Bell, Kenneth

Frem: Chang, Helen

Sent: Wednesday, November 12, 2003 6:10 PM
To: Garela, Sandra

Ceo: Bell, Kenneth; Wright, Zilphia; Xavier, Moira
Subject: RE: Couple of Queations

Sandra,

Second question first, In less Ken tells you otherwise, we have not received a response to our letter
about the Project Director. As it was sent to the Provost at Temple, { don't know If It got to Kent.

The Quasgp -

We (Mole, Zilphia, Ken and myself) had two main concerns. One was the panel, and your revision
addressed the fact that we could form the products panel in several ways. Our other concern was
3.5 as the standard for. payment. We would rather it be 4 but the practical side is that we also need
the to be agreed to. Could | ask you to call and talk to Ken about the math.

Thanks, Helen

(Team | will send you what Sandra Is talking about in a minute)

Original Message-—

Fromt Garcia, Sandra

Sent: Wednesday, November 12, 2003 4:20 PM
Tor Chang, Helen

Subject: Couple of Questions -

HI Helen-
Any comments on the draft QASP changes?

Old you ever gt anything from Temple an Kent? I'm going to see him tomorrow afternoon and wanted to know where
We stand on this, : :

Thanks. Sandra”

1 : TEMPLE 0634



EXHIBIT D



EXHIBIT F



SECTION #
SPECIAL CONTRACT REQUIREMENTS
permitted by law or this contract.
(D) The Contractor further agrees to insert in any suBcontract or
consultant agreement hereunder, provisions which shall conforn
substantially to the language of this Clause, including this

paragraph (0).

H.10 307-19 REDACTED PROPOSALS (DECmO@ER 1998)

The contractor shall provide a redacted copy of its successful technical
Proposal to the Contracting Officer within five (3) days after contract, award,
The redacted proposal shall be suitable for release by che Government under a
Freedom of Information Act (FOIA) request. The redacted proposal shal) be
submitted in an @lactronic format that is readable by Microsoft Office

applications.

H.11 307-2 KEY PERSONNEL DESIGNATION (iaRcH 1985)
In accordance with the contract clause enritind “Key Personnel’, the following
key personnel are considered to be essential €3 the work being performed:

Joann Manning
Project Director

Tel: (225) 204-3007

E-mail: jmaoning@ninbus.ccis.teaple.edu

Associate Director, TBA

Rei] 207-24 COMSULTANT SERVICES AND CONSENT (APRIL 1906) _

The Contractor shail obtain the consent of the Contracting Officer prior to
using any consultant of this contract. The Contractor shall determina whether
any consultant chat is used has in effect an agreement with another réederal
agency for similar or like services and, if 6, shall notify che Contracting
Officer. Additional instructions for the following clause: 1. The Contractor

may not submit # @ore often than once a month.
required in clause 3452.237-73,

B.23° 307-3 DUAL COMPENSATION (MARCH 1985) ae
TZ a project staf? member, subcontractor, or consultant is involved in two or
more projects, at least one of which is supported by Fiéderal funds, he/she may
not be compensated for gure than 100 Percent of his/her time during any part of
the period of dual davolvement. That is, an individual is prohibited fron
receiving double payment for any given period of work.

E.14 307-31 YEAR 2000 CoMPLiance (NOVEXRER 1997)

(a) Each hardware, software, and firmware product delivered or developed under
this contract wust be able to accurately process date/time data (including, but
not limited to, calculating, comparing, and sequencing) from, into, end between
the twentieth and twenty-first centuries, and the years 1999 and 2000 and leap
year calculations to the extent that other information technology, used in
coubination with the inzormation technology being acquired, properly exchanges
date/time data with it. (b) If the contract requires that specific hardware,
software, and firmvare products’ must perform a# a aysten, then the requirements
of paragraph (a) of this claise shall apply to those products as a system. (c)
With respect to Government-furnished Property, the requirements of paragraph (a)
of this clause shall apply only to its proper installation, unless the
Contractor performs some modification or other work on the property, in which
case the requirements of paragraph (a) of this eLause shall extend to the
modification or other work. The requiresents of paragraph (a) of this
clause do tot apply to products specified by the Government on « “brand name and
modal* basis, wless the produce. was designed or produced by the contractor or
one of its affiliates.

wnat emninnay



SS en

From: Chang, Helen

Sent: Friday, November 21, 2003 10:09 PM
Tor Bell, Keaneth

Subject: RE: Temple

Kan, -

Freaks, You get it right. My/our aarncemn is that Kent has @ job es Bean of the Collage of Education. We need Temple to
tell. us how Kent can give the contract 80% of his time to run the lab. If you can't get back to Ira on Monday before they
send the letter, we can put {t Into questions on the Annual Plan. | will, or you can, look In isadors's cubical to see If the,
plan might be there.

