1 The ERA was amended by the
Comprehensive Energy Policy Act of 1992, Pub.L. No. 102-486, 106 Stat 2776, effective October 24,
1992.
2 Exhibits admitted into evidence
at the ALJ's hearing are designated: "Ex."; references to the transcript of the hearing are
designated: "Tr."
3 This date was alternatively
identified as February 22, 1994, by Professor Vourvopoulos, but the discrepancy does not appear to be
material. Ex. 10.
4 This is a lesser standard than the
"significant," "motivating," "substantial," or
"predominant" factor standard sometimes articulated in case law under statutes prohibiting
discrimination. See, Procedures for the Handling of Discrimination Complaints Under Federal
Employee Protection Statutes, 63 Fed. Reg. 6614, 6615 (1998) (to be codified at 29 C.F.R.
§24.5(b)(2)).
5 Vourvopoulos testified that when
he checked with the police officer, he was told that the room was in the Biology wing of the building and
that his lab was not involved. Tr. at 749-50. Nevertheless, Vourvopoulos requested that the locks in his
lab be changed to a more secure, restricted access. Tr. at 755-56.
7 Although the Faculty Handbook
does not have a specific reference to involuntary leaves of absence, the procedures pertaining to
Dismissal for Cause seem to be pertinent, even though dismissal is more dire than a limited term of
absence. The Handbook, at 22-23, recommends a genuine effort to resolve the matter through
preliminary inquiry, consultation, discussion and confidential mediation. Apart from some informal, and
generally nonspecific, discussions with Drs. McGruder and Houston, none of the recommended methods
were observed prior to the imposition of the leave of absence.