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CU settles 2001 recruiting lawsuit for $2.85 million
University president Hank Brown signed off on settlement
Associated Press
Lisa Simpson, right, meets with Hank Brown, president of the University of Colorado, center, after a news conference in Denver today at which university officials announced that the school will pay Simpson and another woman $2.85 million to settle a lawsuit by the pair, who claimed they were gang-raped at an off-campus party for football recruits.
Photo by Paul Aiken
University of Colorado President Hank Brown, left, speaks at a press conference in Denver where it was announced CU will settle a lawsuit with former students Lisa Simpson and Anne Gilmore over allegations they were sexually assaulted at an off-campus party attended by CU football players and recruits. Boulder campus Chancellor Bud Peterson listens at right.
CU Recruiting Scandal
Documents:
Read Lisa Simpson's deposition (PDF) - part 1 | part 2
Read Marques Harris's deposition (PDF)
Read the deposition of one of Lisa Simpson's roommates (PDF)
Read the deposition of an unnamed recruit host (PDF)
Read the final report of the Independent Investigative Commission (PDF)
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The University of Colorado will pay two alleged rape victims $2.85 million to settle their Title IX lawsuit against the school — a deal that will shut the chapter on a “painful period” of CU history, President Hank Brown said today.
Lisa Simpson — whose attorney took the lead in the case — will receive $2.5 million from CU, while the other plaintiff, Anne Gilmore, will be paid $350,000.
The women claim the university fostered an environment that led to their rapes by athletes at an off-campus party in December 2001.
“This settlement closes the chapter on a painful period of the university’s history,” Brown said. “The University of Colorado is a different place than it was six years ago.”
CU officials said Simpson’s settlement was larger than Gilmore’s because there were different facts involved in each woman’s case, and Simpson filed her lawsuit earlier and her attorney took the lead in the case, and therefore she has higher legal fees.
“I am pleased with all the steps the university takes to prevent any of its students from becoming future victims of sexual assault,” Simpson said in a statement provided by the university
Gilmore, in a similar statement, said, “My personal decision to settle in no way diminishes my convictions in this matter. I have chosen not to participate in an ongoing, exhaustive litigation process and will instead move forward on my healing process privately.”
To date, CU already has spent nearly $3 million in outside legal fees defending itself against the lawsuit. The university’s insurance policy is paying $2 million of those fees, as well as picking up the settlement tab, CU spokesman Ken McConnellogue said.
State funds are not being used to pay for court or settlement costs, according to CU officials.
CU attorney Dan Wilkerson, at a morning news conference, said the university arrived at the settlement because it would have been a lengthy and difficult court battle.
“There’s no admission of liability,” Wilkerson said.
Earlier this fall, the U.S. Court of Appeals for the 10th Circuit overturned the March 2005 decision by U.S. District Judge Robert Blackburn to dismiss the lawsuit filed by Simpson and Gilmore. The court — in its reinstatement of the case — concluded that there is enough evidence that CU “had an official policy of showing high school football recruits a ‘good time.’”
CU has agreed to pay the plaintiffs’ legal fees, officials said, but that’s part of the settlement amount that’s been negotiated.
“Even more important than the dollar amount of the settlement is the agreement by CU to enact historic changes agreed to as part of the resolution of this case,” said Baine Kerr, Simpson’s Boulder attorney, and the husband of CU Regent Cindy Carlisle.
The school also will add a Title IX adviser and a half-time position in the Office of Victim Assistance as part of the settlement, McConnellogue said.
The additional half-time counselor position also was important to Simpson, Kerr said.
“The office was of tremendous help to Lisa in the aftermath of her rape, and she wanted to make sure other people also would be helped,” he said. “This is one way to accomplish that.”
CU President Brown signed the agreement at 7 p.m. Tuesday in Denver.
McConnellogue said the settlement was the result of “a series of negotiations over many weeks between the plaintiffs and the university counsel.”
“Settling this lawsuit is in the best interest of the university,” McConnellogue said. “If we didn’t settle, litigation would continue for years at a cost, and we are in an entirely different place than we were.”
The lawsuit touched off a football-recruiting scandal, leading to massive fallout among CU’s top leaders and athletic staff. The university president, Boulder campus chancellor, athletic director and football coach left their posts amid the controversy.
The university has reformed its athletic department and added strict recruiting rules that make their program among the most stringent in the country, said Chancellor Bud Peterson.
