Ex-WVU provost wants no hearing
MORGANTOWN, W.Va. (AP) — Former Provost Gerald Lang wants a court to stop West Virginia University’s March hearing on whether he committed academic misconduct, claiming some of those involved in the process have conflicts of interest.
Lang was involved in the university’s October 2007 decision to retroactively award a master’s degree to Heather Bresch, daughter of Democratic Gov. Joe Manchin and an executive at Pennsylvania-based Mylan Inc. A panel of investigators later concluded Bresch didn’t earn the degree.
The panel said Lang, former business school dean R. Stephen Sears and others added missing courses and grades to her transcript, showing “seriously flawed judgment” in their rush to protect Bresch and themselves from media scrutiny. Lang resigned his administrative post last summer but continues to earn more than $200,000 a year in another university position.
Named as defendants in his complaint are WVU’s Board of Governors, interim President Peter Magrath, two WVU attorneys and Marjorie A. McDiarmid, who heads the Office of Academic Integrity. McDiarmid was ordered last May to investigate whether additional discipline of academic officers is appropriate.
Lang claims some of those involved in the review have a conflict of interest, including McDiarmid, and WVU attorneys Mary Roberta Brandt and Beverly Kerr. He argues the general counsel’s office was involved in the 2007 decision.
Lang initially wanted his complaint kept secret, but Monongalia County Circuit Judge Susan Tucker unsealed it late Thursday after a challenge by The Dominion Post. Lang’s attorney, J. Michael Benninger, said he would not object.
Newspaper attorney Harry Rubenstein argued state rules allow documents to be sealed only when the nature, duration and reason for the limitation are explained. Tucker’s order said only that the documents would be sealed until further notice.
Benninger said he wasn’t trying to hide anything, only protect confidential personnel matters.
A hearing on the complaint is set for March 9, but neither Lang nor Benninger will attend because of previous commitments.
In his complaint, Lang says he resigned at the request of then-President Mike Garrison, who also later resigned under pressure.