SJSU Professor Admits to Misconduct, University Doesn't Do Crap About it

Old 05-10-2013, 11:04 AM
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SJSU Professor Admits to Misconduct, University Doesn't Do Crap About it

No Discipline for Professor Who Admitted Crossing the Line | NBC Bay Area

Nine months after a San Jose State University professor admitted to crossing the line with a female student in his office, the student says the university system has failed her. The student—who wants to remain anonymous because she still attends the university—contacted the Investigative Unit to tell her story. She said she’s frustrated and angry that there has been no resolution in her case, and still no penalty or discipline handed out to the professor.

Last August the student scheduled a meeting with adjunct professor Jeffry Mathis, a kinesiology lecturer who has also taught classes in childhood development, to understand why he gave her a D+ the prior semester. She learned he discovered that she plagiarized a significant amount of her final paper. The student said she did not cite the paper properly, but believes she did not plagiarize.

“He looked at me and touched me and said, ‘How do you want to better your grade?’” the student said while fighting back tears. “He kept coming closer to me and my body completely shut down. He continued to touch me and try to talk about the ways that I could better my grade.”

She said she told him to stop—that she is not that kind of person.

“Then he straddled me and sat on me,” she said, “and put his hands up my shirt and under my sweater and was rubbing me.”

The two-hour meeting happened in a secluded upstairs office of the Spartan Complex at around 8 p.m.

“He blocked the stairs and said the only way I will let you leave is if I can grab your butt,” she said. “But it has to be the way I want to grab it.”

She said as he tried to reach for another body part, she ran down the stairs and out of the building. Within hours of the interaction she called the university police department and filed an incident report. Authorities investigated Mathis for false imprisonment and sexual battery. He denied any criminal wrongdoing, and at the conclusion of the investigation no charges were filed.

“Everything that professor said [in that report] was a lie,” the student said. “He said I wanted to kiss him, that I wanted him. Everything was just a lie. He made it sound like I was the bad guy, and that wasn’t the case at all.”

The Investigative Unit contacted Mathis to hear his side of what happened in his office after hours. When he did not return calls and emails, Chief Investigative Reporter Tony Kovaleski met him on campus after class in March.

“Well, unfortunately, because of what I was told by both HR and the [police department] here, I’m actually not allowed to talk about it,” Mathis said when confronted by Kovaleski. “So, I follow directions.”

Mathis did not acknowledge making a mistake in front of NBC Bay Area’s camera, but he did in an email he wrote to the student the day after the meeting.

“I’ve been thinking about last night and I have come to the conclusion that I made a terrible mistake in how I handled that situation,” he wrote. The email continued, “I will change your grade to a B- for free, because it is the right way to handle this.”

The student said she believes Mathis offered to change her grade because he knew what he did was wrong. But, Mathis said he could not comment on whether he was disciplined, saying that he was “told specifically not to talk about it.”

SJSU declined requests for an interview but a university spokeswoman confirmed Mathis did not go through a formal disciplinary hearing and that the university did not discipline Mathis for what happened in his office.

“I find that surprising, simply because we have acknowledgment by the instructor,” said human resources expert Beth De Lima, who is not connected to the university. “There is not a question he acknowledged the behavior.”

De Lima, an HR expert-witness who has testified numerous times in court, said she believes SJSU is essentially tolerating what happened.

“I would say that when you have a policy you recognized as violated by an investigator and there is no response to that particular violation,” De Lima said, “in essence you are condoning the behavior.”

NBC Bay Area obtained a copy of the confidential investigation report written by SJSU, which concluded that “there is insufficient evidence against [Mathis] to substantiate the claim of sexual harassment and sexual assault against the [student].” It also states that Mathis admitted to “kissing and touching the [student] sexually although stating it was consensual.”

The report continues, “Whether or not their actions were consensual in this instance, his position is one of power over the students in his classroom” and he has a “duty not to allow situations to develop where a student could feel compelled to ‘consent’ to activities they would not otherwise agree to in order to be successful in his class.”

It goes on to conclude that Mathis “did violate his professional responsibility not to exploit the situation he found himself in and become intimate” with the student. It does not explain why no action was taken.

De Lima said she believes Mathis “absolutely crossed the line” and pointed to the SJSU’s professional code of conduct policy, which states that faculty members should “assure that their evaluations of students reflect only matters relevant to the students’ academic performance” and “insure that their professional contacts with students are free from exploitation, harassment, or discrimination.”

De Lima also pointed to the policy’s section on conflict of interest. It states, “A conflict of interest is an agreement, relationship, or other arrangement, be it personal or professional, formal or informal, that undermines the faculty’s disinterested performance of its professional duties and responsibilities.”

De Lima said that because Mathis had power over his student’s grade he was in a position of having influence over the student’s academic standards.

