Preview
JesseJ. Maddox, Bar No. 219091
jmaddox@Icwlegal.com
Nathan T. Jackson, Bar No. 285620
jacksor Lcwl com.
LIEBERT CASSIDY WHITMORE E-FILED
A Professional Law Corporation 11/16/2021 5:44 PM
5250 North Palm Ave, Suite 310 Superior Court of California
County of Fresno
Fresno, Califomia 93704 By: J amie Nelson, Deputy
Telephone: 559.256.7800
Facsimile: 559.449.4535
Attol for Defendants 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
12 Plaintiff, [ASSIGNED FOR ALL PURPOSES TO
gas KIMBERLY GAAB, DEPT. 503]
13 Vv.
ga Complaint Filed: October 23, 2020
Ba 14 BOARD OF TRUSTEES OF
see
es
CALIFORNIA STATE UNIVERSITY ; SUPPLEMENTAL DECLARATION OF
15 DARRYL L. HAMM, an individual; NATHANT. JACKSON IN SUPPORT OF
a8 LY NNETTE ZELEZNY, an individual; DEFENDANT BOARD OF TRUSTEES OF
tin
16 JOSEPH I. CASTRO, an individual; CALIFORNIA STATE UNIVERSITY’S
SAUL JIMENEZ-SANDOVAL, an MOTION TO QUASH OR MODIFY
17 individual; XUANNING FU, an RECORDS SUBPOENAS ISSUED TO THIRD
individual; AND DOES 1 through 50, PARTIES EDLIN CUITS AND ANDREA.
18 HARVEY, AND REQUEST FORA
Defendants. PROTECTIVE ORDER
19
20
from filing fees pursuant to Gov.
21 Code, § 6108)
23 I, Nathan T. Jackson, declare as follows:
1 I am an attomey licensed to practice before the all the Courts of the State of
25 Califomia, and I am an associate in the law firm of Liebert Cassidy Whitmore, attomeys for
26 Defendant Board of Trustees of Califomia State University (“CSU”). I have personal knowledge
27 of each matter stated herein, and if called
to do so, could and would competently
testify thereto.
1
Supplemental Declaration of Nathan T. Jackson in Support of Defendant’ s Motionto Quash and fora
Protective Order
9870599.1 FROO7-003
2 In paragraph 3 of my original declaration for this motion, | state that | redacted
certain witness names in Exhibit 2 and replaced them with the alphabetical moniker | understood
corresponded to that witness. However, the version filed with the Court appears to just have
redactions, and the alphabetical moniker I placed over certain redacted names are missing. My
understanding is that when Exhibit 2 was being finalized for filing, the monikers I added and placed
over certain names were inadvertently removed from Exhibit 2.
3 A corrected copy of Exhibit 2 is attached to this declaration.
I declare under penalty of perjury under the laws of the United States and the State of
California that the foregoing is true and correct.
10 Executed this 16th day of November 2021, iL.
11
ge 12
(7 Nathan T. Jacksoi
13
zB< 14
15
SER a 16
mS D>,
i
oe J Sy
le?
August 13, 2018
RS”
California PRIVATE & CONFIDENTIAL - Delivered via email, campus mail, and US Mail
State
University, Dr. A. Sameh E] Kharbawy
Fresno 45 E Santa Ana #110
Fresno, CA 93704
an
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 1 7 of the Collective Bargaining
Agreement between Califomia State University and the California Faculty Association. Since
you are currently off contract, this extension will begin on August 20, 2018. A copy of Article 17
is enclosed.
While on suspension, you are to be available for any meetings with the campus personnel or
external investigators in order to clarify any concerns related to your University employment.
When you are not formally on contract (between May 20, 2018 and August 19, 2018), your
participation in any campus investigatory process is voluntary. 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 concerns regarding your teaching and other
professional responsibilities. She continues to examine the concerns raised in the original Notice
of Temporary Suspension. In addition to the initial reasons for the temporary suspension
articulated in the Notice of Temporary Suspension dated February 5, 2018, other concerns have
surfaced during the initial steps of the investigation. Some of these additional allegations are listed
below.
You allegedly discriminated against a student based on knowledge of the student’s disability.
You allegedly failed to cooperate with the Council of Interior Design Accreditation during its most
recent evaluation of the University’s Interior Design program (decision letter dated April 10, 2017).
This behavior is documented by the report provided by the accreditation body.
As the instructor of record for ID 152, Design Practicum & Entrepreneurship, you allegedly refused
to give credit to a student who was completinga practicum assignment similar to what other students
had done in prior semesters. This alleged behavior occurred during the Fall 2017 semester.
You have allegedly failed to hold regular office hours in violation of University practice, standards
and policies in several of your courses over the past few years.
Office of Faculty Affairs
Haak Administrative Center
Heury Madden Library
5200 North Barton Avenue, MLSS
Fresno, CA 93740.8014
Phone: $59 278 3027
Fax: 589278 8190
‘nw fresnostate edulaps
August 13, 2018
Dr. A. Sameh El Kharbawy
Page 2 of2
You allegedly, on at least one occasion, claimed that your class (ID 116) was a By
Arrangement (ARR) class when you had not followed the appropriate procedures to obtain
such a designation for the class and allegedly may have made similar claims for other classes
over the past few years,
You allegedly failed to conduct tours in the [D 113 (Design History, Theory & Criticism [1)
during the Fall 2017 semester, which was a class with curriculum calling for tours for which
students paid a fee in advance of the class to account for the expected costs of the tours. The
University had to resort to extraordinary measures to refund the students for your alleged
failure to provide the tours for which they had paid their fees.
You allegedly acted unprofessionally and in an intimidating manner towards faculty
colleagues in the College of Arts and Humanities both in writing and in person over the
past three years.
The University is also making a modification to one earlier allegation documented the
initial Temporary Suspension. This allegation should now read as follows: You have
allegedly violated FERPA rights of several students in at least one of your classes (ID
120) by having one student in your class gather confidential and private information
about other students in your class after the student had informed you that university
officials had told her that she was not authorized to use the forms to collect such
information.
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,
27
LL
Loi Ge
shez
Interim Associate Vice President, Faculty Affairs
¢; Joseph I. Castro, President
Robert Harper, Interim Provost and Vice President for Academic Affairs
Xuanning Fu, Dean of Undergraduate Studies for PAF
Employment File
Attachment 2
2473762.1
9/29/2018 GetFileAttachment (960*1280)
Ty
California State University, Fresno
ID 116 : SPRING 2018
RW
Sees STUDENT AGREEMENT
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[Last Name | First [snout JRUSRARTE, | STUDENT IDA
|
as es
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...
