a. Dr. Kearney’s expulsion from the College and Hospital as dictated by a committee assembled by the EVPHA Michael Karpf and his Chief Medical Officer Bernard Boulanger.
b. In a clearly orchestrated and predefined meeting, a three-person panel of Board of Trustees members upheld these sanctions: http://www.kentucky.com/2015/07/31/3968493/hearing-updates-uk-doctor-fights.html
c. In a subsequent Board of Trustees Health Care Committee meeting (of which Michael Karpf and Bernard Boulanger are non voting Ex Officio members) the committee voted to uphold the revoking of Dr. Kearney’s patient privileges but restored all of Dr. Kearney’s tenured faculty member privileges. http://www.kentucky.com/2015/07/30/3967360/university-of-kentucky-trustees.html
d. Then in complete defiance with the Board of Trustees edicts, President Capilouto supposedly convened a separate committee that decided that Dr. Kearney may not talk to medical students or residents, attend any public lectures or go to any clinical areas of the university. His office was moved out of Chandler Hospital and his salary is under review. Furthermore, he was told that if he wishes to consult or work outside of UK, he would have to get approval from the medical school dean. http://www.kentucky.com/2015/09/02/4016773/university-of-kentucky-takes-further.html
e. Just in, for those not receiving Davy Jones email to the University Senate and other faculty, I paste it in here below. This just typifies the arrogance and complete lack of respect the current University President, his Legal Council and the Hospital administration have for the Board of Trustee, the University Faculty and the employees of this University. It is appalling and needs to change. I think the media and general public need to hear this and perhaps it is time to bring in an AAUP (American Association of University Professors) representative and hear what they have to offer with respect to unionization of our faculty.
From: Jones, Davy
Sent: Thursday, October 08, 2015 8:22 PM
To: Bailey, Ernest; Brown, Roger M; Hippisley, Andrew R; Kraemer, Philipp; Mazur, Joan; McCormick, Katherine; Porter, Todd; Watt, David; Webb, Bruce A; Biery, Sara A; Gower, Rebecca J; Mullen, Austin M; Grossman, Robert B; Wilson, John; Brothers, Sheila C
Cc: Capilouto, Eli; Tracy, Tim; de Beer, Frederick C
Subject: Administrative Action re: Office Academic Files and Personal Family Photos of Dr. Kearney
University Senate Council Members,
Just when you thought it could not get any more egregious…
Six weeks ago, on 8/24/2015, the Board of Trustees' Health Care Committee
"reaffirmed Dr. Kearney's current status as a tenured faculty member,"
and directed the President to stop banning Dr. Kearney's on-campus academic, nonclinical activities. Specifically, the President was directed that Dr. Kearney
"retains his tenure and the privileges associated with being a faculty member at UK."
Bill Thro, who reports to the President and is currently paid for and signs officially as UK General Counsel, committed in writing on August 28, 2015 that
"University employees will pack and move Dr. Kearney's possessions from his old office to his new office."
It now turns out that the President's Legal Counsel Office and the College of Medicine Dean de Beer implemented onto Dr. Kearney their following vision of what it means to be "a faculty member at UK."
When Dr. Kearney arrived at his new "office" assigned by the Dean (a small room under a stairway in the old Pharmacy building, that another occupant of the building referred to me as "the box"), his office computer and his personally purchased external drive weremissing. He pressed to the President's Legal Counsel Office to have the computer returned, and when it finally was, the hard drive had no files on it and his external hard drive was still missing. He protested to the President's Legal Counsel Office that his "27 years of academic work product"* were missing and inaccessible to him. Also previously on his computer and missing were unique personal family photos including those of his deceased wife.
He then learned from an IT employee (Mr. JD Silvey) that what actually happened was that the computer had been moved from his previous office (from which he had been locked out since January 26, 2015) over to IT. IT physically opened up the computer, removed the hard drive, and put in a different (blank) hard drive. Also removed from the computer was the attached external hard drive. Then, Mr. Silvey was instructed that on 9/17 he was to put into the new office the computer with its new hard drive devoid of files, and it missing the external hard drive personally purchased by Dr. Kearney. No explanation was provided to Dr. Kearney by the President's Legal Office that the hard drive had been removed and replaced with a blank drive, nor any explanation from the Legal Counsel Office on how he could reobtain access to the many academic (i.e., nonclinical) files* on the hard drive. As of this writing, he still does not have access to any of his 27 years of academic (nonclinical) files* on the hard drive, nor access to his personal photos of his deceased wife on the hard drive.
