Paddled by Professor, Student Sues : College: Cal State Fullerton teacher says the incident has been distorted. School officials say they have taken ‘appropriate action.’

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

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

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

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 sessions.

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 he agreed to lower 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.

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 racist.

In an interview Thursday, Foster told The Times he regretted striking Johns. He said the incident took place after the professor and student 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.

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.

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 an a responsible adult or a “dumb kid who gets his bottom swatted.”

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 as an American teen-ager got in Singapore for a vandalism.

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.