Welcome to the 2006-2007 Archive
Thu, Jan17, 2008 - Category: Miscellaneous
AveWatch is growing! This site, AveWatch.org,
now represents our archive of articles
published in 2006 and 2007.
For 2008 and beyond, please visit us at AveWatch.com - http://www.avewatch.com
If you were a subscriber to the .org RSS feed, please be sure to visit the .com website and update to the current feed.
For 2008 and beyond, please visit us at AveWatch.com - http://www.avewatch.com
If you were a subscriber to the .org RSS feed, please be sure to visit the .com website and update to the current feed.
New AveWatch Site
Wed, Jan16, 2008 - Category: Miscellaneous
To meet growing demand, and in anticipation of trial
traffic, AveWatch is upgrading to a faster server and a
new format. Our domain names (AveWatch.org, .com, .net)
will stay the same. Look for changes in the next few
days. Those who subscribe to our RSS feed will need to
update to our new/improved feed.
More later...
More later...
Trial Preparations and Full Explanations
Sun, Jan13, 2008 - Category: School of
Law
As Tom Monaghan and his Ave
Maria generals (including Collier Co. CEO Paul
Marinielli) prepare to be deposed, a few things
are worth remembering:
In a July 20 2007 interview on Fox 2 News (Detroit),
AMSL Dean Bernard Dobranski said that Tom Monaghan was
informed of what transpired when the Law School offered
computer help to a local priest investigated for child
pornography (see BoysCherries series; hear
audio). According to Fox, Monaghan's
Law School chose not to share the findings of its
internal "investigation" with police "claiming
privacy and no fresh information".
That said, Mr. Monaghan should be considered by
everyone to be a fully informed participant in
the BoysCherries incident. We give him no wiggle room
for claiming lack of understanding of all that
transpired. We trust that he was fully aware of
the fact that at least one of his Ave Maria College
employees was, according to police reports, in direct
contact with the priest's pornographic hard drive. In
the upcoming trial's fact finding, if anything
comes out showing inconsistency, falsehood,
half-truths, or more extensive involvement of
previously named or unnamed individuals, we will hold
Mr. Monaghan responsible for (a) not offering a
complete explanation of the events and (b) denying the
police their right to investigate matters for
themselves. It will be deeply problematic for Monaghan
if there is any whiff that what transpired was
more than what was publicly disclosed; given the
seriousness of the matter, a cloud of distrust will
hover over Monaghan in all things Ave Maria, including
his Town.
An explanation remains open as to how the priest and
his parish supporter - both of whom lacked computer
technical skill - garnered the instructions and skill
to remove the pornographic drive and to install/format
the brand new hard drive.
Before the trial starts, it is also worth considering
Dean Dobranski's boundless tolerance for the outrageous
public remarks made week after week by his "buddy" AMSL
Chaplain Fr. Michael Orsi (1,2,3,4)...
and compare that to Dobranski's harsh and abrupt
termination
of tenured founding professor Steve Safranek based,
supposedly, on thin
and misleading
reasons. Remember, it was Orsi who
invited the BoysCherries scandal upon the
Law School... and it was Orsi who, according to
reports, never even bothered to tell the Dean about
the incident until after Dobranski was
informed by another source.
Dobranski's seemingly insurmountable task is to put
lipstick on the obviously ugly mug of arbitrary
employee treatment, as typified by where Orsi and
Safranek are today. There isn't enough makeup at a
Marco Island community meeting to coverup that boss
hog.
Laughing at Tom Monaghan
Sat, Jan12, 2008 - Category: Miscellaneous
Monaghan Offers Political Support
Sat, Jan12, 2008 - Category: Miscellaneous
UPDATE,
1/16/08 - To clarify: Non-profit organizations cannot
make direct political contributions. The FEC requires
that individuals state their place of employment. Any
mention of contributions "coming from" a particular
organization represents the aggregate of individual
private contributions. This is common practice by those
who analyze the FEC's data. We assumed people knew this
with the original post.
This past week, with less than five days remaining until the Michigan Presidential Primary, a press release was issued by Mitt Romney to announce Tom Monaghan's endorsement. Romney was quoted as being "proud to have his support". We'll hold him to that pride. Monaghan, true to form, reminded people that he sold Dominos to Romney's Bain Capital group ten years ago. Since Bain's money is what built AMU, maybe the eternally-grateful Monaghanites should re-direct their servitude to Romney.
Let's hope that Monaghan's backing isn't the kiss of death for Romney. Monaghan was brought into the campaign of Sam Brownback to help raise money for the Kansas Senator's presidential bid. That campaign flopped early citing poor donor contributions. Luckily, Romney has his own personal wealth to tap into.
More interesting is Monaghan's support for a Republican running for the House of Representatives from Virginia's 11th district in 2008. Keith S. Fimian of Oakton, Virginia is challenging Republican incumbent Tom Davis for his district's seat. As of late December 2007, according to documents filed with the FEC, money coming from "Ave Maria University" is third in Fimian's top three sources for donations. There is even a donation of $2,300 (the limit) from Monaghan's wife, Marjorie (9/25/07).
But why Fimian from over in Virginia?
Call it coincidence, but Fimian is Chairman and Founder of US Inspect - "America's leading national home inspection company - your source for residential, relocation, and commercial inspection services whether you are moving across town or across the country." According to the company's website, "Mr. Fimian is responsible for the Company's long-term business strategy, its key client relationships, and its new business development initiatives." How shrewd it is for a south Florida real estate investor-developer like Monaghan to put money into the campaign coffers of the head of "America's leading home inspection company". Interestingly, the donations attributed to sources from Ave Maria are double those received by Fimian from his own US Inspect employees.
This past week, with less than five days remaining until the Michigan Presidential Primary, a press release was issued by Mitt Romney to announce Tom Monaghan's endorsement. Romney was quoted as being "proud to have his support". We'll hold him to that pride. Monaghan, true to form, reminded people that he sold Dominos to Romney's Bain Capital group ten years ago. Since Bain's money is what built AMU, maybe the eternally-grateful Monaghanites should re-direct their servitude to Romney.
Let's hope that Monaghan's backing isn't the kiss of death for Romney. Monaghan was brought into the campaign of Sam Brownback to help raise money for the Kansas Senator's presidential bid. That campaign flopped early citing poor donor contributions. Luckily, Romney has his own personal wealth to tap into.
More interesting is Monaghan's support for a Republican running for the House of Representatives from Virginia's 11th district in 2008. Keith S. Fimian of Oakton, Virginia is challenging Republican incumbent Tom Davis for his district's seat. As of late December 2007, according to documents filed with the FEC, money coming from "Ave Maria University" is third in Fimian's top three sources for donations. There is even a donation of $2,300 (the limit) from Monaghan's wife, Marjorie (9/25/07).
But why Fimian from over in Virginia?
