Jump to content

Kyndra Rotunda

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by LilHelpa (talk | contribs) at 19:50, 12 September 2010 (General fixes and Typo fixing, typos fixed: harrassing → harassing using AWB). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Kyndra Miller Rotunda
Occupationlaw professorlawyer, US Army officer
NationalityUnited States
GenreLaw of War, Military Disability Law
SubjectDepartment of Defense, Criminal Investigations Task Force, Guantanamo military commissions
SpouseRonald Rotunda

Kyndra Miller Rotunda is an American law professor and an Army JAG officer (Major) in the United States Army.[1] Rotunda is currently a Law Professor at Chapman University.[2]

Rotunda is notable for her military service related to Guantanamo Bay, first as a Legal Advisor to the Guantanamo Detention Camp Commander, later as a legal advisor to the Department of Defense Criminal Investigation Task Force, then as a Prosecutor for the Guantanamo Military Commissions, and finally for publishing a book about her experience -- Honor Bound: Inside the Guantanamo Trials.[3]

George Mason University

Rotunda was previously a Law Professor at George Mason University, where she was the Director of a pro bono law clinic for military personnel and veterans.[4]

Chapman University & The University of California at Berkeley, Boalt Hall Law School

Both Rotunda, and her husband Ronald Rotunda joined a list of former faculty of George Mason University who took positions at Chapman University.

Rotunda developed and heads Chapman's pro bono law clinic for military personnel & veterans. She was recently named as a Lecturer at the University of California at Berkeley, Boalt Hall, to assist Boalt Hall in starting a similar clinic.[5]

Professor Rotunda advocates for military troops. Her op-eds have appeared in the Wall Street Journal, the Christian Science Monitor, The New York Sun, The Chicago Tribune, The Washington Times, The Orange County Register and others. Additionally, Rotunda has appeared on national and international television news programs including Al Jazeera, Hannity's America, and The Brit Hume Report.[6]

In September, 2008, Professor Rotunda testified before Congress about restoring the rule of law in Guantanamo Bay and various legal issues impacting the troops.[7]

Honor Bound

Michelle Shephard, author of Guantanamo's Child: The Untold Story of Omar Khadr, when summing up other books on Guantanamo, described this book as: "...a poorly written personal account of an Army JAG that glosses over critical events in Guantanamo's history with offhand dismissals."[8]

Rotunda's book has received favorable reactions from recognized legal experts. Most notably, Former Solicitor General Theodore B. Olson endorsed Rotunda's book, saying "No American should miss the opportunity -- and responsibility -- to read it. Bravo!"[9]

Alan Dershowitz, a Harvard Law Professor, called Rotunda's book an "eye-opening inside account [that] must be read by everyone who cares about balancing national security and human dignity."[9]

Dershowitz and Rotunda part ways regarding the question of torture. Dershowitz maintains that the law should permit it in the "ticking time bomb" scenario. Professor Rotunda rejects that view. She opposes torture and called Dershowitz's "ticking time bomb" hypothetical, "inherently imperfect because it assumes what we cannot know."[10]

Sexual harassment suit

According to The Docket Rotunda resigned from George Mason University's legal clinic on August 27, 2007, claiming the clinic's director, Joseph Zengerle had both insulted her generally, and had made sexually harassing comments and gestures.[11] Rotunda asserted that Zengerle had yelled at her. Rotunda asserted that Zengerle had assumed an inappropriate supervisory role. Rotunda asserted that Zengerle had undercut her, in front of her students. Rotunda asserted that Zengerle had required Rotunda to perform routine clerical tasks. Rotunda asserted that Zengerle had used obscene language and obscene gestures when communicating with her.

Rotunda had initiated formal grievance procedures through the University's channels on August 3, 2007.[11] The Vice President of the University, Christine LaPaille, wrote: "There was never any misunderstanding that he [Zengerle] would supervise her work," and, "A thorough investigation was conducted which found no basis for the allegations."

