Rutgers’ “Independent” Investigation

RutgersOne wonders how an “independent” investigation could support a finding that Rutgers bullying basketball coach Mike Rice should remain on the university payroll?

Rice was forced to resign recently after a videotape was leaked to the public and showed him verbally and physically  abusing players, while using homophobic slurs.

 In his letter of resignation letter to Rutger’s President Robert L. Barchi, Athletic Director Tim Pernetti writes:

 “As you know, my first instincts when I saw the videotape of Coach Rice’s behavior was to fire him immediately. However, Rutgers decided to follow a process involving university lawyers, human resources professionals and outside counsel. Following review of the independent investigative report, the consensus was that university policy would not justify dismissal.”

Corporate Counsel  reports that the outside counsel, Attorney John Lacey, an attorney with Connell Foley of Roseland, NJ,  issued a report in January stating that Rice could not be fired “for cause.” because there was no clear violation of his employment contract.

  Lacey found that Rice was extremely demanding of his assistant coaches and players but that his behavior did not constitute “a ‘hostile work environment’ as that term is understood under Rutgers’ anti-discrimination policies.”  Lacy said  the “intensity” of Rice’s misconduct may have breached provisions in his contract against embarrassing the school but, as Rutgers officials conveniently point out, did not recommend termination. 

The conclusion of the so-called independent investigation once again raises questions about these so-called  independent investigations.

 Increasingly,  employers hire  outside parties to “investigate” claims of workplace abuse.  There  often is  an unstated expectation that the result  of the investigation will affirm the employer’s goal of retaining the valued bully while insulating the employer from a potential lawsuit if the less valued target files a lawsuit. Too often the so-called independent investigators are attorneys who place themselves in the position of appearing to be for sale to the highest bidder.

 The videotape is so shocking that it defies reason that any “independent” investigator could reasonably  conclude that Rice’s behavior did not justify dismissal. In fact, some of the basketball  players could have filed criminal assault complaints against Rice for physically manhandling them. Instead of dismissing Rice, Rutgers fined him $50,000 and suspended him for three games in December.

 Just as in the Penn State scandal involving  pedophile football assistant coach Jerry Sandusky, Rutgers appears to have tolerated Rice’s bad behavior.

After the videotape was leaked, the dominos began to fall. Rice was fired.  Assistant Coach Jeremy Martelli, Rutger’s General Counsel John Wolf, and Pernetti resigned.  If I were Barchi, I wouldn’t make plans to redecorate the Presidential suite.  Barchi’s  claim that he never took the time to watch the videotape.until it was made public was met with obvious disdain at a press conference. Barchi blamed his bad decision on a “failure of process.”

Here is what needs to happen so that employers will take workplace bullying seriously – managers  need to be held accountable.  

These student athletes are essentially workers who are paid in the form of scholarship assistance by the university.  Like any other worker, they know that  a complaint can result in retaliation and their termination.  These players  relied upon their unofficial employer, Rutgers, to insure they were treated with dignity and respect and certainly not subjected to emotional and p physical abuse.

 Most of the players just put up with Rice’s abuse. However, according to news reports, at least three players transferred from the program as a result of Rice’s abuse.

           

           

When the Employer is the Bully

One of the most difficult workplace bullying scenarios occurs  when the employer is the bully.

Who do you complain to?

Three former employees of a Baltimore medical practice who were subjected to sexual harassment  by two of the company’s highest ranking officials complained to the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC announced Tuesday that a federal jury has awarded $350,000 in damages to the women.

The EEOC filed the lawsuit on behalf of the women against Endoscopic Microsurgery, alleging that Associate’s Chief Executive Officer, Dr. Mark D. Noar, M.D., and  its Chief Financial Officer Martin Virga subjected the women to frequent unwanted sexual comments, physically touching and grabbing a female worker’s rear end, kissing and blowing on female employees’ necks and other sexually egregious comments and touching.