Call it coincidence, but Fimian is Chairman and Founder of US Inspect - "America's leading national home inspection company - your source for residential, relocation, and commercial inspection services whether you are moving across town or across the country." According to the company's website, "Mr. Fimian is responsible for the Company's long-term business strategy, its key client relationships, and its new business development initiatives." How shrewd it is for a south Florida real estate investor-developer like Monaghan to put money into the campaign coffers of the head of "America's leading home inspection company". Interestingly, the donations attributed to sources from Ave Maria are double those received by Fimian from his own US Inspect employees.
Eisenberg Resigns from Ave Maria Law
Thu, Jan10, 2008 - Category: School of
Law
Excerpt of Eisenberg's AMSL bio:
"Professor Eisenberg has also served as an attorney for the administrative office of the Judicial Council of California, and has taught at Golden Gate University School of Law, the University of Michigan Law School, and Hastings College of the Law. Her course offerings include Professional Responsibility, Criminal Law, and Law and Literature. She earned a Bachelor of Arts in English and Religious Studies from the State University of New York, Stony Brook, a Master of Arts in English and American Literature from Princeton University, and a Juris Doctor from Harvard Law School."
Hat tip Fumare (comments)
Oratory Grand Opening Cancelled
Thu, Jan10, 2008 - Category: University
Yesterday, Naples Daily News reported that Ave Maria University's scheduled grand opening for the oratory was cancelled. Bishop Frank Dewane of the Diocese of Venice has yet to approve Tom Monaghan's salmon steak-shaped building for Mass. But why? Feedback to AveWatch suggests that the residents of Ave Maria Town and University are pointing at Dewane as the fly in their ointment. Our speculation, however, is that the stiff neck belongs to Monaghan, not the Bishop. If it is shown to be true that the hold-up in the Oratory's opening is due to Monaghan's refusal to allow the Bishop to appoint the oratory chaplain - a right that is well within the Bishop's purview - Monaghan will have some angry locals and donors to deal with, not to mention his business partners (Baron Collier; Pulte) who built their real estate development with "a town core anchored by the landmark Oratory". Let's see where Monaghan puts the blame for this mess during the annual meeting of his club for rich Catholic businessmen, Legatus, in a few weeks. An advertised "highlight" to attend the $1,500/person event was "Latin Mass, at the new Ave Maria Oratory".
Bromberg Resigns from Ave Maria Law
Wed, Jan09, 2008 - Category: School of
Law
Excerpt from AMSL bio:
"[Bromberg] worked as an Assistant District Attorney in the Appeals Bureau of the New York County District Attorney‘s Office. He has taught at the University of Chicago Law School, Stanford Law School, Harvard Law School, and the University of Michigan Law School. He served as the founding Director of Ave Maria School of Law‘s three-semester Research, Writing, and Advocacy Program and currently teaches Property, American Legal History, and Origins of the Constitution. Professor Bromberg holds a Bachelor of Arts with high honors from Harvard College, a Juris Doctor with honors from Harvard Law School, and a Master of the Science of Law from Stanford Law School."
Hat-tip to Fumare (comments)
Falvey Resigns from Ave Maria Law
Fri, Dec21, 2007 - Category: School of
Law
In October 2006, AMSL Chairman Tom Monaghan asked Falvey to submit, in 45 days, a detailed report on the financial future of the Law School in the events leading-up to the Board decision to move the School to Monaghan's Florida real estate development. That document - referred to as "The Falvey Report" - concluded that (1) Monaghan's financial management of AMSL was destabilizing the institution and (2) that it would be in AMSL's best interest to reduce, not increase, his financial involvement, particularly as it relates to American Bar Association accreditation. He was said to be concerned that AMSL was run de facto as a proprietary law school but that de jure it was not.
Colonel Falvey's brief profile, AMSL website (bio):
"Professor Falvey began his legal career as a Marine Corps judge advocate where he served as either a judge, prosecutor, or defense counsel in more than 280 criminal trials. He later served as Assistant Dean and Associate Professor of Law at the University of Detroit Mercy School of Law. Professor Falvey served as Associate Dean for Academic Affairs at Ave Maria School of Law from its founding in 1999 to 2006. Professor Falvey is a recognized expert in international criminal law. He has drafted rules of evidence and procedure for the International War Crimes Tribunal for Yugoslavia and has written several articles pertaining to international criminal law. He teaches Criminal Law, Evidence, Trial Advocacy, and National Security Law. He holds a Bachelor of Arts from the University of Notre Dame, a Juris Doctor with honors from Notre Dame Law School, and a Master of Laws with honors from the Judge Advocate General‘s School."
[Hat-tip: Fumare]
AMU Accreditor Not Endorsed by ED
Fri, Dec21, 2007 - Category: University
Ave Maria University's only access to federal financial
aid is through The American Academy for Liberal
Education (AALE). As AveWatch readers know (see series
here),
AALE has been in hot water with the federal
Department of Education since 2001. Earlier this
week, a Department of Education (ED) panel charged
with reviewing accrediting agencies (NACIQI) voted
(again) to not endorse AALE's renewal as an agency
and, instead, chose to defer the decision to renew
or boot AALE for one year.
Chronicle of Higher Education, Weds. Dec. 19, 2007 (subscription):
AALE returned for its follow-up review this week, with Naciqi's professional staff having graded the accreditor as largely complying with the conditions set out a year ago, though without having fully demonstrated changes through updated assessments of its member colleges.
A department official who prepared the staff analysis, Steve Porcelli, told Naciqi that the accreditor's leadership had been a "failure" in the past. Yet the AALE's member institutions had forced changes that made the academy worthy of another one-year extension of accrediting authority, Mr. Porcelli said. "To not give it a chance would be almost a shame," he said.
Naciqi did endorse the one-year extension, and it also voted unanimously to suggest that the secretary allow the academy to resume accrediting new applicant colleges.
Chronicle of Higher Education, Thurs. Dec. 20, 2007 (subscription):
Naciqi, during the two-day series of reviews for 17 accrediting agencies, endorsed the renewal applications of all but two. Those, the American Academy for Liberal Education and the Midwifery Education Accreditation Council, received deferrals that would grant them continued federal authority while they resolve some problem areas.
AMU was supposed to be evaluated by AALE in November to receive either final full accreditation or to be dropped by the agency; AMU was on its last possible round of temporary pre-accreditation with AALE. Instead of voting to accept or reject AMU last month, AALE recently extended AMU's temporary accreditation "because of AALE's uncertain status with the federal Department of Education". This extension violated AALE's own rules in terms of (a) the number of extensions that AMU has received and (b) AALE's own stated policy of requesting and evaluating public input on the schools that it evaluates. That is, AALE sought no public input on AMU (see here).
