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Lest anyone be left with the impression that the University of Iowa has nothing going on but binge drinking undergraduates and athletes subject to arrest, take a look at this sample @Iowa newsletter for August, 2008 ("a monthly email newsletter of Iowa news summaries prepared through a joint effort of University News Services, the UI Alumni Association, and the UI Foundation"), the University's national standard "College Portrait," and "Random Thoughts on Law School Rankings."
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University of Iowa Sexual Assault Controversy -- 2007-08
First Posted August 9, 2008; additions/revisions Aug. 10, Aug. 12, Aug. 14, Aug. 17, Aug. 20, Aug. 21, Aug. 29, Aug. 31, Sept. 11, Sept. 13, Sept. 17, Sept. 18, Sept. 19, Sept. 20, Sept. 23, Sept. 24, Sept. 25
Explanatory Note: During the early morning hours of October 14, 2007, a football player, or players, are alleged to have sexually assaulted a UI female student. How UI administrators responded became the subject of a Regents' investigation. Subsequently, a letter purporting to have been written by the mother of the alleged victim on November 19 came to light around July 19, 2008. Its contents were starkly at odds with the findings of the Regents' investigation. The Regents ordered a second investigation, this time by a private law firm, with its report due September 18, 2008. Meanwhile, a criminal trial involving two football players was scheduled for November 3, 2008. Actions by a local paper, the Iowa City Press-Citizen, involved requests for documents, and indexes of documents, from the Johnson County Attorney and the University of Iowa.
Given the widespread media and public interest in these events, what was initially a blog entry (and is now this Web site) is designed to bring together in one place what is believed to be the most thorough collection of related and relevant material (either in text or by way of links) available anywhere on the Internet.
The material first appeared in the Blog, FromDC2Iowa.blogspot.com, as the single blog entry, Nicholas Johnson, "UI Sexual Assault Update," July 19-August 9, 2008. Initially it was thought there would be no more than three or four days of stories, and that it would be helpful to readers to be able to access all references in a single entry rather than to have to search in multiple days' blog entries. As the story continued, however, its contents soon expanded beyond reasonable lengths for a single blog entry. Accordingly, on August 9, 2008, a notice was posted within it and the contents were reproduced here as a Web page. In the future, to the extent information of sufficient relevance becomes available, it will be added here rather than in the blog entry.
The "Table of Contents," such as it is, provides some indication of the stories and other material entered each day. It is immediately below, and is arranged in chronological order (that is, from July 19, 2008, through the present). Because it was created as a blog entry over multiple days, however, the material itself is in reverse chronological order, that is, most current on top, going on down to the very first entries.
Because there are only a few internal links within this Web page, the most useful way into the material is by way of most browsers' "Edit" and then "Find" commands. You can search by persons' names, dates of entries, documents, and so forth.
# # #
"Table of Contents"
July
19, 2008, 11:00 a.m., 12:55, 3:55 p.m. (addition of text of
mother's
letter), 5:50 p.m. (first crime by Hawkeye football
player in the new fall season);
July 21, 2008, 1:30
p.m., 7:30 p.m. (Regents to meet soon over letter/s), 8:20
p.m. (Press-Citizen's 26 questions);
July 22, 2008, 7:00
a.m. (Tim Dwight's comments, Regents' President Miles "two questions,"
other updates), 9:00 a.m. (link to full text of Tom
Evans report to Regents last month), 12:15 p.m. (Regents'
agenda item), 1:40 p.m. ("My
Take" on all this), 4:25 p.m. (Mason apologizes),
9:25
p.m. (Barta's statement);
July 23, 2008, 8:15
a.m. (papers' wrap up stories; my conclusions);
July 24, 2008, 12:35
p.m. (Ferentz breaks silence, answers nothing; mother's second
letter revealed; advisory committee's process unclear; trial date -- coincidence?;
events bring State29 briefly out of retirement), 2:15, 6:45 p.m.
(additions to "July 24" section, below);
July 25, 2008, 7:45
a.m. (President Mason's involvement in Purdue controversy; P-C
has more questions), 8:45 a.m. (more from Ferentz),
9:30
a.m., 12:20 p.m., (President Mason and Coach Ferentz veer from
"That's my story and I'm sticking to it" and begin revelation of details),
4:10
p.m. (Mason didn't read UI's reports; Parrish says UI denied
his client a lawyer);
July 26, 2008, 7:30
a.m. (how to prevent a train wreck);
July 27, 2008, 8:25,
9:15, 10:00 a.m. (Pierre Pierce revisited, Tom Evans' Report,
Regents' search, Gazette continues praise of football players & UI
President);
July 29, 2008, 7:30,
8:50 a.m.
(Regents pick Stolar firm as investigators; inherent
conflict for Regents; mother says first investigator never contacted
them; accused's lawyer going after alleged victim; UI's lax alcohol control
produces another top party school ranking);
July 30, 6:00 a.m.,
5:30 p.m. (Skolar reviewing Regents' investigation; legislature may
get involved; Ohio State 24, Iowa 1; pay for Skolar firm; scope of investigation;
judge says UI can give Regents subpoenaed documents);
July 31, 5:30 a.m.,
3:30 p.m. (UI to pay Skolar; UI's alcohol tolerance increases
crimes; Parrish wants room photos; players ask "why is this happening?");
August 1, 2008, 5:20
a.m. (Iowa Legislature enters case; Gazette questions need for
outside counsel);
August 2, 2008, 7:20 a.m. (hearing
on UI documents; who pays Skolar?);
August 3, 2008, 8:45
a.m. (the high price of over-emphasis on sports goes well beyond
the criminal court system);
August 4, 2008, 7:25
a.m. (Iowa as "Party State," constructive suggestions),
6:00
p.m. (Parrish wants bill of particulars; Ferentz wants to change
subject);
August 5, 2008, 7:30,
8:20 a.m., 3:00 p.m. (Ferentz didn't consider dorm room "crime
scene," three Iowa coaches say Satterfield "not guilty");
August 7, 2008, 7:10
a.m. (what's Regents' "governance model"?; put President Mason
evaluation on hold awaiting second investigation; how military handles
rape issues);
August 8, 2008, 9:20
a.m. (judge orders documents index; UI president review on hold;
former Johnson County Attorney's view)
August 10, 2008, 8:00
a.m. (Register's overview of UI's EOD office responsibilities and process)
August 12, 2008, 10:00
a.m. (another athlete arrested)
August 14, 2008, 9:00
a.m. (trial to be postponed; all UI faculty to take sexual harassment
training)
August 17, 2008, 11:50
a.m. (defendant and alleged victim exchanged text messages; defendant's
lawyer wants bill of particulars; Forbes no UI friend)
August 20, 2008, 3:00
p.m. (alleged victim, family, finally interviewed; Gov. Chet Culver's
staff reaction to case; UI President Mason opposes lowered drinking age;
Register questions her performance)
August 21, 2008,4:00
p.m. (accused's lawyer objects to reference to "victim")
August 29, 2008, 4:45
p.m.
(defendant's lawyer seeks suppression of accused's "involuntary
confessions")
August 31, 2008, 7:00
a.m. (Register's report of athletes, coaches, university administrators,
lawyers, victims, accused, and the impact of media coverage)
September 11, 2008
6:00 a.m (Press-Citizen gets requested "index" of withheld documents;
lawyers differ on severing issues, defendants, in forthcoming trial)
September 13, 2008
11:30 a.m. (Stolar report, Regents meeting, Pres. Mason review, Judge
wants defendants)
September 17, 2008
9:00 a.m. (index reveals 3200 pages documents; some turned over, 10
months late, many still withheld; revelations of UI officials' concerns
about procedure used; UI paid public relations consultant for advice on
handling case; UI to have week or more to repond to Stolar report; with
a couple basic documents)
September 18, 2008
3:15 p.m. (Stolar Partnership Report to Iowa Board of Regents)
September 19, 2008
8:00 a.m. (commentary on Stolar Report)
September 20, 2008
7:00 a.m. (commentary and links to stories about presentation to Iowa
legislators and calls for firings)
September 23, 2008
8:00 a.m. (another Hawkeye arrested; Mills and Jones staying home;
UI prof takes UI Pres to task; the case for victim advocates)
September 24, 2008
9:00 p.m. (nine stories, mostly relating to Mills and Jones dismissals
and related issues; also court approval of Pierre Pierce, on probation,
leaving Iowa to play basketball in France)
September 25, 2008
8:00 p.m. (Regents meeting; Mason's pay raise; Athletic Department's
lying basketball ads; Mills and Jones hire lawyers; former American Council
on Education general counsel says UI to face wrongful termination liability;
Stolar's playing defense; is Mason just "good soldier" for Regents?)
# # #
Daily Entries September 25, 2008
Which Would be Worse? [9:50 a.m.. Brief, early
report on Regents' meeting consideration of Stolar Report, just concluded
(as the Board went into closed session, as predicted, for the final session
evaluating the performance of President Sally Mason with regard to those
events): As predicted, Mason began with an apology, following which no
criticism was leveled at Mason. The Board approved a resolution essentially
adopting the proposals of the Stolar firm. Discussion of whether the crime
of rape should always be reported to the police by UI officials (as distinguished
from the alleged victim being required to press charges) was postponed.
The athletic department was proclaimed to be exemplary.
The Gazette's
running blog/textual notes
of meeting are posted. Here's the Register's early report of
the session: Lee
Rood, "U of I president to regents: We'll do better," Des Moines
Register, September 25, 2008; and "Mason
Apologizes to Alleged Victim, Family," Iowa City Press-Citizen,
September 25, 2008.
11:45 a.m. Mason's Pay
Raise: The Regents, as predicted, held UI President Mason's base pay
steady, while giving her more money, thereby assuring headlines like the
Press-Citizen's: "Mason
Gets No Raise in Base Pay," Iowa City Press-Citizen, September
25, 2008. How does that work? Well, the base pay is a mere $450,000 a year.
Given the high cost of living in Iowa City, where a football coach needs
at least $2-4 million a year to survive, the University president requires
both an additional "deferred compensation" package of $60,000 a year (more
that a good many university employees get for their "entire compensation"
package), plus an "incentive package." Although an incentive to what has
never been defined by the Board, she was awarded the $50,000 for the first
year automatically -- so we have to presume the way she handled the sexual
assault was a part of what the Regents were trying to provide an incentive
for her to do. Moreover, although the Board has still left undefined what
it will be paid for, the incentive has nonetheless been increased
from $50,000 to $80,000 a year -- on top of the $60,000, on top of the
$450,000. Never mentioned, as is the usual practice with public disclosure
of the pay packages of CEOs in the top 1% of the nation's wage earners,
are such things as the value of the free housing in one of Iowa City's
grandest homes, car and other travel allowances, additional expense accounts,
retirement, health and other benefit packages, and so forth.]
So, what happened yesterday?
Oh, not much, just . . .
o UI Vice President Phil
Jones -- a 40-year employee who was planning on retiring next spring anyway,
and was peremptorily fired Tuesday -- is appealing that decision to the
Board of Regents as "wrongful termination," and released through his lawyers
a statement of the reasons why, e.g., "It is indeed ironic that
Phillip E. Jones is being terminated and criticized for failing to act
when the university's athletic department was doing everything in its power
to keep this matter 'informal' and prevent the dean from acting on a formal
complaint based on an EOD investigation."
o The letters from President
Mason to Jones, his lawyers' letter to the Board of Regents, along with
a number of attachments, are
now available online.
o "Sheldon Steinbach, a Washington,
D.C., lawyer and former general counsel for the American Council on Education,
said he had read the Stolar report and believes Jones and Mills were scapegoats,
fired to protect Mason's job and to move on from the controversial story.
. . . Steinbach said he believes the university has exposed itself to wrongful-termination
lawsuits."
o UI General Counsel Marc
Mills -- a 20-year employee who was also fired Tuesday, and who sent a
10-page letter of protest to the UI president and Regents -- has now hired
his own lawyer.
o James Bryant, the Stolar
lead investigator, has been thrown into defensive mode as he endeavors
to respond to Marc Mills' criticisms of the firm's Stolar Report.
o The University, and the
Board of Regents, are both refusing to release a copy of the Mills' letter
to the media notwithstanding the media lawyers' assertion it is a "public
record" under Iowa law that cannot legally be withheld and that "Mills
said Wednesday that when he sent the memo he gave permission for it to
be made public."
o Mark Schantz, a former
UI General Counsel (1992-2005), says Mills was "thrown under the bus."
o Meanwhile, before resolving
any of the above, the Regents are going ahead with their special meeting
today to review the University's response to the Stolar Report, and to
conclude this portion of their review of President Sally Mason's first
year on the job. (It should be available in streaming video from the Des
Moines Register and The Gazette
sites -- unless, of course, the Regents insist on closing the meeting to
the media and taxpayers, as is a possibility.)
o A blockbuster buried in
Brian Morelli's story is "I believe the decision was made by the regents,
at least in the case of some, before they even saw the report," he [Mark
Schantz] said." Of course, I cannot know (a) if Schantz said that (I wasn't
present when he was interviewed), or (b) if his assertion is true. How
could I know? But neither do I have any reason for believing that it's
not true. And it is confirmed in some ways by former UI interim President
Gary Fethke, who supports President Mason's firing of Jones and Mills:
Source for quotes: Brian
Morelli, "Jones appeals to Board of Regents; Says AD officials tried to
keep assault allegations informal," Iowa City Press-Citizen,
September 25, 2008, p. A1.
And see, Editorial,
"More Questions to Answer, More Policies to Fix," Iowa City Press-Citizen,
September 25, 2008, p. A9 ("Suddenly, rather that having faith in the Stolar
report's conclusions, we're experiencing a new round of he said/she said.");
Lee
Rood and Erin Jordan, "New lawsuit, firings face Mason amid work review,"
Des Moines Register, September 25, 2008 ("Sheldon Steinbach, a Washington,
D.C., lawyer and former general counsel for the American Council on Education,
said he had read the Stolar report and believes Jones and Mills were scapegoats,
fired to protect Mason's job and to move on from the controversial story.
'In the heat of passion, with the spotlights of the media and public on
you, the easiest thing to do is fire somebody,' Steinbach said. 'It's a
desire to smooth the water and get off the front page of the newspaper.
That's all fine except for the people summarily executed.' Steinbach said
he believes the university has exposed itself to wrongful-termination lawsuits.").
Commentary: Which Would
be Worse?
Why do I say those quotes
from Schantz and Fethke constitute a blockbuster?
One of the biggest, and so
far largely unaddressed, issues in all of this is yet another "which would
be worse?" dilemma.
Earlier, in Nicholas
Johson, "Rational Responses to Stolar and Global Finance," September
20, 2008, I wrote "Would it be worse that neither the University president,
nor anyone else in administrative positions, has thought to review its
organizational structure and procedures for handling football players'
sexual assaults over the past six years? Or would it be worse that a review
was conducted during President Mason's first year in office but no one
thought of any of the obvious remedies proposed by Stolar?"
Now we have another.
Was President Sally Mason,
in effect, ordered by one or more members of the Board of Regents to fire
Marc Mills and Phil Jones? If so, that would of course raise all kinds
of governance questions about the propriety of the Board intervening in
that way, questions I've written about so often and at such length that
I'm not even going to provide the links to those discussions once again.
But put those serious concerns
aside for a moment and focus on President Mason.
Let me preface this discussion
by noting that my former beloved University of Texas Law School Dean, Page
Keeton, made quite a reputation for himself standing up to a very tough
Board of Regents, threatening to resign over matters of principle when
he thought they'd stepped over the line. He never had to resign.
Now let us consider which
would be worse: (1) That President Mason, after one year on the job, personally
and unilaterally chose to peremptorily fire two University vice presidents
with more than 60 years service to the university between them -- over
a matter that has far more to do with the University's organizational structure
and procedures (and football culture) than the behavior of any given individual
(as even the Stolar Report concedes) -- or that, (2) being inappropriately
told to do so by the Regents, she simply "followed orders" and took actions
she knew to be wrong and did not personally support, rather than standing
up to the Regents and threatening to resign if they persisted?
As Senator Joe Biden said
in Iowa City during the primary season, "There are some things worth losing
elections for." Well, there are some things worth losing one's job for.
This may very well be one.
Permit me to note that I
have not joined the chorus of those suggesting that firings are the answer
to this -- firing some regents, the UI president, the football coach. I
haven't suggested anyone be fired.
But I would note that a common
response of those who defend the firing of Mills and Jones in the face
of the assertions of others that this is not the way we handle such things
(e.g., Mark Schantz, above: "I haven't heard of anyone being summarily
dismissed short of a felony") is to cite cases of firings at other universities.
For example, The Gazette
concludes its story this morning,
And Eastern Michigan University
lost three leaders, including the president, over the handling of a rape
and murder of a student in 2006. I would simply note that
at least in each of these two cited cases the university president
was also fired. (And see the comments of Sheldon Steinbach quoted in the
Register's
story by Rood and Jordan, above.)
