WAYNE STATE UNIVERSITY DISMISSAL PROCEEDING - FACULTY WITH TENURE In the Matter of: WAYNE STATE UNIVERSITY SCHOOL OF MEDICINE, Employer, Volume 2 and RICHARD BRUCE NEEDLEMAN, Ph.D., Respondent Tenured Faculty Member. _______________________________________/ Transcript of the proceedings held in the aboveentitled matter before CHAIRPERSON JAMES STATHAM and a Committee, at Scott Hall, Wayne State University, Detroit, Michigan, on Thursday, March 30, 2017, commencing at or about 9:00 a.m. HEARING COMMITTEE MEMBERS: UNIVERSITY PANEL: Jennifer Condon Jose A. Rico-Ferrer Lisa ZeWinters SCHOOL OF MEDICINE PANEL: Donald Kuhn Philip Philip Samiran Ghosh (Continued) WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 240 APPEARANCES: (Continued) MS. LINDA M. GALANTE (P35914) Associate General Counsel Office of the General Counsel Wayne State University 4259 Faculty Administration Building Detroit, Michigan 48202 313.577.2268 (Appearing on behalf of the Employer) MR. GORDON A. GREGORY (P14359) Gregory, Moore, Jeakle & Brooks, P.C. 65 Cadillac Square, Suite 3727 Detroit, Michigan 48226 313.964.5600 (Appearing on behalf of the Respondent) Reported by: TAMARA A. O'CONNOR CSMR 2656, CER 2656 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 241 TABLE OF CONTENTS (Volume 2) Witness Page Virginia Delaney-Black (Resumed) Cross-Examination by Mr. Gregory 243 Redirect Examination by Ms. Galante 281 Re-Cross Examination by Mr. Gregory 284 Daniel A. Walz Direct Examination by Ms. Galante 292 Cross-Examination by Mr. Gregory 324 Redirect Examination by Ms. Galante 327 Charles James Parrish Direct Examination by Mr. Gregory 339 Cross-Examination by Ms. Galante 364 Richard B. Needleman Direct Examination by Mr. Gregory 380 Cross-Examination by Ms. Galante 447 Redirect Examination by Mr. Gregory 474 Exhibits Marked Employer's Exhibit 16 Received 308 (BMB 7010 SET Scores, 2011-2015) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 308 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 242 1 Exhibits 2 Employer's Exhibit 17 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (Volume 2) (Continued) Marked Received 314 319 370 371 381 382 382 384 (BMB 7330 SET Scores, 2011-2015) Employer's Exhibit 18 (Hornberger Arbitration Decision) Respondent's Exhibit 6 (Needleman Curriculum Vitae) Respondent's Exhibit 7 (Expanded NIH Biographical Statement) Respondent's Exhibit 8 401 403 407 412 413 414 417 417 422 425 433 434 478 478 (Nature Magazine Article, 10/'16) Respondent's Exhibit 9 (Grant Application) Respondent's Exhibit 10 (Publications in Refereed Journals) Respondent's Exhibit 11 (Rebuttal of Charges) Respondent's Exhibit 12 (List of Citations) Respondent's Exhibit 13 (Appendix to Rebuttal) Employer's Exhibit 19 (2014/15 Promotion and Tenure Factors) 24 25 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 243 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Detroit, Michigan Thursday, March 30, 2017 - 9:05 a.m. VIRGINIA DELANEY-BLACK (At 9:05 a.m., previously sworn, testified further as follows) CROSS-EXAMINATION BY MR. GREGORY: Q Good morning, Doctor. It's good to see you again. Can you summarize for me your role in the process that resulted in the letters that were sent to, I believe, some 30 people or perhaps more, and from that point on? We have fragments of it from your testimony, but just tell us in general what you did. A Well, I think I summarized that yesterday under direct review. However, I was involved as an assistant to the Dean to independently review the records, to advise the Dean and the Committee, and I sat through the--some of the discussion with the Committees--the Committee. I shouldn't make that plural. Then I sat in at each of the meetings with each of the individuals that got a letter, or I should say most of those. There were a few that Dr. Sobel did on his own. Page 245 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q A would have come from Selective Salary. Now would you please look at Exhibit 9? Yes. Did you prepare that? I did not prepare that. Who did? Honestly, I don't know. It contains data that-well, honestly, I don't know who prepared that form. Now do you know when it was prepared? I do not specifically know what date it was prepared, no. Do you know, was it prepared for this particular hearing? I don't know if it was prepared for this hearing. Can you tell us why it has expanded the information in Exhibit 8, which ends with 2013, and this goes back to 2010? My concern is the Committee is being presented with evidence that was not part of the dossier or part of the decision of the Dean to bring the charges. I don't know that one can actually say that. The information that was brought to the Committee was extensive, and as I said, I read all of the--I said yesterday if I didn't say earlier today that I read Page 244 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q A Q A Q A Anything else? If there is anything else that you wanted to know. Right. You became Vice Dean in 2014, as I recall? That is correct. Now at that time did you initiate any processes with regard to alleged under-performing faculty? You asked if I initiated any? No, I did not. Did you have any responsibility at that time? I had responsibility for promotion and tenure in 2014. I did not have responsibility for the Selective Salary Program in 2014. Who did at that time? Roberta Sanino (phonetic) in 2014. MR. GREGORY: Linda, would you give the Doctor copies of Exhibit 8 and 9, please? MS. GALANTE: They are in the book here. 8 is the dossier, and 9 is--okay. There you go. (By Mr. Gregory) Did you prepare the form that is reflected in Exhibit 8, Doctor? As I said yesterday, I did not. But you had some responsibility for its completion? No. I had responsibility for some of the data that went into the form. What data did you have responsibility for? The Selective Salary documents. So anything that Page 246 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A all of the documents in Dr. Needleman's personnel files. So that information would have been available to the Committee, even if it wasn't on the initial dossier that came to the Committee. Well, Doctor, you're not disputing the fact, are you, that the information does not appear on Exhibit 8, the dossier that Dean Sobel testified was utilized in these hearings? It was one of the documents that was used in this hearing. It's not the only document, sir. Well, was Exhibit 8 used by Dr. Sobel and you in the various meetings, the 20-minute meetings that were held with faculty? Well, I believe Dr. Sobel yesterday indicated that they weren't 20-minute meetings with the faculty, and at the time that we met with the faculty member we had the most recent data that was available. Did you have Exhibit 8 in your possession when you had those meetings? Yes. That would have been one of the documents that we had in our possession, yes. Did you have Exhibit 9? As it looks today, I can't say that I had that document, but I had the data that existed in Table 5 (Pages 243 to 246) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 247 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9. How did you have it? How was it communicated to you? A My office is the one that is in charge of Selective Salary, and so when I became Vice Dean in 2014 I took on all of the responsibility for all of that data. Q Are faculty required to attend the annual Selective Salary Review? A The Selective Salary Review is not a personal interview. The faculty members are required to submit dossiers to their individual departments that are specified by the University and by the School of Medicine. Those documents consist of a complete C.V., a teaching portfolio--not a portfolio, a teaching grid, and an annual review of all of their information. That is actually in the contract under Article XII, describes some of the process for Selective Salary, but it's not an interview, so they don't come to a meeting. It's a meeting of the elected Salary Committee for the department that obtains this information initially from the faculty member. Q Page 249 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And if it's not met? A Then there is a penalty. Q Sanction? All right. A But it is a requirement. It's stated in the contract. It's stated from the Provost's office. It's stated from my office. Q Did the departmental Promotion and Tenure Committee recommend the dismissal of Dr. Needleman? A Q No. Did the Salary Committee of the department make such a recommendation? A It's not in the purview of either of those committees to do so, sir. Q So your answer to that would be no? A No. It would have been inappropriate. Q Did the chair recommend dismissal? A No, not this chair, the prior chair. Q Did you recommend dismissal? A I was on the committee that assisted the Dean. It was the Dean that recommended dismissal to the President. Q Did you make a recommendation to the Dean? A I contributed to the recommendation that the Dean made. Q And what was your contribution? Page 248 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Are there sanctions if a faculty does not cooperate? If a faculty member fails to participate, there are sanctions, yes. What are those sanctions? The sanctions have to do with if you--if the faculty member does not contribute their required materials in two out of five years, then they are sanctioned by not getting an across-the-board raise for five years, and they also clearly are not eligible for merit because merit is judged based upon the information that is included. So the year that they don't participate they get no merit, and if they don't participate two out of five years, they don't get the across-theboard. They also, if they're tenured, don't receive--as I recall, but I would certainly look at the contract if I were asked this by a faculty member--I think they don't get credit towards their sabbatical leaves. Would you agree that effectively there is an option in the faculty to waive a Selective Salary-No. I would absolutely not agree with that. Why is that mistaken? It's a requirement. Page 250 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q By providing him with the data, by providing him with my opinions. Were others involved in that particular process? Yes. As I've stated on several occasions, there was a committee that discussed each of the faculty. Can you name the others for us again? Well, I think Dean Sobel listed them yesterday. They included--I believe that John Vander Weg was there. I believe that Lou Lessem was there, or an attorney from the University. It included Vice Deans specifically related to their expertise. It also brought in individuals that were not part of the committee, such as individuals that would know about the teaching of the faculty, so individuals from Medical Education came in. So I believe that Dr. Walz came in. Mr. Munson was there. The Chief of Staff--the Dean was there. I personally did not keep minutes, so I may well be missing other members that were there. Can you name those that were on the medical team, I think you mentioned, and also the Vice Dean, I take it, other than yourself? I said that Vice Deans came in also to that meeting. What Vice Dean? 6 (Pages 247 to 250) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 251 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A I believe that Dr. Baker was there at times, and I believe that Dr. Hazelton also came in at times. Whether they were there for all of the meetings, I would have to go back and look at the minutes. MS. GALANTE: Hazelton? Did you mean Hazelton or Hazlett? THE WITNESS: Oh, I'm sorry. Linda Hazlett. MS. GALANTE: All right. I just wanted to correct the record. MR. GREGORY: All right. Thank you. (By Mr. Gregory) Would you look, please, at administration Exhibit 15? Yes. Would you consider this to be an academic assignment? Yes, I would. And could you be a little more specific as to why that constitutes an academic assignment? Well, for one thing it requires an up-to-date C.V. from the faculty member, which is an important requirement for the institution as part of the accreditation, for example, of the University. We are required to have information about each faculty member that would be included in an Page 253 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A than most faculty on this campus, and I saw no reason to meet with Dr. Needleman. Did you find his conduct at the May 23 hearing to be inappropriate? Well, you know, honestly, I had to read the minutes of that meeting in order to remember exactly about his conduct, because we were there to discuss the facts, and so the conduct of the faculty was only important in terms of their willingness to improve their outcomes in the future. So his conduct wasn't of concern specifically to me. Was it hostile, as has been suggested by another witness? Oh, yes. It was quite hostile. I remembered it being hostile. I just couldn't remember exactly what had happened. Did you find that particularly unusual, in that a man's career was on the line and they had already been charged in a March 23 letter with not performing and being threatened with dismissal? It's not what happened with most of the faculty, no. Were there others though that displayed similar conduct in the meetings? There were a few. Page 252 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 up-to-date C.V. So the University's accreditation process is dependent upon us having accurate information, should the accreditor decide to ask about a specific faculty member's activities, for example. Q And that is your position, even though it provides that you could be scored "DNP," "Did not participate"? A No. It doesn't suggest that that is an option that faculty should consider. It says that that's what the administration has to do when a faculty fails to comply. Q Did you ever meet personally with Dr. Needleman regarding his performance? A Prior to the meeting with the Dean? Q Yes. A No. I did not. Q Subsequent to the meeting with the Dean on May 23 of last year, did you meet with Dr. Needleman? A No. I did not. Q Why not? A I saw no reason to. The Dean did not ask me to. We had the information. Dr. Needleman was very specific about what his thoughts were. He was adamant that he was more productive Page 254 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Some expressed outrage. Correct? I don't know if I would say "outrage." Some were distraught or distressed with the idea of being called nonproductive, but there were very few of all the people that we met with. Did numerous faculty express concern that there was publicity about the letters they had received, that their colleagues knew about it? Indeed the whole school knew about it? If their colleagues knew about it, it didn't come from our office, sir. Were you part of the decision to formulate and distribute the March 23 letter that went to all the faculty? I'm not sure-MS. GALANTE: I think I'm going to object. There is no testimony that that letter went to all faculty. MR. GREGORY: Well, I'm sorry. All faculty it went to. THE WITNESS: You know, honestly, I don't even recall. I doubt that I was part of that. (By Mr. Gregory) Was it to your knowledge the same letter that went to those faculty who were selected? I have no idea, sir. 7 (Pages 251 to 254) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 255 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A If I told you that that was the case, would you have any reason to disagree? I would want to see it, sir. For the record, Doctor, of course we're looking at Joint Exhibit 2, the March 23, 2016 letter from the Dean to Dr. Needleman. It is my understanding, since I attended a number of the meetings with you and the Dean, that everyone got the same letter. You certainly must remember that, do you not? You referred to a letter that was sent to all of the faculty. Well, I'm sorry. Let me correct myself. I'm talking about the letter that was sent to those who were not productive. All right. So that is a different--certainly a different question. So I am aware of the letter that was sent to each of the faculty that got it. I was not the one that created this letter. This is from the Dean's office, and so no, I did not prepare this letter. But you don't disagree, the same letter was sent to everyone who was alleged to be an under-productive faculty? Well, I have just testified that I didn't Page 257 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Well, in order to maintain a national/international reputation that would be successful in getting grants, one has to continue to publish. So I would certainly say that his reputation at NIH, for example, would not qualify for having a current national reputation. His prior reputation certainly exists and never goes away, and no one--neither the Dean nor I--are trying to say that he was not a superb investigator during his beginning years here at the University. Q Respectfully, Doctor, does Dr. Needleman have or have not a national and international reputation at this time? Yes or no? A He had a national reputation. Now his reputation is sullied by having had a long period of nonproductivity. MR. GREGORY: Would you hand the Doctor Exhibit A6, please? MS. GALANTE: A6? MR. GREGORY: A. Administrator-REPORTER: We have called them "Employer." MR. GREGORY: Oh, is that what we're doing? Oh, I'm sorry. MS. GALANTE: I just didn't--it didn't resonate with me, A6. Page 256 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q present--I didn't create this letter. I can't tell you that it went to every faculty member, because I didn't create it and I don't recall. I take it then you were not part of any discussions leading to how it would be distributed? I don't recall that I was at this time. Do you have any knowledge or information as to why the Dean didn't simply contact affected faculty and ask them to come in for this chat, if you will, to decide about options, rather than send the same letter to everyone? I don't know. Does Dr. Needleman have a national and international reputation in his field? The Dean testified yesterday that Dr. Needleman's research career was exemplary in the earliest parts of his career and that it wasn't until 2000 that things began to deteriorate, or after 2000. So yes, the Dean testified that his early work certainly provided him with a national reputation at that time. Thank you, Doctor. We know what Dean Sobel said, but I'm asking you, do you know whether or not currently Dr. Needleman has a national and international reputation? Page 258 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A (By Mr. Gregory) Doctor, directing your attention to Employer Exhibit 6 in evidence, are these the Factors that it is claimed should have been followed and implemented by Dr. Needleman? These are the factors from the School of Medicine, yes. And it would be your position that he did not comply, fully at least, with the factors set forth. Correct? He did not comply. Would you turn, please, to the last page, page 15? I note the Factors were signed and dated March 30, 2016, so that is a week after Dr. Needleman had already been charged with alleged nonproductivity. So I don't see how these Factors could have possibly applied to him. There is a previous document for the previous year. So what you have given the Committee then is not accurate. This is not the same document, and I have no idea what the difference is, because it is not my obligation to do so, but this is not what was in effect with Dr. Needleman, is it? They were certainly in effect when Dr. Needleman met with the Committee and when the Dean made his decision about recommending to the President the 8 (Pages 255 to 258) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 259 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 dismissal of Dr. Needleman. Doctor, bear with me, but Exhibit 6 was not in effect with Dr. Needleman? A I would disagree. It was not in effect--it was in effect by the time the Dean met with Dr. Needleman. It was in effect when Dr. Sobel made his recommendation to the President, and it is in effect today. Q So six weeks later the Dean met with Dr. Needleman, and you are saying in that period of time then Dr. Needleman was supposed to comply with this particular document. Is that your position? A No, not in six weeks. The Factors and Guidelines as identified in the contract may be altered every year, and the Executive Committee of the Faculty Senate does that determination, as to whether the Factors need to be revised. Those Factors are available to every faculty member on the website for the Office of Faculty Affairs. When they get changed, they also get changed on the website. We leave off actually two sets of Factors, so if you look today, because the Promotion and Tenure Committee is still meeting at the University, there would be two documents, and I believe that the Q Page 261 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A So the requirements for faculty are defined, both in the contract and in the Factors. So the individuals that would be appropriate to make that decision is the Dean and the President. Q And in their discretion, I assume? A And based--no, not just discretion. Based upon what the requirements are for the school or college or unit. Q Where does it say--so the faculty knows--that they are on an academic assignment and they must perform it competently? A I think anyone who is employed knows that there are going to be expectations from the employer. Q So everyone knows about the employer's expectations? A No. You asked would anyone know that they were going to have expectations in your first question. In your second question, I think you are asking are there specifics that they would know. Q In the last--let's even go back ten years. Has Dr. Needleman performed academic assignments? A He has done some publishing in the last ten years. The Dean testified, and I think you have his C.V. available in the documents that indicate that he did do some publishing. He also taught 15 credit hours a year--not Page 260 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q Dean testified yesterday that there were very little changes that were made between one year and the next in the Factors. Were you part of the decision to charge Dr. Needleman with "failure to perform academic assignments competently"? So you're talking about the Dean's recommendation to the President, sir? Well, I'm talking about that, the charge, where yes, it was made to the President. All right. Were you part of that decision? That was a decision made solely by the Dean. The Dean obtained advice, but he made that decision solely on his own. Do you agree that that charge is not defined in the Board of Governors' statute? I don't know what you mean. Well, you're familiar, of course, with the definition. I'm asking is there a definition anywhere of what constitutes failure to complete an academic assignment competently? I'm still not sure I know what you are asking me. Who decides whether a faculty has not performed an academic assignment competently? Page 262 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 credit hours, I'm sorry, 15 contact hours. So that means each year it was 12 or 15 that he did. So those were some of the assignments that he did. Is that what is expected of a tenured faculty member at the level of Professor? Absolutely not. Q Now when he was on campus, as far as you know, he was performing academic assignments? A Q I don't know what he did when he was on campus. You don't know. Do you have any evidence that those academic assignments he did perform were not performed competently? A Yes. His C.V. was never kept up-to-date. He says in his C.V. that he doesn't know exactly what he did, that the administration should be recording that. That's not a competent way to maintain a record of what you have done. He did not consistently comply with the requirements for submitting Selective Salary documents. He got poor teaching scores. He failed to--he had two five-year periods where he had no grants submitted, and yet he was a tenured full professor at the time. Q Was all that communicated to him at any time? 9 (Pages 259 to 262) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 263 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A He got Selective Salary scores annually, and we heard testimony yesterday from his chair, his previous chair, that he certainly got information from the prior chair about not doing his assignments competently. He also got teaching scores, and we heard yesterday from his previous chair that the teaching scores were poor and there were complaints from the students. It seems to me you are telling us many things that are not in the charges. It appears to me he was basically charged and would be dismissed because he didn't raise any grant money. Isn't that correct? Would you re-state that question? Wasn't the big problem that he did not produce grants? That was one of the problems, so he did not have publications that would support grants, even going forward in the future. He had not submitted for grants, not just that he didn't get funds, but he had not submitted. When someone doesn't have funding and their effort is supposed to be for a grant submission, that is certainly an academic assignment that is not being competently done. Page 265 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Let me ask my question again. Did you personally take any action as Vice Dean in charge of research and contact him with your concerns? I'm not the Vice Dean responsible for research. I'm the Vice Dean of the faculty. You had no responsibility then? I didn't say that, sir. I said that I wasn't the Vice Dean of research. Do you know, why didn't you talk to him? As I said, when Dr. Needleman's dossier came to me, it was in the context of this process. The Dean had already started a process, and it was the Dean's process, so I did not meet individually with any of the faculty. Were you involved with other faculty whose publication and grant record was less than productive, to use the term utilized by the Dean? I meet with many faculty over the course of the year, some of whom have problems with their productivity. And how many have been placed on mentoring? Well, the mentoring, we actually in every Letter of Offer we recommend to the faculty, we require of the faculty that they obtain a mentor when they start here at the School. Page 264 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A He was not publishing in a consistent manner that would permit future grants. So we saw yesterday that his publications were in various areas, liver failure, CNS damage, central nervous system damage. These are not--changing one's topic is exactly something that when you change your topic you need a focus to go forward, and the focus that is described in the Factors that is expected of a tenured faculty member was not present. So it's great to change your topic if that is what you want to do, but you need to focus on something so that you can be productive in terms of grants. When did you learn his focus in research had been changed? In reviewing his C.V. and in meeting with him. And when was that, prior to March 23 of last year? Yes. What action if any did you take to counsel with him or determine the prospect of his new research leading to publications and grants? Well, the Dean had already initiated a committee to review faculty, so I participated in that committee, and that's what I did. Page 266 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A So we recommend mentoring to every faculty member. Would you repeat that? I was interrupted, Doctor. I'm sorry. I said the Letter--the current Letters of Offer identify that someone should find a mentor here at the School to help them in the process. We recommend that every faculty have a mentor. With regard to those faculty called in for the meeting with the Dean that you attended, how many were placed on what could be called "expectations"? I don't recall the number. Maybe ten? Does that sound about right? I would say it's somewhat over ten, but I don't recall specifically the number. Tell the Committee, if you will, please, what are these expectations and your role in administering them? The expectations as Dean Sobel stated yesterday were very specific to each faculty member. So some faculty members who expressed a desire to increase their research productivity were given assistance about how they could potentially increase that research success. We met with--"we" meaning typically Julie 10 (Pages 263 to 266) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 267 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Serdar (phonetic) and myself--met with the chair and the faculty member to go over the expectations. Julie and I met with the chairs in advance to discuss the potential for what that could be, and those individuals that were interested in doing more research and being more successful about their research were given advice, and they meet regularly with their chairs, and the chairs report back to Julie about their success. Q What criteria were used in determining who would be placed on expectations? A The Dean chose what the outcome was after the meetings with the faculty member. Q Were you involved in that decision? A Only to the extent that I gave recommendations to the Dean, as did others. Q What criteria did you use to make a positive recommendation that a faculty go on expectations? MS. GALANTE: First of all, I want to place an objection. That has been asked and answered several time. The Dean explained how he looked at each case individually, and I think that she has, but I just want to note that objection. MR. GREGORY: Well, the Doctor has testified--we all know what the Dean said, and she Page 269 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 evidence of a poor performance in his record. That was one of the major things that came out of that discussion with Dr. Needleman. He, as I have said earlier today, and the Dean said yesterday, he compared himself to the rest of the faculty, I believe at the School, saying that he was one of the most productive members of the faculty at the School. It is very hard to get someone to change their methodology when they don't see that there is a problem, so that was one of the issues. Another issue was that he had no focus of research in the last decade. He had no publications in the last decade that would support a substantial external grant funding. It was clear that he did not want to work with a mentoring committee, meaning either his chair, which is what we had asked, that the faculty member identify colleagues that could be helpful, that the chair would work with them, and it was quite clear that he did not want to do that. Q Did he tell you or the Dean in this meeting that he had no interest in an expectation procedure? A He told the Dean and I that he was the better judge of where he was in his career than either of us. Page 268 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A has been identified as a person implementing the program, so-CHAIRPERSON STATHAM: I will overrule it and allow the question. Go ahead. (By Mr. Gregory) What criteria did you use then, Doctor, to determine who would get expectations and who would not? Well, I didn't determine that. The Dean determined it. So my advice to the Dean was based upon whether there were questions or comments. We looked at the publication record because individuals that had not been publishing in a focused way for over a decade were unlikely to be successful in getting any grants. The expectation was that they had to be interested in improving their performance. They had to be willing to put the work into doing it. They had to have some preliminary data, not all the preliminary data but some preliminary data that would allow them to be successful at writing a grant and having a successful grant. So that was one of the primary--and they had to be working on academic assignments. Why wasn't Dr. Needleman offered expectations? Well, Dr. Needleman was quite clear that he saw no Page 270 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Let me try my question again, Doctor. Did he tell you that he had no interest in expectations? I don't recall specifically that that question was addressed in the way that you have posed it. Did he tell you that he was engaged in research with Dr. Brusilow-Yes. That would lead to publications once the data had been secured? Yes. He did. Did you make any inquiry about the substance of that research, of the timetable of that research, the prospect of grants deriving from that research? The Dean and I both felt that this was nothing different than what Dr. Needleman had been doing. How could you reach that conclusion if you didn't ask him what the nature of the research was and the timetable? I have trouble understanding that, Doctor. Well, we had also--the Dean had also met with his chair. The Dean had others that were available to him, and the reality is that we have a ten-year period of time, more than a ten-year period of time of nonproductivity. 11 (Pages 267 to 270) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 271 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q A Q A Q The Dean is well aware, as many members of the Committee were, of the inability of someone to get a grant after such a long period of time of being unproductive. Did you have any expertise in the area of research-No. Then engaged in by--no? No. So did the Dean? Do you know? No. How would you make an assessment then that the research was not going to ultimately be productive and produce grants, as well as publication? It had not. It had not, but you had not inquired about the timetable? The timetable of more than ten years without a grant and without a focused research project. How many other faculty-I wasn't finished with my statement, sir. I'm sorry. Pardon me. So a ten-year timeframe is more than adequate to see that things had not been productive. How many other School of Medicine faculty were Page 273 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have seen this many times, Doctor, and as lawyers are fond of saying, it speaks for itself, but starting with the first paragraph the Dean speaks about the productivity of our faculty. The last sentence talks about the lack of scholarly and research productivity, and then in the second paragraph it talks about not maintaining a sufficient level of productivity, and then says in effect, "If things don't shape up, we're going to bring charges." MS. GALANTE: Well, I'm going to object to your characterization. You are now characterizing this letter. The document speaks for itself. There is nothing in that letter that says, "If you don't shape up," so-MR. GREGORY: All right. Let me strike that. Q (By Mr. Gregory) But it does go on to tell the faculty that if they fail to perform academic assignments that could be a consequence of further action, and then that the Dean, of course, wants to discuss whatever options there might be. Now I'm concerned about the frequent reference to productivity, and I don't believe that is set forth in the Promotion and Tenure Factors, is Page 272 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 treated differently in terms of not being offered expectations but having dismissal charges filed against them? MS. GALANTE: I want to place an objection to the characterization of that question, that other faculty were treated differently. I don't think there is any foundation for that. CHAIRPERSON STATHAM: I will overrule you and allow the question. Go ahead. Q (By Mr. Gregory) How many others were not given an opportunity at self-correction? A No one was given an opportunity at self-correction. So the individuals that got expectations were expected to meet with their chairs, and there were very specific goals and measures put in place to try and help them be successful. Q Well, how many were not offered expectations besides Dr. Needleman? A So are you asking how many got the letters from the President? Q Yes. I think so. A All right, and honestly I don't know. I don't recall the number. I think the Dean testified to that yesterday, but I'm sorry. I don't remember. Q Will you please look at Joint Exhibit 2? I know you Page 274 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q it? The word "productivity" does not come in the Factors. In terms of the School of Medicine, what is productivity, and what are the expectations of productivity? Well, the expectations are well-specified in the Factors. For a Research Educator, Full Professor with tenure at the School of Medicine, it is to have a focused research program that is successful in terms of scholarly publications and research external funding, and those are specified. It also specifies teaching, and it specifies service assignments. Does it have anything to do with grant income? It says "external funding," substantial--let's go back to the document. All right. And then I won't mis-quote it. What document are you referring to? The Factors. It says: "Research accomplishment must be rigorous and original or novel with some fundamental significance or impact." Where are you reading? 12 (Pages 271 to 274) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 275 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A On page 5. (Reading): "Publications of original investigations in peer-reviewed journals is required. Research accomplishments will result in an appropriate (E.G., national or international) recognition, leadership stature, and eminence in the peer group that is appropriate for the area of research. Evidence of eminence shall include continued success in obtaining substantial competitive investigatorinitiated extramural funding at the national or international level." That would be what the School's expectations were. That would be what Dr. Needleman was supposed to produce for research. Then it goes on to talk about teaching, and then it also goes on to talk about service on page 6. Q Look at page 5. What does the caption say at the top of the paragraph you just read? A Yes. It says: "Requirements for Appointment or Promotion to Professor in the Research Educator Track,"-oh, I don't have my copy of the contract. MS. GALANTE: You do. It's here. I was Page 277 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Selective Salary they would get their score indicating whether they were identified as under-productive. So the Selective Salary scores plus talking to their chairs would be evidence of their expectations, or whether they are meeting expectations, but certainly the Factors are there on the website for anyone who wants to read them to know exactly what was expected of them. MR. GREGORY: Linda, would you give the Doctor Respondent Exhibit 5, please? MS. GALANTE: I have to find it. I can go make a quick copy. Just for the record I want to again object to the use of this document because Dean Sobel testified that this was a draft, that he has not yet approved, and also indicated that there were some changes that he anticipated he would be making before approving it. Q (By Mr. Gregory) Doctor, for the record-CHAIRPERSON STATHAM: Isn't this like, this exhibit--Mr. Gregory? MR. GREGORY: For the record--I'm sorry? CHAIRPERSON STATHAM: What is your response? She objected. MR. GREGORY: Oh, yeah. As I believe I Page 276 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A using it. Sorry. THE WITNESS: Okay. So under the Selective Salary Program it also says on page 25 that these are the criteria that are used to judge the faculty ongoing. It says on page 25--this is Article XII-"In recommending Selective Salary increases the Committee shall be guided by unit factors and general University criteria and Factors for Tenure and Promotion." Is productivity a University Factor? As I said, productivity is an English word that says that we are to produce. The Factors identify what the faculty member is to produce, based upon their track, their rank and their tenure status. The word "produce" may not be in the Factors, or to my knowledge, I don't know whether it is in the University documents. How would the faculty know that productivity was a certain number of, say, publications, a certain number of grants, amount of grants? Isn't that something that they should be apprised of? The faculty get their Selective Salary scores annually, and so if they are participating in Page 278 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A indicated yesterday, the form was obtained from a member of the faculty. Several of the faculty have received the form and are of the impression they are to complete it. Despite the Dean's testimony that he has not signed off, it is my understanding it is going to be used, and I think it's relevant to have the Committee hear about it now, rather than resume the hearing at another time. CHAIRPERSON STATHAM: Overruled. I will allow it. MS. GALANTE: He did not--can I just add for the record, he did not say that it would be used in this current form. CHAIRPERSON STATHAM: Okay. I'm going to overrule you and allow it. (By Mr. Gregory) Now, Doctor, will you be responsible for implementing this form if it is finally approved by the Dean? No. Who will be, if you know? I don't know. Did you have any responsibility in the development of the form? In the development of the form? No. 13 (Pages 275 to 278) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 279 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q Q A Q A Q Have you seen it previous to today? I'm not sure I saw this version, but I have seen previous versions, if not this one. Isn't this a form of post-tenure review? MS. GALANTE: Objection. You haven't defined what you mean by "post-tenure review." MR. GREGORY: Well, she knows what I mean by "post-tenure review." MS. GALANTE: Well, I don't know. There is--I have five articles in my--on that whole topic that are lengthy. It's a subject of great debate, and unless you are giving her a definition, how is she going to answer the question? MR. GREGORY: Well, she hasn't said that she didn't understand the question, so I take exception to you signaling the witness. (By Mr. Gregory) Do you understand what "post-tenure review" is? Why don't you describe to me what you mean by "post-tenure review"? No. I am asking the questions, unfortunately. Then I'm not sure what you mean by "post-tenure review." Arguendo, hypothetically this form is distributed to School of Medicine faculty, perhaps with the Page 281 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q Q A So, Dr. Delaney-Black, would you consider--you're a tenured faculty member. Correct? I am. Would you consider yourself to be a professional? Yes. And would you consider all faculty in this University to be considered professionals? I do. And as a professional, is it the expectation by both faculty and the administration that a faculty member's work would be self-motivated? MR. GREGORY: Objection, leading. CHAIRPERSON STATHAM: I think that is a leading question. Could you rephrase that? (By Ms. Galante) What is your expectation, what is your understanding of expectations, both by faculty and the administration in terms of how and when a faculty member initiates their academic assignments? Well, each faculty is given the broad Factors and Guidelines to implement in their own research area for tenured research, or for a tenure-track faculty. So they would be expected to develop a research focus. They would be expected to understand what was required of them and to comply with what the University requirements are, which for Page 280 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 deletions mentioned by the Dean. What will be the disposition of it, if you know? A I have already said that it didn't come from my office, and I don't know what the plans are. Q You don't. Are you aware that the form when completed and filed would be subject to public disclosure under the Freedom of Information Act? A I don't know. Q You don't know. Is that a concern? A As I said, I have not been involved with the form. I don't know whether it would be available for public information, and so I would leave that to Legal. Q Is that going to be looked into, do you know? A I have no knowledge of anything about this form. May I give this back? Q Oh, yes. Thank you. MR. GREGORY: I have no further questions. Thank you, Doctor. CHAIRPERSON STATHAM: Anything on redirect? MS. GALANTE: Yeah. I do have some redirect. REDIRECT EXAMINATION BY MS. GALANTE: Page 282 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 non-tenured faculty would include an annual review. For tenured--and in addition, for tenured faculty and non-tenured faculty, completion of the Selective Salary Program, looking at E-mail from the University and from the School of Medicine to inform them about things that were happening. So it would require a great deal of recognition of their responsibility for handling their career and their success in their career, taking advantage of the opportunities that the University offers to improve their teaching, to improve their research skills, to go to grantwriting. So it is a very self-motivated career. Q You were questioned by Mr. Gregory on crossexamination about whether or not you participated in the Dean's final decision to recommend dismissal. The question I have for you is, do you agree with the Dean's decision to recommend dismissal in Professor Needleman's case? A I do. Q Counsel on cross-examination also asked you a bit about Professor Needleman's national reputation and citations to his work. My question for you is, are citations to one's historical work one of the factors that the 14 (Pages 279 to 282) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 283 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q School of Medicine looks at as established, both in the School of Medicine Factors and the contract, in measuring a faculty member's productivity, or whether or not they're meeting--what level they're at in terms of their scholarship? No, and specifically the Factors talk about evidence of eminence requires continued success in obtaining competitive investigator-initiated grants. So citations from work from previous years, decades previously, would not be considered as adequate productivity. So my one final question is about the School of Medicine Promotion and Tenure Factors that is Exhibit 6, the administration's Exhibit 6. Counsel asked you about the fact that this was dated March 30TH of 2016, and I take full responsibility for the copy that was submitted as an exhibit. I took this because this was the document that was produced to Mr. Gordon under his request. However, you work with these documents on a regular basis in your job. Is that correct? That is correct. Are you aware of any significant changes between last year's Factors and this year's Factors? MR. GREGORY: Objection. The best Page 285 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 current productivity. Does that help your--with your question? Q No. I'm asking you. You used the phrase, "adequate productivity." Correct? Do you remember it? A Q Yes. All right, and my question is, is that the same as scholarship, or different? A You know, honestly, your question doesn't make sense. That's why I tried to rephrase my answer, previous answer. Q That's all right. I'll see if I can make better sense out of it. Is "adequate productivity" different from "scholarship"? A Well, we talked about everything that a faculty member has to do, so I'm not sure why or how you compute adequate productivity to scholarship. They don't seem to make sense in a sentence to me. Q If my work is cited numerous times by colleagues and others in the field, isn't that evidence of scholarship? A No. That is absolutely not evidence of scholarship. Q Why is that absolutely not? A So it's evidence of prior scholarship, decades ago. The citations are--there is--and again, I've testified to this. The Dean testified to this, and Page 284 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 evidence would be the Factors. MS. GALANTE: And I will get a copy of them and submit it. CHAIRPERSON STATHAM: Overruled. Let her answer. THE WITNESS: There are no substantive changes for Research Educator faculty that are tenured professors. The expectations are still the same. MS. GALANTE: And before I rest, I will get a copy of last year's and offer it as an exhibit, so that if the Committee wants to compare word-for-word and see if there are any changes they can do so. I just want to go through my notes quickly, and then--I think that's all I have. CHAIRPERSON STATHAM: Mr. Gregory? MR. GREGORY: Yes. RE-CROSS EXAMINATION BY MR. GREGORY: Q Doctor, when asked about citations, you indicated in your attorney's question that was not adequate productivity. What is the difference between adequate productivity and scholarship? A So let me revise my statement. It's not evidence of Page 286 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A I can testify again. We all agree that Dr. Needleman was an eminent scientist with a significant body of research that he did over a period of time, but it is not adequate to do something in the past and not do--continue to work. So the Factors are clear. The expectations are clear. Faculty cannot stop working and think that their prior work is an adequate evidence of why they are currently productive. Dr. Needleman--and it appears you--think that that is adequate. It is not. It is not at all. Do you personally know how many citations Dr. Needleman had after 2010? The citations refer to all of the citations. They don't describe the citations--so I'm sorry. Are you finished? No. I wasn't finished. I thought I was being interrupted, so-I don't think I did. Sorry. All right. So the citations refer to what has happened over time. So, for example, in my field of research, one of the most cited publications is a paper that never actually got published. 