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Fine Allegations

Fine allegations | Joint Working Group analyzed policies, provided template for changes at SU

Allegations of child molestation against former men’s associate basketball coach Bernie Fine rocked Syracuse University’s campus last November, prompting the Board of Trustees to take action.

First, the Board of Trustees partook in an independent investigation. Second, it took an in-depth look at all university policies.

The Joint Working Group, composed of seven members, soon emerged. The group was made of Board of Trustees members and university administrators. Trustee Howard Phanstiel was appointed as chairman of the group.

Other group members include: Susan Penny and James Arthur Monk Sr. of the Board of Trustees; Kal Alston, senior vice president for human capital development; Thomas Wolfe, senior vice president and dean of student affairs; Daryl Gross, director of athletics and Don Mitchell, faculty representative to the Board of Trustees.

“It was a cross section of the board to represent different experiences in dealing with athletic endeavors and in managing and monitoring of a very diverse group of people,” said Richard Thompson, chairman of the Board of Trustees.



For the next four to five months, the Joint Working Group analyzed all policies involving the university’s management of young people, sports programs, intern programs and summer camps reaching beyond the athletic department, Thompson said.

The Working Group has developed a framing statement of principles to be used as a guide for the development of new campus policies, Phanstiel said.

As chairman of the Joint Working Group, Phanstiel said his responsibilities include coordinating the group’s agenda, reporting progress periodically to the chairman of the board, the chancellor and the athletic director, and encouraging input from various members of the SU community.

“We were asked to look into these policies, identify gaps and find areas where we might want to recommend future changes,” said Kal Alston, a member of the group. “There are a lot of policies at the university. We didn’t feel like we could rewrite every policy.”

Improvements for the Future

The Joint Working Group has the specific intention of improving communication between the administration and university personnel.

Important information regarding former ball boy Bobby Davis’ claim against Fine was not reported to the proper people, specifically to Chancellor Nancy Cantor and the members of the Board of Trustees, according to the report to the board regarding the allegations made in 2005 by Davis against Fine.

Alston said she and members of the group looked at the different policies regarding communication and what matters should be reported to whom. Many internal policies covered these issues, but were not transparent to many people, she said.

“Part of our goal was to make those things very clear about who should be reporting and the chain of communication on these matters,” Alston said.

The group has also assembled a community of experts, including outside consultants, and has “eliminated some of the unnecessary layers of reporting and communicating associated with more linear processes,” Phanstiel explained.

The Title IX Omnibus Policy on Sexual Harassment, Abuse and Assault will replace the Sexual Harassment Prevention Policy –– the current policy in place for issues of this nature. The new policy will provide clear instructions on the chain of reporting both inside and outside the institution, she said.

The Joint Working Group is assessing various models for an “ombudsman function” that will be supported by a hotline.

Davis’ complaint was sent to the Office of Human Resources in 2005, but many employees in the department did not have experience dealing with child molestation allegations, according to the report.

Numerous departments, including human resources, will now receive training in the areas of both child molestation and sexual harassment and assault, Alston said. Training will begin in September for the Department of Public Safety, the Division of Student Affairs and human resources.

“For all of the people who may have to do investigations, or assist in investigations, we’re doing a large-scale training with a consultant who is very familiar with how criminal and civil matters should be handled,” said Kal Alston, a member of the group.

The Joint Working Group also aimed to change policies involving interactions between minors and adults in SU programs. Changes in procedure and protocol have already been applied to athletic and academic programs taking place this summer, Alston said.

For summer programs, the university provided additional training and discussion with those managing camps or individuals who may interact with children, Alston said. Parents and participants were provided with information of who to contact should any concerns arise.

“A lot of these things were implemented, but just weren’t visible and we didn’t talk about them centrally, so now we are talking about them,” Alston said. “I think so far we have had a very successful summer.”

The university’s recordkeeping system will also be changed, Alston said. A central repository with copies of records will be stored in the Office of Equal Opportunity, Inclusion and Resolution Services.

