Law School Administrators Sweating
Thu, Mar22, 2007 - Category: School of
Law
Contrary to the Feb. 20 statement by AMSL Dean
Bernard Dobranski that "the school isn't under
investigation" (Naples News), a "Fact Finder" from
the American Bar Association has arrived at Ave Maria
School of Law and will be conducting interviews and
reviewing documents today and tomorrow.
The ABA is investigating AMSL for accreditation violations. Months ago, a group of AMSL employees contacted the ABA citing suspected violations. The ABA then contacted AMSL's administration for an explanation. That explanation did not satisfy the ABA; the School administration was unable to "establish that it is operating in compliance with the (ABA) Standards."
Last week, on March 15, Dobranski sent an email to employees and students. In the memo, he said:
Naturally, activities that are affirmatively injurious to the Law School during the course of one's employment at AMSL are not acceptable.
Many in the AMSL community have taken this as a threat to not criticize the closure of the Ann Arbor campus during the ABA Fact Finder's visit. It is reminiscent of a memo sent by Tom Monaghan to College faculty in October 2004 stating that any public criticism of the College Board's decision to close the Michigan campus would be considered "scandal" and, hence, cause for termination. Monaghan has a history of firing employees who report violations of standards or laws to authorities. (Commentary on memo: Fumare)
Click "More..." below for background on the "Fact Finder" dispatched to AMSL, and the full text of Dobranski's March 15 memo.
UPDATE, 3/23/07, 3:15pm - Students from the Law School report the following concerning the Fact Finder's visit:
+ The purpose of his visit was to investigate the faculty's complaint of accreditation standards violations; his purpose was not to assess the institution's request for ABA acquiescence to move to Ave Maria Town.
+ A student offered him a hypothetical scenario involving his own law school - a parallel to AMSL's situation in which a no-confidence vote from a majority of his institution's own faculty was immediately dismissed by his own Board of Governors - and asked if such a situation would likely be a violation of ABA Standards. The Fact-finder replied, "I can't comment [definitively], but that would be a pretty strong case."
+ A report summarizing the conclusions of his visit to AMSL will be filed at the ABA and reviewed in late April or June by the ABA's Accreditation Committee. The Committee may then call the administration before itself to answer questions. If found in violation, the School would be put on probation.
The ABA is investigating AMSL for accreditation violations. Months ago, a group of AMSL employees contacted the ABA citing suspected violations. The ABA then contacted AMSL's administration for an explanation. That explanation did not satisfy the ABA; the School administration was unable to "establish that it is operating in compliance with the (ABA) Standards."
Last week, on March 15, Dobranski sent an email to employees and students. In the memo, he said:
Naturally, activities that are affirmatively injurious to the Law School during the course of one's employment at AMSL are not acceptable.
Many in the AMSL community have taken this as a threat to not criticize the closure of the Ann Arbor campus during the ABA Fact Finder's visit. It is reminiscent of a memo sent by Tom Monaghan to College faculty in October 2004 stating that any public criticism of the College Board's decision to close the Michigan campus would be considered "scandal" and, hence, cause for termination. Monaghan has a history of firing employees who report violations of standards or laws to authorities. (Commentary on memo: Fumare)
Click "More..." below for background on the "Fact Finder" dispatched to AMSL, and the full text of Dobranski's March 15 memo.
UPDATE, 3/23/07, 3:15pm - Students from the Law School report the following concerning the Fact Finder's visit:
+ The purpose of his visit was to investigate the faculty's complaint of accreditation standards violations; his purpose was not to assess the institution's request for ABA acquiescence to move to Ave Maria Town.
+ A student offered him a hypothetical scenario involving his own law school - a parallel to AMSL's situation in which a no-confidence vote from a majority of his institution's own faculty was immediately dismissed by his own Board of Governors - and asked if such a situation would likely be a violation of ABA Standards. The Fact-finder replied, "I can't comment [definitively], but that would be a pretty strong case."
+ A report summarizing the conclusions of his visit to AMSL will be filed at the ABA and reviewed in late April or June by the ABA's Accreditation Committee. The Committee may then call the administration before itself to answer questions. If found in violation, the School would be put on probation.
Profile of the ABA "Fact Finder" sent from the ABA
(Source: ABA Section of Legal Education)
Professor Edwin J. Butterfoss
Hamline University, St. Paul, MN
Professor Ed Butterfoss is a Professor of Law at Hamline University School of Law. He joined Hamline in 1983 and served as Dean of the law school from 1998 to 2003 and as Associate Dean for Academic Affairs from 1995 to 1998. At Hamline, Professor Butterfoss teaches Contracts, Criminal Law, and Criminal Procedure. He earned his B.S. (Accountancy) from Miami University (Ohio) and his J.D. from the Georgetown University Law Center. He currently serves as a board member of the ACLU of Minnesota and the Innocence Project of Minnesota, and as a member of the Minnesota Judges Criminal Benchbook Committee. He has been a member of the Accreditation Committee since 2001, serving as vice chair of the Committee in 2003-04 and as chair from 2004-2006.
