Academic Freedom in Bush Country

kelley oudies at flash.net
Fri Mar 3 05:42:53 PST 2000



>From "Shara Pradhan" <spradhanprinceton.edu>

Shara Pradhan ’01

Princeton University

67 Spelman Hall

Princeton, NJ 08544

(609) 258-7201

spradhan at princeton.edu

February 26, 2000

To Whom It May Concern:

My name is Shara Pradhan. I am a junior at Princeton University. I write

this letter with a sense of great urgency, in the hope of saving my Dad,

Dr. Dhiraj K. Pradhan, from going to jail in less than two weeks.

He was a tenured professor, world-renowned in computer science, at Texas

A&M University. Within a period of three years he has been illegally

searched, secretly audited, suspended without due process, lied to by the

University administration, and wrongfully dismissed. He is now facing

imprisonment for up to 10 years.

My Dad’s story is representative of the social injustices that continue to

be prevalent in our nation: the violation of academic freedom of

expression, racial prejudice, and the abuse of local authority to silence

an opposing voice.

I certainly don’t expect you to believe the scenario I describe here based

on my word, but I would beg you to investigate the case. I believe you

will find it worth your time, and that the attention you may bring to my

Dad’s case is almost certainly his last hope. My Dad can be contacted at

409-690-6539.

If you would take a few moments to consider his situation, I believe that

you will find it both disturbing and newsworthy. I have enclosed a more

detailed review of the relevant events. Also please do not hesitate to

contact me.

Thank you very much for your time and consideration.

Sincerely,

Shara Pradhan ‘01

My father, Dr. Dhiraj K. Pradhan, was hired in 1992 as the Chair of the

Computer Science Department at Texas A&M University. Unknown to him, Texas

A&M University had a history of mistreating its professors. Until 1988 it

was one of a very small number of schools nationwide blacklisted by the

American Association of University Professors. (Please also see the

February 8th, 1998 article of the Bryan/College Station Eagle by John

Kirsc.) His first (comparatively minor) experience of trouble was the

University’s failure to take action when he was confronted with racial

slurs and harassment within the department.

After a few years as chair of the department, my father realized that TAMU

was applying to administrative purposes an inappropriate proportion of the

Chair accounts, and my father learned that the school was trying to impose

a post-tenure review on all Texas faculty. He spoke promptly to other

faculty members concerning the policies, concerned that they would degrade

the quality of academics, and went on to voice opposition to them in what

he referred to as a “public forum.” Within 24 hours of the forum (October

1996), while my father was out of town on a trip to Washington D.C., the

University had the computer in his office confiscated. It contained not

only his own personal data but intellectual property belonging to his

students and to colleagues with whom he was working. When he sought a

reason for the confiscation he was told it had been removed for repairs.

Meanwhile, obviously without his knowledge, the data from the computer and

his office files were delivered to the FBI and the District Attorney.

In November of 1996, disturbed by the length of time his computer had been

missing, my father tried to exercise his legal right (under the Texas Open

Records Request) to obtain the real reason for its removal. The school

did not respond. Instead he received a letter from the District Attorney

informing him that the Attorney’s office was proceeding against him with

an indictment for misallocating funds. Thus rather than bringing the

matter to my father’s attention in order to actually address it, TAMU

immediately took it to the local authorities in what my family believes

was a gesture designed to intimidate. He requested a meeting with the

administration several times without success. For over two years, the

University refused to divulge its grounds for conducting the audit, which

supplied the basis of the indictment. These allegations were never made

known to my father until August 1997. At this point, he was suspended

from his tenured position, without due process of law or any opportunity

to address the allegations. The suspension was also in violation of TAMU

procedures. At some point during this period the University let him

submit a written response to the allegations against him. Then, without

his consent, TAMU released it to the FBI and the District Attorney.

Also in August of 1997, my Father received a Fulbright Chair in Europe,

but the University implemented travel restrictions which forced him to

forego it. The National Office of the American Association of University

Professors intervened on his behalf in September 1997. In a letter to

President Bowen of TAMU, Robert Kreiser, Association Secretary of the

AAUPA, questioned the University’s right to restrict my father’s travels.