Ave Maria and AALE have a history of questionable interactions including, most recently, an offer by AMU to give AALE significant financial assistance. This conflict-of-interest may explain the curious report last month by Naples Daily News in which "the AALE was organizing a third-party site visit to Ave Maria in the spring to evaluate the school." Why would an accrediting agency, whose purpose is to evaluate institutions, want or need to bring in "a third-party" to do AMU's site visit? Strange.
As AALE's existence hangs by a thread, the agency and its member institutions should think long and hard about whether the antics of AMU are worth the added scrutiny that the public and the Department of Education will heap upon them.
AMU's application to another accreditor, SACS, does not look promising and is, according to the former Provost of AMU, "still 3-4 years away".
Chronicle of Higher Education, Weds. Dec. 19, 2007 (subscription):
AALE returned for its follow-up review this week, with Naciqi's professional staff having graded the accreditor as largely complying with the conditions set out a year ago, though without having fully demonstrated changes through updated assessments of its member colleges.
A department official who prepared the staff analysis, Steve Porcelli, told Naciqi that the accreditor's leadership had been a "failure" in the past. Yet the AALE's member institutions had forced changes that made the academy worthy of another one-year extension of accrediting authority, Mr. Porcelli said. "To not give it a chance would be almost a shame," he said.
Naciqi did endorse the one-year extension, and it also voted unanimously to suggest that the secretary allow the academy to resume accrediting new applicant colleges.
Chronicle of Higher Education, Thurs. Dec. 20, 2007 (subscription):
Naciqi, during the two-day series of reviews for 17 accrediting agencies, endorsed the renewal applications of all but two. Those, the American Academy for Liberal Education and the Midwifery Education Accreditation Council, received deferrals that would grant them continued federal authority while they resolve some problem areas.
AMU was supposed to be evaluated by AALE in November to receive either final full accreditation or to be dropped by the agency; AMU was on its last possible round of temporary pre-accreditation with AALE. Instead of voting to accept or reject AMU last month, AALE recently extended AMU's temporary accreditation "because of AALE's uncertain status with the federal Department of Education". This extension violated AALE's own rules in terms of (a) the number of extensions that AMU has received and (b) AALE's own stated policy of requesting and evaluating public input on the schools that it evaluates. That is, AALE sought no public input on AMU (see here).
Ave Maria and AALE have a history of questionable interactions including, most recently, an offer by AMU to give AALE significant financial assistance. This conflict-of-interest may explain the curious report last month by Naples Daily News in which "the AALE was organizing a third-party site visit to Ave Maria in the spring to evaluate the school." Why would an accrediting agency, whose purpose is to evaluate institutions, want or need to bring in "a third-party" to do AMU's site visit? Strange.
As AALE's existence hangs by a thread, the agency and its member institutions should think long and hard about whether the antics of AMU are worth the added scrutiny that the public and the Department of Education will heap upon them.
AMU's application to another accreditor, SACS, does not look promising and is, according to the former Provost of AMU, "still 3-4 years away".
"More Definite" Motion Denied
Thu, Dec20, 2007 - Category: School of
Law
According to Sarah Prescott of the Law Offices of Deborah L.
Gordon, the motion
For More Definite Statement filed by Tom
Monaghan's lawyers on November 26 was denied
yesterday in Washtenaw County Circuit Court. The
motion was in response to the whistleblower suit
filed by three terminated Ave Maria School of Law
professors. (background;
series) In
opposition to the motion, "the judge stated that
the complaint [filed by the professors] met
Michigan's standard for pleading, which is simply
to place the defendant on notice of the nature of
the claim asserted". According to Prescott, "They
will need to file an answer to the complaint now
that this is resolved."
Monaghan and the Ave Maria Foundation have 21 days to produce discovery responses. Although no date is scheduled for depositions, late January is the anticipated time frame.
Commentary - Fumare
Tom Monaghan did not have a good week in court. On Friday, the Michigan Supreme Court denied a request by Monaghan in another whistleblower wrongful-termination suit. That suit was filed over three years ago by the former director of federal financial aid at Ave Maria College. Her suit, and the suits of the three law school professors, will now move forward in court as Monaghan and top Ave Maria administrators prepare to be deposed.
Monaghan and the Ave Maria Foundation have 21 days to produce discovery responses. Although no date is scheduled for depositions, late January is the anticipated time frame.
Commentary - Fumare
Tom Monaghan did not have a good week in court. On Friday, the Michigan Supreme Court denied a request by Monaghan in another whistleblower wrongful-termination suit. That suit was filed over three years ago by the former director of federal financial aid at Ave Maria College. Her suit, and the suits of the three law school professors, will now move forward in court as Monaghan and top Ave Maria administrators prepare to be deposed.
Monaghan's Person Appreciates $1M
Mon, Dec17, 2007 - Category: Town
Yesterday, AveWatch reviewed Tom Monaghan's use of
non-profit charities to self-stimulate
his for-profit businesses. Today, we
reconsider how Tom Monaghan's non-profit and
for-profit activities are both directly
benefiting his person, via his
"Thomas S. Monaghan Living Trust".
In May 2007, AveWatch was the first to report how Tom Monaghan personally acquired 74.55 acres of prime Ave Maria Town real estate in November 2004 valued at $840,000. Given its proximity to what has become the largest construction site in America, Monaghan's privately owned land appreciated (unimproved) to $1,442,500 in 2006. That same year, Monaghan deeded 10 acres of that parcel to an AMU employee for $210,000. The 2007 Assessed Value of Monaghan's 64.55 acres is now at $1,862,550 (Folio No. 00138521008; Collier County Property Appraiser; see shaded area in image below).
In May 2007, AveWatch was the first to report how Tom Monaghan personally acquired 74.55 acres of prime Ave Maria Town real estate in November 2004 valued at $840,000. Given its proximity to what has become the largest construction site in America, Monaghan's privately owned land appreciated (unimproved) to $1,442,500 in 2006. That same year, Monaghan deeded 10 acres of that parcel to an AMU employee for $210,000. The 2007 Assessed Value of Monaghan's 64.55 acres is now at $1,862,550 (Folio No. 00138521008; Collier County Property Appraiser; see shaded area in image below).
His personally owned land
in Ave Maria Town has appreciated over $1 million since
he acquired it.
This personal asset appreciated in direct response to
Tom Monaghan's own for-profit business activity (acting
as Ave
Maria Development LLC) and in direct response to
his non-profit business activity (acting as
Chancellor of Ave Maria University and as the Board
Chairman of Michigan's Ave Maria School of Law - the
Chairman who threatened to financially devastate his
own institution if it refused to move 1,300 miles to
his for-profit Florida real estate development... a
move that directly benefits his personal
land asset).
