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Cal State Student to Get $35,00 for Swat

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From a Times Staff Writer

Cal State Fullerton and a retired professor have agreed to pay a settlement of $35,000 to a student who accused the teacher of swatting him on the bare buttocks in lieu of flunking him from his class, sources close to the case said Friday.

Keary Johns, 25, will receive $25,000 from the university and $10,000 from Prof. Emeritus Julian Foster, 69. Johns had been seeking $1 million in damages in Orange County Superior Court in an action he claimed was racially motivated. Johns is black; Foster is white.

Johns has admitted he failed to attend any of Foster’s lectures, and that had he been given a grade of F, would have fallen below an aggregate 2.0 grade-point average, the minimum required to graduate.

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According to the lawsuit, Foster gave Johns an ultimatum: Drop the class as an incomplete, which would result in a failing grade, or accept six swats on the bare buttocks from a thick ruler.

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