Rochester Institute of Technology acted inappropriately in firing pediatrician Annamaria Kontor earlier this year for prescribing hormone replacement therapy to transgender students, an internal grievance review committee has concluded.

Kontor has argued she is well trained to administer HRT as a primary care doctor, and that the university never informed her that she was violating its regulations or practices before firing her in May.

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She filed a grievance with the university, leading to an investigation that concluded late last week. The committee concluded that the university failed to communicate its concerns to Kontor, and recommended that the school's Student Health Center "move as quickly as possible to offer hormone therapy to transgender students, and that RIT fully support this endeavor with the necessary resources."

At the same time, the committee recommended against rehiring Kontor, "as that may not be in the best interests of all parties."

By 4 to 1, the committee's members laid most of the blame for the problem not on Wendy Gelbard, who fired Kontor on her first day as the Student Health Center supervisor, but on her predecessor, Taura Blythe, whose tenure ended the day before Kontor's firing.

Blythe, the committee found, "did not fulfill the supervisor responsibilities to correct an employee's performance as prescribed in the policy. ... Because of this failure, there is no proof that Dr. Kontor was aware that she was acting in opposition to the wishes, expectations or instructions of her supervisor."

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The committee unanimously recommended that Kontor have a charge of "gross insubordination" removed from her record and that she be provided with a positive letter of recommendation. It also recommended she have a tuition waiver restored for her child who is currently attending RIT.

RIT spokeswoman Ellen Rosen wrote in a statement that the school will follow its typical procedure for staff grievances: "Per that policy, the next step taken was to send this report to the university president for his review and final determination.

"It is important to note that the president’s review will address only the matters within the scope of the grievance policy, which is whether RIT’s Staff Performance Improvement policy was followed. Other matters included in the report were beyond the scope of the committee, which the committee itself noted."

Those matters include withdrawing the "gross insubordination" charge, writing the letter of recommendation and reinstating the tuition waiver, as well as beginning to offer HRT at the Student Health Center.

Kontor's lawyer, Paul Keneally, said the committee got the blame backward between Gelbard and Blythe.

"Dr. Blythe did ask questions about (HRT) along the way, but she knew Dr. Kontor was doing it and never prohibited it, verbally or in writing," he said. "It was absolutely bizarre that (Gelbard) sat down on her first day and fired Dr. Kontor."

Blythe could not be reached for comment.

The university has not been able to point to any written policy or communication stating that HRT was not, or is not, permitted. Medical organizations, including the World Professional Association for Transgender Health, say trained practitioners like Kontor should be allowed to manage HRT.

Kontor still has an outstanding discrimination claim before the state Division of Human Rights. That should conclude within a month or so, Keneally said, and likely will result in an action in federal court, where Kontor could sue for lost wages and other damages.

JMURPHY7@Gannett.com