UI must return professor to paid administrative leave

IOWA CITY - A tenured University of Iowa professor who was placed on paid administrative leave in January 2011 for alleged “disruptive behaviors” and subsequently moved to medical leave, where he stopped earning wages, must be placed back on administrative leave and paid retroactively, a judge ordered Tuesday.

Radiologist Malik Juweid has claimed the UI plans to fire him out of retaliation, and he is seeking injunctive relief to keep the university from terminating his employment ahead of a final disposition of his civil claims. While that request remains set for a hearing, Juweid also asked the court to stop the UI from keeping him on medical leave, where he has been uncompensated since the sick leave expired in December, according to court documents.

Juweid asked a judge to order the UI to place him back on paid administrative leave until the university wraps up its disciplinary action against him, and Johnson County District Court Judge Patrick Grady granted that wish Tuesday.

“The university shall restore Dr. Juweid to paid administrative leave status retroactively to Jan. 2, 2012,” according to the court ruling.

The UI must address the sick leave issue through a “non-party administrator” who must allow the UI and Juweid time to submit written documentation, including medical reports. The administrator will determine whether Juweid is medically fit to perform his job, according to the court.

Grady ruled after considering how the university came to the conclusion that Juweid should remain on medical leave, according to the court order.

Jean Robillard, UI vice president for medical affairs, came to the decision based on his review of Juweid's emails and prior assertions that he would need two years of sick leave, according to the court. What is missing from Robillard's assessment, according to the ruling, is any indication that he reviewed recent reports from Juweid's treating psychiatrists.

“This court finds those shortcomings potentially substantial as the psychiatrists' reports indicate that the plaintiff has responded well to medication and was able to return to work,” according to the ruling. “Dr. Robillard's focus on what happened prior to Dr. Juweid's treatment ignored the issue of his current ability to return to work.”

The court also stated there is no indication that Juweid was allowed to submit evidence favorable to his position.

“Thus, because Dr. Robillard's decision did not address the principal issue involving sick leave, it does not meet due process standards and is at substantial risk of being erroneous,” according to the court order.

Juweid filed his lawsuit against the UI and numerous university officials in May, claiming discrimination and retaliation by supervisors and colleagues. The UI denied the allegations and said Juweid had sent dozens of harassing and unprofessional emails to colleagues.

University spokesman Tom Moore declined to comment Tuesday.