CU makes $2.85M vow for change; Barnett responds
Decision to settle lawsuit greeted with relief by many
By Sara Burnett, Rocky Mountain News (Contact), Kevin Vaughan, Rocky Mountain News (Contact)
Published December 6, 2007 at 12:30 a.m.
Updated December 6, 2007 at 3:49 p.m.
Photo by David Zalubowski / Associated Press
Lisa Simpson greets University of Colorado President Hank Brown and CU-Boulder Chancellor G.P. "Bud" Peterson, left, after a news conference Wednesday at which university officials announced the school will pay Simpson and another woman a total of $2.85 million to settle a lawsuit in which the women claimed they were gang-raped at an off-campus party for football recruits.
An era of investigation and intense scrutiny of the University of Colorado - sparked by a booze- fueled night of illicit sex - officially ended Wednesday with a $2.85 million settlement of a long- running federal lawsuit.
The decision by CU President Hank Brown to settle, while costly in financial terms, should serve to help end a six-year public relations disaster for the school.
And it marks the last major hurdle in cleaning up the mess Brown inherited when he took the reins at the state's flagship university in 2005.
"We are a different institution today than we were three years ago or six years ago," Brown said.
Millions in legal services
CU will pay $2.5 million to Lisa Simpson and $350,000 to Anne Gilmore - money that will come from a university insurance policy- to end the lawsuit they filed under the federal gender-discrimination law known as Title IX. CU admitted no wrongdoing, and the agreement protects the university from future action by either woman.
Simpson's agreement also requires CU to appoint an independent Title IX adviser to consult with the Boulder campus chancellor for five years, and to add a part-time counselor to the Office of Victim's Assistance. That office was "of tremendous help" to Simpson, said her attorney, Baine Kerr.
In a statement, Simpson said she is pleased CU is taking steps to improve services for victims while providing Title IX oversight.
"I hope that these changes will help prevent other women from having the same experience that I did," Simpson said.
Former CU football coach Gary Barnett today released a statement on his Web site, garybarnettfoundation.org, calling the case "extremely unfortunate."
"It is hard to believe that we live in a society where allegations have enough clout to hold a wonderful and well respected university hostage," Barnett said. "The settlement of this case for money just means that the athletic department, the football program and to a larger extent the University of Colorado will never have their day in court. Only the premature 'court of public opinion' gets heard.
"We trust that people will see that allegations without proof and statements without substance have brought a media firestorm that carried on for seven years without charges being filed or any students having the opportunity to tell their story in court," he continued. "All we can do now is proceed forward with our lives knowing the truth and pray that no one else will have to endure such an unfair act of injustice."
Brown, who met with Simpson and her parents before the agreement was reached, said he hoped the settlement would bring an end to an issue that has hung over the university - and stolen headlines from CU's achievements - for years.
"It was, I think, very helpful for us to simply get on with our lives and to deal with the issue and get it behind us," Brown said.
The settlement came two months after the 10th Circuit Court of Appeals reversed a lower court's decision to throw out the lawsuit, and sent the case back for trial.
CU already has spent $3 million on outside legal services - $1 million from the university's coffers, the other $2 million covered by insurance.
Brown predicted that the university would have spent another $1.5 million to $3 million on legal fees alone had the case proceeded to trial.
"We faced, if we went on, we think years and years of litigation in the future," he said. "It wouldn't simply be a matter of waiting for a trial, (but also) the appeals that would come after it . . . and it would've been appeals regardless of which side prevailed."
CU paid price in PR
Wednesday's settlement ended a saga that spawned multiple investigations, led to the ouster of top university officials and gave CU a black eye on the national stage.
It all started at an off-campus party the night of Dec. 7, 2001 - a gathering that included football players and recruits and large quantities of drinking and sex. Three women later filed suit in federal court, alleging that they were sexually assaulted, either at or after that party. The women alleged that CU fostered an environment that led to the assaults.
One of those women later dropped her lawsuit. The suits involving the other two - Simpson and Gilmore - were eventually combined.
The fallout was wide-ranging.
