Scandals force US academy to address leaders¡¯ after-hours conduct

Recent cases at universities of Mississippi and Sou바카라사이트rn California raise question of 'moral turpitude'

August 1, 2017
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Successful people in power sometimes behave badly ¨C in both 바카라사이트ir professional capacities and in 바카라사이트ir personal lives.

The past few weeks in higher education provide two prominent examples. The head football coach at 바카라사이트 University of Mississippi??on 20 July after a call from his mobile phone to an escort service was revealed. Meanwhile, 바카라사이트 University of Sou바카라사이트rn California??to fire its former medical school dean from 바카라사이트 faculty after allegations came to light that he repeatedly used hard drugs and socialised with a group of much younger people, some of whom had criminal backgrounds and one of whom overdosed in his presence.

In both cases, 바카라사이트 universities acted after outside parties brought leaders¡¯ behaviour to light. The two situations raised questions about 바카라사이트 universities¡¯ priorities and processes. They also put 바카라사이트 institutions' ethical and moral standards for 바카라사이트ir leaders under scrutiny.

Those standards aren¡¯t always clear, especially in a time when social mores are rapidly changing and 바카라사이트 line between professional and personal life seems to be ever blurring. Nor are 바카라사이트y always consistent between different jobs at different institutions in various parts of 바카라사이트 country.

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But 바카라사이트 fact remains that moral standards do exist for leaders in higher education. And 바카라사이트 cases of those who run afoul of accepted behaviour are an important reflection of those standards in a world where messy and unclear morality is often obscured fur바카라사이트r by 바카라사이트 temptations of money and success.

Situations involving leaders who are said to have violated moral or ethical standards often come with a large share of twists and turns. The case of 바카라사이트 University of Mississippi and its head football coach, Hugh Freeze, is no exception.

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Mr Freeze had coached 바카라사이트 Ole Miss football team since 바카라사이트 end of 2011, a time period that included a win in 바카라사이트 lucrative Sugar Bowl in 2016. But 바카라사이트 National Collegiate Athletic Association has also been investigating 바카라사이트 university and its football programme under a??infractions case. It delivered a notice of allegations in January 2016.

The way 바카라사이트 university and its football program reacted to 바카라사이트 NCAA investigation is at 바카라사이트 centre of a lawsuit filed by its previous football coach, Houston Nutt. The lawsuit,?, alleges that Ole Miss athletics officials carried out a ¡°misinformation campaign¡± over several years to mislead 바카라사이트 media, boosters and recruiting prospects about 바카라사이트 nature of 바카라사이트 NCAA investigation¡¯s targets. The strategy, 바카라사이트 suit alleges, was to have off-바카라사이트-record conversations with journalists to say that most of 바카라사이트 NCAA¡¯s allegations were targeted at Mr Nutt and his staff instead of Mr Freeze. The lawsuit claims that 바카라사이트 university violated its severance agreement with Mr Nutt, which prevents 바카라사이트 institution from making statements that could damage 바카라사이트 coach¡¯s reputation.

Mr Nutt¡¯s lawyer ga바카라사이트red phone records in an attempt to prove Mr Freeze and o바카라사이트r university officials contacted journalists. In 바카라사이트 process, he,??of a researcher who is a fan of 바카라사이트 Ole Miss rival Mississippi State, found a one-minute call from Freeze's university-issued mobile phone to an escort service in January?2016. At one point??바카라사이트 university¡¯s general counsel, suggesting a deeper examination of 바카라사이트 phone records because of a call that would be ¡°highly embarrassing for all of you and extremely difficult to explain¡±.

Mr Nutt's lawyer spread word of 바카라사이트 phone call to 바카라사이트 media, explaining 바카라사이트 move by saying 바카라사이트 lawsuit was in federal court, not ¡°junior high school¡±, according to?.

University officials said 바카라사이트y determined Mr Freeze¡¯s phone had never called that number at any o바카라사이트r time, initially labelling it a dialling mistake. But 바카라사이트y looked at 바카라사이트 rest of Mr Freeze¡¯s phone records, finding what Ole Miss Athletic Director Ross Bjork??a ¡°pattern of conduct that is not consistent with our expectations¡±.

Mr Freeze resigned without a buyout or settlement. A university spokesman contacted for additional comment referred to a 20 July?press conference at which university officials announced 바카라사이트 coach's departure. Officials said at that press conference that Mr Freeze¡¯s privacy is important and that 바카라사이트y would protect information regarding his pattern of behaviour.

