Category Archives: Legal issues

Kentucky/Rhode Island: Inquiry widens on dean’s spending

Courier-Journal: Inquiry widens on dean’s spending

Second school looks into use of grants

A federal investigation into allegations of mishandled funds at the University of Louisville has led another university to review grant expenditures made by the dean at the center of the investigation.

A spokeswoman at the University of Rhode Island, where Robert Felner worked from 1996 to 2003, confirmed yesterday the school is reviewing his grant expenditures while he was employed there.

Robert Felner picked to lead UW-Parkside resigns amid probe

Man picked to lead UW-Parkside resigns amid probe

MADISON, Wis. –

A University of Louisville dean hired to lead the University of Wisconsin-Parkside resigned his appointment Tuesday amid a federal criminal investigation in Kentucky.

Robert Felner, dean of the Louisville College of Education and Human Development, was to start as chancellor of UW-Parkside in Kenosha next week. But Felner alerted UW System President Kevin Reilly on Sunday that his college was facing a criminal investigation and offered to resign, said spokesman David Giroux.

Reilly announced he accepted the resignation Tuesday after Felner’s attorney told the Louisville Courier-Journal his client was the focus of an investigation into whether $500,000 in federal grant money was mishandled.

“Everyone involved here realized there would be significant distractions with him stepping in as chancellor of UW-Parkside,” Giroux said. “And everyone agrees, this is in the best interest of UW-Parkside.”

In a one-paragraph letter, Felner’s attorney said he “decided to decline accepting his appointment.” He was to work the first month alongside Chancellor Jack Keating, who is retiring at the end of July, before replacing him.

U.S. Attorney David Huber of Kentucky’s Western District said Monday his office and two federal agencies were conducting an investigation after the university turned over information. He declined further comment.

Felner’s attorney, Scott Cox, told the Courier-Journal his client had not mishandled any funds and was cooperating with investigators. Cox, who did not return messages from The Associated Press, told the newspaper Felner was concerned his appointment would “create a problem, even if it’s just a perception problem, at the University of Wisconsin.”

Reilly expects to appoint an interim chancellor in coming weeks for UW-Parkside, a school of 5,000, to replace Keating while a new national search for a chancellor gets under way, Giroux said.

Giroux said the system will investigate whether Felner’s background was properly vetted during the initial search. Among the potential areas of inquiry, he said, will be the performance of a search firm hired to help.

State Rep. Steve Nass, R-Whitewater and chairman of an Assembly committee on higher education, praised the system for moving decisively to accept Felner’s resignation. Now, he said, system leaders should perform a review of their search and screen process.

“They need to explain what has gone wrong,” he said. “Someone needs to be held accountable. Why did this happen?”

The Board of Regents approved Felner as the school’s chancellor earlier this month with a salary of $205,000. The contract guaranteed him free housing at the chancellor’s residence, a state car and a tenured faculty position.

Felner beat out three other finalists for the job after a lengthy interview process. System leaders said Felner’s personal story as a high school dropout who earned a GED before succeeding in higher education would be a good fit for UW-Parkside, the system’s most diverse campus.

Regent Michael Falbo, who led the regents’ selection committee for the job, said earlier Tuesday that Felner “was the best qualified candidate” and he was shocked to learn about the investigation.

“It was his overall experience, background, education,” he said. “Everything appeared to be appropriate.”

Copyright 2008 The Associated Press.

Incoming Chancellor at U. of Wisconsin at Parkside Faces Investigation

The Chronicle News Blog: Incoming Chancellor at U. of Wisconsin at Parkside Faces Investigation

Two weeks after being appointed chancellor of the University of Wisconsin at Parkside, Robert Felner has acknowledged that the college he oversees at the University of Louisville faces a criminal investigation, according to the Associated Press.

Mr. Felner has been dean of Louisville’s college of education and human development since 2003. The college is the target of an unspecified investigation involving federal law-enforcement agencies and a local U.S. attorney’s office, The Courier-Journal of Louisville reported. University officials say they alerted the authorities to the “potential issue” and are cooperating with law-enforcement officials, who were on the campus on Friday.

