NKU Athletic Director Ken Bothof Deposition

Case: 2:16-cv-00028-WOB-JGW Doc #: 70-2 Filed: 09/06/16 Page: 1 of 76 - Page ID#:
778

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KEN BOTHOF
of lawful age, a Witness herein, being first duly
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sworn, as hereinafter certified, was examined and
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CROSS-EXAMINATION
deposed as follows:
A. Much different.
Q. Did you go to San Jose State
immediately upon graduating in Iowa?
A. No.
Q. All right.
A. I taught and coached for six years.
Q. Good morning.
Q. Where?
A. Morning.
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BY MR. MURPHY:
A. Ken Bothof, 13882 Alexandria Pike,

Butler, Kentucky 41006.
Q. And where did you go to college?
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Q. Would you state your name and your

home address, please?
A. Buena Vista University in Storm Lake,

Iowa.
A. Three years in Storm Lake, Iowa and

three years in Dennison, Iowa.
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Number one, any time you want to take a break, tell
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questions aren't clear, simply tell me and I'll
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rephrase it.
Q. Before I go any further, a few rules.

me and we will. If I don't if one of my
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A. Okay.
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Q. And what year did you graduate?
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A. 1980.
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Q. With a degree in?

A. Education.
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A. Okay.
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Q. And if I ask you a question and you
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Q. Did you get a master's?

A. I went to graduate school at San Jose
State University in San Jose, California, for
athletic administration.
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Q. A little different from Iowa, don't

you think?
Q. And that will happen the longer the

day goes.
answer it, I'm going to presume you understood it.

Fair enough?
A. Fair enough.
Q. Did you teach high school in Storm
Lake and Dennison
A. No.
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Q. College?
A. Did I I'm sorry?
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assistant athletic director. I was hired out of my
Q. In the sports realm, did you teach
internship as the assistant athletic director there.
A. No, I did not coach. I was an
high school or college in Storm Lake and Dennison?
A. I taught at the elementary level. I

coached at the high school level.
were you terminated?

A. I decided to take another opportunity
Q. And then after those years, six, I

think then you went to San Jose State?
within college athletics.
A. Yes.
Q. And then did you quit that job or
Q. And where did go from there?
Q. And while you were going to school

there, did you also work?
A. I was an intern in the athletic
department there, yes.
A. I went to Idaho State University in
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Pocatello, Idaho.
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another opportunity, does that mean you quit San
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Q. So when you said you decided to take
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Jose State?
A. I accepted another job offer to be an
A. No, not that I remember anyway. If

it was, it wasn't very much.
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associate athletic director at Idaho State
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University.
Q. AH right. Because it's expensive to

live out there?
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Q. Did they pay you for that?
A. Hence, why I relocated.
Q. I understand that, but did you ~
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Q. Uh-huh. So how long did you say out

in San Jose?
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A. Five to six years, about 1985 to
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A. I would have resigned from San Jose

State.
Q. Resigned. All right. You weren't
asked to leave or anything, were you?
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A. No.
1990, somewhere in there.
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Q. And when you accepted a job at Idaho
Q. And I imagine you coached there.

What did you coach?
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State University what position was it?

A. Associate athletic director with
LAMPKE COURT REPORTING, INC. 859 261-5544

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responsibilities over the external operations area
external operations, but also was able to take on
there and also compliance.

Q. What division were they in?
development responsibilities as well in that
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department.
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A. At the time, they would have been
Q. Does development mean recruiting?
classified as 1AA. Now, it's known as the PCS,
A. No, it means fundraising.
Q. Okay. Is that a Catholic
Football Championship Subdivision.

MS. JACOBS: You're talking pretty
light and she's going to get mad at you.
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THE WITNESS: Speak up?

MS. JACOBS; Yeah.
BY MR. MURPHY:
Q. And what years did you spend at Idaho
institution?
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Q. Yeah.
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A. Jesuit.
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A. It is.
Q. Yeah. And how long did you stay

there?
A. I was there for about five or five
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State University?
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A. Prom 1990 to, I believe it was the

spring of 1995.
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years, until January of 2002.

Q. Did you resign or were you
terminated?
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Q. And then where did you go from there?
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A. St. Louis University.
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A. I resigned.
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Q. For what reason?

A. Better opportunity at the University
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Q. Did you resign at Idaho State

University or
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A. I resigned, yes.
Q. You resigned. Okay. What reason?
A. Better opportunity at St. Louis
University.
of Wisconsin-Green Bay.
Q. Okay.
A. Career advancement.
Q. And what position did you come in in
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Q. What position did you accept there?

A. Associate athletic director for
the year 2002 at University of Wisconsin-Green Bay?

A. Director of athletics.
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Q. And you were there until'13 or'14?
A. 2013, fall of'13.
Q. You said you were there until the
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Q. He doesn't coach there anymore, does

he?
A. No, he became the head coach at
A. Late August, I think.
Bradley University.
Q. That's right. Now, from what I read,
Q. Late August. Okay.
he received multiple complaints of mistreatment by
A. 1 think my three-year anniversary
several basketball players; is that right?
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fall of 2013?
yeah, August, late August.

Q. And why did you leave the University
of Wisconsin-Green Bay?
A. To come to Northern Kentucky
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University to be the director of athletics.
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Q. Was it more pay at NKU or more pay at

University of Wisconsin?
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A. If I recall, it was two, I believe.
Q. And some of it was sexual in nature?
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if he would have sex with a girl; do you recall
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that?
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A. NKU.
Q. Were you asked to leave the
University of Wisconsin?
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A. No.
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Q. There was some problems there with
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their coach right around the time you were leaving,

correct?
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right word, but
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A. No, I don't recall any sexual in

nature.
Q. Telling a boy that he'd play better
A. I don't know that problems is the

Q. Did you hire Coach Wardle?
A. I did.
A. 1 do remember that comment in the

report now, yes.
Q. Were you his immediate supervisor?
A. I was.
Q. Did you attend practices with him on
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occasion?
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him?
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A. Uh-huh. Yes.
Q. Did you have weekly meetings with
A. Yes, weekly or biweekly. I think in
the off season we'd go biweekly.

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(WHEREUPON, Plaintiffs Exhibit No.
1 was marked for identification.)

MR. MURPHY: I don't know if I've got
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enough copies. Let me see.

MS. JACOBS: I'm going to just put an
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objection on the record to the line of questions. I
can't imagine what this has to do with Jane Doe's
complaints about the university in Northern
Kentucky.
Q. And from what I understand, the end

of this was that, among other things, the coach
needed to be monitored for the following year; do
you remember that?
A. Yes.
Q. If you would, turn to Page 33. Can
you let him see the document?
A. I'm looking.
Q. Number 4, "Use of certain types of
vulgar and obscene language, particularly language
Exhibit 1, a document entitled Investigation of
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University of Wisconsin-Green Bay Men's Basketball
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humorous or not, should be regarded as, per se,
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Complaints, May 14th, 2013. Have you seen this
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unreasonable. Unfortunately, the facts are unclear
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before?
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about the extent of Coach Wardel's use of
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BY MR. MURPHY:
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Q. I've showed you what we've marked as
which is homophobic, demeaning to women or refers to

the sex life of a player, whether intended as
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A. Yes.
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inappropriate language. For the future, there
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Q. As part of the investigation that was
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should be a bright-line rule which clearly explains
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that coaches are prohibited from using inappropriate
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A. Yes.
Q. That was part of the complaints that
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done of Coach Wardle, were you interviewed by Joseph
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Nicks, who was hired to do the investigation?

A. 1 was.
Q. Did the chancellor, a man named
Harden, did he also question you about what took
place with the coach and these basketball players?
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A. Yes. We had a conversation about it.

1 don't know that I would say it was a questioning.
language." Do you see that?
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the students made, correct?

A. Yes.
Q. As a result of the investigation, did
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you believe that Coach Wardle should be terminated?
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A. No, I did not.

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resignation at the University of Wisconsin-Green

Bay, did you stay on board for a while?
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announcement there was an announcement that you

came on board to Northern Kentucky University, and
replacement?
A. Replacement?
the date of it is June 26th, 2013. Does that
Q. For you?
refresh your recollection as to when you came?
A. No.
Q. In 2015, were you made aware of any
Q. What I've shown you in No. 2 is your
A. The announcement was in June, yeah.
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August.
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announcement on June 26th, 2013, also was the same
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A. I did.
Q. Yes. Did you help them find a
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allegations of rape on the part of NKU basketball
instruct him not to answer that based on the FERPA
day the announcement was made that you were leaving
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statute that protects the privacy rights of
the school in Green Bay, correct?
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students. I think any answer he would give would be
I didn't start ray position here until later in

Q. I see. All right. And the
A. I don't know that for sure. 1 don't

remember what day it was.
Q. All right. When were you first
contacted by NKU about the position; do you recall?
A. I wasn't contacted by NKU, they
utilized a search firm.
Q. And do you remember when you first
were contacted by the search firm?
players?
MS. JACOBS: I'm going to object and
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potentially giving personally identifiable
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information about students, and instruct him not to
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answer that.
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A. I don't recall, no.
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Q. Now, when you announced your
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MR. MURPHY: I'm not asking for

names. Would you repeat the question?
(WHEREUPON, the record was read by
the Court Reporter.)
MS. JACOBS: I'm instructing him not
to answer.
MR. MURPHY: I don't think you have a

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right to do that. It's not a privilege. There's no
privilege here and I wasn't asking for any names.
MS. JACOBS: I know you're not asking
A. Through the Office of Student

Conduct.
Q. What person at the Office of Student
for names, but the fact that there's you're
asking about a particular team which has a limited
A. Ann James.
number of people on it, it could lead to
Q. And what did Ann James tell you?
identifiable information about students which are
protected by FERPA rights.
tell you not to answer that based on FERPA privacy
rights of the students.
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MR. MURPHY: All right. We're going
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to have to disagree on that one. I don't think you

have the right to do this.
BY MR. MURPHY:
Q. Were you made aware in 2015 of a rape
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on campus by any member of an athletic team at NKU?

A. Can you repeat the question?
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MS. JACOBS: I'm going to object and
Q. Without mentioning any particular

students' names overall, what did Ann James tell
you?
MS. JACOBS: I'm going to object
again and instruct him not to answer.
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MR. MURPHY: You can't do that.
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MS. JACOBS: I'm doing it.
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A. I don't know that rape was used in
Conduct?
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the allegation. 1 was made aware of a university
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investigation into misconduct on behalf of some of
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our student athletes.

Q. And what what month was that in
2015?
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MR. MURPHY: Youjust can't. I'm not

asking for the names.
MS. JACOBS: The names are not the
only thing that's protected.
MR. MURPHY: What are you saying is
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protected?
MS. JACOBS: I'm saying that anything
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A. 1 believe February.
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that is in an educational record of a student that
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Q. How were you first made aware of it?
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contains personally identifiable information.
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MR. MURPHY: I'm not asking about the

records.
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for him to tell you about things that come from

records.
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MS. JACOBS: What you're asking is
MR. MURPHY: Well, Ann James could
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Q. Of the athletes - contact
information of the athletes?

A. Contact information of those who were
identified, yes.
say there was a rape in Callahan Hall by several
members of an athletic team. Now, you already
allowed him to answer that, perhaps that's what she
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A. It was to notify us of a situation

and for us to provide contact information.
Q. Did you interview the players

themselves?
A. I wouldn't say interview. I had a
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MS. JACOBS: I've made my objection.

MR. MURPHY: You can move to you
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can move to seal it, but you can't interfere with me
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to cooperate with the process from that point
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like this because you don't know what his answer is
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going to be.
MS. JACOBS: I'm instructing him not
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forward.
Q. Mr. Bothof, were outside police
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forces, Highland Heights, Newport, Campbell County
to answer.
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Sheriff, were they involved, any outside force
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besides the NKU Police?
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said, and that's not protected.
MR. MURPHY: All right. Well, I'm
meeting with the players and Coach Bezold at that

time to let them know that they would be contacted
by the Student Office of Conduct and that they were
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going to move for sanctions.
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A. In what in what way?
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BY MR. MURPHY:
Q. Investigating this incident.
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on what she wanted you to do?
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Q. Did Ann James give you instructions

A. No.
Q. Besides making you aware of it, was
there any other reason why she contacted you?
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A. Not that I'm aware, no.

Q. Was the NKU Police involved in
investigating it?
A. I don't recall.
Q. Do you have any recollection of being

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A. I don't ~ I don't recall if she
in any meetings or being requested by, for instance,
Chief Les Kachurek or any member of the campus
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police about this incident?
you about these guys; what did she communicate?

A. That there was a student conduct
that, no.
Q. Do you know if Coach Bezold was
issue on our campus that involved some students on
interviewed or questioned by NKU Police or any other
campus that were student athletes.
police agencies about this incident?
A. Not that I'm aware.
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A. 1 don't have any recollection of
communicated that to me or not.

Q. Well, she communicated something to
Q. And did that pique your curiosity as
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to what a student conduct issue meant?

A. Well, we certainly discovered later
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and asked later what was involved, certainly.
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placed on suspension?
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information to at what point or at what I
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don't
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A. Not long because our associate

athletic director was asked to when we have an
Q. Were the players who were involved
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A. I don't know that 1 have enough
Q. And how much later was it that you

asked from the original phone conversation?
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Q. When you received word for the first
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time from Ann James that certain athletes were
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incident like this, our associate athletic director
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identified for this certain sexual incident, were
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is involved in making sure that our student athletes
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those players, after you were notified, placed on

suspension?
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follow through on what their responsibilities are
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through the university conduct code. So she was
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provided information which was then relayed to me as
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to
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conduct issue, at that time, on the day that it

happened, no, they were not suspended.
Q, Now, when Ann James contacted you,
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isn't it true that she told you that the student
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conduct at issue was sexual in nature?
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A. When we were notified of a student
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Q. Who was the assistant athletic

director?
A. Associate athletic director
Q. Sorry.
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A. and the senior women administrator

is Leslie Fields.
Q. So this first phone call from Ann
James came around February. Would the follow-up
A. I don't know.
Q. Is it supposed to be reported to the
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NKU Police?
A. Once a person had knowledge of it,
yes.
Q. Once you had knowledge of it
am I right, that the student conduct at issue was
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sexual in nature?
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through the proper channels that there that there
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was an occurrence, if you're the one that first
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A. Yeah, most likely, yes.
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Q. And it related to multiple boys, not
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procedures.
Q. Was this reported to the NKU Police?
A. Oh, it might have been that day; it
right. And so it would have been the same day then,
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cooperate with the Student Code of Conduct
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where you, as you indicated, asked later, would that

have been within a week?
might have been the next day.
Q. It might have been the same day. All
A. Our communication to them was to
just one, correct?

A. Yes.
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becomes aware of it.

Q. So am I correct, then, from putting
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two and two together, that you didn't contact the

NKU Police?
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Q. And it related to just one woman

victim, correct?
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A. It was related to one woman, yes.
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Q. Were the boys assigned a lawyer?
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A. Not that I recall.
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Q. Did you, or anybody else in the
A. It's supposed to be communicated
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A. No.
Q. All right. Did Bezold contact the

NKU Police?
A. I would imagine not but
Q. Did James contact the NKU Police?
A. Who?
staying away from her or being relegated to their
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housing quarters or anything like that?
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A. I don't know.
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coaching staff, give them any parameters about
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Q. Ann James.

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Q. Did you talk to the boys involved

about this incident as the athletic director?
Q. Did you and Mr. Meams exchange
e-mails about this incident?

A. I don't believe so.
A. Didn't I answer
Q. If you did, I forgot.
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A. that question already? We had an
Q. And what did you talk to Meams about
initial meeting with them to tell them to go to the
relating to this incident?

MS. JACOBS: I'm going to object to
the extent that it would invade the students'
Student Conduct Office.

