At first glance, Baylor University did everything right when it emerged that the school had utterly mishandled accusations of sexual assault, particularly by the football team. Following an independent investigation, Baylor demoted–and ultimately pushed out–president Ken Starr and fired head football coach Art Briles. But tomorrow’s edition of The New York Times reveals that Baylor left out one very important detail. There is no written report detailing the results of the investigation.
When Baylor asked Philadelphia law firm Pepper Hamilton to investigate its response to sexual assault, it granted the firm “unfettered access” to university personnel. In response to numerous requests for the release of a full written report, Baylor interim president David Garland revealed that Pepper Hamilton gave “an oral presentation” that detailed its findings “and the evidence supporting its findings.”
And yet, despite conducting 65 interviews and gathering a million exhibits, the only documentation of the probe is a 13-page executive summary detailing the firm’s findings of fact. Baylor spokeswoman Tonya Lewis maintained that the release of such a report is “virtually unprecedented,” given how extensively it documented how Baylor failed victims.
To be sure, the executive summary is absolutely scathing. It revealed that under Briles’ watch, football staffers willfully kept accusations of sexual assault and domestic violence in house, even when university officials protested. The football staff also failed to adequately vet transfers, and actively helped players kicked off the team transfer elsewhere–thus endangering students at both Baylor and other schools.
What is telling, though, is that few employees’ names are mentioned. To be sure, federal privacy law bars universities from releasing students’ names in such matters. But there is no such restriction on releasing employees’ names. So why didn’t Baylor release the names of personnel involved in this travesty, both on the football staff and off?
For instance, Briles was rightly fired because it is clear that, at the very least, he stood and watched while his staffers put a winning team over university integrity and student safety. And he proved beyond any doubt that he has no business working in college football again when he reneged on a promise to apologize to one of the victims. But it’s hard to believe he’s the only one whose career should be over.
Additionally, a number of administration and athletics personnel were fired in addition to Briles. As the Baylor Line Foundation, Baylor’s legacy alumni group, pointed out, without a full report, we don’t know if the right people were held to account.
Donna Lopiano, the former women’s athletic director at Texas and a consultant on Title IX issues, has a theory.
“It’s very common, if you don’t want something discovered in court, to not have a written record.”
Lopiano thinks that may explain why there are so few names listed in the executive summary, since “names tell who you can sue.” She added that the only way to know whether “you’re getting a true and independent investigation” is if a researcher “publicly reveals her data.”
I’d add something else. In the case of football personnel, they also tell who should be sanctioned by those bodies in a position to do so. Baylor was concerned enough about the egregiousness of the conduct that it forwarded the findings of fact to the Big 12 Conference and the NCAA. But without more details, it’s hard to see how any sanctions would be credible. That’s a shame, since it’s clear beyond any doubt that Baylor won games with the help of players who had no business being on campus, let alone on the field.
Ultimately, Baylor may not have a choice but to reveal more details The Big 12 has asked Baylor to turn over all written and oral information related to the Pepper Hamilton investigation. Additionally, an attorney for one of the accusers in a Title IX suit has let it be known that he will ask for “any sort of investigation materials” in discovery.
This could have all been avoided had Baylor released a full written report. While Baylor deserves to be applauded for the steps it’s taken so far, it needs to assure the nation that it is taking steps to ensure there is not a next time for this.
