Page 6 THE MICHIGAN DAILY, THURSDAY, SEPTEMBER 8, 1994 Comm. rofessor sues over 'U' retaliation Misspent funds June 1994 By BETH HARRIS Daily Staff Reporter A University adjunct professor is writing yet another chapter in the ongoing saga within the communication department. Jonathan Friendly, director of the Master's Program in Journalism, has filed a lawsuit against the University claiming thathis role in prompting a recent departmental audit cost him a renewal of his contract. General Counsel Elsa Cole said the Uni- versity officially was served with papers re- garding the lawsuiton Sept. I.The University has to file a formal answer by Sept. 22. Friendly's complaint stems from last year's audit of the communication department. The department was audited because of allegations that three endowments - the Harry and Helen F. Weber, the Howard R. Marsh Professorship in Journalism, and the Howard R. Marsh Center for the Study of Journalistic Perfor- mance - were being misspent. "It was my actions that led to the audit," Friendly asserted. "I made sure that the audit took place because the money was not being spent the way the donors were told it was being spent." After helping to bring the misspending into the open, Friendly said he was made aware that his contract with the University was not being renewed. "According to University procedures, they must notify you in September of your last year if your contract isn't going to be renewed. They didn't," Friendly said. Instead of the three-yearcontract, Friendly's lawsuit -claims that LSA Dean Edie N. Goldenberg and then-chair of the communica- tion department L. Rowell Huesmann "unilat- erally imposed aone-year contract containing less desirable terms and conditions." Friendly said in the lawsuit that he had tried to notify Huesmann and Goldenberg of the misuse of the grant funds, but the attempt was futile. Friendly then reported the misuse to Regent Philip Power (D-Ann Arbor). In his report to Power, Friendly asserted that the University should stop using the funds in a manner contrary to the original intent of the grantors. Friendly said he told Power that the misrepresentation of funds should be rectified by the University. The suit also alleges that Goldenberg mis- represented the spending of the Marsh Fund in a letter toPower. Power declined to commenton litigation pending against the University. In response to his involvement with the auditors and his cooperation with their investi- gation, Friendly claims the University failed to "timely notify (him) that his three-year contract would not be renewed and instead denied (him) arenewal of his three-yearcontract to which he was otherwise entitled." In the lawsuit, Friendly also claims that Goldenberg and Huesmann retaliated and dis- criminated against him because of his insis- tence that they rectify the misuse of the funds. James Fett, the lawyer representing Friendly in this case, said, "We hope to gain fair and equitable treatment on the same level that his peers are being treated. That reason he's not receiving that equitable treatment is because he chose to oppose inappropriate, unethical, and, perhaps, illegal activities." The lawsuit further alleges that Goldenberg and Huesmann retaliated and discriminated against him because they believed he would report their conduct. "They are mad at me for bringing the issue of spending of the endowment funds into the open, which hadn't yet been done," Friendly said. If the allegations are proven true, the Uni- versity could be found guilty of violating the Michigan Whistleblower Protection Act and the University's own contract-renewal proce- dures. The Whistleblower Protection Act was established to protect people who report offi- cial misconduct or wrongdoing. The University feels "confident" about its ability to win the case, said Walter Harrison, vice president for University relations. "I've spoken to Jonathan about his allegations, and there's just no substance to his charges. We will show that in court." Friendly said he and Fett attempted to negotiate with the University before the com- plaint was filed, but to no avail. "We've been in negotiations since last October. We didn't reach any agreement and that's when the lawsuit was filed," he said. Friendly is seeking judgement against the University in whatever amount the court deter- mines to be fair. Friendly is also claiming economic and noneconomic hardships result- ing from the ordeal, including "pain, suffering, and mental anguish," and said those conditions will persist in the future. He is requesting a renewal of his contract for three years on the same terms and conditions as other faculty members and an injunction against further retaliation by the University. -Daily StaffReporter Cathy Boguslaski contributed to this report. An internal audit by the University discovered misspending of communication department endowments. Loose spending guidelines allowed communication department officials to use more than $400,000 in private donations "not in accordance with the donors' intentions," according to the audit. June 16, 1994 Following the internal audit, President James J. Duderstadt announced at the June Board of Regents meeting that he had taken steps to restore the misused funds. Besides those steps, the University will require each academic unit to submit to the provost a written description of the scholarly activity supported by the endowment or fund. July 1994 Jonathan Friendly, director of the Master's Program in Journalism, filed a lawsuit claiming that his role in prompting the communication department audit cost him his three-year contract. *1 Be a part of the organization that brought Dennis Miller, Betty Shabazz, Spike Lee, Girbaud, Soul Asylum, and Daryl Gates to the University of Michigan. Be a COMMITTEE MEMBER for the Larg- est Student-Run Organization on Campus, the University Activities Center. U.S., Cuba suspend negotiations * Newsday WASHINGTON - Refugee talks in New York between the United States and Cuba recessed yesterday as the Cuban negotiator headed home for con- sultations and a senior U.S. official voiced optimism about a settlement. During the six days of talks, Wash- ington has sought to stop the exodus of Cubans heading forFlorida, while Cuba has demanded that the United States consider relaxing the economic em- bargo against the island, which the Cubans say is the cause oftheircountry's problems and the refugee flood. With the United States refusing to discuss the embargo and insisting that it will only talk about the refugees, the talks seemed at an impasse until yesterday. But the senior U.S. official told re- porters that a proposal delivered to the American side Tuesday evening by chief Cuban negotiator Ricardo Alarcon had elements that "contained significant improvements" from the U.S. point of view and "were seen as acceptable" because they "represented a basis for us to proceed further." He characterized chief U.S. nego- tiator Michael Skol, a deputy assis- tant secretary of state, as "optimis- tic." During yesterday's hourlong meeting, the United States gave its reply. And as a result, Alarcon de- cided to return to Havana. Details of the Cuban proposal and the U.S. response were not known, and the State Department declined to com- ment. But earlier the United States had offered to increase legal migration of Cubans to more than 20,000 a year. UAC Day - Info Booth Wednesday, Sept. 21st * All Day {* Union Basement UAC Mass Meeting Dates: Tuesday, Sept. 27th @ 7pm Union Ballroom Wednesday, Sept. 28th Bursley Hall (N. Campus) Get Involved! University Activities Center 2105 Michigan Union Ann Arbor, MI 48109-1349 I ~ n : 1, ''L ti, "F4 "'It H A S *B A N A N AS v.., i" ~ I 4, &OR f 28035 SOUTHFIELD RD. LATHRUP VILLAGE MI 48076 4 4i5 *WM 1 I k F THE OFFICE OF THE VICE PROVOST FOR ACADEMIC AND MULTICULTURAL AFFAIRS* AND THE OFFICE OF ACADEMIC MULTICULTURAL INITIATIVES** WELCOME OUR NEW STUDENTS! HAVE A SUCCESSFUL SCHOOL YEAR AND A GREAT EXPERIENCE AT THE UNIVERSITY OF MICHIGAN! 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