According to The Docket new documents submitted by Rotunda, after the University found her initial complaints had no basis, contained complaints that Zengerle described "instances of inappropriate physical contact, remarks, and propositions."[11] LaPaille stated: ""Even [in light] of the current allegations, we're confident that the University will be vindicated when the story comes out." Zengerle wrote: "It is regrettable that these provocative allegations would be disseminated in such an unseemly manner, especially when they were extensively investigated by the University, which found in my favor, and while this is before the EEOC, which I fully expect will dismiss the matter as well."

In July 2009, Rotunda filed a lawsuit against George Mason University School of Law, where three years earlier she had been hired as director of a legal assistance clinic for military service members. She contends she was harassed by Joseph Zengerle, the clinic's executive director,and that his sexual advances and subsequent retaliation caused the constructive termination of her job.[12]

However, after 100 hours of depositions and 100,000 pages of discovery, United States District Judge Leonie Brinkema granted the defendants' motions for summary judgment on the entirety of Professor Rotunda's federal claim against the university and the law school's dean, and entered judgment in their favor. Judge Brinkema also entered judgment in favor of Joseph Zengerle on all of Ms. Rotunda's harassment claims, pay discrimination claims, retaliation claims and all of her other federal claims. Judge Brinkema did, however, allow a pendant state tort claim, for assault and battery, to proceed to trial. [13][14][15][16]

References

  1. ^ "Author Information: Kyndra Rotunda". Carolina Academic Press. Retrieved 2008-11-23. mirror
  2. ^ "Kyndra Rotunda, Esquire and Author: News and Events". self published. Retrieved 2008-11-23. mirror
  3. ^ Kyndra Miller Rotunda (2008). Honor Bound: Inside the Guantanamo Trials. Carolina Academic Press. ISBN 978-1-59460-512-3. {{cite book}}: |access-date= requires |url= (help)
  4. ^ Peter Vieth (2008-06-02). "Rotundas to leave GMU for California law school: Pair are latest to join faculty for Chapman". Lawyer's Weekly. Retrieved 2008-11-23. mirror
  5. ^ Vik Jolly (2008-10-27). "Pendleton Marines could get more access to legal help at Chapman University". Orange County Register. Retrieved 2009-04-01.
  6. ^ "Kyndra Rotunda bio". Chapman University. Retrieved 2009-04-01.
  7. ^ "Restoring the Rule of Law: U.S. Senate Hearing transcript". United States Senate. 2008-09-16. Retrieved 2009-04-01.
  8. ^ Michelle Shephard (2008-11-23). "Guantanamo: A place that will live in infamy". Toronto Star. Retrieved 2008-11-23. mirror
  9. ^ a b "Promotional material appearing on Honor Bound book jacket". Carolina Academic Press. 2008. Retrieved 2008-12-24.
  10. ^ Kyndra Miller Rotunda (June 2008). Honor Bound: Inside the Guantanamo Trials. Carolina Academic Press. p. 84. ISBN 978-1-59460-512-3. {{cite book}}: |access-date= requires |url= (help)
  11. ^ a b c Pat Foltz (2007-09-05). "Professor Kyndra Rotunda Resigns From Service Members' Clinic: E-mail Alleges Sexual Harassment, Gender Discrimination". The Docket. Archived from the original on 2009-09-16.
  12. ^ Weissmann, Jordan and Tony Mauro, Ex-Professor Sues George Mason Law School for Harassment, October 5, 2009 Law.com originally published in the National Law Journal
  13. ^ Martha Neil (2010-05-24). "George Mason, Law Dean Win Bench Dismissal of Rotunda Sex-Harass Suit". ABA Journal. Retrieved 2010-05-29.
  14. ^ Tony Mauro (2010-05-24). "Judge Dismisses Most of Sex Harassment Case Against George Mason Law". Legal Times. Retrieved 2010-05-29.
  15. ^ Daniel de Vise (2010-05-26). "GMU prevails in sexual harassment case". Washington Post. Retrieved 2010-05-29.
  16. ^ Chuck Neubauer (2010-04-28). "GMU professor seeks dismissal of woman's suit". Washington Times. Retrieved 2010-05-29.