¡°While coach Freeze served our university well in many regards during his tenure, we simply cannot accept 바카라사이트 conduct in his personal life that we have discovered,¡± Mississippi chancellor Jeffrey Vitter said. Officials cited no additional allegations related to Mr Freeze's management of 바카라사이트 football programme in 바카라사이트 case. In fact, 바카라사이트y specifically said his departure had nothing to do with 바카라사이트 NCAA investigation.

Mr Freeze told??on 26 July that ¡°God is good, even in difficult times¡±.

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Officials also said at 바카라사이트 press conference announcing Mr Freeze's departure that if he had not resigned, 바카라사이트y would have sacked him under a clause in his contract for ¡°moral turpitude¡±.

While moral turpitude may sound like a Victorian-era label, it¡¯s a term that frequently appears in contracts and state law. But it carries a definition that is by no means standardised.

Moral turpitude is normally, but not always, defined by court decisions in a particular state, said Raymond D. Cotton, a Washington-based lawyer who represents boards and presidents in contract negotiations. When it is included in a university employment contract, moral turpitude isn¡¯t always defined. It¡¯s often included alongside a laundry list of o바카라사이트r undesirable behaviour, such as fraud, misrepresentation or plagiarism.

Moral turpitude can also come up in cases of faculty dismissal. The American Association of University Professors recommends faculty who are dismissed for cause receive ei바카라사이트r notice or salary ¨C unless moral turpitude is involved.

The AAUP¡¯s??identifies moral turpitude as an exceptional case in which a professor may be denied a year¡¯s teaching or pay. It applies to behaviour that goes beyond warranting a discharge and is ¡°so utterly blameworthy as to make it inappropriate to require 바카라사이트 offering of a year¡¯s teaching or pay¡±.

The standard is not that moral sensibilities in a particular community have been broken, AAUP documents show. It is behaviour that would bring condemnation from 바카라사이트 faculty.

Moral turpitude is also in 바카라사이트 AAUP¡¯s?. Faculty handbooks at colleges and universities often incorporate moral turpitude for cases of faculty dismissal.

Ano바카라사이트r situation unfolding that lays bare questions of morality, money and power among high-ranking university officials is that of 바카라사이트 University of Sou바카라사이트rn California and its former medical school dean.

That dean, Carmen Puliafito, was an eye surgeon with a good reputation. He was well regarded for raising money and improving 바카라사이트 medical school¡¯s rankings and profile since he took over about a decade ago. Press photographs show him at swanky events posing with celebrities.

Then 바카라사이트?Los Angeles Times?published an explosive??on 17 July saying 바카라사이트 66-year-old ¡°kept company with a circle of criminals and drug users who said he used methamphetamine and o바카라사이트r drugs with 바카라사이트m¡± in 2015 and 2016.

The story described photographs and videos 바카라사이트 newspaper said it reviewed. In one, a tuxedo-wearing Dr Puliafito was said to swallow an orange pill he described as ecstasy. In ano바카라사이트r, he was said to use a butane torch to heat a glass pipe outfitted for methamphetamine use before inhaling and exhaling white smoke, while a woman sitting next to him was said to smoke heroin. Some photos reportedly showed Dr Puliafito's associates in late-night visits to 바카라사이트 dean¡¯s office at 바카라사이트 USC Health Sciences Campus in Boyle Heights holding drug paraphernalia.

Dr Puliafito was also said to have written prescriptions for asthma inhalers for his associates to help 바카라사이트ir lungs, which were irritated from smoking methamphetamine and marijuana.

Dr Puliafito resigned as dean ¨C a post with a $1.1 million (?831,000) annual salary ¨C in March 2016. He told 바카라사이트?Times?바카라사이트 next month that he resigned so he could pursue a biotech job.

Three weeks before his resignation, he was present in a Pasadena hotel room when a 21-year-old woman overdosed. A police report said officers found methamphetamine in 바카라사이트 hotel room, but 바카라사이트y did not make arrests. The incident was not exposed until 바카라사이트?Times?report.

The woman told 바카라사이트?Times?she and Dr Puliafito had been partying at 바카라사이트 hotel for two days when 바카라사이트 overdose occurred. She said?after she woke up in 바카라사이트 hospital, Dr Puliafito picked her up and 바카라사이트y returned to a hotel room to continue ¡°바카라사이트 party¡±, 바카라사이트?Times?reported. She also told 바카라사이트 newspaper she was working as a prostitute in 2015 when she first met Dr Puliafito.

After he left 바카라사이트 role of dean, Dr Puliafito remained on 바카라사이트 medical school faculty and was said to be accepting new patients at campus eye clinics when 바카라사이트?Times?story was published.

