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Reifschneider Trial
Notes from the front lines
By Catherine Shepard -Haier
I attended the trial of Diane Reifschneider's sexual harassment
suit against UCLA Chemistry Professor Malcolm Nicol for three days in
February. It is difficult to report objectively on this most blatant and
macabre attempt by UC to defy both the law and human decency.
UC's opening arguments portrayed Diane's relationship with her
research advisor as a romance gone sour, claiming that she accepted
dinners, travel and gifts and that they shared a common interest in
science and in her research project. The word "dating" was used a lot
while "student" was never mentioned, according to my notes. Nicol appeared
to be about 25 years older than Reifschneider; court documents described
him as weighing 300 pounds.
The plaintiff's first witness was Dr. Jim Mintz of UCLA, Diane's
psychiatrist. He characterized her symptomsÑdespair, inability to
function, hallucinations, flashbacksÑas post traumatic stress and severe
depressive disorders, and described her eventual breakdown and
hospitalization. He detailed abusive behavior, the alternation of private
domination with public humiliation to exert control, and how it erodes the
victim's ability to escape. He described Diane's fear of retaliation and
told how prolonged sexual abuse had permanently affected her physical and
mental health.
Diane's father testified briefly about her childhood in Nebraska, her
activities (4-H, swimming, drill team, clubs) and her exceptional ability
in math and physics. Her mother testified about her emergency visit in the
spring of 1995 when Diane was unable to speak coherently on the telephone
and barely recognized her mother when she arrived. She told how Nicol
spent nearly every day, from early to late, in Diane's apartment,
sometimes fondling Diane in front of her mother.
Professor Peter Felker of UCLA's Chemistry Department testified
next about the positive evaluation he wrote after Diane's orals,
recommending her advancement to candidacy, and confirmed that she won an
award for outstanding teaching.
Professor Nicol testified for a day and a half. He said he gave
tutorials at his home to Diane and admitted engaging in sexual activities
with her. He said he wrote her letters confessing his sexual harassment
and abuse but didn't mean them and only wrote them to help her get well.
He said he asked the UCLA ombudsperson to recommend mental health
professionals for Diane and also took her to see his own psychiatrist.
When court adjourned Nicol was scheduled to finish his testimony at the
next session.
Having a supporter in court visibly helped Diane deal with hostile
testimony, and the defense complained that I wore my WAGE button. We're
making an impact!
(As of this writing, Diane has just completed five days on the
stand, most of it brutal cross-examination by Nicol's (female) attorney.
Ed.)
-wage@wage.org-