The chancellor is making an effort to fully integrate the SU athletic programs into the university, according to the report, with the supervision of the Board of Trustees.

Athletic Director Daryl Gross will continue to report directly to the chancellor, Thompson said. He also said the Board of Trustees will have regular meetings with Gross on the ongoing operations of the department.

“I know there will be queries going forward about any concerns or issues that need to be discussed,” Thompson said. “We have to be sensitive and aware of everybody’s conduct, and that will be a major ongoing engagement of the university and the Board of Trustees.”

Sue Edson, director of athletic communications, said on Gross’ behalf that because the Joint Working Group is a matter related to the entire university, all questions regarding the group should be directed to Alston.

Phanstiel added this summer the athletic department has been drafting revisions to its handbooks and policies with the help of consultants.

Policy changes involving the SU athletic department will specifically focus on the supervision of minors.

The Joint Working Group recommended changes that “would enhance the transparency for the participants in the activities,” Alston said. The university wants participants and parents to be aware of its intent for the programs, she said.

An age limit regarding the participation of minors at basketball games will also be imposed. Now, only children older than 11 are allowed to assist at home basketball games, Alston said.

Community groups and outside after-school groups that wish to observe team practices must seek permission with the university in advance and will sit in a specific section. An SU staff member will be responsible for the children entering and exiting the practices in an “appropriate way,” Alston said.

The Joint Working Group also emphasized the anti-hazing rules, as well as the staff code of conduct in terms of both general and NCAA conduct.

“These are all rules that had varying levels of being memorialized, now they’re formally memorialized for all of the staff and participants,” Alston said.

In terms of the unofficial “ball boy” position, Alston said there was talk of eliminating the position during the Joint Working Group’s first meeting. The group later decided, she said, to keep the position due to the goal of keeping the campus as open as possible.

“That’s one of the founding principles of Syracuse that we’re not behind a wall, we’re not in a fence,” Alston said. “We want participation in our programs. We wanted to mitigate some of the risks and really be conscious of the areas where we can change things to make ourselves and others less venerable.”

Thompson said he believed eliminating ball boys from home basketball games would have sent to wrong message.

“You can eliminate a lot of risks if you stop doing everything, but that’s not realistic,” he said.

Enforcing Policies and Training

The university plans to provide additional training on new and pre-existing policies, according to the report. The content of the new training sessions will cover “360 degrees” of what is expected by university employees, Thompson said.

“The whole training process will explain what the policies are and what people need to do when something inappropriate happens,” Thompson said. “That’s observe, analyze, communicate and report any problems. It’s a comprehensive package of information, not just a single element.”

The new training sessions, Alston said, will be the first time the university brings people from different departments together. She said she believes this will foster a community in which university employees can give advices to one another.

Cross-organizational cooperation and engagement from the different university departments will has been excellent so far, but needs to continue, Phanstiel said.

“I am looking forward to the next stages of the project where we will be reaching out to other campus stakeholders and constituencies, including students and faculty, to work with us on policies that are relevant to their areas,” Phanstiel explained.

For these new policies to be successful, the Joint Working Group will make periodic reviews, according to the report.

The Joint Working Group’s upcoming goal will be to assess the effectiveness of the policies there were put in place this summer, specifically for the youth programs.

“We want to know what worked and what didn’t work, since much of this is new territory for us,” Phanstiel said. “We have initiated some very preliminary review of policies involving staff conduct, and have yet to commence with issues regarding faculty conduct.”

He added that the group has a “ways to go” regarding the assessing the gaps in policy regarding child sexual abuse. The Joint Working Group will be meeting with consultants in the area of reporting, prosecution and counseling in this specific area.

“I don’t want to put a definitive timetable on the completion of our efforts other than to say that I would like to see things wrapped up by May of 2013,” Phanstiel said.

Alston said there are sanctions that will be enforced for those who do not follow the rules and violate the new university policies.

Said Alston: “Our main goal is create a culture of awareness and community building and encourage people to not violate these policies.”





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