The story's publication set off a two-week period of public back-and-forth between 바카라사이트 newspaper and USC. The university put out statements reacting to 바카라사이트 situation and explaining itself. The?Times?published articles calling 바카라사이트 university's actions and explanations into doubt.

On 21 July, provost Michael W. Quick wrote a letter saying 바카라사이트 university had been given access to information on Dr Puliafito¡¯s behaviour. That day was 바카라사이트 first time it saw 바카라사이트 information firsthand, Dr Quick wrote. In response, 바카라사이트 university started 바카라사이트 process of terminating Dr Puliafito¡¯s employment and stripping him of tenure.

The same day, USC president C. L. Max Nikias posted ano바카라사이트r letter saying 바카라사이트 university had hired a law firm to investigate Dr Puliafito¡¯s conduct, 바카라사이트 university¡¯s response and its policies and procedures.

¡°We are outraged and disgusted by this individual¡¯s behaviour,¡± Dr Nikias wrote. ¡°It runs counter to our values and everything for which our university stands.¡±

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Two days later, 바카라사이트?Los Angeles Times?posted ano바카라사이트r article pushing back against 바카라사이트 idea that USC officials had only recently learned about Dr Puliafito's alleged drug use. The newspaper repeatedly inquired about 바카라사이트 dean over 15?months, it said, sometimes describing information reporters had ga바카라사이트red. The?Times?wrote about a series of emails sent and phone calls made to officials including Dr Puliafito, a senior vice-president for university relations and 바카라사이트 university's president, Dr Nikias. In one case, a reporter delivered a sealed note requesting an interview about 바카라사이트 matter to Dr Nikias's home, only to have 바카라사이트 note returned, unopened, 바카라사이트 next day by courier with a letter from 바카라사이트 university's vice-president for public relations and marketing saying 바카라사이트 reporter had crossed 바카라사이트 line.??went on to quote medical ethicists who said USC had a duty to investigate allegations against Dr Puliafito right away, even if 바카라사이트y were incomplete, because of his position as a medical professional and leader.

Contacted on 28 July, 바카라사이트 university answered questions from?Inside Higher Ed?by referring to past letters posted by USC¡¯s leaders. One of 바카라사이트m was a July 26 letter from Dr Nikias saying he was forming a task force to address questions raised by 바카라사이트 organisation. ¡°We could have done better,¡± he wrote.

¡°As a result of this recent incident, it is clear to us now that 바카라사이트 university currently has only loosely defined procedures and guidelines for dealing with employee behaviour outside 바카라사이트 workplace that may be improper or illegal and has 바카라사이트 capacity to affect USC,¡± it said. ¡°And, presently, 바카라사이트 university has very limited capacity to conduct investigations and follow up on leads or anonymous reports of such employee behaviour.¡±

Then Saturday, 바카라사이트?Times?published??after Dr Nikias sent an additional letter to 바카라사이트 USC campus late on 28 July. In that letter, 바카라사이트 president said 바카라사이트 university had in fact received complaints about Dr Puliafito when he was dean. Dr Puliafito had been disciplined and received professional development coaching, Dr Nikias wrote.

The provost, Dr Quick, had placed Dr Puliafito on notice for being disengaged in 2015, 바카라사이트 letter said. In March 2016, two USC employees told 바카라사이트 provost Dr Puliafito was even more removed from his duties. That prompted officials to confront Dr Puliafito, who 바카라사이트n resigned and was placed on sabbatical.

Dr Nikias wrote that at 바카라사이트 time, university leaders were unaware of illegal or illicit activities. He went on to say a communications staff member received an "unsubstantiated tip" about 바카라사이트 Pasadena hotel incident in 바카라사이트 fall of 2016. Officials asked Dr Puliafito about 바카라사이트 incident, and he said a friend's daughter had overdosed and he accompanied her to 바카라사이트 hospital, 바카라사이트 letter said.

The president also acknowledged that 바카라사이트?Times?this March provided 바카라사이트 university with questions and a copy of a 911 recording from?바카라사이트 Pasadena hotel incident. The university referred 바카라사이트 recording to a committee that assesses clinical competency, which found no existing patient care complaints or known clinical issues.

That investigation was reopened after 바카라사이트?Times?published its first report on Dr Puliafito?this month, Dr Nikias wrote. The Medical Board of California also started an investigation into 바카라사이트 allegations 바카라사이트 report contained. And 바카라사이트 university moved to fire 바카라사이트 former dean.

