Fresno City College administrators have found that Dr. Bradley Lopez, a health instructor, “engaged in conduct that could result in the creation of a hostile learning environment by unreasonably interfering with students’ learning by making insulting comments directed at homosexuals.”

Lopez’s attorney, Charles Magill, said the instructor would appeal.

An investigation report dated March 8, 2010 – addressed to Jacqueline Mahaffey, Jay Matthews and Kenneth Belville, the FCC students whose petitions started the inquiry – revealed the decision made by the college.

Mahaffey and Matthews filed a petition against Lopez in fall 2009 for creating a hostile atmosphere in the classroom by teaching his personal beliefs as fact and science.

Lopez has maintained that he is protected by the State Center Community College District’s academic freedom policy and that he has done nothing wrong.

Christopher Villa, the vice president of student services, wrote in the letter that Lopez violated several rules, including Administrative Rule 3430, which prohibits “insulting comments directed at a group based on sexual orientation;” engaging in indoctrination, as well as the presentation of irrelevant material. “Dr. Lopez further violated district policy by teaching religious material,” Villa wrote.

In an interview with The Rampage on March 15, Mahaffey and Matthews expressed relief that the college was finally addressing the situation.

“I’m glad that they [the college] are finally acknowledging that Lopez is doing something wrong,” Matthews said.

The letter acknowledges that some of Dr. Lopez’s statements in his classes were, indeed, protected under the State Center Community College District’s academic freedom policy.

The letter emphasized that “instructors are entitled to interpret personal findings and to communicate their conclusions, even when at variance with those of other persons.”

However, Villa noted in the letter, “Nothing in the district’s academic freedom policy or any other controlling law or policy permits instructors to engage in indoctrination, the presentation of irrelevant subject matter, or the creation of hostile learning environment for students.”

The college will take “appropriate actions to address the violations of policy and regulations,” Villa wrote.

Mahaffey said she was eager to find out how the college will discipline Lopez.

“I really hope that they do more than give him a slap on the wrist,” Mahaffey said.

Matthew agreed, citing the exposure the story received locally and nationally.

“It’s strange how it took a national awareness for the school to take some action,” Matthew said.

In a telephone interview with The Rampage, Magill insisted that his client has done nothing wrong.

“The administrative agents, [Vice President of Student Services] Chris Villa, did not consider the statements made by Professor Lopez,” Magill said. “As far as I can tell there was no further investigation made.”

Magill feels that Dr. Lopez’s academic freedom was violated and the accusations against him are “false and flawed.” He expects the college to send a letter of reprimand to Lopez. After that, they plan to make an appeal at the next court hearing.

According to The Fresno Bee, Magill was hired by the Pacific Justice Institute, a Sacramento-based nonprofit organization that specializes in defending religious freedom and civil liberties.

Elizabeth Gill, staff attorney of the American Civil Liberties Union, who had challenged the college to act on the complaints filed by the students, told The Rampage last week that she will not relent until FCC satisfactorily resolves the matter.

“I will not forget this case,” Gill said.

Staff writers Ramiro Gudino and Jordan Hoover contributed to this report.