One investigative panel - established by the university's regents - concluded that sex and booze were used as part of an effort to lure top football prospects to CU. A grand jury investigation raised numerous questions about how money was handled. And a task force eventually looked at nine alleged sexual assaults revolving around the program.
Sordid allegations swirled. A trainer alleged that she was sexually assaulted in a steam room by an assistant coach. A woman who said she was raped by a football player said coach Gary Barnett intimidated her into a decision not to file criminal charges. Another trainer asserted that she was forced to perform a sex act on a player in a rental car.
In the end, only one person was convicted of a crime - a low-level recruiting aide who admitted that he used a university phone to solicit a prostitute and call an adult chat line.
But the damage was done, and university President Betsy Hoffman, Boulder Campus Chancellor Richard Byyny, Athletic Director Dick Tharp and Barnett all resigned or were forced out.
And in addition to the legal fees, CU paid an even higher public-relations price.
Still, university officials thought they had prevailed on March 31, 2005, when U.S. District Judge Robert Blackburn threw out the lawsuit. And they were confident when they stepped before the 10th Circuit Court of Appeals last May 7 that they would dispose of the matter once and for all.
But that session did not go as CU administrators had hoped. The judges asked a number of pointed questions of a university attorney, and many observers in the courtroom that day thought the tone of the hearing was bad news for CU.
They were right. On Sept. 6 the court of appeals reversed Blackburn's order, reviving the lawsuit. And last month, when the court refused CU's request for a re-hearing, the handwriting was on the wall.
'A great relief'
Brown said he consulted the CU Board of Regents, with the exception of Cindy Carlisle, D-Boulder, who is married to Kerr, Simpson's attorney. Carlisle recused herself from the issue.
The final decision was Brown's alone, but the regents were supportive.
"As a professional litigator, I have a lot of clients who have to grit their teeth and settle, and I think the same was true here," said Regent Michael Carrigan, D-Denver, who is an attorney.
"To me it was important that the actual funds came from insurance," Carrigan said. "If we had to dip into public funds to pay the settlement, I would have opposed it."
RL Widmann, a CU professor who chairs the faculty council, said her colleagues were happy to hear an agreement had been reached.
"I think it's a great relief to all of us that this has come to a conclusion," she said.
Staff with the CU Foundation, the university's private fundraising arm, spent the day calling key donors and friends of the university, briefing them on Wednesday's announcement, said CEO and President Wayne Hutchens.
No one was "absolutely upset," and most seemed to agree it was the best route for CU.
"A lot of people would say, 'It's one more thing checked off from a past era,' " Hutchens said.
With reforms under way and new leaders at the helm, Hutchens believes renewed confidence in the university has helped fuel an increase this year in donations to the foundation. The total number of donors is up 20 percent this year over last year, and the number of alumni donors is up 30 percent.
"I think people are feeling good," he said.
Settlement details
$2.5 million is the total that CU will pay Lisa Simpson and her attorneys.
$350,000 is the figure for Anne Gilmore and her attorneys.
* The women will drop their federal lawsuit against CU filed under the gender-discrimination law known as Title IX.
* The women agreed that CU's decision to settle "does not constitute an admission of liability or guilt."
* Both the women and the university agreed "to refrain from any statements whatsoever that are disparaging of each other or the parties' legal counsel."
What's next
* Within 90 days, CU will appoint an independent adviser to monitor compliance with Title IX and other issues of sexual harassment, sexual assault and gender discrimination.
* The university will hire an additional half-time counselor in the Office of Victim's Assistance.
Post your comment
Registration is required. Click here to create your free user account, or login below.
Comments are the sole responsibility of the person posting them. You agree not to post comments that are off topic, defamatory, obscene, abusive, threatening or an invasion of privacy. Violators may be banned. Click here for our full user agreement.
Featured
-
Legislature Blog
Read live updates from the opening of the 2009 legislative session.
-
Rocky multimedia
The news comes alive in our videos and slide shows. Catch up on what's happening today.
-
Who's next?
Complete coverage of the Broncos' search for a new coach.
-
Rocky year in photos
View an audio slide show of staff selections from 2008.
