October 30, 2025
Via Personal Delivery and email to peyrin@berkeley.edu
Peyrin Kao
Lecturer–Academic Year
10158710
peyrin@berkeley.edu
RE: Notice of Intent of Suspension without Pay
Dear Lecturer Peyrin Kao,
In accordance with Article 30 – Discipline and Dismissal (attached) of the collective bargaining agreement (CBA) between the University of California and the University Council, American Federation of Teachers at the University of California (“UC-AFT”) covering employees in the IX - Lecturer Unit, this is a Notice of Intent to suspend you without pay during the spring 2026 semester for serious misconduct. Your unpaid suspension will be effective from January 1, 2026 through June 30, 2026, and you are not to report to work or to do any work during this period. This action is based on the letter of findings issued by Executive Vice Chancellor & Provost Benjamin Hermalin on October 20, 2025 (see attached). Your actions, as described in that letter, constitute serious misconduct that is unacceptable and show a pattern of violating Regents Policy 2301. As stated in Article 3, Section B.4. of the IX contract, “The parties agree that certain conduct by NSFs is unacceptable and is inconsistent with their role as instructional faculty.” Therefore, your violation of these established standards of conduct is grounds for a suspension without pay for the spring 2026 semester.
You are expected to achieve immediate and sustained improvement as outlined below.
You received a Written Censure on February 21, 2024 (document attached), directing you to comply with Regents Policy 2301 during the spring 2024 semester and any subsequent terms.
Despite receiving the Written Censure, I have learned you violated Regents Policy 2301 in spring 2024 by using the CS 61B classroom to share and advocate for political views concerning topics not germane to the course at the end of the April 26, 2024 lecture. You were found to further violate Regents Policy 2301 in fall 2025 by informing students during the CS 61B course that you were in the midst of a hunger strike (“starvation diet”) in support of Palestinians in Gaza. Details on these findings may be found in the attached October 20, 2025 letter.
Your continued failure to comply with Regents Policy 2301 is unacceptable and constitutes a failure to perform duties as directed (i.e., insubordination).
Impact
Your continued failure to comply with Regents Policy 2301 continues to make some students in your courses very uncomfortable. I received reports that your actions made CS 61B a hostile environment for them and they disguised their identity for fear of retaliation. This must stop immediately.
Expectations
Below are the expectations/action steps needed to remedy your misconduct described above:
It is your responsibility to ensure that you correct this pattern of misconduct and meet the expectations listed above. Failure to follow these directives can result in further disciplinary action related to your employment status, up to and including termination. If you have any questions about this communication and the expectations going forward, immediately reach out to me.
Opportunity to Respond
In accordance with the provisions of Article 30 of the CBA, you have the opportunity to respond orally or in writing to this Notice within fourteen (14) calendar days from the issuance date of the Notice, which is until November 13, 2025 to respond. If you choose to respond, a Reviewer has been designated to receive and evaluate your response and then provide me with a report. After I have reviewed the report, I will then notify you of my decision regarding the final discipline, including the date upon which it will become effective, if applicable.
If you elect to meet with the Reviewer, you have the right to representation by a representative of your choice, including the union. You may schedule a time to orally deliver your response or provide your written response by contacting Dean Eric Meyer, the Reviewer, at eric.meyer@berkeley.edu.
Should you have any other questions, please contact Julie Flinker, AP Analyst, at jflinker@berkeley.edu.
Sincerely,
Jelani Nelson
Professor and Chair
Department of EECS
University of California, Berkeley
cc: Eric Meyer, Dean, School of Information
Mark Asta, Interim Dean, College of Engineering
Jennifer Chayes, Dean, College of Computing, Data Science, and Society
Employee and Labor Relations – hradmin_elr@berkeley.edu
Academic Personnel Office - appolicy@berkeley.edu
UC-AFT - unit18ucb@ucaft.org and jconte@ucaft.org
Attachments: Article 3 – Academic Responsibility
Article 30 – Discipline and Dismissal
February 21, 2024 Written Censure
September 23, 2025 letter from Nelson and Wawrzynek to Kellie Brennan
October 20, 2025 letter from Hermalin to Nelson and Wawrzynek
Proof of Service