Lawyer: OSU Has Never Contacted Courtney Smith to Investigate Allegations

Submitted by Communist Football on

Courtney Smith mentioned this in the initial reporting, but we now have more detailed comments from her lawyer, Julia Leveridge, to Brett McMurphy (emphasis added):

Courtney Smith is currently involved in two legal matters, criminal trespass involving her ex-husband Zach Smith, and a domestic violence civil protection order she has obtained to ensure her ongoing safety. Ms. Smith will have no further comments until these matters have been resolved. Her focus remains on caring for her two small children and continuing her nursing studies.

As her attorney, I can tell you that Ms. Smith is cautiously optimistic that The Ohio State University’s investigative committee will determine if proper reporting protocol was followed upon learning of the ongoing, abuse allegations against Zach Smith. We believe the University must prioritize the safety and well-being of others above all else. While The Ohio State University has never contacted Ms. Smith to discuss these allegations, she will fully cooperate with the university’s current investigation.

What's striking about this is that this statement was made yesterday. That is to say, even with an investigation ongoing, OSU hasn't yet contacted Courtney Smith to get her side of the story, though they may do so within the next week.

Ghost of Fritz…

August 7th, 2018 at 10:03 AM ^

Dude.  Read the article before you post about it.

ESPN did not "take a pass" on McMurpy's reporting.   Do your self a favor.  READ PAST THE HEADLINE.

Maybe be are "not surprised" about an event that absolutely did not happen the way you think it happened because you can't be bothered to, you know, actually read the article before you start opining.

MGoGrendel

August 7th, 2018 at 1:00 PM ^

Dude.  I did read the article. 

The "tl;dr" part was a straight cut-and-paste.  ESPN paid McMurphy not to publish on their website.  They gave him money and chose to keep the news off their website, thus taking a pass on reporting it.

Had they used the money to buy the story and publish it on their website, they would be in the "first to report" camp.

I Like Burgers

August 7th, 2018 at 10:28 AM ^

They didn't take a pass on the story.  He was laid off with 18-months on his contract.  A contract that has a non-compete clause in it.  That means if he goes to work for CBS, Yahoo, etc. he's in breach of his contact and ESPN can either sue, or just void the contract and be off the hook for what they owe him.  That was actually ESPN's hope when they laid off all of those reporters with long deals.  Instead, McMurphy learned that if he just posts his scoops on a platform like Facebook, he's not in breach of contract and ESPN still has to pay him.

So while he's technically still getting paid by ESPN, he's not employed by ESPN and therefore isn't a reporter for them.  So even though they are paying him, they're not going to accept his work because he doesn't work for them.

rc15

August 7th, 2018 at 10:08 AM ^

He rehired and continue to extend the contract of a domestic abuser that he was well aware of. That is enough to be a fire-able offense in my opinion. So no, I don't really care if he reported it through proper protocols.

teldar

August 7th, 2018 at 3:11 PM ^

exactly. This was the worst way they could have done it. Now they're open to a lawsuit about having hired him in the first place, having fired him, having continue to employ him, from the ex-wife about Sheltering him and pressuring her, and from Urban if he gets fired.all because this was known about it.

Castroviejo

August 7th, 2018 at 10:32 AM ^

In some ways it doesn’t matter if they followed protocol.  Zach Smith works at the behest of Urban Meyer, and Meyer could fire him for any reason.  In fact, the OSU faithful prior to this widely held that he was a weak link; he could have been fired for any reason.  Just because Urban reported it doesn’t take him off the hook- he still had the power to fire him.  Coordinators get fired all the time, just ask Tim Drevno.  The fact that he kept him is on Urban Meyer, not the University administration.  There was a lot of smoke around Zach Smith-why keep him, particularly when he wasn’t a good coordinator in the first place?  To use an analogy- your teenage daughter is dating a guy that has been arrested three times on drug trafficking charges, but gets off each time.  Do you continue supporting your daughter’s decision to keep dating him, because “nothing has ever been proven”?

Wolverine 73

August 7th, 2018 at 10:59 AM ^

If no one bothered to contact Ms. Smith to hear her side of the abuse allegations, and simply took the wife beater’s denials, then there is no way they followed the proper protocols.  Whether it was Urban or Gene Smith or someone else, OSU dropped the ball on the investigation.

EGD

August 7th, 2018 at 9:52 AM ^

Yes, though I kind of think if McMurphy had anything more substantive he would have put it out by now.  He is a journalist, after all.

