MSU pays 1.2 million for agreed silence about football player sexual misconduct case

Submitted by poseidon7902 on July 11th, 2019 at 10:19 AM

Michigan State University paid a combined $1.2 million to a woman and a former football player who were embroiled in a Title IX investigation and subsequent lawsuits if they both agreed to "set aside" the findings of an investigation that found the football player responsible for violating the school's sexual misconduct policy.

The former female student, listed as "Jane Doe" in settlement documents obtained Tuesday by Outside the Lines as part of a public records request, received $475,000 from the university. The football player, Keith Mumphery, received $725,000.

https://www.espn.com/college-sports/story/_/id/27163447/michigan-state-pays-12m-settle-complaint

mGrowOld

July 11th, 2019 at 10:27 AM ^

Speaking of our friends in East Lansing....

Anybody else wonder what ever became of the MSU bombshell revelation that UMBig11 said would go off sometime last year?  Not saying that they didnt spend the year bathing in poop but unless my memories have failed me (and that's entirely possible considering I celebrated my 60th birthday a week or so ago) every time some new PR disaster was revealed he said "nope, not it."

He said we'd definitely know it when it went public but I dont think it ever has.  I wonder what it was.

ijohnb

July 11th, 2019 at 12:20 PM ^

It really is crazy that it isn't the first thing people talk about when they discuss Michigan State athletics.  What really drove home how much MSU has normalized their own reprehensible conduct was their Final Four run last year.  The Izzo as a "class act" was back in full force and effect.  Forget the multiple documented times he almost directly covered up crimes of players and former players.  He was back to being the great "molder of men" again last March. 

Michigan State has succeeded in getting people to engage in actual Orwellian double-think.  Pretty impressive actually.

Don

July 11th, 2019 at 10:33 AM ^

"The settlement documents note that the amount of money MSU paid to each party was not disclosed to the opposing party. MSU initially tried to redact the settlement amounts from the records released to Outside the Lines, but it provided a new set of documents with the amounts disclosed after Outside the Lines argued that state public records laws do not allow for the withholding of such information, as the settlement payouts are expenditures of a public institution."

JFC—MSU just can't ever do the smart thing, can it?

"Mumphery has repeatedly denied the rape allegation, telling investigators that the woman willingly engaged in sexual contact and that she was the one trying to initiate vaginal sex, but she got angry when he insisted on wearing a condom."

Color me skeptical of Mumphrey's claim here.

Space Coyote

July 11th, 2019 at 10:45 AM ^

Even if from a liability standpoint, Mumphrey should receive more (for whatever reason, not saying it's appropriate or not), it shows how tone deaf MSU's admin is to how society is going to see this at large. To think it's going to look at all acceptable to have Mumphrey get a higher amount is ignorance, and from a PR perspective incredibly stupid.

They continue to do things that they feel will make things go away, but instead, just make things look worse

Don

July 11th, 2019 at 12:50 PM ^

"and from a PR perspective incredibly stupid."

From the very beginning of the Nassar scandal to Engler's foot-in-mouth antics to today, MSU's strategy in PR has appeared to consist of dumping a can of gasoline on the affected area, lighting a match, and then expecting that nobody is going to notice the conflagration.

trustBlue

July 11th, 2019 at 1:49 PM ^

They were two separate negotiations with two separate lawyers negotiating two separate claims. There's no reason why they would end naturally up at the same or similar number. The disparity is mostly a reflection of the larger fact that the civil judicial process is primarily set up to adjudicate monetary damages moreso than emotional damages. Its much easier to estimate appropriate damages for loss of a salary than to determine an "appropriate" number for someone who may have been the victim of a sexual assault. 

What that says about our society, I don't know, but it is what it is. 

Yooper

July 11th, 2019 at 11:57 AM ^

This may explain the seemingly odd result. The accuser’s lawyer didn’t know the value of the case to MSU and settled too low. On its face good negotiating strategy by MSU to keep the parties in the dark. Looks like they played the accuser and Mumphery’s lawyer went along. Doubtful that this result happens if there was full disclosure to the parties. Slimy way to save a few bucks. 

Alumnus93

July 11th, 2019 at 10:34 AM ^

Perhaps I need to learn more about the legal system... but how in the world, is paying off a witness like Mumphrey to keep quiet, legal ?   Seems wrong.

Yeoman

July 11th, 2019 at 6:24 PM ^

They didn't punish him for a "crime," they punished him for violations of the school's code of conduct. Who's going to do that, if not the school? They can't try you for a crime, they can't imprison you or force you to disclose as a sex offender for the rest of your life, but they can penalize you up to suspension or expulsion if you don't abide by the agreed code. At some schools like BYU or Baylor the code's so strict that any extramarital sex whatsoever is an expellable violation. Most schools are a lot looser than that, but I doubt there's a school in the country that says anything goes as long as it isn't criminal sexual assault.

poseidon7902

July 12th, 2019 at 8:09 AM ^

I understand that, but if the accusation is he sexually assaulted me and the legal system says "nothing we can do because of lack of evidence or whatever" then what conduct policy did he violate?  Don't be accused of sexual assault?  It's an asinine way to run the school to let a jury of students determine someone's fate in a situation that shouldn't be discussed if the courts can't do anything about it.  

