Bradley Resigns from AMSL Board
AveWatch attempted to contact Bradley earlier this month concerning the help provided by the School to a local priest investigated for child pornography. AW asked Bradley and other Board members if they approved of the handling of the matter by Dean Bernard Dobranski and Chairman Tom Monaghan. All Board members declined comment.
This begs several questions - Who is really on AMSL's Board of Governors as of today? Why does the Law School website still list Bradley? Who does the AMSL community contact for answers on accountability concerning the administration's many recent self-inflicted crises:
- failure to report to the police that AMSL offered and provided help to a child pornography suspect
- failure to discipline or sanction Chaplain Orsi for offering the aforementioned help to a person not employed by AMSL
- failure to discipline or sanction Chaplain Orsi for comments embarrassing to the institution [1,2,3]
- failure to respectfully treat AMSL co-founder and tenured professor Stephen Safranek, leading to further institutional embarrassment with legal colleagues and students/alumni
- failure of Dean Dobranski to garner confidence in his leadership among faculty and alumni
- possible failure to follow accreditation standards, resulting in an ongoing ABA investigation
Monaghan Supports Illegal Alien
Yesterday, a south Florida newspaper reported that one of two full scholarships given by AMU went to a "undocumented student" (illegal alien), Ofelia Perez. For almost two weeks now, AMU and AMU's PR agency have declined comment to all media outlets on this issue.
The student's family came into the country from Guatemala approximately 15 years ago.
Ms. Perez was quoted as saying:
"I've been living here practically all my life. It's not fair to have to pay out-of-state tuition," Perez said. Perez, who doesn’t have a visa, moved from West Palm Beach to Immokalee at the start of her sophomore year in high school.
It must be the case that AMU accepts admissions applications without Social Security numbers. In the student's class of 278 at Immokalee High School, neither the valedictorian nor salutatorian were awarded a scholarship as large as Perez's.
Ms. Perez also received money from the Knights of Columbus. The K-of-C was unaware of her illegal status at the time that their award was given. The local K-of-C Grand Knight has since said, "It would not be fair that a child who is a U.S. citizen would be passed over for one who is not.."
Note: The purpose of this post is not to put forward an AveWatch position on scholarships and legal status. Illegal alien status and benefits are a hot-button issue for conservatives. The point here is to simply say that many conservatives will find Tom Monaghan's support for illegal aliens disconcerting; his base is already divided, and shrinking, among conservative Catholics. This may also cost him support in south Florida where feelings about benefits to aliens run strong in Republican districts. It is ironic that Monaghan will likely be lauded by worker's rights groups for this scholarship. Yet, Monaghan's treatment of his own workers is at the heart of the many controversies surrounding his iron-fisted governance. Ms. Perez may be in for a shock at AMU.
"I think that the (Church) hierarchy doesn't know as much about those things as they do about their theology."
-- Tom Monaghan on blocking unionization of faculty, Wall Street Journal, 2006
"AMU does not behave like a Catholic employer. Justice issues are systematically neglected in the employer-worker relationship."
-- Guillermo Montez, AMU Chairman of Economics, 2005
Over 70% Say "No" to Tom's Town
That was the question asked by the Naples Daily News to its readers. Here are the results published today, one week after Ave Maria Town's grand opening, with 3,232 votes cast:
No - 72% (2,355 votes)
Yes - 22% (717 votes)
Undecided - 4% (160 votes)
Dean Runs Amok
Tonight, multiple unconfirmed reports to AveWatch state that Professor Safranek has now been banned from access to his office, the Law School grounds, and his School email account - all without being formally terminated and without due process. His pay and benefits will, apparently, be suspended in September.
Any faculty, staff, students, alumni, or Board members who wish to make a statement can do so through AveWatch's contact form.
Contrast the treatment of co-founders Charles Rice (Professor Emeritus) and Stephen Safranek to that of Chaplain Fr. Michael Orsi. How is it that someone like Orsi - who has behaved with shocking carelessness [1,2,3] and invited controversy upon the Law School - receives not even a reprimand or sanction from Dean Dobranski nor Chairman Monaghan? It is no coincidence that Chaplain Orsi is reported to be the loudest non-administration "yes man" for Monaghan on AMSL's campus. This is the Ave Maria culture on display for the world to see - If you put duty to Tom Monaghan's whim above every other duty and obligation, you will be protected. If you say that duty to Mr. Monaghan is not synonymous with duty to institutional "mission", then you become a target. That is the internal rot bred by an institution laiden with administrative conflict-of-interest.
