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Jesse J. Maddox, Bar No. 219091 E-FILED
jmaddox@lewlegal.com 9/17/2021 11:34 AM
Nathan T. Jackson, Bar No. 285620 Superior Court of California
njackson@lewlegal.com County of Fresno
LIEBERT CASSIDY WHITMORE By: L Peterson, Deputy
A Professional Law Corporation
5250 North Palm Ave, Suite 310
Fresno, California 93704
Telephone: 559.256.7800
Facsimile: 559.449.4535
Attorneys for Defendant BOARD OF TRUSTEES OF
CALIFORNIA STATE UNIVERSITY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF FRESNO
11 A. SAMEH EL KHARBAWY, Case No.: 21CECG02214
eo 12 Plaintiff, [ASSIGNED FOR ALL PURPOSES TO HON.
KIMBERLY GAAB, DEPT. 503]
13 V,
Complaint Filed: October 23, 2020
14 BOARD OF TRUSTEES OF
CALIFORNIA STATE UNIVERSITY; DECLARATION OF HOLLY SOWLES IN
15 DARRYL L. HAMM, an individual; SUPPORT OF DEFENDANT BOARD OF
BEEZ
Es
LYNNETTE ZELEZNY, an individual. 3: TRUSTEES OF CALIFORNIA STATE
FES 16 JOSEPH I. CASTRO, an individual; UNIVERSITY’S SPECIAL MOTION TO
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SAUL JIMENEZ-SANDOVAL, an STRIKE PLAINTIFF A. SAMEH EL
17 individual; XUANNING FU, an KHARBAWY’S COMPLAINT
individual; AND DOES 1| through 50,
18
Defendant.
19 (*Exempt from filing fees pursuant to Gov.
Code, § 6103.)
20
21 I, Holly Sowles, declare as follows:
22 1 Ihave personal knowledge of each matter stated herein, and if called upon to do so,
23 I could and would competently testify to each matter set forth herein.
24 2 Ihave been employed at California State University, Fresno (“Fresno State”) since
25 2016 and current work the Program Coordinator of its Interior Design program. I hold a Master
26 of Arts in Interior Design from Washington State University.
27 3 In January of 2018, Plaintiff was assigned to teach ID 116. I know this because I
28 helped develop the course assignments for that semester. Almost immediately after the spring
1
Declaration of Holly Sowles
9701805.1 FROO7-003
2018 semester began, I started to receive verbal and written complaints from students who were
enrolled in Plaintiff's ID 116 course regarding his failure to teach the course in line with the
course description. ID 116 was intended to teach students how to use a software program called
Revit, which is foundational for students wishing to pursue careers in interior design. Because
Plaintiff had taught advanced studio courses, I believed he had an understanding of Revit. Many
students informed me that Plaintiff was not teaching Revit; rather, he was teaching some type
photography-themed lighting course. Several students also raised concerns about a “Student
Agreement” that Plaintiff presented to them, and which was being used for “attendance.” I
obtained a copy of the “Student Agreement,” a true and correct copy of which is attached hereto
10 as Exhibit 1. I was very concerned about how Plaintiff was managing his ID 116 course.
li 4, Most of Plaintiff's students dropped ID 116. I know this because I spoke with the
12 students about why they dropped this course, and { also helped Fresno State retain someone who
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Beez 13 could teach them Revit by enrolling in an independent studies course.
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gd 14 5 Minus redactions, attached as Exhibit 2 is a true and correct copy of an e-mail I
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15 received from one of Plaintiffs former students about his ID 116 course, dated January 17, 2018.
16 6. Minus redactions, attached as Exhibit 3 is a true and correct copy of an e-mail I
17 received from one of Plaintiffs former students about his ID 116 course, dated January 17, 2018.
18 7 Minus redactions, attached as Exhibit 4 is a true and correct copy of an e-mail I
19 received from a Fresno State student about Plaintiff's ID 116 course, dated January 18, 2018.
20 8. I promptly informed Fresno State administrators about students’ concerns over
21 Plaintiff's handling of ID 116, and the “Student Agreement” he was presenting to them.
22 I declare under penalty of perjury under the laws of the state of California that the
23 foregoing is true and correct.
24 Executed this o8>141_ day of Lec — 2021, at Fresno, California.
25
26
SN lolly Sowles
27
28
2.