Mr. Felner, whose appointment in Wisconsin is effective August 1, told a University of Wisconsin system official on Sunday about the investigation in Louisville. —Paul Fain

Kentucky: U Of L Dean Resigns From New Position (Video report)

WHAS: U Of L Dean Resigns From New Position

MADISON, Wis. — A University of Louisville dean hired to lead the University of Wisconsin-Parkside has resigned amid a federal criminal investigation in Kentucky.

Louisville College of Education and Human Development Dean Robert Felner was to start as chancellor of UW- Parkside in Kenosha next week.

UW System President Kevin Reilly said he accepted Felner’s resignation on Tuesday. Felner had alerted Reilly on Sunday that his college was facing an unspecified criminal investigation.
Click here to find out more!

The board of regents approved Felner as the school’s chancellor earlier this month with a salary of $205,000.

Copyright 2008 by The Associated Press

Wisconsin: School of future Parkside chancellor being probed

Journal-Sentinel: School of future Parkside chancellor being probed
Louisville dean Felner told UW of investigation; target isn’t identified

Posted: June 24, 2008

A federal criminal investigation is under way at the school where newly appointed University of Wisconsin-Parkside Chancellor Robert Felner is dean — and UW officials are trying to figure out what the news means for the school’s future.

Felner, who is supposed to take the Parkside position July 1, told the UW System on Sunday that there is an ongoing investigation into the University of Louisville’s College of Education and Human Development, where he has served as dean since 2003, UW System Spokesman David Giroux said.

The U.S. attorney’s office in western Kentucky, based in Louisville, issued a short statement confirming the office was conducting a joint criminal investigation with the University of Louisville and federal law enforcement agencies. The U.S. attorney’s statement did not name the College of Education or Felner.

“(Felner) took the time to inform us of it. I’d just leave it at that,” Giroux said.

Felner is still an employee of the University of Louisville, where his retirement is effective June 30. UW System officials have not altered his contract, which was approved this month. In an e-mail to the Board of Regents, Giroux wrote: “We are working aggressively to gather more facts about this matter, and to determine what implications this might have for the UW System or our UW-Parkside campus. We will strive to keep you informed as more information becomes available.”

The statement from U.S. Attorney David L. Huber said the matter initially was brought to his office by University of Louisville officials, and “we have experienced nothing but the highest level of cooperation.” He said the criminal investigation is not a matter of public safety and is “fairly new.”

“We are months away from resolution,” he said.

His statement added: “Normally, our policy is to not comment on criminal investigations. However, in dealing with a public institution of higher learning, we must be sensitive to a different community need when the investigation enters a more public stage and is naturally discovered as a result of certain events.”

One media report out of Louisville said federal officials were spotted taking papers away from Louisville’s College of Education and Human Development late last week.

Felner could not be reached at his home or office for comment Monday. Giroux said he thinks Felner is still in the Louisville area and has not yet moved to Wisconsin.

A high school dropout from Brooklyn who later earned his GED and went on to climb the academic leadership ladder, Felner has been hailed for being a chancellor with a non-traditional background similar to that of many of UW-Parkside’s students. The school, in Kenosha, is the system’s most diverse and enrolls 5,000 students from 55 Wisconsin counties.

Felner earned his bachelor’s degree from the University of Connecticut and a master’s and doctorate in psychology from the University of Rochester. Before becoming a dean at Louisville, he served as professor and director of the School of Education at the University of Rhode Island for seven years. He has been on the faculty at the University of Illinois, Auburn University and Yale University.

He bested three other candidates for the job after a 19-member search and screen committee along with a search firm conducted interviews and did background checks. His contract was approved at the June Board of Regents meeting.

An aide to Assembly Colleges and Universities Committee Chair Rep. Steve Nass (R-Whitewater) — a frequent UW critic — said the legislator is concerned about Felner’s impending start date.

“It raises questions as to whether the beginning date should be delayed,” Mike Mikalsen said.

Regents President Mark Bradley said candidates are supposed to disclose all material facts when an offer is made, but it’s unclear how much Felner knew.

“It gets to what did he know and when did he know it,” Bradley said.

Don Walker of the Journal Sentinel staff contributed to this report.

Kentucky: Former U of L dean under investigation

Herald-Leader: Former U of L dean under investigation
The Associated Press

MADISON, Wis. —
The man picked to lead the University of Wisconsin-Parkside faces an uncertain future amid a criminal investigation at the University of Louisville, where he was a dean.

