EFTA00812427.pdf

Mal & SPACE EARTH SCHOOL OF EXPLORATION ARIZONA STATE UNIVERSITY COLLEGE OF LIBERAL ARTS AND SCIENCES Co.aim 117144i owl. tot 115187 4 1 =1 Lawrence M. Krauss Professor, S£SE and Physics Co•Director, Cosmology Initiative October 14, 2018 Michael Crow President Arizona State University PRIVATE AND CONFIDENTIAL Dear Michael I am writing to inform you ofmy decision to retire from my position as Professor in the School of Earth and Space Exploration and Physics Department at ASU at the end of this academic year, May 16, 2019. Following my retirement I will take advantage of all standard retirement benefits. As this retirement may be my last opportunity to correspond with you before I retire, I want to relate to you my thoughts and perceptions following my decade at the University. I am frankly outraged, but my purpose here is not to disparage the institution or anyone in it, or simply to vent. During the past year, no one in the University administration has asked for feedback on my experience. This is perhaps my sole opportunity to do so and I hope that my reflections will encourage actions that can positively impact on the ASU's future and help better safeguard the University and its community. I recognize that because of my high public profile, the current climate, and the significant publicity, the University was under great pressure to ensure that my case reached a pre-ordained conclusion, independent of the evidence, or, in my case the lack of evidence. A concerted effort by a group of individuals to impugn my integrity was met with University violations of due process, ignoring evidence, extreme bias, distortions, violation of ABOR regulations, hostile actions, and an Office of Equity and Inclusion which is out of control, that your administration supported. This sets a precedent that must not be repeated, for the well being of everyone at ASU. Someone with integrity needed to oversee this process, and you certainly didn't seem to do that. You brought me here to create and lead the Origins Project and create and help lead a new cosmology initiative, recruit world-renowned faculty, and create new research and teaching programs, and I am quite proud of what we accomplished. Over the past decade the most talented and influential scientists and scholars in the world have graced our campus in dozens of transdisciplinary workshops and associated events that broke new ground for higher education. Origins public programs have been witnessed by literally millions of people, and exciting new research and teaching programs have been created in Origins and in Physics and SESE, and new high quality students have been recruited and exposed to truly transformational foundational concepts. In the process, the international academic profile and distinction of ASU was significantly raised. But the University has been willing to throw most of this away merely to cater to appearances during a time of neo-puritan moral panic. You know that not a single one of my students, no staff in EFTA00812427 any ofmy academic departments, none ofmy faculty colleagues, none ofmy postdoctoral researchers, and not a single participant in a host of Origins events over the past decades has complained to the University about my behavior, my teaching, or my research. Quite the contrary. Most important, you also know me. You have witnessed my behavior, and know that I am not the person being painted by the press and the OEI, The OEI twice investigated a ludicrous claim that has been dismissed by other institutions. A Commented ()Di]: I think going back into the Mail< weeren-en-a-vearlettaelainte,-I-teue4recl-fier-breast-ef.anether-weman-defing-a,s.etlie-phetegrapli-a4-a isn't useful ex what you want to do with this letter, and it will make him pay less attention to the parts that will be new to private-atheist-reseptien-in-Melbetiroe4-1414Ve-takell-literatly-teRtref-theesende-efeellies-Nvith-faes-ever Mm. the-pest-deeederwithoui-a-single-ether-eomplaintrThe-individeal-wite-wes-allegedly-toneited-refused-to Justin Dillon 2015.10-14 21:24.00 Ftle-e-eomplaint-rreftraed-tetruggest-site-Wets`trYittiltIttftEPeAtert-final4y-eentaeted-brGra-reftrAedie divelge-her-idestits,4--The-eomplainant-her,-been-shewn-kbhave4iedebeet4ey-fastsr anri-the-key-bi4-ef phetegmphie-evideeee-sier-pfeSORted44Ifffs-Otit-H0440-suppect4rer-elaim-atefirSittlaas-since,gaireed that-the-entretherelleged-witn...4.4 ;..te.viewed-by-tite0E1-wes-not-a-witricaa at alinAnd-inerilerto justify-eveneeneider-ing-this-neeseneerfier-Usiversiefrmatios-the-WdieFees-elaim4liat-nweittanee-at ibierevest-was-suppeneriewil-epesseped-by-ASUaM4en-.VeMe-efeyy-reenti-teip4cavel-between-the-Uoite421 