U of L creates office to help resolve disputes

This from C-J:

Plan to help settle disputes follows Felner controversy

The University of Louisville says it will create an interim office to assist its employees in resolving conflicts, disputes and complaints.

The office's creation is a response to concerns raised over the handling of grievances and complaints involving former U of L education Dean Robert Felner, who is the focus of a federal investigation into the alleged mishandling of grant money.

During Felner's five-year tenure at the College of Education and Human Development, faculty and students filed 31 complaints and grievances against him, ranging from challenges to annual reviews to intimidation.

"The Ombuds Office will not serve an advocacy function, but will work impartially to help clarify, resolve and expedite the alleviation of concerns, and to create a safe, fair and equitable resource to those who require assistance," U of L spokesman John Drees said during a press briefing yesterday...

...Brent Fryrear, chairman of the university's Staff Senate, said the office is a good idea.

"I think staff will have another opportunity because it's not always easy to find where you need to go," he said. "This person will be able to direct them. It's also confidential, which is a good thing. It will not come back to haunt them, which has been something of a concern for some people." ...

...The university has several other reviews under way. They include: an internal audit of the finances of the education college; an external audit of the university's grants-management and contracts practices; a review of managerial and administrative practices at all the university's schools and colleges; a review of the conflict of interest policy; and a review of circumstances surrounding the awarding of a doctoral degree during Felner's tenure...

Louisville Graduate Students Uneasy about Felner Investigation

A letter is being released to graduate students at the University of Louisville concerning the investigation into former College of Education and Human Development Dean Robert Felner. Felner is under investigation for alleged misappropriation of $694,000 in federal grant money and an internal investigation of the awarding of a Ph.D. to former U of L graduate student John Deasy, who reportedly only studied for nine credit hours at U of L after sending $375,000 to a Felner-run center.

When Graduate Student Council President Amber Carrier first heard the news about Felner, she was shocked it could have happened here.“The integrity for the Graduate School of U of L is very high,” said Carrier. “I know this because I am going through it and know others who have.”Carrier said if the Deasy degree was given erroneously, there might be direct effects seen in the job market. But, it still will not take away the quality of graduate students’ degrees. “I have worked very hard and will continue to work hard,” Carrier said.

“It’s a difficult degree and a difficult program. Even if an eyebrow or two are raised, I will be able to defend my experiences through the things I have done. I don’t think there will be any question as to my strengths as a potential applicant.”

William Pierce, Vice Provost for Graduate Affairs and chair of the investigating committee, told the Louisville Cardinal he recognizes how serious these allegations must be in the minds of current graduate students. “We know how serious this issue is... The students are concerned. I think that is entirely appropriate.”

Here's the letter from Pierce:

An open letter to all graduate students of the University of Louisville.

September 26, 2008

William M. Pierce Jr., Ph.D.
Vice Provost for Graduate Affairs
Interim Dean of the School of Interdisciplinary and Graduate Studies

Paul J. DeMarco, Ph.D.
Assistant Dean of the School of Interdisciplinary and Graduate Studies

Fundamental concerns

Your leaders in the Graduate Student Council and several individual graduate students have contacted the School of Interdisciplinary and Graduate Studies with concerns about the integrity of university policy and process in the area of graduate education.

The matters of concern arise from a maelstrom of allegations, many of which you know well from a variety of sources. As is frequently the case with public allegations of wrongdoing, these allegations are likely a blend of fact, fear, reason and speculation.

Your President, Ms. Amber Carrier has sent the following synopsis of immediate concerns:

"I have received a number of emails asking about the recent review of Dr. Deasy's degree and whether it was awarded properly or not. I know that the review of his degree and the committee proceedings may be confidential, and the matter is still being investigated, but a number of graduate students have expressed concern over the situation. Many are worried about how this may affect the marketability of their degrees and the reputation of the University when they are submitting applications."

The concerns of the graduate student body are very understandable and rational. Our students want to know that the integrity and value of their degrees will never be compromised by any of the current allegations that they see in the local and national press coverage. The graduate student body, and indeed the entire university, must now respond to this challenge to our core.

