6-1= 6-10_Wed_11.30pm_mhtm_ professor_ accused_of_smoking_pot_mooning_Sexting_Sexual_Harassment

sgenuardi@miamiherald.com ,erik.maz= a@miaminewtimes.com

Dear Stephanie &am= p; Erik:

I have read you articles (shortened & enclo= sed) with some interest. It seems = that the University of Miami has some pattarens of issues of Sexting Harassment Retaliation Discrimination Defamation Intimidation Coercion, Threats, Retribution Slander & Libel (Appendix 1 &= amp; 2). As a Forensic Accounting = expert specializing in Computer Forensics, Expert witness testimony & computer litigation support, remote AV (Audio Video) real time & archived survei= llance audits, especially in damage calculating in employment Retaliation Discrimination Defamation Intimidati= on Coercion, Threats, Retribution Slander & Libel dispute resolution, worngfull termination, etc. I am teaching and researching the s= ubject . I am interested in inviting you to parti= cipate in one of my classes about it, at UM Coral Gables, LC180 (Learning Center) = Mon-Thu, 4-5 pm 6/17-23/2010, as guest speakers, and demonstrate to you some such re= levant remote surveillance systems audits and disaster recovery & risk mitigat= ion methods.

Thank you=

Professor A. Rush, <= o:p>

(305)666-7890

arush@miami.edu

cc:

Pleas Note:

All the enclosed materials are very strictly confidential and cannot be shared with= out explicit written permission from the authors. Please do not share these materials without explicit written permission to do so. If you received this materials by accident please return them back without additional distribution!!! Thank you

A former UM music professor is accused of smoking pot, mooning students and other unorthodox behavior.

http://www.miamiherald.com/2010/06/16/1682716/ex-um-prof= essor-fights-misconduct.html

Related Content

<= span style=3D'color:windowtext'>Miami New Times | University of Miami Accuses Professor of Sexting, Mooning,= and Harassing Students

BY STEPHANIE GENUARDI

sgenuardi@MiamiHerald.com

A University of Miami ... professor is fighting allegatio= ns of drug use and sexual harassment, ... resigned abruptly after he was informed= of a letter written by a student accusing him of smoking pot in his office, barbecuing inside a classroom, mooning his students and making sexually inappropriate comments to female students.

Professor … denied tenure … was given an ultimatum from … dean of the … School: Resign immediately or have the accusations placed on your permanent record, … scrawled a resignation note on a piece of ripped notebook paper, tacked the note on his department head's door, grabbed his belongings and left campus. When he arrived home, = Coral Gables police were waiting with a warning: If he stepped on campus again, he would be arrested.

``I intend to fight this,'' … ``I was never given due justice. I was never allowed to face my accusers.'' He said there was never a universi= ty trial, nor was he given a copy of the letter. UM Communications spokeswoman= … ``Due to university policy, we cannot comment on personnel matters.'' … He has lost his health ins= urance and is in the process of filing a defamation suit against [the dean], who declined to comment for this article. However, [the dean] said in a June 1 Miami New Times ar= ticle that [the professor ] was a ``lunatic'' and ``exhibits all the signs of a violent person.'' … He also said that ``an overwhelming number of students came forward with an unbelievable array of evidence of inappropria= te behavior.''

``The allegations are nebulous and hearsay,'' he [the professo= r] said. ``When presented with evidence, I would be happy to comment.'' UM senior … described his … profe= ssor as ``unorthodox'' and not ``having the most professional demeanor,'' but sa= id he had ``very caring relationships with his students.'' ``It was closer than most student-teacher relationships, .. regularly via text and instant mess= enger.” … “say things of a sexual nature to females, it was no different than any other guy,'' similar= to a catcall at a woman walking down the street.

[The professor] became unconcerned with rules and regulations after learning that he would not receive tenure. …

… as stude= nts were filing out … [the professor] dropped his pants and mooned all in attendance. ``It was hilarious, but it was definitely not appropriate for an academic setting,'' [students] said.

Read more: http://www.miamihe= rald.com/2010/06/16/1682716/ex-um-professor-fights-misconduct.html#ixzz0r35= tnGh7

Miami New Times University of Miami Accuses Professor of Sexting, Mooning, and Harassing Students

Read more: http://www.miamihe= rald.com/2010/06/16/1682716/ex-um-professor-fights-misconduct.html#ixzz0r38= 8lhJI

http://blogs.miaminewtimes.com/riptide/2010/06/university_o= f_miami_accuses_pr.php

University of Miami Accuses Professo= r of Sexting, Mooning, and Harassing Students

By Erik Maza, Tuesday, Jun. 1 2010 @ 8:51AM

Comments (223)

Categories= : Crime

= Share92<= /span>

0diggsdigg

To hear University of Miami … school de= an … tell it, … professor = … was pulling stunts … = 41-year-old … smoked pot in his office, tried to barbecue inside a classroom, mooned his students, and sexually harassed them -- &qu= ot;I wanna to f--k all you girls,"

UM …

School dean …

The accusations flew after [the professor] was denied tenure at the School and given a year to find another job. When … a fellow … [professor], informed him l= ast month that a student had filed a complaint alleging the professor sent her sexually inappropriate text messages [sexting], … [the professor] quit, accusing the school of homophobia. … "I had no idea what he was ta= lking about, but I panicked," recalls Bickel, who tends to speak in dramatic terms and sports a goatee that makes him look like a hairy Delta Burke.

He scrawled "I quit" on lined notebook paper and posted it on the dean's office door. He denies the sexting accusation, saying he couldn't ha= ve sent the message because he's gay. "This was more than I could take,&q= uot; he says. "I was intimidated into resigning. I'm not sure if it was bec= ause of my sexuality or because we play the same instrument."

But the sexting accusation was only the tip of the iceberg, [the dean] says. After [the professor]'s tenure was denie= d, "an overwhelming number of students came forward with an unbelievable array of evidence of inappropriate behavior." Without suspending [the professor] -- as school policy would dictate -- [the dean] called him and a= sked him to resign. "The guy's a lunatic," [the dean] said in a recent telephone interview. Then, after his outpouring, the dean called Riptide ba= ck, this time insisting we don't write a story.

"I've been reading a book about violence, and [the professor] exhibits all the si= gns of a violent person," he said. "If you write this story, he will = feel more aggrieved, and he'll be compelled to hurt me. I have strong reason to believe that he's going to do something violent."

[The professor]'s suspicions were apparently not sufficient to report to = Coral Gables Police, who have only a trespassing warning under [the professor]'s name. "If there were death threats, th= ey weren't reported to us," says ... a police spokeswoman. We couldn't confirm any of [the professor]'s other allegations because he refused to tu= rn over student testimonies.

Meanwhile,= the school couldn't explain the behavior of its ... faculty. "Dean ... shouldn't have said anything. He should know better," says ... a spokeswoman for the university, "As a matter of policy, we don't comme= nt on personnel matters."

[erik.maza= @miaminewtimes.com | on twitter]

Tags:

= Doug Bickel, Shelton Berg, University of Miami

Appendix = 1:

Sa= mple letters submitted to the Miami Harold complaining about Business School Dea= n

In a meet= ing with full-time full professors of the Business School, UM President warned = the faculty that these anonymous letters (following) must stop, even if it takes placing a "horses' head" on their bed.