Stateserularistralia4M*140-the-eeent-wa#supperted-by-the-Ltnivee:ity-and-my4retel-expenseseed loetliratisporiation-were-paid-by-theorganim*—The-University-ditIpay-forterfolteny-travel-to-lenve thai-locatieo-dwing-my-wip-and-ge-te-Canberfarwkere-yeu-keev.4ealaberate-witit-selleagueti-atatt, Stremle-gbfeephlierlyrAa441,0-Univer ed-Fneal-exterises-tiorieg-this-time-40.4i4e-in Melbenme-I-seuki-kww-the-eventz-tHeet-sellectues-at-the-University-ther4rand-alt*-tiat-and-wor4-in-my hotek—This-wes-es-meelte-University-event-es-my-going-to-a-restaurarg-withirry-wife-during-the-term; Whefl-Flie-UniVer-Sity-is-paying-meAffd-tAnd amazingly, he-kisker-iS-firat-the Provost specifically said toe me that everything I do, anywhere I do it, represents the University because I have a public profile. So the University can police anything I do and anywhere I do it. If the faculty at the University found out that if they achieve sufficient prominence they suddenly become vulnerable to indiscriminate University investigation of any claim by anyone, anywhere, no matter how ludicrous, you won't have many prominent faculty left. When it became clear to BuzzFeed during their trolling that the University would be unlikely to take any serious action unless they found someone to complain inside the University, they found disgruntled former staff of Origins to make a combination of ludicrous, and demonstrably false, claims, which OEI entertained with out an ounce of skepticism or logic. After deciding we would run an event to explore the science of transgender issues at the same time as the bathroom debacle in North Carolina, I am labeled as gender-biased? Why? Because at some point during our preparations I bring to my staff's attention a New York Times magazine spread on transgender couples and I point out that transgender people can be extremely attractive! alAten-pmising4-transgerider-speake th-v+hern4 Commented [JDZI: Alsocu0ing here to make it less a relitigation of the mot. developede-highly-respeetful-relatiort+Itip-dui4-uo. -venee-afier-stie-pushes-the 'Abe of the-envelope Justin Dillon 2018.10.14 2I:25:00 tmisekke-thifth-eetiikile4ire-bex-earil-speak-aarl-debate-respeetratly-Elerieg-eur-greup-meetingsrleagh-ia,s dcac tha speaker latar whan I tell hat tha joke I said about her), but somahow that is also taken as harassing'?—When during a staff lunch we are talking visual drawing illusions I demonstrate the only one I could produce which I say was a silly trick using set of sketches learned to draw in grade school. transforming a box into a book into a music stand into a light bulb, into the figure below, and I am accused of distributing "inherently sexual" drawings? Come on. EFTA00812428  SCHOOL OF EARTH COLLEGE OF LIBERAL ARTS co. 144A /171404 & SPACE EXPLORATION AND SCIENCES A/. x5`871404 ARIZONA STATE UNIVERSITY Lawrence M. Krauss Professor, SESE and Physics Co•Director, Cosmology Initiative 1 Then, when the same staff members describe supposed harassment of others that they observe— describing how I disrespected and poked in the chest a respected female scientist (who I recruited to come to ASU for an event, and recruited to join an another Organization I was chair of!), during one of our Origins events for example—once again the crack OEI investigator decides it is too much trouble to actually seek out the individual in question and ask them if it actually happened—until I forced the issue, leading her to discover that the purported victim did, in fact. say it never happened. And even after at the investigators, who appear to have been trained to always believe accusers. deeide there-is-ito-reesonsaw no mason to question the credibility of other ludicrous claims made by the same indiyidealdisgruntled former employee. Commented 0D3]: I forget who this was- but anyway. the point is to distinguish the accuser from the woman whose cheM you allegedly poked. No instances of unwanted touching or; inappropriate sexual propositions—r in short, nothing that Justin Dillon smacks of harassment at all at the University! But apparently gently addressing the attire ofa student 2018.10.14 21:28.14 intern who is inappropriate dressed at an Origins event, and who went on to worked for Originsfor a year later-without incident was viewed as an example of severe and pernicious, when such a conclusion was necessary for a process where guilt appeared to be pre-ordained. Both the Dean and General Counsel were made aware of BuzzFeed's claims during their five4 month period of trolling, and in a private meeting in December they recognized what they were—; unsubstantiated smear tactics involving unsubstantiated, dubious, and