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Case Law School Dean Lawrence Mitchell

(Case Western Reserve University)

CLEVELAND, Ohio -- Case Western Reserve Law Professor Raymond Ku filed a lawsuit today against Law School Dean Lawrence Mitchell and the university alleging that he reported that Mitchell had potentially sexually harassed a woman and suffered retaliation.

Ku, a former associate dean at the law school, reported in 2011 potential instances of Mitchell harassing law school faculty and staff, according to the civil law suit filed in Cuyahoga County Common Pleas Court. (See the full complaint in the document viewer below.)

University officials responded to the lawsuit this afternoon with the following statement:

Case Law Professor Raymond Ku

"This situation is categorically not an instance of retaliation. Professor Ku continues to hold a full-time, tenured faculty position at the School of Law. The lawsuit itself includes inaccuracies, as well as an inflammatory flier that has been found to be materially false. The university will have additional comment upon more thorough review of the suit and opposing counsel's press release."

In the suit, Ku alleges that he made reports to the university's provost, vice president for diversity and faculty diversity officer.

Ku said he personally witnessed Mitchell caressing a female staff member at a party and was made aware of allegations by other women at the university that Mitchell had made inappropriate comments to others.

The issue of Mitchell's sexual conduct also came up at a January 2012 City Club event, according to the suit, when flyers were passed out with questions about Mitchell's alleged relationships with female students, and an alleged comment to staff that one graduate student "wasn't good for anything but keeping the bed warm."

According to the suit, Mitchell threatened to fire Ku – a tenured professor since 2003 – and stripped him of many duties as an associate dean and later his co-directorship of the Center for Law, Technology & the Arts. He also reduced his pay, according to the suit.

Mitchell could not be reached by phone or email for comment Wednesday.

The suit also alleges that the university was aware of prior concerns about potential sexual misconduct by Mitchell during his time at George Washington University, including a reported relationship with a law student. He was hired by Case in 2011 after an extended search for a new law school dean.

The suit details various people in positions of leadership at Case that Ku and his attorneys say he reported the concerns to, including a formal complaint he filed.

Another staff member who reported to Provost W.A. Baeslack that Mitchell was having a sexual relationship with a Case law student was reassigned and later laid off, according to the suit.

Attorney Subodh Chandra, whose firm is representing Ku, said Mitchell continued to retaliate against Professor Ku, even after the university's Chief Litigation counsel met with law school faculty and staff, warning them to follow the university's sexual harassment reporting policy.

"Professor Ku paid a high price for doing what was both required and right—standing up for victims at great personal risk and reporting to senior university officials Dean Mitchell's potential harassment," Chandra said. "But retaliation is illegal and a law-school dean should know he is not above the law."

Chandra questioned now whether Case would continue to back Mitchell. " The only question now is whether Case will continue to back Mitchell or "live up to its own policies and ideals for the sake of its students, staff, and faculty."

Case spokesman William Lubinger also provided a statement from B. Jessie Hill, Case Law's Associate Dean for Faculty Development and Research.

"Dean Mitchell has worked to increase diversity and equity since he arrived at our law school," said the emailed statement. "He has addressed historical pay disparities between male and female faculty, launched a dynamic Women's Law and Leadership Initiative, and increased the proportion of women and underrepresented minorities within our recent entering classes."

Hill was not available for an interview but her statement said she had not experienced or observed inappropriate behavior from Mitchell.

Ku's suit says that no women have joined Case's Law School faculty since Mitchell took over and several women have left from both faculty and staff positions. He also alleged that Mitchell made comments about Ku's Chinese heritage and conversion to Judaism.

Updated with response from university officials