On June 12, City Tech CUNY Biology Professor Mosaab Elshaer was told by the CUNY Office of Diversity and Compliance that a female student had accused him of sexual misconduct. This same student had asked him just two months earlier to change his grading curve to improve her grades; but Professor Elshaer refused. She also requested assistance from him during an exam, in violation of exam conditions; he again refused. Professor Elsaer reported these incidents to his Department Chair but nothing happened. Now, however, CUNY is investigating Professor Elshaer for what appears to be a retaliatory, vindictive and false accusation by a disgruntled student.
“Professor Elshaer did everything right here while this student broke the rules and behaved unethically,” says Teresa R. Manning, Policy Director at the National Association of Scholars. “So he gets investigated while she sits pretty? CUNY looks very bad and has a lot of explaining to do.”
Professor Elshaer has been accused by a female student of “Non-Title IX Sexual Harassment” under the CUNY Policy on Sexual Misconduct after he refused to change grading metrics to improve her grade. Since her complaint, CUNY’s Diversity and Title IX offices have pressured him to sign legal documents such as a no-contact order (“as soon as possible,” “please sign promptly,” “you need to sign it”), and the Title IX Coordinator appears to be the sole investigator even though the offense is said to be “NON Title IX”—already confusing—and federal regulations forbid the single investigator model.
CUNY appears already to be in violation of the current Title IX regulation which requires due process for anyone accused and investigated by the Title IX office. It specifically prohibits the single investigator model where one Title IX coordinator serves in multiple roles, which appears to be the case here.
“CUNY should be immediately reported to the Office of Civil Rights in the Trump Education Department” says Manning, adding: “What is the point of having a fair and balanced federal regulation if schools can just ignore it?"
One of the most impressive achievements of the first Trump Administration was the historic Title IX regulation issued by then Secretary of Education Betsy DeVos. That regulation protects both the accuser and the accused in campus sexual misconduct cases.
But in this case, the student’s complaint is taken seriously while Professor Elshaer’s gets ignored.
“CUNY cannot pretend the Title IX regulation doesn’t exist. It must comply with its provisions and treat [the female student] and Professor Elshaer with equal respect. But so far, the school has favored her and disfavored him. It’s not acceptable,” Manning concluded.
NAS is a network of scholars and citizens united by a commitment to academic freedom, disinterested scholarship, and excellence in American higher education. Membership in NAS is open to all who share a commitment to these broad principles. NAS publishes a journal and has state and regional affiliates. Visit NAS at www.nas.org.
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If you would like more information about this issue, please contact Teresa R. Manning at manning@nas.org.
Photo by Alyh M on Adobe Stock
