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URGENT - HELP PROF DHIRAJ K. PRADHAN

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Dr. Jai Maharaj

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Mar 1, 2000, 3:00:00 AM3/1/00
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URGENT - HELP PROF DHIRAJ K. PRADHAN

Forwarded message follows:

Shara Pradhan
Princeton University
67 Spelman Hall
Princeton, NJ 08544
(609) 258-7201
spra...@princeton.edu

February 26, 2000

To Whom It May Concern:

My name is Shara Pradhan. I am a junior at Princeton
University. I write this letter with a sense of great
urgency, in the hope of saving my Dad, Dr. Dhiraj K.
Pradhan, from going to jail in less than two weeks.

He was a tenured professor, world-renowned in computer
science, at Texas A&M University. Within a period of
three years he has been illegally searched, secretly
audited, suspended without due process, lied to by the
University administration, and wrongfully dismissed. He
is now facing imprisonment for up to 10 years.

My Dadís story is representative of the social injustices
that continue to be prevalent in our nation: the
violation of academic freedom of expression, racial
prejudice, and the abuse of local authority to silence an
opposing voice.

I certainly donít expect you to believe the scenario I
describe here based on my word, but I would beg you to
investigate the case. I believe you will find it worth
your time, and that the attention you may bring to my
Dadís case is almost certainly his last hope. My Dad can
be contacted at 409-690-6539.

If you would take a few moments to consider his
situation, I believe that you will find it both
disturbing and newsworthy. I have enclosed a more
detailed review of the relevant events. Also please do
not hesitate to contact me.

Thank you very much for your time and consideration.

Sincerely,

Shara Pradhan

My father, Dr. Dhiraj K. Pradhan, was hired in 1992 as
the Chair of the Computer Science Department at Texas A&M
University. Unknown to him, Texas A&M University had a
history of mistreating its professors. Until 1988 it was
one of a very small number of schools nationwide
blacklisted by the American Association of University
Professors. (Please also see the February 8th, 1998
article of the Bryan/College Station Eagle by John
Kirsc.) His first (comparatively minor) experience of
trouble was the Universityís failure to take action when
he was confronted with racial slurs and harassment within
the department.

After a few years as chair of the department, my father
realized that TAMU was applying to administrative
purposes an inappropriate proportion of the Chair
accounts, and my father learned that the school was
trying to impose a post-tenure review on all Texas
faculty. He spoke promptly to other faculty members
concerning the policies, concerned that they would
degrade the quality of academics, and went on to voice
opposition to them in what he referred to as a ìpublic
forum.î Within 24 hours of the forum (October 1996),
while my father was out of town on a trip to Washington
D.C., the University had the computer in his office
confiscated. It contained not only his own personal data
but intellectual property belonging to his students and
to colleagues with whom he was working. When he sought a
reason for the confiscation he was told it had been
removed for repairs. Meanwhile, obviously without his
knowledge, the data from the computer and his office
files were delivered to the FBI and the District
Attorney.

In November of 1996, disturbed by the length of time his
computer had been missing, my father tried to exercise
his legal right (under the Texas Open Records Request) to
obtain the real reason for its removal. The school did
not respond. Instead he received a letter from the
District Attorney informing him that the Attorneyís
office was proceeding against him with an indictment for
misallocating funds. Thus rather than bringing the
matter to my fatherís attention in order to actually
address it, TAMU immediately took it to the local
authorities in what my family believes was a gesture
designed to intimidate. He requested a meeting with the
administration several times without success. For over
two years, the University refused to divulge its grounds
for conducting the audit, which supplied the basis of the
indictment. These allegations were never made known to my
father until August 1997. At this point, he was
suspended from his tenured position, without due process
of law or any opportunity to address the allegations. The
suspension was also in violation of TAMU procedures. At
some point during this period the University let him
submit a written response to the allegations against him.
Then, without his consent, TAMU released it to the FBI
and the District Attorney.

Also in August of 1997, my Father received a Fulbright
Chair in Europe, but the University implemented travel
restrictions which forced him to forego it. The National
Office of the American Association of University
Professors intervened on his behalf in September 1997. In
a letter to President Bowen of TAMU, Robert Kreiser,
Association Secretary of the AAUPA, questioned the
Universityís right to restrict my fatherís travels. "We
fail to understand," he wrote, "why, if (Professor
Pradhan) has no duties or commitments at the University,
he should not be free to spend his time where and how he
wishes."

In March 1998, the formal indictments were brought
against my father. The law he had allegedly violated was
a Texas law called the "Specific Law of Abuse of official
capacity." This law forbids conducting non-University
business on trips made primarily for University purposes.
The vague wording of this law has been challenged by my
father in an appeal filed in August of 1999 and refiled
in December of 1999.

