Case Western Reserve University Law School dean Lawrence Mitchell, sued by professor, has resigned

Former Case Western Reserve University Dean Lawrence Mitchell (Case Western Reserve University)

by Karen Farkas, The Plain Dealer Email the author | Follow on Twitter on March 04, 2014 at 11:55 AM, updated March 04, 2014 at 3:27 PM

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CLEVELAND, Ohio - Case Western Reserve University Law School dean Lawrence Mitchell, facing a lawsuit by a professor who contends Mitchell retaliated against him for reporting potentially inappropriate sexual conduct, has resigned. Mitchell had been on paid leave of absence since November 6. He will remain on the school's faculty but will take a sabbatical during the 2014-15 school year, which is the

practice of deans who step down, President Barbara R. Snyder wrote in an e-mail to law school faculty. She wrote that Mitchell has resigned his leadership position to alleviate distractions for the school related to pending litigation." She later acknowledged "We recognize that this academic year has proved challenging." Mitchell, who had been dean since 2011, said in a letter to the university that "Upon thorough reflection, I have concluded that I cannot return to my job as dean with the same energy and enthusiasm that characterized my earlier service. At this point, it is in the best interest of the law school for me to step down as dean. I will retain my position as a tenured professor and continue to seek to serve the school however I can." Law Professor Raymond Ku filed a lawsuit in Cuyahoga County Common Pleas Court on October 23 against Mitchell and the university alleging that when Ku reported that Mitchell had potentially sexually harassed women, Ku suffered retaliation. Ku, a former associate dean of the law school, reported in 2011 that he personally witnessed Mitchell caressing a female staff member at a party and was made aware of allegations by other women at the university that Mitchell had made inappropriate comments to others, according to the suit. Ku, a tenured professor since 2003, said he made reports to the universitys provost, vice president for diversity and faculty diversity officer. The university said there was no retaliation and the lawsuit includes inaccuracies. A later court filing by Ku included additional allegations, including that another professor was told by a student in confidence that Mitchell had propositioned a student for a "threesome." Mitchell's attorney sought to have portions of the complaint removed from the court record because they are "immaterial, impertinent and scandalous" and go far beyond the scope of wrongful employment retaliation. That motion was denied by Judge Peter Corrigan.

Corrigan has scheduled a settlement conference for July 2 and the trial is scheduled for November 3. A number of law school faculty have been subpoenaed for depositions. Mitchell said he chose to resign now, rather than at the end of the academic year, to alleviate uncertainty surrounding his status and to show his support for acting deans Jessica Berg and Michael Scharf, the university said in a press release. According to the university's release, Mitchell's "decision to step down to support the best interests of the school is the most recent of a series of examples that demonstrate his dedication to the institution." Snyder wrote that CWRU will search for a new law school dean "but first will prepare for that process by consulting extensively with internal and external constituents. These include the law school's faculty, staff, students, alumni, friends, and frequent employers of our graduates. We will seek insights regarding the current conditions of the school, progress in recent months, and the qualities most needed in the school's next leader."