Q. That's right. And who was in that
meeting besides yourself and the boys?
privacy rights under FERPA.

You can answer with respect to the
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A. Coach Bezold.
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process but not to anything with respect to any of
Q. Anybody else, sir?
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the students involved.
A. No, not that I recall.
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Q. Was there an attempt made to keep
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call the president to let him know that there is a
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student athlete who is undergoing a student conduct

issue.
this quiet?
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A. By whom?
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Q. You, Bezold, the Athletic Department,
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the university?
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A. Not by me, no.

Q. Did you receive any instructions from
anyone else to not talk about this and to keep this
quiet?
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A. Not that I recall, no.
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Q. Did you have any conversations with
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Meams about this?

A. Certainly.
A. When we have a conduct issue, I do
Q. When you met with the students, did

you ask them if they violated the woman?
MS. JACOBS: Object. Instruct him
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not to answer to the extent that it violates those
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students' privacy rights under FERPA.

Q. You can answer.
MS. JACOBS: No. I've instructed him
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not to answer.
MR. MURPHY: Well, you're not being
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consistent. I'm not asking about who they are. We
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know that he met with several students, we know
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those students are plural, and he told them to

cooperate with the Student Code of Conduct
procedure, according to my notes. So my next
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question is: Did he ask them if they, in fact,
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violated the woman?
MS. JACOBS: And I've instructed him
does that work?

MS. JACOBS: Under the FERPA rights
these students have a right to privacy, and if you
want to go through the process like we're doing with
other students involved, we'll notify them, they
have the right to object, and then we'll go through
that process. That's what the court has instructed
not to answer that question pursuant to the FERPA
us to do, instructed you to do that. We're not
guidelines.
going to allow him to answer questions that violate
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MR. MURPHY: What guidelines are

those?
MS. JACOBS: The guidelines that you
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can't ask about the institution may not disclose

privacy rights, individually identifiable
information about students. I'm instructing him not
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to answer that question.
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MR. MURPHY: One of the things that
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the FERPA right.

MR MURPHY: Okay. And did you go
through the process before you notified the public
that Todd Johnson had that DUI that you disciplined
him?
MS. JACOBS: That has nothing to do
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with this case whatsoever.

MR. MURPHY: It has to do with the
inconsistent position that you're taking.
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the university did that I've got here on my list to
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ask Mr. Bothof was they decided to go public with
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one of their basketball players when he had a DUI,

and they went public with what his discipline was.
So how do you take this position but at the same
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time, when the university feels that it benefits
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to do with this case.

MS. JACOBS: A DUI is a criminal
them, can go public, look at us, we're great, we

disciplined him because he drove while drunk? How
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adjudication. It's a public record. It has nothing

to do with FERPA rights. It has nothing to do with
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MS. JACOBS: It has nothing to do

with this case whatsoever.
MR. MURPHY: Okay. It has everything

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Jane Doe's case.
BY MR. MURPHY:
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the victim, did she appear at the hearings?
A. I don't I don't know.

Q. Did you ever meet with her?
players that were involved with this Student Code of
A. No.
Conduct issue suspended?
Q. At any time in 2015 were any of these
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MS. JACOBS: Objection. Instruct him

not to answer for the reasons stated previously.
Q. In your career around the country as
an assistant A.D. and as an A.D., have you ever
suspended players for conduct?
athletic director, to gather as much information as
you could to determine whether these boys did force
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themselves on a woman against her will?

MS. JACOBS: Object to the form.
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A. Yes.
Q. What was some of the conduct I'm
Q. Was it important to you, as the
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Q. You can answer.

MS. JACOBS: You can answer.
12
A. I'm sorry, would you ask it again?
13
not asking you to remember every one, of course. I
13
14
know that kids show up late and sometimes they mouth
14
15
off, 1 have some of them myself. But what are some
15

A. 1 didn't see it as my responsibility
16
of the things that you would suspend a player for
16
to gather information. I'm not responsible for the
17
and you have suspended in your career?
17
investigative part of it.
18
A. Criminal law violation, academic

issues, repeated nonresponses to things that need to
be completed, conduct issues.
18
Q. Okay. But you were responsible to
19
make the determination as to whether they would stay
20
21
22
on the court or not, correct?
19
20
21
22
23
24
25
Q. Now, do you know, sir, if these

students went through the administrative procedures;
did they go through hearings?
23
24
A. Yes.
Q. Do you know if the woman involved.
25
A. Yes.
Q. And your decision then was that
during the pendency of these administrative
hearings, they should continue to be allowed to
play, correct?
32
31
not to answer for the reasons stated previously.
3
4
question violates FERPA?
MR. MURPHY: And somehow that
1
2
3
4
boys; were you ever made aware of that?

A. Not that she was threatened, no.
Q. Did you learn anything else about any
MS. JACOBS: Well, I'm trying to let

you, you know, get some, you know, go ~ things that
approach made to her?

A. 1 knew that there was a student who
was having conversations with her.
are appropriate. If you want me to object to every
question, I will. Yeah, that question goes to

FERPA.
9
10
11
BY MR. MURPHY:
Q. Are you aware of any discussion or
Q. About what?
A. 1 wasn't involved in the conversation
9
10
so I don't Q. Okay. Who made you aware that there
11
was a student having conversations with her?
12
information that came to you that the victim
12
13
involved here was threatened if she came forward?
14
15
13
14
conduct process.
Q. And was it conveyed to you in a
we talking here?
15
manner that led you to believe that this person who
16
was having conversations with the victim was trying
17
to intimidate her in any way?
16
17
18
19
A. Are we talking the which case are

Q. Yeah, the 2015 one. We'll get to the
2016 one.
A. No. I meant between Jane Doe or
18
Q. No, this one. Yeah, the basketball
19
A. I think it came through the student
A. No.
Q. Was that student trying to ask her
20
21
22
not to come forward?
23
24
there was a student having conversations with her.
players was at any time threatened that she better

not come forward and press charges against these
25
20
21
22
players.
23
to whether the victim in 2015 of the athletic
24
25
A. Okay. Could you ask it again?

Q. Yeah. Were you made aware at all as

Q. Okay. So you were made aware that
What was the conversations about?
LAMPK.E COURT REPORTING, INC. 859 261-5544

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34
33
1
2
not to the answer under the FERPA policies.
Q. Were you given the information by
3
4
that person having a conversation with you as to who
that student was that was approaching the woman?

A. I believe the
6
7
8
9
MS. JACOBS; If you know, but don't

say the student's name if you do know.
A. We were contacted to provide
information, or a phone number, for the person that
3
4
wrote. You said you knew that a student was having

conversations with the victim?
A. That's why they ~
Q. Student Conduct contacted you to tell
you that. My question to you was, that student
that's approaching the victim that Student Conduct
told you about, the student making the approach to
the victim was an athlete?
A. Yes.
Q. And isn't it true, sir, that Student
10
they asked us to provide information to. When we
10
11
asked why, we were told they wanted to follow up on.
11
12
Conduct was trying to locate that athlete because,
13
that victim into not coming forward; isn't that
14
correct?
12
13
14
15
16
Q. Okay. So the student that was

approaching the victim was another athlete, correct?
A. The person that they asked us for
15
information about was an athlete, yes.
on behalf of the others, he was trying to intimidate
Q. Right. And that athlete was the one
16
17
that was approaching the victim, correct, and having
17
Administration ever tell you that it would be a good
18
conversations?
18
idea if one or more of these players would be
19
A. We were asked to provide information

on a student athlete because they needed to contact
him. When we asked why, it was so they could reach
19
suspended pending the investigation?

A. Would you ask it again?
Q. Yes, sir. Did anyone from the Office
20
21
22
23
24
25
out to him for their student conduct issue that they

were dealing with.
Q. Okay. I just want to make sure we're
on the same page. I'm going to tell you what I
Q. Did anyone from Student Conduct or
20
21
22
of Student Conduct or anyone in the administration
23
ever state to you that it would be a good idea to
24
suspend one or more of these players during the
25
pendency of the investigation?

36
35
1
2
3
4
A. I don't recall that, no.

Q. Was it ever contemplated or discussed
between you and your coaching staff?
A. It certainly was contemplated by me,
but we went to our policies from a student conduct
policy standpoint to help us with that decision.
Q. And what aspect of the policies led
1
2
3
4
not sure.
Q. Do you know who first notified anyone
on campus of this incident? In other words, was it
the victim, was it the victim's friend? Do you know

who first reported this incident?
MS. JACOBS: You can answer whether
you to believe that you should keep them on the
court?
9
A. Well, there had been no charge made
There may have been a couple other names, but I'm
10
A. President Meams, Sarah Sidebottom,

Ann James, myself, Katie Herschede, Leslie Fields.
10
11
you know, but do not say a name if you do know.

MR. MURPHY: Well, he can say a name
11
12
against any of the student athletes.
13
there was an administrative hearing?
14
A. Not that I'm aware of, no.
14
15
Q. Were you asked at all to attend any
15
was an RA.
Q. During this time frame, was NKU's
16
application for Division 1 still pending?
16
17
18
19
Q. Wouldn't there have to be a charge if
administrative hearings?
A. No.
Q. Were you called into meetings with
Administration about this situation?
20
A. Yes.
21
Q. When did that take place?
22
23
24
25
A. I would say at least within a day of

when we were notified. I don't recall if it was the
same day or the following day.
Q. Who was in the meeting?
12
13
17
18
if it was a faculty member.

A. I'm trying to think. As I recall, it
A. Yes.
Q. Was there any concern expressed in
19
any meetings about the impact that this could have
20
21
22
on the Division 1 application if it became public?
23
24
25
bringing into the picture an outside police force,
A. Not that I recall, no.

Q. Was there any discussion about
like the Newport Police or Campbell County, to get
them involved to investigate whether this was a

458bcada-2f4f-405e-825b-8d23a53a89ac

10
( P a g787
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38
37
1
3
rape?
A. Not in any meeting I was a part of,

no.
BY MR. MURPHY:
Q. Okay. Do you know what dorm it was
in?
Q. Do you know who the RA was?
A. I do not.
Q. Do you know what dorm it was in?
6
7
MS. JACOBS: You can answer yes or

no.
not to answer.
A. 1 don't, no.
Q. At this particular juncture, first

couple of days when this comes out, as the athletic
director, is it important for you and to you to try
MR. MURPHY: Why? Because the dorm
10
might have been named after an ex-student? I mean,
10
to do everything you can to determine the truth and
11
what does the dorm have to do with FERPA?

MS. JACOBS: Because it could lead to
11
whether it happened?
12
13
the disclosure of personally identifiable
students and student athletes under our care go
14
information about the student.
13
14
15
16
that information.
Q. Do you know who was looking out after
17
the potential victim?
15
16
MR. MURPHY: That's ridiculous.

BY MR. MURPHY:
17
18
Q. Yes or no, do you know what dorm it
20
21
22
23
MS. JACOBS: He said no.
19
MR. MURPHY: I didn't hear him.
20
21
22
sorry.
A. I said no, I didn't know what the
RA's name was. I didn't say yes or no to the dorm.
24
A. It's important to me that our

through the proper process to develop and find out
18
was in?
19
12
23
A. In what way?
Q. Well, you said, you know, you're
concerned about the athletes and making sure that
they go through a proper process. What I'm asking
you is who's responsible for trying to help out the
young lady who may have been raped?
MS. JACOBS: Object to form. You can
24
MS. JACOBS; I'm sorry.
25
25
answer.
40
39
alleged incident, reportable to the NCAA per their
University Conduct and the hearing process that the
1
2
3
4
people on campus would

Q. Was the team told not to talk about
3
4
this?
going on, the basketball season is still going on,
correct?
A. When we were contacted about the
A. It would be done through the
6
7
A. I do not recall having a meeting, me

with the team, to communicate that.
8
9
10
11
12
Q. Do you know if anybody else told the

team not to talk about this?
A. I don't know for sure.
Q. Did Mearns meet with you and Coach
Bezold about this?
13
14
15
16
17
18
19
8
9
10
11
12
A. No, I don't believe so.

Q. So in February of 2015, while this is
incident, yes.
Q. Season ends in March, right?
A. Yes, early March.
Q. What is your e-mail address at NKU?
A. Bothof, bothofkI@NKU.EDU.
13
Q. Has anyone notified you not to delete
Q. Did he meet you face to face about
14
15
any of your e-mails?

A. Has anyone notified me not to delete
16
any of my e-mails? Yes.
this?
A. He and I would have had discussions
about this, sure.
Q. What would you have discussed?
A. Policy, student conduct policies.
17
A. I think it's been standard where I've
19
been that you don't delete e-mails that may have any
relevance related to something on campus.
MS. JACOBS: Can we take a short
Athletic Department policies.

concerned that this could, if publicized, affect
20
21
22
23
24
Division I application on the part of NKU?

A. No.
23
24
Q. Was there any discussion about being
Q. Is this something, this incident, or
Q. And when did that take place?
18
20
21
22
25
rules?
break?
MR. MURPHY: Sure. Absolutely.
(A brief recess was taken.)
25

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( P a g788
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11
42
41
BY MR. MURPHY:
2
3
Q. Did any of these players admit having

sex with the woman in 2015?
4
5

Q. Did Coach Bezold want to suspend
them?
Q. Did you have a person named Kurt
Q. And why
A. With the president's approval.
Q. With the president's approval. Okay.

And why did you decide to fire Coach
4
5
not to answer pursuant to the FERPA rights.
6
7
Bezold?
A. Well, there were several factors. I
did a two-year evaluation of Dave and the status of

his program, and just didn't feel at the end of
those two years that he was the right person to lead
us - our men's basketball program.
8
9
10
Moeller on your staff?
10
11
12
A. Yes.
11
Q. And what did he do?
12
agreement or confidentiality agreement with the
13
A. Kurt was our senior associate A.D.
13
university; do you know?
14
for external operations, I believe was his title.
14
15
Q. Did he quit or was he fired?
15
A. Not that I'm aware.

Q. Do you know, sir, if these players
16
A. He was given an option for a
16
that we've been talking about in this 2015 incident,

do you know if they were disciplined in any way?
Q. Does he have any type of severance
17
different position within our Athletic Department
17
18
and chose to step away.
18
19
Q. Was the different position a

demotion?
19
not to answer pursuant to the privacy protections of
A. He would no longer have oversight

over all of those areas, yes.
20
21
22
FERPA.
Q. Did Kathy Stewart know about this
Q. Were you the person that let Dave

Bezold go?
23
24
incident in 2015?
Q. Was there an assistant coach in 2015
25
named John Brannen?
20
21
22
23
24
25
A. Yes.
MS. JACOBS: Object and instruct him
44
43
A. John Brannen?
1
2
online?
him about it the day before, when it came out
Q. Brannen, yeah.
3
4
A. I'm thinking timing. I had a

conversation with him that this that the article
A. No.
Q. Did he work at NKU, John Brannen?
A. No, not during that time, no.
Q. Does he work there now?
came up, yeah.

Q. Okay. And what did you two talk
A. Yes.
Q. He came from Alabama?
about?
A. Well, my discussion with him was that
A. He did.
I thought it was extremely unfair that from our
10
11
12
Q. Did you hire Brannen or did the new

coach hire him? Well, I guess it's got to come
through you, right?
13
A. I hired John.
14
15
16
MR. MURPHY: I have one for you,
17
Counsel.
18
19
BY MR. MURPHY:
Q. Sir, I'm sure you saw the newspaper
10
11
12
understanding of the three - the players who were
13
14
inference to four men's basketball players

assaulting a young woman.
15
involved in the incident were identified and just

the appearance that the headline and the the
Q. So was that Meams' opinion or yours?
16
A. I don't recall that he offered an
17
18
opinion.
Q. And why was he calling did he call
19
you or did you call him?
20
21
A. I did.
21
A. I called him.
Q. And what was the purpose of the call?
22
22
A. To - we had had some players who had
23
discussed going to the media, so I wanted to make
24
him aware of that, because they felt that the facts
25
were not accurate, and to let him know that we were
20
23
24
25
article in the paper yesterday in the Enquirer?
Meams yesterday about the article?

