Controversial U.S. politician sues UNB for releasing his widely criticized PhD thesis
Doug Mastriano says UNB leaked his thesis, resulting in lost potential revenue from book sales, speaking gigs
The University of New Brunswick has become the target of legal action by a Republican politician in Pennsylvania who's accusing the school of leaking his doctoral thesis and of participating in a scheme to discredit his research on a First World War hero.
Doug Mastriano, a U.S. Army veteran and state senator, is suing UNB and several of its faculty members following a wave of criticism directed at the thesis he wrote on Sgt. Alvin C. York that earned Mastriano a PhD from the university in Fredericton.
"Defendants embarked on a racketeering enterprise to deprive Col. Mastriano of his intangible property interests in his PhD, his books, and his speaking engagements," says the lawsuit, filed in Oklahoma by lawyer Daniel Cox.
The lawsuit also names UNB president Paul Mazerolle, David MaGee, vice-president and director of research, and Drew Rendall, dean of graduate studies at UNB.
It alleges the three conspired to publicly release Mastriano's thesis, resulting in "a substantial loss and deprivation of his intangible property interests."
UNB president Paul Mazerolle is named as a defendant in a lawsuit by Mastriano, who's accusing Mazerolle of being part of a scheme to leak his PhD thesis and undermine his academic credentials. (Ed Hunter/CBC)
None of the claims in the lawsuit have been tested in court.
CBC News asked UNB for an interview with Mazerolle about the allegations.
In an email, spokesperson Marcia Seitz-Ehler said UNB is unable to comment because the matter is before a court.
The lawsuit was filed in U.S. district court for the Western District of Oklahoma on May 31, and documents indicate notifications of summons were issued to the named defendants on July 2.
The lawsuit says it was filed in that court because James Gregory III, one of the named defendants, lives in that jurisdiction. The suit says all other defendants are subject to personal jurisdiction in that district, "because a substantial part of the events giving rise to the claims" occurred there.
CBC News attempted to contact James Gregory III, who is listed in the lawsuit as living in Edmond, Okla., but was unsuccessful.
James Gregory Jr. is a U.S. academic who was vocal in his criticisms of Mastriano's thesis.
CBC News contacted Gregory by phone in the state of Louisiana, where he resides. He said he had not been served notice of the lawsuit and therefore would not comment.
Critique prompted investigation
Attempt to reach Mastriano through his office were not successful.
Mastriano is a retired U.S. Army colonel who in May 2019 was elected a state senator for Pennsylvania's 33rd district.
Known for his socially conservative views, he rose to national prominence for his support for former president Donald Trump and the debunked conspiracy theory that the 2020 U.S. presidential election was rigged in favour of President Joe Biden.
Mastriano is a Pennsylvania state senator known for supporting former U.S. president Donald Trump and the conspiracy theory that the 2020 presidential election was rigged. (Andrew Kelly/Reuters)
With Trump's endorsement, Mastriano ran in 2022 for governor of Pennsylvania but was defeated by Democratic nominee Josh Shapiro.
In 2013, Mastriano received his PhD from UNB, with his thesis focusing on York, who achieved fame for killing 25 Germans on a battlefield in France. York's heroics inspired a Hollywood movie, with actor Gary Cooper in the lead role.
A year later, Mastriano used his thesis as the template for a book he published, even while his thesis remained under wraps, thanks to an unusually lengthy embargo on its release.
That didn't stop other academics, however, from questioning claims in the book, prompting calls for UNB to release his thesis publicly.
Mastriano's PhD thesis focused on U.S. Army Sgt. Alvin C. York, whose heroics during the First World War made him one of the most decorated soldiers of the century. (Mark Humphrey/The Associated Press)
In 2022, UNB conceded and published the thesis, which several academics have said is riddled with fabricated footnotes and unsubstantiated claims.
In spring 2023, UNB appointed a committee of three professors to investigate the allegations of academic fraud in Mastriano's thesis.
Under UNB policy, the investigation committee was required to submit its recommendations to the university within 60 days, but any findings the committee might have reached have not been released to the public.
Mastriano seeking millions from UNB
While Mastriano's lawsuit takes aim at academics outside UNB who questioned his work, a key element of the lawsuit focuses on UNB's decision to release his thesis.