Responding to this challenge

We all agree these allegations are very serious. The reputation of a university, and the perceived value of the degrees it confers, depend upon the knowledge that principles such as intellectual honesty, freedom of intellectual inquiry, and academic integrity are upheld. We must safeguard against any compromise to these principles which have served the University of Louisville well for more than 200 years.

Throughout this long history, the university has provided education and opportunity to many and has conferred tens of thousands of degrees – we have 114,000 living alumni. Through its research and service to the community, the university is intimately involved in making this city, commonwealth, region and the world a better place. We will continue to justify the sacred trust placed in us by our constituents. Whether fair or not, we must also be aware that even as we are doing one thousand (or 114,000) things well, public trust can still be damaged by a single failure.

In its quest to become a research university, the University of Louisville has grown rapidly and changed greatly in the past decade, and graduate education has been a key part of this growth. Any institution that undergoes dramatic change will find that its policies and procedures strain to move apace. As we seek to manage change well, we cannot ignore the past, but we must let it be our teacher. After investigating and understanding the facts that underpin the current conversation, we can focus on necessary change, build our futures and reaffirm our dedication to the highest academic integrity.

We have no power to change the past. We do have the ability, and the responsibility, to change the future. This requires honest and rational self-evaluation, followed by action. This also requires focus. Enormous amounts of energy have been expended throughout the university and throughout our community, quite understandably, in speculation and angst over these allegations. We must now focus on rational self-evaluation and dedication to changing the future.

What facts can we provide now, and what mechanisms are there for further fact-finding?

You know that there are multiple allegations of wrongdoing. The university originally brought an allegation of fiscal wrongdoing to the attention of the federal authorities and there is an ongoing federal investigation, headed by David Huber, U.S. Attorney for the Western District of Kentucky. There have been reports that this investigation will be complete in October.

For internal self-evaluation and fact-finding, President Ramsey, Provost Willihnganz and the Board of Trustees have initiated several internal and external reviews. These are underway at present, and include:

1. An internal audit of the finances of the College of Education and Human Development. The UofL Office of Audit Services has completed the first phase of its audit of the college's financial records. The audit will continue into other areas of the college. David Barker, director of Audit Services, said he expects the review to continue for at least six more weeks. Audit Services is being diligent, and President James Ramsey has encouraged them to continue to be thorough in their review.

2. An external audit of the university's grants management and contracts practices. The external audit is of our contracts and grants management policies and procedures and is being conducted by Cotton and Allen, a local accounting firm and an independent agency that is now beginning its work.

3. A Faculty Senate review of our faculty grievance procedure. This committee is currently reviewing our internal documents and procedures, as well as best practices for faculty grievance and conflicts resolution. The group had its second meeting Friday, Sept. 26. The group expects to finish its work and report back to the president and provost by the end of November.

4. A review, requested by our Faculty, Staff and Student senates in a formal letter to the Board and subsequently ordered by the Board of Trustees, of the policies and procedural management within the university. That committee is currently being formed and will have its first meeting in the next week or so.

5. A review of the conflict of interest policy and construction of a values statement. In light of allegations in the Felner investigation, a fifth committee will review the university's policies and procedures regarding conflict of interest. The provost is asking the group to look at three things: a) Adequacy of policies regarding compliance b) How informed our faculty are regarding the policies and c) To what degree our compliance policies are being followed.

6. Finally, a "blue ribbon commission" is reviewing facts surrounding a Ph.D. from the College of Education and Human Development during Felner's tenure as dean. This is the matter of most immediate concern to many graduate students.

This commission is composed of six members, and includes student, faculty, staff, alumni and community representation:

• James Atkinson, Graduate student, College of Education and Human Development and Staff Senator.
• J. Blaine Hudson, Dean of the College of Arts and Sciences.
• Anita Moorman, Associate Professor, College of Education and
Human Development and Adjunct Professor, Brandeis School of Law.
• Martin Johnstone, Former Kentucky Supreme Court Justice.
• Commission Chair William Pierce, Interim Dean, School of Interdisciplinary and Graduate Studies.
• Mary Gwen Wheeler, Louisville Metro Government.

The commission is a fact-finding body. It is already working and this work is being conducted under conditions of strict confidentiality.

