Layers of Muck and Mire
Before examining the travesties of injustice steeped in Baylor Nation, other universities, and all organized programs whether athletics or not, I first and foremost want to express my heartache for the victims of sexual assault in Waco and across the country. My hope is after reading my opinion all men and women will realize that not only do Americans have a constitution and Bill of Rights, but also laws that protect every individual from the ravages of personal violation, sexual harassment and gender bias.
Salacious headlines, media carnage and judgmental individuals sell newspapers, increase television ratings and promote controversy. I waited to write this piece because I was too angry to be objective, but now I am ready.
Several newspapers produced a “timeline of the Baylor scandal”. Many began with Art Briles being hired in November 2007, others jumped right in to Tevin Elliott coming to Baylor to play football in 2009. But folks, somehow, inexplicably 35 years, yes 35 years were ignored.
Title XI of the Education Amendments of June 1972 became LAW. The comprehensive federal law prohibited discrimination on basis of sex in any federally funded education or activity. The broad based purpose was gender equity. On August 30, 2000 the law was expanded. Any education program providers or recipients that are funded by other federal agencies other than the Department of Justice fell under the umbrella of Title XI. What does this have to do with the Baylor situation? Please, take the time to follow the trail.
On September 13, 1994, President Bill Clinton signed into law the Violence Against Women Act. This law took huge strides in protecting women. The law was funded with 1.6 Billion Dollars for investigation and prosecution of violent crimes against women, imposed automatic/mandatory restitution for those convicted and allowed civil redress. The act also established the Office on Violence Against Women within the Department of Justice. What was Art Briles doing in 1994? His Yellow Jackets won the Texas 4A state championship. Coach Art Briles, who had taken what was considered a dead end job in Stephenville, had 2 state championships in 6 years.
The Violence Against Women Act was reauthorized in 2000, 2005, and 2013. The heart of the bill expanded it from domestic violence and sexual assault to dating violence and stalking. Funds were appropriated to protect adult and teen victims, support training to ensure consistent responses across the country. Amazingly, 18 grant programs were funded by Congress, and the reauthorized VAWA was backed by the American Civil Liberties Union. President Obama signed the reauthorization of VAWA on March 7, 2013. For women the reauthorization was a triumph as the President also created the White House Task Force to Protect Students from Sexual Assault. He signed the order January 22, 2014. An action plan was constructed. This is the meat of the reauthorization as it pertains to Baylor. The action plan provides for instructions, policies, protocols for institutions including rape and sexual assault policies. It created Prevention Programs and Crisis Intervention and Advocacy Services. Complaints and Grievance Procedures were delineated. Investigation Protocols were in place. Adjudicatory Procedures and Discipline Sanctions established. Here’s the real rabbit hole Baylor administrators tumbled down: Training modules for students, staff, and faculty were not universally provided. There were even tools to measure success of prevention and response at institutions, access campus climate, attitudes toward safety and provide the public with information. The goal by the federal government was transparency and accessibility to students nationwide. It did not happen at Baylor University.
Here was the crux of the matter not followed that left the young women at Baylor University adrift. The President of the United States Action Plan called for greater coordination and consistency among agencies and offices that enforce Federal laws addressing campus rape and sexual assault and support campus response to sexual violence. The abused women at Baylor had no knowledge, no training, and no clear reporting hierarchy to address. The women who did report sexual abuse, were rebuffed by “Senior Administration.”
What did Baylor have? Nothing, again I repeat nothing, as addressed in the Pepper Hamilton Report, no protocols, no systems, and no compliance.
Keep following the trail with me…..Slip back to 1990. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act was passed. A federal statute. It requires all colleges and universities that participate in financial aid programs to keep and disclose information on crime on and near campus. Compliance is monitored by the United States Department of Education. This act requires that by October 1st of each year institutions must publish and distribute annual Campus Security Reports to current and prospective students and employees. It requires the report provides crime statistics for the prior 3 years. Public logs must be kept by police/security for 60 days for the public. If the public wants further information they are entitled to the previous 7 years. Where was Art Briles in the knowledge of all these laws and statutes, protocols and procedures, hierarchy of reporting systems? Where is the documentation of his Title XI, VAWA and Clery Act training and education? He was not senior administration. Art Briles was the head football coach capturing the dream of Baylor students who wanted a successful football program.
I have a simple question. How many layers of pure muck did the Board of Regents have to wade through before tagging Art Briles as the culprit for an alleged culture of indifference and negligence? Come with me …..the trail is cataclysmic. The layer and layer of hierarchy before Art Briles makes him a non-entity in the picture. It will shake you.