Iowa Athletic Department's
Lying Basketball Ads
. . . And there's more to
this blog entry, because the Athletic Department has been ruled out of
bounds once again in a major way with regard to a series of decisions totally
unrelated to this mess. Having been found by Stolar and the Regents to
have behaved in an exemplary fashion when handling football players charged
with sexual assault, it's now time to move on to the next allegation.
The UI Athletic Department,
having long since decided to give the NCAA a poke in the eye with a sharp
stick and continue the football program's ties to organized gambling by
advertising to students and fans a local gambling casino on its enormous
scoreboard at the Kinnick football stadium, while the casino's high rollers'
package deal includes game seats in a luxury Kinnick skybox with an alcohol
service (forbidden elsewhere in the stadium), has now decided that as an
alternative to actually winning basketball games it might simply lie about
having won games in order to sell tickets.
Iowa's second full-page ad
featured a picture of Hawkeye guard Jeff Peterson, claiming his steal against
Illinois sparked a 14-0 run. There's a problem with that one, too. Peterson
played against Illinois but was not credited with a steal, and Iowa never
had a 14-0 run.
Rick Klatt, the director
of Iowa's marketing department and an associate athletic director, told
The Gazette that neither ad was a mistake. He said the ads are fictional
examples of how "slam dunk" and "steal" can be used in a sentence. . .
Steven Helle, a journalism
professor at Illinois and an Iowa grad himself, sent an e-mail to Iowa
President Sally Mason to complain about the ads. . . .
"To defend a slam-dunk that
never happened not only as not a mistake but merely as 'an example of how
the word 'slam-dunk' could be used in a sentence' turned my stomach. He
added disingenuousness to prevarication." . . .
Bourne Morris, a journalism
professor at Nevada, had similar thoughts. He teaches advertising and media
ethics and spent 25 years in advertising in New York and Los Angeles.
"Writing a false story in
an ad injures the credibility of the Iowa sports program and may make folks
wonder what other bits of 'information' they made up, or might make up,
just to sell tickets," he wrote in his e-mail to The Gazette. . . .
Sam Becker . . . served as
chairman of the department of communications studies, wrote six textbooks
and is the Samuel L. Becker whose name appears on the Communications Studies
Building at Iowa. "I think it's a mistake to mislead people," he told The
Gazette, referring specifically to the ads. He does not agree with Klatt's
explanation. "I think he's wrong. I think especially at a university they
should be truthful," Becker said. September 24, 2008
Diane
Heldt, "Committee Cites 'Lapses' in UI's Handling of Sexual Assault,"
Gazette Online, September 19, 2008.
"Assault
victim's name inadvertently made public," Gazette Online, Updated
September 19. 2008 10:27PM
Diane
Heldt, "UI's Mills responds to being fired; Jones defers comment; Mason
Fires Two Administrators," Gazette Online, Updated September
23, 2008 10:08 p.m.
Editorial,
"Mason must clean up U of I's image," Des Moines Register, September
24, 2008 ("When the alleged victim's mother called Mason, Mason reportedly
told the mother she 'didn't typically handle these things.' That leaves
the impression she was out of touch. But when someone runs the state's
largest university, earning a half-million dollars a year, she is expected
to come to the job ready to handle any situation from day one. She can't
be out of touch -- or perceived as being so. And now, she has no choice
but to 'handle these things.'").
Tom
Witosky, "Justices: Pierce can go to France; But the Iowa attorney general's
office filed an appeal Tuesday," Des Moines Register, September
24, 2008 ("Pierce served nearly a year in prison after pleading guilty
to charges stemming from his assault of a former girlfriend in January
2005 in West Des Moines. Pierce has two years left on four years of probation
from a burglary charge. That was part of a plea bargain in which he also
pleaded guilty of assault with intent to commit sexual abuse, false imprisonment
and criminal mischief. Those charges resulted in Pierce being dismissed
from the Hawkeye basketball team. It was the second time he was convicted
of assaulting a woman during his years as a basketball player at Iowa.
. . . Basketball player Pierre Pierce won a round in the Iowa Supreme Court
on Tuesday, but the Iowa attorney general's office is still fighting to
keep him in the United States while he's on probation. A three-member panel
of Iowa Supreme Court justices on Tuesday morning issued a ruling that
would allow the former University of Iowa Hawkeye to go to France, where
he hopes to play professional basketball this season.").
Erin
Jordan and Lee Rood, "Assault probe fallout: U of I fires 2," Des
Moines Register, September 24, 2008 ("Mills said Tuesday night that
he thought he had been unfairly singled out in the Stolar report. 'I believe
I handled the matter to the best of my ability under the circumstances,'
he said. Mills disagreed with the Stolar report's assessment of his actions.
He said he did not have a conflict of interests in acting as U of I general
counsel and serving as liaison with the alleged victim's family. Mills
said investigators did not allow him to give his version of six phone conversations
he had with the alleged victim's father. He also disagreed with the law
firm's assessment that he should have asked a judge to permit the U of
I to release documents pertaining to the report. 'I'm disappointed that
the president and the regents didn't have an opportunity to get a fuller
view,' Mills said. He said he gave Mason his response to the report Tuesday
morning and learned via letter that afternoon that he had been fired. .
. . Dr. Amir Arbisser of Davenport, a regent from 2001 through 2007, said
he regretted the board's loss of Jones and Mills, whom he described as
'excellent individuals.' But Arbisser also said that 'it appears circumstances
got out of control, and that there is an expectation that the people who
are administrators have to adhere to certain rules.' He added: 'I do regret
the loss of both individuals who served the university so well.' . . .
David Ridpath, a former wrestling coach at Ohio University and past president
of the Drake Group, a national nonprofit group that advocates for reforms
in college athletics, said he didn't think Jones and Mills were "the only
ones with dirt on their hands.' . . . The dismissal of two top administrators
is unprecedented in the University of Iowa's recent history, one regent
said Tuesday. 'I can't recall anything that has reached this high up in
the institution,' Downer said.").
Marc
Hansen, "U of I's lesson is to tend to the victim first," Des Moines
Register, September 24, 2008 ("The first and fatal mistake at the University
of Iowa, going back almost a year now, was failing to grasp -- again --
the seriousness of the situation. . . . The first obligation shouldn't
be to hide information or shift into damage control. The first obligation
is to look after the needs of the victim and make sure the residence halls
are safe.").
Brian
Morelli, "Mason fires Mills and Jones; Officials refused to resign,"
Iowa City Press-Citizen, September 24, 2008 ("Mills said he did
not think he should have been fired and said he wrote a 10-page detailed
response contesting allegations against him, which he gave to Mason and
the Iowa state Board of Regents on Tuesday morning. He was fired in the
afternoon, he said. 'I think that I am being unfairly singled out, yes,'
Mills said. 'I have serious fundamental disagreements with some aspects
of the Stolar report, particularly with regards to my role in it.' Jones
declined comment. 'I don't want to duck you, but I don't want to say anything
at this time. I will be saying something but not at this time,' Jones said.
. . . On Tuesday, Mason downplayed her role in the case saying she trusted
her senior advisers. 'I am disappointed, ashamed, embarrassed for how this
case was handled,' Mason said. 'I was two-and-a-half months on the job.
I trusted my senior advisers to be doing what was supposed to be done.
I followed as closely as I could." . . . Mills contested the allegations,
saying that UI decided not to turn over the documents because they thought
the family did not want them to and because the family did not want the
letter to become public. Mason said she thought hard about what her options
were before deciding Mills and Jones should part ways with UI. 'I thought
extremely hard and talked with Marc Mills and Phillip Jones about what
their plans might be and gave them the opportunity to resign,' Mason said.
Mills said he declined to resign because he thought he had acted properly.
'I felt for my own personal integrity I would be unable and unwilling to
resign without presenting my side of the story,' Mills said. Mills said
Tuesday that he could not answer whether he would seek re-employment at
UI if officials concur with his version of events or if he would seek any
legal action against UI, the regents or Stolar.").
Brian
Morelli, "Mills says Mason knew what was happening," Iowa City Press-Citizen,
September 24, 2008 ("University of Iowa President Sally Mason was aware
of how an alleged sexual assault investigation was being handled, a former
UI executive said. Marcus Mills said, "Yes, absolutely," when asked Tuesday
if Mason knew what was happening in the investigation. . . . Mills said
he and Mason initially discussed student privacy concerns regarding the
letters, but ultimately that did not preclude them releasing the letters
to the regents. The letters were not turned over because the regents didn't
ask for documents during its investigation and because 'we had the perception
that whoever sent the letter, the family, did not want it to go to the
regents and did not want it to be made public,' Mills said. Mills said
he and Mason received a letter from UI public safety director Chuck Green,
which Mills said he took to indicate Mason was aware of the family's concern
about the letters becoming public. Mills declined to comment further on
this. Mills rejected his portrayal in the report as having the lead role
in UI's investigation of an alleged sexual assault that involved two former
UI football players Oct. 14, 2007, in Hillcrest Residence Hall. 'I didn't
feel that I was overseeing the investigation. There wasn't an investigation
in that sense. Different departments were heading up different aspects
of the investigation,' Mills said. Mills also said Stolar failed to ask
for his version of certain events and omitted parts of his testimony from
their report, such as his side of conversations with the alleged victim's
father. Mills also said UI's actions were affected by county attorney subpoenas,
the criminal case against the former UI football players and a lawsuit
filed by the Iowa City Press-Citizen. 'I think I handled this to the best
of my ability with integrity under the circumstances,' Mills said.").
September 23, 2008
"Iowa
linebacker suspended for 4 games," Iowa City Press-Citizen,
September 22, 2008 ("Iowa football player Dezman Moses was suspended for
four games after being arrested early Sunday for public intoxication. Iowa
City Police arrested Moses, a 19-year-old sophomore linebacker from Willingboro,
N.J., at 2:15 a.m. Sunday at The Union Bar, 121 E. College St.").
Kembrew
McLeod, "Recent events at UI embarrassing, disgusting," Iowa City
Press-Citizen, September 22, 2008 ("Sally Mason and her administration
sent a signal that UI cares more about its precious cash-generating sports
teams than the health and safety of its female students. These signals
trickle down to students. For instance, after UI recently beat Iowa State
in football, I overheard two drunk guys in downtown Iowa City joking that
they didn't care how many women the football team rapes, as long as it
keeps winning. There are a lot of things about the university that should
make us proud, but everything about this most recent series of events makes
me sad, embarrassed and disgusted.").
Guess who's not coming to
dinner: Erin
Jordan, "Regents, Mason to discuss probe; Two U of I officials who handled
the assault report weren't invited," Des Moines Register, September
23, 2008 ("'This is basically a meeting to finish up President Mason's
evaluation and to hear her response to the Stolar report,' said [a UI spokesperson],
who added that Jones and Mills 'don't routinely go (to regents meetings).'
Mason will attend the meeting with Provost Wallace Loh, Vice President
for Finance Doug True and Mark Braun, the U of I's state relations officer
. . .."). Brian
Morelli, "Mills, Jones to skip regents meeting," Iowa City Press-Citizen,
September 22, 2008 ("Two embattled University of Iowa officials will skip
a meeting this week where UI President Sally Mason will answer for their
and others’ actions during a sexual assault investigation . . . Vice President
for Student Services Phillip Jones and Vice President for Legal Affairs
and General Counsel Marcus Mills. [They] will not accompany [UI President
Sally] Mason to an Iowa state Board of Regents meeting in West Des Moines
on Thursday, . . .. Mason has asked Provost Wallace Loh, Vice President
for Finance Doug True and UI’s State Relations Officer Mark Braun to join
her at the meeting . . .."); hardcopy: "UI's
Mills, Jones Won't Attend Regents Meeting," Iowa City Press-Citizen,
September 23, 2008, p. A1 ("Mason told the regents in July after the letters
surfaced that documents were withheld because of a misinterpretation of
federal student privacy laws. Mason relied on Mills for that information
. . .. However, Stolar officials said Mills offered no explanation or legal
precedent during their investigation for not turning documents over to
the regents other than that he made a mistake. . . . The regents have withheld
assessments about the report so far. During Thursday's meeting, they also
are expected to conclude Mason's performance review, which has been postponed
pending the outcome of the Stolar report. Mason earned $560,000 last year,
her first at UI.").
Editorial,
"University Must Provide Trained Victim Advocates," Iowa City Press-Citizen,
September 23, 2008, p. A9 ("[A]dvocates would be the only people, other
than the victim, who would see the process through from beginning to end
. . . charged with ensuring that the investigators and the accusers don't
speak past each other. They would be able to recognize and to mediate any
irrational bureaucratic turf wars. They would help calm what otherwise
might build into the type of 'perfect storm' the special counsel was called
in to investigate.").
September 20, 2008
Commentary:
"'The Case for Mills and
Jones'?!" you exclaim.
Well, yes and no.
No, I'm not defending the
behavior of either as presented, and criticized, in the Stolar Report.
But I did get your attention, didn't I? And, yes, I don't think peremptory
firings are appropriate -- for the reasons set forth below.
Normally I find myself in
agreement with much that appears on the Register's editorial page from
its editorial board and columnists. But this morning, see below, they went
to bat twice and struck out both times in my opinion when they suggest
that Mills and Jones should be fired and that it is the Regents
who should be drafting new procedures.
A desire for self-preservation
is only human. But it often interferes with our ability to understand systemic
institutional failures when the most popular response is to scapegoat someone
-- other than oneself, of course.
o Ralph Nader was not the
sole (or even primary) reason for the failure of the Democratic Party's
presidential campaigns in 2000 and 2004.
o And Marc Mills and Phil
Jones were not the sole reason for the University of Iowa's disorganized
and chaotic response to the alleged sexual assault of last October 14. And, as he so often does,
the Press-Citizen's classy editorial cartoonist, Bob Patton, captures it
with a stroke of his pen this morning under his heading of, "The Heat is
On." [Credit: Bob Patton and the Iowa City Press-Citizen, September 20,
2008, p. A21.]
The drawing shows the "Stolar
Partnership" "Investigation into U.I. Handling of Sex Assault Case" as
a magnifying glass focusing the heat -- like a small boy using a magnifying
glass to cremate ants on a summer's day -- on Mills and Jones, while UI
President "Mason" and "Rest of UI Administration" stand on the shady sidelines.
So, what's wrong with focusing
on Mills and Jones?
1. It's unfair. As
The Gazette acknowledges, and Patton portrays, there's plenty of blame
to go around to all of those "too many university leaders."
2. Orderly and balanced
personnel review. The Regents set the example: President Mason's performance
review was bifurcated, as the Regents first considered (on September 17)
her accomplishments and failings separate and apart from her handling of
this sexual assault case, and will subsequently consider the latter.
Every employee's performance
can be reviewed periodically. And when Mills and Jones next come up for
review they should be entitled to no less consideration than President
Mason: how they performed with regard to this case (however seriously deficient
it may, ultimately, be found to be) should be considered within the context
of their overall performance.
Peremptory dismissals --
the petulant, retaliatory, scapegoating firing of employees -- are as counterproductive
as they are inappropriate and unfair.
3. The back story.
Neither Marc Mills nor Phil Jones have had an opportunity to fully and
candidly tell their side of the story.
Is it possible that Mills
was not on a "frolic
and detour" of his own, but was in fact doing either what President
Mason directly told him to do, or what he assumed, based on prior experience,
she would want him to do? Is it possible that Jones had a prior
experience with the football culture that permeates the University, and
experienced what happens to those who dare to challenge it, and knew it
would be counterproductive as well as personally risky to challenge the
Athletic Department's "informal procedure" in this case?
I'm not suggesting for a
moment that either -- or other possible scenarios -- are true. How could
I know? All I'm suggesting is that there may be some explanations for their
behavior other than the knee-jerk conclusion that "both are ignorant, incompetent,
unfeeling SOBs who must be blamed for all that happened and peremptorily
fired."
And note that both are "damned
if they do, and damned if they don't" reveal their back story.
Based on the refusal of virtually
all administrators to speak to the media about this case and the UI's procedure
for handling it since last October, one possibility is that they've been
instructed by President Mason not to. If that's the case, for them to tell
their side of the story either to the Stolar investigators or the media
-- especially if their story involves putting more of the responsibility
on her -- would not bode well for their continued employment by the University.
And even if they were to wait to speak out until after being fired, that
would scarcely endear them to any potential future employer.
4. "Take
me to your leader." For The Gazette to talk about the University's
"lack of leadership" suggests that the University has a leader. Indeed
it does. It is the President of the University of Iowa. Whatever happened
to "the buck stops
here"?
Patton is right. President
Mason has been given "a base on balls" by Stolar, the media, many members
of the public, and the Regents (so far).
I'm not suggesting "this
is all her fault" -- any more than it is all anyone's fault -- or that
she should be severely punished in some way.
What I am suggesting is that
both (a) in terms of what happened and why, and especially (b) what now
to do about it, the Regents and their universities would have much to gain
by understanding what was, and was not, done by the UI President's office
to review, redesign and refine the University's procedures for handling
sexual assaults by football players both prior to October 14
and since that day.