Robert Felner is dean of the university’s College of Education and Human Development. He alerted UW System President Kevin Reilly on Sunday that his college was under investigation.

UW System spokesman David Giroux says the system is trying to gather more information and determine what implications the investigation might have for Felner’s job in Wisconsin.

David Huber, the U.S. Attorney for the Western District of Kentucky, confirmed last week that federal law enforcement agencies and his office were investigating the university but did not mention Felner’s college.

Outgoing U of L dean at center of investigation, attorney say

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Courier-Journal: Outgoing U of L dean at center of investigation, attorney say

The outgoing dean of the University of Louisville’s College of Education and Human Development is at the center of the federal investigation at the university, his attorney said.

Scott C. Cox, the attorney for Robert Felner, said the investigation is looking into an allegation that roughly $500,000 in federal grant money was mishandled.

“We believe from our very preliminary investigation that he has not mishandled any funds,” said Cox, who added that Felner has “cooperated fully with federal authorities.”

Felner — who was scheduled to become the chancellor at the University of Wisconsin-Parkside next month — notified UW system officials he was withdrawing his name from consideration for that post.

“Dr. Felner is concerned that this is going to create a problem, even if it’s just a perception problem at the University of Wisconsin,” said Cox.

David Giroux, the UW System spokesman, confirmed Felner’s resignation has been accepted by System President Kevin Reilly.

U.S. Attorney David Huber confirmed in a statement Friday that a criminal investigation is under way on campus involving the university, federal law-enforcement agencies and his office.

The investigation was triggered by university officials who became concerned that federal grant money may have been mishandled, Cox said.

The U.S. Postal Service and U.S. Secret Service are investigating the case jointly with the U.S. Attorney’s Office, he said. As part of that investigation, the agencies seized documents and a computer from Felner’s university office on Friday.

EEOC sues over alleged age bias at S.F. State

San Francisco Chronicle: EEOC sues over alleged age bias at S.F. State

San Francisco State University violated federal age discrimination laws by passing over an older teacher with a doctorate for an assistant professorship position in favor of a lesser qualified but young applicant, according to a federal lawsuit filed Wednesday in U.S. District Court.

Ohio: Retired professor sues UC

Cincinnati Enquirer: Retired professor sues UC

After 40 years teaching architecture at the University of Cincinnati, David Niland felt he earned the right to criticize UC over changes to its curriculum.

But after he took that criticism to faculty meetings and student sessions, UC told Niland, in unusually blunt terms, to stay away from the College of Design, Architecture, Art and Planning (DAAP) where the program is housed.

6 ears of Ph.D. work denied, so he sues

Chicago Sun-Times: 6 years of Ph.D. work denied, so he sues
UIC | Says profs showered him with praise, then dropped bomb

June 2, 2008

Peter Beckway spent six years working toward a Ph.D. in English literature, racking up nearly all A’s, winning a prestigious teaching assistantship, and earning a 3.88 grade-point average.

Tennessee: UT professor indicted by grand jury

Knoxville News Sentinel: UT professor indicted by grand jury
Man accused of giving sensitive technology to foreign students

A University of Tennessee professor emeritus is accused of giving two graduate research assistants – one from Iran and another from the People’s Republic of China – unfettered and unauthorized access to sensitive military arms information and lying about it.

New York: Ex-professor guilty of threats

The Post-Standard: Ex-professor guilty of threats
Jury convicts Xiang Li of 11 felony counts. Morrisville victim feels “no joy.”

Kim Mills took a few minutes Monday before commenting on the conviction of a former colleague who had sent Mills threatening e-mails and made death threats by telephone.

“There’s no joy in this,” said Mills, whose life was turned upside down by the months of threats he endured from former Morrisville State College professor Xiang Li. “Nobody wins anything. It’s the end of a very difficult period. I think he’s a very dangerous man, and it’s been a very difficult experience.”

Scholar of Asian Art Is Found Dead in U.S. Detention Center

AP: Indicted museum director found dead at WA federal prison

A Thailand museum director who was indicted as part of a federal investigation into looted antiquities died Wednesday at the Federal Detention Center in SeaTac, apparently following a heart attack.

