New information regarding the intricacies of the Family Educational Rights and Privacy Act has revealed that the University’s recent behavior in response to Brendan Gibbons’
expulsion is deeply suspicious. In the last two days, the University has neglected any opportunity to speak out and address the public criticisms directed toward it. Instead, administrators have invoked a number of furtive internal policies and vaguely interpreted laws to explain its silence.
At best, this case indicates an unbelievable lack of communication between University units. On Nov. 20, 2013, the University’s Office of Student Conflict Resolution signed a document stating that the Office of Institutional Equity determined there was a preponderance of evidence finding former Michigan kicker Brendan Gibbons responsible for an incident of alleged sexual assault in November of 2009. This meant that the University had already decided that Gibbons was — in the eyes of the school — responsible for a sexual misconduct that was deemed “so severe as to create a hostile, offensive or abusive environment,” which led to his eventual expulsion. Yet three days later, on Nov. 23, Gibbons was allowed to play in Michigan’s football game against Iowa. He kicked three extra points for the team.
Unless it is school procedure to allow a student-athlete in violation of the Student Sexual Misconduct Policy to participate in University-sanctioned athletic events, there was a complete and utter breakdown in communication. University officials — in OIE, OSCR, the Athletic Department or all three — knowingly allowed a perpetrator of sexual misconduct to represent the school in a football game that undoubtedly generated profit for the University. This is unacceptable on any level.
More specifically, Michigan coach Brady Hoke’s behavior has raised eyebrows in the public conversation. After OIE found Gibbons to be responsible for an act of sexual misconduct, OSCR sent a letter to Gibbons informing him of his permanent separation from the University. The letter was received and signed by Gibbons on Dec. 19. By signing the document, Gibbons waived his right to appeal the sanction. Athletic Department spokesman Dave Ablauf
confirmed that Gibbons had met with the department around that time, adding, “That could have been the time that Brendan Gibbons talked to coach Hoke.” It is possible that the Athletic Department met with Gibbons without Hoke, but it seems illogical for the head coach of the student involved to be uninformed of the situation. Four days later, on Dec. 23, Hoke announced that Gibbons would not play in the Buffalo Wild Wings Bowl due to a “family matter.” The University may have instructed Hoke to act the way he did in order to adhere to its ill-reasoned policy and weak interpretation of FERPA, but someone is still to blame for obfuscating the truth.
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