It is time for the Board of Governors at Ave Maria School of Law, and the School's entire community, to stop this embarrassment and say "Enough."
Fumare comments here and here
UPDATED, 7/29/2007 - statement released by Professor Kevin Lee (click 'More..' below)
UPDATED, 7/30/2007 - letter of suspension from Dobranski (released by Fumare) confirms the aforementionedMore...
BoysCherries - Orsi on Discrimination
The following brief fair-use clips are from the October 14, 2006 AMSL radio show. The primary topic is discrimination on the basis of weight.
Background: Michigan is the only state to specifically prevent discrimination on the basis of weight. The state's Elliott-Larsen Civil Rights Act [PDF] was significantly amended in 1976. Now §202(i) of the law specifically states that an employer shall not refuse to hire or recruit, discharge or otherwise discriminate against an individual because of weight (or religion, race, color, national origin, age, sex, height or marital status). This law was used in the 2005 case of Pasanski v. Continental Rental Inc. Steve Pasanski was discharged from his position as a store manager. He weighed 360 pounds. Pasanski claimed that his employment was terminated because of his weight, and he won $284,000 in damages.
The incredible carelessness with which Chaplain Orsi conducted this conversation on discrimination - along with his sophomoric ensemble of Ave Maria administrators and personnel - gave AW the impression of bias against overweight individuals. Who would think that this kind of twaddle came from a law school - much less a Catholic law school - on an issue like discrimination? In AW's opinion, the tone is insulting, irresponsible, and a liability waiting to happen. This embarrassment should be near the top of a Board-sponsored independent assessment of institutional injury at the managerial hands of Dobranski and Monaghan. The first voice that you hear in each clip is Chaplain Orsi, AMSL's "Research Fellow in Law & Religion", who is a Catholic priest with a doctorate in Education.
Listen to the clips in order:
BoysCherries - Orsi on Immodest Dress
The following brief fair-use clips are from the October 28, 2006 AMSL radio show. The primary topic is the Australian Muslim mufti who blamed women for inciting rape by their choice of dress. It is beyond AW's comprehension that Dean Dobranski and Chairman Monaghan would ever allow Orsi back behind a Ave Maria microphone after these comments. The first voice that you hear in each clip is Chaplain Orsi, AMSL's "Research Fellow in Law & Religion", who is a Catholic priest with a doctorate in Education.
Listen to the clips in order:
Ave Maria Town - A Review
BoysCherries - Orsi on 16 yr. olds
AveWatch has questioned the prudence of AMSL's decision to not report its direct involvement with Fr. Thomas to the police. AW has questioned Chaplain Orsi's decision to allow months to pass without Dean Dobranski's awareness of the help Orsi offered... and all with no apparent sanction or reprimand against Orsi for inviting difficulty upon the School. AW is interested in understanding the factors that might contribute to the persistent, but now seemingly untenable, belief that Fr. Thomas genuinely sought to preserve the contents of his computer hard drive... contents that Ave Maria School of Law should have discovered as a bevy of vile adult gay pornography and simulated child pornography during its internal investigation of the matter.
AveWatch is a long-time follower of "The Advocate", a weekly call-in radio broadcast featuring Chaplain Fr. Michael Orsi and Dean Bernard Dobranski. The broadcasts are heard in the Ann Arbor local market, but are available for free, in their entirety, as both a download and as a stream from the Law School's website. Given these outlets, one assumes that the show is a point-of-pride for the School.
AveWatch already reported that Chaplain Orsi is an outspoken public advocate that ordained gay priests not be put under "one strike, you're out policies". But what of victims? Some of Orsi's comments from the radio show are disturbing, in our opinion. The attached podcasts are short fair-use excerpts from the show on October 7, 2006. They discuss the culpability of the 16 year old boys in the Rep. Mark Foley 2006 sex scandal [1,2]. ABC News also reported that Foley asked for oral sex and explicit photos from a 17 year old page in 2002. The first voice that you hear in each clip is Chaplain Orsi, AMSL's "Research Fellow in Law & Religion", who is a Catholic priest with a Doctorate in Education.
Listen to the clips in order:
Accreditation, Boards, and Conflicts
There are at least two things that make this particular 'story' on accreditation curious. Other watchdog websites, besides AW, have also connected accreditation, board structure, and conflicts-of-interest for both AMU and Ave Maria School of Law.More...
