November 21, 2008, 4:00 p.m.; November 22, 2008, 6:00 a.m. (addition of "The Answer to Global Economic Collapse")
Odds, Ends and Updates from FromDC2Iowa.blogspot.com
"Live From Prairie Lights" Cancellation.
Program supporters use United Nations' "shock and awe" in war on Iowa Public Radio executives. See, Nicholas Johnson, "Public Radio's Self-Inflicted Wounds," November 11, 12, 18, 20, 21, 2008.
The High Price of Peremptory Firing: Jones sues for $2.25 million
Phillip Jones, 68, was dismissed as vice president for student services Sept. 23 by UI president Sally Mason. In his [$2.25 million wrongful termination] claim to the Iowa Board of Appeals, Jones claims the firing was inappropriate and that it caused emotional distress and damaged his personal and professional integrity. . . .
"The wrongful termination of Dr. Phillip E. Jones has caused him irreparable harm," his claim states. "He was placed in a false light in the professional community by the allegations adopted from the Stolar report and redistributed by the (Iowa state) Board of Regents and (UI) President (Sally) Mason." . . .
The claim . . . identifies more than $680,000 in professional losses. It states that from Sept. 24 to June 30, 2009, Jones would lose more than $180,000 in earnings, UI contributions, health insurance, flexible spending account, accumulation of vacation payout and other incidentals.
The claim also identifies $500,000 in potential earnings losses, saying Jones planned to retire from UI and work as a higher education consultant.
Brian Morelli, "Jones files $2.25 million wrongful termination claim with state," Iowa City Press-Citizen, November 21, 2008, p. A1. See generally, Nicholas Johnson, "University of Iowa Sexual Assault Controversy -- 2007-08."
The Answer to Global Economic Collapse
Looking for the answer to the global economic depression toward which we seem to be headed with ever-greater acceleration?
"Look North, young man, look north."
["'Go west, young man' [was] a favorite saying of the nineteenth-century journalist Horace Greeley, referring to opportunities on the frontier. Another writer, John Soule, apparently originated it." The New Dictionary of Cultural Literacy, 3rd ed., 2002.]
It turns out that delivery of basic health care to an entire nation's population at reasonable cost is not the only thing Canada has to teach us.
Let's hope our new Secretary of the Treasury designate,Timothy F. Geithner, currently president of the Federal Reserve Bank of New York [Jackie Calmes, "For Treasury, Geithner Said to Be Choice," New York Times, November 21, 2008] -- the mere rumor and announcement of whom boosted stock market measures by 5 to 6 percent -- who has plenty of credentials of his own, is willing to listen to one of the youngest financial regulators of the G-7 and G-20, Mark Carney, Governor of the Bank of Canada.
If he wants to literally listen, I'd recommend Carney's participation in the BBC's current "The Interview" program -- being Internet-broadcast as I write this (I listened to it being broadcast live earlier), but soon to be available for streaming or download. If Geithner wants to read what he's written, I'd recommend Carney's recent talk in London to the Canada-United Kingdom Chamber of Commerce, Mark Carney, "Building Continuous Markets," November 19, 2008.
Carney avoids sounding either critical of his peers, or unduly self-promotional. But facts are facts, and he doesn't hide them. Here is an excerpted paragraph describing Canada's current position:
Canada's experience is instructive. While Canada's financial system has been affected by the crisis in global financial markets, the impact has been significantly less than in many other major economies, not least because Canada is further along than others in implementing the G-7 Action Plan. Canada starts with financial institutions that are healthier than their international peers. Not merely have losses on structured products of Canadian banks been modest, but more importantly, their absolute leverage is markedly lower. As a simple illustration, major Canadian banks have an average asset-to-capital multiple of 18 on a consolidated basis, which is slightly below the regulatory maximum of 20. The comparable figure for U.S. investment banks is over 25. For . . . some major global banks, it is over 40. While foreign banks are in the process of moving towards Canadian levels, our banks obviously face no such pressures. In addition, the quality of Tier 1 capital of Canadian banks is among the strongest in the world.
There is no "executive summary" or "take-away" from his remarks that encapsulates all of his observations and suggestions. You need to read it all. But as we all spiral down during the next two to five years I suspect he will continue to be someone whose words are very much worth your time.