sometimes otherwise innocuous allegations. But in this new world, the same Dean now has decided that the same set of ludicrous, false, trivial, and unsupported claims are sufficiently severe and pervasive to warrant dismissal? It is a sad situation when Universities abandon reason, evidence, honesty, and due process in favor of a public show. And that is the saddest and perhaps most disgusting aspect of the charade the University describes as an 'investigation' followed by a 'determination'. Accusations are shielded and evidence is withheld from the accused. Others and I were badgered with Inappropriate and hostile questions, and I was only provided with the detailed accusations and evidence after the Investigator had drawn her conclusions and completed her investigation. And these conclusions could not be appealed! And-Plus even after I provided new exculpatory evidence to the Provost to urge him to try and bring some sense to the process, he refuseds to reopen the investigation, or, as far as I can see, even read and understand what I presented. EFTA00812429  The violations of due process, of standards of inquiry, determination of evidence, ability to cross examine witnesses inherent in the OEI investigation sets an extremely dangerous standard, and one that I know the Federal Government and the Courts are currently investigating across the country. Allowing a single investigator free, unsupervised rein to act with impunity, and to draw conclusions that cannot later be questioned, is a recipe for disaster and injustice, and ASU will inevitably be called to task for it at some point if you do not restructure the way you handle matters like this. And then there is OE1,-Erin-Elliman. . will simply say this: you should nay careful attention to how she-rufts-that office is run-and-elfrnfeeelleS-thetitl-COSeS. I think an investigation of OEI and its leadership is required. Words that come to mind about my experience with OEI include biased. hostile. dishonest and incompetent. My due process rights were regularly violated. Often my questions weren't answered until I got a lawyer to ask them. I certainly wasn't given access to either all of the accusations or all of the evidence associated with them. I was told that OEI did not go on a 'fishing' expedition for complaints. but later documentation demonstrated that was not the case. Employees were brought in for questioning under false pretenses. Often hearsay complaints were not followed up with the people actually involved. Exculpatory evidence and testimony was often ignored. It seemed as if the role of the office was not to explore the truth or presume innocence in advance. but ginc: In-my-opinion. Erin Ellisons-thanector--44-0-E-h-is-aclisgrage-She-needs to be investigated end-possibly-sosnyndvd. If this letter can be C4IIISidtTed as an-official complaint, consider it to lee the-caserThe most generous tlescriptions of her ac s that I tan eonit. tip with include Ihe werds-blased,hostile, ion -t had to-tanplo!ral great Commented UD41: In some way.. this is the mom imancial-costbec ause Msrgnisen-often-refused-Io-evewanswer-m!,-questions-abouf-process-until dannetom pan he could .cow you and dunk of hunulf as cluvalrow for protccung her honor Porn your doparagemeM. he-contacted her. has litigated cases at Universities around the country has said he has never Justin Dillon interacted with an official that hostile and uncooperative. Routinely she lied to others and me 2018.10.14 21:3&O0 abouuthe-proces.—On one CAW-04e-assured-thather-offree- office -notrwmid-seek-iftdkittuals4o solicit-complaints about melint-inite-doormentation-hvas-provitted-afterSestigation-was completes' there is an email from January where Ms. Ellison writes to ButiFeed-tiory-andsolicit names of possible I. hirersity employees who they may have contacted. On another occasion she asked-oneolmy einnloyees-for-a-seemid-iiitervirw-in-wItich-shgclainwidstte-wottliksimplykftow unn-some-issuesAmitunteEltauslie-haficlealuwiticholie-firschnerviesys-and-then-wlien-the employee appeared for the interview-the eninkiyee was confront for 2 hours with-accusations about her behavior! When questioning me about allegations. MHO, of which I was not provided witsinche-pastesinswould-often-provide me only-part of the in-h*FilOSS4644(44k434.ping40 tripille-tfPnitati liner-V-0444I4Siiill• she did not twin-41v rue any-opportimille.S4-0-diree* question individuals-itivolsed or reach out to third parties whit might he able to invalidate-claim-. In her report she glossed over, ignored. or discounted indis ideals int I/Itssiim of events al Origins-differed-from-those-of ilw-acetwers-she chose to believe,-She never Owl anctecientimishe didn't likeringloding-heroutragetoos-fleterminatitm-that-the-pliotograoh-below-represencidon example of harassment by me. Iles role. as-she-carries it outriselearly not to explore the truth, or presume innocence. but to demonstrate guilc-She-strikes-me-as an inappropriate person to be employed-at OE1-, mogh-letalead-it, EFTA00812430  SCHOOL OF EARTH COLLEGE OF LIBERAL ARTS to. PDX 87140. 