\
4, Lam aware and have been informed by the course instructor that this course will-d: ieploy-several
ys
pedagogical tools and-methods, including (but not limited +o) directed readings assigned medina }
‘
Sscxeeniings, assivned fieldwork independent researdhistudy, an iiG.presentetions. Lunderstand that itis my
|
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
|t
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.
te
|
) SIGN YOUR FULL W. AME ie eal
if QB SIGNATRE |
(IN INK):
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|
i
hitps:/imexG9.emailsrvr.comowalservice.svc/s/GelFileAttachment7ic=AAMKADI 1 Ym JIOWISLTJIZGMINDISYS tiMIBILTIZmF/ZDBIOTZmMgBGANAAA.
Attachment 3
24737621
L UNOFFICIAL STUDENT ACADEMIZ RSCORT
D EeE Kharbawy 002
— = as
Dr. E! Knarbawy 00274
Attachment 4
2473762.1
ro}
Subject 1c 121
November 6, 2017 at 3:14 PM
A. Sameh El Kharbawy, Ph.D elknarbawy @csuiresno.edu
Greetings Dr. Karbawy,
ME bere with a request. | am trying to register for your |D 120 class for Spring 2018,It hes prerequisites of
0 70, and 'D 113. | have completed 'D 70, but iD 113 wil: not be ava‘iabie Fail 2018. It will leave me with a er aptly
spot for Spring Sernester, which wili throw me off a semester for graduating. : hope it will be possibie to get
authorization come spring semester so! can stay on track.
Thank you for your help in this matter,
=
EXHIB!T
Dr. El Kharbawy 00278
Attachment 5
2473762.1
row: A. Sameh
Bt Kherbawy: Ph.D a@! >ai sSesutasnaedu
Suuseet Ri dence!
Date: ‘August
31, 2016 at 11:12 AM
Te: Vivian Coats vecats Gesutresna.edu
Cer A, Sameh E! Kharbawy; Ph.O aetkharbawy@ceutresno.edu, Silvana Polgar spoigar@csu'rasno.eda
Vivian:
Course materials {including mine) are (should be) in storage. | was under the
impression that Richard (with your and Nancy's occasional assistance) oversaw the
CIDA archive.
' trust you require no assistance to touch base with Richard, or with Nancy...
——S as
A, Sameh El Kharbawy
Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. fIDA, USGBC-CC
Professor
Coliege of Arts and Humanities
California State University
Address:
$225 North Backer Avenue M/S CA 65
Fresno, California 93740-8001
Phone: 559.278.4840
Fax: 559.278.4706
exikharbawym@csufresnoeduy
-%
nw 4 =
fongene “pee
Aeantia ty Notice®™
This e-mail and all its contents and any files attached to it are confidentiel and m: Ona ally pr
snformation. They are intended solely for the use of the individual(s) or enti a whom the are -g
horized interception, revi u or disclo:ure {including forwarding) is probit: sti dmoy ot cal
din: Electron te Con municationsPoivacy Act if ya © 2d *his
ae ase nonly the senderand destroy 2. copies af the co aunicati
EXHIBIT
“ - 4
i
Dr. El Knarbawy 00962
a
Vivian Coats vevat: ested 7
Su Re: evidence!
Augu 1, 2076
at 11:44 AM
A, Same E Kharbawy, Pa.D
Hi, Sameh, thank you for your prompt reply. Are you meaning oe.in storage” as in the back
room off the resource room?
Thanks.
Vivian
=
From: "A. Sameh El Kharbawy; Ph.D"
To: "Vivian Coats"
Ce: "A. Sameh El Kharbawy; Ph.D" , “Silvana
Polgar"
Sent: Wednesday, August 31, 2016 11:12:41 AM
Subject: Re: evidence!
Vivian:
Course materials (including mine) are (should be) in storage. ! was under the impression
nat Richard (with your and Nancy’s occasional assistance} oversaw the CIDA archive.
{ trust you require no assistance to touch base with Richarc, or with Nancy...
ea
A, Sameh Ef Kharbawy
Ph.D, MB.A, M, Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IDA, USGBC-CC
Professor
Callege of Arts and Humanities
California State University
Address:
5225 North Backer Avenue M/S CA 65
Fresno, California 93740-8001
Phone: 559.278.4840
Fax: 628: 78.4706
é fesno.cdy
ae Po
=x 121F
Dr. El Kharbawy 068s
— and an) y files atrac! to it are confide: nd on
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nie Co josPr
On Aug 31, 2016, at 10:07 AM, Vivian Coats <>. eS! i>
wroie:
Greetings, Imelda and Sameh,
As you know we are collecting primary evidence and secondary evidence from
your classes for the upcoming CIDA visit. Sameh, we need evidence from ID
145 and ID 120, as well as ID 70, ID 132T, ID 150 and ID 152.
Imelda, | am less familiar with your classes, but I believe that ID 111, ID 116,
ID 137 and ID 113 would be some of the classes from which we would need
evidence J would imagine you have it all ready to roll. or close to it.
T thank you in advance.
Vivian
Dr. Ee Kharbawy 00964
Fro: A, Sameh El Kharbawy; Ph.D aeiknarbawy@csufresno edu &
Subject: Re: evidence!
Dawe August 31, 2016 at §:28 Pia
‘Vivian Coats veoats@csutresno.edu
Se: A, Sameh El Kharbawy; Ph.D aelkharbawy@csulresno.edu, Silvana Polgar spolgar@esu‘resno edu
Vivian: As you know, since 2010, ' (the Interior Design area, in fact) was never briefed on the program's preparations
for the upcoming CIDA visit. | was not involved in (or briefed on) how the CIDA archive was collected, curated,
organized or catalogued. And | do not know how/where it was stored.
== =m
A, Sameh El Khar ay
Ph.D, M.B.A, M, Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USG8C-CC
Professor
College of Arts and Humanities
California State University
Address:
5225 North Backer Avenue M/S CA 65
Fresno, California 93740-8001
Phone: 559.278.4840
Fax: $59,278.4706
bawyecsufresn.
2
nudentiatity Notice™ **
his e-mait and ail its contents and eny fies attached to it are confidential and mey ¢ enter | a Pa
f wrnation. They are intended solely for the use of the individual{s} or entities to whom the: re ade
‘nauthorized Interception,
/,
review, use, or disc! re (including forwarding)i rat may “i 6 Sp Ia
tus 44 the Electroni¢ Communications Pri icy Act. Hf you: received this e-m rare noi iame:
cp 5, pieaste notify the sender and ¢. y = copies of the communica
+ On Aug 31, 2016, at 11:44 AM, Vivian Coats wrote:
Hi, Sameh, thank you for your prompt reply. Are you meaning “in storage" as in the back
room off the resource room?
Thanks.
| Vivian
aa
EXHE
Sa
42
come as
Dr&E, Kharbawy 00
00965
Vivian Coats ts@csutresso.edyu SF
Re: evidence!
wugust21, 2016 at 6:24 PM
. Sameh El Kharbawy; Ph.D eeixharaawy @csuiresso.ecs1
Sameh, I will be on the hunt
Vivian
ph == i an ~ eR
From: "A. Sameh El Kharbawy; Ph.D"
To: "Vivian Coats"
Cc: "A. Sameh El Kharbawy; Ph.D" , "Silvana
Poigar"
Sent: Wednesday, August 31, 2016 5:28:50 PM
Subject: Re: evidence!
