导出博客文章KNOXVILLE, Tenn. -- Tennessee is paying $2.48 million to settle a lawsuit filed
by eight unidentified women who said the school had violated Title IX
regulations and created a hostile sexual environment through a policy of
indifference toward assaults by athletes.Lawyers for the school and the
plaintiffs issued a joint press release Tuesday announcing the settlement.We are
satisfied that, while universities everywhere struggle with these issues, the
University of Tennessee has made significant progress in the way they educate
and respond to sexual assault cases, said David Randolph Smith, the lawyer
representing the plaintiffs. My clients and I are also convinced that the
Universitys leadership is truly committed to continue its exemplary efforts to
create a model as it relates to sexual misconduct.Tennessees athletic department
and the schools central administration will split the cost of the settlement.
According to the release announcing the settlement, no taxpayer dollars, student
fees or donor funds would be used to fund the settlement, and the funding
instead will come from other income-generating activities within the
university.Tennessee chancellor Jimmy Cheek said he will soon announce a new
series of initiatives on campus to improve its Title IX efforts, including
additional support and budgeting specifically in areas related to sexual
assault, student conduct, education programming and student well-being. UT
president Joe DiPietro said he would appoint an independent commission to review
existing programs make recommendations addressing the issues of sexual assault
and misconduct.No university will be able to prevent every incident of students,
faculty or staff making bad judgments, Cheek said in a statement. Like many
institutions we are not perfect, but our goal is to continue to be the best we
can be at creating awareness, educating, and preventing discrimination and abuse
in any form, and to continue to be equally prepared when it does happen and to
deal with it promptly, sensitively, fairly and effectively.Weve come a long way
in recent years, and we are working every day to be even better. Our first
priority is the safety and well-being of every member of our University
community.The announcement of the settlement comes two weeks after Cheek
announced he would step down as chancellor to return to teaching. Cheeks move
wont become effective until a successor is appointed. When he announced the move
last month, Cheek said it was a personal decision unrelated to the Title IX
suit.According to the release, negotiations toward a settlement began in earnest
in April. The case wasnt scheduled to go to trial until 2018, and the release
noted that the cost to litigate the case all the way to trial could have cost as
much as $5.5 million. As of June 8, the state had paid over $220,000 in legal
fees associated with the lawsuit.The release also noted that the school is not
admitting guilt, negligence or unlawful acts as part of the settlement.Six women
filed the suit in federal court in Nashville on Feb. 9. Two more plaintiffs
added their names to an amended complaint two weeks later. The original
complaint referenced incidents dating back to 1995 to show how the school has
historically handled reports of player misconduct, and one paragraph mentioned a
sexual harassment complaint made by a Tennessee trainer in 1996 that included an
incident involving recently retired quarterback Peyton Manning, who was playing
for Tennessee at the time.The amended complaint included a statement from former
Tennessee football player Drae Bowles in which he said he assisted a woman who
said she had been raped by two other players and that he later was attacked by
teammates and told by football coach Butch Jones that he had betrayed the team.
When the document was filed, Jones responded by saying the assertion that I ever
attempted to belittle or demean a young man for taking action to help another
person is absolutely false.Tennessee reacted to the lawsuit by bringing all its
head coaches together for a February press conference in which they defended the
culture of the athletic department. Athletic director Dave Hart made similar
remarks at a separate press conference two days later.No athletic officials
commented Tuesday night, but the release announcing the settlement included
statements from Cheek, DiPietro and Tennessee Board of Trustees vice chair Raja
Jubran.Settling this case was the right thing to do from a compassionate
perspective for the young women involved and from a reputation perspective for
the institution, regardless of the merits of the case, Jubran said. One side
ultimately would have won in court several years from now, and we felt confident
about our legal position, but I truly believe that both sides would have
lost.The intangible costs of emotional stress to those involved and the
distraction to all of our positive progress at UT, over and above actual legal
costs, would have been exorbitant.Title IX is a federal statute that bans
discrimination at schools that receive federal funding. The U.S. Department of
Education in 2011 warned schools of their legal responsibilities to immediately
investigate allegations of sexual assault, even if the criminal investigation
has not concluded.
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