Helen
srooGGtiginal Maaeageeor
Fromi Geil, Kaaneth
Gent Feday, Nevamber 21, 2003 2:00 PM
igian

Fai el
Subject = RR
Holen

t {ust spoke with ira Schwartz, the Provost at Femple about the Project Blrector situation. What! tried te expiain te
him was that whan.a change In key personnel Is desired, that they neod to request the change and have it approved by
the Dept. of Education and can not just inform us of the change. He seem to take It as though we ( the Dept) wanted
JoAnn Manning as the Project Director. | explained that this Is not the case, but we do need to approve the person
who will be taking her place. He said that he would send a letter requesting Kent McGulre as the new project director.
Also, If ! remember correctly, | belleve the malin concern of yours was If Kent had the time to dedicate to the Lab, I did
not discuss this with Ira Schwartz,

mole

also tired to call Kent MoGuire, but he is out of town until Tuesday of next week.

> vxe-Original Message----
Fromi ~ Chang, Helen oof
iors. Sents — Feday, Nevember.21, 2009.9107 AM

vi Yon Ball, Kenneth “
Subjacts Temple oe

-_ &
While | am thinking about Labs, sometime soon will you call Temple and tell them we have not had @ resolution on
thelr new Project Diractor. Helen

deen S 4g

TEMPLE 0635



alk TEMPLE UNIVERSITY OMice of the Pravaat ‘Conwell bul 04 tars
A Conmoneeallh Univerdty Phikulelphis r

January 24, 2003

Joseph Dominic
Chair, LSS Governing Board of Directors
The Heinz Endowments

1a know, we are in the midst of recruiting a new Dean of the College of Education.
new Dean will have considerable support and resources at his or her disposal in
addressing the needs of the College. One of the first orders of business for that new Dean
will be the recruitment of a Director for CRHDE. It has been my expectation that the
relationship between the CRHDE and the LSS would be strengthened as would the
relationships between these entities and the College. For that reason, I was willing to join -
with you and the LSS Board to commission a study panel to explore how the LSS
CRHDE, and the University could work together more effectively inthe future,

Since [became Provost, you and ! have discussed a number of incidents which have
raised questions about whether the relationship between the E and the LSS can be
improved and strengthened. Now, a new issue has arisen, There was a serious violation
of University policy when the Executive Director of the LSS submitted a grant proposal
to the New Jersey Department of Education without seeking approval from the Dean of
the College of Education or other University authorities. I would not permit other senior
administrators to make unauthorized commitments on behalf of Temple University and I
Cannot allow the Executive Director of the LSS to do so either. This creates an awkward
situation since Temple University bears all financial liability and legal responsibility for
the actions of the LSS’s Executive Director and its staff. However, the LSS Board
retains the ability to eppoint and evaluate the Executive Director.

The acti ive Di have placed me and the University in an
unacceptable position. Frankly, these actions cause me to have grave doubts about the
possibiliti 2 we both envision, {tis troubling that these incidents
continus to occur, ty Just as the study panel begins its work and before they

have issued their findings. Our General Counsel's Office is currently reviewing the
feasibility of the study panel’s first recommendation.

TEMPLE 0736



CE

From: Garole, Sandra
Sont: Wadneeday, December 17, 2003 12:54 PM

To; Gall, Kenneth; Chang, Helon
Subjagt £88

| Just got the original totter from L@S on the Executive Direstos lasue. The letter was sontusing and | assumad he wan
saying that John and Marilyn would serve as co-managing directors in place of one executive director,. But in rereading his
cover note he said “I will direct the lab until such time ss our search is successfully completed.”

1 do not think that will werk out. We ean't tell them whom to assign but it looks like John and Marilyn can handle the jobs
until sn executive director Is hired. Where do we ge from hare?