A. No, not yesterday.

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12
46
45
1
having those conversations about what we could do to

help and support and could not do to help and
1
2
question the four boys that are on this report?
2
3
support the those students, student athletes.
Q. Do you know if the basketball
A. No.
Q. Now, when this incident took place
coach who would have been the coach at this time,
back in March of 2016, were you made aware of it,
March of 2016?
you know, either the night of the incident or the
next day?
A. John Brannen.
Q. Now, one of these students played in
Alabama for John Brannen, correct, one of these
four?
A. I don't recall the exact timing of
it, but it typically would have been the day after
10
11
12
13
8
9
10
11
the report or the day of the report that was

provided to the Student Conduct Office.
Q. Who made you aware of it?
12
A. It was either Leslie Fields or Ann
13
14
14
15
James.
16
assistant Title IV director. What does Leslie
16
15
Q. Now, I know Ann James is the
17
Fields is she in Student Affairs or Student
17
18
19
Conduct?
18
A. Leslie is our associate athletic
19
20
director and senior women administrator.

Q. Oh, that's right. Okay.
20
21
22
21
22
23
24
25
A. He did not play, no. He was a

student there.
Q. 1 see. Was he red-shirted?
A. I believe so.
Q. Which one was that? Was that
Garrett?
A. Yes, Jeff Garrett.
Q. Did Garrett have a history of trouble
in Alabama, to your knowledge?
A. No.
Q. When an athlete wants to transfer
from one university to another, is there any due
23
diligence done on him about his background?

A. The coaches do their due diligence.
A. Yes.
24
yes.
Q. Did you, yourself, interrogate or
25
Was there an internal investigation

done on campus, to your knowledge?
Q. Do you know if there was any due

48
47
A. Well, John was a coach at Alabama,
1
2
3
4
and so he knew Jeff.

MS. JACOBS: I'm just going to state
3
4
Todd Johnson, he also had a suspension for the DUI,
a general objection to this entire line of
correct? Is that the same Todd Johnson?
questioning. It has nothing whatsoever to do with

Jane Doe's complaints and appears just to be some
type of fishing expedition into the athletics
program. Nothing about Jane Doe's case has anything
diligence done on Garrett before he came?
about this incident?

A. No.
Q. Now, one of the young men listed,
A. Yes.
Q. Is Jared Bryant-Godfrey still on the
basketball team?
10
to do with athletics or student athletes, and this
10
11
12
just seems to be follow-up for another article at
11
A. No.
Q. Did he graduate?
A. I don't remember if he needed one
12
more summer course to graduate or not, but he was
13
14
close.
13
14
some point in the papers.

BY MR. MURPHY:
Q. You'll see that the offenses
described are sexual abuse third degree and assault
15
16
fourth degree. Do you see that on the first page?
16
17
Were you aware of those offense descriptions?
17
15
18
A. I see those, yeah.
18
19
Q. Was this incident reported to the NKU
19
20
21
22
23
24
25
Police?
A. I don't know.
Q. Did the NKU Police interview you
A. No.
Q. Did the Newport Police interview you
20
21
22
23
24
25
Q. Okay. Is he done playing basketball?

A. Yes.
Q. How about Lavone Holland, is he still
on the team?
A. He is.
Q. And am I right that Johnson is no
longer on the team?
A. (Witness shaking head.)
Q. Correct?
A. Correct.
Q. And Jeffrey Garrett, is he still on
the team?

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13
49
1
A. Yes.
Q. Did you discuss any aspect of this
1
2
incident with any of the players?
50
3
4
A. No. We would have had the same
your athletes ever been on sanctions?

A. What do you mean by sanctions?
Q. Some type of discipline as a result
of something that they've done.
discussion as we had with our student athletes if
A. Yes.
it's brought to us as a student conduct issue, to
Q. And when that happens, whose
place them into that process.
8
9
10
11
12
Q. Do you have any knowledge, either

firsthand or by anybody else telling you, that the
responsibility is it to enforce the sanctions?

A. It depends if there are team
sanctions that we've put in place or if it's coming
A. No.
10
11
12
13
Q. By policy, is it true that the NKU
13
Q. Were you, as the athletic director,
14
Police, when something like this happens, is
14
provided with the end results of any inquiry on the
15
supposed to get involved?
woman involved here had as a friend the victim

involved in the 2015 incident?
16
17
out of the student conduct policy and it's something

placed on them by that code, then I think there's a
combination of things that may occur.
15
part of the university in what happened in the
A. I don't know.
16
incident in 2015 with the players?
Q. Has anybody instructed you when it is
17
A. Was I did I have an opportunity to
18
appropriate and when it's not to bring in the NKU
18
19
Police when one of your athletes zigs when he's

supposed to zag, so to speak?
19
Q. Yeah.
20
21
A. Yes.
22
A. 1 don't recall.
Q. Was part of that report sanctions?
MS. JACOBS: Objection. I'm going to
20
21
24
A. We our athletic policy is tied to

the student conduct policy, and so our
responsibility is to communicate that to them as to
what we understand has occurred.
25
Q. Since you've been at NKU, have any of
22
23
23
24
25
look at the report itself, do you mean?
Q. And who was the author of the report?
instruct him not to answer based on the possibility

52
51
1
2
of FERPA rights violations if he does.
THE WITNESS: You mean if the report

that I read included what the ~ if there were or
4
5
A. I don't know. Knowing who usually

does it, I could say, but I don't know for sure.
Q. Who usually does it?
were not sanctions, but if I don't know that, I

should answer?
3
4
5
Q. The police, on the last page, sir, in
MS. JACOBS: I'm instructing you not

to answer it at all.
the last sentence states that she's got internal
bruising and a fractured rib from the assault. She
THE WITNESS: At all. Okay. Thank
8
9
stated she fears seeking criminal charges will have
9
10
you.
BY MR. MURPHY:
11
Q. Were you given a report of any
12
investigation or administrative hearing about the

2016 incident?
13
14
15
A. I don't recall reading a report on

it, no.
16
17
Q. Do you know if there was even an

investigation on the 2016 matter?
18
19
20
21
22
A. I do know that conversations were had

with the student athletes who were identified, yes.
Q. And who had the conversations with
them?
A. Someone from the Office of Student
23
24
Conduct.
25
was?
Q. Any chance you know who that person
10
11
12
A. Ann James.
repercussions due to all four suspects are on the

Northern Kentucky men's basketball team.
13
Was there any concern expressed by

anyone on campus in Administration as to why a
female student at NKU would have fear of having
14
repercussions if she brought this thing forward with
15
criminal charges?
16
17
A. Not that I was a part of, no.

Q. Without telling me names, are any of
18
the players that were suspected or alleged to have
19
committed the act in 2015 the same one or more of
20
21
22
the same players on this 2016 report?

MS. JACOBS: I'll object and instruct
23
24
25
him not to answer based on the FERPA policies.

Q. In your conversations with Meams in
the last 48 hours, was he upset that this report and
the details of it was published in the newspaper?

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( P a g791
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14
54
53
1
2
3
4
certainly awareness of issues on campus and concerns
MS. JACOBS: Just to be clear on the

record, you're pointing to the police report from
on campus, but it's more in programming to help and
the 2016 incident?
support our coaches and our student athletes to
MR. MURPHY: Yeah, right.
better understand and to be a part of the solution
A. Will you ask the question again?
versus to be a part of the solution to the
Q. In the last 48 hours, in your
violence on campus.
conversations with Meams, did he express
Q. So as you sit here today, you have no
displeasure that the details of this police report
firsthand knowledge by way of any conversations with
was published in the media?
the players or the alleged victim as to what
10
11
12
that it was in the media, no.
13
14
15
10
11
12
happened in Newport in March of 2016, correct?
Prevention Center had any conversations with you
13
that's on this police report, you have no firsthand
about allegations made against certain members of
14
knowledge by way of any interviews with the players
the basketball team?
15
or the victim as to what happened that night,
A. Could you ask it again, please?
16
Q. Has anyone from the Norse Violence
17
correct?
A. We've had discussions with the
A. He didn't express displeasure to me

Q. Has anyone from the Norse Violence
16
17
A. I'm sorry. Would you ask it again?

Q. Yes, sir. On the 2016 incident
18
Prevention Center had any conversations with you
18
players about the incident and them being placed in
19
about the occurrences that took place in 2015 and
19
a position where something like this could occur.
20
20
We have those conversations with our student

athletes all the time or several times throughout
22
this occurrence that took place in March of 2016?

A. No.
Q. Have you ever met with anyone from
23
the Norse Violence Prevention Center?
23
24
A. Well, we've had several programs done

through that area to support our understanding and
24
25
21
25
21
22
the year, about placing yourselves in positions that

could provide - or not being in the right position.
Johnson, Garrett, Bryant-Godfrey, and Lavone Holland
56
55
had his DUI he also tried to bribe the police
A. Would have had a conversation with
3
4
Jeff Garrett and with Lavone Holland after the
officer; do you remember that?

A. I was not aware of that until
investigation and everything was completed.
Q. When did that conversation take

place?
4
5
recently.
Q. Okay. And how long was his
suspension for that?

MS. JACOBS: I'm sorry, for what?
A. I don't recall the date.
Q. And was anybody else in the room when
8
9
you had that conversation?
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11
12
13
10
11
A. The other two are no longer a part of
12
A. No.
the basketball program.
14
Q. But were they still on campus?

A. 1 don't recall. 1 don't remember the
15
16
Q. Why those two and not the other two?
date of when the report was completed and
17
Q. But you knew this happened within
team for how long?

A. Five games.
17
Q. We're almost done.
18
19
25
four of them were still taking classes and on
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21
22
campus, right?
23
A. Correct.
Q. Now, you were aware when Todd Johnson
MR. MURPHY: Good question. Sorry.
16
right?
23
24
team?
15
days after it occurred, correct, whatever occurred,
Q. And when you found out about it, all
from the law, suspension of his license, or from the
BY MR. MURPHY:
Q. He was suspended from the basketball
19
A. Correct.
MS. JACOBS: Are you talking legally
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14
18
20
21
22
MR. MURPHY: For the DUI.
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25
Sir, did you ever have any

discussion, phone or in person, about either of
these two incidents we've been discussing, 2015 and
2016, with Chief Les Kachurek of the NKU Campus
Police?
A. No.
Q. Do you recall any particular meeting
or conversation about the 2015 alleged rape incident

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initial discussion about or when we were
A. No.
notified, he may have been.
Q. Am I right, sir, that the ultimate
with any member of the NKU Campus Police?
2
3
4
decision-maker in terms of allowing players to play
or suspending them pending investigation is up to
you?
Q. From the information that you have

from multiple sources, did those boys do it?
A. Yes.
not to answer.
Q. Where is Mr. Chappell now? Where
Q. Now, is there someone in the Athletic
does he work; do you know?
Department I might say this wrong Chappell?
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11
12
A. I know he's in the area and I believe
A. Chappell.
10
Q. Chappell, yes. What's the first name
11
Q. Do you know where he lives?
12
A. I don't.
13
Q. Is there a fellow that works in your
there?
13
A. Kevin.
in pharmaceutical sales but
14
Q. Okay. And what did he do?
14
15
A. He's no longer employed.
15
A. McElvoy?
16
Q. What did he do?
16
Q. Yes.
A. No.
17
A. He was an assistant basketball coach.
17
18
Q. Was he ever involved in any meetings
18
19
20
as related to discussions regarding allegations that

several basketball players raped a young woman in
21
2015?
22
MS. JACOBS: I'm going to object to

the characterization. I don't know that it was ever
23
24
19
20
21
22
characterized as a rape, but you can answer.
23
24
A. He may have been involved in the
25
25
department or in athletics named McElvoy?
Q. Something similar, someone that used

to work with you in Green Bay?
A. Dan Mclver.
Q. Mclver, that's it, right. Does he
still work there?
A. Yes.
Q. What's his position?
A. Senior associate athletic director
60
59
1
for business operations.
MR. MURPHY: On Jane Doe, yeah.

MS. JACOBS: But not on this
Q. And does his wife work at NKU too?
3
4
A. She does.
3
4
Q. Was she the volleyball coach at Green

Bay?
incident?
MR. MURPHY: No,

MS. JACOBS: I'm going to instruct
A. She was.
him not to answer. If I'm wrong on that, we'll
Q. Okay.
produce it.
BY MR. MURPHY:
Q. Do you know of any inquiry as to
8
9
10
11
12
MR. MURPHY: Counsel, I'm going to

take a little bit of a break and check my notes. I
think I'm almost done.
MS. JACOBS: Awesome. Okay.
(A brief recess was taken.)
10
whether the young woman involved in the 2015 sexual
11
incident was intimidated in any way by any of the
12
basketball players or anyone on their behalf?
13
14
BY MR. MURPHY:
Q. In the 2015 incident with the
13
14
15
basketball players, what were the final results of
15
16
17
the administrative hearing?
16
18
19
A. No.
Q. Would that concern you if that did
happen?
17
A. Yes.
Q. Was there a concern among the
not to answer based on the FERPA rights of the
18
Athletic Department and Administration and, in
individuals involved.
19
particular, Meams that the incident in 2015 could
MS. JACOBS: Object. Instruct you
20
have an impact on the application process to become
21
said that that wasn't covered by FERPA and, in fact,
21
part of the Division 1?
22
you've turned over documents with final results of
22
23
24
25
an administrative hearing.
MS. JACOBS: On that one, on this
particular hearing?
23
24
25
20
MR. MURPHY: Okay. Your law partner
A. No.
Q. On campus, in your experience at NKU,
when something like this occurs, wrongdoing or an
allegation of wrongdoing on the part of a student,

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who is the investigation body that investigates the
facts?
2
3
A. I guess I need to know a little bit
more about what the facts were. I'm sure it depends
on what the situation is as to where it goes. I
don't
7
8
9
10
11
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14
15
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the names of the players?

A. Did it contain the names of the
to do the investigation to determine the facts?
5
6
7
8
9
10
A. It would be our Title IV Office and
11
Q. But you knew who they were, correct?

A. Yes.
specific responsibilities of people through that
12
13
14
15
investigative phase.
16
A. Had contacted us, yeah.
17
Q. Right. From the time that you found
Q. Okay. Well, in this particular

situation several athletes are accused of sexual
violence against a woman. Who on campus is supposed
Dean of Students Office to help coordinate.

Q. What about the NKU Police?
A. I don't know anything in terras of the
Q. Did any of the players involved get a
players?
Q. Yes.
A. I don't know, to tell you the truth.
I don't know if they were identified as number one,
number two, number three, or how they were
identified.
Q. And you knew who they were because

the Student Conduct Office told you who they were,
correct?
lawyer or counsel with a lawyer?
18
out about it until the time that you reviewed a
19
20
21
22
23
24
25
report of the finality of it, how much time had
Q. I think you said this before and if
21
you did forgive me, you received a copy of the final
22
results of the administrative hearing, correct?
23
24
25
hearing, yeah.
Q. And in that report, did it contain
A. Of which?
Q. 2015, sorry. Good question. 2015.
A. I remember reading a report from that
elapsed?
A. I know that the season was over, but
I don't I don't recall a specific time frame
other than I know that by the time that we had
received it, that the season was completed.
Q. Were members of the Athletic
64
63
1
Department instructed to stay silent on this and not
talk about it?
A. Not by me.
Q. By anyone?
A. Not that I'm aware of.
7
8
9
10
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12
13
14
15
16
17
18
19
20
21
22
23
24
25

Q. I've shown you what we've marked as
No. 4 from the court file of Todd Johnson. Have you
seen this before?
A. I have not, no.
Q. AH right. He had a private
attorney, in other words, not someone from Legal
Aid, he had an attorney named David Bender. Did the
school pay for his attorney?
A. No. No, I don't believe so.
Q. Here's Exhibit 5. I discussed this
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
suspended before he was convicted; do you see that?

A, Yes.
Q. And ifhe was one of the players
involved in the sexual violence incident in 2015, he
would have been allowed to continue to play
basketball and not be suspended pending the
administrative hearing, correct?
A. Could you ask that again?
MS. JACOBS: I'm going to object
based on the FERPA rights of the students involved
here. Instruct you not to answer.
Q. Well, you can see what I'm getting
at. Here's a boy that has a DUI and he's not yet
convicted and you suspend him from the basketball
team, but you don't suspend anybody who's alleged to
18
have committed sexual violence against a woman; how
19
do you justify that?