The following are also owned by the Thomas S. Monaghan
Living Trust in Collier County:
+ La Piazza, Condo Unit 1302 - $596,500 (bought 2007,
see shaded below)
+ 10047 Gulf Shore Dr. - 2007 Market Value =
$3,579,778, (bought 1995)
+ 318 N. Storter Ave - 2007 Market Value = $457,432
(bought 2005)
As already stated on AveWatch, it matters not if Tom Monaghan gives his personal land holding, or the subsequent land appreciation, to fund a leper colony. The point is that Mr. Monaghan receives a direct and personal benefit from the management decisions that he makes with his tax-exempt charity and with his for-profit businesses. The conflict-of-interest is stunning.
Monaghan Buys Monaghan
Sun, Dec16, 2007 - Category: Town
Tom Monaghan shamelessly admits to artificially
inflating figures to jump start his projects.
So, it should come as little surprise that his
for-profit south Florida real estate venture
engages in the same tactic. The problem here,
however, is that Monaghan is using a 501(c)(3) tax
exempt non-profit charity - Ave
Maria University, Inc. - to bolster and directly
benefit the start-up of his
for-profit interests as Ave
Maria Development LLC.
Consider, for example, the real estate transactions involving Monaghan's Ave Maria Town from just the past two weeks:
+ Mon. Dec. 3 = 0 sold
+ Tue. Dec. 4 = 0 sold
+ Wed. Dec. 5 = 4 sold - 1 to AMU Inc. & 1 to AMU's Jane & Nick Healy
+ Thu. Dec. 6 = 0 sold
+ Fri. Dec. 7 = 3 sold - all 3 to AMU Inc.
+ Mon. Dec. 10 = 6 sold - 4 to AMU Inc.
+ Tue. Dec. 11 = 3 sold; - 2 to AMU Inc.
+ Wed. Dec. 12 = 0 sold
+ Thu. Dec. 13 = 0 sold
+ Fri. Dec. 14 = 0 sold
In summary, of the 16 total units sold over the past two weeks in Monaghan's Ave Maria Town, 10 units - or 62% - were bought by Tom Monaghan himself as Chancellor of Ave Maria University Inc. One of the 16 total units was bought by AMU's lawyer-President.
Consider just the Middlebrooke Townhomes area of Monaghan's development. This is the cheap part of Ave Maria Town where "Sales are limited to buyers meeting certain maximum income qualifications". Ave Maria University Inc. owns 23 total units at an estimated cost of over $12 million (click "More..." below for details). To date, only 2 units in total have been sold to "real" people.
Ignore the fact that billionaire Tom Monaghan likely doesn't meet the "maximum income qualifications" to buy at Middlebrooke and, instead, consider the flow of money. Tom Monaghan plunks his private money into Ave Maria Foundation (AMF) to call his investments a lay ministry and protect his enormous wealth from taxes. He then gives that money back to himself to control as Chancellor/Chairman under another tax-exempt charity, Ave Maria University Inc. What does AMU Inc. do with the many millions of its charity dollars? - It recruits donors to collect even more money and then, among other things, buys non-institutional property from Monaghan's own for-profit Ave Maria Development.
Ave Maria Foundation --> Ave Maria University Inc. --> Ave Maria Development LLC
But, it is worse than that. Middlebrooke receives its utilities from Ave Maria Utilities. Who is part owner in the utility company? - Tom Monaghan! Where can a buyer go for a loan to purchase a Tom Monaghan home? - Tom Monaghan's local Shamrock Bank, of course. [follow the links located on this page for a summary] Tom Monaghan is using tax-exempt money under the auspices of a "university" to directly benefit his for-profit real estate ventures.
But, it is even worse than that. In 2007, Tom Monaghan used coercive control as primary benefactor and Board Chairman of Ave Maria School of Law - a Michigan non-profit - to force the institution to move to Ave Maria Town in Florida... an act that directly and substantially benefits Monaghan's Ave Maria Development LLC.
To fully realize what an egregious abuse this is, consider the following excerpts from the IRS on 501(c)(3) requirements:
IRS - Exemption Requirements
To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual.
Organizations described in section 501(c)(3) are commonly referred to as charitable organizations. Organizations described in section 501(c)(3), other than testing for public safety organizations, are eligible to receive tax-deductible contributions in accordance with Code section 170.
The organization must not be organized or operated for the benefit of private interests, and no part of a section 501(c)(3) organization's net earnings may inure to the benefit of any private shareholder or individual. If the organization engages in an excess benefit transaction with a person having substantial influence over the organization, an excise tax may be imposed on the person and any organization managers agreeing to the transaction.
Has Tom Monaghan been paying any excise tax on all this self-directed benefit?
After AMU Inc. pumps millions into Chairman Monaghan's non-institutional properties, it has the audacity to tell prospective donors that they should "pray, fast, and give alms" to this "charity" because it "builds the Church" and is "good for my soul".
Given the apparent drive to self-stimulate Town development, Tom Monaghan's hand in real estate might be the hairiest in south Florida.
More...
Consider, for example, the real estate transactions involving Monaghan's Ave Maria Town from just the past two weeks:
+ Mon. Dec. 3 = 0 sold
+ Tue. Dec. 4 = 0 sold
+ Wed. Dec. 5 = 4 sold - 1 to AMU Inc. & 1 to AMU's Jane & Nick Healy
+ Thu. Dec. 6 = 0 sold
+ Fri. Dec. 7 = 3 sold - all 3 to AMU Inc.
+ Mon. Dec. 10 = 6 sold - 4 to AMU Inc.
+ Tue. Dec. 11 = 3 sold; - 2 to AMU Inc.
+ Wed. Dec. 12 = 0 sold
+ Thu. Dec. 13 = 0 sold
+ Fri. Dec. 14 = 0 sold
In summary, of the 16 total units sold over the past two weeks in Monaghan's Ave Maria Town, 10 units - or 62% - were bought by Tom Monaghan himself as Chancellor of Ave Maria University Inc. One of the 16 total units was bought by AMU's lawyer-President.
Consider just the Middlebrooke Townhomes area of Monaghan's development. This is the cheap part of Ave Maria Town where "Sales are limited to buyers meeting certain maximum income qualifications". Ave Maria University Inc. owns 23 total units at an estimated cost of over $12 million (click "More..." below for details). To date, only 2 units in total have been sold to "real" people.
Ignore the fact that billionaire Tom Monaghan likely doesn't meet the "maximum income qualifications" to buy at Middlebrooke and, instead, consider the flow of money. Tom Monaghan plunks his private money into Ave Maria Foundation (AMF) to call his investments a lay ministry and protect his enormous wealth from taxes. He then gives that money back to himself to control as Chancellor/Chairman under another tax-exempt charity, Ave Maria University Inc. What does AMU Inc. do with the many millions of its charity dollars? - It recruits donors to collect even more money and then, among other things, buys non-institutional property from Monaghan's own for-profit Ave Maria Development.