Sandra Garcia
HRB eri coy

t TEMPLE 0661



EXHIBIT E



zoo

Contact Information

Dean C. Kent McGuire wee eee

College of Education

Ritter Hall

1301 Cecil B. Moore Avenue
Philadelphia, PA 19122-6091

Ph: (215) 204-8017, Fax; (215) 204-5622
okent.meguire@temple,edu

TEMPLE 0615

Xd vz°¥T Co0z/¥0760


EXHIBIT I


TEMPLE UNIVERSITY Office of the Provost
ey A Commonweaith University Pulp Pestana 9

Phikutel
218-201-4775
. Fax 215-202-5816

August 14, 2003

BY FACSIMILE AND
FIRST CLASS MAIL

Joseph Dominic

Chair, LSS Governing Board of Directors
The Heinz Endowments

30 CNG Tower

625 Liberty Avenue

Pittsburgh, PA 18222

Laboratory for Student Success at Temple University

‘As we discussed earlier today, Temple University has become

‘easingly disitlusioned with the work of the Laboratory for Student Success
(LSS) and its Executive Director, Dr. Jo Ann Manning. We find ourselves at the
end of our rope with regard to Or. Manning's performance as a Temple
employee. .

Saveral times in the past, we have discussed Dr. Manning's record of
serious performance problems as well as the poor performance of the Laboratory
for Student Success. With serious concems for the well-being of the LSS, on
January 24, 2003, | asked you to replace Or. Manning. You responded on
February 21 that you wanted to renegotiate our governance relationship.

Following that exchange, we met with Dr. Manning on March 21 to confirm
what we thought was a mutual understanding of our expectations of her as a
Temple eniployes, including the limits of her authority. We memorialized the
substance of the meeting on April 2 in a letter on which you were copied. In that
letter, we specifically discussed the limits on Or. Manning's authority to bind the
University. Nonetheless, wa recently discovered ~ totally by accident — that she
had filed papers with the Department of State to incorporate the LSS as an entity

TEMPLE 0682



Section Page | of |

/

{Code of Federal Regulations]

[Title 48, Volume 7)

[Revised as of October 1, 2001]

From the U.S. Government Printing Office via GPO Access
(CITE: 48CFR3452. 243-70] “

[Page 87]

TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

CHAPTER 34~-DEPARTMENT OF EDUCATION ACQUISITION REGULATION

PART 3452--SOLICITATION PROVISIONS AND CONTRACT CLAUSES--Table of Contents
Subpart 3452.2--Texts of Provisions and Clauses
Sec. 3452.243-70 Key personnel.

As prescribed in 3443.106(b), insert the following clause in all
solicitations and resultant cost~-reimbursement contracts:

‘ Key Personnel (Aug 1987) .
The personnel designated as key personnel in this contract are
considered to be essential to the work being performed hereunder. Prior

to diverting any of the specified individuals to other programs, or
otherwise substituting any other personnel for specified personnel, the
contractor shall notify the contracting officer reasonably in advance
and shall submit justification (including proposed substitutions) in
sufficient detail to permit evaluation of the impact on the contract
effort. No diversion or substitution shall be made by the contractor
without the written consent of the contracting officer; provided, that
the contracting officer may ratify a diversion or substitution in
writing and that ratification shall constitute the consent of the
contracting officer required by this clause. The contract shall be
modified to reflect that addition or deletion personnel.

{End of clause)

http://a257.g.akamaitech.net/7/257/2422/04nov2003 1500/edocket.access.gpo.gov/cfr_2001... 8/26/2004



EXHIBIT B



Chang, Helen

—_ —e
From: Bell, Kenneth
Sent: Friday, November 21, 2003 2:00 PM
To: Chang, Helen
Subject: RE: Temple
Helen

| Just spoke with Ira Schwartz, the Provost at Temple about the Project Director situation. What I tried to explain to him
was that when a change in key personnal is desired, that they need to request the change and have It approved by the
Dept. of Education and can net just Inform us of the change. He seem to take it as though we ( the Dept) wanted JoAnn
Manning as the Project Director. | explained that this Is not the case, but we do need to approve the person who will be
taking her place. He said that he would send a letter requesting Kent McGulre as the new project director. Also, if |
remember correctly, | belleve the main concern of yours was If Kent had the time to dedicate to the Lab. I did not discuss

this with Ira Schwartz.
J also tired to call Kent McGuire, but he Is out of town until Tuesday of next week.

