U of M won’t sue ex-dean over contentious expenses

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This article was published 24/11/2023 (708 days ago), so information in it may no longer be current.

The University of Manitoba has no plans to go after a former law dean to recover hundreds of thousands of dollars in questionable expenses he submitted during his tenure.

As the professional disciplinary hearing of Jonathan Black-Branch wrapped up this week, U of M confirmed it would not pursue legal action against the former employee.

“We did take steps to recoup the funds with Mr. Black-Branch before he left Manitoba, but were unsuccessful,” said Myrrhanda Novak, executive director of strategic communications for U of M, in a statement Friday.

Black-Branch oversaw Robson Hall from 2016 to 2020.

His term was cut short after an internal investigation found he spent upwards of $500,000 in public funds — both faculty money and endowment income — to bolster his resumé at U.S. Ivy League colleges, and frequently charged his employer for personal dinners and drinks.

Novak did not provide details about the university’s attempts to seek reimbursement from the former dean, whose primary residence is in the U.K., or explain the reason behind its latest decision.

The post-secondary institute undertook a “thorough assessment” of all of its options and determined the most appropriate course of action was to report its concerns to the Law Society of Manitoba, she said.

In early autumn, U of M indicated it had replenished an endowment fund via self-insurance and would reassess whether to file a lawsuit after the hearing was complete. The public proceedings — during which shocking details about the university’s 2020 audit into Black-Branch’s spending habits were revealed — ended Thursday.

A three-person panel is deliberating how, if at all, Black-Branch should be penalized by the regulatory college for lawyers in Manitoba.

U of M informed the province’s auditor general about the situation, as well as the then-Tory government.

The Winnipeg Police Service indicated it was never alerted about the dean’s spending habits.

Criminal defence lawyer Jeff Gindin said falsely claiming to use public funds for university-related expenses could be categorized as fraud. At the same time, Gindin called the situation “very delicate.”

“(U of M) viewed this as an internal matter, and I would say that’s not all that surprising,” he said.

The university’s faculty association has repeatedly requested central administration introduce “more financial accountability and transparency of deans,” said president Orvie Dingwall.

Dingwall said academics want more details about their boss’ spending and for the U of M’s board of governors to stop “abusing” closed sessions by making financial decisions in private.

“(The latter) contributes to a culture of non-transparency,” she wrote in an email.

“As a result of this lack of transparency, we can’t really judge whether the university has made an informed legal decision that it would be difficult to recover costs, or whether they have other reasons not to pursue recovery of this dean’s misuse of (public) funds.”

The U of M’s undergraduate students union declined to comment on the development.

Since 2020, U of M has created a specific policy on reporting fraud and financial irregularities. Deans are also now required to complete a course on financial stewardship and ethical conduct.

maggie.macintosh@freepress.mb.ca