Especially is this so given
what must have been known by all regarding the University's handling of
the Pierre Pierce case. As the Press-Citizen editorialized this
morning, below, "more than six years after the first sexual assault allegations
against former Hawkeye basketball star Pierre Pierce, the University of
Iowa still hasn't figured our how to handle such situations correctly."
Following October 14, what
"management information reporting systems" did she have in place to track
the Unviersity's handling of the case? What procedures does she have in
place for monitoring not only crises, but the operation of the University
generally?
After all, most of the Stolar
Report's recommendations are kind of no-brainers: crimes should be reported
to the police; alleged victims should have assigned advocates throughout
the process; there ought to be a single office/clearing house; it should
not be the University's general counsel; the function should not be merged
in EOD with its responsiblity for sexual harrassment generally.
That's not to say we're not
in the firm's debt for pointing them out. It's only to say that, once they
do so, one's response tends to be, "Why, yes, of course. And why weren't
we already doing that?"
It's one of those "which
would be worse" choices. Would it be worse that neither the University
president, nor anyone else in admnistrative positions, has thought to review
its organizational structure and procedures for handling football players'
sexual assaults over the past six years? Or would it be worse that a review
was
conducted during President Mason's first year in office but no one thought
of any of the obvious remedies proposed by Stolar?
5. Diversion of focus.
So a final reason why it's a mistake to focus on Mills and Jones is that
it diverts the attention of the public, media journalists and editorial
writers, Regents, and Regents' universities' administrators from the systemic,
managerial and administrative problems that must be addressed if any meaningful
progress is to be made.
Governance and Drafting
the New Procedures
At the top I mentioned two
Register
editorials this morning with which I disagree. The second proposes that
it is the Regents that should draft a new set of procedures for how the
Regents' universities' handle athletes' sexual assaults.
I have written often and
at length about the subject of board governance (board-CEO relationship)
in general, Nicholas
Johnson, "Board Governance: Theory and Practice," and with regard to
the Iowa Board of Regents in particular, Nicholas
Johnson, "An Open Letter to Regents on 'Governance,'" April 17, 2007
(with links to additional material of relevance to Regents' governance).
And I'm not going to repeat all of that here.
The point, in this limited
context, is that under a governance policy in which a board limits itself
to setting what John Carver calls "ends policies" (and the rest of us might
call "measurable goals") (and leaves it to the CEO to select the means
for reaching those ends/goals), creating the specific structures, procedures,
hiring practices and training programs -- or whatever else a CEO might
choose -- for dealing with sexual assaults is the choice of the CEO, not
the Board. The Board focuses on the results produced by the CEO in reaching
the Board's ends/goals -- which constitute both the CEO's "job description"
and the basis for his/her performance evaluation.
That's not to say, in this
instance, that it would be inappropriate for the Board to express its dissatisfaction
with what happened at Iowa this past year, only that the expression of
that dissatisfaction should take the form of "ends policies" rather than
specific procedures.
Moreover, rather than come
up with a one-size-fits-all set of organizational structures and procedures,
the Regents might at least want to consider starting with both present
structures/procedures, and proposals, from each of the three universities.
At a minimum, that kind of approach might come up with some creative ideas
that would otherwise not be considered; and it might just be that there
are very good reasons for having variations between the schools.
Brian
Morelli, "Report: UI officials did nothing despite qualms; Leaders say
UI's reputation is tarnished," Iowa City Press-Citizen, September
20, 2008 ("[On Friday, September 19, Stolar Report lead investigator James]
Bryant and his colleagues from the St. Louis-based law firm, accompanied
by five members of the Iowa state Board of Regents, presented the report
to the Iowa Legislative Government Oversight Committee. . . . Two University
of Iowa officials criticized for their response to sexual assault allegations
thought the investigation was being mishandled [i.e., "that the
athletics department should not be conducting an informal, in-house investigation"]
but did nothing about it, [Stolar] officials . . . said.").
"Legislators
get Stolar report," Iowa City Press-Citizen, September 19, 2008
("Several legislators asked questions of Stolar and the four regents who
were present, but little new ground was broken. But one thing was clear:
The legislators not only want a new sexual assault policy and procedure
to emerge from the current debacle, but they want some repercussions and
penalties as well.").
Brian
Morelli, "Legislator: Iowans will expect dismissals; Lawmaker says state
will want action taken," Iowa City Press-Citizen, September
19, 2008 ("'I think honestly people expect people to be dismissed,' Sen.
Mike Connolly, D-Dubuque, said Friday, noting he was not calling for such
action. 'I think there will be firings over this.'").
Lee
Hermiston, "AD investigation was 'less than thorough,' report says,"Iowa
City Press-Citizen, September 19, 2008 ("The UI Athletic Department
'was also less than thorough in its internal investigation' of the alleged
Oct. 14, 2007, sexual assault involving football players, particularly
regarding the temporarily vacant Hillcrest Residence Hall room where the
alleged assault happened [according to the Stolar Report].").
Editorial,
"Regents, UI need to find a way to move forward," Iowa City Press-Citizen,
September 20, 2008, p. A21 ("The Stolar report released Thursday says that
more than six years after the first sexual assault allegations against
former Hawkeye basketball star Pierre Pierce, the University of Iowa still
hasn't figured out how to handle such situations correctly.").
Editorial,
"First step for Mason: Fire two top officials at University of Iowa,"
Des Moines Register, September 20, 2008.
Editorial,
"Regents Should Revise Policy on Sex Assaults," Des Moines Register,
September 20, 2008.
Lee
Rood, "Legislators take U of I to task for 'lapses,'" Des Moines
Register, September 20, 2008 ("An independent panel's criticism of
two high-ranking University of Iowa officials who mishandled an alleged
rape case has lawmakers questioning whether more than confusing policies
will be changed.")
September 19, 2008
Commentary on Stolar Report:
For the most part, this morning's
[Sept. 19] newspaper coverage of the Regent's meeting and the Stolar Partnership
Report are not significantly different from the online coverage yesterday
-- reports about "The Report." That full document is probably the best
source for anyone really interested in the details. The
Stolar Report [a pdf file uploaded by the Press-Citizen].
Indeed, the Report is so
relatively well done, candid and thorough (while attempting to avoid accusatory
and mean-spirited language, e.g., "no cover-up"), that there is
very little to add to it by way of anyone's commentary, including mine.
(Of course, not everyone bought the "no cover-up" conclusion: "'The general
counsel [Marc Mills] failed to turn over documents for no justifiable reason,'
[Regent Michael] Gartner said, seeking clarification from Stolar. "What
is a cover-up if there was a regents investigation by Tom Evans and there
were relevant documents not turned over for no justifiable reason?' [Stolar
lead investigator James] Bryant replied, 'I don't call it a cover-up, but
it was certainly inappropriate.'" Source: Morelli and Hermiston story,
below.)
So I'll keep it short.
There's one, last line in
the paper this morning that I do not recall seeing in the Report itself:
"'What this case reminds me of is a perfect storm. Everything that could
have gone wrong went wrong,' [Stolar Report lead attorney James] Bryant
said." Brian
Morelli and Lee Hermiston, "Report: UI mishandled assault case; Firm rejects
idea of a cover-up," Iowa City Press-Citizen, September 19,
2008, p. A1.
On the one hand it's a cute
and clever line. But if you think about it, it captures a useful analytical
approach to understanding UI officials' behavior over the past year.
Like the governments' (plural)
response to Katrina, there are often two categories of problems when things
go very, very wrong with an institution's response to crisis: (1) the behavior
of individuals within the system, and (2) the system itself.
1. Individuals' behavior.
In the movie "War Games"
a government official, frustrated over the possibility that someone responsible
for launching a missile might freeze up and refuse to do it, proposes to
"get the human out of the loop."
As long as there are humans
in the loop one can make every effort to minimize ineffective and unbecoming
human behavior, but never successfully eliminate all of it.
Whether picking a president
of the United States or others in positions of responsibility in business,
universities and other institutions, one can look for qualities: common
sense, good judgment and wisdom as well as intelligence, knowledge and
information; an ability to learn quickly ("a quick study") enough about
new responsibilities and bodies of information to enable one to know what
they know, what they don't know, how to frame the questions of experts
to find out, and the ability of a "judicial mind" to hold judgment in suspension
until all the fact are in; a demonstrated capacity for empathy, respect,
compassion and sensitivity for "the least of these" as well as the most
powerful; action based on an awareness of the difference between data and
diatribe, information and ideology; a basic honesty and sense of ethics,
willingness to confess error and change one's mind; an advocate for institutional
honesty, democracy, transparency, and candor -- and so forth. You get the
idea.
The other thing an institution
can do, having hired such people, is to provide them whatever additional
training may be useful.
2. "The system" and procedures.
One of the major tasks for which administrators get the big bucks is proactively
anticipating a variety of possible crises (as well as more mundane day-to-day
challenges and operations), designing systems that will enable the institution
to deal with them most efficiently, effectively and fairly, and then running
drills to make sure they work, and tweaking the procedures so that they
will work better.
Upon discovering years ago
that a major corporation found it could save 30% on its winter heating
bill for an industrial plant by having the employees close a large sliding
door, I was prompted to observe that any bright 10 or 12-year-old could
probably walk through any manufacturing operation that had not been overseen
by a good industrial engineer for the last 5 or 10 years and do equally
well in coming up with savings; the opportunities are so obvious.
Lest you assume I'm disparaging
the quality of the employees, quite the opposite is my intention. Workers
often have much more creative insights when it comes to efficiency than
managers. But they also haven't been asked, have full time jobs that require
all their attention -- and such suggestions for improvements as they may
have offered in the past are as likely to have been rebuffed or ignored
as implemented.
Every University administrator
has, of course, responsibility for their own behavior -- regardless of
the system within which they must function. But it is not the responsibility
of the football coach, or the director of EOD, the University's general
counsel, or the Vice President for this or that, to address, let alone
redesign, the procedures for handling sexual assaults by athletes -- or
others. They have full time jobs operating under the system (or rather
the lack of a system) that is currently in place. Even if they had the
time, they might well have been criticized for undertaking such a redesign,
and been charged with having meddled in something that "is none of their
business."
Nor is this -- under a proper
and effective system of "governance" -- the responsibility of the Board
of Regents. See, e.g., Nicholas
Johnson, "An Open Letter to the Regents on 'Governance,'" April 17,
2007.
Indeed, on August 7 of this
year I wrote:
I have written about the
subject of board governance (board-CEO relationship) in general, Nicholas
Johnson, "Board Governance: Theory and Practice," and with regard to
the Iowa Board of Regents in particular, Nicholas
Johnson, "An Open Letter to Regents on 'Governance,'" April 17, 2007
(with links to additional material of relevance to Regents' governance). Systems design and procedures
are, in the first and last analysis, the responsibility of an institution's
CEO. And whether one's primary concern is for the institution's (and one's
own) public relations, or a genuine compassion for victims, a university's
systems and procedures that deal with sexual assaults by athletes would
seem to be one of the first and most predictable of the potential crises
that could be dealt with proactively by any major American university with
multi-million-dollar semi-pro athletic teams.
So there it is as my guide
as to what to look for while reading through the Stolar Report -- because
it deals with both: Ask yourself, Is this part of the Report dealing with
the (a) behavior of given individuals operating within the current non-system,
or is it (b) describing that non-system, or making recommendations as to
how an appropriate system might be designed? They are, as I've noted, questions
that might equally well be asked with regard to Katrina -- or our current
global financial crisis.
Also this morning: Erin
Jordan, "U of I probe: Errors, no cover-up," Des Moines Register, September
19, 2008.
September 18, 2008
The Stolar Partnership, hired
by the Iowa Board of Regents to conduct a second investigation of
the University of Iowa's handling of an alleged sexual assault last October
14, as scheduled and promised provided its report at the Regents meeting
today. Here
is a copy of that report (uploaded by the Iowa City Press-Citizen
as a pdf file).
For initial newspaper summary/stories:
"Report:
UI Mishandled Probe, But No Cover-Up," Iowa City Press-Citizen Online,
September 18, 2008; and . And see, John
Naughton, "Investigators: Flaws in in how U of I handled case," Des
Moines Register Online, September 18, 2008, 2:01 p.m.
September 17, 2008
Brian
Morelli, "UI releases some documents 10 months after request," Iowa
City Press-Citizen, September 17, 2008, p. A20 ("The Iowa Attorney
General's office, acting on behalf of the University of Iowa, released
785 pages of documents Tuesday -- more than 10 months after some of the
documents originally were sought under Iowa's open records laws. The Attorney
General's office is continuing to withhold another 2,400 pages of documents.
. . . The Press-Citizen filed records requests in November, January and
June seeking related documents. . . . 'I don't understand why UI only released
18 pages to us in December, has fought so hard against our lawsuit and
now, without a judge ordering it to, is releasing some of these documents,'
Press-Citizen Executive Editor Jim Lewers said.").
Lee
Hermiston and Brian Morelli, "UI officials raised questions; Documents
show concern about assault response," Iowa City Press-Citizen,
September 17, 2008, p. A1 ("University of Iowa officials, including the
director of public safety, expressed in notes and e-mails concerns about
UI's internal response . . .. 'My sense is that the parties are perceiving
the process to be slow because Athletics conducted an "informal" investigation,
which is not typical for this type of allegation, and that delayed the
initiation of the formal investigation process,' . . . , assistant dean
for operations and finance in the College of Nursing, wrote in a Nov. 5,
2007, e-mail to Associate Provost for Diversity . . .. 'This is unfortunate
in my opinion, but I am not willing to rush to judgment now in order to
mitigate the effects of this procedural irregularity.'").
Brian
Morelli, "UI used consultant for public response," Iowa City Press-Citizen,
September 17, 2008, p. A1 ("University of Iowa officials relied on a media
consultant for creating its public response to an alleged sexual assault
. . .. UI President . . . , UI spokesman . . . and Steve Allen of Sheehan
Associates in Washington, D.C., developed a three-pronged message or 'triangle
message' for its media approach to the situation, according to an Oct.
22, 2007, e-mail from . . . to Athletics Director . . .. The 'central nugget,'
in this case, according to the e-mail, was 'Our No. 1 priority is doing
what is best for our students.' . . . UI paid about $10,000 for Allen's
visit, and an additional $400 for consulting . . ..").
Lee
Hermiston and Brian Morelli, "Index: Probe yielded 3,200 pages of documents;
UI withholding notes, e-mails, summary, others," Iowa City Press-Citizen
, September 16, 2008, p. A1 ("The University of Iowa withheld hundreds,
if not thousands, of pages documents in response to open records requests
. . .. UI provided an index of more than 3,200 pages of documents it collected
in response to media inquiries to the Press-Citizen on Monday.").
The Press-Citizen
has also provided pdf files of some of the related, basic documents:
(also available as a MS
Excel Spreadsheet)
and Defendant's
Brief Re Documents Sumitted for In Camera Review," Press-Citizen
Company v. University of Iowa, Case No. CVCV068910, Johnson County, Iowa,
District Court September 13, 2008
Lee
Hermiston, "Judge orders ex-Hawks to court," Iowa City Press-Citizen,
September 13, 2008, p. A3 ("Abeberell Satterfield and Cedric Everson have
been told by a judge to personally appear at a Sept. 25 hearing, according
to an order filed Friday by Judge Denver Dillard. The hearing is scheduled
to resolve several motions filed by attorneys for Satterfield and Everson.").
Brian
Morelli, "Regents will call special meeting; Investigation report, Mason's
review on agenda," Iowa City Press-Citizen, September 13, 2008,
p. 3A (The second investigation of the University of Iowa administrators'
handling of the alleged sexual assault of October 14, 2008, contracted
out to the Stolar law firm, is due to be presented to the Board of Regents
-- and presumably the media and public -- as the last item of business
on Thursday, September 17, with a special Regents' meeting for its consideration
to be held sometime later. "The report will detail how Mason and other
UI officials dealt with an alleged sexual assault in October 2007 at Hillcrest
Residence Hall involving UI football players . . . a full day after the
regents begin [UI President Sally] Mason's review, which will be conducted
in a closed session Wednesday afternoon. Mason earned $560,000 this past
year. 'The performance discussion that we are going to have on Wednesday
will be about all other elements of her first year other than the handling
of the sexual assault,' [Regents President David] Miles said.").
Lee
Hermiston, "UI investigation report nearly done; Firm will present findings
to regents Thursday," Iowa City Press-Citizen, September 12,
2008, p. A1 ("[Lead investigator for Stolar Partnership James] Bryant wouldn't
go into what will be specifically addressed in the report, but he said
it will contain conclusions on 'common allegations that have been made
throughout the process by people concerned with the process.' Bryant said
the team relied on the two letters the mother of the alleged victim sent
to UI officials . . . [and] the original regents' report that found UI
responded appropriately to the allegations of assault. That report did
not draw upon any information from the family of the alleged victim or
the letter the mother sent in November. . . . The report is anticipated
to be presented in open session, Bryant said. Regent Bonnie Campbell, who
originally was charged with investigating UI's response, wasn't certain
how the report would be presented . . ..").
