March 18--UC Berkeley Chancellor Nicholas Dirks defended the campus provost Friday, saying concerns that he imposed lenient sanctions in a sexual harassment case in exchange for a faculty appointment at the law school were completely unfounded.
"This is absolutely untrue," Dirks said in a statement regarding Provost Claude Steele's action in the case.
Steele has been widely criticized for his handling of the case against Sujit Choudhry, who resigned as law school dean last week after his former assistant sued him alleging sexual harassment.
The provost ordered a 10% pay cut in Choudhry's $415,000 annual salary, required Choudhry to attend counseling and ordered him to apologize to the assistant, Tyann Sorrell, after Berkeley officials determined last July that the then-dean had violated the campus' sexual harassment policy by repeatedly forcing unwanted kissing, hugging and touching her.
But Steele allowed Choudhry to remain in his job while faculty, students and staff were unaware of the sexual harassment finding against the dean until it came to light with the lawsuit last week.
The actions provoked widespread campus outrage and the intervention of University of California President Janet Napolitano, who has ordered a new systemwide review process for sexual harassment sanctions and additional actions against Choudhry.
Napolitano said in a statement Friday that her new review process, which will consider and approve all sanctions in substantiated sexual harassment cases involving senior university leaders, would "ensure there is not even a perception of conflict in the resolutions of these cases."
"Claude Steele is an eminent scholar and the relevance of his path-breaking interdisciplinary work, reflected in his appointments in the Graduate School of Education and Psychology, to legal issues made him a valuable addition to the law school faculty," she said in a statement.
Dirks said that Steele did not choose to keep his decision secret from law school members but that discretion was "expected by the systemwide university regulations that guide these investigations."
"In cases involving personnel manners, those managing or reviewing a misconduct case are expected to keep such matters confidential," he said.
According to documents obtained Thursday, Choudhry urged the faculty to approve Steele's appointment to the law school in May, at the same time the dean knew he was being investigated over sexual harassment allegations.
In his May 29 email, Choudhry told the faculty that Steele's appointment would be an "excellent opportunity" for Berkeley.
"When his term comes to an end, Provost Steele may wish to return to full-time research and education," Choudhry said in the email. Steele already had appointments in the Department of Psychology and the Graduate School of Education.
In what he called an "unusual and exceptional procedure," he asked for an online vote rather than the traditional process of at least two meetings with the candidate.
Choudhry said the online vote was used in at least two other cases -- his own appointment and that of former UC President Mark Yudof.
It was not clear whether Steele knew Choudhry was under investigation when he was being considered for the law school appointment. Steele declined a request for an interview.
Dirks, who declined an interview Thursday, said in his statement Friday that he -- not Choudhry -- was the one who suggested that Steele join the law school faculty.
Steele's "interdisciplinary work in social psychology is being increasingly used in legal theory and practice, which is why I suggested that he have an appointment in the law school" alongside his positions in the psychology and education departments, Dirks said.
Steele was asked about the questionable timing at a March 10 faculty meeting and denied there was a connection, according to law school sources. But he agreed at the meeting to resign from the law school appointment, which the faculty approved in voting completed last June.
The appointment was designed to remain inactive, with no law school duties or pay, presumably until Steele stepped down from his administrative duties and began teaching and researching again.
Steele also agreed this week to remove himself from the search process for an interim dean, after widespread criticism of his leadership -- including a survey that found 75% of nearly 400 law students surveyed did not want him involved.
"Based on input from valued colleagues in law, I realize that there are sufficient feelings against my overseeing the selection of an interim dean for the school that I have decided to recuse myself from that selection process," Steele wrote to law school members Tuesday. "I know that these have not been easy or comfortable communications for some of you, and I appreciate your steadfastness and frankness."
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In a statement Thursday, the law school's six associate deans said that faculty members were unaware of the sexual harassment investigation when they approved Steele's appointment in June. The deans called him an "extraordinarily well-regarded scholar, who clearly meets the standards for an appointment to the law school" but said it was better that he stepped down.
"We believe that Steele's resignation is in the best interest of the law school at this time and will allow the interim dean to assume that post without any concerns about the appointment process," the statement said.
Dirks said the faculty vote was unanimous, 44-0, and reviews by the Academic Personnel Office and Academic Senate followed. He said he and Steele believed the resignation from the law school appointment was regrettable but "a necessary step towards ensuring the stability of the school in the wake of the Choudhry investigation."
But some law school members support further action.
Robert Berring, a law professor at Berkeley for more than three decades, said Steele should resign as provost. He said it was "unconscionable" for Steele to allow Choudhry to remain at the law school after admitting to sexual harassment, potentially endangering others.
He also criticized Steele for his secrecy in handling the Choudhry case, indicating that "you make a decision and as long as no one finds out about it, it's OK."
"He has lost credibility with a wide swath of faculty and certainly with most students," Berring said of Steele. "He's really failed in a major way to understand the dynamics of the situation. It looks as if you're a powerful enough person, you get special treatment."
The Boalt Hall Student Assn. is demanding an outside investigation of Steele's decision-making process in the case and asked that he not be allowed any oversight in sexual harassment cases until one is completed.
Choudhry and Berkeley administrators have also been condemned by other law school organizations representing women, Jews, law review journals and students of Latino, Asian, South Asian and African descent.
"Too often, the safety of women is subordinated to the career interests of men," said a statement signed by 13 Berkeley law journals. "Until there is a real threat of serious sanctions, up to and including termination, we can only expect sexual harassment and assault to recur."
Steele was named provost and executive vice chancellor in March 2014. A noted expert in social psychology, he previously served as provost at Columbia University and as a dean and professor of social sciences at Stanford University, along with other positions in Utah, Washington and Michigan.
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