Klaassen v. Atkinson (348 F. Supp. 3d 1106, 2018)

Daniel D. Crabtree, United States District Judge

This case is a highly contentious employment dispute. Plaintiff Curtis Klaassen, Ph.D., served as a tenured professor at the University of Kansas Medical Center ("KUMC") until KUMC fired him in 2014. Dr. Klaassen brings this lawsuit against KUMC and various current and former KUMC officials. He alleges that defendants retaliated against him because he criticized KUMC for financial mismanagement, a perceived absence of appropriate governance, and other alleged misconduct. Dr. Klaassen asserts a First Amendment retaliation claim, Due Process claims, and various claims under Kansas state law.

The facts giving rise to this lawsuit were the subject of four faculty ad hoc committee hearings at KUMC, final agency action by the Chancellor of the University of Kansas, and two state court lawsuits filed by Dr. Klaassen. All of these proceedings resulted in decisions adverse to Dr. Klaassen. This is the fourth lawsuit that Dr. Klaassen has filed stemming from his employment dispute with KUMC. His original Complaint in this case sued the Kansas Board of Regents, the University of Kansas, KUMC, and 10 individuals who are, or once were, faculty and staff at KUMC. In its current posture, only seven individuals remain as defendants. Collectively, they have filed a Motion for Summary Judgment (Doc. 325), seeking summary judgment against each claim Dr. Klaassen asserts in this lawsuit.

The court recognizes that this case involves a lot of facts. The parties' dispute began years ago, and the material facts involve many participants. This history has produced an extensive factual record. Indeed, defendants submitted more than 400 statements of material fact to support their Motion for Summary Judgment. Doc. 326 at 5-80. Dr. Klaassen responded to defendants' 400-plus statements of fact with 409 statements of material fact of his own. Doc. 349 at 68-138.

Defendants filed a Joint Memorandum in Support of their Motion for Summary Judgment. With the court's approval, defendants submitted 40 pages of Arguments and Authorities, 10 more pages than our local rule allows. Doc. 326. Dr. Klaassen's response also includes 40 pages of Arguments and Authorities. Doc. 349. And defendants submitted a Reply containing 30 pages of Arguments and Authorities. Doc. 366. Also, the individual defendants each filed their own 15-page memoranda in support of their summary judgment motions. Docs. 327, 328, 329, 330, 331, 332, 333. Dr. Klaassen submitted responses to each of the individual defendants' memoranda. Docs. 351, 352, 353, 354, 355, 356, 357. Finally, the individual defendants submitted individual replies. Docs. 368, 369, 370, 371, 372, 373, 374.

To say the least, the matter is fully briefed. The court has reviewed the parties' many pages of briefing as well as the extensive factual record. And now it is prepared to rule. For reasons explained below, the court grants defendants' Motion for Summary Judgment against Dr. Klaassen's federal claims and dismisses those claims with prejudice. The court declines to exercise supplemental jurisdiction over Dr. Klaassen's state law claims and thus dismisses those claims without prejudice.

I. Uncontroverted Facts

The following facts are either stipulated facts taken from the Amended Pretrial Order (Doc. 298), or are uncontroverted and stated in the light most favorable to plaintiff as the non-moving party. Scott v. Harris , 550 U.S. 372, 379, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007).

The University of Kansas and Kansas University Medical Center

The University of Kansas ("KU") is a state educational institution. The Kansas University Medical Center ("KUMC") includes that University's School of Medicine, School of Nursing, and School of Health Professions. The University's chief executive officer is the Chancellor, who is named by and serves at the pleasure of the Kansas Board of Regents. The Chancellor is responsible for all of the University's operations.

The primary administrative and academic officer for the KUMC campus is the Executive Vice Chancellor ("EVC"). The EVC is appointed by and serves at the pleasure of the Chancellor. The chief administrator of each school at KUMC is a dean. The EVC and the Chancellor appoint the dean, and the dean serves at their pleasure.

In 2005, KUMC faculty adopted a Handbook for Faculty and Other Unclassified Staff ("KUMC Handbook"). The policies contained in KUMC's Handbook "are not intended to create a contract between the University of Kansas and its employees." Doc. 326-38 at 17.

Dr. Curtis Klaassen

In 1968, Dr. Klaassen began his employment with the University of Kansas. In 1974, Dr. Klaassen became a tenured member of the University of Kansas faculty, and in 2002, he was named a University Distinguished Professor. Only seven members of the University's 1,200 faculty members have received the title of Distinguished Professor. A Distinguished Professorship is awarded based solely on merit. It requires exemplary scholarship and preeminent teaching ability.

As a research professor at KUMC, Dr. Klaassen worked with graduate students, post-doctoral students, and junior research faculty. His job responsibilities included working with these individuals on his research programs. Those programs largely were funded by research grants. After completing their research, Dr. Klaassen and his students then would publish the results of their research.

In 2003, Dr. Barbara Atkinson, Executive Dean of the School of Medicine, named Dr. Klaassen to serve as Chair of the Department of Pharmacology and Toxicology ("Pharm/Tox"). Dr. Atkinson promoted Dr. Klaassen to this position because she thought he was the right person to revitalize the Department and move it to the next level. She expected Dr. Klaassen to move the Pharm/Tox Department into the top half of pharmacology and toxicology programs in the country. When Dr. Atkinson offered Dr. Klaassen the Chair position in November 2002, she also recommended him for appointment as a University Distinguished Professor, an appointment Dr. Klaassen received later in 2002.

The position of Department Chair serves at the pleasure of the Dean, and Dr. Klaassen understood as much. He also acknowledges that no due process requirements apply to removals from a "serve-at-the-pleasure" position.

Dr. Klaassen's Behavior at KUMC

During his tenure at KUMC, Dr. Klaassen used loud language, pounded on tables in staff meetings, and sometimes would turn red in the face and shake. Also, Dr. Klaassen displayed images of guns and discussed suicide in PowerPoint presentations. Dr. Carlson recalled several times when Dr. Klaassen was so angry that he turned red and began shouting.

Rosa Meagher, a longtime KUMC employee, worked closely with Dr. Klaassen from 1988 to 2011. Ms. Meagher testified that when Dr. Klaassen was promoted to Chair of the Pharm/Tox Department, he had a reputation for having passionate outbursts, including loud language, pounding on tables in staff meetings, turning red in the face, and shaking.

Dr. Klaassen criticized professors who, he felt, were low achievers. One of the faculty members who Dr. Klaassen called a "low achiever" was Dr. Beth Levant. Dr. Levant complained about Dr. Klaassen's outbursts in 2005 and 2006. She complained that Dr. Klaassen had yelled at faculty, turned red, banged on tables, and showed pictures of guns in PowerPoint presentations. Also, she complained about a "Life is Hell" Power Point slide that Dr. Klaassen presented at a Department meeting.

