Corpuz v. BD. OF TR. OF UNIV. OF ILLINOIS

625 N.E.2d 179, 252 Ill. App. 3d 667, 192 Ill. Dec. 219
CourtAppellate Court of Illinois
DecidedAugust 26, 1993
Docket1-92-3098
StatusPublished
Cited by1 cases

This text of 625 N.E.2d 179 (Corpuz v. BD. OF TR. OF UNIV. OF ILLINOIS) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corpuz v. BD. OF TR. OF UNIV. OF ILLINOIS, 625 N.E.2d 179, 252 Ill. App. 3d 667, 192 Ill. Dec. 219 (Ill. Ct. App. 1993).

Opinion

PRESIDING JUSTICE JIGANTI

delivered the opinion of the court:

The plaintiff, Cecilia Corpuz, appeals from an order of the circuit court affirming the decision of the University of Illinois Civil Service Merit Board (Merit Board or Board) to dismiss her as business manager of the obstetrics and gynecology department of the University of Illinois (University). Corpuz alleges that the Merit Board’s findings were against the manifest weight of the evidence; that in any case just cause for discharge did not exist; and that the Board’s procedures violated her right to due process.

The investigation that led to Corpuz’s discharge began in mid-1990 as a result of a communication received from the Vicks Research Center of the pharmaceutical company of Richardson-Vicks, Inc. An attorney for Vicks telephoned Dr. Bruce Bosmann, associate dean of research at the University of Minois College of Medicine. The Vicks attorney informed Bosmann that Dr. Yusoff Dawood, formerly of the University’s obstetrics and gynecology (OB-GYN) department, and Corpuz had been communicating with Vicks in an attempt to have Vicks release to Dr. Dawood funds related to a clinical drug study Dawood performed for Vicks while a member of the University’s College of Medicine. The Vicks attorney asked Bosmann whether a letter received by Vicks dated April 13, 1990, was to be construed as a release to Dr. Dawood of funds owed to the University for the study. The letter to which the attorney referred was addressed to Vicks in care of Donna J. Patch, Manager, Medical/Clinical Studies, and stated specifically and in full:

“Re: ‘Dysmenorrhea’
Dear Ms. Patch:
Our records indicate that the above study (#88-07) has been completed. All financial obligations to the University of Elinois had been met at the time of Dr. Dawood’s departure from the Department of Obstetrics and Gynecology in December, 1989.”

The letter was signed by Corpuz and cosigned by Bosmann as senior associate dean for research. A copy of the letter was forwarded to Dr. Dawood, the head of the OB/GYN department, and the grants and contracts office of the University’s medical department.

In response to the Vicks attorney’s inquiry, Bosmann informed Vicks that the letter was absolutely not intended as a release of funds to Dawood, who had since left the University. Bosmann faxed a copy of the letter to the Vicks attorney with a handwritten note on its face which stated in pertinent part:

“Please do not in any way interpret this as a release of obligations made between Vicks Richardson & the University of Illinois. Please make all checks payable to the University] of Illinois under any contract agreements we have with you.”

Bosmann then met with Dr. Gerald Moss, dean of the College of Medicine, and an investigation of the OB-GYN department was initiated. The investigation conducted by the University office of audits revealed that over $360,000 of money considered to be owed to the University by various pharmaceutical companies for research studies performed by University doctors had been diverted to other recipients, for example, the University of Texas, Dr. Dawood’s new employer. Five pharmaceutical companies were involved and in each case Corpuz issued a letter of completion similar to that noted above.

The auditor examiner also concluded that an OB-GYN staff fund account, a nonuniversity account for which Corpuz acted as treasurer, was being used as a repository for University funds. Out of these commingled funds, Corpuz, with the approval of her supervisor, had issued interest-free loans and salary advances to herself and other department members.

Finally, the investigation revealed that Corpuz had received added compensation at the direction of her supervisor in the amount of $1,500 a year for the years 1984 through 1990. This compensation was drawn from the staff fund account and was for services Corpuz rendered in connection with an evening lecture series sponsored by the OB/GYN department. Corpuz did not report this income to the “State of Illinois on her Statement of Economic Interests” disclosure form.

After the auditor’s investigation, the University filed charges against Corpuz. A hearing was held before hearing officer August A. Grundei over five days in September and October of 1991. At the conclusion of the hearing, Grundei made the following specific findings of fact addressed to the secretary of the University Merit Board:

“CECILIA CORPUZ was a competent, efficient and trusted employee of over 18 years, earning $50,000.00 per year as business manager of the department for ten years. Her fellow employees courageously came forward and supported her. Her employment record with the University is without blemish until this incident. The staff account was being misused when she came into the department. She never received any notice about this staff account concerning her conduct for misfeasance or nonfeasance for the ten year period. No one, other than the prosecutor and the investigators herein (post-factum), understands this staff account and its limits. No one, other than the prosecutor and the investigators herein (post-factum), understands the policy of the University as applied to this staff account. All monies paid in and out of the staff account were under the direction and authorization of the supervising doctor.
Cecelia Corpuz received a relatively small benefit when compared to the major benefit received by others from this staff account. The payment of the $1,500.00 bonus per year for an exempt salary employee was directed by her supervisor and accepted by her. The making of loans and the payment of advances were directed and authorized by her supervisor.
In theory, Cecilia Corpuz should have known the limits of the staff account based upon her job description, but in reality the problem is that no one knows the limits of this staff account. This is the dichotomy of theory and fact.
The written charges for discharge were clear and comprehensible by petitioner’s attorney. The University substantially cooperated with petitioner’s attorney in good faith.
This system of external drug company funding, as related to the staff account, herein, and Cecilia Corpuz’s knowledge therein is as follows:
I That Cecilia Corpuz did not know and could not know the policy concerning the staff account.
II That Cecilia Corpuz did not know and could not know the limits of the staff account.
III That Cecilia Corpuz is not responsible for the ordering and correcting of this system of external drug company funding.”

The University’s Merit Board concluded that the charges against Corpuz were sustained, and on January 14, 1993, the Merit Board discharged Corpuz based on the following causes:

1.

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Bluebook (online)
625 N.E.2d 179, 252 Ill. App. 3d 667, 192 Ill. Dec. 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corpuz-v-bd-of-tr-of-univ-of-illinois-illappct-1993.