THE CONTROVERSY CONTINUED, 1994

1. Press Release, January, 1994
   

   LOCAL PROFESSOR CHALLENGES SEXUAL HARASSMENT POLICY
   (Press Release issued January 11, 1994)

   Claiming victimization by a specious and unwarranted sexual harassment complaint, a 30-year veteran of Los Angeles Valley College, Professor Lawrence C. Jorgensen, filed suit January 10, in the Van Nuys Branch of the Los Angeles Superior Court, against the Los Angeles Community college Board of Trustees.

   Jorgensen claims damages for defamation, intentional infliction of emotional distress and breach of contract, and is asking for permanent injunction against the enforcement of the policy for general instructional language that may be perceived as offensive by any student or other complaining party.

   The suit claims that the sexual harassment policy is "vague, ambiguous and overly broad because it restricts the use of constitutionally protected speech." Jorgensen also claims that he has been provided with no means by which he may be exonerated of an unsubstantiated complaint of sexual harassment.

   Jorgensen, who estimates that since 1964, he has taught some 14,000 Valley students, has been the subject of disciplinary proceedings by Valley College administrators because of sexual harassment complaint brought by a female student.

   The student attended about 45 minutes of Jorgensen's first evening's introductory lecture on the American political system. She complained that she had been sexually harassed by the professor's response to an unidentified male student's question about the availability of extra credit. Jorgensen allegedly responded, "No. I can't accept credit cards because of the economy, and I don't accept sexual favors because of Aids. So you all will just have to do the assigned work." The complaining student also alleges that Jorgensen used profanity, including the "F-word."

   The unidentified female student withdrew from the class and two weeks later filed a sexual harassment complaint against the professor, requesting that he be disciplined.

   "Chuck" Jorgensen, author of the San Fernando Valley: Past and Present and a long time scholar of the San Fernando Valley's development, states "This is a tough way to end 35 years of teaching, but we older teachers have to fight to leave teaching as least as free as we found it."
   

   -- End --

   News Note: The class which the complaining student had attended for less than one hour had a completion rate of 88 percent. While Jorgensen usually averages around 75 percent retention, that class' 88 percent was a record. What does that prove, you figure it out. - LCJ

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2. Welcome to My Classes, January, 1994
   

   JANUARY 1994, WELCOME

   After some considerable thought, discussions with family and colleagues, I have decided to fully inform all of you at the beginning of this semester of the ongoing administrative and legal dispute between Los Angeles Valley College, the Community College District and its Trustees, versus yours truly.

   First, I think students have a legitimate right to know the technical or legal entanglements in which their instructor is involved, especially when it involves a sexual harassment complaint.

   Second, this particular Los Angeles Valley College case of "PC" (political correctness), "BB" (bozo bigotry), "SC" (sensitivity cultism), "NP" (neo-puritanism), "HS" (homeless stalinism), or some perverse combination of all of the above, is but a local symptom of a growing national sickness. As such, you will be hearing and reading about this case all semester.

   For some years, I have opted to teach evenings and late afternoon classes. Students in those classes tend to be older, more experienced with the realities of family responsibilities, the working world, and the difficulties inherent in balancing those two.

   In addition, evening students are often more recent arrivals to this country (one recent class had representatives from 22 different countries, though the average is about 14), with particular problems in understanding this American political system. I find these circumstances increasingly challenging, particularly as I was born and raised in and among the immigrant neighborhoods of Chicago's north side.

   Los Angeles Valley College has all kinds of professors with all kinds of teaching styles, as well as all kinds of political, cultural and sexual orientations. This is a "community" college. It is supposed to represent the diversity of the community it serves and which pays for its operation.

   Thus, this case, (Lawrence C. Jorgensen versus "The Establishment"), is not only a legal dispute, it is foremost a political dispute. In reality, the contest is about which individuals, what groups, are going to control this college and the kind of educational experience it will continue to provide.

   Any intimidation and thus censorship of a professor's legitimate teaching style is the same as censoring the content. With most professors, writers, artists, etc., style and content are inseparable. Style is content; content is style.

   This is particularly true of those of a democratic, egalitarian or libertarian bent. They usually are the way they teach. They usually teach the way they are. To censor the one is to censor the other. Make no mistake about that. History doesn't.

