CSUF Bars Paddling Professor From Classes : Education: Black student seeks $1 million in bias claim. School officials says ‘appropriate action’ has been taken against the instructor.

A professor emeritus who said he swatted an African American student on the bare behind with a ruler will not be teaching at Cal State Fullerton anytime soon, according to a university official who said Friday that “appropriate action” has been taken in the case.

Professor Emeritus Julian Foster said he swatted the student during discussions over whether the student would be allowed to drop his political science class, but the professor said his actions were part of a joke that has since been taken out of context.

The student, Keary Jones, 23, of Fullerton, filed a discrimination claim Friday against the professor and the university seeking $1 million in damages. Jones said the teacher’s actions were degrading, but that he initially agreed to be paddled because he was desperate to keep a failing grade off this record so he could graduate this month.

Jerry Keating, spokesman for the university, said school officials looked into the incident earlier in the week and have since taken “appropriate action.”

Keating declined to elaborate, but said that Foster, 67, will not be teaching classes during the upcoming summer, fall or spring 1995 sessions.

Keating said he is not aware of any school policy regarding such physical contact between a professor and student.

“Frankly, I’m not aware of any specific language regarding spanking, because that’s not the kind of thing you expect here,” he said.

The incident occurred April 27 when Johns had asked to drop Foster’s class. Johns said the professor offered him two choices: six whacks with a ruler or a failing grade. The student said agreed to drop his sweat pants because he was desperate to graduate.

Johns said he backed away and began crying after Foster hit him once. He said Foster later told him that he had heard black fraternity members go through much worse during hazing and even brand each other.

Foster ultimately allowed the student to drop the class without being penalized. He participated in graduation ceremonies last week, but still must take a math class this summer to complete his undergraduate studies.

Many in the university community said Friday they were surprised by the peculiar incident, because Foster, who is white, is a well-regarded campus figure who has taught at the school since 1963. Leaders in the Orange County African American community said they are looking at the incident, but took care not to immediately categorize it as a racist incident.

In an interview Thursday, Foster told The Times he regretted striking Johns. He said the incident took place after the professor and student each tried to outbluff each other during a dispute over whether Johns should be allowed to drop the class to escape a failing grade.

The complaint filed by Johns alleges racial discrimination and assault and battery. Foster has denied that race played any role in the incident.

But Johns said he was particularly offended by the comment Foster made regarding black fraternity members.

“I don’t honestly think he would have done this to a white kid,” said Johns, who does not belong to a fraternity.

Johns had needed Foster’s permission to drop the class, because an incomplete grade would result in a failure and could keep Johns from graduating.

Foster said in a statement Friday that Johns originally asked the professor to give him a D grade, even though Johns never attended any classes. Foster said he was lecturing the student on whether he wanted to be treated like a responsible adult or a “dumb kid who gets his bottom swatted when he breaks the rules?”

Foster said he was joking, but Johns wanted to take him up on the offer. Trying to call the student’s bluff, the professor said in his statement, Foster told Johns the penalty would be six lashes, the same amount of strikes that an American teen faced in Singapore for a vandalizing spree.

Foster said Johns surprised him by dropping his sweat pants.

“I flicked him with the ruler and was about to admit that he had won the bluffing contest,” when Johns’ demeanor changed and he became upset, Foster said.

“I think this was all a big misunderstanding,” said Chris Lowe, student body president at the university. “It’s very unfortunate. I know the professor and he is real personable, and I know he would never set out to hurt any student, physically or mentally.”

Jim Tippins, vice president of the local branch of the National Assn. for the Advancement of Colored People, said the organization will look into the incident, but did not want to make any assumptions in advance.

“We’re concerned, and we will look into it and take any steps if necessary,” he said.