Vivian: As you know, since 2010, | (the Interior Design area, in fact) was never
briefed on the program's preparations for the upcoming CIDA visit. | was not
invoived in (or briefed on) how the CIDA archive was collected, curated, organized
or catalogued. And | do nat know how/where it was stored.
<==
A. Sameh Ef Kharbawy
Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC
Professor
Coilege of Arts and Humanities
California State University
Address:
5225 North Backer Avenue M/S CA 65,
Fresno, California 93740-8001
Phone: 559.278.4340
Fax: 589.278.4706
Lideity, fresno edd
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EXHIBIT
an
—s a
Dr. El Kharbawy 00966
=
A, Sameh El Kharbawy; Ph.D aelktiarhawy@esutresno.edu @
Clarity
Septeinder 1, 2076 at 17.08 PM
‘vian Coats vents @csutresno edu
A, Sameh El Kharbawy, Ph.D aelknarbany@esufiesre edu, Silvana Polgar spo'y 26% es
Vi a
Few reflections on the e-mails that I've been receiving on our upcoming accreditation,
by way of clarity, and in response to your August 31, 2016 ¢-mail below:
Niore than a peer-review, an accreditation’s reai value is that it's a seij-review; an
opportunity for se/f-reflection and assessment; a learning experience for programs.
Any accreditation agency needs to see that.
Which is why programs spend years preparing for accreditation... for good reason.
Accreditation coordinators spend years curating and studying all kinds of
information about their programs, and developing metrics to analyze thern... also,
for good reason!
When accreditations are conducted properly, programs evolve as a result uf them. An
accreditation agency needs to be persuaded of that. (Our last accreditation taugit us
that an overhaul of our curricula was necessary, for examole. That conclusion was
preceded by 3 years of conversations between the faculty, full and part time, in area
meetings, etc. None of this is happening today.
When accreditations are a rushed, last-minute, cooked up effort, reasonable minds will
distrust the outcome. And that, too, will be with very good reason.
If, for whatever reason, we've tethered our program's fortunes on an eleventh-hour
“hunt” for an accreditation case (or whatever else you're on “hunt” for here!) chis
decision, which may have seemed heroic to you, is not the kind of news that paints
feel ainly not tie
us as a credible academic program to CIDA. Nor wii! it do anyone {cert
program) any favors for us to advertise this bravery any more than it already has been
acvertised (far more than necessary in my view).
No one will see magic in an accreditation case that was somehow put together in a
rnatter of days, absent an accreditation archive, for which a “hunt” is about to
ommence!
How you're attempting such feat is a mystery to me... ard | prefer that it stays thay
way!
—
= eae
ameh EK
XH}
4046
Dr. El kharbawy 90967
Vivian Coats vooats@esufresnc.ecu
Suy, Re: Ciarit
Dew September 2, 2016 at 8:11 AM
‘Sameh EI Kharbawy; Ph.D aelkharbavyy @csuiresra.ecu
Siivana Polgar spolgar@csuftesno.edu
Sameh, I thank you for your input. We differ in perspective These points would be good to
discuss at today's meeting.
Vivian
a
From: “A, Sameh El Kharbawy; Ph.D"
To: “Vivian Coats"
Cc: "A. Sameh El Kharbawy; Ph.D" , "Silvana
Polgar"
Sent: Thursday, September 1, 2016 11:08:28 PM
Subject: Clarity
Vivian:
Few reflections on the e-mails that I've been receiving on our upcoming accreditation, by
way of clarity, and in response to your August 31, 2016 e-mail below:
More than a peer-review, an accreditation’s real value is that it is a se/freview: an
opportunity for se/freflection and assessment; a learning experience for programs. Any
accreditation agency needs to see that.
Which is why programs spend years preparing for accreditation... for good reason.
Accreditation coordinators spend years curating and studying all kinds of nformation
about their programs, and developing metrics to analyze them... also, for good reason!
When accreditations are conducted properly, programs evolve as @ result of ihem. An
accreditation agency needs to be persuaded of that. (Our last accreditation taught us that
an overhaul of our curricula was necessary, for example. Tha? conciusion was oreceded
by 3 years of conversations between the faculty, full and part ilme, in area meetings, etc.
None of this is happening today.
When accreditations are a rushed, last-minute, cooked up effort, reasonabie minds will
Cistrust the outcome. And that, too, will be with very good reasenr.
If, for whatever reason, we’ve tethered our program’s fortunes on an eleven A-hour “hurt
4 n
for an accreditation case (or whatever else you're on “hunt” for nere! }. this decision,
which may have seemed heroic to you, is not the kind of news that paints us as a
redible academic program to CIDA. Nor will it do anyone (certainly noi the program) any
favors for us to advert'se this bravery any more than it aireacy has been advertised /far
more than necessary in my view).
No one wi’ see magic in an acorediatior. case thai was some*ow put togsiner ir. a&
matter of days, absent an accreditation archive, for which a “hunt” is about fo ene 3?
EXHIBIT
“4 S.
a
Dr. El Kharbawy oo
om : A. Sameh El Kharbawy: Ph.D aekrarsawy@csutresno sau Ff
jeci: Re: Clarit
Bet September 7, 2076 at 12.29 Pri
Vivian Coats veoats@esulresno.ed:
A. Sammeh El Kharbawy; Ph.D gelkharbe.wy@csutresno.edu. Silvana Polgar sooigei@rstros99 ens
Vivian,
If our “perspectives” on education/accreditation appear (to you) to have nore seams than usval... well, that is
hardly unusual! An exchange of ideas is what makes a university a university after all. t's also not surprising.
To the news of an eleventh-hour, will-o’-the-wisp “hunt” for an accreditation case for our program, | applied a dose
of heaithy skepticism. | did so in service of a calieague- to whom a whisper of (experienced) advice seemed
appropriate and timely. The intent was to help you. Ultimately, however, your (and your team’s) judgmen: and your
decisions are just that: yours!
Should your gamble pay off, no one will be better pleased than I. But! can only hope that it does. Because the task
of realizing this hope falls into your fot... not mine! (J have not been consulted about the new CIDA tear/plans, etc.
Not once!)
As to your request for an exchange of “perspectives” on education/accreditation, that may well be 2 meaningful
exercise in the future, but today? Few weeks before an accreditation visit?
! am sure your hands are full now(if they are not, it seems to me that they shouid bel) and I, therefore, think itis
best to leave the matter in your (and your team’s) hands... with this one, final sincere sentiment:
Good luck!
7 =. =
A. Sameh E! Kharbawy
2h.D, M.BA, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IDA, USGBC-CC
Professor
College of Arts and Humanities
California State University
Address:
5225 North Backer Avenue M/S CA 65
Fresno, California 93740-8001
Phone: 559.278.4840
Fax: 559.278.4706
Leh ar swy@csufresno.edy
s
¥ =
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This ery -ilanc all its conents ang any flies attached to it are contidentia!
and = ¥ conta!