15 (Pages 283 to 286) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 287 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It's still somebody's dissertation, and it's how you measure economic status of an individual. That was published, I think in 1975. Virtually every manuscript that I see in my research area cites that 1975 publication, even though it's not a publication, that dissertation, even though that individual didn't publish it. So that is certainly not scholarship. That was one evidence in 1975 of scholarship, but the number of citations would be in the hundreds of thousands probably, because every social scientist uses the Hollingstadt (phonetic). You have to cite that dissertation, because that is the original citation. That is not evidence of ongoing scholarship. The School of Medicine requires, the University requires that all of us continue to do our job, not just the first decade of our employment but throughout our employment as a faculty member. That is where lack of productivity comes in. It doesn't mean that somebody's work is still not cited. It doesn't mean that that prior work wasn't outstanding, but it's not adequate. Does that answer your question? Q No, but we'll move along. Page 289 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A that there is an unproductive Factor. MS. GALANTE: It's a way of describing somebody's record. It doesn't mean that we have now added a new Factor to the Factors that have been well-established. CHAIRPERSON STATHAM: Okay. Overruled. I'll allow the question. Ask the question again. MS. GALANTE: If you remember the question. Sorry about that. THE WITNESS: Would you like to repeat the question? (By Mr. Gregory) Do you recall it? Would you like to repeat it, please? I will if you-Yes. Please. Yes, certainly. No. I asked the difference between productivity and scholarship and how--the fact we know, the primary concern, it is almost Aurelian in terms of some faculty are productive but others can be more productive. How do we know, Doctor, how to apply that? So there are no new Factors. The Factors are created by the Executive Committee of the Faculty Senate, and the administration does not create the Factors. Page 288 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q I thought it did. Let me conclude, Doctor, by asking then, we apparently have a new Factor, if you will, called "productivity," "lack of productivity," "unproductive." MS. GALANTE: I just want to put-Q (By Mr. Gregory) It has been my privilege to represent the faculty for many years, tenure cases and the rest, and we have not actually been confronted with that Factor or that concept. So that's why I'm asking the difference between productivity and scholarship and expectations. It seems like a rather amorphous situation to apply, and I'm wondering if you could enlighten us as to how the faculty is judged in terms of productivity. MS. GALANTE: Before you answer, I'd like to place an objection, that there is no foundation in the record that productivity is a new Factor. I think there have been numerous explanations given as to what it means, what that word means, but there is no evidence or foundation to say, "We now have a new Factor." It's a way-MR. GREGORY: Well, Joint Exhibit 2 is, Counsel. The team alleges at three different times Page 290 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Dean receives the Factors from the Faculty Senate, the Executive Committee, and then can accept those if he concurs. So there is no new Factor. I find it difficult to understand that if there are expectations of the faculty that are very well specified in the Factors and Guidelines that individuals, members of the faculty would not be expected that their response to the Factors and Guidelines would be to create, to produce, to comply with those Factors. So I find it very difficult to believe that anyone cannot understand that if you don't comply with the Factors you are going to be labelled as being unproductive or ineffective or whatever other terminology one might wish to use, a similar synonym. That's the best I can do, but there is no new Factor. We're not making widgets. Q Has the Executive Committee adopted the concept of productivity? A The Executive Committee has not created a new Factor, and I don't recall that it has ever discussed adopting the concept of productivity, because I think that most faculty members know that 16 (Pages 287 to 290) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 291 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we have to be productive and that the criteria for being productive are the Factors. Q Has the Executive Committee been asked to take action to indicate that grantsmanship is of prime importance if one is going to retain their tenured faculty position? A No one ever said or asked the Executive Committee to say that grantsmanship was the primary--in fact, you can't get a grant without having preliminary data, publications, and a record that allows you to get grants. So no one has ever tried to get the Executive Committee, to my knowledge, to make that a stipulation. MR. GREGORY: Thank you, Doctor. That's all I have. MS. GALANTE: Thank you. (At 10:21 a.m., witness excused) CHAIRPERSON STATHAM: Okay. Step down. Do you want to take a five-minute break? (At 10:21 a.m., recess taken) (At 10:32 a.m., back on the record) CHAIRPERSON STATHAM: Would you like to call your next witness? MS. GALANTE: I would. The administration Page 293 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A We monitor the application process through the individual departments, and we also coordinate the Master's program in the School of Medicine. Do you have supervision over then the teaching of courses in the graduate program? We monitor the teaching of it, but individual departments determine what courses they are going to teach, how frequently they are going to teach, and who the participant in that instructional material is. So Department (A)--my department happens to be Physiology--our offerings are set by the Department of Physiology, but that program has to go through the University's graduate school and has to be certified by the University's Board of Governors. Do you currently hold any other positions at the University? I have a faculty appointment in the Department of Physiology, where I'm a professor, and I'm also the Director of the MD/PhD program for the School of Medicine. And what does that involve, as Director? The MD/PhD program is a specialized track where applicants both apply to a program where they will simultaneously be studying medicine for two years, Page 292 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY Q A Q A Q A calls Dr. Daniel A. Walz. CHAIRPERSON STATHAM: Dr. Walz, would you raise your right hand? Do you swear to tell the truth, the whole truth and nothing but the truth? DR. WALZ: I do. CHAIRPERSON STATHAM: Thank you. Go ahead. DANIEL A. WALZ (At 10:33 a.m., sworn as a witness, testified as follows) DIRECT EXAMINATION MS. GALANTE: Dr. Walz, could you tell this Committee where you are currently employed? Currently employed at the School of Medicine, Wayne State University, as the Associate Dean for Research and Graduate Programs. And how long have you held that position? I have been the Associate Dean for Research and Graduate Programs since the year 2014. And give us a brief idea of your responsibilities as Associate Dean for Research and Graduate Programs. My primary responsibilities are on the Graduate Programs side of the dual appointment, where I oversee the intake of new Ph.D. students. Page 294 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 followed by a four-year cycle into our graduate programs, where they will complete their PhD work. Then they return to the medical program for the final two years of their clinical training. At the end of that eight-year period of time they receive both the medical degree, M.D., and the Ph.D. degree. Q You indicated that you have been a faculty member here at Wayne? A Yes. Q Are you tenured? A Yes, I am. Q And how long have you been a faculty member here at the University? A Q I was appointed to the faculty in 1973. And what other positions have you held at the University in the past, other than your current ones? A Sure. In addition to my holding a position in the Department of Physiology, in 1989 I was asked to join the University's central administration, where I served first as the Associate Vice President for Research, and subsequently served as both the Interim and then the Vice President for Research, as well as the Dean of the graduate school. 17 (Pages 291 to 294) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q When I finished that tour of duty, if I can use that phrase, I re-joined the School of Medicine and was also dually appointed as the Deputy Director of the Environmental Health Sciences Institute for the University. Do you still do research? Yes, I do. I share--I do not have my own laboratory at the present time. I share space with a colleague in the Department of Physiology, where we are studying some basic cell biology of the blood cell called blood platelet. In addition to your administrative responsibilities, do you still teach? Yes. Actually I start a cycle of teaching in the graduate Physiology course in April, where I teach mechanisms of blood coagulation. For 19 years I have been the Co-Director of a spring curriculum that is referred to as "Responsible Conduct in Research," which is a course required of all students who receive stipend or graduate stipend support from the National Institutes of Health. So in your role as the Associate Dean of Research and Graduate Programs, are you aware of whether or not Professor Needleman has taught or does teach in Page 297 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 objection, Mr. Chairman, because it has not been established. This was pre-charges of Dr. Needleman, and if that is not the case, then it's irrelevant. MS. GALANTE: Why is it irrelevant to document what the University's records show in terms of his teaching record? The University, the Dean testified that he relied upon that in summary form. This gives us the documents that support that. MR. GREGORY: Because it-CHAIRPERSON STATHAM: How about--do you have any indication that he checked Dr. Needleman's record prior to March 23RD or 24TH of 2016? Did he know about that? MS. GALANTE: I think he-Q (By Ms. Galante) Have you been aware of or checked Dr. Needleman's record prior to March of 2016? A It's a memory question. Prior to March of 2016. I can't say with certainty that I have or I have not. We look at them. They are in our office. I know we have evaluated the curriculum, not specific instructors, but we have evaluated the curriculum over time as we reorganized and repurposed some of our courses, one of which Richard was teaching. Page 296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the graduate programs? A My awareness of it would be, as it would be for any faculty member, through the syllabus that is offered in a given course, and we receive a summary that is kept in our office of the individual's--what is called a SET score, Student Evaluation of Teaching score for individual courses and instructors in those courses. Q Do you know who Professor Needleman is? A I do. Q Have you had an opportunity to review Professor Needleman's teaching activities in your graduate programs? MR. GREGORY: Objection, no foundation. When was this done? I suspect it was subsequent to the charges and therefore would be irrelevant. CHAIRPERSON STATHAM: Okay. Would you rephrase your question? Q (By Ms. Galante) Do you have any knowledge of what Professor Needleman's teaching activities have been in the graduate program-CHAIRPERSON STATHAM: In when? Q (By Ms. Galante) Over the last five years or so? CHAIRPERSON STATHAM: Okay. MR. GREGORY: Well, still the same Page 298 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And when you say "Richard," you are referring to Dr. Needleman? A Dr. Needleman, excuse me. Q Okay. MR. GREGORY: Mr. Chairman, this is so important that I am confident it's after-acquired evidence, and one of the elements, as you know, of adequate cause is adequacy of investigation. We have asserted in our Answer and the evidence will show that the investigation was inadequate, flawed, and this is bootstrapping, pure and simple, to call in people to say, "Oh, yeah. He didn't meet productivity standards," when it's not evidence that was before the Dean or relied upon by the Dean. Thus there is no foundation for this witness's testimony. CHAIRPERSON STATHAM: I'm going to sustain that, because I think that-MS. GALANTE: Well, can I respond to that? CHAIRPERSON STATHAM: Yeah. MS. GALANTE: All of this information is in summary form in the Selective Salary documentation that the Dean has relied upon and that Dr. Delaney-Black has testified to. 18 (Pages 295 to 298) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 299 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 This is not evidence that we are creating after the fact. The SET scores for his teaching have been established at the end of each of the courses that he taught. This is evidence that is in his files, that is in the department records and that was part of the Selective Salary evaluation. He was judged by the committees, year after year after year, on his teaching. Those scores show how he was judged. This is the documentation that supports that. It's not newly-created evidence. It's evidence that existed all along. MR. GREGORY: Not through this witness. She has not established the fundamental fact that he was consulted, that he was involved in any respect with the charges against Dr. Needleman. MS. GALANTE: But why do we have to establish that he was consulted? The Dean testified about all the people that were invited in, all the records that were pulled. They then summarized those records and came up with the chart that is listed in Exhibit 8 and the records that are listed in Exhibit 9. So that is all the summary of what his teaching has Page 301 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Those took into consideration his teaching record and how he was viewed. CHAIRPERSON STATHAM: Okay. MS. GALANTE: And he can tell us what courses that Professor Needleman taught and what years he taught them. That is the kind of detail that isn't in the summary. The summary is the compilation of all of that. This is the detail of what that is. MR. GREGORY: Well, and it's obviously not material that was considered by the Dean. The Dean has testified. Dr. Delaney-Black has testified. You have the evidence, and again, this is pure bootstrapping. CHAIRPERSON STATHAM: I think he has a point, Counselor. If we are talking about anything that was discovered after the discipline was rendered, was instituted, it was after-acquired evidence. MS. GALANTE: But it--make that statement again. I was listening to what you said, that if this was what? CHAIRPERSON STATHAM: Well, I think Mr. Gregory has a point. If he is testifying about something discovered after the discipline was Page 300 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 been. CHAIRPERSON STATHAM: Okay, and what is the purpose of this witness now? MS. GALANTE: To inform the Committee of what his SET scores have been that justified the teaching scores that he has gotten. CHAIRPERSON STATHAM: Okay. I will allow it. MR. GREGORY: It's in evidence, and he wasn't involved. This is all after the fact. He had nothing to do with the charges. I'm assuming that because he hasn't been asked that question. MS. GALANTE: Whether he has been involved--no, he has not been involved in the Dean's process, but the Dean relied upon records that are contained in his department. CHAIRPERSON STATHAM: And he is testifying as to the records that the Dean relied on. MS. GALANTE: He is testifying on the records that--I mean, I can't tell you that the Dean actually looked at the SET scores, because that is not something that he would--I mean, if he had to do that, he would never have time for anything, but he relied upon the summaries and the Selective Salary scores. Page 302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rendered, it's not what the Dean relied on when he disciplined. MS. GALANTE: Well, it's-CHAIRPERSON STATHAM: It says something that came after. MS. GALANTE: Okay. It's not evidence that was discovered afterwards. Dr. Delaney-Black testified that she reviewed his entire department file, personnel file, his department records which contain all of this information. MR. GREGORY: That's the end of it. You have it. MS. GALANTE: So am I allowed to proceed? CHAIRPERSON STATHAM: If you're testifying about something that happened prior to his discipline, yeah. MS. GALANTE: Okay. Yeah, we are covering--all of this covers prior to. So let's go back then--I lost track of where I was. Q (By Ms. Galante) Can you tell the Panel what courses Professor Needleman has taught prior to today--so in other words, prior to March of 2016, what his historical record of teaching has been over, say, the last four or five years? A It has been in the--there are several courses that 19 (Pages 299 to 302) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 303 Dr. Needleman has been engaged in from our records. The main one from my point of view is the fundamental course in Biochemistry that is available to all graduate students. Biochemistry is BMB 7010. That course there is--we offer courses in two different structures. We admit doctoral students, Ph.D. students, into an integrated Biomedical Sciences curriculum. That is called the IBS Curriculum. Prior to two years ago that curriculum had two phases to it, the first phase being Cell Biology, and the second phase being Biochemistry. Two years ago that was collapsed into a unified course and rearranged, and the curriculum draws from all seven of our Basic Science departments. In parallel, there each department-Biochemistry and Molecular Biology being one, Physiology being another as an example, they each offer their own doctoral program, starting with a foundational course, and in this case that would have been BMB 7010. Dr. Needleman has been an instructor in that BMB 7010, I believe our records show since 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 305 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A THE WITNESS: Six hours total. CHAIRPERSON STATHAM: Total in the year, student contact? THE WITNESS: In the semester, yes. (By Ms. Galante) And that is only offered once a year? It's offered in the fall semester. Fall semester, so that is a total of six contact hours for the year? For the semester. For that course. For that semester, but it is only offered once? Yes. Are you aware of whether or not--so would the lectures that Professor Needleman teaches, these six one-hour lectures, are they the same year after year since he has been teaching it? I think by topic, by heading they are. Content-wise it can vary from year to year as new discoveries are made and lectures are altered and changed over the course of one year, compared to the next and compared to the next. And so it would be up to the individual faculty member to update those materials? Correct. Page 304 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 annually. That course is offered annually during the fall semester. It is a required course for all doctoral students in Biochemistry, and it is open to any other doctoral program student in the School of Medicine. Q And I think you described basically what that was. So is this course individually taught by Dr. Needleman? A No, it is not. The BMB 7010 course consists of at least four instructors from the Department of Biochemistry, one of whom is Dr. Needleman. Q That is the total in terms of instructors for the course? They are all from Biochemistry? A They are all from Biochemistry. Q Do you know, do you have any firsthand knowledge of how many--so different faculty give different lectures in terms of that course. Do you know how many lectures he gives in that course? A Our records indicate that Dr. Needleman presents six--has been presenting six credit hours--six contact hours, excuse me--six contact hours each year in Biochemistry 7010. CHAIRPERSON STATHAM: Is that six hours a week or-- Page 306 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And do you know whether or not Professor Needleman for this course has listed any preparation hours? A For the records that I have available, there is no indication of preparation hours, preparation time. There is no number of hours listed. Q Okay. So he hasn't listed--generally when you are updating your course materials, would that be considered preparation time? A Q Yes. And you said this would have been done in the fall, this course, the fall semester? A Q Yes. Can you tell us--so these are all Biochemistry professors, but this particular course, can you tell us how Professor Needleman's load for this course is compared to the other faculty members? A The course has a total of 48 contact hours, credit hours--contact hours through the semester, and Dr. Needleman has responsibility for six of them. Q And have you had an opportunity to check--well, let's explain for the Panel what SET scores are, because that was mentioned. A Sure. SET scores are--the acronym is Student Evaluation of Teaching. The University mandates that all courses have the opportunity for students 20 (Pages 303 to 306) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 307 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 who are the recipients of the information, the opportunity to evaluate both the content of the material being provided, as well as the individual instructors and how the students would rate that instructor on each year. Q And have you pulled the SET scores for Professor Needleman for the years, 2011 to 2015? A Q We have, yes. One other preliminary question. When you talk about the ratings in SET scores, can you tell us what the range of ratings are and what they mean? A Yeah. This is very uniform across the University. They range from a SET score of 1 to 5, 5 being excellent and going down to 1 being poor. So it's a 1, 2, 3, 4 or 5 issued by each individual student who is responding--who has completed a SET score request. MR. GREGORY: Well, objection. I don't recall anything in the charges or Dean's testimony about the SET scores or reliance, so this is all new material. MS. GALANTE: Well, there wasn't any. I mean, he didn't get down to that much specifics, but both he and Dr. Delaney-Black testified that they relied upon his Selective Salary Reviews for the Page 309 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A records? Into our office. It comes in to one of our staff people, and I obtained it from her. And have you had a chance to review this? Yes, I have. And it covers specifically Professor Needleman's SET scores for fall of 2011 through fall of 2015 for BMB 7010. Am I correct? Correct. And could you interpret this for us and tell us what the scores are, or represent? Well, I'll start with the-MR. GREGORY: Objection to reading from it until it is offered and received. MS. GALANTE: Oh, I'm sorry. You're correct. CHAIRPERSON STATHAM: It's in. MS. GALANTE: Yeah. I thought he had said that it was admitted. MR. GREGORY: Did you say it was admitted? CHAIRPERSON STATHAM: I admitted it. MR. GREGORY: Oh, I didn't hear that. Beg your pardon. THE WITNESS: I will look just at the top page, which is the fall of 2015. The subsequent Page 308 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 last four or five years, all of which evaluate teaching. One of the factors in evaluating teaching is how that faculty member is perceived by the students that they teach. CHAIRPERSON STATHAM: I will allow it and overrule Mr. Gregory, but I should say that one thing--it may be a business document, but it is certainly hearsay. He can't cross-examine the students, and we don't know who the students were, but I will take it for what it's worth. MS. GALANTE: Okay. This would be the administration's Exhibit 16. (At 10:54 a.m., Employer's Exhibit 16 marked and received) CHAIRPERSON STATHAM: And it relates to teaching, which is one of the accusations-MS. GALANTE: It relates to the teaching of this particular course. Q (By Ms. Galante) So have you had an opportunity to review this Employer's Exhibit 16, Dr. Walz? A I have. Q And so you would have been the one that obtained this information from the University's business Page 310 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A ones, the format is exactly the same. The scoring numbers you can find on the summary sheets. Starting at the very top you will see that on the top right-hand corner it says how many students responded. In this particular year 16 students completed their SET score evaluation out of the 69 students involved in the course. CHAIRPERSON STATHAM: And this is the team taught class we're talking about? THE WITNESS: This is the team taught class, and there is a summary for every instructor, for each one. This happens to be Dr. Needleman's. CHAIRPERSON STATHAM: Oh, these are graded--okay. Yeah. I see it. (By Ms. Galante) So just to clarify, based on your question, this is an evaluation only of Professor Needleman's performance? Correct. His six lectures? Correct. CHAIRPERSON STATHAM: Yeah. It's clear. THE WITNESS: So on the first box that you see at the top it says, "Summary of the Overall Course Evaluation." The students have rated the overall course as 3, which would put it right in the 21 (Pages 307 to 310) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 311 middle of "Good," using the vocabulary of the scoring system. "How much did you learn from this course?" It was 3.6, so it would be somewhere between "Good" and "Very Good," and the next line down was the individual instructor evaluation. This particular year Dr. Needleman was evaluated as a 2.9, which put him on the edge of being evaluated as "Good," his overall teaching. If you want to go down further, you can find the same box for 2014, which is about three or four--three pages--I think it's three pages, fourth page down, and 2014, 53 of the 78 students enrolled in that year, a much bigger sample size. The students overall rated the course 4 as compared to 3 the prior year, and Dr. Needleman was evaluated as a 4.1, which would put him between "Very Good" and "Excellent" in 2014. If you go down three more pages to 2013, now we have a similar large statistical sample, 54 of 77. The students were equally or almost equally favorable to the course as a whole, 3.8. Dr. Needleman was evaluated a 2.8 that particular year, so we're looking at an individual year compared to the next. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 313 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Q A Q A Q A Q A continue to seek out, based on these scores-MR. GREGORY: Objection. (By Ms. Galante) For teaching this course? MR. GREGORY: It has now been stated several times. He was not involved. This is opinion that was not relied upon by the Dean. (By Ms. Galante) Let's move on to the next course that he has taught, BMB 7030. Is that correct, or is that the one that we just talked about? 7030? 7030. Correct. 7030 is basically a techniques course, introducing graduate students to techniques that might be of value to them as they proceed in their doctoral training, covering the fundamentals of the how to and why in biotechnology. CHAIRPERSON STATHAM: Again, what is the number of this course? THE WITNESS: 7030. BMB 7030. (By Ms. Galante) And is this also a team taught course? I believe that it is. And did you pull Dr. Needleman's SET scores for this course? We did. Page 312 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Q A Q A Q I think if you look at all of them on average, you would see that Dr. Needleman averages out to just slightly above 3.0, "Good," to put a vocabulary word on it. (By Ms. Galante) And in your opinion when you look at these SET scores, what does this tell you? This is-MR. GREGORY: Well, objection. He was not involved. CHAIRPERSON STATHAM: Sustained. MR. GREGORY: His opinion now is-MS. GALANTE: But he evaluates-CHAIRPERSON STATHAM: I think the documents speak for themselves. MR. GREGORY: Yeah. CHAIRPERSON STATHAM: He testified it was 1 in 5, 1 being bad, 5 being good, and these documents, all in there, plus the student comments. (By Ms. Galante) So this is an instructor that is very experienced? Correct. Teaching material that he has taught for many years. Is that correct? Correct. And is this the type of instructor that you would Page 314 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A MS. GALANTE: This would be our proposed Exhibit 17. (At 11:01 a.m., Employer's Exhibit 17 marked) (By Ms. Galante) Well, what do your records show in terms of Professor Needleman's contact hours for this team taught course, 7030? I believe this one also had contact hours totaling six. MR. GREGORY: Could we get copies, Counsel? MS. GALANTE: Of what? Oh, no. That was the wrong one. I'm just asking him questions about it still. MR. GREGORY: About what? MS. GALANTE: About what his knowledge of in terms of the contact hours, how much did Professor Needleman teach in BMB 7030. I haven't asked about SET scores yet. THE WITNESS: Contact hours, I believe, were six contact hours in this course as well. (By Ms. Galante) Do you know how many years he taught this course? I don't recall. It's a number of years, but I can't give you the range or time on that. 22 (Pages 311 to 314) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 315 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And do you have SET scores on this course? A There are SET scores on this course as well. I believe Dr. Needleman's SET score ranged between 2.4 and 2.8. Q So did Professor Needleman teach any of the IBS courses? A He did teach in the IBS curriculum when we had two separate sections, when we had the Cell Biology section and the Biochemistry section. He was an instructor in the Biochemistry component of that course. Q Do you know what years he taught IBS 7010? A 7010 and 7020, I believe, and I think the years were up to 2014. That's when we reorganized the course. Q Does he still currently teach any portion of the IBS course? A Not when it was reorganized into a common course where both Biochemistry and Cell Biology were combined into a single offering. Dr. Needleman does not teach in that course. Q Do you know why he no longer teaches in that course? A Well, it was at the direction of the course coordinators, who at the time were Dr. Trulecki (phonetic), who has left the University, and Dr. Finley (phonetic), who is currently the course Page 317 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GREGORY: Voir dire? CHAIRPERSON STATHAM: Yeah. MR. GREGORY: Doctor, when did you extract proposed Exhibit 17 and 16 from your files? THE WITNESS: Probably--as you have them in your hands now? MR. GREGORY: Yeah. Two weeks ago? THE WITNESS: Oh, several months ago. MR. GREGORY: Several months ago at the request of Ms. Galante, I would assume. THE WITNESS: Correct. MR. GREGORY: Were they previously given to Dean Sobel? THE WITNESS: I do not know. MR. GREGORY: You did not personally? THE WITNESS: I did not, no. MR. GREGORY: But you did not personally give them to him? THE WITNESS: No, I did not. MR. GREGORY: Did you give them to Dr. Delaney-Black? THE WITNESS: No, I did not. MR. GREGORY: Were you consulted by Dean Sobel regarding the SET scores? THE WITNESS: No, I was not. Page 316 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q Q A Q director. It was their decision, I'm told. MR. GREGORY: Objection, hearsay. CHAIRPERSON STATHAM: Sustained. (By Ms. Galante) Do you have any firsthand knowledge of why Professor Needleman is no longer teaching this course? No, I do not. I have comments from those who coordinated the course, but that would be my personal knowledge. Do you know whether it was Professor Needleman's choice to no longer teach it, or the course Director's? MR. GREGORY: Objection. She is leading. MS. GALANTE: I'm asking him if he-MR. GREGORY: He said he did not know. CHAIRPERSON STATHAM: Sustained. (By Ms. Galante) Do you have the SET scores for this course? We do. And is this the document--take a look at this. This would be the Employer's Exhibit 17. CHAIRPERSON STATHAM: This was your proposed Exhibit 17? MS. GALANTE: 17, yes. CHAIRPERSON STATHAM: Mr. Gregory? Page 318 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GREGORY: Were you consulted by Dr. Delaney-Black? THE WITNESS: No. MR. GREGORY: Were you consulted by anyone regarding Dr. Needleman's SET scores? THE WITNESS: By Dr. Trulecki as we were reviewing the reorganization of the course. MR. GREGORY: But that is the only other occasion? THE WITNESS: Correct. MR. GREGORY: Again, Mr. Chair, it's irrelevant. It's after-acquired. I would note that it is not on the dossier, Employer Exhibit No. 8. It has everything else practically. If the SET scores had been considered, I'm certain it would have appeared on this document, and it doesn't. So now again I use the term, bootstrapping, and that is exactly what it is. CHAIRPERSON STATHAM: I'm going to admit the SET scores as they relate to the accusations of teaching that led to discipline in your evidence. By the same token, as I said before, I think SET scores may be a business document, but they are certainly hearsay, because I don't know how you examine the students or identify the students. 23 (Pages 315 to 318) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 319 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. GALANTE: I understand. CHAIRPERSON STATHAM: Who filled these out. Q A Q A Q A Q A MS. GALANTE: So Employer's Exhibit 17-CHAIRPERSON STATHAM: Is admitted. MS. GALANTE: Is admitted, and it speaks for itself. (At 11:08 a.m., Employer's Exhibit 17 received) (By Ms. Galante) Dr. Walz, are you aware of any other courses that Professor Needleman has taught in the last five years in the graduate program? I believe in the Department of Biochemistry there is an additional course that is referred to as BMB 7330. And what is your knowledge of his teaching in that course? Similar to my knowledge based on others, which is the enrollment numbers and the Student Evaluation of Teaching at the end of the course. Do you know what years he taught that course? I believe it was first offered in 2014, although I'm not positive that is the starting year, and 2015. And the only SET scores you pulled were for 2016? Yes. Page 321 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and let her ask the question, how many hours, contact hours was he teaching, based on your records, prior to the discipline. MS. GALANTE: Okay, and that is the question. Q (By Ms. Galante) How many hours, based upon the records that you pulled, was he teaching per year prior to March of 2016? You can look at that. MS. GALANTE: I'm not going to offer this unless Counsel would like it, but I have redacted names of everybody else, but it gives him an opportunity to refresh his recollection. THE WITNESS: The total on the form in my hands right now is 15. 15 contact hours. CHAIRPERSON STATHAM: 15 total contact hours in a year? Correct? MS. GALANTE: For teaching. CHAIRPERSON STATHAM: Not per semester or anything else? THE WITNESS: No. CHAIRPERSON STATHAM: Total in a year? THE WITNESS: Per year. Q (By Ms. Galante) And does he list any preparation hours? A No, he does not. Page 320 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q Which would have ended at what point? 2016, the academic year would have ended in late April, early May of 2016. MS. GALANTE: So given the Arbitrator's ruling, I won't offer these for admission, because they are technically during that same time period, but I will just withdraw that. (By Ms. Galante) Did you have an opportunity to review the department--so as you were pulling all of this information, the department records would show who teaches what and what they revealed to the department in terms of their contact hours and preparation hours? Is that-Yes. Okay, and so that's where you would have gotten the information, directly from what Professor Needleman submits to the department? That is correct. In terms of his contact hours, and to your knowledge then, has he ever listed anything more than this 12 to 15 contact hours a year for teaching? MR. GREGORY: Objection, leading, and again, after acquired. Clearly this is evidence that was not submitted and considered by the Dean. CHAIRPERSON STATHAM: I'll overrule you Page 322 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. GALANTE: I have no more questions. Oh. I have one more question. Q (By Ms. Galante) In one of your roles--I'm not sure which one it was--did you ever have an opportunity to implement moving Professor Needleman's lab space from Scott Hall to the Lande Building? A Yes, I did. Q And when would that have occurred? A I believe it was in the year 2008 and 2009, in that window of time. Q And who made that request to you? A Dr. Rosen. Q Dr. Rosen? A Dr. Rosen made the request. It went to the Dean's office and it came to me via Dr. Mentzer, who was Dean at the time. Q So you would have taken your direction from the Dean? A Q Correct. You would have had to have the Dean's approval to make that change? A Q Correct. Is that something in your role at that time that you would have done with faculty? A Yes. At that time we did not have the 24 (Pages 319 to 322) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 323 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A BY administrative structure we have in place today, so we did not have a Vice Dean for Research in the School of Medicine. Okay. So in my capacity as the Associate Dean for Research, I had to intercede when departments requested additional space for new faculty recruitment or reassignment of space inside of the inventory they managed. Do you have any firsthand knowledge as to why this change was being made? The Department of Biochemistry was in the process of hiring a new faculty member, Dr. Li, L-I, and Dr. Rosen specifically requested that the laboratory space Dr. Needleman had assigned to him be in turn assigned to the recruitment of Professor Li, Dr. Li. And is that something that is typically done for a new faculty member that is brought in as a researcher, that they are given laboratory space? Yes, it is. MS. GALANTE: I have no more questions. CHAIRPERSON STATHAM: Mr. Gregory? MR. GREGORY: Yes. CROSS-EXAMINATION MR. GREGORY: Page 325 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A graduate education is separate from medical school, medical student education. We're talking specifically about graduate student education. What option, if any, does the faculty have to decline to teach a course? I think if the area subject matter were clearly outside of their area of expertise or training they would have the prerogative of saying perhaps there is a better individual, but they would also be told that there is a shared responsibility for making sure that our curriculum is covered. Let me understand the preparatory hours you spoke to. Yes. Is that a requirement to be recorded? Recorded? Requirement? Yeah. You were referring to some document. Yes. And you said that prep time did not show, and I'm just asking what the practice is or the requirement. It's self-reported. So it can be--so we can typically account for when an individual is being asked to take on new teaching material it requires a significantly greater amount of preparation time, Page 324 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A How are courses assigned in Dr. Needleman's department? Within every department there are structures in place for what courses are being proposed and created. Within the department it is generally the course coordinator who makes up the syllabus and assigns curriculum. He has to make sure that individual faculty members are going to be available during that particular period of time. They may be on sabbatical. They may be absent from the University, so it has to be balanced out. Generally it is done on an annual basis. Is the course coordinator a separate position from the chair? Yes. What is the chair's role, if any, in assigning classes? The chair's role generally is making sure that there is a balance of instructional offerings throughout the respective department. It depends a little bit on the individual chairs. Some chairs are more engaged in the teaching activity. Some chairs are more engaged in the research, so it's a balancing point, and Page 326 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q but every year--I can only use myself as an example in the question you're asking. Every year as I am preparing to repeat my lectures, I spend approximately an hour to an hour and a half of time for each one of my contact hours, refreshing my material, making sure that it's contemporary and ready to be delivered. What significance if any does it have for this Committee? Are you saying he didn't prepare? I have no idea if he prepared. All I can say is he reported no preparation time. Was he disciplined or admonished about that? Don't know. Did you review the SET scores as they come in? Do I typically review the SET scores? Yes. I want to understand your question. No, I do not. You do not. Does anyone else that you know? Certainly at the departmental level they do. When SET scores are released, they come back to the course coordinator, and whoever that individual is then breaks them down and shares them with the individual lecturers. Could Dr. Needleman have taught courses that you would not have a record of or access to a record of? 25 (Pages 323 to 326) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A BY Q A If he is an instructor of record, no. We would have that record. So the record is clear, Doctor--bear with me. You answered this in part, but as I understand, you had no conversations with Dean Sobel about the SET scores prior to August 5 of 2016? That is correct. Or even to-date? Correct. To-date, all right, and the same question as to Dr. Delaney-Black. No conversation with her? Also correct. What you have done here today was prepare these documents at Ms. Galante's request and testify? Correct. MR. GREGORY: All right. Nothing further. Thank you, Doctor. MS. GALANTE: I just want to--just redirect. REDIRECT EXAMINATION MS. GALANTE: These are not--these records have been in existence at the time they were created. Is that correct? They were not created for me. They are University records that are compiled annually and put into our Page 329 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 if he is willing to stipulate that the Arbitrator ruled that an Article XXIV proceeding was not mandatory or necessary in order for the University to implement a Board of Governors dismissal proceeding under this statute. Are we stipulating to that? MR. GREGORY: We will so stipulate, but I think we made it clear yesterday. To phrase another way, the use of Article XXIV is not a condition precedent to a Board of Governors statute dismissal proceeding. MS. GALANTE: And that was the Arbitrator's ruling. At this time the administration rests in terms of its case, but I would like to reserve the right for rebuttal. CHAIRPERSON STATHAM: Okay. Do you want to proceed, Mr. Gregory, with your opening statement, or would you rather break for lunch and then do it? MR. GREGORY: Well, I would like about ten or fifteen minutes with my client. CHAIRPERSON STATHAM: That's fine. MR. GREGORY: For discussion. (At 11:20 a.m., recess taken) (At 12:27 p.m., back on the record) Page 328 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 office records, as well as the departmental records. Did you ever personally receive any complaints about Professor Needleman's teaching? A We have had--personally to me by a student, no, but I had to interact with Dr. Trulecki in my capacity as Associate Dean--he was the Assistant Dean--in how to manage the complaints that Dr. Trulecki was receiving as one of the course coordinators. Q About Professor Needleman? MR. GREGORY: Objection, hearsay. Move to strike. CHAIRPERSON STATHAM: Sustained. MS. GALANTE: I have no more questions. Thank you, Dr. Walz. THE WITNESS: Thank you. CHAIRPERSON STATHAM: All right. Step down. (At 11:18 a.m., witness excused) MS. GALANTE: I have one more thing. We had talked about the Article XXIV and Lee Hornberger's decision on this matter, and I think my understanding is a little bit different of Gordon's, and I just want to make sure that the record is clear. I don't think I have to admit the Opinion Q Page 330 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRPERSON STATHAM: Ready to go back on the record, and we'll start with your motion, Counselor? MR. GREGORY: Yes. May it please the Committee and you, Mr. Chairman, during the recess we distributed a document entitled, "Respondent's Motion to Dismiss the Charges." It should be considered frankly in conjunction with the Answer and Rebuttal of Charges that we filed yesterday at the outset of the hearing. I submit that if the Committee goes into Executive Session and examines the motion, the Answer and Rebuttal and the exhibits to-date, it will be clear that the Employer has not established a prima facie case, that they have not by preponderance of evidence shown a violation of the specific charge of failure to complete an academic assignment competently. Thus it is very appropriate that a Motion to Dismiss be granted at this time, and that recommendation in turn go to the President of the University. CHAIRPERSON STATHAM: All right. We will take that motion under advisement. 