EFTA02616442.pdf

From: Lawrence Krauss Sent: Friday, November 9, 2018 12:21 AM To: Patrick Kenney Cc: Lawrence Krauss; Nancy Gonzales Subject: Re: request to use some of my research funds for travel during this academic year. Dear =at: I have gone to =he ABOR regulations you referred to. I think you mean ABOR 6-2011 =3) (a). This does not appear to apply to me as it involves an =ngoing investigation, of which there is none, related to Dismissal or =uspension, and the administrative leave that was implemented during the =nvestigation ended when the final resolution of my employee review =rocess was completed, see (3) (d) below.. (ABOR regulations =ection J 3. is appended below in its entirety). Beyond that, I do not =ee, in the settlement agreement, any statement of a new review process, =r a statement in that agreement that the President has now determined =hat my presence on campus is likely to constitute a substantial =nterference with the orderly functioning of the University, or any =negations to that effect. I have looked up other leave with pay =riteria in the University regulations and I don't see any =estrictions on visiting campus in those. I will need guidance to relevant ABOR =egulations here so we can assure that we are complying with the =ettlement agreement, which I certainly want to do. Also, as far as I know, =our email on Nov 1 was the first mention of not being on campus since =he settlement agreement was signed and the employee review process =nded, which changed my situation at the University, so I don't =elieve it is correct to state that I was repeatedly reminded of this. =nbsp;lf I am incorrect here and there were additional communications I =m not aware of, please let me know. I apologize if I missed a =essage from you. Once again, this email is intended to clarify my =nderstanding of my situation at ASU for me. It is not meant to =ntagonize. Thanks. Lawrence J. =ismissal or Suspension 3. Leave with =ay 1. a. A faculty member may be placed on leave with pay only if =t is determined by the president that the faculty member's continued presence on the university campus is likely to constitute a substantial interference with the orderly functioning of the university or a department or unit thereof. Rev. =1/2012 Policy Number: 6-201 EFTA_R1_01817045 EFTA02616442 Policy Name:Conditions of Faculty =ervice Policy Revision Dates: 9/12, =/span>8/11, 4/09, 6/06, 8/05, 8/04, 8/03, 1/03, 8/97, 5/97, 2/97, 10/91, 10/86 Page 17 2. Except as provided in ABOR Policy =-2011.3.c (Conditions of Faculty Service, Dismissal or Suspension, Leave with Pay), the decision to place a faculty member on leave with pay: 1. (1) =nbsp;May be made only after the faculty member has been provided an opportunity to respond to the allegations; and 2. (2) =nbsp;Shall be promptly communicated in writing to the faculty member. 3. In exceptional cases, when the =resident makes a written finding that release of information relating to the substance or source of the allegations may compromise the investigation of such allegations, the university may limit or deny the faculty member's opportunity to respond to the allegations for a period of time not to exceed fifteen (15) working days while the investigation proceeds. 4. The period of leave may extend no =onger than the duration of an investigation to determine if there is just cause for dismissal or suspension without pay, except that if the investigation leads to a recommendation for dismissal or suspension without pay, then the period of leave may extend through the final resolution of the hearing procedures discussed in ABOR Policy 6-201L., (Conditions of Faculty Service, Hearing Procedures for Faculty) 5. Placement on leave with pay status =hall not be considered a disciplinary sanction. 6. A faculty member who is placed on =eave with pay shall continue to receive full salary and benefits during the term of the =eave. Lawrence M. Krauss Professor School of Earth =amp; Space Exploration and Physics Department Arizona State University, P.O. Box =71404, Tempe, AZ 85287-1404 Begin forwarded message: 2 EFTA_R1_01817046 EFTA02616443 From: Lawrence Krauss < Subject: Re: request to use some =1my research funds for travel during this academic year. Date: November 8, 2018 at 4:52:35 PM MST To: Patrick Kenney Cc: Lawrence Krauss I =ill digest this at length.. but let me be clear about today's =isit. I received a request this week from a collaborator and =riend of mine who was coming to campus to give a talk to meet and talk =ome physics. I decided I would fly down for the day to meet him rs it would save meeting him in Boston later this fall. I did not =now or plan this last week before our correspondence, and again, as I =ad written to you about possible visits and not received a response, I =ssumed coming down to see him and begin to look at the situation in my =ffice and get a better first hand assessment of what was necessary vis = vis packing and moving in May was not unreasonable. Dean =onzalez concurred with this assessment when we met today. Lawrence On Nov 8, 2018, at 4:03 PM, Patrick Kenney rote: Dear Lawrence, The settlement =greement unequivocally states that between now and your retirement date =f May 16, 2019, you remain "on leave with pay" and =E2 have no authority to act for or on behalf of ASU and shall make =o statements, including in any online profiles or social media websites =r in speaking engagements that misrepresent [your] status or =uthority." (Agreement at 9 1). Leave with pay, per =BOR6.201(3)(a), means