EXHIBIT
ne
25
Dr. E! Kharbawy 00975
jon. They are intended solely for che use of the individu st oF en te om
or actuding for va fy ra
i 70} Commun ions Pri Ice Aci received this e-mail 2a vot!
the oy all the co: .
i On Sep 2, 2016, at 8:11 AM, Vivian Coats wrote:
: Sameh, J thank you for your input. We differ in perspective. These points would be good
to discuss at today's meeting.
Vivian
= =: an a
i Fro : "A. Sameh El Kharbawy; Ph.D"
' To ivian Coats"
Ce: "A. Sameh El Kharbawy; Ph. , “Silvana
Polgar"
OU
' Sent: Thursday, September 1, 2016 11:08:28 PM
| Subject: Clarity
Vivian:
Few reflections on the e-mails that I've been receiving on our upcoming accreditation,
by way of clarity, and in response to your August 31, 2016 e-mail below:
| More than a peer-review, an accreditation’s real value is that it is a seifreview: an
opportunity for se/f-reflection and assessment; a learning experience for programs. Any
accreditation agency needs to see that.
Which is why programs spend years preparing for accreditation... for good reason,
Accreditation coordinators spend years curating and studying all kinds of information
about their programs, and developing metrics to analyze them... also, for good reason!
When accreditations are conducted properly, programs evolve as a resuit of them. An
accreditation agency needs to be persuaded of that. (Our last accreditation iaught :
that an overhaul of our curricula was necessary, for example. That conclusion was
preceded by 3 years of conversations beiween the faculty, full and part time, in area
meetings, etc. None of this is happening today.
When accreditations are a rushed, last-minute, cooked up effort, reasonable minds wii!
distrus: the outcome. And that, too, will be with very good reason.
If, for whatever reason, we've tethered our program's fortunes on an eleven} -hour
8,
“runt" for an accreditation case (or whatever e!se you're on “hunt for here!
decision, which may have seemed heroic to you, is not the Kind of news that vaints us
as a credible academic program to CIDA. Nor wil! i do anyone (certainly ~si the
program) any favors for us to advertise this bravery any more than it already has been,
advertised ‘far more than necessary in my vier).
r vail see magic in an accreditation case ‘nat vas somsno- out toge 3
Dr. E! Kharbawy 00976
oe
Vivian Coats vcoatse o§
Sud} binders for courses taught for A‘exhib
October 14, 2016 at 6:54 AM
A. Sameh El Kharbawy, Pa. aelrarbevy@csutresno edu, Imelda Goll igci Su du
Ce: Silvana Polgar spolgar@csutresno.edu, Holly Sowles hsowles @csutresno.ec
Good Friday morning to both of you,
I ask that you get your course binder contents ready in preparation of the CIDA team visit.
The binders will be on the tables with the course work in the exhibit in the Conley Art
Gallery. Please have the contents ready to hand over to Silvana by the 27th of this month,
and she will give everything to Edlin to put in the binders with tabs and title of the course on
the binder front. I don't know if] am explaining it that well, but you can e-mail me if you
have questions.
Contents needed: syllabus, assignments’ descriptions, hand-outs, list of speakers, (if
applicable), field trips (if applicable), tests, quizzes.
CIDA has stated that blank tests/quizzes be in the binder. They have also seoneal that there
should be evidence of actual tests/quizzes that were taken by students, but with the names
blanked out.
Thank you for your participation!
Vivian
EXHIBIT
19:32
Dr. E, Kharoawy 061607
Feoen A, Sameh El Kharbawy; Ph.D asiknerbav oguiresno du &
Subject Ae: binders tor courses taught for CIDA exhibit
Date: October 14, 2016 at 732 AM
"eo: Vivian Coats veoats @esufrasno.edu
oe: A. Sameh Et Kharoavy; Ph.O aekknarbawy@esutresno eda, Sivana Pesgar sooigari?csufresia ecu, Holly Sowies
hsowles@-esutresno.edu, Imelda Golk igolik@csulresno.ecu
ave addressed this inquiry earlier this samester. hut
| will follow twit Since 5° is
5 t ocoming COA vi the interes of ke 5 v
ve heron all C edt Hh
7 a =
A. sameh el Kharbawy
Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IDA, 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
aelkharbavyimesufresno.edy
st
A\
Lf
= *Confidente ity Novices
sac and all's contents and any files artached to it are confidential and may cont ie legally piv
info: tlon, They ar intended solely for the use of the individual(s) or entities to whom ty are adder Se"
Unauthorized intere tion, review, use, or disclosure (including forwarding) is prohibited ard may vio! apt ao
Jaws including the Electronic Communications Privacy Act, Ifyou received this e-mail In error or cre not dry
29d racipionts, plaaxe nezify the sender and destroy all copies of the commur ics a
| On Oct 14, 2016, at 6:54 AM, Vivian Coats wrote:
' Good Friday morning to both of you,
{ Lask that you get your course binder contents ready in preparation of the CIDA team visit.
| The binders will be on the tables with the course work in the exhibit in the Conley Art
Gallery. Please have the contents ready to hand over to Silvana by the 27th of this mont.
and she ill give everything to Edlin to put in the binders with tabs and title of the course
| on the binder front. I don't know if I am explaining it that well, but you can e-mail me if
| you have questions.
| Contents needed: syllabus, assignments’ descriptions, hand-outs, list of speakers, (if
+ applicable), field trips (if applicable), tests, quizzes.
}
: CIDA has stated that blank tests/quizzes be in the binder. They have also stated that there
st. Id be evidence of actual tests/quizzes that were taven by students, but with the names
} blanked out.
‘
EXHIB'T
“ne
_ t =
Dr. El Kharbawy 007008
a
ivian Coats vcoats@csu‘resno.edu
wvidence
August 31, 2016 at 10:07 AM
Imelda Golix igolk@csufresno.edu, A, Sameh El Knarbawy’ Ph.D aelkharbawy@esutresno. ecu
Greetings, Imelda and Sameh,
As you know we are collecting primary evidence and secondary evidence from your classes
for the upcoming CIDA visit. Sameh. we need evidence from ID 145 and ID 120, as well as
ID 70, ID 132T, ID 150 and ID 152.
Imelda, I am less familiar with your classes, but I believe that 1D 111, ID 116, ID 137 and
ID 113 would be some of the classes from which we would need evidence I would imagine
you have it all ready to roll, or close to it.
I thank you in advance.
