Last updated 4/1/2015
Lawsuit against Dana Altman and UO by the alleged rape victim, and the countersuit by Altman and UO against the victim. Docket and links to documents here.
Lawsuit against UO by two UO Counseling Center employees alleging UO improperly accessed the alleged rape victims counseling records. Docket and links to documents here.
(Thanks to RECAP the Law for providing a legal way to subvert the US Court’s PACER paywall, and make these documents publicly available.)
Comments with corrections, dates and links are welcome, I’ll add them in when I have time.
UO public relations has posted it’s own “detailed timeline” today. It’s not very detailed, doesn’t contain any links to any documents, and makes no effort to explain the latest, below. Mostly it’s Gottfredson throwing Randy Geller under the bus, along with a few shoves at the Eugene Police Department.
Meanwhile, Gottfredson’s Public Records Office is doing it’s usual stall and delay release of documents that might embarrass the UO administration.
Recent updates to the full timeline:
March 14: Duck athletic department blames gap in sexual violence training on faculty.
That’s what I learned this afternoon from UOPD spokesperson Kelly McGiver. He didn’t seem happy. I was so amazed I asked him to repeat it, twice. He did:
“Chief McDermed, myself, and the chief UOPD investigator never saw a copy of the EPD investigation until the story broke in the Register Guard, and we downloaded it from the RG website.”
That would have been on May 6th? The official EPD timeline says
On April 14, the detective called the UO and told them of the DA’s determination on the case and advised them that they could get report from EPD Records or DA.
I think President Gottfredson intended to hide these allegations from the campus forever. But even from his own police? How does he expect them to do their job? How does hiding this from the UO police help “protect our students”?
On March 13: Four days after Gottfredson learned of the allegations, nearly three years after the US Office of Civil Rights issued new guidance, and nearly two years after Gottfredson became UO president, UO VPSA Robin Holmes finally submits revised changes to the UO Student conduct code that would make it consistent with the OCR guidelines: Extend it to off-campus violations, and lower the standard of proof for university discipline for sexual harassment violations to a “preponderance of the evidence”. Holmes’ letter to Senate President Paris here, more here.
January 7: Coach Altman recruits Brandon Austin from Providence College.
Brandon Austin, a former top-50 national recruit from the Class of 2013, has committed to transfer from Providence to Oregon, a source told CBSSports.com on Tuesday. Austin was suspended from Providence this season. He’s a 6-foot-6 wing who never actually played for the Friars. He should be eligible at Oregon in December of next season.
Altman knew of this year-long suspension, but says he did not ask Austin, his coach, or his family what he had done to deserve it.
March 8: The Ducks defeat #3 Arizona in a home game.
March 9: President Gottfredson is informed of allegations of a gang rape of a female UO undergraduate by Duck basketball players Austin, Damyean Dotson and Dominic Artis over March 8th and 9th, taking place in two apartments that were one and four blocks from campus. The father of the student called the UOPD to report the alleged rape. It was “immediately” reported to President Gottfredson and EPD, but not put on the UO police log or, apparently, report it to the EPD. (ODE story here.) On March 13 the victim called the EPD to report the alleged rape. The EPD opened an undercover investigation March 14. President Gottfredson says he told the athletic department about this investigation, but did not give the names of the players. AD Rob Mullens and Coach Altman later say they heard rumors, but weren’t given confirmation of the names.
Here is the official EPD timeline:
- An EPD patrol officer took a report on 3/13/14.
- An EPD Violent Crimes Unit detective was assigned the case on 3/14/14. On that day, the UO called the detective, but the detective did not provide names so as not to harm the investigation. He asked UO to pause on their administrative reviews until after the criminal investigation was complete. That this is a common practice to avoid harming the investigation. The main responsibility of police is to conduct a thorough investigation that is just and fair to all parties.
- The detective kept the UO apprised of the investigation’s steps (process, not details and names) in a timely manner to allow for UO to proceed with their own requirements.
- April 8, the detective’s investigation was completed and sent to the District Attorney for review.
- Sometime around April 8, EPD informed the UO that the criminal investigation was complete and had been sent to DA for review.
- On April 14, the DA made determination in the case.
- On April 14, the detective called the UO and told them of the DA’s determination on the case and advised them that they could get report from EPD Records or DA.
March 13: In a contradiction of the above, KMTR news reported 5/12 that, according to a timeline provided them by the EPD, Gottfredson and the UO police waited 4 days, i.e. until May 13, to report the alleged gang rape to the Eugene police department.
March 13: Four days after Gottfredson learned of the allegations, nearly three years after the US Office of Civil Rights issued new guidance, and nearly two years after Gottfredson became UO president, UO VPSA Robin Holmes finally submits revised changes to the UO Student conduct code that would make it consistent with the OCR guidelines: Extend it to off-campus violations, and lower the standard of proof for university discipline for sexual harassment violations to a “preponderance of the evidence”. Holmes’ letter to Senate President Paris here, more here.