September 11, 2008
Lee
Hermiston, "Index provides some insight into UI probe; Investigation included
268 pages of documents," Iowa City Press-Citizen, September
11, 2008, p. A1 (the Press-Citizen's efforts to obtain, if not the
relevant documents withheld by the University and the County Attorney at
least an index of them, has finally produced a court-ordered 12-page index
that provides some revelations of investigations (plural) and who met with
whom and when; the story provides some history of the quest for documents,
what they reveal, and what's yet to come).
Lee
Hermiston, "Attorney Wants Trial Split Three Ways," Iowa City Press-Citizen,
September 9, 2008 ("Des Moines defense attorney Alfredo Parrish filed a
motion and supporting brief Monday [September 8] requesting that Abeberell
Satterfield's charges of third-degree sexual abuse and second-degree sexual
abuse be severed. Parrish previously has requested that Satterfield be
tried separately from his former teammate and co-defendant Cedric Everson,
who is facing a charge of second-degree sexual abuse. . . . According to
his motion, Parrish thinks the three counts should be severed 'because
they are separate and distinct based on time, participants, facts, circumstances,
and intent.'").
Lee
Hermiston, "Prosecutor wants Satterfield, Everson tried together,"Iowa
City Press-Citizen, September 4, 2008 ("Accused former Hawkeye football
players Abeberell Satterfield and Cedric Everson should be tried together,
an assistant Johnson County attorney said in a motion . . . Assistant County
Attorney Anne Lahey filed a resistance on Wednesday [September 3] to Des
Moines defense attorney Alfredo Parrish’s motion to sever a trial between
the two men. In his motion, Parrish alleged that a joint trial would prove
to be prejudicial for his client Satterfield and would be too long and
confusing for a jury. 'The issues in this case are not complex,' Lahey
states. 'One trial would not result in an overly long trial or confusing
scenario of the issues.'”).
Lee
Hermiston, "Parrish wants separate trials in UI sexual assault case,"Iowa
City Press-Citizen, September 2, 2008 ("Des Moines defense attorney
Alfredo Parrish, who is representing Abeberell Satterfield, requested in
a motion filed Tuesday [Setpember 2] that a judge sever the case so Satterfield
and former teammate Cedric Everson can be tried separately.").
August 31, 2008
Lee
Rood, "Does Muting Trouble Give Athletes Unfair Edge?; Defense Lawyers
Say They Try to Keep Allegations Out of the Media, but Victim Advocates
Say Transparency Would level the Playing Field," Des Moines Register,
August 31, 2008, p. A1 ("At a time when college football programs like
those at the University of Iowa and Penn State are working to put public,
off-the-field struggles behind them, others are working behind the scenes
to make sure new allegations involving athletes and criminal behavior never
make news.").
August 29, 2008
Lee
Hermiston, "Attorney: 'Involuntary confessions' to UI officials should
be tossed," Iowa City Press-Citizen, August 29, 2008, 4:31 p.m.
("[Abeberell] Satterfield’s attorney, Alfredo Parrish, wants . . . conversations
between his client and the athletic department officials ["coach Kirk Ferentz
twice and Associate Athletic Director Fred Mims once"], as well as other
'involuntary confessions' he made to two other University of Iowa officials
to not be used in the criminal proceedings.").
August 21, 2008
Lee
Hermiston, "Parrish: Don't call accuser a 'victim,'" Iowa City Press-Citizen,
August 21, 2008 ("In a motion filed Thursday, Des Moines defense attorney
Alfredo Parrish requests that when the court is not referring to the alleged
victim of the Oct. 14, 2007 sexual assault by her proper name, that they
refer to her as 'the complaining witness,' 'accuser' or another term without
'prejudicial connotations.' Parrish is representing former UI athlete Abeberell
Satterfield.").
August 20, 2008
Brian
Morelli, "Investigators question alleged victim, family members," Iowa
City Press-Citizen, August 20, 2008 ("James Bryant, the lead investigator
from the Stolar Partnership, said on Wednesday that the victim and members
of her family are among about 40 people interviewed so far. Stolar will
conduct five or six more in-person interviews before the interview portion
of the investigation wraps up, he said. Interviews are expected to be complete
by Saturday, he said.").
Lee
Hermiston, "Culver's office buzzed about UI withholding letter," Iowa
City Press-Citizen, August 20, 2008 (“'Wow,' wrote Iowa Department
of Public Safety Commissioner Gene Meyer. His response was sent in an e-mail
to Patrick Dillon, Gov. Chet Culver’s chief of staff. . . . The e-mails,
a majority of which are generated by members of Culver’s staff, are mostly
reactions to new knowledge involving UI’s handling of the Oct. 14, 2007,
sexual assault investigation -- specifically a letter from the mother of
the alleged victim criticizing the response.").
Erin
Jordan, "U of I president opposes lowering drinking age," Des Moines
Register, August 19, 2008, 4:56 p.m. ("University of Iowa President
Sally Mason said, '[O]ne-in-five of our students reports being assaulted
by a drunken peer. One in three reports being the subject of an unwanted
sexual advance. This is simply unacceptable and I do not believe that these
statistics would change in the current cultural environment with a lowered
drinking age,' Mason wrote.").
Editorial,
"Regents right to delay review of U of I president," Des Moines
Register, August 18, 2008 ("The Iowa Board of Regents was wise to delay
the job review of University of Iowa President Sally Mason until after
completion of a second investigation into how the school handled an alleged
sexual assault by football players last October. . . . Mason's oversight
appears to have been at arm's length. . . . [I]t's odd she did not make
sure U of I officials - who report to her, after all - fully briefed her
every step of the way. Perhaps the most glaring problem is the university's
failure to turn over to the Iowa Board of Regents two letters from the
alleged victim's mother, dated Nov. 19 and May 16, criticizing the university.
Regents President David Miles called the omission a breach of trust, and
Mason apologized. . . . Someone who earns more than half a million dollars
a year representing a premier state institution is expected to meet high
expectations.")
August 17, 2008
Lee
Hermiston, "Attorneys: Ex-Hawk, alleged victim traded texts," Iowa
City Press-Citizen, August 14, 2008 ("The alleged victim of the Hillcrest
Residence Hall sexual assault and accused former Iowa football player Abeberell
Satterfield exchanged text messages the morning after the alleged assault,
attorneys on both sides of the case said Wednesday.").
Jim
Lewers, "Documents may provide answers," Iowa City Press-Citizen,
August 16, 2008 ("District Judge Mitchell Turner's recent ruling that the
University of Iowa must provide an index of documents it has related to
the alleged sexual assault of a female athlete by Hawkeye football players
gives Iowans a chance at knowing the truth. . . . For 10 months, many of
the key questions have gone unanswered. And some of the answers just plain
aren't good enough.")
Lee
Hermiston, "Lawyer wants details on charge; Prosecutor files a resistance
to Parrish's request for information," Iowa City Press-Citizen,
August 16, 2008 ("Assistant Johnson County Attorney Anne Lahey on Thursday
filed a resistance to Des Moines defense attorney Alfredo Parrish's request
for a bill of particulars. Parrish is representing accused football player
Abeberell Satterfield. . . . Parrish requested a bill of particulars be
produced related to his client's charge of second-degree sexual abuse aiding
and abetting.").
Forbes magazine has
been ranking colleges and universities -- and their football coaches. Forbes
is no friend of the University of Iowa. It ranks the University 331 out
of the 569 ranked schools. Hana
R. Alberts, Michael Noer and David M. Ewalt, eds., "America's Best Colleges,"Forbes,
August 13, 2008, 6:00 p.m.
And while "We're Number One!"
"We're Number One!" in at least one category, we'll probably want to consider
postponing any public celebrations of the honor.
Forbes ran a kind
of comparative benefit-cost analysis of what every college football coach
is being paid, and what they are producing for the money. The University
of Iowa came in number one in the nation for "most overpaid coach."
Peter
J. Schwartz, "The Business Of College Football; The Best (And Worst) College
Football Coaches For The Buck," Forbes, August 13, 2008,
6:00 p.m. ET ("But the best bargain was Ohio State’s Jim Tressel, who scored
a 122. Tressel has led the Buckeyes to the last two national championship
games (losing to Florida in 2007 and Louisiana State in 2008) and was paid
$2.6 million last season, less than eight of his peers. . . . The most
overpaid coach is Iowa’s Kirk Ferentz, who made $3.4 million last year
despite lackluster results on the field, for a score of 71. Just how lopsided
is Ferentz’s deal? During the last three years he’s pocketed $10 million,
including a record $4.7 million in 2006, but has led the Hawkeyes to just
a 19-18 record."). But see, Jim
Lewers, "Forbes Lowballs Ferentz," Iowa City Press-Citizen,
August 20, 2008 (Without identifying either Forbes' methodology or his
own, Jim Lewers concludes, "At the very least, the magazine's methodology
is simplistic. But I'll go further and say that anybody who concludes Ferentz
is the most overpaid in college football is just plain wrong.").
If the Press-Citizen's
Pat Harty is to be believed, it doesn't look all that much better for the
2008 football season. Pat
Harty, "Lack of competition for starting jobs is alarming," Iowa
City Press-Citizen, August 17, 2008, in this morning's paper as, "Offense
Up in the Air; Lack of Desire is Alarming," p. B1.
August 14, 2008
Update from the courthouse
regarding "Story One":
Judge Marsha Beckelman said
during the 30-minute hearing she will order the state to give [Abe] Satterfield's
attorney, Alfredo Parrish, records relating to prescription medications
of the alleged victim. . . .
Parrish also asked the court
to require prosecutors to turn over all of the alleged victim's phone and
text message records for 30 days after the incident. Beckelman restricted
the request just to messages between Satterfield and the alleged victim.
Beckelman said she will schedule
another hearing to determine whether the state should pay for a private
investigator and depositions for Satterfield. Parrish said he thought $3,000
would be adequate for a private investigator; Lahey said $1,000 seemed
appropriate.
Satterfield, who was suspended
from the U of I football team last fall, listened in to the hearing by
phone from the football field of Indiana University of Pennsylvania, where
he now plays." And, although not directly
related to "Story One," the athletic program, or problems associated with
undergraduates binge drinking, of some relevance to UI administration and
faculty sensitivity to sexual harassment generally: Brian
Morelli, "Mason Says All Will Do Training; Harassment Classes a Must,"Iowa
City Press-Citizen, August 14, 2008, p. A1 ("In the aftermath of an
alleged good grades for sexual favors scandal, University of Iowa President
Sally Mason wants all UI faculty and staff to receive sexual harassment
training.").
August 12, 2008
Is this now the third UI
athlete who's been arrested for offenses involving the excessive use of
alcohol -- before the fall semester even begins? Lee
Hermiston, "UI recruit charged with DUI, eluding," Iowa City Press-Citizen
, August 12, 2008, p. B3. ("A University of Iowa wrestling recruit and
former junior college champion was arrested Sunday morning for drunken
driving and eluding police, then suspended indefinitely by the team Monday.")
Also, Associated
Press, "Iowa wrestling recruit charged with OWI, eluding," Des Moines
Register, August 11, 2008.
August 10, 2008
The Register offers
a lengthy, page-one mostly supportive piece reviewing the UI's Office of
Equal Opportunity and Diversity, with its responsibility for ensuring a
campus environment of safety and comfort regarding everything from
unwelcome glances to rape, while the action is diffused through dozens
of principals outside of its office. Lee
Rood, "Few Complaints Reach U of I; Sex Crim Reports, as Well as Formal
Investigations by the School, are Scant, Despite Efforts to Clarify Procedures,"Des
Moines Register, August 10, 2008, p. A1.
Scott Dochterman, "Motion
to seal documents denied in UI rape case," The Gazette, August 9,
2008, p. B3 (no direct link available; for details see Lee Hermiston story
of August 8, immediately below).
August 8, 2008
Most significant development:
Judge orders UI and JC Attorney prepare indexes of withheld documents for
Press-Citizen.
Lee
Hermiston, "Judge says to deliver indexes; County office, UI have month
to furnish assault-related lists," Iowa City Press-Citizen,
August 8, 2008, p. A3.
Former City Council member
Bob Elliott discusses differences between his perspective, and that of
former Johnson County District Attorney Pat White, regarding "Story Two"
(UI administrators' reactions to events of October 14, 2007). Bob
Elliott, "Another View of Response," Iowa City Press-Citizen,
August 8, 2008, p. A13.
As reported here yesterday,
the Regents approved raises for the Iowa State and UNI presidents but are
holding back their review of UI President Sally Mason's performance until
they receive the report of the second investigation (due September 18).
Erin
Jordan, "ISU, UNI presidents get bonuses from regents," Des Moines
Register, August 8, 2008; Diane Heldt, "Pay raised 6 percent for UNI,
ISU presidents," The Gazette, August 8, 2008, p. A1, for earlier
online version see, Diane
Heldt, "Iowa State, Northern Iowa presidents to get raises," The
Gazette Online, August 7, 2008, updated 7:55 p.m.
August 7, 2008
I'm not prepared to make
a judgmental declaration as to what the Regents and UI administration "should"
have done. But I am willing to suggest that much if not all of what's
involved in "Story One" (events of last October 14), "Story Two" (what
UI administrators did thereafter) and "Story Three" (the Regents' response
and first, and now second, investigation of Stories One and Two) could
have been prevented, and would have been avoided -- up to and including
the current, postponed evaluation of UI President Sally Mason -- had more
attention been given to the formulation (and application) of a workable
"governance model."
I have written about the
subject of board governance (board-CEO relationship) in general, Nicholas
Johnson, "Board Governance: Theory and Practice," and with regard to
the Iowa Board of Regents in particular, Nicholas
Johnson, "An Open Letter to Regents on 'Governance,'" April 17, 2007
(with links to additional material of relevance to Regents' governance).
What occurred last academic
year, from October 14 until today, is an almost textbook classic case study
of what happens when these principles are not followed. As sad as Stories
One, Two and Three may be, the saddest realization is that they all could
have been prevented.
Erin
Jordan, "Regents put job review for U of I president on hold," Des
Moines Register, August 7, 2008 ("The Iowa Board of Regents will delay
its job review of University of Iowa President Sally Mason until the completion
of an investigation of how the U of I handled an alleged sexual assault
involving athletes."). Brian
Morelli, "Regents waiting to decide Mason's raise; Want alleged assault
inquiry finished first," Iowa City Press-Citizen, August 7,
2008, p. A1 ("The Iowa state Board of Regents plans to get to the bottom
of the University of Iowa's handling of an alleged sexual assault on campus
last year before deciding on this year's raise for UI President Sally Mason.
. . .Mason earned $560,000 -- $450,000 in base pay and $110,000 in incentives
-- last year, her first at UI. Regents said at the time of her hire that
her incentive package would kick in automatically the first year but that
it would be determined by her ability to meet expectations in future years.").
While it should offer us
no comfort, a couple of the Register's recent editorials deal with
the difficulties that institutions beyond collegiate football programs
have in responding to sexual assaults -- in this case, the military. Editorial,
"Military not taking sex assaults seriously," Des Moines Register,
August 6, 2008 ("'Women serving in the U.S. military today are more likely
to be raped by a fellow soldier than killed by enemy fire in Iraq.' That
troubling statement was included in the testimony of Rep. Jane Harman of
California during a congressional hearing last week on sexual assault in
the military."), and Editorial,
"Hearing No-Show is Telling," Des Moines Register, August 6,
2008.
August 5, 2008
I've repeatedly drawn a distinction
between "story one" (what happened the early morning of October 14 -- now
a criminal prosecution) and "story two" (what UI administrators did thereafter).
The issues, and fact finding, overlap with regard to the preservation of
a potential crime scene.
Clearly, the consequence
of Coach Ferentz ordering a football player to move back into the player's
"vacated" dorm room (and scene of the alleged crime) was the destruction
of evidence. But it's an enormous leap from that consequence to a conclusion
that it was the Coach's intention and motive to destroy evidence.
One can argue -- and I'm
sure many will -- that every collegiate coach should be provided training
in the preservation of crime scenes, that they should have a checklist
(or university policy) for dealing with potential crime scenes, or that
common sense (or at least the lessons learned from watching crime shows
on TV) should alert anyone to the need to preserve evidence.
On the other hand, he had
other things on his mind at the time, conducted his own investigation,
immediately took the action he was authorized to take by dropping two players
from the team, and could fairly say with regard to criminal investigations
"that's not my department." "Should" he have done more anyway? Do we have
a right to expect that of him? I'll leave those judgments to others.
Whatever the reasons, and
whoever may bear primary responsibility, clearly the alleged victim's legal
rights have been very seriously set back by what was -- and was not --
done by UI administrators. Here's today's addition to the story:
"According to search warrant
documents, [Derrell] Johnson-Koulianos told police he later moved into
the previously vacated dorm room [where the alleged sexual assault reportedly
took place] and threw out a used condom he found behind a bed and a mattress
cover with an 'orangish-reddish color' substance on it. UI police later
said preserving the evidence in the room was an issue in the investigation.