Likewise, Dean Kahn claims that the said letters and faculty members are defaming her character claiming that she is racist and incompetent.

&nbs= p;

A small sample of anonymous letters distributed to the Miami Harold and UM faculty members against the Business School Dean:

&nbs= p;

2-25-2010= _Faculty_Complain_about_deans_poor_performance_ineffective_leadership_fundr= aising

&nbs= p;

Letter 1<= o:p>

&nbs= p;

Should we send this to the Miami Herald?

&nbs= p;

Laura Fig= ueroa the

Miami Her= ald

One Miami Plaza

Miami, FL 33132

Dear Laura,

&nbs= p;

Your arti= cle dated November 5 on the new Dean of the School of Business at the Universit= y of Miami was very good but had some errors. You reported what was stated to you, but in her quest to have the spotlight shine on her and take all the credit; Barbara Kahn did not accurately report the facts and did not give credit to the right individuals. She is systematically destroying the School of Business and the future of the Scho= ol is not too bright. Her husband has already resigned from UM and has gone ba= ck to Wharton. She is expected to follow.

&nbs= p;

The facul= ty member who has raised the money and is creating the health care emphasis is Professor Steve Ullmann who is a faculty at the School of Business and was = the Vice Provost at the University of Miami. He has single-handedly created the health care emphasis and had also developed the advisory board for the heal= th care concentration. In summary, the Dean did not create the emphasis, did n= ot create the advisory board and did not raise funds for the healthcare emphas= is. She has declared two more areas of emphasis. The first area of emphasis is real estate and Professor Rene Sacasas is currently creating the real estate emphasis at the School of Business. Barbara will take credit for it as soon as it is successful. The second area of emphasis is entrepreneurship and the entrepreneurship program has been taken from her and is being run throu= gh The Launch Pad by Professors Green and Amat. The recent success of the Entrepreneurship Week had nothing to do with her as much as she would like to suggest it is all her doing.

&nbs= p;

She has raised no fun= ds. In fact, she has been widely criticized for her inability to raise funds by= the School of Businesses faculty and the University administration. Potential donors have complained about her lack of skills. In other words, she has garnered no support from the business community. Additionally, there are no meaningful global alliances. The faculty at the School of Business has not seen any Global Alliances and has not met any faculty from any of these institutions.

&nbs= p;

The ranki= ng are not on an upward path. The School of Business rankings have dropped in Business Week and The Wall Street Journal after she joi= ned the School of Business. In two recent rankings of MBA and EM BA programs by Business Week, UM was not even mentioned. The research rankings of the School of Business have also dropped under her administration. A website that compiles research ranking can be used to verify the drop in University of Miami rese= arch rankings (http://top100.utdallas.edu). Finally, student satisfaction scores have declined dramatically since she has taken over. In summary, UM has seen a decline in each type of ranking since she has joined.

&nbs= p;

The School of Business was hiring from institutions su= ch as Harvard and MIT before she came and her presence has not changed recruit= ing practices. The Global Business Forum was not designed or organized by her but by one of her Vice Deans, Profess= or Arun Sharma who has subsequently resigned.

&nbs= p;

Finally, = the number of students in graduate programs have not risen but have rapidly declined during her administration and programs in Tampa, Orlando and Baham= as have been closed.

&nbs= p;

I hope that you will investigate and print a correction or an update.=

&nbs= p;

Sincerely= ,

Faculty of Business

&nbs= p;

&nbs= p;

Letter 2<= o:p>

&nbs= p;

Dear colleagues,

Recent letters disseminated around the sch= ool raise serious concerns about faculty governance or lack thereof within our school. Faculty feel threatened to express opinions openly. This is disturb= ing. More disturbing is that these letters provide the transparency which should= be coming from the Dean and her administration. It is not. Notable points:

·            = ;         Four chairs were replaced without consulta= tion from the voting faculty of the respective departments. I have not been here= as long as some esteemed colleagues nor do I profess to be a governance expert like Professor Sacasas. However, the faculty manual is clear on appointment= of Chairs, and this process has been sorely violated by Dean Kahn. Our school bylaws state the dean "must consider the views of tenured and tenure t= rack members" when appointing Chairs.

·            = ;

·            = ;         The School of Business bylaws are succinct= in delineating faculty roles in governance. The School Council, an elected bod= y by department colleagues, serves as the school's strategic planning group. Did= our elected representatives deliberate and determine the strategic areas of emphasis touted by Dean Kahn for the past two years? Was "Risk assessm= ent" a faculty priority? I think not.

·            = ;

·            = ;         School bylaws assign School Council responsibility for scheduling faculty meetings once per semester, determini= ng the agenda, and making sure the meetings are open to all faculty. Is this t= he case? If so, why is staff included?

·            = ;

·            = ;         The School Council appoints the Ph.D. in Business Policy Committee, the Undergraduate Curriculum Committee, and the Graduate Curriculum Committee. Has it done so or is this by Dean Kahn? It is the School Council's responsibility, not the Dean's secretary, to tally vot= es from full professors to determine the composition of our T&P committee. This has not been done. Colleagues were perplexed as to how the Dean's husb= and was elected last year.

·            = ;         School bylaws state "SBA faculty hold= ing administrative appointments within the university are ineligible to vote on departmental matters." Is Dean Scandura deliberating on departmental matters in her department or in the school at large?

A committee consisting of the Dean's unten= ured husband determines summer research grants in flat amounts, one-ninths, two-ninths to tenured colleagues. Such a committee should be appointed by t= he School Council, and the results should be made available to all faculty. Do= es anyone, besides Vice Dean Parsuraman, know who received summer research gra= nts the past two summers, and the respective amounts awarded? Transparency??

Substantial evidence indicates the Dean interfered with tenure decisions in the past two years. One recent letter now claims she is tampering with decisions on promotion to full. Allegedly the Dean assured at least one candidate they would be supported. The Dean needs to read the university faculty manual and SBA school bylaws. The SBA regular faculty vo= ted for the following bylaw which elucidates the requirements for promotion to professor:

"Appointment to the rank of professor requires national recognition in the profession...The most important criter= ion for promotion to the rank of professor is the demonstration that one has ha= d a significant impact on one's scholarly field. Candidates for professor should have a consistent and substantial record of refereed publications in top-quality journals or scholarly books in their field. This record should include a number of sole-authored publications."

There is no ambiguity in this policy. I do= not know what the record of Professor Nanda was last year, but if he did not ha= ve "a number of sole-authored publications", the Dean violated school policy by pushing his promotion through. This year, if individuals consider= ed for promotion do not meet the school faculty criteria, it will be another m= ajor governance violation. Dean Kahn talks about the importance of research. But does she walk the talk?

I have not been here long enough to know w= hat the university role of Deans is. In most colleges, the Dean is expected to = fund raise. There does not seem to be enough of this going on currently despite = the abundance of second floor staff who have apparently been hired. Nepotism al= so seems to play a key role in the Dean's decisions. Professor Nanda's wife has been hired for the Dean's development staff. Further, how did her husband g= et tenure here when he refused to give up tenure at Wharton? Why is the Market= ing department being forced by the Dean and Provost to give her husband a Visit= ing position while he is on Sabbatical from Wharton? Why is he involved in Marketing Dept decisions? Where is faculty governance?