Yeoman

July 12th, 2019 at 3:57 PM ^

The school's definition of "sexual misconduct" is, I would guess, very different from the state's definition of "sexual assault." For one thing, Michigan law is silent on the subject of consent. (Famously so, it's referred to as the "Michigan model.") I don't know anything about MSU's code but UM's specifically requires that sexual relations be consensual and MSU's almost certainly does as well--it seems to be pretty much universal among schools that allow sex at all. It's a different standard from the state's, and it's not hard to imagine situations that would violate one but not the other.

That seems reasonable to me. In one case the penalty is suspension or expulsion from a particular school. In the other the penalty is many years in prison (and sometimes a lifetime in a high-security hospital after your sentence is over, if a psychiatrist isn't satisfied with your progress in treatment) and a lifetime of reporting your whereabouts to law enforcement so your neighbors can know a convicted sex offender is living nearby. If the bar weren't higher for the latter, I'd think something was seriously wrong.

If you really want to attend a school where law enforcement is the sole arbiter of what's appropriate conduct and anything goes as long as it's not criminal, you'll need to find a school that agrees with you. Good luck; I probably won't be joining you there if you find one.

Yeoman

July 12th, 2019 at 4:54 PM ^

Here's an example of what I mean, in an area where there's maybe a little less emotional baggage attached than there is to sex:

The only non-academic expulsion I know of from my time as an undergraduate was a student who started leaving threatening notes on his resident head's door telling him that his infant daughter was going to die.

The police didn't think it was a credible threat, just a troll as we'd probably call it today, and he was never prosecuted.

The residence counsel didn't think it was a credible threat either. But they did take it seriously as a code violation; he was kicked out of the dorm, and eventually the school. (Technically I don't think it was an expulsion; I think he was suspended and never came back.)

The courts couldn't do anything about it; law enforcement didn't do anything about it, or did it so slowly it didn't matter what they did. We let a jury of students, and then the faculty council, decide his fate. Is this problematic?

I had no problem with any of it. I don't think professors should have to put up with death threats to their children, believable or not. If the school was more strict than society at large on how much terroristic trolling they were willing to put up with, good for the school; if that's a code of conduct you aren't willing to be held to, find somewhere else to get your degree.

Ty Butterfield

July 11th, 2019 at 10:51 AM ^

If Mumphery really thinks this is why his NFL career tanked I am surprised he didn’t hold out for more money. 

drjaws

July 11th, 2019 at 11:26 AM ^

Actually, the alleged committer of said sexual assault received almost 3/4 of a million dollars.

The alleged victim got less than a half million.  That is such an MSU thing to do.  I'm surprised they didn't have someone from the athletic department drive the check out to Mumphery's house, and then drive him to practice.

Mr Miggle

July 11th, 2019 at 11:21 AM ^

This seems inappropriate for a public school, but is entirely consistent with how MSU tries to avoid public scrutiny and oversight. They should just go private.

drjaws

July 11th, 2019 at 11:23 AM ^

As a result of the settlement, Mumphery would likely not be a part of a separate lawsuit Miltenberg and Bernstein are pursuing against MSU, in which a male student says he was wrongly accused of sexual assault and suspended from the school. On July 5, the lawyers filed to attain class-action status to represent more than 50 male students who state they were wrongly found in violation of sexual misconduct policies and disciplined, with the goal of overturning those findings as well.

MSU is going to be paying a lot of people a lot of money for a long time due to their own incompetence and flat refusal to be decent human beings.

Wolverine 73

July 11th, 2019 at 11:36 AM ^

It requires a remarkable level of institutional incompetence to handle a claim so baldly that you have to pay both sides and buy their silence on the entire episode.

maize-blue

July 11th, 2019 at 11:42 AM ^

Bush league. 

The A.D. department, the administration, board of regents, Dantonio. All bush league.

GoBlue456

July 11th, 2019 at 11:43 AM ^

These Kangaroo Courts for Title 9 violations in colleges have to be one of the most absurd edicts ever passed down by a US Presidential administration. Basically just trying to remove any Due Process from these cases.

NittanyFan

July 11th, 2019 at 1:04 PM ^

Yeah, though this may veer into politics, I agree with you.  From too little to (much) too much.

The University of Cincinnati case a few years ago (where BOTH parties made a report) was things at its absurd but inevitable extreme.

In a larger sense, I suppose what has happened with Title IX in the last 45 years is emblematic of "legislating" as a whole --- a pendulum swinging wildly from side-to-side.