'Inn. At SSW 1404 & SPACE EXPLORATION AND SCIENCES ARIZONA STATE UNIVERSITY Lawrence M. Krauss Professor, S£SE and Physics Co•Dlrector, Cosmology initiative There are a host of other abuses experienced at the hands of the University over the past year that have served not only to help destroy my reputation, but sadly also have dismantle the legacy and impact of Origins—abuses that sometimes not only violate ABOR policies, but also free speech rights, due process rights, and common decency. as I outlinett-in-death-in-nw-enneat-ofthe-ritteisioni. litre are Commented UDS]: rye deleted thew bemuse they're just rehashing the merits, end 1 think they detract from yaw a few not directly related to O111: point. Justin Dillon 2018.10.14 21:3700 a -I was put on administrative leave at 430 pm March 60 without warning, even though an investigation had been ongoing for over 3 weeks which had not uncovered dangerous or disruptive behavior in any of my academic departments. ABOR 6-201 regulations imply I was supposed to be able to confront allegations before such a leave is imposed. Yet within an hour the University had sent out a press release picked up by the New York Times and others that described the University action and effectively hung me in the court of public opinion, resulting in immediate negative actions by other organizations I am associated with. ABOR 6-201 states that even in the case of emergency, when the President can impose such a leave, the individual involved must be allowed to confront allegations within 15 days. That never happened. _h -With consulting me or my staff, the Origins 10th anniversary celebration events, planned for April, were cancelled. My staff was well aware of the brewing BuzzFeed smear campaign, and we had arranged contingency plans for all events so I would not be involved. But no one at the University ever asked about these before unilaterally cancelling the events, and disinvited over 65 prominent academics and celebrities were had arranged to attend the events, none of whom had cancelled because of the BuzzFeed story. More tragic still-was the fact that the planned event for B Nobel Laureates to speak to a group of over 1000 inner-city students at North High School—an event that surely would have changed some lives for the better—was summarily cancelled by the University whenaUniversity-sancetledalone with the celebration, even though my staff 5 EFTA00812431  had previously communicated with North High about the potential problem, and had indicated that I would not moderate the event, and as I understand it that was acceptable to North High. So much for any alleged effort for ASU to reach out to otherwise underserved populations. -Aw150-14UGh-f0f-the-havd-wark-of-a-stal44.1-7-iunecent-peeple-who-hacl-devotecl-a-year-of their-kfe-reprotiusing-sumething-wenderful-fer--AS.Ur the-greater-PheenUi-cemmunityr and the-wer-I4, c_-The violations of due process that began with the imposition of administrative leave took on new depth with the ORI invertigation at I have described, and continued after the OEI investigation it was completed. That I-Warailat-givewassess-te-acc-usatieus-and and cases-was-net-teld-the-ideutity-ef-wituessesr and-I could not appeal its conclusions was something that Stalin would have been proud of, but is disgusting40-see-ininannronriate for an institution that is supposed to herald free speech, mutual respect and enlightenment. -,6A-e*epy-scage-ef-interectieuThroughout the process the University created a hostile adversarial environment and exerted undue, unfair, and illegal pressure on others and myself. Just last week your office gave me 2 hours to come to contractual agreement with the University lawyers on a Conciliation agreement, even though the recommendation of the Conciliation committee was-seat-to-you-a-week-earlter-auelwere not forwarded to me until the day before this outrageous-request, and the content of their recommendations was not reflected in the details of the ro osed agreement-and-moreove-that-l-was required u seut-to-mork-was-ahuos-t-6-pmet-he-gas-t-Coastr where-my-laveyes-residess Even thoueh it was atter business hours on the East Coast. I was able to reach my lawver-Happ*I was-able-te-reach4WHI-.4141-he-comaeted-the-Uftivepsity who then -lawyer-aati-ilemanded a legitimate contractual completed d. _e -Gender bias was frequent. None of the supporting statements provided by any of my male colleagues who were intimately familiar with the workings and atmosphere of Origins were included in the University determination regarding the allegations investigated by OEI. It was claimed I was sexist when I described to my staff the historically accurate fact that the movement for gay and lesbian rights really took on momentum in NYC when gay men began to publicly protest And so on. -Dooble-srarulaufsAVOU-1-aptsliort—I-v.