. . . Ferentz has said he was notified of the alleged sexual assault the
morning of Oct. 15 [and] . . . launched his own investigation. While gathering
information, Ferentz learned Hillcrest N207 was vacated earlier by Iowa
defensive back Lance Tillison and ordered the freshman to move back into
the room because he did not have permission to move out of the dorm. Ferentz
said he did not consider the consequences that could have on an investigation
of any alleged crime scene."
Andy
Hamilton, "Ferentz Didn't Ask About Hawk's Actions," Iowa City Press-Citizen,
August 5, 2008.
Scott
Dochterman, "New coach stands behind ex-Hawkeye football player," The
Gazette Online, August 5, 2008, 9:37 a.m. ("Indiana (Pa.) Coach Lou
Tepper told the Erie (Pa.) Times-News on Monday he has no reservations
about keeping former Iowa cornerback Abe Satterfield on his roster. . .
.. Tepper told the newspaper, . . . 'I spoke to three coaches at Iowa.
What they told me was the case was going to be dropped. That they did not
feel as if he was guilty.' . . . [Cedric] Everson is a member of the Alcorn
State (Miss.) football team. In a May interview with The Gazette, Alcorn
State Athletics Director Darren Hamilton stood behind Everson . . ..");
available in hard copy edition as Scott Dochterman, "Tepper: No issues
with Satterfield," The Gazette, August 6, 2008, p. C1. Scott
Dochterman, "Hawk living arrangements discussed," The Gazette Online,
August 4, 2008, 11:32 p.m.
And see, Ben
Fornell, "Football player's lawyer wants details on charge," Des
Moines Register, August 5, 2008 ("[D]efense attorney Alfredo Parrish
asked prosecutors to specify details of the second-degree sexual abuse
charge against Abe Satterfield"), and Sean
Keeler, "Weight of expectations falls squarely on shoulders of O-line,"Des
Moines Register, August 5, 2008 ("About the only thing the Hawkeyes
have done consistently over the last 18-20 months is run afoul of the law.
That's not going in the media guide. . . . With a bowl-less winter, a two-year
record of 12-13, a sexual assault investigation involving two former Hawkeyes
in the headlines, and the bitter aftertaste of watching Western Michigan
dominate at Kinnick Stadium still on the tongue of many fans, Ferentz opens
his 10th season under more scrutiny than he's ever faced before. . . .
[W]hen folks think Iowa football, they might start thinking of something
else: A change at the top."). Lee
Hermiston, "Investigator: Regents probe going smoothly," Iowa City
Press-Citizen online, August 5, 2008, 12:15 p.m.
August 4, 2008
UI as Top Rated "Party School"?
Hell, we're a party state!
I've never quite understood
how and when alcohol became a synonym for "party." It is, after all, the
nation's number one hard drug by any measure -- seriousness of medical
consequences, the proportion of all crimes with which it is associated
(give or take 50%), the multi-billion-dollar economic losses, the millions
of addicts ("alcoholics") and the multiples of that number they impact
(e.g., family members and co-workers), the sexual assaults, drunk
driving, vomiting and falling down drunk, college students' lower grades
and increase in drop-outs, deaths from suicide, homicide and accidents,
and so forth. Doesn't sound like a "party" to me. But there it is.
It shouldn't be a surprise
that a "party state" has "party schools" -- and the predictable consequences
one would expect. And now we have one more arrest involving a UI athlete.
Dan
McCool, "Iowa Wrestling: Hawkeye arrested after confrontation," Des
Moines Register, August 4, 2008.
And Lee
Hermiston reports, "Parrish wants sex abuse charge specified," Iowa
City Press-Citizen online, August 4, 2008, 4:19 p.m. ("In a motion
filed Monday, Des Moines defense attorney Alfredo Parrish, who is representing
Abeberell Satterfield, requested that a bill of particulars be produced
related to his client’s charge of second-degree sexual abuse aiding and
abetting.").
And what does Coach Ferentz
want? He just wants to change the subject, "Ferentz
Optimistic About 2008," Iowa City Press-Citizen, August 4, 2008.
For a well balanced bit of
constructive questioning, criticism, and suggestions for improvement see
Constance
Berman, "Need for improvement all around," Iowa City Press-Citizen,
August 2, 2008 ("[A] mishandling on many fronts. . . . In the 20 years
I've been at Iowa, I've had colleagues who felt pressured by the athletic
department because an athlete earning failing grades was indeed failing.
. . . I'm appalled to be teaching at an institution that cannot have Friday
classes because 'happy hour' starts on Thursday. I'm deeply ashamed of
a city run by barkeepers who condone underage entry to bars (effectively
underage drinking). And I am deeply ashamed to be teaching at an institution
that is right up there at the top as a 'Party School' . . ..").
August 3, 2008
This ever-expanding blog
entry is focused on one example of the pressures, challenges and conflicts
confronting the administrators (and overseers) of America's institutions
of higher education when confronted with the abuses created by (or at least
accompanying) multi-million-dollar athletic programs.
But the consequences of that
emphasis go well beyond the sometimes criminal behavior that can grow out
of adults' years-long contributing to young athletes' sense of entitlement
(from the time they are in junior high school) -- with the accompanying
exploitation of those athletes, who often leave college with neither a
good education nor prospects of a professional sports career.
The over-emphasis on the
major college sports (primarily football and basketball) infects the entire
educational establishment, which along with educators' seeming unwillingness
to do anything meaningful about the accompanying alcohol and drug abuse,
is having an impact on America's ability to compete in the global economy,
as David Brooks recently pointed out in such clear and dramatic detail.
David
Brooks, "The Biggest Issue," New York Times, July 29, 2008 ("Between
1975 and 1990, educational attainments stagnated completely. . . . America’s
lead over its economic rivals has been entirely forfeited, with many nations
surging ahead in school attainment. . . . America rose because it got more
out of its own people than other nations. That stopped in 1970. Now, other
issues grab headlines and campaign attention. But this tectonic plate is
still relentlessly and menacingly shifting beneath our feet.").
It's just one more case of
"we have found the enemy and it is us." It is we, the adults, who shout
insults at the umpires of Little League games, encourage our children in
high school sports in hopes of saving a little on college costs with sports
scholarships, provide the fan base for college teams, elect the representatives
who tolerate and encourage making a football coach the highest paid public
employee in the state, protect our athletes from the consequences of their
behavior and find high-priced defense lawyers for them when our cover-ups
fail, and give a wink and a nod to wide-spread binge drinking.
And that's why this observation
of a local business person caught my eye. She's pretty much summed it up.
"Every school system, whether it's in Des Moines or whether it's in Mumbai
... is a reflection of the values of the communities that it serves ....
It's very clear that we've gone with sports, and an enormous amount of
energy is put into that, although your average employer isn't looking for
someone highly skilled in football." -- Rowena Crosbie of Tero International,
speaking at Des Moines Register panel of business leaders on our
educational institutions preparation of Iowans for a global economy Editorial,
"Better Prepare Students for World Economy," Des Moines Register,
August 3, 2008. And see, "World-Class
Schools: Transcript of Discussion," Des Moines Register, August
3, 2008, and especially the confirming, Linda
Lantor Fandel, "Core Issue: Do We Value Education?" Des Moines Register,
August 3, 2008 (interview with Bob Compton, executive producer of documentary,
"Two Million Minutes: A Global Examination;" sample: "What the film shows
is that we have a cultural issue . . . larger than . . . the schools. India
and China revere, recognize and reward academic achievement. U.S. culture
reveres, recognizes and rewards athletic achievement. . . . Until . . .
the adults in this country decide intellectual achievement is as important
as athletic achievement, when parents turn out for football games but not
math competitions, . . . schools will not change. The core issue is our
value system . . .. The solution has to happen in each community [as we]
raise awareness and appreciation of our academic and intellectual stars
the way we do with our athletic stars. Twenty percent of our population
is going to do OK. But 80 percent is not. It's such a waste of human potential.").
And if that "waste of human
potential" is not enough to move us to change for humanitarian reasons,
hopefully our greed and selfishness will provide the incentive as we begin
to see the link between the teams we cheer for Saturday afternoon and the
job we don't have on Monday, the mortgage we can't pay, the overseas trip
we can't take with dollars worth a fraction of what they once were, and
the $40 trillion in unfunded government obligations we're leaving our grandchildren
instead of a modest inheritance.
August 2, 2008
"You can't tell the players
without a program" used to be the shout-out of those selling programs at
baseball games. So it is with this "case."
First off, it's useful to
recognize the distinctions between what I call "Story One" (what happened
October 14, 2007), "Story Two" (what UI administrators did about it), and
now "Story Three" (what the Regents did about what the UI's administrators
did).
But then each of those stories
has its sub-stories. Story One is now being played out in the beginning
motions of a criminal trial currently set for November 3. Yesterday there
was a hearing involving what documents will, and will not, be available
to public and media. "The hour-long hearing came after a several-month-long
tug-of-war between the University of Iowa, the Johnson County Attorney's
Office and the Iowa City Press-Citizen over documents related to the alleged
Oct. 14, 2007, sexual assault at Hillcrest Residence Hall involving UI
football players. "Turner heard arguments from attorneys representing the
three parties concerning two cases. First, the Press-Citizen's open records
lawsuit against the UI; and second, the newspaper's request that subpoenas
and documents related to the investigation be unsealed." Lee
Hermiston, "All sides heard for UI documents; Judge says he will come to
decision as soon as possible," Iowa City Press-Citizen, August
2, 2008.
Writing a week ago, "Now
What? -- July 23, 2008," below, I noted,
"So, the Regents' investigator
didn't have access to the letter. So shame on the UI administrators for
not turning it over. But how, if even half of what it contained is true,
would none of that come out in a thorough investigation -- even without
access to the letter? Were penetrating questions not asked? Were they asked,
but not fully and truthfully responded to? Whatever the reasons, the Regents
aren't looking all that good this morning either."
The Press-Citizen
editorializes this morning about the significance of that observation to
the question of who should pay for the Skolar investigation. The answer
involves the distinction between "Story Two" and "Story Three." Any identifiable,
incremental costs associated with the Regents' first investigation could
rationally be said to have been occasioned as a result of actions attributable
to UI administrators. But the $250,000 cost of the Skolar investigation
-- as to which Regents' "advisory committee" chair Bonnie Campbell says
"The taxpayers should not have to foot the bill for this -- period" --
are costs occasioned not by UI administrators' failures but by failures
of the Regents' first investigation. Read the editorial: Editorial,
"Regents passing the ($250,000) buck to UI," Iowa City Press-Citizen,
August 2, 2008. And for a quick overview of the whole mess: Olivia
Moran, Chris Patton, and Lauren Skiba, "Semester in review: River, questions
about UI assault case rise/After a hectic summer, regents reopen probe
into UI's role in sex assault," The Daily Iowan, August 1, 2008
(brief summary of May-July 2008 events in case).
August 1, 2008
"[Iowa] Sen. Thomas Courtney,
D-Burlington, and Rep. Vicki Lensing, D-Iowa City [respective chairs of
the Iowa Senate and House Government Oversight Committees], urged [Iowa
Board of Regents President David] Miles to contact them 'if at any time
you believe you are not receiving the full cooperation of the University
of Iowa employees and others' so the committee could use its power to subpoena
witnesses to testify before the committee. . . . Courtney and Lensing also
asked Miles to appear before the panel Sept. 19, the day after the regents
receive a report from a St. Louis law firm handling the U of I probe."
Erin
Jordan, "Subpoenas offered for probe at U of I," Des Moines Register,
August 1, 2008; Rob
Daniel, "Legislators offer help on investigation; Committee says it will
use its subpoena power," Iowa City Press-Citizen, August 1,
2008; Diane Heldt, "Legislators Join in on UI Sex Assault Case," The
Gazette, August 1, 2008, p. B3, earlier online version available as
Diane
Heldt, "Legislators want regents meeting on UI sexual assault investigation,"The
Gazette Online, July 31, 2008, updated 6:04 p.m. (includes text of
letters exchanged between Government Oversight Committees and Regents);
Rachel
Goodell and Olivia Moran, "State lawmakers offer support to regents' investigation,"The
Daily Iowan, August 1, 2008.
The Gazette editorializes,
"[W]e wonder if outside counsel is necessary. Wouldn’t the Attorney General’s
Office, as the legal representative of state government, be the appropriate
public agency for this important task?" Editorial,
"No Other Option?" The Gazette, August 1, 2008, p. A4. Lee
Hermiston, "Lawyer wants to see room; Parrish files motion to photograph
alleged site of sexual assault," Iowa City Press-Citizen, August
1, 2008 (the hard copy version of the online story linked from this blog
yesterday,
below).
July 31, 2008
Lead stories this morning
follow up on yesterday's reports in this blog about terms of Skolar contract
and hourly rates. Chair Campbell says UI, not taxpayers or tuition, to
cover costs. Erin
Jordan, "U of I to Bear All Cost of Probe," Des Moines Register,
July 31, 2008. Diane Heldt, "Tax dollars won’t fund UI inquiry; Lawyers
hired by board to investigate handling of rape allegations to be paid $150
to $375 an hour," The Gazette, July 31, 2008, p. A1 ("Regent Bonnie
Campbell, of Des Moines, asked Regents Executive Director Robert Donley
on Wednesday to inform UI officials that the university will be expected
to reimburse the regents’ office for the cost of the investigation without
using taxpayer or tuition dollars."); available as Diane
Heldt, "Should taxpayers have to fund UI investigation?" The Gazette
Online, July 30, 2008, updated 10:04 p.m. Rob
Daniel, "Firm to be paid $375 an hour; Office releases contract between
regents, Stolar," Iowa City Press-Citizen, July 31, 2008.
Meanwhile, the Register's
Marc Hansen has just spotted a drunken elephant in the living room. Do
UI administrators mean business or not, he asks. If so, he and the Harvard
study have lots of suggestions as to proactive steps that would make a
difference.
Meanwhile, on the trial front,
the headline tells the story. Lee
Hermiston, "Satterfield lawyer wants to photograph room," Iowa City
Press-Citizen, July 31, 2008, 2:28 p.m. ("The attorney [Alfredo Parrish]
for one of the former Hawkeye football players [Abeberell Satterfield]
accused of sexual assault wants to photograph the room where the attack
allegedly occurred.").
For some serious, and for
the most part constructive and respectful discussion by what appears to
be former Iowa football players, take a look at, "Why
is this happening guys??? Tell me!!!" Forums:Hawkeye Sports:Football,
Iowa
City Press-Citizen, July 30, 2008.
July 30, 2008
For the economics and scope
of the Skolar Partnership investigation see Erin
Jordan, "Lawyers Handling U of I Probe to be Paid $375 an Hour," Des
Moines Register, July 30, 2008:
Yesterday I noted the inherent
conflict of interest the Board of Regents has when investigating (or contracting
for an investigation of) possible UI administrators' misbehavior, below.
Brian Morelli's story this morning reports Skolar's James Bryant indicates
he may be looking at that very issue. Brian
Morelli, "Firm will review regents' investigation; Board's initial investigation
found no UI wrongdoing," Iowa City Press-Citizen, July 30, 2008
("The Iowa state Board of Regents will go under the microscope as part
of an independent investigation . . .. [that] will examine an initial investigation
conducted by the regents that found no wrongdoing in how the University
of Iowa responded to the alleged sexual assault. 'We will look at what
they did in their investigations, too,' said James Bryant . . .. 'We will
look at all the data available. I suspect our finding, by necessity, will
look at that. We will state whether it was complete, if it was true or
false.' . . . The Legislature might conduct its own review of the case.
Some representatives are flirting with possible oversight hearings.")
And see, Editorial,
"Make sure rape-case inquiry is thorough - and acted on," Des Moines
Register, July 30, 2008; and "Hearing
to be Monday in UI case," Iowa City Press-Citizen, July 30,
2008 ("A hearing on a motion filed Monday seeking prescription drug and
telephone records of the alleged victim of an alleged sexual assault by
two former Iowa football players . . . has been scheduled for Aug. 13.").
Oh, and "Ohio State 24, Iowa
1." Andy
Hamilton, "Hawks trail pack in 2009 recruiting," Iowa City Press-Citizen,
July 30, 2008.
I have formerly referred
to what should be a distinction in the media's reporting of "Story One"
(what happened October 14?) and "Story Two" (how did UI administrators
respond?). We now have a "Story Three" (how thoroughly and appropriately
did the Regents respond?) -- to be followed in September with similar
issues surrounding the James Bryant report.
There is actually a fourth
set of issues that goes beyond what the UI administrators did, whether
policies and procedures were or were not followed, whether they inappropriately
withheld the mothers' letters from the Regents, and whether the Regents'
investigators should have done a better job with or without the letters.
And that is the treatment
of the alleged victim -- not from a legal point of view, whether laws,
regulations, policies and procedures were followed or broken -- but just
from a common sense, human and humane, caring, courteous and sensitive
perspective. President Mason and Coach Ferentz say that her welfare and
sensitive treatment were always foremost. The mother's letters allege otherwise.