Of course, it's also possible that McMurphy has information that isn't really significant right now, but contradicts something that Meyer or OSU hasn't been said yet or that comes out of the investigation.  So if OSU is thinking about calling his bluff, they had better be very careful.

Mr Miggle

August 7th, 2018 at 10:05 AM ^

That's got to be a major source of concern for OSU.

An investigation that they limited to two weeks isn't enough to protect themselves on performing due diligence. It is enough to document Meyer violating his contract. You don't need to run down every possible incident if you are planning to fire him, but you do if you want to keep him. I'm pretty sure their administration knows all that.

MGoStrength

August 7th, 2018 at 10:19 AM ^

Interesting take and it seems logical.  But, I don't think they are looking to fire him, do you?  Everything about this community screams winning in football is the most important thing and Urban wins.  I think they are looking for enough evidence to support keeping him.  I get the sense he'll survive this investigation, but criticism and/or more information comes out later that warrants further investigation.

Mr Miggle

August 7th, 2018 at 11:03 AM ^

I absolutely do think they are planning to fire him. If that was the plan, then everything they have done since Meyer's press conference is exactly what they should do. And I do mean every detail. That's not proof, but in my eyes it's very strong evidence of their intentions. 

If they wanted to keep Meyer, they would do things much differently. Why have a big investigation into whether he followed proper protocol? Just make a phone call or two to find if he was filing reports. Just admit it if he didn't, concoct some excuse, have a joint press conference where he apologizes. The school representative throws out platitudes about how seriously they take these issues while announcing a suspension and fine. If they found out he was filing proper reports, then why put him on leave during an investigation?

mackbru

August 7th, 2018 at 12:52 PM ^

They are absolutely looking for a way to fire him. That's why you put someone on leave (because you have to go through vetting and channels). That's why Urban went off the reservation and defended himself via Twitter. If they were on the same page, they'd be on the same page. Ultimately, they may decide they can't fire him with cause. But there's no doubt they're looking that way. 

The Urban scandal, coupled with the wrestling scandal, opens OSU to way too much legal and PR exposure. The university's president/lawyers must appreciate that the football coach is very important - but nowhere near as important as the school itself. They can get another coach. They can't get another reputation.

Bucknutz36

August 7th, 2018 at 11:46 AM ^

With all due respect, you and many others on this board are guilty of the same thing.  Many of you seem far more concerned about Urban losing his job than you are about Ms. Smith.  You can hide behind a higher moral compass, putting morality above winning, but at the end of the day, most of you want nothing more than for Urban to get fired, and not because of Ms. Smith and what's right, but because you desperately want bad things to happen to OSU to help level the playing field.  Deny all you want, but that's what most of these comments scream out to me.  And for the record, I'm disgusted by this entire incident, and I have not yet made up my mind about what should happen.  I suppose I'm willing to let more facts play out, and admittedly, if I were a Michigan fan, I probably would be quicker to judgment and want him fired too.  But don't pretend to be so above OSU fans, you all are loving this.  

LostInACoinToss

August 7th, 2018 at 12:11 PM ^

Help me decide, guys: Is this the most ignorant or most ironic post on the board so far vis a vis the Urban Meyer saga?

Case for Ignorant: Your take is not only the definition of conjecture, for me personally it's flat out false. When this story first broke, the "football guy" side of me hoped that it wasn't true because I want to continue to play and overcome Urban's teams - obviously, Harbaugh being 0-3 against him stings, and Urbz getting canned would leave that bad taste in my mouth.

Case for Ironic: You claim "many on this board" are "quick to judgement." Please re-read your post and tell me if there's even one sentence where you're not either a) judging people directly based on conjecture, or b) insinuating judgement. 

I'm not loving this, at all, pal. It sucks. And your take sucks.

Bucknutz36

August 7th, 2018 at 1:18 PM ^

Well, pal, if YOU aren't loving this, then I suppose you aren't part of the group I was referring to when I literally said "many on this board."  I know you're a smart Michigan man, so surely you understand that means many, as in not all, right?  So if what I said doesn't pertain to you, I would think you would simply move on and not reply.  That you so passionately responded in defense actually tells me that I likely struck a nerve, and you're having a hard time admitting to yourself that you do in fact take some pleasure in seeing OSU trouble, even if the reason why this is all happening is such a disturbing and disgusting topic.   And I'm not judging, I'm formulating an opinion based on the evidence I have been reading.  I've read many posts that don't appear to show great concern of Ms. Smith and DV in general.  Instead, I have read a lot about how scummy Urban is, how he needs to be fired, and concern as to whether he will be punished or not.   

mGrowOld

August 7th, 2018 at 12:46 PM ^

Not that it matters but I actually agree with you.  The vast majority of people posting here care mostly about one thing - seeing Meyer get fired.  Why?  Not because we're champions of domestic violence causes (search how many were posted here before this incident) but because OSU has been kicking our ass for a long time and we'd like it to stop.