Some facu= lty contend that although Dean Kahn is not competent, we are stuck with her. Wh= y? There are many potential administrators in the school. Professor Doug Emery= has been an administrator here and elsewhere for decades. Professor Rene Sacasc= as has taken on major roles throughout the university and is a strong faculty advocate. Professor Ulmann is a far better fund raiser than Dean Kahn. Why should we keep a dean who does not care about faculty governance? Why keep a Dean who does nothing to advance the school? The School Council should call= for a vote of confidence in Dean Kahn. If the majority of tenured faculty do ha= ve confidence in the Dean, then let these letters stop. If not, the Dean should graciously step down. Why would any dean wish to serve without the confiden= ce of the faculty?

&nbs= p;

&nbs= p;

Letter 3<= o:p>

&nbs= p;

Dear Colleagues,

We have been receiving letters that have been critical of the performance of the Dean on the Schoo= l of Business, but most assertions are not-substantiated. We, a group of faculty ha= ve collected information on the performance of the Dean and report on h= er performance in areas that we could obtain data. We compare Dean Kahn's performance after two years of her tenure (Fall 2009) to the performance of= the previous Dean two years before the arrival of Dean Kahn (Fall 2005)<= sup>'. The data is publicly available and the sources are listed in the footnotes.

Is Dean Kahn an Effective Fundraiser? The conclusion – N= O ².

The enclosed tables from the President's reports compares 2005-2006 data to 2008-2009 data. In 2006, the School of Business raised $4.6 million and spent $1.5 million from endowments. In 200= 9, the School of Business raised only $400,000 and spent $2 million from endowments. In terms of ranking of schools, the School of Business was numb= er 3 (out of eleven schools) in fund raising in 2006, but dropped to number 9 in 2009. In 2009, the School of Education raised ten times the funds that the School of Business raised.

=3D=3D=3D=3D=3D=3D=3D= =3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D

2009 Report
Has the School of Business Research Output Increased Under Dean Kahn? The Conclusion – NO ³.

The research rankings from UT Dallas (that collects data in 4/5 year bands) shows a decline in UM Business School research productivity. The School of Business research ranking during the 2001-2005 period was 42 that dropped to 53 during the 2004-2009 period. The number of A-level articles d= id not increase as the School of Business had 15 A-level articles in 2005 that declined to 13 A-level articles in 2009.

Have the School of Business Rankings Increased Under Dean Kahn? The Conclusion – NO⁴.

Only two national publications have evalu= ated our programs since 2005/2006. In 2006, the ranking of the School of Business undergraduate programs in Business Week was 44 and it dropped= to 50 in 2009. In 2006, three undergradua= te departments were ranked in the top ten by Business Week, but no undergraduate departments were

1 We used 2006 data if 2005 data was not available.=

For example, we used fall 2006 for fundraising as fall 2005 da= ta is not publicly available.

Letter 3

Dear Colleagues,=

We have been rec= eiving letters that have been critical of the performance of the Dean on the Schoo= l of Business, but most assertions are not-substantiated. We, a group of faculty have collected information on the performance of the Dean and report on her performance in areas that we could obtain data. We compare Dean Kahn's performance after two years of her tenure (Fall 2009) to the performance of= the previous Dean two years before the arrival of Dean Kahn (Fall 2005)'. The d= ata is publicly available and the sources are listed in the footnotes.

Is Dean Kahn an Effective Fundraiser? The conclusion – NO 2.

The enclosed tab= les from the President's reports compares 2005-2006 data to 2008-2009 data. In 2006, the School of Business raised $4.6 million and spent $1.5 million from endowments. In 2009, the School of Business raised only $400,000 and spent = $2 million from endowments. In terms of ranking of schools, the School of Busi= ness was number 3 (out of eleven schools) in fund raising in 2006, but dropped to number 9 in 2009. In 2009, the School of Education raised ten times the fun= ds that the School of Business raised.

2009 Report (see appendix A)

Has the School of Business Research Output Increased Under Dean Kahn? The Conclusion – = NO 3.

The research ran= kings from UT Dallas (that collects data in 4/5 year bands) shows a decline in UM Business School research productivity. The School of Business research rank= ing during the 2001-2005 period was 42 that dropped to 53 during the 2004-2009 period. The number of A-level articles did not increase as the School of Business had 15 A-level articles in 2005 that declined to 13 A-level articl= es in 2009.

Have the School = of Business Rankings Increased Under Dean Kahn? The Conclusion – NO4.

Only two national publications have evaluated our programs since 2005/2006. In 2006, the rank= ing of the School of Business undergraduate programs in Business Week was 44 an= d it dropped to 50 in 2009. In 2006, three undergraduate departments were ranked= in the top ten by Business Week, but no undergraduate departments were

1 We used 2006 d= ata if 2005 data was not available.

For example, we = used fall 2006 for fundraising as fall 2005 data is not publicly available.=

Ranked in the to= p 20 by 2009. In The Wall Street Journal, the School of Business was the 10^th<= span style=3D'font-size:10.0pt;color:black;letter-spacing:.4pt'> ranked regional= school in 2005 = but the School of Business has not been ranked for any program in 2008 or 2009.=

Have the Enrollments Increased Under Dean Kahn? The Conclusion — NO.=

In the fall of 2005, the School of Business had 2,063 undergraduate students and 848 graduate students for a total of 2,911 students. By the fall of 2009, the School of Business had 2,063 undergraduate students and 848 graduate students for a total of 2,475 stude= nts, a decline of about 15%. The undergraduate enrollments (controlled by central administration) have been stable but the decline in graduate stu= dent enrollment has been precipitous at about 40%. EMBA and MSPM students declined from 496 (2005) to 303 (2009), a decline of 39%.

Have Revenues Declined and Spending Increased Under Dean Kahn? The Conclusion — YES.<= /span>

The data on School revenues and expenditures are not publicly available. Using simple calculations, revenues in 2009 have declined from 2005 in fundraising (decline of $4.2 million) and EMBA tuition fees (decline of 193 students X $30,000 (annual fee) =3D $= 5.8M -$1.5 M (in expenses) =3D $4.3 M) for a total of about $8.5M. Dean Kahn has increased expenses by at least $1.5 million by hiring at least twelve new s= taff members — Dean's Office (1); Budget Office (2); IT (4= ); Advancement (3) and Marketing (2). Combining these two streams, the School = of Business under Dean Kahn generated at least $IOM less in 2009 when compared= to 2005.

Did the School of Business Hire from Top Institution Before the Dean Kahn? The Conclusion – YES.=

Contrary to the statement= s of Dean Kahn, the School of Business was recruiting from MIT and Harvard before her arrival. The Management Science and Marketing Departm= ents have recruited Assistant Professors from MIT. Professor Sarel in the Market= ing Department is a DBA from Harvard. When the Political Science Department was= part of the Business School, they actively recruited from Harvard and still have faculty from Harvard.

Did Dean Kahn Develop the Health Policy Board? The Conclusion — NO^'.

