Amy Wax Submits 59-Page Memo Seeking Postponement Of Penn Disciplinary Proceedings, Citing Cancer Treatment

Following up on my previous posts (links below):  Daily Pennsylvanian, Amy Wax Submits Memorandum For Dismissal of Disciplinary Proceedings, Citing Cancer Treatment:

Amy Wax's legal team submitted a memorandum seeking the dismissal of the ongoing University disciplinary proceedings against her on grounds of a "disabled state" from illness.

The 59-page memorandum claims that Wax — the tenured Penn Law School professor who is facing potential punishment for her inflammatory conduct — is undergoing treatment for “life-threatening” cancer, and asks for postponement of the ongoing proceedings until “at least” the end of the year. David Shapiro, Wax’s lawyer, sent the document to Faculty Senate Chair Vivian L. Gadsden, who is overseeing the proceedings, on Aug. 31:

The substantive and procedural problems with the proceedings instituted by Dean Ruger are immense and require immediate rectification before any more harm is done to the University, the Law School, Professor Wax, and other University stakeholders. As Chair of the Faculty Senate, you are “the principal executive officer” of the Senate, and you have “such powers as are appropriate to the office.” Faculty Senate Rules, Rule 4 (“Duties of the Chair”). I therefore respectfully submit this memorandum in support of Prof. Wax’s request that you, as Chair:

1. Postpone further proceedings until Prof. Wax’s cancer treatment concludes;
2. Order the University to produce information regarding the proposed Hearing Board Members pursuant to Section II.E.16.4.D of the Handbook for Faculty and Academic Administrators (the “Handbook”);
3. Dismiss the March 2, 2022 Written Charges;
4. Disqualify Dean Ruger as the Charging Party;
5. Retain, on behalf of the University and Prof. Wax, a neutral third-party to determine pre-hearing issues;
6. Order the University to produce information, pursuant to Section II.E.16.4.D of the Handbook, relevant to Prof. Wax’s affirmative defense that her comments on Black law student performance was truthful and accurate; and
7.  Provide additional information requested below on the various charges against Professor Wax.

• Law.com, Embattled Penn Law Prof Amy Wax, Citing Cancer Treatment, Requests Postponement of Disciplinary Proceedings
• Legal Insurrection, U Penn Law Prof. Amy Wax Seeks Dismissal Of University Disciplinary Proceedings: “Premature, Unwarranted, and Prejudicial”

Prior TaxProf Blog coverage:

• Wax & Alexander: Paying The Price For Breakdown Of The Country's Bourgeois Culture (Aug. 13, 2017)
• Reaction To Law Profs' Op-Ed On The Breakdown Of The 'Bourgeois Culture' (Aug. 25, 2017)
• Penn Law Students Try To Ban Amy Wax From Teaching Civil Procedure Due To Her Breakdown Of The Bourgeois Culture Op-Ed (Sept. 10, 2017)
• Controversy Over Law Profs' Op-Ed On The Breakdown Of The 'Bourgeois Culture' Shifts From Penn To San Diego (Sept. 21, 2017)
• More Law Prof Reactions To The Wax & Alexander Op-Ed On The Breakdown Of The 'Bourgeois Culture' (Sept. 22, 2017)
• Reynolds: It Is Time Academics Preach the Virtues They Practice (Sept. 26, 2017)
• Penn Alumni Speak Out Against Breakdown Of The 'Bourgeois Culture' Op-Ed (Sept. 26, 2017)
• Wax: The Closing Of The Academic Mind (Feb. 19, 2018)
• Penn Dean Denies Amy Wax's Claim That He Asked Her To Take Leave Due To Controversial Op-Ed (Feb. 21, 2018)
• Heather McDonald: The Penn Law School Mob Scores A Victory (Mar. 19, 2018)
• Amy Wax: The University Of Denial — Aggressive Suppression Of The Truth Is A Central Feature Of American Higher Education (Mar. 24, 2018)
• Amy Wax Controversy Drags Penn Law Into Free-Speech Dilemma (July 27, 2019)
• Penn Law Removes Statement On RBG’s Death After Inclusion Of Amy Wax Quote Sparked Outrage (Sept. 29, 2020)
• Penn Law Dean Ruger Responds To Comments Made By Professor Wax (Jan. 6, 2022)
• Debate Intensifies Over Potential Discipline For Penn Law Prof Amy Wax (Jan. 15, 2022)
• Penn Law Dean Starts Process That Could Lead To Sanctions On Professor Amy Wax (Jan. 19, 2022)
• More Commentary On The Amy Wax Controversy At Penn (Part 1) (Jan. 25, 2022)
• More Commentary On The Amy Wax Controversy At Penn (Part 2) (Jan. 31, 2022)
• Penn Law Dean Ted Ruger Requests Faculty Senate Impose ‘Major Sanction’ Against Tenured Professor Amy Wax (July 18, 2022)
• Amy Wax Raises Over $125,000 To Defend Against ‘Major Sanction’ By Penn; Academic Freedom Alliance Calls For 'Complete Exoneration' (July 25, 2022)
• A Response To Penn Dean Ruger’s Letter Calling For A Major Sanction Against Professor Amy Wax (Aug. 4, 2022)
• Are Contributions To Amy Wax's Legal Defense Fund Tax Deductible? (Sept. 5, 2022)