Dr. Atkinson met annually with Dr. Klaassen to provide an evaluation. Dr. Atkinson testified that she evaluated Dr. Klaassen in the good-to-excellent range. Also, during these evaluations, Dr. Atkinson discussed with Dr. Klaassen the way he treated the people in his Department. Also, Dr. Paul Terranova, KUMC's Vice Chancellor for Research, met with Dr. Klaassen annually to discuss the Pharm/Tox Department's performance under his leadership. Dr. Terranova described Dr. Klaassen's evaluations as "excellent."

Dr. Klaassen's Criticisms of Dr. Atkinson

When Dr. Atkinson was Executive Dean, she directed KUMC to ramp up its efforts to secure a National Cancer Institute designation. Securing this designation was one of Dr. Atkinson's top priorities when she became Executive Dean. Dr. Klaassen criticized Dr. Atkinson's management at KUMC, including her decision to pursue the National Cancer Institute designation. KUMC eventually achieved the National Cancer Institute designation.

The Kansas University Endowment Association ("KU Endowment") is the nonprofit corporation statutorily authorized to act as the investing agent for endowments to the University. KU Endowment holds the funds in endowment accounts for the benefit of the University-not for any particular individual. KU Endowment raised money to help support KUMC's initiative to seek a National Cancer Institute designation. KU Endowment secured funding from the Kauffman Foundation for that initiative. Specifically, the Kauffman Foundation provided $8 million to KUMC to start a program called "Institute for Advancing Medical Innovation." KU Endowment matched the Kauffman Foundation's grant. KUMC designed the Institute for Advancing Medical Information to build new business and develop new drugs under the cancer center's auspices. Dr. Douglas Girod-former EVC of KUMC and now KU's current Chancellor-testified that the Kauffman Foundation is a "great partner" of KUMC.

In 2010, Dr. Klaassen and a group of basic science chairs met with KU Chancellor Bernadette Gray-Little to express their concerns about KUMC's governance. Dr. Gerald Carlson testified that he attended this meeting. In it, he expressed concerns about the lack of transparency and funding at KUMC. Also, Dr. Carlson testified, this group of basic science chairs had decided not to oppose the efforts to secure designation as a National Cancer Institute because it would have made them look bad. Dr. Klaassen testified that he thought pursuing the National Cancer Institute designation was detrimental to KUMC and to him personally. After the meeting, Chancellor Gray-Little sent a letter to Dr. Atkinson about the meeting. It conveyed the concerns expressed during her meeting with the group of basic science chairs.

Dr. Klaassen's Service as Chair of the Pharm/Tox Department

As Chair of the Pharm/Tox Department, Dr. Klaassen was a manager of the faculty in that Department. In his role as Chair, Dr. Klaassen hosted Department meetings. In these meetings, he led the Pharm/Tox faculty's efforts to develop a philosophy of success, set a positive tone for the Department, and share information about other developments in the Department and around campus.

In his role as Department Chair, Dr. Klaassen shared information about sources of money to his Department and how it was using grant funds. Dr. Klaassen recognizes that faculty and administration often have disputes or disagreements about the percentage of salaries that are attributable to grants. Also, he acknowledges, faculty and administration members usually work together to come to an agreement on this issue.

At least once in 2010, when Dr. Klaassen served as Chair of the Pharm/Tox Department, he asked his faculty members during a faculty meeting to sign a vote of "no-confidence" against Dr. Atkinson. Also, Dr. Klaassen told the faculty that anyone who didn't support his view about Dr. Atkinson was a traitor.

In February 2011, Dr. Paul Terranova, KUMC's Vice Chancellor for Research, invited Dr. Klaassen to dinner with Ann Bonham, an outside speaker from the American Association of Medical Colleges. Dr. Terranova testified that Dr. Klaassen, in front of Dr. Bonham, began venting about the University. Dr. Terranova considered Dr. Klaassen's behavior unprofessional for a Department Chair. After the dinner, Dr. Terranova reported to Dr. Atkinson that Dr. Bonham had told him she had never been exposed to such inappropriate behavior from a high level administrator. Dr. Klaassen denies that he acted inappropriately during this dinner.

On March 31, 2011, the University conducted a stakeholders meeting on campus for department chairs and similarly situated individuals from KUMC. During the meeting, the participants watched a demonstration of a software product that KUMC was considering. Dr. Klaassen attended the meeting as one of the department chairs. During the meeting, Dr. Klaassen accused Dr. Atkinson of mismanagement at KUMC. Dr. Klaassen testified that he criticized Dr. Atkinson and the University at the meeting because he wanted to notify other department chairs about his concerns that Dr. Atkinson was mismanaging KUMC. Dr. Klaassen also accused Dr. Atkinson of engaging in "slumlord economics." Dr. Klaassen testified that his comment about "slumlord economics" meant that Dr. Atkinson was spending money frivolously, like a landlord who buys an expensive car and then raises rent on his tenants to pay for his expensive purchase. In his deposition testimony, Dr. Klaassen conceded in his deposition that the outside vendor was not a governmental authority and was not in a position to do anything to respond to Dr. Klaassen's complaint about Dr. Atkinson.

Dr. Terranova testified that Dr. Klaassen came late to the meeting. Also, he testified that Dr. Klaassen's comments about mismanagement disrupted the meeting, a meeting convened to hear how a software product would work. Dr. Terranova considered Dr. Klaassen's behavior at the meeting insulting and embarrassing. Also, he described Dr. Klaassen's comments as ones directed to individuals who could do nothing about his complaints.

Dr. William Brooks is a faculty member who attended the March 2011 meeting. Afterwards, he submitted a complaint to Dr. Atkinson about Dr. Klaassen's behavior. Dr. Brooks described Dr. Klaassen's behavior as embarrassing and inappropriate for the setting. Also, he found Dr. Klaassen's reference to the University as a "slumlord" inflammatory. Dr. Brooks also termed Dr. Klaassen's behavior during the March 2011 meeting unprofessional and inappropriate. He recognized Dr. Klaassen held strong opinions but, until that meeting, had kept his opinions "behind closed doors." Doc. 326-17.

Dr. Carl Weiner also attended this meeting. Afterwards, he complained that Dr. Klaassen was attacking the vendor about something that had nothing to do with its product. Another attendee, Judy Otey, described Dr. Klaassen's behavior as extremely inappropriate.

Dr. Atkinson Removes Dr. Klaassen as Chair of the Pharm/Tox Department

On April 5, 2011, Dr. Atkinson asked Dr. Gerald Carlson if he would agree to serve as the Interim Chair of the Pharm/Tox Department. Dr. Carlson accepted. On April 6, 2011, Dr. Atkinson met with Dr. Klaassen and gave him the option either to resign or face termination from his position as Chair of the Pharm/Tox Department. Dr. Atkinson told Dr. Klaassen that she hoped he would remain with KUMC as a superb researcher with access to all the same grants and programs, but he would no longer serve as Department Chair. During the meeting, Dr. Klaassen provided Dr. Atkinson a PowerPoint presentation that criticized Dr. Atkinson's management at KUMC.

