Betty J. Goldentyer, D.V.M.

Deputy Administrator, 6-15-22

USDA-APHIS-Animal Care
4700 River Rd.
Riverdale, MD 20737
Via e-mail: Betty.J.Goldentyer@usda.gov

Dr. Goldentyrer,

I am writing to you today to file an Official Protest of the Warning issued to the University of Illinois,
Urbana-Champaign (33-R-0029). An Official Warning is drastically insufficient for violations
connected to the negligent deaths of two animals.

As you know, this warning was based on a failed USDA inspection dated 2-8-22, which issued two
CRITICAL violations against University of Illinois Urbana-Champaign. The first CRITICAL
violation states:

2.33(b)(3) Attending veterinarian and adequate veterinary care.

On 01/27/2022, under Protocol #20087, an approximately 2-month-old female New Zealand rabbit
(#22R002) was found to have a purple bruise on its right hindlimb, at the start of a scheduled
procedure. The attending veterinarian was not consulted at this time. The procedure was completed,
and upon further observation, the rabbit was non-weight bearing. Care by the attending
veterinarian was then sought, and the rabbit received veterinary medical treatment, was diagnosed
with a fracture and then euthanized on 1/28/2022.

Failure to report information of animal health in a timely fashion to the attending veterinarian can
result in further harm for the animal’s health and well-being.

A mechanism of direct and frequent communication is required so that timely and accurate
information on problems of animal health, behavior and well-being is conveyed to the attending
veterinarian.

This violation in which an infant rabbit was so brutally mishandled as to cause a broken bone is worthy
of a fine in and of itself. I am concerned that this warning demonstrates the USDA's disregard for the
sanctity of this rabbit’s life. This was not a broken test tube to be discarded. Rabbits are vertebrate
mammals whose life matters to them. Issuing nothing more than a warning for this death clearly
demonstrates that the life of this rabbit does not matter to the USDA. It is as though the staff of this
lab failed to sign a report filed with the USDA, instead of injuring an animal so brutally as to require
euthanasia.

1081-B State Route 28 #280 Milford, OH 45150 513-575-5517 www.SAENonline.org

Additionally, the text of this violation does not discuss the most obvious question. This rabbit was
seriously injured before the procedure in question began, and the veterinarian was not consulted to
treat the injury when it was discovered. How did this injury occur in the first place?

Other facilities have been cited under 2.31(c)(4) Institutional Animal Care and Use Committee
(IACUC) because the IACUC of the laboratory in question did not perform an investigation to see
how a serious animal injury occurred. Absolutely nothing is discussed about how this injury happened
in the first place. Therefore an additional violation was missed, and should now be issued.

The second CRITICAL violation against University of Illinois, Urbana-Champaign (33-R-0029),

under Sec. 2.38 Misc (f)(1) Animal Handling states: On 11/10/2021, under Protocol #20182, a 6-
month to 1-year-old intact female sheep (#IL6123F and ILL059) died during a veterinary teaching
class within which first-year veterinary students were practicing venipuncture. The supervising
instructor had noticed that one group of students handling the sheep in question was having trouble
keeping the sheep restrained and the students were trying another restraint procedure. According to
personnel present, the instructor agreed the students could try a different restraint for the sheep,
given the sheep was observed to be rambunctious and it was the end of the class, but the sheep
continued to fidget so they did not continue the attempts at venipuncture. After the instructor
assisted with the blood draw, the sheep in question was observed not doing well and then was dead
within a minute or less. At the time of the class, the protocol had specified that animals will be
marked with chalk or a paint stick each time venipuncture is performed so that limits are not
exceeded, yet no marks were made on the animal’s body, according to personnel present.

This is a failure not only of Animal Handling, but also of insufficient supervision of the procedure by
the staff teaching this class. In fact, the text of this violation states that the proper protocol for this
animal use was not followed. Failure to follow protocols correctly violates 2.31 Institutional Animal
Care and Use Committee (IACUC). Therefore, a second violation should have been assessed in
relation to this incident as well. This is especially true because if the protocol had been followed, it is
probable that this sheep would not have died.

And so, I am not only protesting the inappropriateness of issuing only a Warning against the University
of Illinois, Urbana-Champaign (33-R-0029), I am also filing a Federal Complaint because the
inspector missed two violations.

I am calling upon your office to open a new enforcement case relevant to these previously unissued
violations. At the conclusion of your investigation, you must prosecute the University of Illinois,
Urbana-Champaign (33-R-0029) to the fullest extent of the law, assessing a penalty of $10,000 per
infraction/per animal.

I expect that your office will reply to this correspondence within five business days.
Sincerely,

Michael A. Budkie, A.H.T.,

Executive Director, SAEN

Attachments: 1 USDA Warning, 1 USDA Inspection report

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