Blindsided
After the event, according to court documents, Nora Kern, MD, and one of the panelists filed a professionalism concern card about Mr. Bhattacharya’s discourse. “This student asked a series of questions that were quite antagonistic toward the panel. He pressed on and stated one faculty member was being contradictory. His level of frustration/anger seemed to escalate until another faculty member defused the situation by calling on another student for questions,” Dr. Kern wrote on the card that was later included in Mr. Bhattacharya’s case filing.
According to Regina Rini, PhD, Canada research chair in philosophy of moral and social cognition at York University in Toronto, there are two layers to Mr. Bhattacharya’s discussion with the panel. She told this news organization that the first level is the content of the conversation: “His very first question was a very reasonable one.” Since the 1970s, when Chester Pierce first coined the term microaggression, most experts have agreed that the action must be directed at a person within a marginalized group. “It sounds like the presenter has a nuanced view,” Dr. Rini said. She added that his “was a fair question to ask.”
However, Dr. Rini said the second layer – the way conversation took place – is a separate concern. “Maybe two rounds of questions later, he starts speaking quickly” and fires off multiple questions one after the other, when asking if Dr. Adams had any evidence, and called her support anecdotal, Dr. Rini said. “That’s not a cooperative attempt to hear an answer.”
“He’s a little antagonistic,” Alana Nichols, JD, MD, attorney and a medical pediatrics intern at the University of Alabama at Birmingham, said after listening to the recording. “He did sound like he had an agenda and was not being receptive to what they were saying.” However, Dr. Nichols said, “What brought me pause as someone in medicine was the way it escalated.”
After Dr. Kern filed the professionalism concern card, two faculty members contacted Mr. Bhattacharya. Christine Peterson, MD, assistant dean for medical education, emailed to ask if he wanted to discuss how to navigate uncomfortable conversations and how to cope with “unintended consequences of conversations.” The day after the panel, John Densmore, MD, associate dean for admissions and student affairs, emailed Mr. Bhattacharya, asking to meet the following week.
Mr. Bhattacharya met with both deans. Dr. Peterson only briefly mentioned the panel. Dr. Densmore didn’t at all, according to court documents. Dr. Densmore also didn’t mention the professionalism concern card to Mr. Bhattacharya. However, the Academic Standards and Achievement Committee discussed it about 2 weeks later, at their monthly meeting.
Dr. Kern was the only voting member present who actually witnessed the microaggression panel. Dr. Peterson was there as a guest. The committee voted unanimously to send Mr. Bhattacharya a letter, reminding him of the importance of showing respect to everyone. The letter was sent the following day, Nov. 14, 2018. Mr. Bhattacharya still had no knowledge of the professionalism concern card.
On Nov. 26, Dr. Densmore sent Mr. Bhattacharya an email that read: “We were notified by the Dean of Students Office that you were heading back to Charlottesville. You will need to be seen by CAPS [Counseling and Psychological Services] before you can return to classes.”
On Nov. 27, court records show Mr. Bhattacharya emailed Dr. Densmore, questioning the school’s ability to mandate psychiatric evaluation. The decision was reinforced with an email from the then senior associate dean for education at UVA Medical School. Mr. Bhattacharya was not permitted to return to class without the evaluation.
“If I were in his situation, I would feel kind of blindsided,” Dr. Nichols said. Mr. Bhattacharya met with two deans immediately after the event, during which he said his conduct with the panel was barely or not at all mentioned. To him, the situation could well have seemed to be over, Dr. Nichols said. In her opinion, as a lawyer and doctor in training, the situation “escalated very quickly and not very transparently.”