According to Baylor Policy, if a crime or suspected crime has been committed, the student should report it to the Baylor Police and that can be done in anonymity.
The next levels are shocking, especially since the ONLY person fired was Art Briles.
After the Baylor Police, this is the Baylor “Senior Leadership” to contact.
1. Associate Dean for Student Conduct Administration
2. Director of Health Services
3. Associate Vice President for Student Life
4. Director Campus Living and Learning
5. Assistant Vice President for Human Resources
6. Director of Student Activities
7. Director of Athletics Department (note 7 layers before Athletics)
8. Associate of Greek Life
9. Director of Campus Recreation
10. Assistant Director of Study Abroad
11. Assistant Dean of Social Work
12. Dean for Louise Herring School of nursing
13. Associate Dean for Academic Affairs
14. Associate Director Austin EMBA Program
15. Director Dallas Executive MBA Program
16. Director Baylor in New York Program
The depth of the corruption of the system that failed these innocent victims gets worse and worse, yet these people have kept their jobs…….unbelievable.
On January 15, 2007 BU-PP028 stated the persons responsible for coordination of policy issues and compliance of the Civil Rights Policy are: Associate Vice President for Budgets and Human Resources, Associate Dean for Judicial Affairs and Vice President for Student Life. They ALL failed these young ladies who reported criminal activity. Not only those individuals, but get ready….. There is a Civil Rights Issues Resolution Committee: 11 Faculty Members, 4 Staff, 2 Students and the PRESIDENT of the University appoints the members.
As the Pepper Hamilton report stated: “There were institutional failures at every level of Baylor Administration which directly impacted response to individual cases and the Baylor Community as a whole.” The Hamilton report further delineates:
No infrastructure
No Coordination
No Policy
Prior to 2014 the Title XI Coordinator designation was assigned to senior administrators. No training, no frame of reference, no experience, no resources. NOTHING…….Whoa…….how did implementation vanish since 1972, 2000, 2005, 2013???
My first substantive question is: With layers and layers and layers of senior administrators named as people to report to if a crime had occurred or the committee of faculty, staff and students in place to contact……WHY is Art Briles the ONLY person to be disgraced by Baylor when myriads of administrators let these innocent women down.
The Pepper Hamilton Report first says, “Administrators took insufficient steps to address concerns within the football program.” It was their duty so why are these individuals still collecting paychecks from Baylor?
Secondly, the report claims, “In certain instances, including reports of a sexual assault by multiple football players, athletes, and football personnel affirmatively chose not to report sexual violence and dating violence to appropriate administration outside of athletics.”
So why……come on down this winding trail…..why or who would Art Briles make a report to for action? No systems were in place, no protocols, no vehicle for help so Art Briles, I am guessing, chose to handle accusations internally and since there were no criminal charges, no law enforcement involved, he was forced to say he suspended or disciplined players because of “violations”. Granted a nebulous label, but what choice did he have? This is pure speculation on my part as I do not have the Pepper Hamilton Report.
The Pepper Hamilton Report referenced transfers from other colleges or universities and Art Briles did not do criminal history checks, due diligence as far as disciplinary actions in previous schools. I spoke to Baylor Admissions personally and was guaranteed that the only way a potential student was granted a transfer was through the Admissions Office. I asked, what if I have a star athlete? Her unequivocal response was it has to go through Admissions. Therefore, I do not know why Art Briles is condemned for transfers. I know he is a kind person and does believe in giving people second chances, but I can say without reservation, he would NEVER allow a sexual predator to transfer to Baylor to win football games.
I could revamp every case that allegedly occurred during Coach Briles tenure at Baylor, but it’s pointless. I have a timeline, and I have a gnat in my ear hearing him say, “We can’t tolerate this behavior but where do we go? Who will help us? I will be proactive and say ‘suspended’, released for ‘team violation’. What else can I do? Legally our hands are tied.”
Baylor Nation is well funded and the Title XI Coordinator was hired with only 2 employees and literally no funding in 2014 when the hammer was about to fall from the “Feds”.
My trail took you down in depth through historical paths, but someone had to be reasonable and factual. Has Art Briles made mistakes? He says he has, but are they egregious enough to single him out as the ONLY person fired? We both have daughters and I can say he would NEVER jeopardize his girls or any ones. Thank you for reviewing my opinion.
The Open Records Act allows a governing body to review personnel matters in Executive or Closed Session. The Pepper Hamilton Report was reviewed for over 30 hours, I have read, in Closed Session; therefore, unless the Board decides otherwise, they do not have to release the entire “report.”