On April 12, 2011, Dr. Atkinson sent Dr. Klaassen a letter formally confirming that she had terminated him from his role as Chair of the Pharm/Tox Department. In that letter, Dr. Atkinson instructed Dr. Klaassen that he was not "to direct or lead the faculty and may no longer call department faculty meetings." Doc. 326-27 at 1. The letter also advised that Dr. Klaassen was "not to interfere with the financial management of the department in any way." Id. By losing his Chair position, Dr. Klaassen no longer received a $40,000 annual stipend that he had received as a Department Chair.

Dr. Atkinson explained that she removed Dr. Klaassen as Chair because of his lack of leadership, his treatment of faculty, and the extremely inappropriate things he had said to his faculty, the administration, and the public. Dr. Hartmut Jaeschke commented about Dr. Klaassen's removal as Chair: "The lesson to be learned here is that even if you do an excellent job as chair, it is still unhealthy to criticize your boss too much." Doc. 349-45 at 1.

After Dr. Klaassen's meeting with Dr. Atkinson, his PowerPoint presentation was circulated to others, including individuals at the Kauffman Foundation and KU Endowment. The PowerPoint presentation questioned whether Dr. Atkinson was "bankrupting the future of KUMC." Doc. 349-15 at 5. A representative from the Kauffman Foundation and a representative of KU Endowment received the PowerPoint presentation and said that it troubled them. After Dr. Terranova received this PowerPoint presentation, he wrote to Dr. Atkinson and reported that he found it "upsetting."

After meeting with Dr. Atkinson, Dr. Klaassen had a conversation with Dr. Carlson about his role as Interim Chair. Dr. Carlson testified that Dr. Klaassen did not understand that he was now Dr. Klaassen's supervisor. Dr. Carlson testified that Dr. Klaassen made it clear to him that he intended to run the Department jointly with Dr. Carlson-even though Dr. Atkinson had appointed Dr. Carlson as Interim Chair.

In response to Dr. Atkinson's removing Dr. Klaassen as Department Chair, some faculty members expressed their concern that the decision could damage the Pharm/Tox Department. A group of tenured faculty members wrote to Dr. Atkinson and asked her to reverse the decision.

Dr. Klaassen's Behavior After He Was Removed as Chair of the Pharm/Tox Department

On April 7, 2011, Dr. Klaassen gave a final presentation to the Pharm/Tox faculty. In that meeting, he asked faculty what his role should be in the Department going forward. One of the options he presented to the faculty was that he would continue running the day-to-day operations while Dr. Carlson-the proposed new Interim Chair-would sign papers and work with the administration. More specifically, Dr. Klaassen provided the Pharm/Tox faculty with seven options he could take in response to his removal as Department Chair. Quoted verbatim, Dr. Klaassen's options were:

- Commit suicide

- Retire

- Move to new University

- Move to a different place on campus

- Stay physically in Department, but put tin foil over my door and not attend any departmental functions

- Stay physically in department and attend functions as all faculty

- Do what I am doing what I can, have Carlson sign papers and talk to administration

Doc. 326-30 at 29.

Dr. Klaassen presented this PowerPoint presentation at the faculty meeting. It included some of his criticisms of Dr. Atkinson, including that she had told him that he was not on the KUMC Planning Committee because he was not in her future plans. It also described his April 6, 2011, meeting with Dr. Atkinson. Dr. Klaassen's PowerPoint presentation asserts that Dr. Atkinson had told him that he was doing a good job as Chair of the Department but that he must resign or she would fire him.

Also, Dr. Klaassen's PowerPoint presentation concedes that Dr. Klaassen's "acting out" had captured Dr. Atkinson's attention. It includes a slide reading: "My statements, which [Dr. Atkinson] apparently [doesn't] like, are comments as a University Distinguished Professor that has spent many years at KUMC, not as a Chair." Doc. 326-30 at 17. The PowerPoint slides following this slide discuss inadequate joint governance and inadequate communication; other slides question various financial decisions KUMC had made. Also, Dr. Klaassen's presentation discusses KUMC's decisions to establish a cancer center and open medical school campuses in Wichita and Salina. A faculty member who attended the meeting testified that Dr. Klaassen said-referring to Dr. Atkinson-"the bitch must go." Dr. Klaassen has conceded that he called Dr. Atkinson a bitch in front of the Pharm/Tox faculty.

In the days after Dr. Klaassen's April 7 meeting with the Pharm/Tox faculty, one of Dr. Klaassen's students circulated an email and flyer on behalf of a group identified as "Students for Democracy at the University of Kansas Medical Center." Dr. Klaassen has conceded that he provided information to the student who circulated the email and flyer. Some of the information contained in the email and flyer was false, including one assertion that Dr. Atkinson forced each of the basic science faculty to take a 50% salary cut.

The Students for Democracy flyer argued that more money should go to basic sciences, where Dr. Klaassen served as a faculty member. No one in the basic science faculty took a 50% salary cut. Also, the flyer described Dr. Klaassen as a commonly recognized well-qualified Chair of the Pharm/Tox Department. And it implies that Dr. Atkinson caused another medical school to declare bankruptcy because she mismanaged the school while serving as its Dean.

After he was removed as Department Chair, Dr. Klaassen continued in his appointment as a member of the faculty in the Pharm/Tox Department and remained the Principal Investigator on the COBRE and Training grants. During this period, Dr. Terranova received reports from Pharm/Tox Department members complaining about Dr. Klaassen's disruptive behavior. On May 20, 2011, Dr. Klaassen even apologized to a staff member for his behavior that Dr. Klaassen described as "overly aggressive." Dr. Terranova testified that such behavior can slow the Department's progress and disrupt the faculty's ability to perform their jobs, including research, teaching, and administrative duties.

On April 8, 2011, Dr. Klaassen sent an email to Dr. Carlson addressed to "Dr. Herr Professor Chairmen Carlson." Doc. 349-39 at 1. Dr. Klaassen's email asked about the status of COBRE job applications. Dr. Carlson responded to the email but didn't respond to Dr. Klaassen's question. On May 19, 2011, Dr. Klaassen sent an email to Dr. Carlson, Cody Tully (a Management Analyst in the Pharm/Tox Department), and Rosa Meagher (an administrative assistant) to set up a meeting to discuss the COBRE grant, the Training grant, and a faculty search. Dr. Carlson told Mr. Tully and Ms. Meagher that they shouldn't hesitate to postpone the meeting if they thought "anything is crossing the line." Doc. 349-88 at 1.