A. If you look at our student conduct
with you earlier but I didn't show you the actual
20
exhibit. This came from the Northerner on
21
December 2nd, 2015, showing that Johnson was
22
Q. But as long as you keep it internal
suspended indefinitely following his DUI arrest.
23
24
25
and you don't go outside to police forces, you don't
So in other words, sir, you'll see

that and I want you to confirm it, that he was
policy, it was he was charged with a criminal act.
have to suspend him pending the administrative

hearing, correct?

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MS. JACOBS: Object to form.
A. Once the once the student decided
Q. You can answer.
to formally charge, then they were suspended from
A. Okay. Ask me it again.
3
4
all team activities.

they were suspended?
A. It was after the after the season
Q. You indicated to me that the reason
Q. And was that in the off season when
why he was suspended prior to a trial to see if he
was even guilty of it is because this was an outside
criminal matter.
My question to you is; If that's the
was completed.
Q. And when the season started, those
case, then as long as it stays within the confines
who still remained on the team, and didn't graduate
administrative procedures, no matter what the charge
10
11
is, including attempted rape or attempted sexual
12
Q. Those that came back for the
13
violence, an athlete is not going to be suspended
13
following season didn't miss a game, correct?
14
until after the hearing; is that right?
10
11
12
of the campus administrative policies and
14
or leave, played the first game, correct?

A. I'm sorry?
A. Correct.
Q. So in reality it was a suspension
15
A. That's not true.
15
16
Q. No. Okay. Well, it was true in this
16
that did not affect the players' ability to play in
17
instance, right, nobody was nobody was suspended
17
an in-season game, correct?
18
pending the outcome of the administrative hearing on
18
19
what happened in 2015, correct?

MS. JACOBS: You can answer.
19
what else would be, if there was going to be any
20
21
22
additional for the outcome of the hearing.

Q. Right. Did you attend the
20
21
22
23
A. No, there were suspensions.

Q. On the sexual incident in 2015 there
were suspensions?
24
A. Yeah.
23
24
25
Q. Before the hearing or after?
25
A. Well, we waited to determine how
administrative hearing?
A. No.
Q. Did any of your staff?
A. Not that I'm aware of.
68
67
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2
3
4
5
6
7
8
9
10
11
12
13
14
Q. Did anybody on the administrative

staff testify?
A. No, not that I'm aware of.
MR. MURPHY: Thank you.
MS. KRIZ: I have no questions.
MS. JACOBS: Let me ask you just a
couple of quick questions,
DIRECT EXAMINATION
BY MS. JACOBS:
Q. No, just general. The purpose of

that program is to help nationwide prevent violence
3
4
on campus, so
MS. JACOBS: That's all I have.
5
7
8
9
Q. Just to be clear, am I understanding
10
11
12
an administrative charge comes down from the Student

Conduct Office, then that player is suspended from
athletic events and participation
13
14
KEN BOTHOF
(DEPOSITION CONCLUDED AT 11:28 A.M.)
15
A, Activities,
16
Q. until that hearing is concluded?

MR, MURPHY: Objection, leading,
16
17
18
A, Right,
18
19
Q, And you mentioned you were asked
19
20
21
about the participation of the Norse Violence Center
22
of the solution to violence on campus. Did you mean
20
21
22
23
particular violence on NKU campus or, in general,
23
24
campuses around?
24
25
25
MR. MURPHY: I think I'm done.
that it's the Athletic Department's policy that if
15
17
1
2
and participating in programs, 1 think you said part

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CERTIFICATE
COMMONWEALTH OF KENTUCKY:
COUNTY OF KENTON
:
I, Kelly A. Steidle, the undersigned, a
duly qualified notary public within and for the
Commonwealth of Kentucky, do hereby certify that KEN
BOTHOF was by me first duly sworn to depose the
truth, the whole truth, and nothing but the truth;
that the foregoing is the deposition given at said
time and place by said witness; that said deposition
was taken pursuant to stipulations hereinbefore set
forth; that said deposition was taken by me in
stenotypy and transcribed by means of computer under
my supervision; that the transcribed deposition was
submitted to the witness for examination and
signature and that signature may be affixed out of
the presence of the Court Reporter; that 1 am
18
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25
neither a relative of any of the parties or any of

their counsel and have no interest in the result of
this action.
IN WITNESS WHEREOF, I have hereunto set my
hand and official seal of office at Covington,
Kentucky, this 29th day of August, 2016,
Kelly A. Steidle - Notary Public
My commission expires: September 28, 2016

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A
A.D 29:9,9 41:13
A.M 1:19 68:13
ability 66:16
able 10:1
Absolutely
40:23
abuse47:15
academic 29:18
accept 9:24
accepted 8:14,23
accurate 44:25
accused 61:8
act 52:19 64:21
action 69:20
activities 66:3
67:15
actual 63:20
additional 66:20
address 5:10
40:11
adjudication
28:24
administration
5:23 34:17,22
35:19 52:12
60:18
administrative
29:22 30:23
35:13,16 51:12
59:16,23 61:22
64:7,24 65:10
65:11,18 66:22
67:1,12
administrator
23:1 45:20
admit 41:2
advancement
10:22
Affairs 45:17
affect 39:22
66:16
affixed 69:16
age 5:2
agencies 21:8
agreement 1:15
42:12,12
Aid 63:14
al 1:8
Alabama 43:8
46:8,18 47:2
Alexandria 5:11
allegation 17:19
60:25
allegations
16:1053:14
57:19
alleged 40:1
52:18 54:9
56:25 64:17
allow 28:9
allowed 19:9
30:24 64:5
allowing 57:4
Ann 18:5,6,11
19:6,21 21:16
21:23 23:3
24:24 36:2
45:13,15 52:4
anniversary
11:7
announced
15:25
announcement
15:5,5,9,13,14
answer 6:20
16:13,15,18,24
18:8,14 19:9
19:14,17 25:3
26:9,19,21,23
27:8,16 28:9
29:7 30:10,11
31:2 33:1 36:9
37:8 38:4,25
41:5 42:19
50:25 51:5,7
52:22 57:24
58:6 59:18
60:6 64:13
65:2,20
anybody 23:22
25:11 39:8
49:9,17 55:8
64:17 67:1
anymore 12:1
anyway 7:15
appear 30:1
appearance
44:12
APPEARANC...
2:1
appears 47:7
application
36:16,20 39:23
60:20
approach 32:4
34:7
approaching
33:4,13,17
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appropriate
31:7 49:18
approval 42:2,3
area 9:1 53:25
58:9
areas 41:22
arrest 63:23
article 43:20,23
44:4 47:11
asked 8:21 11:16
22:11,13,15
23:5 33:10,11
33:14,19,21
35:15 67:19
asking 16:19
17:2,3,5 18:18
19:1,3 26:25
29:13 38:21
aspect 35:7 49:2
assault 47:15
52:7
assaulting 44:14
assigned 23:20
assistant 8:2,3
22:22 29:9
42:24 45:16
57:17
associate 8:15
8:25 9:25
22:14,16,24
41:13 45:19
58:25
athlete 26:14
33:13,15,16,20
34:8,11 46:20
65:13
athletes 17:21
20:3,4 21:16
22:7,17 35:11
38:13,20 45:3
47:10 49:5,19
50:1 51:19
54:3,21 61:8
athletic 5:23
7:12 8:2,3,15
8:25 9:25
17:14 19:8
22:15,16,22,24
25:2,16 30:6
31:23 38:8
39:2041:17
45:19 49:21
50:13 57:8
58:25 60:18
62:25 67:11,14
athletics 8:7
10:25 11:12
47:8,10 58:14
attempt 25:13
attempted 65:12
65:12
attend 12:19
35:15 66:21
attorney 63:13
63:14,15
August 1:20
11:5,6,8,8
15:11 69:23
author 50:21
aware 16:9
17:13,19,25
19:24 20:21
21:9 24:14
31:11,22 32:1
32:10,21,22
34:15 35:14
42:14,23 44:24
45:5,12 47:17
55:25 56:3
63:5 66:25
67:3
awareness 54:1
Awesome 59:11
B
B 4:5
back45:5 66:12
background
46:22
BARBARA 2:12
Barker 2:9
based 16:13 18:8
50:25 52:22
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basketball 12:7
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27:20 31:19
40:5 42:10
44:13 46:3
48:8,14 52:10
53:15 55:13
56:14 57:17,20
59:15 60:12
64:6,16
Bay 10:20,24
11:10 13:13
15:15 16:2
58:19 59:5
behalf 2:2,7,11
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60:12
believe 9:14 12:8
14:25 17:24
26:3 32:15
33:5 35:8 40:3
41:1446:13
58:9 63:16
Bender 63:14
benefits 27:23
better 9:22
10:19 12:12
31:24 54:4
Bezold 20:10
21:6 24:19
25:10,16 39:12
41:6,24 42:5
bit 59:9 61:3
biweekly 12:24
12:25
board 15:6 16:2

2
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body 61:1
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5:1,11 20:15
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68:10 69:7
bothofkl@N...
40:12
Box 2:6,13
boy 12:12 64:15
boys 23:14,20
25:1,9 30:7
32:1 46:1 58:4
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Brannen 42:25
43:1,2,4,10
46:6,8
break 6:11
40:22 59:9
bribe 56:1
brief 40:24
59:12
bright-line
14:17
bring 49:18
bringing 36:23
brought 49:6
52:14
bruising 52:7
Bryant-Godfrey
48:7 54:25
Buena 5:14
business 59:1
Butler 5:12
C
C 69:1,1
California 5:22
call23:3 26:13
44:18,19,21
Callahan 19:7
called 35:18
44:20
calling 44:18
Campbell 20:16
36:24
campus 17:14
21:2 22:6,7
36:6 39:3
40:20 45:23
52:12 54:1,2,6
55:14,23 56:21
57:1 60:23
61:9 65:10
67:22,23 68:3
campuses 67:24
care 38:13
career 10:22
29:8,17
case 1:5 28:16
28:20,22 29:1
31:1447:9
65:9
Catholic 10:6
Center 1:18 2:5
53:13,18,23
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certain 14:9
21:16,17 53:14
certainly 22:10
22:11 25:25
35:4 54:1
certified 5:3
certify 69:6
Chamber 1:18
2:5
Championship
9:6
chance 51:24
chancellor 13:21
channels 24:12
Chappell 57:9
57:10,11 58:7
characterizati...
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characterized
57:24
charge35:10,12
65:11 66:2
67:12
charged 64:21
charges 31:25
52:8,15
check 59:9
Chief 21:2 56:21
chose 41:18
Civil 1:14 3:7
classes 55:22
classifled 9:5
clear6:13 53:1
67:10
clearly 14:17
close 48:13
coach 7:25 8:1
11:20,24 12:1
12:3 13:18,23
14:2,15,25
20:10 21:6
25:10 39:11
41:6 42:4,24
43:11 46:4,4
47:2 57:17
59:4
coached 6:6 7:6
7:24
coaches 14:18
46:23 54:3
coaching 23:23
35:3
code 22:19 24:2
27:3 29:4
50:11
college 5:13 7:1
7:4 8:7
combination
50:12
come 10:23
11:11 19:4
31:25 32:20
43:11
comes 38:8
67:12
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50:9
comment 12:15
commission
69:25
committed
52:19 64:18
Commonwealth
1:22 69:2,6
communicate
22:4 39:7
49:23
communicated
22:2,3 24:11
communication
24:1
complaints 12:6
13:8,14 14:21
47:7
completed 29:20
55:4,16 62:24
66:7
compliance 9:2
computer 69:13
concern 36:18
52:11 60:14,17
concerned 38:20
39:22
concerns 54:1
concluded 67:16
68:13
conduct 18:2,4
20:12 21:21,25
22:5,9,19
23:11 24:2
25:7 26:12,14
27:3 29:5,10
29:12,20 32:13
33:22 34:4,6
34:11,16,22
35:5 39:2,19
45:11,18 49:6
49:22 50:10
51:23 62:14
64:20 67:13
confidentiality
42:12
confines 65:9
confirm 63:25
consistent 26:25
contact 20:2,3,5
24:16,19,22
33:20
contacted 15:19
15:20,23 19:25
20:11 21:23
33:8 34:4 40:7
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contain 62:2,4
contains 18:25
contemplated
35:2,4
continue 30:24
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conversation
13:24 22:13
32:8 33:3 44:4
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conversations
25:23 32:6,11
32:16,23,24
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53:7,13,18
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conveyed 32:14
convicted 64:1
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806
INVESTIGATION
OF
UNIVERSITY OF WISCONSIN-GREEN BAY
MEN'S BASKETBALL COMPLAINTS
May 14, 2013
PLAINTIFFS
EXHIBIT
Submitted by:
Joseph M. Nicks
Godfrey & Kalm, S.C.

807
Background of the Investigation

On April 10, 2013,1 was contacted by Chancellor Thomas Harden of the University of
Wisconsin-Green Bay ("UWGB") about serving as an independent outside investigator in
connection with a complaint made by parents of a former player on UWGB's men's basketball
team. In a letter dated April 8, 2013, they alleged their son, John Doe 1 ("JDl")' had been the
subject of verbal abuse and other mistreatment by the head basketball coach, Brian Wardle. My
appointment as investigator was finalized on April 14, 2013. In the meantime. Chancellor
Harden received a complaint from die mother of another former player on the men's basketball
team which alleged that her son, John Doe 2 (".TD2,T) had also been treated unfairly by Coach
Wardle. I received copies of the letters from the parents for both JDl. and JD2 on April 14, 2013.
At the start of the investigation, I was also advised by the Chancellor's office that there
had been a previous complaint by the parents of another player on the men's basketball team,
John Doe 3 ("JD3"), that their son had been subject to disrespect, verbal and emotional abuse
from Coach Wardle. The complaint, made in early February 2013, was handled internally by
UWGB's Athletic Department. As a result,
. Although the complaint by ihe parents of JD3 was not specifically
within the scope of the investigation, the allegations by JD3 are relevant to the investigation
because they are similar to the allegations by the parents of JDl.
Chancellor Harden's instructions to me were to (1) investigate the allegations of

inappropriate conduct by Coach Wardle as alleged in the letter from the parents of JDl;
(2) investigate other allegations of inappropriate conduct by Coach Wardle in his role as head
Pursuant lo University policy, ihe names of students, including members of the men's basketball team, are not
disclosed In this report.

808
coach of the men's basketball program; and (3) inform Chancellor Harden about any other
matters related to the men's basketball program that I learned during the course of the
investigation. Chancellor Harden emphasized that my investigation should be independent
without influence from him or anyone else associated with the University. This report represents
my independent conclusions about the various concerns raised about the men's basketball
program.
Between April 18,201.3 and May 3, 2013, J personally interviewed 25 witnesses who are
familiar with the men's basketball program.2 This included 14 current and former members of
the team (including JD1, JD2, and JD3), four assistant coaches, the strength and oonditioning
coach, the head athletic trainer, two student managers, the athletic director, the academic advisor
who assists players on the men's basketball team and finally, Coach Wardle. Every witness I
asked to interview agreed to speak with me. I appreciated their cooperation. See Appendix A
for a list of the witnesses interviewed.
Coach Wardle is represented by Attorney Michael Ganzer. Mr. Ganzer sent me three
letters dated April 19, 2013, April 29, 2013, and May 6, 2013, concerning Coach Wardle's
response to the allegations against him. I also reviewed approximately 20 letters and emails of
support for Coach Wardle which were sent direct to me or were forwarded to me by the
Chancellor's office or by Attorney Ganzer. These included letters and emails from former
UWGB men's basketball, players who were coached by Coach. Wardle, parents of current players
on the men's basketball team, and coaches affiliated with other universities and programs who
know Coach Wardle. The letters attested to Coach Wardle's high character and praised his
I was assisted in the interviews by other lawyers in my offioc who kept detailed notes of the interviews.