We examined the resume and credentials of Professor St= even Ullmann, and the press releases regarding him by the School of Business. We also examined the resume and press releases of Dean Kahn. The evidence suggests that the board has been created by Professor Ullmann as he knew the members before the establishmen= t of the board and Dean Kahn did not (Dean Kahn publicly states that she created the board).

Has Dean Kahn Established= the Entrepreneurship Emphasis? The Conclusion – NO.=

The Launch Pad is the dominant entrepreneurship center= at the University of Miami as stories from = The Miami Herald and The Wall Street Journal would attest. Professors Green and Amat a= re leaders in the Entrepreneurship space and the School of Business does not play in this space (contrary to Dean Kahn's consistently assertion).

In summary, our research suggests that the performance= of Dean Kahn has been deficient and the School of Business has declined in are= as such as fundraising, research, enrollments and revenue generation. There is= no data to suggest that her performance is going to improve. The ideal course of ac= tion is for Dean Kahn to resign. If she chooses not to res= ign, then the UM administration, faculty senate, and senior Business School facu= lty need to step-up and seek her "orderly withdrawal." In the meantime, Dean Kahn should practice "truth in advertising" and not constantly aggrandize her performance.

Concerned faculty

School of Business

Footnotes:

1 We used 2006 data if 2005 data was not available.

For example, we used fall 2006 for fundraising as fall 2005 data is not publicly available.

2 http:= //www6.miami.edu/communications/president/2009pr_bf.pdf

http:= //www6.miami.edu/communications/president/2009pr_bf.pdf and http://www7.miami.edu/um_global_static_files/sacs_department_files/Doc/um_a= t_a_glance[I ].puff

3 http://top100.utdall= as.edu/

http= ://som.utdallas.edu/top100Ranking/searchRanking.php?t=3Dn

4 www.businessweek.com and www.wsj.com

^tWe used 2006 dat= a if 2005 data was not available.

For example, we used fall 2006 for fundraising as fall 2005 data is not publicly available.

2http://www6.miami.edu/communications/president/2009pr_bf.pdf a= nd http://www7.miami.edu/um_global_static_files/sacs_department_files/Doc/um_a= t_^a_^glance[^I ].pdf

3http://top100.utdallas.edu/

4www.businessweek.com and www.wsj.com

We used 2006 data if 2005 data was not available.

For example, we used fall 2006 for fundraising as fall = 2005 data is not publicly available.

2http://www6.miami.edu/communications= /president/2009pr_bf.pdf and http://www7.miami.edu/um_global_static_files/sacs_department_files/Doc/= um_at_a_glance[I].pdf

3http://top100.utdallas.edu/

4www.businessweek.com and www.wsj.com

Footnotes

1 We used 2006 data if 2005 data was not available.

For example, we used fall 2006 for fundraising as fall 2005 data is not publicly available.

2 http:= //www6.miami.edu/communications/president/2009pr_bf.pdf

And http://www7.miami.edu/um_global_static_fi= les/sacs_department_files/Doc/um_at_a_glance[I ].pdf

3 http://top10= 0.utdallas.edu/

4 www.businessweek.com and www.wsj.com

5 http://www6.miami.edu/planning-research/FBFA2009.= pdf and http://www6.miami.edu/factbook/

6 http:/bus.miami.edu/faculty-and-research/faculty-direc= tory/marketing/sarel/index.html and

http://www.as.miami.edu/politicalscience/people/

7 http://www.bus.miami.edu/_assets/files/faculty-cv/mana= gementlsteve-ullmann-CV-0708.pdf;

http://www.bus.miami.edu/news-and-media/recent-news/health-board.html and

http://www.bus.miami.edu/news-and-media/news-releases/expert-ullman= n.html

8 www.wsj.com and www.miamiherald.com

http://www6.miami.edu/planning-research/FBFA2009.pdf and

http://www6.miami.edu/factbook/

<= o:p>

⁶http:/bus.miami.edu/faculty-and-research/faculty-dire= ctory/marketing/sarel/index.html and

http://www.as.miami.edu/poiiticalscience/people/

http://www.bus.miami.edu/_assets/files/faculty-cv/mana= gementlsteve-ullmann-CV-0708.pdf ;

http://www.bus.miami.edu/news-and-media/recent-<= /o:p>

sob.xls

Appendix A

GIFTS AND ENDOWMENT BY AREA (in millions)<= /p>

Endowment

Units

Total Gifts

Market Value

Spending & Distribution

Unit

Pledges

May 31

2009 FY2009

College of Arts and Sciences

$6.00

$26.80

$1.70

School of Architecture

0.1

1.2

0

School of Business Administration

0.4

29.9

2

School of Communication

0.8

8.4

0.6

School of Education

4.1

4.5

0.2

College of Engineering

0

11.9

0.8

School of Law

1.1

38.6

2.4

Leonard M. Miller School of Medicine

60.8

255.7

16.3

Rosenstiel Sch= ool of Marine and Atmospheric Science

1.8

20.5

1.4

Phillip and Patricia Frost School of Music=

1.8

23.6

1.6

School of Nursing and Health Studies

1.3

6

0.4

Department of Athletics

12.4

8.9

0.5

Lowe Art Museum

4.8

4.6

0.3

Richter Library

0.6

7.6

0.5

Financial Aid

0.7

23.9

1.5

Central Fiscal Unit

6.1

66.5

4.5

TOTAL

$102.80

$538.60

$34.70

Appendix 2:

Sample EEOC complaint letter

Retaliation Discrimination Defamation Intimidati= on Coercion, Threats, Retribution Slander & Libel (RDDICTRSL)

= ;

From: Tenu= red Professor

To: UM off= ice of EEO (Equal Employment Opportunities) Director & The Faculty Senate Chair; and First vice Chair; P= hone: 305-284-3721 facsen@miami.edu, Secretary of the Senate; Administrative Assistant; and Staff Assistant University of Miami (UM) 1252 Memorial Drive, 325 Ashe Administration Building, Coral Gables, Florida 331= 46.

= ;

Subject:

Refusal to provide faculty member with Equal Employment Opportunities (EEO) & equi= table Rank, Salary, & Conditions of Employment (RSC)

= ;

On Wed. 1-= 21-20xx, at 4:55 pm, the said department chair refuse to provide faculty member with= 20xx summer teaching. When faculty member asked why the Chair denies him summer teaching, the Chair claims tha= t it is due to the “high student drop rate from the faculty classes of fal= l 20xx.” The Chair said that the faculty ha= d only 5 students, and that means that a lot of students dropped out, which means = that the faculty has done something wrong to make the students drop the class. When the faculty disagreed, and as= ked the chair to provide evidence that the students indeed dropped out, and it = is not the case that just a few students registered, the chair could not provi= de such evidence. The faculty su= ggested that it may be that the students did not like the hours of the class, and simply did not register, but the chair refused to consider any other possibility.

Furthermor= e, the Chair claimed that the 5 students gave the faculty member poor teaching eva= luation, ranging from score that are lower than a score of 3, and saying that he saw= the bad evaluations together with the former chair and that he and the faculty should receive it by e-mail. = The faculty member replied that he has not received such e-mail and was unaware= of the poor student’s evaluations, asking the Chair “to be so kind= and to share with the faculty the student’s evaluations, so the faculty c= an see what the students did not like about his class.” The chair refused to share the fac= ulty evaluations, saying that the faculty should find it from another source and find out why he did not get the e-mail with the 5 students student evaluations. The faculty repl= ied that he reported it to the IT help desk, and they told the faculty to resol= ve it with the chair due to the fact that they know nothing about it.

