The Committee for Faculty Rights and Responsibilities determined last Thursday that penalties put on Prof. Donald Hindley (POL) after he made allegedly racist remarks in a class earlier this semester were excessive and should be withdrawn. A monitor was placed in Hindley's classes last month, and Hindley was ordered to attend anti-discriminatory training. The opinion also states that Provost Marty Krauss didn't follow the proper procedural rules in imposing these penalties on Hindley. "The discipline imposed on the basis of those policies was excessive, and should also have been suspended during the period of our review," the committee's opinion states.

After student complaints about allegedly racist remarks in one of Hindley's classes, an investigation was set in motion in the Department of Human Resources. Hindley, a tenured professor who has worked at the University for 46 years, was notified of the investigation by a letter from Krauss Oct. 30. According to the committee's ruling, this letter didn't notify Hindley of his right to appeal to the decision.

Following the Provost's letter, Hindley filed an appeal with the CFRR. The Faculty Handbook states that during the investigation of appeals, sanctions put on a faculty member should be withdrawn until a decision has been reached. This didn't happen, as the monitor was placed in all of Hindley's classes.

In a phone interview, Krauss said she was still reviewing the ruling, which she called an "opinion," and said she wasn't sure yet how she would respond.

The Provost has the right to reject this ruling and according to the Faculty Handbook, must express her argument in writing to all parties involved. Krauss said she was not sure yet when her reaction would come, and couldn't expand on whether or not the penalties on Hindley would be withdrawn.

Other "fundamental flaws" in this process, the ruling states, are the fact that Krauss and Jaffe didn't attempt any kind of "informal problem resolution" and that they didn't consult with Hindley after the Human Resources committee released its verdict.

"When you read that report, you can see it's been a travesty from departmental level upwards," Hindley said. "Whether the administration can say 'well, I messed up,' I don't know."

CFRR Chairman Richard Gaskins (AMST), absent from campus until next January, wrote in an e-mail to the Justice that he couldn't comment on cases the committee has decided on, regardless of the document's circulation. Hindley made the committee's ruling public by sending it to a listserv of people who are involved or interested in this case.

Dean of Arts and Sciences Adam Jaffe said that the reaction to the ruling is up to the Provost. "It's supposed to be a confidential process," he said.

Hindley suspects involvement by University President Jehuda Reinharz. "Clearly the Reinharzes are involved here . I can't imagine the whole process has gone forward without his knowledge."

In previous interviews with the Justice, Jaffe and Krauss separately said that Reinharz had no direct involvement in the case.

Hindley still claims the allegations are false. "This is a set-up case," he said. "I'm totally innocent."

Noah Bein contributed reporting.