26 (Pages 327 to 330) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. GALANTE: Do you want me to respond at this point? CHAIRPERSON STATHAM: If you would like, yeah. MS. GALANTE: I would like to at least address some of the information in here. I haven't had an opportunity to do a very thorough--because I just saw this on my desk when I got back from lunch. The same thing with the Response that Mr. Gregory submitted to everyone, which is not part of the procedure in something like this. I read that last night. It was probably 9:00, 10:00 o'clock at night when I finally got to it, and it's just full of all kinds of undocumented hearsay, and pretty outrageous in that regard in terms of the statements that are made in there that are totally unsupported. Most of the statements here are also unsupported speculation. They are now claiming discrimination, that people with lesser job performance were treated differently. He has submitted--there is no evidence of that, but getting to the actual nitty gritty of it, the statute itself, the Board of Governors' statute has no provision for granting the motion to dismiss Page 333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 heavy burden. We just have to show a little bit more evidence in our favor on the subject of whether or not the charge has been sustained. The statutes when they're written, whether they are written by the Michigan legislature, the U.S. Senate, the Board of Governors here, they are generally written in broad terms, in language that can cover a variety of circumstances. In this case they gave three different reasons for just adequate cause, and one of them is this failure to complete academic assignment-perform competently. You have heard a lot of testimony here about academic assignments and what that means. This is a highly skilled profession, highly educated people who have the academic freedom to decide for themselves how they are going to teach, what research they are going to do, what their topic of research is going to do. This administration cannot invade that province, but they made it clear, everybody's expectations. The initial offer letter that Professor Needleman received that I was going to use on cross-examination of him tells him you have to do teaching, research, service. Page 332 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a case. It basically says that this Committee should be proceeding by a stenographer, and this Committee is supposed to consider this matter in an Executive Session and prepare a report for the President as expeditiously as possible. It should include specific and clear-cut findings on all the factual issues, using the standard of the preponderance of the evidence. I'd like to--and the contract itself between the parties acknowledges--so the Union acknowledges the validity of this statute under Article VII: "Continuation of past policies, except as modified by this agreement, the following actions formally approved by the Board of Governors shall remain unchanged for the members of the bargaining unit." One of those is Statute 2.51.01, which we are relying upon here. Preponderance of the evidence, as I stated in my opening statement, this is not a criminal matter that requires beyond a reasonable doubt. Preponderance of the evidence is not a Page 334 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Every faculty member has to do that. Maybe in the clinical setting it's a little bit different, but they're seeing patients. Those are the academic assignments that professionals in academia perform. In fact, the 1966 AAUP statement on Professional Ethics states: "As members of an academic institution, professors seek above all to be effective teachers and scholars." There is a lot of self-motivation, and there is a lot of room--so this isn't an hourly job. This isn't my administrative assistant who I'm directing and saying, "I want you to do this first, and then I want you to do that. I need this today. That can wait until tomorrow." This is not that kind of profession, so there is not specific assignments given to faculty members, "Today you're going to do this. Tomorrow you do something else," which is how the Union is trying to characterize this procedure. This statute should be interpreted broadly. A couple of more things I wanted to mention. Competence, the term "competence" used in the statute which the Union has acknowledged or 27 (Pages 331 to 334) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 335 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 whether you use the term "effectiveness," or "excellence," excellence is the standard used in all of the School of Medicine Factors. To be excellent, you would have to be competent. You would have to be more than competent, so competence is almost like the basic level of performance. In all of these, whether or not somebody is performing competently or effectively or excellently, these are all subjects of the Selective Salary Review process that is done on a yearly basis and is dictated by the contract. These are peer evaluations. You heard the testimony in that regard. So I think given all of that, to say that we have not met our prima facie case of establishing this is simply untrue, and so I ask that the motion be denied. CHAIRPERSON STATHAM: Okay. Mr. Gregory, any response? MR. GREGORY: Please. There is no peer evaluation. That's part of the problem. This was peremptory. It was driven by budget considerations, and there is insufficient evidence that Dr. Needleman did not perform, given the status he Page 337 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 meaning the Dean of the School of Medicine-"...I am convinced that reasonable grounds exist for initiating dismissal proceedings." He then cites the statute and informs Professor Needleman that he has a right under this statute to what--this peer review. This Hearing Panel is now reviewing this evidence. That is what is provided for in the statute. So to say there is no peer review, you have to as peers, as academics, look at this evidence and evaluate it, and that takes careful consideration. According to the statute, as I just said, you have to look at the evidence, and you have to make specific factual findings and then make your recommendation to the President, but this statute says the Board of Governors has the ultimate decision here. It goes to the President with the recommendation from this Committee, and then the President takes it to the Board of Governors. So given all of that, I don't see how you can say that there is no peer review involved. CHAIRPERSON STATHAM: Okay. At this time Page 336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 enjoyed with respect to any requirements of unit Factors. The Board of Governors statute does not prohibit a Motion to Dismiss, or for summary judgment. There is precedent. There was one case that preceded this, and a Motion to Dismiss was granted at the conclusion of the Employer's case, and that is what we seek here. We ask that the Committee consider it now in Executive Session and grant our motion. MS. GALANTE: May I just briefly address his issue of peer review? The Dean and all of the people that he consulted with, all the chairs, Dr. Delaney-Black, the Vice President of Research, all the people that we heard were involved in the initial process, they were evaluating his academic record as judged by his peers on a yearly basis. Okay? So to say there was no peer review here is simply not true, but most importantly, I think, once under the statute if the President agrees with the recommendation of the Dean, which he did, he not only just agreed with it. He did his own evaluation and said: "Upon careful review of his recommendation..."-- Page 338 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we will take the Committee, and we will step out and go into Executive Session briefly. MS. GALANTE: Okay, or do you want us to leave? Because I don't know where else you can go. We'll step out. CHAIRPERSON STATHAM: All right. (At 12:43 p.m., recess taken) (At 1:16 p.m., back on the record) CHAIRPERSON STATHAM: We will go back on the record. Mr. Gregory, you asked the Committee to consider your Motion to Dismiss in Executive Session. We have done that, and we are--we have agreed that we will take your motion under advisement and not rule on it at this time, and we would like you to proceed with your case. MR. GREGORY: All right. Thank you, Mr. Chairman, and members of the Committee as well, for your kind attention to our motion. Our first--I'm going to waive an opening and refer you to my Answer and Rebuttal of the charges, particularly since we are trying very hard to conclude this proceeding. Our first witness is Dr. Parrish. CHAIRPERSON STATHAM: Doctor, could you 28 (Pages 335 to 338) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY Q A Q A Q A Q A Q A Q A Q A Q A raise your right hand? Do you swear to tell the truth, the whole truth and nothing but the truth? DR. PARRISH: I do. CHARLES JAMES PARRISH (At 1:17 p.m., sworn as a witness, testified as follows) DIRECT EXAMINATION MR. GREGORY: Please state your full name for the record. Charles James Parrish. And what is your position at Wayne State University? I'm Professor of Political Science and President of the Wayne State AAUP-AFT, Local 6075. And what department are you in at the University? Political Science. And are you tenured, of course? Yes. How long have you been on the faculty? Since 1971. I trump Dan Walz. What is your current position in the AAUP-AFT? I'm President of the Union. How long have you held that position? Oh, on and off for 15 years. And what prior positions have you held? I was chair of the Political Science Department from Page 341 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q Is the Union-I'm also Vice President of the Michigan AFT. Is the Union committed to providing representation to those faculty of the School of Medicine who were alleged to be unproductive and received notices to that effect? Yes. They are members, and they get representation. We guarantee their right to due process. What has been your involvement in the process? Among the 43 or so people who have received letters basically threatening, saying that if they didn't basically pull up their socks, they would-MS. GALANTE: I object to the characterization. THE WITNESS: Sorry. MS. GALANTE: There is no foundation for that. THE WITNESS: But they were in the course of that, that they said that the proceedings could lead to termination in that letter. (By Mr. Gregory) Do you know who was responsible for the process that was invoked in March of 2016, and particularly due to the fact that for many years the School of Medicine had been told to take action to correct alleged underperformance? Page 340 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q A 1971 to 1976. I was Director of the Institute of Gerontology from--also from 1972 to 1985. Have you been a member of the Union's negotiating committees? On various of them, yes, a number of them. How many times? Oh, beginning in 1986, I was on almost all of them, lacking perhaps two. I think one. So I have been involved in negotiations since then. Do you hold any positions in the Michigan Conference AAUP? I'm President of the Michigan Conference. For how long? Oh, I've been President for--again, on and off, because there are term-limited and so on, on and off since the early 1990s. Do you hold or have you held positions in the national AAUP? I have been a member of the National Council for over a decade. Are you currently holding any position in the National? Not in the National AAUP, although in the AFT I am a member of the Higher Education Policy Committee of the National AFT. Page 342 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Well, it's a complicated story, but it began back in the period when Parisi was--Valerie Parisi was Dean. I know that she went to the Board of Governors and in the course of conversation complained about her faculty, that there were people who were collecting a salary and living elsewhere and so on. The Board then ordered a review by the internal auditor. That review has, I think, already been referred to here, to see--and they looked at around 50 faculty members and decided that there were some that were not perhaps doing well, but most of them were doing fine in terms of their--I think they termed them as being active. It was something that was in response to the Board's deep concern about the status of the faculty at the School of Medicine. Q What action if any was taken at that time? A None so far as I can tell, that--so far as I can tell. The person, I think, by rumor but I don't know if it's true-MS. GALANTE: Well, I'm going to object if it's hearsay. THE WITNESS: Okay, fine. CHAIRPERSON STATHAM: Sustained. THE WITNESS: That's fine, but I think 29 (Pages 339 to 342) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 343 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there were some effects in the faculty, but there was no--to my knowledge there was no systematic attempt to bring the faculty up to a different standard of productivity or anything of that sort, or performance. After Roy Wilson was hired as President-he was a former Dean of a medical school and former President of the University of Colorado Denver--he initiated changes in the Medical School which involved the appointment of a different Dean, appointing Jack Sobel. He also hired several people externally, David Hefner, his Vice President for Health Affairs. Dwight Munson was brought on as his assistant, and eventually Lisa Keane was brought on as the head of the faculty practice plan, the University Physicians Group. From that time forward there was a tremendous pressure on the Medical School faculty in terms of the pressure to increase the productivity in terms of grants that was cited in my many meetings with the-Well, as part of this process, some 40 to 43 faculty members were sent letters saying that they were--that they should have some kinds of Page 345 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: That's right. CHAIRPERSON STATHAM: Testifying as to the goals of the Medical School on the basis that he can't speak for the Medical School. You can testify, Mr. Parrish, to what somebody told you, what you heard. THE WITNESS: I can testify--I can certainly testify to many of the things that I heard in these meetings with the faculty and with their administrators. I can give you examples of meetings in which Dr. Delaney-Black was present in which people were admonished, that they should submit grants to places that have high overhead, that we have a-I can give you a specific example. I was asked to sit, asked to represent a faculty member in Oncology, and we met with the chair of Oncology, and he was-This particular faculty member was presented with the results of what Dr. Delaney-Black said she had basically produced based upon the annual salary estimations in the Department of Oncology. As a result of this, this was a faculty member who was tenured in 2014 and was being put on Page 344 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 expectations for improved productivity or they were subject to possible termination. I sat in on many of their interactions to represent them, in many of their interactions with the administration as this went forward. I would--my estimate, my judgment is that the goals of the Medical School-MS. GALANTE: I'm going to object that you are stating what the goals of the Medical School are. I think there is no foundation for him to-CHAIRPERSON STATHAM: Sustained. THE WITNESS: Well, my-MS. GALANTE: That means you can't answer the question. THE WITNESS: No. I understand that. CHAIRPERSON STATHAM: You don't have to explain. THE WITNESS: Thank you very much. I understand. I've been here many times, Linda. MS. GALANTE: I stand corrected. I stand corrected. Since the question was sustained, and he was continuing to answer-CHAIRPERSON STATHAM: Yeah. He was talking about the goals, and you objected to his-MS. GALANTE: Right. Page 346 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the list to be de-tenured in 2016. It was reversed. We had a variety of people. Professor Larry Matherly (phonetic) was there and so on, and the result was that the chair did not know that he had submitted, I think, three other grants since that time and that--and it was eventually he was taken off the list, but this was wholly an administrative operation. He was told that he should not submit to--basically he should submit to-MS. GALANTE: I'm going to object. Isn't this hearsay, that he is telling us what other people said as out of court statements? CHAIRPERSON STATHAM: I'm going to overrule you, and--well, it is hearsay. I'll take it for what it is. MS. GALANTE: I mean, we don't know the specifics. How do I cross-examine? I don't know who the faculty member is. I don't know when this meeting took place-THE WITNESS: I can tell you-MR. GREGORY: He just told us that part. THE WITNESS: I just told you I can tell you. CHAIRPERSON STATHAM: I think that's a 30 (Pages 343 to 346) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 347 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 question you can ask him on cross. THE WITNESS: Sure. CHAIRPERSON STATHAM: And it is hearsay, but we'll take it for what it's worth. THE WITNESS: It's what I experienced myself and heard, and it was also supported, by the way, by an earlier version of the expectations grid that we saw here, in which people that had a thing which said in that grid--and you can look at it if it is available-It said that you should submit to NIH, NSF, or the Department of Defense, and the reason was the high--as Dr. Beppler (phonetic), chair of the department, said, it was high overhead. So it was pretty directive in terms of what you should be doing in terms of your own work. Q (By Mr. Gregory) Why is that a concern? A It's a concern because it is a violation of the academic freedom that is guaranteed by tenure. Tenure is a guarantee of academic freedom and a guarantee that you can do the research that you think is interesting and important to you. Once you get tenure you have that right, and the problem is that at the present in my estimation, in my experience from sitting in on all Page 349 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 which to bring pressure on people who perhaps aren't performing up to the level that the Salary Committees believe they ought to be performing. If they are not performing there are these sanctions, and we even have a section at the end of it which says that if you--that the administration if they--if people don't perform well and improve their thing, that it's up to the administration at that point to do what they please with respect to the Board of Governors statutes. So we have been very deeply concerned about this, and we have great sympathy with the problems of the Medical School, but at the outset of this I advised Jack Sobel and I advised the faculty that what they should do is they should go through this mentoring process. I talked with the President about this. The President's response was he wasn't prepared to wait three years, and I reminded him that tenure takes a long time. Tenure revocation takes a long time too, and it is a very difficult process. So am I--is that responsive enough? Q Yes, indeed. Let me return momentarily, Dr. Parrish, and I'm looking at Respondent's Exhibit 1, which was the copy of the internal audit done in Page 348 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of these things, is that the School of Medicine is interested in bringing in money from grants to defray the salaries of the researchers, and that that is a paramount concern, and their concern for tenure is de minimus. Q Does that mean the Union sanctions faculty that perhaps really do nothing? A If you do nothing, there are--we have over the period of our negotiations, we have negotiated in Article XXIV various kinds of ways in which you can mentor faculty who are seen in the annual salary process to not do as well as others in professional terms. That we have negotiated. We have made it stronger as we have had these discussions. For example, we--I think Dr. Delaney-Black had testified that we put sanctions in so that if you persistently don't submit-We did have cases of people who would not submit their annual summaries, their three-year summaries, and they were being given across-theboard. Now they cannot do that. If they do it two years in a row there are sanctions, and you don't even get any salary increase for that. The Union has agreed that this is a way in Page 350 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 September of 2010, and at page 6 of that exhibit the auditors recommended that a determination be made if there was compliance with the University policy, 05.05, which is also in evidence, and calls for peer review of performance. It also references Article XXIV, at that time, which did have a provision about performance: "...substantially below the unit factors expectations for a period of three years." A Q Right. Do you know based upon your knowledge and experience whether there was any follow-up by the School of Medicine in regard to those-- A So far as I know, there was none. The Article XXIV has been, despite our struggles in negotiating it in attempting to address this, the administration has been very, very reluctant to invoke this or to deal with this particular issue. I know of no Article XXIV actions in the School of Medicine. Q What is post-tenure review and the Union's position regarding it? A Post-tenure review is to review people who have not measured up in terms of the standards as you 31 (Pages 347 to 350) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 351 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 enunciated them with Article XXIV, and to deal with this. There is a great movement toward post-tenure review in higher education. You have states like Wisconsin which are passing laws, and Iowa, Texas, that are passing laws to try to force post-tenure review in a systematic way. We have dealt with that through Article XXIV, and that's what we thought we were getting when we did these very difficult negotiations. The administration has not responded appropriately in the view of the Union to this. Q Why is peer evaluation important, if it is, and does it also involve elements of faculty governance? A That is the key. The key is tenure is a difficult subject. The criticism is why should people have lifetime, you know, protection due to tenure. My view of tenure is that it's somewhat like Churchill's view of democracy. It's the worst of all possible systems except for all others. This system is to be--this system is one that has--that does incur some losses, some problems, but it is the one that protects the concept of why we have universities. We have universities to generate Page 353 termination, tenure track faculty members. I think when the President appointed the team that is running the Medical School, Hefner and Keane and Dwight Munson, that we started down this track of the revocation of tenure. We now have two cases, and the main--on the main campus, and they are going to have a lot more, I suspect. Once the administrators get this in their--and particularly after this latest arbitration, which I think the University and the Union both lost, we are going to have administrators picking off faculty members they don't like or who are perhaps vulnerable in the fact that they haven't published much in the last few years. It's going to transform Wayne State University. It's going to transform our nature in higher education. There is a possibility if this continues that we will become a pariah university, where we will find that people will not want to come here because of our reputation and the lack of respect for tenure. I think that this is a responsibility that this Hearing Panel has to put an end to it and stop 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 352 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 knowledge, and the generation of knowledge means that the research that is done there must be protected and that the researchers must be protected. After we get--we go through a tenured system and the tenure system decides that you get tenure, well, after that what you do in research is really up to the individual person. If you take the instant case, an argument can clearly be made, and it will be made, I think, that Professor Needleman changed his research. He was--for whatever reason. It's up to him--he changed his research, and that research is not valued by the administration of the Medical School or the administration of the University. The problem is that our view is that peer review has to be part of the process, has to be at the heart of the process of the protection of tenure. Tenure is vital, and I'm afraid that if this case goes negatively, that this will be the opening shot for a broader--much broader tenure attack, and I don't know of any other university that has singled out 40-some faculty members and said that they are basically subject to possible Page 354 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q it right now. Dean Sobel in his March 23, 2016 letter to some 40 members of the faculty in the School of Medicine asserts that they have failed-MS. GALANTE: Wait. I'm going to object there, because you're taking one letter and now saying that all 40--which you haven't established how many letters have been sent out--all say the same thing. There is no foundation for that. I think we need to stick to the facts of this case, which is one letter. MR. GREGORY: Well, I thought we had testimony that it was the same letter. CHAIRPERSON STATHAM: I thought--that's my recollection too. MS. GALANTE: From whom? MR. GREGORY: I thought that-MS. GALANTE: No. Dr. Delaney-Black said she did not--she did not say that. I can probably find it. MR. GREGORY: Well, I'll tell you what. I'll recall Dr. Parrish, but meanwhile I will call Dean Sobel and he can testify. Will you produce him for me then, so we 32 (Pages 351 to 354) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can clear this up? MS. GALANTE: You want all 43 letters that were sent out. I will stipulate-MR. GREGORY: I don't want the letters, because I know they are all the same. MS. GALANTE: Well, then why don't you ask the witness if he has seen them and if he can verify that they are the same? I mean, your question was based on the assumption that they are all the same. MR. GREGORY: Well, I'm confident they were all the same, but if you are disturbed by that, we'll get the Dean back in. Do you want to do that? MS. GALANTE: Not right now. I think you should finish with your case. I guess the question is, you're asking this witness about what these letters say without establishing that he has seen them all. That is a simple question, and now you want to call the Dean back in. MR. GREGORY: Yeah, I do, because you are phrasing that, because I think you know as well as I do they were-MS. GALANTE: I have not seen 43 letters. The only letter I have seen is the letter in this Page 357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 letter that were sent, and I think that from the meetings that we held in which Dr. Delaney-Black was present at most of them, we held with various faculty members who had received that letter, to my knowledge, to the best of my knowledge they received that letter. They were certainly having meetings, and I have seen more than one letter, and they are all the--all the ones I've seen are the same. I think that you--that we find that productivity is almost always defined in terms of grants and grant money, increasing grant money and increasing salaries devoted to put on those grant monies. Q We have noted on this record that productivity does not appear in the collective bargaining agreement. A Q No. Does not appear in the School's Promotion and Tenure Factors, does not appear in the scoring. Is it essentially a non-academic concept, productivity, just from administrators worried about the budget in the School of Medicine? A It's a commonly used euphemism, I think, for work, scholarly work or whatever, and then administrators are more prone to use that than I think are faculty Page 356 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 case, so I can't--I mean, I don't understand why this is--either this witness has seen them and can testify to them or he can't, but I don't-I object to a broad question about all 43 letters in this case. CHAIRPERSON STATHAM: Okay. Do you want to rephrase your question? MR. GREGORY: I understand. I'll rephrase, but I'm not going to abandon the other question. Q (By Mr. Gregory) Dr. Parrish, our Joint Exhibit 2 in this case is a March 23, 2016 letter from Dr. Sobel to Dr. Needleman, and in it the Dean asserts, and I quote: "...because of their..."-meaning among others Dr. Needleman-"...failure to maintain sufficient level of productivity." Is that a term you are familiar with? Do you know what that means? A No. I don't know specifically what that means. I can certainly tell you what my impression is in dealing with these people. I have seen more than one letter. I'm quite sure that they are all the same Page 358 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A or faculty leadership. The question is from my experience in these meetings, is that it is very clear that this is something that was particularly present in the meetings and in the information that the faculty was being given after the advent of this new management team, who is very experienced and very talented people but primarily are their non-academics. They're not professors. They're not clinicians. They are people who know medical finances and are pretty good at that, and I have to say, you know, I admire their expertise. I don't think they should be in charge of medical schools. Based on your experience, does every grant provide full salary compensation? No, not usually. How does that work? Well, what happens is that you provide indirect costs. You will have an allocation of your salary, part of your salary. The average, I think, of your salary is probably in the--across NIH, probably in the range of 25% or more. Traditionally here there was a problem of people not putting enough of their salaries on the 33 (Pages 355 to 358) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 359 direct costs, and certainly that needed to be increased because people here were paid 12 months salaries. If you were sitting there and looking at whether or not to allocate 25 or 30% of the salary on your grant, or allocate 10% and then put the other money into a post-doc, you would get greater productivity, and you assume-The problem with that system was that the chairs signed off on this. The administrators signed off on this. The public view seemed to be that it was all the fault of the faculty members. The incentives were there, and they were signed off on by faculty chairs and so on. So certainly there is a challenge to increase the amount of money that is offloaded on the grants, but everybody has got some problems with it. Everybody has got their hands dirty with that particular system, and I think that it has been announced publicly. It was announced in my hearing at one of the retreats that I was graciously invited to by the Dean of Medicine, that the average out there was 40% across medical schools. That was countered by some work that was done by faculty members in which they said it was 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 361 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A And who was on that committee? I'm sorry. I didn't review that. There are so many two-in committees. I can't recall. Q Was Provost Margaret Winters on it, for example? A Yes, she was. She was. Yes. That--you're quite right, and I appreciate your reminding me, but Provost Margaret Winters and so on, we thought we had a reasonable solution to this. What had happened was that in the period of the previous President, we had a proposal, a Draconian proposal on tenure that we pointed out that tenure revocation could come, that a person could be notified for tenure in their proposal on one day, have a hearing that day with whoever was the administrator, be fired the next day, and the Union couldn't do anything until they were already on the street. We stopped that, a combination that didn't come--I think we talked with the Board of Governors, and we talked with people externally, and they ultimately withdrew it, but we had-We did work this out, and this was--and Margaret was one of the people involved in the recommendations. Q Now did this joint two-in committee of Page 360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A nearer 25% at best. So it's a complex kind of series of issues. Has the administration at the School of Medicine or the University generally come to you to negotiate any changes to deal specifically with the School of Medicine budget issues? No. I have advised--I advised Jack and I advised-you know, I wrote to the faculty of the School of Medicine that I knew--that we would hope that the devices in the contract were sufficient to deal with these problems, and they said no. The President said no, that he wasn't prepared to wait three years while the mentoring process went on. Was there a substantial amendment to Article XXIV, Section (C), in the last collective bargaining? Yes. And what was that amendment? That was making much more--making stronger the sanctions for those people who had not submitted their three-year summaries of their CVs in each year, so-Was there a recommendation prior to that from a two-in committee? Yes. Page 362 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A administration and faculty reach an agreement and recommendation? Yes. I don't remember all the details, but essentially it was--the weight was in strengthening the mentoring process. And do you recall consideration of whether the procedure should be punitive or remedial, and they decided it would be remedial? They decided that it should be remedial rather than punitive. That was the key to it. And do you recall, did they deal with concerns of academic freedom and due process? Yes, and that people should have academic freedom and due process, and they should--and it wasn't spelled out with great specificity, but the principle was certainly enunciated. Prior to the situation we now have in the School of Medicine--you have been around here a long time-To say the least. How many dismissal proceedings have we had? We have had two in my experience, and one was in the Adamany administration, but around 1990, and it was a member of the Engineering Department, and it was--it got to the hearing--to a Hearing Panel. I sat in on that panel although he had his 34 (Pages 359 to 362) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 363 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A own lawyer, not the Union's lawyer, and the panel voted in favor of the faculty member, and that was the end of that. The second one was the one that we referred to here. It was a case of someone who was tenured at 40%. Because he was tenured at 40% he was not a member of the bargaining unit. You have to be 50% to be a member of the bargaining unit. So we did not represent him, but his lawyer went through the same procedure that we have here, and it was dismissed in summary judgment before any defense was given. And to your knowledge, there are four School of Medicine cases pending after this case? Yes. So we don't have the schedule. They're not all scheduled. And in the faculty generally, there are two possibilities pending, you say? There are two in the--there are two on the other side of the campus, and one in the Education School and one in the College of Liberal Arts and Sciences, and they are just at the beginning stage of this. I met with the individual, the people and the Deans involved, and we will have another meeting shortly. Page 365 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q And you heard Dean Sobel's testimony here? Yes. Correct? Are you telling this Panel that you do not believe Dean Sobel is sincere when he says he has the highest respect for the concept of tenure? A No, I-Q That's a "yes" or "no," and-MR. GREGORY: No, no. THE WITNESS: No. Well-MR. GREGORY: He can answer it. MS. GALANTE: It's a "yes" or "no" question, and he is saying no, he is not. THE WITNESS: Yes, or no. I said no. CHAIRPERSON STATHAM: She can ask leading questions. THE WITNESS: No. I believe that Jack has--is a sincere man. He is a very decent man. He is someone I have had great respect for over time. Indeed I was the one who first introduced him to President Wilson, and that was the first time he had gotten to meet him. I was very pleased when Jack was appointed as Dean, because I thought that Jack had a sincere commitment to academic values. I think that he has made some mistakes, I think, in terms of the way in Page 364 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Do you have any knowledge or information as to why the President didn't meet with Dr. Needleman and perhaps others before the charges were actually issued? A No. I have no--I have not discussed that with the President at all. MR. GREGORY: I have nothing further. Thank you, sir. CHAIRPERSON STATHAM: Counsel? MS. GALANTE: Thank you. CROSS-EXAMINATION BY MS. GALANTE: Q So in your direct examination, Professor Parrish, you indicated that these letters that the Dean sent to the faculty stated before taking further steps there was--your criticism was there was no attempt to increase the level of productivity. So you yourself had used the term, "productivity," haven't you? A Yes, and mistakenly. Q Mistakenly? I have to laugh, but that's what you said. So you talk about this internal audit, and Dean Parisi. Now that was a different administration. Am I not correct? A You are absolutely right. Page 366 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q Q which this has operated, and I have differences with him, but I respect him. (By Ms. Galante) Do you believe his testimony when he said that he gave careful and individual consideration to every one of these cases? Oh, I think that's--yes. I think that's--I believe him. That's the problem. The problem is that-My question doesn't call for you to give me a whole explanation. Yes or no? I won't explain it to you. It's just a "yes" or "no," if you believe him or you don't, and you said that you do. MR. GREGORY: No. This thing doesn't work that way. MS. GALANTE: Yes, it does. On crossexamination if he wants to-CHAIRPERSON STATHAM: She can ask leading questions, but I think he has got a right to give you an answer to your question. MS. GALANTE: My question was does he believe him or does he not, and he answered that he does believe him. CHAIRPERSON STATHAM: Okay. True. (By Ms. Galante) So how many faculty are there total--well, am I correct that there are at least 35 (Pages 363 to 366) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 367 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q 600 faculty in the School of Medicine? Yes. And out of those 600 faculty, am I also correct that there were only 40 to 43 letters that were sent, such as the letter that Professor Needleman received? Is that correct? Yes, but I can-That's all my question was. Were there more letters? Yes, only 43. Only 43. Now that may sound like a lot. I'm not minimizing that by any stretch, but he testified that he was doing a review of all the faculty, and he also testified-Do you believe that he was sincere in his statement about how--what he identified as unproductive faculty affected the morale of other hard-working faculty in this School? Not as much as the action against the 43 is affecting morale. So you think that that has more effect, but do you believe him when he says that--well, this is a new procedure. I believe him. You believe him. Okay. Page 369 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q it, but I'm only talking about Article XXIV. The arbitrator ruled, did he not, that after pages--this is a 38-page decision that went through all of the arguments that were raised by the Union. Is that correct? He thoroughly addressed all the arguments raised? He addressed them. He did not thoroughly address any of them, many of them. But he addressed them. Okay. We're not going to criticize arbitrators here today, but-Oh, I am. Well, you can, but he--read this if I am correct: "I deny the grievance that utilization of Article XXIV is a mandatory predicate before the Employer can bring a Board of Governors statute dismissal proceeding for alleged performance issues." Have I read that correctly? You have read that correctly, and-And that's on page 36. That's the only question on the table, whether I have read it correctly, and that is on page 36 of this Opinion. MS. GALANTE: I move for admission of this as the Employer's Exhibit 18. Page 368 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A It's a new procedure because it is so unusual. Q Well, there have been questions throughout here on cross-examination by your Counsel about why didn't we do something before. So now that we are finally doing it, you are criticizing the administration for doing what they are being criticized for not having done sooner. Is that correct? A I'm criticizing them for not having taken advantage of the remedies that we negotiated to try to deal with this problem. Q Which brings me to the decision in the grievance that you filed, and Mr. Gregory represented you, and I now have to admit this entire decision, because many of the statements you made here are arguments that you raised in this arbitration. Am I correct that the Union did not negotiate and could have negotiated--they might not have gotten an agreement, but there was no agreement that Article XXIV is a mandatory process? It's an option? A The decision that was taken in the Hornberger decision is a decision in my view that the administration and the Union lost. Q Well, I understand that there are other pieces to Page 370 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (At 1:59 p.m., Employer's Exhibit 18 marked) CHAIRPERSON STATHAM: Mr. Gregory? MR. GREGORY: I wish Counsel--in fairness, would you read the second part to the Committee about mentoring? What does it say about-MS. GALANTE: That's not the issue we are discussing. MR. GREGORY: Oh, yes, it is. MS. GALANTE: The issue is whether or not--no. There is a procedure for mentoring under Article XXIV. MR. GREGORY: And it's mandatory, is it not? MS. GALANTE: No. What it says is-MR. GREGORY: You can't have your cake and eat it too. MS. GALANTE: All right. I will read it. "I grant the grievances that the Employer cannot use a mentoring procedure different from the mentoring procedure in Article XXIV." So if we're going to mentor Professor Needleman, we are supposed to do it pursuant to Article XXIV, but it doesn't say that mentoring is 36 (Pages 367 to 370) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 371 mandatory. MR. GREGORY: Well, you are mentoring now, so-MS. GALANTE: I'm mentoring? MR. GREGORY: I'm trying to tell you you--well, never mind. MS. GALANTE: You know what? CHAIRPERSON STATHAM: Do you have any objection, Mr. Gregory, to the admission of the Hornberger arb decision? MR. GREGORY: Yes. It's irrelevant. MS. GALANTE: I don't see how it can be irrelevant when Dr. Parrish is here testifying about Article XXIV and raising the same arguments that were raised. CHAIRPERSON STATHAM: I'm going to overrule you. I think the Committee would like to see the arbitration award. MR. GREGORY: All right. CHAIRPERSON STATHAM: After all the talk about it. (At 2:00 p.m., Employer's Exhibit 18 received) MS. GALANTE: I have copies of just the ruling portion, but I will have copies made of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 373 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 referenced involving a faculty member who was a 40% was dismissed was on the notice issue. Is that correct? A I don't know. I didn't--I never saw his letters or his interaction. That, it was all--it would be all hearsay. I talked with him. Q And I could--I have that Opinion with me. If it's necessary I can probably admit that. Let me give that some thought. Again, it's a separate case with separate facts. Will you agree to that? A Of course. Q And you were not involved in that case? A No. Q Nor the other one, so you don't really know what the facts were? A Q I was involved in the first one. You were in the first one. I stand corrected. Of the 43 letters that were sent, you heard Dean Sobel's testimony about how when he met with them, some of them he felt that there were other things that could be done? He gave individual consideration to each case. Do you have reason to disbelieve him in that regard? Page 372 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q entire Opinion. CHAIRPERSON STATHAM: Yeah. We'd like the whole-MS. GALANTE: Because it has become an issue. (By Ms. Galante) I would like to now turn your attention to Article XXIV, which was negotiated, and ask you under Section (1), "Faculty Professional Duties," Subparagraph (c), "Professional Review and Development, Paragraph (5) under there. Am I correct that it says, "...may recommend"? Yes. Okay. So again-It is what it is. The language of the contract is that it is permissible, but it is not mandatory. Correct? Yes. That is correct. So of these 43 letters, would you agree with me, Dr. Parrish, that this letter that Professor Needleman received from Dean Sobel dated March 23 puts him on notice that the University may be taking further action? Yes. And the reason that the prior case that you Page 374 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Dean Sobel did that, and he did it entirely on his own judgment, no reference to any peer review whatsoever. Do you consider this hearing peer review? I consider this hearing as following the required Board statutes. The peer review I'm concerned with is the peer review when you take--when you first accuse people or bring them into the tenure revocation. Is there anything in the Board of Governors's statute that says that the administration has to have some peer review in addition to the recommendation of the Executive of the School to the President, and then the President giving his recommendation? The statute says what it says. Okay, and this Hearing Panel consists of all faculty members. Correct? It says what it says. Of course it does. And of these 43 cases, there are five that are subject to this dismissal proceeding? The Dean has stated that they are up to 11 that are being counted right now. But there has been no action taken on those cases? No. 37 (Pages 371 to 374) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 375 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So there are a total of five cases? A Yes. Q One of which is this current case? A Yes. Q And I know you have expressed on your direct examination that you are fearful that this is going to be the downfall of Wayne State University, and that this is going to open the flood gates to faculty being de-tenured. Do you not think that the process implemented here gives a faculty member adequate due process, to have a hearing like this with six faculty members? A I think that--certainly I'm not criticizing the fact that we--that there are six faculty members available who can exercise their judgment as to the validity of the administration's case. What I am much more deeply concerned about is the meat axe approach of identifying 43 faculty members, or any large group of faculty members for the possibility of sending them through this process. Q So you describe it as a meat axe approach, sort of just putting people on the chopping block, which means you are saying that you don't believe Dean Page 377 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q decisions. He made the decision? They made recommendations to--I think Dr. Delaney-Black said that they made recommendations to the Dean. Of course the Dean made the decisions. He is the responsible person. There is nothing about this process that violates the contract, however, is there? I would reserve judgment on that. I don't--every aspect of this, it depends. We believe that the contract gives due process to every faculty member, and we wish to defend it, and any violations of that we view as a violation of the contract. And aren't you defending that here today? Absolutely. Okay, but you haven't filed a grievance, at least to my knowledge, saying that this process violated the contract? We have to see how this comes out. So depending on the results, you may do that, but as of this point-We'll see. We'll see. Okay. Am I correct in reading Article VII: "Except as modified by this agreement, the following actions formally approved by Page 376 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q Sobel's testimony about how he reviewed every single file? I have--of course I believed every word that the Dean said, but I am not endorsing the Dean's judgment. Okay. That's fair enough. I mean, why-But you're talking about a process, and you're saying--I mean, he engaged in a process. A wrong process. So basically it boils down to you disagree with the Dean? I disagree with the process. I disagree with the process whereby this is wholly an administrative decision. Indeed, Dr. Delaney-Black testified as to the membership of the committee that first identified these 43 people or however many. There was no academic faculty representation on that committee. I think there was one person who was basically an administrator who had faculty status on this committee with Dwight Munson and these other people who identified them. They are administrators. They are not even academics. And Dean Sobel testified they didn't make any Page 378 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q the Board of Governors shall remain unchanged for members of the bargaining unit," and among them is Statute 2.51.01? Absolutely. It's our view that those statutes have been read into the contract. It's a different issue whether or not it is incorporated. Do you agree that this is what it states? I know what it states, and I-The following action-It states what it states. They can all read it too. Okay. So this is the same statute that has this process set forth in it. Correct? The process is something we have agreed to remains the same unless we agree to some change in it. The actual process--processes can be misused. You can have the violation of people's due process rights. In this, if you