November 2018 5.09 Testimony of Associate Dean Ray Hutchinson Concerning NIH Grant Arbitration, OIE/Title IX Complaint, OGC Guidance, and Cease-and-Desist Letter
During Dr. Bradley Foerster’s November 2018 University of Michigan 5.09 proceedings, University of Michigan Associate Dean of Regulatory Affairs Ray Hutchinson was called as a witness against Dr. Foerster concerning Dr. Foerster’s refusal to participate in arbitration proceedings involving NIH Grant R01 NS082304.
Dr. Foerster testified that he declined participation in the arbitration proceedings after Dr. Robert Welsh issued a cease-and-desist letter against him.
The cease-and-desist letter followed Dr. Foerster engaging in protected activity by filing a complaint against Dr. Welsh with the University of Michigan Office for Institutional Equity (“Title IX Office”) concerning allegations of retaliation related to Dr. Foerster serving as a witness in connection with sexual-harassment allegations involving Duaa Altaee.
November 2018 testimony of University of Michigan Associate Dean of Regulatory Affairs Ray Hutchinson concerning NIH Grant R01NS082304 arbitration proceedings, OGC consultation, and cease-and-desist issues.
The testimony reflects that:
- Dr. Foerster raised concerns involving protected/OIE-related activity;
- Associate Dean Hutchinson sought verbal clarification from the University of Michigan Office of General Counsel (OGC);
- Associate General Counsel Christine Gerdes was consulted concerning the issue;
- no written OGC determination was produced;
- and the scope and legal effect of the cease-and-desist letter was never resolved.
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