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Faculty report critical of Iowa, Alford

Posted: Wednesday April 09, 2003 11:08 PM
Updated: Wednesday April 09, 2003 11:08 PM

IOWA CITY, Iowa (AP) -- The University of Iowa responded slowly and, at times, poorly to a female student who was assaulted last fall by basketball player Pierre Pierce, according to a faculty report issued Wednesday.

"The needs of victims who come forward under such circumstances must be attended to better than they were here," according to the report drafted by two law professors, a math professor and an assistant dean at the College of Medicine.

"Some took what might be described as a 'legalistic' rather than victim-sensitive approach to the victim in this case."

The report is the second faculty-led look into the way university administrators responded to the allegations and their role in the resolution of Pierce's criminal case.

Pierce, 19, of Westmont, Ill., was charged with third-degree sexual abuse following a party at his Iowa City apartment in September. The sophomore guard later pleaded guilty to a lesser charge, assault causing injury, after attorneys from both sides brought in a mediator to resolve the case.

After the university came under criticism for its role in the case, interim president Willard "Sandy" Boyd appointed two committees in December to review it and make recommendations.

The report released Wednesday also found that the university was only peripherally involved in the settlement of the case. But it said such a "passive" approach gave the impression that concerns by attorneys for Pierce and the victim outweighed those of the university.

The report said no university officials attended the mediation session in Des Moines. Nor were officials aware of mediation plans or consulted about using them as a means for settling the case, the report said.

However, the report said attorneys talked with Schantz during negotiations, and several times after the meeting attorneys for both parties spoke with university lawyer Mark Schantz, Athletic Director Bob Bowlsby and head coach Steve Alford.

Much of the report focuses on events leading up to the settlement and how university officials responded to the victim and her allegations.

It said the victim spoke with university employees who "were not as well informed as might have been desirable" about options for pursuing a misconduct claim against a fellow student.

It also said the student experienced delays in getting advice and consultation. The report cited one example in which she had to wait several days to meet with Philip Jones, vice president of student affairs, to discuss the incident.

At no time was the victim told that the Office of Affirmative Action could be a helpful resource or investigate the allegations, the report said.

Moreover, the report said some or all of the officials who met with the victim qualified as mandatory reporters required by university policy to report the allegations to the Office of Affirmative Action.

The first report on the Pierce case was prepared by The Board in Control of Athletics and released in late January. Although it lacked the factual detail contained in the second report, it concluded that athletic officials made inappropriate remarks after Pierce was initially charged in Johnson County District Court.

The board's report singled out comments made by Alford, who told reporters "I believe he's innocent. I believed it from Day one and I still believe it."

The second report also found those remarks troubling.

It said that before Alford spoke with reporters he was advised by Bowlsby to show support for Pierce but to also mention he was waiting for a legal resolution.

"While coach Alford believed he was acting as he had been directed in making the statements he made to the media, one set of those statements -- confirming his certainty in Pierce's innocence -- implied that he disbelieved and discredited the claims of the student victim," the report said. "His words were perceived as reflecting insensitivity to issues of sexual assault and sexual violence."

In the future, the report suggested designating one person to speak with the media.

The report also highlighted contacts the victim had with people with informal ties to the university, head coach Alford and the basketball team.

One such contact, by a member of the religious organization Athletes in Action, suggested the victim and Pierce settle the matter together through prayer.

That suggestion gave the victim the wrong idea about the university's intentions and acted as the catalyst for pursuing criminal charges, the report said.

"The female student's reaction to this contact was concern that the university was improperly involving itself in trying to resolve the matter," the report said. "For her, this confirmed her fears that the university would act to protect its athlete and would not effectively pursue her interests in a disciplinary matter."

As part of his plea agreement, Pierce agreed to sit out last season, apologize to the victim, undergo counseling and perform community service. He was allowed to practice with the team and has said he intends to play for the Hawkeyes next fall.

The committee consisted of law professors John Allen and Margaret Raymond, math professor John Kutzko and Madgetta Dungy, assistant dean of the college of medicine.

They met for more than 35 hours, reviewed documents and conducted interviews.

Their recommendations include:

  • More training be provided to ensure staff is able to guide such victims to appropriate services.

  • Using the Office of Affirmative Action to coordinate the investigation of complaints of sexual assault or violence.

  • The university should not help resolve criminal matters and should wait until such cases are settled in court before deciding what consequences for the student.

  • Students should face the same possibility of uniformly considered and imposed university discipline when convicted of wrongdoing.

  • The athletic department should take steps to limit the role of outside advisers, religious or otherwise, in university matters.

    University President David Skorton praised the committee's work and said he will announce in coming weeks a series of actions in response to the suggestions contained in both reports.

    Copyright 2003 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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