Auto Bailout: "Show Me the . . . Plan"
On November 19 I offered an "open letter" to my Senators and Congressional representative. I identified five categories of questions for which I requested their response. Not incidentally, that blog entry has now been sent to the three of them (as recommended by a reader who included that suggestion in a comment); if and when I get responses I'll include them in that blog entry.
The last of the questions was: "Where on the Internet can I find the business plan that you are presumably relying upon that documents, precisely, how this $25 billion is to be used, and how, why and when it will solve these three companies' problems, revive the industry, and why it will eliminate any need for them to regularly return to you for more taxpayer money?" Nicholas Johnson, "Auto Bailout: An Open Letter to Congress," November 19, 2008.
Two days later the New York Times reports that apparently the same question has now occurred to Congress -- days after they signed on the line their support for the $25 billion bailout, plan or no plan. Speaker Nancy Pelosi is now quoted as saying, "Until we can see a plan where the auto industry is held accountable and a plan for viability on how they go into the future — until we see the plan, until they show us the plan, we cannot show them the money.” Majority Leader Harry Reid adds, "The executives of the auto companies have not been able to convince Congress or the American people that this government bailout will be its last.” David M. Herszenhorn, "Detroit’s Bid for Aid Fails — For Now," New York Times, November 21, 2008.
Conflicts Over Conflict of Interest
As of this afternoon (November 21) it is looking increasingly likely that Senator Hillary Clinton will be President Obama's Secretary of State. Peter Baker, "Clinton Decides to Accept Post at State Dept., Confidants Say" New York Times, November 21, 2008.
That being the case, there are serious potential conflict of interest issues surrounding her husband's activities.
The Obama transition team is focused on the wide array of Mr. Clinton’s postpresidential activities, some details of which have not been made public. This list includes the identity of most of the donors to his foundation, the source of some of his speaking fees — he has earned as much as $425,000 for a one-hour speech — and his work for the billionaire investor Ronald W. Burkle.
The vetting of Mr. Clinton’s myriad philanthropic and business dealings is “complicated, and it may be the complications that are causing hesitation on both sides,” said Abner J. Mikva, one of Mr. Obama’s closest supporters and a White House counsel during the Clinton administration. “There would have to be full disclosure as to who all were contributors to his library and foundation. I think they’d have to be made public.” . . .
“It’s not just what he does or says — it’s the fact that the foundation is involved with foreign countries, some of which might well be in conflict with U.S. policy,” Mr. Mikva said. “It’s more than a legal problem — there are ethical problems and appearance problems.”
Don Van Natta Jr. and Jo Becker, "Many Dealings of Bill Clinton Are Under Review," New York Times, November 17, 2008.
Nor is that the only potential cabinet appointment raising such issues.
President-elect Barack Obama’s selection of former Senator Tom Daschle for secretary of health and human services posed new questions on Wednesday about how broadly the new administration would apply Mr. Obama’s campaign promises to limit potential conflicts of interest among his appointees. . . .
Former Senator and Majority Leader Tom Daschle's "firm represents dozens of [health care] concerns including pharmaceutical companies, health care providers, and trade groups for nurses and nursing homes" and notes that it "has the significant advantage of including two former U.S. Senate majority leaders — Senators Bob Dole and Tom Daschle." Daschle also serves on the board of the Mayo Clinic, which "is itself a major health care provider, research institution, and recipient of grants from the National Institutes of Health." Moreover, Daschle's "wife, Linda Daschle, is a prominent lobbyist for aerospace and military concerns."
David D. Kirkpatrick, "Obama's Pick of Daschle May Test Conflict-of-Interest," New York Times, November 19, 2008.
Et tu, NPR? Gardiner Harris, "Radio Host Has Drug Company Ties," New York Times, November 21, 2008: "An influential psychiatrist [Dr. Frederick K. Goodwin, a former director of the National Institute of Mental Health] who served as the host of public radio’s popular 'The Infinite Mind' program earned at least $1.3 million between 2000 and 2007 giving marketing lectures for drug makers, income not mentioned on the program. . . . In October, [Senator] Grassley revealed that Dr. Charles B. Nemeroff of Emory University, one of the nation’s most influential psychiatric researchers, earned more than $2.8 million in consulting arrangements with drug makers from 2000 to 2007, failed to report at least $1.2 million of that income to his university and violated federal research rules.
