The inquiry into the forced ejection of an international scholar at Oxford University has been in effect blocked by action in the High Court.
After the investigation by The THES, Oxford vice-chancellor Colin Lucas set up an inquiry, led by retired QC Sir Oliver Popplewell, to look at law professor Denis Galligan's decision to enforce an exclusion order against a junior colleague, an international scholar of Asian origin.
But last week, a court application by Professor Galligan's lawyers prevented the inquiry going ahead as planned this month. The lawyers argued that the inquiry had been set up for an "improper purpose, mainly to satisfy media criticism" in The THES, and that it would be unfair.
In reports since December, The THES has revealed that not only had Professor Galligan faced previous criticism for a "forceful and abrasive" management style, he had been subject to disciplinary action for aggressive behaviour when his exclusion order was approved by the university's proctors.
The Oxfordshire Racial Equality Council had also attacked an initial internal report into the affair as "fundamentally flawed". Although the report by Pro-vice-chancellor Sir Anthony Kenny found that the incident "distressed and humiliated" the ejected scholar, it vindicated Professor Galligan's decision. Sir Anthony declined to investigate whether Professor Galligan's actions in ordering the exclusion had been justified because the university's statutes leave such decisions to the discretion of departmental heads.
Professor Galligan's lawyer, Les Christie of Pinsent Curtis Biddle, confirmed that Professor Galligan had been granted leave for a judicial review of the university's decision to hold the inquiry. Until the review hearing, Oxford must put the investigation on hold. Mr Christie said Professor Galligan had been vindicated by Sir Anthony's inquiry and should not be subjected to "double jeopardy". Mr Christie has also said that the vice-chancellor had set up the inquiry "to deflect adverse media attention from the university" after the THES reports on the affair.
The ejected scholar has declined to cooporate with the inquiry because he seeks a full external and public investigation. He has submitted a complaint against the university to the Commission for Racial Equality. The Commission, under the Race Relations Act, is seeking the vice-chancellor's response to allegations of race discrimination before deciding whether to take up the case.
Want to blow the whistle? Contact Phil Baty on 020 7782 3298 or email phil.baty@thes.co.uk