BoysCherries - Ugly Reality
AveWatch has gone to great trouble to be technically accurate in its account of the help provided by Ave Maria School of Law to a local priest investigated for child pornography. It is true that no criminal charges were filed against Fr. Thomas; the suspected child porn was located in an unallocated sector, which is not prosecutable. But, what was found "preserved" on that computer?... and what does it say of individuals who today persist in maintaining that Fr. Thomas' genuine intention in seeking Ave Maria's help was to preserve information that would establish his innocence?
The following is explicit. Use your own judgement.More...
Legal Colleague Questions Dean-Board
Scaperlanda excerpt: Dean Dobranski, are you willing to step aside as dean and humbly join the faculty, if that is what it takes to heal this broken community? Dean and Board, to the extent that you have fallen short, are you now willing to treat the Faculty – as sharers in the law school’s governance – with respect and dignity? Where you have acted inappropriately, are you willing to humbly ask forgiveness?
MoJ letter
BoysCherries - Response to Dean
UPDATE, 7/21/2007 - Fox News Detroit, AMSL storyMore...
BoysCherries - Who Should Call Police?
"Ave Maria Law School entangled in porn scandal"
"Priest directed computer staff to 'scrub' hard-drive"
The Law School's Dean, Bernard Dobranski, didn't like the word 'scrub', claiming the link to be "defamatory".
What is the Dean's support for defamation? Click below to review these matters and read the Dean's fax to NOR.More...
BoysCherries - Founder Wants Probe
Media Update:
+ 7/12/2007 - Fox News Detroit (Channel 2) - video
+ 7/17/2007 - New Oxford Review cites story in News Headlines
BoysCherries - Ave Involvement
Bob & Judy Zabik are parishioners at Fr. Thomas' Holy Spirit Parish. Mrs. Zabik served as Acting Principle of the parish school and served as the Chair of the Finance Committee for five years. Statement:
"Our last conversation with Fr. Thomas was after the 11:00am Mass on the last Sunday that he said Mass at Holy Spirit. Fr. Thomas told us that he was having someone at Ave Maria help him replace his hard drive. He didn't tell us who, and he didn't tell us which Ave Maria entity, and we didn't ask. Fr. Thomas also spoke about "getting a new brain" for his computer at his homily in that Mass."
"I mentioned Fr. Thomas' comments about Ave Maria to Patrick Flynn. It is my understanding that, eventually, news of this got to Ave Maria Law School, and the Dean of the Law School contacted Patrick looking for names and dates."
Patrick Flynn, the parish employee who first discovered and reported the pornography also said:
".. after Father Bill [Thomas] went lakeside, Dean Falvey [Ave Maria School of Law] called me at my office. He wanted to know if I knew any more about Father possibly taking his computer to AM [Ave Maria]. I told him that I did not. I only knew what he told the parishioner and that he did not specify which AM entity he was headed for. Falvey sounded sincerely upset that the Law School could quite possibly have been abused in this way."
Other evidence pointing to Ave Maria's likely involvement:
+ The police incident report states "Pavlock stated that he was told by Father Thomas that Father took the hard drive and he gave it to Dr. Silva at Ave Maria College in Ann Arbor. Pavlock stated that Dr. Silva had the hard drive for a short period of time before he shipped it back to Father Thomas."
+ AveWatch has a protected source who reports knowing that Fr. Orsi admitted to directing Law School IT staff to Fr. Thomas.
+ AveWatch received the following statement from Robert Falls, Monaghan's PR agent, corroborating that the Law School's Chaplain, Fr. Michael Orsi (also an assisting pastor at Holy Spirit Church) was involved:
"Each and every allegation concerning the incident in question -- which is not accurately portrayed in the article--was fully and thoroughly investigated by an outside law firm (the same law firm that has been widely praised for its recent internal investigation into the death of a student at Eastern Michigan University) and no wrongdoing by any person connected w/AMSL was found to have occurred--specifically including Father Orsi or anyone in the IT department."
The law firm mentioned here is Butzel-Long, Tom Monaghan's long-time legal representation. Why would Butzel-Long do an internal investigation at the Law School, and Falls specifically mention Orsi and the IT department if, in fact, they had no contact with Fr. Thomas about his computer?