The lawsuit alleges its 2022 release, despite Mastriano's request to keep it embargoed until 2030, constituted election interference and allowed his work to be stolen by another academic, who at the time was also working on a book about York.
University of New Brunswick is one of several parties named in the lawsuit. (University of New Brunswick)
An exhibit attached to the lawsuit shows a July 2022 letter from Drew Rendall, the UNB graduate studies dean, informing Mastriano that his thesis was being released immediately.
Rendall, in the letter, told Mastriano that university guidelines provide for a maximum embargo duration on graduate theses of only four years, adding that Mastriano's request "greatly exceeds" the school's embargo limits.
Mastriano's lawsuit also alleges UNB participated in a scheme to deprive him of his "property interests" associated with his PhD thesis by opening the investigation into it.
UNB launched the investigation in spring 2023, and the lawsuit claims UNB notified Mastriano last December that the university was relaunching the investigation into it.
The lawsuit makes no mention of what the investigation determined, or whether it's concluded.
The lawsuit says Mastriano is seeking up to $100 million in damages from UNB, and a minimum of $1 million from each of the individually named defendants.
"If the dissertation is laden with mistakes and errors, why hasn't the PhD advisor (Marc Milner) and the committee (Lawrence Wisniewski, Jeffrey Brown, Steven Turner,David T. Zabecki) who signed off on it been questioned about their role? They are there to question and catch errors, and if necessary, flunk the candidate. I am not a historian who can evaluate that claim. However, someone out there can."
Content Deactivated
Col. Mastriano must remember me
Mike May
Reply to David Amos
Tu pense?
David Amos
Reply to Mike May
Mais Oui
Gregory insists he has no political axe to grind. He says he's a registered Republican, in Oklahoma, and doesn't care who the governor of Pennsylvania is.
His gripe, he says, is strictly academic. And somewhat personal. That's because Gregory has also written about York; he cited Mastriano in his work and now he's feeling deceived.
"It's tainted," Gregory said.
"He was wrong. Therefore my article was wrong. And everyone in the future who cites Mastriano's work, now, their work is tainted.
"It's not just that he's changing history by lying and making things up. He's also ruining everyone else's work that trusts him."
Gregory said he actually had a cordial relationship with Mastriano, exchanging messages online about their shared scholarly interest in York.
Then, suddenly, Gregory says, when he started spotting details that contradicted Mastriano's work, the politician cut off contact and blocked him on Facebook."
David Amos
Guess who called everybody except Paul Mazerolle
Reply to David Amos
Trust that I enjoyed talking to James Gregory again
Okay, we’re done with guessing! Spill the tea!
In an email, spokesperson Marcia Seitz-Ehler said UNB is unable to comment because the matter is before a court.”
Reply to Carly Wattson
Anyone note the paragraph...
"Under UNB policy, the investigation committee was required to submit its recommendations to the university within 60 days, but any findings the committee might have reached have not been released to the public."
Bet it'll come out now.
Reply to Walter Vrbetic
S. Pietromonaco
Officials don't want comments on allegations of academic fraud against governor candidate to sway U.S. votes
The Canadian Press · Posted: Nov 03, 2022 1:59 PM ADT
It seems UNB guidelines are clear, allowing for a “maximum embargo duration on graduate theses of only four years”, and Mastriano's request "greatly exceeds" that limit. I’m not sure why he’d suing.
Eric Red
Reply to Bill Gardiner
Because he can?
serge montague
Reply to Bill Gardiner
Ask an SME with expertise in these types of things. random internet people can;t give you an answer
David Amos
Reply to Eric Red
Bingo
David Amos
Reply to Bill Gardiner
Mastriano's thesis supervisor, Marc Milner, a history professor and honorary colonel in the Air Force, did not respond to emails seeking comment.
Multiple efforts to reach current and retired staff at the university, including the communications office, received no response.
Mastriano, meanwhile, did not respond to requests for comment via phone calls to his three state legislative offices and emails to his legislative and campaign staff.
The professor, Brown, has a theory about what happened.
Mastriano is the underdog in the race. He's behind in polling and fundraising. National Republicans aren't helping him. Organizers of his recent rally at the Pennsylvania legislature said they were disappointed when only a few dozen people turned out. (Alexander Panetta/CBC)
The school, he says, has a good relationship with the military, and let Mastriano through to avoid disrupting that.