From: Dobranski, Bernard
Sent: Thu 3/15/2007 11:22 AM
To: All Law System Distribution; All Alumni
Subject: Relocation Matters
Ave Maria School of Law Community:
I am pleased to advise you that my surgery was successful and I am in the process of rehabilitation. I thank you all for your prayers and kind wishes. Because of the surgery, I was unable for some time to stay abreast of the many reactions to the announcement of our Board of Governor's decision to relocate Ave Maria School of Law to Southwest Florida. Now that I have had an opportunity to review some of that reaction, I believe it is appropriate to offer a few brief comments in response.
Let me reiterate that Ave Maria School of Law will relocate to Southwest Florida, subject to acquiescence by the American Bar Association in accordance with their rules, beginning in the 2009-2010 Academic Year. The relocation matter has been authoritatively resolved by our Board of Governors, and so now we can all move forward consistent with their decision and in the best interests of the Law School. Any speculation to the contrary, such as the suggestion found in an email by The Association of Ave Maria Faculty, is baseless. To be clear, Ave Maria School of Law will relocate -- it will not close and re-open a new law school. Further, our Law School will relocate in its entirety- - it will not leave behind a satellite campus or split into two law schools. I understand that some have claimed to be exploring the idea of establishing a new and unaccredited law school in Ann Arbor when Ave Maria School of Law relocates. Of course, that is their privilege as citizens. Naturally, activities that are affirmatively injurious to the Law School during the course of one's employment at AMSL are not acceptable. But be assured that any activities by any persons directed toward this purpose will have no bearing upon our Law School's relocation in its entirety to Southwest Florida in 2009.
I am well aware that while the relocation decision resolves a major issue there remain many details to be worked out. But the decision has been made and the time for dissent and destructive behavior has passed. To our students I say consider volunteering to be part of the transition planning but concentrate first and always on your studies. To our faculty and staff I say you are all welcome in Florida and should consider becoming involved in the transition planning. To the entire community I say that the best way to help preserve what truly matters about our Law School is to make its relocation as successful as possible. I hope that everyone, regardless of their opinion about the relocation decision and intent to move to Florida, will join together in working and praying for our Law School's successful relocation.
Dean Bernard Dobranski
(Source: ABA Section of Legal Education)
Professor Edwin J. Butterfoss
Hamline University, St. Paul, MN
Professor Ed Butterfoss is a Professor of Law at Hamline University School of Law. He joined Hamline in 1983 and served as Dean of the law school from 1998 to 2003 and as Associate Dean for Academic Affairs from 1995 to 1998. At Hamline, Professor Butterfoss teaches Contracts, Criminal Law, and Criminal Procedure. He earned his B.S. (Accountancy) from Miami University (Ohio) and his J.D. from the Georgetown University Law Center. He currently serves as a board member of the ACLU of Minnesota and the Innocence Project of Minnesota, and as a member of the Minnesota Judges Criminal Benchbook Committee. He has been a member of the Accreditation Committee since 2001, serving as vice chair of the Committee in 2003-04 and as chair from 2004-2006.
From: Dobranski, Bernard
Sent: Thu 3/15/2007 11:22 AM
To: All Law System Distribution; All Alumni
Subject: Relocation Matters
Ave Maria School of Law Community:
I am pleased to advise you that my surgery was successful and I am in the process of rehabilitation. I thank you all for your prayers and kind wishes. Because of the surgery, I was unable for some time to stay abreast of the many reactions to the announcement of our Board of Governor's decision to relocate Ave Maria School of Law to Southwest Florida. Now that I have had an opportunity to review some of that reaction, I believe it is appropriate to offer a few brief comments in response.
Let me reiterate that Ave Maria School of Law will relocate to Southwest Florida, subject to acquiescence by the American Bar Association in accordance with their rules, beginning in the 2009-2010 Academic Year. The relocation matter has been authoritatively resolved by our Board of Governors, and so now we can all move forward consistent with their decision and in the best interests of the Law School. Any speculation to the contrary, such as the suggestion found in an email by The Association of Ave Maria Faculty, is baseless. To be clear, Ave Maria School of Law will relocate -- it will not close and re-open a new law school. Further, our Law School will relocate in its entirety- - it will not leave behind a satellite campus or split into two law schools. I understand that some have claimed to be exploring the idea of establishing a new and unaccredited law school in Ann Arbor when Ave Maria School of Law relocates. Of course, that is their privilege as citizens. Naturally, activities that are affirmatively injurious to the Law School during the course of one's employment at AMSL are not acceptable. But be assured that any activities by any persons directed toward this purpose will have no bearing upon our Law School's relocation in its entirety to Southwest Florida in 2009.
I am well aware that while the relocation decision resolves a major issue there remain many details to be worked out. But the decision has been made and the time for dissent and destructive behavior has passed. To our students I say consider volunteering to be part of the transition planning but concentrate first and always on your studies. To our faculty and staff I say you are all welcome in Florida and should consider becoming involved in the transition planning. To the entire community I say that the best way to help preserve what truly matters about our Law School is to make its relocation as successful as possible. I hope that everyone, regardless of their opinion about the relocation decision and intent to move to Florida, will join together in working and praying for our Law School's successful relocation.
Dean Bernard Dobranski