-
Winter Escapes
Your insider’s guide to the copious joys of the coolest season.
-
Sam Adams' Open Mic
Open Mic: Two-man advantage with Avs
-
Shanahan's career
See photos from Mike Shanahan's career as Broncos coach.
-
12 days of Drew
Look back at the year that has been with Drew Litton.
-
A dream fulfilled
A Rocky Mountain News and MediaStorm production
December 6, 2007
6:33 a.m.
Suggest removal
sampson writes:
It's like winning the lottery!
December 6, 2007
6:56 a.m.
Suggest removal
jpbarone writes:
Lisa Simpson is a gold-digging false accuser. She should be in jail. When are large institutions in America going to stand up to
liars like Simpson who invoke a myth about a non-existent "climate of hostility to women" in order to extort money from public institutions. This is criminal and Hank Brown should be ashamed that he caved in to the pressure from such a pack of fraudulent swindlers as Simpson and her 'women's rights' attorneys.
December 6, 2007
7:05 a.m.
Suggest removal
analytixman writes:
I believe President Brown is a reasonable leader and has access to more facts than the public is being shared but this decision to settle on a thrown out lawsuit leaves me scratching my head. How can they all be smiling in the pictures when tax payer dollars are being used to line the pockets
I am still trying to make the connection on how CU has liability in a case where:
• It was an off campus party, not a CU event. No coaches or staff members were involved.
• None of the recruits ever signed with CU
• No one was ever charged or convicted of any crime.
• The case was thrown out already
• There was questionable behavior and excessive drinking on the part of the two women the tax payers are now shelling out.
• Mary Lacy Kane was driving the prosecution and coaching the two women – enough said, everyone knows her bias and horrible track record. How much money has she cost the tax payers?
• How does a drunken beer and sex party have anything to do with title IX?
This is a sad day because CU is now setting legal precedence for any other student that gets drunk beyond their ability to control their own actions, make judgments to remove themselves from the situation, to now sue the University. Had any formal charges been filed or anyone convicted, then those parties should be held accountable. CU and President Brown have now set themselves in the public as light as an organization that would fold up like a cheap lawn chair than fight a legal battle in the interest of PR. They claim the money is coming from an insurance policy like that is free money. We are all paying for this settlement through higher premiums. This is a bad decision to line the beer stained and condom filled pockets of Lisa Simpson and her attorneys.
December 6, 2007
8:02 a.m.
Suggest removal
smith writes:
I've never seen a "victim" of a "booze- fueled night of illicit sex" with such a large smile before.
Thanks for the tax hike, Lisa.
December 6, 2007
8:21 a.m.
Scott writes:
(This comment was removed by the site staff.)
December 6, 2007
8:32 a.m.
RainyDay writes:
(This comment was removed by the site staff.)
December 6, 2007
10:42 a.m.
Suggest removal
Mark Brown writes:
Hmmm. I wonder why Hank Brown is saying "We are a different institution today" than 3 or 6 years ago if there was nothing wrong and all these accusers were just "gold diggers."
December 6, 2007
10:56 a.m.
Suggest removal
RainyDay writes:
He's saying that because that's what his pr person said to say because it sounds nice and fuzzy to go with that ridiculous picture. It's really a meaningless statement when you think about it.
December 6, 2007
11:56 a.m.
Suggest removal
DaBuffsFan36 writes:
This decision by CU makes me sick. The lawsuit was without merit and Lisa Simpson is a horrendous human being. God bless Gary Barnett for standing up for the truth. What a travesty to pay her for her lies
December 6, 2007
12:35 p.m.
Suggest removal
olsonmt writes:
Scott, I'm sorry you were always picked last during PE.
December 6, 2007
12:37 p.m.
Suggest removal
26west writes:
The Regents should not have given implicit approval to the President for this settlement. The Regents are elected officials and repercussions to them for their actions or rather, lack of action, in this case should come at the ballot box. Lisa Simpson's actions are those of a Stupid Young Female and actions of others at this party are those of Stupid Young Males (to use a term coined by Mike Rosen). Lisa Simpson and the others involved are responsible for their own actions not the University of Colorado. The only sensible analyses of President Brown's actions have come from bloggers and former Coach Barnett.
west26
December 6, 2007
12:45 p.m.
