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Portland State University Office of Equity & Compliance FINAL REPORT 2011-12-16/ME-D Complainant: Respondents: Mary Eng, Student

Craig Carr, Professor of Political Science in the College of Urban & Public Affairs Danielle McGurrin, Assistant Professor of Criminology & Criminal Justice in the Mark O. Hatfield School of Government & the College of Urban and Public Affairs Crystal Roberts, Equity & Compliance Consultant, Office of Equity & Compliance Ron Tammen, Director of Mark O. Hatfield School of Government

Investigator:

Other Involved Parties:

Date of Completion:

December 16, 2011

I.

Issue A. Whether Craig Carr (hereinafter Carr), in violation of OAR 577-032-0030, discriminated against Mary Eng (hereinafter Eng) by allegedly calling Eng an alien in response to her anti-torture activism? (See Exhibit A). B. Whether Danielle McGurrin (hereinafter McGurrin), in violation of OAR 577-0320030, discriminated against Eng by calling Engs activism aggressive and strident? (See Exhibit A). C. Whether McGurrin, in violation of OAR 577-032-0030, discriminated against Eng by allegedly suggesting that Engs letters regarding Condoleezza Rice being invited by Portland State University Foundation to guest lecture displayed mental illness or would be perceived as crazy? (See Exhibit A).

II.

Relevant Facts A. Mary Eng, student identification number 922406826, Eng is a student at Portland State University. B. Craig Carr is a Professor of Political Science in the College of Urban & Public Affairs. 1

C. Eng was enrolled in International Law with Professor David Kinsella on Monday, Wednesday, and Friday from 12:45PM-1:30PM during Fall 2011. (See Exhibit F). D. Danielle McGurrin is an Assistant Professor in the Division of Criminology and Criminal Justice in the Hatfield School of Government and the College of Urban and Public Affairs. E. Professor McGurrin taught a course at PSU called White Collar Crime on Tuesday and Thursday from 2:00PM 3:50PM during Fall 2011. (See Exhibit F). F. Eng was enrolled in White Collar Crimes in Fall 2011 taught by McGurrin. (See Exhibit F). III. Summary

On October 28, 2011, Eng sent to the Office of Equity & Compliance alleging that she felt harassed by two PSU professors regarding what Eng calls her anti-torture activism. (See Exhibit A). The investigation of these allegations included interview of the following: 1. Mary Eng, Student (pending) 2. Danielle McGurrin, Respondent The investigation of these allegations also included the review of the following documentation: 1. 2. 3. 4. Emails from Complainant Eng Blog , called the real psu submitted as supporting documentation by Eng Supporting documentation from Respondent McGurrin White Collar Crime course syllabus

III. Analysis Allegation 1: Eng alleged that Carr harassed her when he called her an alien in response to her anti-torture activism. This allegation is not an allegation of prohibited discrimination or unlawful harassment; as such the Office of Equity & Compliance referred this to Carrs supervisor for appropriate follow up. Allegation 2: Eng alleged that McGurrin condemned her when she called her activism aggressive and strident. McGurrin does not deny that she told Mary that her actions might be seen as strident and aggressive, but says that she thought she was giving traditional and standard advice about how to engage in academic and community outreach. (See Exhibit C). See Exhibit C for a more detailed response. However, this allegation is not an allegation of prohibited discrimination or unlawful harassment. Allegation 3: Eng alleged that McGurrin suggested that fifty percent of the White Collar Crimes class is mentally ill. 2

McGurrin denied this allegation stating, No, I never suggested, intimated, or otherwise stated that any of my students or classes was mentally ill. (See Exhibit C). See Exhibit C for a more detailed response. Allegation 4: Eng alleged that McGurrin suggested that Engs letters regarding Condoleezza Rice being invited by Portland State University Foundation to guest lecture displayed mental illness or would be perceived as crazy. McGurrin denied this allegation, responding I have never called Mary Eng crazy, nor would I ever say to a student that I thought she or he was mentally ill. (See Exhibit C). See Exhibit C for a more detailed response.

VI.

Conclusion and Recommendations

The Portland State University Office of Equity and Compliance investigates claims of prohibited discrimination, including unlawful harassment, and retaliation. In our assessment of whether or not Carr and/or McGurrin discriminated against Eng, we considered PSUs anti-discrimination policy as codified in Oregon Administrative Rule (OAR) 577-032-0030, which states: No Person shall be subjected to prohibited discrimination in any of Portland State Universitys education programs or services, school or interschool activities. Those include but are not limited to admissions, recruitment, access to course offerings, counseling, use of facilities, financial assistance, employment assistance, health and insurance benefits and services, and athletics. (See Exhibit G). More specifically, the Office of Equity & Compliance used the definition of harassment as codified in OAR 577-032-0020, which states: Other prohibited harassment means verbal or physical conduct by an individual based on an individual's age, disability, national origin, race, marital status, religion or sexual orientation when such conduct interferes with the work or academic performance of the individual who is the object of the conduct because it has created an intimidating, hostile or offensive working or academic environment for the individual and a reasonable person of the individual's age, disability, national origin, race, marital status, religion or sexual orientation would have been affected similarly to the individual. (See Exhibit G) The Office of Equity & Compliance does not find that there was sufficient evidence to substantiate an allegation that Carr harassed Eng by allegedly calling her an alien because Eng herself alleges that Carr purportedly made the statement because of what she called anti-torture 3

activism not because of protected class status. However, the Office of Equity & Compliance referred the matter to Ron Tammen, the Director of the Mark O. Hatfield School of Government and Carrs supervisor, for appropriate follow up. (See Exhibit E). The Office of Equity & Compliance does not find that there was sufficient evidence to substantiate the allegation that McGurrin discriminated against Eng by referring to Engs activism as strident and aggressive, because by Engs own allegation the statement was not based on protected class status; rather Eng believes the statement was made in response to what she calls her anti-torture activism. The Office of Equity & Compliance does not find that there was sufficient evidence to substantiate the allegation that McGurrin discriminated against Eng by suggesting that fifty percent of the class is mentally ill because McGurrin denies making the statement. The Office of Equity & Compliance does not find that there was sufficient evidence to substantiate the allegation that McGurrin discriminated against Eng by allegedly suggesting that Engs letters regarding Condolezza Rice being invited by Portland State University Foundation to guest lecture displayed mental illness or would be perceived as crazy is based on an individuals protected class status because McGurrin denies making the statement.

EXHIBITS Table of Contents

Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G:

Effective Notice of Complaint: Email from Eng to Cohn Eng Supporting Documents (emails & the real PSU blog) Respondent McGurrin Initial Interview Notes Respondent McGurrin Supporting Documents Email correspondence from Ron Tammen, Director of Hatfield School of Government Engs Fall 2011 Schedule Oregon Administrative Rules: Oregon University System, Portland State University-Division 32: Discrimination

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