SJSU responds to aviation lawsuit

By: Elisha Maldonado

Posted: 4/17/08

SJSU administration has filed a legal response to a lawsuit against the university - a lawsuit which seeks acquisition of a report regarding SJSU's aviation department.

The lawsuit was filed by aviation student Pam Bohner and aviation Professor Kelly Harrison.

The controversy ensued over a study paid for by the university that set out to investigate alleged problems within the aviation department, including accusations of mismanagement, incompetent professors and poor curriculum.

Bohner and Harrison sued the university to see the report that resulted from the study, which the university has withheld.

The university's response states Bohner and Harrison's lawsuit petition would violate the privacy of the former aviation department chair.

Court documents filed by Assistant Academic Vice President Robb Drury and the CSU board of trustees state that "the petition (by Bohner and Harrison) raises the issue of the delicate balance between the public's right to access records maintained by a public entity." Moreover, the administration claims, the lawsuit's request invades privacy interests of Patricia Backer, the former aviation and technology department chair.

Harrison and Bohner's petition states that Backer mismanaged the department. In addition, their documents accuse Backer of "hiring unqualified faculty." The documents also allege that Backer "shredded student records, falsified an internal report on the status of the department, changed department curriculum without following university procedures, and worked to remove qualified faculty from the department."

But the response documents say the department chairs are not considered part of university management or administration.

Neither Harrison nor Bohner were available for comment, and Backer did not return phone calls.

The response also states that the documents sought by Bohner and Harrison are "exempt from disclosure" under the "personnel exemption of the California Public Records Act" and would defy Backer's right to privacy.

Furthermore, in response to accusation, the documents say that while the department chairs "do not have direct management or supervisory authority over their fellow department members, they are responsible for supervising department office staff."

Drury said he was "unable to give any comment on any litigation process."

Brad Davis, assistant associate vice president of faculty affairs at SJSU, conducted the reports Bohner and Harrison are suing for - a report they said they believe would highlight the students' primary concerns.

Drury and the board's documents contend, however, that "Mr. Davis' investigation was solely limited to a personnel inquiry involving Backer." After his inquiry, the report continues, Davis wrote an internal confidential memo, not a report, about his finding and found accusations "were false and unfounded."