Original Message —

From: Chang, Helen
Sent: Friday, November 21, 2003 9:07 AM
Tor Bell, Kenneth

Subject: Temple

While ! am thinking about Labs, sometime soon will you call Temple and tell them we have not had a resolution on
their new Project Director. Helen

' TEMPLE 0633



nt TEMPLE UNIVERSITY Office of the Provost Conwell Hall 043-03

— : Pennsylvania 101

’ A Commonwealth University Philadelphia, 122
/ , Fear 216-204-6816

August 25, 2003- --- -~

Sandra Garcia

Educetional Research Analyst

Institute of Education Sciences

United States Department of Education
Capitol Place

555 New Jersey Avenue, NW

Room 627H

Washington, DC 20208

VIA FAX AND USMAIL
RE: Contract ED-01-C0-0007

Dear Ms. Garcia:

Tam writing to inform you of a change in leadership for the Mid-Atlantic
Regional Education Laboratory at Temple University, the Laboratory for Student Success
LSS"),

Effective immediately, Dr-C. Kent McGuire has replaced Dr. JoAnn Manning as
Executive Director of LSS. Dr. McGuire ia also serving as the Principal Investigator for
the referenced contract. Dr, McGuire is the Dean of the College of Education at Temple
University. I have attached a copy of his curriculum: vita and current contact information.

Please feel free to contact me or Dr. McGuire with any questions.
Sincerely,

beat

Provost

cc: C. Kent McGuire, Dean, College of Education _

Sue Betka, Deputy Assistant Secretary, Institute of Education Sciences
Enclosures: Contact Information for C. Kent McGuire

Curriculum Vita for C. Kent McGuire

TEMPLE 0614

TeoQ XVd ¥Z:¥T €00Z790760—



iiVicki McGarvey - LSS Conference Call : ; Pac

From: Vicki McGarvey
To: Schwantz, Ira

Date: 10/30/2002 11:33PM
Subject: LSS Conference Call

Ira-

| am attaching a document prepared by Jim Portwood after we spent a day combing through contracts,
regulations, etc. ttis a rough drafi of the “talking points” that we would prepare should Joe Dominic agree
to have the Board meet to consider changing the bylaws. If he does agree, | expand on this by obtaining
the bylaws from the labs at Brown and UNC to help in making this case to them.

As Dick described in his email, this is a chicken and egg problem. The original pian for the study panel
was to address the governance structures as well as the administrative ones. However, after reading the
regulations and the Board bylaws it is emphatically and unambiguously clear that the Board holds all the
authority and Temple has all the responsibitity and liability, The key information synthesized from the
Board bylaws is:

Once established, the LSS is overseen by @ "Regional Governing Board” that, among other things has
"sole responsibility for appointing the Executive Director for the Laboratory”, “evaluating the performance
of the LSS Executive Director, Executive Directorate, and key staff on an annual basis" and approving
new Board members as vacancies arise through resignations or mandated term expirations (Board
By-Laws).

Jim's basic point is that no recommendation made by the study panel would be valid without the changes
to the bylaws. So, why waste everyone's time before establishing 3 change to the bylaws?

Of course, as Dick suggests, a change to the bylaws could be one of the study panel's recommendations.
But all other work done by the study panel would have to be based on the assumption that the bylaws
would be amended.

Uhope this is helpful. .
VLM
cc: Englert, Richard

TEMPLE 0004



IN THE UNITED STATES DISTRI URT
FOR THE EASTERN DISTRICT OF P! YLVANIA

JOANN MANNING
Plaintiff : CIVILACTI
Vv.
NO:  2:05-CV-4724
TEMPLE UNIVERSITY F E
and D

IRA M. SCHWARTZ’

Mic AEL El KUNZ, Clerk

Defendants Dep. Clerk

PLAINTIFF’S APPENDIX OF EXHIBITS IN OPPOSITION TO
DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Respectfully Submitted,

BY:  /s/ Andrew M. Calvelli
ANDREW M. CALVELLI, ESQUIRE
175 Strafford Avenue
Suite One, PMB 401
Wayne, PA 19087
(610) 983-3204
Attomey for Plaintiff, JoAnn Manning

DATED: May 10, 2006


aA

{~ . {
Unrrep STATES DEPARTMENT OF EDUCATION
Page -2-

Page 2 -- Letter to Mr. Ira Schwartz

The Department considers and will treat the August 25, 2003 letter as notification of the.
proposed change to key personne! under the contract: The Department is concemed; hor ——
about Dr. McGuire’s ability to serve as the Executive Director for this contract while-carrying - -
out his responsibilities as the Dean of the College of Education. In a memorandum dated
October 6, 2003, Dr. McGuire wrote the Department and attached a revised organizational chart.