In June 2011, Dr. Klaassen sent another email to Dr. Carlson, Ms. Meagher, and Mr. Tully. It asked for a meeting to discuss certain topics. Among themselves, Dr. Carlson, Ms. Meagher, and Mr. Tully responded that they didn't see the need to hold the meeting. Ms. Meagher responded by email that she was reluctant to meet with Dr. Klaassen because she didn't want to provide him with any information he could "use in his Saturday escapades." Doc. 349-90 at 1. But eventually, Dr. Carlson responded to Dr. Klaassen and offered to meet with him.

In June 2011, while Dr. Klaassen was out of town, the faculty offices-including Dr. Klaassen's-were re-keyed. Grace Guo is a junior faculty member who worked closely with Dr. Klaassen. She testified that she felt people were harassing her around this time because Dr. Klaassen had hired her. A few weeks later, Dr. Klaassen sent an email to Dr. Carlson discussing the complications he faced in meeting his grant responsibilities and requesting assistance. In a response by email, Dr. Carlson quoted Jean-Paul Sartre and questioned Dr. Klaassen's intentions for sending the email.

On July 21, 2011, Dr. Klaassen circulated an article from The Lawrence Journal-World about KUMC to the Pharm/Tox faculty. Dr. Carlson informed Dr. Atkinson about Dr. Klaassen's email. Dr. Carlson told Dr. Atkinson that he responded "nastily" to Dr. Klaassen with the goal of "provoking an open confrontation between [Dr. Klaassen] and [Dr. Carlson] at a faculty meeting next week." Doc. 349-97 at 1. Dr. Carlson continued: "I haven't responded with emotion to a single one of his many previous missiles, but this nonsense has gone on long enough." Id.

On July 26, 2011, Dr. Klaassen sent an email to Dr. Carlson asking whether he had a plan for certain equipment. Rosa Meagher sent a response to the email to Cody Tully. It read: "Dictator?" Doc. 349-99 at 1. Ms. Meagher testified that she ignored Dr. Klaassen repeatedly because he had attacked her by email, he "grinded" on her, and he was not a very pleasant person.

In the fall of 2011, Dr. Terranova and Dr. Carlson exchanged emails about the "interrelated issues" of removing Dr. Klaassen as Principal Investigator for the COBRE grant, removing Dr. Klaassen as the Principal Investigator for the Training grant, placing a new permanent Chair in the Pharm/Tox Department, and moving Dr. Klaassen's laboratory from the Hemenway building to the Hixson building. Doc. 326-20 at 1. Dr. Terranova testified he believed that it was good that they were planning and preparing for the issues together because the issues involved guidelines compliance, forming hiring committees, contacting the National Institutes of Health, and other tasks.

On Friday, October 28, 2011, Dr. Klaassen called a meeting, purportedly to discuss the COBRE grant. Dr. Klaassen called this meeting in his capacity as Principal Investigator of the COBRE grant. He invited people associated with this grant to attend this meeting. But he did not invite Dr. Carlson, the Interim Chair of the Pharm/Tox Department. In an email to Dr. Terranova, Dr. Carlson complained that Dr. Klaassen's COBRE meetings provided Dr. Klaassen with "a large audience to rant and rave about the Dean, Cody [Tully] and me and to tell half-truths and lies." Doc. 326-21 at 1. Dr. Carlson noted that Dr. Klaassen wouldn't be able to hold such meetings if he was no longer the Principal Investigator on the COBRE grant.

At the meeting, Dr. Klaassen presented another PowerPoint presentation. In one of the PowerPoint slides, Dr. Klaassen referred to Dr. Carlson as a "Ford chair trying to be a Mercedes chair-major conflict of interest." Doc. 326-31 at 1. In another slide, Dr. Klaassen accused Dr. Carlson of "doing everything he can to destroy the department." Id. at 3. And yet in another slide, Dr. Klaassen stated that his future cooperation with the department "will largely be dependent on the new Chair's respect" for him. Id. at 5. Dr. Klaassen told the faculty that he would not allow the new Department Chair to become the Principal Investigator of the COBRE grant-a major source of funding for the Pharm/Tox Department. Also, Dr. Klaassen stated that his comments were made in the meeting "as a university distinguished professor." Id. at 11. Some members of the Department walked out of this meeting to protest Dr. Klaassen's behavior.

Also on October 28, 2011, Dr. Klaassen told Dr. Hartmut Jaeschke that he had heard that Dr. Jaeschke had applied for the position as Chair of the Pharm/Tox Department. When Dr. Jaeschke responded that he had applied, Dr. Klaassen threatened Dr. Jaeschke. Dr. Klaassen told Dr. Jaeschke, "[If] you fuck me over[,] I'm going to fuck you over." Doc. 326-77 at 3 (Jaeschke Dep. 57:6-58:11).

In response to the October 28, 2011, events, Dr. Carlson and Dr. Jaeschke reported Dr. Klaassen's behavior to Dr. Terranova. Dr. Terranova described the complaints ones as reporting disruptive behavior by Dr. Klaassen in the Department. Dr. Terranova testified that Dr. Klaassen's description of Dr. Carlson as a "Ford chair trying to be a Mercedes chair" was insulting, insubordinate, and not relevant to the COBRE grant. He also thought it was insubordinate for Dr. Klaassen to state in his PowerPoint presentation that Dr. Carlson was doing everything he can to destroy the Department. Dr. Terranova found Dr. Klaassen's behavior seriously inflammatory and beyond the bounds of expectations for a university environment. Dr. Atkinson testified that people, by this point in time, were frightened of Dr. Klaassen.

Dr. Klaassen is Placed on Administrative Leave

On Tuesday, November 1, 2011, the University placed Dr. Klaassen on administrative leave with full pay. Dr. Klaassen testified that he was in a meeting on November 1, 2011. Dr. Terranova and two armed police officers entered the room and escorted him off campus. While on leave, Dr. Klaassen's duties were suspended, meaning that he was not to carry out any duties while on administrative leave. Dr. Terranova provided Dr. Klaassen with a letter describing the reason for placing him on paid administrative leave. It read:

It has been reported to me that you have exhibited behavior and engaged in statements that were belligerent and frightening to other University faculty and staff. You made these statements and engaged in this behavior in meetings related to the COBRE grant, in administrative meetings with faculty and staff related to budget uses, and in a one-to-one meeting with a faculty member in your department. I understand that these were not simply disagreements on a professional basis, but were seriously inflammatory and frightening to several individuals concerned and completely beyond the bounds of what is expected in a University environment.

Doc. 326-22 at 1. The letter informed Dr. Klaassen that his leave was paid leave, and that he was not to come on campus except for specified circumstances.