= ;

The faculty explains to the chair that he is unable to remediate the problem if he does= not know what he has done that is wrong, and asked the chair what else can the faculty do? Suggesting that t= he only choice left is to complain to the faculty senate. The chair replied that he “d= oes not care what the faculty will do,” and that the “faculty can f= eel free to go to the faculty senate, but he is too busy to continue to talk ab= out it.” He then turned his= back to the waiting faculty and continued to work on his computer. The faculty had to walk away witho= ut resolving the problem.

= ;

·         Since this is a recurring problem of Retaliation Discrimination Defamation Intimidation Coercion, Threats, Retribution Slander & Libel (RDDICTRSL) as well as other problems of improper administrator conduct, with this faculty as well as with other faculty memb= ers in this department, the faculty request to convene the James W. McLamore Outstanding Service Award Committee (GW- General Welfare Committee) and if no= t possible the Rank, Salary and Conditions = of Employment (RSC), as a second option. For details about previous and additional RDDICTRSL issues see the appendix (following).

·         The said Department Chair: chair

·         Former The = said Department Chair: Former chai= r

·         Faculty mem= ber: The Professor

Ps:

After writing the letter the faculty member rece= ived the following e-mail from the chair:

Here you go.

------ Forwarded Message
From: "Former Chair"

Date: Wed, 21 Jan 20xx 17:42:42 -0500
To: "Current Chair"
Subject: RE: Course Evaluation Request

Professor taught two courses--XYZ101H and XYZ101J. Both course= had 5 students.

F= rom: Current Chair
Sent: Wed 1/21/20xx 5:09 PM
To: Former Chair
Subject: Re: Course Evaluation Request

Former Chair,
Will you tell me what The Professor’s course evaluations were last semester?

Thanks,

Dept. Chair

= ;

Appendix:<= o:p>

Regarding meeting with the following committees regarding a follow-up on my cases (following):

·         James W. McLamore Outstandin= g Service Award Committee(GW- General Welfare Committee) ** and/or=

Rank, Salary and Conditions = of Employment (RSC) previous times met with Former faculty senate director & RSC Committee chairs, RSC Committee co-chairs and other = former RSC members, who are not currently on the GW committee. I was seeking my files, on Fri, du= ring the last week of the 20XX fall semester.&n= bsp; Robyn Hardeman, Secretary of the Senate; = Elena Flores, Administrative Assistant; and Laura Louis, Staff Assistant, told me that they cannot find the record, and it seems like they have lost my files or they h= ave been misplaced and she cannot find them for now. She has never reported back to me,= if she has found them or not, in spite of my repeated requests. I have requested them to search fo= r it and inform me if they find it. Likewise, I reported it to the Faculty Senate Stephen Sapp, Chair, requesting him to find the record and report it to me. S= o far, I have not heard from either one of them, and assume that my RSC records are lost for good. At that meetin= g I asked Faculty Senate Stephen Sapp, to let me speak to the GW committe= e, but Steve said that it is too late in the semester, so I am requesting it a= gain for the 20xx spring or summer.

Robyn Hardeman<= /u>, Secretary of the Senate; Elena Flores, Administrative Assistant; and Laura Louis that I may not step in the faculty senate office and if I do not leave immediately, they will call the campus security to arrest me and remove me forcefully. When I refused to leave, Robyn pro= ceeded to call the police and ask them to remove me. After about 10 minutes, I had to l= eave to teach my class, so I left before the arrival of the police never experiencing the threats to arrest me.

Retaliation … & RDDICTRSL

UM School = (UM retaliates against me for filing an EEOC & UM faculty senate complaints, and UM & Coral Gables police assault complaints against former acting c= hair professor. UM demotes, harass= es or otherwise "retaliates" against me for filing a charge of discrimination with the EEOC & UM faculty senate, participating in a discrimination proceeding, or otherwise opposing discrimination (against others). The discrimination is based on race (xxxxx), religion, national origin (yyyyy), and disability (disabled veteran of the zzzz Armed Forces), and marital status (spouse discrimination) or sex, as well as wage differences between me and others performing substantially equal work, also retaliated against individuals who oppose unlawful discrimination or participate in an employment discriminati= on proceeding, other Rank, Salary, & Conditions (RSC) of employment faculty senate committee & UM faculty members.

In additio= n to the retaliation UM refuses to enforce EEOC & Americans with Disabilities Act (ADA).   UM coerces m= e to maximize my walking distance from the classroom to the office the labs, etc. UM intimidates me, and threatens me. Former Dean For= mer Dean refusing to comply with the faculty senate (giving me a 15% raise and = stop discriminating against me) unless I wave my rights to sue the university.   CFO Chief Financial Officer = (UM The said Director) and IT Director (UM Computer Director) harass me and threate= n to deny me computer services (Fall 20XX) denying me computer access. Help Desk (UM Help Desk Tech) refu= sed to let me take my desktop and laptop computer, Feb. 20xx, Spring Semester, say= ing that his supervisors, CFO Chief Financial Officer and Chief IT Officer, prohibited him from giving me the computers and my user-name & password= , or letting him test the software on these computer with me. further said that he will have to “talk with Former chair,” the Chair of the UM The said Dept. and his supervisors. Likewise, th= ey interfere with my classes by refusing to install the proper software in the lab, my office and classroom. In general it interferes in their exercise of my own rights and discourages UM office of ADA exercise of rights granted by the ADA. UM denies me access to proper comp= uter software and hardware in the classroom, office and labs, as well as choice courses and schedules. This l= ives me without computers, and no access to the PC-Lab and Class room computers forcing me to log in as a students, borrowing a student’s username and password, or another faculty members (denying me admin access to my own cla= sses and course materials).

The retali= ation occurs when my employer, UM, takes an adverse action against, me, a = covered individual because I have engaged in a protected activity. These= are described below.

Adverse Ac= tion

An adverse action is an action taken to try to keep someone from opposing a discrimina= tory practice, or from participating in an employment discrimination proceeding. Examples of adverse actions include:

·         Employment actions such as denial of promotion to full professor, fair raises, and benefits.

·         other actions affecting employment such as threats that they "will make"= ; my life miserable, unjustified negative evaluations of my performance (disproportionately low raises and benefits travel and graduate assistance), unjustified negative references knowingly spreading false rumors that I am mentally disturbed, "risk to myself and others," or increased surveillance, eliciting students for defamatory statements in return for gr= ade upgrades, and

·         any other action such as an assault, former acting chair, telling me that= he "will kick me" out of the office or unfounded civil or criminal charges " that I am a threat to myself and others," and "sel= ling academic credits over the internet" that are likely to deter me from pursuing my rights. I have fi= le assault charges against him with the UM and Coral Gables police. In retaliating against me Former A= cting Chair ripped my name plate from my new said department office, forcing me to stay in my old smaller and dilapidated office, while giving my newer and la= rger office space to adjuncts and graduate students to further "snub, humil= iate and intimidate" me.