High-school recruits visiting the campus have 48 hours for their visits, which are more structured, Peterson said. The recruits have a midnight curfew and the student-athletes hosting them must enter an agreement with the university.
Also, students are not allowed to take recruits to parties where there is alcohol or drugs.
Recruits — at the end of their visit — are required to do “exit interviews” with CU officials about their visits.
The Rocky Mountain News contributed to this report.
Posted by SnowBuff on December 5, 2007 at 9:19 a.m. (Suggest removal)
At least it is finally over. Good legal strategy on Simpson's part, knowing that the publicity of a trial would force CU to settle.
What an absolute waste.
Posted by trubuff on December 5, 2007 at 9:34 a.m. (Suggest removal)
What a crock. So CU pays Simpson $2.5 million for getting wasted and willingly doing some things that she regretted the next day. Why don't we read about how she was passing out jello shots and condoms at her party that night? If the school needs to change policies then that's one thing, but to pay this greedy bi_c_ is horrible.
Posted by JimmytheBuffalo on December 5, 2007 at 9:45 a.m. (Suggest removal)
Sad. I hope CU's insurance pays for this one and not the taxpayers/students. This isn't a corporation paying someone off - it's an instutution of higher learning supported by the taxpayers. This kind of stuff burns me up.
Posted by BuffSteve on December 5, 2007 at 9:56 a.m. (Suggest removal)
So, because Lisa Simpson was passing out Jello shots and condoms at her party that means she deserved to be raped? Wow. I sure hope you don't have a daughter that ever gets raped.
Posted by buffknight on December 5, 2007 at 10:26 a.m. (Suggest removal)
That is wierd that you say she was raped, I don't remember any sexual assault charges ever being filed, notable because the DA at the time was on a personal crusade to demolish the program.
Posted by bouldabuff on December 5, 2007 at 10:41 a.m. (Suggest removal)
If any of you have daughters then make sure you teach them not to put themselves in situations like this. Hopefully that $2.5 million can buy Lisa some Lipo.
The University attorneys must not have known about the other half of the football team that she consentingly slept with during that time period. Enjoy your money Lisa, sadly it will not buy you what you are really looking for---self respect. That was gone a long time ago.
Posted by CaliBuff on December 5, 2007 at 10:44 a.m. (Suggest removal)
I remember, I had an International Finance class with this chick and I remember thinking it was pretty funny her name is Lisa Simpson. Looks like her finances are currently in good order.
I think it's crap that she sued the university. Why can't justice be carried out in the criminal courts?
Posted by trubuff on December 5, 2007 at 12:12 p.m. (Suggest removal)
Here goes the media with their top notch reporting again. The AP story writes, "The suit accused the university of failing to adequately supervise players when the women were raped in 2001."
That's funny, I don't remember anyone ever being convicted of rape. In fact it never even made it to court. Even though the story later mentions no charges were filed in that case, they should not be able to print that anyone was raped!
Posted by walto_clown on December 5, 2007 at 12:15 p.m. (Suggest removal)
Yeah, I'm often sympathetic to the victim's side of the story in these cases. But I'm not getting this one, entirely, though I don't claim to be completely informed. The problems that stand out to me:
--No criminal law suit.
--Somehow the University's liable because football recruits attended. If I remember correctly they were invited.
--If I'm not mistaken, Ms. Simpson wasn't entirely sure how she ended up in the situation she later regretted.
--Ms. Simpson is clearly a hero of women's rights by failing to take responsibilities for what appear to be her own actions and holding an institution that was uninvolved accountable.
--Aside from padding her own pocketbook, her actions will likely have the effect of diminishing the quality of education and increasing the price of tuition at our beloved institution.
--Will someone who knows more about this tell me what I'm missing? This can't be right...
Posted by ChicagoBuffsFan on December 5, 2007 at 1:13 p.m. (Suggest removal)
First – Anger
I hope you’re finally happy. Can I ask you this Lisa? You invited over a bunch of testosterone filled, inflated ego, hormone raging aggressive young men into your home; feed them booze and coke, then took your clothes off, handed them condoms and invited them to learn why recruits should come to CU and then you wonder why they might have acted inappropriately with you (rape was never mentioned in this lawsuit)? What did you think they were going to do, play Monopoly?