How to Manipulate Media
And while we're on the subject of the media, for a very inside and insightful explanation of how celebrities control what we think of them, and how and why the media goes along, take a look at Brooks Barnes, "Angelina Jolie's Carefully Orchestrated Image," <i>New York Times, November 20, 2008.
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September 25, 2008, 6:40 a.m., 9:50 a.m. (Regents' videotaped session), 11:25 a.m. (Athletic Department's lying basketball ads), 11:45 a.m (Mason's pay raise)
Related:
"Scapegoat Bites Back," September 24, 2008
"Got Questions?" September 23, 2008
"Rational Responses to Stolar and Global Finance" (includes "The Case for Mills and Jones"), September 20, 2008
"Extra: Stolar Report," September 18, 19, 2008
And, of course, the monster collection of material in Nicholas Johnson, "University of Iowa Sexual Assault Controversy -- 2007-08," July 19-present
Which Would be Worse?
[9:50 a.m.. Brief, early report on Regents' meeting consideration of Stolar Report, just concluded (as the Board went into closed session, as predicted, for the final session evaluating the performance of President Sally Mason with regard to those events): As predicted, Mason began with an apology, following which no criticism was leveled at Mason. The Board approved a resolution essentially adopting the proposals of the Stolar firm. Discussion of whether the crime of rape should always be reported to the police by UI officials (as distinguished from the alleged victim being required to press charges) was postponed. The athletic department was proclaimed to be exemplary. The Gazette's running blog/textual notes of meeting are posted. Here's the Register's early report of the session: Lee Rood, "U of I president to regents: We'll do better," Des Moines Register, September 25, 2008; and "Mason Apologizes to Alleged Victim, Family," Iowa City Press-Citizen, September 25, 2008.
11:45 a.m. Mason's Pay Raise: The Regents, as predicted, held UI President Mason's base pay steady, while giving her more money, thereby assuring headlines like the Press-Citizen's: "Mason Gets No Raise in Base Pay," Iowa City Press-Citizen, September 25, 2008. How does that work? Well, the base pay is a mere $450,000 a year. Given the high cost of living in Iowa City, where a football coach needs at least $2-4 million a year to survive, the University president requires both an additional "deferred compensation" package of $60,000 a year (more that a good many university employees get for their "entire compensation" package), plus an "incentive package." Although an incentive to what has never been defined by the Board, she was awarded the $50,000 for the first year automatically -- so we have to presume the way she handled the sexual assault was a part of what the Regents were trying to provide an incentive for her to do. Moreover, although the Board has still left undefined what it will be paid for, the incentive has nonetheless been increased from $50,000 to $80,000 a year -- on top of the $60,000, on top of the $450,000. Never mentioned, as is the usual practice with public disclosure of the pay packages of CEOs in the top 1% of the nation's wage earners, are such things as the value of the free housing in one of Iowa City's grandest homes, car and other travel allowances, additional expense accounts, retirement, health and other benefit packages, and so forth.]
So, what happened yesterday? Oh, not much, just . . .
o UI Vice President Phil Jones -- a 40-year employee who was planning on retiring next spring anyway, and was peremptorily fired Tuesday -- is appealing that decision to the Board of Regents as "wrongful termination," and released through his lawyers a statement of the reasons why, e.g., "It is indeed ironic that Phillip E. Jones is being terminated and criticized for failing to act when the university's athletic department was doing everything in its power to keep this matter 'informal' and prevent the dean from acting on a formal complaint based on an EOD investigation."
o The letters from President Mason to Jones, his lawyers' letter to the Board of Regents, along with a number of attachments, are now available online.
o "Sheldon Steinbach, a Washington, D.C., lawyer and former general counsel for the American Council on Education, said he had read the Stolar report and believes Jones and Mills were scapegoats, fired to protect Mason's job and to move on from the controversial story. . . . Steinbach said he believes the university has exposed itself to wrongful-termination lawsuits."
o UI General Counsel Marc Mills -- a 20-year employee who was also fired Tuesday, and who sent a 10-page letter of protest to the UI president and Regents -- has now hired his own lawyer.
o James Bryant, the Stolar lead investigator, has been thrown into defensive mode as he endeavors to respond to Marc Mills' criticisms of the firm's Stolar Report.
o The University, and the Board of Regents, are both refusing to release a copy of the Mills' letter to the media notwithstanding the media lawyers' assertion it is a "public record" under Iowa law that cannot legally be withheld and that "Mills said Wednesday that when he sent the memo he gave permission for it to be made public."
o Mark Schantz, a former UI General Counsel (1992-2005), says Mills was "thrown under the bus."
