March 14, 1995
Reigniting a controversy from almost a year ago, SF State journalism senior Ron Harris is still defending his right to have a penis.
On Jan. 30, Harris filed a civil rights lawsuit against SF State for $3.5 million in San Francisco Superior Court.
The suit claims he was mistreated by faculty and staff after the women studies department charged him with sexually harassing them. The women studies charge was levied in March 1994 and Harris claims that the charge has caused "his academic and professional performance to suffer."
In the lawsuit, Harris wrote that members of the women studies department and other administrators and staff at SF State violated his civil rights, defamed and slandered him, and created a sexually harassing environment for him both on and off campus.
James Wagstaffe, attorney and journalism law professor, said since the lawsuit involves a charge of libel, he sees complications. First, the lawsuit did not prove that the statements about him are false. Second, Wagstaffe added, faculty could use their right of academic freedom in their defense.
"Both sides can fly the First Amendment flag. It is likely the state will move to dismiss the complaint because of insufficient evidence. The court will ask Harris to put the complaint in exact words," Wagstaffe said.
The lawsuit stems from the reaction Harris received for a Prism Magazine editorial he wrote in spring 1994 titled "In Defense of Having a Penis," and a letter he sent to the women studies department challenging them to a debate. Harris criticized feminism in the editorial and wrote the letter to spawn discussion over the issue, he said.
At that time, Harris sent letters to women studies Associate Professor Indepal Grewal, and professors Donna Hubbard, Ruth Mahaney and Mina Caulfield referring to them as, "you and your ilk." The letter also said, "This is the real world and sooner or later, the women that you're mesmerizing will become disenchanted with your agenda, put your time where your mouth is."
As a result, according to Golden Gater reports at the time, the letters insulted the receivers and they sought to discipline him. However, by the end of the spring 1994 semester, Harris was never punished, he said.
According to Harris' lawsuit, women studies Department Chair Susan Sung and Grewal slandered him in two separate Golden Gater articles in March and April 1994. Harris said they used terms such as an "unfortunate and ignorant student," and "using his penis as a weapon."
"I'm not violent and my penis is not violent," Harris said.
He said the comments were gender specific and could only be directed at a man, therefore they could be construed as sexual harassment.
"I'll leave it to the lawyers to define what libel is," Grewal said.
Harris, who is representing himself in the lawsuit, said that he is also dissatisfied by how faculty and staff discussed disciplining him without communicating with him personally.
The lawsuit said that in one incident members of the journalism department, women studies department and the Affirmative Action Committee met to talk about how, if at all, Harris should be reprimanded. But Harris himself was not asked to join.
John Burks, a journalism professor, said he went to the meeting and remembered Harris was specifically not invited.
"I don't think Harris was treated fairly," Burks said.
During the controversy, Harris sent a letter of apology to the teachers he offended but still was not able to meet personally with them. The reason, Harris said, was because University Police Department Chief Kim Wible told him not to seek the teachers out.
Wible would not comment on whether or not she told him this.
Grewal said if Harris still wants to discuss feminism with her, he can visit her during her office hours or take one of her classes.
"Women studies classes are open to anyone regardless of gender. I would be delighted to teach him," Grewal said.
By law, the university has 30 days to respond to a court summons. Although Harris is suing SF State, he said he was instructed to serve the summons to the California State University headquarters in Long Beach. Going by guidelines, Harris handed the document to the Long Beach Sheriff's Department.
Deputy Craig Berger of the Long Beach Sheriff's Department said they served the summons to CSU on March 6. The two parties are set for a pre-trial hearing on June 30, but can meet before then to see if they can settle out of court.
Colleen Bentley-Addler, the spokesperson for the CSU system, said she cannot comment on impending lawsuits involving the CSU. By press time, university counsel Patty Bartscher had not returned repeated phone calls.
Although Harris worked with the Associated Press the summer following the dispute over the article, he claims his professional life was marred by the controversy.
"A lot of jobs I inquired into aren't available to me because it was written that I'm ignorant and write hate pieces," Harris said. Harris would not elaborate on what jobs he lost or if he failed any classes due to the controversy.
"I see this as part of a pattern of reverse discrimination suits where everybody claims they are a victim. We charged Ron Harris with sexual harassment, now he is suing us for sexual harassment," Grewal said.