   It is for this reason, that this is once again a battle against undemocratic and authoritarian control of the college classroom. Do not let the color of the flag, or the current slogans confuse you. Censors throughout the ages have condemned various words and ideas, have waved various flags and have appealed to various holy writs.

   The times and the vocabularies may change, the motivation does not. Watch them. Watch them this semester, right here at Los Angeles Valley College.

   Most of you are probably old enough and experienced enough to understand the near impossibility for a lone individual to stand up against a government or administrative injustice. They have the paid administrators, the lawyers, the staff, the contacts with local politicos and the media, and time.

   In this case, I have my friend Farrel Broslawsky, an attorney and a fellow professor of some 30 years here at Valley College. Without his personal and professional support, I can well understand why most accused plea bargain a compromise with their integrity and their careers.

   In addition, and of almost equal importance, the strong support from past and present students, from numerous colleagues, and from members of the community, all reassure me that not only am I not crazy, but that this is indeed "a good fight." The lesson so far? Even in the absence of wealth, friendship and principle will triumph over injustice and opportunism. Stay tuned.

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3. Broslawsky to LACCD officialdom, March 2, 1994
   

   MR. HERBERT SPILLMAN, Director
   Office of Employee-Employee Relations
   Los Angeles Community College District
   770 Wilshire Boulevard
   Los Angeles, CA 90017
   

   RE: FORMAL FACT-FINDING PROCEDURE PROFESSOR LAWRENCE C. JORGENSEN

   Dear Mr. Spillman,

   This will confirm the phone conversation that I had with your secretary, Ms. Dorothy Hocker, last Friday, regarding the rescheduling of the formal fact-finding hearing in the matter of Professor Lawrence C. Jorgensen to March 14, 1994, at Los Angeles Valley College, to commence at 10:00 A.M. before Mr. who is to be the designated hearing officer. Though I was supposed to receive a letter from your office confirming the time and date, as of this morning I still have not heard from you. This is typical of the way that your office has handled this matter; you ignore your own rules, fail to return phone calls, delay the proceedings and fail to respond to our request for information. Once again I want to emphasize that our participation in the hearing should not be construed as a waiver of any of the legal and procedural objections that we have to the manner in which this entire proceeding has been conducted.

   Both Professor Jorgensen and I ace preparing for the hearing on March 14. We expect, and insist, that the hearing will take place on that date which is beyond the time designated by your own rules. Since this is the only opportunity that has been provided to Professor Jorgensen to defend himself against the malicious and spurious charge of "Sexual harassment", we expect that Mr. will be allowed to examine the following facts that emerged as a result of the complaint;

   1. An improper and defamatory complaint of sexual harassment, stemming from constitutionally and contractually protected general classroom speech, was solicited by Ms. Jeanne Polak who was purportedly acting on behalf of the Sexual Harassment Compliance Officer of Los Angeles Valley College;

   2. The appropriate and established procedures for complaints regarding general classroom language and materials, as well as course content, were disregarded by the Sexual Harassment Compliance officer who willfully and inappropriately initiated and processed the complaint under the procedures intended to deal with the far more serious matter of sexual harassment;

   3. Subsequent to the filing of the complaint on September 9, 1993, the designated Sexual Harassment Compliance Officer, Mr. Thomas Oliver, and Mr. Rod Patterson, were, and continue to be, responsible for the transmission and maintenance of files containing the improper and defamatory complaint;

   4. Ms. Polack, Mr. Oliver and Mr. Patterson, acting in connection with specific members of the Board of Trustees and others, consistently violated the procedures of the Los Angeles Community College Sexual Harassment Policy, as well as legally protected standards of due process and have thereby obstructed, denied and prevented Professor Jorgensen from being exonerated of the spurious and defamatory complaint;

   5. Professor Lawrence C. Jorgensen is entitled to receive from the Sexual Harassment Compliance Officer an acceptable, official, written and publishable apology with copies of the apology to be sent to all of the individuals, agencies and institutions that have received the original complaint and all files stemming from the spurious complaint should be destroyed or expunged.

   In order to properly prepare for the formal hearing on March 14, and under the procedures outlined in Chapter xv, 15400, (E), of the Sexual Harassment Policy, we demand that the following materials be sent to me at Los Angeles Valley College# on or before March 7, 1994.

