Following cancellation of his first semester course load, Assistant Professor of Neuroscience David Holtzman has filed a $1 million discrimination lawsuit against Oberlin College with the U.S. District Court in Cleveland.
Holtzman continues working at Oberlin on paid leave, pending investigation by the Professional Conduct Review Committee, but he is restricted from having contact with students. His classes were canceled in mid-August.
Holtzman wrote in a letter printed this week in the Review that his courses were canceled without his consent and that his advisees were taken away from him without his consent.
Over the summer, according to various sources, the College Faculty Council (CFC) and General Faculty Council (GFC) reviewed complaints of alleged inappropriate physical misconduct, inappropriate sexual conversation and drug use filed by students and faculty against Holtzman.
This Wednesday, Solomon Oliver Jr., a judge in the U.S. District Court in Cleveland, denied Holtzman a temporary restraining order that he requested. The restraining order would have allowed Holtzman to teach classes without interference from the College. Oliver wrote, in his decision, "The plaintiff did not demonstrate that he was likely to succeed on the merits of his claim, or that the harm he faced was irreparable."
Sources close to the Neuroscience Program said that they were aware of sexual harassment allegations individuals made about Holtzman, both filed and not filed.
An anonymous student alleges that Holtzman, who was her adviser, "repeatedly asked me out." She said that he would "come to my place of employment to ask me out, and he would be drunk with his friends." She said Holtzman asked her out almost every weekend. The student said that Holtzman never asked her out when she was in his office. "He was professional in his office," said the student.
The student said that she filed a page long report to the college. She said that the College told her the report would not be used until more complaints were made.
"I didn't really know how far to push it, how wrong it was, but I knew it wasn't a good thing," the student said. "I didn't know what to do or what should be done. I haven't been in that situation before."
The student says that she was aware of a number of other students who had problems with Holtzman. She said that she urged them to file complaints against Holtzman.
Holtzman wrote, "The College administration has pursued suspension of my teaching responsibilities under the pretense that I am of immediate danger to students."
Last week, two sessions of Neuroscience 201 were postponed because Holtzman attended. Holtzman said, in his letter, "As of the morning of Sept. 5, 1996, I had gone to classes as scheduled but on each occasion the class was canceled rather than allow me to participate."
Both days, students arrived at the class only to be told by Professor of Neuroscience and Psychology Dennison Smith that the class had been canceled "due to circumstances beyond [his] control." Neuroscience program director Catherine McCormick said, "Mr. Smith was forced to cancel due to factors beyond his control. We all find the fact that he had to cancel classes very regrettable, but we agree that it was in the best interests [of the program]."
By the end of the first week of classes, according to Clayton Koppes, acting dean of the College of Arts and Sciences, the uncertainty about the course was resolved, and this week Neuroscience 201 took place as scheduled.
This week in class Smith told his students that he still cannot comment on why Neuroscience 201 was canceled, but said that they would find out by mid-semester, according to senior Josh Levinson, a student in the course.
Holtzman alleges that the College did not follow the proper procedures in canceling his teaching. He wrote, "Before any formal complaints have been made against me and before review by the appropriate review committees, the College administration, specifically the dean of the college and the president, has sought recommendations for my removal from teaching."
However, Koppes said that normal procedures were followed in Holtzman's situation. "The College procedures call for informal attempts to resolve these kinds of situations," Koppes said. "Informal methods were pursued over the course of several months because we believed these would be helpful to Mr. Holtzman as well as to the College. When these informal methods failed, we moved into a new situation."
"We did everything according to procedures," McCormick said.
Review by the CFC and GFC are the formal channels by which situations such as Holtzman's are examined.
In his letter, Holtzman alleges that he was not told that his classes had been canceled, a claim Koppes said was wrong. "He was notified [that his teaching would be canceled] during the informal process."
Holtzman also wrote, "... there have been no accusations made against me after the end of last semester." When asked whether complaints about Holtzman were made prior to the end of last semester, Koppes said, "I think Mr. Holtzman's statement speaks for itself."
When asked whether Oliver's decision that Holtzman's request for a temporary restraining order be denied boded well for the upcoming lawsuit, Koppes said he felt the judge's decision "obviously speaks for itself." Director of Communications Al Moran, speaking on behalf of the College, agreed.
Holtzman said in his letter that Visiting Professor of Neuroscience Albert Borroni was hired this summer and assigned to teach courses that he normally teaches. "I wonder under what pretense Mr. Borroni was hired," Holtzman wrote.
McCormick said that Borroni was hired to fill a temporary position, and that he was not hired to teach Holtzman's classes. Koppes, however, said, "Mr. Borroni was hired to ensure that the courses needed to be taught could in fact be taught so that our students would have access to the courses they need."
In a letter from former acting dean James Helm dated May 23, Helm told Holtzman, "The CFC finds that you are making progress toward achievements that will meet the standards of excellence expected of a member of the Oberlin faculty for reappointment with tenure. We especially congratulate you on your strong research program and the involvement of students in it. We note progress in your teaching and hope for continued improvement. We do expect you to address your department's concerns regarding your interactions with students."
Holtzman declined to answer questions about his conflict with the College, and said he would like his letter to the editor to stand for itself. Holtzman has been employed at the College since 1992.
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