What can graduate students do now?

The facts uncovered by the above groups will provide the foundation for future action. For now, we encourage the continued interest and engagement of the graduate student body.

• Continue to be inquisitive and intellectually honest. The student concerns noted here are natural. Continue to question. Contact your program directors and chairs. Discuss this among yourselves. Read the continuing coverage of these matters with an honest, inquisitive and rational approach, discerning fact and questioning speculation. Contact the deans of the School of Interdisciplinary and Graduate Studies directly. We will be glad to meet with student groups for further discussion.

• Contact your student leadership. They are already fully engaged in these matters. Your Graduate Student Council leadership is given below:
President: Amber Carrier – Biology (A&S); Vice President: Henry Luka - Educational and Counseling Psychology (CEHD); Secretary: Jeff Osgood - Urban and Public Affairs (A&S); Treasurer: Vicki Laemmel - Health Promotion and Exercise Science (CEHD - Sports Administration); Travel Administrator: James Lee - Chemical Engineering (Speed)

• Remain engaged in your scholarly pursuits. The allegations that have been made are grave. We must investigate these and right any wrong that is found. However your best educational interests are served by continuing to focus maximum energy on your scholarly pursuits. Even as you maintain interest in these matters, don’t forget that your education comes first. Demand the best educational experience possible, both from your university and from your self.

• Believe in yourselves and in what you know to be true. Look at your life and scholarly pursuits, and look to those of the students around you. You know that you are working long, hard hours in the classrooms, libraries, studios, laboratories, clinics and in the field. Often, this is followed by a few more hours of grading papers or planning classes. You know that there is nothing cheap about the degree that you are getting. You have the right to feel pride and to proclaim this. Be a champion of your own interests.

• Let us help you in your transition to the next step in your career. If you are a student nearing graduation and looking for that next career opportunity you may still have fears that these matters will cast a shadow upon your employment opportunities. If you are in this position, the Interim Dean of the School of Interdisciplinary and Graduate Studies will provide a letter for your position application file explaining these matters and specifically affirming the rigor of your educational program and the value of your upcoming degree.

We wish you continued success in all of your academic endeavors.

Hat tip to Page One.

21 Former U of L Faculty complain of inaction on Felner

Twenty-one former faculty members at the Ville's College of Education and Human Development sent a snappy letter to university Trustees, perhaps prompting Chair J. Chester Porter's defense of President James Ramsey and Provost Shirley Willihnganz's inaction in the "Felner Affair."

...and they offer proof of their claims

Porter

August 22, 2008

To: University of Louisville Board of Trustees

From: Twenty-one former UofL faculty members who served under Robert Felner

Re: “The Felner Affair” in the College of Education and Human Development (CEHD)

We write this letter to the Board of Trustees of the University of Louisville in response to what is being referred to in newspaper, TV, and blogosphere reports in Kentucky and elsewhere as “The Felner Affair.”

We are former UofL CEHD faculty members who served under Dean Robert Felner. Some of us left UofL in part because of Dean Felner’s abusive and unethical behavior.
We take issue with President Ramsey’s assertion in news reports about the “Felner Affair” that input from faculty to the higher administration was nothing more than “anonymous crap.” We would like to set the record straight by presenting the facts.

Setting aside alleged misconduct currently under federal investigation, Robert Felner’s actions included the following: He –-

• brushed aside repeated queries by faculty about his excessive and questionable expenditures;


• created a hostile workplace, which included influencing voting;


• publicly humiliated people, screamed at them, spread falsehoods about them;


• professionally undermined those who dared to oppose him;


• made inappropriate personal advances;


• made a mockery of accepted collegial governance policies;


• violated principles governing the hiring of new faculty and the promotion of other faculty;


• showered resources on those who supported him;


• denied resources to those who stood up and questioned him, and threatened them with dire consequences;


• hired an excessively large number of administrators, many of whom inflicted cruel and unfair sanctions on faculty not in Felner’s favor; and


• cultivated inappropriate relationships with female employees, giving some
  questionably qualified persons extreme salaries.