Schantz said he is upset about how Mills was treated and called the Stolar report "quite wrong" in some places and that some omissions with regards to Mills testimony were made consciously. Schantz particularly had issue with the rapid terminations. . . .
"This is not the way the university usually proceeds. I haven't heard of anyone being summarily dismissed short of a felony without at least telling their side of the story."
o Former law school dean Bill Hines is quoted as saying that for President Mason to peremptorily fire two long-term employees three business days after the Stolar Report appeared, for "an episode that began last year . . . seems like an almost indecent speed to find someone to blame things on."
o Meanwhile, before resolving any of the above, the Regents are going ahead with their special meeting today to review the University's response to the Stolar Report, and to conclude this portion of their review of President Sally Mason's first year on the job. (It should be available in streaming video from the Des Moines Register and The Gazette sites -- unless, of course, the Regents insist on closing the meeting to the media and taxpayers, as is a possibility.)
o A blockbuster buried in Brian Morelli's story is "I believe the decision was made by the regents, at least in the case of some, before they even saw the report," he [Mark Schantz] said." Of course, I cannot know (a) if Schantz said that (he's certainly never said it in my presence), or (b) if his assertion is true. How could I know? But neither do I have any reason for believing that it's not true. And it is confirmed in some ways by former UI interim President Gary Fethke, who supports President Mason's firing of Jones and Mills:
"I don't know there was any other alternative at this point," Fethke said. "I think she made the choice she had to make at this point. . . .
I think she had to go to the meeting with something, a credible and forceful response," he said. "Either she makes the decisions or they will be made by someone else."
"I believe the decision was made by the regents." "Either she makes the decisions or they will be made by someone else."
Source for quotes: Brian Morelli, "Jones appeals to Board of Regents; Says AD officials tried to keep assault allegations informal," Iowa City Press-Citizen, September 25, 2008, p. A1.
And see, Editorial, "More Questions to Answer, More Policies to Fix," Iowa City Press-Citizen, September 25, 2008, p. A9 ("Suddenly, rather that having faith in the Stolar report's conclusions, we're experiencing a new round of he said/she said.");
Lee Rood and Erin Jordan, "New lawsuit, firings face Mason amid work review," Des Moines Register, September 25, 2008 ("Sheldon Steinbach, a Washington, D.C., lawyer and former general counsel for the American Council on Education, said he had read the Stolar report and believes Jones and Mills were scapegoats, fired to protect Mason's job and to move on from the controversial story. 'In the heat of passion, with the spotlights of the media and public on you, the easiest thing to do is fire somebody,' Steinbach said. 'It's a desire to smooth the water and get off the front page of the newspaper. That's all fine except for the people summarily executed.' Steinbach said he believes the university has exposed itself to wrongful-termination lawsuits.").
Commentary: Which Would be Worse?
Why do I say those quotes from Schantz and Fethke constitute a blockbuster?
One of the biggest, and so far largely unaddressed, issues in all of this is yet another "which would be worse?" dilemma.
Earlier, in Nicholas Johson, "Rational Responses to Stolar and Global Finance," September 20, 2008, I wrote "Would it be worse that neither the University president, nor anyone else in administrative positions, has thought to review its organizational structure and procedures for handling football players' sexual assaults over the past six years? Or would it be worse that a review was conducted during President Mason's first year in office but no one thought of any of the obvious remedies proposed by Stolar?"
Now we have another.
Was President Sally Mason, in effect, ordered by one or more members of the Board of Regents to fire Marc Mills and Phil Jones? If so, that would of course raise all kinds of governance questions about the propriety of the Board intervening in that way, questions I've written about so often and at such length that I'm not even going to provide the links to those discussions once again. [Credit: Bob Patton, "Regents Adjust UI Half-Staff Policy" (with "Administration Credibility" flag at half-staff), posted September 26, 2008, and Iowa City Press Citizen.]