Vivian
EXHIBIT
ae44.8
Dr. él Kharbawy 00960
Attachment 6
24737621
rom: Silvana Polgay spolgar@esutresno.edu &
Subiset: Fwd: Scheduie
Date: November 10, 2016 at 1:44 PM
Tor Dr. A. Sameh El Kharbawy eelkharbewy@csufresno.edu, Holly Sowles hsowles@ceutresno.edu, Vivian Coats
yore 2esutresno.edu, Richard McQuone ‘ichim@esufresno.edu. Imeida Gotik galix rasny, fi, Davor Goilk
davor@dpgengineering.com, Toryeta Oyake toyake@csut'esno.edu
Ce: Silvana Polgar spolgar@c
Preview
JesseJ. Maddox, Bar No. 219091 jmaddox@Icwlegal.com Nathan T. Jackson, Bar No. 285620 jacksor Lcwl com. LIEBERT CASSIDY WHITMORE E-FILED A Professional Law Corporation 11/16/2021 5:44 PM 5250 North Palm Ave, Suite 310 Superior Court of California County of Fresno Fresno, Califomia 93704 By: J amie Nelson, Deputy Telephone: 559.256.7800 Facsimile: 559.449.4535 Attol for Defendants 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 12 Plaintiff, [ASSIGNED FOR ALL PURPOSES TO gas KIMBERLY GAAB, DEPT. 503] 13 Vv. ga Complaint Filed: October 23, 2020 Ba 14 BOARD OF TRUSTEES OF see es CALIFORNIA STATE UNIVERSITY ; SUPPLEMENTAL DECLARATION OF 15 DARRYL L. HAMM, an individual; NATHANT. JACKSON IN SUPPORT OF a8 LY NNETTE ZELEZNY, an individual; DEFENDANT BOARD OF TRUSTEES OF tin 16 JOSEPH I. CASTRO, an individual; CALIFORNIA STATE UNIVERSITY’S SAUL JIMENEZ-SANDOVAL, an MOTION TO QUASH OR MODIFY 17 individual; XUANNING FU, an RECORDS SUBPOENAS ISSUED TO THIRD individual; AND DOES 1 through 50, PARTIES EDLIN CUITS AND ANDREA. 18 HARVEY, AND REQUEST FORA Defendants. PROTECTIVE ORDER 19 20 from filing fees pursuant to Gov. 21 Code, § 6108) 23 I, Nathan T. Jackson, declare as follows: 1 I am an attomey licensed to practice before the all the Courts of the State of 25 Califomia, and I am an associate in the law firm of Liebert Cassidy Whitmore, attomeys for 26 Defendant Board of Trustees of Califomia State University (“CSU”). I have personal knowledge 27 of each matter stated herein, and if called to do so, could and would competently testify thereto. 1 Supplemental Declaration of Nathan T. Jackson in Support of Defendant’ s Motionto Quash and fora Protective Order 9870599.1 FROO7-003 2 In paragraph 3 of my original declaration for this motion, | state that | redacted certain witness names in Exhibit 2 and replaced them with the alphabetical moniker | understood corresponded to that witness. However, the version filed with the Court appears to just have redactions, and the alphabetical moniker I placed over certain redacted names are missing. My understanding is that when Exhibit 2 was being finalized for filing, the monikers I added and placed over certain names were inadvertently removed from Exhibit 2. 3 A corrected copy of Exhibit 2 is attached to this declaration. I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. 10 Executed this 16th day of November 2021, iL. 11 ge 12 (7 Nathan T. Jacksoi 13 zB< 14 15 SER a 16 mS D>, i oe J Sy le? August 13, 2018 RS” California PRIVATE & CONFIDENTIAL - Delivered via email, campus mail, and US Mail State University, Dr. A. Sameh E] Kharbawy Fresno 45 E Santa Ana #110 Fresno, CA 93704 an 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 1 7 of the Collective Bargaining Agreement between Califomia State University and the California Faculty Association. Since you are currently off contract, this extension will begin on August 20, 2018. A copy of Article 17 is enclosed. While on suspension, you are to be available for any meetings with the campus personnel or external investigators in order to clarify any concerns related to your University employment. When you are not formally on contract (between May 20, 2018 and August 19, 2018), your participation in any campus investigatory process is voluntary. 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 concerns regarding your teaching and other professional responsibilities. She continues to examine the concerns raised in the original Notice of Temporary Suspension. In addition to the initial reasons for the temporary suspension articulated in the Notice of Temporary Suspension dated February 5, 2018, other concerns have surfaced during the initial steps of the investigation. Some of these additional allegations are listed below. You allegedly discriminated against a student based on knowledge of the student’s disability. You allegedly failed to cooperate with the Council of Interior Design Accreditation during its most recent evaluation of the University’s Interior Design program (decision letter dated April 10, 2017). This behavior is documented by the report provided by the accreditation body. As the instructor of record for ID 152, Design Practicum & Entrepreneurship, you allegedly refused to give credit to a student who was completinga practicum assignment similar to what other students had done in prior semesters. This alleged behavior occurred during the Fall 2017 semester. You have allegedly failed to hold regular office hours in violation of University practice, standards and policies in several of your courses over the past few years. Office of Faculty Affairs Haak Administrative Center Heury Madden Library 5200 North Barton Avenue, MLSS Fresno, CA 93740.8014 Phone: $59 278 3027 Fax: 589278 8190 ‘nw fresnostate edulaps August 13, 2018 Dr. A. Sameh El Kharbawy Page 2 of2 You allegedly, on at least one occasion, claimed that your class (ID 116) was a By Arrangement (ARR) class when you had not followed the appropriate procedures to obtain such a designation for the class and allegedly may have made similar claims for other classes over the past few years, You allegedly failed to conduct tours in the [D 113 (Design History, Theory & Criticism [1) during the Fall 2017 semester, which was a class with curriculum calling for tours for which students paid a fee in advance of the class to account for the expected costs of the tours. The University had to resort to extraordinary measures to refund the students for your alleged failure to provide the tours for which they had paid their fees. You allegedly acted unprofessionally and in an intimidating manner towards faculty colleagues in the College of Arts and Humanities both in writing and in person over the past three years. The University is also making a modification to one earlier allegation documented the initial Temporary Suspension. This allegation should now read as follows: You have allegedly violated FERPA rights of several students in at least one of your classes (ID 120) by having one student in your class gather confidential and private information about other students in your class after the student had informed you that university officials had told her that she was not authorized to use the forms to collect such information. 