decide that someone who is a highly honored scholar in the Humanities or wherever is subject to this, I think we would object to it. It's no different than what are our objections with respect to Mr. Needleman. But your rights as President of the Union in defending your faculty members would be that if you felt that the process was violating the contract, 38 (Pages 375 to 378) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 379 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A your option is to file a grievance. Correct? Yes. We can always do that. I understand, but as of today that has not been done. Do you have any firsthand knowledge that Dwight Munson or David Hefner identified any of the 43 individuals? Only as was testified by Dr. Delaney-Black. You're mischaracterizing her testimony, but you have no-She identified the committee that made the recommendations, and Munson was on it. No, she--well, her testimony stands as it is. It does. And the committee, but you have no firsthand knowledge of what took place in any of those meetings? Of course not. I wasn't in the meetings. MS. GALANTE: I have no more questions. Thank you. CHAIRPERSON STATHAM: Mr. Gregory? MR. GREGORY: Nothing further. CHAIRPERSON STATHAM: Any more questions? MR. GREGORY: No. CHAIRPERSON STATHAM: Dr. Parrish, you can step down. Page 381 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A while we pass them out to the Committee. (At 2:24 p.m., Respondent's Exhibit 6 marked) (By Mr. Gregory) I show you Respondent's 6 for identification, Doctor. Can you identify it, please? Yes. It's my current C.V. All right, and it was prepared and is up-to-date as of February 6TH of 2016? Yes. It's up-to-date. It is up-to-date? Yes, it is. MR. GREGORY: Well, we offer Respondent's 6 into evidence. MS. GALANTE: Just give me a second. I would like to place an objection to this document because it was prepared and never submitted to the University administration as part of this dismissal proceeding. CHAIRPERSON STATHAM: Mr. Gregory? MR. GREGORY: We have had testimony from witnesses for the Employer as to his activity subsequent and to-date, and that's why it's being offered, plus it would be inclusive of matters that were in that period just prior to the charges. Page 380 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Thank you. (At 2:10 p.m., witness excused) CHAIRPERSON STATHAM: Can we take a five-minute break before you call your next witness? MR. GREGORY: Fine. (At 2:10 p.m., recess taken) (At 2:22 p.m., back on the record) CHAIRPERSON STATHAM: Can we go back on the record? Are you ready to call your next witness? MR. GREGORY: Yes, we are. We call Dr. Needleman. CHAIRPERSON STATHAM: Doctor, would you raise your right hand? Do you swear to tell the truth, the whole truth and nothing but the truth? DR. NEEDLEMAN: I do. RICHARD B. NEEDLEMAN (At 2:23 p.m., sworn as a witness, testified as follows) DIRECT EXAMINATION BY MR. GREGORY: Q Doctor, please state your full name for the record. A Richard Bruce Needleman. Q In a moment we are going to hand you Respondent Exhibit 6 for identification. Give us a moment Page 382 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I think it an appropriate defense in any event to the charges which are before the Committee, of course. CHAIRPERSON STATHAM: Anything else? MS. GALANTE: But what he is saying, he has objected to things that were not--the administration when they made the decision did not have this document from Professor Needleman. I mean, he met with the Dean on May 23RD. He didn't say, "Here's my updated resume." This document was never considered by the administration as part of its process. We're seeing it now for the first time today, and so it's irrelevant to the decision that was made by the Dean because he didn't have this information. CHAIRPERSON STATHAM: Okay. Your objections are duly noted. I'm going to overrule them and admit it. You can argue weight it should be given in closing arguments or post-hearing briefs. It's admitted, Respondent Exhibit 6, Dr. Needleman's C.V. (At 2:28 p.m., Respondent's Exhibit 6 received) (At 2:28 p.m., Respondent's 39 (Pages 379 to 382) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A Q Exhibit 7 marked) (By Mr. Gregory) I show you Respondent Exhibit 7 for identification entitled, "Expanded NIH Biographical Statement." Can you identify it? Yes, I can. Tell us what it is. The NIH requires now a biographical statement in addition to the C.V. This is a biographical statement that compares my 2016 grant submission, but I have appended in italics some extra personal information, so to tell the Committee what the entries actually mean. When was this document prepared? It was prepared when I submitted my first--well, the NIH document was prepared probably in October, 2016, but I prepared the expanded version maybe two weeks ago. Was this something that would be used for future grant applications? Well, the expanded biographical statement would be. Everything not in italics would be used, and in fact it will be. Is this required by-Yes, it is. The grant? All right. Page 385 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 After high school I went to Brandeis University, and I majored in Mathematics. However, I was really a Physics major. Mathematics simply has fewer requirements than Physics for lab work. I then went to the Stony Brook Institute of Theoretical Physics, where I was working on a thesis on Kaluza-Klein field theory. It's a quantum field theory. At the same time I was getting interested in Biology, which was common at the time. I met Sy Fogel, who was a biologist at City University of New York, and he recruited me to go to City University of New York at Brooklyn College. Sy was a major figure in yeast biology. He basically established the basic rules for DNA recombination using yeast. After I went to Brooklyn College with Sy, I took a post-doc at Albert Einstein College of Medicine, but before that I went to the Public Health Research Institute of New York for a brief period, where my thesis advisor was taking a sabbatical and the sabbatical prevented my defending my thesis. During that time I developed the first mitochondrial genetic system. That is to say, I Page 384 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GREGORY: We offer Respondent's 7 in evidence. MS. GALANTE: I again object for the reason that he says this document was prepared two weeks ago. It was not provided to the Dean prior to when he met with him or any time after that so that the Dean could take it under consideration and give it what weight he thought was due to it. So think it's irrelevant to the issue that is before this Panel, whether or not we had evidence to justify our decision. CHAIRPERSON STATHAM: I'll overrule you and admit that, and again it goes to--you can argue to the weight it should be given. (At 2:31 p.m., Respondent's Exhibit 7 received) Q (By Mr. Gregory) A great deal of the information we need, Doctor, is in your C.V. and the NIH bio, but tell the Committee briefly your educational background and why you came to Wayne State University for employment. A Okay. I went to high school in Brooklyn, and I was on a track team with Bernie Sanders, which only explains my accent and the fact I'm very old. Page 386 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 found the first system where I could easily make mutations in mitochondrial DNA, as well as nuclear DNA, that affected mitochondrial development. Let me--before I talk about science, I'm going to talk in normal language, as if I met someone at a party in explaining this. Okay? I know-Q If you could go more slowly, Doctor-A Okay. I know many people here are technically trained, but I would like to just talk very simply about what is going on. So this was the first system. We learned how mitochondrial genes work. We learned to identify them. By making mutations we could study what these products did. I received a call from Jim Watson while I was at Julius's laboratory, asking me to come to Cold Spring Harbor and give the university a seminar. I went to Cold Spring Harbor. I gave a seminar and afterwards found that some of my papers were reflected in the book called, "Landmarks of Yeast Biology." This basic discovery allowed me basically to choose any medical school I wished to go to, not--major campuses. I was hired by this medical school, and I was also offered a position at the 40 (Pages 383 to 386) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 387 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 University of California Berkeley with Sy Fogel, who moved out there, and also the Wayne State University undergraduate campus. I came to Wayne State University School of Medicine because it was a hard money school. Most medical schools are soft money. They require that you sign a contract on joining them that says that a certain percentage of your grant money must be supported, must support your salary. The amount decreases. Albert Einstein College of Medicine in New York offered me a soft money contract. I would have much preferred going to Albert Einstein everything else being equal, but Wayne State was a hard money school. The presumption was that you would never have to use grant money to support your salary. It was never a condition of tenure. That is the reason I came here. Should I continue about my experience in the department, or-Q Yes, please. A Okay. So I joined the Biochemistry Department, and at the time it was a very old-fashioned department. At the time it was really the flowering of yeast genetics. There were about 50 yeast geneticists in Page 389 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 then? Well, there was--Barry hired molecular biologists, and we had the old-time protein chemists. We had the new young molecular biologists, but over a time interval Barry decided that he wanted to have a European or Japanese type department, which means there is one professor and everybody works for him. So Barry wanted all the Assistant Professors to do his work with him, to collaborate. Needless to say, people objected to it. In fact, people left. The entire Molecular Biology section left. Alex went to University of Michigan. Studitsky went to Fox-Chase. We were completely decimated. Barry hired new people who were physical biochemists and made--under the conditions that they work and do his research for him. Bill Brusilow and I were the two last molecular biologists in the department, and we essentially withdrew from the department. We essentially didn't go to the faculty meetings, and we didn't participate at all in the department. Q Why did you do that? A We did it because Barry was taking all the resources of the department, everything that we had in A Page 388 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the world. I was one of them. Our department was mostly protein chemistry, rather old-fashioned. Ray Brown, who was chairman, didn't exactly want to hire me, but Sepia Lee (phonetic), who is an old-time famous mitochondrialist, wanted to, and my job here was secured when Ray Brown called up Sy Fogel in Berkeley and found out I was actually offered a tenure line in Berkeley. So I came here. After a few years Ray Brown retired and Barry Rosen came in, and in the beginning Barry Rosen decided we were going to have a modern department. So he started hiring molecular biologists, geneticists. Alex Nympha (phonetic) came from the Stanich's (phonetic) lab at MIT. Ephylodemia Studitsky (phonetic) came from Misha Beckoff's (phonetic) lab in Russia, a very famous lab, many other people, and the early years were quite good. We had seminars together. We had joint parties together outside the school. Our doors at the labs were always open. People circulated back and forth. Graduate students came in, came out, and it was quite nice. Q What was the department in its composition back Page 390 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 overhead and putting it into his laboratory. We couldn't get any kind of--usually you could ask for some money to do some project. I might need a microscope. My team might need a microscope, so we put in some money. We asked Barry to supply the rest from grant overhead. Barry would not supply or help anybody there except himself. Okay? He was taking over more and more labs, and we withdrew, and you saw the consequences when Barry came here. I was at the height of my, you know, research career when Barry claims he sent a memo to the Dean asking for my dismissal and Brusilow's dismissal. I don't know-MS. GALANTE: I'm going to object to the characterization of the record. You're saying he claimed. He had a document. THE WITNESS: Oh, yeah. He had a document, fine. MS. GALANTE: That showed that. THE WITNESS: Yeah, sure. He did. MR. GREGORY: It's inappropriate to argue. MS. GALANTE: I'm sorry. THE WITNESS: No. You're absolutely right. He had a document showing that. I had no 41 (Pages 387 to 390) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 391 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 knowledge of this document. I don't want to speculate why, but I had no knowledge, and my research record was good, and so was Bill's. That is my interaction with Barry Rosen. Barry left, and we had a temporary chair who was Robert Frank, who was an ophthalmologist, for a couple of years, who had no biochemistry experience at all. This was followed by Bharati Mitra, who was appointed by the Dean with no input from the faculty. We were not allowed to vote on her appointment. She was essentially an Emergency Manager appointed by the Dean, representing the Dean and not the faculty. That persisted up to this year, when our departments were combined. My department was combined with Immunology, Microbiology, and Phil Pellet (phonetic) was appointed in the same way. Once again, no democratic vote. He represents the Dean. So for the past ten years or so we have had no chair representing the faculty. Q Did you nonetheless pursue your research and publish then? A Yeah. Maybe I should go to the last ten years, and we should come to this dispute here. I won't go Page 393 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 all the textbooks. In addition, we were able to make some materials which are good for biodetection, and unfortunately biowarfare as well, and for computing. It's a purple membrane. So that means when photons absorb it goes through a color change. If you make certain mutants, you can use it to store information, but more importantly you can also use it for rapid information storage. For example, if you are doing, let's say, missile defense, you don't need permanent storage, but you need rapid and fast and large scale storage. If you think of a camera, a camera has 24 megapixels. These--each molecule was a pixel. Okay? You can make holographic movies in three dimensions that move, okay, and I did this for awhile in the Pentagon. I did this with--well, I consulted for the Pentagon, like I said, and we had the MetroLaser contract, and it became the basis really of optogenetics, which is a major research area in the 20TH century, 21ST century. Q When did that take place, timeframe-wise? A My C.V. is very bad. As somebody said, you would have to look here. In the '90s, late '90s probably. Page 392 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 through all the stuff I did. Okay. So I and colleagues had a--well, I was a PI on an NSF grant on bacteriorhodopsin and halorhodopsin. It concerned proton transport. Proton transport is quite important in Biology. In fact, if you think about the most important proteins, you would come up with maybe DNA polymerase which makes DNA, but you would certainly come up with the ATPAs, which is the proton translocating membrane-bound enzyme. The halorhodopsin and bacteriorhodopsin are similar. They are retinal proteins. They're purple. They're gorgeous. They sit in the bacterium. Light comes in. The photons are absorbed. A proton is pumped out, and those protons then are used to do work. This is actually the basis of almost all Biology, the use of these proton gradients. So we did this, and we have essentially completed--I worked with Yanos Lanyi at the University of California Irvine, and Akio Maeda, Kyoto University. She was chair of Biophysics. It was the best collaboration of my life. We essentially solved the entire problem of proton transport. We had a complete model. It appears in Page 394 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q During this period, did you receive any direction from the chair as to the-A Well, seemingly, from what he just submitted-REPORTER: Excuse me. He is kind of cutting you off. "Did you receive any direction..."-THE WITNESS: Sorry. Q (By Mr. Gregory) Yeah, from the chair regarding the focus of your research? A Sorry. Barry introduced me to Janos. The deal was that I wanted to use my biophysics, my physics background in some sort of pigment system. Originally I wanted Chlamydomonas pigment, which turned out to be more important for optogenetics than the one we chose, but Janos did not want to do that, so we worked on bacteriorhodopsin. He is a long-time bacteriorhodopsin worker. He introduced me to his friend, Akio Maeda, who was chair at Kyoto University, and we actually had some common ancestry in terms of science. So I was the head of an NSF grant. I chaired many international meetings. There was a patent that was possible for this procedure that I had developed, but in fact the patent was never made 42 (Pages 391 to 394) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 by Wayne State, and I won't go through the long story. The guy was called Dieter Osterheldt, who was the head of Max Panck Institute in Munich. He patented my letter I sent him explaining the procedure. He had absolutely nothing to do with it. Wayne State miffed on the patent, okay, and that patent also forms the basis for optogenetics and may be worth something. I don't know, but the end point of that research was that Dieter won a 200,000 mark prize for his discovery. So we had some materials made. Okay. After bacteriorhodopsin was essentially finished, there was some questions that were left that it was difficult or trivial or--I don't know. They were tedious questions, and we didn't want to deal with them basically. I was getting tired of this. Janos wanted to work with other organisms to look at the photopigments, but I didn't want to, because for one thing, when I deal with those experiments I sit in a dark room. I don't like to have students or technicians work with a laser. It's dangerous. You have to adjust the beam. You wear goggles, but you can't really see. You have got to take the goggles Page 397 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A That was probably 2000--I have the paper, so 2002 or something. Okay? So Bill and I started investigating phenylbutyrate, first in yeast and then in other systems. We also investigated MSO. There has been testimony that I was working on four different areas at the same time. Okay. Papers that came out of that were absolutely in the same area. One says liver failure. That is the same area as the ALS. It is the same area as the glutamate area. This all concerned the effects of glutamate, glutamine on function. It's the same thing. We showed a couple of important things. Bill--we had no money for this, and the idea of us getting a grant on this topic is ludicrous. First of all, the idea is essentially crazy, okay, because even if-Take an important molecule like glutamate and knock it down in the brain, you don't know what is going to happen. We knew that it got to the brain, because in dogs it causes convulsions. In primates it's much less toxic, so we knew it would pass the brain barrier, the blood/brain barrier, but the rest of it we didn't Page 396 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 off. It's too dangerous for the students and too dangerous for the technicians, so I was doing all the experiments myself, but doing experiments is not so glamorous, and then sitting in the dark, twiddling a dial, hitting a laser, recording information, spending my life this way, I was tired of it after ten years. So I wanted to do something else. At the same time, Bill Brusilow, who was my friend and colleague, decided he had to get out of E. coli genetics. E. coli genetics was not being well-funded by the NIH, so Bill and I got together and we went to this project on--well, we had an idea, and calling it an idea is probably to give it too much credit, so a notion. In fact, if I had gotten this as a grant I probably would have said, "You shouldn't be doing this. It's very speculative." The speculation was that excess glutamate is seemingly important in many neurological diseases and conditions. We had a drug--two drugs actually--that could modulate glutamate levels, we thought. Q Set the time for us, Doctor. Page 398 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know very much about it, but in fact it turns out that not only does it reduce glutamate in the brain, but it can reduce glutamate in certain areas of the brain. Glutamate can be made and destroyed in many different ways. So even though we used a very specific inhibitor, okay, essentially every molecule of this inhibitor that binds a glutamine molecule inactivates it. Glutamine synthetase inactivates it. Even though we had that, we weren't able to modulate glutamine levels in the brain, and glutamate levels in the brain, as well as some other neurochemicals. We knew it was regional. We worked with Matt Galloway here, his MRS or Magic Angle (phonetic), and we also showed that it can extend the lifetime of the ALS mouse. It's a mouse model for ALS, and it would extend the life about 8 to 10%, which doesn't sound like much, but it's pretty much the average for even human drugs. We also found the following. There is a problem in ALS experimentation, and it's this. If you have patients and you are trying to do a drug 43 (Pages 395 to 398) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 399 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 trial, you can--it's difficult to find the measure of the disease progression. Okay? There are all stages of disease. You can do physiological tests, but they are not very accurate, so we wanted some sort of measure of disease progression so we could do drug trials. It turns out that we found that amino acid changes in the blood actually can show progression of the disease in ALS, and we were about to use this in the clinical trial when on a day Bill tried to take the human protocol to our ALS clinic here, we found that Dean Parisi had a fight with the head of the clinic and it closed. There is an old--in Pasternak there is a poem which says, "(Speaking in Russian)," which means "Living one's life is not like crossing a field." Okay? Don't worry about it. It's terrible Russian anyway. Don't worry about it. Living one's life is not like crossing a field. So at the end we are completely thwarted by it. We had some papers coming out of this. It turns out that acute liver failure is also a major disease which kills one to six million people a year. It's a disease of ammonia metabolism. MSO Page 401 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mice are fine. So it's another use for MLS, ALS. I'll stop--once I get started talking, I don't stop. Okay. So we had these four papers coming out. There has been testimony here that I have no work past 2010. You can see in the Rebuttal of charges I have four papers. Actually there is another one which is a trivial paper. I didn't count it. There are four papers, and they look exactly--you know, I have the same productivity as any of the professors that was in charge. These are not a focus that has been changed. The focus has always been on glutamate/glutamine. It has always been on MSO or phenylbutyrate, which are two drugs that modulate these chemicals. So the notion that these are in different areas and I've lost my focus only occurs to people who don't read the abstracts, okay, who read the titles and think they are different subjects. Q Hold it just for a second, Doctor. (At 2:50 p.m., Respondent's Exhibit 8 marked) Q (By Mr. Gregory) I show you Respondent's Exhibit 8 Page 400 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can in fact inhibit and change ammonia metabolism in the brain. Bill--mostly because this is great work, it's not mine. It's mostly Bill's. When Bill came back from a Padua sabbatical, I helped the student to do some of the immunological experiments, but basically Bill did it all himself at that point. He did most of it there. This is also relevant to the idea that it's important to be middle author and end author. We have a paper on the amino acids in ALS mice. I'm not the senior author. Bill always is. Bill financed all his work with his own money. He bought mice. He spent hundreds of thousands of dollars doing this research. Okay? But according to Wayne State, it's probably not worthwhile because they had no overhead money on it. This is how we funded the papers that are here, but in the case of acute liver failure, you can take LDS and Degal (phonetic), two chemicals that cause liver failure in mice. When you injected the mouse, at the end of 24 hours 100% of the mice are dead. If you take out the liver, it looks like a cracker. You can break it and crack it. You give them MSO during this process, you get essentially 90% survival and the Page 402 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A for identification. Can you identify it as an article that you provided at my request? I did. In regard to the Dean's assertion that you had changed your research focus? I did. The Committee will have in due course a chance to read the article. What will they learn from it? Well-MS. GALANTE: Could I ask for voir dire before that? MR. GREGORY: Oh, I'm sorry. I quickly offer--I offer 8 into evidence. CHAIRPERSON STATHAM: Counsel? MS. GALANTE: What is the source of this article? THE WITNESS: Nature. MS. GALANTE: Nature? Oh, I'm asking you though. I would like it on the record. THE WITNESS: Nature News and Comments, and-MS. GALANTE: Is this a website? THE WITNESS: It's a website for Nature magazine, yeah. MS. GALANTE: For Nature magazine, and 44 (Pages 399 to 402) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 403 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A when did you pull this document? THE WITNESS: Probably--it's marked October 26, 2016, so probably soon after that. I don't know exactly. MS. GALANTE: I have no objection. CHAIRPERSON STATHAM: All right. It is admitted as Respondent's Exhibit 8. (At 2:52 p.m., Respondent's Exhibit 8 received) (By Mr. Gregory) In the changed research that you have simply described, is it still in process? It is. And what is the status? Well, unfortunately, because the ALS clinic closed, I tried to get the research transferred to the ALS clinic at Henry Ford, but I was told that this research would not generate enough money. I have always done cheap research, and they decided that the research requires simply blood samples in ALS patients, a longitudinal study. It has been known in humans that amino acids change in the blood in ALS patients. This is probably from several causes. One is there is a general muscle wasting in ALS patients, and this leads to changes in the amino Page 405 of--there is a whole Komoltorov (phonetic) deal with how you do statistics, but we didn't find anything practical. Okay? You would like to know things like if I took a thousand light bulbs and made them, how many are bad? How many do I have to take out and test to find out--if I shoot a gun at a target, how many things will hit the target if I only test a certain number. That is that branch of statistics. Biologists do it all wrong, always. They use what is called a Fisher t', and a Fisher t' is a number which is .05. They say it's gray. It's sometimes different. It's .06. They start looking for excuses to fix the data, and there are many excuses. So I had a graduate student, Monica Bame. We worked the first time on the Internet. So I had sent her data. She had sent me data. I made many mistakes in data entry. She would correct them. We tried to learn the proper procedures, and I'm sort of proud of the way the statistics were done. We used t tests for effect CIs (phonetic). We did certain other things, CIs, and I think we did it pretty well, but a statistician would probably say it's terrible. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 acid composition. On top of that we found disease-specific changes that change. All the literature on ALS amino acids has been--well, I don't know, random. I mean, they take ten patients and they look at them. They are mixed genders and at different stages of the disease, and they show abnormalities in ALS in the amino acids, but they are always different abnormalities. Okay? What we wanted to do was to do it statistically properly. We wanted to follow the same patient, take blood samples every couple of weeks, run the amino acid analysis on them and see how the patterns changed. They changed in a very particular way in ALS mice. In fact, ALS non-symptomatic mice show abnormalities in ALS in amino acids as well, so we thought this would be a nice statistical study. Our statistical studies of mice, unfortunately--well, you can read the papers. We did it the best way we can. I learned to do statistics. There are two branches of statistics. There are--there is a mathematical theory, a measured theory of vague integrals with functions Page 406 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A I'm not too worried because in fact we had small numbers of mice anyway, and we only accepted very, very large significant changes in our paper. We had many changes, and we only talked about the largest ones, and it's a definite pattern of changes in the plasma of these mice. So-Let me interrupt you, Doctor. Have you made any grant applications with respect to the-We were going--yeah, we were going-REPORTER: Excuse me. Go ahead, Mr. Gregory. (By Mr. Gregory) Have you made any grant applications with regard to the use of-Yeah. The application was going to be with the ALS clinic with Rick Lewis (phonetic). We had talked to him before, and we were going to use their patients and follow the plasma amino acid changes. It's easy. It's fast, and they are sampling the patients anyway, because they are on Riluzole, which is a drug which basically doesn't work, frankly. It's a drug which makes very little difference in the life of ALS patients when it is used. So we were going to piggyback on his clinical research. The idea was we needed MDs. We 45 (Pages 403 to 406) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 407 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A needed patients. Once we had that we were going to submit a grant on in fact a clinical study. As I said, on the day Bill went down to give his grant in to the Human Investigations Committee, we found the clinic was dead. When did you first ever submit a grant to NIH? Oh, I have no idea. When I first came. Several times? Oh, yeah, when I first came. I mean, this notion that I heard here was, "Well, it's easy to get a grant. You get a grant, you give it to NIH, and they improve it." It comes back and they say, "Oh, Richard, you know, the experiment really is no good. It's going to need data," and I keep sending it in and I keep getting corrections. Let me tell you. Everyone here knows. You send it in. You usually get nonsense back. You get things which in total are not helpful to what you are doing. (At 2:56 p.m., Respondent's Exhibit 9 marked) (By Mr. Gregory) Will you please look at Respondent Exhibit 9 for identification? Yes. This is a grant application. Page 409 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 submitted somewhere in October, I think. It was not granted? No. I got some reviews, and I can tell you what the reviews are. Q Yeah. A The reviews were amazing. One guy or gal--I have to use "gal" because I don't know--said, "I don't believe it." That was the end of the review. You can say, "I don't believe it," but you have to say, "I don't believe it why." Another person said, "I think there is something wrong with the strains." What was wrong with the strains? I have no idea. The problem is that it is entirely novel. It's written in a bad way actually. It's written for an expert in yeast genetics. I got back reviews that show that people not only didn't know yeast genetics, but told me that I didn't know how to do yeast genetics. They were going to help me do the basic crosses and I had learned something from them, things that we do for graduates in the first day in class. If you look at this, there are many crosses, so the notion that I couldn't do crosses is kind of absurd. It went to people who knew nothing Q A Page 408 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A When was this made in regard to your research? Well, this is new research, unfortunately, and once again I'm changing my focus. Why? Because I can't do the ALS work any more, so I'm back to yeast, and I'm back to using some other data. There has been a lot of interest in these times on genetic changes which are not really base changes in genes, but changes rather in the association of chromosomes. In this grant application, I show for the first time that in yeast there is this nomical (phonetic) transvection, where genes move around and change expression on different chromosomes. MS. GALANTE: Can I do a voir dire on this exhibit? MR. GREGORY: I haven't--let me finish, please. MS. GALANTE: Okay. (By Mr. Gregory) What is this exactly, this application? This is an application on a new observation about yeast genetic changes. When was it made? Well, I had an NSF in before this, but this particular one was probably--I don't know. It was Page 410 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 about yeast genetics, and went to people who were not qualified to comment on any of these experiments. Usually we get back a comment on an experiment, and usually if they would reject a grant to say, "Not enough preliminary data," because there is never enough preliminary data, or if you propose Experiment A instead of Experiment B that is in the grant, even though Experiment A and Experiment B are essentially the same, that is a matter of taste. I didn't even get any of that. I had only one comment on a particular experiment when they said, "This is a very difficult experiment. It may not work." That would be great, except for the fact that when I wrote the experiment I said, "This is a very difficult experiment. It may not work, but I think we can make it work." So all I got was a reiteration of what was in the grant. Okay? So Von Hemerals (phonetic) once said that if you have something novel, the first time they tell you it's wrong, the second time they tell you it's wrong it's right but it's not interesting, and the third time they tell you it's interesting, right, but someone else discovered it 46 (Pages 407 to 410) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 411 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 first. So I'm still trying to get this thing accepted. I need to re-write it. I need to make it less forbidding, but I put it here to belie the notion that I do no intellectual work. Okay? MR. GREGORY: All right. We offer 9 in evidence. CHAIRPERSON STATHAM: Ms. Galante? MS. GALANTE: I'm just trying to figure out when this--I can't--there is no date on it, so I'm trying to figure out-THE WITNESS: It was submitted in October, 2016, I think, to NIH, but when I prepared it--well, I prepared it before that. MS. GALANTE: 2016. I'm comparing that to the list I have. THE WITNESS: Maybe it's this-MS. GALANTE: Your grant application. I'm just trying to sort through, but if you are saying it was submitted-THE WITNESS: It was submitted. MS. GALANTE: Then I have no problem with it. THE WITNESS: And it's in stasis now, because I can't get myself to work on it, given the Page 413 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: No, I'm not admitting it's incomplete. CHAIRPERSON STATHAM: Whether it's complete or not is something else. THE WITNESS: The biographical information would be in there, in my NIH thing which I submitted, the sign-offs by the--you know, bureaucrats here and so on. CHAIRPERSON STATHAM: It's in. (At 3:01 p.m., Respondent's Exhibit 10 marked) Q (By Mr. Gregory) Doctor, I show you Respondent Exhibit 10. Can you identify it and describe what it represents? A I can. Since I was told in the charging letter that I had no publications in 13 years, I decided to put some of the publications that I had in 13 years. I didn't put complete copies of the earlier ones, but I put complete copies of the four ALS papers, four MSO phenylbutyrate papers that I had. So these are the papers all in a single area, regardless of what people are saying about it. One is on liver failure. Two are on ALS, and one is on something else, glutamine synthetase in the Page 412 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 nature of these hearings. I'm just not psychologically ready to change this thing. CHAIRPERSON STATHAM: It is admitted as Respondent's Exhibit 9. It's the NIH grant application. (At 3:00 p.m., Respondent's Exhibit 9 received) MS. GALANTE: Could I ask one more question about this? What is the title of this grant application? THE WITNESS: Good question. It's-unfortunately it's in the packet. MS. GALANTE: It's what? THE WITNESS: It's in the packet of its submission. I didn't put the cover pages from that. It should be there, called "Transvection..."-MS. GALANTE: I guess I object to it because it is an incomplete grant application. THE WITNESS: Well, the parts that you want don't tell you anything. I mean, you know, this is essentially-MS. GALANTE: So you're admitting it's incomplete? CHAIRPERSON STATHAM: I will overrule you on the basis that it's a grant app. Page 414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 brain. And were they published in refereed journals? Definitely. I don't understand how they decided that I don't publish in refereed journals. I never publish in anything else but refereed journals. MR. GREGORY: We offer 10 in evidence. CHAIRPERSON STATHAM: Ms. Galante? MS. GALANTE: I have no objection. CHAIRPERSON STATHAM: It is admitted, Respondent's Exhibit 10. "Publications in Refereed Journals" is the title. (At 3:03 p.m., Respondent's Exhibit 10 received) Q (By Mr. Gregory) Please direct your attention, Dr. Needleman, to your Rebuttal of the charges that were made against you by Dean Sobel. MS. GALANTE: Is this a new exhibit? MR. GREGORY: It's an attachment to our Answer and Rebuttal. CHAIRPERSON STATHAM: Do we have a copy of that? MR. GREGORY: Yes, you do. You got that when we started the hearing. CHAIRPERSON STATHAM: Okay. Is it a Joint exhibit? Q A 47 (Pages 411 to 414) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 415 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. GALANTE: No. No, no, no. I have a number of things I want to address on that exhibit. MR. GREGORY: It was submitted as a pleading, but if you wish we could make it an exhibit. CHAIRPERSON STATHAM: All right. I just wanted to check. Okay. MR. GREGORY: Does everyone have it? CHAIRPERSON STATHAM: Yeah. MR. GREGORY: All right. Excellent. MS. GALANTE: Just can you give me a minute to find my copy? MR. GREGORY: No. MS. GALANTE: No? You don't happen to have an extra copy. Right? If you have it. I can't find mine. Are you offering this as an exhibit? MR. GREGORY: No. I don't ask for it to be an exhibit. It's a pleading, but I'm going to use it in testimony. MS. GALANTE: I guess--I mean, I know he's not offering it, but he is planning on using this for the testimony, and it's just replete with hearsay, so he has already given that to the Committee, which I had no idea. Page 417 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A label it as an exhibit? MR. GREGORY: Let's make this Respondent 11. MS. GALANTE: Since you're referring to it. CHAIRPERSON STATHAM: All right. MR. GREGORY: And it's entitled, "Rebuttal of Charges, a Brief Brief by Richard Needleman." CHAIRPERSON STATHAM: Okay. It's in. (At 3:06 p.m., Respondent's Exhibit 11 marked and received) (By Mr. Gregory) Do you have your Rebuttal in front of you? I do. Which now is Respondent Exhibit 11. I'm sorry for shouting, but I'm not used to this thing, and I'm very nervous. CHAIRPERSON STATHAM: That's okay. Keep shouting and we can hear you better. THE WITNESS: It's very strange. (By Mr. Gregory) Directing your attention to the first page, will you tell the Committee how you happened to compose the chart or graph that is-Yes. In fact we have materials that show how I calculated the chart. We have backup materials Page 416 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It's one thing to submit a pleading, but this is an 11-page document written by Professor Needleman that is just full of hearsay upon hearsay upon hearsay. So I object to this being considered by the Panel without some foundation. CHAIRPERSON STATHAM: Mr. Gregory? MR. GREGORY: I don't know where the hearsay is. He is responding to specific charges by Dean Sobel. MS. GALANTE: He talks about other people's records in his department with no documentation of who they are, how he got that information. He talks about another case where he claims the University did certain things, which he has no first-hand knowledge of. There is tons of information in here that is very objectionable. CHAIRPERSON STATHAM: I'll admit it for what it's worth, and you can ask him about it on cross. MS. GALANTE: Okay. Are we going to label it as an exhibit then so that-MR. GREGORY: We can. Apparently that-CHAIRPERSON STATHAM: Are you going to Page 418 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 taken down from the lab that we can give you, but the purpose of the first chart is to show-You know, I saw yesterday they are saying I had only two papers in the last four years. Fine. The papers will be financed by Bill. Bill is financing them. I think they are good papers. I will spare you going into why I think they are good. A lot of information we have in there, but the question really is, how does that compare to other people in my department? According to Dean Sobel's letter--and I quote: "He has established a 13-year record of no original research of any kind." No original research of any kind, but then he says: "...and only one publication as first author." So somehow I have no original research, but I also have a publication as first author. His entire letter is contradictory and filled with falsehoods, and you can find my--you have before you a list of some of my publications during this time period. The idea here is to look at the recent period since 2010. You cannot distinguish me, my 48 (Pages 415 to 418) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 419 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 record, from any full professor who has not been targeted by Dean Sobel. Okay? I have had four publications. You could argue I had five, but I omitted the publication which essentially is trivial. I have my papers. These papers are only in 2010. Someone said that, well, you know, citations in the past don't mean anything, and if I was famous once I am no longer famous. You know, I have no standing because on notice I haven't published recently. MS. GALANTE: I guess I'm objecting to his mischaracterization of Dean Sobel's testimony. THE WITNESS: It's not Dean Sobel. MS. GALANTE: Who are you referring to? THE WITNESS: Delaney-Black. MS. GALANTE: Oh. Well, I object to your characterization of her testimony. I think it's a misrepresentation of it. CHAIRPERSON STATHAM: I'll let him answer. THE WITNESS: No. She said in fact-MR. GREGORY: No, no. Just--there is no standing to object to that testimony. CHAIRPERSON STATHAM: I'll let him answer. Answer the question. Page 421 experimentation. He bought all the mice, and we started, and we had four or five years without publications. This is true. A mouse experiment takes us close to eight months. We didn't even know the dose of this drug. A yeast experiment takes three days. An E. coli experiment takes one day. So we had a section of our work that we did not publish, but this is the purpose of tenure. Okay? I'm a tenured professor. I should be allowed to choose my own research and fund it and go in the direction I want to and not be told it's nonproductive and I'm not bringing in grant money. I can do research without grant money, external grant money, because Bill was providing it. This equation of grant money with scholarship is nonsense. The tenure track is in fact safe. Grant money cannot be substituted for scholarship. Scholarship is the product of scholars, I guess. It is the only way of judging scholarship, not money brought in. Money is not even a tenure factor for tenure in the first place, so how it could be a factor for continuing tenure is beyond me. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 420 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: No. I was told that, "Well, you know, Richard, you had a lot of citations. You were famous once, but now you are sort of a burn out. You haven't done anything lately." Yeah, "We can say that you were a famous scientist in your reputation, but you are not really a famous scientist because you're only as good as your last five years, and the citations in the last five years." That is nonsense, of course. However, this is a chart only of the last five years. These papers were written and published in the last five years. My record is not distinguishable from anybody else in my department who did not receive a letter. So how I am deficient in the last five years I don't know. Earlier, yes, when Bill and I changed fields, he from E. coli and me from bacteriorhodopsin. We knew we were not going to get a grant. First of all, we had no preliminary data. Bill and I had never picked up a mouse. I didn't even know how to sex mice. I had no idea how to feed them. I had no idea about anything. Bill paid for our early Page 422 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Hold it just a moment before we leave Table 1. (At 3:11 p.m., Respondent's Exhibit 12 marked) Q (By Mr. Gregory) I show you Respondent Exhibit 12 for identification. Can you identify it and tell the Committee how does it relate to Table 1? A Yes. I purposely omitted the names of the professors in Table 1. I don't believe the number of grants--sorry, number of citations and number of papers has any bearing on the quality of the work, including high citation numbers. I did some--I might as well comment on this now. I did some very nice work, I thought, on the MAL system. It got very few citations. It's essentially a system which is not of interest to many people. I thought the work was quite good. I did some other work where I got a lot of citations which is more generally useful. There is no question that citation numbers cannot be used to dilate people. The only thing that they say, if I have a lot of citations--and I do--the only thing that it relates to is the fact that my work is of interest to a lot of people. It relates only to international 49 (Pages 419 to 422) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 423 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A reputation. So if I have a lot of people citing me, I have an international reputation. If I have more citations than Linda Hazlett, I'm not necessarily a better professor. I'm not necessarily a better scientist. It doesn't relate at all to individual qualities, okay, but in order to prove that this table is accurate, I simply--this is simply my count. It's a download, and it's a hand count of how I did the table entries. Unfortunately, you can see the names of professors in this download, and the same thing is true of Table 2. What is the difference between Table 1 and 2? Table 1 has only the people who weren't cited either for dismissal procedures for full professors or for the other procedure, Article, what, XXIV? Whatever it is. The second table I put down everybody. Everybody in the department? Who have not received dismissal letters only, so in other words-MS. GALANTE: In which table? THE WITNESS: It's the second table. MS. GALANTE: Oh, you're referring now to Page 425 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRPERSON STATHAM: Mr. Gregory, did you admit--move to admit--oh, it's in. I'm sorry. MR. GREGORY: Was 12 admitted? CHAIRPERSON STATHAM: Respondent's Exhibit 12, was that admitted? MR. GREGORY: Apparently not. I do. CHAIRPERSON STATHAM: Do you want to move that for admission? MR. GREGORY: I move it, please. CHAIRPERSON STATHAM: Ms. Galante? MS. GALANTE: Well, I object to the validity of it, of the source, Google Scholar. There is like tens of sources where you can search people's h scores, and they will all be somewhat different, and it's controversial in that regard. So I don't see that this has any validity, so I object to it in that regard. CHAIRPERSON STATHAM: Okay. Overruled. You can argue that in your post-hearing brief. It's admitted. (At 3:15 p.m., Respondent's Exhibit 12 received) THE WITNESS: The question is not h scores here. It's simply citation numbers. MS. GALANTE: Oh, I'm sorry. Page 424 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 which document? Just so I'm-MR. GREGORY: His rebuttal, page 2. THE WITNESS: Yeah. I basically tried to show that I'm not the worst professor in the department, and in terms of reputation I have, you know, an international reputation. It doesn't try to show that I'm better than anybody, and you might think I'm saying this only because I want to be nice and please the Committee. There may be something to that, but I actually genuinely believe that. It doesn't say anything at all. We have a great--well, we have a very good Associate Professor in our department who is exquisitely--I won't say him or her--but does exquisite small scale work on topics which people probably are never going to be interested in. He or she will never generate high citation numbers, but he or she is a superb scientist, and is not likely to do very well at Wayne State as it is constituted right now. Q (By Mr. Gregory) Direct your attention, please, to the charge that you engaged in minimal teaching activity, and explain why you disagree with that claim. Page 426 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: But you are absolutely right, Ms. Galante. You're absolutely right. You can go to other sources and you can find differences. You can find differences in h numbers, but they are basically small. If someone has 7,000 citations and your next search is not going to find 300--you know, this is the best I could do. I couldn't search every one. If you have a name that is difficult to search that wasn't at Wayne State, I'm not trying to say anything about the quality of these people. I tried to disguise who they are, but in the documentation you will have to see their names. I had no choice. MR. GREGORY: Very well. It's in. Q (By Mr. Gregory) Let's move now to the claim of minimal teaching activity. A When the department was Molecular Genetics, I taught a lot. I had a special course with Bob Akins, and as Barry got rid of the molecular biologists, the protein chemists decided they weren't interested. They weren't interested in Molecular Biology, so they started cutting my courses. I'm still interested in teaching, but if I were to ask 50 (Pages 423 to 426) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 427 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the department to actually institute some new courses, I would not succeed. The idea is to keep the course numbers small. We have only 14 students. Only four are currently taking courses. If they were to give me a Molecular Biology course, it would mean that some students might get interested in Molecular Biology instead of Protein Chemistry. Okay? I've taught everything I have been asked to teach. I have volunteered every time they would ask me to volunteer, except for Sharon Ackerman asked me recently after I got my dismissal letter to volunteer, and I was not disposed to volunteer for teaching under those circumstances. So I teach as much as I'm asked. I've never refused a teaching assignment. I don't know what I'm supposed to do. I have some courses I would like to teach that I'm thinking about. I'd like to do a history of Molecular Genetics, starting with E. coli genetics, very early, and then switch to CRISPR, with yeast in between. I'd like to do a historical study. I would like to teach a statistical study where we Page 429 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 thing is, even though I have no service and it has been this way for some years, my service scores jump all over the place in the Salary Committee. I'll leave that to you to understand why. It means that there is an incredible amount of noise, and people should be picking out numbers, because my status hasn't changed. The status--the Salary Committee should give me the same score. It may be a bad score, but the same score each year. They don't. It jumps all over the place. Q You didn't apparently impress Dean Sobel about your research. He asserted that for a decade your research efforts have been mediocre to very low. A Okay. I would like him to come and test him--read my papers. You have four of them here. Ask him about this. Read the bacteriorhodopsin papers-which he can't. He can probably read the ALS papers. They are written in simple language. He can't read anything else, but let him come here or get some expert to say, "Well, Needleman, you know, you published, but it's crap." I'd like when we do a review of faculty not to rely on the Salary Committee, which never Page 428 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 look at drug papers and other papers to look at abnormalities, a statistical analysis, and teach our students how to read a paper properly, but I have no control over teaching assignments. Q You are also charged with a virtual absence of service. What is your response to that? A Once again, I've run--how do I avoid service in my department? There is only one way. I can refuse to run for election. I've never refused to run for election. I just recently ran. I may have won. I have no idea. Probably not, but the protein chemists vote for the protein chemists, and the molecular biologists used to vote for molecular biologists, obviously, for friends. So as the department changed, I have run every time, and I haven't won. How this is a personal failing is beyond me. I can't do more service. Now you'll say, "Well, you should have run for the Faculty Senate here." As you can see from my testimony today, I'm totally unsuited to run for Faculty Senate. I don't relate easily. I'm totally unsuited. I don't have the personality necessary to be a senator, so it is what it is. The strange Page 430 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 looks at your papers. I'd like them to be able to take these papers, take a look at them, read them, decide whether they are substantive, decide whether it is novel or not. I claim that these four papers have novel ideas. Do I claim they are great papers? Probably not. Are they going to change biological science? Probably not, but maybe. Maybe if we can modulate glutamate in the brain and glutamine in the brain without consequences, doing this actually you can extend the lifetime of the ALS mouse, but also of the Alzheimer's mouse. You can also improve memory using phenylbutyrate. So these drugs have a role. There are also some problems with using these as drugs among--but it is not colorless research. There is a phrase in Catalan where they say, "He has the color of a dog running away," which means he is colorless, and in fact these are not colorless papers. They have a point of view. They have substance, and they have--they are human products. I don't know how good they are. It's too early to tell. 51 (Pages 427 to 430) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 431 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q I'm not going to be claiming that these are wonderful papers, but they are scholarly papers done properly. Did any administrator discuss the nature or status of your research? They are unqualified to discuss it. Okay? They're not scientists. Correct. Tell me who is going to read the bacteriorhodopsin papers or be looking at FTIR. Did anyone come to you and offer to-Of course not. They're not interested. No? They don't care whether in fact--what the content is. Okay? They care only that it exists, or even not that, that I have grant money for it. There is no interest in whether the research I did was good, bad or indifferent. Has anybody ever been fired for doing crummy research anywhere in academia? I doubt it. As long as you do something, publish something and get money, they're perfectly content. Proceeding with the Rebuttal, what is your response to the other allegations of the charge, that essentially for ten years you have been very Page 433 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 No, but Bill Brusilow spent hundreds of thousands of dollars doing this, and to be told that that money doesn't count for anything, that we need grant money for overhead is absurd. Well, it's not absurd, but it's rather troubling. So to answer the question, five years nothing in terms of papers. Next five years, yes, to the present time. MR. GREGORY: Just give me a moment, please. (At 3:22 p.m., Respondent's Exhibit 13 marked) Q (By Mr. Gregory) You are being shown Respondent Exhibit 13 for identification. Can you state what it is and explain what it purports to represent? A After I wrote the Rebuttal, I realized I needed documentation for the tables, so rather than put it in the Rebuttal itself I decided that I should put it in an appendix. It starts by telling how I compiled Table 1, how I compiled Table 2, and I talk a little bit about the h-indexes. I don't want to offer this as an h-index. I really don't. It's not a mark of scholarship particularly. It's a mark of arriving--well, actually Page 432 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A inactive and unproductive? It's false. I mean, the first five years I explained. We had been active, but we didn't publish any papers. We didn't know the system, and we were essentially ignorant of everything about a mouse, how to use them. In fact, we set up the experiments slightly wrong. What we did was we looked at end point of death with some of these experiments, which means the mouse's lifespan is when the mouse dies, but how does a mouse die? We're not allowed to let a mouse die. We have to use the veterinarians. So there is a certain noise in the experiments to determine the time of death. It's blinded. The veterinarian decides this mouse is in too much distress and it's essentially dead. So we have some other tests for grip and some other things that don't involve death when we did that. Five years went by. We did work, and the sixth year we published, and since then we have been publishing on this. So, you know, do we have ten grants? Ten graduate students turning this thing out? Page 434 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it's not arriving, but of fame in some ways, how many people look at your work. It has little to do with the quality of the work. You can do small scale work that is exquisite, have a low h-index, and it should be perfectly fine, but once again, I was asked about international recognition, and a high h-index does show international recognition. There is no way of saying it doesn't. MR. GREGORY: We offer 13 in evidence. CHAIRPERSON STATHAM: Okay. The appendix to the Rebuttal is offered. Ms. Galante, objections? MS. GALANTE: No objections. CHAIRPERSON STATHAM: No objection? It's in. (At 3:25 p.m., Respondent's Exhibit 13 received) Q (By Mr. Gregory) Have you in the course of your career been involved internationally? A Yeah. I mean, my mitochondrial genetics work not only got me a major lecture at Cold Spring Harbor. I was a graduate student, and the $500 honorarium was absolutely incredible. My girlfriend and I lived on that for a 52 (Pages 431 to 434) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 435 couple of months in Brooklyn. I chaired international meetings. I chaired mitochondrial meetings. I chaired international retinal meetings with Don. When I say "chaired," if I chaired a 500-person session, not a small session of it. I toured China on the invitation of Wei Yue. Wei Yue is the first woman in China to actually get a Ph.D. She got it in Japan. She invited me to tour Nanjing, Shanghai, Hangzhou. I spent two weeks in her lab, talking to the people there about bacteriorhodopsin. It was in the 1990s, and the Chinese did not really speak English. My Chinese students gave me a series of Chinese slides, which I put up. I knew what they were, what was on it. I mumbled something in English, and they were able to follow what I did. I toured Japan twice. I went to Hokkaido, Tokyo, Osaka, Spring 8, which is the Syncotron, Himeji. I think probably that's it. I spent the time lecturing. I spent time in people's labs. Both trips were sponsored by the Japanese government, so I have international recognition, if that is the question. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 437 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 patient activity. Hopefully we have some good results. Okay? That was the basic plan. Bill was willing to spend once again hundreds of thousands of dollars. Bill may be appearing before your Committee soon. Despite spending hundreds of thousands of dollars on his own research, somehow he is ready for dismissal. Q The Dean also asserts that you had only four grant applications in the last ten years. A Okay. Actually that is false, but it's not Jack's fault. Okay? What it is is, the many grants we write, a five- or six-page pre-grant, submit it. They read it, and then they decide whether in fact they want that full application. I had about six or seven of those, to Karmanos, to DLE, to various other places. They are not in my C.V. As stated, my C.V. seems to be rather deficient. I'm not interested in polishing my C.V. There is no reason to put those things in. They are failed applications, but we looked at some other applications, some other places, and we did submit. We tried to submit, but he's right otherwise. Q What is your response to the Dean's claim of lack of Page 436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q What is your response to the Dean's assertion that you have not had a funded grant for 13 years? A That is absolutely true. I mean, I can't--I have not had a funded grant. We could never get funded for the MSO work. Why? First of all, we're too old. I know this comes as a shock to people on this Committee, but Bernie Sanders was my classmate, which means we are about the same age. We have no experience in--if you look at the exhibit that talks about the nature of switching fields, you are not going to get an NIH grant when you have never had a publication in a particular field. It's impossible. It's hard enough to get it when you are, okay, in that field. We have no track record. We have no experience. It was foolish to even try, and we had no preliminary data, frankly. The mice experiments took so long that we had no preliminary data until the fifth year. We started publishing, and the plan was, once again, to go into human trials with the ALS clinic here and use that to get our first clinical grant, and then to build on that, on that track record. We would have data. We have clinical Page 438 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 significant publications and the fact that you were listed as middle author? A Okay. This is complete nonsense. This may work in clinical trials. In fact, Jack is not the first author on any of his papers. There is no reason to think that the senior author is the one that did the experiments. In my cases, Bill and I collaborated for the last, oh, ten years. Bill did much more on the liver paper, both intellectually and in terms of real work than I did. I worked mostly with the graduate student when he came back. Bill is senior author. I did much more work than Bill did on the ALS amino acid paper, working with it. Bill is senior author. Why is Bill senior author? He funded the work. It's very simple. I've often had cases where I've done 80% of the work myself with a technician. My colleague, Corinne Michels, had a student who did maybe 20% of the work. What did we do? Did I appear first on the paper? No. The student did. We wanted to give the student first authorship of the paper, often the first time they ever had first authorship. This is what we do. Should I appear at 53 (Pages 435 to 438) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 439 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the back as prime author? No. The student is Corinne's author. So it was the student, me and Corinne. It says nothing about who did most of the work. It says nothing about prestige. Clinical scientists may do this if they look down. They say, well, you can put asterisks on it and say an equal thing. That's pretentious. I'm not worried about what people think about how much work I did on a paper or not. No one cares. You know, if my name is on a paper, they will come up to me and ask me questions about it at any meeting. They are not going to say, "Well, you're not senior author. We're not going to talk to you." It's complete nonsense. Q Has your chair ever directed you to engage in particular research or other activities that you declined? A I have not said a word to my chair in 20 years, 10 years, since she has been chair. I think I had a very brief conversation once, maybe two years ago. Okay. Q Have you received instruction from the Dean or Vice or Associate Deans? Page 441 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 hypothesis was that this was chromosomal interactions, chromosomes talking to each other, but when we did this there was no technique at all that we could confirm this. Athar works in fact exactly on this. In the last five years these techniques, looking at chromosome associations, have become prevalent. My idea for this is I would like to work with Athar on this. It's a good collaboration, equal collaboration, and I would like to teach him the MAL system. The MAL system is a very strange system. No one works on it. There is all sorts of hidden lore. It's even difficult to get phenotypes in this system. There are all sorts of strange things that happen. I would like to give it to Athar, and when the time comes to retire, you know, the MAL work will go on, and we will have this. Plus I'll be working intellectually on a topic that I think is extremely interesting. Q Have you declined to participate in the Selective Salary Review? A You know, I just looked, and I have it in my computer for 2015. I don't know if I ever sent it Page 440 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A The procedure they are putting in place, they say, "Why don't you go and get help on your grant?" Who is going to give me help on this very technical grant? There is no one--well, actually there is one guy, Nick Davis, who I may ask for. If I want help on this grant from Nick, I go in and I say, "Nick, will you please read this grant and tell me what you think?" I'm not going to fill out a form that says--my expectation is to get this grant in. I'm not going to give it to anybody here who thinks that just changing some of the technical comments or the boilerplate is going to make this grant go. This grant needs a big revision to simplicity. I know what it needs. I'm going to have to work--if I don't get thrown out, I'm going to work on it. My idea for this grant in MAL and yeast is the following. I'm working with Athar Ansari, who is a major--who is a biologist on main campus. I found out about Athar because I attended this seminar. This work was done awhile ago, but we didn't publish it. We didn't publish it because our Page 442 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in. I did not realize this was a requirement. Well, people will say, "Well, why didn't you read the Factors on page..."--whatever it is. I don't read, you know, things that come from the Medical School. I haven't followed--she is going to--you know, I'm going to get jumped on, saying, "Well, it's professional responsibility. You should read this." You get all sorts of junk, and you know, I don't pay any attention to it mostly, so-Q Any other reasons? A No. Well, no, but I was never going to get a salary increase anyway from these guys. Okay? It's a closed--I mean, outside of my department--I thought about many ways of explaining it to the Committee. I know we have somebody from the English Department and somebody from Spanish. For Professor ZeWinters I would say, suppose you are in a department where everyone is post-Modern, and they are doing Therida (phonetic) and Foucault (phonetic). You come in, and you decide you are going to do the Spenser's Faerie Queen, the role of the masque, and your critics are Epson (phonetic) and 54 (Pages 439 to 442) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 443 Rosemary Touf (phonetic). You're not going to feel very comfortable. They may be very nice people in your department, but even so they are on the outside. That product, by the way, was chosen by my wife, so it's not a strange topic. So let's say suppose you are in the Spanish Department and they are all-DR. FERRER: We don't have a department chair. THE WITNESS: Okay, but suppose you are in a Spanish Department where people are doing literature, comparative literature, and everyone is doing a Capparano Navaka (phonetic). They are doing Vega and you decide, well, you know, you are going to do Neruda (phonetic). The problem is that most of those guys, older professors, are very nice, but they're sort of maybe philanthropists, and they sort of--they are against the republicans, and doing Neruda is not so great. Suppose it's even worse than that. Suppose you decide to do Lorca, who was murdered by Franco. Lorca was gay and a leftist. That's even worse. Suppose it's even worse than that. Suppose 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 445 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A administrators." MR. GREGORY: Just a second, please. (By Mr. Gregory) At any time were you offered the opportunity to engage in what we call "expectations," in short, a form of mentoring? Not as far as I know. Did you have any discussion whatsoever with your chair regarding the charges? Once again, I've only talked to my chair maybe three sentences in the last ten years. She's not a chair. She is an Emergency Manager. Okay? Chairs are elected and represent the faculty. We haven't had such a representative in eight years. After the meeting with the Dean and his company on May 23, was there any further contact from the Dean's office regarding your performance? Not that I know. Not with you directly? No. Were you at any time told that you had to be productive with respect to grant funding, and if not-No, but obviously I want to get grant funding. I don't want Bill who is paying too much money for Page 444 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you were going to do Catalan. You want to do Montalban, and look at things like "The Pianist." You are going to look at the--not detective novels of Montalban and decide how they tell us about post-Franco Spain. You are going to be outside that department. I'm the same way. I do the prevalent work. Molecular Biology is much stronger everywhere than Protein Chemistry is, but I'm on the outside. I'm the same way. People are nice, but we have nothing in common. Q Doctor, have you been told by any administrator what academic assignment you have not performed competently? A No. My life is trying to figure out how things work, do this, do my work. I don't talk to administrators. MS. GALANTE: I'm sorry. I didn't hear that last answer. "I don't what?" REPORTER: To administrators. "I don't talk to administrators." MS. GALANTE: Oh. REPORTER: "My life is trying to figure out how things work. I don't talk to Page 446 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A A Q A Q A this stuff. REPORTER: You didn't have a full question. You got cut off. MR. GREGORY: I got cut off? REPORTER: "Were you at any time that you had to be productive regarding grant funding..."-(By Mr. Gregory) At any time? No, but it's understood. But of course you are willing to apply, if you-Well, I'm trying. You know. Yeah. I'm trying to get funds for this yeast project. Here we have a lot of preliminary data. I think it is very interesting data. Will we get it? It's very difficult. It's very difficult because the subject matter is so bizarre in some ways. It's very difficult because NIH is difficult now. I'll do my best. MR. GREGORY: I have no further questions at this time. CHAIRPERSON STATHAM: Cross? MS. GALANTE: Yes. I'm ready. This may be a little awkward because I'm right next to you, so I'll try and slide down a bit. 55 (Pages 443 to 446) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 447 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: I won't bite. I'll watch-MS. GALANTE: Well, I didn't mean that. I just meant in terms--I don't want to feel like I'm in your face as I'm questioning you. THE WITNESS: I'm not dangerous. MS. GALANTE: So I was concerned about me, not you, being the dangerous one. CROSS-EXAMINATION BY MS. GALANTE: Q Professor Needleman, would you agree with the statement that tenure carries both rights and responsibilities? A I don't know what it means. Q You don't know what that means? A Tenure is a legal contract between the Union and the University. That's what tenure means. Whatever tenure means, it's a legal question. Q So you don't believe that as a tenured faculty member, this is that you have tenure, not the Union? A My tenure resides, as far as I understand it, in the Board of Governors, and the Board of Governors' statutes. I don't know what-Q But I mean, the tenure is granted to you, not to the Union? A Yeah. Whatever rights that tenure has are granted Page 449 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A I am going to ask you to take a look at Article XXIV in the contract, that first paragraph, and read that for us. (Reading): "The duties of faculty shall be reasonable and fair and shall reflect teaching duties, research activity, creative professional activity, and service to Wayne State University." So I used the term "responsibilities." Would you agree that "duties" means the same thing? Well, sure. I should teach. I should do research, and I should do as much service as possible. So you admit that as a tenured faculty member you have duties or responsibilities? As a faculty member. Okay. Do you believe tenure is an indefinite entitlement? I believe that once--that tenure can only be revoked for a cause, moral turpitude, other causes as is traditional. I don't believe that there is a continuing tenure notion that the tenure factors can extend indefinitely. You get tenure today, and the same Factors can be used tomorrow to deny me tenure, which seems Page 448 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A to me via the legal apparatus that we have at Wayne State. So you recognize that as a tenured faculty member you have rights? I have rights. That is according to statute, whatever the statutory rights are. Okay. I'm not asking you to define what those rights are. I'm just asking you do you recognize that you have rights as a tenured faculty? Well, clearly I have rights. Okay. Do you recognize that you also have responsibilities as a tenured faculty member? I have responsibilities as an intellectual. I'm a scientist. It's not as a-I'm not--again, I'm going to stop you for a minute. You're not answering my question. No. Then, no. There are no particular responsibilities as a tenured faculty member that are not in the contract or are my legal obligations. I mean, if it's in the contract, then yes, but if it's not in the contract, then no. Okay. Then let's go to the contract, and so you have no responsibilities other than what is set forth in the contract is what you're telling us? Well, no. Page 450 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to be the position of the University. Q So you understand that the Board of Governors' statute that we're talking about here today, which is an exhibit in this case, defines the adequate cause for tenured faculty in this University? A Q I imagine it does. What it means, I have no idea. Do you agree with me that the standards at this University for a tenured faculty member are excellence in teaching and scholarly activity? A Q If that's what it says. So if that is what it says, you're not disagreeing with that. You have been through how many yearly Selective Salary Reviews, would you say? A Q I have no idea. You have no idea, but certainly at least ten to 20? It's required by contract. Correct? A Q I still have no idea. So you have never opened the contract and looked at it? A I have no idea about how many Selective Salary things I have been through. Q Would you agree that you have been through one every year that you have been here? A Probably not. Q Probably not? When would you not have been? 56 (Pages 447 to 450) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 451 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q Probably when I decided that there was no point going through one, because I was never going to get it, but I also did not know that it was a requirement, so-Okay. So you are not aware of the contract requirement-No. I wasn't at that time. I am now aware of it. You are now aware of it since this hearing? Right. I was amazed, actually. I thought that in fact you could skip it, and if you skipped it three times there was something that would happen, but maybe--I have in fact the 2015 on my computer, ready to go in. I don't even know whether it went in or not. However, I got some Selective Salary scores, which suggest to me that in fact I have put in Selective Salary. Are you familiar with the School of Medicine Factors that has been marked--the School of Medicine Promotion and Tenure Factors for faculty? I think I know the first one about scholarship. I don't know the others. Okay. So I'm going to show you it's Exhibit 5. So you didn't start out as a tenured professor here. Correct? Page 453 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 number of years. At year X plus five, let's say, your salary will decrease by a certain amount. At X plus ten it will decrease even further. Okay? Your salary is not guaranteed. That is a condition of tenure or employment. Then there are the hard money schools, which don't say that. They say nothing about--you know, the assumption is in fact that your salary will be present, even if you have no grants. The money is hard. Q So if I'm understanding your answer correctly, you are saying it's your understanding that Wayne State University has never penalized a faculty member by a salary reduction if they don't have grant support? A No. Wayne State University may have done a lot of things, legal and illegal. I'm saying simply that there is a contract. I don't know what the legalisms are, but there is a doctrine called something like implied covenant of good faith, good will and good faith, good faith and good will, which means that you can't make up things after the contract. I came here only because it was a hard money school, and you can't all of a sudden decide Page 452 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q A Correct. You started out and worked your way through the process of becoming a full professor and a tenured professor? Correct. And that process is dictated through the Promotion and Tenure Factors for faculty in the School that you're in. Correct? Yes. And it spells out in detail what those factors are. Is that correct? Well, I assume it does, yes. You have never read that either? Well, it has been a long time since I had to worry about whether I got tenure or not. When I was preparing my packet, I'm sure I read it. And you are a Research Educator? Seemingly. So you made a statement on your direct examination that you had no idea you would ever be required to have funding. You would have not come here if you knew that was a requirement? No. I have stated the fact that there are two kinds of medical schools. One, you sign a contract which says you will get your salary, full salary for "X" Page 454 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q Q A that, well, it's not really a hard money school. I have to support my salary on my grants. So you are saying that Wayne State University can never change anything? I'm not legal. I-I'm asking your position, that they can never change anything in this school over 40 years of your tenure? I'm completely in ignorance. MR. GREGORY: I'm going to object. It's argumentative. It's argument now. CHAIRPERSON STATHAM: I'll sustain that. MS. GALANTE: Okay. I will withdraw the question. (By Ms. Galante) So going back to the last page of this document, which I will-MR. GREGORY: What document? MS. GALANTE: The one we were talking about, the Factors, Exhibit 6. (By Ms. Galante) Page 15, am I correct that this document states what the expectations are in order to get tenure in the first place? It states what Jack Sobel thinks the expectations are. I have no idea whether it's a legal requirement. I have no idea about the contract. 57 (Pages 451 to 454) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 455 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A You have to ask Charlie about whether these are legal requirements, or whether they just made them up. He can tell me that I need 30% of my grants, my salary, you know? I cannot answer legal questions. I'm completely ignorant. So you consider it a legal question? Yes. All tenure--all contracts are legal. You provide salary for certain benefits. MR. GREGORY: There is no question. Just wait for a question. (By Ms. Galante) Okay. So am I correct in reading this that this document states that there is an expectation for success in competitive external funding on a national level? It may state that, but whether it's true or not and a condition of tenure is something for the lawyers. It's something for the Union. It's not for me to say. Does it also say: "Sustained performance in teaching and service are required"? It can say anything it likes, but once again it's a legal issue for what that actually means. I taught as much as I can teach. I couldn't teach any more. Page 457 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A science, I would be happy to do it. When was the last time you formally mentored a student? Well, Monica Bame, who is actually formally Bill's student. I spent more time with her than probably--Amruka, who worked on the liver paper, I spent a lot of time with her. When? Well, whenever the papers came out, in 2014 and--you can see in the papers. Monica Bame-Is she still a student here? No. She's at U. of M. She has the PhD. So you changed--you voluntarily, which you have the right to do, changed your research focus in about 2008? You know, I'm so bad with numbers. No, it's earlier than that. It was earlier, because Bill and I--let me quickly look at this. I'm terrible--I know. I have to apologize, because there are two things I can't do. One is actually remember names of people, for some reason, and the other thing is actually to place myself in certain timelines, and I'm not senile, but I have not ever been able to do this. Let me see if I can find it. Page 456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A I gave as much service as I could. I ran for everything. You know, you can say--Jack Sobel can say anything he likes in the document. I'm not bound by it. I'm bound by the Union contract and the Union's interpretation. Let's talk for a moment about that service. So you testified you ran for every committee that you could run for, and you were just never elected? That is correct. So do you recognize that there are lots of other ways that a faculty member can do service? For example? For example, scholarly service, review of articles, serve on an editorial committee? Okay. I review articles often, but I don't put them on my C.V. I don't need to polish my C.V. and spend my time on it. Do you recognize that there are--or you can mentor students? Sure. I would be happy to mentor a student, but we have no students to mentor. We have 14 students, four of whom are taking courses, ten who are doing PhDs. I have mentored students as a PhD advisor. I mean, if you have an extra student wandering around who wants to talk to me about Page 458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Was it around the 2004-- A I know that the phenylbutyrate--see, the phenylbutyrate papers were over here where I started working with Bill, so that's 2004 when I worked with Bill. Yeah, 2002. So somewhere around 2002, 2004 we started working on glumatine, maybe a little later, MSO probably later than that, 2006. Q You also talked about the fact that you were going to submit a grant application. A Q Well, I'm going to try to get this-No. The one that we discussed. I'm not talking about what you do in the future, but the one that you discussed that was marked as an exhibit. A Yeah. That has to go back. It has to be revised. I haven't revised it yet. Q Okay. You were going to work--you needed to work in a clinic, you said, because you needed MD patients, and-- A Yeah. We had a research project. We were going to take our last paper which shows the amino acid changes in the ALS patients and ask the question. This is in mice. Do these changes occur in humans? We had evidence that in humans there were changes, but the statistics were so bad that 58 (Pages 455 to 458) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 459 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q you couldn't conclude anything about it. We had certain amino acids that would predict what an asymptomatic ALS mouse was compared to wild life, and we would like to be able to look at drugs that they were using in the clinic and just look at progression in real life patients. That would be a clinical application, and we tried to get funding for that, but only with the MDs in the clinic. Okay, and you said that you could not get Henry Ford interested? They were definitely not interested. They were arrogant, completely dismissive, and the reason seems to be that this is too easy. They didn't want something where you take blood-Well, did they give you a reason? It's hard--this is Medical School. It's very hard to get--it's like the Army. You get reasons, but you are not really sure what the real reasons are. Okay. So did you try going to any other hospitals, any other-No other hospitals have ALS clinics as far as I know. The U. of M. is not a place that I would even try to get something. So there was no place outside of the Detroit area Page 461 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A comparison of yourself to other people in your department. That would be this first chart on Respondent's Exhibit 11? Correct. There is no question yet. So my question to you is, do you recognize, Professor Needleman, that your department--your department, not just you, but one at your department was one of two that were identified by Dean Sobel as being what he considered failed departments? I'm asking you if--it's a "yes" or "no" question. Do I know that? Yeah. Well, without explanation, I can say he says that, yes. You may dispute that, but-Oh, yes. You recognize that he says that. Okay, and how many--not talking about any merger of that department anywhere else. How many people are in the Biochemistry Department, or were? Right now I would--I don't know, maybe ten, twelve. We have lost--we had 25 at one time. People left, Page 460 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q that you could go? Do? No. We have to be present. We have to take the blood if we are going to do the project, and probably it is hard to get people interested outside. So let's turn to Respondent's Exhibit No. 9, this NIH grant application. Who wrote this? Well, I wrote it. You wrote it? I wrote most of it. Athar wrote the last three pages of it. You wrote the last three pages? No. Athar Ansari probably wrote the last three pages. I wrote most of the other grant. It's basically my grant, and Athar basically joined it, but with 50%--we're equal on this grant. And this is not a complete-It's not complete in the sense that it has to have a biographical statement. It has to have a budget. It has to have a cover page. It has to have all these things which are not relevant to the nature of the issue of whether I have done some work or not. Thank you. So you also in this Rebuttal document talk about the fact that you have done your own Page 462 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A so--Parisi didn't support us at all, so-Parisi, meaning the prior Dean? Dean Parisi, right. So of the faculty members that I have listed--I mean, I don't know who you are comparing yourself to. You're listing four professors here, and I don't want to get into names, because I don't think it's appropriate to be using names of people in this proceeding, but my question is, do you have any firsthand knowledge of any discussions that took place between any of the four professors that you list in your chart--you know who they are. We don't--any firsthand knowledge of discussions between them and Dean Sobel? I have absolutely no idea of anything. Okay. That is all my question was. Do you have any firsthand knowledge of how many people in your department were given a letter such as the letter you were given? I can count, and--but I would rather not try. I mean, none of these people I know were given letters of any kind. These four people? That is correct. 59 (Pages 459 to 462) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 463 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. So you don't know whether and what discussions Dean Sobel had with them regarding their performance, because you have already told us that, but of the ones that-So you received a letter, and you have already mentioned your colleague, Bill Brusilow, and you said he is going to be here too, so he has also received a letter? A Correct. Q And he is also subject to a dismissal proceeding. Is that correct? A Correct. Q As for the other members of your department, I can't--again, it's difficult to do this, but you have no firsthand knowledge of whether or not they have had any discussions with the Dean about their performance. Is that correct? A Discussion--well, discussions, no, but I think I know who is getting letters and who didn't. We talked to them. I mean, we talked to people. Q Okay, and you know that you and Brusilow received those letters? A I know someone else, yeah. Yes. Q So you made the comment on direct examination with regard to this chart on the top of page 2 of your Page 465 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 quite long paragraph where you say "parenthetically." Okay? So you make some statements here parenthetically about another faculty member who was, according to your statements here: "Reappointed to the School after his extensive fraudulent scientific activity." So do you have any firsthand knowledge-A Yes. Q And what is that firsthand knowledge? A I'm involved in the case. I have a lawyer, at Honigman and something or other, who is my lawyer in this particular lawsuit that Fazlul Sarkar started against certain people. I'm not a party to the lawsuit, but it's about to be deposed. Hence, I have complete knowledge of what the filings were and what the stipulations were in this case. Q And I don't think I would dispute and you're not disputing that a committee did a research misconduct investigation of Professor Sarkar and found that he had committed research misconduct? A It was a wonderful investigation by Phil Cunningham. It took--okay. It was tremendously done. Q All right. So the investigation was done, but my Page 464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Q A Q A Q A Q A Q A Q Rebuttal statement. This is where you list the professors by letters, (A), (B), (C), (D), (E) and (F). And they are different than the first chart actually. It's random. Correct. Okay. So this chart you list the number of times you were cited and your h-index, and your number of papers. Again, you're comparing yourself to other professors in your department whose names we don't know. Correct? Who have not received dismissal letters. To your knowledge? To my knowledge. They may have received other kinds of discipline. And it was based on that that you make the conclusion that you were not the worst in your department. Well, this chart-That was the statement you made. Well, then I should take it back, because this chart merely shows that I have an international reputation, okay, more so than others. Okay, and I don't think anybody was disputing that. No, but it doesn't mean anything. I want to go to page 4 of your Rebuttal, and it's a Page 466 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 concern is that you are saying here that the School of Medicine reappointed him. How do you know that? A Because I'm party to the lawsuit. I have seen the filings in the ACLU. I've seen the filings with my lawyer. Q So if I were to tell you that the University gave him a one-time limited extension of his contract so that they could complete their research misconduct investigation, would you have any ability to dispute that? A Would I have the ability to dispute that? As I understand it, he was given a one-year extension to come back to Wayne State. He was given a one-year reappointment. That's as far as I know. Q So because the research misconduct investigation was ongoing at that time? A Well, I don't know why, but he was given a one-year--he came back to Wayne State for a year. You know, I can't-- Q And what I'm telling you is, if that were done so that the University could complete it's research misconduct, you can't dispute that, can you? A Yes. I mean, I have no idea whether it was done or not. I can only tell you the Internet--everyone knows things that in fact he came back and was 60 (Pages 463 to 466) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 467 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A completing his fraudulent work for another year, and Wayne State was getting grant money. That is a commonly accepted view. So would the University be able to under all the discussions we have had today about due process given to tenured faculty members, do you think the University could just dismiss somebody without completing their research misconduct investigation? Yes. It's done all the time. He quit. He quit the University. Oh, okay. Well, quitting is a different thing. He quit, and he came back. His tenure was removed. He tried to go to Mississippi. Mississippi found out about him. Mississippi said, "We don't want you." He's suing Mississippi. At what point was his tenure removed? When he left Wayne State University. He resigned. Oh. Well, that's not removal. That's resigning. That is a different thing. But you lose their tenure when you resign. MR. GREGORY: Does this have anything to do with it? MS. GALANTE: Well, yeah. It has to do with the fact that he is making-THE WITNESS: I should go to law school. Page 469 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q A documents that are part of Exhibit 8, which was admitted as an exhibit here. In particular I want to refer to page 3, which-MR. GREGORY: What are we looking at now? MS. GALANTE: Exhibit 8, page 3. MR. GREGORY: Thank you. (By Ms. Galante) Is a document that was part of your Selective Salary Review with regard to teaching for 2014/2015. Is that something you would fill out as a faculty member? Well, because it says "Unknown," probably. So if it says "Unknown," it was yours? Oh, probably. And am I correct here then that you tell the administration that hours of preparation, total number of learners, all of that is unknown by you? That is correct. I do not-So-Should I tell you why? I just want to complete the answer. Sure. In one lecture course I have actually a terrible first lecture. It's on bio-energetics. It's on non-equal thermodynamics. I change it every year. Page 468 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q A Q A Q MS. GALANTE: These representations to the Panel about things that he has no firsthand knowledge about. THE WITNESS: I'm involved in the lawsuit. MS. GALANTE: I find it particularly offending. (By Ms. Galante) Are you aware of the fact that on October 19TH of 2015 then-Provost Margaret Winters sent Dr. Sarkar a letter indicating that: "Your appointment terminates on January 31, 2016, and you will not be renewed"? I have no idea. Okay. So you can't dispute that? No. So when you make these statements here, you don't really know for sure? From what I have seen in the filings in the ACLU and my lawyer's filings, what I'm stating is correct. Now could I be wrong? But you don't know if those filings contain University records about his appointments or not? Yes. You're right. I don't know the entire history of the case in all its details. That's all I wanted to hear, because I think it's important. I want