Ave Maria Foundation --> Ave Maria University Inc. --> Ave Maria Development LLC
But, it is worse than that. Middlebrooke receives its utilities from Ave Maria Utilities. Who is part owner in the utility company? - Tom Monaghan! Where can a buyer go for a loan to purchase a Tom Monaghan home? - Tom Monaghan's local Shamrock Bank, of course. [follow the links located on this page for a summary] Tom Monaghan is using tax-exempt money under the auspices of a "university" to directly benefit his for-profit real estate ventures.
But, it is even worse than that. In 2007, Tom Monaghan used coercive control as primary benefactor and Board Chairman of Ave Maria School of Law - a Michigan non-profit - to force the institution to move to Ave Maria Town in Florida... an act that directly and substantially benefits Monaghan's Ave Maria Development LLC.
To fully realize what an egregious abuse this is, consider the following excerpts from the IRS on 501(c)(3) requirements:
IRS - Exemption Requirements
To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual.
Organizations described in section 501(c)(3) are commonly referred to as charitable organizations. Organizations described in section 501(c)(3), other than testing for public safety organizations, are eligible to receive tax-deductible contributions in accordance with Code section 170.
The organization must not be organized or operated for the benefit of private interests, and no part of a section 501(c)(3) organization's net earnings may inure to the benefit of any private shareholder or individual. If the organization engages in an excess benefit transaction with a person having substantial influence over the organization, an excise tax may be imposed on the person and any organization managers agreeing to the transaction.
Has Tom Monaghan been paying any excise tax on all this self-directed benefit?
After AMU Inc. pumps millions into Chairman Monaghan's non-institutional properties, it has the audacity to tell prospective donors that they should "pray, fast, and give alms" to this "charity" because it "builds the Church" and is "good for my soul".
Given the apparent drive to self-stimulate Town development, Tom Monaghan's hand in real estate might be the hairiest in south Florida.
More...
Supreme Court Denies Monaghan
Sun, Dec16, 2007 - Category: University
UPDATE,
12/17/07 - Michigan Lawyers Weekly has
additional coverage
On Friday (Dec. 14), the Michigan Supreme Court denied Tom Monaghan's request that the Court review his failed appeal involving a wrongful termination whistleblower lawsuit filed by former Ave Maria College employee Katherine Ernsting. For well over 2.5 years, Monaghan tried every legal approach in the book to keep Ernsting's case from coming to trial. The Supreme Court was his last hope. The Court said:
"On order of the Court, the application for leave to appeal the March 6, 2007 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court."
A copy of the Court's ruling is here (PDF).
Ernsting was fired by Monaghan shortly after she provided the U.S. Department of Education (ED) with information requested by the ED concerning Ave Maria operations. That investigation ultimately caught Ave Maria in a financial aid sleight of hand that was benefiting the start-up Ave Maria University in Florida. Monaghan was forced to pay over $250,000 back to the government. Monaghan's lawyers claim that Ernsting's termination was part of the "wind down" of Ave Maria College Michigan. But, this appears to be a weak argument since, at the time of Ernsting's firing, there were still approximately 200 students at the College. The law mandates that a person be assigned to oversee the distribution of federal aid at an academic institution; so, another person was hired to replace Ernsting as chief financial aid officer of the College.
The Ernsting case has already received attention in the legal media; since the case is now free to go to trial, it will surely receive more public attention.
Ernsting case background | Supreme Court case background
A summary of the AveWatch articles that cover the growing number of lawsuits against Tom Monaghan can be found here. AveWatch's RSS Feed is here (try Google Reader).
On Friday (Dec. 14), the Michigan Supreme Court denied Tom Monaghan's request that the Court review his failed appeal involving a wrongful termination whistleblower lawsuit filed by former Ave Maria College employee Katherine Ernsting. For well over 2.5 years, Monaghan tried every legal approach in the book to keep Ernsting's case from coming to trial. The Supreme Court was his last hope. The Court said:
"On order of the Court, the application for leave to appeal the March 6, 2007 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court."
A copy of the Court's ruling is here (PDF).
Ernsting was fired by Monaghan shortly after she provided the U.S. Department of Education (ED) with information requested by the ED concerning Ave Maria operations. That investigation ultimately caught Ave Maria in a financial aid sleight of hand that was benefiting the start-up Ave Maria University in Florida. Monaghan was forced to pay over $250,000 back to the government. Monaghan's lawyers claim that Ernsting's termination was part of the "wind down" of Ave Maria College Michigan. But, this appears to be a weak argument since, at the time of Ernsting's firing, there were still approximately 200 students at the College. The law mandates that a person be assigned to oversee the distribution of federal aid at an academic institution; so, another person was hired to replace Ernsting as chief financial aid officer of the College.
The Ernsting case has already received attention in the legal media; since the case is now free to go to trial, it will surely receive more public attention.
Ernsting case background | Supreme Court case background
A summary of the AveWatch articles that cover the growing number of lawsuits against Tom Monaghan can be found here. AveWatch's RSS Feed is here (try Google Reader).
More Oratory Hubris
Thu, Dec13, 2007 - Category: University
| Town
A tip-of-the-hat goes to JW Trainer for pointing-out
this gem to AveWatch.
Tom Monaghan's club for rich Catholic businessmen, Legatus, is having a "Winter Summit" at the Ritz-Carlton in Naples. The advertised "Highlights" include:
"Latin Mass, at the new Ave Maria Oratory"
The date stamped on the flier announcing the Summit is "9/27/07".
So, once again, Tom Monaghan pushes the hand of the Bishop of Venice to approve AMU's oratory by announcing a Mass in a yet unapproved structure. This Mass was announced as a "Highlight" to people paying $1,500 each to attend the conference.
Since Pat Boone is the headlining entertainment for the Summit, let's see if Mr. Monaghan invites him to sing at Mass.
Tom Monaghan's club for rich Catholic businessmen, Legatus, is having a "Winter Summit" at the Ritz-Carlton in Naples. The advertised "Highlights" include:
"Latin Mass, at the new Ave Maria Oratory"
The date stamped on the flier announcing the Summit is "9/27/07".
So, once again, Tom Monaghan pushes the hand of the Bishop of Venice to approve AMU's oratory by announcing a Mass in a yet unapproved structure. This Mass was announced as a "Highlight" to people paying $1,500 each to attend the conference.
Since Pat Boone is the headlining entertainment for the Summit, let's see if Mr. Monaghan invites him to sing at Mass.
Why is the AMU Oratory Not Approved?
Thu, Dec13, 2007 - Category: University
| Town
AveWatch has received multiple, but unconfirmed,
reports from reliable sources on the Bishop of Venice's
consideration in approving Tom Monaghan's secular
oratory for sacramental use. Readers will recall that
AMU President Healy sat for a local newspaper interview last month concerning the
oratory's unavailability for Christmas mass. The
interview can easily be seen as an attempt -
whether intended by AMU or not - to push the
Bishop's hand in the matter.
