Tulane's Letter of Recommendation

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“Economic theory predicts that Tulane University would not stand in the way of Dr. Bernofsky's search for employment.”

(Expert testimony of Tulane's economist, F. W. Bennett, February 28, 2000.)

Tulane Letterhead
Office of the General Counsel
[View PDF]
February 21, 1997

Ira Wolinsky, Ph.D.
Professor of Nutrition
University of Houston
Department of Human Development and Consumer Sciences
Houston, TX 77204-6861

Dear Dr. Wolinsky:

You recently sent letters to Dr. Jim Karam, the Chairman of the Department of Biochemistry, as well as Dr. Steele and Dr. Stjernholm in that department concerning Dr. Karl Bernofsky.

I have directed Dr. Karam that they should not respond to any request relative to Dr. Bernofsky because of pending litigation brought by Dr. Bernofsky against Dr. Karam personally and against the University.

I can confirm that Dr. Bernofsky was a research professor at Tulane whose position was eliminated because Dr. Bernofsky no longer had any research funds to support his position. His dismissal was not based upon any performance issues, but was strictly a financial decision due to lack of research funds.

Lack of a response from Dr. Karam, Dr. Steele or Dr. Stjernholm personally should not indicate any negative information relative to Dr. Bernofsky, but is necessitated because of the pending litigation.

Thank you.

Sincerely,
s/ John Beal
John R. Beal
Associate General Counsel

JRB/jb
c: Jim Karam, Ph.D.

What the Court Said about Beal's Letter

"[The] Court finds that Beal went out of his way to paint as positive a picture as possible for Bernofsky under the circumstances."
"The Court finds that [Beal's] statements were substantially true, and even if technically inaccurate, they were not retaliatory."

From: Bernofsky v. Tulane, Civil Action No. 98-1792 c/w 98-2102, Docket #81, Order and Reasons, at 27 and 17, respectively.

Apr. 18, 2000
Hon. Ginger Berrigan, Judge
Federal District Court,
Eastern District of Louisiana,
New Orleans, Lousiana

What Tulane Said about Beal's Letter

"Tulane University has economic incentive to do all that it legally and honestly can do to enable Dr. Bernofsky to find and take such a job."
"Economic theory predicts that Tulane University would not stand in the way of Dr. Bernofsky's search for employment."

Case Analysis, Feb. 28, 2000
F. W. Bennett
Consulting Economist,
F. W. Bennett & Associates,
New Orleans, Louisiana

What Others Said about Beal's Letter

"It is my opinion that this letter would be a death knell to any application for employment in an academic institution."
"I have served on search committees at five different universities and as Dean of the College of Business at one and have never seen a case where a university hires a candidate who receives a negative letter of recommendation."
". . . I would recommend rejecting any application that included a letter such as Mr. Beal's."

Case Analysis, Feb. 7, 2000
(Bold emphasis added.)
Thomas R. Dalton
Professor of Economics,
Dean, College of Business (1988-1996),
Southern University at New Orleans,
New Orleans, Louisiana

Q. Based on your experience of participating in hiring professors into the department, would a letter like this coming in for a new candidate that is seeking employment at the Tulane Department of Biochemistry, would a letter like this hurt that candidate's chances of being hired?
A. Obviously.

Q. Would you explain what it is in the letter that would hurt the candidate's chances of being hired?
A. "His dismissal was not based upon any performance issues, but was strictly financial and lack of research funds." I agree.

Q. Now, that would hurt a candidate's chances of being hired?
A. Yes, I believe so.

Q. What about the mention in here that there is pending litigation against the head of the department? Would that hurt someone's chances of being hired?
A. I think you have to be cautious when you say things like this.

Q. Would you go as far as to say the statement in here about pending litigation against the head of the department would not help that candidate get hired in another position?
A. It's like a red flag.

Q. What do you mean by that?
A. If it came to me from a candidate, I would immediately throw it out.

Deposition, Nov. 23, 1999
(Bold emphasis added.)
Rune L. Stjernholm
Professor and former Chairman,
Department of Biochemistry,
Tulane University School of Medicine,
New Orleans, Louisiana

Q. What was your reaction to receiving this letter from John Beal?
A. Well, I was very surprised and very glum about it, because the context of the letter didn't allow me to proceed on Dr. Bernofsky's behalf any further.