to go through some of the Page 470 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I spend hours and hours trying to make it comprehensible to students. I finally wind up saying this is all culture. You don't need this on your exam. Let me explain it to you. Okay? On that lecture alone I probably worked 75 hours this year. Does it get better each year? Maybe. It's still not good. I have no idea how many hours I spent. I'm not a bureaucrat. I don't sit down and tally it. I could put down any number you'd like here, but it would be a lie, so I'm saying "Unknown," because it actually is unknown. You know, I don't know how much I work on it. All I can tell you is for that lecture I work an awful lot on it. I mean, it's different each year, and if you go through my lectures you will see it's different each year. Q So your lab is in the Lande Building. Correct? A If you can call it that, yeah. Q All right. Do you still use your lab? A Yeah. Q Okay. When was the last time--you need a OneCard to access it. When was the last time-- A Probably a long time ago. I go to the lab--look. 61 (Pages 467 to 470) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 471 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A This is not a corporation. I go to the lab when I need to go to the lab. I don't go to the lab when I am writing papers at home. I don't go to the lab--with Monica Bame I did everything by Internet. The whole notion that this is an industrial deal where I have to come in particular hours is antithetical to everything that molecular biologists do. This is not our culture. And I don't think anybody is alleging that. No, but you're trying to say that--when is the last time? I have no idea. I do know recently I haven't. I have been writing grants. I have also unfortunately been involved in this thing. There is no reason for me to go from Ann Arbor to Wayne State to sit in a lab with poor ventilation, where the cockroaches are as big as small mice, okay, with heat that we have to use a fan while we're there, when I could be sitting at home and actually working on something. So you do the majority of your work at home? No. It depends on where we are. It depends on where I am in my career, and where we are in the research. When I had graduate students I was in every day, too much. I was in weekends. Graduate students need Page 473 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lack of effort that the-CHAIRPERSON STATHAM: I think the last question was, in the last two and half years, how many times have you come into the lab? Q (By Ms. Galante) Do you know? CHAIRPERSON STATHAM: Do you know? THE WITNESS: Of course not. CHAIRPERSON STATHAM: He said he didn't know. MS. GALANTE: He said he doesn't know. Q (By Ms. Galante) So if I tell you it was six times, you can't dispute that, that your access card was used? A I have no idea. CHAIRPERSON STATHAM: Could we take a five-minute break? MS. GALANTE: Sure. I just have a little bit more, but I'm trying to sort through-CHAIRPERSON STATHAM: Okay. Why don't we take a short five-minute break. (At 4:07 p.m., recess taken) (At 4:14 p.m., back on the record) MS. GALANTE: I have no more crossexamination for Dr. Needleman. CHAIRPERSON STATHAM: All right. Dr. Page 472 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q A Q A Q constant babying. They need constant attention, and they got constant attention. When I had certain-At one point my technicians could make up mutants by themselves. Okay? I only did the laser work, the experimental work on the optical multichannel analyzer. So they could work, make mutants. I could stay home, write and think about it, and then I would come in and work. So depending on the circumstances I'm in a lot, I'm in very little. In the last two and a half years, how many times do you think you have come to campus? I have no idea. I often--I mean, I have no idea. Where do you park? I park on the street, or I park in the parking lot. In the parking structure? You have a parking access code? MR. GREGORY: How is this relevant to anything? MS. GALANTE: I think it's relevant. THE WITNESS: Is it relevant to anything you claim in the letter? MR. GREGORY: Objection. We're so far afield. Where does he park, and-MS. GALANTE: I think it's relevant to the Page 474 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Needleman, you can take your seat, normal seat. MR. GREGORY: Sit back down, Richard. CHAIRPERSON STATHAM: Oh, I'm sorry. MS. GALANTE: Gordon has more. You're not finished yet. THE WITNESS: I thought you said you had no more questions. MS. GALANTE: But your attorney does. CHAIRPERSON STATHAM: Redirect. REDIRECT EXAMINATION BY MR. GREGORY: Q Richard, as you know, your career is on the line. We have had a lot of discussion. Your career of course is at stake. We have had numerous discussions about this case, and about the fact that you are entitled to due process, which is going to be done by this Committee. Is there anything more you wish to tell the Committee at this point about your career and your performance? A No. I think my career has been reasonable. I think, you know, we had certain up/downs, especially with the change of focus. I wish I had more money for the ALS work. 62 (Pages 471 to 474) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 475 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I wish we didn't have to use Bill's money, but this is a researcher's life. I have been very successful before this thing. I think my success in the last--well, in the five years I think the papers are good and may be valuable, and I work on science, and I hope very much that I get this grant, because this is a brand new concept. I love working with Athar. The biological science department on main campus is fantastic now, and I would very much like to finish up my career looking at gene/chromosome interactions. MR. GREGORY: Thank you. Thank you. That's all I have. MS. GALANTE: Nothing further. (At 4:16 p.m., witness excused) CHAIRPERSON STATHAM: No more witnesses? MR. GREGORY: No. CHAIRPERSON STATHAM: You are going to rest? MR. GREGORY: We are going to rest, yes. CHAIRPERSON STATHAM: You don't have any other questions for Dr. Needleman? MS. GALANTE: I have no further rebuttal. I just-- Page 477 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. GALANTE: The School of Medicine Promotion Factors. MR. GREGORY: Oh. MS. GALANTE: Okay, and the copy that I had was-MR. GREGORY: I don't want to substitute anything. That's what you introduced, and-MS. GALANTE: So you--okay. So then we'll add this as a new exhibit. CHAIRPERSON STATHAM: Okay, because I think, Mr. Gregory, your argument was that that was not relevant because it came after the disciplinary proceedings. MR. GREGORY: Yes. That's right. CHAIRPERSON STATHAM: And the administration's answer was, well, it's the same as the one we had prior to that disciplinary proceeding. MR. GREGORY: Well, all right, but what they're saying after I brought it to their attention-MS. GALANTE: That's fine. CHAIRPERSON STATHAM: We'll put that in as Respondent's exhibit-MS. GALANTE: Employer's. Page 476 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRPERSON STATHAM: But you do have a couple of things. One--go ahead. MS. GALANTE: Just housekeeping kind of things. CHAIRPERSON STATHAM: Go ahead. You had one exhibit that was in 2016 you wanted to-MS. GALANTE: The School of Medicine Factors. CHAIRPERSON STATHAM: Replace that with 2015. We talked about that yesterday. MS. GALANTE: And so the question--so this is the 2014 one. So they don't necessarily get updated every year. CHAIRPERSON STATHAM: Okay. MS. GALANTE: So this was the 2014 one, for 2014/'15, and the question is, do we want to substitute this? Gordon, I would certainly allow you to weigh in on this. Do we want to substitute this for the prior one-CHAIRPERSON STATHAM: Which said 2016. MS. GALANTE: Which said 2016. MR. GREGORY: So what exhibit is it? CHAIRPERSON STATHAM: And I think the argument was that-- Page 478 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CHAIRPERSON STATHAM: Sorry. Administration's Exhibit No. what? REPORTER: Employer 19. (At 4:18 p.m., Employer's Exhibit 19 marked and received) CHAIRPERSON STATHAM: And you got us the Hornberger award. MS. GALANTE: That had already been admitted. CHAIRPERSON STATHAM: That is already in. MR. GREGORY: And what number is that? 18? MS. GALANTE: Hornberger was the 18. CHAIRPERSON STATHAM: This is 19, the tenure Factors. MS. GALANTE: So I guess there are a couple of other things to discuss, and that is briefing, final briefing. I would like to submit a final brief instead of a closing argument, a brief, and just set forth what I believe the evidence is and our support, and of course Gordon would set forth what he thinks it-CHAIRPERSON STATHAM: Mr. Gregory, I believe you probably want to in light of that too? 63 (Pages 475 to 478) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 479 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GREGORY: Yeah, indeed. I would rather we had oral summation. I think the record is complete, but she certainly has that prerogative. CHAIRPERSON STATHAM: Okay. When--you are not going to be able to do that post-hearing brief until you get the-MS. GALANTE: Transcript. CHAIRPERSON STATHAM: The transcript. Right? When is the transcript going to be ready? REPORTER: Two weeks. MS. GALANTE: Two weeks. So let's look at our calendars. CHAIRPERSON STATHAM: I would say briefs due 30 days after you receive the transcript? MS. GALANTE: That's fine with me. CHAIRPERSON STATHAM: Is that sufficient time? That would be what date? MR. GREGORY: Well, Tammy can let us know, I guess, when she gets a chance. REPORTER: Well, 30 days from now would be around April 14TH, 15TH. MS. GALANTE: No. He said 30 days from when we receive the transcript. REPORTER: Well, if you get the transcript around April 14TH, 15TH, then it will be around May Page 481 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. GALANTE: And send to each of the panel. Okay. CHAIRPERSON STATHAM: Since I understand from prior conversations that in this Committee I don't get a vote. MS. GALANTE: Correct. MR. GREGORY: Correct. CHAIRPERSON STATHAM: Is everybody correct on that? MS. GALANTE: Yes. CHAIRPERSON STATHAM: That's fine. MS. GALANTE: The only other thing I can think of is typically we would submit our brief in pdf form. The question is, would the Panel also want a Word document so that they can easily take portions of either brief if they want to use it? I don't know how you feel about that, Gordon. SHERRY: We have done that, yeah. Put it in a Word document. CHAIRPERSON STATHAM: Everybody wants it. MS. GALANTE: So each person would get the pdf, which obviously verifies this is my final brief and nobody can change it, and then a Word copy of it so that if they want to take it--because you guys Page 480 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14TH, 15TH. CHAIRPERSON STATHAM: Well, so briefs would be due around, let's say May 15TH for the sake of-MS. GALANTE: That's a Monday, so that would work. MR. GREGORY: Okay. May 15TH. CHAIRPERSON STATHAM: May 15TH, briefs due. MR. GREGORY: How do we serve and exchange? CHAIRPERSON STATHAM: Why don't you E-mail them both to Sherry's E-mail? MS. GALANTE: Can you give us that, Sherry? SHERRY: It's Sherry.Sangster@gmail.com. MS. GALANTE: And so we would just submit it electronically to her, and she will distribute it to the Committee? CHAIRPERSON STATHAM: Well, submit them to her, and have you got all the Panel's E-mail addresses? MS. GALANTE: We do. CHAIRPERSON STATHAM: Why don't you send one to each of them too? Page 482 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have to do a written report. CHAIRPERSON STATHAM: Okay. MS. GALANTE: And there is no deadline under the statute. It just says as expeditiously as possible. CHAIRPERSON STATHAM: Okay. Well, after we get-MS. GALANTE: So that is subject to interpretation. CHAIRPERSON STATHAM: After we get the briefs and we have read them, I will contact the Committee and we'll meet and discuss this report. MS. GALANTE: Well, thank you very much. I appreciate everyone's attention. I know this is difficult. CHAIRPERSON STATHAM: Thank you very much. I would like to meet with-MS. GALANTE: Yes. You keep your exhibit books. CHAIRPERSON STATHAM: And I would like to meet with my Committee briefly, five or ten minutes. MS. GALANTE: Sure. We can leave. (At 4:22 p.m., hearing concluded) 64 (Pages 479 to 482) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 483 CERTIFICATE OF COURT REPORTER 1 2 3 4 I certify that this transcript, 5 consisting of 245 pages, is a complete, true, and 6 correct transcript of the proceedings and testimony 7 taken in this case on Thursday, March 30, 2017. 8 9 4/11/17 10 _____________ 11 Date ____________________________ TAMARA A. O'CONNOR 12 CSMR 2656, CER 2656 13 2385 Jakewood Drive 14 pz West Bloomfield, Michigan 48324 65 (Page 483) TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 484 A a-- 345:14 448:14 a--well 392:2 A)--my 293:11 a.m 239:13 243:2,4 291:18,21,22 292:9 308:15 314:3 319:8 328:18 329:24 A6 257:18,19,25 AAUP 334:6 340:11,18,23 AAUP-AFT 339:13 339:20 abandon 356:9 ability 466:9,11 able 393:2 398:11 430:1 435:18 457:24 459:4 467:4 479:5 abnormalities 404:7,9,17 428:2 about-- 370:6 about--do 297:11 about--you 453:8 above- 239:9 absence 428:5 absent 324:12 absolutely 248:23 262:6 285:21,22 364:25 377:14 378:4 390:24 395:6 397:8 426:1 426:2 434:24 436:3 462:16 absorb 393:6 absorbed 392:15 abstracts 401:20 absurd 409:25 433:4,5 academia 334:5 431:20 academic 251:15 251:19 260:5,22 260:25 261:10,20 262:8,11 263:24 268:23 273:19 281:18 320:2 330:18 333:11,14 333:16 334:4,8 336:16 347:19,20 362:12,13 365:24 376:18 444:14 academics 337:11 376:24 accent 384:25 accept 290:3 accepted 406:2 411:3 467:3 access 326:25 470:24 472:16 473:12 accomplishment 274:22 accomplishments 275:4 account 325:23 accreditation 251:23 252:2 accreditor 252:4 accurate 252:3 258:19 399:5 423:8 accusations 318:20 accusations-308:18 accuse 374:8 acid 399:7 404:1,13 406:17 438:14 458:21 acids 400:10 403:21 404:4,8,17 459:2 Ackerman 427:12 acknowledged 334:25 acknowledges 332:12 acknowledges--so 332:11 ACLU 466:4 468:17 acquired 320:23 acronym 306:23 across-the- 248:14 348:21 across-the-board 248:8 Act 280:7 action 264:20 265:2 273:21 291:4 341:24 342:17 367:19 372:23 374:24 action-- 378:10 actions 332:16 350:20 377:25 active 342:13 432:3 activities 252:5 296:12,20 439:18 activity 324:24 381:22 424:24 426:18 437:1 449:7,8 450:9 465:7 actual 331:23 378:16 actually--that 396:23 acute 399:22 400:18 adamant 252:25 Adamany 362:22 add 278:12 477:9 added 289:4 addition 282:2 294:19 295:12 374:12 383:8 393:2 additional 319:14 323:7 address 331:6 336:11 350:17 369:8 415:2 addressed 270:4 369:6,8,10 addresses 480:22 adequacy 298:8 adequate 271:23 283:11 284:22,24 285:3,12,16 286:5 286:9,12 287:23 298:8 333:10 375:11 450:4 adjust 395:24 administering 266:17 administration 240:6 251:13 252:11 262:15 281:10,17 289:24 291:25 294:21 329:14 333:20 344:5 349:6,8 350:17 351:11 352:14,15 360:3 362:1,22 364:24 368:6,24 374:11 381:18 382:7,11 469:16 administration's 283:14 308:14 375:17 477:16 478:2 administrative 295:12 323:1 334:13 346:8 376:14 administrator 361:15 376:20 431:4 444:13 Administrator-257:20 administrators 345:10 353:9,12 357:21,24 359:10 376:23 444:18,21 444:22 445:1 admire 358:12 admission 320:5 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 369:24 371:9 425:8 admit 303:7 318:19 328:25 368:14 373:8 382:19 384:14 416:19 449:14 admit--move 425:2 admit--oh 425:2 admitted 309:19,20 309:21 319:5,6 382:21 403:7 412:3 414:9 425:3 425:5,20 469:2 478:9 admitting 412:22 413:1 admonished 326:12 345:13 adopted 290:20 adopting 290:24 advance 267:3 advantage 282:10 368:9 advent 358:6 advice 260:14 267:7 268:9 advise 243:18 advised 349:14,14 360:7 advised-- 360:7 advised--I 360:7 advisement 330:25 338:15 advisor 385:21 456:23 Affairs 259:20 343:13 afield 472:24 afraid 352:20 AFT 340:23,25 341:2 after-acquired 298:6 301:18 318:12 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 485 again-- 372:14 age 436:9 ago 285:23 303:11 303:14 317:7,8,9 383:17 384:5 439:22 440:23 470:25 agree 248:21,23 260:16 282:18 286:2 372:19 373:11 378:7,15 447:10 449:11 450:7,22 agreed 336:22 338:14 348:25 378:14 agreement 332:15 357:16 362:1 368:19,19 377:24 agrees 336:21 ahead 268:4 272:9 292:7 406:10 476:2,5 Akins 426:20 Akio 392:21 394:19 Albert 385:18 387:11,14 Alex 388:14 389:13 all-- 443:8 all--it 373:5 allegations 431:24 alleged 244:6 255:23 258:14 341:5,25 369:18 alleges 288:25 alleging 471:9 allocate 359:5,6 allocation 358:20 allow 268:4,20 272:9 278:11,16 289:7 300:7 308:6 476:17 allowed 302:13 386:22 391:11 421:10 432:12 allows 291:10 ALS 397:10 398:18 398:19,24 399:9 399:11 400:10 401:2 403:14,15 403:20,22,24 404:3,8,16,16,17 406:14,22 408:4 413:20,24 429:19 430:12 436:22 438:14 458:22 459:3,22 474:25 also--the 270:21 altered 259:14 305:20 Alzheimer's 430:13 amazed 451:9 amazing 409:6 amendment 360:15 360:18 amino 399:7 400:10 403:21,25 404:4,8,13,17 406:17 438:14 458:21 459:2 ammonia 399:25 400:1 among--but 430:17 amorphous 288:13 amount 276:22 325:25 359:16 387:11 429:5 453:3 analysis 404:13 428:2 analyzer 472:6 ancestry 394:21 and-- 365:7 369:20 402:21 458:19 472:24 477:7 and--but 462:21 and--well 346:15 and--you 457:9 Angle 398:16 Ann 471:14 announced 359:20 359:20 annual 247:8,17 282:1 324:13 345:22 348:11,20 annually 263:1 276:25 304:1,1 327:25 Ansari 440:20 460:13 answer 249:14 279:13 284:5 285:9,10 287:24 288:17 298:9 330:9,14 338:21 344:13 365:10 366:19 414:19 419:20,24,25 433:6 444:20 453:12 455:5 469:21 477:16 answer-- 344:22 answered 267:21 327:4 366:21 answering 448:16 anticipated 277:17 antithetical 471:7 anybody 390:7 420:14 424:8 431:19 440:11 464:23 471:9 anyway 399:18 406:2,19 442:14 apologize 457:19 app 412:25 apparatus 448:1 apparently 288:3 416:24 425:6 429:12 appear 246:7 357:16,18,19 438:21,25 APPEARANCES 240:1 appeared 318:16 appearing 240:9,14 437:5 appears 263:11 286:11 392:25 appended 383:10 appendix 242:21 433:19 434:11 applicants 293:24 application 242:13 293:1 406:14 407:25 408:10,20 408:21 411:18 412:5,10,18 437:15 458:10 459:7 460:7 applications 383:19 406:8,13 437:10 437:22,23 applied 258:16 apply 288:14 289:21 293:24 446:9 appointed 294:15 295:3 353:2 365:22 391:10,13 391:18 appointing 343:11 appointment 275:21 292:24 293:18 343:10 391:12 468:10 appointments 468:21 appreciate 361:6 482:14 apprised 276:23 approach 375:19 375:23 appropriate 261:3 275:5,7 330:20 382:1 462:9 appropriately 351:11 approval 322:20 approved 277:16 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 278:19 332:16 377:25 approving 277:18 approximately 326:4 April 295:15 320:3 479:21,25 arb 371:10 arbitration 242:5 353:11 368:16 371:18 arbitrator 329:1 369:2 Arbitrator's 320:4 329:13 arbitrators 369:11 Arbor 471:15 are--or 456:18 are--the 306:23 are--there 285:24 404:24 are--we 338:13 348:8 area 271:5 275:8 281:20 287:5 325:7,8 393:21 397:8,10,10,11 413:23 459:25 areas 264:4 397:6 398:3 401:19 argue 382:19 384:14 390:22 419:4 425:19 Arguendo 279:24 argument 352:9 454:11 476:25 477:11 478:20 argumentative 454:11 arguments 368:15 369:4,6 371:14 382:20 Army 459:18 arriving 434:1 arriving--well WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 486 433:25 arrogant 459:13 article 242:11 247:20 276:6 328:20 329:2,9 332:13 348:10 350:6,15,20 351:1 351:8 360:15 368:20 369:1,15 370:12,22,25 371:14 372:7 377:22 402:2,8,16 423:17 449:1 articles 279:10 456:13,15 Arts 363:21 asked 244:7 248:18 261:15 267:20 269:18 282:21 283:15 284:21 289:16 291:3,7 294:20 300:12 314:19 325:24 338:10 345:16,16 390:5 427:10,13 427:16 434:6 asking 256:23 260:20,23 261:17 272:19 279:21 285:3 288:2,11 314:13 316:14 325:21 326:2 355:16 386:16 390:13 402:18 448:7,8 454:6 461:12 aspect 377:9 asserted 298:9 429:13 assertion 402:4 436:1 asserts 354:4 356:13 437:9 assessment 271:12 assigned 323:15,16 324:1 assigning 324:17 assignment 251:16 251:19 260:22,25 261:10 263:24 330:19 427:17 444:14 assignment-333:11 assignments 260:6 261:20 262:3,8,11 263:4 268:23 273:20 274:14 281:18 333:14 334:4,18 428:4 assigns 324:7 assistance 266:22 assistant 243:17 328:6 334:13 343:14 389:8 assisted 249:19 Associate 240:3 292:16,19,22 294:22 295:23 323:5 328:6 424:13 439:25 association 408:9 associations 441:7 assume 261:5 317:10 452:12 assume-- 359:8 assuming 300:11 assumption 355:10 453:9 asterisks 439:7 asymptomatic 459:3 Athar 440:20,22 441:5,9,17 460:10 460:13,15 475:9 ATPAs 392:9 attachment 414:18 attack 352:23 attempt 343:3 364:16 attempting 350:17 attend 247:8 attended 255:7 266:10 440:22 attention 258:1 338:19 372:7 414:14 417:21 424:22 442:11 472:1,2 482:14 attention-- 477:21 attorney 250:10 474:8 attorney's 284:22 audit 349:25 364:22 auditor 342:8 auditors 350:2 August 327:6 Aurelian 289:18 author 400:9,9,11 418:17,19 438:2,5 438:6,13,15,16 439:1,2,15 authorship 438:23 438:24 available 246:4,18 259:18 261:23 270:22 280:11 303:3 306:3 324:9 375:16 available-- 347:10 average 312:2 358:21 359:22 398:21 averages 312:2 avoid 428:7 award 371:18 478:7 aware 255:17 271:1 280:5 283:23 295:24 297:16 305:14 319:10 451:5,7,8 468:7 awareness 296:2 awful 470:16 awhile 393:17 440:23 awkward 446:24 axe 375:19,23 B B 241:14 380:17 410:8,9 464:3 babying 472:1 back 245:17 251:4 261:19 267:8 274:17 280:16 291:22 302:19 326:20 329:25 330:1 331:8 338:8 338:9 342:1 355:13,20 380:7,8 388:21,25 400:4 407:13,18 408:4,5 409:17 410:4 438:13 439:1 454:15 458:15 464:20 466:13,18 466:25 467:12 473:22 474:2 background 384:21 394:12 backup 417:25 bacteriorhodopsin 392:3,11 394:17 394:18 395:13 420:19 429:17 431:9 435:12 bacterium 392:14 bad 312:17 393:24 405:6 409:15 429:9 431:18 457:16 458:25 Baker 251:1 balance 324:20 balanced 324:12 balancing 324:25 Bame 405:16 457:4 471:4 Bame-- 457:10 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com bargaining 332:18 357:16 360:16 363:7,8 378:2 barrier 397:24,25 Barry 388:10,11 389:5,8,14,24 390:5,7,10,12 391:4,5 394:10 426:21 base 408:7 based 248:10 261:6 268:9 276:15 310:15 313:1 319:18 321:2,6 345:21 350:12 355:9 358:15 464:15 based--no 261:6 basic 295:10 303:16 335:6 385:15 386:22 409:20 437:2 basically 263:12 304:7 313:12 332:2 341:11,12 345:21 352:25 376:11,20 385:15 386:22 395:17 400:6 406:20 424:3 426:5 460:15,15 basis 283:21 324:13 335:11 336:17 345:3 392:17 393:20 395:8 412:25 be--so 325:22 be--this 351:21 beam 395:24 bear 259:2 bearing 422:10 Beckoff's 388:16 becoming 452:3 been--well 404:4 Beg 309:22 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 487 began 256:18 342:1 beginning 257:10 340:7 363:22 388:11 behalf 240:9,14 belie 411:4 believe 243:11 246:15 250:8,9,17 251:1,2 259:25 269:6 273:24 277:25 290:12 303:25 313:22 314:8,20 315:3,13 319:13,22 322:9 349:3 365:4,16 366:3,6,11,21,22 367:15,22,24,25 375:25 377:9 409:8,9,10 422:8 424:11 447:18 449:17,19,21 478:21,25 believed 376:3 benefits 455:9 Beppler 347:13 Berkeley 387:1 388:7,8 Bernie 384:24 436:8 best 283:25 290:18 357:5 360:1 392:23 404:21 426:8 446:19 better 269:24 285:11 325:10 417:19 423:4,4 424:7 470:7 beyond 332:23 421:25 428:17 Bharati 391:9 big 263:15 440:15 471:16 bigger 311:14 Bill 389:18 396:10 396:14 397:2 399:10 400:4,6,11 400:12 407:3 418:5,5 420:17,21 420:25 421:15 433:1 437:2,5 438:8,9,13,14,15 438:16 445:25 457:17 458:4,5 463:6 Bill's 391:3 400:3 457:4 475:1 Bill--mostly 400:2 Bill--we 397:15 binds 398:8 bio 384:19 bio-energetics 469:24 biochemistry 303:3 303:5,13,19 304:4 304:12,14,15,23 306:13 315:9,10 315:18 319:13 323:12 387:22 391:7 461:23 biochemists 389:15 biodetection 393:3 biographical 242:9 383:4,7,8,20 413:5 460:19 biological 430:7 475:9 biologist 385:11 440:21 biologists 388:13 389:2,4,19 405:11 426:21 428:13,14 471:8 biology 295:10 303:12,19 315:8 315:18 385:10,14 386:21 389:12 392:5,18 426:24 427:7,8 444:8 Biomedical 303:8 biophysics 392:22 394:11 biotechnology 313:16 biowarfare 393:4 bit 282:21 324:21 328:22 333:1 334:2 433:21 446:25 473:18 bite 447:1 bizarre 446:17 blinded 432:16 block 375:24 blood 295:10,11,16 399:8 403:19,22 404:12 460:3 blood-- 459:15 blood/brain 397:25 Bloomfield 483:14 BMB 241:21 242:3 303:5,23,25 304:10 309:7 313:8,19 314:18 319:14 board 248:15 260:17 293:15 329:4,10 331:24 332:17 333:6 336:3 337:18,22 342:3,7 348:22 349:10 361:19 369:16 374:6,10 378:1 447:21,21 450:2 Board's 342:15 Bob 426:20 body 286:3 boilerplate 440:13 boils 376:11 book 244:16 386:20 books 482:19 bootstrapping 298:11 301:14 318:18 bought 400:13 421:1 bound 456:4,4 box 310:22 311:11 brain 397:20,22,24 398:2,4,12,13 400:2 414:1 430:10,10 branch 405:10 branches 404:23 brand 475:7 Brandeis 385:1 break 291:20 329:18 380:4 400:23 473:16,20 breaks 326:22 brief 292:21 385:20 417:8,8 425:19 439:22 478:19,20 479:5 481:13,16 481:23 briefing 478:18,18 briefly 336:11 338:2 384:20 482:21 briefs 382:21 479:13 480:2,8 482:11 bring 245:20 273:10 343:3 349:1 369:16 374:8 bringing 348:2 421:13 brings 368:12 broad 281:19 333:7 356:4 broader 352:22 broader--much 352:22 broadly 334:23 Brook 385:5 Brooklyn 384:23 385:13,17 435:1 Brooks 240:12 brought 245:23 250:12 323:18 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 343:14,15 421:22 477:20 Brown 388:3,6,10 Bruce 239:7 380:23 Brusilow 389:18 396:10 433:1 463:6,21 Brusilow's 390:13 Brusilow-- 270:6 budget 335:23 357:21 360:6 460:19 build 436:24 Building 240:6 322:6 470:19 bulbs 405:5 burden 333:1 bureaucrat 470:9 bureaucrats 413:8 burn 420:3 business 308:8,25 318:23 but-- 369:11 461:18 by-- 383:23 by--no 271:8 C c 360:16 372:9 464:3 C.V 247:16 251:20 252:1 261:22 262:13,14 264:17 381:7 382:22 383:8 384:19 393:24 437:18,18 437:20 456:16,16 Cadillac 240:12 cake 370:16 calculated 417:25 calendars 479:12 California 387:1 392:21 call 291:24 298:12 354:23 355:20 366:8 380:4,9,11 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 488 386:15 445:4 470:20 called 254:4 257:21 266:9,11 288:3 295:11 296:6 303:10 386:20 388:7 395:3 405:12 412:16 453:20 calling 396:16 calls 292:1 350:4 camera 393:13,13 campus 253:1 262:7,9 353:7 363:20 387:3 440:21 472:12 475:10 campuses 386:24 can't-- 466:19 can't--again 463:14 can't--I 356:1 436:3 can't--there 411:10 can-- 367:7 can--it's 399:1 capacity 323:5 328:5 Capparano 443:14 caption 275:18 card 473:12 care 431:14,15 career 253:19 256:16,17 269:25 282:9,9,13 390:12 434:20 471:22 474:12,13,20,22 475:11 careful 336:24 337:12 366:4 cares 439:11 carries 447:11 case 255:1 267:22 282:19 297:3 303:22 329:14 330:16 332:1 333:9 335:16 336:6,8 338:16 352:9,21 354:11 355:15 356:1,5,12 363:5,14 372:25 373:10,13,24 375:3,17 400:18 416:15 450:4 465:11,18 468:23 474:16 483:7 cases 288:8 348:19 353:6 363:14 366:5 374:20,24 375:1 438:8,17 Catalan 430:18 444:1 cause 298:8 333:10 400:20 449:20 450:5 causes 397:22 403:23 449:20 cell 295:10,10 303:12 315:8,18 central 264:4 294:21 century 393:22,22 CER 240:15 483:12 certain 276:21,21 318:16 387:8 393:7 398:3 405:8 405:23 416:16 432:14 453:3 455:9 457:23 459:2 465:14 474:23 certain-- 472:2 certainly 248:17 255:9 256:20 257:4,7 258:23 263:3,24 277:7 287:8 289:16 308:9 318:24 326:19 345:8 356:22 357:7 359:1,15 362:16 392:8 450:15 476:17 479:3 certainty 297:19 CERTIFICATE 483:1 certified 293:15 certify 483:4 chair 249:16,17,17 263:2,3,4,7 267:1 269:18,20 270:22 318:11 324:15 339:25 345:17 346:4 347:13 391:5,21 392:22 394:2,8,20 439:17 439:20,21 443:10 445:8,9,10 chair's 324:17,19 chaired 394:23 435:1,2,3,5,5 chairman 297:1 298:5 330:5 338:18 388:3 CHAIRPERSON 239:10 268:3 272:8 277:20,23 278:10,15 280:20 281:13 284:4,17 289:6 291:19,23 292:2,6 296:17,22 296:24 297:11 298:18,21 300:2,7 300:17 301:3,15 301:23 302:4,14 304:24 305:2 308:6,17 309:17 309:21 310:8,13 310:21 312:10,13 312:16 313:17 316:3,16,22,25 317:2 318:19 319:2,5 320:25 321:15,18,21 323:22 328:12,16 329:16,22 330:1 330:24 331:3 335:18 337:25 338:6,9,25 342:24 344:11,16,23 345:2 346:14,25 347:3 354:15 356:6 364:9 365:14 366:17,23 370:3 371:8,16,20 372:2 379:20,22 379:24 380:3,8,13 381:20 382:4,17 384:13 402:14 403:6 411:8 412:3 412:24 413:3,9 414:7,9,20,24 415:6,9 416:7,19 416:25 417:6,9,18 419:20,24 425:1,4 425:7,10,18 434:11,15 446:22 454:12 473:2,6,8 473:15,19,25 474:3,9 475:17,19 475:22 476:1,5,9 476:14,21,24 477:10,15,23 478:1,6,10,14,24 479:4,8,13,16 480:2,8,12,20,24 481:3,8,11,21 482:2,6,10,16,20 chairs 267:3,8,8 272:14 277:5 324:22,23,24 336:13 359:10,14 445:12 challenge 359:15 chance 309:4 402:7 479:19 change 264:7,11 269:9 322:21 323:11 378:15 393:6 400:1 403:21 404:3 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 408:13 412:2 430:7 454:4,6 469:25 474:24 481:24 changed 259:20,21 264:16 305:20 352:11,13 401:14 402:5 403:10 404:14,15 420:18 428:15 429:7 457:14 changed--you 457:13 changes 260:2 277:17 283:23 284:7,13 343:9 360:5 399:8 403:25 404:3 406:3,4,6,17 408:7,8,8,22 458:22,23,25 changing 408:3 440:12 characterization 272:5 273:12 341:14 390:16 419:18 characterize 334:21 characterizing 273:12 charge 247:4 260:4 260:9,16 265:2 330:18 333:3 358:13 401:12 424:23 431:24 charged 253:20 258:14 263:12 428:5 charges 242:17 245:21 263:11 272:2 273:10 296:16 299:17 300:11 307:19 330:7,9 338:22 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 489 364:3 381:25 382:2 401:7 414:15 416:9 417:8 445:8 charging 413:15 Charles 241:11 339:4,10 Charlie 455:1 chart 299:23 417:23,25 418:2 420:11 461:3 463:25 464:4,6,20 chart-- 464:18 chart--you 462:13 chat 256:9 cheap 403:18 check 415:7 check--well 306:20 checked 297:12,16 chemicals 400:19 401:17 chemistry 388:2 427:9 444:9 chemists 389:3 426:22 428:12,13 Chief 250:18 China 435:7,8 Chinese 435:13,14 435:15 Chlamydomonas 394:13 choice 316:11 426:15 choose 386:23 421:11 chopping 375:24 chose 267:12 394:15 chosen 443:5 chromosomal 441:1 chromosome 441:7 chromosomes 408:9,13 441:2 Churchill's 351:19 circulated 388:21 circumstances 333:8 427:15 472:10 CIs 405:22,23 citation 287:14 422:11,20 424:19 425:24 citations 242:19 282:23,24 283:9 284:21 285:24 286:14,16,16,22 287:10 419:8 420:2,8 422:9,14 422:18 423:3 426:6 citations--and 422:22 citations--so 286:17 cite 287:13 cited 285:18 286:24 287:22 343:21 423:15 464:7 cites 287:5 337:5 citing 423:1 City 385:11,12 claim 424:25 426:17 430:5,6 437:25 472:22 claimed 258:3 390:17 claiming 331:19 431:1 claims 390:12 416:16 clarify 310:15 class 310:9,11 409:22 classes 324:18 classmate 436:8 clear 268:25 269:16 269:21 286:7,8 310:21 327:3 328:24 329:8 330:15 333:21 355:1 358:3 clear-cut 332:7 clearly 248:9 320:23 325:7 352:10 448:10 client 329:21 clinic 399:11,13 403:14,16 406:15 407:5 436:22 458:18 459:5,9 clinical 294:4 334:2 399:10 406:25 407:2 436:23,25 438:4 439:5 459:7 clinicians 358:10 clinics 459:22 close 421:4 closed 399:13 403:14 closed--I 442:15 closing 382:20 478:20 CNS 264:4 Co-Director 295:17 coagulation 295:16 cockroaches 471:16 code 472:17 Cold 386:16,18 434:22 coli 396:11,13 420:18 421:6 427:21 collaborate 389:9 collaborated 438:8 collaboration 392:23 441:9,10 collapsed 303:14 colleague 295:8 396:11 438:19 463:6 colleagues 254:8,10 269:19 285:18 392:2 collecting 342:5 collective 357:16 360:16 college 261:7 363:21 385:13,17 385:18 387:12 color 393:6 430:19 Colorado 343:8 colorless 430:17,20 430:21 combination 361:18 combined 315:19 391:16,17 come 245:1 247:22 254:10 256:9 274:2 280:3 326:14,20 353:21 360:4 361:12 386:16 391:25 392:7,9 429:15,21 431:11 439:12 442:4,23 452:21 466:13 471:6 472:9,12 473:4 come--I 361:19 comes 287:20 309:2 377:18 392:14 407:13 436:7 441:18 comfortable 443:2 coming 399:21 401:4 commencing 239:13 comment 410:2,4 410:12 422:12 463:24 comments 268:10 312:18 316:7 402:20 440:13 commitment 365:24 committed 341:3 465:22 committee 239:11 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 239:14 243:18,20 245:18,23 246:4,5 247:24 249:7,10 249:19 250:5,13 258:18,24 259:15 259:24 264:23,24 266:16 269:17 271:2 276:8 278:8 284:12 289:23 290:2,20,22 291:3 291:7,13 292:13 300:4 326:9 330:5 330:12 332:2,4 336:9 337:21 338:1,10,18 340:24 360:24 361:1,25 370:5 371:17 376:16,19 376:21 379:10,14 381:1 382:2 383:11 384:20 402:7 407:5 415:25 417:22 422:6 424:10 429:3,8,25 436:7 437:6 442:16 456:7,14 465:20 474:18,20 480:19 481:4 482:12,21 committees 249:13 299:8 340:4 349:3 361:3 Committees--the 243:20 common 315:17 385:10 394:21 444:12 commonly 357:23 467:3 communicated 247:2 262:25 company 445:15 comparative 443:13 compare 284:12 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 490 418:10 compared 269:5 305:21,22 306:16 311:16,25 459:3 compares 383:9 comparing 411:15 462:5 464:8 comparison 461:1 compensation 358:16 competence 334:24 334:24 335:6 competent 262:17 335:5,6 competently 260:6 260:22,25 261:11 262:12 263:5,25 330:19 333:12 335:9 444:15 competitive 275:10 283:8 455:14 compilation 301:8 compiled 327:25 433:20,21 complained 342:4 complaints 263:8 328:2,7 complete 247:15 260:21 278:4 294:2 330:18 333:11 392:25 413:4,18,19 438:3 439:16 460:18 465:16 466:8,21 469:20 479:3 483:5 complete-- 460:17 completed 280:6 307:16 310:6 completed--I 392:19 completely 389:14 399:20 454:9 455:6 459:13 completing 467:1,8 completion 244:21 282:3 complex 360:1 compliance 350:3 complicated 342:1 comply 252:12 258:8,10 259:11 262:19 281:24 290:10,14 component 315:10 compose 417:23 composition 388:25 404:1 comprehensible 470:2 compute 285:16 computer 441:25 451:12 computing 393:4 concept 288:10 290:20,24 351:24 357:20 365:5 475:8 concern 245:18 253:11 254:6 280:9 289:18 342:15 347:17,18 348:4,4 466:1 concerned 273:23 349:11 374:6 375:18 392:4 397:11 447:6 concerns 265:3 362:11 conclude 288:2 338:23 459:1 concluded 482:23 conclusion 270:17 336:7 464:16 concurs 290:3 condition 329:9 387:18 453:6 455:17 conditions 389:16 396:22 Condon 239:16 conduct 253:3,7,8 253:11,24 295:19 Conference 340:10 340:12 confident 298:6 355:11 confirm 441:4 confronted 288:10 conjunction 330:9 consequence 273:20 consequences 390:10 430:11 consider 251:15 252:10 281:4,6 332:4 336:9 338:11 374:4,5 455:7 consider--you're 281:1 consideration 301:1 337:13 362:6 366:5 373:23 384:8 considerations 335:23 considered 281:7 283:10 301:11 306:8 318:15 320:24 330:8 382:11 416:5 461:10 consist 247:15 consistent 264:1 consistently 262:19 consisting 483:5 consists 304:10 374:17 constant 472:1,1,2 constituted 424:21 constitutes 251:19 260:21 consulted 299:16 299:19 317:23 318:1,4 336:13 393:18 contact 256:8 262:1 265:3 304:22,22 305:3,8 306:17 314:6,8,17,20,21 320:12,19,21 321:2,14,15 326:5 445:16 482:11 contain 302:10 468:20 contained 300:16 contains 245:7 contemporary 326:7 content 307:2 431:14,22 Content-wise 305:18 CONTENTS 241:1 context 265:11 Continuation 332:14 continue 257:3 287:17 313:1 387:19 continued 239:25 240:1 242:1 275:9 283:7 continues 353:19 continuing 344:22 421:25 449:22 contract 247:19 248:18 249:5 259:14 261:2 275:24 283:2 332:10 335:12 360:10 372:16 377:7,10,12,17 378:5,25 387:7,13 393:20 447:15 448:19,20,21,22 448:24 449:2 450:16,18 451:5 452:24 453:18,23 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 454:25 456:4 466:7 contracts 455:8 contradictory 418:20 contribute 248:6 contributed 249:23 contribution 249:25 control 428:4 controversial 425:15 conversation 327:11 342:4 439:22 conversations 327:5 481:4 convinced 337:2 convulsions 397:22 cooperate 248:1 coordinate 293:2 coordinated 316:8 coordinator 324:6 324:14 326:21 coordinators 315:23 328:8 copies 244:15 314:10 371:24,25 413:18,19 copy 275:24 277:13 283:17 284:2,11 349:25 414:20 415:12,15 477:4 481:24 Corinne 438:19 439:3 Corinne's 439:2 corner 310:4 corporation 471:1 correct 244:4 251:10 254:1 255:13 258:9 263:13 281:2 283:21,22 285:4 305:25 309:8,9,16 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 491 310:18,20 312:21 312:23,24 313:8 313:12 317:11 318:10 320:18 321:16 322:19,22 327:7,9,12,15,23 341:25 364:24 365:3 366:25 367:3,6 368:8,17 369:5,13 372:11 372:17,18 373:3 374:18 377:22 378:13 379:1 405:19 431:8 450:16 451:25 452:1,5,8,11 454:20 455:12 456:9 461:5 462:25 463:9,11 463:12,17 464:6 464:10 468:18 469:15,18 470:19 481:6,7,8 483:6 corrected 344:20 344:21 373:18 corrections 407:16 correctly 369:19,20 369:22 453:12 costs 358:20 359:1 could--I 373:7 Council 340:19 counsel 240:3,4 264:20 282:21 283:15 288:25 314:11 321:10 364:9 368:3 402:14 Counsel--in 370:4 Counselor 301:16 330:3 count 401:9 423:9,9 433:3 462:21 counted 374:23 countered 359:24 couple 334:23 391:7 397:14 404:12 435:1 476:2 478:17 course 255:4 260:19 265:18 273:21 295:15,19 296:4 303:3,5,15 303:22 304:1,3,8 304:10,14,18,19 305:11,21 306:2,7 306:11,14,15,17 308:20 310:7,24 310:25 311:3,15 311:22 313:3,7,12 313:18,21,24 314:7,21,23 315:1 315:2,11,14,16,17 315:20,21,22,25 316:6,8,11,18 318:7 319:14,17 319:20,21 324:6 324:14 325:6 326:21 328:8 339:16 341:18 342:4 373:12 374:19 376:3 377:4 379:17 382:3 402:7 420:10 426:20 427:3,7 431:12 434:19 446:9 469:23 473:7 474:14 478:22 courses 293:5,7 296:7,8 297:24 299:4 301:5 302:21,25 303:6 306:25 315:6 319:11 324:1,4 326:24 426:24 427:2,5,18 456:22 court 346:13 483:1 covenant 453:21 cover 333:8 412:15 460:20 covered 325:12 covering 313:15 covering--all 302:18 covers 302:18 309:6 crack 400:24 cracker 400:23 crap 429:23 crazy 397:17 create 256:1,3 289:24 290:10 created 255:19 289:23 290:22 324:5 327:23,24 creating 299:1 creative 449:7 credit 248:19 261:25 262:1 304:21 306:17 396:17 criminal 332:23 CRISPR 427:22 criteria 267:10,17 268:5 276:4,10 291:1 criticism 351:16 364:16 criticize 369:11 criticized 368:7 criticizing 368:6,9 375:14 critics 442:25 cross 347:1 416:21 446:22 cross- 282:14 366:15 473:23 cross-examination 241:4,9,13,16 243:6 282:21 323:24 333:24 364:11 368:3 447:8 cross-examine 308:10 346:18 crosses 409:20,24 409:24 crossing 399:16,19 crummy 431:20 CSMR 240:15 483:12 culture 470:4 471:8 Cunningham 465:23 current 257:6 266:5 278:14 285:1 294:17 339:20 375:3 381:7 currently 256:24 286:10 292:14,15 293:16 315:15,25 340:21 427:5 curriculum 242:7 295:18 297:21,23 303:9,10,11,15 315:7 324:7 325:12 cut 446:3,4 cutting 394:5 426:24 CVs 360:21 cycle 294:1 295:14 D D 464:3 damage 264:4,5 Dan 339:19 dangerous 395:23 396:2,3 447:5,7 Daniel 241:7 292:1 292:8 dark 395:21 396:5 data 244:22,24 245:7 246:18,25 247:7 250:1 268:18,19,20 270:8 291:9 405:15,18,18,19 407:15 408:5 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 410:6,7 420:21 436:18,20,25 446:13,14 date 245:10 411:10 479:17 483:11 dated 258:12 283:16 372:21 David 343:13 379:5 Davis 440:5 day 361:14,14,15 399:10 407:3 409:22 421:7 471:24 days 421:6 479:14 479:20,22 de 348:5 de-tenured 346:1 375:9 dead 400:22 407:5 432:18 deadline 482:3 deal 282:7 350:18 351:1 360:5,10 362:11 368:10 384:18 394:10 395:17,20 405:1 471:6 dealing 356:23 dealt 351:8 Dean 243:17,18 244:3 245:20 246:8 247:5 249:19,20,22,23 250:7,18,22,25 252:15,18,22 255:6,8 256:8,15 256:19,22 257:8 258:24 259:5,9 260:1,13,14 261:4 261:22 264:23 265:2,4,5,8,11,17 266:10,19 267:12 267:16,21,25 268:8,9 269:5,22 269:24 270:15,21 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 492 270:22 271:1,10 272:23 273:3,21 277:15 278:19 280:1 285:25 290:1 292:16,19 292:22 294:25 295:23 297:7 298:14,15,24 299:19 300:15,18 300:20 301:11,11 302:1 313:6 317:13,23 320:24 322:16,18 323:2,5 327:5 336:12,21 337:1 342:2 343:7 343:10 354:2,24 355:13,20 356:13 359:22 364:14,23 365:1,4,23 372:21 373:19 374:1,22 375:25 376:4,12 376:25 377:4,4 382:9,15 384:6,8 390:13 391:10,13 391:13,20 399:12 414:16 416:10 418:11 419:2,13 419:14 429:12 437:9 439:24 445:15 461:10 462:2,3,15 463:2 463:16 Dean's 255:20 260:7 265:12 278:5 282:16,18 300:14 307:19 322:14,20 376:4 402:4 436:1 437:25 445:17 Dean--he 328:6 Dean--in 328:6 Deans 250:11,24 363:24 439:25 death 432:9,15,19 debate 279:11 decade 268:13 269:13,14 287:18 340:20 429:13 decades 283:10 285:23 decent 365:17 decide 252:4 256:10 333:16 378:18 430:3,3 437:14 442:23 443:15,23 444:4 453:25 decided 342:10 362:8,9 388:11 389:5 396:11 403:19 413:16 414:3 426:22 433:18 451:1 decides 260:24 352:6 432:16 decimated 389:14 decision 242:5 245:20 254:12 258:25 260:4,12 260:13,14 261:3 267:14 282:16,18 316:1 328:21 337:19 368:12,14 368:22,23,23 369:3 371:10 376:15 377:1 382:7,14 384:12 decisions 377:1,4 decline 325:6 declined 439:19 441:22 decrease 453:3,4 decreases 387:11 deep 342:15 deeply 349:11 375:18 defend 377:11 defending 377:13 378:24 385:22 defense 347:12 363:12 382:1 393:11 deficient 420:16 437:19 define 448:7 defined 260:16 261:1 279:6 357:11 defines 450:4 definite 406:5 definitely 414:3 459:12 definition 260:20 260:20 279:12 defray 348:3 Degal 400:19 degree 294:6,7 Delaney-Black 241:3 243:3 281:1 298:25 301:12 302:7 307:24 317:21 318:2 327:11 336:14 345:12,20 348:16 354:19 357:2 376:15 377:3 379:7 419:16 deletions 280:1 delivered 326:7 democracy 351:19 democratic 391:19 denied 335:17 Denver--he 343:8 deny 369:14 449:25 department 247:24 249:10 293:11,11 293:13,18 294:20 295:9 299:6 300:16 302:8,9 304:11 319:13 320:10,12,17 323:12 324:2,3,5 324:21 339:14,25 345:22 347:12,14 362:23 387:20,22 387:23 388:1,12 388:25 389:6,19 389:20,22,25 391:16 416:12 418:10 420:14 423:20 424:5,14 426:19 427:1 428:8,15 442:18 442:20 443:3,8,9 443:12 444:6 461:2,8,9,22,23 462:19 463:13 464:9,17 475:10 department-303:18 department--I 442:15 department--so 320:9 department--your 461:8 departmental 249:7 326:19 328:1 departments 247:12 293:2,7 303:17 323:6 391:16 461:11 dependent 252:3 depending 377:19 472:9 depends 324:21 377:9 471:21,21 deposed 465:16 Deputy 295:3 deriving 270:13 describe 279:19 286:17 375:23 413:13 described 264:9 304:7 403:11 describes 247:20 describing 289:2 desire 266:21 desk 331:8 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com despite 278:5 350:16 437:6 destroyed 398:5 detail 301:6,9 452:10 details 362:3 468:23 detective 444:4 deteriorate 256:18 determination 259:16 350:2 determine 264:21 268:6,8 293:7 432:14 determined 268:8 determining 267:10 Detroit 239:12 240:7,13 243:1 459:25 develop 281:22 developed 385:24 394:25 development 278:23,25 372:10 386:3 devices 360:10 devoted 357:13 dial 396:6 dictated 335:12 452:6 didn't--I 373:4 didn't--it 257:24 die 432:11,12 dies 432:10 Dieter 395:3,11 difference 258:20 284:23 288:11 289:16 406:22 423:14 differences 366:1 426:4,4 different 255:17 270:16 285:7,13 288:25 303:6 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 493 304:17,17 328:22 333:9 334:3 343:3 343:10 364:23 370:21 378:6,21 397:6 398:6 401:18,21 404:6,9 405:14 408:13 425:15 464:4 467:11,19 470:16 470:18 different--certai... 