Ave Maria School of Law and Ave Maria College must clearly state whether any of its employees were involved in the handling or offering of help to Fr. Thomas while he was under investigation by police. If Ave Maria was involved, they must also state the nature of that involvement and why such involvement was not reported to the police.
BoysCherries - Statement Released
Excerpts from Flynn [clarification in square brackets; emphasis added]:
"Father Thomas [the priest in question] is sitting up in his cottage in Bear Lake collecting full pay and benefits from the Parish while still bearing the title, Pastor after what he has done. And I who, for the welfare of the children of the church, did only what was right, am harassed, insulted and ultimately terminated without a source of income to support my wife and seven children."
"According to the attorney for the Diocese, Michael Murray, Bishop Mengeling told Father [Fr. Thomas, the priest in question who was helped by Ave Maria School of Law] to return to the parish, get all that material off the computer and behave properly and do not retaliate against the whistle-blower."
"According to a parishioner, several days before his [Fr. Thomas'] departure, Father expressed an intent to bring his computer to Ave Maria (he did not specify which entity) and have the hard drive erased."
Again, AveWatch asks - Why didn't Tom Monaghan, Chairman of the Board at Ave Maria School of Law, report his institution's involvement to the police?
AveWatch also calls upon AMSL's Board of Governors to state if it is their position that Chairman Monaghan and Dean Dobranski acted appropriately by not insisting that all involved Ave Maria employees immediately report to state investigators; obtained police reports found no indication of any statement offered by any Ave Maria employee.
Ave Maria School of Law Board of Governors:
+ Professor Helen M. Alvaré
Professor of Law, Catholic University of America
+ Professor Gerard V. Bradley
Professor of Law, University of Notre Dame
+ Mr. Peter A. Carfagna
Senior Counsel, Calfee, Halter & Griswold LLP
+ His Eminence Edward Cardinal Egan
Archbishop of New York
+ Professor Robert P. George
McCormick Professor of Jurisprudence, Princeton University
+ Mr. William F. Harrington
Chairman, Bleakley Platt & Schmidt, LLP
+ His Eminence Adam Cardinal Maida
Archbishop of Detroit
+ Mrs. Kate W. O’Beirne
Washington Editor, The National Review
+ Dr. Michael M. Uhlmann
Visiting Prof. of American Government, Claremont Graduate University
Flynn Statement - PDF
BoysCherries
"...it is necessary that I address with you the matter of the appropriate use of law school resources by faculty members. Ave Maria School of Law resources, including the Law School email, may not be used... for any other activities or purposes that are intended to or are reasonably likely to undermine or damage, tangibly or intangibly, the successful operations of our Law School."
Question -
Is it a violation of the Dean's "appropriate use" rubric if an AMSL employee directs the School's Information Technology (IT) staff to offer consultation to a non-employee concerning computer files and their storage and erasure? What if that non-employee was a local priest under investigation for child pornography?
UPDATE, 7/10/2007 (2:30pm EST) - The wife of the parishoner who first discovered and reported the computer pornography makes a statement.
UPDATE, 7/10/2007 (4:45pm EST) - To facilitate media requests, background information on some aspects of this story can be found in the following Michigan Dept. of State Police "Incident Numbers":
- 012-0005383-05(DB) (there is also a search warrant with this number)
- CCU-0000156-05 (FU)More...
Students/Alumni Rise for Safranek
Excerpt from one letter:
I have no comprehension why a man who has sacrificed and dedicated himself wholeheartedly to the students of Ave Maria would be subjected to a less than dignified removal. If these rumors are in fact true, I would sincerely hope that you and the rest of the administration would look at your own actions in light of our law school’s mission. I have now observed countless criticisms by this administration charged at alumni and the alumni group I have now become a part of at attempting to destroy the law school. If speaking up for the proper respect and human dignity of those within our community is wrong, then I went to the wrong law school or went to one where the mission has become nothing more than merely words with no meaning. I believe that not to be the case, but I would consider such an act against Professor Safranek to be an act in a reign of terror and a seriously flawed application of the mission of Ave Maria within its own administration.
Click below to read some of the letters sent to AMSL Dean Bernard Dobranski. Also of interest is Dobranski's response to these concerned students and alumni.
UPDATE, 7/8/2007 - More letters are coming-in to AveWatch. Visitors - please take the time to read them. These young articulate Catholic lawyers ARE "the mission" of the Law School... and now that mission speaks as a powerful testament to AMSL's administration. More...