Given the above conduct by the President's Legal Counsel Office, how could the President's administration have really intended to comply with the Board of Trustees that Dr. Kearney be able to renew his academic, nonclinical activities "associated with being a faculty member at UK"? How do we assess that the above conduct happened despite the President's General Counsel assuring in writing:
"University employees will pack and move Dr. Kearney's possessions from his old office to his new office"
What University "core value," what Board "ethical priniciple" prevented the President's Legal Office from simply communicating forthrightly with Dr. Kearney and asking "do you have anything personal on the computer hard drive that we can return to you before we remove the hard drive" so that they have would have learned of and returned his photos of his deceased wife?
Davy Jones
Professor of Toxicology and Cancer Biology
UK College of Medicine
Cc: University Senate Members, University Community, President Capilouto, Provost Tracy, Dean de Beer
_____________________
*Including, but not limited to
1. Scholarly Manuscripts and Drafts
2. Didactic educational materials
3. Numerous PowerPoint presentations that include both teaching decks and scientific meeting presentations.
4. Own Personal CVs
5. Recommendation letters written to support other faculty
6. Published journal articles that were searched out, collated and downloaded as part of ongoing scholarly activity and professional development
7. Nonclinical files by created by or received in capacity as a member of the COM Faculty Council or Dept. of Surgery faculty member
I hate to wear this out, but one has to ask the obvious question “Why?”
Well again there is Dr. Kearney’s requested audit of KMSF funds that resulted in Michael Karpf’s threat at the College of Medicine Faculty Council meeting. Supporting this, as I noted in the blog, is the Dan Ross case.
An audit would also expose exactly how this hospital administration is using not only KMSF funds but also research grant direct and indirect funds, and funds provided by the state for teaching purposes. In my mind, the “Wethington Award” by itself reeks of abuse of these funds, but I suspect digging further might unveil even more serious problems here.
Finally, suggestion of irregularities in financing the new hospital buildings has surfaced in my emails. These will take further investigation to substantiate, but if anyone out there has any hard evidence to support that I will gladly post it on this blog site.
Lastly, a curiosity of mine as noted in the blog post was that of “where is President Capilouto in all of this?” The last Herald Leader article above suggests he is likewise worried about Dr. Kearney. Why he is worried enough to overturn the results of the Board of Trustees meeting I can’t say, but it makes one wonder if there is more to this than simply trying to discipline a tenured faculty member. I will note that beyond the potentially criminal Dan Ross case cited in the blog, in some of my emails with regards to this blog I received innuendos that UK may have in the past misrepresented their grant funding, or at least their reporting of officially funded grants versus submitted grants. If true, I feel sure something like that would also reflect badly on both the university and Dr. Capilouto. This is something else that will require further investigation to substantiate, but again if anyone out there has any hard evidence to support this claim I will gladly post it on this blog site.
Bottom line, there are still plenty of things to talk about. So paraphrasing the immortal words of agent Mulder, ‘The truth will save us, Scully’. Like I stated above, email me with any news or things you may feel merit discussion. Use this dnoonan48@gmail.com rather than my university email, because as the open record obtained below from the UKy attorney's office suggests "Big Brother is monitoring whenever and wherever they can".
From: Crocker, Theresa B [DJ NOTE: This person is in the UK Legal Office]
Sent: Monday, January 26, 2015 8:15 AM
To: Massie, Kevin C.
Cc: Shock, Eric D; Thro, William E [DJ NOTE: William Thro is President Capilouto's General Counsel]
Subject: email access
Kevin: at 11:00 today (and not before) can you please suspend access to email for Paul Kearney (pakear0). Please also preserve and copy his email account, and provide the copy to Eric so he can post it on my server.
Can you set the account to remain active, even though access to it is denied? We may want to check and see what emails are received on that account in the future.
Thanks.
Terri
terri blom crocker
senior paralegal
office of legal counsel
university of kentucky
309h charles t. wethington jr building
lexington, KY 40536
phone: 859-257-5485
fax: 8590257-5123
tbcroc2@email.uky.edu
Note: Each of the 2 posts has its own set off comments. To read comments or add a comment simply click on the word "Comments" at the top or bottom of the post.