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Andrew Hillier (State Bar No. 295779)
Hillier Law
600 W. Broadway, Suite 700 E-FILED
San Diego, CA 92101 10/5/2021 2:54 PM
Telephone: (619) 500-7906 Superior Court of California
Facsimile: (619) 839-3895 County of Fresno
andrew@ahillierlaw.com By: S. Garcia, Deputy
Attorney for Plaintiff,
Dr. A. Sameh El Kharbawy
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO
A. SAMEH EL KHARBAWY, Case No.: 21CECG02214
10
Plaintiff, DECLARATION OF A. SAMEH EL
11 KHARBAWY IN SUPPORT OF
Vs. PLAINTIFF’S MOTION TO LIFT STAY
12 OF DISCOVERY
13 BOARD OF TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY; Hearing Date: April 21, 2022
14 Hearing Time: 3:30 p.m.
DARRYL L. HAMM, an individual;
Dept.: 503
15 LYNNETTE ZELEZNY, an individual; Judge: Hon. Kimberly A. Gaab
JOSEPH I. CASTRO, an individual;
16 SAUL JIMENEZ-SANDOVAL, an individual;
XUANNING FU, an individual;
17 AND DOES | through 50,
18
Defendants.
19 I, A. Sameh El Kharbawy, declare and state as follows:
20 1 I am over the age of eighteen years old, and if called as a witness to testify in this
21 matter, I could and would competently testify to the following matters as being of my own
22 personal knowledge.
23 2 I am the Plaintiff in the above-entitled matter and make this declaration in support of
24 Plaintiff's Motion to Lift the Stay of Discovery.
25 3 I am a tenured Professor of Art and Design at California State University, Fresno
26 (hereinafter “CSU-Fresno” or “University”).
27 4 Between 2014 and 2019 I submitted written complaints to the administration of CSU-
28 Fresno and its Human Resources department. I also filed complaints with the Office of General
PLAINTIFF’S DEC ISO PLAINTIFF’S MOTION TO LIFT STAY OF DISCOVERY
-1-
1 Counsel and the Office of the Chancellor of the California State University system (in Long
2 Beach, California). In these complaints, I reported unlawful conduct, and improper government
3 activities at CSU-Fresno. For example:
4.1. University officials committed fraud, misrepresentation plagiarism, and
knowingly engaged in unlawful behavior to fraudulently procure accreditation
for the University’s Interior Design program in 2016-2017;
4.2 The University failed to conduct a fair and lawful faculty search to fill an open
faculty position in the University’s Department of Art and Design, when they
discriminated against women applicants on the basis of gender and/or age;
10 43 The University failed to conduct a fair and lawful faculty search to fill an open
11 faculty position in the University’s Middle East Studies program, when they
12 abruptly cancelled the search (citing procedural pretexts) after four candidates
13 —of Middle Eastern descent—were announced as finalists to fill the position;
14 44 The University discriminated against individuals of Middle Eastern descent on
15 the basis of their race, national origin, religion and/or and ethnic background;
16 4.5 University officials fomented a culture of racism and discrimination against
17 individuals of Middle Eastern descent on the CSU Fresno campus;
18 4.6 University officials discriminated, retaliated against and harassed me because
19 of my actual or perceived ancestry, national origin, race, association with
20 members ofa protected class, engagement in protected activity, including my
21 opposition to and whistleblower disclosures of crimes and unlawful conduct
22 perpetrated by University employees and officials;
23 47 University officials denied me a leadership position on campus in retaliation
24 for my protected activity, and failed to honor my several requests to provide
25 any records or evidence of the position’s bona fides;
26 4.8 University officials and employees engaged in making, propagating,
27 publishing and disseminating defamatory allegations and comments about me;
28
PLAINTIFF’S DEC ISO PLAINTIFF’S MOTION TO LIFT STAY OF DISCOVERY
-2-
4.9 The University denied me equal pay, in line with the salary and wages paid to
similarly ranked and tenured professors at the University;
4.10 University officials subjected me to threats, intimidation, increased scrutiny,
professional isolation (for years) and improper tampering with my Personnel
Action File;
4.11 University officials conspired with other University employees and exploited
students to harass me (for example, with manufactured allegations);
4.12 The University failed to investigate my complaints of discrimination,
retaliation and harassment within the timeframes stipulated by the University’s
10 own policies and Executive Orders;
11 4.13 The University failed to take the appropriate steps to address, end or prevent
12 the discrimination, retaliation and harassment;
13 4.14 The University failed to take the appropriate steps to enforce its anti-
14 discrimination, retaliation and harassment policies.
15 5 By opposing these practices, I engaged in what I believed to be legally protected
16 activity, and hoped that the University would not only address and remedy these wrongs, but
17 that it would also change the professional culture at CSU Fresno, which seemingly tolerated
18 and often encouraged illegal behavior.
19 6. On January 30, 2018, I informed the Office of the Chancellor of California State
20 University, and CSU-Fresno’s Human Resources Department of my intention to report the
21 illegal and fraudulent conduct by University officials as well as the improper government
22 activities at the University to outside government agencies for external investigations, including
23 by the State Auditor’s office.
7
24 Six days later, on February 5, 2018, the University placed me on “temporary”
25 suspension. In its suspension notice, the University stated that the suspension was pursuant to
26 Article 17 of the Collective Bargaining Agreement between the California Faculty Association
27 and the California State University (“the CBA”). The University’s suspension notice stated that
28
PLAINTIFF’S DEC ISO PLAINTIFF’S MOTION TO LIFT STAY OF DISCOVERY
-3-
the suspension would “automatically terminate upon service of a formal notice of disciplinary
action or 30 days after its commencement.”
8 Since February 2018, the University has re-issued this 30-day “temporary” suspension
forty-three (43) times. With each 30-day “temporary” suspension came a letter from the
University stating that it was “investigating” allegations against me. Each of the University’s
letters stated that “the University has engaged an outside investigator, Bianca S. Samuel with
Wilke, Fleury, Hoffelt, Gould, & Birney, to examine the alleged concerns regarding your
teaching and other professional responsibilities. She continues to examine the concerns raised
in prior Notices of Temporary Suspension.” (Emphasis added). A true and correct copy of one
10 of the dozens of suspension notices I have received over the years (all including the quoted
11 paragraph above) is attached hereto as Exhibit 1.
12 9 Since February 2018, I have been “temporarily” suspended anew every thirty (or so)
13 days for forty-four (44) months (as of this writing). On September 16, 2021, I received the most
14 recent notice of “temporary” 30-day suspension from the University.
