DEPARTMENTOFTHENAVV
UNITED STATES NAVAL ACADEMV
121 BLAKE ROAD
ANNAPOLIS MARYLAND mun-1300

 

August 7, 2019

E-mail and Federal Express

Dr Bruce Fleming

Re: Bruce Fleming v. Department of the Navy,
Docket Number: 

 

Dear Dr. Fleming:

On July 24, 2019, Administrative Judge Mark Syska, in the
Northeastern Regional office of the Merit systems Protection
Board, issued an Initial Decision in the abovecreferenced case
reversing the Department of the Navy's (the Agency's) action to
remove you. The Agency intends to file a petition for Review
(Petition) of the Initial Decision with the Merit Systems
Protection Board. In light of such intention, the Agency is
required to comply with the Interim Relief provisions set forth
in the Initial Decision. That relief, in accordance with the
statutory authority set forth in 5 U.s.c. 577ul(b)(2)(A)(ii) and
(B), is outlined below.

Specifically, effective July 24, 2019, you have been
reinstated as an employee of the Department of the Navy, with
all pay and benefits to which you are entitled. Entitlement to
such pay and benefits will continue throughout the interim
relief period.

In addition, you are directed to report to the United
states Naval Academy, specifically to the chair of the English
Department at 0800 on August 12, 2019, for administrative
processing and to receive your duty assignments, such as
scholarly research and writing and service to the school
During the pendency of the Agency's Petition, such duties will
not include teaching or adVising midshipmen because the Agency
has determined, pursuant to 5 U.s.c. ?7701(b)(2)(A)(11) and (B),
that your presence in the classroom and engaging with midshipmen
in any adVisory role would be an undue disruption to the

1

academic environment. To act otherwise, would be to ignore the
seriousness of the charged misconduct, as described in detail in
the August 15, 2018 Notice of Decision on Proposed Removal, and
to disregard the command?s responsibility to provide a positive
and supportive classroom and advisory environment, which
respects the dignity of the individual, promotes the education
and professional development of future Navy and Marine Corps
leaders, and ensures the well-being of the midshipmen.

Sincerely,

ANDREW T. PHILLIPS
Academic Dean and Provost

Cc: Jason H. Ehrenberg, Esq. (via email)