Adverse ac= tions do not include petty slights and annoyances, such as confiscating my person= al notebook, during a department meeting, written in Foreign Language and pass= ing them to other Minority faculty members for reading & interpretation dur= ing a departmental meeting, or other stray negative comments.   Acting Dean and Former Chair, assigning a 5 (M-F) day, morning, noon, and evening schedules, telling me t= hat I should leave since the UM will "never promote me" and that I be= tter "stay at Sabbatical University, and not come back from the Sabbatical." He promised= me to give me an extra raise if I stay at Sabbatical University, and not come bac= k to UM. Further, Former Chair dem= oted me, removed me from the Graduate Faculty, and reduced my salary by about 15%. Likewise, Former Chair s= aid that he will force me to teach only the said courses, to “teach me [t= he material],” and deny me teaching in my specialty of academic teaching= and research areas, etc. Likewise= , he claimed that I am “selling my wares” to student’s recruit= ers, and other false allegations, and thus he denied my travel to present in professional meetings to present my papers that were published in the proceedings.

= ;

Furthermor= e, his wife (Former Chair & Former Acting Dean), and current chair Former chai= r, denies me graduate assistants and undergrad work-study students or no assistance, refusing to let me teach graduate and/or summer classes, and overtime Higher Level Higher Pay Graduate Courses. Likewise, she and or he forces me = to use classrooms without computers that are too far from the PC-Lab. Likewise, they refused my repeated offers to fund even part of a laptop that I could carry to the classroom to make up for the missing computer and the lack of support from the UM, or as= sign to me a course that will give me such a choice classroom, and schedule, overtime paying Higher Level Higher Pay Graduate Courses in a closer buildi= ng to my office, with a computer in the classroom. Likewise, she denies me teaching c= ourses in my specialty, or my interest, assigning them to other less qualified instructors.

Likewise, telling me that he waved my contract to have to comeback from Sabbatical at another university to teach at UM, plus he will give me a negative raise, i= f I do not leave after my Sabbatical. He carried out his threat and gave me a negative raise, when I came = back from my Sabbatical, making false excuses of "financial exigencies,&quo= t; "Students assistants abuse" while hiring Former Chair Former Acting Dean and For= mer Chair, with salaries at least twice as high as mine. Likewise, he promised to give me a= high raise if I stay at the remote Sabbatical University, after my Sabbatical. Likewise, Chair Prof. Former Chair upgrading my student’s grade forms= an A- to an A, without my knowledge in return for defaming me, providing false accusation about my teaching and grading policies.

= ;

Chair former chair reassign courses that I developed f= or 2 years now, requesting her to continue teaching it in the Summer & the F= all 20xx, and leading me on to expect to get it.&nbs= p; Yet she assigned it to another professor without even having the com= mon courtesy to tell me about it, letting me waste my time as I am struggling to further improve this class. F= urther embarrassing me as I have to find about it from students that could not register in the 20xx spring, due to too many people registered in the class, and too few working computers in the PC-Lab. As I told such students to preregi= ster for the 20xx Summer I, the students surprised me, and replied that another professor (and other that are clearly less qualified, and some time less se= nior compared to me) was assigned = to teach this class, as of Sun 3-2-8, as follows, from the UM computer schedule (see enclosed schedule):
https://myum.miami.edu/general/courses/coursesmainn= ew.asp?newsearch=3D1&Department=3Dxyz&Term=3D3&crsTerm=3D20xx&a= mp;submit=3DSubmit&course=3D&level=3D&crsType=3D&prevCrs=3D

Course/Sect Type Crdts Course Title Days Time Status Instructor Open Limit Room

XYZ101 GY     3 XYZ Course Title T R 6:00-9:30P Open   = Another Professor 20 20 GB 431

Likewise, she makes me the last to know, confusing me = and my students, and interrupting my research and teaching plans, as they are rela= ted (see attached schedule summer 20xx). I have left a written request on Former chair’s desk, requesti= ng to teach XYZ301, in the Summer and the Fall, on Wed 2/6/8, and expecting to= get it for the above reasons, only to find out on Sun, 3/2/20XX that she has already assigned it to another professor, without even telling me anything about it, surprising me and my students.&n= bsp; This is typical of the way that UM treats me, to make me “feel miserable, and leave voluntarily.”

= ;

Adverse ac= tions do not include "snubbing" me and not invite me to meet new faculty members, or negative comments that are related to low student ratings or retention.

Even if the prior protected activity alleged wrongdoing by a different employer, retaliatory adverse actions are unlawful. For example, it is unlawful for a worker's current employer to retaliate against him for pursuing an EEO char= ge against a former employer.

Of course, employees are not excused from continuing to perform their jobs or follow t= heir company's legitimate workplace rules just because they have filed a complai= nt with the EEOC or opposed discrimination.

Covered Individuals

Covered individuals are people who have opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discriminati= on based on race, color, sex, religion, national origin, age, or disability. Individuals who have a close association with someone who has engaged in su= ch protected activity also are covered individuals. For example, it is illegal= to terminate an employee because his spouse participated in employment discrimination litigation.

Individual= s who have brought attention to violations of law other than employment discrimination are NOT covered individuals for purposes of anti-discriminat= ion retaliation laws. For example, “whistleblowers" that raise ethic= al, financial, or other concerns unrelated to employment discrimination are not protected by the EEOC enforced laws.

Protected Activity

Protected activity includes:

Opposition= to a practice believed to be unlawful discrimination

Opposition= is informing an employer that you believe that he/she is engaging in prohibited discrimination. Opposition is protected from retaliation as long as it is b= ased on a reasonable, good-faith belief that the complained of practice violates anti-discrimination law; and the manner of the opposition is reasonable.

Examples of activities that are protected opposition include:

·         Actions that interfere with job performance so as to render me ineffective; or

·         Misinterpreting my complaints against former Dean "to take his hands of my wife,” and that he "will regret" it if he does not stop as Unlawful activities such as acts or threats of violence.

Participat= ion in an employment discrimination proceeding.

Participat= ion means taking part in an employment discrimination proceeding. Participation= is protected activity even if the proceeding involved claims that ultimately w= ere found to be invalid. Examples of participation include:
·         Filing a charge of employment discrimination against UM;

·         Cooperating with an internal investigation of alleged discriminatory practices against = UM; or

·         Serving as a witness in an EEO investigation, litigation, or faculty senate complai= nts of other UM professors such as, but not limited to, Professors Natiello, Kruger, Moshe Friedman (filed wrong= ful termination law suit against UM), etc.

= ;

Likewise t= hey refuse my repeating requests for a reasonable accommodation based on disability, to provide a computer equipped classroom near my office and the PC-Lab, in the Jenkins building, forcing me and my students to go to the mo= re remote Memorial building 2nd floor with a classroom without a computer.

= ;

This retal= iation is relatively rarely done in the open. In this case, it is usually masked b= y a pretext that sounds valid, like poor teaching effectiveness, or low student retention rate. For example, where I won a discrimination complaint earlier from the RSC that I was passed over for a promotion consideration and got sub-standard raises, because of discrimination, UM continued demoting or dismissing me. The closer its connection to the complaint, the more suspici= ous the action may be. First, the pretext of my teaching ineffectiveness was trumped up, so the validity of the claim needs to be investigated. Even if valid, such infraction is behavior accepted from other workers without similar action being taken. No instructor (that I know of) that teaches computer classes has had similar treatments. It should be found to be retaliati= on and therefore is illegal.