Suggest removal
olsonmt writes:
Saying the entire football team is a "sexual assualt squad" is a sad, prejudicial, and possibly racist comment. To assume all athletes are dumb predators is ignorant. The black men accused in this case were vindicated by a grand jury, despite Mary Lacy's best and misguided efforts. They never received an apology. They sure as hell didn't get $2.5 million dollars.
December 6, 2007
1:51 p.m.
Suggest removal
Scott writes:
RACE CARD ALERT ... RACE CARD ALERT
"... possibly racist comment". It seems that if olsonmt can't come up with any other objection to a comment it will pull the "race card". NEWS FLASH, there are also whiteboys on the sexual assault squad.
"To assume all athletes are dumb predators ...." So tell me olsonmt, how many graduates from CU's NFL minor league team went on to become engineers, physicians or research scientists?
The Grand Jury did not "vindicate" the accused perps. It did not find enough evidence to issues charges. There may have been some evidence, but not enough to issue charges. Keep in mind that when people are forced to serve on a Grand Jury they are also forced to give up their right to free speech. We will never know how much evidence was presented or what the member of the Grand Jury discussed/felt.
Scott
December 6, 2007
2:23 p.m.
Suggest removal
geodata writes:
Gary Barnett was the biggest scumbag in the history of Colorado. Okay, 2nd biggest--his mentor Promise Keeper Bill was worse.
December 6, 2007
2:53 p.m.
Suggest removal
olsonmt writes:
How about a fomer Supreme Court justice? He was a fairly successful guy. Are you saying those three are the only valuable professions in society? Regardless, I expect with a little research we could find former players who exceled in each of your chosen professions, as well as, a variety of others. The football team on balance is a group of fine young men - always were. You're just a simpleton who brushes everyone with a very dim, broad stroke. You hate jocks. We get it.
December 6, 2007
3:07 p.m.
Suggest removal
olsonmt writes:
If honoring your wife, taking care of your family, giving many underpriviledged kids a chance at a college education, and trying to be a mentor to all young men makes Promise Keeper Bill a scumbag, then I wish we had more scumbags. For the progessive (see flaming liberal) crowd in Boulder, those principles are difficult to comprehend.
December 6, 2007
8:27 p.m.
Suggest removal
samsmargolis writes:
When can we expect the RMN to file a FOIA request to get the ENTIRE investigation released for the good of the entire community? Hmmm...Mark? Why indeed.
December 6, 2007
11:26 p.m.
Suggest removal
wmccart708 writes:
The evidence was stacked against them. Title IX holds an institution liable if 1) they have notice of harassment occurring at their institution and 2) they remain deliberately indifferent to that harassment. The fact is that this was not the first sexual assault resulting from recruits, alcohol, and sex involving CU, and two district attorneys explicitly warned the university about its policy after the previous assault occurred. However, athletic officials either ignored or resisted changes to the recruiting program regarding these incidents. They previusly had a policy of showing recruits "a good time" with no further guidance on what was acceptable behavior. More or less, they fed fire to an already volatile environment that they were aware of. Therefore, under a legal standard CU had no chance. Although the settlement was unfortunate, they were facing a losing battle.
There is plenty that can be said about the threshold of liability that Supreme Court jurisprudence (and the circuit court's interpretation of it) has locked itself into, but as the law stands, CU was going to lose one way or another.
December 7, 2007
12:36 a.m.
Suggest removal
analytixman writes:
Calling all attorneys! CU is willing to pay instead of fighting. Get in line for a free payday!
No charges were ever filed and no one was ever convicted of a crime with these loose women who failed to ever take an ounce of responsibility for their own actions. They hired a shifty, crook, er, I mean lawyer, in Blain Kerr who spun this into a title IX suit and now we get to pay.
CU folded like a cheap lawn chair just to make her go away. Easy money Lisa Simpson and Blain Kerr just took out of our pockets and stuffed into her beer soaked and condom filled pockets.
Calling all attorneys, free money from CU!