March 18: Rachel Bachman and Matt Futterman report in the WSJ that the Providence suspension was for an alleged sexual assault against a female student, with another PC basketball player, and that the Providence police are investigating the allegations.
March 19: Altman responds, telling Bachman:
the school “felt comfortable with our decision” to accept Brandon Austin as a transfer from Providence College, but that the player’s status would be reviewed after the NCAA tournament.
March 22: The Ducks lose their second NCAA tournament game, playing two of the alleged rapists. The effort earns $95K in bonuses for Coach Dana Altman, his assistants, and AD Rob Mullens.
April 2: Rumors report that new UO Chief Human Resources Officer Mark Yuran has abruptly resigned. This is confirmed on April 16. Campus rumor is that his questions about UO’s Title IX compliance were one issue.
April 9: The UO Senate votes unanimously to ask Gottfredson to conduct an open search for a new Faculty Athletics Representative, including an opportunity for public questions of the finalists by the faculty, in whose name the FAR serves. The FAR’s responsibilities include monitoring student-athlete conduct. Current FAR, Jim O’Fallon, announced his retirement in March, after an erratic 25 year term.
Gottfredson refuses the call for an open search, saying the FAR will report to him alone. He also ignores calls for a review of O’Fallon’s job performance, a question first raised by a joint faculty/administration committee in 2004. As of 5/11 Gottfredson still has not filled the FAR job, and frankly it seems unlikely any UO professor will take the job under these constraints.
April 9: The UO Senate approves an Academic Freedom policy that gives UO employees, including athletic department employees, protection from retaliation if they criticize UO policies or procedures. President Gottfredson objects to giving non-faculty employees this protection. As of May 11 he still has not signed it. At his May 9 news conference Coach Altman says he wanted to speak about the alleged rapes earlier, but Gottfredson would not let him.
April 10: The athletic department completes a report (not released until 5/13) on its efforts to provide sexual violence prevention training to athletes. They blame the UO faculty for the gaps.
April 14: The EDP tells UO that their investigation is complete. Under the Clery Act UO was required to begin its own investigation “immediately” after learning of the allegations, but certainly no later than the conclusion of the police investigation. Any UO investigation would have started with the EPD report. But despite EPD requests, UO did not even pick up a copy of the report until April 28. (April 24 in some reports.) That’s 50 days after Gottfredson knew of the alleged rape.
April 21: UO General Counsel Randy Geller tells President Gottfredson he is resigning. The campus is not told until May 5.
IMPORTANT DATES All dates are subject to change
Season ticket application deadline & half of DAF donation is due.
Priority points calculated for season ticket and single game benefits.
April 28: UO finally picks up its copy of the investigation from the EPD. (April 24 in some reports.)
April 29: UO’s official “Around the O” blog reports that UO Professor and co-founder of the UO Coalition to End Sexual Violence Jennifer Freyd (Psychology) has gone to the White House for the announcement of new Title IX rules strengthening universities sexual assault reporting and prevention efforts.
April 29: President Gottfredson suddenly announces he will not require AD Rob Mullens or other athletic department employees to meet with the UO Senate’s athletic oversight and advisory committee, the IAC. Quoting a report by IAC chair Rob Illig (Law) that was never approved by the IAC or the Senate, Gottfredson says he will establish his own “Athletics Advisory Council” and make his own appointments.
The UO Senate Executive Committee declines to cooperate with Gottfredson’s request for nominations to his AAC, until further discussion. Details and documents here.
April 30: Andrew AD Mullens and Coach Altman are finally given a copy of the EPD investigation from President Gottfredson’s office. They meet with their players that evening, and tell them that Gottfredson and Mullens have decided to dismiss them from the team. Still no public notice or statement to UO students.
May 4: Sport reporters notice Austin, Dotson, and Artis are not showing up at basketball practices, and start asking why.
May 5, 12:44 PM: Gottfredson announces Randy Geller has resigned. Geller’s statement says
Geller added that he “ suspect(s) there will be some on campus, given the nature of my work here, that may try to frame this as something other than the simple truth: it is time for me to move on to the next chapter of my professional career.”
May 5, 5:30 PM: Andrew Greif publishes the first story on the rape allegations in the Oregonian, here. His report says that the players are now suspended, and that Lane County DA Alex Gardner has concluded that the events did happen, but that he cannot win a rape case in court. While the federal Clery Act requires that UO report sexual assaults – for obvious reasons of public safety – no mention was ever made in the UOPD log and no alert to UO students was sent. Greif’s report is the first public information on these assaults. There is no suggestion that UO ever planned to report them. Coach Dana Altman was apparently in the process of trying to transfer one of the alleged rapists to another university – just as happened with Austin – when the news went public.
May 5 late PM: President Gottfredson posts a brief statement on his website, about “media reports”.