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, 27 LL Loi Ge shez Interim Associate Vice President, Faculty Affairs ¢; Joseph I. Castro, President Robert Harper, Interim Provost and Vice President for Academic Affairs Xuanning Fu, Dean of Undergraduate Studies for PAF Employment File Attachment 2 2473762.1 9/29/2018 GetFileAttachment (960*1280) Ty California State University, Fresno ID 116 : SPRING 2018 RW Sees STUDENT AGREEMENT fone 7 ae Sorte qe ta} i rate us War nae Has ise aan Tonya ae iB ay IRIs ng a Ne ert 2 Ste eae ite see SIT Tce Tie Scere! iret Lt VMAs Well aieb ene mien [Last Name | First [snout JRUSRARTE, | STUDENT IDA | as es 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... \ 4, Lam aware and have been informed by the course instructor that this course will-d: ieploy-several ys pedagogical tools and-methods, including (but not limited +o) directed readings assigned medina } ‘ Sscxeeniings, assivned fieldwork independent researdhistudy, an iiG.presentetions. Lunderstand that itis my | 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 |t 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. te | ) SIGN YOUR FULL W. AME ie eal if QB SIGNATRE | (IN INK): l }—-- t | i hitps:/imexG9.emailsrvr.comowalservice.svc/s/GelFileAttachment7ic=AAMKADI 1 Ym JIOWISLTJIZGMINDISYS tiMIBILTIZmF/ZDBIOTZmMgBGANAAA. Attachment 3 24737621 L UNOFFICIAL STUDENT ACADEMIZ RSCORT D EeE Kharbawy 002 — = as Dr. E! Knarbawy 00274 Attachment 4 2473762.1 ro} Subject 1c 121 November 6, 2017 at 3:14 PM A. Sameh El Kharbawy, Ph.D elknarbawy @csuiresno.edu Greetings Dr. Karbawy, ME bere with a request. | am trying to register for your |D 120 class for Spring 2018,It hes prerequisites of 0 70, and 'D 113. | have completed 'D 70, but iD 113 wil: not be ava‘iabie Fail 2018. It will leave me with a er aptly spot for Spring Sernester, which wili throw me off a semester for graduating. : hope it will be possibie to get authorization come spring semester so! can stay on track. Thank you for your help in this matter, = EXHIB!T Dr. El Kharbawy 00278 Attachment 5 2473762.1 row: A. Sameh Bt Kherbawy: Ph.D a@! >ai sSesutasnaedu Suuseet Ri dence! Date: ‘August 31, 2016 at 11:12 AM Te: Vivian Coats vecats Gesutresna.edu Cer A, Sameh E! Kharbawy; Ph.O aetkharbawy@ceutresno.edu, Silvana Polgar spoigar@csu'rasno.eda Vivian: Course materials {including mine) are (should be) in storage. | was under the impression that Richard (with your and Nancy's occasional assistance) oversaw the CIDA archive. ' trust you require no assistance to touch base with Richard, or with Nancy... ——S as A, Sameh El Kharbawy Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. fIDA, USGBC-CC Professor Coliege of Arts and Humanities California State University Address: $225 North Backer Avenue M/S CA 65 Fresno, California 93740-8001 Phone: 559.278.4840 Fax: 559.278.4706 exikharbawym@csufresnoeduy -% nw 4 = fongene “pee Aeantia ty Notice®™ This e-mail and all its contents and any files attached to it are confidentiel and m: Ona ally pr snformation. They are intended solely for the use of the individual(s) or enti a whom the are -g horized interception, revi u or disclo:ure {including forwarding) is probit: sti dmoy ot cal din: Electron te Con municationsPoivacy Act if ya © 2d *his ae ase nonly the senderand destroy 2. copies af the co aunicati EXHIBIT “ - 4 i Dr. El Knarbawy 00962 a Vivian Coats vevat: ested 7 Su Re: evidence! Augu 1, 2076 at 11:44 AM A, Same E Kharbawy, Pa.D Hi, Sameh, thank you for your prompt reply. Are you meaning oe.in storage” as in the back room off the resource room? Thanks. Vivian = From: "A. Sameh El Kharbawy; Ph.D" To: "Vivian Coats" Ce: "A. Sameh El Kharbawy; Ph.D" , “Silvana Polgar" Sent: Wednesday, August 31, 2016 11:12:41 AM Subject: Re: evidence! Vivian: Course materials (including mine) are (should be) in storage. ! was under the impression nat Richard (with your and Nancy’s occasional assistance} oversaw the CIDA archive. { trust you require no assistance to touch base with Richarc, or with Nancy... ea A, Sameh Ef Kharbawy Ph.D, MB.A, M, Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IDA, USGBC-CC Professor Callege of Arts and Humanities California State University Address: 5225 North Backer Avenue M/S CA 65 Fresno, California 93740-8001 Phone: 559.278.4840 Fax: 628: 78.4706 é fesno.cdy ae Po =x 121F Dr. El Kharbawy 068s — and an) y files atrac! to it are confide: nd on nd 0! ror the w he individy dite ted nie Co josPr On Aug 31, 2016, at 10:07 AM, Vivian Coats <>. eS! i> wroie: Greetings, Imelda and Sameh, As you know we are collecting primary evidence and secondary evidence from your classes for the upcoming CIDA visit. Sameh, we need evidence from ID 145 and ID 120, as well as ID 70, ID 132T, ID 150 and ID 152. Imelda, | am less familiar with your classes, but I believe that ID 111, ID 116, ID 137 and ID 113 would be some of the classes from which we would need evidence J would imagine you have it all ready to roll. or close to it. T thank you in advance. Vivian Dr. Ee Kharbawy 00964 Fro: A, Sameh El Kharbawy; Ph.D aeiknarbawy@csufresno edu & Subject: Re: evidence! Dawe August 31, 2016 at §:28 Pia ‘Vivian Coats veoats@csutresno.edu Se: A, Sameh El Kharbawy; Ph.D aelkharbawy@csulresno.edu, Silvana Polgar spolgar@esu‘resno edu Vivian: As you know, since 2010, ' (the Interior Design area, in fact) was never briefed on the program's preparations for the upcoming CIDA visit. | was not involved in (or briefed on) how the CIDA archive was collected, curated, organized or catalogued. And | do not know how/where it was stored. == =m A, Sameh El Khar ay Ph.D, M.B.A, M, Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USG8C-CC Professor College of Arts and Humanities California State University Address: 5225 North Backer Avenue M/S CA 65 Fresno, California 93740-8001 Phone: 559.278.4840 Fax: $59,278.4706 bawyecsufresn. 2 nudentiatity Notice™ ** his e-mait and ail its contents and eny fies attached to it are confidential and mey ¢ enter | a Pa f wrnation. They are intended solely for the use of the individual{s} or entities to whom the: re ade ‘nauthorized Interception, /, review, use, or disc! re (including forwarding)i rat may “i 6 Sp Ia tus 44 the Electroni¢ Communications Pri icy Act. Hf you: received this e-m rare noi iame: cp 5, pieaste notify the sender and ¢. y = copies of the communica + On Aug 31, 2016, at 11:44 AM, Vivian Coats wrote: Hi, Sameh, thank you for your prompt reply. Are you meaning “in storage" as in the back room off the resource room? Thanks. | Vivian aa EXHE Sa 42 come as Dr&E, Kharbawy 00 00965 Vivian Coats ts@csutresso.edyu SF Re: evidence! wugust21, 2016 at 6:24 PM . Sameh El Kharbawy; Ph.D eeixharaawy @csuiresso.ecs1 Sameh, I will be on the hunt Vivian ph == i an ~ eR From: "A. Sameh El Kharbawy; Ph.D" To: "Vivian Coats" Cc: "A. Sameh El Kharbawy; Ph.D" , "Silvana Poigar" Sent: Wednesday, August 31, 2016 5:28:50 PM Subject: Re: evidence! Vivian: As you know, since 2010, | (the Interior Design area, in fact) was never briefed on the program's preparations for