AveWatch was recently told that, in the days leading-up to a private meeting last week between Healy, Monaghan, and Bishop Dewane, AMU's Nick Healy leaked to multiple individuals that he anticipated an announcement of "big news" soon after the meeting. Yet, after visiting the Bishop, Healy declined to offer any information about the results of the meeting that he so enthusiastically leaked earlier.
It is no surprise that Ave Maria was again eager to promote its (counted) chickens before the eggs were even laid. So, why was there no grand announcement about the oratory this week? Could it be that the bishop may have agreed to consecrate the oratory (and thereby allow public celebration of Mass) but still have reserved the right to name a pastor for the campus and Ave Maria Town (that is, if the town ever grows to a size sufficient to justify a parish)? Resistance to such a tradeoff seems plausible given the proclivities of Ave Maria to view priests as its "employees," and for some of these priest-employees, like the Law School's Chaplain Orsi, to see Ave Maria administration as its "bishop."
Since the chaplain of a Catholic university is canonically equivalent to a pastor, it seems quite appropriate that the Bishop be the one to name the university oratory's chaplain, particularly for a so-called "unabashedly Catholic university" like Ave Maria that claims to be "from the heart of the Church". What obedient Catholic could object to recognizing the Magisterial right and privilege of the local bishop to appoint a pastor to a church designated as "Catholic"?
But, what is reasonable and appropriate to the obedient of the Church seems quite difficult for Tom Monaghan when it requires even the smallest loss of control - in this case, it may be authority over the chaplain of the oratory. The current AMU chaplain, Fr. Robert Garrity, is a Monaghan employee from the Diocese of Rockford. The golf-playing Garrity was not appointed by the bishop of the diocese in which he now practices, namely the Diocese of Venice under Bishop Dewane. Under an agreement in which Dewane oversees the oratory's pastor, there would be nothing to stop the Bishop from naming a different chaplain at AMU and more formally exercising his existing canonical right and responsibility to act as shepherd for the Catholics of AMU and Ave Maria Town. Without the bishop's clear line of authority over the chaplain and the oratory, the students of Ave Maria would likely be treated to more of the same "lay ministry" misappropriation already observed on campus (see recent and series). As the Diocese of Venice acquaints itself with the likes of Ave Maria School of Law's Chaplain Orsi, including his unchecked controversial behavior and outspoken stance on issues like immigration, rape, and discrimination, Bishop Dewane would be wise to not let Monaghan's problematic ministry become the face of south Florida Catholicism.
If AW's speculation proves true - and the crux of the issue with opening the oratory is Tom Monaghan's concession of who has final authority over the chaplaincy - then this week's media silence would be a loud commentary on the inability of Tom Monaghan and Nick Healy to do for themselves what they're so good at telling everyone else to do - be faithful and obedient to the Church's Magisterium. They persist in referring to Ave Maria University as a "Catholic university" even though the Bishop of Venice has made it perfectly clear, and public, that Ave Maria has not earned diocesan approval to call itself "Catholic". It could be said that Healy and Monaghan can kneel for the Bishop of Rome to whom they are not directly accountable but, paradoxically, cannot kneel for Rome's appointed local shepherd, the Bishop of Venice, to whom they are directly accountable.
Tom Monaghan and Nick Healy seem to enjoy the misplaced assumption of authority that goes with their Protestantized sense of "lay ministry" and self-importance for church "authenticity".
AveWatch was recently told that, in the days leading-up to a private meeting last week between Healy, Monaghan, and Bishop Dewane, AMU's Nick Healy leaked to multiple individuals that he anticipated an announcement of "big news" soon after the meeting. Yet, after visiting the Bishop, Healy declined to offer any information about the results of the meeting that he so enthusiastically leaked earlier.
It is no surprise that Ave Maria was again eager to promote its (counted) chickens before the eggs were even laid. So, why was there no grand announcement about the oratory this week? Could it be that the bishop may have agreed to consecrate the oratory (and thereby allow public celebration of Mass) but still have reserved the right to name a pastor for the campus and Ave Maria Town (that is, if the town ever grows to a size sufficient to justify a parish)? Resistance to such a tradeoff seems plausible given the proclivities of Ave Maria to view priests as its "employees," and for some of these priest-employees, like the Law School's Chaplain Orsi, to see Ave Maria administration as its "bishop."
Since the chaplain of a Catholic university is canonically equivalent to a pastor, it seems quite appropriate that the Bishop be the one to name the university oratory's chaplain, particularly for a so-called "unabashedly Catholic university" like Ave Maria that claims to be "from the heart of the Church". What obedient Catholic could object to recognizing the Magisterial right and privilege of the local bishop to appoint a pastor to a church designated as "Catholic"?
But, what is reasonable and appropriate to the obedient of the Church seems quite difficult for Tom Monaghan when it requires even the smallest loss of control - in this case, it may be authority over the chaplain of the oratory. The current AMU chaplain, Fr. Robert Garrity, is a Monaghan employee from the Diocese of Rockford. The golf-playing Garrity was not appointed by the bishop of the diocese in which he now practices, namely the Diocese of Venice under Bishop Dewane. Under an agreement in which Dewane oversees the oratory's pastor, there would be nothing to stop the Bishop from naming a different chaplain at AMU and more formally exercising his existing canonical right and responsibility to act as shepherd for the Catholics of AMU and Ave Maria Town. Without the bishop's clear line of authority over the chaplain and the oratory, the students of Ave Maria would likely be treated to more of the same "lay ministry" misappropriation already observed on campus (see recent and series). As the Diocese of Venice acquaints itself with the likes of Ave Maria School of Law's Chaplain Orsi, including his unchecked controversial behavior and outspoken stance on issues like immigration, rape, and discrimination, Bishop Dewane would be wise to not let Monaghan's problematic ministry become the face of south Florida Catholicism.
If AW's speculation proves true - and the crux of the issue with opening the oratory is Tom Monaghan's concession of who has final authority over the chaplaincy - then this week's media silence would be a loud commentary on the inability of Tom Monaghan and Nick Healy to do for themselves what they're so good at telling everyone else to do - be faithful and obedient to the Church's Magisterium. They persist in referring to Ave Maria University as a "Catholic university" even though the Bishop of Venice has made it perfectly clear, and public, that Ave Maria has not earned diocesan approval to call itself "Catholic". It could be said that Healy and Monaghan can kneel for the Bishop of Rome to whom they are not directly accountable but, paradoxically, cannot kneel for Rome's appointed local shepherd, the Bishop of Venice, to whom they are directly accountable.
Tom Monaghan and Nick Healy seem to enjoy the misplaced assumption of authority that goes with their Protestantized sense of "lay ministry" and self-importance for church "authenticity".
