After a contentious process that played out for nearly 10 months, Penn State assistant professor Oliver Baker recently learned he would not be terminated by the university after last August’s scuffle with a student agitator at a pro-vaccine rally.

Baker, whom a court cleared of all charges by November, had still faced termination by the university for “grave misconduct” toward the student counter-protester.

But, in a memo addressed from university President Neeli Bendapudi that she said could be shared with faculty senators, Bendapudi wrote that while Baker’s actions were “clearly misconduct,” she also did not believe they merited termination.

“I have determined this is clearly misconduct by the faculty member,” she wrote in a memo dated June 3 and obtained by the CDT. “I have also determined that there is not clear and compelling evidence that this behavior rises to the level of grave misconduct required to terminate employment and revoke tenure. The consequences are a confidential personnel matter.”

It was not immediately clear what those consequences entailed. A Penn State spokesperson declined to comment when asked if Baker was expected to teach class in the fall.

Through an attorney, Baker also declined to comment.

The controversy stemmed from a faculty-organized pro-vaccine rally on the University Park campus Aug. 27. According to a criminal complaint, Baker was accused of trying to take the sign of a counter-protester — whom organizers characterized as “being physically aggressive toward peaceful attendees” — before pulling him to the ground and injuring him during the ensuing scuffle.

Two misdemeanor charges of simple assault and disorderly conduct were dropped in October after Baker’s lawyer described the counter-protester as having “antagonistic, menacing and aggressive behavior.” In November, Centre County District Judge Steven Lachman found Baker not guilty on his lone remaining charge, a summary count of harassment. At the time, many supporters believed that would be the end of Baker’s issues with the university.

Instead, Penn State still opted to begin the preliminary termination proceedings — a move that led to at least three on-campus rallies, a national story from the Chronicle of Higher Education and at least nine groups railing against the university.

Supporters of Baker were puzzled as to how his behavior could be considered “grave misconduct,” a fireable offense, if witnesses felt the counter-protester was the aggressor and the courts sided with Baker. Their frustration was only amplified by university officials who declined to comment because it was a personnel matter.

A March rally eventually spilled onto the streets in downtown State College, backing up traffic for blocks as a student-based group sought justice for Baker. In late April, nine groups gathered at the steps of Old Main to again rally — with representation from Alleghenies Abolition, American Association of University Professors (local chapter), Central Pennsylvania United, Centre County Democratic Socialists of America, Coalition for a Just University, Liberal Arts Collective at Penn State, NAACP (local chapter), Schreyer Gender Equity Coalition and Students Against Sexist Violence.

Bendapudi, Penn State’s 19th president who succeeded Eric Barron on May 9, was not on campus when the incident occurred. But, as president, the decision to fire Baker or reinstate him ultimately rested with her.

She laid out much of her thinking in a three-page memo that Penn State’s faculty chair shared with colleagues Monday.

“Throughout my career, I have made it a point to model and stand up for appropriate conduct in the workplace,” Bendapudi wrote. “I have said privately to my teams and publicly to news media that I believe culture is what you tolerate. I take allegations of misconduct seriously and want to exist in a workplace that does the same. I also believe that we should not be judged by our best or worst moments in life apart from that conduct which is clearly reprehensible or unimpeachably laudable.

“I believe that systems of discipline must be fair, consistently applied, and built to seriously address behavioral issues without being so punitive that they erode trust in the system by their very application. I believe we have opportunities to these ends as it relates to Penn State’s faculty disciplinary policies.”

Later in the memo, Bendapudi shared other “concerns” with Penn State’s formal AC70 dismissal procedure, namely that it allows basically no alternative outside of termination. In some cases, she wrote, that might mean a faculty member receives a harsher punishment than is appropriate — while, in others, a faculty member whose behavior is improper but doesn’t rise to the level of termination might wrongly believe there’s no problem.

“Both outcomes are deleterious to the institution and to the faculty body,” she added.

Bendapudi — who also said she was “troubled” by personal attacks on other administrators — hoped to open a dialogue about an updated accountability policy for faculty. In an email to faculty senators, faculty senate chair Michele Stine said she was “very pleased” that Bendapudi requested they come to a mutually beneficial solution.

Bendapudi said she looked forward to discussing the matter at her next meeting with the faculty senate’s leadership.