Dear President Tuminez:
We, the undersigned, are sending an open letter to inform you that
multiple UVU employees have been the targets of unjustifiably protracted
investigations that defame and traumatize them. In many cases,
investigations have proceeded in the absence of prima facie evidence of
misconduct and the allegations employees have been forced to respond to
have been completely unsubstantiated. Dr. Michael Shively’s recent
suicide is an example of just how traumatizing being the target of a UVU
investigation can be.
Mike was a dedicated teacher whose anatomy courses prepared
hundreds of students for success in medical school and other professions.
He served as President of the Faculty Senate and Department Chair. We
respected him as our colleague. To many of us, he was both a mentor and a
friend.
In March 2019, Dr. Shively was reportedly escorted from campus
and ordered to have no contact with his co-workers or students. You
informed him that multiple allegations had been made against him and that
he was suspended from campus “…until such time that you are acquitted,
resign, or are dismissed.” Like many other employees whom have been
investigated, most of the allegations against Professor Shively were vague
and unsubstantiated, he was denied counsel, and was not informed who his
accuser(s) was.
For instance, he was accused of “Intimidation and threat [sic]
toward students and employees…” The veracity of this allegation is
questionable. Firstly, those of us who knew Mike Shively know that he
would not have threatened anyone. Secondly, threats and intimidation are
a violation of Utah’s Criminal Code. A reasonable person, if they
genuinely felt threatened, would have filed a complaint with a law
enforcement agency, they would not have relied on UVU personnel to
protect them. If UVU’s General Counsel, Karen Clemes possessed prima
facie evidence that Professor Shively had threatened UVU students or
employees, she should have reported the matter to a law enforcement

 agency. She should not have allowed UVU personnel—who are not
qualified to investigate or prosecute criminal activities—to spend months
conducting their own investigation. That’s a job for law enforcement. A
UVU investigation is clearly not an adequate means of addressing alleged
criminal actions. However, escorting an individual from campus,
suspending him from campus, denying him counsel, and failing to
conclude the investigation in a timely manner are clearly very effective
means of demoralizing and defaming a well-respected professor.
It should be noted that Mike’s colleagues implored you and others
to treat him fairly. In April 2019, Professor Alexander Simon, who is the
President of the UVU Chapter of the American Federation of Teachers,
wrote to you “Prohibiting Dr. Shively from teaching his classes and
suspending him from campus has likely done irreparable harm to his
reputation and good name.” Professor Scott Abbott, who is Vice President
of the UVU Chapter of the American Association of University Professors,
attempted to accompany Dr. Shively to a hearing. UVU’s General
Counsel, Karen Clemes turned Professor Abbott away and decreed that
Professor Shively was not entitled to counsel and would be interrogated
without representation or support. In an email to Ms. Clemes, Dr. Abbott
maintained that UVU policy clearly stated that respondents had the right
to know who had made charges against them, that allegations had to be
specific enough for the respondent to respond to, and that in violation of
his right to due process, disciplinary action, i.e., suspending Dr. Shively
from campus, had been taken against him in the absence of any finding of
a policy violation. Ms. Clemes did not concur with Dr. Abbott’s reading of
UVU policy. It should be noted that the investigatory tactics that
Professor Shively was subjected to appear to be very common at UVU.
The stress of being investigated took a toll on Mike. He lost a
significant amount of weight and expressed concern that his suspension
would lead students and faculty to assume the worst of him. In August,
just before classes started and subsequent to being investigated for
months, he took his own life. Although he was not a threat to others, his
suspension from campus and the lengthy investigation made him a threat
to himself. It should be noted that in another case, a well-respected
professor was subjected to similar tactics. After an invasive investigation

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 that took several months was finally completed, it was determined that the
allegations—which were completely unsubstantiated and false—were
“unfounded.” Unfortunately, the professor was so traumatized by the
experience that he took stress leave. Another tenured professor was finally
cleared after a lengthy and traumatizing investigation. He was so
demoralized and disillusioned with UVU that he resigned. Clearly, UVU
policies regarding investigations need to be significantly reformed.
Sincerely,
Dr. Alexander Simon, Professor of Sociology and President of the UVU
Chapter of AFT
Dr. Phil Gordon, Associate Professor of Communications
Dr. Robert Robbins, Professor of Plant Physiology
Dr. Jen Hooper, Assistant Professor of Mathematics
Dr. Sam Rushforth, Dean of Science and Health Emeritus
Kelli Potter, Associate Professor of Philosophy
Dr. James Harris, Professor of Biology and former Dean of Science and
Health
Dr. Paul Weber, Associate Professor of Physics
Dr. Michael Minch, Professor of Philosophy
Dr. Wayne Whaley, Professor of Zoology
Joel Bradford, Associate Professor of Earth Science

Dr. Christa Albrecht-Crane,

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 Professor and Associate Writing Program Administrator
Department of English and Literature
Dr. Catherine Malone, Associate Professor of Biology
Dr. Rick McDonald, Professor of English
Dr. Karen Mizell, Professor of Philosophy
Dr. Paul Tayler, Vice President of AFT Utah

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