It would be a shame if those issues were to go unaddressed in our focus
on legalisms.
July 29, 2008
The Regents' "advisory committee"
has selected the "Stolar Partnership" as the law firm, specifically James
Sears Bryant, to conduct the Regents' second investigation of UI administrators'
handling of the alleged sexual assault case. Brian
Morelli, "Regents hire law firm to look at UI; Stolar Partnership to conduct
investigation," Iowa City Press-Citizen, July 29, 2008. And
see Erin
Jordan, "U of I probe could cost $250,000, last 6 weeks," Des Moines
Register, July 29, 2008 ("Besides Bryant, who heads the firm's higher
education practice, the team will include Peter Goplerud III, dean of the
Florida Coastal School of Law and former dean of the Drake University Law
School. Doreen Dodson, who specializes in employment and sexual harassment
law, and Charla Scott round out the team, [administrative partner for Stolar,
Dick] Mersman said."). The Gazette and Daily Iowan also reported
the story. Diane Heldt, "New UI rape inquiry to cost about $250,000; Missouri
law firm hired to handle reinvestigation for state regents," The Gazette,
July 29, 2008, p. A1 [and online
version updated at 10:11 a.m., 3:45 p.m.); Olivia
Moran, "Law firm takes over investigation of UI; defense requests drug
files," Daily Iowan, July 29, 2008.
And Regents' President David
Miles offered his own reassurance about all of this in an op ed this morning.
David
W. Miles, "Regents Will Do What is Necessary," Iowa City Press-Citizen,
July 29, 2008.
My limited contribution to
this aspect of the story is primarily merely to provide links to, and quotes
from, the firm's main Web page,
the page for the relevant 13-lawyer "Areas
of Practice/Higher Education" group Bryant heads, and the personal
page of Mr. Bryant.
Both the "Higher Education"
page and Mr. Bryant's page note that he "works closely with all types of
institutions to prevent and defend claims arising out of institutional
misrepresentations and other complex allegations [and] has special expertise
in intercollegiate athletics, including NCAA matters, coaches’ contracts,
intellectual property as well as the overall strategic management of institutional
sports marketing."
His record of accomplishment
includes, among many other things, his current positions as a member of
the Board of Trustees of both Eureka College and Southwestern College,
and authorship of the article, "Representing the Oklahoma Athlete in NCAA
Investigations.”
Former Iowa Attorney General,
and chair of the Regents' "advisory committee," Bonnie Campbell says of
the selection, "I am hoping the complete independence of this team we are
hiring, and coming in without a perspective, and not being invested in
the result at all ... will allow us to reach our singular objective." And
see, Editorial,
"'New set of eyes' needed to look into UI's actions," Iowa City
Press-Citizen, July 29, 2008 ("We don't believe that [an out-of-state
firm] is a panacea for all of the issues and questions the regents and
UI face in this situation. . . . UI President Sally Mason says UI didn't
provide those letters to the regents because it incorrectly interpreted
federal student privacy laws. Is that true? And is that a good reason?
Who specifically misinterpreted those laws? Also, did UI disclose that
it knew of any concerns raised by the family? Did UI tell the regents it
had documents it couldn't provide them because of federal privacy laws?
And what questions did the regents' investigators ask, what UI officials
did they interview and what documents did they see?)
I
will not comment at length about this event, except to note that the Regents,
as well as UI administrators, have an inherent conflict of interest in
all of this -- not really of their own making, not a conflict that grows
out of failures of their personal integrity, but one inherent in their
position and job description. On the one hand, they are obliged to represent
the people of Iowa in insuring the effective, ethical and efficient administration
of their universities, and to investigate as thoroughly, independently
and honestly as possible such controversies and possible malfeasance of
their administrators as may arise. On the other hand, they are obliged
to function as cheerleaders for those institutions, to put the best public
face on them as can pass "the laugh test," to minimize their failings and
publicize their achievements, and to lobby state and federal legislatures
and agencies on their behalf. Thus, the better they do their first obligation
the more destructive it may be of their goals with regard to the second.
Did the Regents' investigators
contact the alleged victim's family or didn't they? Were they actually
informed of the November 19 letter and failed to ask for it? Morelli reports:
UI Maintains Ranking as
One of Nation's Top "Party Schools."
The Princeton
Review rankings are out again. The University of Iowa may be only
88 out of 99 in "quality of life" and 92 out of 99 in "financial aid support,"
but by golly we're up there in the composite "party school" ranking (12th)
and actually number 3 in "lots of hard liquor." (Photo credit: Press-Citizen.)
I guess that's the good news;
we'll continue to get those students (and their tuition) looking for a
good time. The bad news is that athletes aren't the only ones engaged in
alleged sexual assaults and innovative public demonstrations of the offensive
behavior fueled by binge drinking.
Of course, you can't create
and maintain that kind of party school ranking without the support of the
Iowa City City Council's creation of 50 or so bars within walking distance
of the campus, and the UI administrators. Brian
Morelli, "UI Named One of Top Party Schools," Iowa City Press-Citizen,
July 29, 2008.
The "Second Rape."
As I've so often written, there are two media stories here: (1) the events
surrounding the morning of October 14, 2007, and (2) UI administrators'
response to those events. This blog entry has focused, and will continue
to focus, on "Story Two." Nonetheless, there is a "Story One," and
the criminal proceedings resulting from that story, and it has now begun.
A rape trial is often characterized as the "second rape" of the alleged
victim. A reason why is illustrated by this story: Lee
Hermiston, "Satterfield seeks alleged victim's phone, prescription records,"Iowa
City Press-Citizen, July 29, 2008.
It's one of the law's many
dilemmas: every accused is entitled to a vigorous and effective defense;
on the other hand, it seems fundamentally unfair to place such heavy burdens
as that does upon the accused's victim -- or to require as a prerequsite
of legal proceedings that those burdens be assumed.
July 27
Lee Rood (with contributions
from Erin Jordan and Randy Peterson) has two useful, lengthy stories in
this morning's Register that combine a wrap up of last week's news,
a history of the Pierre Pierce case and its aftermath: the supposed "reforms"
at that time that appear not to have been followed now, five years later.
Lee
Rood, "Latest case at U of I reveals old problems," Des Moines Register,
July 27, 2008 ("I am furious," Roxanne Conlin, the Des Moines attorney
who acted as a mediator between the victim and the university in the 2002
Pierce case, said last week. "It appears officials did everything in their
power to keep this thing quiet, and they did it in a way that was reprehensible.");
Lee
Rood, "Current dispute recalls 2002 case," Des Moines Register,
July 27, 2008.
See, in this connection,
Thomas
Evans, "Report on the University of Iowa's Compliance with Policy and Procedures
While Investigating a Sexual Assault Complaint," Iowa Board of Regents,
Agenda Item 17, June 11-12, 2008, complete with 7 recommendations and the
23
attachments in a 162-page, 7MB pdf file. (The Report is primarily a
summary of the UI policies and procedures, plus federal and state laws
and regulations, that are provided in full text in the 23 attachments.
A timeline of UI administrators' actions has been removed from the public
document on grounds it qualifies as a confidential student record. And
the ultimate conclusion, as widely reported, is that "it is clear that
University officials fully complied with internal procedural requirements
[and] offered the victim appropriate accommodation . . .." Report, p. 8.)
The Press-Citizen
has its own review, along with some new information about what the Regents'
"advisory committee" says it's looking for when hiring an investigative
firm to conduct its inquiry. Rachel
Gallegos, "Regents look at firms to probe UI actions; Downer: Board will
hire firm focused on higher education," Iowa City Press-Citizen,
July 27, 2008.
And The Gazette? Having
headlined yesterday that there are "Plenty of Good Guys on Hawkeye Roster,"
it puts on page one of its Sunday edition a glowing story -- complete with
flattering quotes and really charming photos -- about what a spectacular
job UI President Sally Mason does handling floods. Diane Heldt, "Water
Logged; Record Flood Defines Mason's First Year," The Gazette, July
27, 2008, p. A1, available as Diane
Heldt, "Record flood defines Mason's first year as UI president," The
Gazette Online, July 26, 2008, updated 10:39 p.m. (with a carry-over
headline in the hard copy version, at p. A10, "Mason/Earning High Marks
from Faculty, Regents" -- against which one might wish to compare Regents'
President Miles' comment about "trust" upon learning the letters were kept
from them). In fairness, the paper does editorialize about this past week's
events; e.g., "It would be wrong to assume that any UI official
has not acted in what he or she believed was the best interest of all the
students involved." Editorial,
"Get the Facts, Improve the Process," The Gazette, July 27,
2008, p. A7.
July 26, 2008
Most of the stories in this
morning's newspapers are simply the hard copy versions of what was posted
on this blog yesterday from their online editions.
However, the Press-Citizen
makes some new editorial suggestions about how this public relations disaster
might well have been prevented had the University handled it differently.
"Regents
should look at whether UI could have prevented mess," Iowa City
Press-Citizen, July 26, 2008:
Nicholas
Johnson, "Trouble in River City; Locker Room Update: What Can We Know,
and When Can We Know It?," November 16, 2007 ("What I don't fully grasp
are the reasons for refusing to respond to questions regarding the behavior,
not of the athletes or their accuser, but of the University's and athletic
program's administrators. What did they know and when did they know it?
What did they do about it? Did they comply with the procedures they themselves
created for dealing with a situation like this?");
Nicholas
Johnson, "Football Story Has Muscular Legs; If UI Won't Talk, Regents Will,"
November 18, 2007 ("The UI's spokesperson is quoted in this morning's Register
as saying, 'We know the time will come when we need to have the public
understand what happened, but now is not the time.' . . . Obviously, I
disagree. I think now is the time; indeed, it is past time.");
Nicholas
Johnson, "Stonewall's Mortar Crumbles; Now the Governor; UI, This is Not
Good," November 20, 2007 ("Regardless of what the reasons may be [for
the UI's administrators' taking an oath of silence], until the questions
regarding their behavior are answered, or explanations are offered for
their silence, the hole they have dug for themselves just gets deeper by
the hour.");
Nicholas
Johnson, "The Greatest 'Story Two' Never Told" in "Not Getting Answers,"
November 21, 2007 ("So long as officials are asked general questions, for
which the answers need not, but could, compromise the integrity of the
investigation and possible trial as well as the privacy interests of the
accuser and the accused, they can properly refuse to answer. It is only
when it is made abundantly and unambiguously clear from the questions that
they only deal with the 'second story' that their refusal to respond does,
indeed, constitute stonewalling."); and
Nicholas
Johnson, "To Err is Human, To Keep it Secret Even More So," December
14, 2008 (the source of the excerpt above).
The other noteworthy addition
to this story is Erin Jordan's report that Regents' "advisory committee"
chair has announced that a totally independent outside firm will be conducting
the Regents' second investigation of UI administrators' handling of these
events. This strikes me as at most a very wise and commendable step (one
of the first in this months-long disaster), and at a minimum at least a
response to all the "Now what?" questions regarding precisely how the three
advisory committee members intend to proceed with their investigation.
Erin
Jordan, "Outside Firm to do U of I Probe," Des Moines Register,
July 26, 2008.
And The Gazette? Nothing
on page one. What? Surely the story of the additional box of documents
withheld from the Regents would be reported somewhere in the paper. Oh,
here it is, back on page B3. I wonder what they have in the sports section.
Looks like Coach Ferentz is listening to his publicist. The lead headline,
top of the fold in the sports section: Marc Morehouse, "Plenty of good
guys on Hawkeye roster; Olsen, Kroul, King take pride in being Iowa football
players," The Gazette, July 26, 2008, p. C1 (here's a link
to the story in yesterday's Gazette Online).
And July 25 . . .
This afternoon [July 25]
we learn that there's a bit of a difference of opinion regarding what the
University was able to do with its internal reports under a court order.
Yesterday, below, I noted
the Daily Iowan had made reference inside one of its stories about
UI administrators' handling of the sexual assault case to a controversy
at Purdue, and that State29 had gone into more detail about it. Today we
have more from Lafayette on that conflict. Brian
Wallheimer, "Sides square off on Purdue researcher's misconduct case,"Journal
& Courier, July 25, 2008, reprinted in this morning's
Press-Citizen
as Brian
Wallheimer, "Purdue Research Controversy Continues," Iowa City Press-Citizen,
July 25, 2008.
And the Press-Citizen
has now added some more questions to its prior list of 26 (itemized below),
in Editorial,
"UI, regents must answer growing list of questions," Iowa City Press-Citizen,
July 24, 2008.
President Mason has started
to fill in some details and respond to some of the mother's assertions.
Erin
Jordan, "U of I Admits More Was Withheld," Des Moines Register,
July 25, 2008 (later available
from the Press-Citizenonline as well at 9:38 a.m.).
As I have written throughout
this blog entry, and as Pat Harty writes today [July 25], below, "[W]hat
makes this case so maddening and hard to comprehend [is that in] order
to believe the mother's version of what happened you almost have to believe
that some UI officials are corrupt and dishonest." He's right; and for
the administrators to persist in professing that "everything was handled
extremely well" is to shoot themselves in the foot every time they repeat
that public statement.
They have been ignoring the
advice that, "When you find yourself in a hole the first thing to do is
to stop digging." They've just been digging themselves in deeper and deeper.
It's all a little too reminiscent
of the story told in a country song. As the husband comes into the house
early one morning the wife asks where he has been all night. He replies,
"I fell asleep in that hammock in the yard." When she points out that she
put the hammock in the attic a week or so ago he replies, simply, "That's
my story and I'm sticking to it." (From "That's
My Story.")
For UI administrators, once
the mother's letter became public, to continue to say they behaved in an
excellent manner was simply not credible -- it made them look worse rather
than better -- not unlike the errant husband in the song they appeared
to be insisting "that's our story and we're sticking to it."
So President Sally Mason's
tentative diversion from that path in this morning's story by Erin Jordan
is, in my judgment, a good one from her perspective. Ditto for at least
some of what Coach Ferentz revealed yesterday. Unfortunately, it's now
nowhere nearly as helpful to the University in general, and them in particular,
as it would have been if they'd done it a week ago. Hamilton's story continues,
with regard to the opening game in the "Iowa Hawkeyes Football Criminal
Season" (a great run across downtown Iowa City that took 8 police to catch
one of our football players, a story that bodes well for the on-field season
if not the off-field arrest record):
And Abeberell Satterfield's
counsel, Alfredo Parrish, weighs in: Lee
Hermiston, "Alfredo Parrish: 'Take a deep breath,'" Iowa City Press-Citizen,
July 25, 2008, 10:26 a.m. (While Parrish said that he would probably take
the same action as the mother of the alleged victim . . . the mother only
represents one perspective of how the investigation was handled. “She’s
only hearing second- and third-hand about what happened,” he said. . .
. However, Parrish said he does take issue with part of the university’s
investigation. Parrish said his client should have had a lawyer with him
when he spoke with his coaches and university officials about the alleged
assault.).
Wrong Again; Story DOES
Continue: July 24
Yesterday I predicted that
day's news would be the last we'd see of media attention to it -- at least
until the Regents' report of September 18. Well, I was wrong. Read on.
"Ferentz
talks about assault investigation," Iowa City Press-Citizen,
July 24, 2008, 11:13 a.m. (Coach Ferentz tells ESPN (in a statement similar
to that of President Mason yesterday), "everything was handled extremely
well" -- without responding to a single specific allegation from the alleged
victim's mother regarding his involvement or that of other UI administrators).
Here's a link to ESPN's full report of the interview -- as well as readers'
comments about it. Adam
Rittenberg, "Kirk Ferentz speaks," ESPN.com, July 24, 2008, 9:42 a.m.
And see, Andy
Hamilton, "Ferentz 'takes exception' to notion of cover up," Iowa
City Press-Citizen, July 24, 2008, 3:14 p.m. (Kirk Ferentz's similar
remarks today when opening the Big Ten Kickoff Luncheon in Chicago), in
the July 25 Press Citizen as Andy
Hamilton, "Ferentz defends UI's actions Supports how his program dealt
with the matter," Iowa City Press-Citizen, July 25, 2008.
Lee
Hermiston and Brian Morelli, "Mom to UI: 'Shame on you'; Says alleged victim
was harassed," Iowa City Press-Citizen, July 24, 2008 (the mother's
second letter of May 16 is largely a repetition of her earlier (November
19) allegations regarding University administrators' abandonment of the
alleged victim, leaving her to deal with harassment and related problems
on her own). Here is the Press-Citizen's pdf
version of the mother's May 16 letter ("Shame on all of you . . ..
You all had an opportunity through her to make a difference and be different
at your institution. From where I sit you all wasted that chance . . ..").
A draft of the mother's November
19 letter, in txt format, is contained within this blog entry, below.
Lee
Hermiston, "Direction of Inquiry Unclear," Iowa City Press-Citizen,
July 24, 2008 (Regents' advisory committee chair, and former Iowa Attorney
General Bonnie Campbell, says, "How we do this cannot be determined yet").
