Philosophy professor David Barnett, embroiled in a rare termination battle, is seeking $2 million from the University of Colorado on the grounds that Chancellor Phil DiStefano and another professor made false and defamatory statements against him.

The university moved to fire Barnett, a tenured professor, this summer after CU paid an $825,000 settlement to a female philosophy graduate student. She claimed that Barnett retaliated against her after she reported being sexually assaulted by a former male graduate student in the department.

CU received a notice of claim from Barnett and his attorney on Monday. Any person who wishes to sue a state entity must first file such a notice.

In the document, Barnett alleges that DiStefano and philosophy professor Alison Jaggar knowingly made false and disparaging statements about him, beginning last year.

Patrick O’Rourke, CU’s chief legal officer, said if need be, the university will fight Barnett in court. He declined to address specific allegations made by Barnett.

“The chancellor believed that he had good grounds for issuing a notice of intent to dismiss and nothing that is said in the notice of claim changes that,” O’Rourke said.

Jaggar could not be reached for comment Monday.

In his notice of claim, Barnett says the statements made by CU officials have damaged his reputation; impaired his liberty, due process and free speech rights; and caused emotional and mental distress and suffering.

Barnett hinted that he will seek more money if the university eventually fires him. The dismissal process, which began on July 19, is confidential.

“. . . Those damages will increase dramatically if (CU) carries through with its threat to terminate his employment and tenure,” according to the notice of claim.

Barnett declined to be interviewed for this story.

‘Normal procedural move’

Only three tenured professors have been fired in the university’s 138-year history. All three — Ward Churchill, R. Igor Gamow and Mahinder Uberoi — took legal action against the university in connection with their firings.

“This is a normal procedural move by Barnett’s attorney,” CU’s O’Rourke said. “Whenever the university attempts to take disciplinary action against a tenured faculty member, we get accused of violating that faculty member’s rights, and it’s an effort to shift the attention away from what the faculty member did.”

To be dismissed, a tenured faculty member must demonstrate professional incompetence, neglect of duty, insubordination, conviction of a felony, sexual harassment or moral turpitude, a legal term often defined as an act that violates accepted moral standards.

At the core of CU’s attempt to fire Barnett is a 38-page report he sent to DiStefano and CU President Bruce Benson after learning that a male graduate student had been found responsible for sexually assaulting a female graduate student.

The Camera is neither identifying the woman, because she is the victim of sexual assault, nor the alleged assailant, because he wasn’t arrested.

Barnett said he was acting as a whistleblower by reporting “willful misconduct” by the office that investigated the alleged assault. Barnett and CU have declined to provide the Camera with Barnett’s 38-page report.

The woman, however, claimed that Barnett began his own investigation into the sexual assault, and talked to other members of the philosophy department about the woman’s marital history and sexual behavior.

Barnett denies these accusations.

‘Retaliatory smear campaign’

After settling with the woman and moving to fire Barnett, DiStefano released a video message to the campus that explained the situation — part of a “broader public relations strategy,” according to the notice of claim.

Barnett claims that DiStefano knew when he made the video that he would be destroying Barnett’s career and reputation.

In the notice of claim, Barnett alleges that DiStefano acted in response to recent scrutiny surrounding Title IX, the federal gender equity law that prohibits sexual assault, sexual harassment and retaliation. The U.S. Department of Education is investigating the Boulder campus, along with more than 80 other schools nationally, for potentially violating Title IX.

Barnett also claims that Jaggar, a full professor who has taught at CU since 1990, encouraged the female graduate student to pursue administrative and legal action against Barnett.

He claims that Jaggar repeatedly accused Barnett of conducting a “retaliatory smear campaign” against the woman, according to the notice of claim.

‘Lack of due process’

In the notice of claim, Barnett writes that witness testimony was omitted or misstated “in a manner more supportive of finding guilt” during the university’s investigation into the alleged sexual assault. Barnett writes that, as an example, eyewitness statements about the female graduate student’s sexual behavior on the night of the assault were omitted.

Colleges and universities rely on a “more likely than not” standard when investigating sexual misconduct.

Additionally, Barnett writes that he was found to have retaliated against the woman during a single, private conversation with a colleague.

He claims that an attorney hired by CU to investigate the matter found that interviewing witnesses and submitting the 38-page document did not constitute retaliation under Title IX.

Barnett writes that he was justified in submitting his complaint because sexual misconduct investigations are matters of “public concern.” He criticizes CU’s investigatory processes and claims that accused parties do not receive due process.

“In large part because of this lack of due process and transparency, the activities of (CU’s Office of Discrimination and Harassment) have been a matter of considerable concern among members of the CU Boulder faculty,” according to the notice of claim. “More generally, the manner in which universities investigate and discipline for allegations of sexual misconduct has been a subject of intense public interest and debate over the past few years.”

Turmoil in philosophy department

Barnett’s case arose in the midst of much-publicized turmoil within the philosophy department on the Boulder campus.

In January, the university made public an independent report that summarized sexual harassment and other unprofessional behaviors within the department.

Later, CU banished professor Dan Kaufman from campus for more than two months and reinstated him after he was assessed by a violence expert. Kaufman also is seeking $2 million in damages from the university.

The same attorney hired by CU to look into allegations against Barnett also is investigating philosophy professor Brad Monton for undisclosed reasons.

Sarah Kuta: 303-473-1106, kutas@dailycamera.com or twitter.com/sarahkuta