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Reifschneider v. UCLA: Observations on UCLA's Respondent's Brief

UCLA filed a 70-page Respondent's Brief in February with the California State Court of Appeal in Reifschneider v. UCLA. Former Chemistry Department graduate student Diane Reifschneider is appealing the verdict in the 1998 jury trial of her sexual harassment case against her thesis advisor, Professor Malcolm Nicol, and against UCLA. If she wins the appeal, she is entitled to a new trial. Here are some observations regarding the brief.
Much of Reifschneider's appeal concerns the pretrial dismissal of 11 of her 12 causes of action. Yet, in several sections, UCLA's arguments seem dependent on the jury's verdict. Since she claims the dismissed causes of action prohibited the jury from reviewing key evidence, it seems invalid for UCLA to use the verdict to justify its arguments.
The brief contains 10 pages of details about trial defendant Nicol's alleged "consensual relationship" with Reifschneider before launching into legal arguments regarding applicable case law and statutes (p. 23). Several pages are devoted to item-by-item lists of the gifts that Nicol bought for Reifschneider leading our (non-legal) reviewer to wonder if the legal discussion is too weak to stand on its own merits. UCLA contradicts its characterization of the personal relationship between Nicol and Reifschneider by confirming that "they always took separate rooms" when they traveled to off-campus research sites.
UCLA offers no explanation why Reifschneider never introduced Nicol to her friends or family as her "boyfriend" or acted in other ways one would expect in a relationship as serious as UCLA portrays it. Although the brief claims Nicol was "in love" (p. 12), the "relationship" appears to have been one-sided.
Lastly, the language in the brief seems sarcastic and punitive in some places, e.g., "Plaintiff's contention that her credibility was 'seriously damaged' by the exclusion of the fact that she complained to UCLA is absurd. Her credibility was damaged, all right, but by far more obvious factors"


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