The report is due September 18, 9 days before the University of Iowa's
Homecoming Day (and home game with Northwestern). (And see additional details
in, Erin
Jordan, "Interviews Will Be Redone in U of I Assault Inquiry," Des
Moines Register, July 24, 2008, and the Register's thoughtful
editorial, Editorial,
"Board right to open U of I athletic probe," Des Moines Register,
July 24, 2008.)
There is an additional bit
of information in the last line of Hermiston's story that is perhaps worthy
of comment.
Yesterday I wrote (below)
about a potential issue of media manipulation in this story: the shift
of focus (whether inadvertent or intentional) away from the allegations
in the mother's November 19 letter, and onto the existence of the
letter -- and the University's refusal to make it available to the Regents'
investigator.
Well, here is another possible
example. It's a common tactic of government agencies and other institutions
to save major announcements that might reflect adversely upon them for
the evening before major holidays, or forthcoming major news events, when
they know there will be few journalists around to cover the story they'd
like to kill. I first wrote about this in the Saturday Review ,
March 11, 1972, in Nicholas
Johnson, "Why Ma Bell Still Believes in Santa." (I'd noticed that whenever
the FCC was about to stick it to AT&T's customers with a very large
rate hike they'd save the release of their decision to the evening before
a holiday -- on this particular occasion, Christmas eve.)
So what's in the last line
of Hermiston's story? After noting that "Abeberell Satterfield and Cedric
Everson . . . have been charged with second-degree sexual abuse. Satterfield
faces an additional charge of second-degree sexual abuse. Both men have
pleaded not guilty," Hermiston concludes, "Their trials are set for Nov.
3."
Can anybody tell me what
is significant about the following day (when the news would appear)? That's
right. It's Presidential Election Day. So if you want to know what happens
during those trials I suggest you do what folks did 75 to 100 years ago:
get a seat in the Johnson County Courthouse court room that day, because
there's not going to be a lot of empty space to fill with that news in
the next days' papers. The Presidential Election, and all that follows
our choice, will be to the news in early November what the floods have
been to the news in June and July. Coincidence? Perhaps.
Yesterday's Daily Iowan
story about the Regents' meeting contained the following paragraphs part
way into the story:
I have no personal knowledge
of the details referred to, or why they were inserted where they were in
the story, and thus have only curiosity rather than comment.
However, State29, who retired
from blogging earlier this month, has no such reluctance and briefly came
out of retirement to post, State29,
"Sally Mason, Miss Coverup 2008," July 22, 2008 -- but before going
there: "Caution: Rough Blog Ahead; Enter At Your Own Risk; Must Be 18 Or
Over."
Now What? -- July 23,
2008
Thank goodness this is all
behind us now, right? Well, not quite.
Each of the major news organizations
and reporters covering the story have wrap up pieces this morning. Erin
Jordan, "Regents reopen assault inquiry," Des Moines Register,
July 23, 2008; Lee
Hermiston, "Regents to re-examine UI's handling of assault case," Iowa
City Press-Citizen, July 23, 2008, p. A1; Gregg
Hennigan, Regents to reopen UI rape inquiry; UI withheld letter to protect
woman’s privacy; president apologizes to regents for omission," The
Gazette, July 23, 2008, p. A1.
Have you noticed how virtually
everyone -- Regents, UI administrators, and even the media -- have switched
our focus?
When the mother's November
19 letter was revealed, the issues involved the contents of the
letter -- how the alleged victim and her family members had been treated
(or ignored) by UI administrators.
And what's the issue now?
The existence of the letter! Why was the letter not made available
to the Regents -- either last fall, when it was received, or during the
course of the Regents first investigation? Were the administrators' reasonable
and truthful in arguing that they were legally prohibited from turning
it over?
Those are certainly interesting
issues, worthy of being pursued. But they scarcely go to the heart of what
this part of the case (i.e., the behavior of the administrators,
as distinguished from the alleged behavior of the accused) is all about.
Whether intentionally or
not, the result of yesterday's meeting is that the allegations in the mother's
letter -- indeed, anything having to do with UI administrators' behavior
-- will by tomorrow be nowhere to be found on the front pages of Iowa newspapers,
and soon thereafter will have passed from the public's mind and memory.
The Regents won't be willing
to talk about them because, well, that's now the responsibility of their
"advisory committee." The UI administrators never have been willing to
go into detail publicly. (And of course no one can talk about the other
matter, the criminal proceeding against the accused.) That pretty well
pulls the rug out from under the media, as well, once all the sources,
and access to records, have disappeared.
One is also left to ponder
how on earth the Regents' first investigation could have come up with the
conclusion -- a position that President Mason continued to express even
yesterday -- that (in her words, from The Gazette) "I have no reason,
at this point, to suspect or expect that anyone did anything that was against
policy or procedure."
Doesn't one's acceptance
of her assertion necessarily require an accompanying conclusion that virtually
all of the events, meetings, and conversations recounted in the mother's
November 19 letter are lies?
Re-read her letter; it's
included in this blog entry. Is it conceivable that any institution
would have "policy or procedure" with which the behavior alleged would
be consistent?
So, the Regents' investigator
didn't have access to the letter. So shame on the UI administrators for
not turning it over. But how, if even half of what it contained is true,
would none of that come out in a thorough investigation -- even without
access to the letter? Were penetrating questions not asked? Were they asked,
but not fully and truthfully responded to? Whatever the reasons, the Regents
aren't looking all that good this morning either.
It's all a little too reminiscent
of Defense Secretary Don Rumsfeld's reaction to the photographs from Abu
Ghraib. As Secretary Rumsfeld characterized the problem in his testimony
before the U.S. Senate, "It is the photographs, the people running around
with digital cameras." The problem, in short, was the public relations
impact on American citizens (and possibly the president's re-election),
and on Iraqis' "hearts and minds." The problem was not our pre-interrogation
techniques, the problem was the pictures of those techniques. No
cameras, no problem.
So it is with the University's
response to this alleged sexual assault. The problem is not the behavior
of UI administrators -- so long as there are no pictures or contemporaneous
records of what they did. The problem is that a contemporaneous record
has surfaced. No letter from the mother, no problem.
I hasten to note that I stand
by everything I wrote yesterday as a part of "My Take," below, and that
I have great confidence in the integrity and ability of those appointed
by the Regents to their "advisory committee." So I wait, patiently and
hopefully, for what I assume will be a report of their findings regarding,
step by step, each of the mother's allegations regarding the experiences
of the alleged victim and her family members with UI administrators. It
will be, presumably, a public document. It is due September 18.
NOTE: Regents' Meeting
Today
[Tuesday, July 22] . . .
. . . [Tuesday, 4:25 p.m.]
Mason apologizes:
Barta issues statement. "Barta
'Welcomes' Second Investigation," Iowa City Press-Citizen, July
22, 2008.
Meanwhile, the American Civil
Liberties Union of Iowa -- not to mention what will soon be hundreds of
readers submitting comments on today's stories -- is not impressed with
an "advisory committee," another Board of Regents investigation, and President
Mason's promise of a review. Scott
Dochterman and Gregg Hennigan, "Regents will reopen investigation of UI
sexual assault," The Gazette Online, July 22, 2008, updated
4:24 p.m. (look for sub-head "ICLU calls for independent investigation").
And
note, Lee Hermiston, "UI releases victim's mother's letter," Iowa
City Press-Citizen, July 22, 2008, 12:17 p.m., and Erin
Jordan, "Prosecutor: No U of I obstruction in sex abuse case," Des
Moines Register, July 22, 2008, 11:36 a.m. ("Accusations that University
of Iowa athletics officials tried to keep sex abuse allegations in-house
don't amount to obstruction of justice charges, Johnson County Attorney
Janet Lyness said today.").
. . . [Monday, 7:30 p.m.]
"The board will meet [Tuesday, July 22] at 3 p.m. in Room W401 of the Pappajohn
Business Administration Building." "Regents
to Meet at UI to Discuss Assault Investigation," Iowa City Press-Citizen,
July 21, 2008.
Here is a link
to Regents' General Counsel Tom Evans' earlier
report, characterized by Lee Hermiston, below, as a "13-page report released
by the regents in their June 11-12 meeting agenda." Lee
Hermiston, "Regents to Reopen Sex Assault Investigation," Iowa City
Press-Citizen online, July 22, 2008, 11:32 a.m. ("The Iowa state Board
of Regents plans to reopen the investigation of the University of Iowa’s
compliance with its policies and procedures while responding to the alleged
Oct. 14, 2007 assault involving UI football players. According to the agenda
for today’s 3 p.m. regents’ meeting at the university, the regents will
discuss the establishment of an advisory committee to the Board of Regents.")
For comments about all of this from a former Hawkeye, and subsequently
professional, football player with some class -- along with how Coach Hayden
Fry dealt with the challenges -- see Pat
Harty, "Dwight troubled by UI legal woes; Former Hawk says some players'
misconduct embarrasses program," Iowa City Press-Citizen, July
22, 2008.
And see, Lee
Hermiston, "Regents investigator not aware of letters from victim's mother,"Iowa
City Press-Citizen, July 21, 2008 -- in next day's hard copy edition
as Lee Hermiston, "Letter Not Included in Investigation; Regents' Attorney
Never Given Mom's Criticism of Response to Alleged Assault," Iowa City
Press-Citizen, July 22, 2008, p. A1:
• Do the mother's letters,
which include allegations the U of I mishandled the case and tried to keep
it in the athletic department, warrant reopening an investigation of how
the incident was handled? And I have another "media
question." Given that the information was known on Friday, July 18, all
over the Press-Citizen's front page on Saturday, July 19, and the
Sunday
Register's front page July 20 (not to mention the Chicago Tribune's
Web site and those of numerous other newspapers and television stations
Saturday [July 19] evening -- even USA
Today had it on the 21st) why did the Gazette wait until
this evening [July 21], in a story first posted around 5:00 p.m., and
updated at 8:08 p.m., to touch it? Gregg
Hennigan, "Regents Demand answers From UI About Assault Letters," The
Gazette, July 21, 2008, updated 8:08PM -- headlined in the next morning's
hard copy edition as Gregg Hennigan, "Board Demands Answers From UI; Letter
in Which Mom of Alleged Assault Victim Claims Daughter Was Pressured Comes
to Light After Inquiry," The Gazette, July 22, 2008, p. A1.
(b) If there was reluctance
to make reference to a story that a competitor broke, that's worrisome.
Readers ought to be able to rely on each individual paper for local news
without having to read them all to see the scoops of its competitors.
(c) If there was reluctance
to go with "allegations" (in the mother's letter) without confirmation
of the alleged facts, once the letter was spread across the pages of the
Press-Citizen
no one's privacy could be preserved by The Gazette's reluctance
to print. Besides it could always, as it ultimately did, report as its
"news" not the letter, or the allegations it contained, but the mere fact
that the Press-Citizen had published the letter and accompanying
story.
(d) If a story is not a story
until some official government body (the Regents) announces it is going
to have a meeting about it, that's another illustration of this troublesome
tendency of mainstream media. Monday's Register
reports there's a second letter; Regents to meet:
The July 19 blog entry,
as modified July 20:
For the benefit of those
out of town readers of this blog who check it for University of Iowa news,
there's more on the UI sexual assault case this morning. Here are some
links. This blog entry will be expanded today, and kept up to date as anything
more is revealed. And speaking of "more revealed," today marks the first
day of this fall's "Hawkeye football criminal season." It's small potatoes
compared with the primary story in today's blog entry, but this morning
a Iowa freshman football player got the season off to a dramatic start:
I have written at great length
about the much more serious events throughout the past 9 months involving
football players alleged to have engaged in a sexual assault, and will
not add to that today, with the exception of some summaries, and the provision
of links. (See, e.g., Nicholas
Johnson, "UI, Sexual Assaults and Secrecy," January 5-9, 2008, and
its links to additional blog entries; and Nicholas
Johnson, "Not Getting Answers," November 21, 2007, with links to four
prior blog entries, including Nicholas
Johnson, "Trouble in River City," November 16, 2007.)
For clarity, I'll provide
one of those summaries right here. As I've written for months, there are
really two stories here that tend to get conflated in the media and the
public mind.
(1) One involves who was
involved, and what happened involving the alleged victim, the early morning
of October 14. Those allegations and facts, and the legal process they
have triggered, are for the most part not involved in today's story.
(One of the latest set of revelations of those details are reported
in Lee
Hermiston and Brian Morelli, "Documents detail sexual assault case; Judge
orders release of court records," Iowa City Press-Citizen, June
17, 2008, p. A1.)
(2) Today's news only (or
primarily) concerns the second story. That is the story of University of
Iowa officials. What did they know and when did they know it (to borrow
Senator Howard Baker's famous repeated question during the Watergate hearings)
-- and what did they do about it? Who talked to whom, when, about what,
and what action followed (redacting as appropriate names of and details
regarding the alleged victim and accused)? What are the University's procedures
governing its administrators in such situations? Were they followed? Were
administrators totally candid with the Board of Regents during its investigation
(e.g., did they or did they not provide the mother's letter to the
investigator)? Were professions of "sensitivity" for the alleged victim
-- offered as a reason for a refusal to disclose their own communications
and meetings with each other -- perhaps motivated, even in some small part,
by a desire to cover up their own behavior?
In its online edition, July
21, the Press-Citizen came up with the following expansion on those questions:
• Did UI officials encourage
the victim to keep the matter in-house?
• Did UI follow its policies
in this case?
• Did UI provide, or offer
to provide, copies of the letter from the alleged victim’s mother to the
Iowa state Board of Regents when it asked questions about this matter?
• Has there been a review
of the security situation at Hillcrest Hall?
• Has anyone at UI been disciplined
or reprimanded as a result of their handling of this matter? Like Will
Rogers, "All I know is what I read in the papers." I have no inside
information regarding the answers to those questions -- nor do I have any
way to evaluate the truth of what's alleged in the letter said to be from
the alleged victim's mother, nor in the University's conflicting "statement."
So I'll just refer you to "the papers" and let you draw your own conclusions.
(By Saturday evening some 64 Press-Citizen readers had not only
done so, they were sufficiently motivated to share
them by way of the paper's "comments" feature.)
Here's the most significant
single story with which to begin:
Brian
Morelli and Lee Hermiston, "Alleged victim's mom criticizes UI; Says university
officials were unresponsive," Iowa City Press-Citizen, July
19, 2008, p. A1.
The Press-Citizen
(which includes the letter in today's hard copy edition) has provided only
a pdf
version on its Web site. So I have reproduced below what I believe
may be the only online text version of the letter available on the Internet.
Although no University official
was willing to respond to the letter, or otherwise provide a statement
for the press, a statement from "the University" -- an account totally
at odds with that of the mother -- is contained in the Morelli and Hermiston
story.
Media coverage. The Gazette
made no mention of the story in its updated, online edition -- understandably,
perhaps, in its "New
Database: Relive Some of the Greatest Moments in Iowa Hawkeye Football
History" section, but not even in its special "Iowa
City Assaults Against Women" section -- nor did the Des Moines Register.
However, the Quad
City Times did, and by 6:00 p.m. the Chicago Tribune had
done so as well, Associated
Press, "Iowa allegedly pressed to keep rape probe in house," Chicago
Tribune, July 19, 2008, 6:00 p.m. CDT -- along with Minneapolis station
WCCO-TV, and other national and regional newspapers and stations. In
the Register's Sunday, July 20, hard copy edition it ran the
Morelli and Hermiston story on p. 1 (though there was still no whisper
of it in The Gazette that morning). Having read the mother's letter,
you might want to compare it with President Sally Mason's comments to the
Press-Citizen
on November 20, 2007 -- almost precisely the same time as the mother's
letter. Here is the relevant 5-minute video excerpt from that conference.
Schantz said he
is upset about how Mills was treated and called the Stolar report "quite
wrong" in some places and that some omissions with regards to Mills testimony
were made consciously. Schantz particularly had issue with the rapid terminations.
. . ."This is not the way the university usually proceeds. I haven't heard
of anyone being summarily dismissed short of a felony without at least
telling their side of the story."
o Former law school dean Bill
Hines is quoted as saying that for President Mason to peremptorily fire
two long-term employees three business days after the Stolar Report appeared,
for "an episode that began last year . . . seems like an almost indecent
speed to find someone to blame things on."
"I don't know there
was any other alternative at this point," Fethke said. "I think she made
the choice she had to make at this point. . . . I think she had to go to
the meeting with something, a credible and forceful response," he said.
"Either she makes the decisions or they will be made by someone else."
"I believe the decision was
made by the regents." "Either she makes the decisions or they will be made
by someone else."
The Chronicle of
Higher Education has reported in recent years on such situations at other
universities. The University of Colorado at Boulder eventually lost its
athletics director, football coach and President Elizabeth Hoffman — now
the provost at Iowa State University — after two women claimed they were
gang raped by football players and recruits at a 2001 party.
Diane Heldt and Erika Binegar,
"Former Dean Says He Was Wrongfully Fired," The Gazette, September
25, 2008, p. A1, available as earlier online version, "UI
Official Says He Was Wrongfully Fired," September 24, 2008, updated
11:46 p.m.
