The Docket

Issue date: 9/5/07 Section: News

Professor Kyndra Rotunda

Professor Joseph Zengerle

Professor Ronald Rotunda

On August 27, Professor Kyndra Rotunda resigned from her position as Director of the Clinic for Legal Assistance for Servicemembers.
On August 28, her husband, Professor Ronald Rotunda, sent an email to the students enrolled in the clinic. The email announced Prof. Kyndra Rotunda's resignation. The email also asserted that Prof. Kyndra Rotunda resigned due to gender discrimination and sexual harassment committed by Professor Joe Zengerle, the Executive Director of the clinic.
Prof. Ronald Rotunda also attached an Adobe PDF document to the August 28th email. The attachment contains a scanned copies of

- Prof. Kyndra Rotunda's formal resignation,
- an EEOC complaint by Prof. Kyndra Rotunda against Prof. Joe Zengerle, dated August 3, 2007,
- a memorandum from Prof. Kyndra Rotunda to Prof. Zenglerle, dated August 23, 2007,
- several doctor's notes for Prof. Kyndra Rotunda,
- an email string between Prof. Ronald Rotunda, Prof. Kyndra Rotunda, Prof. Zengerle, and Dean Daniel Polsby among others.

The documents assert that Prof. Zengerle assumed an improperly supervisory role over Prof. Kyndra Rotunda. The documents further allege both specific and general instances of discrimination.
Among them, that Prof. Zengerle had yelled loudly at Professor Kyndra Rotunda on several instances and once in front of a witness. Also, that Prof. Zengerle required Prof. Kyndra Rotunda to perform clerical functions and undercut her in front of her students. Additionally, that Prof. Zengerle used profanity and made obscene gestures to Prof. Kyndra Rotunda.
Christine LaPaille, Vice President of University Relations, addressed the nature of the supervisory relationship between Prof. Kyndra Rotunda and Prof. Zengerle. "There was never any misunderstanding that he would supervise her work," she said.
Ms. LaPaille also stated that the University had already resolved these allegations through its own internal investigation. The George Mason Office of Equity and Diversity Services handled the process. "A thorough investigation was conducted which found no basis for the allegations," she said. "Allegations are taken very seriously... it's a highly confidential process."
The documents in the Aug. 28 email also allege sexual harassment by Prof. Zengerle. The documents present instances of inappropriate physical contact, remarks, and propositions. "The EEOC complaint contains new allegations inconsistent with [Prof. Kyndra] Rotunda's complaints that were investigated."
Also, the documents allege that Prof. Zengerle retaliated against Prof. Kyndra Rotunda by accusing her of insubordination and issuing a reprimand to her.
Presently, the University is investigating these allegations of sexual harassment and retaliation. In light of that investigation, Ms. LaPaille declined further comment. "Even [in light] of the current allegations, we're confident that the University will be vindicated when the story comes out," she said.
Prof. Zengerle, over email, commented, "It is regrettable that these provocative allegations would be disseminated in such an unseemly manner, especially when they were extensively investigated by the University, which found in my favor, and while this is before the EEOC, which I fully expect will dismiss the matter as well."
Ms. Lapaille also expressed disappointment that Prof. Ronald Rotunda communicated the matter directly to students. "Ronald Rotunda's decision to communicate personnel matters directly to students was totally inappropriate."
Prof. Ronald Rotunda disagreed. "There is nothing spiteful about this. The students should realize that her decision to leave the clinic was due to working conditions," he said in an interview. "I understand some people are embarrassed. But I'm not embarrassed, and my wife is not embarrassed."
"None of this is something I do eagerly," he said. "I love the school and I love the people in it. I have a First Amendment Right. It is my decision and no one else's."
Professor Kyndra Rotunda declined comment.
At this point, however, the clinic will continue operation. "Everything was kept in good order. The clinic should be in good shape," said Prof. Ronald Rotunda.

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