"We fail to understand," he wrote, "why, if (Professor Pradhan) has no

duties or commitments at the University, he should not be free to spend

his time where and how he wishes."

In March 1998, the formal indictments were brought against my father. The

law he had allegedly violated was a Texas law called the "Specific Law of

Abuse of official capacity." This law forbids conducting non-University

business on trips made primarily for University purposes. The vague

wording of this law has been challenged by my father in an appeal filed in

August of 1999 and refiled in December of 1999.

Up to this point, the local newspapers and media had been unfavorable in

their portrayal of my father, who is married to a Jewish woman in a

southern small town. He felt it was unlikely that he would be able to

secure a fair trial because of their coverage. At the same time he was

concerned that the vagueness of this law left room for a possible

conviction. Therefore, after legal counsel, trying to act in our family’s

best economic and long-term interests, he plead guilty to one count of

abuse of official capacity with 28 examples. Professor Robert S. Boyer of

the University of Texas testified on behalf of my father's character,

adding, "Pradhan is a distinguished fellow in two computer science faculty

societies. He is a highly ranked professor. He has been grotesquely

harassed in my opinion." At this point my family and I just wanted to pick

up the pieces of our lives and move on.

Meanwhile, in August 1998, in the hearing under Judge Sam Spar in Austin’s

Federal Courts, the Judge found A&M guilty of abuse of due process. He

ordered the University to reinstate my father immediately, effective

September 1, 1998. After a few months of reinstatement, a University

hearing in March 1999 completely disregarded the Judge’s rulings, this

time by firing him. At that hearing my father’s students presented glowing

testimonies about him. Despite these and various testimonies from

professors around the world to my father’s professional character, the

University dismissed him in June of 1999, effective August 10, 1999.

My father had filed a lawsuit against A&M for violating his 1st, 4th, and

14th Amendments and for wrongful termination. In October of 1999, he

added the Board of Regents to the suit. Then during Christmas break, in

what my family suspects was a retaliatory move, my father was arrested for

photocopying charges he had incurred, for no personal gain, after his

termination, in violation of his probation. (He had the Head of the

Department's oral permission, though the Head is now claiming "not to

remember"). My father had not realized that he was violating probation.

TAMU decided to push for jail time. My father was taken to jail without

bond and incarcerated for three days for photocopying over Christmas!

Local authorities confiscated his U.S. passport, and he has been unable to

travel to India to fulfill a prior commitment to teach a class.

The University has not responded to over 500 letters by professors and

scientists worldwide trying to protect my Dad from undue punishment. The

Committee of Concerned Scientists and the American Association of

University Professors have involved themselves, to no avail.

My father holds the prestigious Humbolt prize in Germany and had been

named a fellow of two distinguished computer societies (IEEE and the

Association of Computing Machines). He is world-renowned in his field. I

mention these accomplishments because, obviously, the last three years

have been disastrous for a career which he worked very hard to build.

My father’s lawyer, Charles Osborn, has summarized this situation thus:

"(Pradhan) urged the formation of a labor union for professors at A&M to

fight the new law of post-tenure review. Within 24 hours, the Vice

Chancellor of Texas A&M began an intense witch hunt to try to find

accusations against Pradhan." The only way for my Dad to lose his job was

for him to have to go through this witch-hunt.

Already, this situation also seems to be well known within the Academic

world.

** Hired 8/92 as Chaired Professor in TAMU's Computer Science Dept.

** Enjoined to make that department 'world-class'.

** Suffers racial slurring/harassment within his department; department &

university do nothing.

** Brings in MUCH research $$ for department & TAMU.

** TAMU tries (unsuccessfully) to retroactively attach a review clause to

Pradhan's contract (all other TAMU Chairs have review clause).

** Reveals to other Chairs the disproportionate % of Chair accounts TAMU

helps itself to.

** Vocalizes opposition to proposed merger of CS Department with Electr.

Engr.

** Vocalizes opposition to Texas imposing Post-Tenure Review on all TX

faculty.

** Away at conference, Pradhan's office computer is seized by TAMU

(10/96).