the upcoming CIDA visit. | was not invoived in (or briefed on) how the CIDA archive was collected, curated, organized or catalogued. And | do nat know how/where it was stored. <== A. Sameh Ef Kharbawy Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IIDA, USGBC-CC Professor Coilege of Arts and Humanities California State University Address: 5225 North Backer Avenue M/S CA 65, Fresno, California 93740-8001 Phone: 559.278.4340 Fax: 589.278.4706 Lideity, fresno edd oe ae Ne! a dentisicy se s gary es attochen y ace intended 50 for the use of the re’ tin adualis) or anti arin ners thayare g reree on fen 2 oa » EXHIBIT an —s a Dr. El Kharbawy 00966 = A, Sameh El Kharbawy; Ph.D aelktiarhawy@esutresno.edu @ Clarity Septeinder 1, 2076 at 17.08 PM ‘vian Coats vents @csutresno edu A, Sameh El Kharbawy, Ph.D aelknarbany@esufiesre edu, Silvana Polgar spo'y 26% es Vi a Few reflections on the e-mails that I've been receiving on our upcoming accreditation, by way of clarity, and in response to your August 31, 2016 ¢-mail below: Niore than a peer-review, an accreditation’s reai value is that it's a seij-review; an opportunity for se/f-reflection and assessment; a learning experience for programs. Any accreditation agency needs to see that. Which is why programs spend years preparing for accreditation... for good reason. Accreditation coordinators spend years curating and studying all kinds of information about their programs, and developing metrics to analyze thern... also, for good reason! When accreditations are conducted properly, programs evolve as a result uf them. An accreditation agency needs to be persuaded of that. (Our last accreditation taugit us that an overhaul of our curricula was necessary, for examole. That conclusion was preceded by 3 years of conversations between the faculty, full and part time, in area meetings, etc. None of this is happening today. When accreditations are a rushed, last-minute, cooked up effort, reasonable minds will distrust the outcome. And that, too, will be with very good reason. If, for whatever reason, we've tethered our program's fortunes on an eleventh-hour “hunt” for an accreditation case (or whatever else you're on “hunt” for here!) chis decision, which may have seemed heroic to you, is not the kind of news that paints feel ainly not tie us as a credible academic program to CIDA. Nor wii! it do anyone {cert program) any favors for us to advertise this bravery any more than it already has been acvertised (far more than necessary in my view). No one will see magic in an accreditation case that was somehow put together in a rnatter of days, absent an accreditation archive, for which a “hunt” is about to ommence! How you're attempting such feat is a mystery to me... ard | prefer that it stays thay way! — = eae ameh EK XH} 4046 Dr. El kharbawy 90967 Vivian Coats vooats@esufresnc.ecu Suy, Re: Ciarit Dew September 2, 2016 at 8:11 AM ‘Sameh EI Kharbawy; Ph.D aelkharbavyy @csuiresra.ecu Siivana Polgar spolgar@csuftesno.edu Sameh, I thank you for your input. We differ in perspective These points would be good to discuss at today's meeting. Vivian a From: “A, Sameh El Kharbawy; Ph.D" To: “Vivian Coats" Cc: "A. Sameh El Kharbawy; Ph.D" , "Silvana Polgar" Sent: Thursday, September 1, 2016 11:08:28 PM Subject: Clarity Vivian: Few reflections on the e-mails that I've been receiving on our upcoming accreditation, by way of clarity, and in response to your August 31, 2016 e-mail below: More than a peer-review, an accreditation’s real value is that it is a se/freview: an opportunity for se/freflection and assessment; a learning experience for programs. Any accreditation agency needs to see that. Which is why programs spend years preparing for accreditation... for good reason. Accreditation coordinators spend years curating and studying all kinds of nformation about their programs, and developing metrics to analyze them... also, for good reason! When accreditations are conducted properly, programs evolve as @ result of ihem. An accreditation agency needs to be persuaded of that. (Our last accreditation taught us that an overhaul of our curricula was necessary, for example. Tha? conciusion was oreceded by 3 years of conversations between the faculty, full and part ilme, in area meetings, etc. None of this is happening today. When accreditations are a rushed, last-minute, cooked up effort, reasonabie minds will Cistrust the outcome. And that, too, will be with very good reasenr. If, for whatever reason, we’ve tethered our program’s fortunes on an eleven A-hour “hurt 4 n for an accreditation case (or whatever else you're on “hunt” for nere! }. this decision, which may have seemed heroic to you, is not the kind of news that paints us as a redible academic program to CIDA. Nor will it do anyone (certainly noi the program) any favors for us to advert'se this bravery any more than it aireacy has been advertised /far more than necessary in my view). No one wi’ see magic in an acorediatior. case thai was some*ow put togsiner ir. a& matter of days, absent an accreditation archive, for which a “hunt” is about fo ene 3? EXHIBIT “4 S. a Dr. El Kharbawy oo om : A. Sameh El Kharbawy: Ph.D aekrarsawy@csutresno sau Ff jeci: Re: Clarit Bet September 7, 2076 at 12.29 Pri Vivian Coats veoats@esulresno.ed: A. Sammeh El Kharbawy; Ph.D gelkharbe.wy@csutresno.edu. Silvana Polgar sooigei@rstros99 ens Vivian, If our “perspectives” on education/accreditation appear (to you) to have nore seams than usval... well, that is hardly unusual! An exchange of ideas is what makes a university a university after all. t's also not surprising. To the news of an eleventh-hour, will-o’-the-wisp “hunt” for an accreditation case for our program, | applied a dose of heaithy skepticism. | did so in service of a calieague- to whom a whisper of (experienced) advice seemed appropriate and timely. The intent was to help you. Ultimately, however, your (and your team’s) judgmen: and your decisions are just that: yours! Should your gamble pay off, no one will be better pleased than I. But! can only hope that it does. Because the task of realizing this hope falls into your fot... not mine! (J have not been consulted about the new CIDA tear/plans, etc. Not once!) As to your request for an exchange of “perspectives” on education/accreditation, that may well be 2 meaningful exercise in the future, but today? Few weeks before an accreditation visit? ! am sure your hands are full now(if they are not, it seems to me that they shouid bel) and I, therefore, think itis best to leave the matter in your (and your team’s) hands... with this one, final sincere sentiment: Good luck! 7 =. = A. Sameh E! Kharbawy 2h.D, M.BA, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IDA, USGBC-CC Professor College of Arts and Humanities California State University Address: 5225 North Backer Avenue M/S CA 65 Fresno, California 93740-8001 Phone: 559.278.4840 Fax: 559.278.4706 