After a Nov. 16 USA Today article accused LSU of widespread mishandling of sexual assault cases, University administration hired law firm Husch Blackwell to conduct an independent investigation into its Title IX office and LSUPD to determine if such misconduct exists.
Husch Blackwell Partner Scott Schneider described the firm’s review of the University as “multifaceted” and said a team is interviewing a wide range of students, employees and faculty, particularly those whose names were made public in the USA Today story and other newspieces.
Interim President Thomas Galligan said Husch Blackwell would review 60 cases from 2016 to 2018 in its investigation, according to a USA Today article. The firm is not limited to 60 cases, Schneider said, but the number “feels about right” to him as an estimate. The team is also reviewing numerous files from more recent years, not just those within that time period.
Schneider said the team will use the 60 cases to identify any trends or patterns present within the University’s Title IX system, rather than reviewing every case. These cases were either chosen by the firm or put forward by the University. Schneider also said no cases were considered “off limits,” and the team was never denied any requested information by the University.
Husch Blackwell’s report will “point out areas where folks made mistakes” and determine “who knew what and when.” A detailed analysis of the effectiveness of University programs that address sexual assault, such as LSU Cares and Lighthouse, will also likely be covered in the report.
The Husch Blackwell investigation has already revealed a settlement between former LSU head football coach Les Miles and a former student intern who accused him of sexual harassment years ago, the Advocate reported Wednesday.
Husch Blackwell requested interviews with any students willing to share their perspectives with the firm in a Feb. 8 email sent to all students. Students are able to register for either individual or group interviews through links in the email.
In the interviews, several students raised questions about where an incident should first be reported and what outlets should be used at what time, including LSUPD and the Title IX office, according to Schneider. He said this confusion “needs to be addressed.”
“We want to give students confidence [in the system],” Schneider said. “We’re doing the best we can. The report will speak for itself.”
Several student organizations, including Student Government and Tigers Against Sexual Assault, have called for the immediate resignation of any officials who were involved in covering up the sexual abuse of students.
“I want people to be fired. I want people to be punished to the harshest degree for not only breaking LSU policy but for breaking federal law,” Angelina Cantelli, co-president of Tigers Against Sexual Assault, said. “If this report doesn’t do that, I’m going to be really disappointed.”
Schneider did not indicate that the firm’s report would recommend firing anyone, and said that “no person can violate Title IX laws.” Under current Title IX law, only educational institutions can be penalized for violating Title IX procedures, not individual employees, Schneider said.
Schneider clarified that Title IX is a disciplinary process, not a legal one. When a student reports a sexual assault incident to LSUPD, they have the choice to pursue a criminal investigation, which could result in jail time for the perpetrator, or a Title IX investigation, which could result in academic disciplinary actions such as suspension.
“LSU does not have the authority to throw people in jail,” Schneider said. “And that’s a good thing.”
Husch-Blackwell has conducted investigations similar to LSU’s for several universities across the United States, including UT Austin, Colorado State University, University of Iowa and Michigan State University.
A local news source revealed on Aug. 4, 2020 that Colorado State University’s Athletics department was not abiding by proper COVID-19 protocols and another story from the same source on Aug. 8, 2020 revealed issues of racial inequality on the football staff. Within days, CSU President Joyce McConnell announced Husch-Blackwell would begin an investigation into the issues later that month. The investigation has since then been completed with CSU publicizing satisfaction in the results and taking on the recommendations from the firm.
“We are confident in the integrity and independence of the investigation performed by Husch Blackwell,” CSU Director of Media Relations Mike Hooker told the Reveille. “The Husch Blackwell investigators conducted interviews with more than 100 current and former staff and students in CSU Athletics and shared what they learned from those one-on-one conversations with the university in a clear, cogent report that included recommendations that we have since acted upon.”
Cantelli, a psychology and English junior, met with Husch Blackwell twice since the investigation began in November. She described her experiences with the firm as pleasant and reassuring, but ultimately said she has concerns about the report being harsh enough on administration.
“Our fears were kind of calmed because the people we met with were legitimately great,” Cantelli said. “They were very honest about how they [couldn’t] speak to other people’s work at the firm but that they were here to find the truth. That was refreshing.”
Cantelli and her co-president Angel Upshaw received a message from a student at Colorado State University shortly after a USA Today article surfaced that alleged Husch-Blackwell swept her Title IX case under the rug during CSU’s investigation, so the organization is concerned the same may happen at LSU.
LSU alumna Caroline Schroeder was sexually assaulted by a student in October 2016 as a freshman. She filed with the Title IX office three years later with alumna Elisabeth Andries, who had been abused by the same individual on the same night. During the investigation process that eventually led to a University Hearing Panel trial, Schroeder said the University made a number of Title IX violations that she would like to see addressed in the Husch Blackwell report.
The violations Schroeder witnessed included the University’s decision to not offer interim protection measures to a third victim who had three classes with her alleged abuser. Instead of Schroeder’s investigation lasting 60 days, as per the office’s protocols, it lasted 130 days. Schroeder and Andries were also advised against filing a report by administrators in the Title IX office, being told to “move on” and “let it go;” Schroeder said this could qualify as intimidation, which is prohibited under federal policy.
Schroeder spoke to Husch-Blackwell in January 2021 about her Title IX experience after tweeting that she hadn’t been contacted for the investigation yet.
”I’m not super confident in the Husch Blackwell report,” Schroeder said.
The University Hearing Panel found the student guilty on both counts of sexual assault. He was suspended for a year and banned from campus during that time period. Schroeder spoke to Husch Blackwell in January 2021 about her Title IX experience after tweeting that she hadn’t been contacted for the investigation yet.
The University Hearing Panel is the final stage of a Title IX appeal and can be sought by either party in a case if they find the Student Advocacy and Accountability ruling unsatisfactory.
“The University Hearing Panel serves as a rehearing in the accountability process,” Media Relations Director Ernie Ballard said. “Students have the right to request a panel after their accountability meeting if they do not agree with the decision and/or outcome issued by their hearing officer.”
The UHP consists of over 70 faculty, staff and students that are rotated every semester. Each hearing panel is made up of at least one faculty member and one student, with a quorum of three individuals total.
Biochemistry junior Laiba Iqbal said she is not necessarily distrustful of Husch Blackwell as an organization, but she is concerned LSU will not take their recommendations as seriously as they should be taken and the firm’s report will, in turn, not enact any major change at the university.
“[I’m] very suspicious,” Iqbal said. “The history of how these things turn out has never been as radical as it needs to be, and I’m not sure if it will be any different this time even though I’ve seen Angelina [Cantelli] and all my friends tirelessly campaign for measures to be taken against what has happened.”
Political science, Spanish and international studies junior Abbie Grace Milligan also spoke to Husch Blackwell in her role as Director of the Department of Safety in Student Government. She also serves on SG’s new Sexual Violence Prevention Committee.
“I believe that they will make a great report, but they essentially said it would be up to students to encourage administration on how to adapt their recommendations,” Milligan said. “We don’t know how committed LSU is to changing anything or following their recommendations.”
The report could be released as early as next week, according to The Advocate.