809
coaching ability. A common theme in the letters from his former players was that they benefited
from his coaching style, both during their playing career and their lives after leaving UWGB.
Efforts to Interview JD1

In their April 8, 2013 letter to Chancellor Harden, the parents of JD1 described details of
what they said were "... harassment, mistreatment, and deceitful behavior ..by the men's
basketball coaches, especially Coach Wardle. They urged the Chancellor to begin an
"immediate investigation" of the men's basketball program and Coach Wardle. However, they
also asked that the investigation proceed without requesting a meeting with their son.
Because of the nature of the allegations, I believed I needed to speak with JD1 personally
to verify the allegations made by his parents, to obtain more details about the allegations, and to
evaluate his credibility. I wanted to speak with JD1 before conducting any other interviews.
I spoke by phone with JDl's mother on both April 1.4 and April 15, 2013, about ray
request to interview her son. During the conversations, she told me that the family's first priority
was to get her son through the next several weeks of school, and that they would not agree to my
request for a prompt interview. On the morning of April 16, 2013,1 sent JDl's mother an email
in which I stated that because her son is an adult, that I needed to either speak with him
personally or receive a written statement from him confirming that he would not speak with me.
On the evening of the same day, I received an email from. Attorney Jeffrey Pitman informing me
he represents JD1 and his parents. He asked that all future communications with JDl about the
investigation be directed to him. I have complied with this request.
I spoke by phone with Attorney Pitman on April 1,8, 2013 and explained my reasons for
wanting to interview JDl. He did not agree to produce JDl for an interview, but said he would

810
check again with him to determine whether he would agree to an interview in the future. I
informed Attorney Pitman that I would go forward with the investigation, even if JD1 did not
cooperate. Following the conversation, I began interviewing other players on the men's
basketball team to deterniine what they knew about the allegations made by the parents of JD1.
Attorney Pitman next contacted me on Monday, April 22, 2013, about making JD1
available for an interview at his office in Milwaukee on April 26. 2013. Because I had a
scheduling conflict at that time, we agreed to conduct the interview on Monday, April 29, 2013,
at the UWGB campus. Attorney Pitman participated by telephone. .TD1 was cooperative during
the interview, which lasted approximately an hour and 15 minutes.
Although J would have preferred to interview JD1 at the start of the investigation, the
delay in conducting his interview did not hinder the investigation.
Practice Videos
The complaints I was asked to investigate were made following widespread publicity
about the men's basketball program at Rutgers University ("Rutgers"). Because the publicity
about the Rutgers' controversy included videos showing physical and verbal abuse, I asked, at
the start of the investigation, for copies of all videos of UWGB men's basketball practices that
existed. In response, the Athletic Department provided me with approximately 120 DVDs which
I reviewed in part. Unfortunately, the DVDs consisted of scouting videos of other teams,

811
highlights of UWGB men's basketball games, and heavily edited videos of practioes showing
particular skills. The DVDs were not helpful in determining whether the allegations about the
men's basketball program and Coach Wardlc have merit.
T subsequently learned more about the practice videos by interviewing the student
managers and Coach Colin Schneider. The men's basketball team practices at two locations
within tlie Kress Events Center. The primary practice facility is the Bennett Gym, but some
practices are conducted at the main arena. Both axe equipped with video equipment. The video
equipment at the Bennett Gym is not equipped for audio, but audio is available on the equipment
used at the main arena.
The usual practice is for Coach Wardle to write out a practice schedule which designates
tlie portions of the practice to be videoed. The student managers are responsible for operating
the equipment to obtain the video requested by Coach Wardle.
The video equipment in both practice facilities use DVDs as the recording media. The
original of the DVDs are given to Coach Schneider who then "bums" extra copies. He gives the
"master" DVD to Coach Wardle, keeps a copy for himself which he places on a spindle in his
office, and gives copies to each of the assistant coaches. At the end of the season. Coach
Schneider discards all of his DVDs containing practice videos because they are no longer
needed. Hie other assistant coaches (Chrys Cornelius, Jimmie Foster, and Brian Barone) and
Coach Wardle also told me that they do not keep their copies of the practice videos after viewing
them.
I learned from one of the student managers that the normal procedure when practice was
conducted at the main arena of the Kress Events Center was to record audio as well as video.

812
Duriug the middle of the 2012-2013 season, Coach Schneider (who supervises the student
managers), instructed the managers to not include audio on the video recordings. Coach
Schneider explained that Coach Wardle had complained that the sound was giving him a
headache, and that vjdeo only was sufficient. Coach Schneider confirmed that the request to not
include audio came from. Coach Wardle.
Coach Wardle confirmed that he requested that audio not be included with the practice
videos. He did so in response to the allegations by JD3, which were made during early February
2013 and included allegations that Coach Wardle used vulgar and obscene language at practices.
During my interview with Coach Wardle, I repeated my request to review practice videos
that still existed. Attorney Ganzer called me on May 6,2013, and told me that Coach Wardle
and his coaching staff had searched again and were able to find five videos of practices. I
received the DVDs from Attorney Ganzer on May 7, 2013. Attorney associates at my office and
I reviewed all of the DVDs. The audio on the DVDs was of poor quality and often garbled. The
five DVDs we reviewed did not show any verba), or physical abuse by Coach Wardle or his
coaching staff.

813
UWGB Basketball
Men's basketball, at UWGB has a proud history dating back to the 1969-70 season.
UWGB origmally competed in the NAIA and NCAA Division II and enjoyed great success. The
program changed to NCAA Division I during the 1981-82 season. The basketball team
continued to be successful, qualifying to participate in severaj NCAA Division I and NIT
tournaments.
Brian Wardle was hired as the head coach on April 15, 2010. During the previous five
seasons (2005-2010), he served as an assistant coach for the men's basketball team during the
coaching tenure of Tod Kowalczyk. Coach Wardie played collegiate basketball at Marquette
University for Head Coaches Mike Deane and Tom Crean. Tod Kowalczyk was an assistant
coach at Marquette when Coach Wardle played there.
Coach Wardlc's initial contract as head coach was for a five year term. Since then, the
practice has been to extend the term by an additional year following the conclusion of each
season. Coach Wardle's current contract expires on April 15,2017.
Initial Comments About the Investigation

Because the complaints about the UWGB men's basketball program, came shortly after
the media attention about the Rutgers' men's basketball program, there is a temptation to
compare the two. That would be a mistake. Unlike the Rutgers situation, there is no evidence of
physical abuse at UWGB. None of the 25 witnesses I spoke with, including JD], JD2, and JD3
said that there was any physical abuse by the men's basketball coaclies or athletic staff. The
allegations I investigated relate to alleged verbal abuse and more generalized allegations of
unfair treatment of players on the team.

814
The Rutgers situation was straightforward by comparison. There was clear video
evidence of physical and verbal abuse that everyone agreed was inappropriate. This
investigation of UWGB men's basketbalJ program is mote difficult because there is little video
evidence, and - as will be discussed later in this report - the witnesses sharply disagree about the
facts.
The investigation was further complicated by the fact that the athletic department at
UWGB does not have rules or standards that can be used to determine whether particular
conduct by coaches constitutes "verbal abuse." The only relevant guideline is provided by the
athletic department's Mission Statement fAppendix B) which provides little practical guidance
about how coaches should do their jobs.
Based on the media coverage that this controversy has generated and comments I have
received, it is clear that people have diverse, and deeply held, opinions about
how
coaches
should behave. Some strongly believe that any name calling, critical comments about
performance, swearing at players or officials, or comments meant to demean a player's integrity
constitutes verbal abuse and should be prohibited. Others believe, equally as strongly, that harsh
criticism, including use of vulgar and obscene language, is an accepted way to motivate players,
particularly at the Division 1 level. Remarkably, even the players on UWGB's men's basketball
team differ about the appropriateness of the coaching style used by Coach Wardle and his
assistant coaches. Several players on the team, including JD1, JD2, and JD3, and others, were
clearly bothered by the critical style of the coaching, including alleged use of obscenities by
Coach Wardle. A majority of the players on the team, however, told me that they are not
bothered by this coaching style. Several players said that their coaches in. high school, AAU
competition, and other colleges they attended were far tougher on them.

815
During my interview with Coach Warclle (with his attorney), we had a frank discussion
about what standard he believes should be applied to coaching a Division I basketball team.
Coach Wardle strongly believes that there is a unique Division I culture that should be
considered in evaluating his conduct. In a letter following the interview, Attorney Ganzer
summarized Coach Wardle's views as follows:3
First, we talked a bit about the culture of Division I basketball

which I think needs a bit more explanation. We discussed the
blending of both innereity and suburban cultures which presents
some unique problems and opportunities. For instance, Brian
mentioned that use of the "N" word is strictly prohibited within the
UWGB family. This is directed not just at the Caucasian men but
also and perhaps significantly, at the African-American players
who use the "N" word at times as a result of some hip hop usage. I
suggest this to underscore the fact that the Division I basketball
culture is quite a bit different than a workplace culture. At least
one of the complaining parents suggested that the players needed
to be treated as if they were in a workplace environment.4 I can
say without reservation, that Brian Wardle has acted at all times in.
conformance with what is generally done by all coaches at the
Division I level. There are unique circumstances presented to each
and every coach, but Brian's conduct has been absolutely in
oonformauce with that culture.
The Allegations by JP1

Die allegations by JD1 and his parents can be organized into three categories. The first is
that during pre-season conditioning drills, commonly referred to as "boot camp," Coach Wardle
required him to continue to participate in a hill running exercise when he was ill, which caused
hira to defecate on himself. The second, is that Coach. Wardle subjected JD1 to verbal abuse,
which included use of vulgar, obscene language and the suggestion that ID I would play better if
' A copy of Attorney Ganzer's May 6, 2013 letter is attached in its entirety at Appendix C.
4
This refers to the letter written by the parents of JD1.

816
he had sex. The last is that JD1 was prevented from majoring in a science or studying pre-med
because it interfered with basketball.
JD1 was recmited as a non-scholarship player (referred to as a "walk-on"), and started his
freshman year at UWGB during the summer of 2012.5
The ffifl Running Exercise

At the start of fall practice for the men's basketball team in October 2012, the players
went through a "boot camp" which had the goals of increasing fitness and building team
camaraderie. The activities for the boot camp were organized and directed by Mike DeLong, the
strength and fitness coach, with consultation with the coaches and head athletic trainer.
The activities for the second day of boot camp (a Tuesday) began with a short workout at
the Kress Events Center. The players, and several of the coaches, then jogged about a mile to a
location near campus where there is a hill approximately 100 yards long, with an adjacent
wooded area. At Mr. DeLong's direction, the players were organized into three groups to
participate in a series of "hill nrns." The first group included faster, smaller players including
guards, the second group included several forwards and "bigs," and the last group included three
of the bigger players on the team. A different time goal was set for each of the three groups to
run to the top of the hill and return. The groups took turns running, for a total of 15 runs up and
down the hill for each group.
5 JDl was one of die most popular players on the team. Most of his teammaics described him as a nice guy and a
good friend.
10

817
Coach DeLong positioned himself part' way up the hill, about 50 yards away from the
start, and directed the running exercise from that location. For most of the run, Coach Schneider
stayed at the top of the hi]]. The remaining coaches, athletic staff, and injured players who could
not participate, remained at the bottom of the lull. The coaches, including Coach Wardle,
participated in some, but not all, of the runs.
, Jeremy Cleven, the head athletic trainer, was present for the entire exercise. His
responsibilities include monitoring practices to malce sure that players do not over-exert
themselves. He has the authority, independent of the coaching staff, to remove a player from an
exercise or practice if he believes there is a health risk to the player. For most of the hill run
exercise, Mr. Cleven stayed near the bottom of the hill with the coaching staff.
I spoke with 21 witnesses who were present during the hill runs. Although there is a
general agreement that the exercise was organized as described above, there is sharp
disagreement about the facts relevant to JDl's participation.
According to JD1, he felt sick on the morning of the hill run exercise and told Mr. Cleven
and Coach Wardle after the early morning workout at the Kress Events Center that he did not
feel well. He says they told him lie had three minutes to change his shoes and join the group of
players and coaches (including Coach Wardle) who were running to the hill near campus. When
he went to change his shoes, he vomited and went to the restroom to see if urinating would
relieve his symptoms. Despite his difficulties, he joined the group that ran from the Kress Events
Center to the hill At the hill, he was assigned to the third group with two oilier "big" players;
including JD2. He says that he again told Mr. Cleven and Coach Wardle that he didn't fee] well
and that he "had to go take a shit." Coach Wardle responded by telling him to "stop being a
11

818
baby, (name deleted) and suck it up." JD1 says that he then ran up and down the hi)] four or five
times with bis group and again complained to Coach Wardle about not feeling well He claims
that Coach Wardle respond.ed by telling him to go to the woods to "talce a shit" and. that he
should "stop being a pussy." JDl then went into the woods and defecated. When he returned to
the hill, Coach Wardle asked him if he felt better, and JDl said he did not. He contends that
Coach Wardle and two of the assistant coaches made fun of him for trying to avoid the exercise
and kept telling him to "stop being a baby3' and "stop being a pussy." JDl says that he also told
Mr. Cleven that h.c did not feel good and thought he was going to throw up. Mr. Cleven offered
to take him back to the locker room at the Kress Events Center. However, at about the same
time, Coach Wardle gave JDl a push to encourage Mm to run back up the hill with the statement
"just go." As he was running up the hill, JDl defecated in his pants. Because he was wearing
white shorts, the fact that he had defecated was obvious to others. He says that Coach Wardle
and the assistant coaches at the bottom of the hill made fun of him by making statements like
"we literally run the shit out of him," "he is being a pussy," and "he is the biggest piece of shit
we have ever seen."
Coach Cornelius took JDl back to the looker room at the Kress Events Center in a
vehicle described as a Gator, which is similar to a golf cart, JDl says he had to walk through a
public area of the building where a number of people were present to get to the locker room,
which embarrassed him. JDl says he cleaned himself up, and went back to his apartment to
prepare for a class later in the day because he had a presentation. He attended the class but left
early after his presentation to return to his apartment. He checked his temperature, which was
102. JDl says that Mr. Cleven was the only coach that contacted him later that day. Mr. Cleven
said that he had probably been dehydrated and told him to drink fluids, rest, and not participate
12

819
in practice the next day. On the folJowing day (two days after the hill run exercise), JDl went
bade to practice and told Mr. Cleven that he felt better.
JDl also claims that every few weeks Coach Wardle would remind him of the inoident at
practice by maldng comments in front of other team members to the effect that he was a ''piece
of shit" and that he "shit your pants." JDl said that these comments initially bothered him, but
by January 2013, he had tuned them out.
Coach Wardle adamantly disagrees with the allegations made by JD1. He denies that
JDl told him that he was ill before leaving the Kress Events Center, and says that he did not
know that JDl was not feeling well until after he had run up and down the hill a couple of times.
Coach Wardle acknowledged that JDl told him he wasn't feeling well at that time, but thought
the problem was that JDl felt like throwing up, as opposed to needing to defecate.0 Coach
Wardle says he directed JD 1 to the wooded area to throw up. Coach Wardle said that when JDl
returned from the woods the first time, he said that he was feeling okay and was going to
continue running. After running the hill one more time, JDl told Coach Wardle again that he
didn't feel good and was directed back to the woods a second time. At this point, Coach Wardle
says he understood for the first time that JDl was attempting to defecate rather than throw up.
When he came out of the woods the second time. Coach Wardle asked him if he was okay or if
lie wanted to go back to the locker room. JD 1 then ran up the hill and down again - followed by
a third visit to the woods. When he returned, JDl tried to run the hill yet another time. It was on
this run that he defecated on himself. Coach Wardle then sent JDl back to campus with Coach
Most of the players told me that the hill runs were extremely difficult. Several players threw-up.
13