Q. Do you have a copy of the letter there with you?
A. Yes, I do.

Q. Would you point out the language in the letter that you believe specifically did not allow you to proceed with helping Dr. Bernofsky get a position at the University of Houston?
A. Yes, one moment. Yes, there are two things. Shall I read it? The second paragraph of the letter: "I have directed Dr. Karam that they should not respond to any requests relative to Dr. Bernofsky because of pending litigation brought by Dr. Bernofsky against Dr. Karam personally and against the University."

Q. What about that statement stopped your efforts to help Dr. Bernofsky get a job?
A. Well, frankly, it makes for a very -- it made my job of trying to be a conduit or to recruit Dr. Bernofsky for my department or to introduce him to anyone on campus who had openings extremely difficult, if not impossible.

Because it says here that Dr. Bernofsky had pending litigation against the chairman of the department. And as I told you before, that the process of selecting the candidate is coming up from a faculty committee, which then makes recommendations to the chairman of the department, who generally makes the final decision.

So how could a faculty committee recommend anyone who has litigation against a previous chair? In a sense, it is a kiss of death, for my efforts to help him find work.

Deposition, Dec. 8, 1999
(Bold emphasis added.)
Ira Wolinsky
Professor of Nutrition,
Department of Human Development and Consumer Sciences,
University of Houston,
Houston, Texas

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"It is my opinion that this letter would be a death knell to any application for employment in an academic institution." "I have served on search committees at five different universities and as Dean of the College of Business at one and have never seen a case where a university hires a candidate who receives a negative letter of recommendation." ". . . I would recommend rejecting any application that included a letter such as Mr. Beal's." Case Analysis, Feb. 7, 2000 (Bold emphasis added.)	Thomas R. Dalton Professor of Economics, Dean, College of Business (1988-1996), Southern University at New Orleans, New Orleans, Louisiana

Q. Based on your experience of participating in hiring professors into the department, would a letter like this coming in for a new candidate that is seeking employment at the Tulane Department of Biochemistry, would a letter like this hurt that candidate's chances of being hired? A. Obviously. Q. Would you explain what it is in the letter that would hurt the candidate's chances of being hired? A. "His dismissal was not based upon any performance issues, but was strictly financial and lack of research funds." I agree. Q. Now, that would hurt a candidate's chances of being hired? A. Yes, I believe so. Q. What about the mention in here that there is pending litigation against the head of the department? Would that hurt someone's chances of being hired? A. I think you have to be cautious when you say things like this. Q. Would you go as far as to say the statement in here about pending litigation against the head of the department would not help that candidate get hired in another position? A. It's like a red flag. Q. What do you mean by that? A. If it came to me from a candidate, I would immediately throw it out. Deposition, Nov. 23, 1999 (Bold emphasis added.)	Rune L. Stjernholm Professor and former Chairman, Department of Biochemistry, Tulane University School of Medicine, New Orleans, Louisiana

Q. What was your reaction to receiving this letter from John Beal? A. Well, I was very surprised and very glum about it, because the context of the letter didn't allow me to proceed on Dr. Bernofsky's behalf any further. Q. Do you have a copy of the letter there with you? A. Yes, I do. Q. Would you point out the language in the letter that you believe specifically did not allow you to proceed with helping Dr. Bernofsky get a position at the University of Houston? A. Yes, one moment. Yes, there are two things. Shall I read it? The second paragraph of the letter: "I have directed Dr. Karam that they should not respond to any requests relative to Dr. Bernofsky because of pending litigation brought by Dr. Bernofsky against Dr. Karam personally and against the University." Q. What about that statement stopped your efforts to help Dr. Bernofsky get a job? A. Well, frankly, it makes for a very -- it made my job of trying to be a conduit or to recruit Dr. Bernofsky for my department or to introduce him to anyone on campus who had openings extremely difficult, if not impossible. Because it says here that Dr. Bernofsky had pending litigation against the chairman of the department. And as I told you before, that the process of selecting the candidate is coming up from a faculty committee, which then makes recommendations to the chairman of the department, who generally makes the final decision. So how could a faculty committee recommend anyone who has litigation against a previous chair? In a sense, it is a kiss of death, for my efforts to help him find work. Deposition, Dec. 8, 1999 (Bold emphasis added.)	Ira Wolinsky Professor of Nutrition, Department of Human Development and Consumer Sciences, University of Houston, Houston, Texas


"Tulane University has economic incentive to do all that it legally and honestly can do to enable Dr. Bernofsky to find and take such a job." "Economic theory predicts that Tulane University would not stand in the way of Dr. Bernofsky's search for employment." Case Analysis, Feb. 28, 2000	F. W. Bennett Consulting Economist, F. W. Bennett & Associates, New Orleans, Louisiana