Dr. Terranova told Dr. Klaassen that the KUMC administration would consider the future direction of Dr. Klaassen's programs-including grants for which Dr. Klaassen was Principal Investigator-while he was on leave. More specifically, the letter provided:

During your suspension from duties, KUMC administration will decide the future direction and continuation of all programs that you direct at KUMC. This determination will include consultation with appropriate faculty, other administrators at KUMC, and the NIH. Any adverse or unacceptable behavior on your part, including any activities by you to inappropriately undermine this action and any transition that may be directed, will be dealt with expeditiously and in accordance with the Handbook for Faculty and Other Unclassified Staff.

Id. at 2.

On November 15, 2011, Dr. Terranova asked Dr. Allen Rawitch, Vice Chancellor for Academic Affairs, to investigate the accusations that Dr. Klaassen had engaged in personal and professional misconduct. Dr. Terranova said he did so to determine whether reasonable grounds existed to convene a faculty Ad Hoc Hearing Committee.

On November 21, 2011, the University of Kansas Medical Research Institute wrote to the National Institutes of Health ("NIH"). The letter asked the NIH to change the Principal Investigator on the COBRE and Training grants from Dr. Klaassen to other KUMC faculty members. Dr. Terranova testified that, based on Dr. Klaassen's inappropriate, belligerent, offensive, and threatening behavior, he believed Dr. Klaassen could not perform the duties of the Principal Investigator on the COBRE and Training grants.

On November 23, 2011, Dr. Terranova notified Dr. Klaassen that KUMC had extended his 30-day administrative leave until December 15, 2011.

Dr. Klaassen Speaks with The Lawrence Journal-World

Although he does not recall precisely when, at some point during 2011, Dr. Klaassen called The Lawrence Journal-World ("LJW ") on the telephone and then visited its office in person. Dr. Klaassen spoke with Dolph Simons, Jr., who worked at the LJW and wrote some of its editorials. Dr. Klaassen did not discuss his removal as Principal Investigator for any of the NIH Grants with Mr. Simons because that had not yet happened.

On April 28, 2011, the LJW published a news story written by Andy Hyland. It ran under the headline, "Department chairman at Kansas University Medical Center asked to step down." Doc. 326-13 at 1. This was the first article that the LJW had published about Dr. Klaassen. The story discussed KUMC's decision to remove Dr. Klaassen from the Department Chair position. But it included no comment from Dr. Klaassen. The article specifically reported that Dr. Klaassen had "no comment." Id. Dr. Klaassen denies that he ever spoke with Mr. Hyland.

Two days later, the LJW published a column expressing Mr. Simons's editorial opinion that "Dr. Klaassen's firing reveals broader concerns at the University's medical center." Doc. 326-12 at 1. Mr. Simons did not quote Dr. Klaassen in this editorial. But the editorial quoted letters that Dr. Atkinson personally had provided to Dr. Klaassen.

On July 17, 2011, the LJW published another editorial critical about Dr. Atkinson's leadership at KUMC. This second editorial doesn't quote or even mention Dr. Klaassen. On September 22, 2011, the LJW published a third editorial about what it described as a "poor pass rate" of KUMC's department of internal medicine residents. Dr. Atkinson and others at KUMC communicated about the article and suggested several people-including Dr. Klaassen-who may have provided this information to the LJW.

On October 29, 2011, Mr. Simons published a Saturday column under the headline, "Leadership issues coming to light at KU Medical Center." Doc. 326-112. This column described organizational changes needed at KUMC. The column included no comments by Dr. Klaassen, but it briefly referred to Dr. Klaassen's removal as Department Chair.

On November 5, 2011, Mr. Simons published another editorial. It opined that leadership problems existed in both KU's athletic department and at the medical school. The column criticized Dr. Atkinson for "fir[ing]" Dr. Klaassen as chair of the Pharm/Tox Department. Doc. 326-14 at 1. This editorial included no comments by Dr. Klaassen.

Dr. Klaassen testified that he spoke to the LJW to help KU make its medical school better. Dr. Klaassen testified that he also tried to talk to The Kansas City Star about his concerns. Dr. Klaassen testified that he went to the LJW because it was the only place left he knew he could go to complain about KUMC's management. In particular, Dr. Klaassen complained that KUMC was mismanaging funds with its decisions to develop campuses in Salina and Wichita and to seek designation as a National Cancer Institute. Dr. Klaassen conceded that these decisions were not illegal. But he believed the decisions were unethical and that KUMC should have involved the faculty in the decision-making process.

Dr. Atkinson testified that she read Dolph Simons's Saturday editorials about KUMC. Also, she testified that she had anticipated negative articles after KUMC placed Dr. Klaassen on administrative leave. Dr. Atkinson believed the source for the LJW 's articles was Dr. Klaassen. Indeed, some of the articles quoted letters that Dr. Atkinson had provided to Dr. Klaassen. Dr. Atkinson testified that the LJW editorials bothered her because they were hurtful and wrong. Dr. Atkinson spoke with Chancellor Bernadette Gray-Little about the editorials. In April 2011, Dr. Atkinson prepared a response to the information that had appeared in the LJW editorial. The response was circulated among KUMC employees. Dr. Atkinson testified that, in response to the LJW editorials, the Governor's Office for the State of Kansas had received many letters criticizing her leadership.

Dr. Atkinson testified that the April 30, 2011, LJW editorial was bad publicity for KUMC. And it came at a crucial time when KUMC was building new projects, particularly the cancer center program. Dr. Atkinson thought it was bad for KUMC to have this false information out in the public to read. Dr. Atkinson also thought the editorials were misleading and hurting KU. Around this time, Dr. Atkinson uninvited Dr. Klaassen to a party for donors because she didn't want someone in her own home who would talk about her to the LJW as Dr. Klaassen had done. But Dr. Atkinson testified that, otherwise, the LJW articles did not have any effect on how she operated KUMC or made decisions.

Dr. Klaassen made it known to Dr. Carlson that he had made a good inroad with Dolph Simons. Dr. Carlson presumed that Dr. Klaassen was the source of information for Mr. Simons's editorials. Also, Dr. Jaeschke knew that Dr. Klaassen was sending emails to the LJW.

Dr. Klaassen's Return from Administrative Leave

On December 16, 2011, Dr. Klaassen returned from administrative leave. As of that date, Dr. Klaassen was no longer the Principal Investigator for the Training grant or the COBRE grant.

When Dr. Klaassen returned from administrative leave, KUMC provided him with a list of expectations that he must follow going forward. Dr. Klaassen acknowledged these expectations in writing. They included: (1) Dr. Klaassen would comply with all University policies, including those prohibiting abusive and unprofessional treatment of students or faculty; (2) Dr. Klaassen would treat all faculty, staff, vendors, visitors, and others with whom he interacted with respect and dignity, and refrain from engaging in insulting, demeaning, disruptive, hostile, aggressive, or threatening conduct, including yelling and storming out of meetings; (3) Dr. Klaassen would refrain from using illustrations of guns in presentations; (4) Dr. Klaassen would refrain from retaliating against those who participated in the inquiry; and (5) Dr. Klaassen would complete a program for distressed physicians. Doc. 326-23 at 2.