Monaghan Files Lawsuit Docs
Tue, Dec11, 2007 - Category: School of
Law
UPDATE,
12/12/2007 - coverage by: fumare
Lawyers for Tom Monaghan and Bernard Dobranski recently filed responses to the lawsuits of former AMSL professors Steven Safranek, Phil Pucillo, and Edward Lyons (background; series; see also "Dean runs amok" series)
Answers from Butzel Long, filed Nov. 26, 2007 - PDF (3.3 MB)
More Definite Statement Request from Pear, filed Nov. 26, 2007 - PDF (1.6 MB)
Protective Order from Pear, filed Nov. 29, 2007 - PDF (644 KB)
Analysis of the responses will follow in the coming days. A key issue seems to exist over the timing of AMSL's decision to uproot the school to Chairman Monaghan's for-profit Florida real estate development:
+ Butzel Answer, Paragraph 43:
"In September, 2003, in part due to a feasibility study which had been conducted, the Board decided that it was premature at that time to make a decision to relocate. From September, 2003 until late 2005, the issue of relocation was dormant as far as the Board of Governors was concerned."
But this notion that "the issue of relocation was dormant" for the Board between 2003-2005 contradicts the institution's own press release announcing the move:
+ AMSL PR release (Feb. 20, 2007):
"After almost five years of discussions and research about the feasibility of relocating, the Board of Governors determined that moving to Ave Maria, Fla., will give the Law School its best opportunity to thrive..."
+ Chronicle of Higher Education (Feb. 20, 2007):
"Bernard Dobranski, the law school’s president and dean, said in an interview that its Board of Governors had decided on the move after five years of discussing its options."
The timing is important to establish the influence of Monaghan's real estate development decisions on the AMSL Board, and whether the American Bar Association was given an accurate picture of the school's financial health and the events leading to the decision to relocate to Monaghan's Florida development.
+ Butzel Answer, paragraph 44:
"... defendants AMSL and Dobranski deny as untrue plaintiffs' allegations that Thomas Monaghan acted through Dobranski to manipulate faculty, staff or the Board of Governors..."
+ Problem - Judge James Ryan, a Board member of Ave Maria School of Law and Ave Maria College; statement to faculty, Winter 2003:
"We [the Board] are just here to help Tom spend his money... We all need to remember that this is Tom's enterprise."
"We just do what Tom asks..."
+ Butzel Answer, Paragraph 47:
"In the application to the ABA [submitted Sept. 10, 2004] for full accreditation, AMSL presented five year budgets which relied upon Ave Maria Foundation subsidies, but the application did not include specific and firm commitments by Thomas Monaghan or the Ave Maria Foundation to fund AMSL at least through the 2009-2010 academic year."
+ Problem - Sept. 10, 2004 + 5 years = September 10, 2009, which is within the 2009-2010 academic year. Are we to believe that the ABA would have granted AMSL full accreditation if it knew that Monaghan was not giving AMSL a "specific and firm commitment"?
+ Butzel Answer, Paragraph 45:
"Dobranski does not recall whether he told the ABA that there were no plans to move the Law School at the time AMSL was seeking full accreditation. If he did, it would have been a true statement at the time, since there were no such plans."
+ Problem - This is typical Dobranski lawyer-speak. Dobranski appears to think that his and the Board's "discussing its options" with "almost five years of discussions and research about the feasibility of relocating" does not constitute "plans" to move. This would be akin to me saying that I have no "plan" to move to Ann Arbor even though I've interviewed twice for a job at the University of Michigan, met with a real estate agent, applied for preliminary approval with a local mortgage provider, had house plans drawn by an architect, and completed (but had yet to submit) the forms to enroll my kids in Ann Arbor schools. If, in Dobranski's world, "plans" only means the period after a decision is made, one must revisit the same question that AveWatch asked immediately after the February 2007 announcement of AMSL's move to Monaghan's Florida development - How is it that Ave Maria was able to organize a media blitz in two states, a 48-hour home sale in Monaghan's development, and secure congratulations from the Governor of Florida without any business days after the vote? Within days after the announcement there were snazzy videos, beautiful brochures, and statements released from the likes of Robert Bork promoting Monaghan's real estate development and AMSL's move. No "plans"? Yeah, right.
The same brand of Clinton-esque speak was used in the "Answers" document to address the BoysCherries child pornography incident that AMSL invited upon itself. AveWatch thoroughly dissected Dobranski's weak response to that incident here (background; series).
The most disgusting part of "Answers" deals with the firing of tenure-track professors Lyons and Pucillo:
+ Butzel Answer, Paragraph 78:
".. Dobranski recalls advising plaintiffs Lyons and Pucillo, at the time they were told of their promotion to Associate Professor, that they were making satisfactory progress toward tenure."
When were they promoted? - Lyons in 2005 and Pucillo in 2006. Then, in 2007, AMSL dumped the professors in August, just prior to the semester's start, claiming (paragraph 81) that it was "based on their failure to meet their burden of establishing that they had met the requirements for tenure".
How in the world do faculty members promoted to Associate Professor by the Dean, who are told by the Dean himself that tenure progress is good less than one or two years earlier - and who are endorsed for tenure after review by the institution's Committee on Appointments and Tenure - how do such professors then get denied single-handedly by the Dean in the end?! It should also be remembered that Lyons and Pucillo were not scheduled for an internal appeal-hearing about these matters until after the lawsuit was filed.
In law schools, standard practice is to tell professors of a denied tenure application in February, not August as Dobranski did. A hearing is then typically scheduled within days so that the professors can know with certainty, before the end of the Spring semester, whether the coming year will be their last. In any other reputable institution, it would be the Dean who was terminated in a case like this for not providing adequate warning to professors in a timely fashion such that deficiencies could be corrected. It shows Dobranski as an amateurish Dean who is not beneath the destruction and manipulation of people to send a warning to others who might oppose him. The law school community and Catholic scholars should consider a sanction against Dobranski for such deplorable administration.
On Oct. 23, Deborah Gordon, the attorney for Safranek, Lyons, and Pucillo, filed a Notice of Taking Depositions from Tom Monaghan and Bernard Dobranski on Dec. 17 and 18, respectively. But, to avoid such action, lawyers from Monaghan make an astounding claim:
+ from Motion for Protective Order, Karl Fink, attorney for Monaghan, Nov. 27, 2007:
"... the factual basis for including AMF and Monaghan in this employment case is not readily apparent from the face of the Complaint, other than the obvious publicity bonus that Plaintiffs would like to achieve by sweeping them into the controversy."
So, are we to believe that Tom Monaghan's involvement in AMSL's governance (i.e. employment decisions) and finances - as the AMSL Chairman and principle financier who pulled the school to his for-profit south Florida real estate development - that his involvement in the lawsuit is just a publicity stunt? This is laughable to the point of pathetic. We eagerly look forward to Monaghan answering questions, under oath, about his management of all things Ave Maria, both non-profit and for-profit (including his dealings with the Baron Collier Company).