15 10. In August 2018, I filed a governmental tort claim notice with California State
16 University. I never received any letter from the University stating that the claim was rejected.
17 Nor have I been informed by counsel that such a rejection was provided.
18 11. The Fresno Post Office Box listed on the Proof of Service attached to the rejection
19 letter provided by the University with its motion does not belong to my counsel (the law firm
20 of Altshuler Berzon LLP) and it never has. It is my personal Post Office Box and I am the only
21 party authorized to received mail at that Box.
22 12. On at least five different occasions (dated December 13, 2017, March 11, 2019 (two
23 notices), August 2, 2019, and September 30, 2019), I notified the University that the Fresno
24 Post Office Box was my personal mailing address. See Exhibit 2.
25 13. I am informed and believe that it is the policy of the United States Postal Service that
26 there is “only one (1) official (primary) box holder for a PO Box” and that “[o]ther adult persons
27 who receive mail in the PO Box of an individual box customer must be listed on [the PO Box
28
PLAINTIFF’S DEC ISO PLAINTIFF’S MOTION TO LIFT STAY OF DISCOVERY
-4-
application] PS Form 1093 and must present two forms of acceptable identification.” (See USPS
Article Number 000002852 at: https://faq.usps.com/s/article/PO-Box-The-Basics)
14. I never listed Altshuler Berzon, LLP (or any of its employees, or anyone else) as an
authorized recipient of mail in my Post Office Box.
15. I never authorized the University to communicate its response to my Tort Claim
Notice to Althsuler Berzon, LLP.
16. When transmitting official University correspondences, the University frequently
used traceable methods (e.g. electronic mail, certified mail, etc.) For example, each of the
University’s suspension letters were emailed to me (a PDFs or MSWord documents) at my
10 campus email address; they were mailed via campus mail to my campus office; and they were
11 mailed to my Fresno Post Office Box. On multiple occasions, the University transmitted official
12 correspondence via third-party online (e-signature and record keeping) vendors such as Maxient
13 and Docusign.
14 17. In June 2019, I filed a governmental tort claim with California State University. I
15 never received any letter from the University stating that the claim was late or untimely filed.
16 Nor was I ever informed by counsel that such a notice was provided.
17 18. lam in possession ofa letter entitled “Faculty Accommodation Notification” (“Letter”
18 hereinafter) provided to me by a student identified in the Wilke Fleury “investigation” report as
19 Witness R. A true and correct copy of the letter is attached hereto as Exhibit 3 (with the
20 student’s name redacted). The Letter was issued on February 9, 2016 by Ms. Jeanette Johnson,
21 who is represented in the Letter as a Disability Management Specialist at CSU-Fresno’s office
22 of Services for Students with Disabilities (“SSD” hereinafter). The Letter identifies two specific
23 “testing accommodations” authorized by the University’s SSD office for Witness R in one of
24 my courses, ID 120 (Design History/Theory & Tours III), in the Spring 2016 semester.
25 Specifically, Witness R was authorized to be have a “Quiet or Private (if Available)” space, and
26 “Time + 4” to take “tests” in the course. Contrary to allegations made by Witness R and the
27 University, I did not refuse to receive the SSD Letter from Witness R; indeed, I still have the
28 letter in my possession to this day. And contrary to allegations made by Witness R and the
PLAINTIFF’S DEC ISO PLAINTIFF’S MOTION TO LIFT STAY OF DISCOVERY
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University, the Letter does not authorize any note-taking accommodation for Witness R, neither
by any recording device (to record lectures), nor with the assistance of a volunteer note-taker
(both are specifically marked by the SSD as Not Applicable (“N/A”) in Witness R’s case).
I declare under the penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on October 5, 2021 in Los Angeles, California.
Dated: October 5, 2021
10
A. Same’ “ar awy
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PLAINTIFF’S DEC ISO PLAINTIFF’S MOTION TO LIFT STAY OF DISCOVERY
wee
Exhibit 1
SEATE
January 19, 2020
LRESNSD
California PRIVATE & CONFIDENTIAL - Delivered via email, campus mail, and US Mail
State
University, Dr. A. Sameh El Kharbawy
Fresno P.O. Box 5335
Fresno, CA 93755-5335
——_
Department of Art and Design
Conley Art 105
5225 N Backer M/S CA65
Fresno, CA 93740-8001
RE: Temporary Suspension with Pay Extended
Dear Dr. El Kharbawy:
The purpose of this letter is to inform you that your current temporary suspension with pay is
being extended for another 30 days pursuant to Article 17 of the Collective Bargaining
Agreement between Califomia State University and the Califomia Faculty Association. A copy
of Article 17 is enclosed.
While on suspension, you are to be available for any meetings with the campus personnel or
extemal investigators in order to clarify any concerns related to your University employment..
As indicated in prior notices, the University has engaged an outside investigator, Bianca S.
Samuel with Wilke, Fleury, Hoffelt, Gould. & Bimey, to examine the alleged concems
regarding your teaching and other professional responsibilities. She continues to examine the
concems raised in prior Notices of Temporary Suspension. As part of your ongoing
responsibilities, you are expected to cooperate fully with the University’s investigators and work
with them to schedule times for investigative interviews without unreasonable preconditions.
You are directed not to access any campus information systems while you are on suspension,
except for email. Furthermore, you are not to be on campus during this temporary
suspension. If you have a compelling reason to be on campus, contact me and appropriate
arrangements will be made. This request is not intended to limit your right to contact union
representatives pursuant to the collective bargaining agreement.
Unless you receive earlier notice that this suspension is terminated or extended, it shall
automatically terminate upon service of a formal notice of disciplinary action or 30 days after
its commencement, whichever occurs first. The University will keep you apprised of your
employment status as decisions are made.