-as-heM-aerooatabie-for-rast-reportios-apparem-harassinera about-which-I-was-unaware. Mearushi-le-a-complainatu-whoolaimed-that-sht.t-harl-heard-aboutoppareut harassment-by-toe 8-years earlier-la-claim-that-lateritioted out to be false}-was-tsta-held similarly Moreover. -iln an action remiscent of 1984, the University has erased all evidence that the Origins Project ever happened on its web pages. What makes this particularly tragic is that the Project had built up a remarkable storehouse of material of great interest and relevance for researchers, students, teachers, and the general public on its website. All these with the resources that should be available for students, educators, and the general public, are now absent on the University site. Why? I assume it 6 EFTA00812432 Alai & SPACE EARTH ARIZONA SCHOOL OF EXPLORATION STATE UNIVERSITY COLLEGE OF LIBERAL ARTS AND SCIENCES co.BOX S714O4 rk...m. AL sfla: l 41, Lawrence M. Krauss Professor, S£SE and Physics Co•Director, Cosmology Initiative because my presence infused much of the material. Shame on you for deciding that public image is more important than substance and benefit for the community. -Finally, throughout this process, I maintained confidentiality, as requested, even though it was incredibly difficult not to speak about what I felt to be outrageous and inappropriate goings on at the University. Yet the University showed no such restraint. Indeed, when it suited them, and when that ultimately helped irredeemably destroy my reputation, or compromise the possibility of unbiased conclusions, the University chose to speak to the press about the process or leak information about the process. Indeed, just last week in the midst of the Conciliation process, for reasons known only to yourself, you yourself chose to inform the State Press that the Dean had requested my dismissal in July. I do not see how that is at all consistent with In-se-doing-yoo-onnece&saritnompromised-the Conciliation process, and it further damaged my reputation. During the past year, the-tmisosity,anit-yea,liayeASU has passed up numerous opportunities to behave responsibly, humanely, and fairly towards me, with no apparent interest in protecting my rights or my dignity. --Your-offiee-has-providetHittle-er-ne-leadershipio-enhnite-ainst-and-fair-proeeta. : Reflect for a moment on how you would wish yourself and your family to be treated in similar circumstances, or how all other University employees would want to be treated, and how ASU's policies should be reshaped to protect them. If faculty at ASU find that innuendo and unsubstantiated allegations are sufficient to destroy their academic careers at the University they will think twice about remaining. If students and parents learn that the OEI functions as a kangaroo court, they may choose to go elsewhere. It-is-enfettunate-that-thiltletterhas-had-to-be-haralt-but-l-think-it-is-truiltfull have not meant to be unduly harsh, but rather truthful—to tell you, someone I have known for years, how this process affected me and how I think it needs to be changed going forward. -Its-hacslinessMv tone stands in reverse measure to the pride I felt in my relationship with the University and its senior administration before this year. Even as I reflect on all we have done here, and a decade over which I can look back and feel proud to have been an active part of the ASU community, working with integrity and dedication that have now both been so viciously questioned and disparaged, is it any wonder I now feel it would be unsafe for me to continue my active teaching, research and service activities on campus- at this pointimist-the-enti-ef-this par? Commented UD6]: Technically. you can't do any of those things matting as mon as you sign this. hence this edit. login Dillon Thank you in advance for accepting my retirement request, and for carefully considering the issues 2018.10.14 21:42:00 I have raised here, with the goal of ensuring a better future for the University community. Sincerely, EFTA00812433 Lawrence M.[Gauss 8 EFTA00812434