June 10, 2019: Dean Marschall Runge Reintroduces Civil Litigation Rejected by SACUA in Recommending Dr. Bradley Foerster's Dismissal Under University of Michigan Bylaw 5.09
On June 10, 2019, University of Michigan Medical School Dean Marschall Runge submitted a three-page memorandum to President Mark Schlissel recommending the dismissal of Dr. Bradley Foerster, a tenured Associate Professor of Radiology, without severance pay.
The memorandum followed the Medical School ad hoc committee's December 19, 2018 recommendation for dismissal and SACUA's May 24, 2019 review, which had rejected several grounds for dismissal while nevertheless recommending termination.
Dean Runge cited Regents' Bylaw 5.09(4)(g) and stated that he had reviewed both committee reports and the evidence and statements submitted during the proceedings.
Dean Runge Reintroduces Civil Litigation Rejected by SACUA
SACUA had concluded that Dr. Foerster's unrelated civil litigation should not support dismissal because it fell outside matters primarily concerning the Medical School.
Dean Runge disagreed, writing on page 2:
“Nevertheless, I believe it is appropriate for me to consider as part of my recommendation, some of the conduct that the Review Committee felt should not be considered.”
Dean Runge specifically reinstated consideration of Dr. Foerster's conduct during civil litigation, distinguishing it from the act of pursuing litigation itself. He did not address SACUA's objection concerning the scope of the proceedings or the potential First Amendment implications of relying on litigation conduct to support dismissal.
The Evidence and Procedural Objections
Dean Runge stated that both committees had thoroughly considered the evidence submitted by Dr. Foerster and that he had reviewed their reports and the parties' submissions.
Yet his memorandum did not specifically identify or discuss a single exhibit from Dr. Foerster's documentary submissions, including the more than 50 additional exhibits presented for SACUA review.
Dean Runge concluded that Dr. Foerster had received a fair opportunity to defend himself without addressing the dispute over pre-hearing access to 55 University exhibits, outside counsel's role, or witness-related objections.
He also endorsed the findings concerning NIH grant R01NS082304 and the University of Utah arbitration proceedings without specifically addressing Dr. Foerster's documentary evidence challenging those findings.
Dean Runge Rejects SACUA's Resignation Alternative
SACUA had recommended that Dr. Foerster be offered immediate resignation as an alternative if dismissal were ultimately ordered.
Dean Runge expressly disagreed, stating that Dr. Foerster had already possessed the right to resign and had chosen not to exercise it.
He recommended dismissal without severance pay under Bylaw 5.10, citing Dr. Foerster's alleged failure to perform assigned academic duties.
The Recommendation to President Schlissel
Dean Runge's June 10, 2019 memorandum recommended Dr. Bradley Foerster's dismissal without severance pay, rejecting SACUA's proposed resignation alternative and reinstating consideration of civil-litigation conduct that SACUA had recommended excluding.
The memorandum was Dean Runge's final recommendation under Bylaw 5.09, not President Schlissel's final decision.
June 10, 2019 — Dean Marschall Runge's Recommendation to President Mark Schlissel (3 Pages)
5.09 Documentary Chronology
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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.