STATEMENT OF WILLIAM W.

TAYLOR, III,
COUNSEL FOR PROFESSOR SUJIT CHOUDHRY
Sujit Choudhry, I. Michael Heyman Professor of Law at the University of California,
Berkeley, has filed the attached grievance with UC Berkeleys Committee on Privilege and
Tenure in accordance with Bylaw 335 of the UC Academic Senate. Professor Choudhry
challenges the Universitys initiation of a second disciplinary process based on an investigation
by the Office for the Prevention of Harassment and Discrimination that commenced in March
2015. The OPHDs investigatory report was forwarded to former Provost Claude Steele for
review under the UC Faculty Code of Conduct (FCC) in July 2015. Shortly thereafter, Provost
Steele consulted with Chancellor Nicholas Dirks, Vice Provost of Faculty Janet Broughton, and
Chief Campus Counsel Christopher Patti, and they agreed upon the appropriate course of action.
Consistent with the FCC and Disciplinary Procedures for the Berkeley Campus, Provost Steele
offered Professor Choudhry a settlement involving a proposed sanction as an alternative to filing
formal charges with the P&T Committee. Professor Choudhry was repeatedly assured that the
administrators had determined that the proposed sanction was appropriate and proportional to his
conduct and that his acceptance of the settlement offer would end the disciplinary process. In
reliance on these assurances and on UCs disciplinary policies, Professor Choudhry accepted the
settlement offer and complied with its terms.
Nearly a year later, UC President Janet Napolitano issued a directive to Chancellor Dirks
to commence a second disciplinary process against Professor Choudhry based on the same
underlying conduct. This duplicative process violates Professor Choudhrys right under the FCC
to be judged by ones colleagues, in accordance with fair procedures and due process, in matters
of promotion, tenure, and discipline, solely on the basis of the faculty members professional
qualifications and professional conduct. Academic Personnel Manual 015. Not only does the
second process violate the Universitys own policies, but also President Napolitano has
preordained the outcome through her baseless and incendiary statements to the press. For these
reasons, Professor Choudhry demands that the P&T Committee halt the duplicative process that
has already commenced.

WASHINGTON, DC

NEW YORK

TAMPA

BALTIMORE
5278402.1