What Supported Dr. Marschall Runge’s HHS-OIG “Serious Concerns” Statement in Dr. Bradley Foerster’s 2018 5.09 Charge Letter? University of Michigan Reported No Responsive Reports and Withheld Internal Notes (2019)
September 7, 2018 — The Formal Charge Letter
One month after recommending initiation of dismissal proceedings, University of Michigan Medical School Dean Dr. Marschall Runge issued Dr. Bradley Foerster a five-page “Charge Letter, Dismissal Proceedings.”
Dr. Runge described the matters in the Charge Letter as “charges to be investigated.” The Charge Letter nevertheless continued the affirmative language seen in Dr. Runge’s August 6 letter.
Dr. Runge stated that Dr. Foerster had “failed to fulfill the obligations” of the Multiple PI Leadership Plan, had “failed to follow” grant agreements, had “failed to provide adequate supervision” of the study coordinator, and had “engaged in a pattern of unfounded attacks against colleagues and others.”
The earlier August 6 letter and the significance of Dr. Runge stating accusations before the 5.09 proceedings were “formally initiated” are examined here:
The September 7 Charge Letter also added a specific representation attributed to HHS-OIG.
HHS-OIG Had “Conveyed to the University Serious Concerns”
In the section concerning NIH Grant R01NS082304, Dr. Runge wrote:
“The Department of Health and Human Services Office of Inspector General, which is also reviewing the Grant, has conveyed to the University serious concerns about your conduct on the Grant, particularly your supervision of Ms. Altaee.”
The statement was specific: Dr. Runge stated that HHS-OIG was reviewing the grant and that HHS-OIG had conveyed “serious concerns” to the University about Dr. Foerster’s conduct.
The Charge Letter did not identify the communication through which HHS-OIG conveyed the stated concerns.
That left a documentary question: what had HHS-OIG communicated to the University, and what record supported Dr. Runge’s statement?
September 23, 2019 — Dr. Foerster Asks for the Supporting Records
More than one year later, Dr. Foerster put that question directly to the University through the Michigan Freedom of Information Act.
Dr. Foerster requested:
“Any and all documents and reports regarding the OIG investigation into NIH R01 Grant NS082304.”
Dr. Foerster then quoted Dr. Runge’s “serious concerns” statement and specifically requested the “documents/reports upon which” Dr. Runge’s statement was based.
The request therefore tied the search directly to the representation in the 2018 Charge Letter.
October 11, 2019 — No Responsive Reports; Internal Notes Withheld
On October 11, 2019, University of Michigan Chief Freedom of Information Officer Patricia J. Sellinger answered the request:
“Your request is denied. We do not have responsive reports.”
The next sentence stated:
“Some internal notes are withheld from disclosure…”
Read together with Dr. Runge’s 2018 statement, the response presents a notable documentary distinction:
The University reported no responsive reports. The University acknowledged some internal notes and withheld the notes.
The University invoked Michigan FOIA §13(1)(m) and declined to describe the notes further, stating that additional description would reveal the exempt information.
The disclosed record does not identify who created the internal notes, when the notes were created, what information the notes contain, or whether the notes memorialize a communication from HHS-OIG.
The 2019 response does not establish that Dr. Runge’s September 2018 statement was incorrect. The 2019 response also does not disclose what communication or information supported Dr. Runge’s representation.
The documentary question therefore remained unresolved: what supported Dr. Runge’s statement that HHS-OIG had “conveyed to the University serious concerns” about Dr. Foerster’s conduct on NIH Grant R01NS082304?
The Federal Record Continued
Later records provided substantially more information about the federal investigation itself, including HHS-OIG Case No. 5-17-0-0192-4, NIH Grant R01NS082304, and the eventual disposition of the investigation.
Those records address a related but different question: what did HHS-OIG investigate, and how did the federal investigation end?
The later records do not, by themselves, establish what HHS-OIG communicated to the University before Dr. Runge issued the September 7, 2018 Charge Letter.
The later federal record is examined here:
Primary Documentary Records
Exhibit 1 — September 7, 2018 Charge Letter, Dismissal Proceedings
The complete five-page Charge Letter from Dr. Marschall Runge to Dr. Bradley Foerster is reproduced below.
Documentary Record Underlying Sections A–D
Section A — “Dismissal from the Veteran’s Administration”
VA Dismissal Allegation and Underlying AWOL, LWOP, and MERIT Grant Records
Section B — “R01 Grant”
NIH R01NS082304 Allegations and Underlying Grant, ORCR, and Financial Records
Section C — “Unsupported, False, and/or Defamatory Allegations – University Matters”
Attribution of Communications, Contemporaneous Challenges, and Later FOIA IP Records
Section D — “Improper Conduct in the Judicial System”
“Frauds Upon the Courts” Allegation and Underlying Federal and State Court Records
Exhibit 2 — October 11, 2019 University of Michigan FOIA Response, FOE 0812-19
The complete University of Michigan FOIA response stating “We do not have responsive reports” and acknowledging that “Some internal notes are withheld” is reproduced below.
5.09 Documentary Chronology
← Previous
|
Return to 5.09 Documentary Chronology
|
Next →
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