Iowa's first full-page
ad showed Hawkeye forward Jarryd Cole dunking the ball, claiming Cole's
dunk brought the Ohio State Buckeyes to their knees and brought a sellout
crowd to its feet. The problem is that Cole did not play against OSU last
year.
Jim
Ecker, "College professors slam Iowa's basketball ad," Gazette Online,
September 24, 2008, 9:53 p.m.; hardcopy version as "College Professors
Slam Iowa's Basketball Ad," The Gazette, September 25, 2008, p.
C3.
o FEMA's
Michael Brown was not the sole reason for the institutional disaster
that followed the Katrina disaster.
The
Gazette's morning editorial acknowledged "[the] university’s mistakes,
miscommunication and inconsistent actions [and the] lack of understanding
and leadership [that] made a terrible situation worse [as] too many university
leaders did too little to make sure the [situation] was handled humanely
and efficiently." Editorial, "Inquiry Must Lead to Swift Changes," The
Gazette, September 20, 2008, p. A4.
I'm not prepared
to make a judgmental declaration as to what the Regents and UI administration
"should" have done. But I am willing to suggest that much if not all of
what's involved in "Story One" (events of last October 14), "Story Two"
(what UI administrators did thereafter) and "Story Three" (the Regents'
response and first, and now second, investigation of Stories One and Two)
could have been prevented, and would have been avoided -- up to and including
the current, postponed evaluation of UI President Sally Mason -- had more
attention been given to the formulation (and application) of a workable
"governance model."
From Nicholas
Johnson, "UI Sexual Assault Update," July 19-August 8, 2008.
Document
Index
Brian
Morelli, "UI to have week to ready response," Iowa City Press-Citizen,
September 16, 2008, p. A1 ("University of Iowa officials will have at least
a week to prepare before they respond to a [Stolar Partnership] report
detailing how they handled an alleged sexual assault involving Iowa football
players on campus last year. . . . UI officials will respond to the report
and answer questions during a special regents meeting.").
"Assistant Johnson
County Attorney Anne Lahey said after a hearing today in Satterfield's
case that the trials will likely be delayed because of numerous pretrial
motions and because attorneys involved have busy schedules.
Erin
Jordan, "U of I sex abuse trial likely postponed, attorney said," Des
Moines Register, August 13, 2008. And, Lee
Hermiston, "Attorneys: Ex-Hawk, alleged victim traded texts," Iowa
City Press-Citizen, August 14, 2008, p. A1 ("The alleged victim of
the Hillcrest Residence Hall sexual assault and accused former Iowa football
player Abeberell Satterfield exchanged text messages the morning after
the alleged assault, attorneys on both sides of the case said Wednesday.").
[F]or the 12 months
ending June 30, Iowans . . . Liquor sales grew by 6.4 percent, . . . Beer
sales . . . rose by 1.8 percent, while wine sales increased by 3 percent.
. . . The average adult Iowan consumed 37.23 gallons of beer, 1.98 gallons
of liquor, and 1.69 gallons of wine over the 12-month period.
William
Petroski, "Iowans' tippling boosts state coffers," Des Moines Register,
August 4, 2008.
Absent in the conversation
about the University of Iowa and the football players gone wild is any
serious discussion of alcohol's role in campus crime. By any measure, it's
considerable. The university police department filed 535 charges against
students in 2007. Four hundred sixty-seven -- 87 percent -- were alcohol-
or drug-related. . . . When you're talking about alcohol-related "incidents"
on campus, the number topped 1,000 for the fifth year in a row in 2007.
. . . If you look at the 18 football players arrested since April 2007,
nine of the 23 charges were directly related to alcohol. How many others
were indirectly related? . . . [T]here is such a thing as the culture of
alcohol getting out of hand, harming lives and damaging the reputation
of the university. . . . [I]t's time for a serious discussion. Let's look
at some findings from the Harvard School of Public Health College Alcohol
Study, which says . . . that campus environment can affect student behavior.
. . . If . . . conditions are ripe for heavy drinking [and] "If colleges
can change those conditions, they can reduce binge drinking among their
students." . . . Do this [the Harvard and Hansen list of proactive steps]
to show the students you mean business. Unless, of course, you don't.
Marc
Hansen, "Alcohol plays a big role in campus crime," Des Moines Register,
July 29, 2008.
The scope of the
investigation, as outlined in the contract, includes:
Jordan also reports "Johnson
County judge [Douglas Russell] has ruled the U of I is free to give the
regents internal university reports about the alleged sexual assault Oct.
14 . . . clarifying a Nov. 14 order in which he sealed all documents related
to the case . . .."
1. Reviewing specific allegations
in the Nov. 19 and May 16 letters from the alleged victim’s mother.
2. Interviewing the alleged
victim and her family, if they are willing.
3. Interviewing U of I employees
including, but not limited to, those involved in the past investigation.
4. Interviewing, as necessary,
people with expertise in sexual assault victims’ advocacy and rights.
5. Determining why the letters
and other documents were not provided to the board.
6. Reviewing U of I policies
and procedures, including, but not limited to, sexual assault and harassment.
7. Reviewing policies and
procedures relating to state and federal laws, such as the Family Educational
Right to Privacy Act, which protects student records, and the Jeanne Clery
Act, which requires universities to report campus crime.
8. Discussing the impact
of laws and court orders upon the U of I’s response to the alleged assault.
9. Revieiwng all past investigations
and recommendations evolving out of the 2002 Pierre Pierce case.
10. Writing a report for
regents assessing whether U of I procedures were followed, identifying
problems in the system and making preliminary recommendations of changes.
[Regents' General
Counsel Tom] Evans said that investigators asked to speak to the family
for the first investigation but they declined. The mother of the alleged
victim told the Press-Citizen that neither the victim, herself nor her
husband were contacted as part of the first investigation. . . . The victim's
mother said between Thanksgiving and Christmas 2007, she called the board
office and requested to speak with the regent president. She said she could
not recall the name of the person she spoke with but said she told the
person about the letter she sent and her frustrations with the case.
Looks to me like another major
issue surrounding the Regents' first investigation -- at best (from the
Regents/UI perspective), yet another "she-said-he-said."
Soon after the allegations
of the sexual assault in a UI dormitory became public, then-Regent President
Michael Gartner made this statement in an e-mail to UI President Sally
Mason: "The alleged crime itself is outrageous, if true, and is damaging
to the reputation of the University and its athletic department. But if
the policies are inadequate or the processes weren't followed, the damage
is multiplied." We pointed out in a Nov. 20, 2007, editorial that "Gartner,
a Pulitzer Prize-winning journalist, seems to have an idea of the massive
public relations train wreck that is unfolding in Iowa City." Unfortunately,
it seems no one else did . . .. Our view always has been that UI's best
strategy was to release more information and to answer as many questions
as possible . . .. What happened, though, was UI did not disclose the existence
of the mother's letters to the Board of Regents, even though UI's policies
-- and common sense -- make it clear that the Regents should have access.
. . . To quote Regent Gartner, "the damage is multiplied."
Actually, I was writing
about the same things at about that same time, and providing the similar
questions and warnings to the administrators of my beloved University --
over, and over, and over -- with precisely the same results:
[T]here are really
two stories here, not one. . . . "Story Two" has almost literally nothing
to do with "Story One" [the alleged sexual assault]. Story Two is the
story of what University of Iowa officials were involved, and when, and
what they did. Not the names of students. Not students' reports
of events. Not which students, by name, spoke with officials. But which
officials talked to which other officials and when . . .. If it turns out
that the University has had something to hide regarding its administrators'
actions in this case, it will pay a very, very high price indeed for its
secrecy and willingness to sweep under the rug of "being sensitive to the
victim" what those administrators did, or failed to do. . . . [I]t also
puts a very heavy tarnish on whatever statements may be offered in the
future when the University may have very legitimate reasons for
secrecy and the public is left with no more trust in the truth of what
it is being told than the trust it has in the statements of a White House
press officer. Despite the hundreds of lessons history offers as to the
folly of attempting stonewalling and cover-ups of that which will, ultimately,
become public, it may be only human to think that, "for me, on this
occasion, I'll be better off to duck and cover than to come clean."
See, e.g.: Nicholas
Johnson, "Culling the Flock; How About Them Hawks?" November 15, 2007;
Johnson County Attorney
Janet Lyness said a subpoena protecting documents related to the University
of Iowa’s investigation of an alleged sexual assault was not intended to
keep those documents from reaching UI officials. In a copyright story published
Friday by The Des Moines Register, UI President Sally Mason said she did
not read two of the UI’s reports about its handling of the case. Mason
cited UI’s interpretation of a seal by a Johnson County judge. “Ultimately,
I have not seen any of the reports that were written,” Mason told the Register.
Lyness said that wasn’t the purpose of the seal.
Lee
Hermiston, "Lyness: Sharing of documents was UI’s call," Iowa City
Press-Citizen, July 25, 2008, 3:24 p.m.
My comment:
The individuals involved in the UI's news and public relations operations
are, in my opinion, professional, ethical and competent. But they are,
by virtue of the nature of their jobs, obliged to do and say what they
are told -- or make their best effort to guess -- their superiors want.
So I can only assume the decision to have UI's administrators persist in
their positions that, to quote Coach Ferentz from yesterday, "everything
was handled extremely well," must have come from those administrators rather
than their public relations advisers.
Meanwhile, Coach Ferentz simultaneously
insists "everything was handled extremely well" and "It may not
be fair, but anybody who violates our team rules this coming year, the
consequences are going to be a little more severe than they've been in
the past." Andy
Hamilton, "Ferentz draws line in the sand; Focuses on 2008 roster, new
standards of discipline," Iowa City Press-Citizen, July 25,
2008. (And see Andy
Hamilton, "Hawks Looking to Future," Iowa City Press-Citizen,
July 26, 2008.)
Riley Reiff might
be the first to face the consequences of a more stringent program. The
incoming freshman was arrested last weekend for public intoxication and
interference with official acts after allegedly leading eight police officers
on a 20-minute chase in downtown Iowa City. Ferentz said Reiff won't be
dismissed from the team, "but it'll be a painful road back." "I think it's
fair to say his incident will be treated a lot differently than it would've
a year ago," Ferentz said. "I'd like to think we're educators, and I'd
like to think we'll be fair to him, yet at the same time, he's been in
Iowa City long enough to know, I would hope, that what he did was not only
bad in itself but directly worked against the cause that I think everybody
on our team is committed to taking the right path on."
And see, Pat
Harty, "Coach Defends His Actions in Inquiry," Iowa City Press-Citizen,
July 25, 2008 ("[W]hat makes this case so maddening and hard to comprehend
[is that in] order to believe the mother's version of what happened you
almost have to believe that some UI officials are corrupt and dishonest.
. . . [T]he stench from this case will continue to linger, along with the
two different versions of what happened."), and Scott Dochterman, "UI Rape
Case: Ferentz met with alleged rape victim; Insinuation of cover-up draws
angry response from UI football coach," The Gazette, July 25, 2008,
p. A1, a somewhat shorter version from the day before, Scott
Docterman, "Ferentz speaks about meeting alleged victim, family," The
Gazette Online, July 24, 2008, 5:07 p.m.
During Mason's term
as provost at Purdue University, that school was criticized for its handling
of an academic misconduct case. The initial inquiry found a Purdue researcher
innocent. The case was reopened, and the subsequent investigation, which
closed on July 18, found that the researcher had, in fact, fabricated research
results. The Purdue misconduct case reportedly gave members of the UI presidential-search
committee pause, but those issues aren't playing a part in this controversy.
"We're focused on the current situation," Miles told a DI reporter after
the meeting.
Alyssa
Cushman, "Regents reopen rape probe: Top UI officials withheld documents,"The
Daily Iowan, July 23, 2008.
"Let me begin by
expressing my profound and sincere regret for the failure to notify you
of the letters that came to the University of Iowa from the mother of the
UI student who reported being sexually assaulted last fall in Hillcrest
Residence Hall. I apologize for this error and for not making certain that
the board had access to all information relevant to this case." "The original
thinking that federal law known as FERPA, designed to protect student privacy,
prevented the letter from being shared with our Board of Regents leadership
is just not tenable. There is no excuse for the failure to turn over those
letter as part of the investigation that you directed the Board of Regents
office to conduct in the wake of the report of the assault."
"Regents
reopen investigation; Mason apologizes," Iowa City Press-Citizen,
July 22, 2008; her full statement to the Board of Regents is contained
in "UI
President Mason responds to Regents’ request," Iowa City Press-Citizen,
July 22, 2008, 3:49 p.m.
“I wasn’t made aware
of the existence of either letter,” Evans said, adding UI General Counsel
Marcus Mills told him of the letters Friday morning. . . . According to
Evans’ [13-page report released by the regents in their June 11-12, 2008,
meeting agenda], after a “comprehensive review of the facts … it is clear
the University officials fully complied with internal procedural requirements.”
However, Evans’ comprehensive review seemingly did not include any input
from the victim or her family. “We asked to speak to the family, and they
declined,” Evans said.
And, below, the
26 questions to which the Press-Citizen thinks the Regents should
obtain answers from University of Iowa administrators. Erin Jordan reports
this morning [July 22] that Regents' President David Miles has boiled them
down to two:
• Why did U of I
officials not tell regents about letters the university received from the
alleged victim's mother?
Erin
Jordan, "Regents to Evaluate U of I Action in Rape Case," Des Moines
Register, July 22, 2008.
(a) If there was
an initial concern that story was copyright, that was resolved when it
became an AP story at 6:00 p.m. and others began going with it.
Having now played my role as
The
Gazette's media ombudsperson let me go on to balance it a bit by referring
you to its editorial this morning, as yet one more example of the outstanding
local leadership the paper provides Eastern Iowa on a range of public policy
issues -- this time having to do with future planning regarding local floodplains.
Editorial,
"Explore Where We Haven't Gone Before," The Gazette, July 22,
2008, p. A4. [Monday, 1:30 p.m.]
Iowa Board of Regents
President David Miles said he is shocked University of Iowa officials did
not tell regents about letters they received from the mother of a U of
I student who alleges she was sexually assaulted by U of I athletes last
fall. The board will meet Tuesday afternoon in Iowa City to discuss in
an open meeting the U of I's response to the reported assault and the reasons
why the mother's letters were not disclosed to the regents during an earlier
investigation of how the incident was handled. . . . The university did
not do itself any favors by not providing this document," Miles said. [See
below for story about, and full text of, the first letter.] . . . The mother
sent a second letter to U of I President Sally Mason on May 16, regents
confirmed. . . . "It [the letter/s] raises a lot of concerns as to the
level of support given to a student who was alleged to have been a victim
to a criminal act, a felony," [Regent Bob] Downer said. . . . [T]he board
investigated the handling of the incident earlier this year. The investigation
was ordered because of concerns about a three-week delay between the date
of the alleged assault and the start of a police investigation. The board
office staff released a report in June saying the U of I did nothing wrong.
Erin
Jordan, "Regents official 'shocked' by letters sent to U of I," Des
Moines Register, July 21, 2008.
Incoming University
of Iowa freshman football player Riley Reiff pleaded guilty to public intoxication
and interference with official acts early Saturday morning . . . [and]
was fined $562 . . . following a drunken chase in downtown Iowa City [where
he] was observed as disoriented and taking off his clothes in an alley
. . . ran into the Pita Pit's kitchen and knocked several trays on the
floor, according to police. Police say it took nearly 20 minutes and eight
officers to apprehend Reiff. He . . . refused to take a Breathalyzer test.
Since April 2007, 18 Iowa football players have been arrested, including
five on felony charges. Iowa officials were unavailable for comment.
Scott
Dochterman, "Iowa football player pleads guilty after downtown chase,"The
Gazette Online, July 19, 2008, 2:01 p.m.
• Who at UI met
with the alleged victim between Oct. 14 and Nov. 5?
Editorial,
"Sex Assault Questions That Must be Answered," Iowa City Press-Citizen
online, July 21, 2008.
How many times did each
UI official meet with the alleged victim and what was the purpose of the
meetings?
What was said by the officials,
the alleged victim, her family and others the meetings?
Are there written records
or audio or video recordings that document the meetings?
If so, why?
If not, can UI provide documentation?
Were any of the policies
in conflict with each other?
Were the policies bad policies?
Did anyone at UI raise concerns
about the policies or the handling of the matter in general?
If not, why not?
What questions did the Board
of Regents ask UI when it was investigating these issues in late 2007?
Who did Regents representatives
talk to when they investigated?
Do the Regents now feel
that investigation was adequate?
If so, who conducted the
review?
Did UI football players
have a key to the vacated room in the dormitory where the assault allegedly
took place?
If so, who gave them the
key?
Whose room was it?
Did UI officials know the
room was empty at the time of the alleged assault?
Did UI violate its residence
hall policies?
Did UI officials allow or
direct Hawkeye football players to move back into the room after the alleged
assault?
If so, when, and why?
Did football players throw
away things found in the room that might have been evidence in the criminal
case?
Did UI officials know that
potential evidence might have been removed?