Sincerely,
YX Baow
Office of Faculty Affairs Marsha L. Baum
‘Administrative Center
Henry Madden Library Associate Vice President, Faculty Affairs
5200 North Barton Avene, ML55
Fresno, CA 93740-8014
Phone: 559 278 3027 c Satil Jiménez-Sandoval. Interim President
Fax: 559278 8190 Xuanning Fu, Imterim Provost and Vice President for Academic Affairs
‘www fresnostate edu/aps Bernadette Muscat, Dean of Undergraduate Studies for PAF
Employment File
Exhibit 2
From: ‘A. Sameh El Kharbawy; Ph.D aeikharbawy@csutresno edu BP
Subject Privacy Confiden iali y & Communica
ions Pro ocol
Date: December 13 2017 154 PM
To: mbard@cals ae edu thanson@cals ae edu maryloum@csufresno edu
Ce: ‘A Sameh El Kharbawy Ph D aelkharbawy@csutresno edu dhamm@cals ae edu Kevin Schwin Kevin@Schwinlaw com
December 13, 2017
VIA EMAIL ONLY
Re: Privacy, Confidentiality & Communications Protocol
Dear Ms. Bard, Ms. Hanson and Ms. Mendoza-Miller,
Please direct all communications and correspondence related to my grievances, complaints and protected
disclosures to the following mailing address:
c/o Dr. A. Sameh El Kharbawy
P.O.Box 5335
Fresno, CA 93755-5335
And all electronic communications to the following email address: aelkharbawy@csufresno.edu,
Additionally, if you have not yet done so, please take the necessary measures to ensure that my grievances,
complaints and protected disclosures are not disclosed, shared with, or accessed by anyone except authorized
is est) and only to the extent warranted by their official
duties, and that they are handled in a manner that violates neither their confidentiality nor my privacy rights.
‘Toward those ends, | further request that you direct all appropriate University offices and personnel not to
disclose or release any information related to my grievances, complaints and protected disclosures (including any
documents, evidence, opinions, personnel/employment records, etc.) to any individuals, entities or third parties
without my explicit written consent.
Sincerely,
A. Sameh El Kharbawy
« Darryl Hamm
University Counsel
SchwinLaw, PC
Co-Counsel
A. Sameh El Kharbawy
Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC CC
Professor
California State University
Address:
5225 North Backer Avenue M/S CA 65,
Fresno, California 93740 8001
Phone: 559.278.4840
Fax: 559.278.4706
FRESNG
STATE
Discovery Oversty Ostinction
"Conf ity Notice
This e mail and all its contents and any files attached toit are confidential and may contain legally privileged
information. They are intended solely for the use of the individual(s) or entities to whom they are addressed.
Unauthorized interception, review, use, or disclosure (induding forwarding) is prohibited and may violate applicable
laws including the Electronic Communications Privacy Act. f you received this e mail in error, or are not (among) the
intended recipients, please notify the sender and destroy all copies of the communication.
CONFIDENTIAL
March 11, 2019
VIA EMAIL & FEDEX
Marsha Baum, J.D
Associate Vice President of Faculty Affairs
Henry Madden Library, 4th Floor
Haak Administrative Center
5200 N. Barton Ave, M/S ML55
Fresno, CA 93740
baum@mail.fresnostate.edu
Re: Notice of Representation and Mailing/ Contact Information
Dear Ms. Baum,
Ihave retained the law firm of Stuart and Musell, LLP to represent me in my
cases/ complaints against California State University and members of the
University administration. Please direct all future inquiries related to those
matters to:
Stewart and Musell, LLP
Attn: Ms. Wendy Musell
2200 Powell Street, #440
Emeryville, CA 94608
(415) 275-3051
Email: wmusell@stewartandmusell.com
Additionally, please note that my current mailing address is:
A. Sameh El Kharbawy
P.O.Box 5335
Fresno, CA 93755-5335
Electronically, I can be reached at my University email address:
aelkharbawy@csufresno.edu
Sincerely,
/S/
A. Sameh El Kharbawy, PhD, MBA, MArch
Professor
California State University, Fresno
Marsha Baum
Mar. 13, 2019
Page 2 of2
Counsel
Stewart and Musell, LLP
Encl.
- December 13, 2017 email to University administration.
From: ‘A. Sameh El Kharbawy; Ph.D aeikharbawy@csutresno edu BP
Subject Privacy Confiden iali y & Communica
ions Pro ocol
Date: December 13 2017 154 PM
To: mbard@cals ae edu thanson@cals ae edu maryloum@csufresno edu
Ce: ‘A Sameh El Kharbawy Ph D aelkharbawy@csutresno edu dhamm@cals ae edu Kevin Schwin Kevin@Schwinlaw com
December 13, 2017
VIA EMAIL ONLY
Re: Privacy, Confidentiality & Communications Protocol
Dear Ms. Bard, Ms. Hanson and Ms. Mendoza-Miller,
Please direct all communications and correspondence related to my grievances, complaints and protected
disclosures to the following mailing address:
c/o Dr. A. Sameh El Kharbawy
P.O.Box 5335
Fresno, CA 93755-5335
And all electronic communications to the following email address: aelkharbawy@csufresno.edu,
Additionally, if you have not yet done so, please take the necessary measures to ensure that my grievances,
complaints and protected disclosures are not disclosed, shared with, or accessed by anyone except authorized
is est) and only to the extent warranted by their official
duties, and that they are handled in a manner that violates neither their confidentiality nor my privacy rights.
‘Toward those ends, | further request that you direct all appropriate University offices and personnel not to
disclose or release any information related to my grievances, complaints and protected disclosures (including any
documents, evidence, opinions, personnel/employment records, etc.) to any individuals, entities or third parties
without my explicit written consent.
Sincerely,
A. Sameh El Kharbawy
« Darryl Hamm
University Counsel
SchwinLaw, PC
Co-Counsel
A. Sameh El Kharbawy
Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC CC
Professor
California State University
Address:
5225 North Backer Avenue M/S CA 65,
Fresno, California 93740 8001
Phone: 559.278.4840
Fax: 559.278.4706
FRESNG
STATE
Discovery Oversty Ostinction
"Conf ity Notice
This e mail and all its contents and any files attached toit are confidential and may contain legally privileged
information. They are intended solely for the use of the individual(s) or entities to whom they are addressed.
Unauthorized interception, review, use, or disclosure (induding forwarding) is prohibited and may violate applicable
laws including the Electronic Communications Privacy Act. f you received this e mail in error, or are not (among) the
intended recipients, please notify the sender and destroy all copies of the communication.
CONFIDENTIAL
March 11, 2019
VIA EMAIL & FEDEX
Marylou Mendoza-Miller
Associate Vice President of Human Resources
California State University, Fresno
Joyal Administration Building
Room 211 5150 N. Maple Avenue M/SJA41
Fresno, CA 93740
maryloum@csufresno.edu
Re: Notice of Representation and Mailing/ Contact Information
Dear Ms. Mendoza Miller,
Ihave retained the law firm of Stuart and Musell, LLP to represent me in my
cases/ complaints against California State University and members of the
University administration. Please direct all future inquiries related to those
matters to:
Stewart and Musell, LLP
Attn: Ms. Wendy Musell
2200 Powell Street, #440
Emeryville, CA 94608
(415) 275-3051
Email: wmusell@stewartandmusell.com
Additionally, please note that my current mailing address is:
A. Sameh El Kharbawy
P.O.Box 5335
Fresno, CA 93755-5335
Electronically, I can be reached at my University email address:
aelkharbawy@csufresno.edu
Sincerely,
/S/
A. Sameh El Kharbawy, PhD, MBA, MArch
Professor
California State University, Fresno
Marsha Baum
Mar. 13, 2019
Page 2 of2
Stewart and Musell, LLP
Encl.