Dr. Terranova believed it was important for the expectations of Dr. Klaassen's to include treating others with respect and dignity because Dr. Klaassen had not treated some individuals with respect and dignity. Dr. Terranova testified that this treatment was part of the reason for Dr. Klaassen's administrative leave. Also, Dr. Terranova thought it was important for Dr. Klaassen's expectations to include refraining from using guns in presentations because some faculty members had reported Dr. Klaassen's use of guns as something that concerned them. Dr. Klaassen testified, though, that he had been using images of firearms in his presentations since 2005.

On December 16, 2011-Dr. Klaassen's first day back to work and even though he had acknowledged that he was to treat all faculty with dignity and respect-Dr. Klaassen interrupted a meeting in Dr. Jaeschke's office. Dr. Klaassen repeatedly pounded his fists on file cabinets. Also, he yelled to express his view that the COBRE and Training grants were his grants and that he would give them up only when he was dead. Dr. Klaassen yelled at Dr. Jaeschke: "You want to be chair of this department! How do you think our relationship will be after that?" Doc. 326-33 at 1.

On December 31, 2011, Dr. Steven Stites, Chair of the Internal Medicine Department, received a call from Shelley Gebar, Chief of Staff for Dr. Atkinson. Ms. Gebar asked Dr. Stites to accept Dr. Klaassen in the Internal Medicine Department. On January 4, 2012, Dr. Terranova notified Dr. Klaassen that the University was moving his office and laboratory space from KUMC's Hemenway Building (where Pharm/Tox was located) to the Hixson Building. Dr. Terranova advised that this move would occur on February 1, 2012. Dr. Terranova was involved in discussions about Dr. Klaassen's transfer to the Internal Medicine Department, but Dr. Atkinson made the final decision.

Dr. Klaassen complained that the Hixson Building provided inadequate space for him to perform his research. He testified that it took over eight months to secure access to water and ice in that building. He also complained about construction debris. Dr. Atkinson testified that the Hixson Building was directly across the street from the Hemenway Building and had just undergone renovations.

Later in the day on January 4, 2012, Dr. Klaassen entered Dr. Jaeschke's office uninvited and criticized Dr. Jaeschke for about an hour. He blamed Dr. Jaeschke for Dr. Klaassen's impending laboratory move. Dr. Jaeschke described the interaction in a letter he sent to Dr. Klaassen. It read, in part:

On January 4, 2012, you again entered my office uninvited and proceeded to engage in a heated conversation and harangue for approximately an hour. You were clearly upset about the pending move of your laboratory to Hixson. You blamed the move on me. You repeatedly asked in a very agitated tone of voice: "How can you throw me out of this building after all I have done for you? What will this do to your reputation? What will I do when I get the COBRE grant and the training grant back and I am across the street? If I am here, I will hand it over to you, if I am across the street, I will not support you or the department. My move will destroy the department. I am your biggest asset over here but I will work against you if I am across the street." In addition, you repeatedly pointed out that fifty-percent of the Society of Toxicology council are your former students, then proceeded to state: "What do you think this will do to your career? What do you want me to say about you and this place when I get my merit award in 2 months? That you kicked me out and destroyed my career after 43 years, just 2 years before I will leave? What do you think that will do to your career in toxicology or hepatology?" Your comments made it very clear to me that you would work against me if I became chair, that you would tell everyone that I had destroyed your career and in so doing, you would actively work to destroy my career and reputation in toxicology and the liver field.

Doc. 326-33 at 2.

On January 9, 2012, Dr. Atkinson named Dr. Jaeschke Chair of the Pharm/Tox Department. Dr. Jaeschke testified that he thought the relationship between Dr. Klaassen and the Pharm/Tox Department was irretrievably broken. On January 10, 2012, Dr. Atkinson met with Dr. Klaassen for about an hour. During this meeting, Dr. Atkinson gave Dr. Klaassen a letter that informed him that she was contemplating transferring him from the Pharm/Tox Department to the Department of Internal Medicine because Dr. Klaassen had created a hostile environment within Pharm/Tox. The letter explained that Dr. Klaassen's conduct had "irretrievably damaged relationships with the faculty and staff in Pharm/Tox" and had led her to conclude that his "continued presence in Pharm/Tox would only serve to continue to disrupt the department's effective and orderly operations." Doc. 326-82 at 4. Also, Dr. Atkinson's letter gave Dr. Klaassen one week to provide information to her to consider before making her final decision about the proposed transfer.

On January 11, 2012, Dr. Klaassen sent an email to Dr. Jaeschke. It acknowledged: "I can understand why you might not have much confidence in me at the present time. If I did not have graduate students and post-doctoral students, I would have retired 9 months ago." Doc. 326-34 at 1. The email also described how Dr. Klaassen views his students like his own children, and that he wanted to stay at the University to help them. The next day, Dr. Klaassen sent another email to Dr. Jaeschke. It acknowledged: "I think the Department has become de-unified the last few months, and I am probably the reason for most of that splintering, and I will take full responsibility." Doc. 326-55 at 2.

On January 20, 2012, Dr. Klaassen wrote to Dr. Atkinson that he had met with Dr. Stites and Dr. Dawn from Internal Medicine and "all parties are optimistic that the transfer can and will occur," and that he "will conduct [himself] in a professional manner as [he had] sought professional help to further understand [his] behavior." Doc. 326-83 at 1. Dr. Stites, Chair of Internal Medicine, testified that his reasons for agreeing to take Dr. Klaassen into the Department were "[m]ulti-factorial." Doc. 326-75 at 15 (Tr. 205:7-9). He explained:

Of course, [Dr. Atkinson] was my boss, and she asked me to do it, so I felt a little bit of obligation to try and help. Second of all, Dr. Klaassen is a Distinguished Professor, and one of the investigators at KU over many years. And we thought if we can help transition him, and he could be in a safer place, because then he could help mentor some of our faculty and people of the Department of Medicine. So we had the best intentions. There was nothing to try to hurt him or hurt his lab or students whatsoever. And that just would be dumb, that's dumb. So we really were there to try to be helpful. And all those things-we knew there was a risk, and this controversy in Pharmacology. I didn't know all the specifics about it, and that that was fine, because I don't know that I should know that. But we were there to try and be helpful.

Id. (Tr. 205:7-206:1). Dr. Stites denied that the transfer was part of a plan to run Dr. Klaassen out of the University.

On January 20, 2012, Dr. Atkinson notified Dr. Klaassen that KUMC was transferring him to the Internal Medicine Department. Dr. Atkinson explained that Dr. Klaassen's conduct had "irretrievably damaged relationships with faculty and staff in Pharm/Tox and created a hostile work environment, thereby interfering with the operations of the department and jeopardizing the ability of the department to succeed." Doc. 326-29 at 1.