In the memo, he wrote, “I am serving as director in this interim period. Day-to-day operations
are the joint responsibility of John Kovach and Marilyn Murphy.”

In the Department’s Request for Proposal (RFP) for this contract, the document stated
that “Key staff must commit at least 50 percent of their time to this contract.” See Section L,
Task 6 (Proposed Staffing and Qualifications). While the Department does not have any
concerns about Dr. McGuire’s academic qualifications to serve as Executive Director, we are
concemed about his ability to devote the required amount of time to the LSS, about whether Dr.
McGuire will be serving permanently as Executive Director, and whether the apparent
uncertainty over the management of the LSS will impact Temple's performance under the
current contract. In short, we ask that the University clarify its plans regarding the management
of the LSS.

In particular, we would like to know whether Dr. McGuire plans to serve permanently
as Executive Director. If not, we would like to know what the University’s plans are for filling
the position of Executive Director. In sum, we would like Temple to provide the Department
with an assurance that Dr. McGuire -- or another individual who is appointed permanently as
Executive Director of the LSS -- will be spend at least 50% of his or her time overseeing the LSS.
contract as envisioned by the RFP. If the University cannot make such an assurance regarding
Dr. McGuire or another individual to be named, the Department would like to, be notified
immediately.

Finally, we note that we recently saw an advertisement that the University placed in the
September 3rd edition of Education Week, it sought a Deputy Director to “direct and oversee all
LSS day-to-day operations.” Is the University still seeking to fill this position, and if so, will this
person replace the current Deputy Directors who have current day-to-day oversight of the LSS?

Thank you for your prompt response to this letter. Please feel free to contact me at (202)-
708-9740 if you have any questions or would like to discuss this further.

Sincerely,

Vd

Helen M. Chang
Contracting Officer

TEMPLE 0622

3616 ROB-3, 7" & D Streets, SW, Washington, DC 20202
- Our Mission is to ensure equal access to education and to promote educational excellence throughout the Nations



UNITED STATES DEPARTMENT OF EDUCATION
Office of the Chief Financial Officer
Contracts and Purchasing Operations

ms Oetober 10; 2003

Mr. Ira M. Schwartz
Provost

Temple University
Philadelphia, Pennsylvania
19122

“Re: Contract ED-01-C0-0007

Dear Dr. Schwartz:

_ This letter is in response to your letter of August 25, 2003 regarding the above-referenced
contract. In the letter, you informed the U.S. Department of Education (“the Department”) of the
departure of Dr. JoAnn Manning as the Executive Director of the Laboratory for Student Success
(“LSS”). Your letter stated that Temple University (“Temple or “the University”) replaced Dr.
Manning with Dr. C. Kent McGuire, the current Dean of the College of Education at Temple
University. You added that Dr. McGuire would also serve as the Principal Investigator for the
contract.

Under the contract between the University and the Department, we believe that Temple’s
termination of Dr. Manning as Executive Director and subsequent replacement by Dr: McGuire--~~
as outlined in your letter is premature. The contract provides that the University must notify the
Department reasonably in advance of any substitution of “key personnel,” and the Department’s
contracting officer must approve, in writing, the substitution of Dr. McGuire before he can

assume the responsibilities of Executive Director. (emphasis added). -

Specifically, the contract between the Department and Temple University contains a key
personnel clause. See Special Contract Requirements, Section H. 11. The contract lists Dr.
Manning (as well as the Associate Director) as “Key Personnel.” The regulation implementing
this provision states:

The personnel designated as key personnel in this contract are considered to be essential to the
work being performed hereunder. Prior to ...substituting any other personnel for specified
personnel, the contractor shall notify the contracting officer reasonably in advance and
shall submit justification (including proposed substitutions) in sufficient detail to permit
evaluation of the impact on the contract effort, No diversion or substitution shall be made
by the contractor without the written consent of the contracting officer... (emphasis added)

48 CFR 3452.247-70.

TEMPLE 0621

3069 ROB-3, 7* & D Streets, SW, Washington, DC 20202
_ Our Mission is to ensure equal atcess to education and to promote educational excellence throughout the Nation.