- December 13, 2017 email to University administration.
From: ‘A. Sameh El Kharbawy; Ph.D aeikharbawy@csutresno edu BP
Subject Privacy Confiden iali y & Communica
ions Pro ocol
Date: December 13 2017 154 PM
To: mbard@cals ae edu thanson@cals ae edu maryloum@csufresno edu
Ce: ‘A Sameh El Kharbawy Ph D aelkharbawy@csutresno edu dhamm@cals ae edu Kevin Schwin Kevin@Schwinlaw com
December 13, 2017
VIA EMAIL ONLY
Re: Privacy, Confidentiality & Communications Protocol
Dear Ms. Bard, Ms. Hanson and Ms. Mendoza-Miller,
Please direct all communications and correspondence related to my grievances, complaints and protected
disclosures to the following mailing address:
c/o Dr. A. Sameh El Kharbawy
P.O.Box 5335
Fresno, CA 93755-5335
And all electronic communications to the following email address: aelkharbawy@csufresno.edu,
Additionally, if you have not yet done so, please take the necessary measures to ensure that my grievances,
complaints and protected disclosures are not disclosed, shared with, or accessed by anyone except authorized
is est) and only to the extent warranted by their official
duties, and that they are handled in a manner that violates neither their confidentiality nor my privacy rights.
‘Toward those ends, | further request that you direct all appropriate University offices and personnel not to
disclose or release any information related to my grievances, complaints and protected disclosures (including any
documents, evidence, opinions, personnel/employment records, etc.) to any individuals, entities or third parties
without my explicit written consent.
Sincerely,
A. Sameh El Kharbawy
« Darryl Hamm
University Counsel
SchwinLaw, PC
Co-Counsel
A. Sameh El Kharbawy
Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC CC
Professor
California State University
Address:
5225 North Backer Avenue M/S CA 65,
Fresno, California 93740 8001
Phone: 559.278.4840
Fax: 559.278.4706
FRESNG
STATE
Discovery Oversty Ostinction
"Conf ity Notice
This e mail and all its contents and any files attached toit are confidential and may contain legally privileged
information. They are intended solely for the use of the individual(s) or entities to whom they are addressed.
Unauthorized interception, review, use, or disclosure (induding forwarding) is prohibited and may violate applicable
laws including the Electronic Communications Privacy Act. f you received this e mail in error, or are not (among) the
intended recipients, please notify the sender and destroy all copies of the communication.
CONFIDENTIAL
August 2, 2019
VIA EMAIL & CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Tina Leung
Systemwide Human Resources
DHR/Whistleblower /Equal Opportunity Compliance
401 Golden Shore
Long Beach, CA 90802-4210
Re: Notice of Mailing/ Contact Information
Dear Ms. Leung,
This letter notifies you that my mailing address (for all official correspondence)
is:
A. Sameh El Kharbawy
P.O.Box 5335
Fresno, CA 93755-5335
Electronically, I can be reached at my University email address:
aelkharbawy@csufresno.edu
Sincerely,
/S/
A. Sameh El Kharbawy, PhD, MBA, MArch
Professor
California State University, Fresno
Counsel
Tammy Kenber; Associate Vice Chancellor, Human Resources, CSU
Marylou Mendoza-Miller, Associate Vice President for Human Resources,
CSU-Fresno
From: A. Sameh El Kharbawy; Ph.D ae kharbawy@csufresnoedu
Subject Re: Attached |
Date: September
30, 2019 at 10:25 AM
To Marsha Baum baum@ma _fresnostate.edu
Ce: Wendy Muse wmuse @stewartandmuse .com
Bec: ae kharbawy@csufresno.edu
Ms. Baum,
Please see my March 11, 2019 notice (forwarded below) of legal representation (cc’d on this email), and my current mailing
address. | again request that you mail all official correspondence
to me at the following address
A.Sameh El Kharbawy
P.O.Box 5335
Fresno, CA 93755 5335
Electronically, | can be reached at my University email address: aelkharbawy@csufresno.ed:
Begin forwarded message:
From: "A. Sameh E Kharbawy; Ph.D" <:;
Subject: Notice of Representation and Mailing Address/Contact nforination
Date: March 11, 2019 at 9:10:00 AM PDT
To: Marsha Baum
Cc: Wendy Muse , "A. SamehE Kharbawy; Ph.D"
Please see the attached letter.
A. Sameh El Kharbawy
Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC
Professor
California State University
A. Sameh El Kharbawy
Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC
Professor
California State University
Confidentiality Notice: The contents of this email message and any documents, files or previous e-mail
messages attached to it are intended solely for the identified addressee(s) and may contain
confidential and/or legally privileged information and may be protected from disclosure,
dissemination. If you are not the intended recipient of this message, or if this message has been
addressed to you in error, please immediately alert the sender by reply email and then delete this
message and all its attachments. If you are not the intended recipient, you are hereby notified that
any use, dissemination, distribution, copying, or storage of this communication or any of its
attachments is strictly prohibited
a
Exhibit 3
California State University, Fresno
Services for Students with Disabilities
Faculty Accommodation Notificatio
Date: February 9, 2016
Re: Student Name: ID#: 107202153
To: Professor of Class: El Kharbawy,A. Sameh Class#: 33207
Class/Section/Descr: ID 120 - 5 Hist/Theory III Term: Spring 2016
Days/Time: Th 18:00 - 19:50 Room#: Conley Art Building
Room 101
=-
From: 1 eanette Johnson, Disability Management Specialist
anjohnson@csufresno.edu
jeanjohnson@csufresno.edu, , (559) 278-2811
Hello,
| am writing to confirm that the above named student has registered as having a disability with Services for
Students with Disabilities (SSD). SSD has been designated by the California State University Chancellor's
Office to be the appropriate on campus resource for determining academic adjustments for students with
disabilities.
Accommodations are determined by: appropriate documentation, professional's recommendation, and interview
with the student. The following accommodations have been formerly approved.