But put those serious concerns aside for a moment and focus on President Mason.
Let me preface this discussion by noting that my former beloved University of Texas Law School Dean, Page Keeton, made quite a reputation for himself standing up to a very tough Board of Regents, threatening to resign over matters of principle when he thought they'd stepped over the line. He never had to resign.
Now let us consider which would be worse: (1) That President Mason, after one year on the job, personally and unilaterally chose to peremptorily fire two University vice presidents with more than 60 years service to the university between them -- over a matter that has far more to do with the University's organizational structure and procedures (and football culture) than the behavior of any given individual (as even the Stolar Report concedes) -- or that, (2) being inappropriately told to do so by the Regents, she simply "followed orders" and took actions she knew to be wrong and did not personally support, rather than standing up to the Regents and threatening to resign if they persisted?
As Senator Joe Biden said in Iowa City during the primary season, "There are some things worth losing elections over." Well, there are some things worth losing one's job over. This may very well be one.
Permit me to note that I have not joined the chorus of those suggesting that firings are the answer to this -- firing some regents, the UI president, the football coach. I haven't suggested anyone be fired.
But I would note that a common response of those who defend the firing of Mills and Jones in the face of the assertions of others that this is not the way we handle such things (e.g., Mark Schantz, above: "I haven't heard of anyone being summarily dismissed short of a felony") is to cite cases of firings at other universities.
For example, The Gazette concludes its story this morning,
The Chronicle of Higher Education has reported in recent years on such situations at other universities. The University of Colorado at Boulder eventually lost its athletics director, football coach and President Elizabeth Hoffman — now the provost at Iowa State University — after two women claimed they were gang raped by football players and recruits at a 2001 party.
And Eastern Michigan University lost three leaders, including the president, over the handling of a rape and murder of a student in 2006.
Diane Heldt and Erika Binegar, "Former Dean Says He Was Wrongfully Fired," The Gazette, September 25, 2008, p. A1, available as earlier online version, "UI Official Says He Was Wrongfully Fired," September 24, 2008, updated 11:46 p.m.
I would simply note that at least in each of these two cited cases the university president was also fired. (And see the comments of Sheldon Steinbach quoted in the Register's story by Rood and Jordan, above.)
Iowa Athletic Department's Lying Basketball Ads
. . . And there's more to this blog entry, because the Athletic Department has been ruled out of bounds once again in a major way with regard to a series of decisions totally unrelated to this mess. Having been found by Stolar and the Regents to have behaved in an exemplary fashion when handling football players charged with sexual assault, it's now time to move on to the next allegation.
The UI Athletic Department, has long since decided to give the NCAA a poke in the eye with a sharp stick and continue the football program's ties to organized gambling by advertising to students and fans a local gambling casino on its enormous scoreboard at the Kinnick football stadium. Meanwhile the casino's customers are offered a shuttle service to and from the stadium from the casino, and its high rollers' package deal also includes game seats in a luxury Kinnick skybox where alcohol is served in an otherwise-dry stadium. (The Athletic Department's see-through justification for the ad promoting gambling is that because they do not use the word "casino" the ad isn't really promoting gambling -- as if any Iowan seeing that ad would fail to recognize that it was an ad for the well-known Riverside gambling casino. The actual corporate name, and Web site, is the "Riverside Casino & Golf Resort." )
Now this academic department that represents it's engaged in "character building" has decided that, as an alternative to actually winning basketball games, an easier alternative is simply to lie in its advertising in order to sell tickets.
Iowa's first full-page ad showed Hawkeye forward Jarryd Cole dunking the ball, claiming Cole's dunk brought the Ohio State Buckeyes to their knees and brought a sellout crowd to its feet. The problem is that Cole did not play against OSU last year.
Iowa's second full-page ad featured a picture of Hawkeye guard Jeff Peterson, claiming his steal against Illinois sparked a 14-0 run. There's a problem with that one, too. Peterson played against Illinois but was not credited with a steal, and Iowa never had a 14-0 run.
