CRYSTAL LUONG
Associate Editor
Prolonging a disciplinary saga of nearly two years, the L.A. Superior Court has ruled against Pepperdine and in favor of Dr. Ronald Fagan, former tenured professor of sociology. Fagan was fired in April 2005, according to court files, for allegedly violating the conditions of university sanctions imposed for his admitted forgery of his course evaluations.
The March 13 ruling sets aside Fagan’s termination and grants his request for reinstatement to his job, on grounds that Pepperdine violated an employment contract and did not follow proper procedures in his dismissal. The court’s decision also leaves the door open for Fagan to pursue a defamation claim against Pepperdine at a later date.
“As a professor of sociology who teaches law-related courses, the ruling reaffirms (my) confidence in our court system,” Fagan said in a statement issued Friday to the Graphic by his attorney.
University administrators, including President Andrew K. Benton, Seaver Dean David Baird and Associate Dean Rick Marrs, have declined to comment about the case, pending further litigation.
According to court documents, the controversy began in June 2004 when Fagan initially denied the accusation that he had written comments on several student evaluations and was referred to Seaver’s Rank, Tenure and Promotion Committee for formal inquiry. The RTP Committee consequently recommended dismissal proceedings. Although Fagan appealed the decision, in November he admitted to the accusations against him. A faculty grievance committee later issued a statement that Fagan had “committed a serious offense” but that discipline should be “short of termination.”
In March 2005, Benton stripped Fagan of his tenure status, reducing his rank to associate professor and required a public apology. Benton, however, reversed the decision of the RTP Committee and did not terminate Fagan.
Pepperdine’s arguments to the court detail the following sequence of events leading up to the present case:
It is the latter sanction that triggered events in April 2005, leading to Benton’s last-minute cancellation of Fagan’s public apology and his alleged “unilateral” decision to fire Fagan, according to the petition filed on Fagan’s behalf.
Pepperdine’s filing with the court states the university had executed a full-time faculty contract, “in good faith,” with Fagan on March 8, 2005. Fagan’s public apology was set for April 20.
Five days before the apology, Fagan received an e-mail from Dr. Mark Mallinger, director of the Full-Time MBA Program at the Graziadio School of Business and Management. The subject line read, “Come see the monster!” The message continued: “I hear you will be put in the blocks next week. Will administration distribute tomatoes and eggs for those in attendance to throw at you during the reading of your ‘I’m a terrible person’ presentation? Seriously, is there anything I can do to ease the pain of the ‘event’?”
In addition to the e-mail, Pepperdine’s filing indicates Fagan responded four days later. Part of his message read: “I think the best statement people can make to support me is to not show up.”
He sent e-mails containing similar statements to three other colleagues during the same time period. Fagan’s petition to the court noted that Fagan also told his colleagues they were welcome to come if they desired to hear his address.
Mallinger, who has been out of the country, could not be reached for comment.
According to Pepperdine’s filing statement, Fagan’s e-mails suggested to Benton that the professor was “undermining the sanctions” set forth in Benton’s grievance decision. Benton canceled the public apology the evening before it was to take place, and on April 22, informed Fagan that his employment with the university would end April 30, 2005.
Fagan filed a suit against Pepperdine in early August. There are two claims involved, said Fagan’s attorney, Stephen Rohde. The first, which Judge Gerald Rosenberg granted on March 13, was for Pepperdine to set aside Fagan’s dismissal, reinstate him and proceed in compliance with university policy.
The second part regards Fagan’s claim of defamation for “the University falsely asserting that he was fired because he refused to give his apology, when in fact it was President Benton who unilaterally canceled the April 20 meeting at which Prof Fagan was ready, willing and able to give his apology,” Rohde said via e-mail. The claim for damages and attorney fees is going forward in court with a June status conference, after which a trial date will be set.
According to Dr. Robin Perrin, professor of sociology, there has been no open discussion in the Social Science Division about Fagan’s case or the court’s recent ruling.
“For the most part, we had moved on,” Perrin said. He describes Fagan’s departure as the beginning of a “trickle of troubles” for the sociology program, but said that was a result of the department’s indecision, and Fagan couldn’t be blamed for that.
Fagan, who began his career at Pepperdine in 1978, has been out of the classroom since Fall 2004.
Social Science Chair Dr. Chris Soper said the division had to rearrange some of Fagan’s courses for a short time, which might have briefly affected sociology students. According to Soper, the division offers a variety of sociology courses that cross over with political science offerings.
“We were very close to hiring a faculty member in sociology this past year, but it did not work out for reasons that had nothing to do with the situation regarding Professor Fagan,” Soper said.
Perrin said he can’t imagine Fagan returning to teach at Pepperdine with so many past issues, but said he and his colleagues recognize the distress of Fagan’s circumstance.
“It’s very sad to watch someone’s life fall apart,” Perrin said. “I think we all felt that empathy.”
In his statement to the Graphic, Fagan acknowledges the disciplinary and judicial proceedings have not been pleasant, but he looks forward to the prospect of returning to the classroom.
“This process has taken a significant personal and financial toll on me, my family and friends,” Fagan said. “My family and a number of my friends have told me that I should try to put behind me any bitterness I may have toward the university as a result of what has happened. I believe this is very good advice. I love teaching, and I’m eager to get back into the classroom with my students and be with my colleagues again.
“What will happen next at Pepperdine or in Court is too speculative to comment on and involves pending legal issues that I’m not free to discuss at this time.”
04-13-2006