Category Accommodation
Notetaking DigitatReeorder /U4-
Notetaking Velaateer WS Lf
Student has testing accommodations: Yes
Quiet or Private (if Available)
Time + 1/2
Notes:
Please note that the accommodations are in effect from the date that the student provides you with this
notification and should not be applied retroactively to previous work in the semester or completed course work.
ONLINE EXAMS
If this is an online course or you administer exams through Blackboard, you may extend the exam by
the accommodated time above. Please refer to the blue Testing Accommodation instruction sheet
included in this letter.
Thank you for your help. If you have any questions or need any additional assistance please contact me.
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Andrew Hillier (State Bar No. 295779) Hillier Law 600 W. Broadway, Suite 700 E-FILED San Diego, CA 92101 10/5/2021 2:54 PM Telephone: (619) 500-7906 Superior Court of California Facsimile: (619) 839-3895 County of Fresno andrew@ahillierlaw.com By: S. Garcia, Deputy Attorney for Plaintiff, Dr. A. Sameh El Kharbawy SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO A. SAMEH EL KHARBAWY, Case No.: 21CECG02214 10 Plaintiff, DECLARATION OF A. SAMEH EL 11 KHARBAWY IN SUPPORT OF Vs. PLAINTIFF’S MOTION TO LIFT STAY 12 OF DISCOVERY 13 BOARD OF TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY; Hearing Date: April 21, 2022 14 Hearing Time: 3:30 p.m. DARRYL L. HAMM, an individual; Dept.: 503 15 LYNNETTE ZELEZNY, an individual; Judge: Hon. Kimberly A. Gaab JOSEPH I. CASTRO, an individual; 16 SAUL JIMENEZ-SANDOVAL, an individual; XUANNING FU, an individual; 17 AND DOES | through 50, 18 Defendants. 19 I, A. Sameh El Kharbawy, declare and state as follows: 20 1 I am over the age of eighteen years old, and if called as a witness to testify in this 21 matter, I could and would competently testify to the following matters as being of my own 22 personal knowledge. 23 2 I am the Plaintiff in the above-entitled matter and make this declaration in support of 24 Plaintiff's Motion to Lift the Stay of Discovery. 25 3 I am a tenured Professor of Art and Design at California State University, Fresno 26 (hereinafter “CSU-Fresno” or “University”). 27 4 Between 2014 and 2019 I submitted written complaints to the administration of CSU- 28 Fresno and its Human Resources department. I also filed complaints with the Office of General PLAINTIFF’S DEC ISO PLAINTIFF’S MOTION TO LIFT STAY OF DISCOVERY -1- 1 Counsel and the Office of the Chancellor of the California State University system (in Long 2 Beach, California). In these complaints, I reported unlawful conduct, and improper government 3 activities at CSU-Fresno. For example: 4.1. University officials committed fraud, misrepresentation plagiarism, and knowingly engaged in unlawful behavior to fraudulently procure accreditation for the University’s Interior Design program in 2016-2017; 4.2 The University failed to conduct a fair and lawful faculty search to fill an open faculty position in the University’s Department of Art and Design, when they discriminated against women applicants on the basis of gender and/or age; 10 43 The University failed to conduct a fair and lawful faculty search to fill an open 11 faculty position in the University’s Middle East Studies program, when they 12 abruptly cancelled the search (citing procedural pretexts) after four candidates 13 —of Middle Eastern descent—were announced as finalists to fill the position; 14 44 The University discriminated against individuals of Middle Eastern descent on 15 the basis of their race, national origin, religion and/or and ethnic background; 16 4.5 University officials fomented a culture of racism and discrimination against 17 individuals of Middle Eastern descent on the CSU Fresno campus; 18 4.6 University officials discriminated, retaliated against and harassed me because 19 of my actual or perceived ancestry, national origin, race, association with 20 members ofa protected class, engagement in protected activity, including my 21 opposition to and whistleblower disclosures of crimes and unlawful conduct 22 perpetrated by University employees and officials; 23 47 University officials denied me a leadership position on campus in retaliation 24 for my protected activity, and failed to honor my several requests to provide 25 any records or evidence of the position’s bona fides; 26 4.8 University officials and employees engaged in making, propagating, 27 publishing and disseminating defamatory allegations and comments about me; 28 PLAINTIFF’S DEC ISO PLAINTIFF’S MOTION TO LIFT STAY OF DISCOVERY -2- 4.9 The University denied me equal pay, in line with the salary and wages paid to similarly ranked and tenured professors at the University; 4.10 University officials subjected me to threats, intimidation, increased scrutiny, professional isolation (for years) and improper tampering with my Personnel Action File; 4.11 University officials conspired with other University employees and exploited students to harass me (for example, with manufactured allegations); 4.12 The University failed to investigate my complaints of discrimination, retaliation and harassment within the timeframes stipulated by the University’s 10 own policies and Executive Orders; 11 4.13 The University failed to take the appropriate steps to address, end or prevent 12 the discrimination, retaliation and harassment; 13 4.14 The University failed to take the appropriate steps to enforce its anti- 14 discrimination, retaliation and harassment policies. 15 5 By opposing these practices, I engaged in what I believed to be legally protected 16 activity, and hoped that the University would not only address and remedy these wrongs, but 17 that it would also change the professional culture at CSU Fresno, which seemingly tolerated 18 and often encouraged illegal behavior. 19 6. On January 30, 2018, I informed the Office of the Chancellor of California State 20 University, and CSU-Fresno’s Human Resources Department of my intention to report the 21 illegal and fraudulent conduct by University officials as well as the improper government 22 activities at the University to outside government agencies for external investigations, including 23 by the State Auditor’s office. 7 24 Six days later, on February 5, 2018, the University placed me on “temporary” 25 suspension. In its suspension notice, the University stated that the suspension was pursuant to 26 Article 17 of the Collective Bargaining Agreement between the California Faculty Association 27 and the California State University (“the CBA”). The University’s suspension notice stated that 28 PLAINTIFF’S DEC ISO PLAINTIFF’S MOTION TO LIFT STAY OF DISCOVERY -3- the suspension would “automatically terminate upon service of a formal notice of disciplinary action or 30 days after its commencement.” 