Friday, February 13, 1998
Lawsuit jury selection begins
Former doctoral student accuses professor of misconduct
By Carol McKay
Daily Bruin Staff
Jury selection begins today for a sexual harassment lawsuit
against UCLA and Malcom Nicol, a professor in the Chemistry and
Biochemistry department. The plaintiff, Diane Reifschneider, is a
former UCLA graduate student seeking damages for alleged harassment
over a period of two years.
The original case, filed in July of 1996, named former
Chancellor Charles Young and Charles Knobler in addition to Nicol
and UCLA. Knobler is the former chair of the Chemistry and
Biochemistry department. Charges against Young and Knobler,
however, were dropped last week in a pre-trial motion.
All of the defendants filed statements shortly after the civil
suit was filed, denying Reifschneider’s allegations. Nicol’s
lawyers are not commenting on the case, and Nicol could not be
reached for comment.
Reifschneider, who has been at UCLA since transferring from USC
in 1990, began working with Nicol in the Chemistry and Biochemistry
department in 1993. She pursued her doctoral degree while working
as a teacher’s assistant.
The university, which has sought the outside counsel of the law
offices of Littler Mendelson, is hopeful. A press release states
that Los Angeles Superior Court Judge Marvin Lager, who will be
hearing the case, "ruled in favor of the university in its
pre-trial motion to challenge Reifschneider’s claims."
"Lager’s ruling leaves only one claim against the university,"
the statements said.
Nicol served as Reifschneider’s immediate supervisor in the
department as she sought her doctorate degree, and according to
legal documents, he had control over her progress and
evaluation.
According to the lawsuit, Reifschneider said she had initial
reservations in working with Nicol because of rumors that he had
harassed another student in the past.
Reifschnieider joined Nicol’s group, and soon after, she
alleges, the harassment began. She says that Nicol "bullied" her in
the laboratory, despite his reassurance that he would not be
working closely with her, and soon began pressuring Reifschneider
into social situations, such as monthly trips to the opera.
The lawsuit alleges that Reifschneider agreed to social events
and travelling to conferences together because she "depended upon
Nicol for successful completion of her doctorate as well as her
livelihood."
According to legal documents, Reifschneider became a victim to
Nicol’s unwanted harassment during the summer of 1993 and filed a
case with the Department of Fair Employment and Housing, which was
closed on Oct. 3, 1995.
During the latter half of 1995, the lawsuit stated,
Reifschneider also filed a formal campus complaint of sexual
harassment against Nicol. The complaint alleged that she had been
harassed, subject to a hostile work environment and suffered quid
pro quo harassment, all causing "severe and permanent emotional and
mental distress."
The harassment, which continued until Reifschneider withdrew
from the university, forced her into "a vegetative state in which
she was unable even to speak," the lawsuit alleges.
An internal investigation of the complaint filed by
Reifschneider is proceeding "according to established policies
intended to protect the rights and privacy of all parties,"
statements by the university said.
In addition to the monetary compensation for medical expenses,
loss of earnings and attorney fees, Reifschneider also hopes to
change the current policy of a single advisor’s supervision over
graduate students, which the lawsuit alleges is a "system of forced
dependency."