Growing rift between Temple president and board set stage for ouster, sources say

The impending dismissal of Temple University president Neil D. Theobald had its roots in a growing conflict with members of the board of trustees who faulted him for failing to consult them on key issues and mishandling others, according to people familiar with the board's decision-making.

The rift began in March, when a $22 million shortfall was projected in the university's financial-aid budget for merit scholarships, several sources said. It intensified last month, they said, when Theobald removed provost Hai-Lung Dai and announced his replacement without consulting the board. The decision to remove Dai drew strong criticism from some faculty and students.

One person close to the board said tensions traced back to Theobald's handling of the school's decision to cancel some popular athletic programs two years ago.

The discord peaked Tuesday, when the board unanimously voted no confidence in Theobald and called for his removal. A vote on the dismissal measure is set for next Thursday.

Theobald, who has led the university for 3½ years, declined to comment Wednesday night and referred questions to his lawyer, Raymond Cotton of Washington.

In an interview late Wednesday, Cotton said Theobald had done nothing to deserve the board's action.

"I see no evidence that my client has done anything wrong, anything at all," said Cotton, who specializes in higher-education litigation with a focus on issues between presidents and boards. "To the extent that anyone on the board is blaming him for this deficit, they're off base."

Cotton said he found it surprising that the university had dismissed one top official and just weeks later was poised to remove another.

"It's really unusual for an institution of the quality of Temple to lose both its provost and president at the same time," he said. "It's very, very rare. The question I have is why." He said he intended to investigate.

Leading up to the no-confidence vote, board members felt they should have been informed before Dai was removed, sources said. They were also concerned about the financial-aid shortfall, which Theobald - an expert in education finance - had blamed on Dai, they said.

Things got worse Monday, when Theobald sent an email to some university officials referencing a sexual-harassment complaint against Dai, presumably in support of his decision to oust Dai, sources said.

On Wednesday, Dai decried the allegations as "complete and utter fabrications." He said the alleged misconduct, which he described as "of a verbal nature," occurred more than six years ago and involved a subordinate whom he had disciplined for "performance failures."

Temple board chairman Patrick O'Connor did not return calls for comment Wednesday.

Meanwhile, the 38,000-student university reeled from the news that it likely would lose its two top leaders in less than a month in ugly standoffs that could be headed to a courtroom. Dai has also hired a lawyer.

The board of trustees also drew criticism.

"This doesn't look so good to me," said Sara Goldrick-Rab, a nationally known professor in educational policy studies and sociology from the University of Wisconsin-Madison who started at Temple this month. The board's no-confidence vote and plan to fire Theobald, she said, "feels a bit aggressive."

Art Hochner, president of the faculty union, issued a statement criticizing both the decision to remove Dai and the ouster of Theobald without faculty input.

"Though [the union] has at times had differences with both . . . President Theobald and former Provost Dai, our primary interest is for Temple to remain a high-quality institution of higher education," Hochner wrote. "It is worrisome that such actions that could potentially have a huge effect on the university were apparently taken without input from faculty."

Aron Cowen, student body president, said the reaction from students, most of whom are home on summer break, was mixed, "from surprise to shock and everything else."

Kevin Feeley, a spokesman for the board, said that after next Thursday's meeting, "once that vote is final, we're moving on to another chapter. There will be a thorough search for a permanent successor."

The board plans to appoint chancellor Richard M. Englert as acting president. On Tuesday, the board unanimously approved the appointment of law school dean JoAnne Epps as provost.

While board members had high praise for Epps, sources close to the board said, some members were upset that Theobald did not consult them before announcing that she was his choice to replace Dai.

Before Dai's dismissal, Feeley said, Theobald had been negotiating with Dai, trying to get him to agree to accept another position.

The night before Dai was removed, the board believed he and Theobald had reached an agreement for him to move to another position, sources familiar with the matter said. But the next day, Theobald sent out a statement announcing Dai's departure. That prompted board members to demand an explanation from Theobald.

Last week, as the board held a private session to discuss Dai's dismissal, it was Theobald who found himself under scrutiny. He was asked to resign and refused, Feeley said.

Theobald met with the board in private session Tuesday, and one source said it did not go well. Theobald left the meeting, and the board took its vote of no confidence and announced its intention to dismiss the president.

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