Tarikh Demekpe v. California State University Dominguez Hills et al

Filing 21

NOTICE OF MOTION AND First MOTION for Summary Judgment as to Genuine Issue of Material Fact filed by defendant Board of Trustees of The California State University. Motion set for hearing on 11/21/2011 at 10:00 AM before Judge Dean D. Pregerson. (At tachments: # 1 Statement of Uncontroverted Facts, # 2 Proposed Order Proposed Order Granting Summary Judgment, # 3 Proposed Judgment, # 4 Declaration Declaration of Ginger Wilson, # 5 Declaration Declaration of Anupama Joshi, # 6 Declarat ion Declaration of Dr. Clarence "Gus" Martin, # 7 Declaration Declaration of Dr. S. Noel Sturm, # 8 Declaration Declaration of Dr. William R. Whetstone, # 9 Declaration Declaration of Dr. Miguel Dominguez, # 10 Declaration Declaration of Susan Westover, # 11 Exhibit Exhibits in Support of MSJ, Volume I, # 12 Exhibit Exhibits in Support of MSJ, Volume II, # 13 Exhibit Exhibits in Support of MSJ, Volume III)(Westover, Susan)

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CALIFORNlA STATE UNIVERSITY
OFFICE OF GENERAL COUNSEL
Christine Helwick (SBN 057274)
Susan Westover (SEN 15121 I)
40 I Golden Shore, 4th Floor
Long Beach, CA 90802-4210
Tel.: [phone]
Fax: [phone]
swestover{t calstate.edu
Attorneys for Defendant Board of Trustees
of the California State University

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNlA

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T ARIKH DEMEKPE,

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Plaintiff,

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vs.
BOARD OF TRUSTEES OF THE
CALIFORNlA STATE
UNIVERSITY,

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Defendant.

Case No. CV I 1-1177 DDP (MLG)
November 2 1, 20 I I
10:00 a.m.
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Hon. Dean D. Pregerson

Date:
Time:
Courtroom:
Judge:

DECLARATION OF DR. ANUPAMA
JOSHI IN SUPPORT OF DEFENDANT
CSU'S MOTION FOR SUMMARY
JUDGMENT
Date of Filing:
Trial Date:

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February 23,20 II
Not Set

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I, Dr. Anupama Joshi , declare as follows:
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In Fall of 20 I 0, I was the Acting Director and Associate Dean of the

College of Professional Studies in CSUDH's School of Health and Human Services.
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Prior to Tarikh Demekpe's submission of a formal grade appeal, I had

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received several emails between Mr. Demekpe, Jorge Escamilla, and/or Ginger Wilson,

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including those submitted as CSU Exhibit Nos. 17 and 19.

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3.

On August 27, 20 I 0, Mr. Demekpe submitted a grade appeal via email to

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me. True and correct copies of that email and its attachment are submitted as CSU

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Exhibit 20. The one-page appeal did not specify whether the appeal was directed to the

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grade from Spring or Summer 20 I O. The grounds cited for the appeal were alleged
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MSJ: DEC. OF DR. ANUPAMA JOSHI

Case No. CV 11-1177 DDP (MLG)

"attendance discrepancies and poor grading methods." Mr. Demekpe requested that "all
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of [his] assignments be evaluated by the board," but he did not submit any assignments

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for review in that email or at any other time.

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In reply to the August 27th email, I sent Mr. Demekpe an email that same

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day acknowledging receipt of the grade appeal, and providing a link to the procedures to

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be followed.

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submitting additional information. A true and correct copy of the August 27-28, 20 I

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email exchange between us is submitted as CSU Exhibit 2 I.

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On August 28, 20 I 0, Mr. Demekpe replied, noting that he would be

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On September 3, 20 I 0, Mr. Demekpe sent me another email and

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attachment in support of the grade appeal.

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about his grades from both Spring and Summer, listing the different grades he received

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on each of the class assignments.

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attachment is submitted as CSU Exhibit No. 22.

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Mr. Demekpe ' s attachment complained

A true and correct copy of that email and its

On September 13, 2010, Mr. Demekpe sent me another email and

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attachment in support of the grade appeal. The attachment purported to be a letter from

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a former student, Celeste Wilson, noting that when she took HUS 460 class in Summer

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2009, the instructor offered an extra credit opportunity. The letter was unsigned. A true

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and correct copy of that email and its attachment is submitted as CSU Exhibit 23. I

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conferred with Ms. Celeste Wilson and learned that she took the course a year before

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Mr. Demekpe.

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7.

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On or aller September 19, 20 I 0, I reviewed the email and attachment from

Prof. Escamilla (Exh. 24). On or after September 20,2010, I reviewed Ginger Wilson's
email and attachment (Exh. 26). I also conferred with Mr. Escamilla, who explained to

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me his grading criteria and where Mr. Demekpe had lost points. After consideration of

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all the facts and evidence before me, I concluded that the grade should not be changed.

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On October I I, 20 I 0, I sent my written recommendation on the grade appeal to the
grade appeals board. A true and correct copy of my recommendation is submitted as

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CSU Exhibit 27.
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MSJ: DEC. OF DR. ANUPAMA JOSHI

Case No. CVI I - I 177 DDP (MLG)

8.

After I submitted my written recommendation, I continued to be kept

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apprised of email communications between Mr. Demekpe, Prof. Escamilla, and Ms.

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Wilson, including a number of inappropriate messages from Mr. Demekpe.

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I declare under penalty of

pe~iury

under the laws of the State of California that

thi s declaration is true and correct.

tober ('2,20 II. at Carson, California.

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MSJ: DEC. OF DR. ANUPAMA JOSHI

Case No. CVII-II77 DDP (MLG)

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PROOF OF SERVICE
Demekpe v. Board of Trustees of the California State University
U.S. District Court Case No.: CV11-1177 DDP (MLG)
OGC No.: 11-0186
I, Jason T. Taylor, declare as follows:
I am employed in the County of Los Angeles, State of California. I am at least 18 years
old, and not a party to this action. I am an employee of California State University,
Office of General Counsel, whose business address is 401 Golden Shore, 4th Floor,
Long Beach, CA 90802-4210.

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On October 17, 2011, I served the document described as DECLARATION OF DR.
ANUPAMA JOSHI IN SUPPORT OF DEFENDANT CSU’S MOTION FOR
SUMMARY JUDGMENT on the interested parties in this action as follows:
Tarikh Demekpe
688 Caliburn Drive, #24
Los Angeles, CA 90001

Plaintiff In Pro Per
[e-mail]
Tel: [phone]

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BY MAIL—COLLECTION BOX: I placed each document in a sealed envelope
with postage fully prepaid, in the California State University Office of General
Counsel’s mail collection box in Long Beach, California, so that following
ordinary business practices, the envelope would be collected and mailed on this
date. I am readily familiar with this office's business practice for collection and
processing of mail. In the ordinary course of business, each document would be
deposited with the United States Postal Service on that same day.
BY E-MAIL: I served each document on the parties by emailing each document
in PDF format to each email address listed above. Each e-mail was successfully
sent via CSU’s email server.
Signed on October 17, 2011, at Long Beach, California. I declare under penalty of
perjury under the laws of the State of California that this declaration is true and correct.

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Jason T. Taylor
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MSJ: DEC OF DR. ANUPAMA JOSHI

Case No.: CV11-1177 DDP (MLG)