A lapse in leadership

The University of Idaho released the results of an investigation into the athletics department Tuesday afternoon.

The review, conducted by external consultants Patricia Olsson and Dan Bebee, detailed all that had gone awry in the department’s mishandlings of sexual misconduct reports in 2012 and 2013.

The investigation reports UI Athletic Director Rob Spear “responded inadequately” to reports of sexual misconduct by two female athletes.

The report found a change in reporting guidelines prior to victim Mairin Jameson’s report to the athletic department was “seriously under promoted” within the university.

In 2011, the U.S. Department of Education adopted new sexual misconduct reporting guidelines specified in a “Dear Colleague” Letter (DCL) for higher education institutions that receive federal funds. The DCL “spelled out, in great detail, the Office of Civil Rights’ (OCR) interpretation of Title IX’s requirements for training, reporting, investigating, communicating, and overall processing violations of Title IX,” according to the report.

Previous guidance into sexual assault reporting, dating back to guidelines from 2001 by the Office of Civil Rights, was not being immediately adopted by universities across the country, according to the report. The DCL sought to change that.

In 2012, former UI President Duane Nellis issued an Emergency Policy (EP) adding off-campus sexual harassment and violence to the university’s jurisdiction.

However, according to the report, the notice of this change flew under the radar.

“In spite of this significant change in policy, we found no evidence of notice of this Emergency Policy provided to the University community, which seems to defeat the fact that it was designated as an emergency,” Olsson and Bebee wrote.

Investigators found the meeting between Jameson and Athletics Director Rob Spear was in some way impacted by the lack of communications regarding the internal change in policy and the external change in guidelines.

Dave Lehmitz, a Moscow Police Department officer present in the meeting, said “the University could take no action because the incident occurred off-campus,” according to the report. That would mean no one in the meeting knew off-campus sexual assaults should and could be handled by UI.

“In addition, the DCL required that each individual in the meeting should have advised or escorted Ms. Jameson to the Dean of Students Office to immediately report to the Title IX Coordinator,” according to the report. “None had training to do so and none did.”

The report also analyzed the numerous interactions between Spear, Jameson and her family. In one meeting, Spear urged Jameson to press charges against her assailant, football player Jahrie Level, through the MPD. According to the report, Spear was acting in earnest, pushing Jameson to the only option he thought was viable.

However, the external investigators called Spear’s actions insensitive — both in response to the report and in response to his mishandlings.

“The initial communications with Ms. Jameson and her family by the Athletics Director did not show the sensitivity and compassion that a person who is trained in communicating with individuals who have suffered trauma and have fear of further interaction with the perpetrator would exhibit,” according to the report.

The report details the many ways the situation could have been improved. Had Spear known to report according to the policy changes, “Jameson would have more quickly received the proper support, appropriate communication, and referral to survivor resources,” Olsson and Bebee wrote.

In comparison, the report noted a serious change in culture surrounding UI’s football team. Head coach Paul Petrino, who inherited the program months after Jameson’s report, apologized in person to Jameson the following academic year, according to the report.

“We believe if Dr. Spear had made the same effort as his head football coach by apologizing in person and without trying to explain how the University failures caused him to respond inadequately, the University may not have to address these issues five years later,” Olsson and Bebee wrote.

Additionally, the report details Petrino’s efforts to help female athletes feel comfortable within the athletics department.

“Some of the female athletes reported the feeling that the football players protected them and made them feel safe, which was contrary to the perception of the football student-athletes recruited by the previous staff,” according to the report. “The football coach has taken a very strong stand with his team regarding any mistreatment of women.”

A fellow athlete at the time, Maggie Miller, who also accused Level of sexual misconduct, was not mentioned in the report.

No decision has been made regarding Spear’s employment at UI, according to a university press release. Spear now nears five months on paid administrative leave.

Brandon Hill can be reached at [email protected]