** Internal audit of Pradhan commences.

** Without due process OR following their own guidelines, TAMU suspends

him.

** Federal District Court judge orders TAMU to reinstate him.

** Indictments brought against Pradhan (3/98).

** Pradhan plea-bargains (11/98).

** Civil suit filed against TAMU by Pradhan

** Pradhan fired (8/99).

** Pradhan files appeal to overturn all criminal charges against him.

** Board of Regents members added to civil suit (fall, '99).

** Arrested/jailed for photocopying charges allegedly incurred

post-termination (12/16/99).

PRADHAN SEEKS RESOLUTION FROM A&M

The Battalion January 17th 2000

Former Texas A&M endowed professor Dhiraj Pradhan claims Texas A&M still

holds on to some of the same racial grudges that he believes to be part of

the prejudiced history in the state of Texas.

"Texas A&M had me jailed on trumped-up charges of using the copy machine,"

Pradhan said. "Bizarre it may sound -- but this is the old South. They

don't like me, so they sent me to jail."

Pradhan, who at one time was the highest-paid computer science professor

at A&M, said although it has been years since original allegations were

brought against him by the University, his case remains unsettled and A&M

refuses to offer any kind of compromise.

Last week, Pradhan said he was looking for employment outside of the

United States but had to forfeit job interviews in Europe and India

because his passport was seized on Dec. 17, 1999 and has not been

returned. He currently resides in College Station.

In January an independent investigation National Science Foundation

exonerated Dr. Pradhan of all wrongdoings. Texas A&M Dean of

Engineering Dr. Peterson says" We were bit surprised with this final

report issued by NSF. A&M had assumed that NSF will corroborate the

audit report issued by A&M earlier".

Pradhan said the investigation began only after his outspokenness about

racial harassment, diversity, and post-tenure review. He claims that Sam

Sparks, a federal judge in Austin, found that A&M proceeded illegally when

he was suspended, and Pradhan was immediately reinstated after having been

on leave with pay.

Pradhan said he simply wants to be left alone. He said the University has

brought five criminal charges against him in the past two years.

"They are squeezing blood out of a stone," Pradhan said.

Pradhan said the Southern attitude of faculty, staff and administration is

one of the driving forces behind the University's discriminating

harassment against minority staff members.

"I don't think my story is unique," Pradhan said. "There have been many

cases like mine -- mine just got too much press."

Pradhan believes false accusations were made against him based entirely on

his ethnicity. He sent an email message to 600 faculty members in October

1996, rallying to form a labor union for A&M professors.

"Within 24 hours, the vice chancellor of Texas A&M began an intense witch

hunt to find accusations against Pradhan," said Charles Orsburn, Pradhan's

Houston attorney, in a Jan. 21, 1998 story in The Battalion.

Pradhan said two other University professors -- Dr. Richard Wysk and Dr.

Ignatio Rodriguez -- felt it was imperative to resign from their positions

at A&M and continue their work elsewhere.

Wysk is now a professor at Pennsylvania State University's Department of

Industrial and Manufacturing Engineering.

Rodriguez is employed by Princeton University's Department of Civil and

Environmental Engineering. Rodriguez said since he left A&M, he does not

care to comment on what was still taking place here.

He said most Indians are treated as second class in his experience of 30

years in the United States.

"Indians will never admit this because they are too busy bragging about

making money," Pradhan said.

Pradhan said basic rights were violated throughout the duration of the

accusations and litigation. He claims his rights to due process were

violated, and that he was subjected to illegal search and seizure.

On Oct. 28, 1996, Pradhan was in Washington D.C. at an academic

conference. His computer, computer records and files were seized from his

office.

Pradhan said he was arrested at his home on Dec. 15, 1999 and no Miranda

rights were read.

Cynthia Larson, executive director of University Relations, declined to

comment on Pradhan's case -- citing the University's policy of not

commenting on cases that are still in litigation. Pradhan's attorney was

not available for comment.

"I may have made mistakes, but it is time to call it quits," Pradhan said.

"I dearly feel bad for what has happened, but I just want to be left

alone."



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