Victoria Kennedy
Retired Assistant Superintendent, Aransas County ISD, Rockport, TX
Before examining the travesties of injustice steeped in Baylor Nation, other universities, and all organized programs whether athletics or not, I first and foremost want to express my heartache for the victims of sexual assault in Waco and across the country. My hope is after reading my opinion all men and women will realize that not only do Americans have a constitution and Bill of Rights, but also laws that protect every individual from the ravages of personal violation, sexual harassment and gender bias.
Salacious headlines, media carnage and judgmental individuals sell newspapers, increase television ratings and promote controversy. I waited to write this piece because I was too angry to be objective, but now I am ready.
Several newspapers produced a “timeline of the Baylor scandal”. Many began with Art Briles being hired in November 2007, others jumped right in to Tevin Elliott coming to Baylor to play football in 2009. But folks, somehow, inexplicably 35 years, yes 35 years were ignored.
Title XI of the Education Amendments of June 1972 became LAW. The comprehensive federal law prohibited discrimination on basis of sex in any federally funded education or activity. The broad based purpose was gender equity. On August 30, 2000 the law was expanded. Any education program providers or recipients that are funded by other federal agencies other than the Department of Justice fell under the umbrella of Title XI. What does this have to do with the Baylor situation? Please, take the time to follow the trail.
On September 13, 1994, President Bill Clinton signed into law the Violence Against Women Act. This law took huge strides in protecting women. The law was funded with 1.6 Billion Dollars for investigation and prosecution of violent crimes against women, imposed automatic/mandatory restitution for those convicted and allowed civil redress. The act also established the Office on Violence Against Women within the Department of Justice. What was Art Briles doing in 1994? His Yellow Jackets won the Texas 4A state championship. Coach Art Briles, who had taken what was considered a dead end job in Stephenville, had 2 state championships in 6 years.
The Violence Against Women Act was reauthorized in 2000, 2005, and 2013. The heart of the bill expanded it from domestic violence and sexual assault to dating violence and stalking. Funds were appropriated to protect adult and teen victims, support training to ensure consistent responses across the country. Amazingly, 18 grant programs were funded by Congress, and the reauthorized VAWA was backed by the American Civil Liberties Union. President Obama signed the reauthorization of VAWA on March 7, 2013. For women the reauthorization was a triumph as the President also created the White House Task Force to Protect Students from Sexual Assault. He signed the order January 22, 2014. An action plan was constructed. This is the meat of the reauthorization as it pertains to Baylor. The action plan provides for instructions, policies, protocols for institutions including rape and sexual assault policies. It created Prevention Programs and Crisis Intervention and Advocacy Services. Complaints and Grievance Procedures were delineated. Investigation Protocols were in place. Adjudicatory Procedures and Discipline Sanctions established. Here’s the real rabbit hole Baylor administrators tumbled down: Training modules for students, staff, and faculty were not universally provided. There were even tools to measure success of prevention and response at institutions, access campus climate, attitudes toward safety and provide the public with information. The goal by the federal government was transparency and accessibility to students nationwide. It did not happen at Baylor University.
Here was the crux of the matter not followed that left the young women at Baylor University adrift. The President of the United States Action Plan called for greater coordination and consistency among agencies and offices that enforce Federal laws addressing campus rape and sexual assault and support campus response to sexual violence. The abused women at Baylor had no knowledge, no training, and no clear reporting hierarchy to address. The women who did report sexual abuse, were rebuffed by “Senior Administration.”
What did Baylor have? Nothing, again I repeat nothing, as addressed in the Pepper Hamilton Report, no protocols, no systems, and no compliance.
Keep following the trail with me…..Slip back to 1990. The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act was passed. A federal statute. It requires all colleges and universities that participate in financial aid programs to keep and disclose information on crime on and near campus. Compliance is monitored by the United States Department of Education. This act requires that by October 1st of each year institutions must publish and distribute annual Campus Security Reports to current and prospective students and employees. It requires the report provides crime statistics for the prior 3 years. Public logs must be kept by police/security for 60 days for the public. If the public wants further information they are entitled to the previous 7 years. Where was Art Briles in the knowledge of all these laws and statutes, protocols and procedures, hierarchy of reporting systems? Where is the documentation of his Title XI, VAWA and Clery Act training and education? He was not senior administration. Art Briles was the head football coach capturing the dream of Baylor students who wanted a successful football program.
I have a simple question. How many layers of pure muck did the Board of Regents have to wade through before tagging Art Briles as the culprit for an alleged culture of indifference and negligence? Come with me …..the trail is cataclysmic. The layer and layer of hierarchy before Art Briles makes him a non-entity in the picture. It will shake you.
