The No. 1 reason University of Colorado President Bruce Benson and CU regents decided on the disciplinary actions for the investigated parties in the handling of domestic violence allegations was intent, according to a Wilmer Hale report.
Despite head football coach Mike MacIntyre, Athletic Director Rick George and Chancellor Phil DiStefano’s failure to report and properly handle domestic abuse allegations against former football coach Joe Tumpkin, Benson and the regents “did not find that DiStefano, George or MacIntyre engaged in knowing or deliberate misconduct by not reporting the Complainant’s allegations to the OIEC (Office of Institutional Equity and Compliance) or law enforcement.”
Because of this and other reasoning, DiStefano was given a 10-day suspension while George and MacIntyre were ordered to donate $100,000 to organizations addressing domestic violence on Monday, among additional actions such as further Title IX training and a letter of reprimand from Benson.
However, a nearly 100-page outside investigation into the university’s handlings puts the CU employees’ intent into murkier waters.
The Cozen O’Connor report declines “to make an inference, positive or negative, as to the state of mind or intent of MacIntyre, George or DiStefano.”
It does, however, point out instances in which it would appear the high-ranking employees placed the university’s football program or their own reputations above the well-being of an allegedly abused woman.
In the final pages of the Cozen O’Connor report, attorneys note that George provided multiple, conflicting accounts about his awareness of a protective order filed by the accuser against Tumpkin. George admitted to knowing about “some kind of order,” adding that it was “possible, highly possible” that Tumpkin’s attorney mentioned the restraining order on Dec. 21, 2016 — a day after it was signed.
He later said he did not remember talking about a restraining order. This flip-flopping is important because the university initially and wrongfully pointed to the athletic department’s ignorance of a restraining order as reason why it allowed Tumpkin to make calls in the Dec. 29 Alamo Bowl game.
“Instead of taking proactive steps to seek additional information, however, the parties’ individual and collective actions harbored, siloed, and fragmented the known information,” Cozen O’Connor wrote.
The report acknowledged that the actions of the investigated CU employees contributed to a negative perception.
“MacIntyre’s blocking of the Complainant’s calls and George’s continued interactions with (Tumpkin’s defense attorney, Jon) Banashek also contributed to a perception that the University elevated protecting the football program over care for the Complainant or her welfare,” Cozen O’Connor wrote. “Other missteps contributed to the perception that the University was dismissive of the Complainant and her account.”
In that vein, the report goes on to list MacIntyre and George sharing the allegations with Tumpkin, which could have further endangered the accuser; MacIntyre consulting with legal counsel, who had previously been adverse to CU in other cases; and allowing Tumpkin to call plays at the Alamo Bowl game knowing he was accused of serious domestic violence allegations.
“In light of the severity and significance of the allegations, which involved potential felony-level criminal conduct, an alternative approach may have been to suspend Tumpkin pending the gathering of additional information, rather than defer action — and from an outward perspective — elevate Tumpkin’s stature and role at the bowl game,” Cozen O’Connor wrote.
Ken Salazar, the Democratic ex-senator and former interior secretary who was hired for legal counsel by CU, told the Daily Camera on Tuesday that while the accuser and the media may have reached a conclusion of intent, Cozen O’Connor did not. His law firm, the regents and Benson did, however.
“It’s our views as lawyers who worked on these matters for a long time that they did not act in bad faith,” Salazar said.
This conclusion was reached by sitting down with MacIntyre, DiStefano and George individually and reading all of the evidence, including the Cozen O’Connor report, he said.
In contrast to the accuser and her attorney, Peter Ginsberg, who told the Daily Camera that she was “betrayed and devastated” by the lenient disciplinary actions handed to the investigated parties, Salazar said the punishments were “severe.”
“The suspension of a chancellor is a very major initiative,” he said. “I don’t think there’s a chancellor in the United States that’s been suspended for any time with respect to these failure to report violations.”
Ginsberg was approving of the Cozen O’Connor report, which he described as fair and thorough.
Right before declining to infer intent, Cozen O’Connor concludes: “Rather than being able to demonstrate the University’s mission, values and commitment to individual welfare, campus safety, and effective implementation of Title IX and Clery, the University instead faced a public perception that University actors had intentionally elevated the success of the football program over concern for a victim of dating/domestic violence.”
Tumpkin’s ex-girlfriend told MacIntyre on Dec. 9 that Tumpkin had repeatedly and violently abused her for the last two years. At some point after this, MacIntyre informed George about the allegations. George then informed DiStefano.
The victim left a voicemail for MacIntyre on Dec. 15, saying she was taking the allegations to the police and filing for a restraining order.
MacIntyre still chose Tumpkin to call defensive plays in the Buffs’ appearance at the Alamo Bowl. CU claimed not to have heard about the restraining order until Jan. 6 when a Daily Camera reporter called with questions for the university.
Tumpkin was suspended Jan. 6 and asked to resign on Jan. 27. On Feb. 1, he was arrested and later charged with five felony counts of second-degree assault. He’s the subject of ongoing criminal prosecution in Broomfield.
DiStefano said he chose not to report the domestic abuse allegations because he didn’t believe he had to, based on university policy.
Elizabeth Hernandez: 303-473-1106, hernandeze@dailycamera.com
