Four Binghamton University professors, and the University at large, are facing a lawsuit alleging a range of charges ‘ including copyright infringement, discrimination and civil rights violations ‘ filed by a former graduate student.

Charles O. Ogindo filed the suit on Dec. 19 against BU and faculty members John J. Eisch, David Doetschman, Alistair Lees and Wayne Jones, Jr., on a list of grievances which ultimately ended in Ogindo’s dismissal from the program.

Ogindo, who is a citizen of Kenya, claims he was subject to racist and prejudiced behaviors by the defendants while he was pursuing a doctoral degree in BU’s chemistry department. In addition, Ogindo contends that Eisch, who headed the research group for doctoral dissertation which Ogindo joined, confiscated his laboratory notebooks and materials, and the results of his experiments were included in a number of Eisch’s published documents, without giving the former credit.

The results allegedly published by Eisch ‘ which deal with forming safer and more efficient ways for converting raw materials in fine chemicals, including pharmaceuticals ‘ hold an estimated value of about $200 million in the U.S., Ogindo says.

According to court documents filed by Ogindo’s lawyer and obtained by Pipe Dream, Ogindo’s grievances against BU itself take the form of a ‘breach of implied contract,’ as he claims the University’s handling of his complaints was not in sync with official policy.

‘When Plaintiff complained about Defendants’ misconduct, there was no fair or meaningful hearing,’ the document states. ‘This denial of due process breached the implied contract of fair dealing because the issues Plaintiff raised were both disciplinary and academically based.’

But according to BU spokeswoman Gail Glover, Ogindo had failed to handle his complaints within the school’s official policy.

‘All the graduate schools’ programs have very high standards and these standards can occasionally lead to misunderstanding or disputes, for which there are University procedures for resolution,’ she said. ‘At this time, he [Ogindo] has not sought to pursue this matter through those procedures.’

Glover said the University must ‘adhere to FERPA [Family Educational Rights and Privacy Act] confidentiality requirements’ because Ogindo is still a student, and cannot discuss the case in detail.

Ogindo originally filed a lawsuit last May in Supreme Court, but the judge that ruled the case did not fall under that court’s jurisdiction.

With the current suit, which was filed in the U.S. District Court for the Northern District of New York, Ogindo hopes to eradicate his current academic standing, which according to his lawyer, Feyi O. Gaji, is currently ‘in limbo.’

‘We believe that we can prove every allegation that was made in the complaint,’ Gaji said. ‘ This is extremely important not only to Ogindo, but to every student in college anywhere in the country.’

A pretrial conference is scheduled for April 18 before Magistrate Judge David E. Peebles.