PERB Transcript - April 1 2010

240
VOLUME 3
STATE OF NEW YORK
PUBLIC EMPLOYMENT RELATIONS BOARD
* * * * * * * * * * * * * * * * * * * *
*
In the Matter of:
*
*
UNITED UNIVERSITY PROFESSIONS, NEW
*
YORK STATE UNITED TEACHERS, AFT,
*
LOCAL 2190, AFL-CIO,
*
*
Charging Party,
* Case No.
* U-28826
-and*
*
STATE OF NEW YORK (State
*
University of New York at
*
Buffalo),
*
*
Respondent.
*
* * * * * * * * * * * * * * * * * * * *
Public Employment Relations Board
Main Hearing Room
Fifth Floor
80 Wolf Road
Albany, New York 12205
April 1, 2010
The above-entitled matter came on for hearing
at 9:45 a.m., pursuant to Notice.
Before:
KENNETH S. CARLSON, ESQ.

Administrative Law Judge
DEAN R. NELSON - COURT REPORTER - (716) 741-9255
241
A P P E A R A N C E S:
NEW YORK STATE UNITED TEACHERS, 270 Essjay
Road, Williamsville, New York 14221, BY: TARA
SINGER-BLUMBERG, ESQ., of Counsel, appearing on
behalf of the Charging Party.
MICHAEL N. VOLFORTE, Acting General Counsel,
Governor's Office of Employee Relations, 2 Empire
State Plaza, Suite 1201, Albany, New York
12223-1250, BY: LYNN HOMES VANCE, ESQ., of
Counsel, appearing on behalf of the Respondent.
242
I N D E X
WITNESS
T O
DIRECT
W I T N E S S E S
CROSS
REDIRECT
RECROSS
RESPONDENT:
MAKAU MUTUA
--
243
--
--
JEFFREY REED
346
359
--
--
JAMES NEWTON
365
371
--
--
* * * * * * * * * *
I N D E X
EXHIBIT
T O
E X H I B I T S
DESCRIPTION
FOR ID
IN EVID
CHARGING PARTY:
17
Document, 2 pages,
Internet Legal Research
Group
246
--
18
Document, 1 page, Memo

to Makau from Jeffrey,
9/9/05
319
322
19
Document, 1 page;
E-mails to and from
Mutua and Malkan, 3/3/07
323
324
362
362
RESPONDENT:
9
24
Document, 7 pages;
Letters, 7/14/08
243
P R O C E E D I N G S
LAW JUDGE CARLSON:
We are on the
record.
We are about to begin Day 3 of the
hearing in U-28826.
On the stand already is Dean Mutua.
When we left off yesterday afternoon, the
Direct Examination was completed, and we are
about to begin his Cross-Examination.
10
Anything the parties need to -- there's
11
nothing we need to deal with housecleaning?
12
MS. SINGER-BLUMBERG:
13
LAW JUDGE:
14
No.
Jump right in.
Your
witness.
15
WHEREUPON,
16
MAKAU MUTUA,
17
having been called by and on behalf of the
18
Respondent, and, having been duly sworn, was
19
examined and testified further as follows:
20
CROSS-EXAMINATION
21
22
BY MS. SINGER-BLUMBERG:
Q
23
24
Dean, you're familiar with the bar pass rates for

the Law School?
Yes, I am.
[Mutua, Cross]
244
And so you're aware that the pass rates have
actually gone up since Jeff started as Director of
the Research Writing Program?
They have gone up but minimally.
Minimally.
So when you say "minimally," they were
at minus .88 percent before he started, and the
first year that -- the first year that the
students took the bar after he was hired, they had
gone up by eight percent?
10
MS. HOMES VANCE:
11
Objection.
Foundation.
12
LAW JUDGE:
The Dean did indicate he
13
was aware of the bar passing rates.
14
jumping into the --
15
MS. HOMES VANCE:
Perhaps
I don't know if the
16
foundational being the percentage is
17
correct, and I don't know if the Dean knows
18
whether that's correct or not, those
19
statistics.
20
LAW JUDGE:
There's an assumption then
21
that those are correct.
22
by asking the Dean by how much?
23
24
Why don't you start
Q
When you say "minimally," what percentage is that?
[Mutua, Cross]
245
I don't know the numbers in front of me.
I cannot
recall it right away, but I think our bar pass
rate has not jumped up beyond the range of between
three and four percent, to my recollection.
So if I were to tell you that from the time
Professor Malkan started as Director through 2007,
the bar pass rate went up by almost 15 percent?
9
10
11
12
Oh, I would have to see the numbers to be able to

respond to that.
Would you say that 15 percent is a significant

pass rate?
MS. HOMES VANCE:
Objection.
13
Irrelevant.
We don't have any foundation
14
for whether or not the numbers actually
15
jumped like that.
16
some foundation that this is really true.
17
Otherwise, it's just speculative and no
18
foundation.
I think we need to have
19
LAW JUDGE:
20
21
22
23
24
I'll sustain that.

Your Honor, I
want to -- I only have one copy of this.

LAW JUDGE:
Off the record for a
second.
(Discussion was held off the record).
[Mutua, Cross]
LAW JUDGE:
246
For the record, I am
marking as Charging Party Exhibit No. 17 a
two-page document.
screen grab of sorts from Internet Legal
Research Group, some admissions and other
statistics, particulars concerning the
University of Buffalo Law School.
document I am marking for ID only at this
point as Charging Party Exhibit No. 17.
10
(Charging Party Exhibit No. 17 was

marked for identification).
It appears to be a
Two page
11
12
LAW JUDGE:
13
For the record, the witness has been
14
handed a copy.
15
16
Thank you.
MS. HOMES VANCE:

record?
Are we back on the
I wanted to interpose an objection.
17
LAW JUDGE:
She hasn't offered it yet.
18
Go ahead.
19
MS. HOMES VANCE:
Were we on the
20
record?
We had taken a moment to discuss
21
this.
22
about this document; correct?
I think we already have questions
23
LAW JUDGE:
No.
24
No.
Or not?
[Mutua, Cross]
MS. HOLES VANCE:
LAW JUDGE:
background questions.
MS. HOMES VANCE:
jumping ahead.
LAW JUDGE:
7
8
She started to ask some
All right.
All right.
Okay.
So I am
I apologize.
Go ahead.
Dean, does the Law School share information on

statistics of pass rates for the bar exam?
10
Do you
know, publicly or to -A
12
13
All right.
11
247
We share that information with US News and World

Report.
14
And that includes the percentage each year of

students who pass the bar?
15
Yes.
16
And the document that you have in front of you
17
lists in the middle section the school's bar
18
passing rate for a number of years?
19
MS. HOMES VANCE:
Objection as to any
20
questions regarding this document.
Lack of
21
foundation.
22
suspect the Dean has no way to know whether
23
any of the information contained on this
24
document is reliable, from where it came.
I have no way to know and I
[Mutua, Cross]
248
Plus these are not just pure statistics.
We
don't know who this Internet Legal Research
Group is.
reporting pure statistics from the
University of Buffalo.
statistics and they are analyzing them and
coming to a conclusion, and they're also
comparing bar passage for ABA and non-ABA
accredited schools, or apparently that's
These statistics are, they're not
They're taking
10
what they're doing.
11
across the top where it says "Admission
12
Statistics," they have, only certain years
13
are reported.
14
deemed to be reliable by some stretch of the
15
imagination, there are years that are
16
missing here so it wouldn't be a complete
17
snapshot of what the bar passage rate would
18
be for the University of Buffalo in any
19
event.
20
these statistics.
21
If you look at the,
So it's not, even if this was
There would be no reliability to
LAW JUDGE:
Without better foundation,
22
frankly, I'm inclined to agree with you.
23
On the other hand, I'll give you an
24
opportunity to ask this witness if you can
[Mutua, Cross]
249
establish foundation or some reliability or
indicator that these numbers are, in fact,
accurate.
5
6
We'll see where that goes.

Thank you, Judge.
Q
Dean, if you turn to page 2 of the document, it
says that the average for bar exam statistics, in
the little fine print at the bottom of the box,
were calculated for the years listed as released
10
by the law schools.
So you said you do release
11
your bar passage rates to US News and World
12
Report, I believe you said.
13
of the document, I would draw your attention just
14
to the sentence that says, "School bar's passage
15
rate," and this is UB specifically that we're
16
looking at.
And on the first page
17
Uh-huh.
18
And it lists a passage rate for every year except
19
20
21
2003; correct?
A
Correct.
MS. HOMES VANCE:
22
Objection.
23
evidence.
24
Excuse me.
That mischaracterizes the
It lists 2001,
[Mutua, Cross]
250
2002.
There's a blank for 2003, and then it
goes to '04, '05, '06, '07.
MS. HOMES VANCE:
anything beyond that.
LAW JUDGE:
And we don't have
Okay, fair enough.
It
doesn't list every year, but from 2001 to
2007 with the exception of 2003.
9
10
Correct.
Q
Do you have any reason to believe that these
11
numbers are not accurate in terms of the bar
12
passage rates for UB?
13
MS. HOMES VANCE:
Objection.
14
Irrelevant as to what he has reason to
15
believe whether they're accurate or not
16
accurate.
17
accurate or not accurate, and unless the
18
witness can say with certainty that they're
19
accurate, it's irrelevant.
20
is not relevant.
21
LAW JUDGE:
22
23
24
The question is whether they are
His speculation
I'm going to overrule that
and let you ask the question.

A
I have no way of knowing whether these numbers are

accurate.
[Mutua, Cross]
251
Okay, yesterday you testified that you knew about
the bar passage rates.
believed that it was Malkan's fault that the bar
passage rates at UB were so low.
the statements you made yesterday in your
testimony on direct.
knowledge of what the bar passages rates are for
UB.
In fact, you said that you
That was one of
So you must have some
MS. HOMES VANCE:
Objection.
Really I
10
could be mistaken, but I believe that
11
mischaracterizes the Dean's testimony
12
yesterday.
13
LAW JUDGE:
14
I'm
going to overrule that objection.
15
16
I don't think so.
Go ahead.
A
Yes.
I -- I did connect the incompetence with
17
which Jeff Malkan ran the program with our anemic
18
bar passage rates, and while I can speak generally
19
about the numbers, I cannot say for certain
20
whether these are the numbers that the Law School
21
has without -- without -- without seeing my own
22
numbers.
23
24
Roughly, what are the numbers generally?

MS. HOMES VANCE:
Again, objection as
[Mutua, Cross]
252
to it's irrelevant as to what the numbers
are generally.
a basis of knowledge.
LAW JUDGE:
If this witness doesn't have
Overruled.
He testified
yesterday that, he testified the bar passage
rates weren't as good as he would like to
see them.
testimony, and he did squarely place the
blame on Professor Malkan.
That's my characterization of his
That presumes he
10
has some basic knowledge of it, and I think
11
it's fair for Ms. Blumberg to probe as to
12
how broad that knowledge may be and to ask
13
questions about it.
14
15
I'm going to --
MS. HOMES VANCE:
but I just think in terms --
16
LAW JUDGE:
17
MS. HOMES VANCE:
18
I'm overruling.
-- of specific
numbers that the Dean doesn't really carry.
19
20
I wouldn't disagree,
LAW JUDGE:
I heard his testimony and
--
21
MS. HOMES VANCE:
22
LAW JUDGE:
He said generally.
That's fine.
He can speak
23
generally and that was her question.
24
believe the last question was just asking
[Mutua, Cross]
253
him to speak generally.
understands of course he can't verify these
right now as accurate, but I think it's a
fair question to ask generally, as you did.
Of course she
I cannot verify these numbers, you know, with
respect to the bar pass rates for -- for my law
school.
put numbers like this for Buffalo, you still would
have to look at comparatively what the numbers are
What I can tell you is that even if you
10
for other law schools within the state to do a
11
deeper analysis to see if, in fact, bar passage
12
rates did go up across the state and by what
13
percentage our bar pass rate went up or went down
14
to be able to determine if, in fact, you know, we
15
are doing well in that particular area.
16
upon my own analysis of our numbers, again,
17
speaking generally, we have lagged behind other
18
law schools in the state of New York.
And based
19
The average for the state?
20
Yes.
21
Throughout Malkan's tenure as Director, you lagged
22
We have lagged behind.
behind the state's average pass rate?
23
Repeat the question.
24
Throughout Malkan's tenure as Director, you're
[Mutua, Cross]
254
saying that UB lagged behind the state average
pass rate throughout his tenure?
I would say that generally for the last ten years
and even beyond, we have lagged behind in our bar
pass rate in the state generally.
7
8
What does that mean?
Some years you were ahead?
Some years you were behind?

A
Minimally.
Let me -- negligible percentages.
mean, there was never -- we were never able to
10
perform to our satisfaction in the -- in the bar
11
pass category compared with the other law schools
12
in the state.
13
14
What is the average state bar pass rate?
Do you
know?
15
I believe it is in the mid-80s.
16
And what is UB's average pass rate?
17
It's below that.
18
And just for purposes of clarification, Malkan
19
started in 2000; right?
20
That's my understanding.
21
So the first year that students who have been
22
influenced by his running of the program would
23
have taken the bar exam, the first relevant year
24
for percentages would be what?
[Mutua, Cross]
255
The first year that students that he -- that he
taught would have taken the bar would have been
2003.
He was one of how many teachers teaching Research

and Writing?
One of seven.
So what about -- the other six didn't have an
influence on the impacts of the passage rate for
Research and Writing instructors?
10
I cannot say.
11
But you know that he did?
12
What I can say is that he was the Director of the
13
program.
14
It was his responsibility to construct a
15
curriculum and to organize the program in such a
16
way to deliver a curriculum that would help our
17
students pass the bar.
18
party.
19
Obviously, the buck stopped at his desk.
He was the responsible
That's a lot of weight on a first-year program for
20
something that happens two years or three years
21
later?
22
MS. HOMES VANCE:
23
LAW JUDGE:
24
Objection.
That is sustained.
How much weight does the second and the third year
[Mutua, Cross]
256
education of the Law School influence the passage
rate of the bar in your view?
MS. HOMES VANCE:
that question be repeated?
it.
I'm sorry.
Could
I didn't hear
How much weight does the second and third year,
how much input does the second and third year have
on the passage rate of the bar?
It's -- it's difficult for me to say with
10
certainty.
11
that the first year of law school is a
12
foundational year, you know, for law students, and
13
especially with respect to the Research and
14
Writing Program where students are being taught
15
how to do legal analysis, to do research.
16
the one year in which basically those skills are
17
delivered to students.
18
that what happens in the first year is by far and
19
away one of the most important parts of, you know,
20
the tenure of a law student in the Law School.
21
The only thing I can say to you is
It is
So I would have to say
So I was in law school a long time ago.
When I
22
went to law school, the first year curriculum
23
included all mandatory courses basically.
24
to take civil procedure and property law and
You had
[Mutua, Cross]
257
things like that, and all of those were critical
components of the bar exam, those first year
mandatory courses.
MS. HOMES VANCE:
6
7
Is that still the case now?

LAW JUDGE:
Go ahead.
Q
11
12
I'm getting to a
question.
10
Objection.
Overruled.
What are the first year courses?
Are they
mandatory for the students?

A
The -- you know, as you probably know, although
13
you say you were in law school a long time ago,
14
there are substantive courses taught in the first
15
year which teach substantive law, you know,
16
property and so on, but there are courses that
17
teach legal analysis and legal research.
18
like to make a distinction between the courses
19
that teach substantive law and those that teach
20
legal analysis and research.
21
research and analysis is to be able to allow a
22
student to understand the logic of the law, to
23
understand the structure of legal argument and to
24
be able to think like lawyers.
I would
The purpose of legal
It is my view that
[Mutua, Cross]
258
without a good foundation in legal research and
analysis, it is very difficult to produce good
lawyers.
But the bar exam still has a day that's just

multiple choice questions; right?
I mean, the bar exam is a complex --
That's not the question.
The question is:
Is one
of the days of the bar exam still all multiple
choice?
10
I don't understand the point.
11
The point is for you to answer my question.
12
Yes, it does.
13
LAW JUDGE:
14
15
Thank you.
I'm not going to
move to introduce this, your Honor.
16
LAW JUDGE:
17
18
There you go.
Fair enough.
Q
Revisiting some of your testimony yesterday, Dean,
19
you indicated that the search for a new dean to
20
replace Nils Olsen failed because the University
21
wasn't satisfied with the candidate pool that it
22
got.
23
who turned down the opportunity to become the
24
dean?
Didn't they make offers to two candidates
[Mutua, Cross]
That was not something that I was privy to.
You were on the search committee, though?
I was on the search committee, but the search
committee does not make offers to candidates.

Q
7
8
They're not made aware that offers are made to

other candidates?
9
10
I'm
not a Provost or the President.
259
They are made aware that there are negotiations

between, you know, candidates and the University.
So were you made aware that there were
11
negotiations on two separate occasions with other
12
people who turned down the offer during the
13
search?
14
I was not aware of that.
15
And you also indicated that you were given an
16
indefinite position as Dean?
17
Yes.
18
The Provost told the faculty that because of the
19
failed search that you would be on a three-year
20
appointment and after the second year they would
21
run a new search.
Are you aware of that?
22
No, I'm not.
23
And so you're not aware that they're going to run
24
a new search for a Dean?
[Mutua, Cross]
No.
260
I'm aware of the contract that I was given by
the University which is a two-year indefinite
contract as Dean.
Deans serve at the will anyway, don't they?
Yes, they do.
You indicated that one of your duties as Dean is
to help hire faculty and staff.
word, to help hire.
You used that
Yes.
10
I want to clarify that a little bit.
11
12
So explain
to me who does the hiring, specifically.

A
13
So typically what happens in the hiring process of

staff or faculty -- which one?
14
Let's talk about tenure track faculty first.
15
What happens is that the Dean determines whether
16
there's a need to hire new faculty in the Law
17
School and determines the areas in which faculty
18
members would be hired.
19
look at the curriculum and decide that there's a
20
gap in Tax Law or there's a gap in Evidence.
21
would then, you know, approach the Provost or the
22
President and get permission, meaning resources,
23
to hire for such a position.
24
the faculty and let the faculty know that we can
So, for example, I could
I will then come to
[Mutua, Cross]
begin a search for a faculty member in that
particular area.
261
The faculty would then -- the Appointments
Committee, which is elected by the faculty, would
then begin the process of looking at the ALS --
AALS directory which is the Association of
American Law Schools, AALS, to comb that list for
candidates who are suitable in that particular
area.
10
They will then bring -- then cull the list
and look for the most suitable candidates.
11
They will invite those candidates to the Law
12
School for an interview.
They will be
13
interviewed.
14
candidate based upon their scholarship, and their,
15
you know, job talk, and the faculty would then
16
vote as to whether that candidate was appointable
17
or not.
18
with the candidate to see if a candidate would
19
accept the offer from the faculty.
The faculty will then discuss that
Then the Dean would begin negotiations
20
And then the offer comes from the Dean?
21
The offer comes from the Dean and the terms of the
22
23
24
appointment come from the Dean.

Q
So where is the President's involvement in that

process?
[Mutua, Cross]
262
Once a candidate is given the offer by the Dean
and she or he accepts the offer, then the Dean
makes a recommendation to the Provost to formally
appoint that person as a faculty member.
But the Dean actually signs an agreement in
negotiations that results in a letter between the
Dean and the applicant?
Yes.
Yes.
But that particular letter is, you
know, is obviously a letter between the Dean and
10
the candidate, but the formal appointment is not
11
made by the Dean.
12
13
14
It's made by the President pursuant to the

policies?
15
It's made by the President, you know, and the

Provost together.
16
It's perfunctory, though; right?
17
No, it is not.
18
So have you entered into an agreement or are you
19
aware of a dean entering into an agreement with an
20
applicant in writing, a letter detailing their
21
terms and conditions and then the President
22
refusing to issue an appointment letter?
23
24
MS. HOMES VANCE:

Relevance.
Objection.
We're getting into the parallel
[Mutua, Cross]
263
lawsuit that's pending in a Court of Claims
for the contract action, and really I think
it's veering off, and, frankly, I don't know
that this witness has the basis of knowledge
to testify to that.
6
7
8
9
LAW JUDGE:
Where are you going with
this?
The appointment
letters between the Dean and Malkan that
10
specifically speaks to terms of termination.
11
So I'm just trying to get clear on who has
12
the authority to create parameters, the Dean
13
or the President.
14
of Trustees say the President issues the
15
letter, but there's an appointment letter in
16
agreement between the parties.
17
trying to flesh out where it stops.
The policies of the Board
18
LAW JUDGE:
19
MS. HOMES VANCE:
20
that relevant?
21
relevant.
22
that issue.
23
24
Go ahead.
I think, again, is
I would say that's not
This witness didn't testify to
LAW JUDGE:
hiring.
All right.
I'm just
He did testify broadly to
[Mutua, Cross]
MS. HOMES VANCE:
264
Hiring faculty but
not the legality of, you know, the terms of
an appointment letter from a Dean to a
faculty member.
LAW JUDGE:
Well, I understand that
there is another matter pending that relates
to that question.
litigate that.
We're not here to
MS. HOMES VANCE:
10
LAW JUDGE:
11
MS. HOMES VANCE:
Exactly.
On the other hand -We're really not here
12
to litigate that, and I think that's going
13
into irrelevant territory.
14
LAW JUDGE:
On the other hand, we have
15
an (a) and a (c) Charge here, and one of the
16
things we'll look at is possible evidence of
17
-- let me step back.
18
type case including an (a) or (c) Charge,
19
your defense is, "We have legitimate
20
business or operational reasons for doing --
21
taking the action that we did."
22
counter that by saying, "Okay, sure, but the
23
stated reasons are, in fact, pretextual."
24
And one of the things we'll look at to
A normal employment
They can
[Mutua, Cross]
265
determine pretext is whether or not they've
acted consistent with the policies,
procedures, practices and whatnot.
To the extent there's been an
allegation here, my understanding of where I
think Counsel is going with this is that the
prior Dean has this agreement, and whether
or not that's consistent with University
policies or ABA rules or whatnot, I think
10
there's some question as to that.
11
think there's conceivably possibly some
12
relevance here, so I'm going to allow her to
13
continue.
14
Overruled.
15
16
MS. HOMES VANCE:
17
So I
Thank you.
I think -- could we
have the question read back?
18
LAW JUDGE:
19
Marlene.
20
(The pending question was read back by
21
22
That's fair enough.
the stenographer as follows:

"Q:
So have you entered into an
23
agreement or are you aware of a dean
24
entering into an agreement with an applicant
[Mutua, Cross]
266
in writing, a letter detailing their terms
and conditions and then the President
refusing to issue an appointment letter?")
LAW JUDGE:
Can you answer that
question?
THE WITNESS:
9
10
Since you've been Dean, have you appointed

anybody?
11
12
No, I cannot.
I do not appoint faculty members.
I make
recommendations for them to be appointed.

Q
Have you negotiated with applicants for
13
appointment along the lines of what you talked
14
about and entered into a written agreement?
15
Yes, I have.
16
And in how many cases have you done that?
17
I cannot recall exactly, but more than five.
18
And in any of those cases, did the President and
19
Provost not then issue an appointment letter?
20
They did.
21
I'm not clear on the answer.
In every situation
22
did the President ultimately issue an appointment
23
letter?
24
Yes, they did -- he did.
[Mutua, Cross]
Now, what about renewals?
267
Do you get involved in
those as well?
Renewals for what?
Renewals of faculty members after they've
5
6
initially been hired to the Law School?

A
You have to be more specific.
I don't know what
you're talking about.
Are you talking about
tenure track faculty?
Are you talking about
faculty?
10
11
Well, we were on tenure track faculty, so let's

stick with them.
12
Yes.
13
Are you involved in the renewal process of tenure
14
track faculty?
15
Yes.
16
And is it similar to what you described?
17
No, it is not.
18
Tell us how that works.
19
So renewals of, you know, faculty who are on
20
tenure track can take place in one of several
21
ways.
22
Dean that the faculty member not be renewed.
23
Dean can decide if a faculty member will not be
24
renewed, and the Dean can make that determination
The faculty can decide to recommend to the

The
[Mutua, Cross]
268
without resorting to the President or the Provost.
Decisions on renewal or nonrenewal --
Yes.
-- they stop at the Dean?
The Dean -- if the Dean makes a recommendation to
the Provost, for example, that a faculty member
should not be renewed, my understanding is that
the Provost or the President would most likely not
reverse that decision.
10
11
Okay.
So who does the letter come from
non-renewing?
12
It comes from the Dean.
13
But if you decide to renew and make a positive
14
15
recommendation, who does the letter come from?

A
It would -- I would make a recommendation to the
16
Provost -- to the Provost to -- to renew the
17
contract.
18
19
And then the letter comes from the Provost or the

President?
20
Yes.
21
So you don't sign anything like you do on the
22
initial hire with the person in a renewal
23
situation?
24
In most cases you do not.
[Mutua, Cross]
269
You're familiar with the policies of the Board of

Trustees?
Yes.
And are you familiar with the concept of a
qualified line?
Refresh my memory.
Qualified ranks.
So there are tenure track
faculty and there are non-tenure track faculty who
are on qualified appointments; correct?
10
11
12
You would have to define "qualified" for me.
What
does qualified mean?

Q
Qualified academic rank is rank held by those
13
members of the academic staff having titles of
14
lecturer or titles of academic rank preceded by
15
the designation "clinical" or "visiting" or other
16
similar designation.
Okay?
17
Okay.
18
So those titles of qualified academic rank are not
19
eligible for tenure; correct?
20
That's my understanding.
21
And it specifically says "clinical" followed by
22
the academic rank of assistant or associate
23
professor?
24
(Nods head).
[Mutua, Cross]
270
Which is what Professor Malkan held; correct?
Which is what Professor Malkan purported to hold.
Have you ever seen -- well, you introduced
yesterday actually appointment letters from the
President which had the title of clinical
associate professor and then clinical professor;
correct?
My response was that --
No.
10
Did you introduce those sheets yesterday as
part of your direct testimony?
11
I saw the sheets.
12
And are you aware that every state employee, let's
13
stick with the faculty, have a state title that
14
they're appointed to?
15
Yes.
16
And Professor Malkan's State title is clinical
17
18
19
I'm aware of that.
professor?
A
Again -MS. HOMES VANCE:
Well, your Honor, we
20
stipulate that we introduced that
21
appointment history yesterday and that
22
Professor Malkan held the titles that those
23
documents say, you know, that he held.
24
LAW JUDGE:
Fair enough.
[Mutua, Cross]
1
2
271
Q
So now let's talk about hiring of qualified
academic rank faculty, which is lecturers and
others with the qualified rank of clinical or
visiting professor.
different than what you described on the tenure
track?
Yes.
The hiring process, is it
It's very different.
It's depending upon
the rank, the qualified rank that we're talking
10
about, it would be very different.
11
have to ask me specific questions about the rank
12
that you want me to answer you.
13
So you will
Well, you have, I think, three or four clinical,
14
either associate professors or professors, in the
15
Law School; right?
16
Yes.
17
Were you involved in the appointment process of
18
any of those clinical professors?
19
(No response).
20
The initial hire.
21
No.
22
Okay.
23
24
Have you hired any clinical professor since
you've been Dean?

A
I have just hired someone, but they have not
[Mutua, Cross]
272
started work yet.
Clinical associate professor?
Clinical professor.
Full professor?
No.
Actually, I take that back.
My mistake.
I've hired a Director of the clinics, not a
clinical professor.
Okay.
Have you been involved in the reappointment
of any clinical professor?
And I want to make
10
clear, when I'm talking about clinical professors,
11
I'm talking about people who hold the State title
12
who are non-tenure track in a qualified rank.
13
14
I have been involved in the reappointment of three

clinical professors.
15
And who is that?
16
George Hezel, Sue Tompkins and Tom Disare.
17
LAW JUDGE:
18
name?
19
How do you spell the first
And tell us the third name again.

THE WITNESS:
George Hezel, H-e-z-e-l.
20
Tom Disare, D-i-s-a-r-e.
21
T-o-m-p-k-i-n-s.
And Sue Tompkins,
22
The reappointment?
23
The reappointment.
24
And in what way were you involved in those
[Mutua, Cross]
1
2
reappointments?
A
As Dean or on the committee?
I was involved --
MS. HOMES VANCE:
to what committee.
said "the committee."
Objection.
Vague as
Lack of foundation.
She
There's no --
7
8
273
I'm sorry.
The
Committee on Clinical Review for Renewals.

A
I was involved in their reappointment as the Dean

of the Law School.
10
In those three cases?
11
In those three cases, yes.
12
And before you were Dean, were you involved in the
13
14
reappointment of any other clinical title?

A
15
16
As far as I can remember, there were no

reappointments before I became Dean.
Well, you testified yesterday that you were
17
involved in the voting process of reappointing
18
Professor Malkan who holds a clinical professor
19
title.
20
21
So I'm confused.
I said that I was involved in a meeting in which

we were supposed to vote on his reappointment.
22
Right.
23
Yeah.
24
You said actually I believe that the
Supposed to vote on his reappointment.
[Mutua, Cross]
274
recommendation was to reappoint him to a one-year
terminal appointment?
As Director of the Research and Writing Program.
You didn't vote on his faculty appointment?
We did not vote on his faculty appointment.
And in the cases you were involved in in renewing
those three other people --
Uh-huh.
-- tell us what the process was.
10
So what typically would happen is that the
11
Clinical Promotion and Tenure Committee, which is
12
the body of all tenured faculty and all clinical
13
-- full clinical professors would meet to discuss
14
the reappointment of a clinical professor to
15
another three-year term.
16
three years.
17
particular committee would meet to discuss whether
18
this particular faculty member should be
19
reappointed based upon whether they have met, you
20
know, the requirements of their job description.
21
Every appointment is
So when the appointment is up, this
And that's always the first step is the committee
22
meets to review and make a decision on
23
reappointment of a clinical professor?
24
To make a recommendation to the Dean to reappoint.
[Mutua, Cross]
2
3
275
So when Jeff came up for review in 2006 on his

reappointment, did that committee meet?
When Jeff came up for review -- Jeff formerly held

the title of clinical associate professor.
Right.
At the meeting that we've been discussing here in
7
8
2006 -Q
reviewing his reappointment to a new three-year
10
11
No, but I'm asking you if there was a meeting for
contract which was due in 2006.

A
And that's what I'm trying to -- to respond to.
12
When we met in 2006, we were supposed to make a
13
determination on two issues regarding Mr. Malkan:
14
No. 1, as to whether he should continue to hold
15
the position of Director of Research and -- Legal
16
Research and Writing, and, No. 2, whether he
17
should be promoted from associate clinical
18
professor to a full clinical professor.
19
And along with the promotion would be a renewal?
20
Would be a renewal of three years.
21
Now, nonrenewal of clinical faculty, do they also
22
23
24
go before the Promotion and Tenure Committee?

A
Nonrenewals of clinical faculty would go before

the Clinical Promotion and Renewal Committee.
[Mutua, Cross]
276
Okay.
And --
And the requirements there are that the Director
of the clinics would present a report to that
committee recommending to that committee whether a
particular clinical professor should be renewed.
7
8
And where does that come from, that the Director

of the clinics makes that report?
The Director of the clinics is required by our

bylaws to make the -- to present a report before
10
the Clinical Promotion and Renewal Committee to
11
make that determination.
12
he was not a member of the clinical faculty and,
13
therefore, did not fall under the Director of the
14
clinics.
15
16
17
But he held a clinical title, the title of

clinical associate professor.
18
19
In Jeff Malkan's case,
And that's precisely why I said yesterday that he

was out of category.
That's your interpretation, but technically we
20
already have a stipulation.
21
past that.
22
associate professor; right?
23
to answer that because we know that it's right.
24
So I need you to get
He held the title of clinical

You don't have even
So let's talk about the bylaws since you
[Mutua, Cross]
277
raised them, and they are in the record.
Sure.
Okay.
I'm looking at what's been in the record as
Charging Party 8, which is the University of
Buffalo bylaws and standing orders of the faculty
for the Law School, and it specifically speaks to
the Clinical Promotion and Renewal Committee, and
it says that, "Renewal, dismissal, or termination
of the appointment of a Faculty Member who is on
10
an indefinitely renewable long-term contract ...
11
shall be recommended by a majority of the
12
Committee voting in person at the meeting."
13
is Committee on Clinical Renewals.
14
when a determination was going to be made to
15
non-renew Professor Malkan from his position as
16
clinical professor, did you follow the bylaws and
17
send the committee his paperwork to make a
18
recommendation on his nonrenewal?
So in 2008
19
No, I did not.
20
And yet the bylaws dictated that clinical
21
22
This
nonrenewals go before the committee?

