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Incident 7244 - Resolved

Role: Faculty
Position: Associate Professor
Discipline: Arts and Humanities; Philosophy
Specific Discipline: Philosophy
Outcome Year: 1995
Outcome Category: No Longer Employed (includes Fired and Contract Non-renewal)
Quote: "Complaints against Motzkin first surfaced during the 1991-92 academic year, when several female students reported that he was pressuring them to attend a party at his house. (Def.'s Mem.Ex. D: Statement of the Grounds for the Suspension or Termination of the Appointment of Associate Professor Aryeh L. Motzkin ("Statement of Grounds"), dated 1/95, ¶ 4(a).) Because the students were unwilling to file formal charges, the Chairman of the Department of Philosophy, Professor Charles Griswold, raised the subject with Motzkin informally and advised him to be careful regarding his conduct toward students. (Id.)

The following fall, a student in one of Motzkin's classes registered concern to Assistant Dean Brian Jorgensen about an incident in which Motzkin had approached her where she worked and invited her to lunch. (Id. ¶ 4(b).) He addressed the matter with Motzkin, who gave assurances that he would avoid such conduct in the future. (Id.)

Concerns about Motzkin escalated shortly after September 11, 1993. On that date, Motzkin took an underage female student to dinner off campus, ostensibly to discuss the possibility of her doing some translation work for him. (Id. ¶¶ 3(b), 7; Motzkin Aff., docket no. 27, Ex. A: letter from Motzkin to Berkey of 9/28/93, at 2-3.) It is undisputed that, during dinner, in violation of BU's Illegal Drugs and Alcohol Policy, Motzkin purchased the student some wine to accompany her meal. (Id. at 2.) According to the student (but denied by Motzkin), he also made suggestive remarks. (Id. at 2-3; Statement of Grounds ¶ 3(b).) This incident prompted Berkey to issue a formal reprimand to Motzkin and a warning that "a future reoccurrence of this type of situation could result in more severe sanctions." (Am.Compl. ¶ 11; Statement of Grounds ¶ 4(c) (quoting letter from Berkey to Motzkin of 10/18/93.))

In May 1994, Berkey received a memorandum from a female faculty member in which the faculty member alleged that, beginning in 1991, Motzkin had made repeated, unwanted advances toward her; had sexually assaulted her; and had frequently intimated that, in exchange for her favors, he would be willing to use his purported influence with senior administration officials to help her get tenure. "

"By letter dated March 31, 1995, effective immediately, Motzkin was notified that the Trustees had voted to accept the recommendation of a specially appointed faculty committee that Motzkin's contract be terminated for cause. "
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