UW-Whitewater’s current Athletic Director, Amy Edmonds, is reportedly out as head of UW-Whitewater’s athletic programs. The report notes that she’s being demoted to associate athletic director (at a significant cut in salary). There’s no certainty that she would, in fact, remain in a subordinate role following the apppointment of an interim director, let alone a…
Law
City, Elections, Law
Absentee Voting in the Whitewater Area
by JOHN ADAMS • • Comments
One often hears that a given election is important, and that each person’s vote matters. That’s been true so many times in our history, and it seems particularly so this year. Absentee voting – by mail or in person – is a part of our law, and the window for in-person voting will open soon. Immediately below readers…
Assault Awareness & Prevention, Law, University
Coach Fader Appears on ESPN’s Outside the Lines
by JOHN ADAMS • • Comments
On Friday, former UW-Whitewater Coach Timothy Fader appeared on ESPN’s nationally-broadcast Outside the Lines, to describe the treatment that led him to file a federal lawsuit against former Chancellor Telfer and current Athletic Director Amy Edmonds. See, Coach fired for reporting sexual assault. UW-Whitewater officials declined to appear on the program, but issued a…
Assault Awareness & Prevention, Law, Misconduct, University, UW System
Long Miles Ahead
by JOHN ADAMS • • 6 Comments
I posted yesterday on the federal lawsuit filed against former Chancellor Richard Telfer and current Athletic Director Amy Edmonds. See, Former Coach Fader Files Federal Lawsuit Against UW-Whitewater Officials. One should not expect a quick resolution to the many issues the lawsuit raises, of mistreatment of honest employees & disregard for assault survivors. On the contrary,…
Assault Awareness & Prevention, Law, Misconduct, University, UW System
Former Coach Fader Files Federal Lawsuit Against UW-Whitewater Officials
by JOHN ADAMS • • 3 Comments
At Channel 3000, investigative reporter Adam Schrager reports on a federal lawsuit that former Coach Timothy Fader has filed against UW-Whitewater officials, in their individual capacities. (I had promised readers that I would continue to follow this story, and will continue to do so as the case unfolds.) Both current Athletic Director Amy Edmonds and…
Education, Law, School District
The Masking Effect of Act 10
by JOHN ADAMS • • Comments
Assault Awareness & Prevention, Crime, Law, University
Attorney General Schimel’s Support for Senate Bill 656
by JOHN ADAMS • • 3 Comments
Late last month, Wisconsin Attorney General Brad Schimel joined law enforcement officials at a press conference to announce his support for a bill that would offer amnesty for underage drinkers who report incidents of sexual assault (whether reporting as claimants or bystanders). The bill (Senate Bill 656) would assure that someone could report an…
Assault Awareness & Prevention, Law, Public Relations, University
Contrasting Wisconsin Attorney General Brad Schimel and Media Relations Director Sara Kuhl
by JOHN ADAMS • • 3 Comments
In December, Laura Dunn, Esquire and four of her clients, all with experiences within Wisconsin as sexual assault survivors, met with Wisconsin’s Attorney General, Brad Schimel, to discuss their concerns about how the UW System is addressing sexual assault complaints. See, UW sexual assault survivors meet with AG, seek meeting with UW system leaders @ Channel…
City, Good Ideas, Law, Science/Nature
The Hon. Alex Kozinski on Good Science
by JOHN ADAMS • • Comments
The Hon. Alex Kozinski is a judge on the United States Court of Appeals for the Ninth Circuit. The Ninth Circuit has jurisdiction over most federal appellate matters in the western continental United States. Judge Kozinski is nationally know among members of the bench, and served as chief judge of the Ninth Circuit for many…
Blogging, Law, Liberty, Local Government, New Media, Newspapers, Public Records, Wisconsin
4 Points About Public Records Requests
by JOHN ADAMS • • 3 Comments
So a local paper complains that a local school superintendent won’t comply with a public records request, won’t put the paper on a media contact list, and simply ‘must’ improve communications. A few points — 1. Compliance with a public records request isn’t a ‘communications’ issue; it’s a legal issue, of rights of residents…
Assault Awareness & Prevention, City, Law, University
The Nature of the Federal Title IX Complaints Against UW-Whitewater
by JOHN ADAMS • • Comments