Dr. Atkinson testified that she believed Dr. Klaassen would be a good fit in the Internal Medicine Department. On January 23, 2012, KUMC moved Dr. Klaassen's office. Also, when Dr. Klaassen transferred from the Pharm/Tox Department, KUMC moved his laboratory into available laboratory space in the Hixson Building.

Dr. Helen Renaud is a former graduate student who came to the University of Kansas to study with Dr. Klaassen. Dr. Renaud had complained that Cody Tully, a staff member in the Pharm/Tox Department, was not cooperative with the lab members. Dr. Renaud has testified, however, that the Internal Medicine Department welcomed the lab members. Also, she testified, Dr. Stites was very friendly and helpful.

Mr. Tully (a staff member in the Pharm/Tox Department) did not respond to various requests that Dr. Klaassen made by email. Mr. Tully testified that he ignored Dr. Klaassen's requests because, at the time, he was no longer the Chair of the Pharm/Tox Department. Dr. Klaassen's students complained that Mr. Tully had prevented them from accessing necessary equipment and supplies. The University investigated Mr. Tully's behavior. Mr. Tully received counseling for his actions. And afterwards, Mr. Tully had no more interaction with the students in Dr. Klaassen's lab.

During this same period, several members of KUMC's faculty communicated with one another about Dr. Klaassen. On January 23, 2012-the day KUMC moved Dr. Klaassen's office-Dr. Carlson sent an email to Dr. Jaeschke suggesting that they form a conga line that would dance down the hall chanting, "No more Dirty Curty!" Doc. 349-42 at 1. In another email, Dr. Carlson accused Dr. Klaassen of behaving like a "lunatic." Doc. 349-44 at 1. On January 16, 2012, in response to Dr. Jaeschke's complaints about Dr. Klaassen's behavior, Dr. Carlson told Dr. Jaeschke not to let Dr. Klaassen get under his skin because Dr. Klaassen is "going to do everything in his power to make your life as hellish as he tried to make mine." Doc. 349-43 at 1. Dr. Carlson told Dr. Jaeschke not to hesitate to "tweak [Dr. Klaassen] a little bit." Id. In other correspondence, Dr. Jaeschke called Dr. Klaassen an "ass," a "malignant cancer," a "slug that crawls around," and "Dr. Nobody from Leawood." Docs. 349-52 at 1, 349-56 at 1, 349-57 at 1, 349-58 at 1.

First Inquiry Report

KUMC's Handbook defines "Personal and Professional Misconduct" as conduct that fails to meet KUMC's expectation that faculty "act professionally in their interactions with students, faculty and staff," and "conduct themselves in a manner that by normal standards would be considered as morally and professionally acceptable conduct." Doc. 326-38 at 25. KUMC's Handbook also includes a "Personal and Professional Misconduct Complaint Procedure" for making and processing formal allegations of faculty misconduct. The Complaint Procedure delegates the responsibility for responding to allegations of faculty misconduct to the Vice Chancellor for Academic Affairs. If the Vice Chancellor for Academic Affairs has reason to believe that misconduct may have occurred, he initiates "an Inquiry into the allegations in order to determine whether the allegation has substance and if an investigation is warranted." Doc. 326-38 at 31. When that occurs, KUMC notifies the faculty member involved in the Inquiry that the Vice Chancellor for Academic Affairs has initiated an Inquiry. Also, KUMC provides the faculty member with a copy of the written Inquiry Report and an opportunity to respond to it.

If the Vice Chancellor for Academic Affairs determines that the allegation has substance, then the matter proceeds to an investigation. The KUMC Handbook defines this "investigation" this way: "The formal examination and evaluation of all relevant facts to determine if there exists a reasonable basis for the allegation or complaint, and if so, to determine the responsible person, the seriousness of the misconduct and the appropriate administrative response." Id. at 25.

At the investigation stage, an Ad Hoc Hearing Committee is assembled. The Ad Hoc Hearing Committee consists of faculty members-one chosen by the aggrieved party, one chosen by the faculty member, and four selected by the Faculty Assembly Steering Committee with the approval of the Vice Chancellor for Academic Affairs. After the ad hoc hearing is held, the Ad Hoc Hearing Committee recommends to the EVC whether personal or professional misconduct occurred, and what discipline, if any, is appropriate.

After receiving the Ad Hoc Hearing Committee's recommendation, the EVC-as the deciding official-issues the "final administrative response to findings of misconduct." Id. at 24. KUMC's Handbook provides a list of possible sanctions, including warning, restitution, censure, suspension with pay or without pay, and dismissal.

If the administrative response is termination or some other adverse change in the faculty member's terms and conditions of employment, the faculty member may appeal. On appeal, the Ad Hoc Hearing Committee "shall make its determination as to the validity of the appellant's claims," and shall issue a written opinion "delineating its decision, the reasons therefore, and its recommendation for disposition."

Id. at 36-37. The Ad Hoc Hearing Committee must provide a copy of its written opinion to the appealing faculty member and the EVC.

After receiving the Ad Hoc Hearing Committee's decision and recommendation, the EVC "shall respond in writing to the recommendations of the committee documenting the reasons for agreeing or disagreeing." Id. at 37. The EVC's decision serves as the final administrative authority, and it exhausts the KUMC internal administrative process. Also, the EVC's decision constitutes a final agency action.

In 2011, KUMC initiated a first Inquiry against Dr. Klaassen involving allegations of misconduct by him. During this first Inquiry, Dr. Allen Rawitch, the Vice Chancellor for Academic Affairs, with the assistance of two other professors, interviewed 19 witnesses about Dr. Klaassen's alleged misconduct. Also, Dr. Rawitch and the two assisting professors met with Dr. Klaassen and his counsel. At least two of the witnesses interviewed told investigators that Dr. Klaassen was not abusive. One of the witnesses described bullying behavior by Dr. Klaassen and stated that his abusive behavior was not new. Robert Klein, Vice-Chancellor for Academic Affairs, told investigators that he suspected Dr. Klaassen had taken information to the LJW. He described such action as unprofessional.

On January 31, 2012, Dr. Rawitch provided Dr. Klaassen with an Inquiry Report. It included text and exhibits totaling 145 pages. The Inquiry Report concluded that reasonable grounds existed to believe that Dr. Klaassen had engaged in personal and professional misconduct warranting further investigation by the Ad Hoc Hearing Committee. The Inquiry Report detailed the investigation's findings about many incidents involving Dr. Klaassen.