He sent CBC News printouts of email exchanges from 2012 and 2013 laying out his myriad concerns, including one final note.
In that note, Brown told Milner that, from what he understood, regardless of his complaints, Mastriano would get his degree anyway.
Brown wrote: "I know that I will regret it if I allow my signature to stand on this dissertation."
He says Milner responded that his services were no longer needed because the three-member examining committee already had enough people.
Brown backed away, after having spent months on the project.
But he just got a surprise.
The university finally released Mastriano's thesis over the summer, amid external pressure after a years-long delay in making it public.
Brown's name is still there, listed on the examining board.
Le Wier
Reply to Bill Gardiner
What I find interesting is that Milner received his B.A. his M.A. and his PhD. all from UNB. Most universities don’t allow for students to complete their PhD at the same university as their Masters. Most professors receive their degrees from at least 2 different universities.
Le Wier
Reply to David Amos
Do you find it odd Milner received all his degrees from UNB?
Bill Gardiner
Reply to Le Wier
I hadn’t thought of that. It needs to be explained.
Le Wier
Reply to Bill Gardiner
It really does. There is a lot more to this story. You have raised a lot of questions that need answering.
Bill Gardiner
Reply to Le Wier
You raised that one and now you have me going. It does need answers.
Reply to Danny Sterns
Reply to Dan Lee
Reply to Jos Allaire
Content Deactivated
Reply to Jos Allaire
Reply to Jos Allaire
The real story here is, “US Army vet gets PhD thesis from UNB…
David Amos
Reply to Carly Wattson
Well, someone certainly thought their book was going to be extraordinarily successful!
Reply to Wilbur Ross
UNB Fredericton has been violating people like this now for atleast 20 years that I know of. Much worse happened to me multiple times . I feel for those that are just starting their lives. Atleast he's equipped to fight back.
David Amos
Reply to Gilles LeBlanc
Remember Norman Strax?
Gilles LeBlanc
Reply to Gilles LeBlanc
Reply to Gilles LeBlanc
Eddy Geek
The dissertation was loaded with false information yet he STILL received his PhD from UNB
Regardless, this “stable genius” supporter is upset his BS filled paper was released AFTER the legally binding embargo time period
Oh well, this “genius” promoted trump’s bs about the lost election; clearly facts are not important to him
David Amos
Reply to Eddy Geek
Do tell what facts are important to you
Carly Wattson
David Amos
Content Deactivated
David Amos
Reply to Carly Wattson
Reply to Carly Wattson
Okay, fine tuning the rules of this game - citing random facts about things mentioned in this article:
WWI was from 1914-1918. Your turn!
Reply to Carly Wattson
Reply to Carly Wattson
Michel Pelletier
must be a Trump sympatizer
David Amos
Reply to Michel Pelletier
Thats an understatement
Jack Bell
"Rendall, in the letter, told Mastriano that university guidelines provide for a maximum embargo duration on graduate theses of only four years, adding that Mastriano's request "greatly exceeds" the school's embargo limits."
Case dismissed.
Next case.
David Amos
Reply to Jack Bell
Surely you jest
UNB kept quiet about Mastriano controversy because of U.S. elections, president says
Officials don't want comments on allegations of academic fraud against governor candidate to sway U.S. votes
The president of the University of New Brunswick says he's kept a lid on publicly discussing the controversy surrounding an American politician's PhD because the institution did not want to be accused of interfering in U.S. politics.
Paul Mazerolle said that with U.S. midterm elections coming next Tuesday, it was decided the university should refrain from commenting on allegations of academic fraud levelled at former history student Doug Mastriano, who is now running for governor of Pennsylvania.
"We have an allegation of academic fraud and it's happening on the eve of an election," Mazerolle said in an interview this week.
"In effect, we're talking about a politicized process. If we undertake activities that could sway people's views of any particular candidate, I think we have a responsibility to be very careful on how we could influence an election."
Until now, members of the university's administration have declined requests for interviews from The Canadian Press.
'Poorly handled at all levels'
Richard Yeomans, a PhD candidate in UNB's history department, said it was a stretch to suggest that public debate at the university could influence a U.S. vote.
"I think the president's approach is indicative of how this issue has been poorly handled at all levels," Yeomans said in an interview Wednesday.