May 6: UO Police Department finally gets a copy of the EPD police investigation, but not from Gottfredson or Johnson Hall. They only got it because they read the Woolington story, and then downloaded it from the Register Guard Website.
May 8: UO faculty and students march on the Johnson Hall administration building, chanting “Survivors before sports” and asking for transparency. They don’t get any answers.
May 9, 11AM: 2 months to the day after he learned of the rape allegations, President Gottfredson makes his first public statement to the UO community, at a press conference. He says that federal privacy laws prevented him from telling the campus community about the alleged rapes, gives a confused version of the timeline, and does not address UO’s Clery Act responsibilities. He and Rob Mullens and VPSA Robin Holmes spend 12 minutes answering questions, then leave, saying they have “other obligations.”
May 9, 3PM: Coach Dana Altman holds an invitation only news conference in the Knight Arena press room for selected sports reporters. I get in with last minute permission from spokesperson Julie Brown. UO students are not allowed in, but two sneak in. One asks Altman if athletes get sexual assault and harassment training. He says they do, but that for scheduling reasons none of these three had gone through it. He also says that he does not know what the training consists of and has not taken it himself.
My understanding is that the OUS Board has authority to fire Gottfredson until July 1, at which point it becomes the UO Board’s job. I think the most likely outcome is a resignation within the next few weeks. Alternatively, the UO Board could wait until it takes authority, call a special meeting, and start off with a clean slate and a demonstration that it is in control of the situation.
May 14: The Senate’s Intercollegiate Athletics Committee will hold a public meeting at 9AM in the 4th floor Lewis Lounge of the law school, chaired by Rob Illig (Law). AD Rob Mullens and FAR Jim O’Fallon (Law emeritus), ex-officio members of the committee, have refused to attend.
May 14: The UO Senate meets at 3PM in 115 Lawrence. President Gottfredson is scheduled to talk to the faculty and answer questions. There will be many, likely followed by a motion for a vote of no confidence from the floor, which will require a 2/3 majority to come up for a vote.
May 16: The OUS board has a scheduled public meeting. Firing Gottfredson would require they amend the notice of meeting here, and probably add an executive session to discuss “a personnel matter involving a university president” to be followed by a public meeting at which Gottfredson could defend his actions, as was done with Richard Lariviere. 24 hours notice is required.
May 29: The UO Board’s committee on “Academic and Student Affairs” has a public meeting. Presumably Gottredson will have to explain what happened and how he handled it. The agenda and docket will be posted here.
June 12 and 13: The full UO Board will meet.
July 1: The UO Board gets authority to fire and hire the UO President.
Editorials and key stories:
For too long, we have been falsely assured that the university responds swiftly and effectively to survivors. For too long, we have been told that the university “has established internal conduct processes for handling misconduct allegation.” When we raised issues about serial perpetrators, we were told that the university had no evidence about these. When we talked about institutional betrayal, we were repeatedly told by UO administrators that the people they meet with have uniformly positive experiences of the process. We are angry and bitter that this institution has betrayed our trust. When our institution is more interested in winning ball games than protecting students, that is institutional betrayal. This type of betrayal harms us all.
The UO administration has frivolously used the Family Education Rights and Privacy Act — a law intended to protect a student’s educational record — in order to defer any questions about the incident, creating a general lack of trust among the media and many faculty members.
May 9, Oregonian: The survivor: “I thought maybe this is just what happens in college”
May 10, Austin Meek in the RG: “At some point, plausible deniability ceases to be plausible.”
… It was an impressive [press conference performance] — far more impressive than the school’s dawdling and appallingly inept initial response to the original complaint, which the father of the alleged victim filed with UO police on March 9. …
For example, the UO Police Department’s March crime log contains no report of a sexual assault at a home in the 1200 block of East 22nd Avenue. Nor does it show a report of a sexual assault at an apartment complex where the UO players were alleged to have taken the victim and continued sexually assaulting her. Yet the federal Campus Security Act requires colleges and universities to report information in a timely manner about crimes on and near their campuses. Nor were UO students notified, as required by federal law, about the assault until more than a month later.
The text of Clery Act: http://www.law.cornell.edu/uscode/text/20/1092
(A) Each institution participating in any program under this subchapter and part C of subchapter I of chapter 34 of title 42, other than a foreign institution of higher education, that maintains a police or security department of any kind shall make, keep, and maintain a daily log, written in a form that can be easily understood, recording all crimes reported to such police or security department, including—
(i) the nature, date, time, and general location of each crime; and
(ii) the disposition of the complaint, if known.
The Student Press Law Center on how universities illegally use FERPA to hide info that might embarrass them, links here.
The UO Coalition to End Sexual Violence, here.
UO Public Records Office contact info and public records request log. (The log is well worth reading. Sports reporters from the NYT etc are digging deep into Gottfredson’s cover-up.)
Suggested questions for Gottfredson, Geller, Altman, Mullens, police: (Please add in comments).