Rick Klatt, the director of Iowa's marketing department and an associate athletic director, told The Gazette that neither ad was a mistake. He said the ads are fictional examples of how "slam dunk" and "steal" can be used in a sentence. . . .
Steven Helle, a journalism professor at Illinois and an Iowa grad himself, sent an e-mail to Iowa President Sally Mason to complain about the ads. . . .
"To defend a slam-dunk that never happened not only as not a mistake but merely as 'an example of how the word 'slam-dunk' could be used in a sentence' turned my stomach. He added disingenuousness to prevarication." . . .
Bourne Morris, a journalism professor at Nevada, had similar thoughts. He teaches advertising and media ethics and spent 25 years in advertising in New York and Los Angeles.
"Writing a false story in an ad injures the credibility of the Iowa sports program and may make folks wonder what other bits of 'information' they made up, or might make up, just to sell tickets," he wrote in his e-mail to The Gazette. . . .
Sam Becker . . . served as chairman of the department of communications studies, wrote six textbooks and is the Samuel L. Becker whose name appears on the Communications Studies Building at Iowa. "I think it's a mistake to mislead people," he told The Gazette, referring specifically to the ads. He does not agree with Klatt's explanation. "I think he's wrong. I think especially at a university they should be truthful," Becker said.
Jim Ecker, "College professors slam Iowa's basketball ad," Gazette Online, September 24, 2008, 9:53 p.m.; hardcopy version as "College Professors Slam Iowa's Basketball Ad," The Gazette, September 25, 2008, p. C3.
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September 24, 2008, 9:00 a.m.
The Lawyer Did It
The first recorded use of a "scapegoat" of which I am aware was 4500 years ago. Whatever the actual facts may be, clearly it is an ancient and -- in modern times -- sometimes dishonorable ritual. [Picture credit: William Holman Hunt, 1854; Wikipedia.]
Is it being played out once again right here in River City?
UI President Sally Mason has responded to the Stolar Report of the University's mishandling of an alleged sexual assault last October 14 ("a perfect storm," the firm's lead investigator put it) by firing the UI's General Counsel Mark Mills (and also UI Vice President Phil Jones). She first checked with the Regents, who indicated they supported her action. The matter is to be reviewed by Regents tomorrow when she will presumably apologize, and they will, presumably, tell her to "go forth and sin no more" -- while at least maintaining (if not increasing) her $500,000-plus salary and benefits.
Before any of this happened I wrote "The Case for Mills and Jones" in Nicholas Johnson, "Rational Responses to Stolar and Global Finance," September 20, 2008. (The largest collection of documents, news coverage, commentary and links regarding all this remains the Web site, Nicholas Johnson, "University of Iowa Sexual Assault Controversy -- 2007-08," July 19-present. Sometime later today, hopefully, all of the enormous additional material available this morning will be commented upon, and linked to, from that Web site.)
In "The Case for Mills and Jones" I didn't attempt to defend everything the Stolar Report said they did (and didn't) do. But I noted five categories of reasons why their peremptory dismissals would not be appropriate -- never realizing last Saturday when I wrote it that they would be gone by yesterday (Tuesday). I mentioned, among other things, that because so many people were involved that it would be unfair to single them out; that if they were to be fired their overall performance needed to be evaluated in a routine and calm way (as the Regents are doing with President Mason); that "the buck stops," normally, at the CEO/presidential level, not the vice-presidential level; and that focusing on them, making it look like the problem was simply the consequence of the behavior of two individuals, diverts attention from the football culture of the campus and the need for organizational restructuring (as recommended by Stolar).
Finally, I noted that we had not yet really heard in full from Mills and Jones. We didn't know what the "back story" might prove to be.
We still don't know.
But we sure know a lot more than we knew yesterday afternoon.
I'll reproduce excerpts from Brian Morelli's story, below, and then provide some commentary of my own.
University of Iowa President Sally Mason was aware of how an alleged sexual assault investigation was being handled, a former UI executive said.
Marcus Mills said, "Yes, absolutely," when asked Tuesday if Mason knew what was happening in the investigation. . . .
Mills said he and Mason initially discussed student privacy concerns regarding the letters, but ultimately that did not preclude them releasing the letters to the regents.
