Paid leaves for charged professors cost Univ. of Iowa

IOWA CITY, Iowa (AP) - One professor allegedly admitted lying about being stabbed while jogging in Chicago seven months ago - a false report that frightened residents and infuriated the police superintendent.

Another was recently convicted of assaulting a lab assistant more than two years ago and faces a retrial on a sexual abuse charge after the jury split on his guilt.

Yet both remain on paid leave under a University of Iowa practice that gives professors accused of crimes the benefit of the doubt and a salary for not working.

The school has paid $430,000 in salaries and more for health benefits in these two cases - a cost officials said is justified to fulfill their constitutional right to a fair hearing. Still, the news drew immediate criticism from one influential lawmaker who questioned why they were still getting paid.

"I don't know whether to cuss or cry," said incoming Iowa House Speaker Pro Tem Jeff Kaufmann, R-Wilton, a community college professor. "I think there's a certain arrogance where you would answer a question like the $400,000 spent and catalog it under process. I believe this is a reflection of the ivory towers forgetting who built them."

UI spokesman Tom Moore said the university routinely places employees on paid leave during investigations involving a security threat or a likely disruption of the school's mission. He said that provides time to investigate "while maintaining the orderly operations of the institution."

"UI faculty are imbued with substantial rights, both substantive and procedural, protected through the U.S. Constitution," Moore said in a written statement. He added: "When an allegation is made that a faculty member has acted wrongfully, the university may not assume that the allegations are true - or false."

All three of Iowa's public universities have detailed policies requiring them to do their own reviews to determine whether to seek disciplinary action against faculty and staff charged with crimes. Schools give the accused opportunities to defend themselves and present evidence before final decisions are made.

Moore said Iowa's process can take more than a year, and sometimes cannot begin until after the criminal case is over because witnesses won't cooperate.

To be sure, these cases are rare. Iowa State University has not had a professor face discipline for a criminal charge in several years, school attorney Paul Tanaka said, and whether they would be placed on paid leave depends on the circumstances of each case. Iowa has been less fortunate in recent months.

Take the case of Toshiki Itoh, an assistant pathology professor who was charged in 2008 with repeatedly kicking and hitting a female laboratory assistant and performing sex acts against her will.

After a pretrial delay caused by a dispute over evidence, jurors convicted him last month on two counts of assault causing bodily injury, a serious misdemeanor, after they were shown photographs of the victim's bruised body.

But they split 12-2 on a felony third-degree sexual abuse charge, and prosecutors plan to retry him Feb. 7. Itoh faces potential prison time and a fine when he is sentenced on the assault charges next month.

Itoh, 47, has continued receiving his $93,000 annual salary since he was put on paid leave July 10, 2008, Moore said. He would not say whether the university plans personnel action now that Itoh has been convicted of misdemeanors. Moore noted Itoh, who has claimed he acted in self-defense, can appeal.

Total pay on leave: $220,000 and increasing $255 per day. Itoh and his attorney did not return messages seeking comment.

Moore said the university delayed its internal process pending the outcome of the criminal trial "due to the unique circumstances this case has presented." But another professor charged in a high-profile case is getting similar treatment.

Gary Hunninghake, a professor and researcher who was director of the school's Institute of Clinical and Translational Science, is charged with felony disorderly conduct in Chicago for filing a false police report.

Authorities said Hunninghake, 64, told police he was jogging along the Chicago River on April 24 when three people took his wallet and cell phone and stabbed him. He was treated for wounds, and police conducted an extensive search for the alleged assailants.

But after they found inconsistencies in Hunninghake's story, authorities said he admitted he had actually stabbed himself and filed a bogus report. Hunninghake has pleaded not guilty. His attorney Robert Fisher said he continues to investigate the case, which has a status hearing on Dec. 20 but no trial date set.

"We're vigorously defending against that charge," Fisher said, acknowledging the case is likely to take several more months before it's resolved.

Chicago Police Superintendent Jody Weis has said the city will try to recover the full cost of the investigation from Hunninghake, who he said wasted the time of the police and fire department.

The university placed Hunninghake on paid leave April 23, a day before the false report, after campus police served five search warrants on him during an investigation, the details of which have not been disclosed. He has continued receiving his $360,668 annual salary since then, Moore said. Total pay on leave: $210,000 and increasing $988 per day.

RYAN J. FOLEY,Associated Press