820
Cornelius. He denies that he required JD1 to continue running after he had defecated on himself.
Instead, he says he gave JD1 two or three opportunities to stop running.
Coach Wardle also denies that he, or any of the other coaches, made fun of JD1 or made
the derogatory comments alleged by JD1. Coach Wardle explained that this would be
inconsistent with his goal of making it a "positive day" for the team. After JD1 returned to the
Kress Events Center, Coach. Wardle spoke to the team, at the bottom of the hill and told them not
to make fun of JD 1 or to talk about the incident with others. Several players corroborated this.
Coach Wardle also disagreed with JDl's contention that Mr. Cleven was the only one
that checked with him about his health following his return to the Kress Events Center. Coach
Wardle says he called J'Dl that evening to see how he was feeling. At least two of the assistant
coaches, Coach Barone and Coach Foster, said they also called JD1 that evening to see how he
was doing.
From Coach Wardle's standpoint, he provided JD1 with several opportunities to stop the
hill running exercise and to return to the Kress Events Center, but JD1 chose to continue to
participate. Coach Wardle told me that he was impressed by .TDTs effort in continuing the hill.
runs even when he was not feeling well.
Coach Wardle unequivocally denied that he brought up the incident later at team
practices by making comments like those described by JD1.
Two of the players who participated in the hill, runs support JDl's description of the
events. JD2, who ran in the same group as JD1, said that JD1 defecated in his pants on the
fourth hill mn and. that Coach Wardle told him that he wouldn't be "worth anything" if he quit on
14

821
the team. According to JD2, JD1 then ran two or three times up the hill and down before Coach
Wardle told him that he was becoming a. distraction and that he did not need him there any more.
Another player, who was in a different nmning group than JD1, did not overbear die
conversation between Coach. Wardle and JD1. However, when he spoke to JD1 later in the
afternoon, JD1 told him that Coach Wardle had told him that he had to keep going and to "stop
being a pussy."
The third player who ran in JDTs group interpreted the events differently. He thought
the discussion between Coach Wardle and JD1 about going to the woods was more humorous
than mean spirited and that JD1 was "going along with it." When it became more apparent that
JD1 had a problem, he recalls that Coach Wardle said "if you can't run, then don't." He thought
JD1 continued to run because he didn't want to let the team down. He believes the ooaches were
encouraging him, but did not require that he keep running.
The other players ran in different groups. Although most were generally aware that JD1
was experiencing a problem and had gone into the woods several times, they did not overhear the
conversations he had with Coach Wardle. Several said that they thought at the time that JD3 was
just trying to get out of a difficult exercise. At least two of the players said that the players were
encouraging him to continue. One of these players said that Coach Wardle gave JD1 the option
to keep rmming or quit, and that he didn't think the coaches made him do anything.
A player who did not participate in the hill runs because he was recovering from an injury
observed the exercise from, the bottom of the hill with the coaches. He supported Coach
Wardle's version of what happened. He said that JD1 had at least two chances to leave and
decided on his own to continue to run. He thougl.it Coach Wardle handled the situation well.
15

822
The three assistant coaches who were at the bottom of the hill also supported Coach
WardJe. Coach Cornelius had very little recall about the incident, other than being askod to take
JD1 back to the locker room. Coach Foster attempted to run the hill several times with the last
group of players. He pulled his hamstring on the third run, and stayed at the top of the hill.
Before then, he says he overheard a conversation in which Coach Wardle gave JD1 the choice to
go back to the Kress Events Center on the cart or to go to the woods. Coarh Barone was runmng
with the players, including several times with the group that included .ID 1. He said that after the
third or fourth run, that Coach Wardle told JD1 to get in the cart and head back. Despite this.
JD1 ran two more times, When it became obvious that he had defecated in his pants, Coach
Wardle told him to go back to the locker room. Coach Barone said he thinks JD1 is "blatantly
lying."
Finally, the role of Mr. CI even, the head athletic trainer, is important. Mr. Cleven
explained that athletic department procedures require that a player who is not feeling well or is
hurt talk to the athletic trainer. If a coach gets an initial report of illness or injury, he should
notify the athletic trainer. One of Mr. eleven's responsibilities at the hill run. exercise was to
evaluate whether any of the players were suffering from injury or illness.
Mr. Cleven also denies that JD1 told him that he was il) before leaving the Kress Events
Center. He first learned about it at the hill when JD1 told him that he was having trouble with
his stomach. Mr. Cleven said he told JD1 that they should go back to the Kress Events Center,
but he refused. Coach Wardle finished a run with the players and came over to talk to .ID] and
also told liim that he should go baok, but ID 1 refused again. Mr. Cleven believed that JD1 was
not fit to run, but his refusal to go back to the Kress Events Center left no choice other Chan for
him. to go to the woods instead. .Mr. Cleven wanted to remove him from the exercise, but let hiin
16

823
continue to run because he thought it was JDTs choice to continue if he was not at risk of getting
hurt. Once JD1 defecated in his pants. Coach Wardlc insisted that he return to the Kress Events
Center. Mr. Cleven. also said that the allegation that JD1 was called names, including a "piece of
shit," was false.
Within a couple of hours after the end of the hill run exercise. Coach Wardle asked Mr.
Cleven to come to his office to meet with him and Coach Barone. Coach Wardle asked whether
lie had done anything wrong. Mr. Cleven told Coach Wardle that he thought the situation had
been handled properly because JDl had been given the opportunity to return to the Kress Events
Center several times, refused, and was sent back once the situation escalated.
An important issue in this investigation is whether JDl was forced to continue to

participate in the hill run exercise after it became clear that he was too ill to continue. That
would be abusive. On the other hand, if he chose to continue to participate despite being offered
the opportunity to quit the exercise, I do not believe the conduct by Coach Wardle and the
athletic staff could be regarded abusive. Although there is evidence on both sides of this issue,
the majority of the witnesses I interviewed believed that JDl had an opportunity to quit and
chose to continue.
This should not be interpreted as approval of the judgment exercised by Coach Wardle,
his coaching staff, and Mr. Cleven. Even under the facts as they told me, they should have
recognized sooner that a new player on the team like JDl would feel undue pressure to continue
to participate in die exercise in. order to impress his teammates and coaches. The decision by
J'D 1 to continue did not relieve the coaches and athletic trainer from exercising their independent
17

824
judgment to remove him from the exercise. Both Coach Wardle and Mr. Cleven should have
exercised judgment earlier in. the incident to require that JD1 quit the exercise.
Alleeatiens of Perba/dhuse
The April 8, 2013 letter from JD13s parents accuse Coach Wardle of verba] abuse toward
S* U
their son, including calling him. a "useless piece of shit,
a fucking pussy," a "flicking cunt,"
and asking him if he would play better if he had sex. JD1 agreed with the statements made by
Ms parents and provided more details about them during my interview with him. He alleged that
from the beginning of practice in October 2012, that Coach Wardle would call him. a "faggot"
and say that he was gay at every practice. He said that this lasted a month or two. According to
JD1, Coach Wardle started calling him a "pussy" at the start of December, but he did not know
the reason for the change in name calling. He also said that Coach Wardle started using the word
"cant" in conversations with him during February, 2013. An example he gave would be a
statement like, "Why are you being such a emit, (name deleted), just get on the line." JD1 was
confiised about whether Coach Wardle used the words to refer to him as a person or to his
performance as a player when making comments like this.
JD 1 also said, that Coach Wardle suggested on three occasions that lie would play better if
he had sex. The first time was at the start of a practice late in the season. The second time,
Coach Wardle referred to a young woman JD 1 was acquainted with and suggested that they
could go to a back room to have sex and ID1 would play better. On the third occasion, JD1 said
he came t:o practice looking depressed and unhappy, and Coach Wardle suggested that he should
jusl skip practice and go have sex.
18

825
This was not the only lime that Coach Wardle was accused of using vulgar and obscene
language. On February 5, 2013, the parents of JD3 wrote a letter to Athletic Director Ken
Bothof in which they alleged that Coach Wardle verbally attacked their son on a daily basis,
calling him things like a "fucking pussy," or a "fucking cunt," and accusing him of having no
heart and no commitment to his team. This complaint was handled internally by UWGB's
alhietic department. Following a meeting on February 13, 2033, among JD3, his parents, Coach
Wardle, and Mr. Bothof, JD3
When I interviewed JD3, he told me that his parents did not show him. the letter before it
was sent to Mr. Bothof, but that he has reviewed it since that time and agrees with the criticisms
of Coach Wardle. JD3's primary complaint was that Coach Wardle relentlessly criticized him.
JD3 said that Coach Wardle would get right in players' faces when he criticized them. He gave
examples such as blaming JD3 for losing games, telling him that he would not be a successful
teacher and coach, and saying that he was a maverick. JD3 complained that during his junior
year that Coach Wardle had his loclcer moved back to where it had been in his freshman year and
restricted his access to the practice gym to practice shooting unless one of the coaches was
available to assist him. With respect to Coach Wardle's language, JD3 said that the tenn
"fucking cunt" was used several times after the team lost to Idaho (November 20, 2012), and was
used during practice between the Idaho game and die Virginia game (December 1, 2012) - but
not afler that. The phrase "fucking pussy" was also used during practice, along with accusations
that players were "soft." He couldn't say whether any of these words were directed to him
specifically, JDB also said that during his freshman or sophomore year that Coach Wardle told
Mm. that he would play better if he had sex.
19

826
JDS provided more information about his reasons for leaving the team. He was
disappointed that Coach Wardle disputed all of the allegations described in his parents' letter.
Although Coach Wardle said that he wanted him to remain on the team, JD3 did not trust his
comment and believed that he was not, in fact, wanted on the team.
There was general agreement among the remaining players that Coach Wardle is a
demanding coach and his coaching style often includes criticism of the players on the team.
Most of the players accept this as a normal part of Division I basketball. Several players told me
that they had experienced harsher treatment from other coaches in their basketball careers.
Coach Wardle is supported by the majority of the players on the team, including most of the
established players. In ray interviews, several of the players expressed strong opinions that the
complaints by JDl, JD2, and .TD3 were unwarranted and were concerned about the possible
outcome of the investigation. On the other hand, several other players, including JDl, JD2, and
JD3, and at least two other current members of the team, believed that Coach Wardle1 s coaching
style is too harsh. It was a factor in JD1 and JD3 leaving the team. JD2 has completed his
eligibility.
There was even less agreement among the players about the extent of Coach Wardie's
use of vulgar and obscene language. One of the current players on the team said that Coach
Wardle used the word "cunt" on a daily basis and directed it at individual players, including
himself. The same player said that he recalled Coach Wardle telling players that they would play
better if they had sex. Other players said that the use of words such as "cunt," "pussy," and
"fucking soft" were used occasionally, but not daily. Most of the players said that the vulgar
language was not in direct reference to a player. Other players said the use of this type of
language was very rare. Other than JDl, only one other player said Coach Wardle ever used the
20

827
word "faggot." Another playei'j a strong supporter of Coach Wardle, acknowledged that the
coaches made comments to playars that they would play better if they had sex, but thought the
statement was made jokingly. A few of the players were troubled by the language used by
Coach Wardle. Most were not bothered by it.
The Athletic Director, Ken Bothof, is Coach Wardle's supervisor. During the basketball
season, he has a regular weekly meeting with Coach Wardle in his office. In addition, Mr.
Bothof attends practices at least once a week. He usually stays for 15-30 minutes, but does not
observe the entire practice. He was not present at the time of the hill mn exercise. Mr. Bothof
told me there was nothing about Coach Wardle's coaching style that he personally observed that
concerned him. Mr. Bothof has generally given Coach Wardle favorable employment reviews.
I discussed the athletic department's handling of the complaint by .TD3 with Mr. Bothof.
He said that Coach Wardle seemed genuinely surprised and hurt by the accusations and sincerely
wanted JD3 to remain on the team. Following Mr. Bothof s meeting with Coach. Wardle and
.TD3 and his parents, he believed that tilings could be worked out for JD3 to remain on the team
I also talked with Mr. Bothof about die allegations that Coach Wardle uses inappropriate
language. He told me that he has never heard Coach Wardle use the word "faggot" and did not
know anything about the alleged use of the word until he read about it in a newspaper article. He
said he has heard Coaoh Wardle occasionally use the word "fuck," but not in normal
conversation. He spoke with Coach Wardle about the use of this type of language following
receipt of the letter from the parents of JD3, particularly the alleged use of the term "fucking
cunt." Coach Wardle told him that he did not like the phrase and would stop saying it.
21

828
Coach. Wardle was the last witness I interviewed. I gave him an opportunity to respond
to all of the allegations made against him. He adamantly denied that he verbally abuses the
players on the men's basketball team in any way. To the contrary, Coach Wardle believes that
he has a strong relationship with his players which supports values, including respect for women.
Although he gets "on" players both academically and on the court, he denied that any of his
conduct was abusive.
Coach Wardle acknowledged that he sometimes swears in. practice and has used the
words "fuck" and "pussy." However, he denied that be uses some of the other language that he
has been, accused of. For instance, he says that the accusation by JD1 that he used the word
"faggot" and referred to him as gay is 1000/o incorrect. He also said that he does not use the
word "cunt."
Coach Wardle said he believes that a certain amount of swearing is common and
acceptable in basketball culture, including AAU basketball and Division I, but was unsure
whether all of the players are used to it J. asked him specifically what type of swear words are
acceptable - and which are not. He said that any use of the "N" word, "faggot," "cunt" or
"fucking cunt" are unacceptable. The word "fuck" and "fucking" are commonly said at practice
and tolerated. Use of the terms "pussy" or "fucking pussy" depends on the context. Coach
Wardle said he occasionally uses such terms as a synonym for wimp or to suggest a player or the
team, is "playing soft." He does not use them to refer to a body part.
Coa.ch Wardle said that there was just one time that he suggested to JDl that he would
play better if he had sex. He said it was during a warm-up before a practice when he believed
JDl was feeling somewhat down. He meant it in a friendly, humorous way, and ID1 responded
22

829
by smiling and laughing. Coach. Wardle believes this comment should be considered in the
context of his close, personal relationship with his players which includes few limits on topics
which are discussed.
Coach Wardle also disagreed, again strongly, with the criticisms by JDS and his parents.
Instead, he characterized, his coaching style as providing constructive criticism necessary to hold
players accountable and to instill discipline, and that his approach is common in Division I
basketball. With respect to some of JDS's specific complaints, he said that the decision to move
his locker was just a superstitious thing, to move bun out of "quirky, cursed" locker, and denied
that he restricted his access from the gym as punishment. Coach Wardle said that he wanted .TD3
to do his practice shooting with coaches to make sure that the shooting was done at game speed.
Coach Wardle said that he wanted JD3 to succeed, and was not trying to "run him out" of the
program.
AsS
discussed, previously in this report, evaluation of whether Coach Wardle's coaching
style is abusive is complicated by the lack of established standards for coaching performance.
The players and their parents who have complained, suggest a relatively strict standard be
applied with, respect to whether harsh criticism of players should be tolerated. By contrast,
Coach Wardle says that everyone needs to recognize the realities of Division I basketball culture,
and that he should be evaluated based upon a Division I basketball standard.
From, a subjective standpoint, it is clear that some players find Coach Wardle's coaching
style to be too harsh, but most do not. For the most part, the players who complain about harsh
treatment, are bothered more by the criticism and less by the use of the vulgar and obscene
language mentioned in the complaint letters from their parents. Nonetheless, the alleged use of
23

830
inappropriate language makes evaluation of the claims of verbal abuse more difficult Although
Coach Wardle defends his occasional use of some swear words, he concedes that others, such as
"faggot" and "emit" are clearly inappropriate. Although he denies that he uses them, some of the
players say that lie does. Short of having adequate video evidence - which we don't - it is
difficult to say who is right about this.
The allegations that Coach Wardle suggested that players have sex to improve their
basketball skills represents a different situation. Several different players told me that Coach
Wardle made the suggestion to players, and Coach Wardle acknowledged that he had done so
once to JD1 - but in a joking manner. In this instance, whether Coach Wardle made the
comment in a humorous or mean spirited way does not raalce a difference. The comments were
inappropriate.
Comp/amf About Academic Issues

