The Faculty Association accused the administration of discriminating against Courier adviser Warren Swil by prolonging an investigation into allegations that he sexually harassed a student and demanded that he be returned to work in a letter sent out on Monday.
The letter written by FA President Roger Marheine was sent to Robert Bell, senior vice president of student learning services, and claimed the college had enough time to complete a thorough investigation of a sexual harassment complaint against Swil.
“More than sufficient time has elapsed for you to have completed any investigation of complaints against him, and it is quite clear that you have found nothing of substance,” the letter reads.
The FA also claimed that the District discriminated against Swil because of his sexual orientation. Swil is a gay man.
In an emailed statement, General Counsel Gail Cooper said the discrimination allegation is “unfounded.”
Swil also sent a letter to the Fair Employment and Housing Department claiming he was discriminated against and treated unfairly. In the letter, Swil said his treatment regarding the investigation has been far harsher than that of “Navigating Pornography” instructor Hugo Schwyzer, who is under investigation after admitting to allegedly sleeping with his students since 2011. Schwyzer voluntarily left the college earlier in August because of a sexting scandal involving him and amateur porn star Christina Parreira. Later that month Schwyzer admitted he had been sleeping with his students.
“The way the college has handled the far more egregious sexual misconduct of Prof. Schwyzer is the clearest example of the PACCD’s discriminatory treatment of me to date,” Swil said. “I was marched off the campus like a common criminal for no reason whatsoever.”
Cooper said the two investigations are not comparable, since Schwyzer’s investigation involves misconduct between him and his students, and Swil’s investigation involves a sexual harassment complaint from a student.
“The situations of the two are different. Mr. Swil is on paid administrative leave pending an investigation into allegations of misconduct,” Cooper said. “Mr. Schwyzer is on medical leave. No accusation of sexual harassment has been made against him by anyone.”
Marheine’s letter to Bell also stated that Swil was suffering “financial and emotional harm” because he was not at work.
The District is still investigating a complaint made against Swil for sexual harassment of Courier staff member Raymond Bernal earlier this year. While the District investigates the claim, Swil is on paid administrative leave, according to Cooper.
“The purpose of the paid leave is to separate the accuser and the respondent so that an investigation can be conducted without risk of retaliation and for the protection of the participants and witnesses,” Cooper said.
Adjunct instructor Nathan McIntire is currently the Courier adviser. His contract is through the academic year regardless if Swil’s investigation ends prior to that.