NoBSU said:
Keyser Soze said:
For those asking the University Policy at the time:
"Under Title IX and Clery, a University must have campus policies and procedures for the reporting and investigation of reported sexual assaults. This is in addition to any criminal law enforcement action a victim may seek. Many university employees have reporting responsibilities and if they learn of a reported sexual assault, they must share the report with the designated official on campus. In 2013, Athletic Department coaches and staff should have reported the incident to one of three places: the University's Title IX Coordinator (then the VP of Human Resources), Judicial Affairs, or the Baylor University Police Department, all of whom would have been in a position to assist the victim and take responsive action. While a victim may choose where or how to report a sexual assault, once informed of the report, athletics personnel may not exercise discretion to not report."
https://www.baylor.edu/thefacts/news.php?action=story&story=174834
Uh oh...
Mandatory report to specific personnel. If HR is worth their salt, they have a signed acknowledgement of that Employee Handbook. I did a new one last week for my higher education employer.
So Ian and Briles were in violation. If Barnes called Judicial Affairs as alleged, then he was fine. Would not mean Ian and Art are in compliance. Ian being "aware" means absolutely nothing for Briles.
Missing a few points here.
1) The "report" made directly to Barnes was 14 moths after the incident. This was well beyond the reporting period limitation under the OCR guidance at the time, and beyond the later extended report time under the further guidance which is now the standard.
2) The parent of the player was involved and neither the player, nor the parent wanted the incident reported to police or university.
3) Barnes (as the recipient of the first-hand "report") made the others (who received the "report" second-hand) aware of his call to JA.
4) The player was withdrawn from school the next day, meaning no T9 investigation would have occurred. (How long does an employee have to report second-hand information? Ten minutes, One hour, Close of Business, End of the week, 24 hours, 48 hours?) Less than 24 hours later she was no longer a student.
5) All of the football players involved had either already left school, or, in the case of the one player left, on suspension for other things. If the complainant had still been a student (which she was not as of the next day), the T9 process would have lasted only as long as the last football player had been enrolled.
6) Barnes was fired (and no one else), and his replacement hired, two years before the PH investigation.
Finally, what "responsive action" could the Baylor University Police Department provide a "victim" (who didn't want to report) 14 months after an incident?
This is just a very bad case to hang terminations on, considering also that all of this was known at the time of Barnes' dismissal. If others should have been dismissed as well, then who made the decision not to dismiss them? That decision had to be based on university policy in effect at the time.