8 Since February 2018, the University has re-issued this 30-day “temporary” suspension forty-three (43) times. With each 30-day “temporary” suspension came a letter from the University stating that it was “investigating” allegations against me. Each of the University’s letters stated that “the University has engaged an outside investigator, Bianca S. Samuel with Wilke, Fleury, Hoffelt, Gould, & Birney, to examine the alleged concerns regarding your teaching and other professional responsibilities. She continues to examine the concerns raised in prior Notices of Temporary Suspension.” (Emphasis added). A true and correct copy of one 10 of the dozens of suspension notices I have received over the years (all including the quoted 11 paragraph above) is attached hereto as Exhibit 1. 12 9 Since February 2018, I have been “temporarily” suspended anew every thirty (or so) 13 days for forty-four (44) months (as of this writing). On September 16, 2021, I received the most 14 recent notice of “temporary” 30-day suspension from the University. 15 10. In August 2018, I filed a governmental tort claim notice with California State 16 University. I never received any letter from the University stating that the claim was rejected. 17 Nor have I been informed by counsel that such a rejection was provided. 18 11. The Fresno Post Office Box listed on the Proof of Service attached to the rejection 19 letter provided by the University with its motion does not belong to my counsel (the law firm 20 of Altshuler Berzon LLP) and it never has. It is my personal Post Office Box and I am the only 21 party authorized to received mail at that Box. 22 12. On at least five different occasions (dated December 13, 2017, March 11, 2019 (two 23 notices), August 2, 2019, and September 30, 2019), I notified the University that the Fresno 24 Post Office Box was my personal mailing address. See Exhibit 2. 25 13. I am informed and believe that it is the policy of the United States Postal Service that 26 there is “only one (1) official (primary) box holder for a PO Box” and that “[o]ther adult persons 27 who receive mail in the PO Box of an individual box customer must be listed on [the PO Box 28 PLAINTIFF’S DEC ISO PLAINTIFF’S MOTION TO LIFT STAY OF DISCOVERY -4- application] PS Form 1093 and must present two forms of acceptable identification.” (See USPS Article Number 000002852 at: https://faq.usps.com/s/article/PO-Box-The-Basics) 14. I never listed Altshuler Berzon, LLP (or any of its employees, or anyone else) as an authorized recipient of mail in my Post Office Box. 15. I never authorized the University to communicate its response to my Tort Claim Notice to Althsuler Berzon, LLP. 16. When transmitting official University correspondences, the University frequently used traceable methods (e.g. electronic mail, certified mail, etc.) For example, each of the University’s suspension letters were emailed to me (a PDFs or MSWord documents) at my 10 campus email address; they were mailed via campus mail to my campus office; and they were 11 mailed to my Fresno Post Office Box. On multiple occasions, the University transmitted official 12 correspondence via third-party online (e-signature and record keeping) vendors such as Maxient 13 and Docusign. 14 17. In June 2019, I filed a governmental tort claim with California State University. I 15 never received any letter from the University stating that the claim was late or untimely filed. 16 Nor was I ever informed by counsel that such a notice was provided. 17 18. lam in possession ofa letter entitled “Faculty Accommodation Notification” (“Letter” 18 hereinafter) provided to me by a student identified in the Wilke Fleury “investigation” report as 19 Witness R. A true and correct copy of the letter is attached hereto as Exhibit 3 (with the 20 student’s name redacted). The Letter was issued on February 9, 2016 by Ms. Jeanette Johnson, 21 who is represented in the Letter as a Disability Management Specialist at CSU-Fresno’s office 22 of Services for Students with Disabilities (“SSD” hereinafter). The Letter identifies two specific 23 “testing accommodations” authorized by the University’s SSD office for Witness R in one of 24 my courses, ID 120 (Design History/Theory & Tours III), in the Spring 2016 semester. 25 Specifically, Witness R was authorized to be have a “Quiet or Private (if Available)” space, and 26 “Time + 4” to take “tests” in the course. Contrary to allegations made by Witness R and the 27 University, I did not refuse to receive the SSD Letter from Witness R; indeed, I still have the 28 letter in my possession to this day. And contrary to allegations made by Witness R and the PLAINTIFF’S DEC ISO PLAINTIFF’S MOTION TO LIFT STAY OF DISCOVERY -5- University, the Letter does not authorize any note-taking accommodation for Witness R, neither by any recording device (to record lectures), nor with the assistance of a volunteer note-taker (both are specifically marked by the SSD as Not Applicable (“N/A”) in Witness R’s case). I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 5, 2021 in Los Angeles, California. Dated: October 5, 2021 10 A. Same’ “ar awy ll 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 ZT 28 LL PLAINTIFF’S DEC ISO PLAINTIFF’S MOTION TO LIFT STAY OF DISCOVERY wee Exhibit 1 SEATE January 19, 2020 LRESNSD California PRIVATE & CONFIDENTIAL - Delivered via email, campus mail, and US Mail State University, Dr. A. Sameh El Kharbawy Fresno P.O. Box 5335 Fresno, CA 93755-5335 ——_ Department of Art and Design Conley Art 105 5225 N Backer M/S CA65 Fresno, CA 93740-8001 RE: Temporary Suspension with Pay Extended Dear Dr. El Kharbawy: The purpose of this letter is to inform you that your current temporary suspension with pay is being extended for another 30 days pursuant to Article 17 of the Collective Bargaining Agreement between Califomia State University and the Califomia Faculty Association. A copy of Article 17 is enclosed. While on suspension, you are to be available for any meetings with the campus personnel or extemal investigators in order to clarify any concerns related to your University employment.. As indicated in prior notices, the University has engaged an outside investigator, Bianca S. Samuel with Wilke, Fleury, Hoffelt, Gould. & Bimey, to examine the alleged concems regarding your teaching and other professional responsibilities. She continues to examine the concems raised in prior Notices of Temporary Suspension. As part of your ongoing responsibilities, you are expected to cooperate fully with the University’s investigators and work with them to schedule times for investigative interviews without unreasonable preconditions. You are directed not to access any campus information systems while you are on suspension, except for email. Furthermore, you are not to be on campus during this temporary suspension. If you have a compelling reason to be on campus, contact me and appropriate arrangements will be made. This request is not intended to limit your right to contact union representatives pursuant to the collective bargaining agreement. Unless you receive earlier notice that this suspension is terminated or extended, it shall automatically terminate upon service of a formal notice of disciplinary action or 30 days after its commencement, whichever occurs first. The University will