In response to these actions by Felner, we, the faculty, followed appropriate procedures seeking relief. First, we went to Dean Felner in an attempt to resolve issues. When that failed, some of us met personally with and or wrote to Provost Shirley Willihnganz, and some of those complaints were copied to President Ramsey. Some of us met with University sexual harassment officers.

More than a third of all full-time faculty members in the College met with the faculty grievance officer. More than thirty grievances or complaints were sent to the Provost’s office, most of them bravely signed. To our knowledge, nothing was done, and Felner often bragged openly at faculty meetings that he had the full support of the Provost and President.

After the administration failed to take action, and the situation continued to deteriorate, the faculty of the CEHD in an open meeting in March of 2006 voted “No Confidence” in Dean Felner. Felner sat in the same room and observed the proceedings. Such a vote is an extraordinary event, extremely rare and courageous, especially in the presence of an oppressive dean.

We are insulted by President Ramsey’s response to this crisis.

The items listed above, and especially the “No Confidence” vote, contradict the notion that the faculty were cowards and resorted only to “anonymous crap.” On the contrary, faculty stepped up repeatedly, knowing that any overt action would make them vulnerable to severe retaliation.

Universities take pride in their tolerance and collegial style of governance, and the faculty should feel free to speak their mind to the higher administration and be counted. Yet, when faculty did exactly that, they were systematically ignored and further targeted for abuse by Felner.

It’s troubling that President Ramsey and Provost Willihnganz seemed to convey the view that Felner was merely “cleaning house” in the College. Professors who left CEHD are highly accomplished, award-winning scholars and teachers, many with exemplary national reputations who were eagerly welcomed at other institutions. Not only did the University of Louisville sacrifice a great deal, the Greater Louisville Community also paid a significant price in losing faculty who served the public in unique ways and with distinction.

During Felner’s employment, progress slowed in many important areas, in part because of the considerable time and effort he invested attacking those who disagreed with him, and defending himself against accusations. We know Felner used the U.S. News and World Report annual rankings to justify his actions. We question the validity, accuracy and relevance of data provided for the rankings which created a misleading image that the CEHD at UofL had made dramatic improvement in a very short time. While the normal improvements were being made by faculty, morale was plunging and good faculty were leaving in increasing numbers. We believe a closer look would reveal that any achievements during Felner’s deanship were made despite him, not because of him

Notwithstanding the abominable actions allowed during Felner’s tenure, we continue to love UofL and want to see it thrive. To do this, however, requires responsible leadership. The present scandal calls for accountability, and we believe the Board of Trustees should address this in a meaningful and substantive manner. Please note; one or more of the undersigned has information, or based upon information and belief, would assert and produce appropriate substantive support for each of the above mentioned issues.

Sincerely,

Bryant Stamford
Pedro Portes
Ellen McIntyre
Yash Bhagwanji
John Burke
Laura Cherry
George Cunningham
Joe Devitis
Christos Dimitriadis
Kara Gallagher (Mohr)
Elizabeth Kirsch
Andy Kemp
Chong Lee
Phyllis Metcalf-Turner
Justin Moore
Jennifer Olive
Elizabeth Rightmyer
Lea Smith
Bernie Strenecky
John Strope
Randy Wells

Please note, because of the timeliness of the issues cited above, we felt the need to forward this letter now. Faculty and staff who are presently at UofL were not invited to participate. Moreover, at this time of year, it’s extremely difficult to contact faculty spread across the country, because many are out of the office and not available. Thus, although there are twenty-one signatures on this letter, a substantial number, if timing were not an issue and there was perceived to be no need to protect those still in the employment of the University, we believe many more signatures could have been obtained from those who would support the contents of this letter.

Once again, a tip of the hat to Jake at Page One.

Seeking "Just Solutions" to the Felner problem

Page One and WHAS have been focusing on U of L's response (or lack thereof) to Just Solutions, the group hired to help resolve internal issues between former chair Robert Felner and many on the CEHD faculty.

This from Jake:

It’s been the hot topic of the past few weeks: the Just Solutions report that the University of Louisville commissioned to help deal with faculty concerns at the College of Education and Human Development. We initially reported on the situation and published documents yielded from open records requests on July 14.