that the faculty member is not to be on campus. =ou have been repeatedly reminded not to be on campus, most recently in =y email of November 1, which was unequivocal. Nor is your explanation =hat you assumed you could come to campus because I had not yet =esponded to your email of the same date a reasonable one. When we =orresponded only last week about the plan for removing your personal =roperty from your office, you indicated that you were not available to =ake an appointment to come to campus to pick up your property in the =ext two months and referenced a plan to attend a meeting on campus in =ebruary of next year and to clean out your office by May of next =ear. If you had today'= trip planned last week, you did not mention it, and if you planned it =fter our correspondence, you failed to advise me of your plans. Had you =one so, I would have reiterated the direction I previously provided =93 you are not to be on campus for any reason, unless we schedule a =pecific appointment for you to be here. Because you had not advised me =f your plans to be on campus today, I was in the process of preparing a =esponse to your emails, which necessarily included making inquiries =bout alternative methods of clearing out your office, given your =ndication that you were not able to make an appointment to do so this =alendar year. Here is that plan, which is not subject to negotiation. You =ill not return to campus, for any reason, without my express written =ermission obtained in advance. If you request permission, and I do not =espond, the absence of a response does not constitute permission. The =ersonal property in your office will be packed and shipped to you by =he 3 EFTA_R1_01817047 EFTA02616444 University. This will include the data on the hard drive of the =omputer located in your office. Unless you designate another address, =e will ship your personal property to your Oregon address. You remain subject to =he other provisions of the settlement agreement, including the =equirement that you do not represent that you have any remaining =uthority to act for or on behalf of ASU. Pat Patrick J. Kenney Dean, College of Liberal Arts and Sciences Foundation Professor, School of Politics and Global =tudies Arizona State University From: Lawrence Krauss •z; Sent: Thursday, November 08, 2018 =:29 PM To: Patrick Kenney ; Nancy Gonzales Cc: Lawrence Krauss < Subject: Re: request to use some of =y research funds for travel during this academic year. Dear Pat: I am on campus today to begin to go =hrough my office and to meet with an colleague and collaborator from BU =ho is giving the physics colloquium, as I informed you I would be doing =y email to you on Nov 1. As you did not respond to that email, I =aturally took that to be tacit agreement that your interpretation at =he time of the terms of my contract with the University was incorrect. =nbsp; I came back to campus on my own funds, and because my friend had =sked the Physics Dept to put me on his calendar, I worked with the =hysics Dept personnel to find a time to meet him and I had intended to =ttend his talk, where he said he would be revealing new results of =nterest to me. All appropriately done. Your email =o me used different terminology compared to that in my settlement =greement, but in any case, as I am not under Administrative review, and =he review process is completed, I understood, and still understand, my =greement with the University to imply that I am a tenured faculty =ember on leave, and have all the rights and obligations associated with =hat status, including continuing to function as a physicist, attend =ectures of interest, and even give lectures around the world, as long =s I do not represent myself as acting as having authority to represent =he University at those events. Nancy kindly and graciously explained to =e your interpretation that I am not to be on campus. I explained to her =hat I had written to you about this explaining why that seemed to be an =ncorrect interpretation of my settlement agreement. She agreed =ith me that not having received a response it was reasonable for me to =ssume that you accepted my interpretation, and she also acknowledged =hat having worked with the physics department I had done what seemed =ppropriate to meet my colleague. She indicated she would relay my =iews to you as well, and I thank her for the kind and professional way =n which she met with me. She advised me that it was your view =hat I am not to attend the public colloquium by my colleague today. =nbsp;l agreed, for her sake, to not attend, even though I strenuously =iew your request as highly inappropriate. As far as I know, such =ectures are open to the public, as well as students, staff, and faculty =f the University, and the University campus is a public environment. =nbsp;Nowhere that I can see in the agreement is there any suggestion =hat I should not have the privileges of any member of the public, much =ess a faculty member of the University, to attend public =vents. I am writing you now to report once =gain that I view your request to me as improper, and in violation of =he nature of the separation agreement. I am hoping you will do me =he courtesy of responding to my email so that we can 4 EFTA_R1_01817048 EFTA02616445 discuss this as =rofessional colleagues. I have no intent to harm the university =r violate regulations. I just want to be able to function as a =cientist, a physicist, and a human being who remains a tenured =rofessor at ASU until I retire in May, without interference, punishment =r retribution, as, I believe, is the intent and the letter of the =ettlement agreement from October, which ended the administrative review =f my status. Thank you for your attention to this =mail. best Lawrence Lawrence M. Krauss Director, The Origins Project at ASU Co-Director,=Cosmology Initiative Foundation =rofessor School of Earth & =pace Exploration and Physics Department Arizona State =niversi , P.O. Box 871404, Tem e, AZ 85287-1404 Research Office: origins.asu.edu I twitter.comAkraussl I krauss.faculty.asu.edu <image001.png> On Nov 1, 2018, at 10:24 AM, Lawrence =rauss > wrote: Just to be =tear, I will be on campus periodically over the next 6 months to work =hrough material in my office etc. I was hoping the University =ould fund my travel there, but if not, I will fund it myself. =nbsp;While on leave, which is not administrative leave since there is =o review process pending, I am still employed at ASU and have until May =6,2019 to settle my affairs there, go to my office to get materials I =eed, and function as a physicist, although not one representing ASU, =tc. I will not act for or on behalf of ASU, or represent that I =m working on behalf of ASU at any events I will be attending. As =ar as I know, the meeting in Feb is for physicists around the country =nd I may attend it if I get funding from elsewhere to do so, as will =any other colleagues from around the country who are not acting on or =ehalf of ASU. I expect all my personal material to be cleared out =y me on or before May 16, 2019. Thanks. LMK Lawrence M. Krauss Professor School of Earth & Space Exploration and Physics =epartment Arizona State University, P.O. Box =71404, Tempe, AZ 85287-1404 Research Office: I twitter.comnkraussl I www.lawrencemkrauss.com 5 EFTA_R1_01817049 EFTA02616446  </=iv> On Nov 1, 2018, at 9:20 AM, Patrick =enney =rote: Dear Lawrence, You are on paid leave for the remainder of this year pending =our retirement on May 19, 2019. Pursuant to the agreement you signed =ith the Provost, between now and then you are not to be acting for or =n behalf of ASU or representing that you are working on behalf of =SU. That means you should not be coming to campus, including to =ttend on-campus meetings you organized before you were put on leave. To =he extent you intend to travel to professional meetings elsewhere, you =ill not be doing so on behalf of ASU, and you may not use University =unds for that purpose. With regard to retrieving your personal property, we will =eed to begin that process soon so that the University can begin to =repare that space for its future uses. If you would like to be involved =n packing your personal items, we will schedule a specific date and =ime for you to come to campus for that purpose. Someone will meet with =ou to gather any University property and provide packing materials that =ou can use to pack your personal items and transport them from campus. =lternatively, we can have your personal items packed for you to pick up =r to be shipped to a location you identify. Please let me know which =ption you would prefer so that I can make the necessary =rrangements. Patrick 1. Kenney Dean, College of Liberal Arts and Sciences Foundation Professor, School of Politics and Global =tudies Arizona State =niversity From: Lawrence Krauss Sent: Tuesday, October =. To: Patrick Kenney Cc: Lawrence Krauss Subject: Re: request to use some o =y research funds for travel during this academic year. Thanks Pat.. I had just emailed the Provost to let =im know I had asked you. Looking forward to hearing soon so I can =ry and make some plans. LMK On Oct 30, 2018, at 9:31AM, Patrick Kenney > wrote: I sent it to the provost for =onsideration. I'll check with him today or =omorrow. Patrick J. =enney Dean, College of Liberal Arts and Sciences 6 EFTA_R1_01817050 EFTA02616447  Foundation Professor, =chool of Politics and Global Studies Arizona State =niversity From: Lawrence Kraus Sent: Tuesday, Octobesrlia l =: To: Patrick Kenney Cc: Lawrence Krauss Subject: Re: request to use some of =y research funds for travel during this academic year. Hi.. just checking to =ee if this got through.. Haven't gotten a response. LMK On Oct 26, 2018, at 11:34 PM, Lawrence Krauss wrote: Dear Patrick: I would like to use some of my remaining University funds for =his academic year, for travel I anticipate the following 3-4 trips to ASU over the next 6 months to get my =ffice contents ready to move, and to move them. Travel to a Physics meeting at ASU in February that I =elped organize early on. Travel to a physics meeting in Jan organized by U. =lorida that I have been invited to. Travel in Dec to a meeting of the experimental =ollaboration I am a part of in Switzerland. Can you confirm for me if I can use part of my =emaining, unused, funds for these purposes? Lawrence Lawrence M. Krauss Professor School of Earth & =pace Exploration and Physics Department Arizona State =niversity, P.O. Box 871404, Tempe, AZ 85287.1404 Research Office: twitter.comAkraussl I www.lawrencemkrauss.com 7 EFTA_R1_01817051 EFTA02616448  Lawrence M. Krauss Professor School of Earth & =pace Exploration and Physics Department Arizona State =niversity, P.O. Box 871404, Tempe, AZ 85287-1404 Research Office twitter.comilkraussl I www.lawrencemkrauss.com Lawrence M. Krauss Professor School of Earth & Space Exploration and Physics =epartment Arizona State University, P.O. Box =71404, Tempe, AZ 85287-1404 Research Office: = twitter.comAkraussl I www.lawrencemkrauss.com </=iv> 8 EFTA_R1_01817052 EFTA02616449