By Scott B. Wong
Daily Bruin Reporter The university is facing charges of battery
and wrongful termination after one employee claimed his supervisor
struck then fired him after he complained of the incident. Garry L.
Scarff, a former debt management counselor in the Student
Collections Office, said his manager, Salwa Ayoub, hit him in the
face with a collections file as he sat at his desk Sept. 20.
“It was a very sharp, slapping sensation on the side of my
head, causing my eyes to water and leaving a bruise, Scarff said.
“I was very surprised.” Ayoub said she was unable to
discuss the incident because it is a personnel matter but denied
the allegations. Lynne Thompson, manager of employee and labor
relations, said university policy prohibits retaliation against
employees. According to Scarff, Ayoub became angry because he had
thrown out a copy of a student’s record. “She picked up
and dumped the recycling barrel on the ground,” Scarff said.
“She told me to get on the floor and sort through the
papers.” When Scarff attempted to explain, he then suffered
the blow, he said. Scarff’s attorney, Jon Dean, said it was a
mystery why Ayoub hit his client. “There was no reason for
her to strike him, even if he was violating a procedure,” he
said. “We’re not in the middle of the 19th
century.” In a letter to the university, Dean stated the
incident was due to anti-Semitic and racial motivations. Scarff is
of Jewish ancestry, and Ayoub is Syrian. “In light of the
political and religious struggle that is currently taking place in
the Middle East, UCLA’s and Ms. Ayoub’s behavior in
this regard is particularly disturbing,” he stated in the
letter. In recent months, the Middle East has been a hot spot, with
violence erupting between Palestinians and Israelis over ownership
of Jerusalem. Syrians and Israelis have a history of civil unrest
since the 1967 Israeli seizure and occupation of the portion of
Syria known as the Golan Heights. In a sworn affidavit to the Equal
Employment Opportunity Committee, the government agency which
investigates complaints of employment practices, Scarff stated he
was harassed by Ayoub and her assistant supervisor, an Egyptian
American, because of his Jewish religion. “Statements were
made (in the office) that because I am Jewish, I would harbor a
natural bias against anyone on campus that was Arab
American,” Scarff said. In a letter to university police,
Scarff said he would pursue the harshest sentence for Ayoub.
“I intend to pursue every criminal and civil remedy
appropriate in this case including, but not limited to, seeking the
arrest of Ms. Ayoub for criminal battery,” Scarff stated. In
a letter to Det. Tony Duenas, who headed the police investigation,
Scarff stated Ayoub abused her supervisory authority by calling her
staff into her office and challenging them over facets of the
police investigation. “Her alleged attempts to tamper with
witnesses in a criminal investigation through selective memory,
coercion, and implied threats of retaliation are unlawful acts and
constitute a felony,” he stated. Despite complaints,
according to Scarff, UCPD has not been cooperative. Duenas was
hesitant to act upon leads he provided, Scarff said. Although
Duenas was informed that Ayoub was interfering with the
investigation, he told Scarff it was a matter that should be taken
up with his lawyer, according to Scarff. University police would
not directly respond to Scarff’s allegations but said they
would intervene if the tampering had bearing on the case. Hired
under the supervision of Ayoub on Aug. 28, Scarff filed a charge of
battery with university police and with the UCLA Human Resources
department on Sept. 29, nine days after the alleged incident
occurred. “Within an hour and a half of filing the complaint,
I was fired,” Scarff said. “Salwa called me into her
office and said that I would cease to be a UCLA employee on Oct.
16, but that she was releasing me today.” Under federal and
state law, an employer may not retaliate against an employee who
complains about their wrongful, illegal and/or discriminatory
conduct, according to Dean. “To terminate Mr. Scarff
immediately after he made this complaint is a clear violation of
this important public policy,” Dean stated. But Thompson said
the university would not fire an employee for reporting the
misconduct of a supervisor. “We have a university-wide
whistle-blower policy that prohibits retaliation against
employees,” she said. On Oct. 16, Scarff received written
notice of termination for lack of performance, but has since
received two weeks of severance pay, an amount of $2,000. The
university responded to Dean in a Nov. 30 letter, stating the Staff
Affirmative Action Office was undertaking their own investigation.
Affirmative action consultant Charlotte Dunklin, who investigates
discrimination complaints filed by staff employees, said she could
not discuss the case because it is ongoing. But, Dunklin said based
on its findings, the office will submit a report to the EEOC or
settle out of court with the employee. Under the right conditions,
Scarff said he would settle. “If there is any settlement, I
also want a written apology from the university and from Salwa
herself,” he said. Currently, the EEOC has issued a right to
sue notice to Scarff, but a final decision is pending completion of
its investigation. University police submitted their findings to
the Pacific Branch of the L.A. City Attorney’s Office at the
Airport Courthouse on Nov. 27. A case is only submitted by police
if a crime, in their estimation, has been committed, according to
Sgt. Phil Baguiao, UCPD. But L.A. Deputy City Attorney Liz Gertz
said the case is ultimately decided in the courts. “The case
was rejected due to insufficient evidence and little likelihood of
conviction,” she said. Scarff said he plans to appeal the
city attorney’s decision.
TIMELINE OF EVENTS SURROUNDING LAWSUIT Former
employee Garry Scarff is suing the university for battery and
wrongful termination August
28
Garry Scarff is hired in the Collections Office under the
supervision of manager Salwa Ayoub.
September 20 Scarff alleges
Ayoub hit him in the face with a collections file while he sat at
his desk. September 29 Scarff
files a charge of battery with the university police and with the
UCLA Human Resources department; hours later, Scarff is released by
Ayoub. October 16 Scarff receives
written notice of termination for lack of performance.
November 27 University police
submit findings from their investigation to the L.A. City
Attorney’s Office; the case is rejected due to insufficient
evidence and little likelihood of conviction. Original graphic by
ADAM BROWN/Daily Bruin Web adaptation by MICHAEL OUYANG/Daily
Bruin