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OCC professor cleared of students’ charges

Deirdre Newman

OCC CAMPUS -- A professor who was abruptly yanked from the classroom

after being accused of harassing Muslim students in September learned

Tuesday he would be able to resume teaching here in January now that he

has been cleared by college administrators.

A report conducted by the independent counsel of the Orange County

Department of Education concluded that the main allegations against

political science professor Kenneth Hearlson are “unsubstantiated,”

Orange Coast College officials announced Tuesday.

But Hearlson’s excitement about his vindication was tinged with

disappointment over a letter from the college president that he believes

is a “reprimand.” The letter was given directly to Hearlson by college

President Margaret Gratton, who characterized it as a confidential

personnel letter.

“It’s like being proven innocent and still being punished for it,”

said Hearlson, 57, of Costa Mesa.Hearlson was put on paid administrative

leave after mainly being accused of calling a Muslim student a terrorist

in a Sept. 18 class and saying he bombed the World Trade Center.

While the administration is satisfied that the report brings closure

to the case, its repercussions are just beginning to be felt. Hearlson’s

lawyer is considering future litigation against the college, a

representative of the teachers union has vowed to file three grievances

on his behalf, and a national academic watchdog group is promising to

continue applying pressure, which it has exerted on the school for the

way it handled the case.

“The Foundation for Individual Rights in Education will not rest until

the college admits it violated the most elemental notions of due process

and freedom of speech,” said Thor Halvorssen, the group’s executive

director. “They ruined the reputation of a professor, and now they want

to play nice and think it’s all over. This is only the beginning.”

The Muslim students who had called for Hearlson’s firing were not

available for comment. But a representative of the Southern California

chapter of the Council on American-Islamic Relations said they felt

“pretty good” about the results.

“I think a balance of communication, civil liberty and freedom of

speech was achieved,” said Ra’id Faraj, who sat in on the meetings when

the Muslim students were apprised of the college’s decision.

The controversy stems from a Sept. 18 lecture that prompted four

Muslim students to accuse Hearlson of making racially inflammatory

comments about Muslims and Arabs. Only two of those students filed

written complaints with the administration.

After the controversial class, Hearlson grew concerned about his own

safety upon receiving a death threat and agreed to take a short paid

leave. But his efforts to return to the classroom were stymied by the

administration, which wanted to complete the investigation first.

The county investigation mainly focused on interviews with 19

students, three district administrators and Hearlson, as well as three

transcripts of class tapes.

While the report showed most of the allegations were unsubstantiated,

it did support one in which Hearlson discussed the issue of Muslims

encouraging slavery and the rape of women in the Sudan.

During his suspension, the Coast Federation of Educators adamantly

supported Hearlson and tried to get him reinstated to no avail.

President Kristina Bruning said the administration’s actions are

hypocritical for allowing Hearlson to return to the classroom while

slapping him with a personnel letter.

“On one hand, they giveth, on the other hand, they taketh,” Bruning

said.

She said the union will file three grievances on Hearlson’s behalf --

one against the alleged letter of reprimand, one over the issue of

academic freedom and one blaming the administration for interfering with

Hearlson’s classroom management.

While the Muslim students involved didn’t discuss the district’s

decision, Jameelah Shukri, the president of the Muslim Student Assn.,

said she would like to see the administration make more of an effort to

let teachers know what is acceptable and what is not.

“The administration should issue a pamphlet and have a teach-in to let

teachers know that if they have certain ideas they know will incite, they

should keep it to themselves,” she said.

One teacher has already taken it upon himself to craft a set of

guidelines with the hope of drawing the line between provocative teaching

and abusive behavior.

Gary Hoffman, co-chairman of the English department, said it’s

important to maintain the freedom of expression the college has placed a

high priority on in the past.

“What’s really sad about this is, and what’s lost in this all is that

Orange Coast College is a great place for academic freedom,” Hoffman

said. “I think you can go in and throw out any political philosophy as

long as you don’t lose your temper.”

Hearlson continues to contemplate the contradictions inherent in the

case.

“It’s kind of ironic that the students falsified information, filed a

grievance against me, I get investigated, I’m the guilty party, I get

reprimanded. Go figure,” he said.

* Deirdre Newman covers education. She may be reached at (949)

574-4221 or by e-mail at o7 [email protected] .

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