The Foothill-De Anza Community College District's board voted this week to formally censure board member Gilbert Wong over harassing and discriminatory comments that he made to De Anza College's president related to race and skin color, as well as for the unauthorized disclosure of information concerning the district's search for a new chancellor.

At a Tuesday, March 28, special meeting, the board voted 4-1, with Wong dissenting, to censure him and disavow his conduct. The board has not disclosed the details of the comments that Wong made to De Anza President Lloyd Holmes, who is Black.

A "Determination Panel" made up of two board members and two district administrators released a report that found "probable cause that Trustee Wong subjected Dr. Holmes to unlawful harassment and discrimination on the basis of race or color in violation of District policy as a result of his comments regarding skin color."

The resolution that the board passed includes a range of sanctions beyond the censure including: removing Wong from his committee assignments and roles representing the district; rescinding approvals to cover travel expenses and organizational memberships and dues for the current school year; directing Wong to participate in anti-harassment and anti-discrimination training, as well as to refrain from meeting with Holmes without another board member present and to recuse himself from decisions about the new chancellor.

The resolution also directs community college district administrators to contact the Santa Clara County District Attorney's Office to investigate whether Wong violated the Brown Act — California's open meetings law — when he disclosed information from the board's closed session discussions.

District Chancellor Judy Miner plans to retire later this year, and the district is in the midst of searching for her replacement. According to the censure resolution, Wong disclosed information to Holmes about the search process without board authorization.

During Tuesday's board meeting, trustee Pearl Cheng, who served on the determination panel, apologized to Holmes for the impact that Wong's actions have had.

"Trustee Wong, you have much to work on and to change from your offensive actions and words," Cheng said. "I hope you will work on change."

Wong told the board that he apologized for the language he used when speaking with Holmes. He said that he wouldn't do it again and would accept "reasonable consequences" but also said that he felt the censure was a disproportionate penalty.

"In my defense, though my words were wrong, there was no malice in my intention," Wong said. "In my years of public service, I have always advocated for inclusion, diversity and representation of unrepresented communities."

Prior to being elected to Foothill-De Anza's board in 2016, Wong served for nine years on the Cupertino City Council, which included two stints as mayor. When asked to comment for this article, Wong sent a copy of the statement that he read at the board meeting.

Holmes did not respond to a request for comment before this news organization's press deadline. Board President Patrick Ahrens declined to comment beyond releasing a statement from the district.

"The Board's deliberation and vote today evidence the strength of conviction necessary to back promises with real action, with the hope that Trustee Wong learns and grows as a result of this experience," the statement reads in part.

According to the determination panel's report, Holmes contacted Miner on Dec. 9 to raise concerns about a meeting that he'd had that day with Wong. Holmes told Miner that at the meeting Wong had discussed the chancellor search process and made comments "that appeared to be harassing and discriminatory," the report states.

The district hired the law firm Parker & Covert LLP to conduct a third-party investigation. The district has not released the investigator's complete findings, citing attorney-client privilege. However, the determination panel's report summarizes the law firm's conclusions.

The law firm substantiated the allegation that Wong subjected Holmes to "unlawful harassment and discrimination on the basis of race or color" because of comments he made "regarding skin color." However, the law firm found a second allegation that Wong's comments about the chancellor position amounted to unlawful harassment and discrimination based on race or color to be unsubstantiated. The determination panel objected to that second conclusion.

"The Panel strongly disagrees with the investigator's conclusions that Trustee Wong's statements were not sufficiently severe or pervasive so as to alter the conditions of Dr. Holmes' employment or potential future employment in the Chancellor position," the report states.

The determination panel found probable cause that Wong's race-related comments "would pose a significant and detrimental impact on a reasonable applicant for the Chancellor position" and that Wong had enough information to know that Holmes was a "foreseeable candidate" for the job.

The panel recommended that the board ask Wong to voluntarily resign from the board and to agree to not release the reason for the resignation "to the extent permitted by law" if he agreed. If he didn't resign, the panel recommended a variety of sanctions, which largely matches the list that the board ultimately imposed this week.

At the board meeting this week, nine members of the public addressed the board, largely in defense of Wong. Satheesh Madhathil and Jerry Liu, both members of the Cupertino Union School District's board, were among those who spoke in favor of Wong.

"I'm here to emphasize the social commitment and dedication which Trustee Wong has been demonstrating over the last couple of decades," Madhathil said, noting that he was speaking on his own behalf. "His community service and passion for education have been great."

DuJuan Green made a statement on behalf of the De Anza College Black Faculty, Staff and Administrators Network, supporting the censure resolution and urging Wong to resign.

"Such behavior is abhorrent, unethical and inconsistent with the district policies, standards and principles on diversity, equity, inclusion and anti-racism. Trustee Wong must be held accountable," Green said. "If we allow such behavior to go unchecked, it will cause irreparable damage to the reputation of the district and will be detrimental to the morale and campus climate for students, faculty, staff and administrators."