A
I -- I did not send his matter of nonrenewal
23
before this particular committee because he was
24
out of category.
[Mutua, Cross]
278
You already said that.
Yes.
Just so I'm clear, who hires the adjuncts for the
Law School?
The adjuncts can be hired by the Dean.
By the Dean?
Yes.
And nonrenewals of the adjuncts?
Can -- can be issued by the Dean.
10
LAW JUDGE:
Mr. Reed, you need to keep
11
it quiet.
12
them, you walk up and whisper in their ears.
13
If you have something to tell
How many faculty are in the school, not counting
14
the adjuncts and the clinical faculty, roughly, if
15
you know?
16
Are you talking about full-time faculty or
17
part-time faculty, or are you talking about tenure
18
track faculty?
19
20
What do you mean?
I'm talking about full-time faculty other than -right -- full-time faculty.
21
And how are you defining full-time?
22
Full-time is a hundred percent employment.
23
full-time position.
24
of full-time.
It's a
There's only one definition
How many roughly full-time faculty
[Mutua, Cross]
279
do you have in the Law School?
I would say about fifty plus.
Fifty?
Fifty plus.
And how many adjuncts?
I cannot say for sure, but it's more than fifty.
More than fifty?
Yes.
Now, you talked about when these committees, like
10
the Promotion and Tenure Review Committee, which
11
is comprised of the tenure track faculty and the
12
-- is it also the clinical faculty are part of
13
that committee?
14
MS. HOMES VANCE:
Objection.
Assumes
15
-- she's mischaracterizing the evidence.
We
16
have testimony that there is a Committee on
17
Clinical Promotion and Renewal.
18
want the witness to be confused and have the
19
record unclear.
20
she's talking about.
21
LAW JUDGE:
We don't
I don't know what committee
Make sure we're clear with
22
specificity, and I'm not sure you
23
characterized the membership of that
24
committee accurately.
[Mutua, Cross]
2
3
Okay, I'm sorry.
Let me take a step back.

Q
4
5
280
Let's talk about faculty meetings.
Who is
eligible to attend a faculty meeting?

A
It depends on what kind of faculty meeting you're
talking about.
meetings.
There are many types of faculty
Do you have regular faculty meetings?
Well, there are many regular -- there are many
10
regular types of faculty meetings.
11
What types of faculty meetings are there?
12
So there are faculty meetings which discuss
13
governance in the Law School which is attended by
14
all tenure track and tenured faculty.
15
faculty meetings on appointments for tenure track
16
faculty which are attended by all tenure track and
17
tenured faculty.
18
Do these have different names, these faculty
19
meetings?
20
is?
21
There are
Absolutely.
Do people know what faculty meeting it
There are faculty meetings that, you
22
know, which are designed for the appointment of
23
clinical faculty, which include clinical faculty,
24
tenure track and tenured faculty.
You know, so
[Mutua, Cross]
281
there are many types of faculty meetings.
have to specify which faculty meeting you're
talking about.
5
6
You
Which faculty meetings are clinical faculty

allowed to attend?
Clinical faculty can attend faculty meetings on
governance except those meetings that either
deliberate on tenure or deliberate on appointments
for tenure track faculty.
10
Was there a time when clinical faculty were not
11
allowed to attend those other faculty meetings
12
that they can now attend?
13
Wasn't there a change?
Prior to, I would say -- I don't know the exact
14
date here, but prior to I think 2007, clinical
15
faculty could not attend faculty meetings.
16
You said yesterday that the Research and Writing
17
instructors came and went.
18
"See you in the hall," and you'd never see them
19
again, they're on their way out the door.
20
you aware that over Jeff's tenure as Director, he
21
increased the number of instructors that would
22
teach in the Research and Writing Program?
23
24
Sometimes they'd say,
Were
The Director of the program has no capacity or

ability or authority to increase the number of
[Mutua, Cross]
1
2
282
faculty teaching in the program.

Q
He has the ability to make that request, though,

and persuade the Dean to do that; right?
Yes.
And were you aware that those numbers actually
went up over his time as Director?
I was not counting.
But you were concerned about the Research and
Writing Program the whole time?
10
Yes, I was.
11
Did you realize that the number of sections went
12
up and the number of students in each section went
13
down as a result over the period that he was
14
Director?
15
16
17
Again, I was not aware that the sections changed

-- number of sections changed.
Do you get a copy or is there a master copy of the
18
schedule of what's being offered in the Law
19
School?
Do the faculty have access to that?
20
What do you mean?
21
I mean do you as a faculty member, can you see
22
what the fall schedule is, what courses are being
23
offered?
24
Absolutely.
Absolutely.
[Mutua, Cross]
283
Now, in 2006 when Professor Malkan came up for
review and promotion, renewal and promotion, you
said that it was at a faculty meeting.
general faculty meeting or a meeting of the
Promotion and Tenure Committee to vote on his
promotion?
Was it a
It was a faculty of tenured faculty -- it was a

meeting of tenured faculty.
Sorry.
To vote on his promotion?
10
It was a meeting of tenured faculty to discuss --
11
on the agenda were two issues:
12
Jeff Malkan should continue in his position as
13
Director of Legal Research and Writing, and,
14
secondly, to determine whether we should make a
15
recommendation for him to be promoted from
16
clinical associate professor to full clinical
17
professor.
18
19
20
It was -- that was what the Vice Dean for

Academics mentioned.
23
24
There was action that on the agenda before the

meeting commenced?
21
22
To discuss whether
Mentioned.
When a meeting is called, is there an
agenda that's sent out before the meeting?

A
I cannot recall whether there was a particular
[Mutua, Cross]
agenda, but I do recall that once we were in the
meeting, we were told that this is what we were
going to be discussing.
5
6
Do you remember getting a dossier on Professor

Malkan for review for promotion?
I remember getting a dossier for Professor Malkan
on his performance as Director of the Legal
Research and Writing Program, not a dossier for
promotion.
10
284
I don't remember that.
But when a faculty member comes up for promotion,
11
even a clinical faculty professor, a dossier is
12
put together; right?
13
Yes.
14
So even though you don't remember, presumably a
15
dossier was put together for him?
16
I don't remember.
17
And the dossier typically includes information on
18
performance from a number of sources?
19
The dossier for clinical faculty?
20
Yes.
21
The dossier for clinical faculty would be prepared
For promotion.
22
by the Director of the Clinics and presented to
23
the faculty for discussion, and it would focus on
24
the faculty member's competence in running a
[Mutua, Cross]
1
2
clinic.
Q
3
4
285
So would a dossier have been put together by the

Director of the Clinics for Malkan in 2006?
At this particular meeting, there was no Director
of Clinics.
The meeting that I'm -- that we're
talking about.
There was no Director in existence or present?
There was no Director present to present us with
9
10
Malkan's -- Mr. Malkan's dossier.

MS. HOMES VANCE:
Objection.
It
11
assumes facts not in evidence.
12
has already testified that since Professor
13
Malkan did not work in a clinic, that he is
14
not being reviewed by anyone that would have
15
run a clinic, so we're really mixing
16
evidence here.
17
LAW JUDGE:
The witness
What we have here, frankly,
18
is the fact that Mr. Malkan was in this
19
title, and we have the Dean who has
20
testified that he didn't believe that was an
21
appropriate title.
22
category."
23
some, let's call them procedural problems.
24
I don't think there's -- there may be a
He keeps saying "out of
Obviously, that can lead to
[Mutua, Cross]
286
dispute broader about the nature of his
title and what resulted from that, but I
don't think that she's assuming any facts
not in evidence.
disagreement, I suppose, over the
consequence of, as the Dean has testified,
that Mr. Malkan was, quote, out of category.
8
9
It's just that there's
MS. HOMES VANCE:
So I think what -- I
guess let me make clear my objection.
10
think that Ms. Singer-Blumberg's question is
11
assuming that if there was a Director of the
12
clinics, that that Director of the clinics
13
would have been responsible for preparing a
14
dossier on Mr. Malkan and presenting it to
15
the committee, to the Committee on Clinical
16
Promotion and Renewal or to a faculty
17
meeting, and that is against what the
18
testimony that the Dean has already
19
testified to.
20
not in evidence, I believe.
21
That's really assuming a fact
LAW JUDGE:
I don't read it that way.
22
If you think it's going in that direction,
23
that's something you can certainly ask on
24
Redirect.
[Mutua, Cross]
1
2
287
So let's move along.

Q
You testified --
LAW JUDGE:
In my mind I'm keeping
things clear, and I think it's probably as
clear on the record.
right now it's not clear, but if you think
it's not, then clarify it then on rebuttal.
MS. HOMES VANCE:
LAW JUDGE:
10
Thank you.
I don't think there's been
any sort of assumptions just yet.
11
MS. HOMES VANCE:
12
Thank you, your
Honor.
13
14
15
I don't think it's --
Thank you.
BY MS. BLUMBERG:
Q
You testified that one of the things that was
16
discussed on the internal agenda once the meeting
17
started was Professor Malkan's promotion.
18
already testified to that.
19
promotion process in the Law School, is a dossier
20
normally put together?
21
clinical director or the Director of clinics, but
22
by someone, is a dossier put together when a
23
promotion package comes up?
24
Yes.
You
So as part of the
Not necessarily by the
[Mutua, Cross]
288
Were there minutes of this meeting in 2006?
The -- the Promotion and Tenure Committee, or the
Clinical Promotion and Renewal Committee, does not
-- do not keep minutes.
6
7
attendance at that meeting?

A
8
9
And do you remember how many people were in
Oh, I can't recall, but I would say roughly maybe

-- I would say twenty roughly.
Do you remember whether the ABA 405(c)
10
requirements were read at that meeting by Sue
11
Mangold?
12
No, I do not recall that.
13
Were you familiar at that time with the 405(c)
14
requirements?
15
Yes, I am.
I was and I am today.
16
And by that point in time do you recall that the
17
three of the other clinical professors had already
18
been promoted to full professor?
19
I cannot recall.
20
So at that meeting you said one of the things on
21
the agenda was the removal -- whether to remove
22
Malkan as Director of the Research and Writing
23
Program?
24
Whether to terminate his directorship of the
[Mutua, Cross]
1
2
program, yeah.
Q
Now, you testified yesterday that as Dean, the
Dean has exclusive authority on administrative
appointments.
committee.
the faculty.
away as you please, basically?
It doesn't have to go to a
It doesn't have to be discussed with

You can give those out and take them
Sure.
And the directorship is one of those
10
administrative appointments?
11
Absolutely.
12
So there was no reason for it to go before this
13
14
289
committee?
A
There's no reason for it to go before the
15
committee, but the committee can discuss whatever
16
it wants to discuss.
17
And you testified actually that it was your desire
18
that Malkan be immediately removed and out of the
19
building.
20
find new employment.
21
He shouldn't even be given a year to
It was my proposal to that committee that we
22
should terminate Jeff Malkan as Director of the
23
program because the program had failed.
24
Did you realize that terminating him from the
[Mutua, Cross]
290
Director of the program would have zero impact on
his clinical faculty appointment?
Let me put it this way:
Jeff Malkan, I understood
Jeff Malkan's appointment as Director of the
program to be connected to his appointment as an
instructor in the program.
Did you know at that time that he taught other
classes completely outside of Research and
Writing?
10
Any faculty member can teach any course that the
11
Dean permits him to teach.
12
surprised if he was teaching other courses.
13
So I would not be
So your understanding that his appointment as
14
Director was -- I don't remember what words you
15
used -- how it related to his job as an instructor
16
in the program basically, what was that
17
understanding based on?
18
My understanding -- my understanding was that if
19
Jeff ceased to be a Director of the program, he
20
would also cease to be an instructor in the
21
program.
22
How does that impact his clinical appointment, or
23
how did you understand it to impact his clinical
24
appointment?
[Mutua, Cross]
2
3
As far as I was concerned, Jeff never had a

clinical appointment.
And is it your testimony that there was no vote

held on his promotion at that meeting?
Promotion for what?
From clinical associate to full professor.
My understanding is that we did not act on that
particular item.
There was no vote?
10
There was no vote on that particular issue.
11
On the promotion issue?
12
Yes.
13
So as far as you knew, after that meeting he
14
wasn't going to be promoted because nobody had
15
voted on it?
16
That's correct.
17
And it had to be voted on by the committee?
18
It had to be voted on by the committee.
19
And did the committee hold a different meeting
20
where they held that vote?
21
Repeat the question.
22
Did the committee hold a separate meeting,
23
24
reconvene to hold a vote on his promotion?

A
No, they did not.
291
[Mutua, Cross]
292
So when you became Dean and you said that's when
you first saw his appointment letter, is it your
testimony, is it your claim that Nils Olsen
promoted him without going to the committee and
getting a vote?
It is my understanding that the Dean acted ultra

vires.
LAW JUDGE:
THE WITNESS:
10
11
12
Can you spell that?

U-l-t-r-a v-i-r-e-s.
That he acted without a recommendation from the -from the committee.
I want to go back to something else you said about
13
hiring and firing.
14
renewals and nonrenewals and letting people go,
15
and you said that sometimes the decision comes
16
from you, but it then has to go to the Provost and
17
the President, sometimes it just stops at you, and
18
you gave, when we went through the examples of the
19
different categories, you said when it comes to
20
adjuncts, for instance, it comes from you?
21
Yes.
22
You, specifically?
23
24
We talked generally about
MS. HOMES VANCE:
Could we just take a
moment, please, before he answers that
[Mutua, Cross]
293
question?
LAW JUDGE:
Why?
MS. HOMES VANCE:
I just need to talk
to Jeffrey for a moment so I understand
where we're going.
LAW JUDGE:
Let's take a five minute
break.
MS. HOMES VANCE:
(A recess was taken).
10
LAW JUDGE:
Thank you.
I think we could all
11
benefit from having the last question read
12
back.
13
(The pending question was read back by
14
the stenographer).
15
16
We were talking about --
17
MS. HOMES VANCE:
18
LAW JUDGE:
19
20
I have an objection.
To the question, "You,
specifically"?
MS. HOMES VANCE:
I -- I think it
21
assumes a fact not in evidence.
I do not
22
recall any testimony yesterday of the Dean
23
speaking to adjunct professors' hiring,
24
firing, nonrenewal, renewal.
I don't
[Mutua, Cross]
294
remember any testimony about adjuncts.
could be wrong but --
LAW JUDGE:
4
5
I think as the phrase
adjunct, didn't we use the phrase lecturer?

MS. HOMES VANCE:
I think we're going
-- my objection would be outside the scope
of direct and really irrelevant in any
event, but I don't think I opened the door
on any adjunct testimony yesterday.
10
really not relevant to this case.
11
going down a whole different path.
12
LAW JUDGE:
It's
So we're
Let me ask this question:
13
Where are you going with this?
14
Where I'm going
15
with this is part of their case is that the
16
Dean acted autonomously.
17
of, you know, employee relations contact
18
with Marlene Cook and Jim Newton.
19
very insulated in his decision, and that's,
20
again, one of the benchmarks is what he knew
21
about what was going on sort of underneath
22
him with his people, if not with him
23
directly.
24
nonrenewal ultimately, which he says he made
He wasn't aware
He was
So this involved a decision of
[Mutua, Cross]
295
independent of any knowledge of our
activity, UUP's activity in the case.
Issues of hiring and firing including
adjuncts are an issue about, does he do this
autonomously or does he do this in
consultation with his Vice Deans, and that's
why this is relevant in terms of the
adjuncts.
LAW JUDGE:
So your point where you're
10
going is to determine the process for
11
deciding or making determinations on renewal
12
and nonrenewal, the internal workings, if
13
you will, with the Dean working with Vice
14
Deans, et cetera.
15
16
MS. HOMES VANCE:
Right.
Except that Professor
17
Malkan is not an adjunct, and there's been
18
no testimony about adjuncts.
It's a
19
completely new subject area.
Professor
20
Malkan is not an adjunct.
21
LAW JUDGE:
That's a good point.
22
What's the relevance of adjuncts?
The
23
process may -- I don't know if the process
24
is the same.
I don't know if we need to go
[Mutua, Cross]
1
2
down that path.
296
Why adjuncts?
Because he said
that he makes the final decision himself,
and we're talking about his credibility on
the stand, and I have evidence that he
doesn't make that final decision on the
adjuncts because he doesn't even send out
the letter to the adjuncts.
9
10
LAW JUDGE:
Did he say that he did?
He said that it
11
rests with him, that he's the one who makes
12
the final determination.
It doesn't go
13
anywhere other than him.
So I'm just trying
14
to get at what is that final determination
15
and who else is involved.
16
specific category of employees where he
17
clearly is not involved.
18
that he's -- the buck stops with him and he
19
is the one who makes the decision.
20
MS. HOMES VANCE:
And I know of a
Yet he testified
Again, your Honor,
21
there was no testimony about the adjuncts.
22
So they're assuming facts not in evidence
23
and also outside the scope of direct.
24
the testimony that Ms. Singer-Blumberg has
All
[Mutua, Cross]
297
now attributed to the Dean was on categories
of employees other than adjuncts.
an entirely new category -- this is an
entirely new line of questioning, and it's
not relevant.
LAW JUDGE:
This is
I don't recall a line about
adjuncts, but just because I don't recall
doesn't mean it didn't happen, but I'm also
not sure, I tend to agree with you.
If this
10
was not testified about yesterday on Direct,
11
then we're going into a different area that
12
I'm not sure is relevant.
13
about the process that is engaged in to
14
determine renewal or non-renewal or
15
promotion, and we've heard plenty of
16
testimony about that with respect to the
17
clinical and we've also heard it on
18
full-time tenured faculty, and there was
19
some discussion earlier today at least about
20
adjuncts, but I'm not sure that that
21
discussion was about -- I'm not sure it's
22
relevant, frankly.
23
24
If we're talking
Convince me otherwise, Ms.

Singer-Blumberg.
Why is the hiring process
[Mutua, Cross]
298
for the renewal process for adjuncts
relevant to what happened with Mr. Malkan?
Again, I think it
just goes to how the Dean presented his
authority and how he makes his decisions and
he spoke to adjuncts in that process.
I'm just trying to delve a little deeper
into it.
LAW JUDGE:
10
about adjuncts.
11
remember exactly what it was.
12
So
There was some discussion

I'll be honest, I don't
MS. HOMES VANCE:
That was, as you
13
said, today and that was on Ms.
14
Singer-Blumberg's questioning, which that's
15
why I asked for the break because then I
16
realized that there's no testimony about
17
adjuncts yesterday, and it's not relevant.
18
So the Dean has never made any
19
representations about his authority with
20
regard to hiring, firing, renewing, not
21
renewing, promoting, whatever, adjuncts.
22
There's been nothing about adjuncts.
23
is outside the scope of Direct, irrelevant
24
to the case generally.
This
Ms. Singer-Blumberg
[Mutua, Cross]
299
says she wants to try to impeach the Dean's
credibility, but the only way to do that is
if there's foundational testimony that now
he's, you know, is proven untrue, and since
there's no foundational testimony from the
Dean about adjuncts, that that really
doesn't fly.
8
9
10
So I would ask that you foreclose any

further testimony about adjuncts.
LAW JUDGE:
I'm going to let you ask
11
some questions here because there was some
12
testimony about the process of adjuncts.
13
I'll be honest, I don't remember exactly
14
what the scope was and when it happened,
15
even if it was yesterday or today.
16
17
18
MS. HOMES VANCE:

today.
LAW JUDGE:
19
morning.
20
sometimes.
21
That would have been
I believe it was this
The days tend to blend together
MS. HOMES VANCE:
That's why I'm saying
22
that this is -- just because there was a
23
question or two that slipped in earlier
24
doesn't mean that now the door is open
[Mutua, Cross]
300
because, again, the evidentiary standard
would be whether this is outside the scope
of Direct and whether it's -- and then also
whether it's relevant.
within Direct, it would have to be -- but
obviously we all know how to argue that.
it's within Direct, the scope of Direct, I
understand that that opens the door, but
foundationally it's outside the scope of
I understand if it's
If
10
Direct, which occurred yesterday; therefore,
11
the fact that there may have been a question
12
about adjuncts a few minutes ago doesn't
13
then open the door for further testimony on
14
adjuncts.
15
LAW JUDGE:
The other question is, he's
16
here.
She can call him and ask him as her
17
own witness.
18
she can ask him leading questions if that
19
were the case, but -- she would be able to
20
ask him leading questions unless she got a
21
hostile witness charge, which wouldn't be
22
terribly difficult.
23
arguing over semantics, and practicality
24
trumps that.
So to some degree, you know,
So to some degree we're
[Mutua, Cross]
301
Relevance, frankly, is a different
question, and that's where I'm more
concerned about.
this path and where is it going to lead, and
that's what I'm trying to get Ms.
Singer-Blumberg to explain to me what the
relevance of the process may be with respect
to adjuncts and how that has anything to do
with Mr. Malkan.
Where are we going down
10
Explain that to me.
11
It's one
12
component of how he makes a decision.
13
did testify this morning about how he
14
handles hiring and firing of adjuncts and
15
never referenced his Vice Dean in the
16
process at all.
17
the other levels and categories.
18
talked about a bunch of different categories
19
in law school.
20
apart what he truly does autonomously or
21
not, and this is one example of it, which
22
he's already attested to this morning in one
23
way that may or may not be accurate.
24
LAW JUDGE:
He
He has also talked about

We've
So I'm just trying to pick
I don't think there's any
[Mutua, Cross]
302
question about the involvement of the Vice
Dean if he was the authority of him to make
decisions.
testified about that earlier that you can
impeach that about the Vice Dean.
I'm not sure that because he
He never
testified that he involved the Vice Dean in
that decision.
LAW JUDGE:
But that wasn't the
10
question.
11
was about his authority.
12
the authority is the ultimate decision or
13
the ultimate decider.
14
was included or not, I don't -- that's a
15
different area.
16
there.
17
this, I'm not so sure it's relevant.
18
That doesn't --
Whether the Vice Dean
I'm not sure we've gone
If this is where you want to go with
19
I can move on.
It's not critical.
20
LAW JUDGE:
21
22
My recollection is the question
Okay, let's move on.
Q
Dean, let's talk about the retreat that you
23
chaired in the summer of '07.
There were
24
subcommittees created to review a bunch of these
[Mutua, Cross]
303
different areas that were worked on at the
retreat; right?
4
5
There were no subcommittees.
There were
breakout groups within the retreat itself.

Q
6
7
No.
Okay.
And the breakout groups were specific to
work on a specific topic?

A
Like teaching, scholarship, infrastructure and

governance.
There were four breakout groups.
And so what group worked on Research and Writing?
10
That was a group that dealt with teaching.
11
And do you remember who was on that group?
12
No, I cannot.
13
Would Jeff Malkan have been on that group?
14
No.
Because we drew people who are assigned to
15
the groups by random selection by picking, you
16
know, by drawing from a bunch of cards.
17
random selection.
18
19
So it's
So are you saying that he was not in the group on

Research and Writing?
20
I don't know what group he was on.
21
Okay.
Did the groups, these groups that were
22
broken down, did they generate any proposals or
23
documents that became part of the strategic plan?
24
They -- the -- the particular breakout groups were
[Mutua, Cross]
304
required to report to the plenary session of the
retreat what their proposals would be for that
particular subject area.
5
6
document that's already in the record as -A
7
8
And then that was captioned in this ultimate
A version of it was captured in that document,

yes.
And with respect to the Research and Writing

component of the strategic plan --
10
Uh-huh.
11
-- I'm looking at page 6 of what's in the record
12
as Respondent's Exhibit 5.
13
"Strategies:
14
principles and aspirations concerning Teaching,
15
the faculty adopts the following strategies and
16
requests the designated committees to submit
17
plans" [prospectively] "for faculty discussion and
18
proposed policies for faculty approval."
19
where the committee --that's where the strategic
20
plan left off; right?
21
Sure.
22
Okay.
Teaching.
It's captioned,
To implement the
That's
And with respect to Research and Writing,
23
they put a proposal of what they wanted plans to
24
be reviewed at going forward which was, as you
[Mutua, Cross]
305
said, captured in this strategic document?
Correct.
Okay.
And with respect to the Research and
Writing program, the request is -- and I'm reading
from 2, small i -- three small i's.
MS. HOMES VANCE:
I would just ask that
the witness be given a copy of Respondent's
5.
LAW JUDGE:
We are on page 6; correct?
10
11
LAW JUDGE:
Yes.
About three-fifths of the
12
way down the page, (iii) starts with,
13
"Review the Law School's Approach."
14
15
Q
Yes.
So with respect to, "Review the Law School's
16
approach," the proposal going forward was that, "A
17
new Committee on Research and Writing, or a
18
subcommittee of the APPC should be formed to
19
conduct this review and make recommendations for
20
enhancing and securing the future of the Program";
21
right?
22
Yes.
23
So there was no conclusion coming out of the
24
strategic plan on terminating the program and
[Mutua, Cross]
1
2
taking it in a whole new direction?

A
3
4
What you have to understand is that these are

strategies.
5
6
306
Right.
And that's what came out of the strategic
planning meeting.
A
Yes.
They are strategies.
They are broad
visions.
They are not -- this is not a blueprint
of what should, you know, of what, you know, had
to be done.
It's -- it's a kind of a vision of
10
what we should do, you know, going forward.
11
not a blueprint which the faculty was required or
12
I was required as Dean to implement as a
13
checklist.
14
It is
But you said that when you became Dean you created
15
the subcommittee that was recommended in the
16
strategic plan?
17
Yes, I did.
18
And Jeff Malkan was part of that subcommittee;
19
right?
20
He was, yes.
21
Who else was part of that subcommittee?
22
I cannot recall, but I was, you know, the Chair of
23
overall APPC, but I was not sitting on this
24
particular committee in that subcommittee because
[Mutua, Cross]
307
as the Dean and as the chair of the overall APPC
committee, I don't sit on the subcommittees.
I think that, you know, the committee probably had
three or four members drawn from the APPC.
But
You also said that if you as Dean -- I'm done with
that document for now -- if you as Dean wanted to
introduce a new course or change the structure of
the first year curriculum, it would have to go to
the APPC as the starting point?
10
I did not say that it would have to go to the
11
APPC.
12
APPC for discussion.
13
I said it's preferable that it goes to the
So when you decided to, as you said, terminate the
14
Research and Writing program, did that go to the
15
APPC before that decision was made?
16
Yes.
I discussed this matter with the APPC, and
17
the APPC, in fact, agreed that we should put
18
forward to the faculty a proposal to establish the
19
Legal Skills Program.
20
When was that?
21
Oh, I cannot recall.
22
23
24
I think sometime in 2008.
can't recall the exact month or date.

Q
So what happened after the APPC committee -- was

that the committee of the whole that you met with
[Mutua, Cross]
308
or a subcommittee?
The committee of the whole.
You discussed going forward with the Legal Skills
Program?
Yes.
And you appointed someone actually to oversee that
process?
Yes.
Who was George Kannar originally?
10
That's correct.
11
Okay.
12
Sorry, your
13
Honor.
14
know is an exhibit that the Dean sent to the
15
faculty advising them of Professor Kannar's
16
appointment.
17
Oh, it's Charging Party 6.
18
19
20
21
22
23
24
I'm looking for the e-mail which I
I think it was in June of '08.
LAW JUDGE:
It's the June 19th, '08
e-mail?
Yes.
I have a
copy I can show the witness.

LAW JUDGE:
For the record, the witness
has a copy of Charging Party No. 6.

Go ahead.
[Mutua, Cross]
309
So you just said that you met with the APPC and
they agreed that it made sense to look into this
and the outcome was that you would appoint George
Kannar to oversee this effort?
Yes.
And then you wrote this e-mail and sent it to the
faculty?
I believe that's correct.
Okay.
And he was going to prepare a proposal
10
which would then have to be voted upon before it
11
was implemented?
12
I would not say that a proposal that would have to
13
be voted on before it was implemented.
14
a fiat.
15
faculties work and how the Dean relates to the
16
faculty.
17
It involves massaging faculty and bringing the
18
faculty along so that there's buy-in.
19
this, it's very political.
20
and correct for me to read this language as -- as
21
-- as an instruction.
22
It is not
What you have to understand is how
It's a process that is very political.
So a lot of
It is -- and to submit
So at least you were letting the faculty believe
23
that they were going to be involved in the process
24
and decision-making?
[Mutua, Cross]
310
That is the process of dean-ing.
And you were a new dean, so you wanted buy-in from
3
4
the faculty?
A
Even old deans, you know, ask to get buy-in from

the faculty, too.
Hopefully?
Yes.
Now, you said that one of your first orders of
business when you became interim Dean was to start
10
the process to recreate the Research and Writing
11
Program?
12
That's correct.
13
And that you would lead the faculty in putting
14
that into place?
15
Correct.
16
And this was part of that process?
17
Correct.
18
So until the proposals made by Kannar and the
19
faculty hears about it and acts on it, which I
20
think they did in April of 2009, nothing is under
21
way in terms of you need that to happen before
22
you're going to trigger the actual change; right?
23
24
Well, that is not correct.
As I said, you have to
understand how faculties operate and how
[Mutua, Cross]
311
curriculums are created and recreated.
a good dean would have a vision for where the Law
School ought to go and would begin a process of
implementing that vision by sensitizing the
faculty about the need for change, creating
momentum for the change and then aligning faculty
to that change.
incorrect to read, you know, these documents as --
-- as -- as -- as -- as capturing anything more
10
11
So that it is not -- it's -- it's
than a political process within the faculty.

Q
12
13
In my view
But the political process was the actual process

in play?
The political process was the actual process in
14
play so that these e-mails are not really
15
indicative of the actual process in play, if you
16
know what I mean.
17
No, I don't know what you mean.
The e-mails say
18
that you're going to appoint Kannar.
19
to come up with the proposal.
20
present it to the faculty for discussion and a
21
vote, and that's, in fact, what happened; right?
22
He's going
He's going to
Yeah, but you have to understand that a priori
23
these are decisions that are made in my own mind,
24
and I'm simply leading the faculty along to buy
[Mutua, Cross]
312
into the -- into the particular approach that I
have adopted.
these e-mails as indicating anything else other
than simply a transparent way of communicating
what I am thinking so that the faculty can
participate in that process of recreating the
program.
Right.
You know, so that you do not read
You had a goal, and now this was going to
hopefully help that goal happen, but as you said
10
you need buy-in by the faculty.
11
proposal had been different, you would have had to
12
deal with it with the faculty?
13
So if the faculty
It is not mandatory that I consult the faculty to
14
replace a program of this nature.
15
not.
It really is
16
But you made a decision --
17
It is --
18
-- politically --
19
It is preferable to do it, to involve the faculty
20
because you want faculty buy-in into the program,
21
yes.
22
Okay.
Now, at what point as interim Dean did you
23
get a copy of Jeff Malkan's appointment data?
How
24
soon after you became Interim Dean did you see a
[Mutua, Cross]
313
copy of Jeff Malkan's appointment letter from the
Dean and the documentation from the President?
As soon as I became Dean, I began a review of the
Research and Writing Program, and I, as Dean, have
access to all the files.
saw Jeff Malkan's file.
And in that exercise I
So you knew he had a clinical appointment besides
his appointment as Director of Research and
Writing Program?
10
11
12
I noticed that he was listed as a clinical

professor.
And you said one of your first orders of business
13
was going to be to remove him as Director of the
14
Research and Writing Program?
15
Exactly.
16
But you knew that that wouldn't impact his
17
18
appointment as clinical faculty?

A
No, I did not.
In fact, I thought that Jeff
19
Malkan had been brought to the Law School
20
specifically to teach in the Legal Research and
21
Writing Program.
22
Did you --
23
So my view -- my view was that if you terminated
24
his appointment as Director that you could
[Mutua, Cross]
subsequently terminate his appointment as an
instructor in the program.
4
5
So you didn't read the letter that Nils Olsen had

given to Professor Malkan?
6
7
As I've said before, I think that the Dean acted

beyond his authority in issuing that letter.
So you didn't think you were bound by the terms of

that letter?
No, I did not.
10
And did you ever check with Employee Relations
11
about that?
12
Did I ever chat with Employee Relations?
13
Check.
14
Oh, check.
No, the letter itself, I mean, speaks
15
for itself.
16
legal craftsmanship.
17
18
19
314
It was -- it's an outrageous piece of
So you didn't feel like you needed to consult with

anyone --
No, no, no, I did not.
I'm trained as a lawyer,
20
and any lawyer worth his salt can determine on the
21
first pass that the letter is, you know, just an
22
outrageous piece of legal writing.
23
24
But yet you referred to some of it specifically in

your non-renewal letter to Jeff?
[Mutua, Cross]
2
3
Well, why did you refer to any part of it if you

thought the whole thing was basically worthless?
6
7
I don't understand what that has to do with

anything.
4
5
315
You can refer to a letter to make a case that it

is worthless.
So you didn't feel duty-bound by any of the terms

of that letter?
No, I did not.
10
Can we show --
11
LAW JUDGE:
12
13
What are you looking for?