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Exhibit 1
9/29/2018 GetFileAttachment (960*1280)
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California State University, Fresno
ID 116 : SPRING 2018
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[Last Name | First [snout JRUSRARTE, | STUDENT IDA
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i Lam awareand have been informed that ID 116 was assigned a new“instriictor in late October
2017. As a result, this course-will be developed this semester (as itis being taught). By agreeing to
enrol] in ID 116 this semester, I affirm that lunderstand that (a) the course will be“in progress’
throughout the semester; (b) that all aspect.of course content, designiand délivery- including
aextbooks, lesson plang,(fidid /class/ homework) assignments, outcomes, assessment and
schedule- wil]'be in development throughout the semester} (c) that] will beaipdated on all these
details as they firm up, as the semester unfolds, and that (4) the course will, #iergfore, have g
ientative, preliminary. syllabus-throughout the semester,
am aware and have been informed by-the couxse instructor that this course is scheduiled-as ARR. |
J understand that an arbitrary, “fictitious” schedule may be assigned by the University’s
administration té-this course. If this is the case, I confirm that I understand.
that due todis spect] |
nature.and curriculardesi¢n, this course will havea non-traditional meeting pattern and schedule. |
The |
course insteuctor will schedule course activities. .
|
3. lam aware.and have'been informed by the course instructor that this isa techn 2, 1
(IMD, multi-mode-course, with an online component, which covers 50% or less of the course...
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4, Lam aware and have been informed by the course instructor that this course will-d: ieploy-several
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pedagogical tools and-methods, including (but not limited +o) directed readings assigned medina }
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Sscxeeniings, assivned fieldwork independent researdhistudy, an iiG.presentetions. Lunderstand that itis my
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responsibility to complete of the course work, as assigned.
5. lam aware and have been informed ‘by the course instructor that this course.involves site visit
ae COuTSE Doles site Tisitss and
and
feldwork. | understand that is my responsibil: ity to complete this wetk in accordance with all the |
University policies. i |
6‘ T am aware and have béen informed by the.course instructor of the Unty exsity’s Conflict
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Resolution Policy, which requireme to “make.a full. and bona fide” effort to reso
lve any issues or |
concems with this course through “sarly informal discussion of the matter”
with the course
instructor.
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) SIGN YOUR FULL W. AME ie eal
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Exhibit 2
Martin R. Valencia,
Chair, Professor of Graphic Design
Department of Art and Design
The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and
controversy... Martin Luther King, Jr.
On Thu, Jan 18, 2018 at 7:02 AM, Holly Sowles wrote:
Good Morning Dr. Fu, Saul and Nora:
Thave received the following email from a regarding ID 116. She has attached a document that
the students were forced to sign in order to take the course. I am hoping that we may meet to discuss this either
Friday or Monday.
Regards,
Holly
Holly Sowles, Assistant Professor
Program Coordinator Interior Design
Department of Art & Design
California State University, Fresno
559.278.3055
eases Forwarded message soos
From: @mail.fresnostate.edu>
Date: Wed, Jan 17, 2018 at 8:50 PM
Subject: ID 116 Issue
To: Holly Sowles
Hello Professor Sowles,
Thad ID 116 with Dr. El Kharbawy tonight and I have a couple concerns. I wanted to come to you to see what
my options were. The class has traditionally been taught as Revit as previous students have told me, and this
semester Dr. El Kharbawy has restructured the class to be lighting design course using multi-media. During
this course, we will be outside taking photos and videos of different areas of campus that have poor lighting
and redesign them with our own lighting plan. I am concerned that this class is not going to teach me what I
need to know. I have already take a lighting design class (ID 131) and this class is not being taught as Revit as
it has been in the past. The class will not be held during every scheduled class but on an "as needed" basis.
Majority of the work will be done independently, without lectures. Additionally, I was very concerned by this
document he had the class sign at the end of the evening. He said it was out attendance for the evening. I was
hesitant to sign the form because I was confused as to his verbiage and the fact that we are signing our
approval to a loose "as its being taught" course schedule. He also mentioned that our syllabus will not be
available until February 12th, or maybe a few days prior, as that is the due date for his syllabus. I have attached
a photo of the document below. Please let me know if there is an independent study option or any other route
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for me to take in order to avoid taking a class that it is not teaching me the proper information I need to
become a professional interior designer.
Thank you for your time and consideration.
a...