The letter from JDl's parents alleged that he was prevented from majoring in a science
because it interfered with basketball, but did not provide details about the allegation. When
interviewed, JD1 told me that he was directed to an academic advisor, Amy Van Oss, who set up
classes for the men's basketball team. He says that Ms. Van Oss told him that he could not sign
up for a biology class he wanted to take because it was too hard and would conflict with the
practice schedule for the basketball team. She advised him to talk to Coach Wardle about this.
JD1 says he spoke to Coach Wardle who told him he could not tal.ee the biology class because it
conflicted with the practice schedule, and he could not pursue a major in biology because it
would be too hard.
24

831
JD1 says that a similar situation occurred during registration for the spring semester when
he wanted to take a chemistry class with a lab that did not conflict with the practice schedule. He
says he met first with, Ms. Van Oss, who again sent him to talk to Coach Wardle. JD1 says that
Coach Wardle told him that the class was too hard, even though it did not conflict with the
practice schedule. JD1 ended up taking several "genera) ed" classes, even though he would have
preferred to take some science courses.
I spoke with Ms. Van Oss about her involvement in advising JT>1. Ms. Van Oss has been
an academic advisor at TJWGB for more than. 10 years. She explained that UWGB students are
not required to see an academic advisor as a condition to register for classes, but academic
advisors are available to help as needed. She became involved in advising players on the men's
basketball team approximately six. or seven years ago when she was approached by Coach
Wardle (then an assistant coach) about advising the players on the team. Since he has been the
head coach, Coach Wardle has required that ail players on the men's basketball team consult
with her about their course selections. Ms. Van Oss complimented Coach Wardle on being
proactive in requiring academic advisement for the players, even though it is not required by the
University.
Ms. Van Oss explained that it is sometimes difficult to schedule practice times around the
classes wanted by every member of the team. She usually talks witii Coach Wardle before the
beginning of each semester about times for scheduling practice. With respect to potential
scheduling conflicts, priority is given to the schedules of seniors on the team who need to take
certain classes to graduate. Based on her knowledge of the classes needed by the seniors, Ms.
Van Oss detennines in advance the classes they will need before her discussion with Coach
Wardle. Jbey then select practice times that work around the seniors1 academic needs. This
25

832
process involves some give and take between Ms. Van Oss and Coach Wardle. She says that he
always adjusts the practice schedule to allow her to schedule the classes needed for the senior
players.
-As a result of this process, the practice schedule is established by the time the players
meet with Ms. Van Oss. She then does her best to work with the players to select classes that do
not conflict with the practice schedule. The system has worked well. Ms. Van Oss says that
there have only been a handful of times during the last six or seven years that a player could not
take a olass because it conflicted with the practice schedule.
Ms. Van Oss met personally with JD1 to help him register for classes for the fall, 2012
semester. He told her that he was thinking about majoring in Human Biology or Biology. She
reviewed his placement scores and confirmed that he was eligible to take Biology 202.
However, the lecture scheduled for the class conflicted with practices scheduled on Friday
mornings - there was a 20 minute overlap. Ms. Van Oss told JD1 that he would need to contact
the coaches to see if an adjustment could be made to enable him to take the class. She does not
know whether JD1 followed up with Coach Wardle because she did not hear anything back from
JD1, his parents or the ooaches. Ms. Van Oss says that she told JD1 that scheduling would be
difficult if he decided on a science major because it is hard to schedule courses with both lectures
and labs around practice times for the basketball team. She believes he is academically qualified
For pre-med and science majors and did not tell him that the biology course he wanted to sign up
for would be too hard.
26

833
Ms. Van Oss met again with JD1 in November of 2012 to discuss his classes for the
spring semester. By the time they met, a practice schedule ha.d been set based on the academic
requirements of JD2, who was a senior and needed particular classes to graduate. Ms. Van Oss
recalls that JD1 wanted to take either Biology 202 or a chemistry course. The schedules for both
classes conflicted with the practice schedule. She again told JD 1 that a pre-med course of study
would be difficult to coordinate with being on the basketball team. Ms. Van Oss explained that
JD1 was the only player on the team that she was unable to place into acceptable classes. She
didn't think that the coaches were willing to adjust the entire practice schedule for a freshman
walk-on player.7 Ms. Van Oss did not know whether JD1 talked to Coach Wardle about his
classes for the second semester.
Coach Wardle disa.greed with JD 1 's allegations. He said that JD1 did not talk to him
about his schedule for either the first semester or second semester. He indicated he would have
been willing to work around the scheduling conflict for the first semester if it only meant that
JD 1 would be late for one of the practices. It would only have been a problem if he missed
entire practices. He said that he is very flexible about practice times so that juniors and seniors
can schedule the classes they needed to finish their degrees - but there are limits on scheduling
practices around the schedules of under-classmen, who have more flexibility in scheduling their
general education requirements. He believes that JD1 is smart and capable of the majors he is
interested in and denies that lie told him that the courses he wanted to take were too hard. Coach
Wardle said that he stresses academics to his players and encourages them to finish their degrees.
1 Student athletes at UWGB have priority registration, which allows fveshntfm and sopbomores to register early. Ae
a result, JD I had the advantage of a stepped up registration, time based on his status as a walk-on on the basketball
team.
27

834
JDTs allegations about restrictions on his ability to take science courses presents two
separate, but related issues. The first is whether Coach Wardle prevented him from taking
specific science classes. My conclusion is that there is nothing wrong with the advisement
system developed by Ms. Van Oss and Coach Wardle. It was acceptable to give priority to
players who were upper classmen who needed to oomplete courses for graduation, even if it
meant less flexibility for freshmen
like JD1. The other issue is whether Coach Wardle and Ms.
Van Oss discouraged JD1 from majoring in a science. I don't believe this allegation is true with
respect to Ms. Van Oss. I believe her statement that she did not tell JD1 that pre-med or a
science major would be too difficult for him. The facts are not as clear about whether Coach
Wardle told him that a science major would be too hard. As noted above, JD1 says Coach
Wardle told him this, but Coach Wardle denies even, having a conversation about it.
AUegations by JD2
Within a few days after Chancellor Harden announced that he decided to conduct an
independent investigation of the allegations made by JD1, he received a letter from the mother of
.TD2 dated April 12, 2013, which alleged that her son was unfairly treated by Coach Wardle. In
addition to general, allegations of verba] abuse and bullying, the letter referred to several
examples of unfair treatment, including the following:
1.
JDTs
was treated by Coach Wardle as a
distraction.
JD1 's
was not taken seriously by Coach Wardle
and the athletic staff.
3.
J.D3 was accused of being the reason another player left the
basketball team.
In October 2012, JD2 was harassed about his weight.
28

835
Coach Wardle made comments and accusations to JD2's

mother about when lie needed to return after
6.
JD2 was held to a different standard than other players

because he
than another player.
On return from a road trip, ID2 was not given a meal like
the rest of the team.
8.
A player's locker items were removed from his locker and

put in another locker while the team was on a road trip.
gi
JD2 was not allowed to have contact with his family after a
game.
JD2 played basketball

. He
. He was then recruited to UWGB and played
during the 201f-20l( and 20l|-20
seasons. JD2 has
I met personally with JD2 and his mother on April 19, 2013 and had a lengthy
conversation with them about their allegations of unfair treatment. My conclusion after speaking
with them, and interviewing other players and coaches on the team, is that most of the
complaints made by JD2 and his mother involve disagreements they had with Coach Wardle
which do not involve verbal abuse or mistreatment. For example:
The claim that JD2 was criticized in connection with

another player leaving the team relates to JD2,s observation
of a copy of a travel roster in Coach Schneider's office that
did not include the other player. JD2 told the player that he
was not on the travel list and lobbied, along with other
players, for him to be put on the travel list. The player
subsequently transferred to another school. Based on
interviews with players and coaches, It is clear that the
other player trattsferred for his own reasons, not because of
29

836
JD2's involvemeDt in the matter. To tlic extent JD2 was

criticized, it was for looking at a document in Coach
Schneider's office that he was not yet authorized to see.
players on the team. The coaches
.TD2 is one of the
i. While he was at
set a1
goal for him
home on a five week break from practice, he
fUflland came back to school substantially over his
JTO's mother was upset that Coach Wardle
. This did not
called her to complain about the
involve verbal abuse of JD2.
2.
imm.
3.
JD2 was
4.
. There was uncertainty as to

. ID2's mother complained
that she did not have good enough communication from
Coach Wardle about when the
so
that .TD2 could
. Although there may have
been a disagreement about a communication issue, this did
not involve abuse of JD2.
As a
HHHimg, JD2 was required to sign written terms and
conditions about his continued participation on the team
and academic effort. JD2 and his mother thought the tenns
and conditions were too strict and were designed for JD2 to
fail. As a practical matter, he remained on the team for the
rest of the season without any other
Under the circumstances, it was reasonable for the
coaching staff to set terms for.TD2's return from
suspension.
Because of the
mentioned above, JD2
was^Hjjjjjjj^l
Another player was suspended for three games for a
different reason. This was a judgment call by Coach
Wardle and the athletic department. There is no merit to
JD2's claim that he was singled out for harsher punishment.
6.
.TD2 said that on the return trip from a game at Valparaiso

that he didn 't receive a meal when meals were distributed
to other players on the team. He says one of the managers
told him that the coaches took it. He never received an
explanation about why he did not receive the meal. Coach
Wardle said he had no recollection of the incident. This
complaint is inconsequential.
30

837
The incident where a player's locker items were moved

from one locker to another did not involve JD2. This
involved the locker move involving JD3, discussed
previously in this report.
g
|, attended a home game

JD2,s mother, who lives
in early February 2013, and planned to spend time with her
son after the garne. After the team lost, Coach Wardle was
upset and told all of the players to return to their rooms,
with no family contact. As a result, JD27B mother was
unable to spend time with her son following the game.
Although some argument might be made about Coach
Wardle's judgment in making tliis decision. JD2 was not
singled out for harsher treatment than the rest of the team,
and his action did not involve abusive behavior.
1 was more concerned with, the allegation that Coach Wardle and the athletic staff did not
respond appropriately to .TD2's
explained that his
. During the interview, JD2

. He takes
started while he attended
are related to
. JD2 and his mother explained that his

He says that he only
During his first season on the UWGB basketball team, JD2 stopped
In a subsequent game, JD2 played poorly in the first half and was criticized by
Coach Wardle at half-time. During the second half, JD2 lost his composure and had to leave the
game. .JD2's mother thought that coach Wardle unfairly treated the incident as a "distraction" to
the team. However, she also acknowledged that Coach Wardle and the athletic staff could not
have known that JD2 had
. Following this incident, Mr. Cleven
with JD2,s consent, took
.. Mr. Cleven then met
personally with JD2 every day to
. As a result, there were
1. Under the circumstances, Coach Wardle,
no further issues with .TD2
31

838
Mr. Cieven, and the athletic department acted appropriately in dealing with JD21s
Most of the players on the team I spoke with were surprised that JD2 complained about
his treatment by Coach Wardle. Although JD2 was a popular player on the team, they also
recognized that he was not a motivated player and was responsible for most of his own problems.
. The consensus among the
including the
players was that he was treated better than most of Ills teammates because he was thought of as a
valuable player.
The comments by Coach Wardle were consistent with .the reactions by the players. When
he recruited JD2, he knew that he was a talented basketball player who had previously had
. He hoped that JD2 would be more successful in a "hands-on program" like
UWGB's men's basketball program. In particular. Coach Wardle disagreed with the accusation
that he did not pay enough attention to JD2,s
He said that he was sensitive to the
issue because he had played with a teammate who
and he did not view JD2,s
as a distractiorL He also disagreed with the claims that the terms of the punishment
for JD2's
were too severe or that the conditions for his return to the team
were unreasonable.
The comments made by JD2 about the hill run incident involving JDl, and Ms commenls
about the coaching style used by Coach Wardle, were relevant to the investigation. However,
JD2 was not singled out for harsher treatment than other players. By all accounts, many of his
difficulties were brought on by his own behavior. Although it is possible to quibble about how
particular incidents were handled, T02 was not treated unfairly.
32

839
Conclusion
It should be clear to anyone who has had the patience to read this entire report that the
facts about the accusations against coach Wardle arc by no means certain. Despite this, it is
possible to draw some conclusions that may assist Chancellor Harden in making decisions about
the future of TJWGB's men's basketball program.
There was no physical abuse of UWGB men's basketball
players by Coach Wardle, the coaching staff, or others
affiliated with the athletic department.
The better evidence is that Coach Wardle did not force JD1
to continue to run hills after it was obvious that he was ill.
This does not, however, excuse his lack of judgment.
Coach. Wardle and Mr. Cieven, the bead athletic trainer,
should have intervened sooner to stop JD1 from
participating in. die hill runs, regardless of whether he
wanted to continue.
The lack of a clear standard for conduct by coaches, and the
sharply disputed facts, make it difficult to evaluate the
charges that Coach Wardle verbally abused the players on
the men's basketball team. In the future, it is important that
UWGB clarify die standard for all of its coaches. The
coaches should know whether they are held to a strict
standard as advocated by die parents of JD1, JD2, and JDS,
or a more flexible "Division I" standard advocated by
Coach Wardle.
Use of certain types of vulgar and obscene language,
particularly language which is homophobic, demeaning to
women, or refers to the sex life of a player, whether
intended as humorous or not, should be regarded as per se
unreasonable. Unfortunately, the facts are unclear about
the extent of Coach. Wardle's use of inappropriate
language. For the future, there should be a bright line rule
which clearly explains that coaches are prohibited from
using inappropriate language.
33

840
I want to thank Chancellor Harden for asking me to conduct this investigation. Among
other things, it helped me perfect the use of the phrase ''no comment." I very much appreciated
the help I received from Chancellor Harden's office staff, who assisted me in the sometimes
difficult task of scheduling interviews. Finally, my thanks to Attorney Sheny Coley frorn ray
office who provided invaluable help in documentmg the interviews and helping me think through
the issues presented by the investigation.
Josep i M. Nicks
Godfrey & Kahn, S.C.
34

841
Witnesses Interviewed
Men's basketball player
April 18, 2013
April 19, 2013
April 22, 2013
April 22, 2013
April 22,2013
April 22,2013
April 23, 2013
April 23,2013
April 23,2013
April 23,2013
April 23, 2013
April 23, 2013
Men's basketball, player
April 29, 2013
April 29,2013
April 29, 2013
Men's basketball coach.
April 29, 2013
Student manager
April 30, 2013
Colin Schneider
Assistant basketball coach
April 30, 2013
Jimmie Foster
Assistant basketball coach.
April 30, 2013
Brian Barone
Assistant basketball coach
April 30, 2013
Jeremy eleven
Head Athletic Trainer
April 30, 2013
KeuBothof
Athletic Director
May 1, 2013
Michael DeLong
Strength and conditioning coach
May 1,2013
Amy Van. Oss
Academic advisor
May 2,2013
Brian Wardle
Head basketball coach
May 3, 2013
Chrys Cornelius
9429825J

842
/a
rl
paw
Boy Phoanlx
Doparimsnt of Alhlclics
2420 Nlcolst Drive
Greart Bay. W) S4311-7001
p: Q2Q.ABS.2W
02O.4S5^S2
uwgbalhlBl]cs@twgb,BcJu
uwsbaihlBlles.com
GREEN BAY ATHLETICS

