A report has found that both the University of Idaho and embattled Athletics Director Rob Spear share responsibility for the mishandling of a sexual assault case from 5 years ago. Outgoing UI President Chuck Staben quietly released the report in a post on his university web page Tuesday. The UI hired an outside consultant to investigate the mishandling of a sexual assault allegation from a former female student athlete against a former Vandal football player.
The controversy only came to light earlier this year thanks to blog posts from the alleged victim inspired by the Me Too movement. The swimmer was allegedly sexually assaulted by Jahrie Level at CJ’s Nightclub in Moscow in April of 2013. She was mistakenly told by athletics staff and Spear that her case can only be handled by the Moscow Police Department because it occurred off campus. Two years earlier the US Department of Education issued new rules requiring higher education institutions to address off campus sexual misconduct.
The report found that former UI President Duane Nellis failed to adequately inform faculty and staff about the new rule. The report also found that Spear’s response to the alleged victim was “insensitive and inadequate.” The consultants also noted that an internal investigation into athletics handling of the case conducted in 2013 was incomplete. Former UI attorney Debra Ellers compiled the facts of the case in a draft report but never finished the work failing to make any conclusions or recommendations.
The consultants also looked into allegations that Spear pressured female student athletes to support him while students called for his firing earlier this year. The report found no evidence to support that claim but investigators did note that 3 volleyball players felt some pressure from their coach Debbie Buchanan to not sign the petition to fire Spear.
The investigators also noted that Spear never apologized to the alleged victim but instead explained how the university was at fault. The consultants believe that if Spear would have apologized the UI might have avoided this controversy 5 years later.
The findings conclude that the UI has made several improvements in responding to sexual misconduct cases. The consultants also note that Vandal head coach Paul Petrino has completely transformed the culture of the football program. Female student athletes stated that they didn’t feel safe around the football players recruited under previous head coach Robb Akey. Petrino was only on the job for a few months when Level reportedly sexually assaulted the woman.
Spear has been on paid leave since early April. The Idaho State Board of Education will apparently be deciding his fate. President Staben and the board have agreed that this upcoming academic year will be his last at the UI. He was not at the institution when the mishandling of this sexual assault case took place. Former President Nellis was on his way out when the incident occurred as he had already been hired to take over Texas Tech.
It was the alleged victim’s mother who discovered that the dean’s office needed to handle the case. She came to that realization 10 days after her daughter first reported the allegation to athletics. The university investigation led to Level getting kicked out of school. The former student athlete decided not to press criminal charges against Level.
