My life from Passover Seder 2020 to the Holocaust Memorial Day 2020

1. On April 8, 2020, Passover Seder, the Dean requested Dr. Kogan to administer a make up quiz to two students. The Dean based his request on Federal Laws and indicated that the University Faculty Handbook is irrelevant in this case. To avoid charges of willful neglect of duty and professional misconduct Dr. Kogan had to contact the two students within 24 hours, and the quizzes to be administered within the next 4 business days.

   Every semester the UMBC Office of Student Disability Services (SDS) emails to faculty notifications that certain students should be provided extended time for testing. The SDS usually administers testing around the time the test is scheduled for the class. This was the first time in 32 years SDS requested make up tests in Dr. Kogan's class. The Dean's request came a month and a half after the quiz, and a make up quiz so late would provide an unfair advantage to the selected group.

2. On Monday, April 13, 2020, after examination of the Federal Laws the Dean referred to, Dr. Kogan found nothing concerning make up quizzes. With the make up examination section of the Faculty Handbook being the only written guidelines provided by the University to the faculty Dr. Kogan concluded that providing the quiz that late would discriminate against the rest of the class. The same day Dr. Kogan responded to the Dean. The response explained the reasons behind the original decision to decline requests for make up quizzes. Dr. Kogan also pointed out the unfortunate timing of the Dean's request. The response concluded by inviting the Dean to respond.

3. One week later, at the late afternoon of Monday, April 20, 2020 - the Holocaust Memorial Day - Dr. Kogan received an email with notice of termination from UMBC President Hrabowski. In his termination notice Dr. Hrabowski promptly noted Dr. Kogan's displeasure with timing of the Dean's requests - Passover Seder, and elected to terminate Dr. Kogan on the Holocaust Memorial Day - the day established by Congress in 1979 as the period for remembrance programs and ceremonies.

   The reasons for termination as outlined in the notice are Professional Misconduct and Willful Neglect of Duty. Specifically those are

   • failure to provide the make up quizzes,
   • failure to attend Sexual Misconduct Awareness training, in either of the required formats (in-person and on-line training).

   As the President's notice indicates the University concluded the training on August 20, 2019, and the link between the two items above is not immediately clear. In Fall 2018 allegations of shameless corruption, intimidation, and humiliation and deception shook UMBC. On September 10, 2018 five former UMBC undergraduate students filed a complaint IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND against UMBC and others (Civil Action No.: 1:18-cv2809) alleging

   "This is a civil rights lawsuit brought to address the plan, practice, policy, custom, and procedures instituted and perpetrated by individuals acting under color of state law to deprive female sexual assault victims of their civil rights and equal protection, in contravention of federal and state law."

   On October 17, 2018 the complaint was amended to include Dr. Hrabowski personally: "Violations of 20 U.S.C. 1681 Discrimination/Deprivation of Educational Access By Katelyn Frank Against Defendants Hrabowski …" the complaint further alleges "… cover up sexual assaults against women …"

   The complaints brought national media spotlines to UMBC from The Baltimore Sun to The Washington Post to campus protests, and triggered initiation of the Sexual Misconduct Awareness training by the University.

   Contrary to Dr. Hrabowski's erroneous claim Dr. Kogan attended the on line Sexual Misconduct Awareness training, but failed to pass the quiz offered at the end of the training. One of the stumbling blocks was the question

   Which of the following is true?

   1. Option 1:1 in 5 college women will be sexually assaulted during their college years.
   2. Option 2:6.4% of college men perpetrate rape.
   3. Option 3:75% of LGBT-identified students reported experiencing sexual harassment in the last year.
   4. Option 4:all of the above

   The correct answer requires a crystal ball ‒ one needs to know the future. The UMBC has about 10,000 undergraduate students, perhaps about half of them are females. Assuming these female students are graduating in 4 years Option 1 would yield over 1000 raped UMBC female students per year. Assuming graduation in 8 years bring this number down to over 500. In his 32 years of teaching at UMBC Dr. Kogan never heard of that many rapes. Is this because

   1. UMBC and Defendant Hrabowski "… cover up sexual assaults against women …" as alleged by the claim?
   2. the on line Sexual Misconduct Awareness training is a scam?
   3. all of the above?
   4. none of the above?

   The Sexual Misconduct appears to be a serious world wide problem today. The treatment of those involved in sexual misconduct as a rule is very harsh‒the latest high profile case is, perhaps, Placido Domingo. On April 13, 2019 one of the most celebrated men in opera was accused of sexual misconduct. The same day the Philadelphia Orchestra and San Francisco Opera canceled upcoming appearances by the opera superstar. The UMBC scandal did not lead to change of leadership. How serious is the institution about keeping students safe? How much Dr. Hrabowski is concerned with well being, safety, security, and mental health of the students?

4. On April 21, 2020 Dr. Kogan acknowledged the receipt of the termination letter, and expressed his concerns over the abrupt instructional changes three weeks before the end of the semester. Dr. Hrabowski did not respond.

5. On April 24, 2020 students appealed to the UMBC Leadership. Emails have been sent to:
   1. President Hrabowski, 410-455-2274, hrabowski@umbc.edu
   2. Department Chair Animikh Biswas, 410-455-2405, abiswas@umbc.edu
   3. Provost Rous, 410-455-2333, rous@umbc.edu
   4. Vice Provost and Dean Katharine Cole, 410-455-2859, kcole@umbc.edu
   5. Vice President Lynne Schaefer, 410-455-2939, lschaefer@umbc.edu
   6. Vice President Nancy Young, 410-455-2393, nyoung@umbc.edu
   7. Dean William LaCourse, College of Natural & Mathematical Sciences, 410-455-5827, lacourse@umbc.edu
   8. Vice Provost Antonio Moreira, 410-455-6576, moreira@umbc.edu

   The students' emails requested an explanation for the abrupt termination of the instructor, and expressed anxiety and immense stress. The students accused the administration of hasty actions, and neglect of concern for students' success in these challenging times of COVID-19.

U.S. Department of Justice Civil Rights Division

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