Please, act like and adult and take responsibility for your actions. You put yourself in a situation to be mistreated and you want the university to take the fall. Mark my words, we’ll hear more about this young lady in the years to come. I guess we know where the bowl money from Shreveport will be going (to Lisa’s lawyers).
Now – Praise
Thank you Lisa. I know this seams a little schizophrenic but to me, I’m glad for what she did. I would rather have a 6-6 football team of upstanding young men before I would a 12-0 team full of crackhead rapists. She blew the whistle on a football program that was headed in the wrong direction. There was an air of entitlement around CU in the mid-90’s when I was there and it showed around the state. CU brought in very few Colorado athletes to its program and that’s not because the state didn’t produce any but because CU thumbed its nose at them. By what I’ve seen out of Bohn, Hawkins and the recruiting class so far this year, the attitude has changed and the extra supervision has affected recruiting and for the better.
I’m truly sorry to you Lisa, Anne, Katie & Monique. There is never an excuse for the mistreatment of women!
For Katie Hnide, You’re probably not reading this but I apologize for my alma mater. It probably doesn’t hold the same weight but I do hope it helps.
Now it’s over, let’s move on and start playing some football.
GO BUFFS!! BEAT THE TIDE!!
Posted by Ralphie2 on December 5, 2007 at 2:14 p.m. (Suggest removal)
OLD NEWS...
Posted by noslackbc on December 5, 2007 at 2:40 p.m. (Suggest removal)
ESPN posting states Ms. Simpson was focused on change, not money. I am sure after her attorneys take a "reasonable sum" she will commit a large portion of the balance toward funding this change.
Posted by COSBUFF on December 5, 2007 at 3:04 p.m. (Suggest removal)
Yes, if Ms. Simpson wants to do the right thing then she should donate the vast majority of the net settlement (after legal fees) to a woman's shelter or the like. She will probably just buy more jell-o, alcohol and condoms.
Posted by TallyBuff on December 5, 2007 at 3:48 p.m. (Suggest removal)
Wow, talk about blaming the victim. Trubuff: being drunk, passing out jello shots, condoms, or anything else is not the same as consenting to sex. I don't recall any players providing evidence that Simpson consented to the sexual activity. To be sure, she exercised poor judgment that evening, but so did everyone else. The penalty for poor judgment is not a sentence to engaging in unwanted sexual activity. Sheeesh.
What troubles me in all this is the absence of reporting about how the same CU staff handled the Colt Brennan case. Why is that never raised? Here's a snippet from a Feb 2004 story in The Camera:
"Barnett confirmed that he released walk-on quarterback Colt Brennan on Friday because of a police investigation into an incident of alleged unlawful sexual contact in a dorm room Wednesday morning. Brennan had not been arrested as of late Saturday."
http://www.dailycamera.com/bdc/buffzo...
Here's more:
"Quarterback Colt Brennan of Saddleback Community College was informed on Tuesday that Syracuse University will not offer him a scholarship because of a conviction last September on second-degree burglary, first-degree criminal trespass and unlawful sexual contact charges. The incident that led to his arrest happened on Jan. 28, 2004, at the University of Colorado in which Brennan allegedly barged into the dorm room of a female student, fondled the student and exposed himself."
http://www.syracuse.com/articles/oran...
ESPN covers it this way:
"For Brennan, Hawaii was more than a refuge. It was a place to regain control, something he lost on Jan. 28, 2004. That night, Brennan, then a freshman at Colorado, drunkenly entered a female student's room uninvited and didn't leave. He was charged with several crimes including sexual assault. Colorado, which at the time faced accusations of sex crimes involving several football players, quickly dismissed Brennan from the team. Brennan was convicted of first-degree criminal trespass and second-degree burglary, but was acquitted of charges of sexual assault and indecent exposure. He was sentenced to seven days in jail and four years probation."
http://sports.espn.go.com/ncf/news/st...
The key point, in my opinion, is that CU gets tainted with a broad brush. This happened in the late 80s and again in the mid 00s. Like Brown said, the settlement closes the door. Good.
Posted by TarheelBuff on December 5, 2007 at 4:04 p.m. (Suggest removal)
Fellas,
It is disgusting for comments to be made about how she was paid off, what she should do with the money or in any other way continue to denegrate these two women.
I am no apologist but a "settlement" in social terms an admission of guilt. The formal record may never show it, but we all know.