Earlier in the week we reported that UofL’s open records officer revealed no report was ever completed. Now we learn from WHAS11’s Adam Walser that not only was the report never completed and released, UofL never paid the $9,987.80 bill from Just Solutions. There’s no really clear reasoning for why UofL never paid the bill. It was sent three times but UofL says it was never received.

WHAS Video story from Adam Walser.

31 Felner Grievances not typical...so only 4 count?

This from the C-J:

The University of Louisville will appoint an independent auditor to review and improve the way it monitors grants in the wake of a federal investigation into possibly mishandled funds, President James Ramsey said yesterday.

In an e-mail to faculty and staff, Ramsey said he also will have U of L's Office of Audit Services review the finances of the College of Education and Human Development, whose former dean, Robert Felner, is at the center of the investigation.

And Ramsey said he will ask the chairperson of the faculty senate to review how U of L handles grievances to determine if complaints against Felner constituted "early warning signs."

The university "will take whatever measures are warranted as a result," Ramsey and Provost Shirley Willihnganz said in the e-mail.

English professor Beth Boehm, the chairwoman of the faculty senate told the Courier-Journal,

...many complaints don't qualify as grievances, which are typically filed over tenure and merit-raise issues. Even so, she said, many of the complaints regarding Felner seemed to center on management style, rather than problems that would be obvious warning signs relating to the federal investigation.

The faculty senate began examining grievance procedures last spring over concerns
the process was too cumbersome and took too long to resolve....

Felner: Piled Higher and Deeper

Guilty or innocent - one thing is becoming clear. Robert Felner made an impression on the people he came into contact with - and much of it was not good. Described to KSN&C as a "New York street fighter," it's becoming easier to see how he might have earned the moniker.

Jacob Payne continues to peel the onion at Page One Kentucky. Last week he noted that Felner had been targeted for ....what ....vandalism? ....revenge?

...we uncovered police reports that reveal that Felner has done some things so wrong (or right) that people were driven to vandalize his convertible BMW. On more than one occasion.

Sweet ride.

This week Jake picks up where he left off...digging his way through what he describes as hundreds of documents. Among them are grievances filed by U of L faculty. Apparently some Page One commenters had suggested that Felner was the most grieved individual on campus and the College of Education and Human Development led the university when it came to keeping the Faculty Grievance Officer busy.

In 2005 (PDF link) the College of Education and Human Development was responsible for 42% (13) of faculty grievance consultations. That’s six more than the School of Medicine at 23%.

Fine and dandy, right? Maybe. Until one examines the 2006 (PDF link) report from the Faculty Grievance Officer. That year 15 (56%) of the 27 grievance consultations that took place were within the CEHD.

Quite a number. So many, in fact, that that grievance officer Suzanne Meeks had this to add: "Due to the number of consultations from CEHD, and the level of negative affect associated with those consultations, I have worked with the Provost’s office to recommend that they use administrative mechanisms to restore morale, faculty governance, and collegial interaction there. Although I believe interventions have been attempted ....they have yet been effective."

Then there was this from Meeks:

Over the three years of my tenure as FGO, I have consulted with at least one-third of the CEHD faculty. Throughout this time, I have heard talk of retaliation against faculty members who file grievances or requests for mediation. The majority of those I have spoken with are not willing to file grievances because of this fear of retaliation, which extends to those who testify at grievance hearings as well. This situation demonstrates a significant weakness in the grievance system, in that there is no way to prevent such retaliation when one files a complaint against someone who has the power to determine work load agreements and salary increases, approve expenditures, and allocate resources.

Out in the world the Felner investigation has been expanded yet again. Gary Kunich of the Kenosha News revealed new information last Friday (print edition only) that federal "agents returned Thursday to the University of Rhode Island for more interviews, but declined to say if they took any paperwork with them."

Federal investigators have also begun to examine Felner’s non-profit organization at the University of Rhode Island.

The Kenosha News has learned that investigators are looking at millions of dollars in grants that Felner brought in while working at various universities throughout the United States, as well as a defunct non-profit that no longer exists in Rock Island, Ill.

Keep on keeping on, Jake.