The nonrenewal
letter, which is Joint Exhibit 7.
14
LAW JUDGE:
15
16
August 28, '08 letter?

Yes.
I have
extra copies.
17
LAW JUDGE:
For the record, the witness
18
has been handed a copy of Joint Exhibit
19
No. 7.
20
THE WITNESS:
Yes.
21
Paragraph 3 of this letter that you sent --
22
Yes.
23
-- specifically refers to the appointment letter
24
that we were just talking about; right?
[Mutua, Cross]
Yes.
And the reasons which you could non-renew
316
Professor Malkan?
Yes.
Some of the reasons.
Right.
One of the reasons in here that's not an
acceptable reason that you quote from the letter
is that the termination of the Research and
Writing Program in its replacement -- I'm sorry.
Strike that.
10
The reason, you state in the letter, is that
11
there's good cause including termination or
12
material modification of the entire clinical
13
program?
14
Correct.
15
And so you believe that in August of 2008, just
16
shortly after George Kannar was appointed to study
17
and make recommendations and proposals on what, if
18
anything, to do with the Research and Writing
19
Program, that the program had been already
20
terminated or materially modified?
21
In -- in my own planning and process of planning,
22
you know, taking the Law School forward, I had
23
terminated the program.
24
In your mind?
[Mutua, Cross]
317
In my mind, yes.
You didn't respect Professor Malkan very much as a
professor; right?
I'm done with that exhibit.
You didn't respect him as a professor?
I don't understand the question.
You've spoken in very derogatory terms about
Professor Malkan's abilities in the Law School,
and if it was up to you, you would have shown him
the door back in 2006?
10
11
I have described Professor Malkan's abilities as a

professor correctly and accurately.
12
MS. HOMES VANCE:
13
THE WITNESS:
14
MS. HOMES VANCE:
15
I'm sorry, correctly?
Correctly and accurately.

Correctly and
accurately.
16
You guys shared a secretary; right?
17
You mean me and Mr. Malkan?
18
Yes.
19
(No response).
20
It's a simple question.
21
Well, I think, you know, sure, we did.
22
Okay.
23
Rarely.
24
Rarely?
And you'd see each other in the halls?

Very rarely.
[Mutua, Cross]
318
Yes.
Did you ever ask Professor Malkan to help you with
any information when you were a professor before
you became Dean?
MS. HOMES VANCE:
to "any information."
Objection.
I don't.
Would you go to him as a resource ever for
anything when you were a professor?
just a co-colleague of his?
10
MS. HOMES VANCE:
11
When you were
Objection.
Relevance.
12
LAW JUDGE:
13
You can answer that.
14
Vague as
Overruled.
Professor Malkan did not work in an area that in
15
which there was congruence between what I worked
16
on as -- as a -- as an academic and what he worked
17
on.
18
him to seek his help with any particular project I
19
was pursuing, but I do believe that I did raise
20
with him once or twice the status of the Research
21
and Writing Program, when I was a professor.
22
23
24
So there really was no reason for me to go to
In fact, you asked him to prepare a memo for

you --
Yes, I did.
[Mutua, Cross]
319
-- about Research and Writing?
I did.
And he did that?
Yes, he did.
LAW JUDGE:
Do you want this marked?
we're back to 17; right?
you do the numbering.
LAW JUDGE:
10
No. 18.
11
was marked.
12
No.
Please.
I guess
I don't know how
This is Charging Party
Even though 17 was not entered, it
For the record, I am marking for
13
identification purposes only at this point a
14
one-page document titled Memorandum to
15
Makau from Jeffrey with a date of September
16
9, 2005, in a reference of R&W Staffing
17
Model.
18
at this point as Charging Party Exhibit
19
No. 18.
20
21
22
Again, it's being marked for ID only

MS. HOMES VANCE:
23
just to review this?
24
LAW JUDGE:
Sure.
Can we have a moment
[Mutua, Cross]
320
MS. HOMES VANCE:
LAW JUDGE:
Does the witness have a copy?
THE WITNESS:
Thank you.
That's reasonable.
No.
(Proffers copy to
witness).
LAW JUDGE:
Ms. Vance, are you ready?
MS. HOMES VANCE:
10
Thank you.
I'm
ready.
11
LAW JUDGE:
12
Ms. Singer-Blumberg,
questions?
13
14
15
The witness now has a copy.
Thank you.
Q
16
Back in 2005 you asked for information from your

colleague about the Research and Writing Program?
17
Yes.
18
And to what end?
19
I -- you know, I was very concerned about the
20
status of the program, and, you know, the deficits
21
of the program, and so I wanted to educate myself
22
more about the various staffing models of the
23
program, and I asked Jeff to provide me with a --
24
a summary of the various models used by various
[Mutua, Cross]
321
schools to staff their research and writing
programs.
And he complied with your request even though
technically he wasn't bound to do that for you?
You were equals; right?
No.
You were not both --
We were not equals.
We were not equals.
This is, again, you are
coming back to the same problem.
Jeff Malkan, you
10
know, was a research and writing instructor.
11
was a professor of law.
12
13
14
So that gave you some kind of right to ask him to

prepare something for you?
No.
What you have to understand is that, you
15
know, in -- in 2005 Jeff Malkan was not -- could
16
not participate in faculty governance in the Law
17
School.
He could not attend faculty meetings.
18
Right.
19
And so, therefore, you know, if we wanted to get
20
information from him about what the program was
21
doing or how the program was structured, we had to
22
go to him as individual faculty members, and I was
23
concerned about the program and so I went to him
24
and asked him because I knew there was no
[Mutua, Cross]
322
opportunity to ask this information of him at a
faculty meeting.
I move to enter
it into the record.
LAW JUDGE:
Any objection?
MS. HOMES VANCE:
LAW JUDGE:
No objection.
Without objection what's
previously been marked for identification as
Charging Party 18 is being marked as having
10
been entered.
11
received in evidence).
12
13
14
Q
Thank you.
Now, in 2006 you testified that's when there was
15
this meeting to talk about removing him as
16
Director, and you wanted him shown the door
17
immediately.
18
the Law School was pretty clear based on your
19
direct testimony.
20
at home on a Saturday to ask him for help.
21
remember that?
22
So your view of his overall value to
Yet after that you called him

Do you
No, I do not.
23
LAW JUDGE:
Do you want this marked?
24
Please.
[Mutua, Cross]
LAW JUDGE:
323
I am marking for
identification at this point as Charging
Party No. 19 a one page document.
appears to be a series of a couple of
e-mails, the date of March 3rd, 2007, to and
from Professor Mutua and Mr. Malkan, with
the Subject, "Defamation Question."

It
9
10
LAW JUDGE:
11
THE WITNESS:
Go ahead.
Yes.
12
You have a copy of the document?
13
Yes.
14
And looking at it, is that an e-mail exchange
15
between you and Professor Malkan?
16
Yes.
17
And was the e-mail that Malkan sent you in
18
response to a request you made to him?
19
Yes.
20
So you called him on a Saturday -- or contacted
21
22
23
24
him on a Saturday for this?

A
Apparently.
MS. HOMES VANCE:
I'm sorry, what was
the -- the question was compound.
First we
[Mutua, Cross]
324
have that there was a call or a contact and
then we have an e-mail.
unclear what it was there.
4
5
Q
6
7
I think it's
I'll rephrase.
Do you remember whether you called him to ask him

this question?
I don't recall really, but obviously I did --
whether I called him or whether I e-mailed him, I
don't recall.
10
But you --
11
But obviously I had some contact with him,
12
obviously.
13
And he graciously provided you with the answer?
14
Yes, he did.
15
16
I'd move to enter
this in the record.
17
LAW JUDGE:
Any objection?
18
MS. HOMES VANCE:
19
LAW JUDGE:
No objection.
Without objection what has
20
been previously marked as Charging 19 is
21
being marked as having been entered.
22

received in evidence).
23
24
LAW JUDGE:
You may proceed.
[Mutua, Cross]
325
Let's talk about the instructors in the Research
and Writing Program.
point that they had capped contracts?
Do you know, you said at one
They had annual contracts, not capped, but annual

contracts.
That could be renewed every year?
Every year.
Do you know how long they were actually employed
from year to year?
10
11
How many years they were
employed, those instructors?

A
12
You would have to talk about specifics, and I

don't know those specifics.
13
You don't know those specifics?
14
No.
Some of them appear to have been there for
15
more than a year, you know.
16
within a year.
17
18
Others came and went
Some of them were there more than three years?

you know?
19
Possibly.
20
And you said that they made $40,000 a year, I
21
22
believe?
A
23
24
Well, I said roughly.
$30- to 40,000 a year
roughly.
Q
You said that they came to you threatening to
Do
[Mutua, Cross]
326
resign en masse if you didn't do something?
Yes.
And that was in February, I believe, of 2008?
That is correct.
And then you decided to send them an evaluation?
You entered into the record a copy of one of those
letters?
Yes, I did.
What about the list of questions you gave them to
10
respond to about Malkan's specific performance?
11
MS. HOMES VANCE:
12
Objection.
Assumes
facts not in evidence.
13
LAW JUDGE:
14
Hold on.
Is there a
question?
15
I did not give them a list of questions.
16
You did not?
17
No.
18
Everything you gave them was what you put in the
19
record?
20
That's right.
21
Okay.
22
And then when did you terminate them?
did you send out their non-renewal notices?
23
Whenever the letter says I did.
24
We don't have a copy of those.
When
[Mutua, Cross]
MS. HOMES VANCE:
327
We have a copy of the
non-renewal letters to Jeffrey Malkan, and I
think the Dean's testimony yesterday was
that he non-renewed the instructors at the
same time that he non-renewed Jeffery
Malkan.
8
9
No.
Q
10
That's what I'm asking specifically is when

exactly did you non-renew the instructors?
11
Probably around the same time.
12
Do you have a copy of any of those non-renewal
13
letters?
14
Not with me right now.
15
So you waited until August of '08 to non-renew
16
them?
17
What do you mean I waited until August of 2008?
18
When are the instructors' obligations done in the
19
20
Law School?
A
The -- what's important is when the window within
21
which I'm permitted to non-renew employees.
22
not that I waited until 2008.
23
within the window that -- that is legally
24
permitted for me to act to non-renew them.
It is
It is did I act
[Mutua, Cross]
According to the policies of the Board of

Trustees?
That's correct.
Okay.
I believe that by the terms of the contract, I
So what is that window?
believe I have until sometime in August to issue
letters of non-renewal.
And so you believe that you non-renewed them at

the same time that you non-renewed Professor
10
11
Malkan?
A
12
I'm not quite sure, but I think around the same

time.
13
But they had ten month appointments?
14
Sure.
15
So did you give them a year's notice?
16
That -- that -- I gave the notice that was
17
18
required by law.
Q
Did you consult with anyone in Employee Relations
19
about what the timing was for the non-renewal of
20
the instructor?
21
22
23
24
328
I cannot recall, but I probably talked to my Vice

Deans about it.
You said that after -- sometime in February or

March of 2008 the instructors came to you and said
[Mutua, Cross]
1
2
329
that Jeff was threatening them and -A
No.
The instructors, you know, came to me and to
a number of other faculty members to report that
they were being harassed by Jeff Malkan.
6
7
Did you call Employee Relations and ask them how

you should handle that?
I don't recall.
Probably not.
But I did -- I did
contemplate contacting the university police to
report Jeff's behavior.
10
In your mind, but did you --
11
In my mind.
12
-- actually make a phone call?
13
No, I did not.
14
For purposes of clarification again on something
15
you testified to yesterday -- I'm looking for
16
Joint Exhibit 2.
17
LAW JUDGE:
18
March 2008?
19
20
A series of e-mails from
Q
Right.
You were asked yesterday about Jeff Malkan's
21
e-mail to you where he says, "I do not resign from
22
my position," and you said --
23
24
MS. HOMES VANCE:

given a copy?
Can the witness be
Do you need an extra, your
[Mutua, Cross]
Honor?
330
Because I have extras.
LAW JUDGE:
For the record, the witness has a copy
Thank you.
of Joint 2.
5
6
That's fine.
Q
Turning your attention to the last page, which is

what you talked about yesterday in Direct.
Yes.
And you were asked about or you commented about
10
the fact that Jeff sent you an e-mail that said,
11
"I do not resign from my position," and you stated
12
that you didn't know what to make of his refusal
13
to resign since you had the power to remove him.
14
Correct.
15
But you had actually offered him a resignation in
16
the e-mail you sent him.
So it was a response to
17
your offer, the resignation, his refusal to
18
resign.
19
him an e-mail, the bottom of the page before,
20
where you specifically say, "I make this request
21
to you.
22
tomorrow."
If you look at the page before, you sent
I request your resignation effective noon
23
That is how Deans write and talk.
24
So you actually made -- his e-mail was a response
[Mutua, Cross]
331
to your e-mail; right?
But it was not a request.
Okay.
It was a demand.
And then you said that you sent the e-mail, which
is Joint 3.
LAW JUDGE:
For the record, I'm handing
the witness a copy of Joint 3, the March
13th, 2008 e-mail.
10
To the faculty.
11
Uh-huh.
12
I believe it also went out during spring break,
13
and your explanation of why this went was that,
14
"The program had been under discussion by the
15
faculty.
16
was moving forward on the strategic plan."
17
talked about the strategic plan a little while
18
ago.
It was important the faculty knew that I

We
19
Yes.
20
And the strategic plan that the faculty adopted
21
had nothing in it regarding anything other than
22
you to review and hear proposals on
23
recommendations for possible changes.
24
As I have mentioned to you, it is incorrect to
[Mutua, Cross]
332
read that particular plan strictly.
It is a
vision for what was supposed to happen.
road map for what the new Dean would do once they
came into office.
It's a
It was not an instruction.
But the faculty actually --
But the discussions --
-- voted --
-- the discussions at the retreat were very clear
9
10
on what we should do with that program.

Q
Okay.
My question is:
The strategic plan was
11
presented to the faculty, and the faculty voted on
12
it; correct?
13
MS. HOMES VANCE:
14
15
That document.
It's unclear as to
what document.
A
So the strategic plan, if you -- if you -- if you
16
look at that particular plan, you will note it's
17
title.
It's called "Going Forward."
18
Yes.
19
"Principles," you know, blah, blah.
20
So it's the
typical broad document --
21
Right.
22
-- that captures a vision.
23
I understand.
24
-- you know, an instruction, yes.
It is not --
[Mutua, Cross]
Yes.
For point of clarification, so we're all
clear, the document R-5, Respondent's 5, "Going
Forward," which is, you have referred to as the
strategic plan coming out of the retreat, was
voted on by the faculty.
Yes.
Okay.
333
This document, not what you were thinking
this document meant, this actual document was
voted on by the faculty?
10
That's correct.
11
Now, after you removed Professor Malkan as the
12
Director, you talked about a meeting where things
13
got heated, where Professor Malkan was in
14
attendance and things got heated?
15
I did not refer to things being heated.
16
Okay.
You referred to it in a much, much more
17
egregious way.
I just want to make sure we're
18
talking about that meeting because I don't have a
19
date in my notes -- oh, I'm sorry -- 3/25/08,
20
meeting of the APPC.
21
Yes.
22
That's the meeting I want to draw your attention
23
24
briefly.
A
That's correct.
[Mutua, Cross]
334
The agenda put together -- strike that.
It's my
understanding, and I'm asking you to tell me if
I'm right or wrong --
Uh-huh.
-- that faculty can send requests to you for items
6
7
to be added to the agenda for an APPC meeting?

A
8
9
Faculty can send requests.
I can either accept
those requests or decline them.

Q
10
And Jeff sent you a request to put his removal as

Director on that agenda for that meeting?
11
I don't recall.
12
Do you recall if you put it on the agenda?
13
It was not on the agenda.
14
Do you recall how many faculty were at that
15
meeting?
16
Oh, it was a pretty full meeting.
17
Do you know if during the years before you became
18
Dean, you said there was quite a bit of turnover
19
among the instructors in the Research and Writing
20
Program.
21
those positions, if they were posted?
22
No.
Do you remember seeing the postings for
My understanding was that, you know, the
23
Director of the program did the hiring for the
24
instructors.
[Mutua, Cross]
335
Right.
I was not privy to any postings.
So the Law School doesn't -- the members of the
Law School don't get to see the postings?
No.
But you could have gone to look for them if you
7
8
wanted to?
A
lives other than following the website of the Law
10
11
Faculty members have other things to do with their
School.
Q
But you were very concerned about what was going
12
on with the Research and Writing Program all those
13
years?
14
Of course I was.
15
So how did you know how much the instructors were
16
making?
17
They would talk about it openly.
18
And you said that the faculty that -- I'm sorry --
19
the lecturers that have since been hired had their
20
salaries doubled, thanks to you?
21
22
Increased substantially or close to doubling.
think we are paying them at least $60,000 now.
23
Right.
You posted for 60.
It used to be 40.
24
I would -- it did not used to be 40.
It was below
[Mutua, Cross]
1
2
336
40 I would say.
Q
Didn't the position also get increased from a 10

month to a 12 month assignment?
As required by contract.
What contract?
UUP.
UUP doesn't require it to be a ten or a twelve
8
9
month position.
A
10
11
No, no.
What are you referring to?
I'm talking about the increments.
What
are you talking about?

Q
I'm talking about the fact that that position that
12
was raised in salary also was increased in length.
13
So the assignment went from a ten month assignment
14
to a twelve month assignment.
15
16
The duration of the contract is twelve months, but

actually the work --
17
Is what?
18
Twelve months, I believe.
19
Twelve months?
20
Yes.
21
And --
22
You know, but -- but the work that the instructors
23
24
do really lasts only about eight months.

Q
But they used to be ten month positions?
[Mutua, Cross]
That particular change is meaningless to me
because the instructors don't work over the
summer.
337
Now, you wrote Professor Malkan's non-renewal

letter; right?
Yes.
And you wanted to wipe the slate clean of him and
the instructors in his program as part of your
overall visions for where the program was going to
10
go; right?
11
I think I've made that very clear.
12
Okay.
13
14
Yet you offered to allow him to apply for a
position?
A
We were doing an open search, and I believe that
15
an open search, it is fair to allow everyone who
16
wants to apply for a position to apply.
17
18
19
He could have applied
anyway.
A
20
21
But why encourage him?
I did not encourage him.
I simply said he was
welcome like everyone else to apply.

Q
22
And you said you conducted a national search and

you hired five new instructors?
23
Correct.
24
Are you familiar with who the instructors are in
[Mutua, Cross]
1
2
338
the program?
A
Well, first of all, I should say that I did not

conduct the search myself.
Right.
Yes.
There was I think you actually said there was a
7
8
veil between you and the people who were -A
9
10
I have met with them, and I have had lunch with

them.
15
16
But are you now familiar with the people who were
hired?
13
14
There was a complete veil between me and the

committee that was doing the work.
11
12
You said that yesterday.
And do you know how many of them were affiliated

with the Law School before?
I believe that one of the new instructors, Johanna
17
Oreskovic, had been with the school before.
18
believe that Laura Riley was also an instructor in
19
the program before.
20
21
Wasn't Christine Bartholomew also involved with

the Law School before?
22
Not in the Research and Writing Program.
23
But she was in the Law School?
24
She was in the Law School teaching other courses.
[Mutua, Cross]
339
What about Nan Haynes?
She is one of the two instructors holdovers from
the old program who were hired, Nan Haynes, N-a-n,
Haynes, H-a-y-n-e-s.
Reilly.
7
8
So two were rehired, and two came out of the Law

School?
9
10
The second one was Laura
I would not characterize them as coming out of the

Law School.
They were already employed in the Law School
11
before they were hired as instructors, in some
12
capacity?
13
14
15
Johanna Oreskovic was not in the Law School.

had left the Law School and came back.
Okay.
So your national search of -- I think you
16
said you hired six or seven.
17
seven people for this new program?
Seven?
You hired
18
You have the list in front of you.
19
Your national search for the seven yielded two
20
21
non-Buffalo people; right?

A
22
23
24
She
You have the list in front of you, together with

where they came from.
I don't have a list of where they came from if

they didn't come from -- I don't have -- it's your
[Mutua, Cross]
340
exhibit of Respondent's 6 where they came from.
just have a list of who was hired, who was not
offered an interview, why they were not offered an
interview, et cetera.
MS. HOMES VANCE:
We have Joint 9, your
Honor, in evidence that shows the list of
the new Research and Writing Program.
LAW JUDGE:
And I think it has a brief
resum or biography, whatever you want to
10
refer to it.
11
MS. HOMES VANCE:
12
LAW JUDGE:
Right.
That may explain.
13
know if that gets your point across.
14
want to continue.
15
16
17
I don't
If you
Okay, that's
fine.
Q
You also said that these were now long-term
18
contracts, with security.
19
did they come with?
20
What kind of security
The new appointments are issued for a period of
21
two years with a presumptive -- with a presumption
22
for -- for renewal for three years thereafter.
23
24
What's the presumption?

work?
How does that process
[Mutua, Cross]
341
The presumption works in this way:
The -- the --
the Vice Dean for Legal Skills would --
Who is that?
Professor Charles Ewing, E-w-i-n-g, would make a
recommendation to the Dean for a renewal of those
contracts.
MS. HOMES VANCE:
For the what of those
contracts?
THE WITNESS:
10
Renewal.
MS. HOMES VANCE:
11
Thank you.
12
So those renewals would not go to a committee?
13
I -- I am not quite sure now exactly how that
14
works, but I know that eventually they come to me
15
for renewal.
16
Didn't Jeff's appointment in 2006, his letter from
17
Nils Olsen, also said that it was a presumptive
18
renewal?
19
I -- I have no idea what you're talking about.
20
have to look at the letter.
21
MS. HOMES VANCE:
22
The document speaks
for itself.
23
LAW JUDGE:
24
Move along.
Fair enough.
[Mutua, Cross]
2
3
So when these instructors were appointed, did the

letters come from you or from the President?
The letters came from me initially, but I believe
eventually they got letters from the new
President.
342
Was your letter detailed, or was it just an

appointment, just a regular appointment letter?
It's a straight appointment letter.
Again, for point of clarification, one of your --
10
on something you testified to yesterday, I'm
11
showing you what's in the record as Charging Party
12
7.
13
Uh-huh.
14
In your testimony you summarized what this
15
document said, and I believe the document speaks
16
for itself, but I want to make sure that the
17
record is clear, this was -- putting aside your
18
interpretation of the document which you testified
19
to, this was the actual document, the actual
20
resolution that was proposed and voted on;
21
correct?
22
That's correct.
23
So whatever it says in here is what the faculty
24
voted on?
There is no additional documentation
[Mutua, Cross]
343
out there that's not part of this exhibit?
Your guess is as good as mine.
Well, this is the resolution that was proposed and
passed.
Yes.
Okay.
Yes.
Is it complete?
And it was passed in April of 2009; right?
couple of minutes?
10
have to make sure.
11
LAW JUDGE:
12
Can I have a
I think I'm done, but I
Let's all take about a five
minute break.
13
We'll go off the record.
14
15
LAW JUDGE:
16
I understand we have at least one more
17
question.
18
19
One more
question.
20
21
We are back on the record.
Q
Are you aware that the instructors in the Research
22
and Writing Program while Jeff was Director had a
23
courtesy or an in-house title of Assistant
24
Professor of Legal Skills?
[Mutua, Cross]
Yes.
344
I'm aware of that.
LAW JUDGE:
MS. HOMES VANCE:
LAW JUDGE:
you're excused.
Nothing further.
Ms. Vance, redirect?
Okay.
No redirect.
With that, then,
THE WITNESS:
LAW JUDGE:
(The witness was excused).
10
LAW JUDGE:
Thank you.
Thank you.
Practical question here.
11
For the record I will note it is one
12
o'clock.
13
like to take a break.
14
I'm sure we're all hungry.
I understand we have two more witnesses
15
today, Ms. Vance; correct?
16
MS. HOMES VANCE:
17
LAW JUDGE:
Correct, your Honor.
Do you expect them to be
18
significantly shorter than the Dean's
19
testimony?
20
21
22
I'd
MS. HOMES VANCE:
I expect them to be,
yes, brief.
LAW JUDGE:
I'd like to get this done
23
today, at least those two witnesses, and we
24
have another issue we discussed earlier we
345
1
2
can broach at that point.

Let's try and get back here and back on
the record within about 45 minutes or so.
That should give you plenty of time to eat.
With that we're off the record.
(A luncheon recess was taken).
LAW JUDGE:
After a lunch break and a short
We're back on the record.
discussion about a related matter, not
10
related to lunch, related to this case we
11
are back and the Respondent is going to call
12
its next witness.
13
Ms. Vance.
14
MS. HOMES VANCE:
15
16
We call Jeffrey Reed.
WHEREUPON,
JEFFREY REED
17
was called by and on behalf of the
18
Respondent, and, being first duly sworn, was
19
examined and testified as follows:
20
21
LAW JUDGE:
State
and spell your name for the record.
22
THE WITNESS:
23
E. Reed, R-e-e-d.
24
Just do me a favor.
LAW JUDGE:
Jeffrey, J-e-f-f-r-e-y,
Ms. Vance, your witness.
[Reed, Direct]
MS. HOMES VANCE:
DIRECT EXAMINATION
BY MS. HOMES VANCE:

Q
6
7
Thank you, your
Honor.
346
Mr. Reed, where are you employed and in what

capacity?
I am employed at the University of Buffalo as

Director of Employee Relations.
How long have you held that position?
10
I've been director for approximately two years
11
now.
12
for four years.
13
14
Prior to that I was an Assistant Director
Could you put an approximate date or years on

those so I have that --
15
Yes.
16
-- for the record?
17
Yes.
I came in in April of 2004 as an Assistant
18
Director of Employee Relations, and it was spring
19
of '08 when I was officially appointed Director.
20
And who is Sarah Couch?
21
Sarah -- and she may show up on some of the later
22
e-mails -- I'm not sure -- it's Sarah Augustynek
23
because that is her married name.
24
one of the Assistant Directors of Employee
Sarah is a --
[Reed, Direct]
1
2
Relations at UB.
Q
347
So she works for me.
And how long has she been an Assistant Director of

Employee Relations?
She came in in March of 2007.
I think we now have Augustynek on the record.
Yes.
LAW JUDGE:
THE WITNESS:
9
10
Yes.
A-u-g-u-s-t-y-n-e-k.
Q
11
12
Can you spell that?
As Director of Employee Relations, just briefly

take us through your duties and responsibilities.
Our office is responsible for processing any
13
contractural grievances, collective bargaining
14
agreement grievances and any PERB matters and
15
anything dealing with the union side of employees
16
generally runs through my office first.
17
unions will approach my office before anything
18
else goes forward.
19
nonunion employee issues, and at UB that's about
20
split half and half between union and nonunion.
21
The
We're also responsible for the
Ms. Singer-Blumberg testified that you typically
22
have informal labor-management meetings on the
23
first Wednesday of every month.
24
with that characterization?
Would you agree
[Reed, Direct]
That's accurate.
348
I just don't call them informal
labor-management.
That is such a term of art in what we do that I
just refer to them as the Panera meetings because
that's where we gather.
7
8
So it is true that you have informal meetings

about once a month with Ms. Singer-Blumberg?
9
10
We've joked about that before.
That's correct.
We slate them for the first
Wednesday of each month.

Q
All right.
And Ms. Singer-Blumberg testified that
11
you met in person at one of these informal
12
meetings on or about April 3rd or 4th, 2008.
13
That's true, isn't it?
14
That is true, yes.
15
And prior to that meeting had you received what's
16
in evidence as Joint 4 which is an e-mail from,
17
that purports to be from Tara Singer-Blumberg to
18
you dated March 27, 2008 regarding Jeffrey Malkan?
19
Yes.
I did receive it, and I do recognize this.
20
Then when you met with Ms. Singer-Blumberg on or
21
about April 3rd, 2008, did you discuss the
22
substance of this Joint 4, this e-mail?
23
24
I can't say we got much into the substance.

discussion was whether I had received it and
The
[Reed, Direct]
349
whether anything had happened on it.
often what -- what Tara and I get into discussing.
4
5
That's quite
After you received Joint 4, did you forward it to

someone?
I did.
I received it and forwarded it to the
Dean's office, specifically to Marlene Cook, who
had been my contact there a year or two prior on a
separate issue out of the Law School.
10
11
And did Marlene Cook ever contact you to respond

-- to respond to you?
She did not.
I hadn't heard back, and when this
12
was mentioned at the Panera meeting in the
13
beginning of April, I believe it was the next day,
14
but it was soon after the meeting, I re-sent the
15
-- that e-mail from Tara that's Joint 4, I
16
believe, to both Marlene Cook and Jim Newton
17
because I had asked around and found out that Jim
18
may be responsible for these types of things going
19
forward.
20
And then Tara Singer-Blumberg testified that you
21
told her that Marlene said to you that she would
22
speak to the Dean or share this e-mail, Joint 4,
23
with the Dean.
24
to Tara?
Is that true, that you said that
[Reed, Direct]
It is not true.
350
There may have been a
misunderstanding, but I did not speak to Marlene
and I did not indicate that I had because I never
spoke to Marlene on this issue.
And Marlene never contacted you on this issue?
That's correct.
Okay.
And then after you forwarded the Joint 4
e-mail to Jim Newton on or about April 3rd, 2008,
did Jim Newton contact you?
10
He did.
11
By phone?
12
Yes.
13
And what happened next?
14
The discussion centered on whether he had seen it.
He called me by phone.
15
I asked if he was the correct person to run this
16
by and he indicated yes, and he indicated that he
17
would discuss the issue with the Dean.
18
The issue being what?
19
What -- everything mentioned in the e-mail.
20
Okay.
So specifically I believe there was a
21
request for a name-clearing e-mail for the Dean to
22
send out regarding Jeffrey Malkan?
23
24
Correct.
point.
That was the outstanding request at that
[Reed, Direct]
And then on or about April 15th, 2008, did Jim

Newton call you again?
Yes.
And --
I can't be positive of the date.
Did he respond to you as to whether or not the
Dean would send out a name-clearing e-mail
regarding Jeff Malkan?
351
He did.
He indicated that the Dean would not, but
10
if he had to send out such an e-mail that it would
11
contain the truth of the situation and didn't feel
12
that that would behoove Mr. Malkan.
13
14
15
Singer-Blumberg toward the end of April 2008?

A
16
17
And did you convey that answer to Ms.
I did convey that, and that would be the correct

timing, yes.
Now, Ms. Singer-Blumberg testified that at that
18
point you suggested to her just to let this matter
19
lie.
20
I did.
Did you do that?

I just threw out that it sounds like it
21
might be things that her client doesn't want to
22
have in writing to the faculty.
23
24
Now, Ms. Singer-Blumberg stated that during her

very first discussion with you in March of 2008
[Reed, Direct]
352
that she specifically asked you if there was any
intent on the Dean's part to terminate Professor
Malkan at the Law School as a clinical professor.
That's on page 23 of the transcript.
yesterday --
MS. SINGER BLUMBERG:
But then
Objection.
Do
you have the transcript of my testimony from
yesterday?
9
10
LAW JUDGE:
Just for clarification what
--
11
12
Page 23 of what transcript?
MS. HOMES VANCE:
Page 23 of the
transcript from Tuesday, November 17, 2009.
13
LAW JUDGE:
14
15
LAW JUDGE:
16
testify.
17
it.
18
19
That's what I thought.