According to Baylor Policy, if a crime or suspected crime has been committed, the student should report it to the Baylor Police and that can be done in anonymity.
The next levels are shocking, especially since the ONLY person fired was Art Briles.
After the Baylor Police, this is the Baylor “Senior Leadership” to contact.
1. Associate Dean for Student Conduct Administration
2. Director of Health Services
3. Associate Vice President for Student Life
4. Director Campus Living and Learning
5. Assistant Vice President for Human Resources
6. Director of Student Activities
7. Director of Athletics Department (note 7 layers before Athletics)
8. Associate of Greek Life
9. Director of Campus Recreation
10. Assistant Director of Study Abroad
11. Assistant Dean of Social Work
12. Dean for Louise Herring School of nursing
13. Associate Dean for Academic Affairs
14. Associate Director Austin EMBA Program
15. Director Dallas Executive MBA Program
16. Director Baylor in New York Program
The depth of the corruption of the system that failed these innocent victims gets worse and worse, yet these people have kept their jobs…….unbelievable.
On January 15, 2007 BU-PP028 stated the persons responsible for coordination of policy issues and compliance of the Civil Rights Policy are: Associate Vice President for Budgets and Human Resources, Associate Dean for Judicial Affairs and Vice President for Student Life. They ALL failed these young ladies who reported criminal activity. Not only those individuals, but get ready….. There is a Civil Rights Issues Resolution Committee: 11 Faculty Members, 4 Staff, 2 Students and the PRESIDENT of the University appoints the members.
As the Pepper Hamilton report stated: “There were institutional failures at every level of Baylor Administration which directly impacted response to individual cases and the Baylor Community as a whole.” The Hamilton report further delineates:
No infrastructure
No Coordination
No Policy
Prior to 2014 the Title XI Coordinator designation was assigned to senior administrators. No training, no frame of reference, no experience, no resources. NOTHING…….Whoa…….how did implementation vanish since 1972, 2000, 2005, 2013???
My first substantive question is: With layers and layers and layers of senior administrators named as people to report to if a crime had occurred or the committee of faculty, staff and students in place to contact……WHY is Art Briles the ONLY person to be disgraced by Baylor when myriads of administrators let these innocent women down.
The Pepper Hamilton Report first says, “Administrators took insufficient steps to address concerns within the football program.” It was their duty so why are these individuals still collecting paychecks from Baylor?
Secondly, the report claims, “In certain instances, including reports of a sexual assault by multiple football players, athletes, and football personnel affirmatively chose not to report sexual violence and dating violence to appropriate administration outside of athletics.”
So why……come on down this winding trail…..why or who would Art Briles make a report to for action? No systems were in place, no protocols, no vehicle for help so Art Briles, I am guessing, chose to handle accusations internally and since there were no criminal charges, no law enforcement involved, he was forced to say he suspended or disciplined players because of “violations”. Granted a nebulous label, but what choice did he have? This is pure speculation on my part as I do not have the Pepper Hamilton Report.
The Pepper Hamilton Report referenced transfers from other colleges or universities and Art Briles did not do criminal history checks, due diligence as far as disciplinary actions in previous schools. I spoke to Baylor Admissions personally and was guaranteed that the only way a potential student was granted a transfer was through the Admissions Office. I asked, what if I have a star athlete? Her unequivocal response was it has to go through Admissions. Therefore, I do not know why Art Briles is condemned for transfers. I know he is a kind person and does believe in giving people second chances, but I can say without reservation, he would NEVER allow a sexual predator to transfer to Baylor to win football games.
I could revamp every case that allegedly occurred during Coach Briles tenure at Baylor, but it’s pointless. I have a timeline, and I have a gnat in my ear hearing him say, “We can’t tolerate this behavior but where do we go? Who will help us? I will be proactive and say ‘suspended’, released for ‘team violation’. What else can I do? Legally our hands are tied.”
Baylor Nation is well funded and the Title XI Coordinator was hired with only 2 employees and literally no funding in 2014 when the hammer was about to fall from the “Feds”.
My trail took you down in depth through historical paths, but someone had to be reasonable and factual. Has Art Briles made mistakes? He says he has, but are they egregious enough to single him out as the ONLY person fired? We both have daughters and I can say he would NEVER jeopardize his girls or any ones. Thank you for reviewing my opinion.
The Open Records Act allows a governing body to review personnel matters in Executive or Closed Session. The Pepper Hamilton Report was reviewed for over 30 hours, I have read, in Closed Session; therefore, unless the Board decides otherwise, they do not have to release the entire “report.”
Victoria Kennedy
Retired Assistant Superintendent, Aransas County ISD, Rockport, TX