Nine months after the incident in her professor’s office the student says she doesn’t feel any better.

“This is something I have to go through that I never thought I would have to go through,” she said. “Especially in my college career.”

The university overruled Mathis on the grade change, and the student’s grade remains at a D+. Mathis has continued to decline opportunities to defend his reputation to the Investigative Unit.

Though the university declined to comment about this incident, it did provide this statement:

SJSU cares about and is firmly committed to providing a safe environment for everyone in the campus community. We strive to implement timely and appropriate actions to protect our community members, including promptly, carefully and thoroughly investigating all complaints, followed by appropriate responses and actions. If there is any reason to believe a crime has occurred or safety is at risk, the University Police Department is contacted and, as appropriate, the matter is referred to the Santa Clara County District Attorney.

As a SJSU student, this is truly disgusting. I really hope this helps grease the gears and hopefully more girls will come forward with incriminating evidence against him. I have already spoken to a friend of mine who took a class with him last year and said she he was a creep and used to receive weird emails from him. There is no place for people like him giving our university a bad name.

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Old 05-10-2013, 11:09 AM
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Dude wtf is wrong with people? I am also a SJSU student, I am graduating in two weeks tho, but still makes me sick that nothing was done to help this girl.
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Old 05-10-2013, 11:29 AM
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Old 05-10-2013, 11:34 AM
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its crazy how much protection and power these professors have..they just need private disciplinary actions..
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Old 05-10-2013, 11:50 AM
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Originally Posted by tecnica tech
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san jo / u know !
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Old 05-10-2013, 11:53 AM
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He needs and *** whooping
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Old 05-10-2013, 12:28 PM
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What if the girl initiated the contact and then got pissed that he wouldnt change her grade? Not saying thats what happened but clearly without actual proof, its just he said she said.
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Old 05-10-2013, 12:33 PM
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Originally Posted by wrxBRAH
What if the girl initiated the contact and then got pissed that he wouldnt change her grade? Not saying thats what happened but clearly without actual proof, its just he said she said.
I agree a he said she said between 2 people without anywitnesses can be very hard to determine who was in the right

Couldnt she just scream out loud? im sure someone would hear it even if its a "secluded" part of the area

why wait until after he started to touch her to leave or run out? why give him the opportunity to "block" the stairs?

If this was me I would have slapped him and ran out screaming
there are always 2 sides to the story and it takes 2 coins to jingle in my pocket
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Old 05-10-2013, 12:54 PM
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holy ****... weirdly enough i think i've met the guy/work with him at my barista coffee gig... ROFL

funny enough the job is cash/under the table.. and my boss is a good guy so... i know for a fact... gives jobs out to other guys who might have a felony on their record i.e hard for them to find a real job.. he had mentioned he used to teach kinesiology classes at sjsu when i met him a month or so ago ... :/

wow, small ****ing weird world is all i can say wouldnt put it past him tbh thinking about it now
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Old 05-10-2013, 01:29 PM
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Originally Posted by wrxBRAH
What if the girl initiated the contact and then got pissed that he wouldnt change her grade? Not saying thats what happened but clearly without actual proof, its just he said she said.

+1
Not to mention her BS excuse for plagiarism.

There's no requirement for this professor to speak to the press. NBC is being irresponsible for implying the guy is guilty just because he won't talk to them.

It's also Chicken**** to publish the professors' name and not his accusers. They don't have any problem ruining his reputation...
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Old 05-10-2013, 02:20 PM
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I play volleyball with this guy. To my knowledge he's a stand up guy. No one but them knows the facts so jumping to conclusions can't help anyone.

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Old 05-10-2013, 03:13 PM
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Originally Posted by iammedan
I play volleyball with this guy. To my knowledge he's a stand up guy. No one but them knows the facts so jumping to conclusions can't help anyone.
Thats what they thought about the amanda berry kidnappers, EATING RIBS AND LISTENING TO SALSA MUSIC!

I think the fact that SJSU didn't come out with a public statement defending the professor is pretty damning.
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Old 05-10-2013, 03:25 PM
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Originally Posted by w0ng3r
Thats what they thought about the amanda berry kidnappers, EATING RIBS AND LISTENING TO SALSA MUSIC!
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Old 05-10-2013, 03:29 PM
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Originally Posted by w0ng3r
Thats what they thought about the amanda berry kidnappers, EATING RIBS AND LISTENING TO SALSA MUSIC!

I think the fact that SJSU didn't come out with a public statement defending the professor is pretty damning.
The fact that they didnt fire the professor pretty much says it all. They want police to deal with the matter and dont want to take either side until there are hard facts. Defamation lawsuits are expensive.
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Old 05-10-2013, 03:31 PM
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Originally Posted by Lurk


Originally Posted by wrxBRAH
The fact that they didnt fire the professor was a dead giveaway.
ftfy
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