I didn't testify.
Ms. Singer-Blumberg didn't
I'm not sure how you characterized
MS. HOMES VANCE:
I said that she
stated.
20
LAW JUDGE:
Okay.
21
MS. VANCE:
Ms. Singer-Blumberg stated
22
that during the very first discussion in
23
March 2008 she specifically asked Jeff Reed
24
if there was any intent on the Dean's part
[Reed, Direct]
353
to terminate Professor Malkan's employment
at the Law School as a clinical professor.
That's at page 23 of the transcript.
LAW JUDGE:
statements?
MS. HOMES VANCE:
7
8
Was this during opening
Yes.
Opening
statement.
Q
And then yesterday Ms. Singer-Blumberg testified

that she first asked you that question at the end
10
of April during this telephone call we're speaking
11
about that she had with you, and that's when, in
12
fact, she asked you if there was any indication
13
that Mr. Malkan's appointment was in jeopardy.
14
you remember if she asked you any such question
15
when it was?
16
Do
I do remember we had that discussion, but it was
17
had after I had notified Tara that the Dean was
18
not interested in sending the name-clearing
19
e-mail.
So it would have been the end of April.
20
Okay.
And what did she ask you in that regard?
21
She asked if I had had any indication from the
22
Dean's office that -- that his appointment was in
23
jeopardy or she may have said his term -- I don't
24
remember specifically which -- and at that point I
[Reed, Direct]
1
2
354
had heard no such thing so my answer was no.

Q
Had you ever asked Jim Newton or anyone in the
Dean's office about Professor Malkan's appointment
or being in jeopardy or not being in jeopardy or
the subject in general?
No.
There was no such discussion.
Now, isn't it true that the next time you
discussed the issue of Jeffrey Malkan was at a
meeting, at this informal meeting with Ms. Tara
10
Singer-Blumberg around the first Wednesday in May;
11
isn't that true?
12
That is accurate, yes.
13
Okay.
And at that point isn't it true that then
14
Ms. Singer-Blumberg informed you that she was now
15
demanding that the Dean have a face-to-face
16
meeting with Professor Malkan; is that right?
17
18
That is correct.
That was the first item, and it
was after the answer was no on the name clearing.
19
And what did you respond to Ms. Singer-Blumberg?
20
My recollection is that I responded that I would
21
have -- I would have a discussion on that with the
22
Dean's office, and I may have referenced that it
23
seemed like a reasonable request.
24
And did you, in fact, follow up with Jim Newton on
[Reed, Direct]
1
2
355
this, or did you have someone else follow up?

A
That was in the time period that month when I was
moving to a new home so I had asked Sarah Couch at
that point in time to follow up with Jim Newton on
that aspect.
And do you know if Sarah did, in fact, follow up

with Jim Newton on that aspect?
Yes, she did.
Okay.
10
11
12
13
14
And did Sarah tell you what Jim Newton told
her?
A
Yes.
Objection.
We
are doing hearsay of hearsay.

LAW JUDGE:
On the other hand, you did
15
hearsay, hearsay about Marlene Cook.
16
addressed that hearsay objection from Ms.
17
Vance, I did note then that we do permit
18
hearsay testimony in these sorts of
19
administrative hearings.
20
that it may involve multiple levels of
21
hearsay or what have you, that may go to the
22
probative value.
23
evidence into consideration.
24
As I
So to the extent
We do take that sort of
So I will overrule the objection and
[Reed, Direct]
let you proceed, Ms. Vance.
MS. VANCE:
3
4
356
Thank you, your Honor.
BY MS. HOMES VANCE:

Q
Did you talk to Sarah Couch about whether or not
she talked to Jim Newton and what Jim Newton told
her?
I did.
And Sarah indicated to me that Jim
indicated that the -- that such a meeting would
not take place.
10
11
And did you ask Sarah Couch to convey that answer

to Ms. Singer-Blumberg?
12
I did.
13
And showing you what's in evidence as Charging
14
Party 15, do you recognize this document?
15
Yes, I do.
16
And what is this?
17
This was a -- an e-mail from Sarah Couch to Tara
18
Singer-Blumberg on May 23rd of '08, and it was
19
updates on a number of matters --
20
At your request?
21
-- that we had outstanding.
22
At your request?
23
Yes, yes.
24
And what's No. 3?
[Reed, Direct]
357
Regarding Malkan, Sarah says that she's indicated
to Jim Newton that Jeffrey Malkan is seeking a
sit-down with someone from the Dean's office.
has spoken with the Dean, and the Dean feels that
they informed Jeff about his dismissal for
performance, and he does not feel the need for
additional meetings at this time.
Jim
Ms. Singer-Blumberg also testified that she sent
you what's in evidence as Joint 5, an e-mail from
10
Tara Singer-Blumberg to you and Sarah Couch dated
11
May 29, 2008.
Did you receive that?
12
I did.
13
And then soon thereafter did you have one of these
14
informal meetings?
That would have been your June
15
meeting with you, Tara and Sarah?
16
And others, correct.
17
And Ms. Singer-Blumberg testified that she had
18
asked you to continue to request, make her request
19
to the Dean.
Is that -- do you agree with that?
20
That is correct.
21
And what did you say to her in that regard?
22
I indicated to the effect that I didn't see any
23
use in continuing to do that because we had
24
already done it.
[Reed, Direct]
358
And sometime around -- I don't know -- mid-June of
2008, did you become aware that Tara
Singer-Blumberg had sent an e-mail to Scott
Nostaja regarding this matter?
Yes, I did.
I don't recall specifically whether
Scott forwarded it to me, but I do recall that he
and I had a phone conversation after he received
that e-mail from Tara.
9
10
LAW JUDGE:
Q
11
12
Hold on a second.
And what was the sum and substance of your

conversation with Scott Nostaja?
Scott asked me for background on the issue, and I
13
gave it to him.
14
that had been made by Tara and presented to Jim
15
Newton and then we had word that they were
16
rejected by the Dean's office.
17
that it was a clear massage to us from the Dean's
18
office that that they didn't wish to grant either
19
of those requests, and he indicated that it seemed
20
like -- he indicated to me that our office had
21
done what we needed to do and that he would get
22
back to Tara because he didn't feel like we needed
23
to do anything further.
24
I indicated that the two requests
I indicated to him
Did he indicate to you that he was going to call
[Reed, Direct]
1
2
359
the Dean, either the Dean or the Dean's office?

A
He did not.
I did not leave that conversation
with that impression at all.
MS. HOMES VANCE:
LAW JUDGE:
Nothing further.
Ms. Singer-Blumberg, would
you like to take a few minutes to collect
your thoughts?
Please.
be brief.
10
LAW JUDGE:
11
Okay.
Let's go off the
record.
12
13
LAW JUDGE:
14
Ms. Singer-Blumberg, any cross?
15
16
Back on the record.
Just a couple of
questions.
17
CROSS-EXAMINATION
18
19
It will
Q
When you spoke to Scott after he got my e-mail in
20
June, do you know if it was after he talked to me
21
about my e-mail or before?
22
That I do not know.
23
He didn't talk to you about any conversation he
24
had with me?
[Reed, Cross]
360
No, no.
And you said that you had had a prior contact with
That didn't come up.
Marlene Cook in the Law School?
Uh-huh.
Was that who your first go-to was?
Correct.
Did that prior contact have to do with a
8
9
secretary's issue?
MS. HOMES VANCE:
10
the scope of direct.
11
LAW JUDGE:
12
13
Objection.
Outside
There was mention of some
prior contact.
MS. HOMES VANCE:
On other issues, but
14
not specifically what the issues would be.
15
So it's just completely outside the scope of
16
direct.
17
that door.
18
19
20
21
It's irrelevant.
LAW JUDGE:
We didn't open
I tend to agree.
That door
didn't open.
Then nothing
further.
22
LAW JUDGE:
Any redirect?
23
MS. HOMES VANCE:
24
LAW JUDGE:
No, thank you.
Then you're excused.
361
Thank you.
LAW JUDGE:
Let's go off the record for
a moment.
LAW JUDGE:
We have a submission of a document,
Back on the record.
actually a series of documents.
to call it Respondent's No. 9.
We're going
I will
10
describe that in a second.
11
seven page document, a number of letters
12
dated July 14, 2008.
13
addressed to a Bernadette Clor, C-l-o-r,
14
Margaret Phillips, two "l's", Ann Haynes,
15
H-a-y-n-e-s, and a Laura Reilly,
16
R-e-i-l-l-y.
17
dealing with a Kendra Winkelstein.
18
The first four are
Then we have three letters
19
minute?
20
here.
In total it is a
Can I have a
I didn't realize that they were in
21
LAW JUDGE:
Off the record.
22
23
LAW JUDGE:
24
We just had a brief off-the-record
Back on the record.
362
discussion to give Counsel to the Charging
Party an opportunity to look through these
documents.
have.
I will finish describing what we
The last three pages are two letters
from Kendra Winkelstein,
W-i-n-k-e-l-s-t-e-i-n.
letters are to the then interim Dean, and
then the last letter is a one page letter to
10
Ms. Winkelstein, also dated July 14th, 2008,
11
like the previous four letters.
The first two
12
That describes Respondent's Exhibit
13
No. 9, which has been marked and entered
14
into evidence.
15
16
That's correct?
Just to get a
stipulation from both sides?
17
18
MS. HOMES VANCE:
19
LAW JUDGE:
20
21
22
Okay.
Yes.
Yes, your Honor.

That's Respondent's
No. 9.
(Respondent's Exhibit No. 9 was marked
for identification and received in
evidence).
23
24
LAW JUDGE:
With that bit of
363
1
2
housekeeping.
MS. HOMES VANCE:
Well, there was one
-- I think we need a stipulation that there
was one other instructor who did not receive
a letter.
6
7
Her name was --
DEAN MUTUA:
Jennifer Plant.
Plant, like a plant.
MS. HOMES VANCE:
DEAN MUTUA:
10
Jennifer
P-l-a-n-t?
Yes.
MS. HOMES VANCE:
Her name was Jennifer
11
Plant.
12
Research and Writing Program.
13
letter for her because she was a temporary
14
employee, and pursuant to the policies of
15
the Board of Trustees, she did not -- she
16
was not required to receive a written notice
17
of non-renewal.
18
notice of non-renewal.
19
stipulation to that, that would make our
20
record complete.
21
22
23
24
She was an instructor in the
LAW JUDGE:
There is no
She received a verbal

So if we can have a
Is there any objection to
such a stipulation?
No.
Just
clarification on who the verbal notice came
364
from.
LAW JUDGE:
Fair enough.
MS. HOMES VANCE:
If you know.
We stipulate that
Marlene Cook provided that notice to her,
that verbal notice to Jennifer Plant.
6
7
LAW JUDGE:
Is there any objection to
that stipulation?
LAW JUDGE:
Okay, thank you.
10
MS. HOMES VANCE:
11
does not have an objection.
12
stipulate?
So do we have -- she
13
LAW JUDGE:
14
Do you so stipulate?
15
16
LAW JUDGE:
17
Okay.
Yes.
With that, Ms.
Vance, do you have another witness?

MS. HOMES VANCE:
19
We call James Newton.
21
Does she so
Fair enough.
18
20
No, your Honor.
I do.
WHEREUPON,
JAMES NEWTON
22
was called by and on behalf of the
23
Respondent, and, being first duly sworn, was
24
examined and testified as follows:
[Newton, Direct]
LAW JUDGE:
Just do me a favor.
THE WITNESS:
J-a-m-e-s N-e-w-t-o-n.
Sure.
LAW JUDGE:
MS. HOMES VANCE:
James Newton.
Ms. Vance, your witness.

Thank you, your
Honor.
DIRECT EXAMINATION
BY MS. HOMES VANCE:

Q
11
12
State
and spell your name for the record.
10
365
Mr. Newton, where are you employed and in what

capacity?
13
I am employed at the University of Buffalo Law

School as Vice Dean for Administration.
14
How long have you been in that position?
15
I've been at the Law School since 2003 and assumed
16
-- I was appointed to that position in December of
17
2007.
18
19
20
Just briefly recount for us your duties and

responsibilities as Vice Dean for Administration.
Sure.
I oversee all the administrative, or
21
another way to put it, non-academic units of the
22
Law School, such things as admissions, career
23
services development, alumni, IT.
24
What's IT?
[Newton, Direct]
Information technology.
366
Basically all the
administrative units of the school, and I serve as
chief of staff to the Dean in that capacity.
take any number of administrative matters from
other people within those departments and
otherwise and, in essence, filter those up to the
Dean.
So are you the point of contact for anyone that

wishes to speak to the Dean regarding
10
11
administrative matters?
A
I wouldn't say the point of contact.
The way I
12
would put it is for matters that require the
13
Dean's attention, they would come to me and then I
14
would take them to the Dean.
15
And then who is Marlene Cook?
16
Marlene Cook is our Vice Dean for Resource
17
Management, and in that capacity she handles --
18
largely handles our financial matters and she also
19
works on HR matters in conjunction with me.
20
21
I'm showing you what's in evidence as Joint 4.

It's an e-mail dated March 27th, 2008.
22
Yes.
23
Did you receive this e-mail on or about April 3rd,
24
2008, forwarded to you from Jeffrey Reed?
[Newton, Direct]
367
I did.
And at that time did that also, did you note that
it was also forwarded to Marlene Cook?
That's correct.
And what did you do when you received this e-mail?
When I received this e-mail, I called Jeff Reed to
just simply inform him that I did receive it and I
would take the matter up to the Dean.
10
11
Did you ask Marlene Cook if she had already

handled this matter with the Dean?
I -- I would have confirmed.
I did rather confirm
12
with Marlene that she had not.
13
that she would have, but before I took it to the
14
Dean I wanted to make sure that it hadn't been
15
handled.
16
Had not?
17
Had not been handled.
18
All right.
I didn't expect
And sometime soon thereafter did you
19
sit down with the Dean to discuss -- let me strike
20
that.
21
Dean?
22
What issue did you want to take to the
23
don't care what he wanted.
24
he actually did.
Objection.
I only care what
[Newton, Direct]
LAW JUDGE:
MS. HOMES VANCE:
368
Fair enough.
I agree.
What issue did you take to the Dean?
Sure.
I -- I meet with the Dean and did at that
time on a weekly basis for a standing meeting, and
so in this particular instance, this would have
been or was, rather, one of -- I would guess ten
to fifteen matters that we would have to speak
about.
I would have come in with my notes on --
10
on what I needed his input on.
11
regarding this matter, I said to the Dean, "Jeff
12
Malkan has requested a name clearing e-mail."
13
Dean said to me no, he would not do so, and that
14
if he did do so, it would probably, given the
15
content of it, not be the type of message that
16
Jeff Malkan would like to go to the faculty.
17
recall it as a very short conversation.
18
Oftentimes these things are simply go one after
19
another trying to be mindful of the Dean's time.
20
Specifically
The
Once you received that, once you took this issue
21
to the Dean and received his response, how did you
22
convey that response to Jeff Reed?
23
24
I called Jeff to tell him that the Dean was not

willing to send such an e-mail.
[Newton, Direct]
369
Would that have been on or about, just

approximately, April 15, 2008?
That sounds correct.
And then directing your attention to perhaps early
May 2008 -- and I don't have an exact date for
you -- did you receive a contact from Sarah Couch
at that time also regarding Jeffrey Malkan?
I did.
And what was that about?
10
That, as I understood it, was a request by Jeff to
11
12
have a sit-down meeting with the Dean.

Q
13
14
And so then once you received that request from

Sarah Couch, what did you do?
The same.
I called Sarah to tell her that I had
15
received her e-mail and that I would at my meeting
16
with the Dean take it up with him.
17
So then what did you do with the Dean?
18
With the Dean, again, this was a part of our
19
standing meeting, I would have addressed this with
20
him as one of several items, and I simply told him
21
that Jeff Malkan has requested that the Dean sit
22
down with him.
23
response was an emphatic no, and I did not pursue
24
it further.
My recollection of the Dean's
[Newton, Direct]
370
And did you convey that, the Dean's answer, to

Sarah Couch?
I did via telephone, yes.
And that was again sometime around the first part
of May 2008?
That sounds correct.
Did Scott Nostaja ever call either you or the
Dean's office?
Objection.
10
Foundation for how he knows what calls come
11
in to the Dean's office.
12
LAW JUDGE:
Yes.
13
of nowhere.
14
explain some stuff.
15
16
That was sort of out
Give me some foundation here,
Did Scott Nostaja ever call and speak to you

regarding the issues with Jeffrey Malkan?
17
No, he did not.
18
Did you ever call Scott Nostaja and talk to him
19
20
21
22
about the issues with Jeff Malkan?

A
No, I did not.

MS. HOMES VANCE:
Just one moment,
please.
23
Nothing further.
24
LAW JUDGE:
Ms. Singer-Blumberg, do you
[Newton, Cross]
371
want to jump right in or take a few minutes?
Take a few
minutes.
LAW JUDGE:
LAW JUDGE:
Ms. Singer-Blumberg, any cross of
Let's go off the record.
Back on the record.
Mr. Newton?
10
CROSS-EXAMINATION
11
12
Yes.
Q
Mr. Newton, you testified that in early May 2008
13
you received a contact from Sarah Couch about the
14
request for a sit-down, face-to-face meeting with
15
the Dean?
16
Yes.
17
And I think you alluded to the fact that it was
18
via e-mail.
How did you receive that contact?
19
By e-mail.
20
Do you have a copy of that e-mail?
21
I'm not sure.
22
Do you remember what it said specifically?
23
I don't remember specifically.
24
I don't have it on me personally.
I remember it was
fairly short saying that Jeff Malkan would like a
[Newton, Cross]
372
sit-down meeting with the Dean.
that she -- she may have told me who she was, said
that she worked with Jeff and she was following
up.
the exact wording.
She may have said
Other than that, I can't specifically recall
When you say she worked with Jeff, you mean Jeff
Reed?
Jeff Reed, correct.
And you said that you met with the Dean weekly;
10
11
right?
A
There is a standing meeting weekly.
We might meet
12
in addition to that, but in terms of standing
13
meeting, yes.
14
15
And is that standing meeting in your capacity as

Chief of Staff or in your capacity as Vice Dean?
16
I would say really both.
17
And you said you could have 10 or 15 items on your
18
list of things to talk to him about?
19
That's correct.
20
Do you come in with an agenda?
21
No.
I don't bring a formal agenda.
As things
22
arise during the week, I write a note.
I number
23
it on a piece of paper, write it to myself and
24
bring it in.
[Newton, Cross]
373
So they're not in any particular order that you

discuss them with him?
Not necessarily.
And if you get a note or an e-mail like you did,
my e-mail --
Yes.
-- a copy of my e-mail, would you bring that in to
8
9
the meeting with you?

A
I may, yeah.
Do you have the details --
I mean, I would always be prepared
10
if he may ask me questions, I would generally
11
bring supporting information if I thought I would
12
need it.
13
Then you were not the point of contact for Jeff
14
Malkan?
He didn't come to you to represent him to
15
the Dean; right?
16
No.
17
At any point?
18
No.
19
Do you have copies of the notes of your meetings
20
with the Dean with regard to the stuff you
21
testified to today?
22
I don't.
I -- I jot down his answers, and I tend
23
to, you know, throw it out when I'm done needing
24
them.
[Newton, Cross]
more second, please?
LAW JUDGE:
(Off the record).
LAW JUDGE:
6
7
374
Could we have one
Off the record.
Back on the record.
Q
So you said those meetings with the Dean are in
your dual capacity both as Vice President and as
Chief of Staff?
10
Vice Dean and Chief of Staff.
11
I'm sorry.
12
Yes.
13
And you testified about your duties as Vice Dean
Vice Dean and Chief of Staff.
14
that they're basically on the non-academic side of
15
the house, the things that you deal with?
16
Correct.
Generally speaking.
17
So would you say that the issue involving Malkan
18
was brought forward within that meeting in your
19
capacity as Chief of Staff?
20
I really think it was a dual capacity.
In other
21
words, the job is the job.
I don't bring him
22
Chief of Staff matters and then Vice Dean for
23
administration matters.
24
one job.
You know, I do the job as
I think I'd have some difficulty
[Newton, Cross]
1
2
375
bifurcating it.
Q
Well, maybe just then to clarify because you went
into some detail on what your duties were as Vice
Dean --
Yeah.
-- on the nonacademic side, and clearly I imagine
other than Malkan you've had to deal with talking
to the Dean about academic issues?
Yes.
10
So what are your duties as Chief of Staff?
11
My duties as Chief of Staff are essentially as
12
matters come up within the Law School.
For
13
example, we have something, a question arising in
14
admissions.
15
setting up an appointment with the Dean, as I
16
oversee that office, she would bring it to me.
17
it was something that required the Dean's
18
attention or any input, I would then bring it to
19
him.
As opposed to the Dean for Admissions
If
Does that answer your question?
20
You're sort of the gatekeeper for his door?
21
That's correct.
In -- in some ways, yes.
He also
22
has an executive assistant that schedules meetings
23
and that sort of thing.
24
Nothing further.
376
LAW JUDGE:
MS. HOMES VANCE:
LAW JUDGE:
Any redirect?
No.
Thank you.
You are excused.
Thank
you.
THE WITNESS:
Thank you.
LAW JUDGE:
additional witnesses?
MS. HOMES VANCE:
Ms. Vance, do you have any
10
moment, please?
11
LAW JUDGE:
12
MS. HOMES VANCE:
13
LAW JUDGE:
Could we have a
Yes.
We rest.
I want to note for the
14
record, I want to summarize a conversation I
15
had with Counsel this morning in the
16
conference room before we began today.
17
we broke, just before we broke yesterday
18
afternoon, there was some discussion about
19
the possibility of Mr. Nostaja being called
20
as a rebuttal witness.
21
22
23
24
When
Apparently, Ms. Vance, you have decided

not to call Mr. Nostaja; is that correct?
MS. HOMES VANCE:
Yes.
I believe you
indicated this morning at our off-the-record
377
conference that if I wished to call
Mr. Nostaja that you would permit me to do
so.
LAW JUDGE:
That's correct.
That's the
point I'm getting at right now because
frankly on the record yesterday afternoon I
think I was pointing you in a different
direction.
9
10
11
MS. HOMES VANCE:
You were less
inclined to allow that.

LAW JUDGE:
Frankly, I was a little
12
miffed that he wasn't available today, but
13
on further thought about how his potential
14
testimony became potentially relevant, I
15
realized that frankly it wouldn't be fair to
16
disclose you from that opportunity simply
17
because he wasn't available today, i.e., the
18
next day, after his involvement was raised
19
during Ms. Singer-Blumberg's testimony.
20
I just wanted to make it clear for the
21
record that I did give you that opportunity
22
to call Mr. Nostaja if you would like to and
23
you have decided not to.
24
MS. HOMES VANCE:
Thank you, your
378
Honor.
we have decided that, I think it's -- you
know, I know that everyone wants to finish
today -- the Union, yourself -- we are all
willing to just let the record stand as it
is, and we will not be calling Mr. Nostaja.
I appreciate what you just said and
LAW JUDGE:
My point that I want to
make it clear I was not pressuring you one
way or the other and that upon further
10
reflection I wanted to make it clear you
11
have that opportunity.
12
MS. HOMES VANCE:
Thank you.
13
Judge, just to
14
clarify, you started out by saying call him
15
as a rebuttal witness, but he would have
16
been -- yesterday we talked about him being
17
a witness in their case in chief.
18
LAW JUDGE:
That's correct.
Yes, I'm
19
sorry.
Yes, he would have been a witness in
20
their case in chief.
21
would have been to sort of rebut something.
22
You're right.
23
classified as a rebuttal witness, correct.
24
That's correct.
The intended testimony
He would not called as --
379
With that, I believe we are done as far
as the record goes unless you have any --
I'm jumping ahead of myself.
Do you have any rebuttal testimony?
need a minute to discuss that.
LAW JUDGE:
I'm not sure.
Let's go off the record for
a couple of minutes and give you an
opportunity to think that through.
10
We're off the record.
11
12
LAW JUDGE:
13
Do you have any rebuttal?
14
15
16
17
18
Back on the record.
We do not, your
Honor.
LAW JUDGE:
So with that, then, we're
done at least for this part of the process.

Briefs.
Today is April 1st.
19
frankly three days of transcript.
20
Forty-five days would probably be
21
reasonable.
22
23
the transcript?
24
LAW JUDGE:
Yes.
This is
From when we get
What I usually -- if
380
that's okay with you.
MS. HOMES VANCE:
That's fine.
I'd ask for longer.
I would ask for at least 60 days after we
get the transcripts based on our schedules.
LAW JUDGE:
Any objection to adding a couple of
8
9
10
Fair enough.
weeks?
LAW JUDGE:
No.
What we'll do, rather than
11
have you sort of guess as to when it's due,
12
what I like to do is when I get the
13
transcript, I will send the parties a letter
14
saying when it's due, and I will give you a
15
date certain.
16
always make it due on Friday just for my own
17
calendar purposes.
18
may be 65, whatever.
19
I know Mr. Malkan is looking, has been
20
without a job for a while, and I know that
21
we had some delays here, and I'd like to get
22
these briefs in quickly.
23
24
It will be about 60 days.
It may be 62 days.
It
Try and get them in.
Also, as I indicated, the parties

earlier, I understand there's a separate
381
legal proceeding pending.
effort at settling that and that gets
resolved, I'd like to see you tie this up in
a global settlement.
5
6
7
8
9
10
If there's some
With that, I guess we're done for

today.
For
clarification, I have two questions.

LAW JUDGE:
We're still on the record.
This 60 days will
11
be briefs to you and the other side
12
simultaneously?
13
LAW JUDGE:
14
Correct.
Okay.
And do you
15
have any idea when, just so I can sort of
16
plan to set some time aside at some point
17
how long it will be before we have the
18
transcripts?
19
(Discussion off the record).
20
LAW JUDGE:
Just for the record,
21
Marlene just indicated that it probably
22
would be about four to six weeks for the
23
transcripts to come in.
24
send a letter confirming that I got it and
Like I said, I will
382
the due date is whatever, and the letter
says it's to be filed with me and a copy to
each other.
Thank you all for your professional
demeanor and work and everybody please get
home safely.
With that we're off the record.
(Whereupon, the proceedings were
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
concluded at 3:40 p.m.)
383
C E R T I F I C A T E
STATE OF NEW YORK
)
: SS:
COUNTY OF ALBANY
I, Marlene K. Pressman, a Notary Public for

and with the State of New York, do hereby certify:
That the witnesses whose examination are set
forth herein were duly sworn and such examination
is a true record of the testimony given by the
witnesses.
I further certify that I am not related to
any of the parties to this action by blood or by
marriage and that I am in no way interested in the
outcome of this matter.
IN WITNESS WHEREOF, I have hereunto set my
hand this
day of
, 2010.
$
$30 [1] - 325:22
$40,000 [1] - 325:20
$60,000 [1] - 335:22
'
'04 [1] - 250:2
'05 [1] - 250:2
'06 [1] - 250:2
'07 [2] - 250:2, 302:23
'08 [6] - 308:16, 308:18,
315:14, 327:15, 346:19,
356:18
1
1 [4] - 240:16, 242:14,
242:16, 275:14
10 [2] - 336:2, 372:17
12 [1] - 336:3
1201 [1] - 241:6
12205 [1] - 240:16
12223-1250 [1] - 241:6
13th [1] - 331:9
14 [1] - 361:12
14221 [1] - 241:2
14th [1] - 362:10
15 [5] - 245:7, 245:10,
356:14, 369:2, 372:17
15th [1] - 351:1
17 [7] - 242:12, 246:2,
246:9, 246:10, 319:7,
319:10, 352:12
18 [6] - 242:14, 319:10,
319:19, 319:20, 322:9,
322:11
19 [5] - 242:16, 323:3,
323:8, 324:20, 324:22
19th [1] - 308:18
1st [1] - 379:18
2
2 [7] - 241:5, 242:12, 249:6,
275:16, 305:5, 329:16, 330:4
2000 [1] - 254:19
2001 [2] - 249:24, 250:6
2002 [1] - 250:1
2003 [5] - 249:19, 250:1,
250:7, 255:3, 365:15
2004 [1] - 346:17
2005 [3] - 319:16, 320:15,
321:15
2006 [10] - 275:1, 275:7,
275:10, 275:12, 283:1,
285:3, 288:1, 317:9, 322:14,

341:16
2007 [6] - 245:6, 250:7,
281:14, 323:5, 347:4, 365:17
2008 [27] - 277:13, 307:21,
316:15, 326:3, 327:17,
327:22, 328:24, 329:18,
331:9, 348:12, 348:18,
348:21, 350:8, 351:1,
351:14, 351:24, 352:23,
357:11, 358:2, 361:12,
362:10, 366:21, 366:24,
369:2, 369:5, 370:5, 371:12
2009 [3] - 310:20, 343:6,
352:12
2010 [2] - 240:16, 383:18
2190 [1] - 240:7
23 [4] - 352:4, 352:8,
352:11, 353:3
23rd [1] - 356:18
243 [1] - 242:4
246 [1] - 242:12
27 [1] - 348:18
270 [1] - 241:2
27th [1] - 366:21
28 [1] - 315:14
29 [1] - 357:11
3
3 [6] - 240:1, 243:4, 315:21,
331:6, 331:8, 356:24
3/25/08 [1] - 333:19
3/3/07 [1] - 242:17
319 [1] - 242:14
322 [1] - 242:14
323 [1] - 242:16
324 [1] - 242:16
346 [1] - 242:5
359 [1] - 242:5
362 [2] - 242:19
365 [1] - 242:6
371 [1] - 242:6
3:40 [1] - 382:9
3rd [5] - 323:5, 348:12,
348:21, 350:8, 366:23
4
4 [7] - 348:16, 348:22,
349:3, 349:15, 349:22,
350:7, 366:20
40 [3] - 335:23, 335:24,
336:1
40,000 [1] - 325:22
405(c [2] - 288:9, 288:13
45 [1] - 345:3
4th [1] - 348:12
5
5 [4] - 304:12, 305:8, 333:2,
357:9
6
6 [5] - 304:11, 305:9,
308:17, 308:23, 340:1
60 [4] - 335:23, 380:4,
380:15, 381:10
62 [1] - 380:17
65 [1] - 380:18
7
7 [4] - 242:19, 315:13,
315:19, 342:12
7/14/08 [1] - 242:20
716 [1] - 240:24
741-9255 [1] - 240:24
8
8 [1] - 277:4
80 [1] - 240:15
88 [1] - 244:6
9
9 [7] - 242:19, 319:16,
340:5, 361:9, 362:13,
362:20, 362:21
9/9/05 [1] - 242:15
9:45 [1] - 240:18
A
a-u-g-u-s-t-y-n-e-k [1] 347:9
a.m [1] - 240:18
AALS [2] - 261:6, 261:7
ABA [4] - 248:8, 265:9,
288:9
abilities [2] - 317:7, 317:10
ability [2] - 281:24, 282:2
able [6] - 245:8, 253:14,
254:9, 257:21, 257:24,
300:19
above-entitled [1] - 240:18
absolutely [4] - 280:21,
282:24, 289:11
academic [10] - 269:12,
269:13, 269:14, 269:18,
269:22, 271:3, 318:16,
365:21, 374:14, 375:8
Academics [1] - 283:21

accept [2] - 261:19, 334:7
acceptable [1] - 316:6
accepts [1] - 262:2
access [2] - 282:19, 313:5
according [1] - 328:1
accredited [1] - 248:9
accurate [12] - 249:3,
250:11, 250:15, 250:16,
250:17, 250:19, 250:24,
253:3, 301:23, 348:1, 354:12
accurately [4] - 279:24,
317:11, 317:13, 317:15
act [3] - 291:7, 327:22,
327:24
acted [5] - 265:2, 292:6,
292:10, 294:16, 314:5
Acting [1] - 241:5
action [4] - 263:2, 264:21,
283:18, 383:14
activity [2] - 295:2
acts [1] - 310:19
actual [7] - 310:22, 311:11,
311:13, 311:15, 333:8,
342:19
added [1] - 334:6
adding [1] - 380:7
addition [1] - 372:12
additional [3] - 342:24,
357:7, 376:8
addressed [3] - 355:16,
361:13, 369:19
adjunct [5] - 293:23, 294:4,
294:9, 295:17, 295:20
adjuncts [31] - 278:3,
278:5, 278:8, 278:14, 279:5,
292:20, 294:1, 295:4, 295:8,
295:18, 295:22, 296:1,
296:7, 296:8, 296:21, 297:2,
297:7, 297:20, 298:1, 298:6,
298:10, 298:17, 298:21,
298:22, 299:6, 299:9,
299:12, 300:12, 300:14,
301:8, 301:14
Administration [2] 365:13, 365:19
administration [1] - 374:23
administrative [7] - 289:3,
289:10, 355:19, 365:20,
366:2, 366:4, 366:10
Administrative [1] - 240:20
Admission [1] - 248:11
Admissions [1] - 375:14
admissions [3] - 246:5,
365:22, 375:14
adopted [2] - 312:2, 331:20
adopts [1] - 304:15
advising [1] - 308:15
affiliated [1] - 338:14
AFL [1] - 240:7
2
AFL-CIO [1] - 240:7
AFT [1] - 240:6
afternoon [3] - 243:7,
376:18, 377:6
agenda [13] - 283:11,
283:18, 283:23, 284:1,
287:16, 288:21, 334:1,
334:6, 334:10, 334:12,
334:13, 372:20, 372:21
ago [4] - 256:21, 257:13,
300:12, 331:18
agree [6] - 248:22, 297:9,
347:23, 357:19, 360:18,
368:2
agreed [2] - 307:17, 309:2
agreement [9] - 262:5,
262:18, 262:19, 263:16,
265:7, 265:23, 265:24,
266:14, 347:14
ahead [10] - 246:18, 247:5,
247:6, 251:15, 254:6, 257:9,
263:18, 308:24, 323:10,
379:3
ALBANY [1] - 383:5
Albany [2] - 240:16, 241:6
aligning [1] - 311:6
allegation [1] - 265:5
allow [5] - 257:21, 265:12,
337:12, 337:15, 377:10
allowed [2] - 281:5, 281:11
alluded [1] - 371:17
almost [1] - 245:7
ALS [1] - 261:5
alumni [1] - 365:23
American [1] - 261:7
analysis [7] - 253:11,
253:16, 256:15, 257:17,
257:20, 257:21, 258:2
analyzing [1] - 248:6
anemic [1] - 251:17
Ann [1] - 361:14
annual [2] - 325:4
answer [13] - 258:11,
266:4, 266:21, 271:12,
276:23, 318:13, 324:13,
351:13, 354:1, 354:18,
356:10, 370:1, 375:19
answers [2] - 292:24,
373:22
anyway [2] - 260:4, 337:18
apart [1] - 301:20
apologize [1] - 247:5
APPC [14] - 305:18, 306:23,
307:1, 307:4, 307:9, 307:11,
307:12, 307:15, 307:16,
307:17, 307:23, 309:1,
333:20, 334:6
appear [1] - 325:14
appearing [2] - 241:3,
241:7
applicant [3] - 262:7,

