calumnus said:
Shocky1 said:
Shocky1 said:
monster mailbag part deux: the rest of the conversation
Dan, thank you for responding so quickly, that is appreciated.
It would then appear to be the university's policy to not commence any investigations until lawsuits are formally served but wouldn't it make strategic and expeditious sense to have had the Munger costly & lengthy report include any findings of potential senior administration department wrongdoing in order to get ahead of the high probability of future lawsuits?
Also appreciate your carefully selected choice of words when the Munger report was received that gave me the perception that you appeared to be not on board with Knowlton's apparently unilateral decision to apologize to the swimming families which no doubt will impact the university's ability to conduct a proper defense in future lawsuits.
You are in an interesting scenario of hopefully seeking the truth but also defending the university.
Bill
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Bill,
Not quite. While we do comment when there is litigation, the law does not allow us to release and comment on an investigation if and when there is finding that policy was violated. This is why we were able to release and comment on the Munger report. And, again, as I described below, there are set criteria for when investigations are launched so if an investigation was not conducted, that means the criteria were not met.
Finally, while I'm not sure which words of mine you are referring to as "carefully selected," but I can assure you that I did not, in any way, intend to convey disapproval of any sort in regards to the Athletic Director's message. I can also assure you that in these situations all of our communications, including the AD's, are reviewed by our attorneys.
Best
Dan
monster mailbag part trois: well informed/connected attorney
I'm not aware of any legal duty by the athletic director or administrators to respond to parent complaints about a coach. Moreover, there is a process that athletes and students in general have been told to use to complain about violations of University rules. Indeed, all athletes sign documents upon admission that require them to use that process if they witness violations, even if they are not the ones hurt by the violations. When it comes to the AD not being responsive to complaints from swimmer families, the University likely is way more pissed from an optics standpoint, than liability from swimmers suing.
The Munger Report may contain info on what was known by the administrators, but that information would be deleted in the Report circulated to the public. Whatever Knowlton and other administrators knew will become known to the Chancellor's office during the discovery in the McKeever lawsuit. That does not mean that information will become public.
The Chancellor's office should have the redacted portion of the Munger Report and there should be enough indication of possible violations (Munger did not look at the issue specifically, so the AD was not cleared) to launch an investigation of the AD.
All university employees are obligated to promptly report potential violations no matter the source. The AD does not have immunity from university policy, in fact he is ultimately responsible for the compliance of everyone working for him. That was the issue the university announced it would be investigating regarding Martin in the Hufnagel case (announced days before the NCAA Tournament where we had ia 4 seed, the highest seed in Cal history).
The Chancellor cannot suspend the enforcement of policy due to the risk of litigation stemming from violation of the policy. Wasn't that the university's excuse for launching the investigation into Martin and Mogulof announcing it the day before the team left for the NCAA Tournament rather than delay the announcement until after the Tournament?
Or could they have delayed the announcement but they were actually trying to undermine the team? .
This seems wrong on so many levels. Yes the Chancellor's office would know what is in the redacted portion of the Munger report. That is about it.
We don't know what is says, because it is redacted. Suggesting that it must be enough to prompt investigation recklessly assumes two things you don't know: (1) what Munger said, and (2) that a complaint had been filled against the administrators (I suggest you read Magloff's response above as to what triggers a formal investigation under Cal's rules). There are several disconnects in what Munger Report says. For example on page 429, the Report says exit surveys and swimmer interviews did not contain negative comments on McKeever. On the same page, witness Assoc. AD O'Neil said (w/o contradiction by Munger) that McKeever received very little negative feedback on end of year reviews by swimmers and that support staff said they had great relationships with McKeever. I have been told by a well known poster here that the interviews were conducted and summarized by someone other than JK and O'Neil. That said, O'Neil was said to be following McKeever around in another Report section (and failed to observe any misconduct). But her observing McKeever closely suggests maybe she at least suspected something wasn't right. But the point is you don't know what the Report said in the redacted section or what JK or O'Neil knew and when, so it is rather presumptuous to declare it is enough to start an investigation.
There are two other disconnects, and people who work in big offices get the first one, which is nothing happens until someone files a complaint. There is a lot of stuff that happens that may be technical violations or inappropriate, but that doesn't mean it rises to the level that people actually file a complaint. And the second disconnect is you are equating the complaints here to sexual harassment policies (see the discussion of Martin below).
Bootstrapping a duty on the AD to report all potential rules violations he is informed about to the Chancellor is ridiculous. I'm sure no one thinks that every time a parent calls complaining their child was verbally abused by a coach, the AD is going to report that to the Chancellor. (Even in the sex harassment case, JK would not report the problem to the Chancellor: only Cal supervisors and managers are required to promptly forward any sexual misconduct complaints to a Responsible Employee who in this case is the AD, and the AD evaluates if there is a potential violation, and contacts OPHD). The problem is almost all the swimmer complaints don't fall under the Responsible Employee umbrella reporting requirement (use of the N word would be a notable exception). For example, if the head coach thinks his assistant coach is riding a player (or players) to hard, he generally can discipline the assistant without the AD's or anyone else's approval.
Which gets to the misdescribed Martin "investigation". For those that don't follow men's basketball (consider yourself lucky), the university launched the inquiry into an assistant coach named Yanni Hufnagel two days after a female journalist sent then Head Coach Martin a long email describing in graphic detail the unwelcome advances she received from his assistant. The investigation concluded Huffnagel had violated sexual harassment policies and he was terminated by Martin. The reporter had been involved in a prior incident where she had disclosed team strategy that she had learned from Huffnagel. Martin had ordered that she should be "frozen-out" from team news thereafter. He did not revoke that decision after firing Huffnagel. In any event, the reporter then filed a complaint stating she had informed Martin orally weeks before her email about Huffnagel's conduct.
Cal then announced it "initiated a review of all of the documents and communications related to Martin's action." There is no requirement that Cal announce when it does a review, no less a formal investigation. (Most news source go it right that it was an informal review, and then of course there was the Comical that naturally called int an investigation). Nevertheless, the announcement was made right before the NCAA postseason an AD who continually demonstrated he had no prior experience as an AD. In any event, a redacted portion of the report on Huffangel had noted Martin had told campus investigators he did not get a sense from his initial phone conversation with the journalist which discussed the information ban, that she felt she "had been mistreated" and "denied that she provided any details or described anything as constituting sexual harassment." Moreover, after receiving the email containing details of the relationship with Huffanagel, Martin properly followed procedure and contacted the Asst. AD he reported to, and that Asst. AD had contracted OPHD. My understanding is Martin was furious about the news release and its timing.