In an abuse case? 90+% chance it would be. And specific to this case we're discussing, it was.
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NEW: Regents Meeting, Benson Decision, Investigation Report -- Monday, 6/12
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In an abuse case? 90+% chance it would be. And specific to this case we're discussing, it was.
letsgoavs192
I support systemic racism
WTF. No word?
The Ogre
Well-Known Member
Putting the more serious issues aside, if a coach is tasked with staying in a hotel with the team, it's safe to assume he is there to deal with any problems that come up. If he's drunk in front of players while acting in an official capacity, that's a potential firing offense the first time it happens, IMO - certainly if repeated.
Dragging this issue out for so long looks pathetic, it needs resolution.
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Just an observation, don't get your shorts in a bunch....
You're reading tone into it. I'm completely unemotional. Your observation wasn't particularly interesting and I explained why.
As I posted earlier neither MacIntyre or George are experts in this area, it isn't a part of their normal area work. Looking for assistance up the chain is the best response that should be expected and if anything failed it was that assistance.
At the same time working for the university as a state institution is different from working in the private sector. I am a mandatory reporter. The letter of the law says that applies to my students and any juvenile I may have reason to suspect is being abused. That could even be interpreted as saying if I see a child in the supermarket that is potentially at risk I have to call.
We had a training session and the question came up about what if a kid tells us that adult family members are doing harm to each other. The HR person said let me get back to you. When they did the answer was if ever in doubt you report, if a kid says please don't report you still report. In the end let the authorities figure it out but we don't want to leave people, kids or adults, in a potentially harmful situation.
In my mind though he did report. He took it up the chain of command since there was no clear policy on this that he was aware of.
At the same time working for the university as a state institution is different from working in the private sector. I am a mandatory reporter. The letter of the law says that applies to my students and any juvenile I may have reason to suspect is being abused. That could even be interpreted as saying if I see a child in the supermarket that is potentially at risk I have to call.
We had a training session and the question came up about what if a kid tells us that adult family members are doing harm to each other. The HR person said let me get back to you. When they did the answer was if ever in doubt you report, if a kid says please don't report you still report. In the end let the authorities figure it out but we don't want to leave people, kids or adults, in a potentially harmful situation.
In my mind though he did report. He took it up the chain of command since there was no clear policy on this that he was aware of.
Well, that certainly put me in my place...
WichitaBuff
Member
The problem with this is that MacIntyre made this situation too complicated. Why not after the December 15th phone call (his second call from her) why did he just not suspend Tumpkin with pay? Just suspend him until things work out. He gets paid, but you take effective action. Mac reported it up the chain, the employee has been dealt with and you move on. Have Jeffcoat or somebody call plays. Worrying about your defense is not the priority at this point- I know that sounds crazy, but you have to protect your team, yourself and the University.
SINKRATZ
PhD in Analogy
You have to ignore the victim's request in this case. Mac can't sit on that info just because the victim didn't want Tumpkin to get in trouble. If Tumpkin had subsequently beat her to death, that would have been on Mac if he had decided to keep it quiet because of her wishes.
Because if you suspend him without any evidence other than the voice over the phone of an angry girlfriend you bring a massive amount of publicity to your program. If he is innocent you then set yourself up to be sued for the damage you have done to his name and his career and you destroy the trust of the rest of your coaches now and in the future who always will wonder when will you throw them under the bus.
A P5 assistant coach is a public figure, anything you do outside of the normal is going to bring attention to him and to you.
Sometimes there are situations where there is no perfectly right thing to do.
You may be right, I have never been in that situation, and hope I never am. I guess my only thought, subject to being set straight below, is it is easy to say in hindsight what should have been done. I am willing to give MikMac some slack, I suspect most here would too.
don't you worry! Plati has this **** covered!
Shaddup!!!
i was going to insert a mean joke here, but what's the point... i just hope that decisions are made with clear heads and that biases are put aside in that process.