262:20, 265:24
applicants [1] - 266:12
applied [1] - 337:17
apply [4] - 337:12, 337:16,
337:20
appoint [4] - 262:4, 266:10,
309:3, 311:18
appointable [1] - 261:16
appointed [8] - 266:8,
266:11, 270:14, 308:6,
316:16, 342:1, 346:19,
365:16
appointment [46] - 259:20,
261:22, 262:10, 262:22,
263:8, 263:15, 264:3, 266:3,
266:13, 266:19, 266:22,
270:4, 270:21, 271:17,
274:2, 274:4, 274:5, 274:15,
274:16, 277:9, 280:22,
290:2, 290:4, 290:5, 290:13,
290:22, 290:24, 291:2,
292:2, 308:16, 312:23,
313:1, 313:7, 313:8, 313:17,
313:24, 314:1, 315:23,
341:16, 342:7, 342:8,
353:13, 353:22, 354:3,
375:15
Appointments [1] - 261:3
appointments [7] - 269:9,
280:15, 281:8, 289:4,
289:10, 328:13, 340:20
appreciate [1] - 378:1
Approach [1] - 305:13
approach [4] - 260:21,
305:16, 312:1, 347:17
appropriate [1] - 285:21
approval [1] - 304:18
approximate [1] - 346:13
April [15] - 240:16, 310:20,
343:6, 346:17, 348:12,
348:21, 349:13, 350:8,
351:1, 351:14, 353:10,
353:19, 366:23, 369:2,
379:18
area [8] - 253:15, 261:2,
261:9, 295:19, 297:11,
302:15, 304:3, 318:14
areas [2] - 260:17, 303:1
argue [1] - 300:6
arguing [1] - 300:23
argument [1] - 257:23
arise [1] - 372:22
arising [1] - 375:13
art [1] - 348:3
aside [2] - 342:17, 381:16
aspect [2] - 355:5, 355:7
aspirations [1] - 304:14
assigned [1] - 303:14
assignment [4] - 336:3,
336:13, 336:14
assistant [2] - 269:22,
375:22
Assistant [5] - 343:23,
346:11, 346:17, 346:24,
347:2
associate [10] - 269:22,
270:6, 271:14, 272:2, 275:4,
275:17, 276:16, 276:22,
283:16, 291:6
Association [1] - 261:6
assumed [1] - 365:15
assumes [4] - 279:14,
285:11, 293:21, 326:11
assuming [4] - 286:3,
286:11, 286:19, 296:22
assumption [1] - 244:20
assumptions [1] - 287:10
attend [7] - 280:4, 281:5,
281:6, 281:11, 281:12,
281:15, 321:17
attendance [2] - 288:6,
333:14
attended [2] - 280:13,
280:16
attention [6] - 249:13,
330:6, 333:22, 366:13,
369:4, 375:18
attested [1] - 301:22
attributed [1] - 297:1
August [5] - 315:14,
316:15, 327:15, 327:17,
328:6
Augustynek [2] - 346:22,
347:5
authority [9] - 263:12,
281:24, 289:3, 298:5,
298:19, 302:2, 302:11,
302:12, 314:6
autonomously [3] - 294:16,
295:5, 301:20
available [2] - 377:12,
377:17
average [6] - 249:7, 253:19,
253:22, 254:1, 254:13,
254:16
aware [20] - 244:1, 244:13,
259:6, 259:8, 259:10,
259:14, 259:21, 259:23,
260:1, 262:19, 265:23,
270:12, 270:15, 281:20,
282:5, 282:15, 294:16,
343:21, 344:1, 358:2
B
background [2] - 247:3,
358:12
bar [33] - 243:22, 244:8,
244:13, 245:2, 245:7, 247:9,

247:14, 247:17, 248:8,
248:17, 249:7, 249:11,
250:11, 251:2, 251:3, 251:7,
251:18, 252:5, 253:6,
253:11, 253:13, 254:4,
254:10, 254:13, 254:23,
255:2, 255:17, 256:2, 256:8,
257:2, 258:4, 258:6, 258:8
bar's [1] - 249:14
bargaining [1] - 347:13
Bartholomew [1] - 338:20
based [6] - 253:15, 261:14,
274:19, 290:17, 322:18,
380:5
basic [1] - 252:10
basis [3] - 252:3, 263:4,
368:5
became [10] - 273:15,
292:1, 303:23, 306:14,
310:9, 312:24, 313:3, 318:4,
334:17, 377:14
become [2] - 258:23, 358:2
began [2] - 313:3, 376:16
begin [6] - 243:4, 243:9,
261:1, 261:5, 261:17, 311:3
beginning [1] - 349:13
behalf [5] - 241:3, 241:7,
243:17, 345:17, 364:22
behavior [1] - 329:9
behind [6] - 253:17, 253:20,
253:22, 254:1, 254:4, 254:7
behoove [1] - 351:12
below [2] - 254:17, 335:24
benchmarks [1] - 294:20
benefit [1] - 293:11
Bernadette [1] - 361:13
better [1] - 248:21
between [12] - 245:3,
257:18, 259:9, 262:6, 262:9,
263:9, 263:16, 318:15,
323:15, 338:7, 338:8, 347:20
beyond [4] - 245:3, 250:4,
254:4, 314:6
bifurcating [1] - 375:1
biography [1] - 340:9
bit [3] - 260:10, 334:18,
362:24
blah [2] - 332:19
blame [1] - 252:9
blank [1] - 250:1
blend [1] - 299:19
blood [1] - 383:14
blueprint [2] - 306:7,
306:11
Blumberg [31] - 252:11,
296:24, 297:24, 298:24,
301:6, 320:11, 347:21,
348:7, 348:10, 348:17,
348:20, 349:20, 351:14,
3
351:17, 351:23, 352:15,
352:21, 353:8, 354:10,
354:14, 354:19, 356:11,
356:18, 357:8, 357:10,
357:17, 358:3, 359:5,
359:14, 370:24, 371:7
BLUMBERG [87] - 241:3,
243:12, 243:21, 244:23,
245:20, 246:24, 247:7,
249:4, 249:5, 249:24, 250:8,
250:9, 257:5, 258:14,
258:17, 263:8, 265:15,
266:7, 271:1, 273:6, 280:1,
287:13, 287:14, 293:15,
294:14, 295:15, 296:2,
296:10, 298:3, 301:11,
302:6, 302:18, 302:21,
305:10, 305:14, 308:12,
308:20, 315:12, 315:15,
319:6, 320:5, 320:13,
320:14, 322:3, 322:13,
322:24, 324:4, 324:15,
327:7, 327:8, 329:19, 330:5,
340:15, 341:11, 343:8,
343:18, 343:20, 344:2,
352:6, 352:14, 355:12,
359:8, 359:15, 359:18,
360:20, 361:18, 362:17,
363:23, 364:8, 364:15,
367:22, 370:9, 371:2, 371:9,
371:11, 374:1, 374:6,
375:24, 378:13, 379:5,
379:14, 379:22, 380:2,
380:9, 381:7, 381:10, 381:14
Blumberg's [3] - 286:10,
298:14, 377:19
BOARD [1] - 240:3
Board [5] - 240:14, 263:13,
269:1, 328:1, 363:15
body [1] - 274:12
bottom [2] - 249:8, 330:19
bound [3] - 314:7, 315:7,
321:4
box [1] - 249:8
break [6] - 293:7, 298:15,
331:12, 343:12, 344:13,
345:8
breakout [4] - 303:4, 303:5,
303:8, 303:24
brief [4] - 340:8, 344:21,
359:9, 361:24
briefly [3] - 333:23, 347:10,
365:18
briefs [3] - 379:18, 380:22,
381:11
bring [8] - 261:9, 372:21,
372:24, 373:7, 373:11,
374:21, 375:16, 375:18
bringing [1] - 309:17
broach [1] - 345:1
broad [3] - 252:12, 306:6,

332:20
broader [1] - 286:1
broadly [1] - 263:23
broke [2] - 376:17
broken [1] - 303:22
brought [2] - 313:19,
374:18
buck [2] - 255:13, 296:18
Buffalo [9] - 240:11, 246:7,
248:5, 248:18, 253:8, 277:5,
339:20, 346:7, 365:12
building [1] - 289:19
bunch [3] - 301:18, 302:24,
303:16
business [3] - 264:20,
310:9, 313:12
buy [6] - 309:18, 310:2,
310:4, 311:24, 312:10,
312:20
buy-in [5] - 309:18, 310:2,
310:4, 312:10, 312:20
BY [23] - 241:2, 241:6,
243:21, 244:23, 247:7,
249:5, 250:9, 258:17, 266:7,
271:1, 287:14, 293:15,
302:21, 320:14, 330:5,
341:11, 343:20, 346:4,
356:3, 359:18, 365:9,
371:11, 374:6
bylaws [5] - 276:9, 276:24,
277:5, 277:16, 277:20
C
calculated [1] - 249:9
calendar [1] - 380:17
candidate [7] - 258:21,
261:14, 261:16, 261:18,
262:1, 262:10
candidates [7] - 258:22,
259:5, 259:7, 259:9, 261:8,
261:10, 261:11
cannot [13] - 245:1, 251:19,
253:5, 255:10, 266:6,
266:17, 279:6, 283:24,
288:19, 303:12, 306:22,
307:21, 328:21
capacity [11] - 281:23,
339:12, 346:6, 365:11,
366:3, 366:17, 372:14,
372:15, 374:8, 374:19,
374:20
capped [2] - 325:3, 325:4
captioned [2] - 304:4,
304:12
captured [2] - 304:6, 305:1
captures [1] - 332:22
capturing [1] - 311:9
cards [1] - 303:16

care [2] - 367:23
career [1] - 365:22
CARLSON [2] - 240:20,
243:2
carry [1] - 252:18
case [12] - 257:7, 264:18,
276:11, 294:10, 294:15,
295:2, 298:24, 300:19,
315:5, 345:10, 378:17,
378:20
Case [1] - 240:8
cases [6] - 266:16, 266:18,
268:24, 273:10, 273:11,
274:6
categories [4] - 292:19,
297:1, 301:17, 301:18
category [7] - 254:11,
276:18, 277:24, 285:22,
286:7, 296:16, 297:3
cease [1] - 290:20
ceased [1] - 290:19
centered [1] - 350:14
certain [3] - 248:12, 251:19,
380:15
certainly [1] - 286:23
certainty [2] - 250:18,
256:10
certify [2] - 383:8, 383:13
cetera [2] - 295:14, 340:4
Chair [1] - 306:22
chair [1] - 307:1
chaired [1] - 302:23
change [7] - 281:12, 307:7,
310:22, 311:5, 311:6, 311:7,
337:1
changed [2] - 282:15,
282:16
changes [1] - 331:23
characterization [2] 252:7, 347:24
characterize [1] - 339:8
characterized [2] - 279:23,
352:16
Charge [2] - 264:15, 264:18
charge [1] - 300:21
Charging [20] - 240:8,
241:3, 246:2, 246:9, 246:10,
277:4, 308:17, 308:23,
319:9, 319:18, 319:20,
322:9, 322:11, 323:2, 323:8,
324:20, 324:22, 342:11,
356:13, 362:1
CHARGING [1] - 242:11
Charles [1] - 341:4
chat [1] - 314:12
check [3] - 314:10, 314:13,
314:14
checklist [1] - 306:13
chief [3] - 366:3, 378:17,
378:20
Chief [8] - 372:15, 374:9,
374:10, 374:11, 374:19,
374:22, 375:10, 375:11
choice [2] - 258:5, 258:9
Christine [1] - 338:20
CIO [1] - 240:7
civil [1] - 256:24
claim [1] - 292:3
Claims [1] - 263:1
clarification [7] - 254:18,
329:14, 333:1, 342:9, 352:9,
363:24, 381:8
clarify [4] - 260:10, 287:7,
375:2, 378:14
classes [1] - 290:8
classified [1] - 378:23
clean [1] - 337:7
clear [18] - 263:11, 266:21,
272:10, 278:3, 279:21,
286:9, 287:4, 287:5, 287:6,
322:18, 332:8, 333:2,
337:11, 342:17, 358:17,
377:20, 378:8, 378:10
clearing [5] - 350:21, 351:7,
353:18, 354:18, 368:12
clearly [2] - 296:17, 375:6
client [1] - 351:21
clinic [3] - 285:1, 285:13,
285:15
Clinical [9] - 273:7, 274:11,
275:24, 276:10, 277:7,
277:13, 279:17, 286:15,
288:3
clinical [60] - 269:15,
269:21, 270:5, 270:6,
270:16, 271:4, 271:13,
271:18, 271:22, 272:2,
272:3, 272:7, 272:9, 272:10,
272:14, 273:13, 273:18,
274:12, 274:13, 274:14,
274:23, 275:4, 275:17,
275:18, 275:21, 275:23,
276:5, 276:12, 276:15,
276:16, 276:21, 277:16,
277:20, 278:14, 279:12,
280:23, 281:4, 281:6,
281:10, 281:14, 283:16,
284:11, 284:19, 284:21,
287:21, 288:17, 290:2,
290:22, 290:23, 291:2,
291:6, 297:17, 313:7,
313:10, 313:17, 316:12,
352:3, 353:2
Clinics [3] - 284:22, 285:3,
285:5
clinics [8] - 272:6, 276:3,
276:7, 276:8, 276:14,
286:12, 287:21
Clor [1] - 361:13
4
CLOR [1] - 361:13
close [1] - 335:21
co [1] - 318:9
co-colleague [1] - 318:9
colleague [2] - 318:9,
320:16
collect [1] - 359:6
collective [1] - 347:13
comb [1] - 261:7
coming [5] - 248:7, 305:23,
321:9, 333:4, 339:8
commenced [1] - 283:19
commented [1] - 330:9
committee [38] - 259:3,
259:4, 259:5, 273:1, 273:4,
273:5, 274:17, 274:21,
275:2, 276:4, 277:17,
277:21, 277:23, 279:13,
279:19, 279:24, 286:15,
289:5, 289:13, 289:15,
289:21, 291:17, 291:18,
291:19, 291:22, 292:4,
292:11, 304:19, 306:24,
307:2, 307:3, 307:23,
307:24, 308:2, 338:9, 341:12
Committee [16] - 261:4,
273:7, 274:11, 275:22,
275:24, 276:10, 277:7,
277:12, 277:13, 279:10,
279:16, 283:5, 286:15,
288:2, 288:3, 305:17
committees [2] - 279:9,
304:16
communicating [1] - 312:4
comparatively [1] - 253:9
compared [1] - 254:11
comparing [1] - 248:8
competence [1] - 284:24
complete [4] - 248:16,
338:8, 343:4, 363:20
completed [1] - 243:8
completely [3] - 290:8,
295:19, 360:15
complex [1] - 258:6
complied [1] - 321:3
component [2] - 301:12,
304:9
components [1] - 257:2
compound [1] - 323:24
comprised [1] - 279:11
conceivably [1] - 265:11
concept [1] - 269:4
concerned [6] - 282:8,
291:1, 301:3, 320:19,
321:23, 335:11
concerning [2] - 246:6,
304:14
concluded [1] - 382:9
conclusion [2] - 248:7,
305:23
conditions [2] - 262:21,

266:2
conduct [2] - 305:19, 338:3
conducted [1] - 337:21
conference [2] - 376:16,
377:1
confirm [1] - 367:11
confirmed [1] - 367:11
confirming [1] - 381:24
confused [2] - 273:19,
279:18
congruence [1] - 318:15
conjunction [1] - 366:19
connect [1] - 251:16
connected [1] - 290:5
consequence [1] - 286:6
consideration [1] - 355:23
consistent [2] - 265:2,
265:8
construct [1] - 255:14
consult [3] - 312:13,
314:17, 328:18
consultation [1] - 295:6
contact [15] - 294:17,
324:1, 324:11, 349:7, 349:9,
350:9, 360:2, 360:7, 360:12,
366:8, 366:11, 369:6,
371:13, 371:18, 373:13
contacted [2] - 323:20,
350:5
contacting [1] - 329:8
contain [1] - 351:11
contained [1] - 247:23
contemplate [1] - 329:8
content [1] - 368:15
continue [5] - 265:13,
275:14, 283:12, 340:14,
357:18
continuing [1] - 357:23
contract [10] - 260:1, 260:3,
263:2, 268:17, 275:10,
277:10, 328:5, 336:4, 336:5,
336:15
contracts [6] - 325:3,
325:4, 325:5, 340:18, 341:6,
341:8
contractural [1] - 347:13
conversation [6] - 358:7,
358:11, 359:2, 359:23,
368:17, 376:14
convey [5] - 351:13,
351:15, 356:10, 368:22,
370:1
convince [1] - 297:23
Cook [11] - 294:18, 349:6,
349:9, 349:16, 355:15,
360:3, 364:4, 366:15,
366:16, 367:3, 367:9
copies [2] - 315:16, 373:19
copy [24] - 245:21, 246:14,
282:17, 305:7, 308:21,

308:23, 312:23, 313:1,
315:18, 320:3, 320:5, 320:7,
323:12, 326:6, 326:24,
327:1, 327:12, 329:24,
330:3, 331:8, 371:20, 373:7,
382:2
Correct [3] - 305:2, 316:14,
337:23
correct [53] - 244:17,
244:18, 244:21, 246:22,
249:19, 249:20, 250:8,
269:9, 269:19, 270:1, 270:7,
291:16, 305:9, 308:10,
309:8, 309:20, 310:12,
310:15, 310:17, 310:23,
326:4, 328:3, 330:14,
332:12, 333:10, 333:24,
342:21, 342:22, 344:15,
344:16, 348:8, 350:6,
350:15, 350:23, 351:15,
354:17, 357:16, 357:20,
360:6, 362:15, 367:4, 369:3,
370:6, 372:8, 372:19,
374:16, 375:21, 376:22,
377:4, 378:18, 378:23,
378:24, 381:13
correctly [4] - 317:11,
317:12, 317:13, 317:14
Couch [10] - 346:20, 355:3,
356:4, 356:10, 356:17,
357:10, 369:6, 369:13,
370:2, 371:13
Counsel [6] - 241:3, 241:5,
241:7, 265:6, 362:1, 376:15
counter [1] - 264:22
counting [2] - 278:13,
282:7
COUNTY [1] - 383:5
couple [5] - 323:4, 343:9,
359:15, 379:8, 380:7
course [5] - 253:1, 253:2,
290:10, 307:7, 335:14
courses [9] - 256:23, 257:3,
257:10, 257:14, 257:16,
257:18, 282:22, 290:12,
338:24
COURT [1] - 240:24
Court [1] - 263:1
courtesy [1] - 343:23
craftsmanship [1] - 314:16
create [1] - 263:12
created [3] - 302:24,
306:14, 311:1
creating [1] - 311:5
credibility [2] - 296:4,
299:2
critical [2] - 257:1, 302:19
cross [3] - 359:14, 371:7,
371:10
CROSS [3] - 242:2, 243:20,

359:17
Cross [1] - 243:9
cROSS-EXAMINATION [1]
- 371:10
Cross-Examination [1] 243:9
CROSS-EXAMINATION [2]
- 243:20, 359:17
cull [1] - 261:9
curriculum [5] - 255:15,
255:16, 256:22, 260:19,
307:8
curriculums [1] - 311:1
D
D-i-s-a-r-e [1] - 272:20
data [1] - 312:23
date [10] - 281:14, 307:22,
319:15, 323:5, 333:19,
346:13, 351:5, 369:5,
380:15, 382:1
dated [5] - 348:18, 357:10,
361:12, 362:10, 366:21
days [8] - 258:8, 299:19,
379:19, 379:20, 380:4,
380:15, 380:17, 381:10
deal [4] - 243:11, 312:12,
374:15, 375:7
dealing [2] - 347:15, 361:17
dealt [1] - 303:10
DEAN [3] - 240:24, 363:6,
363:9
Dean [138] - 243:6, 243:22,
244:12, 244:17, 244:22,
247:22, 252:18, 258:18,
259:16, 259:24, 260:3,
260:6, 260:15, 261:17,
261:20, 261:21, 261:22,
262:1, 262:2, 262:5, 262:7,
262:9, 262:11, 263:9,
263:12, 264:3, 265:7, 266:8,
267:22, 267:23, 267:24,
268:4, 268:5, 268:12,
271:23, 273:1, 273:8,
273:12, 273:15, 274:24,
278:5, 278:6, 278:9, 282:3,
283:20, 285:19, 286:6,
286:18, 289:2, 289:3,
290:11, 292:1, 292:6,
293:22, 294:16, 295:13,
297:1, 298:4, 298:18, 299:6,
301:15, 302:2, 302:5, 302:7,
302:13, 302:22, 306:12,
306:14, 307:1, 307:5, 307:6,
308:14, 309:15, 310:9,
312:22, 312:24, 313:2,
313:3, 313:4, 314:5, 318:4,
5
332:3, 334:18, 341:2, 341:5,
349:22, 349:23, 350:17,
350:21, 351:7, 351:9,
353:17, 354:15, 357:4,
357:19, 359:1, 362:8,
365:13, 365:19, 366:3,
366:7, 366:9, 366:14,
366:16, 367:8, 367:10,
367:14, 367:19, 367:21,
368:3, 368:4, 368:11,
368:13, 368:21, 368:23,
369:11, 369:16, 369:17,
369:18, 369:21, 371:15,
372:1, 372:9, 372:15,
373:15, 373:20, 374:7,
374:10, 374:11, 374:13,
374:22, 375:4, 375:8,
375:14, 375:15
dean [9] - 247:8, 249:6,
258:19, 258:24, 262:19,
265:23, 310:1, 310:2, 311:2
Dean's [21] - 251:11, 299:1,
327:3, 344:18, 349:6, 352:2,
352:24, 353:22, 354:3,
354:22, 357:3, 358:16,
358:17, 359:1, 366:13,
368:19, 369:22, 370:1,
370:8, 370:11, 375:17
dean-ing [1] - 310:1
deans [2] - 260:4, 310:4
Deans [4] - 295:6, 295:14,
328:22, 330:23
December [1] - 365:16
decide [4] - 260:19, 267:21,
267:23, 268:13
decided [5] - 307:13, 326:5,
376:21, 377:23, 378:2
decider [1] - 302:13
deciding [1] - 295:11
decision [14] - 268:9,
274:22, 292:15, 294:19,
294:23, 296:3, 296:6,
296:19, 301:12, 302:8,
302:12, 307:15, 309:24,
312:16
decision-making [1] 309:24
decisions [4] - 268:2,
298:5, 302:3, 311:23
decline [1] - 334:8
deemed [1] - 248:14
deeper [2] - 253:11, 298:7
Defamation [1] - 323:7
defense [1] - 264:19
deficits [1] - 320:20
define [1] - 269:10
defining [1] - 278:21
definition [1] - 278:23
degree [2] - 300:17, 300:22
delays [1] - 380:21
deliberate [2] - 281:8

deliver [1] - 255:16
delivered [1] - 256:17
delve [1] - 298:7
demand [1] - 331:4
demanding [1] - 354:15
demeanor [1] - 382:5
departments [1] - 366:5
derogatory [1] - 317:6
describe [1] - 361:10
described [3] - 267:16,
271:6, 317:10
describes [1] - 362:12
describing [1] - 362:3
DESCRIPTION [1] - 242:10
description [1] - 274:20
designated [1] - 304:16
designation [2] - 269:15,
269:16
designed [1] - 280:22
desire [1] - 289:17
desk [1] - 255:13
detail [1] - 375:3
detailed [1] - 342:6
detailing [2] - 262:20, 266:1
details [1] - 373:8
determination [6] - 267:24,
275:13, 276:11, 277:14,
296:12, 296:14
determinations [1] - 295:11
determine [6] - 253:14,
265:1, 283:14, 295:10,
297:14, 314:20
determines [2] - 260:15,
260:17
development [1] - 365:23
dictated [1] - 277:20
different [14] - 271:6,
271:8, 271:10, 280:18,
291:19, 292:19, 294:11,
297:11, 301:1, 301:18,
302:15, 303:1, 312:11, 377:7
difficult [3] - 256:9, 258:2,
300:22
difficulty [1] - 374:24
direct [7] - 251:6, 270:10,
294:7, 296:23, 322:19,
360:10, 360:16
Direct [9] - 243:8, 297:10,
298:23, 300:3, 300:5, 300:7,
300:10, 330:7
DIRECT [3] - 242:2, 346:3,
365:8
directing [1] - 369:4
direction [3] - 286:22,
306:1, 377:8
directly [1] - 294:23
director [2] - 287:21,
346:10
Director [46] - 244:2, 245:6,

253:21, 253:24, 255:12,
272:6, 274:3, 275:15, 276:2,
276:6, 276:8, 276:13,
281:20, 281:23, 282:6,
282:14, 283:13, 284:7,
284:22, 285:3, 285:4, 285:7,
285:8, 286:11, 286:12,
287:21, 288:22, 289:22,
290:1, 290:4, 290:14,
290:19, 313:8, 313:13,
313:24, 322:16, 333:12,
334:10, 334:23, 343:22,
346:8, 346:11, 346:18,
346:19, 347:2, 347:10
Directors [1] - 346:24
directorship [2] - 288:24,
289:9
directory [1] - 261:6
disagree [1] - 252:14
disagreement [1] - 286:5
Disare [2] - 272:16, 272:20
disclose [1] - 377:16
discuss [14] - 246:20,
261:13, 274:13, 274:17,
280:12, 283:10, 283:11,
289:15, 289:16, 348:21,
350:17, 367:19, 373:2, 379:6
discussed [6] - 287:16,
289:5, 307:16, 308:3,
344:24, 354:8
discussing [3] - 275:6,
284:3, 349:2
Discussion [4] - 245:24,
361:5, 361:22, 381:19
discussion [18] - 284:23,
297:19, 297:21, 298:9,
304:17, 307:12, 311:20,
331:14, 345:9, 348:24,
350:14, 351:24, 352:22,
353:16, 354:6, 354:21,
362:1, 376:18
discussions [2] - 332:6,
332:8
dismissal [2] - 277:8, 357:5
dispute [1] - 286:1
distinction [1] - 257:18
Document [4] - 242:12,
242:14, 242:16, 242:19
document [30] - 246:3,
246:8, 246:22, 247:16,
247:20, 247:24, 249:6,
249:13, 304:5, 304:6, 305:1,
307:6, 319:14, 323:3,
323:12, 332:12, 332:14,
332:20, 333:2, 333:7, 333:8,
341:21, 342:15, 342:18,
342:19, 356:14, 361:7,
361:11
documentation [2] - 313:2,
342:24
documents [5] - 270:23,
303:23, 311:8, 361:8, 362:3
done [13] - 266:16, 306:9,
307:5, 317:3, 327:18, 343:9,
344:22, 357:24, 358:21,
373:23, 379:1, 379:17, 381:5
door [10] - 281:19, 294:8,
299:24, 300:8, 300:13,
317:9, 322:16, 360:17,
360:18, 375:20
dossier [13] - 284:4, 284:6,
284:8, 284:11, 284:15,
284:17, 284:19, 284:21,
285:2, 285:9, 286:14,
287:19, 287:22
doubled [1] - 335:20
doubling [1] - 335:21
down [16] - 253:13, 258:23,
259:12, 282:13, 294:11,
296:1, 301:3, 303:22,
305:12, 357:3, 367:19,
369:11, 369:22, 371:14,
372:1, 373:22
draw [2] - 249:13, 333:22
drawing [1] - 303:16
drawn [1] - 307:4
drew [1] - 303:14
dual [2] - 374:8, 374:20
due [5] - 275:10, 380:11,
380:14, 380:16, 382:1
duly [4] - 243:18, 345:18,
364:23, 383:10
duration [1] - 336:15
during [9] - 259:12, 331:12,
334:17, 351:23, 352:22,
353:4, 353:10, 372:22,
377:19
duties [7] - 260:6, 347:11,
365:18, 374:13, 375:3,
375:10, 375:11
duty [1] - 315:7
duty-bound [1] - 315:7
E
e-mail [43] - 308:13, 308:19,
309:6, 323:14, 323:17,
324:2, 329:21, 330:10,
330:16, 330:19, 330:24,
331:1, 331:5, 331:9, 348:16,
348:22, 349:15, 349:22,
350:8, 350:19, 350:21,
351:7, 351:10, 353:19,
356:17, 357:9, 358:3, 358:8,
359:19, 359:21, 366:21,
366:23, 367:5, 367:6,
368:12, 368:24, 369:15,
371:18, 371:19, 371:20,
6
373:4, 373:5, 373:7
e-mailed [1] - 324:8
e-mails [7] - 242:16,
311:14, 311:17, 312:3,
323:5, 329:17, 346:22
early [2] - 369:4, 371:12
ears [1] - 278:12
eat [1] - 345:4
educate [1] - 320:21
education [1] - 256:1
effect [1] - 357:22
effective [1] - 330:21
effort [2] - 309:4, 381:2
egregious [1] - 333:17
eight [2] - 244:9, 336:23
either [6] - 271:14, 281:7,
334:7, 358:18, 359:1, 370:7
elected [1] - 261:4
eligible [2] - 269:19, 280:4
emphatic [1] - 369:23
Empire [1] - 241:5
employed [7] - 325:8,
325:10, 339:10, 346:5,
346:7, 365:10, 365:12
employee [4] - 270:12,
294:17, 347:19, 363:14
Employee [10] - 241:5,
314:10, 314:12, 328:18,
329:5, 346:8, 346:18,
346:24, 347:3, 347:10
employees [4] - 296:16,
297:2, 327:21, 347:15
employment [4] - 264:17,
278:22, 289:20, 353:1
EMPLOYMENT [1] - 240:3
Employment [1] - 240:14
en [1] - 326:1
encourage [2] - 337:17,
337:19
end [4] - 320:18, 351:14,
353:9, 353:19
engaged [1] - 297:13
enhancing [1] - 305:20
enter [2] - 322:3, 324:15
entered [8] - 262:18,
265:22, 266:14, 319:10,
322:10, 324:21, 326:6,
362:13
entering [2] - 262:19,
265:24
entire [1] - 316:12
entirely [2] - 297:3, 297:4
entitled [1] - 240:18
equals [3] - 321:5, 321:6,
321:8
especially [1] - 256:13
ESQ [3] - 240:20, 241:3,
241:6
essence [1] - 366:6
essentially [1] - 375:11
Essjay [1] - 241:2

establish [2] - 249:1,
307:18
et [2] - 295:14, 340:4
evaluation [1] - 326:5
event [2] - 248:19, 294:8
eventually [2] - 341:14,
342:4
EVID [1] - 242:10
Evidence [1] - 260:20
evidence [18] - 249:23,
264:16, 279:15, 285:11,
285:16, 286:4, 286:20,
293:21, 296:5, 296:22,
326:12, 340:6, 348:16,
355:23, 356:13, 357:9,
362:14, 366:20
evidence) [3] - 322:12,
324:22, 362:22
evidentiary [1] - 300:1
Ewing [1] - 341:4
EWING [1] - 341:4
exact [4] - 281:13, 307:22,
369:5, 372:5
exactly [7] - 264:9, 266:17,
298:11, 299:13, 313:15,
327:10, 341:13
exam [7] - 247:9, 249:7,
254:23, 257:2, 258:4, 258:6,
258:8
examination [2] - 383:9,
383:10
Examination [2] - 243:8,
243:9
EXAMINATION [5] 243:20, 346:3, 359:17,
365:8, 371:10
examined [3] - 243:19,
345:19, 364:24
example [4] - 260:18,
268:6, 301:21, 375:13
examples [1] - 292:18
except [3] - 249:18, 281:7,
295:16
exception [1] - 250:7
exchange [1] - 323:14
exclusive [1] - 289:3
excuse [1] - 249:21
excused [3] - 344:6,
360:24, 376:3
excused) [3] - 344:9, 361:2,
376:6
executive [1] - 375:22
exercise [1] - 313:5
EXHIBIT [1] - 242:10
Exhibit [14] - 246:2, 246:9,
246:10, 304:12, 315:13,
315:18, 319:18, 319:20,
322:11, 323:8, 324:22,
329:16, 362:12, 362:21
exhibit [4] - 308:14, 317:3,