Joseph Dominic ~

August 14, 2003
Page3 ~-

Please notify me at your earliest convenience how the Governing Board
intends to proceed.

Sincereyy,
Ira M. Schwartz
Provost
cc: Joann Manning, Executive Director, LSS
ent McGuire, Dean, College of Education
jusan 8, Smith, Esq.
TEMPLE 0684



Joseph Dominic _
August 14, 2003
Page2

‘independent from Temple. Or. Manning listed herself as the LSS" office Provider
and used a Temple address for the corporation. This is a major breach of the
terms our April fetter and far exceeds the authority of any Temple employee.

While assessing the implications of this act and how to respond as Dr.
Manning's employer, other matters surfaced. Most recently, the Bridgeville
Community Action Agency wrote to the University President alleging, effectively,
that Dr. Manning fired a Temple employee for suggesting to Dr. Manning that she
formally apologize te participants in a teadership conference held at Temple this
summer for the apparently poor conditions of the accommodations. We are
looking into this allegation as well. A copy of the letter is attached.

In addition, we recently have leamed from the U.S. Department of
Education that they have serious concems about the performance of the LSS. It
Is questionable whether the LSS is even a candidate for contract renewal due to
the Department of Education's poor estimation of its performance.

As a result of the foregoing, Temple has suspended Dr. Manning from her
employment with Temple with pay pending further consideration of the present
issues and the outcome of the Board's determination of how it will proceed.
Tempte will make a final decision on whether it will discharge Dr. Manning
as a Temple employee no later than September 5. In the event that the
Governing Board opts to retain Dr. Manning as the LSS’ Executive Director, then
the Board will need to address with Temple a transition plan for the
approximately 85 employees who work in the LSS. {tis essential, in our view,
that the LSS Governing Board treat these employees fairly.

Temple requests, however, that the Board immediately discharge Or.
Manning from her duties as Executive Director of the LSS and consult with the
University about a suitable replacement. In the interim, Temple proposes that
the Board appoint the new Dean of the College of Education, Or. Kent McGuire,
as interim Director of the LSS. For your information, Or. McGuire has replaced
the former Dean, Dr. Trevor Sewell, as interim Director of the Center for
Research in Human Davelopment in Education.

Given Dr. McGuire's vision for the College and our dedication and
commitment to the LSS thus far, wa would very much like to see our relationship
continue and the LSS prosper. To that end, if the Governing Board removes Dr.
Manning as Executive Director of the LSS, we would like to renegotiate our
contractual relationship with the LSS’ Goveming Board, as you proposed in your
February letter, to create an authentic partnership role for the University.

TEMPLE 0683



EXHIBIT C



Bali, Kenneth

From: Garela, Sandra
Sent: Monday, December 15, 2003 6:11 PM
Tar Boll, Kenneth: Chang, Helen
Subject: FW, Kevach and Murphy bios and resumes
vita & blo MM Short Murphy resume = Card for Marilyn
Blography.doc Fav..dac Murphy

Because the Temple letter was not clear I
made the assumption that Temple wants to usa John Kovach and Marilyn Murphy as co-Deputy
Directors until they hire a new full time executive director. I asked John (who asked

Marilyn) te send me their bios. See attached.

I recommend approval, Net sure how te precaed go will wait to hear baok from you,

Gandra Garcia
202421991597

a~7oe~Original Message
From: Marilyn Murphy (mailto:murphyma@astxo.temple.adu]
Sent: Thursday, December 11, 2003 10:14 AM

To: Sandra Garcia

Subject: Kovach and Murphy bios and resumes

Hi Sandra: Par your request te John.

1 TEMPLE 0652



Joe Dominic, January 24, 2003, Page 2

also do not think it is appropriate to prolong the situation any

longer and to burden a new Dean wit escalating and seemingly unending problem.

