Thank you for your explanation.
You have stated Penn’s position that it was not a disciplinary action. MF’s side contests that. Whether or not the university’s position is actually the fact is one of the issues to be decided by this litigation.
I find the characterization of the anonymous emailer as a “whistle-blower” interesting. I believe that this characterization began with the report from the Rhodes Trust where it is stated as such. Any definition of whistle-blower which I’ve ever seen has to do with employees reporting irregularities by their employers. Because if the unequal power dynamic in these relationships, such whistle-blowers are given legal protections. However, I’ve never heard of anonymous emailers having such protections. The Rhodes Trust report in fact refers to “extensive evidence gathered from confidential whistleblowers”. They insinuate by use of the term “confidential whistleblower” that their sources somehow have protected status. They and Penn used this inference to hide their sources from MF. I’m not aware of protected status applying to anonymous emailer(s).
Although the anonymous emailer(s) did directly contact the Rhodes Trust, this was done almost a month after the original e-mail to UPenn and only after Penn had already notified Rhodes. We have no way knowing if the emailer(s) did this on his/her own initiative or at the behest of UPenn. The timing and the delay is certainly suspicious.
You say that it would be routine for Rhodes to require nominating institutions to update Rhodes of any additional developments and that this would be in a separate document. MF’s lawyer is alleging tortious interference. You are making Penn’s defense. If this is the case, the separate documents will come out in court. So we’ll have to wait and see.