= ;

I have becom= e so uncomfortable that I don’t want to stay with the employer UM. Also, y= et, since UM provides negative references or otherwise acts to hurt my employability, I cannot easily get other jobs, and I have to pursue retalia= tion claims. Claims other than discrimination may apply here, such as defamation, disseminating false information about me to prospective employers directly = or indirectly.

= ;

Even though = this RDDICTRSL that doesn’t seem w= orth pursuing initially, it piles up to produce a truly hostile environment that interferes with my work and others, making it compelling to complain.

<= /o:p>

My superviso= rs have been making false statements and wrongful accusations, these persons e= ven twists my messages around to meet an agenda, as they told me “to make= my life miserable so I would live voluntarily, since they cannot fire me, due = to my tenure” etc.. That I have a good idea of this scheme, but don't kn= ow for sure and can't take time to worry about right now.

<= /o:p>

I am spendin= g a great deal of time defending myself and along with that, spending time and money to refute these claims, and deal with this RDDICTRSL. This RDDICTRSL is discouraging, wha= t can I do? I have asked the RSC to put a stop to it and nothing was resolved, la= st semester (Fall 20XX) I spoke with the Faculty Senate Chair, to no avail.

When I came to the faculty senate office to discuss t= he matter, the secretary of the faculty senate told me to leave the facility immediately, since she was told to prohibit me from coming to the faculty senate office. She said that = I will be arrested by campus police if I do not leave immediately. When I refused to leave, she calle= d the security guard and the campus police asking them to arrest me since I am trespassing, in front of my and in the presents of the assistant secretary = to the faculty senate. I refused= to leave and waited there for the police to arrest me for about 10 minutes, but the police did not show up. I= had to leave to teach my class, so I left after 10 minutes, and did not come ba= ck to the faculty senate office.

= ;

Any help you= can provide will be greatly appreciated as this is affecting my personal life a= nd my health. I have spent numer= ous hours with the former vice Provost Steve Ullmann, and former RSC committees to no avail.

<= /o:p>

<= /o:p>

In a series = of electronic mail ("e-mail") messages, memoranda and conversations = with his supervisors, The Professor described and protested the disparate treatm= ent and unlawful discrimination to which he was being subjected. In a meeting w= ith former Dean and Faculty Senate Chair terminated abruptly the meeting, after= The Professor said that Former Dean will regret discriminating against him. In response to these communications, the Former Dean retaliated against The Professor by, among other things:
a. placing him on indefinite administrative leave, ejecting him from the classroom in front of the students, with a university security police man, telling him that he may not return to campus, since he is a danger to himse= lf and others. Likewise, the for= mer Provost Lewis, and vice Provost Steve Ullmann demanded that The Professor g= o to the UM selected psychiatrist to clear him to return back to the classroom.<= span style=3D'mso-spacerun:yes'> In the meantime, Former Dean spread false rumors that The Professor is mentally disturbed, and faculty senate members, such as Steve Green, inquired to find out if The Professor was tak= ing his “medications.”

<= /o:p>

After about 3 months, The Professor reported Paul Surges’ conduct to the former Pro= vost Lewis, and Wilhelmina Black, director of UM EEOC, and got a psychiatrist clearance, Former Dean let him back to the classroom.

<= /o:p>

As of neither this filing, neither Provost Lewis, Vice Provost Ullmann nor any other UM official has undertaken an investigation into The Professor charges of disparate treatment and unlawful employment discrimination, although The Professor reported them to the EEOC, and the latter promised to open an investigation. Rather, UM officials retaliated against The Professor for protesting and complaining about the disparate treatment and unlawful discrimination to which he was being subjected.

<= /o:p>

As of this filing, and despite promises to the contrary, neither UM official, has undertaken an investigation into The Professor charges of ethnic profiling = and stereotyping against xxxx, yyyyy, & zzzzz employees, and disparate treatment and unlawful employment discrimination against this class of Americans. Rather, UM officials retaliated against The Professor for making these charges and protesting the unlawful conduct of UM that give rise to t= hem.

<= /o:p>

Using a systematic smear campaign, UM falsely accused The Professor in misusing university resources, “selling UM credit on the internet”, and “selling his wares” to UM donor and recruiters (Rider Corporati= on) etc.

As the complained-of conduct of the UM executive were intentional and motivated by discriminatory and/or retaliatory intent and/or reckless or callous indifference to The Professor Fourth Amendment rights, statutes, and Execut= ive Order, such UM executive may be also liable to The Professor for punitive damages.

In increasing the abuse heaped upon The Professor and in taking the ultimate job-ending a= nd career threatening actions against him, UM acted in retaliation against him because of his complaints of and opposition to the unlawful origin race disability and religious discrimination being perpetrated against him at th= e UM. In so doing, UM separately violated Title VII, of the US constitution, by engaging in reprisal against complainer for his having engaged in protected civil rights activity

<= /o:p>

As a result = of UM' unlawful retaliation and reprisal against The Professor for his having complained about and opposed race and religious discrimination against him = on the job, The Professor has suffered and continues to suffer actual adverse = and harmful effects and injuries, including but not limited lost pay, lost promotions and future promotional opportunities, and foreclosure of public = and private sector employment opportunities. Further, The Professor has also suffered injury and damage in the form of anger, anxiety, emotional distres= s, resentment, humiliation, and loss of reputation and professional and person= al standing as a result of UMs' unlawful retaliation and reprisal against him = for his protected civil rights activity. Thus, Former Dean in his official capacity as the head of the UM is libel to The Professor under Title VII for the unlawful retaliation and reprisal perpetrated by UM against The Professor.

<= /o:p>

The Professo= r is xxxx. Xxxxs are considered a distinct race and religion for purposes of 42 U.S.C. ¤¤ 1985 and 1986.&nbs= p; Likewise, national origin being a disabled are all protected categor= ies, much like race and religion.

<= /o:p>

UM deans, ac= ting deans, chairs, acting chairs, jointly and severally, while acting within th= eir official capacities as UM officials, have also engaged in a pattern of retaliation against The Professor for exercising his First Amendment rights. The retaliatory conduct includes, but is not limited to, initiating investigations, re-investigations and disciplinary proceedings against The Professor, subjecting The Professor to hostile custodial interrogations and denial of service, placing The Professor on indefinite administrative leave, foreclosing public and private sector employment opportunities to him, decimating his professional career, and threatening to seek the revocation = of his graduate faculty standing and fair treatment if he does not wave his ci= vil right rights to sue UM.

<= /o:p>

There are th= ree basic conflicts: 1) retaliatory dismissal or denial of promotion; 2) charge= s of raises discrimination; and 3) disclosure of confidential university files a= fter the complaints, the provost office claiming that they have evidence on file that The Professor is a danger for himself and others, and that they have confidential information that they cannot release to the faculty senate or = the The Professor himself. Later, the provost changed his story claiming that such files do not exist, while fail= ing to provide them to the faculty senate or The Professor.

= ;

General We= lfare Committee 20XX-20xx**

= ;

Members:

Jean Francois LeJeune

Architecture=

8-5258

Steven Green

A & S

8-4272

* T.B.D.