Therefore, unless the LSS Board i changes the leadership of the LSS, the only

” reasonable coiitse of action is for Temple University to Pursue terminating its relationship
with the LSS. Tam sorry that this has not wor out as we had hoped.

Sincerely,
Tra M. Schwartz
Provost

Ce: Dr. Joe Ducette, Acting Dean, College of Education
Dr. Richard Englert, Vice President of. ‘Administration
Dr. Trevor Sewell, Acting Director, CRHDE
Dr. Ken Soprano, Vice President for Research and Graduate Studies

TEMPLE 0737



EXHIBIT A



. Vicki McGarvey - LSS Review Report_1.doc Page

LABORATORY FOR STUDENT SUCCESS
REVIEW OF ADMINISTRATIVE DOCUMENTATION

A preliminary review of documentation establishing the Laboratory for Student Success
(LLS) at Temple University reveals the following about the Lab’s organization,
governance and administration, as well as who is contractually accountable for it’s
performance and prudent operation:

* Once established, the LSS is overseen by a “Regional Governing Board” that, among
other things has “sole responsibility (my emphasis) for appointing the Executive
Director for the Laboratory”, “evaluating the performance of the LSS Executive
Director, Executive Directorate, and key staff on an annual basis” and approving
new Board members as vacancies arise through resignations or mandated term
expirations (Board By-Laws).

It would seem from this, that under current Board By-Laws Temple is not in a
Position to directly influence either the composition of the Board, or the
appointment/continued employment of the LSS Executive Director. Potential
influence on the Governing Board is further limited by the rule barring “any staff
of the sponsoring institution” (In this case Temple) from serving as a voting
member of the Board (Statement of Work, Subtask 5.1b Governance).

* The LSS Executive Director has “overali administrative and substantive responsibility
for the work of the Laboratory including the power to hire staff and make
financial decisions pertaining to the Lab”, and reports to the Governing Board
(Board By-Laws). ”

A narrow interpretation of this statement would suggest that Temple may not have
the authority under Board By-Laws to unilaterally determine an alternative
“reporting relationship” for the Lab or its Executive Director, Also, since JoAnne
Manning is designated as a “Key Personnel” in the Award Contract (Section H11
307-2), it is likely that any change in her status would have to be cleared with the
appropriate DOE Contract Officer (See Contract Clause 16 3452.243-70 Key
Personnel).

* The Governing Board has the authority to “Establish appropriate by-laws and
procedures, including committee structures (my emphasis), to carry out its
designated responsibilities”, and to “Establish standards (my emphasis) for the
Laboratory's effective governance and administration, including staff selection.”
(Statement of Work, Subtask 5.12, Establish and Convene a Regional Governing
Board). The Board also has the pawer to amend its by-laws through “an
affirmative vote of two-thirds of the Directors in office.” (Board By-Laws)

Through the mechanism of a by-taw revision, Temple University could be
designated (with Board oversight) to exercise day-to-day administrative control

TEMPLE 0001



| Vicki McGarvey - LSS Review Report_1.doc

Page

——

actions, Temple would be exposed without recourse to substantial and
unacceptable financial risk, Further, as Ms, Manning and Dr. Sewell are Temple

employees under the provisions af the DOE contract, the University could also be
held financially liable for actions of both these individuals above and beyond any

penalties or payment limitations that might be imposed by DOE for LSS contract
violations.

Legal and contractual considerations include,

+ Temple University’s signed agreement to abide by all applicable anti-
discrimination laws and other regulations covering employment by US
government contractors.

* All full-time employees of the LSS are regular employees of Temple
University, with all rights and protections afforded by Temple personnel
policies, as well as applicable labor iaws (e.g. eligibility for unemployment
compensation) . Those LSS employees in various union bargaining units
would have recourse in the event of layoff, termination, or pending
disciplinary action to protections and due process procedures afforded under
the applicable union agreements. If a decision was made to move the LSS
“off-campus”, full-time employees would have the option of seeking

continuing employment with Temple under the procedures set up in Temple's
personnel policies, accepting an appropriate severance package, or continuing

employment with the LSS.