Exhibit 3
Forwarded messaj
Date: Wed, Jan 17, 2018 at :26 PM
Subject: ID 116
To: Holly Sowles <
Hello professor Holly,
Since you are my advisor I wanted to email you and let you know what happened during my ID 116 class
tonight. Class took place at the music building at 6pm. Dr. Kharbawy walked in and never said a word about
turning the course into another subject. Even though it says Revit in the class description. He then went on
about what this class would be about, which in my understanding is a Photography study. He explained how
important lighting is in interior design (which I don’t disagree). But the fact that he’s making us study lighting
in the way photographers do is what confused me and most students in that class. Kharbawy also explained the
class would have 3 parts. A research part, another by which we would go and look at buildings on campus
during night time. Which I brought into discussion I didn’t feel comfortable going around campus when it’s so
dark and looking for a building to photograph. And the third part of the class we would add lighting to the
building and photograph it. He wants us to purchase lighting equipment, which makes no sense to me at all
since I’m not a Photography major. He said he would post a Syllbus by February 12th, which according to him
is when the syllabus should be submitted by. At the end of the class he told us before we left we needed to sign
a document. He handed each of us a document that explained the course very throughly and stated at the end
that we agreed to take the class the way it was. One of the students asked if he could take the document home
because he didn’t feel comfortable signing it, and Dr. Kharbawy said he couldn’t do so. He told the student he
would email him a copy for him to sign later on. The whole situation is upsetting me and many of the students
and we’re all unsure where to go from here. I’m at a point where I need my units in order to graduate but I
refuse to take a class where a professor is teaching something unrelated to the course we are supposed to be
taught and doesn’t say a word about that. We also paid an extra fee to be in this Revit class which we won’t be
taught. I hope we can discuss more about this whole situation tomorrow. I appreciate your time. Thank you.
1
Exhibit 4
aenennnnne Forwarded message wonenne--
Date: Thu, Jan 18,2018 at 11:51 AM
Subject: ID 116
To: Holly Sowles , Honora Chapman <
Good Morning Professor Sowles,
I would like to at this time to express some concerns I have with the ID 116 course, and the instructor Dr. A.
Sameh El Kharbawy. As you know I have been working my way up through the ranks here at school trying to
get previous concerns with Dr. Kharbawy taken care of with no results. Now, after attending the first night of
ID 116, my frustrations with Dr. Kharbawy have made it nearly impossible to focus on my other studies.
My first concern is the new course content of this required cl. s. It was my understanding that the Revit
program was going to be taught, as it has been semesters before. Instead Dr. Kharbawy is putting together a
course as the semester goes on, about lighting outdoor areas and photographing them. My main concern is how
another lighting course, and not something as important in the Interior Design world as Revit, is being selected
by Dr. Kharbawy to be taught. I am positive that any employer would be more interested if I had a working
knowledge of Revit, and not my abilities to properly light a tree.
My biggest ssue with Dr. Kharbawy's class last night was that we were required to sign a contract (Attach!) for
his course. I refused to sign this contract at that time, and requested to take my copy to Dean Chapman for
review before I even considered doing so. At that time I was told by Dr. Kharbawy that I could not remove that
document from the c room. I was told by Dr. Kharbawy IfI wanted a copy of the document, that he would
send it to my email. uggested by Dr. Kharbawy last night, I sent him an email requesting the document
from class last night. I was immediately informed by the school email server that my email has been directed to
1
an electronic archive and will not receive an immediate response. We were also told that he was using this
document as a way to take roll that night, and being that I refused to sign it at that time without review from
Dean Chapman, that I will not be showing as present for that class and dropped from it. At this time I have not
received any response from Dr. Kharbawy.
Talso found great concem in his lack of wanting to be in class, and that he would be sending us an email when
we would be meeting again. I believe I am paying to be taught and instructed by an actual person, not someone
who wants to show up when he feels like it. I have had two previous classes with Dr. Kharbawy and this has
been the standard he has had throughout my instruction with him. It also bothers me that he had no
syllabus available at the time the class started, and informed us that he did not have to have one available
till
February 12th, which was Census Day. Not to sure what that is, but it has always been my understanding that a
set, and approved curriculum must be established before teaching a class. Does Dr. Kharbawy have some
special powers, or rights that he can make his own niles? I am sony if I am coming across as a smart Alec, butI
am so frustrated at this point that I can not even get my feelings about Dr. Kharbawy out properly.
Just another note on something that really got me frustrated is text I received from other students after the class.
Because of my age, and that the students look up to me, they sent me text about their concems. This is just one
part of a text froma female student I received. "I didn't want to sign it. I just did it out of fear." Really, is this
what kind of instructors we have working at Fresno State? I have the rest of this disturbing conversation
available for your review.
Because of these on going, non-resolved issues with Dr. Kharbawy it is my intention to drop his class, andI
refuse to take any instruction that he will be givingin the future, in hopes that this Institution will remove him.
from the Interior Design program, and Fresno State altogether. At that time I hope that the school will be able to
provide myself, and the other Interior Design student with a program that we deserve, and are paying for. It isa
shame that the school is unable to take action against Dr. Kharbawy when he has been a problem within our
program for sometime now.
Ihave no more time to go on with any more of my concems, and there are plenty. I hope I will be able to meet
with you face to face to discus this in further detail. I am open to any and all suggestions that you may have in
this matter. Does the school have lawyers I can go to? It is obvious that the facility has their hands tied in these
on-going issue with Dr. Kharbawy.
Thanks for listening,
a