keep you apprised of your employment status as decisions are made. Sincerely, YX Baow Office of Faculty Affairs Marsha L. Baum ‘Administrative Center Henry Madden Library Associate Vice President, Faculty Affairs 5200 North Barton Avene, ML55 Fresno, CA 93740-8014 Phone: 559 278 3027 c Satil Jiménez-Sandoval. Interim President Fax: 559278 8190 Xuanning Fu, Imterim Provost and Vice President for Academic Affairs ‘www fresnostate edu/aps Bernadette Muscat, Dean of Undergraduate Studies for PAF Employment File Exhibit 2 From: ‘A. Sameh El Kharbawy; Ph.D aeikharbawy@csutresno edu BP Subject Privacy Confiden iali y & Communica ions Pro ocol Date: December 13 2017 154 PM To: mbard@cals ae edu thanson@cals ae edu maryloum@csufresno edu Ce: ‘A Sameh El Kharbawy Ph D aelkharbawy@csutresno edu dhamm@cals ae edu Kevin Schwin Kevin@Schwinlaw com December 13, 2017 VIA EMAIL ONLY Re: Privacy, Confidentiality & Communications Protocol Dear Ms. Bard, Ms. Hanson and Ms. Mendoza-Miller, Please direct all communications and correspondence related to my grievances, complaints and protected disclosures to the following mailing address: c/o Dr. A. Sameh El Kharbawy P.O.Box 5335 Fresno, CA 93755-5335 And all electronic communications to the following email address: aelkharbawy@csufresno.edu, Additionally, if you have not yet done so, please take the necessary measures to ensure that my grievances, complaints and protected disclosures are not disclosed, shared with, or accessed by anyone except authorized is est) and only to the extent warranted by their official duties, and that they are handled in a manner that violates neither their confidentiality nor my privacy rights. ‘Toward those ends, | further request that you direct all appropriate University offices and personnel not to disclose or release any information related to my grievances, complaints and protected disclosures (including any documents, evidence, opinions, personnel/employment records, etc.) to any individuals, entities or third parties without my explicit written consent. Sincerely, A. Sameh El Kharbawy « Darryl Hamm University Counsel SchwinLaw, PC Co-Counsel A. Sameh El Kharbawy Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC CC Professor California State University Address: 5225 North Backer Avenue M/S CA 65, Fresno, California 93740 8001 Phone: 559.278.4840 Fax: 559.278.4706 FRESNG STATE Discovery Oversty Ostinction "Conf ity Notice This e mail and all its contents and any files attached toit are confidential and may contain legally privileged information. They are intended solely for the use of the individual(s) or entities to whom they are addressed. Unauthorized interception, review, use, or disclosure (induding forwarding) is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. f you received this e mail in error, or are not (among) the intended recipients, please notify the sender and destroy all copies of the communication. CONFIDENTIAL March 11, 2019 VIA EMAIL & FEDEX Marsha Baum, J.D Associate Vice President of Faculty Affairs Henry Madden Library, 4th Floor Haak Administrative Center 5200 N. Barton Ave, M/S ML55 Fresno, CA 93740 baum@mail.fresnostate.edu Re: Notice of Representation and Mailing/ Contact Information Dear Ms. Baum, Ihave retained the law firm of Stuart and Musell, LLP to represent me in my cases/ complaints against California State University and members of the University administration. Please direct all future inquiries related to those matters to: Stewart and Musell, LLP Attn: Ms. Wendy Musell 2200 Powell Street, #440 Emeryville, CA 94608 (415) 275-3051 Email: wmusell@stewartandmusell.com Additionally, please note that my current mailing address is: A. Sameh El Kharbawy P.O.Box 5335 Fresno, CA 93755-5335 Electronically, I can be reached at my University email address: aelkharbawy@csufresno.edu Sincerely, /S/ A. Sameh El Kharbawy, PhD, MBA, MArch Professor California State University, Fresno Marsha Baum Mar. 13, 2019 Page 2 of2 Counsel Stewart and Musell, LLP Encl. - December 13, 2017 email to University administration. From: ‘A. Sameh El Kharbawy; Ph.D aeikharbawy@csutresno edu BP Subject Privacy Confiden iali y & Communica ions Pro ocol Date: December 13 2017 154 PM To: mbard@cals ae edu thanson@cals ae edu maryloum@csufresno edu Ce: ‘A Sameh El Kharbawy Ph D aelkharbawy@csutresno edu dhamm@cals ae edu Kevin Schwin Kevin@Schwinlaw com December 13, 2017 VIA EMAIL ONLY Re: Privacy, Confidentiality & Communications Protocol Dear Ms. Bard, Ms. Hanson and Ms. Mendoza-Miller, Please direct all communications and correspondence related to my grievances, complaints and protected disclosures to the following mailing address: c/o Dr. A. Sameh El Kharbawy P.O.Box 5335 Fresno, CA 93755-5335 And all electronic communications to the following email address: aelkharbawy@csufresno.edu, Additionally, if you have not yet done so, please take the necessary measures to ensure that my grievances, complaints and protected disclosures are not disclosed, shared with, or accessed by anyone except authorized is est) and only to the extent warranted by their official duties, and that they are handled in a manner that violates neither their confidentiality nor my privacy rights. ‘Toward those ends, | further request that you direct all appropriate University offices and personnel not to disclose or release any information related to my grievances, complaints and protected disclosures (including any documents, evidence, opinions, personnel/employment records, etc.) to any individuals, entities or third parties without my explicit written consent. Sincerely, A. Sameh El Kharbawy « Darryl Hamm University Counsel SchwinLaw, PC Co-Counsel A. Sameh El Kharbawy Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC CC Professor California State University Address: 5225 North Backer Avenue M/S CA 65, Fresno, California 93740 8001 Phone: 559.278.4840 Fax: 559.278.4706 FRESNG STATE Discovery Oversty Ostinction "Conf ity Notice This e mail and all its contents and any files attached toit are confidential and may contain legally privileged information. They are intended solely for the use of the individual(s) or entities to whom they are addressed. Unauthorized interception, review, use, or disclosure (induding forwarding) is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. f you received this e mail in error, or are not (among) the intended recipients, please notify the sender and destroy all copies of the communication. CONFIDENTIAL March 11, 2019 VIA EMAIL & FEDEX Marylou Mendoza-Miller Associate Vice President of Human Resources California State University, Fresno Joyal Administration Building Room 211 5150 N. Maple Avenue M/SJA41 Fresno, CA 93740 maryloum@csufresno.edu Re: Notice of Representation and Mailing/ Contact Information Dear Ms. Mendoza Miller, Ihave retained the law firm of Stuart and Musell, LLP to represent me in my cases/ complaints against California State University and members of the University administration. Please direct all future inquiries related to those matters to: Stewart and Musell, LLP Attn: Ms. Wendy Musell 