The two, separate federal complaints that sexual assault survivors have filed against UW-Whitewater are complaints against that institution for the failure to comply with lawful requirements for handling these alleged survivors’ claims (regardless of the underlying facts in any given claimant’s case). (That’s why, when Title IX complainants seek federal recourse, they say that they have…
Law, Misconduct, Negligence, Politics
The Four-Dog Defense
by JOHN ADAMS • • Comments
View image | gettyimages.com Readers familiar with organizational or political excuse-making are likely familiar with the four-dog defense. The provenance of the defense is uncertain, but Acronym Required describes its four points nicely, citing a story from the St. Petersburg Times: First of all, I don’t have a dog. And if I had a dog, it doesn’t bite. And…
Federal Government, Law, Liberty, Local Government, Open Government, Public Records, State Government, Wisconsin
The Public Records Law Still Stands
by JOHN ADAMS • • Comments
After a push to alter Wisconsin’s Public Records Law (Wis. Stat. §§ 19.31-19.39), we’re now secure with the original law intact. Below one will find a recording of Wisconsin A.G. Brad Schimel’s Open Government Summit, held earlier this week at the Concourse in Madison. J.B. Hollen, Schimel’s immediate predecessor, started strongly in favor of the…
Assault Awareness & Prevention, Law, University
Former Coach Tim Fader Files Notice of Intent to Sue UW-Whitewater Officials
by JOHN ADAMS • • 2 Comments
WISC-TV 3, Channel 3000, now reports on Fader’s Notice of Claim, in a story published online this evening:
Former University of Wisconsin-Whitewater wrestling coach has notified the state’s attorney general of his intent to sue a number of officials at the university for “improperly” dismissing him from his position and for continuing to stymie his efforts to find work.
Tim Fader failed a “Notice of Claim” this week, alleging that he was not renewed as the school’s wrestling coach in the summer of 2014 because he reported an alleged sexual assault committed by one of his recruits earlier last year directly to Whitewater Police and not to his supervisors on campus, per university policy. Fader asserts he’s been made a “scapegoat” because his situation arose shortly after the Office for Civil Rights (OCR) of the U.S. Department of Education announced UW-W was one of 55 schools nationwide being investigated for how it handled sexual assault or harassment allegations
(Our law requires that one file a notice of intent to sue any state officials 60 days before legal action can begin. I have embedded the Notice of Claim below, so that one may read it in full.)
Attorney Stan Davis, a former UW System Regent, represents Fader. Attorney Davis observes that when Fader spoke to the police, he prevented UW-Whitewater’s officials from crafting a description of events at a time, and a pace, of their own choosing:
“He was the Division 3 Wrestling Coach of the Year and he is now unable to find a job,” said Fader’s lawyer, Stan Davis, a former UW System Regent. “It seems as though he’s being punished here for not giving the University the opportunity to decide how they were going to address, spin, handle this matter and that’s problematic.”
See, Former Coach Takes Step to Sue UW-Whitewater Officials @ Channel 3000.
Needless to say, in each case there may be people who are injured. That matters most, of course. Nearly as important as handling present injuries is inhibiting future victims or third-parties from reporting allegations for fear of doing so.
Attorney Davis sees this fundamental truth clearly:
His lawyer believes the impact Fader’s jobless situation could have on campuses throughout the state is why this remains so important.
“The chilling effect this could have on other faculty members who may be afraid to go to the police now if they become aware of something because Tim went to the police and he ends up losing his job,” Davis said. “It suggests (UW-W) didn’t want an outside agency to be aware of this until they decided what, if anything, they were going to do about it.
“Making a scapegoat of one person who actually handled the situation the way I think most people would have… does not do anything to help address this problem in the future.”
In fact, it’s hard to believe that reasonable people, aware of the importance of encouraging reporting, and genuinely believing in open reporting would not see as much.
I’ll have updates as this matter develops.
I would encourage readers to donate to the It’s On Us campaign, and to support these and other efforts to prevent sexual violence.
Those who have experienced sexual assault will find resources of support at www.notalone.com.
See, below, NOTICE OF CLAIM AND CLAIM PURSUANT TO 893.82, WIS. STATS:
Post updated 7.2.15 with video interview.