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2. Failure to set up fraud awareness training. Each NDUS employee is required tocomplete fraud awareness training each year in accordance with SBHE policy611.10. This training has most recently been delivered through Moodle software. In thepast, this training was required to be completed by June 30 thof each year. Following

consultation with the Human Resource Council, and with the concurrence of theChancellor and me, the training completion deadline was changed from June 30thtoDecember 31stto better coincide with the start of the academic year and thoseactivities. This project was assigned to you and, notwithstanding repeated requests,you have failed to set up this required training.

3. Failure to establish trust with your clients.An attorney is successful only if theattorney can establish trust with colleagues and clients. You have failed to establish atrusting, collegial relationship with colleagues and clients. The Chancellor has advisedhe does not trust you. I do not trust you. At least one president has advised that he didnot want you on his campus during a visit by Department of Education Office of Civil

Rights personnel.

4. Unprofessional conduct.After becoming increasingly disappointed and frustratedwith your failure to establish a credible compliance program, I asked Dr. Lisa Feldnerwhether I could assign you to CTS, to provide legal support to that critical organization.It is my understanding that Dr. Feldner discussed this matter with you before I had suchan opportunity. It is also my understanding thatin a public establishment and in thepresence of at least one other person (not employed by NDUS) you informed LindaDonlin that you would not accept a reassignment to CTS, that you want to report directlyto the SBHE, and that you would like a severance package in exchange for aresignation.

5. Misinforming the Audit Committee.During the Audit Committee meeting in Fargoon August 21, 2014, you provided misleading and inappropriate statements to theCommittee.

6. Refusal to accept that you do not directly report to the SBHE or the AuditCommittee.The Chancellor has established an organizational structure in which youreport to the Director of Legal Services. You have expressed disagreement with thatdecision and have expressed that disagreement directly to the SBHE, the AuditCommittee, colleagues, and individuals not employed by NDUS.

7. Refusal to implement a preventive concept for the compliance program. TheChancellor and I agree that the best practicefor the NDUS compliance programshould be training to inform NDUS personnel about key compliance issues (e.g., TitleIX, SBHE policies, etc.) in order to prevent inadvertent or unintentional noncompliance.However, you have stated to me (and others) that I do not understand compliance. Ido understand that the NDUS has very limited resources for a viable complianceprogram, so the emphasis must be training and auditingin an effort to avoidnoncompliance with identified state, federal, and SBHE requirements.

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Therefore, it is my conclusion that your failure to implement a viable complianceprogram and your recent conduct require that I serve you with this notice of intent todismiss with cause.