Lawyers for Tom Monaghan and Bernard Dobranski recently filed responses to the lawsuits of former AMSL professors Steven Safranek, Phil Pucillo, and Edward Lyons (background; series; see also "Dean runs amok" series)
Answers from Butzel Long, filed Nov. 26, 2007 - PDF (3.3 MB)
More Definite Statement Request from Pear, filed Nov. 26, 2007 - PDF (1.6 MB)
Protective Order from Pear, filed Nov. 29, 2007 - PDF (644 KB)
Analysis of the responses will follow in the coming days. A key issue seems to exist over the timing of AMSL's decision to uproot the school to Chairman Monaghan's for-profit Florida real estate development:
+ Butzel Answer, Paragraph 43:
"In September, 2003, in part due to a feasibility study which had been conducted, the Board decided that it was premature at that time to make a decision to relocate. From September, 2003 until late 2005, the issue of relocation was dormant as far as the Board of Governors was concerned."
But this notion that "the issue of relocation was dormant" for the Board between 2003-2005 contradicts the institution's own press release announcing the move:
+ AMSL PR release (Feb. 20, 2007):
"After almost five years of discussions and research about the feasibility of relocating, the Board of Governors determined that moving to Ave Maria, Fla., will give the Law School its best opportunity to thrive..."
+ Chronicle of Higher Education (Feb. 20, 2007):
"Bernard Dobranski, the law school’s president and dean, said in an interview that its Board of Governors had decided on the move after five years of discussing its options."
The timing is important to establish the influence of Monaghan's real estate development decisions on the AMSL Board, and whether the American Bar Association was given an accurate picture of the school's financial health and the events leading to the decision to relocate to Monaghan's Florida development.
+ Butzel Answer, paragraph 44:
"... defendants AMSL and Dobranski deny as untrue plaintiffs' allegations that Thomas Monaghan acted through Dobranski to manipulate faculty, staff or the Board of Governors..."
+ Problem - Judge James Ryan, a Board member of Ave Maria School of Law and Ave Maria College; statement to faculty, Winter 2003:
"We [the Board] are just here to help Tom spend his money... We all need to remember that this is Tom's enterprise."
"We just do what Tom asks..."
+ Butzel Answer, Paragraph 47:
"In the application to the ABA [submitted Sept. 10, 2004] for full accreditation, AMSL presented five year budgets which relied upon Ave Maria Foundation subsidies, but the application did not include specific and firm commitments by Thomas Monaghan or the Ave Maria Foundation to fund AMSL at least through the 2009-2010 academic year."
+ Problem - Sept. 10, 2004 + 5 years = September 10, 2009, which is within the 2009-2010 academic year. Are we to believe that the ABA would have granted AMSL full accreditation if it knew that Monaghan was not giving AMSL a "specific and firm commitment"?
+ Butzel Answer, Paragraph 45:
"Dobranski does not recall whether he told the ABA that there were no plans to move the Law School at the time AMSL was seeking full accreditation. If he did, it would have been a true statement at the time, since there were no such plans."
+ Problem - This is typical Dobranski lawyer-speak. Dobranski appears to think that his and the Board's "discussing its options" with "almost five years of discussions and research about the feasibility of relocating" does not constitute "plans" to move. This would be akin to me saying that I have no "plan" to move to Ann Arbor even though I've interviewed twice for a job at the University of Michigan, met with a real estate agent, applied for preliminary approval with a local mortgage provider, had house plans drawn by an architect, and completed (but had yet to submit) the forms to enroll my kids in Ann Arbor schools. If, in Dobranski's world, "plans" only means the period after a decision is made, one must revisit the same question that AveWatch asked immediately after the February 2007 announcement of AMSL's move to Monaghan's Florida development - How is it that Ave Maria was able to organize a media blitz in two states, a 48-hour home sale in Monaghan's development, and secure congratulations from the Governor of Florida without any business days after the vote? Within days after the announcement there were snazzy videos, beautiful brochures, and statements released from the likes of Robert Bork promoting Monaghan's real estate development and AMSL's move. No "plans"? Yeah, right.
The same brand of Clinton-esque speak was used in the "Answers" document to address the BoysCherries child pornography incident that AMSL invited upon itself. AveWatch thoroughly dissected Dobranski's weak response to that incident here (background; series).
The most disgusting part of "Answers" deals with the firing of tenure-track professors Lyons and Pucillo:
+ Butzel Answer, Paragraph 78:
".. Dobranski recalls advising plaintiffs Lyons and Pucillo, at the time they were told of their promotion to Associate Professor, that they were making satisfactory progress toward tenure."
When were they promoted? - Lyons in 2005 and Pucillo in 2006. Then, in 2007, AMSL dumped the professors in August, just prior to the semester's start, claiming (paragraph 81) that it was "based on their failure to meet their burden of establishing that they had met the requirements for tenure".
How in the world do faculty members promoted to Associate Professor by the Dean, who are told by the Dean himself that tenure progress is good less than one or two years earlier - and who are endorsed for tenure after review by the institution's Committee on Appointments and Tenure - how do such professors then get denied single-handedly by the Dean in the end?! It should also be remembered that Lyons and Pucillo were not scheduled for an internal appeal-hearing about these matters until after the lawsuit was filed.
In law schools, standard practice is to tell professors of a denied tenure application in February, not August as Dobranski did. A hearing is then typically scheduled within days so that the professors can know with certainty, before the end of the Spring semester, whether the coming year will be their last. In any other reputable institution, it would be the Dean who was terminated in a case like this for not providing adequate warning to professors in a timely fashion such that deficiencies could be corrected. It shows Dobranski as an amateurish Dean who is not beneath the destruction and manipulation of people to send a warning to others who might oppose him. The law school community and Catholic scholars should consider a sanction against Dobranski for such deplorable administration.
On Oct. 23, Deborah Gordon, the attorney for Safranek, Lyons, and Pucillo, filed a Notice of Taking Depositions from Tom Monaghan and Bernard Dobranski on Dec. 17 and 18, respectively. But, to avoid such action, lawyers from Monaghan make an astounding claim:
+ from Motion for Protective Order, Karl Fink, attorney for Monaghan, Nov. 27, 2007:
"... the factual basis for including AMF and Monaghan in this employment case is not readily apparent from the face of the Complaint, other than the obvious publicity bonus that Plaintiffs would like to achieve by sweeping them into the controversy."
So, are we to believe that Tom Monaghan's involvement in AMSL's governance (i.e. employment decisions) and finances - as the AMSL Chairman and principle financier who pulled the school to his for-profit south Florida real estate development - that his involvement in the lawsuit is just a publicity stunt? This is laughable to the point of pathetic. We eagerly look forward to Monaghan answering questions, under oath, about his management of all things Ave Maria, both non-profit and for-profit (including his dealings with the Baron Collier Company).