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Monday, December 23, 2013

emir jose macari v. paul g. mattiuzzi

"The attached documents show that ECS Dean Emir Macari made misrepresentations on his CSUS application CV that were materially relevant to his qualification."
"This is a matter of academic integrity and the integrity of the University."

Sun, Dec 11, 2011.
Message to ECS from Provost Joe Sheley 12/16/2011.
Emir Jose Macari v. Paul G. Mattiuzzi  (Sacramento Superior Court No. 34-2012-00118803) an action for libel filed 02/14/2012. 
excerpt from the complaint:
"(Mattiuzzi) asserted that Plaintiff Macari was a liar and cheated to obtain his position at CSUS, and that he was attempting to shut down the Employment Career Center in the Engineering Department at CSUS."
Preliminary ruling from the Sacramento Superior Court 06/21/2012, excerpt: 
"Here, whether Plaintiff lied and cheated to obtain his position at CSUS and whether he was attempting to shut down the Employment Center in the Engineering Department at CSUS is a "public issue" that could affect large numbers of people beyond the direct participants."
Emir Macari Chapter 13 Financial Report (United States Bankruptcy Court, Case 12-38183) filed 10/12/2012.
11/25/2013  Macari dismissed as Engineering Dean
"Sac State sheds little light on high-profile dean’s absence ... has quietly gone on administrative leave." Sacramento Bee, 12/13/2013.
"Sacramento State must clear the air ... the circumstances leading to his dismissal remain mysterious." State Hornet, 02/11/2014.
Earlier events ...
Excerpt:
"Here, whether Plaintiff lied and cheated to obtain his position at CSUS and whether he was attempting to shut down the Employment Center in the Engineering Department at CSUS is a "public issue" that could affect large numbers of people beyond the direct participants.

 The Court agrees with Defendant that, as Dean, Plaintiff is entrusted with a significant amount of public funds and resources.

Thus, whether or not Plaintiff was honest in his credentials relates not only to his suitability as Dean, but also his ability to be trusted with public funds and resources.
This affects not only CSUS and its students, but also the California State University System and even possibly the State itself, especially given the State’s budget issues."
Then ...
  • Further delays ensued ... the trial date has been reset to March 2014.
  • The deposing of Mattiuzzi was completed after 3 days on the record.  
  • The Mandatory Settlement Conference (MSC) commenced and was continued, pending the deposition of Macari.
  • The deposing of Macari was completed in one day.  
  • The Mandatory Settlement Conference continued on September 6, 2013. 
  • The Mandatory Settlement Conference continues concluded on October 25, 2013.

Analysis 
  • Macari alleged that Mattiuzzi libeled him by saying that he was not tenured at LSU.  
All of the associate professors at LSU are "tenured."  Mattiuzzi claims he did not write or say that Dr. Macari was not tenured.  
  • Macari alleged that Mattiuzzi libeled him by saying his tenure was a failed one.  
In forming the opinion that Dr. Macari's tenure at LSU did not demonstrate progressive achievement,  Mattiuzzi relied in part upon the fact that Dr. Macari exited a position as both a department chair and distinguished professor in April 2001, apparently at a mid-term date, at the end of 23 months on a 39 month contract.  
Mattiuzzi also considered the fact that Dr. Macari's salary at LSU rose to $120,000, and that he was earning $102,000 when he resigned.
The opinions were based on a review of Dr. Macari's entire LSU exempt (i.e., public) personnel file.  Relevant LSU policy and procedure manuals were also reviewed.
  • Macari alleged that Mattiuzzi libeled him by saying that he lied and cheated when he applied to be Dean. 
In forming his opinion about the veracity of Dr. Macari's CSU application resume, Mattiuzzi relied upon his observation that the vita appeared to indicate, without ambiguity, that Dr. Macari had served as a department chair and distinguished professor from 1999-2004, a period of 5 years.
  • Macari alleged that Mattiuzzi libeled him by saying that he was trying to destroy or shut down ECS Career Services.    
How Career Services survived.
  • Macari alleged that Mattiuzzi acted with malice, or solely with the intent to do him harm. The complaint alleges that Mattiuzzi did so in the context of the Federal litigation - his wife's retaliation complaint against Dean Macari and CSUS.
Mattiuzzi's observation was that his wife continued to be exposed to a hostile work environment, an environment constructed and maintained by Dr. Macari under the imprimatur of the University.
Mattiuzzi's observation from the record was that Dean Macari made false accusations and offered fabricated excuses, and that the University has either naively or otherwise embraced his word.

Mattiuzzi testified that his sole intent was to make it stop. 
  • Null Hypothesis:  libel = 0 (one tailed).

Documents
Key resume documents 
CSUS Public Affairs: Sacramento State names engineering dean 
Subject: Career Updates 09-07-2006 New Dean and Great Job News * 
Letters of appointment as CSUS ECS Dean and Civil Engineering Faculty (retreat rights) 
Meeting with Bill Clinton in Davis,  the week before October 12, 2012
Bio statement  •  Aldo Leopold Fellowship program  •  c. 2009
LSU Hurricane Center NSF Grant
Resume  •  in application for the $2 mil. California Energy Commission smart grid grant
Resume  •  in application for the $833,000 ARRA DOE Workforce Development grant
California Center for Science and Technology  •  CCST  •  Project Team Biography
New Linked-in Profile 
Dr. John T. Oldenburg introduces Dr. Emir Jose Macari - STEM Scholars Lecture - 09-22-2010 (video at 00:36 - 02:19) 
City College of New York application  

reference only:
Document 59 Case 4:11-cv-01405-SBA (59 of 92).
What is the difference between a straw man and a red herring? - YouTube 
loot {Hindi lut < Sanskrit lunt, plunder} v. tr. 1. To pillage; spoil.  
At least one linguistics textbook concludes that "there is no longest English sentence"




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Posted by paul g. mattiuzzi, ph.d.