A Muslim student employee at William Paterson University in New Jersey who privately objected to the showing of a lesbian-related film on campus has been cleared of sexual harassment charges.
Jihad Daniel's troubles began March 7 when he received an unsolicited e-mail from professor Arlene Holpp Scala, chairwoman of the department of women's studies, inviting him to view and discuss a film described as "a lesbian relationship story."
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Daniel, 63, responded privately in a return e-mail, requesting he not be solicited in the future with "any mail about 'Connie and Sally' and 'Adam and Steve.'"
"These are perversions," he wrote March 8. "The absence of God in higher education brings on confusion. That is why in these classes the Creator of the heavens and the earth is never mentioned."
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Two days later, Scala filed a complaint with the university's Office of Employment Equity and Diversity, accusing Daniel of violating the state university's nondiscrimination policy because his message "sound[ed] threatening." Scala said she didn't want to "feel threatened at [her] place of work when [she] send[s] out announcements about events that address lesbian issues."
The complaint was investigated by Director of Employment Equity and Diversity John I. Sims and on June 15, William Paterson President Arnold Speert wrote Daniel a letter of reprimand, stating "the investigator concluded that since the Merriam-Webster dictionary definition of 'perversion' ... is clearly a 'derogatory or demeaning' term," Daniel was found guilty – without a hearing – of violating state discrimination and harassment regulations.
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The president also wrote that the letter of reprimand would be placed in Daniel's permanent employee file.
But with the help of the Foundation for Individual Rights in Education, or FIRE, Daniel forced the public university to revoke the punishment.
"This is a great day for religious and expressive freedom on campus," said FIRE President David French. "WPU has finally come to its senses and recognized that the First Amendment's protection for expressing religious views trumps petty state or university policies."
FIRE wrote a letter July 5 to Speert, arguing state college administrators "cannot simply choose to ignore the First Amendment when it becomes inconvenient."
New Jersey Attorney General Peter C. Harvey's office replied to Daniel, contending "speech which violates a non-discrimination policy is not protected."
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Daniel appealed the finding through a union grievance process, and he faced a hearing Nov. 16, represented by Communication Workers of America Local 1031.
Yesterday, Daniel was notified that the hearing officer determined the sexual harassment charge was "not supported" and the letter would be removed from his personnel file.
The officer ruled Daniel's expression of a personal religious belief was not "harassment."
He received, however, a verbal reprimand for sending the e-mail while at work.
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"Nobody should have to go through what Mr. Daniel did merely for expressing religious beliefs in a nonviolent and non-threatening way," said French. "The harassment charge was ridiculous from the beginning, and the many attempts to pass the buck on upholding the First Amendment were deplorable."
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