The letters were not turned over because the regents didn't ask for documents during its investigation and because "we had the perception that whoever sent the letter, the family, did not want it to go to the regents and did not want it to be made public," Mills said.
Mills said he and Mason received a letter from UI public safety director Chuck Green, which Mills said he took to indicate Mason was aware of the family's concern about the letters becoming public. Mills declined to comment further on this.
Mills rejected his portrayal in the report as having the lead role in UI's investigation of an alleged sexual assault that involved two former UI football players Oct. 14, 2007, in Hillcrest Residence Hall.
"I didn't feel that I was overseeing the investigation. There wasn't an investigation in that sense. Different departments were heading up different aspects of the investigation," Mills said.
Mills also said Stolar failed to ask for his version of certain events and omitted parts of his testimony from their report, such as his side of conversations with the alleged victim's father. Mills also said UI's actions were affected by county attorney subpoenas, the criminal case against the former UI football players and a lawsuit filed by the Iowa City Press-Citizen.
"I think I handled this to the best of my ability with integrity under the circumstances," Mills said.
Brian Morelli, "Mills says Mason knew what was happening," Iowa City Press-Citizen, September 24, 2008, p. A1.
Among the documents I make available in full text from Nicholas Johnson, "University of Iowa Sexual Assault Controversy -- 2007-08," July 19-present is Thomas Evans, "REPORT ON THE UNIVERSITY OF IOWA’S COMPLIANCE WITH POLICY AND PROCEDURES WHILE INVESTIGATING A SEXUAL ASSAULT COMPLAINT," Iowa Board of Regents, Agenda Item 17, June 11-12, 2008 (a pdf file).
This is the report of the Regents' first investigation.
Why is that relevant?
Because it provides the foundation for judging the credibility of Marc Mills' assertions.
Consider the Board of Regents' characterization of their charge to Tom Evans regarding their own first investigation. As its "Executive Summary" puts it:
"On November 16, 2007, the Board of Regents requested the Board Office to review the University of Iowa’s compliance with University and Board policies and procedures and applicable statutes while investigating an alleged sexual assault that occurred on campus on October 14, 2007. The Board further requested the Board Office to examine whether current policies and procedures are adequate." (emphasis supplied)
And what was Evans' conclusion? "After a comprehensive review of the facts of the alleged incident and each of the applicable University policies, it is clear that University officials fully complied with internal procedural requirements."
Given this mission, and conclusion -- consistent with President Mason's assurances at the time that all procedures had been followed -- it becomes relevant to ask: Were any documents necessary to Evans' investigation? Were any documents asked for? If not -- especially if there was reason to believe that the alleged victim's family definitely did not want the letter/s made public at that time -- does the University President's, and General Counsel's, and others', failure to gratuitously offer up hundreds and hundreds of documents -- including those the family wanted to be kept confidential -- warrant the firing of the General Counsel?
I may have missed something (literally; I may have) but I can't recall off the top of my head anything in the Stolar Report of events -- of which the lead investigator said "everything that could have gone wrong did" -- that any one of those things "that could have gone wrong" included a failure to comply with internal procedures.
If President Mason thought there were none, and Evans found none, and Stolar mentioned none (after examining all those documents the University did not gratuitously offer up to Evans), and if Stolar found there was no effort at a "cover-up," it seems a little disingenuous to unceremoniously fire Marc Mills on the grounds, in part, that he failed to offer up the mothers' letter/s.
Moreover, if Mills' account is correct (and of course I'm not saying it is; how could I know?), it sounds like President Mason was more intimately involved in the decision not to turn over documents (including the letter/s) than she has yet let on. She earlier referred to a rationale that the material was covered by a federal law protecting student privacy. Mills is now saying they discussed, but rejected, that interpretation, and decided (jointly?) not to turn over the letter/s and other documents for other reasons. As Morelli reports, "The letters were not turned over because the regents didn't ask for documents during its investigation and because 'we had the perception that whoever sent the letter, the family, did not want it to go to the regents and did not want it to be made public,' Mills said."
Whatever President Mason has done with regard to Mills dismissal, and whatever the Regents may do about it tomorrow, I do think it is a little premature for any fair, impartial and judicious member of the public to be volunteering time and talent building the gallows for Marc Mills.
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