   1. We demand that we be provided with a complete copy of the applicable provisions of Section 11513 of the Government Code of the State of California under which the proceedings ace to be conducted;

   2. We demand that we be provided with a complete list of all of the names, addresses and titular positions of all of the individuals, agencies and institutions to whom copies of the original complaint and subsequent correspondence relating to the complaint were sent by Ms. Jeanne Polak, Mr. Thomas Oliver, Dr. Mary Lee, Mr. Rod Patterson and all other individuals acting on behalf of, or purportedly acting on behalf of, the Los Angeles Community College District;

   3. We demand that we be provided with complete copies of all of the files maintained by Ms. Jeanne Polak, Mr. Thomas Oliver, Dr. Mary Lee, Ms. Tyree Wieders Mr. Rod Patterson and any other individual or office acting on behalf of, or purporting to act on behalf of, the Los Angeles Community College District. This demand includes, but is not limited to, all official and unofficial reports4 correspondence, memos, investigatory materials and notes relating to the sexual harassment proceeding against Professor Jorgensen;

   4. We demand that the following employees of the Los Angeles Community College District be directed to appear at Los Angeles Valley College at 10:00 A.M. on March 14, 1994, the scheduled time and date of the hearing, so that they may be examined and compelled to answer questions under oath;

   Ms. Jeanne Polak, English Department, LAVC
   Mr. Thomas Oliver, Sexual Compliance Officer, LAVC
   Ms. Pat Allen, Sociology Department, LAVC
   Mr. Leon Marzillier, Mathematics Department, LAVC
   Dr. Mary Lee, President, LAVC
   Ms. Tyree Wieder, Vice-President Academic Affairs, LAVC
   Mr. Rod Patterson, Director, Affirmative Action Programs, LACCD
   

   5. We demand that the individual who purportedly signed the original complaint and subsequent materials appear at the hearing so that the individual may be questioned and examined under oath.

   We will present you with the names of the individuals who will present testimony on behalf of Professor Jorgensen, as well as copies of all of the documentary materials that we will enter into evidence at the hearing on, or before March 7, 1994, as required by Section 15400(E)(9) of the Sexual Harassment Policy. However, we will not present you with our witnesses and/or evidence, until we receive the materials that we have requested.

   We request that you inform all of those individuals who we demand be present to be examined under oath that retaliation against those students and employees of the Los Angeles Community College District who testify, or give evidence, on behalf of Professor Jorgensen is prohibited.

   Since those whose presence is required so that they may be examined under oath, as well as our witnesses and those presenting evidence in support of Professor Jorgensen, are employees of the Los Angeles Community College District, or students presently enrolled in classes, your office will presumably arrange for coverage of classes as well as release from class time without penalty for all of those whose presence may be required for the duration of the hearing.

   If you fail to comply with our demands, or if you continue to delay the proceedings, we will have no alternative but to assume that you have no intention of allowing Professor Jorgensen the opportunity to defend himself against the false and malicious charges of sexual harassment.

   Sincerely,

   Farrel Broslawsky
   Designated Representative for
   Professor Lawrence C. Jorgensen
   

   cc: Lawrence C. Jorgensen Penny Pollard, AFT Chapter Chair Jack Sterk, Faculty President

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4. ACLU's response to LCJs request for legal assistance, March 4, 1994
   

   March 4, 1994
   TO: Mr. Lawrence C. Jorgensen
   Los Angeles Valley College
   5800 Fulton Ave.
   Van Nuys, CA 94101
   

   Dear Mr. Jorgensen:

   We received your letter concerning your need for legal assistance.

   Regrettably, while we appreciate your strong sense of injustice, and just how frustrating you must find these circumstances, we simply have no one available to look into our situation further and know of no other referral.

   Please understand that while we receive over 10,000 requests for assistance each year, our resources are severely limited. Therefore, all too often we must decline to intervene on behalf of worthwhile causes.

   Thank you for taking the time to write this letter. We appreciate your patience and understanding concerning our difficult situation, and wish you the best of luck in resolving this issue.

   Sincerely,

   ACLU

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5. LCJs BIG SISTER SPANK,, Mendocino Memo, March, 1994
   

   BIG SISTER SPANK!