Up to this point, the local newspapers and media had been
unfavorable in their portrayal of my father, who is
married to a Jewish woman in a southern small town. He
felt it was unlikely that he would be able to secure a
fair trial because of their coverage. At the same time he
was concerned that the vagueness of this law left room
for a possible conviction. Therefore, after legal
counsel, trying to act in our familyís best economic and
long-term interests, he plead guilty to one count of
abuse of official capacity with 28 examples. Professor
Robert S. Boyer of the University of Texas testified on
behalf of my father's character, adding, "Pradhan is a
distinguished fellow in two computer science faculty
societies. He is a highly ranked professor. He has been
grotesquely harassed in my opinion." At this point my
family and I just wanted to pick up the pieces of our
lives and move on.

Meanwhile, in August 1998, in the hearing under Judge Sam
Spar in Austinís Federal Courts, the Judge found A&M
guilty of abuse of due process. He ordered the University
to reinstate my father immediately, effective September
1, 1998. After a few months of reinstatement, a
University hearing in March 1999 completely disregarded
the Judgeís rulings, this time by firing him. At that
hearing my fatherís students presented glowing
testimonies about him. Despite these and various
testimonies from professors around the world to my
fatherís professional character, the University dismissed
him in June of 1999, effective August 10, 1999.

My father had filed a lawsuit against A&M for violating
his 1st, 4th, and 14th Amendments and for wrongful
termination. In October of 1999, he added the Board of
Regents to the suit. Then during Christmas break, in what
my family suspects was a retaliatory move, my father was
arrested for photocopying charges he had incurred, for no
personal gain, after his termination, in violation of his
probation. (He had the Head of the Department's oral
permission, though the Head is now claiming "not to
remember"). My father had not realized that he was
violating probation.

TAMU decided to push for jail time. My father was taken
to jail without bond and incarcerated for three days for
photocopying over Christmas! Local authorities
confiscated his U.S. passport, and he has been unable to
travel to India to fulfill a prior commitment to teach a
class.

The University has not responded to over 500 letters by
professors and scientists worldwide trying to protect my
Dad from undue punishment. The Committee of Concerned
Scientists and the American Association of University
Professors have involved themselves, to no avail.

My father holds the prestigious Humbolt prize in Germany
and had been named a fellow of two distinguished computer
societies (IEEE and the Association of Computing
Machines). He is world-renowned in his field.
I mention these accomplishments because, obviously, the
last three years have been disastrous for a career which
he worked very hard to build.

My fatherís lawyer, Charles Osborn, has summarized this
situation thus: "(Pradhan) urged the formation of a labor
union for professors at A&M to fight the new law of post-
tenure review. Within 24 hours, the Vice Chancellor of
Texas A&M began an intense witch hunt to try to find
accusations against Pradhan." The only way for my Dad to
lose his job was for him to have to go through this
witch-hunt.

WHY YOU SHOULD COVER THIS:

I am a daughter trying to save her father from going to
jail. This situation has certainly been a nightmare for
my family, draining us in every sense for the past four
years. But academic freedom for expression without
retaliation is the larger heart of this issue.

Please, help my family and call attention to this example
of gross violation of right by passing this along to any
appropriate contact connected with major nation-wide
press coverage. I feel that truth and publicity are my
fatherís greatest hopes at this point, and I believe the
larger principle behind this single case deserves public
attention.

Other media attention:

1. The Texas Journal of the Wall Street Journal
(2/19/1997 by Frank Bass and 9/17/1997 by Jonathan Weil)

2. The Houston Chronicle (section A page 17, 9/10/1998)

3. The Chronicle of Higher Education (10/3/1997 by Robin
Wilson)

4. The Austin American Statesmen (2/25/1997)

5. The Dallas Morning News (9/10/1998)

6. Over 50 articles in The Bryan/College Station Eagle

7. The Texas A&M Battalion 1/21/98; 3/8/99 by Amanda
Smith);

(url: http://www.battalion.tamu.edu )

Already, this situation also seems to be well known
within the Academic world.


** Hired 8/92 as Chaired Professor in TAMU's Computer
Science Dept.

** Enjoined to make that department 'world-class'.

** Suffers racial slurring/harassment within his
department; department & university do nothing.

** Brings in MUCH research $$ for department & TAMU.

** TAMU tries (unsuccessfully) to retroactively attach a
review clause to

Pradhan's contract (all other TAMU Chairs have review
clause).

