Mike MacIntyre, AD Rick George & the University President will each donate $100,000 towards domestic violence awareness & will receive a letter of reprimand; but the University finds while they fell short of appropriate behavior; but did not break the law.
Mike MacIntyre enjoyed a dream of a breakthrough season that ended in a 3-year, $16.25 million contract extension.
Events that occurred between the end of the season and the announcement of that extension have now put the deal in jeopardy.
While awaiting a flight home from the Home Depot college football awards show in early December, MacIntyre received a call from Joe Tumpkin's longtime girlfriend, where the woman confessed years of physical abuse at the hands of the CU assistant. As detailed in a Sports Illustrated story, the woman made MacIntyre aware of the abuse, and the coach pledged to do something about it. She recalled around 80 incidents of violence over a 2-year period.
MacIntyre spoke with CU athletics director Rick George and, as time progressed, the woman never heard from MacIntyre again -- only the Buffaloes' lawyer.
Earlier in 2016, she says she told MacIntyre during this second conversation, “the police had shown up at Joe’s apartment … [there is] a domestic violence call on file … a neighbor heard Joe beating me up.” She had lied to the police that night, she explained, by claiming that the violent sounds had been part of a consensual sexual encounter. The police bought it and left.MacIntyre thanked Jane for the heads up, she recalled. According to Jane, he said that he had spoken briefly about the matter with athletic director Rick George, who was traveling, and “they were going to sit down together when [George] got back and decide what to do,” Jane said. After that call, and over the next three days, Jane’s phone was silent. She would not hear from MacIntyre, or anyone at Colorado Athletics, again.
In the meantime, CU defensive coordinator Jim Leavitt left for the same job at Oregon. The Buffs needed a defensive play-caller for their late December Alamo Bowl appearance against Oklahoma State.
MacIntyre chose Tumpkin.
(Colorado lost the game, 38-8.)
Tumpkin eventually had a restraining order filed against him, and resigned from the staff in late January. But the SI story raised questions about why MacIntyre would promote, much less employ, an assistant who had serious, credible and documented accusations of domestic violence against him from a source he knew and trusted.
Those questions prompted MacIntyre to release a statement late last week that ended like this:
Upon hearing the allegations by Joe Tumpkin’s girlfriend, my initial reaction and foremost concern was for her safety. I reiterated that to her several times and confirmed that she was in fact, safe.In the same conversation, I was clear in communicating to her my obligation as a university employee to notify my superior, which is exactly what I did. I can say I did everything necessary to ensure this individual’s statements were relayed immediately.I would like to clarify the following reported statements:There were two separate conversations. The first was her report to me of the abuse. In the second conversation, I communicated to her that I reported it. Tumpkin was made the play caller for the bowl game because, at the time of the decision, there was no police report or legal complaint. This decision was approved by my superiors.I want to be clear I unequivocally endorse the chancellor’s plans for improving CU’s policies and practices in dealing with matters of domestic violence and pledge that I and the entire football coaching staff will work to carry out our obligations under university policy.
Though MacIntyre's actions met a legal standard of behavior, we found them short of the ethical line, especially for someone who opened his statement describing himself as "a coach who has built his career on always trying to do the right thing both on and off the field but as a person who tries to be compassionate."
On Monday, the Boulder Daily Camera reported MacIntyre's extension is now temporarily on hold.
Every coaching hire or extension is followed by the boilerplate phrase "pending board approval." That phrase rarely calls for more than a simple rubber stamping, but the Colorado board wants to investigate the facts surrounding the MacIntyre-Tumpkin situation before approving the deal. (Why MacIntyre was granted the raise in the first place when the facts of the situation were well-known internally by the time of the January announcement should be included in that review.)
From the Daily Camera:
The board had planned to take up the contract extension at its regular meeting this week on the Boulder campus, but instead plans to vote on it at some later date, after the regents better understand how top university officials acted upon learning of the allegations against Joe Tumpkin.
"The university is going to engage in some outside consultation on this situation and so we really need to see that investigation run its course before we take any further action on MacIntyre's contract," Regent Jack Kroll, a Denver Democrat, told the Daily Camera on Monday.
The investigation will possibly find MacIntyre, George and chancellor Phil DiStefano in violation of CU's mandatory reporting policy:
It appears that MacIntyre, Chancellor Phil DiStefano and Athletic Director Rick George may have violated the university's in-house sexual misconduct policy when they failed to immediately report the allegations to CU's Office of Institutional Equity and Compliance, which investigates instances of sexual misconduct, discrimination and harassment.
The university lists "failing to report" under a subheading that outlines prohibited conduct in theOffice of Institutional Equity and Compliance "Processes and Procedures" document.
The university's sexual misconduct policy prohibits intimate partner abuse, including domestic and dating violence, and requires any employee who is considered a "responsible employee" to promptly report information regarding "any possible sexual misconduct" to the Office of Institutional Equity and Compliance.
It isn't clear when CU's investigation will be complete, but it is clear MacIntyre's extension will not be approved until then. "The contract definitely is not going to get voted on this time around and that's the right thing to do, given that we haven't had the opportunity to investigate this fully," regent Jack Kroll told the paper.