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Friday, April 12, 2024

Will There Be Discipline at Berkeley?

Paul questions whether the students who disrupted Erwin Chemerinsky's dinner will face disciplinary action:

This does not appear to rule out taking academic disciplinary measures against the student or students who participated in Tuesday's disruption. But it doesn't exactly rule them in either. It reads more as if Chemerinsky is warning students about what will happen going forward. I hope I'm reading it wrong, and that Berkeley will seek to impose disciplinary measures with respect to this incident.

According to David Lat:

I emailed Dean Chemerinsky, expressed my sympathy and support for him and Professor Fisk, and asked whether the students who disrupted his dinner might be disciplined. He wrote back, “I do not know whether discipline will be sought against the student who did this.”

I then suggested to him that he should bring disciplinary proceedings against the students; since it was his home and hospitality that were so egregiously violated, he and Professor Fisk most definitely have standing. He responded that they don’t yet know whether they will pursue discipline themselves—but if they do, it would by law be confidential within the university.

My guess is that there will be no disciplinary proceedings because (1) it is very late in the school year and the student, Malak Afaneh, is about to graduate; and (2) Erwin probably wants to put the issue behind him.

On the other hand, Afaneh may face employment consequences, depending on her post-graduation plans. A public interest job is probably safe, if she has one, but a law firm might have second thoughts about hiring her. I am not advocating consequences, but I am not a Biglaw management partner.

Posted by Steve Lubet on April 12, 2024 at 11:09 AM | Permalink

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