College-Conservatory of Music

Office of the Dean

University of Cincinnati
PO Box 210003
Cincinnati, OH 45221-0003

November 5, 2018

Matthew Irvine
Professor Via E-mail
CCM
Re: Proposal of Discipline

Dear Mr. Irvine,

On September 4, 2018, you were notified of an investigation under Article 9 of the Collective
Bargaining Agreement (CBA) and your immediate suspension pending the outcome of the
investigation. This investigation was initiated upon receiving sufficient information that you are
not meeting the standards of professional behavior and performance required by the CBA
between the University and the AAUP. The question of professional performance pertains to
allegations of behaviors that are potentially in violation of Title IX. Subsequent to the
September 4, 2018 notices, you were notified on October 7, 2018 that the University was made
aware of certain contacts you made with staff and parents of potential students that subjected you
to an additional charge of insubordination that was to be added to this investigation.

On October 19, 2018, Matt Serra, Vice Provost for Academic Personnel, sent you the preliminary
findings from his investigation1. On October 31, 2018, we met, pursuant to Article 9.1.6.2 of the
CBA, with Mr. Serra, Lauren Creditt Mai (Title IX investigator), Brian Spiess (Assistant General
Counsel), Eric Palmer (your AAUP representative), and Neal Schuett (your legal counsel) so that
you could review and respond to the findings. You provided me with several documents at the
meeting and provided additional documentation on November 1 and November 2, 2018. With the
conclusion of the investigation and with you having been given the opportunity to respond to the
allegations, I now write to provide my final conclusions and to propose discipline under Article
9.1.7 of the CBA.

Summary of Your Responses to the Preliminary Findings:

Your response to Mr. Serra’s October 19, 2018 preliminary findings was not to deny the incidents
took place, but to deny Ms. Benedyk’s characterization of the events. When asked why Ms.
Benedyk would go through all the trouble to make up the litany of allegations against you in
support of the emergency protection order, your response was that she wanted “to get out of Ohio
and away from me.”

The additional documentation you provided after the meeting was in support of your position that
Ms. Benedyk wanted to leave Cincinnati.

As to the additional charge of insubordination, you responded that such interactions were limited
and consisted of you forwarding contacts from potential students to the attention of a colleague. I
found your explanation on this allegation to be credible.

1
The October 19, 2018 preliminary findings are incorporated herein by reference.

1
 College-Conservatory of Music
Office of the Dean
University of Cincinnati
PO Box 210003
Cincinnati, OH 45221-0003

Conclusion:

The evidence outlined in Mr. Serra’s preliminary findings, as well as the conclusions derived from
that evidence, provide clear and convincing evidence of a continued pattern and practice of
unprofessional behaviors that violate University policies regarding Title IX.

I find your denials, excuses, and deflections presented in response to the preliminary findings to
be unconvincing and unpersuasive. I find the version of events offered by Ms. Benedyk and Mr.
Joecken during this investigation to be more credible.
You have been given ample opportunity to address your threatening behavior, which included two
separate interactions with UCPD last year. Yet, you appear to be no closer to understanding the
impact of your behaviors. Your actions, language, and behavior in the most recent incidents were
extremely upsetting to those on the receiving end and made them feel as though you were
intimidating, threatening, and abusing them. This is unacceptable, unprofessional and cannot be
tolerated. Communications and interactions of this type and tone are not productive and
demonstrate an incivility not welcome in those employed by the University. The fact that your
behaviors led the administration of this institution to involve the UC Police Department on
multiple occasions and to take the unusual step of suspending you and placing you on
administrative leave in the current matter, all for similar types of behavior, is extremely troubling.
I cannot, and will not, allow you to continue to engage in these unprofessional behaviors which
have had such a negative impact on students, staff and fellow faculty.

I find that you are in violation of your professional responsibilities and conclude that your
actions are adequate cause for discipline under Article 9.1.7 in the form of dismissal for cause on
the following grounds2:

 serious professional misconduct including, but not limited to, serious violations of the
collective bargaining agreement (Article 9.3.1.a);
 personal conduct that represents a serious and ongoing threat to the health or safety of
any person in the University community (Article 9.3.1.f.i);
 consistent inability or refusal to fulfill responsibilities to the Academic Unit (Article
9.3.1.e);
 personal conduct: (i) that represents a serious and ongoing threat to the health or safety of
any person in the University community, or (ii) that manifests severe or continuing
harassment or discrimination, or (iii) that otherwise substantially impairs the Faculty
Member’s fulfillment of responsibilities to the Academic Unit or the University (Article
9.3.1.f); and
 persistent or malicious conduct that directly obstructs the performance of instructional or
scholarly programs of the University (Article 9.3.1.g).

2
As a courtesy, I have updated and consulted with the other Deans that you report to and they are in unanimous
agreement with my proposed course of action.

2
 College-Conservatory of Music
Office of the Dean
University of Cincinnati
PO Box 210003
Cincinnati, OH 45221-0003

Proposed Discipline:

This letter is in satisfaction of Article 9.1.6.3 of the CBA. Pursuant to Article 9, no bargaining
unit member may be disciplined without adequate cause. Based on the evidence outlined above,
my findings, and my conclusions, I have determined that your actions are adequate cause for
discipline in the form of dismissal for cause. In addition, pending the outcome of this matter, you
will remain suspended with pay per the terms of the September 4, 2018 notice of suspension.
Pursuant to Article 9.3.2 of the CBA, you may challenge this proposed discipline. To access the
formal grievance procedure, you must first complete or waive mediation. You must request or
waive mediation within seven (7) calendar days of receiving this notice of proposed discipline.
Such notice may be provided electronically to Mr. Serra. Your AAUP representative can assist
you if you choose to challenge this proposed discipline.

Sincerely,

Stanley Romanstein
Dean, CCM

cc: Dr. Kristi Nelson, Executive Vice President for Academic Affairs and Provost
Matt Serra, Vice Provost for Academic Personnel
Ken Petren, Dean, A&S
Tim Jachna, Dean, DAAP
Xuemao Wang, Dean, UC Libraries
Eric Palmer, AAUP
Brian Spiess, Assistant General Counsel
Lauren Creditt Mai, Title IX Investigator
Neal Schuett, Esq.