340:1, 343:1
existence [1] - 285:7
expect [3] - 344:17, 344:20,
367:12
explain [5] - 260:10, 301:6,
301:10, 340:12, 370:14
explanation [1] - 331:13
extent [2] - 265:4, 355:19
extra [2] - 315:16, 329:24
extras [1] - 330:1
F
face [4] - 354:15, 371:14
face-to-face [2] - 354:15,
371:14
fact [19] - 249:2, 251:2,
253:11, 253:14, 264:23,
285:18, 286:19, 293:21,
300:11, 307:17, 311:21,
313:18, 318:22, 330:10,
336:11, 353:12, 354:24,
355:6, 371:17
facts [4] - 285:11, 286:3,
296:22, 326:12
faculties [2] - 309:15,
310:24
faculty [149] - 259:18,
260:7, 260:13, 260:14,
260:16, 260:17, 260:24,
261:1, 261:3, 261:4, 261:13,
261:15, 261:19, 262:4,
264:1, 264:4, 266:10, 267:4,
267:8, 267:9, 267:10,
267:14, 267:19, 267:21,
267:22, 267:23, 268:6,
269:8, 270:13, 271:3, 274:4,
274:5, 274:12, 274:18,
275:21, 275:23, 276:12,
277:5, 278:13, 278:14,
278:16, 278:17, 278:18,
278:19, 278:20, 278:24,
279:11, 279:12, 280:3,
280:4, 280:5, 280:6, 280:8,
280:10, 280:11, 280:12,
280:14, 280:15, 280:16,
280:17, 280:18, 280:19,
280:21, 280:23, 280:24,
281:1, 281:2, 281:4, 281:6,
281:9, 281:10, 281:11,
281:15, 282:1, 282:19,
282:21, 283:3, 283:4, 283:7,
283:8, 283:10, 284:10,
284:11, 284:19, 284:21,
284:23, 284:24, 286:16,
289:6, 290:2, 290:10,
297:18, 304:15, 304:17,
304:18, 306:11, 307:18,
308:15, 309:7, 309:16,
309:17, 309:18, 309:22,

310:3, 310:5, 310:13,
310:19, 311:5, 311:6,
311:10, 311:20, 311:24,
312:5, 312:10, 312:12,
312:13, 312:19, 312:20,
313:17, 321:16, 321:17,
321:22, 322:2, 329:3,
331:10, 331:15, 331:20,
332:5, 332:11, 333:5, 333:9,
334:5, 334:7, 334:14, 335:8,
335:18, 342:23, 351:22,
368:16
Faculty [1] - 277:9
failed [3] - 258:20, 259:19,
289:23
fair [13] - 250:5, 252:11,
253:4, 258:16, 265:18,
270:24, 337:15, 341:23,
364:2, 364:13, 368:1,
377:15, 380:6
fairly [1] - 371:24
fall [2] - 276:13, 282:22
familiar [6] - 243:22, 269:1,
269:4, 288:13, 337:24,
338:10
far [5] - 256:18, 273:14,
291:1, 291:13, 379:1
fault [1] - 251:3
favor [2] - 345:20, 365:1
February [2] - 326:3,
328:23
few [4] - 300:12, 359:6,
371:1, 371:2
fiat [1] - 309:14
fifteen [1] - 368:8
Fifth [1] - 240:15
fifths [1] - 305:11
fifty [5] - 279:2, 279:3,
279:4, 279:6, 279:7
file [1] - 313:6
filed [1] - 382:2
files [1] - 313:5
filter [1] - 366:6
final [4] - 296:3, 296:6,
296:12, 296:14
financial [1] - 366:18
fine [5] - 249:8, 252:22,
330:2, 340:16, 380:2
finish [2] - 362:3, 378:3
firing [5] - 292:13, 293:24,
295:3, 298:20, 301:14
first [37] - 244:7, 249:12,
254:21, 254:23, 255:1,
255:19, 256:11, 256:18,
256:22, 257:2, 257:10,
257:14, 260:14, 272:17,
274:21, 292:2, 307:8, 310:8,
313:12, 314:21, 323:24,
338:2, 345:18, 347:16,
7
347:23, 348:8, 351:24,
352:22, 353:9, 354:10,
354:17, 360:5, 361:12,
362:7, 364:23, 370:4
first-year [1] - 255:19
five [5] - 266:17, 293:6,
337:22, 343:11, 379:20
flesh [1] - 263:17
Floor [1] - 240:15
fly [1] - 299:7
focus [1] - 284:23
follow [5] - 277:16, 354:24,
355:1, 355:4, 355:6
followed [1] - 269:21
following [3] - 304:15,
335:9, 372:3
follows [4] - 243:19,
265:21, 345:19, 364:24
FOR [1] - 242:10
foreclose [1] - 299:8
formal [2] - 262:10, 372:21
formally [1] - 262:3
formed [1] - 305:18
formerly [1] - 275:3
forth [1] - 383:10
forty [1] - 379:20
forty-five [1] - 379:20
Forward [2] - 332:17, 333:3
forward [11] - 304:24,
305:16, 306:10, 307:18,
308:3, 316:22, 331:16,
347:18, 349:3, 349:19,
374:18
forwarded [5] - 349:5,
350:7, 358:6, 366:24, 367:3
foundation [11] - 244:11,
245:13, 245:16, 245:18,
247:21, 248:21, 249:1,
258:1, 273:4, 370:10, 370:13
foundational [4] - 244:16,
256:12, 299:3, 299:5
foundationally [1] - 300:9
four [8] - 245:4, 271:13,
303:8, 307:4, 346:12,
361:12, 362:11, 381:22
frankly [9] - 248:22, 263:3,
285:17, 297:22, 301:1,
377:6, 377:11, 377:15,
379:19
Friday [1] - 380:16
front [4] - 245:1, 247:16,
339:18, 339:21
full [16] - 272:4, 274:13,
275:18, 278:16, 278:19,
278:20, 278:21, 278:22,
278:23, 278:24, 283:16,
288:18, 291:6, 297:18,
334:16
full-time [9] - 278:16,
278:19, 278:20, 278:21,
278:22, 278:23, 278:24,

297:18
future [1] - 305:20
G
gap [2] - 260:20
gatekeeper [1] - 375:20
gather [1] - 348:5
general [2] - 283:4, 354:5
General [1] - 241:5
generally [15] - 251:18,
251:23, 252:2, 252:21,
252:23, 253:1, 253:4,
253:17, 254:3, 254:5,
292:13, 298:24, 347:16,
373:10, 374:16
generate [1] - 303:22
George [5] - 272:16,
272:19, 308:9, 309:3, 316:16
given [9] - 259:15, 260:1,
262:1, 289:19, 305:7, 314:4,
329:24, 368:14, 383:11
global [1] - 381:4
go-to [1] - 360:5
goal [2] - 312:8, 312:9
governance [4] - 280:13,
281:7, 303:8, 321:16
Governor's [1] - 241:5
grab [1] - 246:4
graciously [1] - 324:13
grant [1] - 358:18
grievances [2] - 347:13,
347:14
Group [3] - 242:13, 246:5,
248:3
group [6] - 303:9, 303:10,
303:11, 303:13, 303:18,
303:20
groups [7] - 303:4, 303:5,
303:8, 303:15, 303:21,
303:24
guess [6] - 286:9, 319:6,
343:2, 368:7, 380:11, 381:5
guys [1] - 317:16
H
H-a-y-n-e-s [1] - 339:4
H-e-z-e-l [1] - 272:19
half [2] - 347:20
hall [1] - 281:18
halls [1] - 317:22
hand [5] - 248:23, 264:10,
264:14, 355:14, 383:18
handed [2] - 246:14, 315:18
handing [1] - 331:7
handle [1] - 329:6
handled [3] - 367:10,

367:15, 367:17
handles [3] - 301:14,
366:17, 366:18
harassed [1] - 329:4
HAYNES [1] - 361:15
Haynes [4] - 339:1, 339:3,
339:4, 361:14
head) [1] - 269:24
hear [2] - 256:4, 331:22
heard [5] - 252:19, 297:15,
297:17, 349:11, 354:1
Hearing [1] - 240:14
hearing [2] - 240:18, 243:5
hearings [1] - 355:19
hears [1] - 310:19
hearsay [7] - 355:13,
355:15, 355:16, 355:18,
355:21
heated [3] - 333:13, 333:14,
333:15
held [13] - 245:24, 269:12,
270:1, 270:22, 270:23,
275:3, 276:15, 276:21,
291:4, 291:20, 346:9, 361:5,
361:22
help [7] - 255:16, 260:7,
260:8, 312:9, 318:2, 318:18,
322:20
hereby [1] - 383:8
herein [1] - 383:10
hereunto [1] - 383:17
Hezel [2] - 272:16, 272:19
himself [1] - 296:3
hire [6] - 260:7, 260:8,
260:16, 260:23, 268:22,
271:20
hired [15] - 244:8, 260:18,
267:5, 271:22, 271:24,
272:6, 278:5, 335:19,
337:22, 338:11, 339:3,
339:11, 339:16, 340:2
hires [1] - 278:3
hiring [13] - 260:11, 260:12,
263:24, 264:1, 271:2, 271:5,
292:13, 293:23, 295:3,
297:24, 298:20, 301:14,
334:23
history [1] - 270:21
hold [8] - 270:2, 272:11,
275:14, 291:19, 291:22,
291:23, 326:13, 358:9
holdovers [1] - 339:2
holds [1] - 273:18
HOLES [1] - 247:1
home [3] - 322:20, 355:3,
382:6
hOMES [1] - 353:6
HOMES [95] - 241:6,
244:10, 244:15, 245:12,
246:15, 246:19, 247:4,

247:19, 249:21, 250:3,
250:13, 251:9, 251:24,
252:14, 252:17, 252:21,
255:22, 256:3, 257:4,
262:23, 263:19, 264:1,
264:9, 264:11, 265:16,
270:19, 273:3, 279:14,
285:10, 286:8, 287:8,
287:11, 292:23, 293:3,
293:8, 293:17, 293:20,
294:5, 295:16, 296:20,
298:12, 299:16, 299:21,
305:6, 317:12, 317:14,
318:5, 318:10, 319:22,
320:1, 320:9, 322:6, 323:23,
324:18, 326:11, 327:1,
329:23, 332:13, 340:5,
340:11, 341:7, 341:10,
341:21, 344:4, 344:16,
344:20, 345:14, 346:1,
346:4, 352:11, 352:18,
356:3, 359:4, 360:9, 360:13,
360:23, 362:18, 363:2,
363:8, 363:10, 364:3,
364:10, 364:18, 365:6,
365:9, 368:2, 370:21, 376:2,
376:9, 376:12, 376:23,
377:9, 377:24, 378:12, 380:3
honest [2] - 298:10, 299:13
Honor [16] - 245:20,
258:15, 270:19, 287:12,
296:20, 308:13, 330:1,
340:6, 344:16, 346:2, 356:2,
362:18, 364:8, 365:7, 378:1,
379:15
hopefully [2] - 310:6, 312:9
hostile [1] - 300:21
house [2] - 343:23, 374:15
housecleaning [1] - 243:11
housekeeping [1] - 363:1
HR [1] - 366:19
hundred [1] - 278:22
hungry [1] - 344:12
I
i's [1] - 305:5
i.e [1] - 377:17
ID [3] - 242:10, 246:8,
319:17
idea [2] - 341:19, 381:15
identification [4] - 319:13,
322:8, 323:2, 362:22
identification) [3] - 246:10,
319:21, 323:8
iii [1] - 305:12
imagination [1] - 248:15
imagine [1] - 375:6
8
immediately [2] - 289:18,
322:17
impact [4] - 290:1, 290:22,
290:23, 313:16
impacts [1] - 255:8
impeach [2] - 299:1, 302:5
implement [2] - 304:13,
306:12
implemented [2] - 309:11,
309:13
implementing [1] - 311:4
important [3] - 256:19,
327:20, 331:15
impression [1] - 359:3
IN [2] - 242:10, 383:17
in-house [1] - 343:23
inclined [2] - 248:22,
377:10
include [1] - 280:23
included [2] - 256:23,
302:14
includes [2] - 247:13,
284:17
including [3] - 264:18,
295:3, 316:11
incompetence [1] - 251:16
incorrect [2] - 311:8,
331:24
increase [1] - 281:24
increased [4] - 281:21,
335:21, 336:2, 336:12
increments [1] - 336:9
indefinite [2] - 259:16,
260:2
indefinitely [1] - 277:10
independent [1] - 295:1
indicate [3] - 244:12, 350:3,
358:24
indicated [17] - 258:19,
259:15, 260:6, 350:16,
351:9, 356:7, 356:8, 357:1,
357:22, 358:13, 358:16,
358:19, 358:20, 376:24,
380:23, 381:21
indicating [1] - 312:3
indication [2] - 353:12,
353:21
indicative [1] - 311:15
indicator [1] - 249:2
individual [1] - 321:22
influence [2] - 255:8, 256:1
influenced [1] - 254:22
inform [1] - 367:7
informal [6] - 347:22,
348:1, 348:6, 348:11, 354:9,
357:14
Information [1] - 366:1
information [10] - 247:8,
247:11, 247:23, 284:17,
318:3, 318:6, 320:15,
321:20, 322:1, 373:11

informed [2] - 354:14,
357:5
infrastructure [1] - 303:7
ing [1] - 310:1
initial [2] - 268:22, 271:20
input [3] - 256:7, 368:10,
375:18
instance [2] - 292:20, 368:6
instruction [3] - 309:21,
332:4, 332:24
instructor [9] - 290:6,
290:15, 290:20, 314:2,
321:10, 328:20, 338:18,
363:4, 363:11
instructors [22] - 255:9,
281:17, 281:21, 325:1,
325:10, 327:4, 327:10,
328:24, 329:2, 334:19,
334:24, 335:15, 336:22,
337:2, 337:8, 337:22,
337:24, 338:16, 339:2,
339:11, 342:1, 343:21
instructors' [1] - 327:18
insulated [1] - 294:19
intended [1] - 378:20
intent [2] - 352:2, 352:24
interested [2] - 353:18,
383:15
interim [3] - 310:9, 312:22,
362:8
Interim [1] - 312:24
internal [2] - 287:16,
295:12
Internet [3] - 242:12, 246:4,
248:2
interpose [1] - 246:16
interpretation [2] - 276:19,
342:18
interview [3] - 261:12,
340:3, 340:4
interviewed [1] - 261:13
introduce [3] - 258:15,
270:9, 307:7
introduced [2] - 270:3,
270:20
invite [1] - 261:11
involve [2] - 312:19, 355:20
involved [18] - 267:1,
267:13, 271:17, 272:8,
272:13, 272:24, 273:2,
273:8, 273:12, 273:17,
273:20, 274:6, 294:23,
296:15, 296:17, 302:7,
309:23, 338:20
involvement [3] - 261:23,
302:1, 377:18
involves [1] - 309:17
involving [1] - 374:17
irrelevant [8] - 245:13,
250:14, 250:19, 252:1,

264:13, 294:7, 298:23,
360:16
issue [22] - 262:22, 263:22,
266:3, 266:19, 266:22,
291:10, 291:11, 295:4,
328:6, 344:24, 349:8, 350:4,
350:5, 350:17, 350:18,
354:8, 358:12, 360:8,
367:20, 368:3, 368:20,
374:17
issued [2] - 278:9, 340:20
issues [10] - 263:14,
275:13, 283:11, 295:3,
347:19, 360:13, 360:14,
370:16, 370:19, 375:8
issuing [1] - 314:6
IT [2] - 365:23, 365:24
item [2] - 291:8, 354:17
items [3] - 334:5, 369:20,
372:17
itself [5] - 303:4, 314:14,
314:15, 341:22, 342:16
J
JAMES [3] - 242:6, 364:21,
365:4
James [2] - 364:19, 365:3
Jeff [45] - 244:2, 251:17,
275:1, 275:3, 276:11,
283:12, 289:22, 290:3,
290:4, 290:19, 291:1,
303:13, 306:18, 312:23,
313:1, 313:6, 313:18,
314:24, 320:23, 321:9,
321:15, 329:1, 329:4,
329:20, 330:10, 334:9,
343:22, 351:8, 352:23,
357:5, 367:6, 368:11,
368:16, 368:22, 368:23,
369:10, 369:21, 370:19,
371:24, 372:3, 372:6, 372:8,
373:13
Jeff's [3] - 281:20, 329:9,
341:16
Jeffery [1] - 327:5
JEFFREY [3] - 242:5,
345:16, 345:22
Jeffrey [13] - 242:14, 293:4,
319:15, 327:2, 345:14,
345:22, 348:18, 350:22,
354:8, 357:2, 366:24, 369:7,
370:16
Jennifer [4] - 363:6,
363:10, 364:5
jeopardy [4] - 353:13,
353:23, 354:4
Jim [17] - 294:18, 349:16,
349:17, 350:8, 350:9, 351:1,

354:2, 354:24, 355:4, 355:7,
355:9, 356:5, 356:7, 357:2,
357:3, 358:14
job [8] - 261:15, 274:20,
290:15, 374:21, 374:23,
374:24, 380:20
Johanna [2] - 338:16,
339:13
Joint [15] - 315:13, 315:18,
329:16, 330:4, 331:6, 331:8,
340:5, 348:16, 348:22,
349:3, 349:15, 349:22,
350:7, 357:9, 366:20
joked [1] - 348:2
jot [1] - 373:22
judge [1] - 378:13
Judge [2] - 240:20, 249:4
JUDGE [152] - 243:2,
243:13, 244:12, 244:20,
245:19, 245:22, 246:1,
246:12, 246:17, 246:23,
247:2, 247:6, 248:21, 250:5,
250:21, 251:13, 252:4,
252:16, 252:19, 252:22,
255:23, 257:8, 258:13,
258:16, 263:6, 263:18,
263:23, 264:5, 264:10,
264:14, 265:18, 266:4,
270:24, 272:17, 278:10,
279:21, 285:17, 286:21,
287:3, 287:9, 292:8, 293:2,
293:6, 293:10, 293:18,
294:3, 294:12, 295:9,
295:21, 296:9, 297:6, 298:9,
299:10, 299:18, 300:15,
301:24, 302:9, 302:20,
305:9, 305:11, 308:18,
308:22, 315:11, 315:14,
315:17, 318:12, 319:5,
319:9, 319:24, 320:2, 320:7,
320:11, 322:5, 322:7,
322:23, 323:1, 323:10,
324:17, 324:19, 324:24,
326:13, 329:17, 330:2,
331:7, 340:8, 340:12,
341:23, 343:11, 343:15,
344:3, 344:5, 344:8, 344:10,
344:17, 344:22, 345:7,
345:20, 345:24, 347:7,
352:9, 352:13, 352:15,
352:20, 353:4, 355:14,
358:9, 359:5, 359:10,
359:13, 360:11, 360:18,
360:22, 360:24, 361:3,
361:6, 361:21, 361:23,
362:19, 362:24, 363:21,
364:2, 364:6, 364:9, 364:13,
364:16, 365:1, 365:5, 368:1,
370:12, 370:24, 371:4,
9
371:6, 374:3, 374:5, 376:1,
376:3, 376:7, 376:11,
376:13, 377:4, 377:11,
378:7, 378:18, 379:7,
379:12, 379:16, 379:24,
380:6, 380:10, 381:9,
381:13, 381:20
July [2] - 361:12, 362:10
jump [1] - 371:1
Jump [1] - 243:13
jumped [2] - 245:3, 245:15
jumping [3] - 244:14,
247:5, 379:3
June [5] - 308:16, 308:18,
357:14, 358:1, 359:20
K
Kannar [5] - 308:9, 309:4,
310:18, 311:18, 316:16
Kannar's [1] - 308:15
keep [2] - 278:10, 288:4
keeping [1] - 287:3
keeps [1] - 285:21
Kendra [2] - 361:17, 362:6
KENNETH [1] - 240:20
kind [4] - 280:5, 306:9,
321:12, 340:18
knowing [1] - 250:23
knowledge [6] - 251:7,
252:3, 252:10, 252:12,
263:4, 295:1
knows [2] - 244:17, 370:10
L
l's [1] - 361:14
labor [2] - 347:22, 348:2
labor-management [2] 347:22, 348:2
lack [2] - 247:20, 273:4
lagged [5] - 253:17, 253:20,
253:21, 254:1, 254:4
language [1] - 309:20
largely [1] - 366:18
last [6] - 252:24, 254:3,
293:11, 330:6, 362:5, 362:9
lasts [1] - 336:23
Laura [3] - 338:18, 339:4,
361:15
LAW [152] - 243:2, 243:13,
244:12, 244:20, 245:19,
245:22, 246:1, 246:12,
246:17, 246:23, 247:2,
247:6, 248:21, 250:5,
250:21, 251:13, 252:4,
252:16, 252:19, 252:22,
255:23, 257:8, 258:13,
258:16, 263:6, 263:18,
263:23, 264:5, 264:10,

264:14, 265:18, 266:4,
270:24, 272:17, 278:10,
279:21, 285:17, 286:21,
287:3, 287:9, 292:8, 293:2,
293:6, 293:10, 293:18,
294:3, 294:12, 295:9,
295:21, 296:9, 297:6, 298:9,
299:10, 299:18, 300:15,
301:24, 302:9, 302:20,
305:9, 305:11, 308:18,
308:22, 315:11, 315:14,
315:17, 318:12, 319:5,
319:9, 319:24, 320:2, 320:7,
320:11, 322:5, 322:7,
322:23, 323:1, 323:10,
324:17, 324:19, 324:24,
326:13, 329:17, 330:2,
331:7, 340:8, 340:12,
341:23, 343:11, 343:15,
344:3, 344:5, 344:8, 344:10,
344:17, 344:22, 345:7,
345:20, 345:24, 347:7,
352:9, 352:13, 352:15,
352:20, 353:4, 355:14,
358:9, 359:5, 359:10,
359:13, 360:11, 360:18,
360:22, 360:24, 361:3,
361:6, 361:21, 361:23,
362:19, 362:24, 363:21,
364:2, 364:6, 364:9, 364:13,
364:16, 365:1, 365:5, 368:1,
370:12, 370:24, 371:4,
371:6, 374:3, 374:5, 376:1,
376:3, 376:7, 376:11,
376:13, 377:4, 377:11,
378:7, 378:18, 379:7,
379:12, 379:16, 379:24,
380:6, 380:10, 381:9,
381:13, 381:20
law [18] - 249:10, 253:6,
253:10, 253:18, 254:11,
256:11, 256:12, 256:20,
256:21, 256:22, 256:24,
257:13, 257:15, 257:19,
257:22, 301:19, 321:11,
328:17
Law [49] - 240:20, 243:23,
246:7, 247:8, 251:20, 256:1,
256:20, 260:16, 260:20,
261:7, 261:11, 267:5,
271:15, 273:9, 277:6, 278:4,
279:1, 280:13, 282:18,
287:19, 305:13, 305:15,
311:2, 313:19, 316:22,
317:7, 321:16, 322:18,
327:19, 335:3, 335:4, 335:9,
338:15, 338:21, 338:23,
338:24, 339:6, 339:9,
339:10, 339:13, 339:14,
349:8, 352:3, 353:2, 360:3,
365:12, 365:15, 365:22,

375:12
lawsuit [1] - 263:1
lawyer [2] - 314:19, 314:20
lawyers [2] - 257:24, 258:3
lead [3] - 285:22, 301:4,
310:13
leading [3] - 300:18,
300:20, 311:24
least [7] - 297:19, 309:22,
335:22, 343:16, 344:23,
379:17, 380:4
leave [1] - 359:2
lecturer [2] - 269:14, 294:4
lecturers [2] - 271:3,
335:19
left [3] - 243:7, 304:20,
339:14
legal [10] - 256:15, 257:17,
257:20, 257:23, 258:1,
314:16, 314:22, 381:1
Legal [11] - 242:12, 246:4,
248:2, 275:15, 283:13,
284:7, 307:19, 308:3,
313:20, 341:2, 343:24
legality [1] - 264:2
legally [1] - 327:23
legitimate [1] - 264:19
length [1] - 336:12
less [1] - 377:9
letter [46] - 262:6, 262:8,
262:9, 262:20, 262:22,
263:15, 264:3, 266:1, 266:3,
266:19, 266:23, 268:10,
268:14, 268:18, 292:2,
296:8, 313:1, 314:3, 314:6,
314:8, 314:14, 314:21,
314:24, 315:5, 315:8,
315:13, 315:14, 315:21,
315:23, 316:6, 316:10,
326:23, 337:5, 341:16,
341:20, 342:6, 342:7, 342:8,
362:9, 363:5, 363:13,
380:13, 381:24, 382:1
Letters [1] - 242:20
letters [14] - 263:9, 270:4,
326:7, 327:2, 327:13, 328:7,
342:2, 342:3, 342:4, 361:11,
361:16, 362:5, 362:8, 362:11
letting [2] - 292:14, 309:22
levels [2] - 301:17, 355:20
lie [1] - 351:19
likely [1] - 268:8
line [3] - 269:5, 297:4,
297:6
lines [1] - 266:13
list [11] - 250:6, 261:7,
261:9, 326:9, 326:15,
339:18, 339:21, 339:23,
340:2, 340:6, 372:18
listed [2] - 249:9, 313:10

lists [3] - 247:17, 249:18,
249:24
litigate [2] - 264:8, 264:12
lives [1] - 335:9
LOCAL [1] - 240:7
logic [1] - 257:22
long-term [2] - 277:10,
340:17
look [12] - 248:10, 253:9,
260:19, 261:10, 264:16,
264:24, 309:2, 330:18,
332:16, 335:6, 341:20, 362:2
looking [9] - 249:16, 261:5,
277:3, 304:11, 308:13,
315:11, 323:14, 329:15,
380:19
low [1] - 251:4
lunch [3] - 338:12, 345:8,
345:10
luncheon [1] - 345:6
LYNN [1] - 241:6
M
mail [43] - 308:13, 308:19,
309:6, 323:14, 323:17,
324:2, 329:21, 330:10,
330:16, 330:19, 330:24,
331:1, 331:5, 331:9, 348:16,
348:22, 349:15, 349:22,
350:8, 350:19, 350:21,
351:7, 351:10, 353:19,
356:17, 357:9, 358:3, 358:8,
359:19, 359:21, 366:21,
366:23, 367:5, 367:6,
368:12, 368:24, 369:15,
371:18, 371:19, 371:20,
373:4, 373:5, 373:7
mailed [1] - 324:8
mails [7] - 242:16, 311:14,
311:17, 312:3, 323:5,
329:17, 346:22
Main [1] - 240:14
majority [1] - 277:11
Makau [2] - 242:14, 319:15
MAKAU [2] - 242:4, 243:16
malkan [7] - 275:13,
285:18, 286:14, 298:2,
301:9, 317:17, 351:12
Malkan [62] - 242:17, 245:6,
251:17, 252:9, 254:18,
263:9, 270:1, 270:2, 270:22,
273:18, 277:15, 283:1,
283:12, 284:5, 284:6, 285:3,
285:13, 286:7, 288:22,
289:18, 289:22, 290:3,
295:17, 295:20, 303:13,
306:18, 313:19, 314:4,
10
316:3, 317:2, 318:2, 318:14,
321:9, 321:15, 323:6,
323:15, 323:17, 327:2,
327:6, 328:10, 329:4,
333:11, 333:13, 348:18,
350:22, 351:8, 352:3, 354:8,
354:16, 357:1, 357:2,
368:12, 368:16, 369:7,
369:21, 370:16, 370:19,
371:24, 373:14, 374:17,
375:7, 380:19
malkan's [2] - 285:9,
353:13
Malkan's [18] - 251:3,
253:21, 253:24, 270:16,
276:11, 285:9, 287:17,
290:4, 312:23, 313:1, 313:6,
317:7, 317:10, 326:10,
329:20, 337:4, 353:1, 354:3
Management [1] - 366:17
management [2] - 347:22,
348:2
mandatory [4] - 256:23,
257:3, 257:11, 312:13
Mangold [1] - 288:11
map [1] - 332:3
March [9] - 323:5, 328:24,
329:18, 331:8, 347:4,
348:18, 351:24, 352:23,
366:21
Margaret [1] - 361:14
marked [13] - 246:10,
319:5, 319:11, 319:17,
319:21, 322:8, 322:9,
322:23, 323:8, 324:20,
324:21, 362:13, 362:21
marking [4] - 246:2, 246:8,
319:12, 323:1
Marlene [19] - 265:19,
294:18, 349:6, 349:9,
349:16, 349:21, 350:2,
350:4, 350:5, 355:15, 360:3,
364:4, 366:15, 366:16,
367:3, 367:9, 367:12,
381:21, 383:7
marriage [1] - 383:15
married [1] - 346:23
massage [1] - 358:17
massaging [1] - 309:17
masse [1] - 326:1
master [1] - 282:17
material [1] - 316:12
materially [1] - 316:20
Matter [1] - 240:5
matter [11] - 240:18, 264:6,
277:22, 307:16, 345:9,
351:18, 358:4, 367:8,
367:10, 368:11, 383:16
matters [11] - 347:14,
356:19, 366:4, 366:10,
366:12, 366:18, 366:19,

368:8, 374:22, 374:23,
375:12
mean [16] - 254:6, 254:9,
258:6, 269:11, 278:18,
282:20, 282:21, 297:8,
299:24, 311:16, 311:17,
314:14, 317:17, 327:17,
372:6, 373:9
meaning [1] - 260:22
meaningless [1] - 337:1
meant [1] - 333:8
meet [5] - 274:13, 274:17,
275:2, 368:4, 372:11
meeting [59] - 273:20,
275:6, 275:8, 277:12, 280:4,
280:5, 280:19, 281:2, 283:3,
283:4, 283:8, 283:10,
283:19, 283:22, 283:23,
284:2, 285:4, 285:5, 286:17,
287:16, 288:1, 288:6,
288:10, 288:20, 291:4,
291:13, 291:19, 291:22,
306:5, 322:2, 322:15,
333:12, 333:18, 333:20,
333:22, 334:6, 334:10,
334:15, 334:16, 348:15,
349:12, 349:14, 354:9,
354:16, 356:8, 357:15,
368:5, 369:11, 369:15,
369:19, 371:14, 372:1,
372:11, 372:13, 372:14,
373:8, 374:18
meetings [25] - 280:3,
280:7, 280:8, 280:10,
280:11, 280:12, 280:15,
280:19, 280:21, 281:1,
281:4, 281:6, 281:7, 281:11,
281:15, 321:17, 347:22,
348:4, 348:6, 348:12, 357:7,
357:14, 373:19, 374:7,
375:22
meets [1] - 274:22
member [11] - 261:1, 262:4,
264:4, 267:22, 267:23,
268:6, 274:18, 276:12,
282:21, 284:10, 290:10
Member [1] - 277:9
member's [1] - 284:24
members [9] - 260:18,
266:10, 267:4, 269:13,
307:4, 321:22, 329:3, 335:3,
335:8
membership [1] - 279:23
memo [1] - 318:22
Memo [1] - 242:14
Memorandum [1] - 319:14
memory [1] - 269:6
mention [1] - 360:11
mentioned [5] - 283:21,
283:22, 331:24, 349:12,