The above points amply dertionstrate Temple's stake in the employment practices and
decisions of the LSS and its director, even if current Governing Board by-laws make no
mention of, or provision for, Temple’s contractual obligations. A standard of reasonable
balance between authority and responsibility/accountability would suggest that Temple
needs additional empowerment in matters of Laboratory administration to adequately
protect its interests and justify its continuing support of the LSS

TEMPLE

0003



CERTIFICATE OF SERVICE

I, Andrew M. Calvelli, attorney for the Plaintiff in the above matter, hereby certify that a
true and correct copy of the foregoing Appendix of Exhibits in Opposition to Defendants’
Summary Judgment Motion was served, via U.S. Mail, postage prepaid, on the 11" day of May,
2006, upon the following:

David S. Fryman, Esquire
Katherine A. Crawford, Esquire
Ballard Spahr Andrews & Ingersoll

1735 Market Street, 51 Floor
Philadelphia, PA 19103

Kk
MICHAEL E. KUNZ Cre

By.
DATE: May 11, 2006 BY: /s/ Andrew M. Calvelli

Andrew M. Calvelli


EXHIBIT G



EXHIBIT DESCRIPTION

A Portion of the Temple-Department of Education Contract

B CFR 3452.243-70

Cc August 25, 2003 letter from Ira Schwartz to Department of Education
October 10, 2003 letter from Department of Education to Ira Schwartz

D Vicki McGarvey LSS Review Report

E Various Department of Education emails November — December 2003

F October 30, 2002 email from Vicki McGarvey to Ira Schwartz

January 24, 2003 letter from Ira Schwartz to Joseph Dominic

xz Oo

August 14, 2003 letter from Ira Schwartz to Joseph Dominic

September 10, 2003 letter from Ira Schwartz to Joseph Dominic


EXHIBIT H



(~ Co
UNITED STATES DEPARTMENT OF EDUCATION
Page - 3 -

Page 3 — Letter to Mr. Ira Schwartz

Ce: Sandra Garcia _— vce ten
Program Officer

Susan Smith
Associate University Counsel
_ Temple University

Dr. C. Kent McGuire
Dean, College of Education

TEMPLE 0623

3616 ROB-3, 7* & D Streets, SW, Washington, DC 20202
Our Mission is to ensure equal access to education and to promote educational excellence throughout the Nations



{ Vicki McGarvey - LSS Review Report_1.doe Page:

over organizational, financial and human resource issues in the Lab, including
selection and review of the Executive Director. Temple personnel policies could
also be accepted as standards applicable for management of all Laboratory staff.
‘Under this scenario, the Board would retain general control of the LSS,
determining “the mission of the Laboratory”, “establishing short and long term
goals” necessary to satisfy the "terms and conditions of the award”, and ensuring
“that the Laboratory responds to the educational needs of high priority to its
region.” (Board By-Laws; Statement of Work, Subtask 5.1 Governance).

There is some logic to such a division of labor on practical and financial, as well as
legal/contractual grounds. Practical matters include:

¢ The Board has neither the time nor the infrastructure to monitor and exercise
direct control over daily LSS operations.

+ The LSS is located physically on the Temple campus in facilities provided by
the University.

* The LSS makes use of Temple financial and information systems to support
administrative functions in the Lab.

Temple administration is therefore the only entity in a position to provide regular
proactive oversight for LSS operations.

Temple's actuaVpotential financial liabilities as the sponsoring institution and “contractor
of record” include: .

+ Responsibility for any expenses incurred in pursuit of the Lab’s mission in
excess of amounts specified in the contract (Sec. H.6 306-19 Overhead
Ceiling Rates; Clause [34 52.216-7 Allowable Cost and Payment)

¢ The potential for losses from penalties, withheld payments, or contract
cancellation due to malfeasance or non-performance (Award Contract Clauses
1.14 3452.242-72 Withholding of Contract Payments; 1.22 52.203-8
Cancellation, Rescission, and Recovery of Funds for Iilegal or Improper
Activity; 1.23 52.203-10 Price or Fee Adjustment for legal or Improper
Activity)

¢ Provision of “in-kind” contributions including use of facilities and reduced
overhead rates, as well as “salaries for JoAnne Manning, Director/ Co-
Principal Investigator, and Dr. Trevor Sewell, Co-Principal Investigator
(Award Contract, B.3 Cost Sharing)

Without the ability to intervene directly in LSS administrative decision making
and cost management to prevent any illegai, improper, or financially questionable

TEMPLE 0002