Let it go, the program and the university are moving in a much better direction. And while some may say that our recruiting environment was the same as many other places is irrelevant and ignorant.
Be men, acknowledge transgressions were made and accept the fact that in addition to an overturned ruling; Hank Brown and an insurance company, by accepting a large settlement, shows this case was a loser. I know some of you will claim you were there that night, and a few of you may have been, but it is irrelevant what the nature of the party was, not because it is politically correct or that these women were paid off. It is because of the result, the scoreboard says so and you can't change it.
Let's show some class CU, it is a bad chapter that can now be put to rest. Let it be.
Posted by trubuff on December 5, 2007 at 6:30 p.m. (Suggest removal)
Tallybuff I am not blaming the victim for anything. And how do you expect the recruits and players to "prove" consentual sex? You can't, but in most cases you can prove rape by going to the doctor and getting checked. Forced sex leaves marks, bruises, scrapes and since this case never even made it to court as a rape case there obviously was no proof of that. That is why Simpson went after the University instead, most likely because of advice from her lawyers, in order to get a payday out of this.
Posted by extrapoint on December 5, 2007 at 9:05 p.m. (Suggest removal)
I wonder what Mark kizla's cut is?
Posted by trubuff on December 5, 2007 at 9:19 p.m. (Suggest removal)
Sandy what's his name from AM950 should get a few bucks out of it too.
Posted by OUBuff on December 5, 2007 at 9:38 p.m. (Suggest removal)
Tallybuff, you say "don't blame the victim." Seems to me that the only victim here is the university. Don't worry, I don't blame them.
Posted by extrapoint on December 5, 2007 at 9:48 p.m. (Suggest removal)
you are referring to Sandy "my opinion is my entire life (and should be yours too) Clough.
Amazing how many arrogant septic tank scrapings are in Colorado as "sports journalists"
Posted by cu_1982 on December 5, 2007 at 10:05 p.m. (Suggest removal)
I wonder how many people commenting on this ever read the depositions - posted on the front page of the Buff Zone? I read them a couple years ago.
Bottom line - this was a mess on both sides.
However, one point raised above is that the players involved were basically convicted of rape in the media - yet never charged.
There is so much compassion and concern for Lisa Simpson, yet almost none for the football players who will wear the badge of "rape" on them for the rest of their lives - and again - they were never tried, nor convicted of any crime.
Bottom line, a criminal trial should have been held and it never was.
Glad this is finally put to rest. Good riddance Lisa Simpson.
Posted by cu_1982 on December 5, 2007 at 10:07 p.m. (Suggest removal)
BTW, if CU paid Lisa Simpson a settlement, then it should also pay settlements to the CU athletes who were drug through the media - and again - never charge or convicted of a crime.
Posted by Saheeb on December 6, 2007 at 10:29 a.m. (Suggest removal)
cu_1982: Thanks for the insights. The only problem with a trial is it's even more expensive than what CU just paid out, you're in the headlines for a couple of years and you still run the risk of a jury siding with the plaintiff regardless of the facts. The media ignores the facts and juries do routinely as well. I think it was the right move to settle after the other court reinstated the case after another judge tossed it out. Just ending it, unfortunately, was the best way to go even though it didn't give CU or the players a chance to be exonerated. But, justice is rarely actually about justice. I wish they would have settled the suit AFTER signing day, though. Bad timing....I'm sure the last Hawkins wants to do is answer questions about something he had nothing to do with while he's in the home of a recruit right now...
Posted by IAM4CUINIOWA on December 6, 2007 at 2:07 p.m. (Suggest removal)
Everyone, and I mean everyone, should get and read the book, " Buffaloed - How race,gender and media bias fueled a season of scandal "
It's written by Bruce Plasket, who was a member of the media until he decided he wanted no more part in how things were being reported. He quit the profession, and wrote this book, which covers this very story, truthflully and factually.
I've read it, and strongly suggest everyone that has an interest in this story, read it, starting w/the back cover.
Shows how corrupt the system can be, and how some see athletes as easy targets.
Enjoy, I did. And it's nice to know the truth.
Posted by cu_1982 on December 7, 2007 at 4:25 p.m. (Suggest removal)
I remember the articles in about Bruce Plasket and his book. Unfortunately, I never had a chance to read the book - maybe I will now.
As you will know - and I'm sure the book covers - this entire "scandal" and its "launch" into the public was orchestrated by a PR firm.
Enough said.
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