First Ad Hoc Hearing

In May 2012, a faculty ad hoc hearing committee ("First Hearing Committee") convened to hear the allegations described in the January 2012 Inquiry Report. The First Hearing Committee consisted of five of Dr. Klaassen's faculty peers, one of whom Dr. Klaassen had selected. The hearing lasted about seven hours, and the committee heard from nine witnesses. It also received and reviewed hundreds of pages of exhibits, including 234 exhibits presented by Dr. Klaassen and 24 exhibits presented by KUMC Administration. Counsel represented Dr. Klaassen at the hearing. His counsel called and cross-examined witnesses, including Dr. Klaassen.

The First Hearing Committee heard testimony that faculty members in the Pharm/Tox Department had concerns for their own safety. Dr. Ken McCarson, a member of the Pharm/Tox faculty, testified:

Well, because with the reoccurrence of the imagery of the guns, it was very clear to those of us who had been around long enough-you have to keep in mind that at the time, in 2010, 2011, most of the members of the faculty had been recruited since 2006. There was really very little institutional memory in the room. So many of them had not seen the initial go-round with the images of the guns and the pillorying of faculty peers and anger directed out at other members of the faculty and the university.

And so seeing the life is hell litany and the gun-the firearm imagery return, to me, was a very clear signal that [Dr. Klaassen's] agitation level was rapidly escalating and in what I perceived to be a threatening manner.

And I know that on several occasions in early 2011, especially immediately before he was removed from the chair position, I expressed concern about his agitated, erratic behavior to peers within the institution and then ultimately to administration within the institution.

So, for example, right around the time that he was let go and Gerry Carlson became chair, I know that I and I think several other members of the faculty expressed our concerns about potentially threatening behavior at those meetings.

Doc. 326-79 at 105-06 (Tr. 105:18-106:22).

Another member of the Pharm/Tox faculty, Dr. Beth Levant, testified that Dr. Klaassen's conduct and behavior had "caused [her] a great deal of anxiety." Doc. 326-93 at 3-4 (Levant Dep. 22:21-23:6). She explained that his behavior had made her "afraid to be at work," and it had "interfered with [her] performance at [her] job." Id.

On May 31, 2012, the First Hearing Committee unanimously condemned Dr. Klaassen's behavior. It concluded that Dr. Klaassen had committed misconduct by engaging in abusive and unprofessional treatment of faculty and staff, and he substantially had disrupted the proper operations of the academic unit. Among other conclusions, the First Hearing Committee found:

• Dr. Klaassen engaged in unprofessional conduct during meetings with people from both inside and outside the University.

• Dr. Klaassen's behavior towards colleagues and subordinates was unprofessional, abusive, disruptive and unacceptable.

• Some colleagues and staff quite reasonably felt threatened and intimidated as a result of his actions.

• Dr. Klaassen's own testimony revealed that he is blind to his own behavior and its impact and that he remains largely in denial.

• Dr. Klaassen's blindness to the facts damaged his credibility in the eyes of the committee.

• The University tolerated his conduct for too long.

• The University also appeared indifferent to Dr. Klaassen's research grant obligations when it extended his administrative leave. The University's handling of the matter could have jeopardized his research, his relationship with the NIH, and the productivity of his students.

• Research excellence is not a license for unprofessional conduct.

• Dr. Klaassen's removal as Pharm/Tox Chair and transfer to the Department of Internal Medicine were "entirely appropriate and necessary."

• The Committee recommended a formal censure and swift and increased punishment should any further episodes of unprofessional conduct occur.

Doc. 326-10 at 2-3.

KUMC Interim Executive Vice Chancellor Dr. Stites adopted the Committee's recommendation and publicly censured Dr. Klaassen on June 13, 2012. Dr. Stites advised Dr. Klaassen that the University of Kansas would send the following statement of formal censure via broadcast email to all KUMC faculty, and it would publish it in the News Archive section of the KUMC News website:

Formal Censure-Curtis D. Klaassen, Ph.D., University Distinguished Professor, has been found by a faculty hearing committee to have engaged in abusive and unprofessional treatment of faculty and staff and substantially disrupted the proper operations of the academic unit, specifically the Department of Pharmacology, Toxicology and Therapeutics. Dr. Klaassen's conduct was found to be unprofessional, abusive, disruptive, and unacceptable. These findings were accepted and approved by Acting Executive Vice Chancellor Steven Stites. This announcement represents formal censure of Dr. Klaassen for his actions.

Doc. 326-86 at 2. Dr. Klaassen has acknowledged that he accepted the formal censure.

Also, Dr. Stites directed Dr. Klaassen to submit a general apology. Dr. Stites explained to Dr. Klaassen the reasons for the apology:

Your abusive and unprofessional behavior caused substantial disruption to the academic unit that also adversely impacted the KU Medical Center community. I believe that an apology from you will assist both you and the KU Medical Center community in bringing closure to this matter and will be an important first step in repairing the damages your actions have caused.

Id. at 3.

By accepting the First Hearing Committee's recommendation, Dr. Stites sought to send a message to Dr. Klaassen that, "[Y]ou can't abuse people. You can't be disruptive. You can't be unprofessional. Those are not how we treat each other. And it doesn't matter how many NIH grants you've had. It doesn't matter how many papers you've published." Doc. 326-130 at 8-9 (Tr. 161:6-162:18).

On June 13, 2012, Dr. Klaassen apologized "for any actions that may have embarrassed the University and Medical Center community and colleagues or caused colleagues to feel abused or harassed." Doc. 326-11 at 1. Also, he said he would do his best "to represent the University of Kansas Medical Center professionally in all regards." Id.

On June 13, 2012, Dr. Stites met with Dr. Klaassen to deliver the sanction decision. During that meeting, Dr. Stites reiterated the message that he had given Dr. Klaassen when he was transferred to Internal Medicine-that the University was giving him a chance at a fresh start. And, to succeed, Dr. Klaassen needed to focus on looking forward, not backward on past issues.

Charges for the Use of the Mass Spectrometer

When Dr. Jaeschke became the Principal Investigator for the COBRE grant and Chair of the Pharm/Tox Department, he was responsible for managing the core equipment held by the Department. This responsibility included the mass spectrometer, a piece of equipment worth several-hundred-thousand-dollars. In 2012, as the Principal Investigator of the COBRE grant, Dr. Jaeschke implemented user fees for the mass spectrometer. (When Dr. Klaassen was Chair, he did not impose user fees for using the mass spectrometer.) Dr. Jaeschke made this decision to make using that piece of equipment consistent with the University's other core facilities, all of whom charged user fees. Dr. Jaeschke testified that the user fees were necessary to sustain the COBRE program because if the COBRE grant indefinitely bore all costs of the mass spectrometer and other core equipment, the equipment would not be sustainable after the COBRE grant funds ended. The Pharm/Tox Department continued charging for use of the mass spectrometer after Dr. Klaassen and his students had left the University.

Dr. Stites was not involved in the decision to institute the charge for using the mass spectrometer. Dr. Stites never told the students that they would incur charges associated with using mass spectrometer when Dr. Klaassen and his lab moved