CHARLESTON, W.Va. -- The former president of the West Virginia School of Osteopathic Medicine alleges that he tried to put an end to unlawful activities and waste at the school before he was fired as president last month, according to a lawsuit filed in Kanawha Circuit Court.   

Dr. Richard Rafes filed the lawsuit earlier this month against the school, its board of governors, each board member and the state Higher Education Policy Commission.

The board voted to remove Rafes on April 10 and named Dr. Michael Adelman, vice president for academic affairs and dean, as the school's acting president. 

Rafes wants to be reinstated as president. He referred questions Thursday to his lawyer, Bill Robinson.

The case has been assigned to Chief Kanawha Circuit Judge Tod Kaufman.   

Rafes says he was retaliated against for his efforts to report, in good faith, unlawful activities and waste at WVSOM, which would be a violation of the West Virginia Whistleblower Act. 

He alleges violations of law at the WVSOM Foundation, unlawful activities at the Robert C. Byrd Clinic and wasteful expenditures involving contracts with outside vendors, including Comar Inc. His lawsuit did not appear to provide details of those violations.

The Gazette reported last year that WVSOM officials awarded Cross Lanes marketing firm Comar Inc. a $200,000 no-bid contract.

Martin Bowling, a former Comar executive, performed much of the work, which involved hiding news about a 2006 sexual harassment lawsuit against the school from Google search engine rankings. Bowling pleaded guilty in federal court last year to unrelated charges.

Comar secured the marketing contract after contacting Patrice Bauserman, the osteopathic school's art director and a longtime friend of Comar official April Hendershot, according to e-mails released by the school. 

In his lawsuit, Rafes alleges that Sue Holvey, a member of the school's Board of Governors, tried to revise the school's bidding process to help an acquaintance "and/or his associate" gain a contract.

Holvey referred questions to Charleston attorney Chuck Bailey, who is representing the Board of Governors and its members. WVSOM spokeswoman Nancy Green also referred questions to Bailey.

Rafes also alleges that Board of Governors member Kendall Wilson interfered with an official investigation of a student who had falsified a federal government record. Wilson said Thursday he could not comment.

Rafes has asked for a preliminary injunction to reinstate him as president. Bailey expects to file a response to that motion by May 24, and to file responses to several other allegations at later dates, he said.

In the lawsuit, Rafes also alleges that Rodney Fink, the Board of Governors' chairman, and other board members violated the state's Open Governmental Meetings Act by talking privately and through e-mail and convening secret meetings between small groups of board members to discuss school business.

After the April 10 board meeting, Rafes says that without reason or explanation, a State Police officer escorted him from campus. He was stripped of his security card, barred from most buildings on campus and shut out of his e-mail account.

A few days later, WVSOM officials sent an e-mail to all school employees that prohibited them from communicating with Rafes -- which violates his First Amendment rights to free speech and free association, according to his lawsuit. 

He also alleges in the lawsuit that at a previous meeting of the Board of Governors, one member openly accused him of engaging in fraudulent activities. The accusations, made in front of administrators, faculty, staff and students, were false and malicious, according to the suit.

Rafes technically remains an employee of WVSOM and has agreed to perform duties assigned to him "only under coercion and duress and due to his need for continued gainful employment," according to the lawsuit.  

The state Higher Education Policy Commission, which is responsible for assigning Rafes his current duties, approved the WVSOM Board of Governors' decision to remove Rafes.

Ashley Schumaker, executive assistant to state Higher Education Chancellor Brian Noland, said the "commission referred the matter to the state's insurance carrier and has been assigned legal counsel," which is the Steptoe and Johnson law firm.         

Rafes alleges that he has suffered severe emotional distress, his reputation has been permanently injured and he will be unable to gain comparable employment as president of a respected college or university. He is asking for attorneys' fees, punitive damages to "sufficiently punish" the defendants for their "willful and malicious conduct" and any other compensatory damages proven at trial.

Staff writer Eric Eyre contributed to this report. Reach Davin White at davinwh...@wvgazette.com or 304-348-1254.