Roxanna Brown, a 62-year-old U.S. citizen, passed away sometime around 2:30 Wednesday morning. Prison spokeswoman Maggie Ogden said an autopsy was planned.

Record Industry Says Spike in Piracy Notices Is Not Part of Lobbying Strategy

The Chronicle: Record Industry Says Spike in Piracy Notices Is Not Part of Lobbying Strategy

A recent spike in online-piracy notifications from the Recording Industry Association of America has mystified college officials. Some say they wonder whether the increase is part of a strategy to persuade Congress to make colleges crack down on students who download music illegally.

Law Professor Accuses Students of Defamation

The New York Times: Law Professor Accuses Students of Defamation

For some law students, brass-knuckled litigation starts before they even finish school.

At the University of Arkansas in Little Rock, an award-winning law professor has sued two of his students, alleging that they defamed him by unfairly describing him on campus as a racist. The tenured professor, Richard J. Peltz, an authority on freedom of speech, denies he is racist.

Ethnic Profiling Alleged at Georgetown

Inside Higher Ed: Ethnic Profiling Alleged at Georgetown

A graduate student filed suit against Georgetown University on Tuesday, alleging discrimination and unlawful search and seizure when campus police detained him while he was attending a friend’s graduation ceremony last year. Two months later, the university issued a report responding to the student’s initial complaint stating that the officers had followed proper policies.

The student, Kambiz Fattahi, is in his final year at Georgetown’s graduate security studies program while also working for the BBC’s Persian Service, according to the complaint. After the incident in May, Fattahi wrote a first-person piece that appeared on the BBC News Web site describing the sequence of events. “I was there to support a graduating classmate. Sitting in the front row among proud parents, family and friends of graduating students, I was captivated” by the words of Bernard Bailyn, the Harvard historian giving the commencement address, he wrote.

A Professor Sues His Students

Inside Higher Ed: A Professor Sues His Students

On bad days, there are no doubt plenty of professors who have joked about suing students. But it is pretty rare that somebody actually does so. A law professor at the University of Arkansas at Little Rock has — and the ramifications could extend well beyond his dispute.

Richard J. Peltz is suing two students who are involved in the university’s chapter of the Black Law Student Association, the association itself, and another individual who is affiliated with a black lawyers’ group. Peltz charges them with defamation, saying that his comments about affirmative action were used unfairly to accuse him of racism in a way that tarnished his reputation.

Former Instructor Threatens to Sue Dartmouth and Some Students for Discrimination

The Chronicle: Former Instructor Threatens to Sue Dartmouth and Some Students for Discrimination

A former lecturer in Dartmouth’s writing program complains of being subjected to hostile and exploitative behavior. Dartmouth says her claims are without merit.

Appeals Court Rejects Challenge to Law Denying Student Aid to Drug Offenders

The Chronicle News Blog: Appeals Court Rejects Challenge to Law Denying Student Aid to Drug Offenders

Opponents of a law that prevents students who are convicted of drug offenses from receiving federal financial aid were handed another legal defeat today.

The U.S. Court of Appeals for the Eighth Circuit, upholding a 2006 decision by a U.S. District Court, has refused to reinstate a lawsuit that sought to strike down the law.

In its ruling the appeals court rejected arguments by the Students for Sensible Drug Policy Foundation, which filed the appeal, that the federal law is unconstitutional.

The group argued, in part, that denial of financial aid by the Education Department to students who have already served a court-imposed sentence violates the U.S. Constitution’s ban on double jeopardy, criminally punishing someone twice for the same offense. But the appeals court said that the federal law’s sanctions cannot be considered criminally punitive, especially in the double-jeopardy context. —Sara Hebel

New York: Federal judge dismisses mail and wire fraud charges against SUNY Prof

The Buffalo News: Federal judge dismisses mail and wire fraud charges against Kurtz
UB professor was accused of illegally obtaining biological materials

Agents from the FBI Hazardous Materials Response Unit collect biological evidence from a house on College Street and Maryland in Allentown belonging to UB professor Steve Kurtz in May 2004. A federal judge dismissed an indictment against Kurtz today.

A federal judge today dismissed criminal indictments against Steven Kurtz, the University at Buffalo professor accused of mail and wire fraud when he obtained biological materials he intended to use in his artwork.