Procedural Asymmetry: David Daniels’ 5.09 Charge Letter Documented Prior Notice and Framed the Charges as Allegations — Bradley Foerster’s Did Not
Background: David Daniels
David Daniels was an internationally prominent countertenor and tenured professor in the University of Michigan School of Music, Theatre & Dance.
By the time the University issued Daniels’ 5.09 Charge Letter in May 2019, Daniels was already facing a separate criminal sexual-assault case in Texas. In January 2019, Daniels and his husband were arrested in Ann Arbor on Texas warrants alleging that they had drugged and sexually assaulted a graduate student following a Houston Grand Opera performance. Daniels denied the allegation.
Daniels was also facing separate allegations involving University of Michigan students. Those allegations became the basis of the University’s May 10, 2019 Charge Letter initiating dismissal proceedings under Regents’ Bylaw 5.09.
For contemporaneous background, see:
1. Prior Notice and an Opportunity to Respond
The Daniels Charge Letter expressly documented prior notice and an opportunity to respond.
Near the conclusion, the letter stated:
“SACUA and the Tenure Committee have been advised that you have previously been provided notice and an opportunity to respond to some or all of these charges.”
The letter also provided that any amendment or supplementation of the charges would occur upon “appropriate notice” and “timely notification.”
2. Charges “To Be Investigated”
The Daniels letter expressly described the accusations as “charges to be investigated” and stated that the Tenure Committee was required to investigate them.
Consistent with that posture, the letter stated:
“You are alleged to have engaged in a pattern of behavior that is harassing, abusive and exploitive of University of Michigan students…”
That qualification continued throughout the specific charges. The University described Daniels as:
- “Allegedly soliciting” students for sex in exchange for money;
- “Allegedly sending” pornographic images to students;
- “allegedly making” sexualized comments to students;
- “Allegedly commenting” on a desire for sexual relationships with students; and
- “Allegedly providing false information” during an Office for Institutional Equity review.
The framing was consistent: the charged conduct was presented as alleged misconduct to be investigated.
The Foerster Comparator
The August 6, 2018 letter initiating Dr. Bradley Foerster’s 5.09 proceedings differs on both points.
Unlike the Daniels Charge Letter, the Foerster letter contains no comparable statement documenting prior notice and an opportunity to respond.
The language used to characterize the underlying conduct also differs. The letter states:
“You failed to meet your obligations under the Grant in material ways…”
“You have engaged in a pattern of unfounded attacks against your colleagues and others, with little regard for the accuracy of the allegations.”
“there are multiple instances in which you committed abuses of the federal and state court system…”
The documentary contrast is straightforward: Daniels’ Charge Letter expressly documented prior notice and an opportunity to respond and repeatedly characterized the charged conduct as alleged and subject to investigation. The Foerster letter contains no comparable notice statement and states these central accusations affirmatively.
Related Documentary Record
The August 6, 2018 Runge letter underlying this comparison is examined separately and reproduced in full here:
Primary Documentary Record
The complete September 24, 2020 FOIA response and May 10, 2019 Charge Letter concerning David Daniels are reproduced below.
Selected Reporting
- Bradley Foerster Submits 140-Exhibit, 1,121-Page Documentary Chronology to FBI for Supervisory Review of the Investigation Involving Dr. Bradley Foerster, Dr. Myria Petrou, and Duaa Altaee
- From One FBI File to a Legislative Proposal: Peter and Maria Foerster Ask Senator Van Hollen's Office and Congressman Jamie Raskin to Consider a Uniform Administrative Framework for Federal Investigations
- Eva Feldman Documentary Chronology: 139 Exhibits on NIH R01NS082304, University Proceedings, and Federal Investigation — No Response Received
- Bradley Foerster and Myria Petrou Send Ann Arbor Officials Documentary Chronology on AAPD and Related Federal Investigations — No Response Received
- Timothy Lynch Documentary Chronology: 63 Exhibits on University of Michigan Office of General Counsel, University Investigations, and Law Enforcement — No Response Received
- Bradley Foerster and Myria Petrou Documentary Chronology: 8 Exhibits Document More Than Two Years of Efforts to Trace Bank of Ann Arbor's $1.4 Million Sheriff's Sale Credit Bid — No Response Received
Brad Foerster, MD PhD
Brad Foerster is a FOIA advocate documenting requests, transparency disputes, and accountability investigations involving public agencies, universities, police oversight, and Russia-Gate related inquiries. His work compiles original documents, timelines, and analysis of public records and institutional responses. Brad is also a board-certified radiologist, author of Town & Gown, and has published over 40 peer-reviewed articles. Brad lives in Potomac, Maryland with his family and is a member of the Montgomery County Medical Society and the Takoma Park U.S. & World History Book Club.