Rachel Kahn-Fogel did not break any laws or violate university policies as a result of her romantic relationship with a University of Vermont vice president, according to an internal review.
The UVM Board of Trustees released the review on Wednesday. It exonerates Kahn-Fogel, the wife of Dan Fogel, the former president of UVM, from any wrongdoing as a result of alleged improprieties associated with her romantic attachment to a university employee. Kahn-Fogel did not violate state and federal anti-discrimination laws, according to the review, and “there was no evidence of a hostile work environment.”
The study found that Kahn-Fogel’s conduct was “inappropriate and imprudent.”
Download a copy of the review. UVM Board of Trustees Report on Reviews August 10, 2011-1
One of the authors of the report, the Burlington law firm Dinse Knapp McAndrew, which conducted 17 interviews with former and present staff members, came to the conclusion that Kahn-Fogel and the president gave preferential treatment to certain personnel, and they created a work environment that negatively impacted morale. This climate, the report said, was allowed to continue unabated.
Rob Cioffi, president of the board of trustees, said the review was thorough and will result in changes to university policies and procedures regarding spousal involvement, paid or voluntary, in university activities.
“It’s important we demonstrate our commitment to ethical and professional behavior and demand better oversight … by issuing this report,” Cioffi said. “It was important for the board to find out what happened … and most importantly to make the changes necessary going forward.”
Cioffi said Fogel’s shortcomings have been highlighted at the expense of his legacy, which includes a recent capital campaign that raised $250 million — $28 million more than anticipated, the tripling of student applications, the doubling of the student body and an expansion of the faculty. “I don’t think we’ve talked enough about Dan’s accomplishments,” Cioffi said. “We are a far better institution today than nine years ago.”
The review is the last step in what has been a two-month odyssey for the university. When reports emerged about Kahn-Fogel’s infatuation with Michael Schultz, an associate vice president in the Office of Development and Alumni Relations, questions were raised about whether the relationship resulted in violations of employment policies and laws, excessive expenditures for travel and acceptance of a dissertation research project that smacked of nepotism. The relationship between Kahn-Fogel and Schultz, which was extensively covered in news accounts from the Burlington Free Press and the newsweekly Seven Days, did not result in a love affair.
On Wednesday, Schultz tendered his resignation. He will continue to receive his full salary of $155,000 a year, plus benefits, through next year. In addition, his severance package includes full tuition for his three children who are nearing college age, according to documents provided upon request by the university. The tuition remission will cover the cost of eight semesters at UVM for each of Schultz’s children.
The university’s study examined three areas of concern: the dissertation, travel expenditures and impacts on personnel.
The Office of the Provost investigated Schultz’s dissertation, which was paid for by the school, titled “Elucidating the Role of the University CEO’s Spouse in Development, Alumni Relations and Fundraising.” Officials found that “the methodology was sound, the research was original, and the dissertation was of high quality.” The interviewees, according to the report, were not aware of a personal relationship between Schultz and Kahn-Fogel.
Travel expenditures by Kahn-Fogel, Schultz and Fogel were within the university allowance threshold.
Kahn-Fogel was, however, criticized in the report for personnel actions that appeared to give preferential treatment to certain employees over others. The “ambiguity” of Kahn-Fogel’s role contributed to confusion about her role in the office of development and created “ongoing distractions from the pursuit of the fund-raising activities of the university.”
In May, the Burlington Free Press and Seven Days, the alternative weekly, both ran extensive stories about the relationship between Kahn-Fogel and Schultz, who worked together on fund-raising event planning and other development activities for the university. Fogel was not aware of his wife’s emotional attachment to Schultz until the newspapers cited email correspondence, which surfaced in a divorce proceeding filed by Schultz’s wife.
The news reports unleashed a wave of events, including the dismissal of Kahn-Fogel from her role as a fund-raising volunteer, the launch of the internal review and Fogel’s decision to step down on July 31. The former university president will continue to receive his salary and benefits over the next 17 months during a sabbatical. He plans to return to the university as a professor of English. Fogel will make $410,000 a year for 17 months while he’s on sabbatical. When he returns to join the English department, he will receive an annual salary of $195,000, or $80,000 more than his fellow professors, according to the Burlington Free Press.