According to the EEOC, after Linda Luz, a receptionist, rejected their advances, the medical practice began retaliating against her by issuing unwarranted discipline, rescinding approved leave, and eventually firing her.

Administrator Jacqueline Huskins also experienced unwanted sexual advances from Noar and Virga, as did nurse Kimberly Hutchinson from Noar.

The Baltimore jury of nine returned a unanimous verdict for the plaintiffs and awarded each woman punitive damages of $110,000. The jury also held the claimants were entitled to compensatory damages in amounts ranging from $4,000 to $10,000.

Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964.

It says something about this employer that it failed to negotiate a settlement in this case when it had the opportunity to do so. The EEOC filed suit after attempting unsuccessfully to reach a pre-litigation settlement through its conciliation process. Publicity from this fiasco is not likely to encourage new patients to flock to the clinic, nor is it likely to encourage confidence in these medical professionals from existing patients. Duh.

“This verdict is significant because it reminds high-level officials who function as the employer that their high level does not give them license to abuse women – they must treat employees as professionals,” said Debra Lawrence, regional attorney of the EEOC’s Philadelphia District Office.

 

I Will Ruin … Who?

NOTE:  State College of Florida President Lars Hafner subsequently  resigned on Oct. 30, 2012 with a $363,000 settlement agreement.  The board  voted 7-0 in January 2013 to hire a new president,   Dr. Carol Probstfeld,  formerly vice president for business and administrative services at the college.  Carlos Beruff, a realtor, remains on the board.  Sigh.

Go quietly or I will ruin you.
That alleged threat is at the heart of what promises to be a costly battle between two titans at State College of Florida (SCF) in Manatee-Sarasota.

The Bradenton Herald reports that the college’s board of trustees voted  5-2 this week to ask Florida’s Attorney General to investigate an allegation of forgery against SCF President Lars Hafner.

Hafner says the vote stems from a campaign of bullying by SCF board chairperson Carlos Beruff.  He recounted a private conversation with Beruff about nine months ago in which Beruff allegedly told Hafner, “If you don’t go quietly, I’m going to ruin you and ruin your reputation.”

Beruff has accused Hafner of forging former board president Steve Harner’s name on a 2010 state grant application for SCF’s Collegiate School charter school. Hafner contends he signed Harner’s to the document with Harner’s permission.

Hafner accused Beruff of risking the college’s reputation for the sake of what Hafner called Beruff’s personal and political agenda against him.

“This has been nine months of, basically, a witch hunt, and of you bullying me,” Hafner said to Beruff. “You’ve been doing it in private so other board members were not aware of what you’re saying or doing.”

At a special board meeting called by Beruff , Beruff presented an affidavit from attorney Greg Porges, whom Beruff had hired privately to research the forgery question, in which Porges said Harner did not authorize Hafner to sign the grant application in his stead.

Hafner presented an affidavit directly from former president Harner, in which Harner stated he believed that in up to four instances he had authorized Hafner to sign his name on Harner’s behalf and with Harner’s “direction and instruction.”

Meanwhile, board member Jennifer Saslaw, one of two board members to vote against taking the case to the attorney general, said Harner told her that Hafner’s signature on the application was made with Harner’s approval.

Joe Miller, the other board member to vote against involving the attorney general, questioned whether Beruff was attacking Hafner at the behest of Gov. Rick Scott, whose has proposed eliminating tenure for university employees and cutting the pay of university and college presidents.

Judge Ed Nicholas, a member of the SCF Foundation, accused the SCF board of “destroying the morale of this school” and driving away donors.  “Ever since you’ve been chairman, you’ve done nothing but attack this college or attack the staff,” Miller said. “I’m not sure who’s running things, the governor or this board.”

Hafner also said he was exploring whether Beruff violated state statutes by sharing information about Hafner’s evaluation.

One can’t help but wonder whether at any point the above officials considered other options to settle their difference? Say, mediation?  Counseling about the proper role of the administration versus the board? A duel?