Moore appeal denied by district court

Former Assistant Visiting Professor of Political Science Bernard Moore has seen his appeal against the College denied by the district court of Massachusetts as of Monday afternoon. Moore, who was dismissed from the College last November after pleading guilty to fraud, was appealing the categorization of his crime as “gross misconduct.”
According to Jim Kolesar, assistant to the president for Public Affairs, “the College agrees with the Court of Appeals that Bernard Moore’s case was ‘meritless.’ That ought to be the end of this long, sad story.”
Moore, who taught at the College starting in July 2009, was dismissed following charges of fraud in excess of $820,000 in November 2009. The College, which had no role in charging Moore with the crime, dismissed the visiting professor upon hearing the news. Moore was sentenced to 50 months in prison and is required to pay restitution of over $760,000 to numerous victims in the case (Bernard Moore to serve 50 months, make full restitution,” Sept. 29, 2010).
Moore’s recent case started when he first sued the College in December 2009 for immediately revoking the health insurance under which he had been covered by the Comprehensive Omnibus Budget Reconciliation Act (COBRA) of 1985. The coverage was afforded to Moore while he was an employee of the College and was terminated immediately upon his departure. As Moore’s crime is labeled gross misconduct, he is now ineligible for COBRA health insurance. Moore would have been able to continue his coverage following termination of his position at the College if he had been dismissed on grounds not categorized as gross misconduct.
According to the report of the appeal, Moore’s claim was denied due to the fact that, as he is now incarcerated, he has no need for health coverage as outlined by COBRA. Furthermore, Moore’s case centered around the argument that the misconduct in question did not occur while he was employed at the College. When the misconduct occurred, however, was deemed irrelevant by the court. Furthermore, the court also deemed Moore’s “concealment and misrepresentation of his credentials during his period of employment at Williams College” gross misconduct, therefore invalidating his case.
Monday’s decision has no effect on Moore’s sentencing for the crime overall, as he will continue to serve his prison time without COBRA health insurance.

Leave a reply

Your email address will not be published. Required fields are marked *