Business

Grace Barnes

Communication

8-3860

Randall Penfield

Education

8-8340

Norman Einspruch<= /p>

Engineering

8-3812

Richard Williamson

Law

8-4815

Doris Jui<= /o:p>

Library

8-6516

Patricia Byers<= o:p>

Medicine

585-1902

Mary Ann Fletcher

Medicine

6-6288

Ferdinando DeSe= na

Music

8-3110

Victoria Mitrani

Nursing

8-9139

Christopher Harrison

RSMAS

5-4610

Officers:

= Stephen Sapp

Chair, Senate

8-4733

Sherrill Hayes

1st Vice Chair

8-4535

Rene Sacasas

2nd Vice Chair

= 8-4481

UM Course Offerings

Top = of Form

         Show open courses only

    Advanced Search Options:<= span style=3D'font-size:8.0pt;mso-fareast-font-family:"Times New Roman"; color:black'> Course number: <= /p>

OR level:

OR type:

&nb= sp;

Bott= om of Form

Course/Sect

Type

Crdts

Course Title

Days

Time

Status

Instructor

Open

Limit

Room

   Course Type: H=3DHonors, &n= bsp; W=3DWriting,   I=3DIntersession

UM Course Offerings

   C= ourse Type: H=3DHonors,   W=3DWriting,   I=3DIntersession

Appendix:

Employment Law Outline

ADA Disability, Core Definitions of Disability applies= to

A physical impairment that substantially limits one or more major life activities of The Professor:
Thrombo Phlebitis Migrans = and loss of sensitivity on the internal right leg below the knee, due to the severan= ce of the Sephenous nerve, and damage to the Sephenous blood vassal.

A record of such impairment (as documented at the center of disability at the UM)

being regarded as having such an impairment (as documented at the center of disability at the UM)

“Physical impairment”: dysfunction due to injury in a mil= itary service making it difficult or impossible to walk during an inflammation of Thrombo phlebitis, swelling of the feet, and pain surrounding the inflammat= ion areas.

“Substantially limits”: severity and duration of the limitation. It is substantial= , and permanent, leading to a permanent disabled veteran of the IDF (Different Defense Forces). The Professo= r is restricted in manner or duration when compared to the average member of the population.

“Major Life activities”: reaching, walking, standing and sometimes work is considered a major life activity, in that case it must prevent The Professor from performing in a broad range of professor’s jobs.

“Record of such Impairment”: is available at the UM office of Disabilities. It shows that T= he Professor has impairment, currently affected by it and has a history of it, within B.

Disparate Treatment Claim and Reasonable Accommodation= Claim

The Professor need a reasonable accommodation, an employer has a duty to = make a reasonable accommodation; discrimination includes not making a reasonable accommodation with the knowledge of a disability: providing a classroom that i= s as close as possible to the office and the lab.

Inst= ead UM forces The Professor to teach at the farthest building, the Remote Building, away from the Schools' Building, the location of the office= and the PCLab, even though the there are empty classrooms in the Schools' Building adjacent to the PCLab that are vacant.

The = need of the reasonable accommodation caused the adverse action, maximizing= The Professor walk to and from the office to the classroom and to the PCL= ab.

The claim says The Professor was qualified and denied that is a disparate treatment case,= I am being treated differently because of my disability. UM trying to make The Profess= or “life miserable,” so The Professor will leave voluntarily, since the UM cannot fire him due to his tenure. The Professor is bringing a disparate impact claim.

With= out an available reasonable accommodation, of providing a classroom in the Jenkins building, adjacent to the PCLab, like Jenkins 204, that does impose an undue hardship.

Meeting the definitions of “Reasonable Accommodation” and “Undue Hardship” may lead to the remedies of intentional discrimination leading to not only equitable but compensatory and punitive damages wi= th the caps. These discrimi= nation is intentional since The Professor has requested many times accommodations, but the UM refused to grant them for the past 15 years= , if not intentional, then your limited to equitable, back pay, injunctive = no compensatory or punitive.

N= ational Origin

National origin means ancestry, the country where the = person was born or where their ancestors are born, in this case, Israel. Reading The Professor notes in For= eign Language and passing them to other Minority faculty members, thinking that = they can read Foreign Language, maybe discrimination based on national origin, a= nd on race.

The Professor bilingual employee that is disciplined f= or writing in Foreign Language has a disparate impact National origin, and may= be also Jewish race or religion. The “Significant Adverse Impact” on a terms or conditions of employ= ment on employees of Different national origin (population in general not so affected).

Hostile Environment:&= nbsp; The discriminatory treatment created inferiority, isolation, and intimidation; this is a hostile environment claim. Former Acting Chair Former Chair taking away The Profe= ssor Foreign Language notes and passing them to Former Chair , then to Another Professor= , denying my privacy and exposing my private notes to other faculty member without my permission in front of the members of the department and in full view of all the members in the department and finally to Another Professor (xxxx) for interpretation of the foreign language in the latter, who they thought can read and under= stand the foreign language due to his racial and religious identity. This creates a hostile environment= for The Professor.

Subj:

FW: Coure Evaluation Request <= /p>

Date:

1/21/20xx 6:12:31 PM E= astern Standard Time

Sent from the Inter= net (Det= ails)

sob.xls
Appendix A GIFTS AND ENDOWMENT BY AREA (in millions)<= /p>
			Endowment
Units	Total Gifts	Market Value	Spending & Distribution
Unit	Pledges	May 31	2009 FY2009
College of Arts and Sciences	$6.00	$26.80	$1.70
School of Architecture	0.1	1.2	0
School of Business Administration	0.4	29.9	2
School of Communication	0.8	8.4	0.6
School of Education	4.1	4.5	0.2
College of Engineering	0	11.9	0.8
School of Law	1.1	38.6	2.4
Leonard M. Miller School of Medicine	60.8	255.7	16.3
Rosenstiel Sch= ool of Marine and Atmospheric Science	1.8	20.5	1.4
Phillip and Patricia Frost School of Music=	1.8	23.6	1.6
School of Nursing and Health Studies	1.3	6	0.4
Department of Athletics	12.4	8.9	0.5
Lowe Art Museum	4.8	4.6	0.3
Richter Library	0.6	7.6	0.5
Financial Aid	0.7	23.9	1.5
Central Fiscal Unit	6.1	66.5	4.5
TOTAL	$102.80	$538.60	$34.70

Members:
Jean Francois LeJeune	Architecture=	8-5258
Steven Green	A & S	8-4272
* T.B.D.	Business
Grace Barnes	Communication	8-3860
Randall Penfield	Education	8-8340
Norman Einspruch<= /p>	Engineering	8-3812
Richard Williamson	Law	8-4815
Doris Jui<= /o:p>	Library	8-6516
Patricia Byers<= o:p>	Medicine	585-1902
Mary Ann Fletcher	Medicine	6-6288
Ferdinando DeSe= na	Music	8-3110
Victoria Mitrani	Nursing	8-9139
Christopher Harrison	RSMAS	5-4610
Officers:
= Stephen Sapp	Chair, Senate	8-4733
Sherrill Hayes	1st Vice Chair	8-4535
Rene Sacasas	2nd Vice Chair	= 8-4481