Graham Fleming Says Charges of Harassment Against Him by Fired Employee Were False, Then Mishandled by University Office of the President in Bungled Investigation.
In Berkeley, Fleming, expressing both his admiration for and his deep disappointment with the University of California at Berkeley, resigned his position as Vice Chancellor for Research following a deeply flawed University of California Office of the President (UCOP) investigation into allegations made against him by former UC Berkeley employee Diane Leite.
Fleming, one of the most successful Vice Chancellors for Research in UC-Berkeley history, resigned under protest. He strongly denies the charges of harassment made by Leite, as well as allegations by the University that he failed to disclose a conflict of interest because of his close relationship with her—even though he was ultimately responsible for her dismissal. He will return to his tenured role as a professor of chemistry.
“I resign under protest, with profound objections to and great personal disappointment in the investigation into those allegations,” Fleming said in his resignation letter to Chancellor Nicholas B. Dirks. “This process violated fundamental principles of due process and fairness, and resulted in a report riddled with inconsistencies, mischaracterization of the facts, and distortion of witness statements, as well as the selective omission of relevant information.”
Fleming’s legal counsel provided evidence to UCOP, including sworn declarations from respected members of the University and business communities, that demonstrated that the findings against him were not supported, and that the investigation was biased. Fleming’s counsel unsuccessfully sought retraction of the investigation report. Efforts to obtain an independent and unbiased review of the investigation process and all the evidence were summarily rejected by University officials. An urgent letter to UC General Counsel and Vice President-Legal Affairs Charles F. Robinson, sent on April 6 and requesting his immediate intervention in this matter, went un-responded to.
“Because I was not afforded due process by UCOP, and because there is no independent mechanism to appeal a biased and unjust report, there is no way for me to clear my name. I am concerned that my professional and personal reputations have been irreparably damaged,” Fleming said. Despite the flawed investigation and its unsupported conclusions, Fleming continues to have positive feelings about the University he has served with distinction for the past 18 years. “I still strongly believe in the University and its mission….I remain committed to serve the University, its students, and faculty, and to continue to build and enhance this great institution for future generations,” Fleming said.
“Unfortunately, given the current climate around issues of sexual harassment on college campuses, the rights of the accused are often lost in the rush to judgment, with devastating impact,” said Sam Singer, Fleming’s spokesman. With no way to fight or appeal the findings, Fleming had no choice but to resign.
Singer said UCOP began its investigation of Fleming in 2014, after ex-University Assistant Vice Chancellor Diane Leite made a series of inflammatory allegations, long after her termination, claiming sexual harassment by Fleming—charges that were never made at any time during her employment, or even at the time of her firing in May of 2012. Given the circumstances, Fleming believes that Leite made these charges against him because he did not protect her job after she was involved in a pay hike scandal benefitting her subordinate, with whom she had had a sexual relationship.
Fleming notes that he and Leite had a long-standing and affectionate friendship, as well as a close professional partnership at Berkeley, for almost 11 years. While Fleming acknowledges that their relationship was occasionally flirtatious and familiar, both he and Leite agree that at no time were the two ever sexually or romantically involved.
Fleming maintains that he was nothing more than supportive of Leite, and that she never gave him any indication that any of his actions toward her were unwelcome. In fact, Leite did not even raise any issue of alleged sexual harassment until well after her firing, Singer said.
“The allegations of harassment are not true,” Fleming said. “I am hurt and disappointed that Diane Leite has fabricated these charges to harm me and the University. She wanted me to protect her job after the details of her affair became public. I ultimately had to terminate her, once it became clear that she had lost the confidence of many in the University community.
Fleming noted that during the course of his 35 year career mentoring, teaching, and working with women, this is the first and only complaint of alleged improper conduct he has ever received.
Fleming also vehemently denied the UCOP finding that he had a “conflict of interest” and that he improperly tried to protect Leite’s job during the investigation into her conduct. He noted that he acted in full accordance with UC procedures, and with the guidance and at the direction of University counsel. He did not protect Leite and, in fact, he ultimately made and carried out the decision to terminate her. Leite herself admitted that Fleming never promised or gave her any favors and never made any threats to her.
“The University has made egregious errors in its handling of my case, but there is no internal procedure for me to appeal this unjust decision, and no way to clear my name,” said Fleming. “At this point, I have not ruled out legal action.”
The allegations by Leite against Fleming are suspect as she never made them at the time of her firing in 2012. Fleming was not even told of these charges until May of 2014– two years after Leite had been fired– even though her allegations went back to 2008, Singer said.
“These facts alone should have given the University pause in evaluating the merits of Leite’s allegations,” Singer said. Rather than undertake an independent and unbiased review of all the relevant facts as required by its own policies and procedures, the University found against Fleming with no due process, said Singer.
Zennie Abraham | Zennie Abraham or “Zennie62” is the founder of Zennie62Media which consists of zennie62blog.com and a multimedia blog news aggregator and video network, and 78-blog network, with social media and content development services and consulting. Zennie is a pioneer video blogger, YouTube Partner, social media practitioner, game developer, and pundit. Note: news aggregator content does not reflect the personal views of Mr. Abraham.