“(Fendley) testified that he knew that the federal investigation concerned visa fraud, which is a crime,” Shaver wrote in her decision.
Fendley’s attorney Ted Copetas said Tuesday that he “absolutely will be objecting to the magistrate’s decision.”
The decision must be reviewed by a judge who will decide whether to issue an order adopting the magistrate’s decision.
Former WSU president David Hopkins had testified in the case that federal agents had left him with the impression Fendley was about to be indicted for visa fraud. Neither Fendley, nor anyone else, have been charged criminally in the investigation that became public in May 2015.
RELATED: WSU president reveals federal probe details in deposition
Fendley’s attorney had argued that communication from the university to his client didn’t specifically state what he did wrong to merit dismissal, and Hopkins testified that if Fendley is never charged criminally he would consider firing Fendley a mistake.
Fendley’s lawsuit sought nine months of salary and benefits. His salary when he left the university was $169,146.
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But the magistrate decided that Hopkins had grounds to terminate him.
“Although the letters that defendant sent do not specifically state that the ongoing investigation pertained to visa fraud, both plaintiff and Hopkins knew that was the reason for the investigation,” Shaver’s order says.
Fendley and the university had settled a separate breach of contract lawsuit he brought against Wright State Applied Research Corporation with WSARC agreeing to pay him $13,209.
RELATED: Wright State settles fired administrator’s lawsuit for $13K
Fendley was one of four university administrators suspended in relation to the federal probe in May 2015. Former provost Sundaram Narayanan is still on the university payroll, though records obtained by the I-Team show that WSU officials initiated the process of terminating him this month.
RELATED: WSU firing long-suspended provost; researcher resigns
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