A University of Colorado philosophy professor who was banished from the Boulder campus this spring is seeking $2 million in damages from the university.

Associate professor Dan Kaufman has filed four notices of claim, a step required by Colorado law for anyone seeking to sue a public entity, and alleges that he has suffered discrimination and retaliation under the Americans with Disabilities Act. He is also claiming defamation, slander and intentional infliction of emotional distress by the university, among other claims.

The university banished Kaufman from campus for more than two months this spring, and reinstated him after he was evaluated by a violence expert.

Under the Colorado Open Records Act, the Daily Camera obtained redacted versions of the four notices of claim filed by Kaufman’s Lakewood-based attorney, Seth Benezra.

Patrick O’Rourke, CU’s chief legal officer, said he redacted the documents heavily to protect Kaufman’s medical and personnel information.

The most recent notice of claim, filed Aug. 6, names Provost Russ Moore, College of Arts and Sciences Dean Steven Leigh, philosophy chairman Andy Cowell, and CU spokesman Bronson Hilliard as employees involved in Kaufman’s injury.

Kaufman is seeking damages for lost future employment opportunities, severe emotional distress and attorney costs. Kaufman and his attorney declined to comment for this story.

‘We will defend the lawsuit if it gets filed’

O’Rourke said there are currently no discussions of a settlement agreement with Kaufman.

“We believe that the university has acted appropriately and we will defend the lawsuit if it gets filed,” O’Rourke said Friday.

In early March, undergraduate students in his introductory philosophy class said they watched campus police escort Kaufman out of the building.

The state and local chapters of the American Association of University Professors claimed that Kaufman was suspended and barred from campus for a joke he made about suicide. That group also alleges that six police officers were involved the day Kaufman was suspended.

Philosophy faculty members were notified by email that they should call police if they saw Kaufman on the campus.

The campus exclusion order was lifted more than two months later on May 20 after he was evaluated by John Nicoletti, a national expert in school and workplace violence who helped investigate the shootings at Columbine High School and Virginia Tech University.

According to the most recent notice of claim, Kaufman believes some university actions violated his rights under the Americans with Disabilities Act and another federal law that prohibits discrimination against those with disabilities.

“An employer violates the ADA when it subjects a disabled employee to an adverse action, a change in the terms and conditions of employment or a hostile work environment based on his or her disability,” according to the notice of claim.

Allegation: CU gave private personnel information to students

In the notice of claim, Kaufman argues against the idea that he posed a significant risk or direct threat to the university at any time. It appears also that Kaufman feels he was discriminated against by the university’s requirement that he undergo a violence threat assessment by Nicoletti.

In the notice of claim, Kaufman’s attorney writes that examinations should only assess an employee’s fitness for work, and should be requested only if there is a question about whether the employee is capable of performing his job.

The notice of claim also alleges that CU gave private personnel information to students and set behavioral expectations for the tenured professor, which he considers discrimination and retaliation.

The document also references an Aug. 1 Daily Camera story describing Kaufman’s assessment by Nicoletti. Kaufman alleges that in that story, CU spokesman Bronson Hilliard made false and damaging statements.

Though it’s unclear which statements Kaufman refers to because of redactions, Hilliard is quoted in that story as saying that universities must ensure the safety of their communities “in the post-Virginia Tech era” and “in the shadow of the Aurora theater shootings.”

Kaufman filed in early May a complaint against the university with the Equal Employment Opportunity Commission, according to the notice of claim. Kaufman’s charge of disability discrimination and retaliation is not a public record, according to EEOC officials.

Kaufman cannot sue the university for discrimination based on a disability until the EEOC provides him with a notice of right to sue. If he receives that notice, Kaufman has 90 days to file suit.

Contact Camera Staff Writer Sarah Kuta at 303-473-1106 or kutas@dailycamera.com