August 21, 2017 University of Michigan OGC Email by Kara Morgenstern Omitted from OIE Investigative Record
This record documents direct involvement of the University of Michigan Office of General Counsel (OGC) in August 2017, in response to communications attributed to “Nick,” an unidentified individual who represented himself as a colleague of Dr. Paul Cronin at the University of Michigan and whose allegations were referenced in actions involving the Ann Arbor Police against Dr. Bradley Foerster and Dr. Myria Petrou.
The University’s legal office was engaged in relation to these communications.
In an email dated August 21, 2017, Kara Morgenstern, Associate Vice President and Deputy General Counsel, wrote directly to the individual communicating as “Nick,” responding to those communications:
“Your recent emails regarding… Dr. Paul Cronin, have made their way to me.”
This communication was produced by the University of Michigan in response to a Freedom of Information Act (FOIA) request.
The email reflects that communications attributed to “Nick” had reached OGC and prompted a response from Kara Morgenstern.
The framing is notable. Rather than requesting details or evidence regarding the underlying allegations, Kara Morgenstern asked to “better understand the stresses” Dr. Paul Cronin was believed to be experiencing.
The email also notes that the sender only “suggest[s]” affiliation with the health system, indicating that the individual’s identity had not been confirmed at that time.
The OIE memorandum (see memorandum and analysis here: October 1, 2018 OIE Memorandum) confirms that the Office of General Counsel—including Kara Morgenstern—was actively attempting to identify “Nick Bee” in August 2017, the same period in which she responded to communications attributed to that individual on August 21, 2017.
Framing of OGC inquiry
The August 21, 2017 communication reflects that Kara Morgenstern sought additional information from the individual communicating as “Nick,” asking to better understand Dr. Paul Cronin’s “stresses.”
The investigative record does not reflect an interview of Dr. Paul Cronin.
Accordingly, the record reflects that OGC sought information about Dr. Paul Cronin from the source of the communications, while the investigative record does not reflect that Dr. Paul Cronin was interviewed.
Context of communications to General Counsel
The November 5, 2017 response from Timothy Lynch, Vice President and General Counsel, followed detailed communications from Dr. Myria Petrou.
In her communication, Dr. Petrou described harassment and false statements involving multiple faculty members, including false criminal allegations and claims that she and Dr. Foerster were engaged in extortion involving Dr. Paul Cronin.
Dr. Petrou further reported to Timothy Lynch that the individual using the “Nick Bee” email address had made numerous calls through the University of Michigan Hospital switchboard (734-2320000), propagating what she described as false accusations.
Dr. Petrou also informed Timothy Lynch that “Nick Bee” had been in contact with general counsel as well as the Ann Arbor Police, and that this understanding had been conveyed on more than one occasion.
These communications placed Timothy Lynch on notice—on multiple occasions—of the scope of the allegations, the use of University systems, and the reported interaction between the individual at issue and OGC prior to his response.
Subsequent OGC correspondence
In a November 5, 2017 email, Timothy Lynch wrote that “my Office has not been in touch with anyone using the email address ‘nickbee568’” and indicated that OGC had attempted to determine whether the individual was a University employee.
He further stated that the Office of Institutional Equity (OIE) would conduct its investigation and consult with OGC as needed.
These statements were issued by the University’s senior legal leadership. The August 21, 2017 email was sent by Kara Morgenstern, while the November 5, 2017 response was issued by Timothy Lynch.
The record reflects differing descriptions of OGC’s interaction with communications attributed to “Nick” at the highest levels of the University’s legal office.
Omission from the investigative record
The August 21, 2017 OGC communication authored by Kara Morgenstern was provided by Dr. Myria Petrou to the Office of Institutional Equity (OIE) as part of its investigation.
However, while the October 1, 2018 OIE investigative record acknowledges OGC activity in August 2017, it does not reference the August 21, 2017 communication.
This creates a divergence between the materials provided to investigators and the final investigative record.
Exhibits — OGC Communications
Exhibit 1 — OGC Email (August 21, 2017)
Email from Kara Morgenstern to the individual communicating as “Nick” regarding Dr. Paul Cronin.
“Your recent emails regarding… Dr. Paul Cronin, have made their way to me.”
The full email is provided below for reference.
Exhibit 1: OGC email from Kara Morgenstern to the individual communicating as “Nick” regarding Dr. Paul Cronin.
Exhibit 2 — OGC Correspondence (November 5, 2017)
Email from Timothy Lynch, Vice President and General Counsel, regarding communications attributed to “Nick.”
“my Office has not been in touch with anyone using the email address ‘nickbee568’”
The full email is provided below for reference.
Exhibit 2: Email from Timothy Lynch stating that the Office of General Counsel had not been in contact with “nickbee568.”
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