** Reveals to other Chairs the disproportionate % of
Chair accounts TAMU helps itself to.

** Vocalizes opposition to proposed merger of CS
Department with Electr. Engr.

** Vocalizes opposition to Texas imposing Post-Tenure
Review on all TX faculty.

** Away at conference, Pradhan's office computer is
seized by TAMU (10/96).

** Internal audit of Pradhan commences.

** Without due process OR following their own guidelines,
TAMU suspends him.

** Federal District Court judge orders TAMU to reinstate
him.

** Indictments brought against Pradhan (3/98).

** Pradhan plea-bargains (11/98).

** Civil suit filed against TAMU by Pradhan

** Pradhan fired (8/99).

** Pradhan files appeal to overturn all criminal charges
against him.

** Board of Regents members added to civil suit (fall,
'99).

** Arrested/jailed for photocopying charges allegedly
incurred post-termination (12/16/99).


PRADHAN SEEKS RESOLUTION FROM A&M
The Battalion January 17, 2000

Former Texas A&M endowed professor Dhiraj Pradhan claims
Texas A&M still holds on to some of the same racial
grudges that he believes to be part of the prejudiced
history in the state of Texas.

"Texas A&M had me jailed on trumped-up charges of using
the copy machine," Pradhan said. "Bizarre it may sound --
but this is the old South. They don't like me, so they
sent me to jail."

Pradhan, who at one time was the highest-paid computer
science professor at A&M, said although it has been years
since original allegations were brought against him by
the University, his case remains unsettled and A&M
refuses to offer any kind of compromise.

Last week, Pradhan said he was looking for employment
outside of the United States but had to forfeit job
interviews in Europe and India because his passport was
seized on Dec. 17, 1999 and has not been returned. He
currently resides in College Station.

In January an independent investigation National Science
Foundation exonerated Dr. Pradhan of all wrongdoings.
Texas A&M Dean of Engineering Dr. Peterson says" We were
bit surprised with this final report issued by NSF. A&M
had assumed that NSF will corroborate the audit report
issued by A&M earlier".

Pradhan said the investigation began only after his
outspokenness about racial harassment, diversity, and
post-tenure review. He claims that Sam Sparks, a federal
judge in Austin, found that A&M proceeded illegally when
he was suspended, and Pradhan was immediately reinstated
after having been on leave with pay.

Pradhan said he simply wants to be left alone. He said
the University has brought five criminal charges against
him in the past two years.

"They are squeezing blood out of a stone," Pradhan said.

Pradhan said the Southern attitude of faculty, staff and
administration is one of the driving forces behind the
University's discriminating harassment against minority
staff members.

"I don't think my story is unique," Pradhan said. "There
have been many cases like mine -- mine just got too much
press."

Pradhan believes false accusations were made against him
based entirely on his ethnicity. He sent an email message
to 600 faculty members in October 1996, rallying to form
a labor union for A&M professors.

"Within 24 hours, the vice chancellor of Texas A&M began
an intense witch hunt to find accusations against
Pradhan," said Charles Orsburn, Pradhan's Houston
attorney, in a Jan. 21, 1998 story in The Battalion.

Pradhan said two other University professors -- Dr.
Richard Wysk and Dr. Ignatio Rodriguez -- felt it was
imperative to resign from their positions at A&M and
continue their work elsewhere.

Wysk is now a professor at Pennsylvania State
University's Department of Industrial and Manufacturing
Engineering.

Rodriguez is employed by Princeton University's
Department of Civil and Environmental Engineering.
Rodriguez said since he left A&M, he does not care to
comment on what was still taking place here.

He said most Indians are treated as second class in his
experience of 30 years in the United States.

"Indians will never admit this because they are too busy
bragging about making money," Pradhan said.

Pradhan said basic rights were violated throughout the
duration of the accusations and litigation. He claims his
rights to due process were violated, and that he was
subjected to illegal search and seizure.

On Oct. 28, 1996, Pradhan was in Washington D.C. at an
academic conference. His computer, computer records and
files were seized from his office.

Pradhan said he was arrested at his home on Dec. 15, 1999
and no Miranda rights were read.

Cynthia Larson, executive director of University
Relations, declined to comment on Pradhan's case --
citing the University's policy of not commenting on cases
that are still in litigation. Pradhan's attorney was not
available for comment.

"I may have made mistakes, but it is time to call it
quits," Pradhan said. "I dearly feel bad for what has
happened, but I just want to be left alone."

Toril Moi
James B. Duke Professor of Literature and Romance Studies
Literature Program, Art Museum 111, Box 90670
Duke University, Durham, NC 27708-0670
Tel (919) 681-4971 (office/voice mail)
Home fax (919) 419 1438; Office fax (919) 684 3598

End of Forwarded message

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