350:19
message [1] - 368:15
met [8] - 274:19, 275:12,
307:24, 309:1, 338:12,
348:11, 348:20, 372:9
mICHAEL [1] - 241:5
mid [1] - 358:1
mid-80s [1] - 254:15
mid-June [1] - 358:1
middle [1] - 247:17
miffed [1] - 377:12
might [2] - 351:21, 372:11
mind [6] - 287:3, 311:23,
316:24, 317:1, 329:10,
329:11
mindful [1] - 368:19
mine [1] - 343:2
minimally [5] - 244:4,
244:5, 244:24, 254:8
minus [1] - 244:6
minute [4] - 293:6, 343:12,
361:19, 379:6
minutes [9] - 288:1, 288:4,
300:12, 343:9, 345:3, 359:6,
371:1, 371:3, 379:8
mischaracterizes [2] 249:22, 251:11
mischaracterizing [1] 279:15
missing [1] - 248:16
mistake [1] - 272:5
mistaken [1] - 251:10
misunderstanding [1] 350:2
mixing [1] - 285:15
Model [1] - 319:17
models [2] - 320:22, 320:24
modification [1] - 316:12
modified [1] - 316:20
moment [7] - 246:20,
292:24, 293:4, 319:22,
361:4, 370:21, 376:10
momentum [1] - 311:6
month [12] - 307:22,
328:13, 336:3, 336:8,
336:13, 336:14, 336:24,
347:23, 348:7, 348:9, 355:2
months [4] - 336:15,
336:18, 336:19, 336:23
morning [5] - 299:19,
301:13, 301:22, 376:15,
376:24
most [4] - 256:19, 261:10,
268:8, 268:24
move [7] - 258:15, 287:1,
302:18, 302:20, 322:3,
324:15, 341:24
moving [2] - 331:16, 355:3
MS [184] - 243:12, 243:21,
244:10, 244:15, 244:23,

245:12, 245:20, 246:15,
246:19, 246:24, 247:1,
247:4, 247:7, 247:19, 249:4,
249:5, 249:21, 249:24,
250:3, 250:8, 250:9, 250:13,
251:9, 251:24, 252:14,
252:17, 252:21, 255:22,
256:3, 257:4, 257:5, 258:14,
258:17, 262:23, 263:8,
263:19, 264:1, 264:9,
264:11, 265:15, 265:16,
266:7, 270:19, 271:1, 273:3,
273:6, 279:14, 280:1,
285:10, 286:8, 287:8,
287:11, 287:13, 287:14,
292:23, 293:3, 293:8,
293:15, 293:17, 293:20,
294:5, 294:14, 295:15,
295:16, 296:2, 296:10,
296:20, 298:3, 298:12,
299:16, 299:21, 301:11,
302:6, 302:18, 302:21,
305:6, 305:10, 305:14,
308:12, 308:20, 315:12,
315:15, 317:12, 317:14,
318:5, 318:10, 319:6,
319:22, 320:1, 320:5, 320:9,
320:13, 320:14, 322:3,
322:6, 322:13, 322:24,
323:23, 324:4, 324:15,
324:18, 326:11, 327:1,
327:7, 327:8, 329:19,
329:23, 330:5, 332:13,
340:5, 340:11, 340:15,
341:7, 341:10, 341:11,
341:21, 343:8, 343:18,
343:20, 344:2, 344:4,
344:16, 344:20, 345:14,
346:1, 346:4, 352:6, 352:11,
352:14, 352:18, 352:21,
353:6, 355:12, 356:2, 356:3,
359:4, 359:8, 359:15,
359:18, 360:9, 360:13,
360:20, 360:23, 361:18,
362:17, 362:18, 363:2,
363:8, 363:10, 363:23,
364:3, 364:8, 364:10,
364:15, 364:18, 365:6,
365:9, 367:22, 368:2, 370:9,
370:21, 371:2, 371:9,
371:11, 374:1, 374:6,
375:24, 376:2, 376:9,
376:12, 376:23, 377:9,
377:24, 378:12, 378:13,
379:5, 379:14, 379:22,
380:2, 380:3, 380:9, 381:7,
381:10, 381:14
multiple [3] - 258:5, 258:8,
355:20
must [1] - 251:6
11
MUTUA [4] - 242:4, 243:16,
363:6, 363:9
Mutua [3] - 242:17, 243:6,
323:6
N
N-e-w-t-o-n [1] - 365:4
name [12] - 272:18, 345:21,
346:23, 350:21, 351:7,
353:18, 354:18, 363:5,
363:10, 365:2, 368:12
name-clearing [3] - 350:21,
351:7, 353:18
names [1] - 280:18
Nan [2] - 339:1, 339:3
NAN [1] - 339:3
national [3] - 337:21,
339:15, 339:19
nature [2] - 286:1, 312:14
necessarily [2] - 287:20,
373:3
need [16] - 243:10, 243:11,
245:15, 260:16, 276:20,
278:10, 293:3, 295:24,
310:21, 311:5, 312:10,
329:24, 357:6, 363:3,
373:12, 379:6
needed [4] - 314:17,
358:21, 358:22, 368:10
needing [1] - 373:23
negligible [1] - 254:8
negotiated [1] - 266:12
negotiations [4] - 259:8,
259:11, 261:17, 262:6
NELSON [1] - 240:24
never [9] - 254:9, 281:18,
291:1, 298:18, 301:15,
302:6, 350:3, 350:5
new [21] - 258:19, 259:21,
259:24, 260:16, 275:9,
289:20, 295:19, 297:3,
297:4, 305:17, 306:1, 307:7,
310:2, 332:3, 337:22,
338:16, 339:17, 340:7,
340:20, 342:4, 355:3
NEW [5] - 240:2, 240:6,
240:10, 241:2, 383:3
New [6] - 240:10, 240:16,
241:2, 241:6, 253:18, 383:8
News [2] - 247:11, 249:11
Newton [18] - 294:18,
349:16, 350:8, 350:9, 351:2,
354:2, 354:24, 355:4, 355:7,
355:9, 356:5, 357:2, 358:15,
364:19, 365:3, 365:10,
371:12
NEWTON [2] - 242:6,
364:21
newton [1] - 371:8

next [5] - 345:12, 349:13,
350:13, 354:7, 377:18
Nils [4] - 258:20, 292:3,
314:3, 341:17
nobody [1] - 291:14
non [27] - 248:8, 268:11,
269:8, 272:12, 277:15,
297:14, 314:24, 316:2,
326:22, 327:2, 327:4, 327:5,
327:10, 327:12, 327:15,
327:21, 327:24, 328:7,
328:8, 328:9, 328:19, 337:4,
339:20, 363:17, 363:18,
365:21, 374:14
non-ABA [1] - 248:8
non-academic [2] - 365:21,
374:14
non-Buffalo [1] - 339:20
non-renew [6] - 277:15,
316:2, 327:10, 327:15,
327:21, 327:24
non-renewal [10] - 297:14,
314:24, 326:22, 327:2,
327:12, 328:7, 328:19,
337:4, 363:17, 363:18
non-renewed [4] - 327:4,
327:5, 328:8, 328:9
non-renewing [1] - 268:11
non-tenure [2] - 269:8,
272:12
nonacademic [1] - 375:6
nonrenewal [8] - 268:2,
275:21, 277:18, 277:22,
293:24, 294:24, 295:12,
315:12
nonrenewals [4] - 275:23,
277:21, 278:8, 292:14
nonunion [2] - 347:19,
347:20
noon [1] - 330:21
normal [1] - 264:17
normally [1] - 287:20
Nostaja [10] - 358:4,
358:11, 370:7, 370:15,
370:18, 376:19, 376:22,
377:2, 377:22, 378:6
Notary [1] - 383:7
note [7] - 332:16, 344:11,
355:17, 367:2, 372:22,
373:4, 376:13
notes [3] - 333:19, 368:9,
373:19
nothing [8] - 243:11,
298:22, 310:20, 331:21,
344:2, 359:4, 360:20, 375:24
Nothing [1] - 370:23
notice [7] - 328:15, 328:16,
363:16, 363:18, 363:24,
364:4, 364:5
Notice [1] - 240:18

noticed [1] - 313:10
notices [1] - 326:22
notified [1] - 353:17
November [1] - 352:12
nowhere [1] - 370:13
number [12] - 247:18,
281:21, 281:24, 282:11,
282:12, 282:16, 284:18,
329:3, 356:19, 361:11,
366:4, 372:22
numbering [1] - 319:8
numbers [17] - 245:1,
245:8, 245:14, 249:2,
250:11, 250:23, 251:19,
251:20, 251:22, 251:23,
252:1, 252:18, 253:5, 253:8,
253:9, 253:16, 282:5
O
o'clock [1] - 344:12
Objection [2] - 352:6,
355:12
objection [36] - 244:10,
245:12, 246:16, 247:19,
249:22, 250:13, 251:9,
251:14, 251:24, 255:22,
257:4, 262:23, 273:3,
279:14, 285:10, 286:9,
293:17, 294:6, 318:5,
318:10, 322:5, 322:6, 322:7,
324:17, 324:18, 324:19,
326:11, 355:16, 355:24,
360:9, 363:21, 364:6,
364:11, 367:22, 370:9, 380:7
obligations [1] - 327:18
obviously [7] - 255:13,
262:9, 285:22, 300:6, 324:7,
324:11, 324:12
occasions [1] - 259:11
occurred [1] - 300:10
OF [4] - 240:2, 240:10,
383:3, 383:5
off-the-record [2] - 361:24,
376:24
offer [7] - 259:12, 261:19,
261:20, 261:21, 262:1,
262:2, 330:17
offered [7] - 246:17,
282:18, 282:23, 330:15,
337:12, 340:3
offers [3] - 258:22, 259:5,
259:6
office [16] - 332:4, 347:12,
347:16, 347:17, 349:6,
353:22, 354:3, 354:22,
357:3, 358:16, 358:18,
358:20, 359:1, 370:8,
370:11, 375:16
Office [1] - 241:5
officially [1] - 346:19
often [1] - 349:2
oftentimes [1] - 368:18
old [2] - 310:4, 339:3
Olsen [4] - 258:20, 292:3,
314:3, 341:17
once [9] - 262:1, 284:1,
287:16, 318:20, 332:3,
348:7, 368:20, 369:12
one [50] - 245:21, 251:4,
255:4, 255:6, 256:16,
256:19, 258:7, 260:6,
260:13, 264:15, 264:24,
267:20, 274:1, 278:23,
287:15, 288:20, 289:9,
294:20, 296:11, 296:19,
301:11, 301:21, 301:22,
310:8, 313:12, 316:5,
319:14, 323:3, 325:2, 326:6,
338:16, 339:2, 339:4, 342:9,
343:16, 343:18, 344:11,
346:24, 348:11, 357:13,
362:9, 363:2, 363:4, 368:7,
368:18, 369:20, 370:21,
374:1, 374:24, 378:8
one-page [1] - 319:14
one-year [1] - 274:1
open [6] - 299:24, 300:13,
337:14, 337:15, 360:16,
360:19
opened [1] - 294:8
opening [2] - 353:4, 353:6
openly [1] - 335:17
opens [1] - 300:8
operate [1] - 310:24
operational [1] - 264:20
opportunity [8] - 248:24,
258:23, 322:1, 362:2,
377:16, 377:21, 378:11,
379:9
opposed [1] - 375:14
order [1] - 373:1
orders [3] - 277:5, 310:8,
313:12
Oreskovic [2] - 338:17,
339:13
organize [1] - 255:15
originally [1] - 308:9
otherwise [3] - 245:17,
297:23, 366:6
ought [1] - 311:3
outcome [2] - 309:3,
383:16
outrageous [2] - 314:15,
314:22
outside [8] - 290:8, 294:6,
296:23, 298:23, 300:2,
300:9, 360:9, 360:15
12
outstanding [2] - 350:23,
356:21
overall [4] - 306:23, 307:1,
322:17, 337:9
overrule [3] - 250:21,
251:14, 355:24
overruled [4] - 252:4,
257:8, 265:14, 318:12
overruling [1] - 252:16
oversee [4] - 308:6, 309:4,
365:20, 375:16
own [6] - 251:21, 253:16,
300:17, 311:23, 316:21,
380:16
P
p.m [1] - 382:9
package [1] - 287:23
page [20] - 242:14, 242:16,
246:3, 246:7, 249:6, 249:12,
304:11, 305:9, 305:12,
319:14, 323:3, 330:6,
330:18, 330:19, 352:4,
352:8, 352:11, 353:3,
361:11, 362:9
pages [3] - 242:12, 242:19,
362:5
Panera [2] - 348:4, 349:12
paper [1] - 372:23
paperwork [1] - 277:17
paragraph [1] - 315:21
parallel [1] - 262:24
parameters [1] - 263:12
part [17] - 270:10, 278:17,
279:12, 287:18, 294:15,
303:23, 306:18, 306:21,
310:16, 315:3, 337:8, 343:1,
352:2, 352:24, 369:18,
370:4, 379:17
part-time [1] - 278:17
participate [2] - 312:6,
321:16
particular [22] - 253:15,
261:2, 261:8, 262:8, 274:17,
274:18, 276:5, 277:23,
283:24, 285:4, 291:8,
291:10, 303:24, 304:3,
306:24, 312:1, 318:18,
332:1, 332:16, 337:1, 368:6,
373:1
particulars [1] - 246:6
parties [5] - 243:10, 263:16,
380:13, 380:23, 383:14
parts [1] - 256:19
Party [19] - 240:8, 241:3,
246:2, 246:9, 246:10, 277:4,
308:17, 308:23, 319:9,
319:18, 319:20, 322:9,
322:11, 323:3, 323:8,

324:22, 342:11, 356:14,
362:2
PARTY [1] - 242:11
party [1] - 255:18
pass [17] - 243:22, 244:1,
245:2, 245:7, 245:11, 247:9,
247:14, 253:6, 253:13,
253:22, 254:2, 254:5,
254:11, 254:13, 254:16,
255:17, 314:21
passage [14] - 248:8,
248:17, 249:11, 249:14,
249:18, 250:12, 251:2,
251:4, 251:18, 252:5,
253:11, 255:8, 256:1, 256:8
passages [1] - 251:7
passed [2] - 343:4, 343:6
passing [2] - 244:13,
247:18
past [1] - 276:21
path [3] - 294:11, 296:1,
301:4
paying [1] - 335:22
pending [5] - 263:1, 264:6,
265:20, 293:13, 381:1
people [13] - 259:12,
272:11, 274:7, 280:19,
288:5, 292:14, 294:22,
303:14, 338:7, 338:10,
339:17, 339:20, 366:5
PERB [1] - 347:14
percent [6] - 244:6, 244:9,
245:4, 245:7, 245:10, 278:22
percentage [4] - 244:16,
244:24, 247:13, 253:13
percentages [2] - 254:8,
254:24
perform [1] - 254:10
performance [4] - 284:7,
284:18, 326:10, 357:6
perfunctory [1] - 262:16
perhaps [2] - 244:13, 369:4
period [3] - 282:13, 340:20,
355:2
permission [1] - 260:22
permit [2] - 355:17, 377:2
permits [1] - 290:11
permitted [2] - 327:21,
327:24
person [5] - 262:4, 268:22,
277:12, 348:11, 350:15
personally [1] - 371:21
persuade [1] - 282:3
Phillips [1] - 361:14
phone [4] - 329:12, 350:11,
350:12, 358:7
phrase [2] - 294:3, 294:4
pick [1] - 301:19
picking [1] - 303:15
piece [3] - 314:15, 314:22,

372:23
place [4] - 252:8, 267:20,
310:14, 356:9
plan [14] - 303:23, 304:9,
304:20, 305:24, 306:16,
331:16, 331:17, 331:20,
332:1, 332:10, 332:15,
332:16, 333:4, 381:16
planning [3] - 306:5,
316:21
plans [2] - 304:17, 304:23
Plant [4] - 363:6, 363:7,
363:11, 364:5
plant [1] - 363:7
PLANT [1] - 363:8
play [3] - 311:12, 311:14,
311:15
Plaza [1] - 241:6
plenary [1] - 304:1
plenty [2] - 297:15, 345:4
plus [3] - 248:1, 279:2,
279:4
point [28] - 246:9, 258:10,
258:11, 288:16, 295:9,
295:21, 307:9, 312:22,
319:13, 319:18, 323:2,
325:3, 333:1, 340:13, 342:9,
345:1, 350:24, 351:18,
353:24, 354:13, 355:4,
366:8, 366:11, 373:13,
373:17, 377:5, 378:7, 381:16
pointing [1] - 377:7
police [1] - 329:8
policies [8] - 262:13,
263:13, 265:2, 265:9, 269:1,
304:18, 328:1, 363:14
political [5] - 309:16,
309:19, 311:10, 311:11,
311:13
politically [1] - 312:18
pool [1] - 258:21
position [16] - 259:16,
260:23, 275:15, 277:15,
278:23, 283:12, 329:22,
330:11, 336:2, 336:8,
336:11, 337:13, 337:16,
346:9, 365:14, 365:16
positions [2] - 334:21,
336:24
positive [2] - 268:13, 351:5
possibility [1] - 376:19
possible [2] - 264:16,
331:23
possibly [2] - 265:11,
325:19
posted [2] - 334:21, 335:23
postings [3] - 334:20,
335:2, 335:4
potential [1] - 377:13
potentially [1] - 377:14

power [1] - 330:13
practical [1] - 344:10
practicality [1] - 300:23
practices [1] - 265:3
preceded [1] - 269:14
precisely [1] - 276:17
preferable [2] - 307:11,
312:19
prepare [3] - 309:9, 318:22,
321:13
prepared [2] - 284:21,
373:9
preparing [1] - 286:13
present [6] - 276:3, 276:9,
285:7, 285:8, 311:20
presented [4] - 284:22,
298:4, 332:11, 358:14
presenting [1] - 286:14
President [19] - 259:2,
260:22, 262:12, 262:14,
262:21, 263:13, 263:14,
266:2, 266:18, 266:22,
268:1, 268:8, 268:19, 270:5,
292:17, 313:2, 342:2, 342:5,
374:8
President's [1] - 261:23
Pressman [1] - 383:7
pressuring [1] - 378:8
presumably [1] - 284:14
presumes [1] - 252:9
presumption [3] - 340:21,
340:23, 341:1
presumptive [2] - 340:21,
341:17
pretext [1] - 265:1
pretextual [1] - 264:23
pretty [2] - 322:18, 334:16
previous [1] - 362:11
previously [2] - 322:8,
324:20
principles [2] - 304:14,
332:19
print [1] - 249:8
priori [1] - 311:22
privy [2] - 259:1, 335:2
probative [1] - 355:22
probe [1] - 252:11
problem [1] - 321:9
problems [1] - 285:23
procedural [1] - 285:23
procedure [1] - 256:24
procedures [1] - 265:3
proceed [2] - 324:24, 356:1
proceeding [1] - 381:1
proceedings [1] - 382:8
process [36] - 260:12,
261:5, 261:24, 267:13,
271:5, 271:17, 273:17,
13
274:9, 287:19, 295:10,
295:23, 297:13, 297:24,
298:1, 298:6, 299:12, 301:7,
301:16, 308:7, 309:16,
309:23, 310:1, 310:10,
310:16, 311:3, 311:10,
311:11, 311:13, 311:15,
312:6, 316:21, 340:23,
379:17
processing [1] - 347:12
produce [1] - 258:2
professional [1] - 382:4
PROFESSIONS [1] - 240:6
professor [38] - 269:23,
270:6, 270:17, 271:5,
271:22, 272:2, 272:3, 272:4,
272:7, 272:9, 273:18,
274:14, 274:23, 275:4,
275:18, 276:5, 276:16,
276:22, 277:16, 283:16,
283:17, 284:11, 288:18,
291:6, 313:11, 317:3, 317:4,
317:11, 318:3, 318:8,
318:14, 318:21, 321:11,
341:4, 352:3, 353:2
Professor [33] - 245:6,
252:9, 270:1, 270:2, 270:16,
270:22, 273:18, 277:15,
283:1, 284:4, 284:6, 285:12,
287:17, 295:16, 295:19,
308:15, 314:4, 316:3, 317:2,
317:7, 317:10, 318:2, 323:6,
323:15, 328:9, 333:11,
333:13, 337:4, 343:24,
352:2, 353:1, 354:3, 354:16
professors [7] - 271:14,
271:18, 272:10, 272:14,
274:13, 288:17
professors' [1] - 293:23
Proffers [1] - 320:5
program [41] - 251:17,
254:22, 255:13, 255:15,
255:19, 281:23, 282:1,
289:1, 289:23, 290:1, 290:5,
290:6, 290:16, 290:19,
290:21, 305:4, 305:24,
307:14, 312:7, 312:14,
312:20, 314:2, 316:13,
316:19, 316:23, 320:20,
320:21, 320:23, 321:20,
321:21, 321:23, 331:14,
332:9, 334:23, 337:8, 337:9,
338:1, 338:19, 339:3, 339:17
Program [26] - 244:3,
256:14, 274:3, 281:22,
282:9, 284:8, 288:23,
305:20, 307:19, 308:4,
310:11, 313:4, 313:9,
313:14, 313:21, 316:8,
316:19, 318:21, 320:16,
325:2, 334:20, 335:12,

338:22, 340:7, 343:22,
363:12
programs [1] - 321:2
project [1] - 318:18
promoted [5] - 275:17,
283:15, 288:18, 291:14,
292:4
promoting [1] - 298:21
Promotion [11] - 274:11,
275:22, 275:24, 276:10,
277:7, 279:10, 279:17,
283:5, 286:16, 288:2, 288:3
promotion [17] - 275:19,
283:2, 283:6, 283:9, 284:5,
284:9, 284:10, 284:20,
287:17, 287:19, 287:23,
291:4, 291:5, 291:11,
291:23, 297:15
property [2] - 256:24,
257:16
proposal [8] - 289:21,
304:23, 305:16, 307:18,
309:9, 309:12, 311:19,
312:11
proposals [5] - 303:22,
304:2, 310:18, 316:17,
331:22
proposed [3] - 304:18,
342:20, 343:3
prospectively [1] - 304:17
proven [1] - 299:4
provide [1] - 320:23
provided [2] - 324:13,
364:4
Provost [13] - 259:2,
259:18, 260:21, 262:3,
262:15, 266:19, 268:1,
268:6, 268:8, 268:16,
268:18, 292:16
PUBLIC [1] - 240:3
Public [2] - 240:14, 383:7
publicly [1] - 247:10
pure [2] - 248:1, 248:4
purported [1] - 270:2
purports [1] - 348:17
purpose [1] - 257:20
purposes [4] - 254:18,
319:13, 329:14, 380:17
pursuant [3] - 240:18,
262:12, 363:14
pursue [1] - 369:23
pursuing [1] - 318:19
put [16] - 253:8, 284:12,
284:15, 285:2, 287:20,
287:22, 290:3, 304:23,
307:17, 326:18, 334:1,
334:9, 334:12, 346:13,
365:21, 366:12
putting [2] - 310:13, 342:17
Q
qualified [11] - 269:5,
269:7, 269:9, 269:10,
269:11, 269:12, 269:18,
271:2, 271:4, 271:9, 272:12
questioning [2] - 297:4,
298:14
questions [15] - 246:21,
247:3, 247:20, 252:13,
258:5, 271:11, 299:11,
300:18, 300:20, 320:12,
326:9, 326:15, 359:16,
373:10, 381:8
quickly [1] - 380:22
quiet [1] - 278:11
quite [4] - 328:11, 334:18,
341:13, 349:1
quote [2] - 286:7, 316:6
R
R&W [1] - 319:16
R-5 [1] - 333:2
R-e-e-d [1] - 345:23
R-e-i-l-l-y [1] - 361:16
raise [1] - 318:19
raised [3] - 277:1, 336:12,
377:18
ran [1] - 251:17
random [2] - 303:15,
303:17
range [1] - 245:3
rank [11] - 269:12, 269:14,
269:18, 269:22, 271:3,
271:4, 271:9, 271:11, 272:12
ranks [1] - 269:7
rarely [3] - 317:23, 317:24
rate [16] - 245:3, 245:7,
245:11, 247:18, 248:17,
249:15, 249:18, 253:13,
253:22, 254:2, 254:5,
254:13, 254:16, 255:8,
256:2, 256:8
rates [13] - 243:22, 244:1,
244:13, 247:9, 249:11,
250:12, 251:2, 251:4, 251:7,
251:18, 252:6, 253:6, 253:12
rather [3] - 367:11, 368:7,
380:10
re [1] - 349:14
re-sent [1] - 349:14
read [11] - 265:17, 265:20,
286:21, 288:10, 293:11,
293:13, 309:20, 311:8,
312:2, 314:3, 332:1
reading [1] - 305:4
ready [2] - 320:8, 320:10
realize [3] - 282:11, 289:24,

361:19
realized [2] - 298:16,
377:15
really [17] - 245:16, 251:9,
252:18, 263:2, 264:11,
285:15, 286:19, 294:7,
294:10, 299:6, 311:14,
312:14, 318:17, 324:7,
336:23, 372:16, 374:20
reappoint [2] - 274:1,
274:24
reappointed [1] - 274:19
reappointing [1] - 273:17
reappointment [12] - 272:8,
272:13, 272:22, 272:23,
273:8, 273:13, 273:21,
273:23, 274:14, 274:23,
275:2, 275:9
reappointments [2] 273:1, 273:15
reason [7] - 250:10, 250:14,
289:12, 289:14, 316:6,
316:10, 318:17
reasonable [3] - 320:2,
354:23, 379:21
reasons [5] - 264:20,
264:23, 316:2, 316:4, 316:5
rebut [1] - 378:21
rebuttal [6] - 287:7, 376:20,
378:15, 378:23, 379:4,
379:13
receive [8] - 348:19,
357:11, 363:4, 363:16,
366:23, 367:7, 369:6, 371:18
received [16] - 322:12,
324:22, 348:15, 348:24,
349:3, 349:5, 358:7, 362:22,
363:17, 367:5, 367:6,
368:20, 368:21, 369:12,
369:15, 371:13
recess [6] - 293:9, 343:14,
345:6, 359:12, 371:5, 379:11
recognize [2] - 348:19,
356:14
recollection [4] - 245:4,
302:10, 354:20, 369:22
recommend [1] - 267:21
recommendation [10] 262:3, 268:5, 268:14,
268:15, 274:1, 274:24,
277:18, 283:15, 292:10,
341:5
recommendations [4] 266:11, 305:19, 316:17,
331:23
recommended [2] - 277:11,
306:15
recommending [1] - 276:4
reconvene [1] - 291:23
14
record [58] - 243:3, 245:22,
246:1, 246:13, 246:16,
246:20, 277:1, 277:3,
279:19, 287:5, 304:5,
304:11, 308:22, 315:17,
319:12, 322:4, 324:16,
326:6, 326:19, 330:3, 331:7,
342:11, 342:17, 343:13,
343:15, 344:11, 345:3,
345:5, 345:7, 345:21,
346:16, 347:5, 359:11,
359:13, 361:3, 361:6,
361:21, 361:23, 361:24,
363:20, 365:2, 371:4, 371:6,
374:3, 374:5, 376:14,
376:24, 377:6, 377:21,
378:5, 379:2, 379:7, 379:10,
379:12, 381:9, 381:20,
382:7, 383:11
record) [5] - 245:24, 361:5,
361:22, 374:4, 381:19
recount [1] - 365:18
recreate [1] - 310:10
recreated [1] - 311:1
recreating [1] - 312:6
RECROSS [1] - 242:2
redirect [4] - 344:3, 344:4,
360:22, 376:1
REDIRECT [1] - 242:2
Redirect [1] - 286:24
reed [1] - 278:10
Reed [9] - 345:14, 345:23,
346:5, 352:23, 366:24,
367:6, 368:22, 372:7, 372:8
REED [2] - 242:5, 345:16
refer [5] - 315:3, 315:5,
333:15, 340:10, 348:4
reference [1] - 319:16
referenced [2] - 301:15,
354:22
referred [3] - 314:23, 333:3,
333:16
referring [1] - 336:8
refers [1] - 315:23
reflection [1] - 378:10
Refresh [1] - 269:6
refusal [2] - 330:12, 330:17
refusing [2] - 262:22, 266:3
regard [4] - 298:20, 353:20,
357:21, 373:20
regarding [12] - 247:20,
275:13, 331:21, 348:18,
350:22, 351:8, 357:1, 358:4,
366:9, 368:11, 369:7, 370:16
regular [4] - 280:8, 280:9,
280:10, 342:7
rehired [1] - 339:6
Reilly [2] - 339:5, 361:15
rejected [1] - 358:16
related [5] - 290:15, 345:9,
345:10, 383:13
relates [2] - 264:6, 309:15
relations [1] - 294:17
RELATIONS [1] - 240:3
Relations [11] - 240:14,
241:5, 314:10, 314:12,
328:18, 329:5, 346:8,
346:18, 347:1, 347:3, 347:10
release [1] - 249:10
released [1] - 249:9
relevance [6] - 262:24,
265:12, 295:22, 301:1,
301:7, 318:11
relevant [14] - 250:20,
254:23, 263:20, 263:21,
294:10, 295:7, 297:5,
297:12, 297:22, 298:2,
298:17, 300:4, 302:17,
377:14
reliability [2] - 248:19,
249:1
reliable [2] - 247:24, 248:14
remember [22] - 273:14,
284:4, 284:6, 284:9, 284:14,
284:16, 288:5, 288:9,
290:14, 294:1, 298:11,
299:13, 303:11, 322:21,
324:5, 334:20, 353:14,
353:16, 353:24, 371:22,
371:23
removal [2] - 288:21, 334:9
remove [3] - 288:21,
313:13, 330:13
removed [2] - 289:18,
333:11
removing [1] - 322:15
renew [8] - 268:13, 268:16,
277:15, 316:2, 327:10,
327:15, 327:21, 327:24
renewable [1] - 277:10
renewal [25] - 267:13,
268:2, 268:22, 275:19,
275:20, 283:2, 293:24,
295:11, 297:14, 298:1,
314:24, 326:22, 327:2,
327:12, 328:7, 328:19,
337:4, 340:22, 341:5, 341:9,
341:15, 341:18, 363:17,
363:18
Renewal [7] - 275:24,
276:10, 277:7, 277:8,
279:17, 286:16, 288:3
renewals [6] - 267:1, 267:3,
267:4, 267:19, 292:14,
341:12
Renewals [2] - 273:7,
277:13
renewed [9] - 267:22,
267:24, 268:7, 276:5, 325:6,
327:4, 327:5, 328:8, 328:9
renewing [4] - 268:11,