2200 Powell Street, #440 Emeryville, CA 94608 (415) 275-3051 Email: wmusell@stewartandmusell.com Additionally, please note that my current mailing address is: A. Sameh El Kharbawy P.O.Box 5335 Fresno, CA 93755-5335 Electronically, I can be reached at my University email address: aelkharbawy@csufresno.edu Sincerely, /S/ A. Sameh El Kharbawy, PhD, MBA, MArch Professor California State University, Fresno Marsha Baum Mar. 13, 2019 Page 2 of2 Stewart and Musell, LLP Encl. - December 13, 2017 email to University administration. From: ‘A. Sameh El Kharbawy; Ph.D aeikharbawy@csutresno edu BP Subject Privacy Confiden iali y & Communica ions Pro ocol Date: December 13 2017 154 PM To: mbard@cals ae edu thanson@cals ae edu maryloum@csufresno edu Ce: ‘A Sameh El Kharbawy Ph D aelkharbawy@csutresno edu dhamm@cals ae edu Kevin Schwin Kevin@Schwinlaw com December 13, 2017 VIA EMAIL ONLY Re: Privacy, Confidentiality & Communications Protocol Dear Ms. Bard, Ms. Hanson and Ms. Mendoza-Miller, Please direct all communications and correspondence related to my grievances, complaints and protected disclosures to the following mailing address: c/o Dr. A. Sameh El Kharbawy P.O.Box 5335 Fresno, CA 93755-5335 And all electronic communications to the following email address: aelkharbawy@csufresno.edu, Additionally, if you have not yet done so, please take the necessary measures to ensure that my grievances, complaints and protected disclosures are not disclosed, shared with, or accessed by anyone except authorized is est) and only to the extent warranted by their official duties, and that they are handled in a manner that violates neither their confidentiality nor my privacy rights. ‘Toward those ends, | further request that you direct all appropriate University offices and personnel not to disclose or release any information related to my grievances, complaints and protected disclosures (including any documents, evidence, opinions, personnel/employment records, etc.) to any individuals, entities or third parties without my explicit written consent. Sincerely, A. Sameh El Kharbawy « Darryl Hamm University Counsel SchwinLaw, PC Co-Counsel A. Sameh El Kharbawy Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC CC Professor California State University Address: 5225 North Backer Avenue M/S CA 65, Fresno, California 93740 8001 Phone: 559.278.4840 Fax: 559.278.4706 FRESNG STATE Discovery Oversty Ostinction "Conf ity Notice This e mail and all its contents and any files attached toit are confidential and may contain legally privileged information. They are intended solely for the use of the individual(s) or entities to whom they are addressed. Unauthorized interception, review, use, or disclosure (induding forwarding) is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. f you received this e mail in error, or are not (among) the intended recipients, please notify the sender and destroy all copies of the communication. CONFIDENTIAL August 2, 2019 VIA EMAIL & CERTIFIED MAIL RETURN RECEIPT REQUESTED Tina Leung Systemwide Human Resources DHR/Whistleblower /Equal Opportunity Compliance 401 Golden Shore Long Beach, CA 90802-4210 Re: Notice of Mailing/ Contact Information Dear Ms. Leung, This letter notifies you that my mailing address (for all official correspondence) is: A. Sameh El Kharbawy P.O.Box 5335 Fresno, CA 93755-5335 Electronically, I can be reached at my University email address: aelkharbawy@csufresno.edu Sincerely, /S/ A. Sameh El Kharbawy, PhD, MBA, MArch Professor California State University, Fresno Counsel Tammy Kenber; Associate Vice Chancellor, Human Resources, CSU Marylou Mendoza-Miller, Associate Vice President for Human Resources, CSU-Fresno From: A. Sameh El Kharbawy; Ph.D ae kharbawy@csufresnoedu Subject Re: Attached | Date: September 30, 2019 at 10:25 AM To Marsha Baum baum@ma _fresnostate.edu Ce: Wendy Muse wmuse @stewartandmuse .com Bec: ae kharbawy@csufresno.edu Ms. Baum, Please see my March 11, 2019 notice (forwarded below) of legal representation (cc’d on this email), and my current mailing address. | again request that you mail all official correspondence to me at the following address A.Sameh El Kharbawy P.O.Box 5335 Fresno, CA 93755 5335 Electronically, | can be reached at my University email address: aelkharbawy@csufresno.ed: Begin forwarded message: From: "A. Sameh E Kharbawy; Ph.D" <:; Subject: Notice of Representation and Mailing Address/Contact nforination Date: March 11, 2019 at 9:10:00 AM PDT To: Marsha Baum Cc: Wendy Muse , "A. SamehE Kharbawy; Ph.D" Please see the attached letter. A. Sameh El Kharbawy Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC Professor California State University A. Sameh El Kharbawy Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC Professor California State University Confidentiality Notice: The contents of this email message and any documents, files or previous e-mail messages attached to it are intended solely for the identified addressee(s) and may contain confidential and/or legally privileged information and may be protected from disclosure, dissemination. If you are not the intended recipient of this message, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and all its attachments. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution, copying, or storage of this communication or any of its attachments is strictly prohibited a Exhibit 3 California State University, Fresno Services for Students with Disabilities Faculty Accommodation Notificatio Date: February 9, 2016 Re: Student Name: ID#: 107202153 To: Professor of Class: El Kharbawy,A. Sameh Class#: 33207 Class/Section/Descr: ID 120 - 5 Hist/Theory III Term: Spring 2016 Days/Time: Th 18:00 - 19:50 Room#: Conley Art Building Room 101 =- From: 1 eanette Johnson, Disability Management Specialist anjohnson@csufresno.edu jeanjohnson@csufresno.edu, , (559) 278-2811 Hello, | am writing to confirm that the above named student has registered as having a disability with Services for Students with Disabilities (SSD). SSD has been designated by the California State University Chancellor's Office to be the appropriate on campus resource for determining academic adjustments for students with disabilities. Accommodations are determined by: appropriate documentation, professional's recommendation, and interview with the student. The following accommodations have been formerly approved. Category Accommodation Notetaking DigitatReeorder /U4- Notetaking Velaateer WS Lf Student has testing accommodations: Yes Quiet or Private (if Available) Time + 1/2 Notes: Please note that the accommodations are in effect from the date that the student provides you with this notification and should not be applied retroactively to previous work in the semester or completed course work. ONLINE EXAMS If this is an online course or you administer exams through Blackboard, you may extend the exam by the accommodated time above. Please refer to the blue Testing Accommodation instruction sheet included in this letter. Thank you for your help. If you have any questions or need any additional assistance please contact me.