Similarly the vast majority of OSU fans I've encountered (and I live in Ohio) could care less if Zach Smith went home and punched out his wife every night and showed Meyer the video of the next morning.  They dont give two shits about what went on with Smith's home life, what Meyer knew and what he did or didnt do.  They care about winning and they care most about kicking Michigan's ass every year and would like it to continue.

I wish both sides on this would just be honest about it.

Bucknutz36

August 7th, 2018 at 1:07 PM ^

I truly appreciate your honesty on this.  I never speak for everyone or claim my comments are directed at everyone, I was referring to a large portion of the posts I've read.  And that doesn't mean people don't care about domestic violence, I know I sure do.  And if Meyer knew of domestic violence and did nothing, as much as it would suck as an OSU fan, he should be fired.  I just get a kick out of people claiming all OSU fans care about is winning, while I read hundreds of posts so passionate about why Meyer should be fired, and claiming it's based solely on morality, and not how it will impact our respective teams.  

MGoStrength

August 7th, 2018 at 2:51 PM ^

Personally I used to be an Urban fan.  But, it's hard to ignore all the stories over the years that depict playing favorites, avoiding discipline of star players, questionable ethics, and putting winning over all else.  Fables are rarely 100% true.  But, they almost always exists because there is some truth to them. 

 

For me that plays into why I wouldn't mind seeing him get fired, if in fact the allegations are true, because it seems like a pattern of behavior of the sort of dude I wouldn't like.  The same way I was glad to see Freeze get fired.  Yes, I am more interested in his case than others because he coaches a rival, but I'd feel the same way of anyone I was aware of in a similar situation.  On the flip side there are plenty of good folks from OSU that I don't mind promoting because they are good people.  In fact I often show A Football Life: Chris Speieman to my HS classes as someone of high character.

LostInACoinToss

August 7th, 2018 at 2:54 PM ^

See, this is where I respectfully disagree. I don't think I've ever seen a post from these boards where a person has blatantly said (or really even come close to inferring), "I want Urban fired because we lose to him every year." None of my Michigan brethren outside of MGo have shared that opinion either.

If there's any reason he should be fired it should be because he didn't report Zach Smith when he should have, and that's what I've heard from any Michigan man I've talked to. Broadly labeling the majority of Michigan fans as hypocrites, essentially, based on how you interpret it when someone says, "Screw Urban, I hope he gets fired," is completely unfair and ignorant, IMO.

If there's anywhere where I'll concede a bit is the point that we like to see OSU squirm. But I don't even necessarily think that's true, and unfair to state as fact. If there's any "enjoyment" at all out of all of this, for me, it's about catching Urban Meyer for all of his blatant lies and attempts to cover for ZS. He is exactly who he has shown to be throughout his coaching career, and now it's confirmed in my mind. 

Going back to him being fired, again, that's not really in my hands to say if he should be or not and I'm hoping for (but not expecting) due process. But there's definitely a part of me that doesn't want him to get fired. A fan who says, "I want him fired because we keep losing to him" is yellow-bellied to me.

greatlakestate

August 7th, 2018 at 8:41 PM ^

I knew Urban Meyer wasn't a good guy when OSU hired him-- I was actually a little surprised that they did.  So yes, it sticks in my craw a bit to see him so successful.  So maybe we're hoping for a little karma or universal justice here.  Maybe we'd like "what goes around comes around" to be true.

Bucknutz36

August 7th, 2018 at 1:50 PM ^

Clearly you're quite bad at translating, but nice try.  If you bothered to read my post, I absolutely did not defend Meyer at all.  I certainly wouldn't expect you to defend him either.  I would expect that some of you can admit what at least one of your honest fans did, and that is you do in fact care about winning, and how this situation may benefit you.  

Mr Miggle

August 7th, 2018 at 4:42 PM ^

I feel bad for Courtney Smith. It's a shame she didn't get out earlier. But I note that she is playing an active role in bringing this scandal to light. I assume it's cathartic for her. She wants OSU football and Urban to pay for protecting her ex. So it's hardly disrespectful for Michigan fans to support her in that.