255:16 differently 272:1,6 331:21 difficult 290:5,12 349:21 351:10,15 395:15 399:1 410:13,17 426:10 441:14 446:15,16 446:18,18 463:14 482:15 dilate 422:20 dimensions 393:16 dire 317:1 402:10 408:14 direct 241:8,12,15 243:16 292:11 339:7 359:1 364:13 375:5 380:20 414:14 424:22 452:19 463:24 directed 439:17 directing 258:1 334:14 417:21 direction 315:22 322:17 394:1,6 421:12 directive 347:15 directly 320:16 445:19 director 293:20,22 295:4 316:1 340:1 Director's 316:12 dirty 359:18 disagree 255:2,22 259:4 376:11,13 376:13 424:24 disagreeing 450:11 disbelieve 373:24 disciplinary 477:12 477:17 discipline 301:17 301:25 302:16 318:21 321:3 464:14 disciplined 302:2 326:12 disclosure 280:7 discovered 301:17 301:25 302:7 410:25 discoveries 305:19 discovery 386:22 395:11 discretion 261:5,6 discrimination 331:20 discuss 253:7 267:4 273:22 431:4,6 478:17 482:12 discussed 250:5 290:24 364:5 458:12,14 discussing 370:8 discussion 243:19 269:3 329:23 445:7 474:13 Discussion--well 463:18 discussions 256:4 348:15 462:11,14 463:2,16,18 467:5 474:15 disease 399:2,3,6,9 399:23,25 404:7 disease-specific 404:2 diseases 396:22 disguise 426:13 dismiss 330:7,21 331:25 336:4,7 338:11 467:7 dismissal 239:1 249:8,16,18,20 253:21 259:1 272:2 282:16,19 329:4,10 337:3 362:20 369:17 374:21 381:18 390:13,14 423:16 423:21 427:13 437:8 463:10 464:11 dismissed 263:12 363:11 373:2 dismissive 459:13 displayed 253:23 disposed 427:14 disposition 280:2 dispute 391:25 461:18 465:19 466:9,11,22 468:13 473:12 disputing 246:6 464:23 465:20 dissertation 287:1 287:6,13 distinguish 418:25 distinguishable 420:13 distraught 254:3 distress 432:17 distressed 254:3 distribute 254:13 480:18 distributed 256:5 279:24 330:6 disturbed 355:12 DLE 437:17 DNA 385:15 386:2 386:3 392:7,8 DNP 252:7 do--continue 286:6 do--the 422:22 Doctor 243:8 244:15,19 246:6 255:4 256:22 257:11,17 258:1 259:2 266:3 267:24 268:6 270:1,20 273:1 277:11,19 278:17 280:19 284:21 288:2 289:21 291:15 317:3 327:17 338:25 380:13,22 381:5 384:19 396:25 401:22 406:7 413:12 444:13 Doctor-- 386:8 Doctor--bear 327:3 doctoral 303:7,21 304:3,5 313:15 doctrine 453:20 document 246:11 246:25 258:17,19 259:12 273:13 274:17,20 277:14 283:18 297:5 308:8 318:16,23 325:18 330:6 381:16 382:8,11 383:13,15 384:4 390:17,19,25 391:1 403:1 416:2 424:1 454:16,17 454:21 455:13 456:3 460:24 469:8 481:15,20 document--take 316:20 documentation 298:24 299:11 416:13 426:14 433:17 documents 244:25 246:1,10,21 247:15 259:25 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 261:23 262:20 276:19 283:20 297:9 312:14,18 327:14 469:1 dog 430:19 dogs 397:22 doing 257:23 263:4 267:5 268:17 270:16 342:11,12 347:16 367:13 368:5,6 393:10 396:3,4,19 400:14 407:20 430:11 431:19 433:2 442:21 443:12,14 443:14,20 456:22 dollars 400:14 433:2 437:4,7 Don 435:4 don't-- 356:3 don't--any 462:14 don't--every 377:8 Donald 239:21 doors 388:20 dose 421:5 dossier 244:17 245:20 246:5,8 265:10 318:13 dossiers 247:12 doubt 254:22 332:24 431:20 downfall 375:7 download 423:9,12 Dr 243:24 246:1,12 246:15 249:8 250:17 251:1,2 252:13,19,23 253:2 255:6 256:13,15,24 257:11 258:4,13 258:22,23 259:1,3 259:5,6,9,10 260:4 261:19 265:10 268:24,25 269:3 270:6,16 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 494 272:18 275:14 281:1 286:2,11,14 292:1,2,5,13 297:2,12,17 298:1 298:3,25 299:17 301:12 302:7 303:1,24 304:8,12 304:20 306:18 307:24 308:22 310:12 311:7,16 311:23 312:2 313:23 315:3,19 315:23,24 317:20 318:1,5,6 319:10 322:12,13,14,15 323:13,13,15,16 324:1 326:24 327:10 328:5,7,14 335:24 336:13 338:24 339:3 345:12,20 347:13 348:16 349:23 354:19,23 356:11 356:12,13,16 357:2 364:2 371:13 372:19 376:15 377:2 379:7,24 380:11 380:16 382:21 414:14 443:9 468:9 473:24,25 475:23 Draconian 361:11 draft 277:15 draws 303:16 Drive 483:13 driven 335:23 drug 398:25 399:6 406:20,21 421:5 428:1 drug--two 396:23 drugs 396:23 398:22 401:16 430:15,16 459:5 dual 292:24 dually 295:3 due 341:8,23 351:17 362:12,14 375:11 377:10 378:17 384:9 402:7 467:5 474:17 479:14 480:3,9 duly 382:18 duties 372:9 449:5 449:6,11,15 duty 295:1 Dwight 343:14 353:4 376:21 379:5 E E 396:11,13 420:18 421:6 427:21 464:3 E-mail 282:4 480:13,13,21 E.G 275:5 earlier 245:25 269:4 347:7 413:19 420:17 457:16,17 earliest 256:16 early 256:19 320:3 340:16 388:18 420:25 427:22 430:24 easily 386:1 428:22 481:15 easy 406:18 407:10 459:14 eat 370:17 economic 287:2 edge 311:8 editorial 456:14 educated 333:15 education 250:16 325:1,2,4 340:24 351:3 353:18 363:20 educational 384:20 Educator 274:8 275:23 284:7 452:17 effect 258:22,23 259:3,5,6,7 273:9 341:6 367:21 405:22 effect--it 259:4 effective 334:9 effectively 248:21 335:9 effectiveness 335:1 effects 343:1 397:11 effort 263:23 473:1 efforts 429:14 eight 421:4 445:14 eight-year 294:5 Einstein 385:18 387:11,14 either 249:12 269:17,25 423:15 452:13 481:16 elected 247:23 445:12 456:8 election 428:9,10 electronically 480:18 elements 298:7 351:14 eligible 248:9 Emergency 391:12 445:11 eminence 275:6,8 283:7 eminent 286:3 employed 261:12 292:14,15 employer 239:5 240:9 257:21 258:2 261:13 318:13 330:15 369:16 370:20 381:22 478:3 employer's 241:20 242:2,4,22 261:14 308:15,22 314:3 316:21 319:4,8 336:8 369:25 370:1 371:22 477:25 478:4 employment 287:18,19 384:22 453:7 ended 320:1,2 endorsing 376:4 ends 245:16 engage 439:17 445:4 engaged 270:5 271:8 303:1 324:23,24 376:9 424:23 Engineering 362:23 English 276:13 435:14,17 442:17 enjoyed 336:1 enlighten 288:15 enrolled 311:13 enrollment 319:19 entire 302:8 368:14 372:1 389:12 392:24 418:20 468:22 entirely 374:1 409:14 entitled 239:10 330:6 383:3 417:7 474:16 entitlement 449:18 entries 383:12 423:10 entry 405:19 enunciated 351:1 362:16 Environmental 295:4 enzyme 392:10 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com Ephylodemia 388:15 Epson 442:25 equal 387:14 439:7 441:10 460:16 equally 311:21,21 equation 421:16 especially 474:23 essentially 357:20 362:4 389:20,21 391:12 392:19,24 395:13 397:17 398:7 400:25 410:10 419:5 422:15 431:25 432:5,18 essentially-- 412:21 establish 299:19 established 283:1 297:2 299:3,15 330:15 354:7 385:15 418:13 establishing 335:16 355:17 estimate 344:6 estimation 347:25 estimations 345:22 Ethics 334:7 euphemism 357:23 European 389:6 evaluate 307:2 308:1 337:12 evaluated 297:21 297:22 311:8,9,17 311:23 evaluates-- 312:12 evaluating 308:3 336:16 evaluation 296:6 299:7 306:24 310:6,16,24 311:6 319:19 335:21 336:23 351:13 evaluations 335:13 event 382:2 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 495 eventually 343:15 346:6 everybody 321:11 359:17,18 389:7 423:19,20 481:8 481:21 everybody's 333:21 everyone's 482:14 evidence 245:19 258:2 262:10 269:1 275:8 277:5 283:6 284:1,25 285:19,21,23 286:10 287:9,15 288:22 298:7,10 298:14 299:1,5,12 299:12 300:9 301:13,19 302:6 318:21 320:23 330:17 331:22 332:9,22,25 333:2 335:24 337:8,12 337:15 350:4 381:14 384:2,11 402:13 411:7 414:6 434:10 458:24 478:21 exactly 253:6,16 262:14 264:7 277:9 310:1 318:18 388:4 403:4 408:19 441:5 exactly--you 401:10 exam 470:4 examination 241:5 241:6,8,10,12,15 241:17 280:24 282:15 284:19 292:11 327:20 339:7 364:13 366:16 375:6 380:20 452:19 463:24 473:24 474:10 examine 318:25 examines 330:13 example 251:23 252:5 257:5 286:23 303:20 326:1 345:15 348:16 361:4 393:10 456:12,13 examples 345:11 excellence 335:2,2 450:9 excellent 307:14 311:18 335:4 415:10 excellently 335:10 exception 279:16 excess 396:21 exchange 480:11 excuse 298:3 304:22 394:4 406:10 excused 291:18 328:18 380:2 475:16 excuses 405:15,15 Executive 259:15 289:23 290:2,20 290:22 291:3,7,13 330:13 332:5 336:10 338:2,11 374:13 exemplary 256:16 exercise 375:16 exhibit 241:20 242:2,4,6,8,10,12 242:14,16,18,20 242:22 244:15,19 245:2,16 246:7,12 246:19,23 251:13 255:5 257:18 258:2 259:2 272:25 277:11 283:14,14,18 284:12 288:24 299:23,24 308:14 308:16,22 314:2,4 316:21,23 317:4 318:13 319:4,9 349:24 350:1 356:11 369:25 370:2 371:23 380:25 381:3 382:21,24 383:1,2 384:17 401:24,25 403:7,9 407:22,24 408:15 412:4,7 413:11,13 414:10 414:13,17,25 415:2,5,17,19 416:23 417:1,11 417:15 422:3,4 425:4,22 433:12 433:14 434:18 436:11 450:4 451:23 454:19 458:14 460:6 461:4 469:1,2,6 476:6,23 477:9 478:2,5 482:18 exhibit-- 477:24 exhibit--Mr 277:21 exhibits 241:19 242:1 330:14 exist 337:3 existed 246:25 299:12 existence 327:22 exists 257:7 431:15 expanded 242:9 245:15 383:3,16 383:20 expectation 268:15 269:23 281:9,15 440:9 455:14 expectations 261:13,14,16 266:11,17,19 267:2,11,18 268:6 268:24 270:2 272:2,13,17 274:5 274:7 275:14 277:6,7 281:16 284:8 286:8 288:13 290:6 333:22 344:1 347:7 350:9 445:5 454:21,23 expected 262:4 264:9 272:14 277:9 281:22,23 290:9 expeditiously 332:6 482:4 experience 347:25 350:12 358:2,15 362:21 387:19 391:7 436:10,17 experienced 312:20 347:5 358:7 experiment 407:14 410:5,8,8,9,9,12 410:13,16,17 421:4,6,7 experimental 472:5 experimentation 398:24 421:1 experiments 395:21 396:4,4 400:6 410:3 432:7 432:9,14 436:19 438:7 expert 409:16 429:22 expertise 250:12 271:5 325:8 358:12 explain 306:21 344:17 366:10 424:24 433:15 470:5 explained 267:21 432:3 explaining 386:6 395:5 442:16 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com explains 384:25 explanation 366:9 461:16 explanations 288:21 express 254:6 expressed 254:1 266:21 375:5 expression 408:13 exquisite 424:15 434:5 exquisitely--I 424:14 extend 398:17,20 430:11 449:23 extension 466:7,12 extensive 245:24 465:7 extent 267:15 external 269:15 274:12,16 421:15 455:14 externally 343:12 361:20 extra 383:10 415:15 456:24 extract 317:3 extramural 275:11 extremely 441:21 F F 464:3 face 447:4 facie 330:16 335:15 fact 246:6 283:15 289:17 291:8 299:2,15 300:10 334:6 341:23 353:14 375:14 383:21 384:25 389:10 392:6 394:25 396:18 398:1 400:1 404:16 406:1 407:2 410:15 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 496 417:24 421:18 422:23 430:20 432:7 437:14 438:1,4 441:5 451:10,12,16 452:23 453:9 458:9 460:25 466:25 467:24 468:7 474:16 fact-- 419:21 fact--what 431:14 factor 276:12 288:3 288:10,19,23 289:1,4 290:4,19 290:23 421:23,25 factors 242:23 258:3,5,8,12,15 259:13,17,18,22 260:3 261:2 264:9 273:25 274:3,8,21 276:9,10,14,18 277:7 281:19 282:25 283:2,6,13 283:24,24 284:1 286:7 289:4,22,22 289:25 290:1,7,9 290:11,14 291:2 308:3 335:3 336:2 350:9 357:19 442:3 449:22,24 451:18,20 452:7 452:10 454:19 476:8 477:2 478:15 facts 253:8 354:11 373:11,16 factual 332:8 337:16 faculty 239:1,8 240:6 244:6 246:14,16,17 247:8,11,25 248:1 248:2,5,18,22 250:5,15 251:21 251:25 252:5,10 252:11 253:1,8,22 254:6,14,18,20,24 255:12,18,24 256:2,8 259:15,19 259:20 260:24 261:1,9 262:5 264:10,24 265:5 265:14,15,18,23 265:24 266:1,8,9 266:20,21 267:2 267:13,18 269:6,8 269:18 271:25 272:6 273:4,19 276:5,15,20,24 278:2,2 279:25 281:2,6,10,10,16 281:18,19,21 282:1,3,3 283:3 284:7 285:14 286:8 287:19 288:8,15 289:19 289:23 290:2,6,8 290:25 291:6 293:18 294:8,13 294:15 296:3 304:17 305:23 306:16 308:4 322:24 323:7,13 323:18 324:9 325:5 334:1,18 339:18 341:4 342:5,10,16 343:1 343:3,16,19,24 345:9,16,19,24 346:19 348:6,11 349:14 351:14 352:24 353:1,13 354:3 357:4,25 358:1,5 359:12,14 359:25 360:8 362:1 363:2,17 364:15 366:24 367:1,3,13,17,18 372:8 373:1 374:17 375:9,11 375:13,15,19,20 376:18,21 377:10 378:24 389:21 391:11,14,21 428:20,22 429:24 445:13 447:18 448:3,9,12,18 449:5,14,16 450:5 450:8 451:20 452:7 453:14 456:11 462:4 465:4 467:6 469:11 faculty-- 271:20 Faerie 442:24 fail 273:19 failed 262:22 437:22 461:11 failed-- 354:4 failing 428:17 fails 248:2 252:11 failure 260:5,21 264:4 330:18 333:11 356:17 397:9 399:22 400:18,20 413:24 fair 376:6 449:6 fairness 370:4 faith 453:21,21,22 fall 304:2 305:7,8 306:10,11 309:7,7 309:25 false 432:2 437:11 falsehoods 418:21 fame 434:1 familiar 260:19 356:19 451:18 famous 388:5,17 419:9,9 420:3,5,7 fan 471:18 fantastic 475:10 far 262:7 342:18,18 350:15 445:6 447:20 459:22 466:14 472:23 fast 393:12 406:18 fault 359:12 437:12 favor 333:2 363:2 favorable 311:22 Fazlul 465:13 fearful 375:6 February 381:9 feed 420:24 feel 443:2 447:3 481:17 felt 270:15 373:21 378:25 FERRER 443:9 fewer 385:4 field 256:14 285:19 286:23 385:7,8 399:17,20 436:14 436:16 fields 420:18 436:12 fifteen 329:21 fifth 436:20 fight 399:12 figure 385:14 411:9 411:11 444:16,24 file 302:9,9 376:2 379:1 filed 272:2 280:6 330:10 368:13 377:15 files 246:2 299:5 317:4 filings 465:17 466:4 466:4 468:17,18 468:20 fill 440:9 469:10 filled 319:2 418:20 final 282:16 283:12 294:4 478:18,19 481:23 finally 278:19 331:14 368:5 470:3 financed 400:12 418:5 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com finances 358:11 financing 418:6 find 253:3,18 266:6 277:12 290:5,12 310:2 311:11 353:21 354:21 357:10 399:1 405:2,7 415:12,16 418:21 426:3,4,7 457:25 468:5 findings 332:8 337:16 fine 329:22 342:12 342:23,25 380:5 390:19 401:1 418:4 434:6 477:22 479:15 481:11 finish 355:15 408:16 475:11 finished 271:21 286:18,19 295:1 395:13 474:5 Finley 315:25 fired 361:15 431:19 first 261:16 267:19 273:3 287:18 294:22 303:12 310:22 319:22 334:14 338:24 365:19,20 373:17 373:18 374:7 376:16 382:13 385:24 386:1,11 397:3,16 405:17 407:6,7,9 408:11 409:22 410:22 411:1 417:22 418:2,16,19 420:21 421:24 432:2 435:8 436:6 436:23 438:4,21 438:23,24,24 449:2 451:21 454:22 461:3 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 497 464:4 469:24 first--I'm 338:20 first--well 383:14 first-hand 416:17 firsthand 304:16 316:4 323:10 379:4,14 462:11 462:14,18 463:15 465:8,10 468:2 Fisher 405:12,12 five 248:7,8,14 279:10 296:23 302:24 308:1 319:12 374:20 375:1 419:4 420:8 420:9,11,12,16 421:2 432:2,21 433:6,7 441:6 453:2 475:5 482:21 five- 437:13 five-minute 291:20 380:4 473:16,20 five-year 262:22 fix 405:15 flawed 298:11 flood 375:8 flowering 387:24 focus 264:8,8,12,15 269:12 281:23 394:9 401:13,14 401:19 402:5 408:3 457:14 474:24 focused 268:13 271:19 274:10 Fogel 385:11 387:1 388:7 follow 404:11 406:17 435:18 follow-up 350:13 followed 258:3 294:1 391:9 followed--she 442:6 following 332:16 374:5 377:25 378:10 398:23 440:19 follows 243:5 292:10 339:6 380:19 fond 273:2 foolish 436:17 for--again 340:14 forbidding 411:4 force 351:6 Ford 403:16 459:10 form 244:18,23 245:8 278:1,3,14 278:18,24,25 279:4,24 280:5,10 280:15 297:8 298:23 321:13 440:9 445:5 481:14 formally 332:16 377:25 457:2,4 format 310:1 former 343:7,7 forms 395:8 formulate 254:12 forth 258:8 273:25 378:13 388:22 448:24 478:21,22 forward 263:19 264:8 343:18 344:5 Foucault 442:21 found 386:1,19 388:7 398:23 399:7,12 404:2 407:5 440:21 465:21 467:13 foundation 272:7 288:18,22 296:14 298:16 341:16 344:10 354:10 416:6 foundational 303:22 four 302:24 304:11 308:1 363:13 397:6 401:4,8,10 413:19,20 418:4 419:3 421:2 427:4 429:16 430:5 437:9 456:22 462:7,12,24 four--three 311:12 four-year 294:1 fourth 311:12 Fox-Chase 389:14 fragments 243:13 Franco 443:24 Frank 391:6 frankly 330:8 406:21 436:18 fraudulent 465:7 467:1 freedom 280:7 333:16 347:19,20 362:12,13 frequent 273:23 frequently 293:8 friend 394:19 396:10 friends 428:14 from--also 340:2 front 417:12 FTIR 431:10 full 262:24 274:8 283:16 331:14 339:9 358:16 380:22 416:3 419:1 423:16 437:15 446:2 452:3,25 fully 258:8 function 397:12 functions 404:25 fund 421:11 fundamental 274:24 299:15 303:3 fundamentals 313:15 funded 400:17 436:2,4,4 438:16 funding 263:22 269:15 274:12,16 275:11 445:22,24 446:6 452:21 455:15 459:8 funds 263:20 446:12 further 243:5 273:20 280:18 311:10 327:16 364:7,15 372:22 379:21 445:16 446:20 453:4 475:15,24 future 253:10 263:19 264:2 383:18 458:13 G gal 409:7 gal--I 409:6 Galante 240:2 241:5,8,10,13,16 244:16 251:5,9 254:16 257:19,24 267:19 272:4 273:11 275:25 277:12 278:12 279:5,9 280:22,25 281:15 284:2,10 288:6,17 289:2,8 291:17,25 292:12 296:19,23 297:4 297:15,16 298:20 298:22 299:18 300:4,13,19 301:4 301:20 302:3,6,13 302:17,20 305:5 307:22 308:13,19 308:21 309:15,18 310:15 312:5,12 312:19 313:3,7,20 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 314:1,5,12,16,22 316:4,14,17,24 317:10 319:1,4,6 319:10 320:4,8 321:4,6,9,17,23 322:1,3 323:21 327:18,21 328:13 328:19 329:12 331:1,5 336:11 338:3 341:13,16 342:21 344:8,13 344:20,25 346:11 346:17 354:5,17 354:19 355:2,6,14 355:24 364:10,12 365:11 366:3,15 366:20,24 369:24 370:7,10,15,18 371:4,7,12,24 372:4,6 379:18 381:15 382:5 384:3 390:15,20 390:23 402:10,15 402:18,22,25 403:5 408:14,18 411:8,9,15,18,22 412:8,13,17,22 414:7,8,17 415:1 415:11,14,21 416:11,22 417:4 419:12,15,17 423:23,25 425:10 425:11,25 426:2 434:12,14 444:19 444:23 446:23 447:2,6,9 454:13 454:15,18,20 455:12 467:23 468:1,5,7 469:6,8 472:20,25 473:5 473:10,11,17,23 474:4,8 475:15,24 476:3,7,11,15,22 477:1,4,8,22,25 478:8,13,16 479:7 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 498 479:11,15,22 480:5,14,17,23 481:1,6,10,12,22 482:3,8,13,18,22 Galante's 327:14 Galloway 398:16 gates 375:8 gay 443:24 genders 404:6 gene/chromosome 475:12 general 240:3,4 243:14 276:9 403:24 generally 324:5,13 324:19 333:7 360:4 363:17 422:19 generate 351:25 403:17 424:18 generation 352:1 genes 386:12 408:8 408:12 genetic 385:25 408:7,22 geneticists 387:25 388:14 genetics 387:25 396:12,13 409:16 409:18,19 410:1 426:19 427:21,21 434:21 genuinely 424:11 Gerontology 340:2 get-- 482:7 get--it's 459:18 get--we 352:5 getting 248:8 257:2 268:14 331:23 351:9 385:9 395:17 397:16 407:16 463:19 467:2 Ghosh 239:23 girlfriend 434:25 give 244:14 277:10 280:16 292:21 304:17 314:25 317:18,20 345:11 345:15 366:8,18 373:8 380:25 381:15 384:8 386:17 396:16 400:24 407:4,11 415:11 418:1 427:6 429:9 433:9 438:22 440:3,11 441:17 459:16 480:14 given 258:18 266:22 267:7 272:10,12 281:19 288:21 296:4 317:12 320:4 323:19 334:18 335:14,25 337:23 348:21 358:6 363:12 382:20 384:15 411:25 415:24 462:19,20 462:22 466:12,13 466:17 467:6 gives 297:8 304:19 321:11 375:11 377:10 giving 279:12 374:14 glamorous 396:5 glumatine 458:7 glutamate 396:21 396:24 397:11,12 397:19 398:2,3,5 398:13 430:9 glutamate/gluta... 401:15 glutamine 397:12 398:8,9,12 413:25 430:10 go 244:17 251:4 261:19 264:8 267:2,18 268:4 272:9 273:18 274:16 277:12 282:12 284:15 292:6 293:13 302:18 311:10,19 330:1,22 338:2,4 338:9 349:15 352:5 380:8 385:12 386:8,23 389:21 391:24,25 395:1 406:10 421:11 426:3 436:22 440:2,7,14 441:19 448:22 451:13 458:15 460:1 464:25 467:13,25 468:25 470:17,25 471:1,2 471:2,4,14 476:5 goals 272:15 344:7 344:9,24 345:3 goes 245:16 257:7 275:15,16 330:12 337:20 352:21 384:14 393:6 goggles 395:24,25 going 254:16 261:13,16 263:18 271:13 273:9,11 278:6,15 279:13 280:14 290:14 291:5 293:7,8 298:18 307:14 318:19 321:9 324:9 333:17,18 333:19,23 334:19 338:20 342:21 344:8 346:11,14 353:7,12,16,17 354:5 356:9 369:10 370:23 371:16 375:6,8 380:24 382:18 386:5,11 387:13 388:11 390:15 397:21 406:14,16 406:24 407:1,15 409:20 415:19 416:22,25 418:7 420:20 424:16 426:7 430:7 431:1 431:9 436:12 439:14,15 440:3,8 440:11,13,16,17 442:6,7,13,23 443:2,15 444:1,3 444:5 448:15 449:1 451:2,2,23 454:10,15 458:9 458:11,17,20 459:20 460:3 463:7 474:17 475:19,21 479:5,9 going-- 406:9 going--yeah 406:9 good 243:8,8 311:1 311:4,5,9,18 312:3,17 358:11 388:18 391:3 393:3 407:14 412:11 418:6,8 420:7 422:17 424:13 430:24 431:17 437:1 441:9 453:21,21 453:21,22,22 470:8 475:5 Google 425:12 Gordon 240:11 283:19 474:4 476:17 478:22 481:18 Gordon's 328:22 gorgeous 392:13 gotten 300:6 320:15 365:21 368:19 396:18 governance 351:14 government 435:24 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com Governors 293:15 329:4,10 332:17 333:6 336:3 337:18,22 342:3 349:10 361:19 369:17 378:1 447:21 Governors' 260:17 331:24 447:21 450:2 Governors's 374:10 graciously 359:21 graded--okay 310:14 gradients 392:18 graduate 292:17,20 292:22,23 293:5 293:14 294:1,25 295:15,21,24 296:1,12,21 303:4 313:13 319:12 325:1,3 388:23 405:16 432:24 434:23 438:12 471:23,25 graduates 409:22 grant 242:13 263:13,23 265:16 268:21,21 269:15 271:3,18 274:15 291:9 336:10 357:12,12,13 358:15 359:6 370:19 383:9,19 383:25 387:9,17 390:6 392:3 394:22 396:18 397:16 406:8,12 407:2,4,6,11,11 407:25 408:10 410:5,9,20 411:18 412:4,10,18,25 420:20 421:13,14 421:15,16,18 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 499 431:16 433:4 436:2,4,12,23 437:9 440:2,4,6,8 440:10,14,15,18 445:22,24 446:6 453:15 458:10 460:7,14,15,16 467:2 475:7 grant- 282:12 granted 330:21 336:7 409:2 447:23,25 granting 331:25 grants 257:3 262:23 263:16,18 263:20 264:2,14 264:22 268:14 270:13 271:14 276:22,22 283:8 291:11 343:21 345:13 346:5 348:2 357:12 359:16 432:24 437:12 453:10 454:2 455:5 471:12 grants--sorry 422:9 grantsmanship 291:4,8 graph 417:23 gray 405:13 great 264:11 279:11 282:7 349:12 351:2 362:15 365:18 384:18 400:2 410:15 430:6 443:21 great--well 424:13 greater 325:25 359:7 Gregory 240:11,12 241:4,6,9,12,15 241:17 243:7 244:14,18 251:11 251:12 254:19,23 257:17,20,22 258:1 267:24 268:5 272:10 273:16,18 277:10 277:19,21,22,25 278:17 279:7,14 279:17 280:18 281:12 282:14 283:25 284:17,18 284:20 288:7,24 289:12 291:15 296:14,25 297:10 298:5 299:14 300:9 301:10,24 302:11 307:18 308:7 309:13,20 309:22 312:8,11 312:15 313:2,4 314:10,15 316:2 316:13,15,25 317:1,3,7,9,12,15 317:17,20,23 318:1,4,8,11 320:22 323:22,23 323:25 327:16 328:10 329:7,17 329:20,23 330:4 331:10 335:18,20 338:10,17 339:8 341:21 346:22 347:17 354:13,18 354:22 355:4,11 355:21 356:8,11 364:7 365:8,10 366:13 368:13 370:3,4,9,13,16 371:2,5,9,11,19 379:20,21,23 380:5,11,21 381:4 381:13,20,21 383:2 384:1,18 390:22 394:8 401:25 402:12 403:10 406:11,12 407:23 408:16,19 411:6 413:12 414:6,14,18,22 415:3,8,10,13,18 416:7,8,24 417:2 417:7,12,21 419:22 422:4 424:2,22 425:1,3 425:6,9 426:16,17 433:9,13 434:10 434:19 445:2,3 446:4,7,20 454:10 454:17 455:10 467:21 469:5,7 472:18,23 474:2 474:11 475:13,18 475:21 476:23 477:3,6,11,14,19 478:11,24 479:1 479:18 480:7,10 481:7 grid 247:17 347:7 grid--and 347:9 grievance 368:12 369:14 377:15 379:1 grievances 370:19 grip 432:19 gritty 331:23 grounds 337:3 group 275:7 343:17 375:20 guarantee 341:8 347:20,21 guaranteed 347:19 453:5 guess 355:15 412:17 419:12 421:20 478:16 479:19 guess--I 415:21 guided 276:8 Guidelines 259:13 281:20 290:7,10 gun 405:7 guy 395:3 409:6 440:5 guys 442:14 443:17 481:25 367:18 has--is 365:17 has--that 351:22 have--of 376:3 have--they 430:23 H haven't--let 408:16 h 425:14,23 426:4 Hazelton 251:2,5,6 h-index 433:23 Hazlett 251:6,8 434:5,7 464:7 423:3 h-indexes 433:22 he-- 297:15 316:14 had-- 361:21 he--read 369:13 had--personally head 343:15 394:22 328:4 395:4 399:12 half 326:5 472:11 heading 305:18 473:3 Health 295:4,22 Hall 239:11 322:6 343:13 385:20 halorhodopsin hear 278:8 309:22 392:4,11 417:19 444:19 hand 257:17 292:3 468:24 339:1 380:14,24 heard 263:2,6 423:9 333:13 335:13 handling 282:8 336:15 345:6,8 hands 317:6 321:14 347:6 365:1 359:18 373:19 407:10 Hangzhou 435:10 hearing 239:14 happen 397:21 245:13,14 246:11 415:14 441:16 253:3 278:9 451:11 330:11 337:7 happened 253:17 353:25 359:20 253:22 286:23 361:14 362:24 302:15 361:9 374:4,5,17 375:12 417:23 414:23 451:8 happening 282:6 482:23 happens 293:11 hearing--to 362:24 310:12 358:19 hearings 246:9 happy 456:20 412:1 457:1 hearsay 308:9 Harbor 386:17,18 316:2 318:24 434:22 328:10 331:15 hard 269:9 338:22 342:22 346:12,15 387:5,15 436:15 347:3 373:6 453:7,11,24 454:1 415:24 416:3,3,4 459:17 460:4 416:9 hard--this 459:17 heart 352:18 hard-working heat 471:17 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 500 heavy 333:1 Hefner 343:13 353:3 379:5 height 390:11 held 239:9 246:14 292:18 294:16 339:22,24 340:17 357:2,3 help 266:7 272:16 285:1 390:7 409:20 440:2,3,6 helped 400:5 helpful 269:19 407:19 Hemerals 410:20 Henry 403:16 459:10 her--but 424:15 hidden 441:13 high 345:14 347:14 384:23 385:1 422:11 424:18 434:7 high--as 347:13 higher 340:24 351:3 353:18 highest 365:5 highly 333:15,15 378:19 him--he 352:13 him--read 429:15 Himeji 435:20 hire 388:4 hired 343:6,12 386:24 389:2,15 hiring 323:13 388:13 his-- 344:24 historical 282:25 302:23 427:24 history 427:20 468:22 hit 405:8 hitting 396:6 Hokkaido 435:19 hold 293:16 340:10 340:17 401:22 422:1 holding 294:19 340:21 Hollingstadt 287:12 holographic 393:15 home 471:3,19,20 472:8 honestly 245:7,8 253:5 254:21 272:22 285:8 Honigman 465:12 honorarium 434:23 honored 378:19 hope 360:9 475:6 Hopefully 437:1 Hornberger 242:5 368:22 371:10 478:7,13 Hornberger's 328:21 hospitals 459:20,22 hostile 253:13,15 253:16 hour 326:4,4 hourly 334:12 hours 261:25 262:1 262:1 304:22,22 304:24 305:1,9 306:2,4,5,17,18 314:6,8,17,20,21 320:12,13,19,21 321:1,2,6,14,16 321:24 325:13 326:5 400:22 469:16 470:1,1,7 470:9 471:7 hours--contact 306:18 hours--six 304:21 housekeeping 476:3 how--the 289:17 how--what 367:16 human 398:22 399:11 407:4 430:23 436:22 Humanities 378:19 humans 403:21 458:24,24 hundreds 287:10 400:13 433:1 437:3,6 hypothesis 441:1 hypothetically 279:24 268:1 277:2 367:16 376:17,22 379:5,10 461:10 identify 266:6 269:19 276:14 318:25 381:5 383:4 386:13 402:1 413:13 422:5 identifying 375:19 if-- 397:18 if--it's 461:12 ignorance 454:9 ignorant 432:5 I 455:6 I'm-- 424:1 illegal 453:17 I-- 365:6 378:9 imagine 450:6 454:5 immunological I--are 257:8 400:6 I--is 349:22 Immunology I--let 457:17 391:17 IBS 303:10 315:5,7 impact 274:24 315:12,15 implement 281:20 idea 254:3,25 322:5 329:4 258:20 292:21 implemented 258:4 326:10 396:15,16 375:11 397:15,17 400:8 implementing 406:25 407:7 268:1 278:18 409:14 415:25 implied 453:20 418:24 420:24,25 importance 291:5 427:3 428:11 important 251:21 440:18 441:8 253:9 298:6 450:6,14,15,17,20 347:22 351:13 452:20 454:24,25 392:5,7 394:14 462:16 466:23 396:21 397:14,19 468:12 470:8 400:9 468:25 471:11 472:13,13 importantly 336:19 473:14 393:8 ideas 430:6 impossible 436:14 identification impress 429:12 380:25 381:5 impression 278:3 383:3 402:1 356:22 407:24 422:5 improve 253:9 433:14 282:11,12 349:7 identified 259:14 407:12 430:14 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com improved 344:1 improving 268:16 in--if 436:10 inability 271:2 inactivates 398:9,9 inactive 432:1 inadequate 298:11 inappropriate 249:15 253:4 390:22 incentives 359:13 include 275:9 282:1 332:7 included 248:11 250:11 251:25 included--I 250:8 including 422:11 inclusive 381:24 income 274:15 incomplete 412:18 412:23 413:2 incorporated 378:7 increase 266:21,23 343:20 348:24 359:15 364:17 442:14 increased 359:2 increases 276:8 increasing 357:12 357:13 incredible 429:5 434:24 incur 351:22 indefinite 449:17 indefinitely 449:23 independently 243:17 indicate 261:23 291:4 304:20 indicated 246:15 277:16 278:1 284:21 294:8 364:14 indicating 277:2 468:9 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 501 indication 297:12 306:4 indifferent 431:18 indirect 358:19 individual 247:12 287:3,7 293:2,6 296:7 305:23 307:3,15 311:6,24 324:8,22 325:10 325:23 326:21,23 352:8 363:23 366:4 373:23 423:6 individual's--what 296:5 individually 265:13 267:22 304:8 individuals 243:23 250:13,14,15 261:2 267:5 268:12 272:13 290:8 379:6 industrial 471:6 ineffective 290:15 inform 282:5 300:4 information 245:15 245:23 246:3,7 247:18,25 248:11 251:24 252:3,23 256:7 263:3 280:7 280:12 298:22 302:10 307:1 308:25 320:10,16 331:6 358:5 364:1 382:16 383:11 384:18 393:8,9 396:7 413:5 416:14,18 418:8 informs 337:5 inhibit 400:1 inhibitor 398:7,8 initial 246:5 333:22 336:16 initially 247:25 initiate 244:5 initiated 244:7 264:23 275:11 343:9 initiates 281:18 initiating 337:3 injected 400:21 input 391:10 inquired 271:16 inquiry 270:11 inside 323:8 instant 352:9 institute 295:5 340:1 385:5,20 395:4 427:1 instituted 301:18 Institutes 295:22 institution 251:22 334:8 instruction 439:24 instructional 293:9 324:20 instructor 303:24 307:5 310:11 311:6 312:19,25 315:10 327:1 instructors 296:7 297:22 304:11,13 307:4 insufficient 335:24 intake 292:25 integrals 404:25 integrated 303:8 intellectual 411:5 448:13 intellectually 438:10 441:20 interact 328:5 interaction 373:5 391:4 interactions 344:3 344:4 441:2 475:12 intercede 323:6 interest 269:23 270:2 408:6 422:15,23 431:17 interested 267:5 268:16 348:2 385:9 424:17 426:22,23,25 427:8 431:12 437:20 459:11,12 460:4 interesting 347:22 410:24,25 441:21 446:14 Interim 294:24 internal 342:8 349:25 364:22 international 256:13,25 257:12 275:5,12 394:23 422:25 423:2 424:6 434:7,8 435:2,3,24 464:21 internationally 434:20 Internet 405:17 471:5 Internet--everyone 466:24 interpret 309:10 interpretation 456:5 482:9 interpreted 334:22 interrupt 406:7 interrupted 266:3 286:20 interval 389:5 interview 247:11 247:21 introduced 365:19 394:10,19 477:7 introducing 313:13 invade 333:20 inventory 323:9 investigated 397:5 investigating 397:3 investigation 298:8 298:10 465:21,23 465:25 466:9,15 467:8 investigations 275:2 407:4 investigator 257:9 investigator275:10 investigator-initi... 283:8 invitation 435:7 invited 299:20 359:21 435:9 invoke 350:18 invoked 341:22 involve 293:22 351:14 432:19 involved 243:16 250:3 265:15 267:14 280:10 299:16 300:10,14 310:7 312:9 313:5 336:15 337:24 340:9 343:10 361:23 363:24 373:13,17 434:20 465:11 468:4 471:13 involved--no 300:14 involvement 341:9 involving 373:1 Iowa 351:5 irrelevant 296:16 297:3,4 318:12 371:11,13 382:14 384:10 Irvine 392:21 is-- 312:7,11 370:15 417:23 is--and 285:24 is--either 356:2 is--I 279:10 is--okay 244:17 is--we 303:6 issue 269:12 336:12 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 350:19 370:7,10 372:5 373:2 378:6 384:10 455:24 460:22 issued 307:15 364:4 issues 269:11 332:8 360:2,6 369:18 it's-- 302:3 412:11 it-- 297:10 478:23 it--because 481:25 it--make 301:20 it--well 411:13 italics 383:10,21 J Jack 343:11 349:14 360:7 365:16,22 365:23 438:4 454:23 Jack's 437:11 Jakewood 483:13 James 239:10 241:11 339:4,10 Janos 394:10,15 395:18 January 468:10 Japan 435:9,18 Japanese 389:6 435:24 Jeakle 240:12 Jennifer 239:16 Jim 386:15 job 283:21 287:18 331:20 334:12 388:6 John 250:8 join 294:21 joined 387:22 460:15 joining 387:8 joint 255:5 272:25 288:24 356:11 361:25 388:19 414:24 Jose 239:17 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 502 journals 242:15 275:3 414:2,4,5 414:11 judge 269:24 276:4 judged 248:10 288:15 299:7,10 336:17 judging 421:21 judgment 336:5 344:6 363:11 374:2 375:16 376:5 377:8 Julie 266:25 267:3 267:9 Julius's 386:16 jump 429:2 jumped 442:7 jumps 429:10 junk 442:10 just-- 475:25 Just--there 419:22 justified 300:5 justify 384:12 knew 254:8,9,10 397:21,24 398:15 409:25 420:20 435:16 452:22 knew--that 360:9 knock 397:20 know 244:2 245:7,8 245:9,10,12,14,22 250:14 253:5 254:2,21 256:12 256:22,23 260:18 260:23 261:15,18 262:7,9,10,14 265:9 267:25 271:10 272:22,25 276:18,20 277:9 278:21,22 279:9 280:2,4,8,9,11,14 285:8 286:14 289:18,21 290:25 296:9 297:14,21 298:7 304:16,18 306:1 308:11 314:22 315:12,21 K 316:10,15 317:14 Kaluza-Klein 318:24 319:21 385:7 326:13,18 338:4 Karmanos 437:17 341:21 342:3,20 Keane 343:15 346:4,17,18,19 353:4 350:12,15,20 keep 250:19 407:15 351:17 352:23 407:16 417:18 355:5,22 356:20 427:3 482:18 356:21 358:10,12 kept 262:13 296:5 360:8 371:7 373:4 key 351:15,15 373:15 375:5 362:10 378:9 386:9 kills 399:23 390:11 395:10,15 kind 301:6 334:17 397:20 398:1 338:19 360:1 401:10 403:4 390:2 394:4 404:4 405:4 409:25 418:14,15 407:14 408:25 462:23 476:3 409:18,19 412:20 kinds 331:15 413:7 415:21 343:25 348:10 416:8 418:3 419:7 452:23 464:13 419:9 420:2,17,22 421:5 424:6 426:7 427:17 429:22 430:24 432:4,23 436:6 439:11 440:16 441:18,24 441:25 442:4,7,10 442:17 443:15 445:6,18 446:10 447:13,14,22 451:3,14,21,22 453:9,19 455:5 456:2 457:16,18 458:2 459:23 461:14,24 462:5 462:13,22 463:1 463:19,21,23 464:10 466:2,14 466:17,19 468:16 468:20,22 470:14 470:14 471:11 473:5,6,9,10 474:12,23 479:18 481:17 482:14 know-- 386:7 390:14 know--said 409:7 knowledge 254:23 256:7 276:18 280:15 291:13 296:19 304:16 314:16 316:5,9 319:16,18 320:19 323:10 343:2 350:12 352:1,1 357:5,5 363:13 364:1 377:16 379:4,15 391:1,2 416:17 462:11,14 462:18 463:15 464:12,13 465:10 465:17 468:3 knowledge-- 465:8 known 403:21 knows 261:12,14 279:7 407:17 466:25 knows--that 261:9 Komoltorov 405:1 Kuhn 239:21 Kyoto 392:21 394:20 latest 353:10 laugh 364:21 law 467:25 laws 351:5,5 lawsuit 465:13,15 466:3 468:4 lawyer 363:1,1,10 L 465:11,12 466:5 L-I 323:13 lawyer's 468:18 lab 322:5 385:4 lawyers 273:1 388:15,17,17 455:17 418:1 435:11 LDS 400:19 470:19,21 471:1,2 lead 270:8 341:20 471:2,15 473:4 leadership 275:6 lab--look 470:25 358:1 lab--with 471:4 leading 256:5 label 416:22 417:1 264:22 281:12,14 labelled 290:14 316:13 320:22 laboratory 295:7 365:14 366:17 323:14,19 386:16 leads 403:25 390:1 learn 264:15 311:3 labs 388:21 390:9 402:8 405:20 435:23 learned 386:12,13 lack 273:5 287:20 404:21 409:21 288:4 353:22 learners 469:17 437:25 473:1 leave 259:22 lacking 340:8 280:12 338:4 Lande 322:6 422:1 429:4 470:19 482:22 Landmarks 386:20 leaves 248:20 language 333:7 lecture 434:22 372:16 386:5 469:23,24 470:6 429:20 470:15 Lanyi 392:20 lecturers 326:23 large 311:20 lectures 304:18,19 375:20 393:12 305:15,16,20 406:3 310:19 326:4 largest 406:5 470:17 Larry 346:3 lecturing 435:22 laser 395:23 396:6 led 318:21 472:4 Lee 328:20 388:4 last--let's 261:19 left 315:24 389:11 last--well 475:4 389:12 391:5 late 320:2 393:25 395:14 461:25 lately 420:4 467:17 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 503 leftist 443:24 legal 280:13 447:15 447:17 448:1,19 453:17 454:5,24 455:2,5,7,8,24 legalisms 453:19 legislature 333:5 lengthy 279:11 Lessem 250:9 lesser 331:20 let's 302:18 306:21 313:7 393:10 417:2 426:17 443:7 448:22 453:2 456:6 460:6 479:11 480:3 letter 243:23 253:20 254:13,17 254:24 255:5,9,11 255:14,17,19,21 255:22 256:1,11 265:22 273:13,14 333:22 341:20 354:2,6,12,14 355:25,25 356:12 356:24 357:1,4,6 357:8 367:5 372:20 395:5 413:15 418:20 420:15 427:13 462:19,19 463:5,8 468:9 472:22 letter--and 418:11 Letter--the 266:5 letters 243:10 254:7 266:5 272:19 341:10 343:24 354:8 355:2,4,17,24 356:5 364:14 367:4,9 372:19 373:4,19 423:21 462:22 463:19,22 464:3,11 level 262:5 273:8 275:12 283:4 326:19 335:7 349:2 356:17 364:17 455:15 levels 396:24 398:12,13 Lewis 406:15 Li 323:13,16,16 Liberal 363:21 lie 470:12 life 392:23 396:7 398:20 399:16,19 406:22 444:16,24 459:4,6 475:2 lifespan 432:10 lifetime 351:17 398:18 430:12 light 392:14 405:5 478:25 likes 455:23 456:3 limited 466:7 Linda 240:2 244:14 251:7 277:10 344:19 423:3 line 253:19 311:5 388:8 474:12 Lisa 239:18 343:15 list 242:19 321:23 346:1,7 411:16 418:22 462:13 464:2,6 listed 250:7 299:23 299:24 306:2,5 320:20 438:2 listed--generally 306:6 listed--I 462:4 listening 301:21 listing 462:7 literature 404:3 443:13,13 little 251:18 260:1 324:21 328:22 333:1 334:2 406:21 433:21 434:2 446:24 458:7 472:10 473:17 lived 434:25 liver 264:4 397:9 399:22 400:18,20 400:23 413:24 438:10 457:6 living 342:6 399:16 399:19 load 306:15 Local 339:13 long 257:15 271:3 292:18 294:13 339:18,22 340:13 349:20,20 362:18 395:1 431:21 436:19 452:14 465:1 470:25 long-time 394:18 longer 315:21 316:5,11 419:9 longitudinal 403:20 look 245:2 248:17 251:4,12 259:23 272:25 275:18 297:20 309:24 312:1,5 316:20 321:8 337:11,15 347:9 393:25 395:19 401:10 404:5 407:23 409:23 418:24 428:1,1 430:2 434:2 436:10 439:6 444:2,3 449:1 457:18 459:4,6 479:11 looked 267:22 268:11 280:14 300:21 342:9 432:8 437:22 441:24 450:18 looking 255:4 282:4 311:24 349:24 359:4 405:14 431:10 441:6 469:5 475:12 looks 246:24 283:1 400:23 430:1 Lorca 443:23,24 lore 441:14 lose 467:20 losses 351:22 lost 302:19 353:12 368:24 401:19 lost--we 461:25 lot 333:13 334:11 334:12 353:7 367:11 408:6 418:8 420:2 422:18,22,24 423:1 426:20 446:13 453:16 457:7 470:16 472:10,15 474:13 lots 456:10 Lou 250:9 love 475:9 low 429:14 434:5 ludicrous 397:16 lunch 329:18 331:8 M M 240:2 457:12 459:23 M.D 294:6 made--under 389:16 Maeda 392:21 394:19 magazine 242:11 402:24,25 Magic 398:16 main 303:2 353:7 440:21 475:10 main--on 353:6 maintain 257:1 262:17 356:17 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com maintaining 273:7 major 269:2 385:3 385:14 393:21 399:22 434:22 major--who 440:21 majored 385:2 majority 471:20 making 277:18 290:19 324:19 325:11 326:6 360:19 386:13 making-- 467:24 MAL 422:14 440:18 441:11,12 441:18 man 365:17,17 man's 253:19 manage 328:7 managed 323:9 management 358:6 Manager 391:13 445:11 mandates 306:24 mandatory 329:3 368:20 369:15 370:13 371:1 372:17 manner 264:2 manuscript 287:4 many--not 461:21 many--so 304:17 March 239:12 243:2 253:20 254:13 255:5 258:12 264:18 283:16 297:13,17 297:18 302:22 321:8 341:22 354:2 356:12 372:21 483:7 Margaret 361:4,7 361:23 468:8 mark 395:11 433:23,25 marked 241:19 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 504 242:1 308:16 314:4 370:2 381:3 383:1 401:24 403:2 407:22 413:11 417:11 422:3 433:12 458:14 478:5 marked--the 451:19 masque 442:25 Master's 293:3 material 293:9 301:11 307:3,21 312:22 325:24 326:6 materials 248:6 305:24 306:7 393:3 395:12 417:24,25 mathematical 404:24 Mathematics 385:2 385:3 Matherly 346:3 Matt 398:16 matter 239:2,10 325:7 328:21 332:4,23 410:10 446:17 matters 381:24 Max 395:4 maybe--I 451:12 MD 458:18 MD/PhD 293:20,23 MDs 406:25 459:9 me--before 386:4 me--six 304:22 mean 251:5 260:18 279:6,7,19,22 287:21,22 289:3 300:20,22 307:11 307:23 346:17 348:6 355:9 356:1 376:7,9 382:9 383:12 404:5 407:9 412:20 415:21 419:8 427:7 432:2 434:21 436:3 442:15 447:2,23 448:20 456:24 462:5,22 463:20 464:24 466:23 470:16 472:13 meaning 266:25 269:17 337:1 356:16 462:2 means 262:2 288:21,22 333:14 344:13 352:1 356:20,21 375:25 389:6 393:5 399:16 429:5 430:20 432:10 436:8 447:13,14 447:16,17 449:11 450:6 453:22 455:24 meant 447:3 measure 287:2 399:1,5 measured 350:25 404:25 measures 272:15 measuring 283:3 meat 375:19,23 mechanisms 295:16 medical 250:15,21 294:3,6 325:1,2 343:7,9,19 344:7 344:9 345:3,4 349:13 352:14 353:3 358:10,14 359:23 386:23,24 387:6 442:5 452:24 459:17 medicine 239:4,20 247:14 258:5 271:25 274:4,9 279:25 282:5 283:1,2,13 287:16 292:15 293:3,21 293:25 295:3 304:6 323:3 335:3 341:4,24 342:16 348:1 350:14,21 354:3 357:22 359:22 360:3,6,9 363:14 367:1 385:19 387:5,12 451:18,19 466:2 476:7 477:1 Medicine-- 337:1 Medicine--you 362:18 mediocre 429:14 meet 252:13,19 253:2 265:13,18 267:7 272:14 298:13 364:2 365:21 482:12,17 482:21 meeting 247:22,23 250:24 252:15,18 253:6 259:24 264:17 266:10 269:22 277:6 346:20 363:24 439:13 445:15 meeting--what 283:4 meetings 243:22 246:13,13,16,20 251:3 253:24 255:8 267:13 343:22 345:9,11 357:2,7 358:3,5 379:16,17 389:21 394:23 435:2,3,3 megapixels 393:14 member 239:8 246:17 247:25 248:2,6 251:21,25 256:2 259:19 262:5 264:10 266:2,20 267:2,13 269:19 276:15 278:2 281:2,18 285:15 287:19 294:8,13 296:3 305:24 308:4 323:13,18 334:1 340:3,19,24 345:16,19,25 346:19 362:23 363:2,7,8 373:1 375:11 377:10 447:19 448:3,12 448:18 449:14,16 450:8 453:14 456:11 465:4 469:11 member's 252:5 281:11 283:3 member--I 248:19 members 239:14 247:11 250:20 266:21 269:7 271:1 290:8,25 306:16 324:9 332:18 334:8,19 338:18 341:7 342:10 343:24 352:24 353:1,13 354:3 357:4 359:12,25 374:18 375:13,15,20,20 378:2,24 462:4 463:13 467:6 membership 376:16 membrane 393:5 membrane-bound 392:10 memo 390:12 memory 297:18 430:14 mention 334:24 mentioned 250:22 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 280:1 306:22 463:6 mentor 265:24 266:6,8 348:11 370:23 456:18,20 456:21 mentored 456:23 457:2 mentoring 265:21 265:22 266:1 269:17 349:16 360:13 362:5 370:6,11,20,21,25 371:2,4 445:5 Mentzer 322:15 merely 464:21 merger 461:21 merit 248:10,10,13 met 246:17 249:1 254:5 258:23 259:5,9 266:25 267:3 270:21 335:15 345:17 363:23 373:20 382:9 384:7 385:10 386:5 metabolism 399:25 400:1 methodology 269:10 MetroLaser 393:19 mice 400:10,13,20 400:22 401:1 404:16,16,19 406:2,6 420:23 421:1 436:19 458:23 471:17 Michels 438:19 Michigan 239:12 240:7,13 243:1 333:5 340:10,12 341:2 389:13 483:14 Microbiology 391:17 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 505 microscope 390:4,5 middle 311:1 400:9 438:2 miffed 395:7 million 399:23 mind 371:6 mine 400:3 415:16 minimal 424:23 426:18 minimizing 367:12 minimus 348:5 minute 415:12 448:15 minutes 250:19 251:4 253:5 329:21 482:21 mis-quote 274:19 mischaracterizat... 419:13 mischaracterizing 379:8 misconduct 465:20 465:22 466:8,15 466:22 467:8 Misha 388:16 misrepresentation 419:19 missile 393:11 missing 250:20 Mississippi 467:13 467:13,14,15 mistaken 248:24 mistakenly 364:20 364:21 mistakes 365:25 405:19 misused 378:16 MIT 388:15 mitochondrial 385:25 386:2,3,12 434:21 435:2 mitochondrialist 388:5 Mitra 391:9 mixed 404:6 MLS 401:2 model 392:25 398:19 modern 388:12 modified 332:15 377:24 modulate 396:24 398:12 401:16 430:9 molecular 303:19 388:13 389:2,4,12 389:19 426:19,21 426:23 427:6,8,20 428:13,14 444:8 471:8 molecule 393:14 397:19 398:7,8 moment 380:24,25 422:1 433:9 456:6 momentarily 349:23 Monday 480:5 money 263:13 348:2 357:12,12 359:7,16 387:5,6 387:9,13,15,17 390:3,5 397:15 400:13,16 403:17 421:13,14,15,16 421:19,21,23 431:16,22 433:3,4 445:25 453:7,11 453:25 454:1 467:2 474:24 475:1 Monica 405:16 457:4,10 471:4 monies 357:14 monitor 293:1,6 Montalban 444:2,4 months 317:8,9 359:2 421:5 435:1 Moore 240:12 moral 449:20 morale 367:17,20 more--making 360:19 morning 243:8 motion 330:2,7,13 330:20,25 331:25 335:17 336:4,7,10 338:11,14,19 mouse 398:18,19 400:21 420:22 421:4 430:12,13 432:6,10,11,12,17 459:3 mouse's 432:10 move 287:25 313:7 328:10 369:24 393:16 408:12 425:7,9 426:17 moved 387:2 movement 351:2 movies 393:15 moving 322:5 MSO 397:5 399:25 400:24 401:15 413:20 436:5 458:7 multichannel 472:6 mumbled 435:17 Munich 395:4 Munson 250:18 343:14 353:4 376:22 379:5,11 murdered 443:23 muscle 403:24 mutants 393:7 472:4,7 mutations 386:2,14 my-- 344:12 my--on 279:10 my--you 418:21 myself--met 267:1 N name 250:6,21 339:9 380:22 426:10 439:11 names 321:11 422:7 423:11 426:14 457:21 462:8,9 464:9 Nanjing 435:10 national 256:13,20 256:24 257:6,12 257:14 275:5,11 282:22 295:21 340:18,19,22,23 340:25 455:15 national/internat... 257:1 nature 242:11 270:18 353:17 402:17,18,20,23 402:25 412:1 431:4 436:11 460:22 Navaka 443:14 nearer 360:1 necessarily 423:3,4 476:12 necessary 329:3 373:8 428:24 need 259:17 264:8 264:12 334:15 354:11 384:19 390:4,4 393:11,12 407:15 411:3,3 433:3 455:4 456:16 470:4,23 471:2,25 472:1 needed 359:1 406:25 407:1 433:16 458:17,18 Needleman 239:7 241:14 242:7 249:8 252:13,19 252:23 253:2 255:6 256:13,24 257:11 258:4,13 258:22,23 259:1,3 259:5,9,11 260:5 261:20 268:24,25 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 269:3 270:16 272:18 275:14 286:2,15 295:25 296:9 297:2 298:2 298:3 299:17 301:5 302:21 303:1,24 304:9,12 304:20 305:15 306:1,19 307:7 311:7,16,23 312:2 314:18 315:5,19 316:5 319:11 320:16 323:15 326:24 328:9 333:23 335:25 337:6 352:11 356:13 364:2 367:5 370:24 372:20 378:22 380:12,16,17,23 382:8 414:15 416:3 417:8 429:22 447:10 461:7 473:24 474:1 475:23 Needleman's 246:1 256:15 265:10 282:19,22 296:12 296:20 297:12,17 306:15 309:6 310:12,17 313:23 314:6 315:3 316:10 318:5 322:5 324:1 328:3 382:22 Needleman-356:16 Needleman--and 286:11 Needless 389:10 needs 440:15,16 negatively 352:21 negotiate 360:4 368:18 negotiated 348:9 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 506 348:14 368:10 372:7 negotiated--they 368:18 negotiating 340:3 350:16 negotiations 340:9 348:9 351:10 Neruda 443:16,20 nervous 264:4 417:17 neurochemicals 398:14 neurological 396:22 never 257:7 262:13 286:25 300:23 371:6 373:4 381:17 382:11 387:16,18 394:25 410:7 414:4 420:22 424:16,18 427:17 428:9 429:25 436:4,13 442:13 450:18 451:2 452:13 453:14 454:4,6 456:8 new 264:21 288:3 288:19,23 289:4 289:22 290:3,19 290:22 292:25 305:19 307:20 323:7,13,18 325:24 358:6 367:22 368:1 385:11,13,20 387:12 389:4,15 408:2,21 414:17 427:1 475:8 477:9 newly-created 299:12 News 402:20 nice 388:24 404:18 422:13 424:9 443:3,18 444:11 Nick 440:5,6,7 night 331:12,14 NIH 242:9 257:5 347:11 358:22 383:3,7,15 384:19 396:14 407:6,11 411:13 412:4 413:6 436:12 446:18 460:7 nitty 331:23 no-- 379:9 no--I 364:5 no--to 343:2 noise 429:6 432:14 nomical 408:11 non-academic 357:20 non-academics 358:8 non-equal 469:25 non-symptomatic 404:16 non-tenured 282:1 282:3 nonproductive 254:4 421:13 nonproductivity 257:16 258:14 270:25 nonsense 407:18 420:10 421:17 438:3 439:16 normal 386:5 474:1 not-- 445:23 469:18 not--again 448:15 not--can 278:12 not--changing 264:6 not--major 386:24 not--no 370:11 not--she 354:20 not--so 305:14 not--the 382:6 not--these 327:22 note 258:12 267:23 318:12 noted 357:15 382:18 notes 284:15 notice 372:22 373:2 419:10 notices 341:5 notified 361:13 notion 396:17 401:18 407:9 409:24 411:5 449:22 471:5 novel 274:23 409:14 410:21 430:4,5 novels 444:4 NSF 347:12 392:3 394:22 408:24 nuclear 386:2 number 255:8 266:12,15 272:23 276:21,22 287:10 306:5 313:18 314:24 340:5 405:9,12 415:2 422:8,9,9 453:1 464:6,8 469:17 470:11 478:11 numbers 310:2 319:19 406:2 422:11,20 424:19 425:24 426:4 427:3 429:6 457:16 numerous 254:6 285:18 288:20 474:15 Nympha 388:14 O o'clock 331:13 O'CONNOR 240:15 483:11 object 254:16 273:11 277:14 341:13 342:21 344:8 346:11 354:5 356:4 378:20 384:3 390:15 412:17 416:5 419:17,23 425:11,17 454:10 objected 277:24 344:24 382:6 389:10 objecting 419:12 objection 267:20 267:23 272:4 279:5 281:12 283:25 288:18 296:14 297:1 307:18 309:13 312:8 313:2 316:2 316:13 320:22 328:10 371:9 381:16 403:5 414:8 434:15 472:23 objectionable 416:18 objections 378:22 382:18 434:13,14 obligation 258:21 obligations 448:19 observation 408:21 obtain 265:24 obtained 260:14 278:1 308:24 309:3 obtaining 275:9 283:7 obtains 247:24 obviously 301:10 428:14 445:24 481:23 occasion 318:9 occasions 250:4 occur 458:23 occurred 322:8 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com occurs 401:19 October 383:15 403:3 409:1 411:12 468:8 of-- 406:13 480:4 of--there 405:1 of--they 443:19 of--usually 390:2 offending 468:6 offer 265:23 266:5 284:11 303:6,21 320:5 321:9 333:22 381:13 384:1 402:13 411:6 414:6 431:11 433:22 434:10 offer--I 402:13 offered 268:24 272:1,17 296:3 304:1 305:5,7,12 309:14 319:22 381:24 386:25 387:12 388:8 434:12 445:3 offering 315:19 415:16,22 offerings 293:12 324:20 offers 282:11 office 240:4 247:4 249:5,6 254:11 255:20 259:19 280:4 296:5 297:20 309:2 322:15 328:1 445:17 offloaded 359:16 often--I 472:13 oh 251:7 253:15 257:22,23 275:24 277:25 280:17 298:12 309:15,22 310:13 314:12 317:8 322:2 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 507 339:23 340:7,14 366:6 369:12 370:9 390:18 402:12,18 407:7,9 407:13 419:17 423:25 425:25 438:9 444:23 461:19 467:11,18 469:14 474:3 477:3 okay 276:2 278:15 289:6 291:19 296:17,24 298:4 300:2,7 301:3 302:6,17 306:6 308:13 320:15 321:4 323:4 329:16 335:18 336:18 337:25 338:3 342:23 356:6 366:23 367:25 369:10 372:14 374:17 376:6 377:15,22 378:12 382:17 384:23 386:6,9 387:22 390:8 392:1 393:15,16 395:7,12 397:2,7 397:17 398:7 399:2,17 400:14 401:4,20 404:9 405:3 408:18 410:20 411:5 414:24 415:7 416:22 417:9,18 419:2 421:10 423:7 425:18 427:9 429:15 431:6,15 434:11 436:16 437:2,11 437:12 438:3 439:23 442:14 443:11 445:11 448:7,11,22 449:17 451:5,23 453:4 454:13 455:12 456:15 458:17 459:10,20 461:20 462:17 463:1,21 464:6,22 464:23 465:2 467:11 468:13 470:5,23 471:17 472:4 473:19 476:14 477:4,10 479:4 480:7 481:2 482:2,6 old 384:25 436:6 old--in 399:14 old-fashioned 387:23 388:2 old-time 388:5 389:3 older 443:18 omitted 419:4 422:7 on--well 396:15 once 270:8 305:5 305:12 336:20 347:23 353:9 391:19 407:1 408:2 410:21 419:9 420:3 428:7 434:6 436:21 437:3 439:22 445:9 455:23 once--that 449:19 Oncology 345:17 345:17,23 one's 264:6 282:25 399:16,19 one-- 476:20 One--go 476:2 one--neither 257:8 one--well 440:4 one-hour 305:16 one-time 466:7 one-year 466:12,13 one-year--he 466:18 OneCard 470:23 ones 294:18 310:1 357:9 406:5 413:19 463:4 ongoing 276:5 287:15 466:16 open 304:4 375:8 388:21 opened 450:18 opening 329:17 332:22 338:20 352:22 operated 366:1 operation 346:8 ophthalmologist 391:6 opinion 312:5,11 313:6 328:25 369:23 372:1 373:7 opinions 250:2 opportunities 282:10 opportunity 272:11 272:12 296:11 306:20,25 307:2 308:21 320:8 321:12 322:4 331:7 445:4 optical 472:5 option 248:21 252:9 325:5 368:21 379:1 options 256:10 273:22 optogenetics 393:21 394:15 395:9 or-- 304:25 387:20 or--I 395:15 oral 479:2 order 253:6 257:1 329:3 423:7 454:21 ordered 342:7 organisms 395:19 original 274:23 275:2 287:14 418:14,15,18 Originally 394:13 Osaka 435:19 Osterheldt 395:3 other-- 459:21 ought 349:3 out-- 411:11 out--all 354:8 out--if 405:7 outcome 267:12 outcomes 253:10 outrage 254:1,2 outrageous 331:16 outset 330:10 349:13 outside 325:8 388:20 442:15 443:4 444:6,9 459:25 460:5 outstanding 287:23 overall 310:23,25 311:9,15 overhead 345:14 347:14 390:1,6 400:16 433:4 overrule 268:3 272:8 278:16 308:7 320:25 346:15 371:17 382:18 384:13 412:24 Overruled 278:10 284:4 289:6 425:18 oversee 292:25 P P.C 240:12 p.m 329:25 338:7,8 339:5 370:1 371:22 380:2,6,7 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 380:18 381:2 382:23,25 384:16 401:23 403:8 407:21 412:6 413:10 414:12 417:10 422:2 425:21 433:11 434:17 473:21,22 475:16 478:4 482:23 P14359 240:11 P35914 240:2 packet 412:12,14 452:16 Padua 400:4 page 241:2 258:11 258:11 275:1,17 275:18 276:3,5 309:25 311:13 350:1 369:21,23 417:22 424:2 442:3 454:15,20 460:20 463:25 464:25 469:3,6 pages 311:12,19 412:15 460:11,12 460:14 483:5 pages--I 311:12 pages--this 369:2 paid 359:2 420:25 Panck 395:4 panel 239:15,20 302:20 306:21 337:8 353:25 362:24,25 363:1 365:3 374:17 384:11 416:6 468:2 481:2,14 Panel's 480:21 paper 286:25 397:1 400:10 401:9 406:3 428:3 438:10,15,22,23 439:11,12 457:6 458:21 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 508 papers 386:19 397:7 399:21 400:17 401:4,8,10 404:20 413:20,20 413:22 418:4,5,6 419:5,6 420:12 422:10 428:1,1 429:16,19 430:1,2 430:5,6,21 431:2 431:2,10 432:4 433:7 438:5 457:9 457:10 458:3 464:8 471:3 475:5 papers-- 429:17 paragraph 273:3,7 275:19 372:10 449:2 465:1 parallel 303:18 paramount 348:4 pardon 271:22 309:23 parenthetically 465:2,3 pariah 353:20 Parisi 342:2,2 364:23 399:12 462:2,3 park 472:14,15,15 472:24 parking 472:15,16 472:16 Parrish 241:11 338:24 339:3,4,10 345:5 349:24 354:23 356:11 364:13 371:13 372:20 379:24 part 245:19,20 250:13 251:22 254:12,22 256:4 260:4,12 299:6 327:4 331:10 335:21 343:23 346:22 352:17 358:21 370:5 381:18 382:12 469:1,8 participant 293:9 participate 248:2 248:12,13 252:8 389:22 441:22 participated 264:24 282:15 participating 276:25 particular 245:12 250:3 259:12 306:14 308:20 310:5 311:7,24 324:10 345:19 350:19 359:19 404:15 408:25 410:12 436:13 439:18 448:17 465:13 469:3 471:7 particularly 253:18 338:22 341:23 353:10 358:4 433:24 468:5 parties 332:11 388:20 parts 256:16 412:19 party 386:6 465:15 466:3 pass 381:1 397:24 passing 351:5,5 Pasternak 399:14 patent 394:24,25 395:7,8 patented 395:5 patient 404:12 437:1 patients 334:3 398:25 403:20,22 403:25 404:5 406:16,19,22 407:1 458:18,22 459:6 pattern 406:5 patterns 404:14 pay 442:11 paying 445:25 pdf 481:14,23 peer 275:7 335:13 335:20 336:12,18 337:7,10,24 350:4 351:13 352:16 374:2,4,6,7,12 peer-reviewed 275:3 peers 336:17 337:11 Pellet 391:18 penalized 453:14 penalty 249:2 pending 363:14,18 Pentagon 393:17 393:19 people 243:11 254:5 298:12 299:20 309:3 331:20 333:16 336:13,15 341:10 342:5 343:12 345:12 346:2,13 347:8 348:19 349:1,7 350:24 351:16 353:21 356:23 358:8,10 358:25 359:2 360:20 361:20,23 362:13 363:23 374:8 375:24 376:17,22 386:9 388:18,21 389:10 389:11,15 399:23 401:19 409:17,25 410:1 413:23 418:10 422:16,20 422:24 423:1,15 424:16 426:12 429:6 434:2 435:11 436:7 439:10 442:2 443:3,12 444:11 457:21 460:4 461:1,22,25 462:9 462:18,22,24 463:20 465:14 people's 378:17 416:12 425:14 435:23 perceived 308:4 percentage 387:8 peremptory 335:22 perfectly 431:22 434:6 perform 260:5 261:10 262:11 273:19 333:12 334:5 335:25 349:7 performance 252:14 268:16 269:1 310:17 331:21 335:7 343:5 350:5,7 369:18 445:17 455:21 463:3,17 474:21 performed 260:24 261:20 262:12 444:14 performing 253:21 262:8 335:9 349:2 349:3,4 period 257:15 259:10 270:24,24 271:3 286:4 294:5 320:6 324:10 342:2 348:9 350:9 361:9 381:25 385:21 394:1 418:23,25 periods 262:22 permanent 393:11 permissible 372:17 permit 264:2 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com persisted 391:15 persistently 348:17 person 268:1 342:19 352:8 361:12 376:20 377:5 409:11 481:22 personal 247:10 316:9 383:10 428:17 personality 428:24 personally 250:19 252:13 265:1 286:14 317:15,17 328:2 personnel 246:1 302:9 Ph.D 239:7 292:25 294:6 303:7 435:8 phase 303:12,13 phases 303:11 PhD 294:2 456:23 457:12 PhDs 456:23 phenotypes 441:14 phenylbutyrate 397:3 401:16 413:20 430:15 458:3 phenylbutyrate--... 