"If the decision from the get-go was to wait until after midterms, then why was that decision not made public sooner?"
Mastriano alleges bias
Mastriano, a retired U.S. army colonel, was a little-known state senator until he took an active role in the movement to overturn Donald Trump's 2020 election defeat, and in May he won the Republican nomination to run for state governor — with Trump's endorsement.
Since then, Mastriano's 2013 doctoral degree from UNB Fredericton has been called into question. Several scholars have alleged his dissertation was plagued by factual errors, fabrications and amateurish archeology.
Earlier this week, he addressed the issue in an interview, telling the website Real America's Voice that professors at UNB held biased views about his background.
Doug Mastriano is running for Pennsylvania governor. (Julio Cortez / The Associated Press)
"The left wing goes after our academic work on the right," said Mastriano, whose hard-right platform has gained national attention since the Trump endorsement.
"Of all the things I've done, it was brutal. And I did have concerns that some of the left-leaning professors there would hold my politics or my military background against me."
Written complaint prompts review
Meanwhile, Mazerolle confirmed the university recently received a written complaint about Mastriano's dissertation, which has prompted a preliminary assessment that could lead to a formal, confidential investigation under the school's Responsible Conduct in Research policy.
"We have some work to do as a university to deal with the allegations," Mazerolle said. "This has raised lots of questions for me as the president."
If the university decides the complaint has merit, it could appoint an investigation committee, which must report its findings and recommendations within 60 days. At that point, disciplinary action could be taken, but the policy does not spell out the options.
"I really don't want to articulate the range of options," Mazerolle said. "If the president of the university is forecasting possible options, that's not appropriate."
UNB's response to the formal complaint is in addition to an independent administrative review announced Oct. 6, which will examine the school's policies for awarding doctoral degrees. The review won't deal with the allegations against Mastriano, but it might be released to the public within the next three months, Mazerolle said.
213 allegations of academic misconduct
As for the formal complaint, Mazerolle did not disclose who filed it. But it would appear it came from James Gregory, an instructor and PhD candidate at the University of Oklahoma.
Gregory shared with The Canadian Press an email he received Oct. 8 from UNB's vice-president of research, David MaGee. The email confirms an investigation was launched in response to a complaint from Gregory.
"An immediate investigation into the allegations will begin as per our policy on Responsible Conduct of Research," MaGee's email said.
In an earlier interview, Gregory said he became concerned about Mastriano's research after he discovered more than a dozen problems within a book Mastriano had written in 2014, which was based on his dissertation about U.S. army Sgt. Alvin York, a highly decorated First World War infantryman.
It's very unfortunate that it took a publicity debacle for the university to actually take these allegations seriously enough.
- James Gregory, complainant
In March 2021, Gregory sent the university a list documenting 35 instances of potential academic fraud in the 2014 book. That complaint was dismissed by MaGee, who said the problems cited were only minor transcription errors.
After the dissertation was released in August of this year, Gregory submitted another complaint on Oct. 6 — the same day the administrative review was announced. The second complaint documents 213 allegations of academic misconduct in the dissertation.
"I'm glad they're looking at it, but this should have been done a year ago when the exact same thing was reported," Gregory said in an interview Wednesday. "It's very unfortunate that it took a publicity debacle for the university to actually take these allegations seriously enough."
Stories about UNB's response to complaints about Mastriano's work have made headlines across the United States, including reports from the New York Times and The Associated Press.
Gregory said Mazerolle's concerns about interfering with U.S. politics ignore the fact that his original complaint was made more than a year ago.
"It feels like they've been trying to push this under the rug," he said. "They tried to do that to me last year. I'm hoping there's enough pressure for them to take a look at it seriously."
Findings should be made public
Jeffrey Brown, a history professor at UNB, said he's keen to learn more about how the process will work. He said if there's an investigation, it should be conducted by people independent of UNB, and its findings should be released to the public.
As for the U.S. midterms, he said that shouldn't be a factor in how the university responds to questions raised in public.
"I think the importance of academic integrity outweighs internal U.S. politics," said Brown, who was among the first to raise red flags about Mastriano's dissertation in 2012-13 when he was a member of the dissertation's examining board.
"The university has an obligation to address this issue."
With files from The Associated Press
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