Racial Discrimination Lawsuit Filed Against Hofstra Following Research Trip Dispute

BY: LEAH CHIAPPINO

(Jan. 1, 2022) — A complaint filed by Hofstra professor Dr. Timothy Daniels alleges the university “rushed to stereotypically judge and punish” him based on his race and religion after suspending his acting chairmanship of the Anthropology Department and position as an Honors College mentor.

“Daniels, one of the few Black [and Muslim] Professors at Hofstra University, was singled out for disparate treatment for student complaints about dissatisfaction with a research trip,” the complaint said. “In contrast, student complaints about White faculty are often ignored or result in no corrective action, even when the accused White professors have multiple complaints for racist or offensive behavior.”

Of Hofstra’s full-time faculty, 4.5% are Black; only three are Muslim, including Daniels. 

The ordeal began in 2019, when multiple students allegedly complained to the university about Daniels’ conduct during a research trip to Malaysia that summer. Daniels asserts he was denied a fair disciplinary hearing, as outlined by Hofstra policies, on the basis of his identity.

“While we do not typically comment on pending litigation, we can confirm that the claims in the lawsuit are unfounded, that the University appropriately followed its processes with regard to this matter and denies all allegations of discriminatory conduct,” a university spokesperson said.

Neither Daniels nor his attorney responded to multiple requests for comment. Associate Provost for Academic Support and Study Abroad Suzanne Pike declined to comment.

Prior to the filing the lawsuit, Daniels filed a Charge of Discrimination with the U.S. Federal Equal Employment Opportunity Commission in May 2020, which is generally required in order to sue for employment discrimination in federal court. The commission granted him order to sue, meaning they did not resolve the matter through meditation practices or their own investigation.

Daniels, a research trip to Malaysia June 30, 2019 with four female students. During the trip, the complaint said, one student became dissatisfied with the trip, and another became “increasingly vocal and threatening,” when she became aware that Hofstra was investigating problems within the trip. Students were not identified by name in legal documents and therefore The Clocktower was unable to seek comment. 

Around July 17, 2019, Daniels said the students took the group van without his permission and left him stranded at a shopping mall 50 miles from where they were staying. Daniels was, according to court documents, left without access to the medications he takes for his chronic illnesses. Hofstra denied this version of events in their response filed in court. 

That same day, Daniels claimed he spoke with then-Dean Benjamin Rifken, Vice Provost Terri Shapiro and a faculty union representative, where Daniels said there was no danger on the trip, but made a mention of the “threatening” comments towards him. The school’s response filed in court admits the conversation took place, but did not comment on its context. Rifken declined to be interviewed for this story. 

The following day, the complaint said, Rifken ordered Daniels not to have any contact with the students, and by July 20, then Provost Herman Berliner arranged for the students to fly home a week earlier than originally planned. The university denied Berliner coordinated flights in court documents. 

On July 23, the same day Daniels returned to the United States, the lawsuit stated the students and their parents met with Berliner to complain about the accommodations, bathrooms, exposure to insects, food, not having enough free time and lack of privacy. Court documents also say the students complained

about having to assist Daniels with driving as well comments made by Daniels that were “consistent with his Muslim faith”. They also allegedly decried having to visit “rundown” areas of Kuala Lumpur, the capital of Malaysia. The school admitted in court documents a meeting took place July 23, but denied it was to complain about the trip. 

The complaint alleged that between July 23 and Aug. 26, 2019, Hofstra began taking disciplinary action against Daniels -- all before an investigation had taken place, in contrast with university rules.

Around July 29, less than a week after Daniels’ return to the United States, the complaint said, Rifken told Daniels he would not be permitted to continue to serve as the Acting Anthropology Department Chair. 

Approximately two weeks later, the complaint said Honors College Dean Warren Frisina told Daniels that Berliner would not sign the paperwork needed to reappoint Daniels as an Honors College mentor. It was around this time Daniels was allegedly told that he was not going to be considered for the chairmanship due to the allegations, though the university denied this was said. Frisina declined to comment on this story. 

Dr. Elisabeth Ploran, the head of Hofstra’s faculty union said she was not involved in the matter. “As Dr. Daniels opted to engage private counsel instead of using the AAUP for representation; we were not privy to the disciplinary process and it would be inappropriate to comment on his case,” she said. 

The complaint further stated that Daniels met with Berliner and Rifken Aug. 26 to recount his version of what happened on the trip, and after complaining about losing the chairmanship and Honors College position, as well as learning that he may be formally disciplined. The school confirmed in court documents that this meeting took place.

The complaint alleges Berliner then filed charges with the faculty grievance committee, without disclosing a specific rule Daniels violated. Hofstra denied that Berliner failed to specify the charge, and told Daniels he would pursue charges against him. The complaint said the committee contained no faculty of color. 

Daniels said in the complaint the grievance committee denied him the right to cross-examine the complaining students, hear live testimony from all students, present rebuttal witnesses during live hearing testimony, obtain discovery from the complaining students, and refused to identify the actual rule or policy Daniels violated with “any reasonable particularity.”

At the conclusion of Daniels’ hearing, the complaint said the grievance committee recommended Daniels provide a written apology to the students who were on the trip. Berliner, according to court documents, said that he would pursue further disciplinary charges if Daniels did not comply. Daniels said in the complaint he issued an apology to the students out of fear his family would suffer financially if he did not comply. The university denied these allegations.

Daniels then said in the lawsuit he was denied the chairmanship of the anthropology department again in February 2021. The school confirmed Daniels applied for the chairmanship in court documents. The complaint also stated Daniels was denied a seat on the provost search committee by Berliner in May of 2021, to find his replacement, though the school denies this. 

Daniels has been a professor at Hofstra since 2005, having taught courses in anthropology, political science, and religion. He is co-coordinator of the Black Faculty Council and has over 20 years of research. He was granted tenure in 2011.

Cover photo courtesy of WikiCommons.