Leh ar swy@csufresno.edy s ¥ = orcutanti ¥ tices" This ery -ilanc all its conents ang any flies attached to it are contidentia! and = ¥ conta! EXHIBIT ne 25 Dr. E! Kharbawy 00975 jon. They are intended solely for che use of the individu st oF en te om or actuding for va fy ra i 70} Commun ions Pri Ice Aci received this e-mail 2a vot! the oy all the co: . i On Sep 2, 2016, at 8:11 AM, Vivian Coats wrote: : Sameh, J thank you for your input. We differ in perspective. These points would be good to discuss at today's meeting. Vivian = =: an a i Fro : "A. Sameh El Kharbawy; Ph.D" ' To ivian Coats" Ce: "A. Sameh El Kharbawy; Ph. , “Silvana Polgar" OU ' Sent: Thursday, September 1, 2016 11:08:28 PM | Subject: Clarity Vivian: Few reflections on the e-mails that I've been receiving on our upcoming accreditation, by way of clarity, and in response to your August 31, 2016 e-mail below: | More than a peer-review, an accreditation’s real value is that it is a seifreview: an opportunity for se/f-reflection and assessment; a learning experience for programs. Any accreditation agency needs to see that. Which is why programs spend years preparing for accreditation... for good reason, Accreditation coordinators spend years curating and studying all kinds of information about their programs, and developing metrics to analyze them... also, for good reason! When accreditations are conducted properly, programs evolve as a resuit of them. An accreditation agency needs to be persuaded of that. (Our last accreditation iaught : that an overhaul of our curricula was necessary, for example. That conclusion was preceded by 3 years of conversations beiween the faculty, full and part time, in area meetings, etc. None of this is happening today. When accreditations are a rushed, last-minute, cooked up effort, reasonable minds wii! distrus: the outcome. And that, too, will be with very good reason. If, for whatever reason, we've tethered our program's fortunes on an eleven} -hour 8, “runt" for an accreditation case (or whatever e!se you're on “hunt for here! decision, which may have seemed heroic to you, is not the Kind of news that vaints us as a credible academic program to CIDA. Nor wil! i do anyone (certainly ~si the program) any favors for us to advertise this bravery any more than it already has been, advertised ‘far more than necessary in my vier). r vail see magic in an accreditation case ‘nat vas somsno- out toge 3 Dr. E! Kharbawy 00976 oe Vivian Coats vcoatse o§ Sud} binders for courses taught for A‘exhib October 14, 2016 at 6:54 AM A. Sameh El Kharbawy, Pa. aelrarbevy@csutresno edu, Imelda Goll igci Su du Ce: Silvana Polgar spolgar@csutresno.edu, Holly Sowles hsowles @csutresno.ec Good Friday morning to both of you, I ask that you get your course binder contents ready in preparation of the CIDA team visit. The binders will be on the tables with the course work in the exhibit in the Conley Art Gallery. Please have the contents ready to hand over to Silvana by the 27th of this month, and she will give everything to Edlin to put in the binders with tabs and title of the course on the binder front. I don't know if] am explaining it that well, but you can e-mail me if you have questions. Contents needed: syllabus, assignments’ descriptions, hand-outs, list of speakers, (if applicable), field trips (if applicable), tests, quizzes. CIDA has stated that blank tests/quizzes be in the binder. They have also seoneal that there should be evidence of actual tests/quizzes that were taken by students, but with the names blanked out. Thank you for your participation! Vivian EXHIBIT 19:32 Dr. E, Kharoawy 061607 Feoen A, Sameh El Kharbawy; Ph.D asiknerbav oguiresno du & Subject Ae: binders tor courses taught for CIDA exhibit Date: October 14, 2016 at 732 AM "eo: Vivian Coats veoats @esufrasno.edu oe: A. Sameh Et Kharoavy; Ph.O aekknarbawy@esutresno eda, Sivana Pesgar sooigari?csufresia ecu, Holly Sowies hsowles@-esutresno.edu, Imelda Golk igolik@csulresno.ecu ave addressed this inquiry earlier this samester. hut | will follow twit Since 5° is 5 t ocoming COA vi the interes of ke 5 v ve heron all C edt Hh 7 a = A. sameh el Kharbawy Ph.D, M.B.A, M. Arch, Assoc. AIA, IDEC, Allied ASID, Assoc. IDA, 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 aelkharbavyimesufresno.edy st A\ Lf = *Confidente ity Novices sac and all's contents and any files artached to it are confidential and may cont ie legally piv info: tlon, They ar intended solely for the use of the individual(s) or entities to whom ty are adder Se" Unauthorized intere tion, review, use, or disclosure (including forwarding) is prohibited ard may vio! apt ao Jaws including the Electronic Communications Privacy Act, Ifyou received this e-mail In error or cre not dry 29d racipionts, plaaxe nezify the sender and destroy all copies of the commur ics a | On Oct 14, 2016, at 6:54 AM, Vivian Coats wrote: ' Good Friday morning to both of you, { Lask that you get your course binder contents ready in preparation of the CIDA team visit. | The binders will be on the tables with the course work in the exhibit in the Conley Art Gallery. Please have the contents ready to hand over to Silvana by the 27th of this mont. and she ill give everything to Edlin to put in the binders with tabs and title of the course | on the binder front. I don't know if I am explaining it that well, but you can e-mail me if | you have questions. | Contents needed: syllabus, assignments’ descriptions, hand-outs, list of speakers, (if + applicable), field trips (if applicable), tests, quizzes. } : CIDA has stated that blank tests/quizzes be in the binder. They have also stated that there st. Id be evidence of actual tests/quizzes that were taven by students, but with the names } blanked out. ‘ EXHIB'T “ne _ t = Dr. El Kharbawy 007008 a ivian Coats vcoats@csu‘resno.edu wvidence August 31, 2016 at 10:07 AM Imelda Golix igolk@csufresno.edu, A, Sameh El Knarbawy’ Ph.D aelkharbawy@esutresno. ecu Greetings, Imelda and Sameh, As you know we are collecting primary evidence and secondary evidence from your classes for the upcoming CIDA visit. Sameh. we need evidence from ID 145 and ID 120, as well as ID 70, ID 132T, ID 150 and ID 152. Imelda, I am less familiar with your classes, but I believe that 1D 111, ID 116, ID 137 and ID 113 would be some of the classes from which we would need evidence I would imagine you have it all ready to roll, or close to it. I thank you in advance. Vivian EXHIBIT ae44.8 Dr. él Kharbawy 00960 Attachment 6 24737621 rom: Silvana Polgay spolgar@esutresno.edu & Subiset: Fwd: Scheduie Date: November 10, 2016 at 1:44 PM Tor Dr. A. Sameh El Kharbawy eelkharbewy@csufresno.edu, Holly Sowles hsowles@ceutresno.edu, Vivian Coats yore 2esutresno.edu, Richard McQuone ‘ichim@esufresno.edu. Imeida Gotik galix rasny, fi, Davor Goilk davor@dpgengineering.com, Toryeta Oyake toyake@csut'esno.edu Ce: Silvana Polgar spolgar@c