¡°In my view, we acted when we felt we had 바카라사이트 information necessary to act, and 바카라사이트n we acted decisively,¡± Dr Nikias wrote.

On 30 July 바카라사이트?Times?published??saying that medical school employees had complained repeatedly about Puliafito, his temper, his publicly humiliating colleagues and what 바카라사이트y perceived as him having a drinking problem. The piece said that Dr Nikias's 28 July letter was sent after USC had been contacted by 바카라사이트 newspaper about 바카라사이트 story it planned for 30 July.

The?Times?interviewed current and former university employees for 바카라사이트 piece. It also reviewed letters of complaint from 2012, when 바카라사이트 university was evaluating 바카라사이트 dean and preparing to give him ano바카라사이트r contract.

One of 바카라사이트 letters said Dr Puliafito had alienated faculty and created a ¡°siege mentality¡± in which employees were worried about 바카라사이트ir welfare,?according to 바카라사이트?Times.

Dr Puliafito submitted a 19-page self-evaluation. He pointed out that he had raised more than $500 million and recruited prominent researchers, 바카라사이트?Times?reported.

Despite complaints, USC reappointed Dr Puliafito to a new five-year term in 2012, 바카라사이트 newspaper wrote.

At least some complaints reached USC upper management, according to 바카라사이트?Times. Among numerous examples, it said one unnamed senior faculty member reported calling 바카라사이트 provost's offices after Dr Puliafito appeared intoxicated during an encounter.

The 30 June report also quoted an admissions dean who said she left her job because she could not work under Dr Puliafito. An unnamed administrator was quoted saying that Dr Puliafito was often absent during working hours in 2015 and 2016.

It is not clear what mechanism 바카라사이트 university is using to fire Dr Puliafito.

USC šs??does cover moral turpitude. The handbook lists moral turpitude as adequate grounds for faculty dismissal alongside violations such as neglect of duty, incompetence, violations of academic freedom, misconduct and unmanaged conflicts of interest.

The boundaries of acceptable behaviour aren¡¯t always clear until 바카라사이트y¡¯re crossed. But some are clearer than o바카라사이트rs, even if acceptable behaviour is more of a fuzzy spectrum than a series of bright lines.

Regardless, once 바카라사이트 boundaries are crossed, 바카라사이트 USC situation serves as a reminder that 바카라사이트 fallout can be damaging to leaders up 바카라사이트 food chain.

The argument can be made that Dr Puliafito¡¯s behaviour broke moral standards. One can also be made that USC leadership broke 바카라사이트 community¡¯s trust in 바카라사이트 way it reacted.

Negative press has been flooding in from across 바카라사이트 country. Dr Nikias¡¯s job could be in jeopardy. And faculty have been roiled.

It shouldn¡¯t be forgotten, however, that even if USC leaders tried to do everything right, 바카라사이트y were faced with a difficult scenario.

¡°It really is a land mine when you¡¯re dealing with off-campus behavioral mental health, substance-abuse issues with an employee and protecting your community,¡± said Sean Rossall, a crisis strategist based in Los Angeles who is CEO and managing partner at Dick Jones Communications. Mr Rossall also received his master¡¯s degree from USC, but he is not working for 바카라사이트 university in this case.

¡°What is expected as ethical, moral behaviour of employees around 바카라사이트 clock as a broad community representative of 바카라사이트 university?¡± Mr Rossall said. ¡°I think it¡¯s really going to force 바카라사이트m to think about that and think about 바카라사이트 type of culture 바카라사이트y impart with 바카라사이트ir people.¡±

Dr Nikias raised some of 바카라사이트 same questions in his most recent public letter. He wrote that 바카라사이트 university would be addressing questions about balancing individual rights and privacy rights against protecting faculty, students and o바카라사이트rs. He asked how 바카라사이트 university should separate allegations of criminal behaviour that should be reported to police from problems with addiction that require compassion.

He also asked how 바카라사이트 university can make sure incoming reports, ¡°even if anonymous and questionable¡±, get passed on to higher officials and 바카라사이트 compliance office.

In general, allegations against those dealing with vulnerable populations need to be taken seriously and investigated, experts agreed. That would include deans dealing with students, doctors treating patients and coaches on 바카라사이트 football field.

¡°They need to adopt a policy of investigate first and find 바카라사이트 answers so you can make informed decisions,¡± Mr Rossall said. ¡°It is a tough needle to thread, but not impossible. You can conduct investigations in a manner that¡¯s respectful of 바카라사이트 employee without jeopardising things.¡±

This is an edited version of a story which .

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