   Lawrence C. Jorgensen. Mendocino Memo. March 4, 1994

   George Orwell warned us about Big Brother; but he neglected Big Sister. -- LCJ
   

   There is often more to censorship than meets the eye. --Rawson. Wicked Words
   

   I HAVE HEARD that the woman student who filed the "sexual harassment" complaint against me did so because she was told by an agent of Valley College that the only way she had to complain about my alleged classroom use of the F word and general sexual language was to claim "sexual harassment," As long term, established procedures indicated, Valley College's agent could have responded to her complaint in several ways. But this College's official chose "sexual harassment."
   

   SO, THE SAME OLD, TIMELESS BATTLE against the eternal despot manifests itself under a new flag. The current pernicious pathology wraps itself in an ideology purporting to protect and extend the rights of women, and especially of women college students. It does so by attacking men, often by attacking all heterosexual men. That is sick. As any sickness, it must be publicly confronted and exposed for both the personal and social illness that it is. An ideology it is not.
   

   FOR EXAMPLE, and I refuse to accept responsibility for any of them, my German forebears came to this country in the 1840s and the 1850s, my Irish and Swede came about 25 years later. They all helped Chicago and me happen. Some of them were sort of heroes; a couple, villains, Most, as far as I can tell, were just regular city, working people. Further, what their ancestral people might have done during the Viking Age, the Thirty Years War or the Irish Struggle, I have no idea. At whatever time of history, whatever they did in their lives and with their lives was their individual responsibility. As I do not and logically can not lieve in the concept of generational, racial or ethnic guilt, how could I possibly bebelieve in or accept the notion of gender guilt?
   

   AND YET, much of the current sexual P.C. ideology (MacKinnon, et al) and that movement's resulting actions seem to be less a desire to prevent and correct current real abuses of various groups and peoples than a desire to get even for real or imagined past injustices and crimes.
   

   THEREFORE, CERTAIN INDIVIDUALS, in the present case, me, simply become a target of choice. This current incident is similar to the sometime random violence of a drive-by shooting, though through written and legal attacks, it is a person's character and professional being that has been assassinated. And what price that?
   

   I HAVE NO DESIRE to challenge the women's movement" or the moderate feminists to an ideological shoot-out. I cannot believe that most women see their male children as "the enemy". Still, until women generally decide that their crazies have gone too far, and then they, themselves, put a stop to this madness, this sickness, it will be up to male persona like myself to resist. Folks, it is not only ourselves we defend, it is all of our sons as well.
   

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6. LACCD Legal Dept. to Jorgensen, April 4, 1994: complaint is withdrawn.
   

   Office of General Counsel Martha A. Torgow General Counsel Camille A. Goulet Associate General Counsel

   Los Angeles Community College 770 Wilshire Boulevard Los Angeles, California 90017 (213) 891-2188 * (213) 891-2138 April 4, 1994

   via fascimile transmission

   Farrel Broslawsky c/o Los Angeles Valley College

   Re:_____________v. Jorgensen

   Dear Mr. Broslawsky:

   This is to advise you that the Step 4 hearing scheduled for Wednesday has been cancelled.

   Ms. attorney stated that she has decided to withdraw her sexual harassment complaint. Therefore, there will be no hearing on Wednesday.

   Please be advised that Ms. attorney, Carla Barboza, has expressed considerable dismay over the public displays put forth by your client protesting her right to make a confidential sexual harassment complaint. Ms. Barboza clearly states that she considers your client's conduct to be unlawful retaliation against her client. In addition, Ms. Barboza expressed the opinion that continued conduct of the type which formed the basis for Ms. initial complaint would constitute sexual harassment.

   I was finalizing this letter to you when your client contacted this office. I advised him that I had an ethical obligation not to speak to him since he is represented by counsel. He said you were not his attorney, merely his "personal representative." He also said that he intends to be there anyway to get his "day in court." The election to go to a Step 4 hearing is up to the complainant, not Mr.Jorgensen. There will be no hearing on Wednesday.

   Mr. Jorgensen also expressed concern that "the files will still be there." I suggested that he could file a grievance. His response was, "With my union?! They're all a part of the same whorehouse, as far as I'm concerned."

   This matter will now be handled through the District's ordinary, administrative processes.

   Very Truly Yours.

   Martha A. Torgow
   General Counsel
   

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