That aside, I am in favor of a bad year for OSU football. Honestly, I think they deserve one. A win over a struggling OSU doesn't mean anything to me, not unless the rest of our season is really good. Long term, I don't think OSU will be any worse off and I want them to be the 2nd best team in the Big Ten. I think that's how a lot of OSU fans think of Michigan.

Most important for me is that Urban gets what he deserves. I was a fan of his long ago, but he's one more sanctimonious scoundrel tarnishing our rivalry. 

 

MGoStrength

August 7th, 2018 at 2:41 PM ^

Personally I just want what is right to be done.  If the investigation does a thorough search and it turns up Urban reported it through the proper channels and he had a justifiable reason to fire Smith now that was not apparent in 2015 when his contract was renewed, that's cool with me.  Let him keep his job.

 

FWIW, reading the same discussions on 11Warriors OSU fans have the same stance.  They appear desperate to keep Meyer.  One can only conclude it's because they are fearful they won't win as many games without him and it level the playing field with UM.

 

We all know losing to each other stings us in ways that transcend logic.  We identify with these teams as a part of who we are.  They often represent our family and culture.  But, hopefully we can put aside those emotional reactions and understand these are real people and do what's right by them, whatever that may be.

YoOoBoMoLloRoHo

August 7th, 2018 at 6:27 PM ^

I share this theory with you. To retain a Urban, the investigation has to prove Urban toed the line hiring Zach (and others), promoting him, keeping him, etc for the last 9+ years according to his contract. How do you announce after a couple of days that you can vindicate him in 2 weeks?

The worst case for OSU is keeping Urban and then more incidents come to light. The second worst case is keeping him and the press/public/academics ridicule the decision as “football first” for years. Those two will damage the OSU brand long after any 9-3 season.

njvictor

August 7th, 2018 at 9:22 AM ^

Well this either makes me believe that Urban never actually reported to the 2015 allegations to the university or OSU and Gene Smith completely biffed the investigation, either not great for the university

hgb4529

August 7th, 2018 at 10:12 AM ^

Not sure how you reached that conclusion. OSU is not a mediator nor a court. As mentioned it seems like OSU spoke to the police department and Smith. No laws were violated so back to business. What else should have happened? And what is the takeaway for all employers going forward. Should we now mandate they launch expensive, lengthy, resource intensive investigations every time an employee has a DV allegation? No that would be imprudent. The current process is in place for a reason, because it still works. The fact that Courtney and other DV victims are chronic victims is not because of the in place Title IX reporting protocol, it's because they're intimidated from seeking additional legal protection. That's unfortunate, but it is not on the university or coach to provide that.

MGoStrength

August 7th, 2018 at 10:27 AM ^

The fact that Courtney and other DV victims are chronic victims is not because of the in place Title IX reporting protocol,

In this case it appears that it could if in fact Urban was aware of the history of abuse, did in fact report it, then renewed the guy's contract despite it.  

Wolverine 73

August 7th, 2018 at 11:04 AM ^

How about they pick up the phone and call Courtney and tell her what Zach said and ask for her response?  Maybe she would have shown them pictures?  Or maybe text messages?  One phone call hardly makes this an extensive investigation.  Such an obvious and elementary step, and OSU chose not to take it.  

MileHighWolverine

August 7th, 2018 at 11:56 AM ^

Wow @hgb4529 - I don't really know what to say to the bullshit drivel you just put out there....

1. How expensive is it to pick the phone and ASK Courtney her version of events? Probably less expensive than what they are doing now.

2. "chronic victims"? - That is so callous ... and creepy ... and shitty. You should feel real bad about that one. And to your point on intimidation - that's the problem. It seems clear, and she even said so herself, that she was intimidated into dropping the charges. That's why Title IX protocols exist. To protect those who are being intimidated!

Mr Miggle

August 7th, 2018 at 10:34 AM ^

It's a tricky situation. Meyer had people speak to her at Florida. They persuaded her not to press charges. 

If OSU contacts her, they open themselves up to accusations of trying the same thing. How much worse would this be for OSU if she claimed that happened? I think they followed standard practice when the police are investigating a criminal complaint.

That being said, OSU's investigations or lack thereof are a very bad look. There are photos and texts released where she alleged domestic violence in 2014. If the police weren't involved, OSU should have been.