274:6, 298:20, 298:21
repeat [2] - 253:23, 291:21
repeated [1] - 256:4
rephrase [1] - 324:4
replace [2] - 258:20, 312:14
replacement [1] - 316:8
report [6] - 276:3, 276:7,
276:9, 304:1, 329:3, 329:9
Report [2] - 247:12, 249:12
reported [1] - 248:13
REPORTER [1] - 240:24
reporting [1] - 248:4
represent [1] - 373:14
representations [1] 298:19
request [18] - 282:2, 305:4,
321:3, 323:18, 330:20,
330:21, 331:2, 334:9,
350:21, 350:23, 354:23,
356:20, 356:22, 357:18,
369:10, 369:12, 371:14
requested [2] - 368:12,
369:21
requests [6] - 304:16,
334:5, 334:7, 334:8, 358:13,
358:19
require [2] - 336:7, 366:12
required [8] - 276:8, 304:1,
306:11, 306:12, 328:17,
336:4, 363:16, 375:17
requirements [4] - 274:20,
276:2, 288:10, 288:14
research [7] - 256:15,
257:17, 257:20, 257:21,
258:1, 321:1, 321:10
Research [41] - 242:12,
244:3, 246:5, 248:2, 255:4,
255:9, 256:13, 274:3,
275:15, 275:16, 281:16,
281:22, 282:8, 283:13,
284:8, 288:22, 290:8, 303:9,
303:19, 304:8, 304:22,
305:3, 305:17, 307:14,
310:10, 313:4, 313:8,
313:14, 313:20, 316:7,
316:18, 318:20, 319:1,
320:16, 325:1, 334:19,
335:12, 338:22, 340:7,
343:21, 363:12
resign [5] - 326:1, 329:21,
330:11, 330:13, 330:18
resignation [3] - 330:15,
330:17, 330:21
resolution [2] - 342:20,
343:3
resolved [1] - 381:3
resorting [1] - 268:1
resource [1] - 318:7
Resource [1] - 366:16
resources [1] - 260:22

respect [10] - 253:6,
256:13, 297:16, 301:7,
304:8, 304:22, 305:3,
305:15, 317:2, 317:4
respond [7] - 245:9,
275:11, 326:10, 349:9,
349:10, 351:6, 354:19
responded [1] - 354:20
RESPONDENT [1] - 242:18
respondent [2] - 242:3,
364:23
Respondent [5] - 240:12,
241:7, 243:18, 345:11,
345:18
respondent's [1] - 362:21
Respondent's [7] - 304:12,
305:7, 333:2, 340:1, 361:9,
362:12, 362:19
response [7] - 270:8,
323:18, 330:16, 330:24,
368:21, 368:22, 369:23
response) [2] - 271:19,
317:19
responsibilities [2] 347:11, 365:19
responsibility [1] - 255:14
responsible [5] - 255:17,
286:13, 347:12, 347:18,
349:18
rest [1] - 376:12
rests [1] - 296:11
result [1] - 282:13
resulted [1] - 286:2
results [1] - 262:6
resum [1] - 340:9
retreat [6] - 302:22, 303:2,
303:4, 304:2, 332:8, 333:4
reverse [1] - 268:9
Review [4] - 273:7, 279:10,
305:13, 305:15
review [10] - 274:22, 275:1,
275:3, 283:2, 284:5, 302:24,
305:19, 313:3, 319:23,
331:22
reviewed [2] - 285:14,
304:24
reviewing [1] - 275:9
revisiting [1] - 258:18
Riley [1] - 338:18
Road [2] - 240:15, 241:2
road [1] - 332:3
room [1] - 376:16
Room [1] - 240:14
roughly [7] - 251:23,
278:14, 278:24, 288:7,
288:8, 325:22, 325:23
rules [1] - 265:9
run [4] - 259:21, 259:23,
285:15, 350:15
15
running [2] - 254:22,
284:24
runs [1] - 347:16
S
safely [1] - 382:6
salaries [1] - 335:20
salary [1] - 336:12
salt [1] - 314:20
Sarah [19] - 346:20, 346:21,
346:22, 346:23, 355:3,
355:6, 355:9, 356:4, 356:7,
356:10, 356:17, 357:1,
357:10, 357:15, 369:6,
369:13, 369:14, 370:2,
371:13
satisfaction [1] - 254:10
satisfied [1] - 258:21
Saturday [3] - 322:20,
323:20, 323:21
saw [3] - 270:11, 292:2,
313:6
schedule [2] - 282:18,
282:22
schedules [2] - 375:22,
380:5
scholarship [2] - 261:14,
303:7
school [9] - 253:7, 256:11,
256:21, 256:22, 257:13,
278:13, 301:19, 338:17,
366:2
School [45] - 243:23, 246:7,
247:8, 249:14, 251:20,
256:1, 256:20, 260:17,
261:12, 267:5, 271:15,
273:9, 277:6, 278:4, 279:1,
280:13, 282:19, 287:19,
311:3, 313:19, 316:22,
317:7, 321:17, 322:18,
327:19, 335:3, 335:4,
335:10, 338:15, 338:21,
338:23, 338:24, 339:7,
339:9, 339:10, 339:13,
339:14, 349:8, 352:3, 353:2,
360:3, 365:13, 365:15,
365:22, 375:12
school's [1] - 247:17
School's [2] - 305:13,
305:15
Schools [1] - 261:7
schools [6] - 248:9, 249:10,
253:10, 253:18, 254:11,
321:1
scope [9] - 294:6, 296:23,
298:23, 299:14, 300:2,
300:7, 300:9, 360:10, 360:15
Scott [8] - 358:3, 358:6,
358:11, 358:12, 359:19,

370:7, 370:15, 370:18
screen [1] - 246:4
search [15] - 258:19, 259:3,
259:4, 259:13, 259:19,
259:21, 259:24, 261:1,
337:14, 337:15, 337:21,
338:3, 339:15, 339:19
second [9] - 245:23,
255:24, 256:6, 256:7,
259:20, 339:4, 358:9,
361:10, 374:2
secondly [1] - 283:14
secretary [1] - 317:16
secretary's [1] - 360:8
section [2] - 247:17, 282:12
sections [3] - 282:11,
282:15, 282:16
securing [1] - 305:20
security [2] - 340:18
See [1] - 281:18
see [12] - 245:8, 249:3,
252:7, 253:11, 261:18,
281:18, 282:21, 312:24,
317:22, 335:4, 357:22, 381:3
seeing [2] - 251:21, 334:20
seek [1] - 318:18
seeking [1] - 357:2
selection [2] - 303:15,
303:17
semantics [1] - 300:23
send [13] - 277:17, 277:22,
296:7, 326:5, 326:22, 334:5,
334:7, 350:22, 351:7,
351:10, 368:24, 380:13,
381:24
sending [1] - 353:18
sense [1] - 309:2
sensitizing [1] - 311:4
sent [13] - 283:23, 308:14,
309:6, 315:21, 323:17,
330:10, 330:16, 330:18,
331:5, 334:9, 349:14, 357:8,
358:3
sentence [1] - 249:14
separate [4] - 259:11,
291:22, 349:8, 380:24
September [1] - 319:15
series [3] - 323:4, 329:17,
361:8
serve [2] - 260:4, 366:2
services [1] - 365:23
session [1] - 304:1
set [3] - 381:16, 383:9,
383:17
setting [1] - 375:15
settlement [1] - 381:4
settling [1] - 381:2
seven [5] - 255:6, 339:16,
339:17, 339:19, 361:11
Seven [1] - 339:16

several [2] - 267:20, 369:20
shall [1] - 277:11
share [3] - 247:8, 247:11,
349:22
shared [1] - 317:16
sheets [2] - 270:9, 270:11
short [3] - 345:8, 368:17,
371:24
shorter [1] - 344:18
shortly [1] - 316:16
show [3] - 308:21, 315:10,
346:21
showing [3] - 342:11,
356:13, 366:20
shown [2] - 317:8, 322:16
shows [1] - 340:6
side [4] - 347:15, 374:14,
375:6, 381:11
sides [1] - 362:16
sign [1] - 268:21
significant [1] - 245:10
significantly [1] - 344:18
signs [1] - 262:5
similar [2] - 267:16, 269:16
simple [1] - 317:20
simply [7] - 311:24, 312:4,
337:19, 367:7, 368:18,
369:20, 377:16
simultaneously [1] 381:12
sINGER [4] - 280:1, 302:21,
305:14, 363:23
Singer [33] - 286:10,
296:24, 297:24, 298:14,
298:24, 301:6, 320:11,
347:21, 348:7, 348:10,
348:17, 348:20, 349:20,
351:14, 351:17, 351:23,
352:15, 352:21, 353:8,
354:10, 354:14, 354:19,
356:11, 356:18, 357:8,
357:10, 357:17, 358:3,
359:5, 359:14, 370:24,
371:7, 377:19
SINGER [82] - 241:3,
243:12, 243:21, 244:23,
245:20, 246:24, 247:7,
249:4, 249:5, 249:24, 250:8,
250:9, 257:5, 258:14,
258:17, 263:8, 265:15,
266:7, 271:1, 273:6, 287:13,
293:15, 294:14, 295:15,
296:2, 296:10, 298:3,
301:11, 302:6, 302:18,
305:10, 308:12, 308:20,
315:12, 315:15, 319:6,
320:5, 320:13, 320:14,
322:3, 322:13, 322:24,
324:4, 324:15, 327:7, 327:8,
329:19, 330:5, 340:15,

341:11, 343:8, 343:18,
343:20, 344:2, 352:6,
352:14, 355:12, 359:8,
359:15, 359:18, 360:20,
361:18, 362:17, 364:8,
364:15, 367:22, 370:9,
371:2, 371:9, 371:11, 374:1,
374:6, 375:24, 378:13,
379:5, 379:14, 379:22,
380:2, 380:9, 381:7, 381:10,
381:14
Singer-Blumberg [30] 296:24, 297:24, 298:24,
301:6, 320:11, 347:21,
348:7, 348:10, 348:17,
348:20, 349:20, 351:14,
351:17, 351:23, 352:15,
352:21, 353:8, 354:10,
354:14, 354:19, 356:11,
356:18, 357:8, 357:10,
357:17, 358:3, 359:5,
359:14, 370:24, 371:7
sINGER-BLUMBERG [4] 280:1, 302:21, 305:14,
363:23
SINGER-BLUMBERG [81] 241:3, 243:12, 243:21,
244:23, 245:20, 246:24,
247:7, 249:4, 249:5, 249:24,
250:8, 250:9, 257:5, 258:14,
258:17, 263:8, 265:15,
266:7, 271:1, 273:6, 287:13,
293:15, 294:14, 295:15,
296:2, 296:10, 298:3,
301:11, 302:6, 302:18,
305:10, 308:12, 308:20,
315:12, 315:15, 319:6,
320:5, 320:13, 320:14,
322:3, 322:13, 322:24,
324:4, 324:15, 327:7, 327:8,
329:19, 330:5, 340:15,
341:11, 343:8, 343:18,
343:20, 344:2, 352:14,
355:12, 359:8, 359:15,
359:18, 360:20, 361:18,
362:17, 364:8, 364:15,
367:22, 370:9, 371:2, 371:9,
371:11, 374:1, 374:6,
375:24, 378:13, 379:5,
379:14, 379:22, 380:2,
380:9, 381:7, 381:10, 381:14
Singer-Blumberg's [3] 286:10, 298:14, 377:19
sit [7] - 307:2, 357:3,
367:19, 369:11, 369:21,
371:14, 372:1
sit-down [4] - 357:3,
369:11, 371:14, 372:1
sitting [1] - 306:23
16
situation [3] - 266:21,
268:23, 351:11
six [3] - 255:7, 339:16,
381:22
Skills [4] - 307:19, 308:3,
341:2, 343:24
skills [1] - 256:16
slate [2] - 337:7, 348:8
slipped [1] - 299:23
small [2] - 305:5
snapshot [1] - 248:17
someone [6] - 271:24,
287:22, 308:6, 349:4, 355:1,
357:3
sometime [6] - 307:21,
328:6, 328:23, 358:1,
367:18, 370:4
sometimes [4] - 281:17,
292:15, 292:17, 299:20
soon [5] - 312:24, 313:3,
349:14, 357:13, 367:18
sorry [12] - 256:3, 273:6,
280:1, 283:8, 308:12, 316:8,
317:12, 323:23, 333:19,
335:18, 374:11, 378:19
sort [9] - 287:10, 294:21,
355:22, 370:12, 375:20,
375:23, 378:21, 380:11,
381:15
sorts [2] - 246:4, 355:18
sounds [3] - 351:20, 369:3,
370:6
sources [1] - 284:18
speaking [4] - 253:17,
293:23, 353:10, 374:16
speaks [5] - 263:10, 277:6,
314:14, 341:21, 342:15
specific [7] - 252:17, 267:6,
271:11, 296:16, 303:5,
303:6, 326:10
specifically [23] - 249:15,
260:11, 263:10, 269:21,
277:6, 292:22, 293:19,
313:20, 314:23, 315:23,
327:9, 330:20, 349:6,
350:20, 352:1, 352:23,
353:24, 358:5, 360:14,
368:10, 371:22, 371:23,
372:4
specificity [1] - 279:22
specifics [3] - 325:11,
325:12, 325:13
specify [1] - 281:2
speculation [1] - 250:19
speculative [1] - 245:17
spell [5] - 272:17, 292:8,
345:21, 347:7, 365:2
split [1] - 347:20
spoken [2] - 317:6, 357:4
spring [2] - 331:12, 346:18
squarely [1] - 252:8

SS [1] - 383:4
Staff [8] - 372:15, 374:9,
374:10, 374:11, 374:19,
374:22, 375:10, 375:11
staff [5] - 260:7, 260:13,
269:13, 321:1, 366:3
staffing [1] - 320:22
Staffing [1] - 319:16
stand [3] - 243:6, 296:5,
378:5
standard [1] - 300:1
standing [6] - 277:5, 368:5,
369:19, 372:11, 372:12,
372:14
start [2] - 244:21, 310:9
started [8] - 244:2, 244:6,
245:6, 247:2, 254:19, 272:1,
287:17, 378:14
starting [1] - 307:9
starts [1] - 305:12
STATE [4] - 240:2, 240:6,
241:2, 383:3
state [14] - 240:10, 253:10,
253:12, 253:18, 253:19,
254:1, 254:5, 254:12,
254:13, 270:12, 270:13,
316:10, 345:20, 365:1
State [5] - 240:10, 241:6,
270:16, 272:11, 383:8
state's [1] - 253:22
statement [1] - 353:7
statements [2] - 251:5,
353:5
statistics [9] - 244:19,
246:6, 247:9, 248:1, 248:3,
248:4, 248:6, 248:20, 249:7
Statistics [1] - 248:12
status [2] - 318:20, 320:20
stenographer [1] - 265:21
stenographer) [1] - 293:14
step [3] - 264:17, 274:21,
280:2
stick [2] - 267:11, 270:13
still [5] - 253:8, 257:7,
258:4, 258:8, 381:9
stipulate [4] - 270:20,
364:3, 364:12, 364:14
stipulation [6] - 276:20,
362:16, 363:3, 363:19,
363:22, 364:7
stop [1] - 268:4
stopped [1] - 255:13
stops [3] - 263:17, 292:17,
296:18
straight [1] - 342:8
strategic [13] - 303:23,
304:9, 304:19, 305:1,
305:24, 306:4, 306:16,
331:16, 331:17, 331:20,
332:10, 332:15, 333:4

Strategies [1] - 304:13
strategies [3] - 304:15,
306:3, 306:6
stretch [1] - 248:14
strictly [1] - 332:1
strike [3] - 316:9, 334:1,
367:19
structure [2] - 257:23,
307:7
structured [1] - 321:21
student [2] - 256:20,
257:22
students [10] - 244:8,
247:14, 254:21, 255:1,
255:17, 256:12, 256:14,
256:17, 257:11, 282:12
study [1] - 316:16
stuff [2] - 370:14, 373:20
subcommittee [6] - 305:18,
306:15, 306:18, 306:21,
306:24, 308:1
subcommittees [3] 302:24, 303:3, 307:2
Subject [1] - 323:7
subject [3] - 295:19, 304:3,
354:5
submission [1] - 361:7
submit [2] - 304:16, 309:19
subsequently [1] - 314:1
substance [3] - 348:22,
348:23, 358:10
substantially [1] - 335:21
substantive [3] - 257:14,
257:15, 257:19
Sue [3] - 272:16, 272:20,
288:10
suggested [1] - 351:18
suitable [2] - 261:8, 261:10
Suite [1] - 241:6
sum [1] - 358:10
summarize [1] - 376:14
summarized [1] - 342:14
summary [1] - 320:24
summer [2] - 302:23, 337:3
supporting [1] - 373:11
suppose [1] - 286:5
supposed [4] - 273:21,
273:23, 275:12, 332:2
surprised [1] - 290:12
suspect [1] - 247:22
sustain [1] - 245:19
sustained [1] - 255:23
sworn [4] - 243:18, 345:18,
364:23, 383:10
T
T-o-m-p-k-i-n-s [1] - 272:21
taken) [6] - 293:9, 343:14,

345:6, 359:12, 371:5, 379:11
Tara [14] - 348:17, 349:2,
349:15, 349:20, 349:24,
353:17, 354:9, 356:17,
357:10, 357:15, 358:2,
358:8, 358:14, 358:22
TARA [1] - 241:2
taught [4] - 255:2, 256:14,
257:14, 290:7
Tax [1] - 260:20
teach [8] - 257:15, 257:17,
257:19, 281:22, 290:10,
290:11, 313:20
TEACHERS [2] - 240:6,
241:2
teachers [1] - 255:4
Teaching [2] - 304:13,
304:14
teaching [6] - 255:4, 282:1,
290:12, 303:7, 303:10,
338:24
technically [2] - 276:19,
321:4
technology [1] - 366:1
telephone [2] - 353:10,
370:3
temporary [1] - 363:13
ten [6] - 254:3, 328:13,
336:7, 336:13, 336:24, 368:7
tend [4] - 297:9, 299:19,
360:18, 373:22
Tenure [5] - 274:11,
275:22, 279:10, 283:5, 288:2
tenure [23] - 253:21,
253:24, 254:2, 256:20,
260:14, 267:8, 267:10,
267:13, 267:20, 269:7,
269:8, 269:19, 271:6,
272:12, 278:17, 279:11,
280:14, 280:15, 280:16,
280:24, 281:8, 281:9, 281:20
tenured [8] - 274:12,
280:14, 280:17, 280:24,
283:7, 283:8, 283:10, 297:18
term [5] - 274:15, 277:10,
340:17, 348:3, 353:23
terminal [1] - 274:2
terminate [7] - 288:24,
289:22, 307:13, 314:1,
326:21, 352:2, 353:1
terminated [3] - 313:23,
316:20, 316:23
terminating [2] - 289:24,
305:24
termination [4] - 263:10,
277:8, 316:7, 316:11
terms [14] - 250:11, 252:15,
261:21, 262:21, 263:10,
264:2, 266:1, 295:7, 310:21,
17
314:7, 315:7, 317:6, 328:5,
372:12
terribly [1] - 300:22
territory [1] - 264:13
testified [34] - 243:19,
251:1, 252:4, 252:5, 273:16,
285:12, 285:20, 286:6,
286:19, 287:2, 287:15,
287:18, 289:2, 289:17,
296:17, 297:10, 302:4,
302:7, 322:14, 329:15,
342:10, 342:18, 345:19,
347:21, 348:10, 349:20,
351:17, 353:8, 357:8,
357:17, 364:24, 371:12,
373:21, 374:13
testify [6] - 263:5, 263:21,
263:23, 301:13, 352:14,
352:16
testimony [34] - 251:6,
251:11, 252:8, 252:19,
258:18, 270:10, 279:16,
286:18, 291:3, 292:3,
293:22, 294:1, 294:9,
295:18, 296:21, 296:24,
297:16, 298:16, 299:3,
299:5, 299:9, 299:12,
300:13, 322:19, 327:3,
342:14, 344:19, 352:7,
355:18, 377:14, 377:19,
378:20, 379:4, 383:11
THE [13] - 266:6, 272:19,
292:9, 315:20, 317:13,
320:4, 323:11, 341:9, 344:7,
345:22, 347:8, 365:3, 376:5
thereafter [3] - 340:22,
357:13, 367:18
therefore [3] - 276:13,
300:10, 321:19
they've [2] - 265:1, 267:4
thinking [2] - 312:5, 333:7
third [4] - 255:24, 256:6,
256:7, 272:18
thoughts [1] - 359:7
threatening [2] - 325:24,
329:1
three [21] - 245:4, 255:20,
259:19, 271:13, 272:13,
273:10, 273:11, 274:7,
274:15, 274:16, 275:9,
275:20, 288:17, 305:5,
305:11, 307:4, 325:17,
340:22, 361:16, 362:5,
379:19
three-fifths [1] - 305:11
three-year [3] - 259:19,
274:15, 275:9
threw [1] - 351:20
throughout [3] - 253:21,
253:24, 254:2
throw [1] - 373:23

tie [1] - 381:3
timing [2] - 328:19, 351:16
title [15] - 270:5, 270:13,
270:16, 272:11, 273:13,
273:19, 275:4, 276:15,
276:21, 285:19, 285:21,
286:2, 332:17, 343:23
titled [1] - 319:14
titles [4] - 269:13, 269:14,
269:18, 270:22
today [14] - 288:15, 297:19,
298:13, 299:15, 299:17,
344:15, 344:23, 373:21,
376:16, 377:12, 377:17,
378:4, 379:18, 381:6
together [9] - 262:15,
284:12, 284:15, 285:2,
287:20, 287:22, 299:19,
334:1, 339:21
Tom [2] - 272:16, 272:20
tomorrow [1] - 330:22
Tompkins [2] - 272:16,
272:20
took [3] - 244:8, 367:13,
368:20
top [1] - 248:11
topic [1] - 303:6
total [1] - 361:10
toward [1] - 351:14
track [16] - 260:14, 267:8,
267:10, 267:14, 267:20,
269:7, 269:8, 271:7, 272:12,
278:18, 279:11, 280:14,
280:15, 280:16, 280:24,
281:9
trained [1] - 314:19
transcript [8] - 352:4,
352:7, 352:8, 352:12, 353:3,
379:19, 379:23, 380:13
transcripts [3] - 380:5,
381:18, 381:23
transparent [1] - 312:4
trigger [1] - 310:22
true [10] - 245:16, 348:6,
348:13, 348:14, 349:23,
350:1, 354:7, 354:11,
354:13, 383:11
truly [1] - 301:20
trumps [1] - 300:24
Trustees [4] - 263:14,
269:2, 328:2, 363:15
truth [1] - 351:11
try [3] - 299:1, 345:2,
380:18
trying [8] - 263:11, 263:17,
275:11, 296:13, 298:7,
301:5, 301:19, 368:19
Tuesday [1] - 352:12
turn [1] - 249:6
turned [2] - 258:23, 259:12

turning [1] - 330:6
turnover [1] - 334:18
twelve [5] - 336:7, 336:14,
336:15, 336:18, 336:19
twenty [1] - 288:8
twice [1] - 318:20
two [23] - 246:3, 246:7,
255:20, 258:22, 259:11,
260:2, 275:13, 283:11,
299:23, 339:2, 339:6,
339:19, 340:21, 344:14,
344:23, 346:10, 349:7,
358:13, 361:14, 362:5,
362:7, 381:8
two-page [1] - 246:3
two-year [1] - 260:2
type [2] - 264:18, 368:15
types [5] - 280:6, 280:10,
280:11, 281:1, 349:18
typical [1] - 332:20
typically [4] - 260:12,
274:10, 284:17, 347:21
U
U-28826 [2] - 240:8, 243:5
UB [7] - 249:15, 250:12,
251:4, 251:8, 254:1, 347:1,
347:19
UB's [1] - 254:16
ultimate [3] - 302:12,
302:13, 304:4
ultimately [2] - 266:22,
294:24
ultra [1] - 292:6
ULTRA [1] - 292:9
unclear [3] - 279:19, 324:3,
332:13
under [3] - 276:13, 310:20,
331:14
underneath [1] - 294:21
understood [2] - 290:3,
369:10
union [2] - 347:15, 347:20
Union [1] - 378:4
unions [1] - 347:17
UNITED [3] - 240:6, 240:6,
241:2
units [2] - 365:21, 366:2
university [1] - 329:8
UNIVERSITY [1] - 240:6
University [11] - 240:10,
246:7, 248:5, 248:18,
258:20, 259:9, 260:2, 265:8,
277:4, 346:7, 365:12
unless [3] - 250:17, 300:20,
379:2
untrue [1] - 299:4
up [31] - 244:2, 244:4,

244:9, 245:3, 245:7, 253:12,
253:13, 274:16, 275:1,
275:3, 278:12, 282:6,
282:12, 283:1, 284:10,
287:23, 311:19, 317:8,
346:21, 354:24, 355:1,
355:4, 355:6, 360:1, 366:6,
367:8, 369:16, 372:4,
375:12, 375:15, 381:3
updates [1] - 356:19
US [2] - 247:11, 249:11
UUP [2] - 336:6, 336:7
UUP's [1] - 295:2
V
v-i-r-e-s [1] - 292:9
vague [2] - 273:3, 318:5
value [2] - 322:17, 355:22
Vance [10] - 320:8, 344:3,
344:15, 345:13, 345:24,
356:1, 364:17, 365:5, 376:7,
376:21
vance [1] - 355:17
VANCE [99] - 241:6,
244:10, 244:15, 245:12,
246:15, 246:19, 247:1,
247:4, 247:19, 249:21,
250:3, 250:13, 251:9,
251:24, 252:14, 252:17,
252:21, 255:22, 256:3,
257:4, 262:23, 263:19,
264:1, 264:9, 264:11,
265:16, 270:19, 273:3,
279:14, 285:10, 286:8,
287:8, 287:11, 292:23,
293:3, 293:8, 293:17,
293:20, 294:5, 295:16,
296:20, 298:12, 299:16,
299:21, 305:6, 317:12,
317:14, 318:5, 318:10,
319:22, 320:1, 320:9, 322:6,
323:23, 324:18, 326:11,
327:1, 329:23, 332:13,
340:5, 340:11, 341:7,
341:10, 341:21, 344:4,
344:16, 344:20, 345:14,
346:1, 346:4, 352:11,
352:18, 352:21, 353:6,
356:2, 356:3, 359:4, 360:9,
360:13, 360:23, 362:18,
363:2, 363:8, 363:10, 364:3,
364:10, 364:18, 365:6,
365:9, 368:2, 370:21, 376:2,
376:9, 376:12, 376:23,
377:9, 377:24, 378:12, 380:3
various [3] - 320:22, 320:24
veering [1] - 263:3
veil [2] - 338:7, 338:8
18
verbal [3] - 363:17, 363:24,
364:5
verify [2] - 253:2, 253:5
version [1] - 304:6
via [2] - 370:3, 371:18
Vice [20] - 283:20, 295:6,
295:13, 301:15, 302:1,
302:5, 302:7, 302:13,
328:21, 341:2, 365:13,
365:19, 366:16, 372:15,
374:8, 374:10, 374:11,
374:13, 374:22, 375:3
view [6] - 256:2, 257:24,
311:1, 313:23, 322:17
vires [1] - 292:7
vision [5] - 306:9, 311:2,
311:4, 332:2, 332:22
visions [2] - 306:7, 337:9
visiting [2] - 269:15, 271:5
VOLFORTE [1] - 241:5
VOLUME [1] - 240:1
vote [14] - 261:16, 273:21,
273:23, 274:4, 274:5, 283:5,
283:9, 291:3, 291:9, 291:10,
291:20, 291:23, 292:5,
311:21
voted [11] - 291:15, 291:17,
291:18, 309:10, 309:13,
332:7, 332:11, 333:5, 333:9,
342:20, 342:24
voting [2] - 273:17, 277:12
W
W-i-n-k-e-l-s-t-e-i-n [1] 362:7
waited [3] - 327:15, 327:17,
327:22
walk [1] - 278:12
wants [4] - 289:16, 299:1,
337:16, 378:3
ways [2] - 267:21, 375:21
website [1] - 335:9
Wednesday [3] - 347:23,
348:9, 354:10
week [1] - 372:22
weekly [3] - 368:5, 372:9,
372:11
weeks [2] - 380:8, 381:22
weight [3] - 255:19, 255:24,
256:6
welcome [1] - 337:20
whatnot [2] - 265:3, 265:9
WHEREOF [1] - 383:17
WHEREUPON [3] - 243:15,
345:15, 364:20
whisper [1] - 278:12
whole [6] - 282:9, 294:11,
306:1, 307:24, 308:2, 315:4
Williamsville [1] - 241:2

willing [2] - 368:24, 378:5
window [3] - 327:20,
327:23, 328:4
Winkelstein [3] - 361:17,
362:6, 362:10
wipe [1] - 337:7
wish [1] - 358:18
wished [1] - 377:1
wishes [1] - 366:9
WITNESS [15] - 242:2,
266:6, 272:19, 292:9,
315:20, 317:13, 320:4,
323:11, 341:9, 344:7,
345:22, 347:8, 365:3, 376:5,
383:17
witness [32] - 243:14,
246:13, 248:24, 250:18,
252:2, 263:4, 263:21,
279:18, 285:11, 300:17,
300:21, 305:7, 308:21,
308:22, 315:17, 320:3,
320:7, 329:23, 330:3, 331:8,
344:9, 345:12, 345:24,
361:2, 364:17, 365:5, 376:6,
376:20, 378:15, 378:17,
378:19, 378:23
witness) [1] - 320:6
witnesses [5] - 344:14,
344:23, 376:8, 383:9, 383:12
Wolf [1] - 240:15
word [2] - 260:8, 358:15
wording [1] - 372:5
words [2] - 290:14, 374:21
workings [1] - 295:12
works [5] - 267:18, 341:1,
341:14, 347:1, 366:19
World [2] - 247:11, 249:11
worth [1] - 314:20
worthless [2] - 315:4, 315:6
write [3] - 330:23, 372:22,
372:23
writing [6] - 262:20, 266:1,
314:22, 321:1, 321:10,
351:22
Writing [37] - 244:3, 255:5,
255:9, 256:14, 274:3,
275:16, 281:16, 281:22,
282:9, 283:13, 284:8,
288:22, 290:9, 303:9,
303:19, 304:8, 304:22,
305:4, 305:17, 307:14,
310:10, 313:4, 313:9,
313:14, 313:21, 316:8,
316:18, 318:21, 319:1,
320:16, 325:2, 334:19,
335:12, 338:22, 340:7,
343:22, 363:12
written [2] - 266:14, 363:16
wrote [2] - 309:6, 337:4
Y
year [37] - 244:7, 247:13,
249:18, 250:6, 254:21,
254:23, 255:1, 255:19,
255:24, 256:6, 256:7,
256:11, 256:12, 256:16,
256:18, 256:22, 257:2,
257:10, 257:15, 259:19,
259:20, 260:2, 274:1,
274:15, 275:9, 289:19,
307:8, 325:6, 325:7, 325:9,
325:15, 325:16, 325:20,
325:22, 349:7
year's [1] - 328:15
years [20] - 247:18, 248:12,
248:15, 249:9, 254:3, 254:6,
254:7, 255:20, 274:16,
275:20, 325:9, 325:17,
334:17, 335:13, 340:21,
340:22, 346:10, 346:12,
346:13
yesterday [31] - 243:7,
251:1, 251:5, 251:12, 252:5,
258:18, 270:4, 270:9,
270:21, 273:16, 276:17,
281:16, 289:2, 293:22,
294:9, 297:10, 298:17,
299:15, 300:10, 327:3,
329:15, 329:20, 330:7,
338:4, 342:10, 352:5, 352:8,
353:8, 376:17, 377:6, 378:16
yielded [1] - 339:19
YORK [5] - 240:2, 240:6,
240:10, 241:2, 383:3
York [6] - 240:10, 240:16,
241:2, 241:6, 253:18, 383:8
yourself [1] - 378:4
Z
zero [1] - 290:1

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240

KENNETH S. CARLSON, ESQ.

DEAN R. NELSON - COURT REPORTER - (716) 741-9255

Document, 1 page, Memo

LAW JUDGE CARLSON:

We are about to begin Day 3 of the

On the stand already is Dean Mutua.

When we left off yesterday afternoon, the

Direct Examination was completed, and we are

about to begin his Cross-Examination.

Anything the parties need to -- there's

nothing we need to deal with housecleaning?

Jump right in.

having been called by and on behalf of the

Respondent, and, having been duly sworn, was

examined and testified further as follows:

Dean, you're familiar with the bar pass rates for

And so you're aware that the pass rates have

actually gone up since Jeff started as Director of

the Research Writing Program?

They have gone up but minimally.

So when you say "minimally," they were

at minus .88 percent before he started, and the

first year that -- the first year that the

students took the bar after he was hired, they had

gone up by eight percent?

MS. HOMES VANCE:

The Dean did indicate he

was aware of the bar passing rates.

jumping into the --

MS. HOMES VANCE:

I don't know if the

foundational being the percentage is

correct, and I don't know if the Dean knows

whether that's correct or not, those

There's an assumption then

that those are correct.

by asking the Dean by how much?

Why don't you start

When you say "minimally," what percentage is that?

I don't know the numbers in front of me.

recall it right away, but I think our bar pass

rate has not jumped up beyond the range of between

three and four percent, to my recollection.

So if I were to tell you that from the time

Professor Malkan started as Director through 2007,

the bar pass rate went up by almost 15 percent?

Oh, I would have to see the numbers to be able to

Would you say that 15 percent is a significant

We don't have any foundation

for whether or not the numbers actually

jumped like that.

some foundation that this is really true.

Otherwise, it's just speculative and no

I think we need to have

I'll sustain that.

want to -- I only have one copy of this.

Off the record for a

For the record, I am

marking as Charging Party Exhibit No. 17 a

screen grab of sorts from Internet Legal

Research Group, some admissions and other

statistics, particulars concerning the