BehindEnemyLines
beware the habu
It would be great hypocrisy if the regents ended this meeting and pronounced "the need to foster a culture of transparency" within the athletic department.
Lukeasaurus
Well-Known Member
That's not true, especially depending on the state. Domestic abuse is NOT reportable like elder and child abuse. In fact, from medical legal standpoint it is actually a hipaa violation to report it against the victims wishes unless there is imiment danger. In this case we know she, the victim said 1. She was safe at the time of call and 2. She did not want him to report the abuser.
Therefore he is likely obligated and limited to legal and institutional regulations already in place.
Ethics are often superceded by legal constraints.
Actually doesn't matter a lot what the legal issues are in terms of mandatory reporting which is what you are talking about. Legally anything is reportable if a person has reason to believe that someone else is in danger, you call and let the police figure it out from there.
Even if you have no statutory mandate to report you can still fall under an employer mandate. A bigger issue is that if a failure to report results in harm or death you have the moral failure to do what you can for a fellow human being.
Less important to me but still important is the damage that would do to the institution and the program. This isn't Waco Texas or Lincoln Nebraska, most people in Boulder and in the state of Colorado don't put winning football games above the life or health of a beaten woman. You simply can't fail to act if you have any reason to believe that someone is in danger.
Fortunately in this case she was out of danger and they didn't try to sweep it under the rug. They may have been slow in acting but they did the best with the information they had in trying to follow the appropriate steps.
SINKRATZ
PhD in Analogy
I'm speaking more in an ethical sense than a legal sense, I don't know if he was legally required to report or not. I believe protecting an alleged victim at all costs should take priority over respecting her wishes in that situation.
And I'm no lawyer, but why would a football coach be subject to HIPAA compliance? He's not a health care provider.
DiggerBuffs
Well-Known Member
As Charlie Murphy would say, WRONG, WRONG! Below is off this little link (it's funny how easily DiStefano could have helped this situation by doing a google search and reading more than two unclear lines) http://cuvictimassistance.com/issues/mandatory-reporting :
Why do you have to report?
It is the policy of the University of Colorado Boulder, that all "responsible employees" who become aware of protected class discrimination and harassment, sexual harassment, or sexual misconduct (including sexual assault, intimate partner abuse, and stalking) or related retaliation, to promptly report it to the Office of Institutional equity and Compliance (OIEC). Staff in offices that hold legal confidentiality privileges (such as Office of Victim Assistance) are exempted from this reporting policy.
Who is a "responsible employee"? Any employee who: (1) has the authority to hire, promote, discipline, evaluate, grade, formally advise or direct faculty, staff or students; (2) has the authority to take action to redress discrimination or harassment; and/or (3) has been given the duty of reporting incidents of discrimination or harassment to the OIEC. This definition does not include any medical, mental health, counseling or Ombuds Office personnel, in addition to any other offices covered by a statutory privilege or designated in campus procedures as not subject to mandatory reporting to the university.
FlatironsBuff
Well-Known Member
Why are you assuming they are shorts, and not panties?
Lukeasaurus
Well-Known Member
As Dr Cox would say, "you're wrong!". Ok not entirely but I think you missed my point. It wasn't that he shouldn't have reported it at all but that he was limited by legal constraints about how and to who to report. I.e. by your link the report it to the Office of Institutional equity and Compliance (OIEC).
To state that he should have done more and told someone else, I.e. police (which is not what you are saying but what is being reviewed) and gone outside of the already established guidelines would have put him at risk.
And I was coming from a medical legal standpoint as that's what I have to deal with but it was just an example.
Still my favorite show of all time
favorite show of all time is too far for me, but I did like it. Good mix of characters.
BUffsNation
Newest Tool
When is the next update?
Soon, or not.
You mean the one where CU details the scathing report including denying Mac a raise, putting him, RG and Distefano on probation and announcing major recruiting restrictions after which several professors call for disbanding the football program?
I don't really believe that will happen but I'm still in shock from the Barnett debacle.
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