458:2 Phil 391:17 465:23 philanthropists 443:19 Philip 239:22,22 phonetic 244:13 267:1 287:12 315:24,25 346:3 347:13 388:4,14 388:15,16,17 391:18 398:17 400:19 405:1,22 406:15 408:12 410:20 442:21,22 442:25 443:1,14 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 509 443:16 photons 392:14 393:5 photopigments 395:19 phrase 285:3 295:2 329:8 430:18 phrasing 355:22 physical 389:15 Physicians 343:16 physics 385:3,4,6 394:11 physiological 399:4 Physiology 293:13 293:19 294:20 295:9,15 303:20 Physiology--our 293:12 PI 392:3 Pianist 444:2 picked 420:22 picking 353:13 429:6 pieces 368:25 piggyback 406:24 pigment 394:12,13 pixel 393:14 place 267:20 272:4 272:15 288:18 323:1 324:4 379:15 381:16 393:23 421:24 429:3,11 440:1 454:22 457:23 459:23,25 462:12 place-- 346:20 placed 265:21 266:11 267:11 places 345:14 437:17,23 plan 343:16 436:21 437:2 planning 415:22 plans 280:4 plasma 406:6,17 platelet 295:11 pleading 415:4,19 416:1 please 244:15 245:2 251:12 257:18 258:11 266:16 272:25 277:11 289:13,15 330:4 335:20 339:9 349:9 380:22 381:6 387:21 407:23 408:17 414:14 424:9,22 425:9 433:10 440:7 445:2 pleased 365:22 plural 243:21 plus 277:4 312:18 381:24 441:19 453:2,3 poem 399:15 point 243:12 301:16,24 303:2 320:1 324:25 331:2 349:9 395:10 400:7 430:22 432:9 451:1 467:16 472:3 474:20 point-- 377:20 pointed 361:11 policies 332:14 policy 340:24 350:3 polish 456:16 polishing 437:20 Political 339:12,15 339:25 polymerase 392:8 poor 262:20 263:8 269:1 307:14 471:15 portfolio 247:16 portfolio--not 247:16 portion 315:15 371:25 portions 481:16 posed 270:4 position 252:6 258:7 259:12 291:6 292:18 294:19 324:14 339:11,20,22 340:21 350:22 386:25 450:1 454:6 positions 293:16 294:16 339:24 340:10,17 positive 267:17 319:23 possession 246:19 246:22 possibilities 363:18 possibility 353:19 375:21 possible 332:6 344:2 351:20 352:25 394:24 449:13 482:5 possibly 258:16 post-doc 359:7 385:18 post-Franco 444:5 post-hearing 382:20 425:19 479:5 post-Modern 442:20 post-tenure 279:4,6 279:8,18,20,22 350:22,24 351:2,6 potential 267:4 potentially 266:23 practical 405:3 practically 318:14 practice 325:21 343:16 pre-charges 297:2 pre-grant 437:13 preceded 336:6 precedent 329:10 336:5 predicate 369:15 predict 459:3 preferred 387:13 preliminary 268:18 268:19,19 291:9 307:9 410:6,7 420:21 436:18,20 446:13 prep 325:20 preparation 306:2 306:4,4,8 320:13 321:23 325:25 326:11 469:16 preparatory 325:13 prepare 244:18 245:4,5 255:21 326:9 327:13 332:5 prepared 245:8,9 245:11,12,14 326:10 349:18 360:13 381:8,17 383:13,14,15,16 384:4 411:13,14 preparing 326:3 452:16 preponderance 330:17 332:9,21 332:25 prerogative 325:9 479:3 present 264:10 295:8 345:12 347:24 357:3 358:4 433:8 453:10 460:2 present--I 256:1 presented 245:19 345:20 presenting 304:21 presents 304:20 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com President 249:21 258:25 259:7 260:8,10 261:4 272:20 294:22,24 330:22 332:6 336:14,20 337:17 337:20,22 339:12 339:21 340:12,14 341:2 343:8,13 349:17 353:2 360:12 361:10 364:2,6 365:20 374:14,14 378:23 President's 349:18 President-- 343:6 pressure 343:19,20 349:1 prestige 439:5 presumption 387:16 pretentious 439:9 pretty 331:15 347:15 358:11 398:21 405:24 prevalent 441:7 444:7 prevented 385:22 previous 258:17,17 263:3,7 279:1,3 283:9 285:10 361:10 previously 243:4 283:10 317:12 prima 330:16 335:15 primarily 358:8 primary 289:18 292:23 primary--and 268:22 primary--in 291:8 primates 397:23 prime 291:4 439:1 principle 362:16 prior 249:17 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 510 252:15 257:6 263:4 264:18 285:23 286:9 287:22 297:13,17 297:18 302:15,18 302:21,22 303:10 311:16 321:3,8 327:6 339:24 360:23 362:17 372:25 381:25 384:6 462:2 476:20 477:17 481:4 privilege 288:7 prize 395:11 probably 287:11 331:13 354:20 358:22,22 373:8 383:15 393:25 396:16,19 397:1 400:15 403:3,23 405:24 424:16 428:11 429:19 430:6,8 435:20 450:24,25 451:1 458:8 460:4,13 469:12,14 470:6 470:25 478:25 probably--Amru... 457:6 Probably--as 317:5 probably--I 408:25 Probably--it's 403:2 problem 263:15 269:11 335:21 347:24 352:16 358:24 359:9 366:7,7 368:11 392:24 398:24 409:14 411:22 443:17 problems 263:17 265:19 349:13 351:23 359:17 360:11 430:16 procedure 269:23 331:11 334:21 362:7 363:10 367:23 368:1 370:11,20,21 394:24 395:6 423:17 440:1 procedures 405:20 423:16 proceed 302:13 313:14 329:17 338:16 proceeding 239:1 329:2,5,11 332:3 338:23 369:17 374:21 381:19 431:23 462:10 463:10 477:18 proceedings 239:9 337:4 341:19 362:20 477:13 483:6 process 243:9 247:20 250:3 252:2 265:11,12 265:13 266:7 293:1 300:15 323:12 335:11 336:16 341:8,9,22 343:23 348:12 349:16,21 352:17 352:18 360:14 362:5,12,14 368:20 375:10,12 375:22 376:8,9,10 376:13,14 377:6 377:10,16 378:13 378:14,17,25 382:12 400:25 403:11 452:3,6 467:5 474:17 process--processes 378:16 processes 244:5 produce 263:15 271:14 275:15 276:14,15,17 290:10 354:25 produced 283:19 345:21 product 421:20 443:4 productive 252:25 255:15 264:13 265:17 269:7 271:13,24 286:10 289:19,20 291:1,2 445:22 446:6 productivity 265:20 266:22 273:4,6,8,24 274:2,5,6 276:12 276:13,20 283:3 283:11 284:23,24 285:1,4,12,16 287:20 288:4,4,12 288:16,19 289:17 290:21,24 298:13 343:4,20 344:1 356:18 357:11,15 357:20 359:8 364:17,19 401:11 products 386:14 430:23 profession 333:15 334:17 professional 281:4 281:9 334:7 348:12 372:8,9 442:8 449:7 professionals 281:7 334:4 professor 262:5,24 274:8 275:22 282:19,22 293:19 295:25 296:9,11 296:20 301:5 302:21 305:15 306:1,15 307:6 309:6 310:16 314:6,18 315:5 316:5,10 319:11 320:16 322:5 323:16 328:3,9 333:23 337:6 339:12 346:2 352:11 364:13 367:5 370:23 372:20 382:8 389:7 416:2 419:1 421:10 423:4 424:4,13 442:18 447:10 451:24 452:3,4 461:7 465:21 professors 284:8 306:14 334:9 358:9 389:9 401:11 422:8 423:12,16 443:18 462:7,12 464:2,9 program 244:11 268:2 274:10 276:3 282:4 293:3 293:5,13,20,23,24 294:3 303:21 304:5 319:12 program-- 296:21 programs 292:17 292:20,22,24 294:2 295:24 296:1,13 progression 399:2 399:6,8 459:6 prohibit 336:4 project 271:19 390:3 396:15 446:12 458:20 460:3 promotion 242:23 244:9 249:7 259:23 273:25 275:22 276:11 283:13 357:18 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 451:20 452:6 477:2 prone 357:25 proper 405:20 properly 404:11 428:3 431:3 proposal 361:10,11 361:13 propose 410:7 proposed 314:1 316:23 317:4 324:4 prospect 264:21 270:13 protected 352:3,4 protection 351:17 352:18 protects 351:23 protein 388:2 389:3 426:22 427:9 428:12,12 444:9 proteins 392:7,12 protocol 399:11 proton 392:4,5,9,15 392:18,24 protons 392:15 proud 405:21 prove 423:7 provide 358:15,19 455:9 provided 256:20 307:3 337:9 384:6 402:2 provides 252:6 providing 250:1,1 341:3 421:15 province 333:21 provision 331:25 350:7 Provost 361:4,7 Provost's 249:5 psychologically 412:2 public 280:6,12 359:11 385:19 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 511 publication 265:16 268:11 271:14 287:5,6 418:16,19 419:4 436:13 publications 242:15 263:18 264:3,22 269:13 270:8 274:11 275:2 276:21 286:24 291:10 413:16,17 414:10 418:22 419:3 421:3 438:1 publicity 254:7 publicly 359:20 publish 257:3 287:7 391:22 414:4,5 421:9 431:21 432:4 440:23,25 published 286:25 287:3 353:15 414:2 419:11 420:12 429:23 432:22 publishing 261:21 261:24 264:1 268:12 432:23 436:21 pull 313:23 341:12 403:1 pulled 299:21 307:6 319:24 321:7 pulling 320:9 pumped 392:15 punitive 362:7,10 pure 298:11 301:14 purple 392:13 393:5 purports 433:15 purpose 300:3 418:2 421:9 purposely 422:7 pursuant 370:24 pursue 391:22 purview 249:12 put 268:17 272:15 310:25 311:8,17 312:3 327:25 345:25 348:17 353:25 357:13 359:6 390:5 411:4 412:15 413:16,18 413:19 423:19 433:17,18 435:15 437:21 439:7 451:16 456:15 470:11 477:23 481:19 put-- 288:6 puts 372:21 putting 358:25 375:24 390:1 440:1 pz 483:14 356:7,10 358:2 365:12 366:8,19 366:20 367:8 369:21 412:9,11 418:9 419:25 422:19 425:23 433:6 435:25 446:3 447:17 448:16 454:14 455:7,10,11 458:22 461:6,6,13 462:10,17 473:3 476:16 481:14 question--so 476:11 questioned 282:14 questioning 447:4 questions 268:10 279:21 280:18 314:13 322:1 323:21 328:13 365:15 366:18 368:2 379:18,22 Q 395:14,16 439:13 qualified 410:2 446:20 455:6 qualify 257:5 474:7 475:23 qualities 423:7 quick 277:13 quality 422:10 quickly 284:16 426:12 434:3 402:12 457:18 quantum 385:7 quit 467:9,9,12 Queen 442:24 quite 253:15 question 255:17 268:25 269:21 261:16,17 263:14 356:25 361:5 265:1 268:4 270:1 388:18,24 392:5 270:3 272:5,9 422:17 465:1 279:13,15 281:14 quitting 467:11 282:17,24 283:12 quote 356:14 284:22 285:2,6,8 418:12 287:24 289:7,7,9 R 289:11 296:18 raise 248:8 263:13 297:18 300:12 292:3 339:1 307:9 310:16 380:14 321:1,5 322:2 raised 368:16 369:4 326:2,17 327:10 369:7 371:15 344:14,21 347:1 355:9,15,19 356:4 raising 371:14 ran 428:10 456:1,7 random 404:4 464:5 range 307:11,13 314:25 358:23 ranged 315:3 rank 276:16 rapid 393:9,12 rate 307:4 rated 310:24 311:15 ratings 307:10,11 Ray 388:3,6,9 Re-Cross 241:6 284:19 re-joined 295:2 re-state 263:14 re-write 411:3 reach 270:17 362:1 read 245:24,25 253:5 275:19 277:8 331:11 369:19,20,22 370:5,18 378:5,11 401:20,20 402:8 404:20 428:3 429:17,19,20 430:2 431:9 437:14 440:7 442:3,4,8 449:2 452:13,16 482:11 reading 274:25 275:1 309:13 377:22 449:4 455:12 ready 326:7 330:1 380:9 412:2 437:8 446:23 451:12 479:9 real 438:11 459:6 459:19 reality 270:23 realize 442:1 realized 433:16 really 348:7 352:8 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 373:15 385:3 387:24 393:20 395:25 407:14 408:7 418:9 420:6 433:23 435:14 454:1 459:19 468:16 reappointed 465:6 466:2 reappointment 466:14 rearranged 303:15 reason 252:22 253:2 255:2 347:12 352:12 372:25 373:24 384:4 387:18 437:21 438:5 457:22 459:13,16 471:14 reasonable 332:24 337:2 361:8 449:5 474:22 reasons 333:10 442:12 459:18,19 reassignment 323:8 rebuttal 242:17,21 329:15 330:9,14 338:21 401:7 414:15,19 417:7 417:12 424:2 431:23 433:16,18 434:12 460:24 464:1,25 475:24 recall 244:3 248:17 254:22 256:3,6 266:12,15 270:3 272:23 289:12 290:23 307:19 314:24 354:23 361:3 362:6,11 receive 294:6 295:20 296:4 328:2 394:1,5 420:14 479:14,23 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 512 receive--as 248:17 received 241:19 242:1 254:7 278:3 308:16 309:14 319:9 333:23 341:5,10 357:4,5 367:6 371:23 372:21 382:24 384:17 386:15 403:9 412:7 414:13 417:11 423:21 425:22 434:18 439:24 463:5,8,21 464:11 464:13 478:5 receives 290:1 receiving 328:8 recess 291:21 329:24 330:5 338:7 380:6 473:21 recipients 307:1 recognition 275:6 282:8 434:7,8 435:25 recognize 448:3,8 448:11 456:10,18 461:7,20 recollection 321:12 354:16 recombination 385:16 recommend 249:8 249:16,18 265:23 266:1,8 282:16,18 372:12 recommendation 249:11,22,23 259:7 260:7 267:18 330:22 336:21,25 337:17 337:21 360:23 362:2 374:13,15 recommendations 267:15 361:24 377:2,3 379:11 recommended 249:20 350:2 recommending 258:25 276:7 record 251:10 255:4 262:18 265:16 268:11 269:1 277:13 278:13 288:19 289:3 291:10,22 297:6,13,17 301:2 302:23 326:25,25 327:1,2,3 328:23 329:25 330:2 336:17 338:8,10 339:9 357:15 380:7,9,22 390:16 391:3 402:19 418:13 419:1 420:13 436:16,24 473:22 479:2 record-- 277:19 record--I'm 277:22 recorded 325:16,17 recording 262:15 396:6 records 243:18 297:5 299:6,21,22 299:24 300:15,18 300:20 302:9 303:1,25 304:20 306:3 309:1 314:5 320:10 321:3,7 327:22,25 328:1,1 416:12 468:21 recruited 385:12 recruitment 323:8 323:16 redacted 321:10 redirect 241:5,10 241:17 280:21,23 280:24 327:19,20 474:9,10 reduce 398:2,3 reduction 453:15 refer 286:16,22 338:21 469:3 refereed 242:15 414:2,4,5,10 reference 273:24 374:2 referenced 373:1 references 350:6 referred 255:11 295:18 319:14 342:9 363:5 referring 274:20 298:1 325:18 417:4 419:15 423:25 reflect 449:6 reflected 244:19 386:20 refresh 321:12 refreshing 326:6 refuse 428:8 refused 427:17 428:9 regard 244:6 266:9 331:16 335:14 350:14 373:25 402:4 406:13 408:1 425:15,17 463:25 469:9 regarding 252:14 317:24 318:5 350:23 394:8 445:8,17 446:6 463:2 regardless 413:23 regional 398:15 regular 283:21 regularly 267:7 reiteration 410:19 reject 410:5 relate 318:20 422:6 423:6 428:22 related 250:12 relates 308:17,19 422:23,25 released 326:20 relevant 278:7 400:8 460:22 472:18,20,21,25 477:12 reliance 307:20 relied 297:8 298:14 298:24 300:15,18 300:24 302:1 307:25 313:6 reluctant 350:18 rely 429:25 relying 332:21 remain 332:17 378:1 remains 378:14 remedial 362:7,8,9 remedies 368:10 remember 253:6 253:16 255:10 272:24 285:4 289:8 362:3 457:21 remembered 253:15 reminded 349:19 reminding 361:6 removal 467:18 removed 467:12,16 rendered 301:18 302:1 renewed 468:11 reorganization 318:7 reorganized 297:23 315:14,17 repeat 266:3 289:10,13 326:3 rephrase 281:14 285:9 296:18 356:7,9 Replace 476:9 replete 415:23 report 267:8 332:5 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 482:1,12 reported 240:15 326:11 REPORTER 257:21 394:4 406:10 444:21,24 446:2,5 478:3 479:10,20,24 483:1 represent 288:8 309:11 344:4 345:16 363:9 433:15 445:12 representation 341:3,7 376:19 representations 468:1 representative 445:13 represented 368:13 representing 391:13,21 represents 391:20 413:14 republicans 443:20 repurposed 297:24 reputation 256:14 256:21,25 257:2,5 257:6,7,12,14,14 282:22 353:22 420:6 423:1,2 424:5,6 464:22 request 283:19 307:17 317:10 322:11,14 327:14 402:2 requested 323:7,14 require 265:23 282:7 387:7 required 247:8,11 248:6 251:24 275:3 281:24 295:20 304:3 374:5 383:23 450:16 452:20 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 513 455:22 requirement 248:25 249:4 251:22 325:16,17 325:21 442:1 451:4 452:22 454:25 requirement-451:6 requirements 261:1,7 262:19 275:21 281:25 336:1 385:4 455:2 requires 251:20 283:7 287:16,17 325:24 332:23 383:7 403:19 research 256:16 264:15,21 265:2,4 265:8 266:22,24 267:6,7 269:13 270:5,12,13,14,18 271:13,19 273:6 274:8,10,11,22 275:4,8,15,22 281:20,21,23 282:12 284:7 286:4,24 287:5 292:16,19,22 294:23,24 295:6 295:19,23 323:2,6 324:25 333:18,19 333:25 336:14 347:21 352:2,7,11 352:13,13 385:20 389:17 390:12 391:3,22 393:21 394:9 395:10 400:14 402:5 403:10,15,17,18 403:19 406:25 408:1,2 418:14,15 418:18 421:11,14 429:13,14 430:17 431:5,17,20 437:7 439:18 449:7,12 452:17 457:14 458:20 465:20,22 466:8,15,21 467:8 471:23 research-- 271:6 researcher 323:19 researcher's 475:2 researchers 348:3 352:3 reserve 329:15 377:8 resides 447:20 resign 467:20 resigned 467:17 resigning 467:18 resonate 257:25 resources 389:24 respect 299:16 336:1 349:9 353:22 365:5,18 366:2 378:22 406:8 445:22 Respectfully 257:11 respective 324:21 respond 298:20 331:1 responded 310:5 351:11 Respondent 239:8 240:14 277:11 380:24 382:21 383:2 407:23 413:12 417:2,15 422:4 433:13 Respondent's 242:6,8,10,12,14 242:16,18,20 330:6 349:24 381:2,4,13 382:23 382:25 384:1,16 401:23,25 403:7,8 407:21 412:4,6 413:10 414:10,12 417:10 422:2 425:4,21 433:11 434:17 460:6 461:4 477:24 responding 416:9 responding--who 307:16 response 277:24 290:9 331:9 335:19 342:14 349:18 428:6 431:23 436:1 437:25 responsibilities 292:21,23 295:12 447:12 448:12,13 448:18,23 449:10 449:15 responsibility 244:8,9,10,21,22 244:24 247:6 265:6 278:23 282:8 283:17 306:19 325:11 353:24 442:8 responsible 265:4 278:18 295:19 341:21 377:5 responsive 349:22 rest 269:5 284:10 288:9 390:6 397:25 475:20,21 rests 329:14 result 275:4 345:24 346:4 resulted 243:10 results 345:20 377:19 437:2 resume 278:8 382:10 Resumed 241:3 retain 291:5 retinal 392:12 435:3 retire 441:18 retired 388:10 retreats 359:21 return 294:3 349:23 revealed 320:11 reversed 346:1 review 243:16,17 247:9,10,17 264:24 279:4,6,8 279:18,20,23 282:1 296:11 308:22 309:4 320:9 326:14,15 335:11 336:12,18 336:24 337:7,10 337:24 342:7,8 350:5,22,24,24 351:3,6 352:17 361:2 367:13 372:9 374:2,4,6,7 374:12 409:8 429:24 441:23 456:13,15 469:9 reviewed 302:8 376:1 reviewing 264:17 318:7 337:8 reviews 307:25 409:3,4,6,17 450:13 revise 284:25 revised 259:17 458:15,16 revision 440:15 revocation 349:20 353:5 361:12 374:9 revoked 449:19 Richard 239:7 241:14 297:24 298:1 380:17,23 407:13 417:8 420:2 474:2,12 Rick 406:15 Rico-Ferrer 239:17 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com rid 426:21 right 244:3 249:3 251:9,11 255:16 260:11 266:13 272:22 273:16 274:18 285:6,11 286:22 292:3 310:25 321:14 327:10,16 328:16 329:15 330:24 337:6 338:6,17 339:1 341:8 344:25 345:1 347:23 350:11 354:1 355:14 361:6 364:25 366:18 370:18 371:19 374:23 380:14 381:8 383:25 390:25 403:6 410:23,25 411:6 415:6,10,15 417:6 424:21 426:2,2 437:24 446:24 451:9 457:14 461:24 462:3 465:25 468:22 470:21 473:25 477:14,19 479:9 right-hand 310:4 rights 378:17,23 447:11,25 448:4,5 448:6,8,9,10 rigorous 274:23 Riluzole 406:20 Robert 391:6 Roberta 244:13 role 243:9 266:17 295:23 322:23 324:17,19 430:15 442:24 roles--I'm 322:3 room 395:21 room--so 334:12 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 514 Rosemary 443:1 Rosen 322:12,13,14 323:14 388:10,11 391:4 row 348:23 Roy 343:6 rule 338:15 ruled 329:2 369:2 rules 385:15 ruling 320:5 329:13 371:25 rumor 342:19 run 404:13 428:9,9 428:15,19,21 456:8 run--how 428:7 running 353:3 430:19 Russia 388:17 Russian 399:15,18 451:15,17 452:25 452:25 453:3,5,9 453:15 454:2 455:5,9 469:9 Salary-- 248:22 Samiran 239:23 sample 311:14,20 samples 403:20 404:12 sampling 406:19 Sanction 249:3 sanctioned 248:7 sanctions 248:1,3,4 248:5 348:6,17,23 349:5 360:20 Sanders 384:24 436:8 Sanino 244:13 Sarkar 465:13,21 468:9 sat 243:19,22 344:3 S 362:25 sabbatical 248:20 saw 252:22 253:1 324:11 385:22,22 264:2 268:25 400:5 279:2 331:8 347:8 safe 421:18 373:4 390:9 418:3 sake 480:3 say--Jack 456:2 salaries 348:3 say--so 261:9 357:13 358:25 saying 259:10 359:3 269:6 273:2 325:9 salary 244:11,25 326:9 334:14 245:1 247:5,9,10 341:11 343:24 247:21,23 249:10 354:7 365:12 262:20 263:1 375:25 377:16 276:3,7,24 277:1 382:5 390:16 277:4 282:4 411:19 413:23 298:23 299:7 418:3 424:8 434:9 300:24 307:25 442:7 453:13,17 335:11 342:6 454:3 466:1 470:3 345:22 348:11,24 470:12 477:20 349:2 358:16,20 saying--I 376:9 358:21,22 359:5 says 252:10 262:13 387:10,17 429:3,8 273:8,14 274:16 429:25 441:23 274:21 275:20 442:13 450:13,20 276:3,5,13 302:4 310:4,23 332:2 337:18 349:6 365:4 367:22 370:15 372:11 374:11,16,16,19 374:19 384:4 387:8 397:9 399:15 418:15 439:4,5 450:10,11 452:25 461:16,20 469:12,13 482:4 says--my 440:9 scale 393:12 424:15 434:4 schedule 363:15 scheduled 363:16 scholar 378:19 425:12 scholarly 273:6 274:11 357:24 431:2 450:9 456:13 scholars 334:10 421:20 scholarship 283:5 284:24 285:7,13 285:16,20,21,23 287:8,9,15 288:12 289:17 421:16,19 421:20,21 433:24 451:21 school 239:4,20 247:13 254:9 258:5 261:7 265:25 266:7 269:6,8 271:25 274:4,9 279:25 282:5 283:1,2,12 287:16 292:15 293:3,14,20 294:25 295:2 304:5 323:3 325:1 335:3 337:1 341:4 341:24 342:16 343:7,9,19 344:9 345:3,4 348:1 349:13 350:13,21 352:15 353:3 354:3 357:22 360:3,5,8 362:17 363:13,20 367:1 367:18 374:13 384:23 385:1 386:23,25 387:4,5 387:15 388:20 442:5 451:18,19 452:7 453:25 454:1,7 459:17 465:6 466:1 467:25 476:7 477:1 School's 275:13 357:18 School-- 344:7 schools 358:14 359:23 387:6 452:24 453:7 science 303:16 339:12,15,25 386:4 394:21 430:7 457:1 475:6 475:10 Sciences 295:4 303:8 363:21 scientific 465:7 scientist 286:3 287:11 420:6,7 423:5 424:20 448:14 scientists 431:7 439:6 score 277:1 296:6,7 307:13,16 310:6 315:3 429:9,9,10 scored 252:7 scores 241:21 242:3 262:21 263:1,6,8 276:24 277:4 299:2,10 300:5,6 300:21,25 306:21 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 306:23 307:6,10 307:20 309:7,11 312:6 313:23 314:19 315:1,2 316:17 317:24 318:5,15,20,23 319:24 326:14,15 326:20 327:6 425:14,23 429:2 451:15 scores-- 313:1 scoring 310:1 311:2 357:19 Scott 239:11 322:6 search 425:13 426:7,8,11 seat 474:1,1 second 261:17 273:7 303:13 363:4 370:5 381:15 401:22 410:22 423:19,24 445:2 section 315:9,9 349:5 360:16 372:8 389:12 421:8 sections 315:8 secured 270:9 388:6 see 243:8 255:3 258:15 269:10 271:23 284:13 285:11 287:4 310:3,14,23 312:2 337:23 371:12,18 377:18,21,22 395:25 401:7 404:13 423:11 425:16 426:14 428:20 457:10,25 470:18 see--and 342:9 seeing 334:3 382:13 seek 313:1 334:9 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 515 336:8 seemingly 394:3 396:21 452:18 seen 273:1 279:1,2 348:11 355:7,17 355:24,25 356:2 356:23 357:8,9 466:3,4 468:17 selected 254:24 Selective 244:11,25 245:1 247:4,8,10 247:21 248:22 262:20 263:1 276:3,7,24 277:1 277:4 282:4 298:23 299:7 300:24 307:25 335:10 441:22 450:13,20 451:15 451:17 469:9 self-correction 272:11,12 self-motivated 281:11 282:13 self-motivation 334:11 self-reported 325:22 semester 304:2 305:4,7,8,10,11 306:11,18 321:18 seminar 386:17,19 440:22 seminars 388:19 Senate 259:16 289:24 290:2 333:6 428:20,22 senator 428:25 send 256:10 407:18 480:24 481:1 sending 375:21 407:15 senile 457:24 senior 400:11 438:6 438:13,15,16 439:15 sense 285:9,12,17 460:18 sent 243:10 255:11 255:14,18,22 343:24 354:8 355:3 357:1 364:14 367:4 373:19 390:12 395:5 405:18,18 441:25 468:9 sentence 273:5 285:17 sentences 445:10 separate 315:8 324:14 325:1 373:10,10 Sepia 388:4 September 350:1 Serdar 267:1 series 360:2 435:15 serve 456:14 480:10 served 294:22,23 service 274:14 275:17 333:25 428:6,7,18 429:1 429:2 449:8,13 455:22 456:1,6,11 456:13 session 330:13 332:5 336:10 338:2,12 435:6,6 set 241:21 242:3 258:8 273:25 293:12 296:6 299:2 300:5,21 306:21,23 307:6 307:10,13,16,20 309:6 310:6 312:6 313:23 314:19 315:1,2,3 316:17 317:24 318:5,15 318:20,23 319:24 326:14,15,20 327:5 378:13 396:25 432:7 448:23 478:20,22 sets 259:22 setting 334:2 seven 303:16 437:16 sex 420:23 Shanghai 435:10 shape 273:9,15 share 295:8 share--I 295:7 shared 325:11 shares 326:22 Sharon 427:12 she--well 379:12 sheets 310:2 Sherry 480:15,16 481:19 Sherry's 480:13 Sherry.Sangster... 480:16 shock 436:7 shoot 405:7 short 445:5 473:20 shortly 363:25 shot 352:22 should--and 362:14 shouting 417:16,19 show 297:5 298:10 299:10 303:25 314:5 320:10 325:20 333:1 381:4 383:2 399:8 401:25 404:7,16 408:10 409:17 413:12 417:24 422:4 424:4,7 434:8 451:23 show-- 418:2 showed 390:20 397:14 398:17 showing 390:25 shown 330:17 433:13 shows 458:21 464:21 side 292:24 363:20 sign 387:7 452:24 sign-offs 413:7 signaling 279:16 signed 258:12 278:6 359:10,11 359:14 significance 274:24 326:8 significant 283:23 286:3 406:3 438:1 significantly 325:25 similar 253:23 290:16 311:20 319:18 392:12 simple 298:12 355:19 429:20 438:17 simplicity 440:16 simply 256:8 335:16 336:19 385:3 386:10 403:11,19 423:8 425:24 453:17 simply--this 423:8 simultaneously 293:25 sincere 365:4,17,23 367:15 single 315:19 376:1 413:22 singled 352:24 sir 246:11 249:13 254:11,25 255:3 260:8 265:7 271:21 364:8 sit 345:16 392:13 395:21 470:10 471:15 474:2 sitting 347:25 359:4 396:5 471:18 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com situation 288:14 362:17 six 259:9,13 304:21 304:24 305:1,8,15 306:19 310:19 314:9,21 375:12 375:15 399:23 437:16 473:11 six--has 304:21 six-page 437:13 sixth 432:22 size 311:14 skilled 333:15 skills 282:12 skip 451:10 skipped 451:10 slide 446:25 slides 435:15 slightly 312:3 432:8 slowly 386:8 small 406:2 424:15 426:5 427:4 434:4 435:6 471:17 so-- 268:2 273:15 286:20 360:22 371:3 406:6 442:11 451:4 462:1 469:19 so--Parisi 462:1 Sobel 243:25 246:8 246:12,15 250:7 256:22 259:6 266:19 277:15 317:13,24 327:5 343:11 349:14 354:2,24 356:13 365:4 372:21 374:1 376:25 414:16 416:10 419:2,14 429:12 454:23 456:2 461:10 462:15 463:2 Sobel's 365:1 373:20 376:1 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 516 418:11 419:13 social 287:11 socks 341:12 soft 387:6,12 solely 260:13,15 solution 361:8 solved 392:24 some--I 422:12 somebody 335:8 345:5 393:24 442:17,18 467:7 somebody's 287:1 287:21 289:3 somewhat 266:14 351:18 425:14 soon 403:3 437:6 sooner 368:8 sorry 251:7 254:19 255:13 257:23 262:1 266:4 271:22 272:24 276:1 277:22 286:17,21 289:9 309:15 341:15 361:2 390:23 394:7,10 402:12 417:16 425:2,25 444:19 474:3 478:1 sort 343:4 375:23 394:12 399:5 405:21 411:19 420:3 443:18,19 473:18 sorts 441:13,15 442:10 sound 266:13 367:11 398:20 source 402:15 425:12 sources 425:13 426:3 space 295:8 322:5 323:7,8,15,19 Spain 444:5 Spanish 442:18 443:8,12 spare 418:7 speak 312:14 345:4 435:14 Speaking 399:15 speaks 273:2,3,13 319:6 special 426:20 specialized 293:23 specific 251:18 252:4,24 266:20 272:15 297:22 330:18 332:7 334:18 337:16 345:15 398:7 416:9 specifically 245:10 250:11 253:12 266:15 270:3 283:6 309:6 323:14 325:3 356:21 360:5 specificity 362:15 specifics 261:18 307:23 346:18 specified 247:13 274:12 290:7 specifies 274:13,14 speculate 391:2 speculation 331:19 396:20 speculative 396:20 spelled 362:15 spells 452:10 spend 326:4 437:3 456:16 470:1 spending 396:7 437:6 Spenser's 442:24 spent 400:13 433:1 435:10,22,22 457:5,7 470:9 spoke 325:13 sponsored 435:23 spring 295:18 386:17,18 434:22 435:19 Square 240:12 staff 309:2 Staff--the 250:18 stage 363:22 stages 399:3 404:7 stake 474:14 stand 344:20,20 373:18 standard 332:9 335:2 343:4 standards 298:13 350:25 450:7 standing 419:10,23 stands 379:12 Stanich's 388:15 start 265:24 295:14 309:12 330:2 405:14 451:24 started 265:12 353:4 388:13 397:2 401:3 414:23 421:2 426:24 436:21 452:2 458:3,6 465:13 starting 273:3 303:21 310:3 319:23 427:21 starts 433:20 stasis 411:24 state 239:1,3,11 240:5 292:16 339:9,11,13 353:16 375:7 380:22 384:21 387:2,4,15 395:1 395:7 400:15 424:21 426:11 433:14 448:2 449:8 453:13,16 454:3 455:16 466:13,18 467:2 467:17 471:15 stated 249:4,5,6 250:4 266:19 313:4 332:22 364:15 374:22 437:18 452:23 statement 242:9 271:21 284:25 301:20 329:18 332:22 334:6 367:16 383:4,7,9 383:20 447:11 452:19 460:19 464:1,19 statements 331:16 331:18 346:13 368:15 465:3,4 468:15 states 334:7 351:4 378:8,9,11,11 454:21,23 455:13 STATHAM 239:10 268:3 272:8 277:20,23 278:10 278:15 280:20 281:13 284:4,17 289:6 291:19,23 292:2,6 296:17,22 296:24 297:11 298:18,21 300:2,7 300:17 301:3,15 301:23 302:4,14 304:24 305:2 308:6,17 309:17 309:21 310:8,13 310:21 312:10,13 312:16 313:17 316:3,16,22,25 317:2 318:19 319:2,5 320:25 321:15,18,21 323:22 328:12,16 329:16,22 330:1 330:24 331:3 335:18 337:25 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 338:6,9,25 342:24 344:11,16,23 345:2 346:14,25 347:3 354:15 356:6 364:9 365:14 366:17,23 370:3 371:8,16,20 372:2 379:20,22 379:24 380:3,8,13 381:20 382:4,17 384:13 402:14 403:6 411:8 412:3 412:24 413:3,9 414:7,9,20,24 415:6,9 416:7,19 416:25 417:6,9,18 419:20,24 425:1,4 425:7,10,18 434:11,15 446:22 454:12 473:2,6,8 473:15,19,25 474:3,9 475:17,19 475:22 476:1,5,9 476:14,21,24 477:10,15,23 478:1,6,10,14,24 479:4,8,13,16 480:2,8,12,20,24 481:3,8,11,21 482:2,6,10,16,20 stating 344:9 468:18 statistical 311:20 404:18,19 427:25 428:2 statistically 404:11 statistician 405:24 statistics 404:22,23 405:2,10,21 458:25 stature 275:6 status 276:16 287:2 335:25 342:15 376:21 403:13 429:7 431:4 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 517 status--the 429:8 statute 260:17 329:5,10 331:24 331:24 332:12,20 334:22,25 336:3 336:20 337:5,7,10 337:14,17 369:17 374:11,16 378:3 378:12 448:5 450:3 482:4 statutes 333:4 349:10 374:6 378:4 447:22 statutory 448:6 stay 472:8 stenographer 332:3 step 291:19 328:16 338:1,5 379:25 steps 364:15 stick 354:11 stipend 295:20,21 stipulate 329:1,7 stipulate-- 355:3 stipulating 329:6 stipulation 291:14 stipulations 465:18 Stony 385:5 stop 286:8 353:25 401:3 448:15 stop--once 401:3 stopped 361:18 storage 393:9,11,12 store 393:8 story 342:1 395:2 strains 409:12,13 strange 417:20 428:25 441:12,15 443:6 street 361:17 472:15 strengthening 362:4 stretch 367:12 strike 273:16 328:11 stronger 348:15 360:19 444:8 structure 323:1 472:16 structures 303:7 324:3 struggles 350:16 student 296:6 304:5 305:3 306:23 307:15 312:18 319:19 325:2,4 328:4 400:5 405:16 434:23 438:12,19 438:22,23 439:1,2 456:20,24 457:3,5 457:11 students 263:9 292:25 295:20 303:4,7,8 304:4 306:25 307:4 308:5,10,11 310:5 310:6,7,24 311:13 311:15,21 313:13 318:25,25 388:23 395:22 396:2 427:4,7 428:3 432:24 435:14 456:19,21,21,23 470:2 471:23,25 studies 404:19 Studitsky 388:16 389:13 study 386:14 403:20 404:18 407:2 427:24,25 studying 293:25 295:10 stuff 392:1 446:1 subject 279:11 280:6 325:7 333:2 344:2 351:16 352:25 374:21 378:20 446:16 463:10 482:8 subjects 335:10 401:21 submission 263:24 383:9 412:15 submit 247:12 284:3 330:12 345:13 346:9,10 347:11 348:20 407:2,6 416:1 437:13,23,24 458:10 478:19 480:17,20 481:13 submit-- 348:18 submits 320:17 submitted 262:23 263:19,21 283:17 320:24 331:10 346:5 360:20 381:17 383:14 409:1 411:12,21 413:7 415:3 submitted-- 394:3 411:20 submitted--there 331:22 submitting 262:20 Subparagraph 372:9 subsequent 252:18 296:15 309:25 381:23 subsequently 294:23 substance 270:12 430:23 substantial 269:14 275:10 360:15 substantial--let's 274:16 substantially 350:8 substantive 284:6 430:3 substitute 476:17 476:19 477:6 substituted 421:19 succeed 427:2 success 266:24 267:9 275:9 282:9 283:7 455:14 475:4 successful 257:2 267:6 268:14,20 268:21 272:16 274:10 475:3 sudden 453:25 sufficient 273:8 356:17 360:10 479:16 suggest 252:9 451:16 suggested 253:13 suing 467:15 Suite 240:12 sullied 257:15 summaries 300:24 348:20,21 360:21 summarize 243:9 summarized 243:15 299:22 summary 296:4 297:8 298:23 299:25 301:7,8 310:2,11,23 336:4 363:11 summation 479:2 superb 257:9 424:19 supervision 293:4 supply 390:6,7 support 263:18 269:14 295:21 297:9 387:9,17 453:15 454:2 462:1 478:22 supported 347:6 387:9 supports 299:11 suppose 442:19 443:7,11,22,23,25 443:25 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com supposed 259:11 263:23 275:15 332:4 370:24 427:18 sure 260:23 279:2 279:22 285:15 294:19 306:23 322:3 324:8,19 325:12 326:6 328:23 347:2 356:25 390:21 449:12 452:16 456:20 459:19 468:16 469:22 473:17 482:22 sure-- 254:15 survival 400:25 suspect 296:15 353:8 sustain 298:18 454:12 sustained 312:10 316:3,16 328:12 333:3 342:24 344:11,21 455:21 swear 292:3 339:1 380:14 switch 427:22 switching 436:11 sworn 243:4 292:9 339:5 380:18 Sy 385:10,14,17 387:1 388:7 syllabus 296:3 324:6 sympathy 349:12 Syncotron 435:20 synonym 290:17 synthetase 398:9 413:25 system 264:5 311:2 351:21,21 352:6,6 359:9,19 385:25 386:1,12 394:12 422:14,15 432:4 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 518 441:11,12,12,15 systematic 343:2 351:6 systems 351:20 397:4 275:17 283:6 307:9 364:22 371:20 386:4,5,10 433:21 439:15 444:17,22,25 456:6,25 460:25 T talked 285:14 t 405:22 313:9 328:20 t' 405:12,12 349:17 361:19,20 table 241:1 246:25 373:6 406:4,15 369:22 422:1,6,8 445:9 458:9 423:8,10,13,14,15 463:20,20 476:10 423:19,23,24 talking 255:14 433:20,21 260:7,9 277:5 tables 433:17 301:16 310:9 take 250:22 256:4 325:3 344:24 264:20 265:2 369:1 376:8 401:3 279:15 283:16 435:11 441:2 291:3,20 308:11 450:3 454:18 325:24 330:25 458:12 461:21 338:1,14 341:24 talks 273:5,7 346:15 347:4 416:11,15 436:11 352:9 380:3 384:8 tally 470:10 393:23 395:25 TAMARA 240:15 397:19 399:11 483:11 400:19,22 404:5 Tammy 479:18 404:12 405:6 target 405:7,8 430:2,2 449:1 targeted 419:2 458:21 459:15 taste 410:10 460:2 464:20 taught 261:25 473:15,20 474:1 295:25 299:4 481:15,25 301:5,6 302:21 take--when 374:7 304:8 310:9,10 taken 291:21 312:22 313:8,20 322:17 329:24 314:7,23 315:12 338:7 342:17 319:11,21 326:24 346:7 368:9,22 426:19 427:10 374:24 380:6 455:24 418:1 473:21 teach 293:8,8 483:7 295:13,15,25 takes 337:12,22 308:5 314:18 349:20,20 421:4,6 315:5,7,15,20 421:7 316:11 325:6 talented 358:7 333:17 427:11,16 talk 265:9 275:16 427:19,25 428:2 441:10 449:12 455:25,25 teachers 334:10 teaches 305:15 315:21 320:11 teaching 247:16,17 250:15 262:21 263:6,7 274:13 275:16 282:11 293:4,6 295:14 296:6,12,20 297:6 297:25 299:2,9,25 300:6 301:1 302:23 305:17 306:24 308:2,3,18 308:19 311:9 312:22 313:3 316:6 318:21 319:16,20 320:21 321:2,7,17 324:24 325:24 328:3 333:25 424:23 426:18,25 427:15 427:17 428:4 449:6 450:9 455:21 469:9 team 250:21 288:25 310:8,10 313:20 314:7 353:3 358:7 384:24 390:4 technical 440:3,12 technically 320:6 386:9 technician 438:18 technicians 395:23 396:3 472:3 technique 441:3 techniques 313:12 313:13 441:6 tedious 395:16 tell 243:14 245:15 256:1 266:16 269:22 270:1,5 273:18 292:3,13 300:20 301:4 302:20 306:13,14 307:10 309:10 312:6 339:1 342:18,19 346:21 346:23 354:22 356:22 371:5 380:14 383:6,11 384:20 407:17 409:3 410:22,23 410:24 412:20 417:22 422:5 430:25 431:9 440:8 444:5 455:4 466:6,24 469:15 469:20 470:15 473:11 474:19 telling 263:10 346:12 365:3 433:20 448:24 466:20 tells 333:24 temporary 391:5 ten 261:19,21 266:13,14 271:18 329:20 391:20,24 396:8 404:5 431:25 432:23,24 437:10 438:9 445:10 450:15 453:4 456:22 461:24 482:21 ten-year 270:23,24 271:23 tens 425:13 tenure 239:1 242:23 244:9 249:7 259:24 273:25 274:9 276:10,16 283:13 288:8 347:19,20 347:23 348:5 349:19,20 351:15 351:17,18 352:6,7 352:19,20,22 353:1,5,23 357:18 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 361:11,12,13 365:5 374:8 387:18 388:8 421:9,18,23,24,25 447:11,15,16,17 447:19,20,23,25 449:17,19,22,22 449:24,25 451:20 452:7,15 453:6 454:8,22 455:17 467:12,16,20 478:15 tenure--all 455:8 tenure-track 281:21 tenured 239:8 248:16 262:4,24 264:10 281:2,21 282:2 284:8 291:5 294:11 339:16 345:25 352:5 363:6,6 421:10 447:18 448:3,9,12 448:18 449:14 450:5,8 451:24 452:3 467:6 tenured--and 282:2 term 265:17 318:17 334:24 335:1 356:19 364:18 449:10 term-limited 340:15 termed 342:13 terminates 468:10 termination 341:20 344:2 353:1 terminology 290:16 terms 253:9 264:13 272:1 274:4,11 281:17 283:5 288:16 289:19 297:5 304:13,18 314:6,17 320:12 320:19 329:14 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 519 331:16 333:7 342:12 343:20,21 347:15,16 348:13 350:25 357:11 365:25 394:21 424:5 433:7 438:10 terms--I 447:3 terrible 399:17 405:25 469:23 terrible--I 457:18 test 405:6,8 429:15 testified 243:5 246:8 255:25 256:15,19 260:1 261:22 272:23 277:15 285:25,25 292:10 297:7 298:25 299:19 301:12,12 302:8 307:24 312:16 339:6 348:16 367:12 376:15,25 379:7 380:19 456:7 testified-- 367:14 testified--we 267:25 testify 286:1 327:14 345:5,8 354:24 356:3 testify--I 345:7 testifying 300:17 300:19 301:24 302:14 345:2 371:13 testimony 243:14 254:17 263:2 278:5 298:17 307:19 333:13 335:14 354:14 365:1 366:3 373:20 376:1 379:8,12 381:21 397:6 401:5 415:20,23 419:13 419:18,23 428:21 483:6 tests 399:4 405:22 432:18 Texas 351:5 textbooks 393:1 thank 251:11 256:22 280:17,19 291:15,17 292:6 327:17 328:14,15 338:17 344:18 364:8,10 379:19 380:1 460:24 469:7 475:13,13 482:13,16 that's--I 366:6 that's--yes 366:6 that-- 245:7 298:19 320:13 354:18 366:7 416:23,24 463:4 476:25 that--and 346:6 that--certainly 375:14 that--I 300:20 that--so 342:18 that--well 367:22 that--when 471:10 That--you're 361:5 the-- 309:12 343:22 394:2 406:8 473:1 479:6 the--across 358:22 the--all 357:9 the--I 245:24 the--not 444:3 the--some 243:19 the--there 302:25 363:19 the--you 413:7 their--and 353:10 their--I 342:12 then--I 284:16 302:19 then-Provost 468:8 Theoretical 385:6 theory 385:7,8 404:24,25 Therida 442:21 thermodynamics 469:25 These--each 393:14 thesis 385:7,21,23 they--if 349:7 thing 251:20 328:19 331:9 347:8 349:8 354:9 366:13 395:20 397:13 411:2 412:2 413:6 416:1 417:17 422:21,22 423:12 429:1 432:24 439:8 449:11 457:22 467:11,19 471:13 475:3 481:12 thing--it 308:8 things 256:18 263:10 269:2 271:24 273:9 282:6 334:23 345:8 348:1 373:21 382:6 397:14 405:4,8,23 407:19 409:21 415:2 416:16 432:19 437:21 441:15 442:4 444:2,16,25 450:21 453:17,23 457:19 460:21 466:25 468:2 476:2,4 478:17 think 243:15 248:19 250:7,22 254:16 261:12,17 261:22 267:22 272:6,21,23 278:7 281:13 284:16 286:9,21 287:3 288:20 290:25 297:15 298:19 301:15,23 304:7 305:18 311:12 312:1,13 315:13 318:23 325:7 328:21,25 329:8 335:14 336:20 340:8 342:8,12,19 342:25 344:10 346:5,25 347:22 348:16 352:10 353:2,11,24 354:10 355:14,22 357:1,10,23,25 358:13,21 359:19 361:19 365:24,25 366:6,6,18 367:21 371:17 375:10,14 376:19 377:2 378:20 382:1 384:10 392:6 393:13 401:21 405:23 409:1,11 410:18 411:13 418:6,7 419:18 424:8 435:20 438:6 439:10,21 440:8 441:20 446:13 451:21 462:8 463:18 464:23 465:19 467:6 468:24 471:9 472:8,12,20 472:25 473:2 474:22,23 475:4,5 476:24 477:11 479:2 481:13 thinking 427:19 thinks 440:12 454:23 478:23 third 410:24 this-- 411:17 458:11 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com this--I 411:10 thorough--because 331:7 thoroughly 369:6,8 those-- 350:14 thought 286:19 288:1 309:18 351:9 354:13,18 361:7 365:23 373:9 384:9 396:24 404:18 422:13,17 442:15 451:9 474:6 thought--that's 354:15 thoughts 252:24 thousand 405:5 thousands 287:11 400:14 433:2 437:3,7 threatened 253:21 threatening 341:11 three 288:25 311:11,12,19 333:9 346:5 349:19 350:10 360:13 393:15 421:6 445:9 451:10 460:10,12 460:13 three-year 348:20 360:21 through-- 473:18 thrown 440:17 Thursday 239:12 243:2 483:7 thwarted 399:20 time 244:5,8,12 246:17 256:6,21 257:13 259:5,10 262:24,25 267:21 270:24,24 271:3 278:9 286:4,23 294:5 295:8 297:23 300:23 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 520 306:4,8 314:25 315:23 320:6 322:10,16,23,25 324:10 325:20,25 326:5,11 327:23 329:13 330:21 337:25 338:15 342:17 343:18 346:6 349:20,21 350:7 365:18,20 382:13 384:7 385:9,10,24 387:23,24 389:4 396:10,25 397:7 405:17 408:11 410:22,22,24 418:22 427:11 428:16 432:15 433:8 435:22,22 438:24 441:18 445:3,21 446:5,7 446:21 451:7 452:14 456:17 457:2,5,7 461:25 466:16 467:9 470:25 471:11 479:17 time-- 362:18 470:24 time--you 470:23 timeframe 271:23 timeframe-wise 393:23 timelines 457:23 times 251:1,2 273:1 285:18 288:25 313:5 340:6 344:19 407:8 408:7 451:11 464:7 472:11 473:4,11 timetable 270:12 270:19 271:17,18 tired 395:18 396:7 title 412:9 414:11 titles 401:21 to-- 344:10 346:10 366:16 431:11 476:6 to--and 332:10 to--basically 346:10 to--he 262:22 to--I 377:2 to--just 327:18 to--you 384:14 442:6 to-date 327:8,10 330:14 381:23 today 245:25 246:24 259:8,23 269:4 279:1 323:1 327:13 334:15,19 369:11 377:13 379:3 382:14 428:21 449:24 450:3 467:5 today--so 302:22 token 318:22 Tokyo 435:19 told 255:1 269:24 316:1 325:10 341:24 345:5 346:9,22,23 403:16 409:18 413:15 420:1 421:12 433:2 444:13 445:21 463:3 tomorrow 334:16 334:19 449:25 tons 416:17 took--okay 465:24 top 275:19 309:24 310:3,4,23 404:2 463:25 topic 264:6,7,11 279:10 305:18 333:18 397:16 441:20 443:6 topics 424:16 total 304:13 305:1 305:2,8 306:17 321:13,15,21 375:1 407:19 469:16 total--well 366:25 totaling 314:8 totally 331:17 428:21,22 Touf 443:1 tour 295:1 435:10 toured 435:7,18 toxic 397:23 track 275:23 276:16 293:23 302:19 353:1,5 384:24 421:18 436:16,24 traditional 449:21 Traditionally 358:24 trained 386:10 training 294:4 313:15 325:8 transcript 239:9 479:7,8,9,14,23 479:24 483:4,6 transferred 403:15 transform 353:16 353:17 translocating 392:10 transport 392:4,5 392:25 transvection 408:12 412:16 treated 272:1,6 331:21 tremendous 343:19 tremendously 465:24 trial 399:1,10 trials 399:6 436:22 438:4 tried 285:9 291:12 399:10 403:15 405:20 424:3 426:13 437:24 459:8 467:13 trips 435:23 trivial 395:15 401:9 419:5 trouble 270:19 troubling 433:6 true 336:19 366:23 421:3 423:13 436:3 455:16 483:5 true-- 342:20 Trulecki 315:23 318:6 328:5,7 trump 339:19 truth 292:4,4,4 339:2,2,2 380:15 380:15,15 try 270:1 272:15 351:6 368:10 424:7 436:17 446:25 458:11 459:20,24 462:21 trying 257:8 334:21 338:22 371:5 398:25 411:2,9,11 411:19 426:11 444:16,24 446:10 446:12 470:1 471:10 473:18 turn 258:11 323:15 330:22 372:6 460:6 turned 394:14 turning 432:24 turns 398:1 399:7 399:22 turpitude 449:20 twelve 461:24 twice 435:19 twiddling 396:6 two 248:7,13 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 259:22,25 262:22 293:25 294:4 303:6,11,11,14 315:7 317:7 340:8 348:22 353:6 362:21 363:17,19 363:19 383:16 384:4 389:18 400:19 401:16 404:23 413:24 418:4 435:10 439:22 452:23 457:19 461:9 472:11 473:3 479:10,11 two-in 360:24 361:3,25 type 312:25 389:6 typically 266:25 323:17 325:23 326:15 481:13 U U 457:12 459:23 U.S 333:6 ultimate 337:18 ultimately 271:13 361:21 unchanged 332:18 378:1 under-performing 244:6 under-productive 255:23 277:3 undergraduate 387:3 underperformance 341:25 understand 279:15 279:17 281:24 290:5,13 319:1 325:13 326:17 327:4 344:15,19 356:1,8 368:25 379:3 414:3 429:4 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 521 447:20 450:2 466:12 481:3 understanding 255:7 270:19 278:6 281:16 328:22 453:12,13 understood 446:8 undocumented 331:15 unfortunately 279:21 393:4 403:14 408:2 412:12 423:11 471:13 unfortunately--w... 404:20 unified 303:15 uniform 307:12 Union 332:11 334:20,25 339:21 341:3 348:6,25 351:12 353:12 361:16 368:17,24 369:4 378:23 447:15,19,24 455:18 456:4 Union's 340:3 350:22 363:1 456:5 Union-- 341:1 unit 261:8 276:9 332:19 336:1 350:8 363:7,8 378:2 universities 351:24 351:25 university 239:1,3 239:11,15 240:5 247:13 250:10 251:23 257:10 259:24 276:9,12 276:19 281:7,25 282:5,11 287:17 292:16 293:17 294:14,17 295:5 297:7 306:24 307:12 315:24 324:12 327:24 329:3 330:23 339:11,14 343:8 343:16 350:3 352:15,23 353:11 353:17,20 360:4 372:22 375:7 381:18 384:22 385:2,11,12 386:17 387:1,2,4 389:13 392:20,21 394:20 416:16 447:16 449:9 450:1,5,8 453:14 453:16 454:3 466:6,21 467:4,7 467:10,17 468:21 University's 252:2 293:14,15 294:21 297:5 308:25 unknown 469:12 469:13,17 470:13 470:13 unproductive 271:4 288:5 289:1 290:15 341:5 367:17 432:1 unqualified 431:6 unsuited 428:21,23 unsupported 331:17,19 untrue 335:16 unusual 253:18 368:1 up-to-date 251:20 252:1 262:13 381:8,10,11 up/downs 474:23 update 305:24 updated 382:10 476:13 updating 306:7 us--so 306:13 use 265:17 267:17 268:5 277:14 290:16 295:2 318:17 326:1 329:9 333:23 335:1 357:25 370:20 387:17 392:18 393:7,9 394:11 399:9 401:2 405:11 406:13,16 409:7 415:20 432:6,13 436:23 470:21 471:17 475:1 481:16 useful 422:19 uses 287:12 usually 358:17 407:18 410:4,5 utilization 369:14 utilized 246:9 265:17 veterinarian 432:16 veterinarians 432:13 Vice 244:3 247:5 250:11,22,24,25 265:2,4,5,8 294:22,24 323:2 336:14 341:2 343:13 439:24 view 303:2 351:12 351:18,19 352:16 359:11 368:23 377:12 378:4 430:22 467:3 viewed 301:2 VII 332:13 377:23 violated 377:16 violates 377:6 violating 378:25 violation 330:17 347:18 377:12 378:17 V violations 377:11 vague 404:25 Virginia 241:3 validity 332:12 243:3 375:17 425:12,16 virtual 428:5 valuable 475:6 Virtually 287:4 value 313:14 Vitae 242:7 valued 352:14 vital 352:20 values 365:24 vocabulary 311:1 Vander 250:8 312:4 variety 333:8 346:2 voir 317:1 402:10 various 246:13 408:14 264:3 340:5 Volume 239:5 348:10 357:3 241:1 242:1 437:17 voluntarily 457:13 vary 305:19 volunteer 427:12 Vega 443:15 427:14,14 ventilation 471:16 volunteered 427:11 verifies 481:23 Von 410:20 verify 355:7 vote 391:11,19 version 279:2 347:7 428:12,13 481:5 383:16 voted 363:2 versions 279:3 vulnerable 353:14 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com W wait 334:16 349:19 354:5 360:13 455:11 waive 248:22 338:20 Walz 241:7 250:17 292:1,2,5,8,13 308:22 319:10 328:14 339:19 wandering 456:25 want 255:3 264:12 267:19,23 269:16 269:21 272:4 277:13 284:15 288:6 291:20 311:10 326:17 327:18 328:23 329:16 331:1 334:14,15 338:3 353:21 355:2,4,13 355:20 356:6 388:4 391:1 394:16 395:17,20 412:20 415:2 421:12 424:9 425:7 433:22 437:15 440:6 444:1 445:24,25 447:3 459:14 462:8 464:25 467:14 468:25 469:3,20 476:16 476:19 477:6 478:25 481:15,16 481:25 wanted 244:2 251:9 334:23 388:5 389:5,8 394:11,13 395:18 396:9 399:5 404:10,11 415:7 438:22 468:24 476:6 wants 273:21 277:8 284:12 366:16 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 522 456:25 481:21 was-- 345:18 477:5 was--and 361:22 was--Barry 389:2 was--did 322:4 was--for 352:12 was--it 362:24 was--the 362:4 was--Valerie 342:2 was--your 364:16 wasn't 246:4 253:11 256:17 263:15 265:7 268:24 271:21 286:19 287:23 300:10 307:22 349:18 360:12 362:14 379:17 426:11 451:7 wasting 403:24 watch-- 447:1 Watson 386:15 way 262:17 268:13 270:4 289:2 329:9 347:7 348:25 351:7 365:25 366:14 391:18 396:7 404:15,21 405:21 409:15 421:21 428:8 429:2 434:9 443:5 444:7,10 452:2 way-- 288:23 Wayne 239:1,3,11 240:5 292:15 294:9 339:11,13 353:16 375:7 384:21 387:2,4,15 395:1,7 400:15 424:21 426:11 448:1 449:8 453:13,16 454:3 466:13,18 467:2 467:17 471:15 ways 348:10 398:6 434:1 442:16 446:17 456:11 we'll 287:25 330:2 338:5 347:4 355:13 377:21,22 477:8,23 482:12 we're 255:4 257:22 273:9 290:19 310:9 311:24 325:3 369:10 370:23 382:13 432:12 436:6 439:15 450:3 471:18 472:23 we--I 348:16 we--that 375:15 wear 395:24 website 259:19,21 277:8 402:22,23 week 258:13 304:25 weekends 471:25 weeks 259:9,13 317:7 383:16 384:5 404:13 435:10 479:10,11 Weg 250:8 Wei 435:7,7 weigh 476:18 weight 362:4 382:19 384:9,15 Well-- 365:9 402:9 well-established 289:5 well-funded 396:13 well-specified 274:7 went 244:23 254:13 254:17,20,24 256:2 322:14 342:3 344:5 360:14 363:10 369:3 384:23 385:1,5,17,19 386:18 389:13,13 396:14 407:3 409:25 410:1 432:21 435:19 451:14 were-- 355:23 were--that 343:25 weren't 246:16 398:11 423:15 426:22,23 West 483:14 what-- 447:22 what--this 337:7 whatsoever 374:3 445:7 When--you 479:4 which-- 469:4 whole-- 372:3 wholly 346:7 376:14 why-- 376:7 widgets 290:19 wife 443:5 wild 459:4 will-- 454:16 willing 268:17 329:1 437:3 446:9 willingness 253:9 Wilson 343:6 365:20 wind 470:3 window 322:10 Winters 361:4,7 468:8 Wisconsin 351:4 wish 290:16 370:4 377:11 415:4 474:19,24 475:1 wished 386:23 with-- 482:17 with--"we 266:25 with--well 393:18 withdraw 320:7 454:13 withdrew 361:21 389:20 390:9 witness 241:2 251:7 253:14 254:21 276:2 279:16 284:6 289:10 291:18,24 292:9 299:14 300:3 305:1,4 309:24 310:10,22 313:19 314:20 317:5,8,11 317:14,16,19,22 317:25 318:3,6,10 321:13,20,22 328:15,18 338:24 339:5 341:15,18 342:23,25 344:12 344:15,18 345:1,7 346:21,23 347:2,5 355:7,16 356:2 365:9,13,16 380:1 380:2,4,10,18 390:18,21,24 394:7 402:17,20 402:23 403:2 411:12,17,21,24 412:11,14,19 413:1,5 417:20 419:14,16,21 420:1 423:24 424:3 425:23 426:1 443:11 447:1,5 467:25 468:4 472:21 473:7 474:6 475:16 witness's 298:17 witnesses 381:22 475:17 woman 435:8 won 395:11 428:11 428:16 wonderful 431:2 465:23 wondering 288:14 word 274:2 276:13 276:17 288:22 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 312:4 376:3 439:20 481:15,20 481:24 word-for-word 284:13 words 302:22 words-- 423:22 work 256:20 268:17 269:16,20 281:11 282:23,25 283:9,20 285:18 286:6,9 287:21,22 294:2 347:16 357:23,24 358:18 359:24 361:22 366:13 385:4 386:12 389:9,16 392:16 395:18,23 400:2,12 401:5 406:21 408:4 410:14,17,18 411:5,25 421:8 422:10,13,17,18 422:23 424:15 432:21 434:2,3,4 434:21 436:5 438:3,11,14,17,18 438:20 439:5,10 440:18,23 441:8 441:18 444:8,17 444:17,25 458:17 460:23 467:1 470:14,16 471:20 472:5,5,7,9 474:25 475:6 480:6 work--if 440:17 work--you 458:17 worked 392:20 394:16 398:15 405:17 438:12 452:2 457:6 458:4 470:6 worker 394:19 working 268:23 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 523 351:9 360:15 286:8 385:6 397:6 368:20 369:1,15 438:15 440:20 370:12,22,25 441:20 458:4,7 371:14 372:7 471:19 475:9 423:17 449:1 works 389:7 441:5 441:13 Y world 388:1 Yanos 392:20 worried 357:21 yeah 277:25 280:22 406:1 439:9 298:12,21 302:16 worry 399:17,18 302:17 307:12 452:14 309:18 310:14,21 worse 443:22,25,25 312:15 317:2,7 worst 351:19 424:4 325:18 331:4 464:16 344:23 355:21 worth 308:12 347:4 372:2 390:18,21 395:9 416:20 391:24 394:8 worthwhile 400:16 402:24 406:14 would-- 341:12 407:9 409:5 415:9 would--I 300:22 420:5 424:3 461:24 434:21 446:11 would--my 344:6 447:25 458:5,15 write 437:13 472:8 458:20 461:15 writing 268:21 463:23 467:23 282:13 471:3,12 470:20,22 479:1 written 333:4,5,7 481:19 409:15,15 416:2 year 248:12 252:19 420:12 429:20 258:17 259:15 482:1 260:2 262:2 wrong 314:13 264:18 265:19 376:10 405:11 292:20 299:8,8,8 409:11,13 410:22 304:23 305:2,6,9 410:23 432:8 305:16,16,19,19 468:19 305:21 307:5 wrote 360:8 410:16 310:5 311:7,14,16 433:16 460:7,8,9 311:24,25 319:23 460:10,10,12,13 320:2,21 321:7,16 460:14 321:21,22 322:9 X 326:3 360:22 X 452:25 453:2,3 391:15 399:24 XII 247:20 429:10 432:22 XII-- 276:6 436:20 450:23 XXIV 328:20 329:2 453:2 466:18 329:9 348:10 467:1 469:25 350:6,15,20 351:1 470:7,7,17,18 476:13 year's 283:24,24 284:11 year--I 326:1 year--not 261:25 yearly 335:11 336:17 450:12 years 248:7,9,14 257:10 261:19,21 271:18 283:10 288:8 293:25 294:4 295:17 296:23 301:6 302:24 303:11,14 307:7 308:1 312:22 314:22,24 315:12,13 319:12 319:21 339:23 341:23 348:23 349:19 350:10 353:15 360:13 388:9,18 391:7,20 391:24 396:8 413:16,17 418:4 420:8,9,11,13,17 421:2 429:2 431:25 432:2,21 433:6,7 436:2 437:10 438:9 439:20,21,22 441:6 445:10,14 453:1 454:7 472:11 473:3 475:5 yeast 385:14,16 386:21 387:24,25 397:3 408:4,11,22 409:16,18,19 410:1 421:6 427:22 440:19 446:12 yesterday 243:15 244:20 245:25 246:15 250:7 256:15 260:1 263:2,7 264:3 266:19 269:5 272:24 278:1 329:8 330:10 418:3 476:10 York 385:12,13,20 387:12 you-- 289:14 346:21 446:9 you--if 248:5 you--okay 477:8 you--that 349:6 357:10 you--think 286:11 you--well 371:6 young 389:4 your--with 285:1 Yue 435:7,7 Z ZeWinters 239:18 442:19 0 05 405:13 05.05 350:4 06 405:14 1 1 307:13,14,15 312:17,17 349:24 372:8 422:1,6,8 423:14,15 433:21 1:16 338:8 1:17 339:5 1:59 370:1 10 242:14 413:11 413:13 414:6,10 414:13 439:20 10% 359:6 398:20 10/'16 242:11 10:00 331:13 10:21 291:18,21 10:32 291:22 10:33 292:9 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 10:54 308:15 100% 400:22 11 242:16 374:22 417:3,11,15 461:4 11-page 416:2 11:01 314:3 11:08 319:8 11:18 328:18 11:20 329:24 12 242:18 262:2 320:20 359:2 422:3,4 425:3,5 425:22 12:27 329:25 12:43 338:7 13 242:20 413:16 413:17 433:12,14 434:10,18 436:2 13-year 418:13 14 427:4 456:21 14TH 479:21,25 480:1 15 251:13 258:11 261:25 262:1,2 320:21 321:14,14 321:15 339:23 454:20 15TH 479:21,25 480:1,3,7,8 16 241:20 308:14 308:16,22 310:5 317:4 17 242:2 314:2,4 316:21,23,24 317:4 319:9 17-- 319:4 18 242:4 369:25 370:2 371:23 478:12,13 19 242:22 295:17 478:3,5,14 1966 334:6 1971 339:19 340:1 1972 340:2 1973 294:15 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 524 1975 287:3,5,9 1976 340:1 1985 340:2 1986 340:7 1989 294:20 1990 362:22 1990s 340:16 435:13 19TH 468:8 2009 322:9 2010 245:17 286:15 350:1 401:6 418:25 419:6 2011 307:7 309:7 2011-2015 241:21 242:3 2013 245:16 311:19 2014 244:3,10,11 244:13 247:5 2 292:20 311:11,13 2 239:5 241:1 242:1 311:18 315:14 255:5 272:25 319:22 345:25 288:24 307:15 457:9 476:12,15 356:11 423:13,14 2014/'15 476:16 424:2 433:21 2014/15 242:23 463:25 2014/2015 469:10 2.4 315:3 2015 307:7 309:7 2.51.01 332:20 309:25 319:23 378:3 441:25 451:12 2.8 311:23 315:4 468:8 476:10 2.9 311:8 2016 255:5 258:13 2:00 371:22 283:16 297:13,17 2:10 380:2,6 297:18 302:22 2:22 380:7 319:24 320:2,3 2:23 380:18 321:8 327:6 2:24 381:2 341:22 346:1 2:28 382:23,25 354:2 356:12 2:31 384:16 381:9 383:9,15 2:50 401:23 403:3 411:13,15 2:52 403:8 468:11 476:6,21 2:56 407:21 476:22 20 439:20 450:15 2017 239:12 243:2 20-minute 246:13 483:7 246:16 20TH 393:22 20% 438:20 21ST 393:22 200,000 395:11 23 252:18 253:3,20 2000 256:17,18 254:13 255:5 2000--I 397:1 264:18 354:2 2002 397:1 458:5,6 356:12 372:21 2004 458:4,6 445:16 2004-- 458:1 2385 483:13 2006 458:8 23RD 297:13 382:9 2008 303:25 322:9 24 393:13 400:22 457:15 243 241:4 245 483:5 24TH 297:13 25 276:3 359:5 461:25 25--this 276:5 25% 358:23 360:1 26 403:3 2656 240:15,15 483:12,12 281 241:5 284 241:6 292 241:8 3 3 307:15 310:25 311:16 469:3,6 3.0 312:3 3.6 311:4 3.8 311:22 3:00 412:6 3:01 413:10 3:03 414:12 3:06 417:10 3:11 422:2 3:15 425:21 3:22 433:11 3:25 434:17 30 239:12 243:2,11 258:12 479:14,20 479:22 483:7 30% 359:5 455:4 300--you 426:7 308 241:20,20 30TH 283:16 31 468:11 313.577.2268 240:8 313.964.5600 240:13 314 242:2 319 242:2 324 241:9 327 241:10 339 241:12 36 369:21,23 364 241:13 370 242:4 371 242:4 3727 240:12 38-page 369:3 380 241:15 381 242:6 382 242:6,8 384 242:8 4 4 307:15 311:15 464:25 4.1 311:17 4/11/17 483:9 4:07 473:21 4:14 473:22 4:16 475:16 4:18 478:4 4:22 482:23 40 343:23 354:2 367:4 454:7 40--which 354:7 40-some 352:24 40% 359:23 363:6 363:6 373:1 401 242:10 403 242:10 407 242:12 412 242:12 413 242:14 414 242:14 417 242:16,16 422 242:18 425 242:18 4259 240:6 43 341:10 343:24 355:2,24 356:4 367:4,10,11,19 372:19 373:19 374:20 375:19 376:17 379:6 433 242:20 434 242:20 447 241:16 474 241:17 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com 478 242:22,22 48 306:17 48202 240:7 48226 240:13 48324 483:14 5 5 275:1,18 277:11 307:13,13,15 312:17,17 327:6 372:10 451:23 50 342:10 387:25 50% 363:8 50%--we're 460:16 500 434:23 500-person 435:6 53 311:13 54 311:20 6 6 242:6 258:2 259:2 275:17 283:14,14 350:1 380:25 381:3,4,14 382:21 382:24 454:19 600 367:1,3 6075 339:13 65 240:12 69 310:7 6TH 381:9 7 7 242:8 383:1,2 384:1,17 7,000 426:6 7010 241:21 303:5 303:23,25 304:10 304:23 309:8 315:12,13 7020 315:13 7030 313:8,10,11 313:12,19,19 314:7,18 7330 242:3 319:15 75 470:6 WSU School of Medicine v AAUP Richard Needleman, Ph.D., Volume 2 Page 525 77 311:21 78 311:13 8 8 242:10 244:15,17 244:19 245:16 246:8,12,19 299:23 318:13 398:20 401:24,25 402:13 403:7,9 435:19 469:1,6 80% 438:18 9 9 242:12 244:15,17 245:2 246:23 247:1 299:24 407:22,24 411:6 412:4,7 460:6 9:00 239:13 331:13 9:05 243:2,4 90% 400:25 90s 393:25,25 TAMARA A. O'CONNOR 248.882.1331 toconnorrptg@aol.com