MISSION AND EMPHASIS STATEMENT
The Intercollegiate Athletics Department is intended to be an

integral component of the educational mission of the University. The
Athletics Department is managed consistent with the mission and
focus of the University, The University mission offers a context for
how the program prepares students to develop critical thinking and
problem-solving skills, to practice learning as a life-long activity, to
be engaged and contributing citizens, and to enhance the position
and image of the University locally, regionally, and nationally.
The program will be administered in a manner to ensure the
amateur nature of athletics by responsibly, honestly and effectively
recognizing and communicating that student-athletes are, first and
foremost, students who possess academic abilities and attain
personal growth objectives. The student shall be accorded due
respect as a person and is expected to reflect the high academic and
behavioral standards of the University. Intercollegiate athletics
strives for success in competition while continuing to attract and
retain students who succeed academically and athletically and
whose careers after graduation are a tribute to them, UW-Green Bay
arid society.
The Intercollegiate Athletics Department embraces the Horizon
League principles of sportsmanship and ethical conduct; is
committed to the concept of equitable opportunity for all students
and staff regardless of gender or ethnicity; and is administered to
substantiate compliance with the University of Wisconsin Systerm,
UW-Green Bay, the National Collegiate Athletic Association and the
Horizon League rules and regulations, which ensure institutional
control and integrity.
UNivxRsrryc/WiBcoHSiN
GREEN B AY
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8/24/2016
WCPO
Northern Kentucky University names Ken Bothof new athletic director - Story
Case: 2:16-cv-00028-WOB-JGW
Doc #: 70-2 Filed: 09/06/16 Page: 68 of 76 - Page ID#:
845
TRAFFIC 3
WEATHER
ALL SECTIONS
mn
INSIDER
Northern Kentucky University

names Ken Bothof new athletic
director
I PLAINTIFF'S
"
EXHIBIT
BY: Brian Mains, WCPO Digital
POSTED: 3:36 PM, Jun 26, 2013
UPDATED: 10:52 PM, Aug 18, 2013
HIGHLAND HEIGHTS - Northern Kentucky University named Ken Bothof as the school's new
athletic director.
NKU President Geoffrey Mearns made the announcement Wednesday
Bothof has been the athletics director at the University of Wisconsin-Green Bay since 2002.
"This is an exciting time to be a part of this university and its athletics program, and we're
excited to welcome Ken," Mearns said. "What he has accomplished at Green Bay is very
impressive. He has positioned the University of Wisconsin-Green Bay for great success both
within the Horizon League and on the national stage. Our transition to Division I has gone
more smoothly than we anticipated. With Ken on board, I know that our best days are ahead of
us."
According to a biography on GreenBayPhoenix.com, the official website for UW-Green Bay
athletics, Bothof served on an $11 million capital campaign on a $33 million renovations and
expansion of the Phoenix Sports Center on the UW-Green Bay campus.
He also developed a plan to expand outdoor soccer and softball facilities at the university,
according to the website.
Bothof is known for his management of the UW-Green Bay's athletic budget, and financial
growth, according to Mearns.
In May 2008, UW-Green Bay Chancellor Bruce Shepard said, "My best move was to hire Ken
Bothof, and in the first year, he had the program running in the black again. Every year, he's
been able to increase investments in the athletic program because of the community support."
http://www.wcpo.com/news/region-northern-kentucky/northern-kentucky-university-naines-ken-bolhof-new-athletic-director
1/2
8/24/2016
Northern Kentucky University names Ken Bolhof new athletic director - Story
Case: 2:16-cv-00028-WOB-JGW
Doc #: 70-2 Filed: 09/06/16 Page: 69 of 76 - Page ID#:
Bothof replaces Scott Eaton as the permanent 846
NKU athletic director, after Eaton was fired in
March following an investigation that revealed several intimate and inappropriate

relationships between Eaton and four employees, as well as one student.
Eaton is also accused of mishandling between $iooJooo-$i50,ooo during his time at NKU.
Under his tenure, Eaton also lead NKU into its first season as an NCAA Division i school.
"I want to thank President Mearns and the university community for the confidence they have
placed in me to lead NKU during this exciting time in the university's history," Bothof said. "I
look forward to working through this transition. There is a great opportunity for success in the
future of Division I athletics. The move to Division I is a big move. It's a big step up, and it's
going to be challenging and exciting all at the same time."
Copyright 2013 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or
redistributed.
http://www.wcpo.com/news/region-northern-kentucky/northern-kentucky-university-names-ken-bothof-new-athletic-director
2/2

847
KYIBRS REPORT
KSP RECORDS
COMMONWEALTH OF KENTUCKY
0190600 NEWPORT POLICE DEPARTMENT
AGENCY ORMWME
INCIDEWT DATE/TIME
03/19/2016 01:15 TO 03/19/2015 01:45
REPORT PATE | RECEiYED
ESTIMATE
| DISPMCHED
16:45
03/25/2016
ARRIVED
16:45
17:45
HOW REPORTED
LICENSE/ID NUMBER:
OH
LICENSE/IO STATE:
CLEARED
16:45
HALCOMB, HALEY E
ÊPORTEO BY:
KY 16007930
INCIDENT NUMBER
EXACT/ESTIMATE
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OFFENSE
CODE:
CAMPUS?
COUKIORDER
TYPE:
NOT APPLICABLE
SEQUENCE H
41071
PEG I 5.627 MIN [LONQITUOB | 84 DHQ | 29.786 MIN
HIGHWAY/ROAD/ALLEY (IHCIUDES STREET) TYPEWEAfo.N/FOKCEINVOLVED
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COURT ORDER
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TYPE OF LOSS
VALUE
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RECVRD VALUE
DATE RECOVERED
OWNER APPLEO NUMBER
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SERIAL NUMBER
MAKE
TOTAL STOLEN
VALUE:
$0.00
INCIDENT STATUS
CLOSED DATE
CLOSED
04/02/2016
OWNER
MODEL
TOTAL RECOVERED
VALUE:
CLEARANCE TVre
$0.00
TOTAL VEHICLES
STOLEIl:
CLEARED EXCEPTIONAL LY
TOTAL VEHICLES
RECOVERED:
SUBMimNG OFFICER
INVESTIGATING OFFICER
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REVIEWED BY
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M MCKINLEY
0241
H DAY
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Incident Number:
EX CLEARANCE DATE |JCn REPORTING FOR OTHER AGENCY
<
Page
DATE RECOVERgO
8 uis
WWE
OWNER
16007930
1hrs
Agency ORI: 0190600
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Badge #:
PLAINTIFF'S
EXHIBIT
3 J"
/
TIME SPENT
!/?</ a
0241

848
KYIBRS REPORT
KSP RECORDS
VICTIM NAME
VICTIM SEQUENCE
of
LICENSE/ID STATE:
Add'tsf
LWtnawft
UCENSS/ID NUMBER:
VICTIM TYPE: INDiWO
j ADDRESS:
STATE:
CITY:
DATE OF BIRTHT
SSN
<
<
O
g NDR
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PHONE
HAUCOMB, HALEY E
HEIGHT
Y/EIQHT
5' 04"
150 lbs
ZIP CODE:
HAJR COLOR
GREEN
BLOND OR STRAWBERRY
GENDER
FACE
ETHNIC ORIGIN
FEMALE
WHITE
NOT HISPANIC
[crromr
VICTIM RELATIONSHIP TO OFFENDER VICTIMVWS
NDR
"BrFEHaEiT
RESIDENT
KY RESIDENT:
Prt COLOR
VICTIM RELATIONSHIP TO OFFENDER. VICTIMWAS
PEACE OFFICER?
YES Q
NQR
INJURY TVPE
ACQUAINTANCE
ACQUAINTANCE
T" APPARENT MINOR INJUR
ACQUAINTANCE
ACQUAINTANCE
VICTIM OF OFFSNSE(S)
POSS INT. INJURY
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ACC ASSAULT/HOMICIDE ClfIC
01709,00796
LEOKA ASSIGNMENT
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SUSPECTSEQ./
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LEOKA ACTIVITY
JOHNSON, TODD LI!
\RRESTE0? ARREST DATE

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ALIAS:
LICENSE/ID NUMBER:
LICEMSE/IO STATE:
DATE OF BIRTH-
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NOT HISPANIC
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HEIGHT
WEKSHT
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-170 lbs BROWN
GARRETT, JEFFERYLJR
VRRESTED? ARREST DATE

YES Q
LICENSE/ID STATE:
LICENSE/ID NUMBER:
Ul
Ul ADDRESS
DATE OF BIRTH: |
STATE:
tO CITY:
III
PHONE:
KY RESIDENT:
RESIDENT
ZIP CODE:
X
SSN
<
P
O
ARRESTEESEQ./
of
RACE
SEX
MALE
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ETHNIC ORIGIN
BLACK
MJCHPLe ARREST IND.
NOT HISPANIC
6' 07"
EYE COLOR
WEIGHT
205 lbs BROWN
HAIR COLOR
BLACK
RELATED CITATION NUMBERS
WITNESS NAf.lE
< WfTNESSSEQUENCE
<
HCIGWT
/WREST TYPE
ARRESTEE ARMEDWTTH
PKONE
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W
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ALIAS:
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HAIR COLOR
EYE COLOR
RELATED CITATIONNUMBERS
ARRESTTYPE
ARRESTEE ARMEDWITH
CO
RESIDENT
ETHNIC ORIGIN
MULTIPLE ARREST INO.
| KY RESIDENT:
[ZIP CODE:
RACE
SEX
PHONE:
LICENSE/IO STATE:
LICENSE/ID NUMBER:
i
UJ
DATE OF SIRTH
g ADDRESS:
STATE:
^ CITY:
Page
of
Incident Number:
16007930
ZIP CODE:
SSN:
Agency ORI: 0190600
Badge#:
0241

849
KYIBRS REPORT: OFFENDER SUPPLEMENT
KSPRECORDS
SUSPECT SEQ./
of
UWE:
BRYANT-GODFREY.JAREDA
\RRESTE07 ARREST DATE
vesQ
ALIAS:
LICENSE/ID STATE:
LICENSE/ID NUMBER:
ADDRESS
CITV:
DATE OP BIRTH
STATE:
SSN
SEX
RACE
MALE
AFRESrEESEQ-f
NOT HISPANIC
of
6' OB"
250 ibs BROWN
HAIR COLOR
BLACK
&
WRESTED? ARREST DATE
ALIAS:
YES
LICENSE/ID STATE:
LICENSE/ID NUMBER:
ADDRESS
DATE OF BIRTH:
STATE:
CITY:
SSN
SEX
HEIGHT
WEIGHT
6' 02"
155 lbs BROWN
ARREST TYPE
EYE CULOR
HAIR COLOR
BLACK
of
lit
KY RESIDENT:
RESIDENT
ETHNIC ORIGIN
NOT HISPANIC
BLACK
MULTIPLE ARREST IND.
PHONE;
jZIP COOE".
j
RACE
MALE
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LU
EYE COLOR
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MME-
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ARRESTEE ARMED WITH
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ARRESTTYPE
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SUSPECTSEQ,/
KY RESIOENT:
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ETHNIC ORIGIN
BLACK
ÂJLTIPLE ARREST INC.
PHONS:
ZIP CODE:
ARRESTEE ARMED WITH
LU
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SUSPECT SEQJ
NAME:
ARRESTED?
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ALIAS:
YES
LU
LICENSE/ID STATE:
in
ADDRESS
LICENSE/ID NUMBER:
DATE OF BIRTH:
CITY:
SEX
ETHNIC ORIGIN
RACE
MULTIPLE ARREST IIIO.
Of
ALIAS:
LICENSE/ID NUMBER:
STATE:
SEX
MULTIPLE ARREST INO.
Incident Number: 16007930
KY RESIDENT:
HEIGHT
WEIGHT
EYE COLOR
HAIR COLOR
ARRESTTYPE
ARRESTEE ARMED WITH
PHONE:
ZIP COOE:
ETHNIC ORIGIN
RACE
Of
of
8
7
DATE OF BIRTH:
AnilliSTEGSEy.l
KAIR COLO.5?
YES
CITY:
EYE COLOR
ARRESTED? ARREST DATE
LICENSE/IO STATE:
Page
WEIGHT
ADDRESS
SSN
KY RESIDENT:
RELATED CITATIONNUMBERS
ARRESTEE ARMED WITH
MAAIE;
HEIGHT
ARREST TYPE
of
5USPECTSE0.#
PHONE:
ZIP CODE:
STATE
SSN
ARResTEesEq.i
ARREST DATE
Agency ORI: 019Q6Q0
Badge#:
0241

850
KY1BRS REPORT: U0R2 SUPPLEMENT
KSP RECORDS
COMMONWEALTH OP KENTUCKY
SYNOPSIS:
Complainant stated, on 03/19/2016, listed suspects assaulted her while she was getting on a bus, in the 10
Block of E. 3rd Street. Complainant stated, at approximately 0130 hours, after leaving the Thompson
House, 24 E. 3rd Street, from a IKE party, she was pushed from behind, causing her to fall down on the
stairs of the bus. Complainant stated, after she turned around to determine who pushed her, suspect #1
grabbed her right breast and started pulling and squeezing, causing pain, and refused to let go.
Complainant stated, she punched suspect #1 in the face in order to make him let go of her breast
Complainant stated, all 4 suspects then began punching her with closed fists, on her legs, stomach and
ribs. Complainant stated, while the 4 suspects continued to strike her with closed fists, an unknown person
pulled her up from the assault and brought her to the rear of the bus for safety. Complainant stated, TKE
President Dalton, did not allow the 4 suspects to get on the bus and placed them in a cab. Complainant
stated, she received internal bruising and a fractured rib from the assault. Complainant stated, she fears
seeking criminal charges will have repercussions due to all 4 suspects are on the Northern Kentucky Men's
Basketball Team.
MODUS OPERANDI:
DATE & TIME OF OCCURRENCE:
ACCUSED:
SUSPECTS:
STOLEN PROPERTY:
OTHER PROPERTY:
EVIDENCE & HCWMARKEO:
EVIDENCE DISPOSITION:
INVESTIOAnoN:
STATUS OF CASE:
ATTACHMENT
Page
of
Incidenl Number:
16007930
Agency ORIi 0190600
Badge#:
0241

851
iWhKENTUCKY
COURT OF JUSTICE
15-T-07233
COMMONWEALTH VS. JOHNSON, TODD L

CAMPBELL DISTRICT COURT
Filed on
11/29/2015 as TRAFFIC with HON. KAREN A. THOMAS

01/11/2016 by HON. KAREN A. THOMAS
Disposition on
**** NOT AN OFFICIAL COURT RECORD ****
15-T-07233
ARRSTDT = 11/28/2015 PD IN FUL L
15-T-07233
Parties
JOHNSON, TODD L as DEFENDANT / RESPONDENT

DOB: 09/17/1993
DLN: 3430575916 OPERATOR'S LICENSE - INDIANA Race: B Sex: M Hispanic. N Eye Color: BN Hair Color: BK
Baif Bonds
v.
PERSONAL RECOGNIZANCE for $0.00 set on 11/28/2015 and posted on 11/28/2015

MAKE ALL COURT DATES
Address
710 SOUTH 9TH ST
ELKHART IN 46516
CONRAD, E., as COMPLAINING WITNESS
BENDER, J. DAVID as ATTORNEY-PRIVATE
Addres8
P.O. BOX 75346
FT. THOMAS KY41075
BENTON, FRANK V. V, as COUNTY ATTORNEY
Address
528 OVERTON ST
NEWPORT KY 41071
Charges
15-T-07233
REAR LICENSE NOT ILLUMINATED - 186.170

CHARGE 1 ORIGINAL 0002070
Charged on 11/28/2015 by citation 5N2053991-1
DISMISSED Disposition on 01/11/2016
by NO TRIAL
MERGE
OP MV UNDER/INFLUENCE OF ALCOHOL/DRUGS, ETC. .08 1ST OFF - 189A.010(5)(A)

Charged on 11/28/2015 by citation 5N2053991-2
Blood Alcohol Level of 0.154
GUILTY
CHARGE 2 ORIGINAL 0021080
Disposition on 01/11/2016 by NO TRIAL
PLAINTIFF'S
EXHIBIT
Vhrf/L
DUIOL Susp for 90 DAYS

Sentenced on 01/11/2016 fine amount of $200.00 cost amount of $519.00
Documents
15-T-07233
EXHIBIT filed on 01/11/2016
#1-PHOTO
NOTICE FOR ALCOHOL/DRUG REFERRAL filed on 02/02/2016
NOTICE FOR ALCOHOL/DRUG REFERRAL filed on 02/02/2016
COMPLIANT
GUILTY PLEA FORM - DUI filed on 01/11/2016
MISCELLANEOUS filed on 01/11/2016
LETTER FROM CSAS-COMPLETED CLASSES.

RETURN OF SUBPOENA filed on 12/29/2015
OFF CONRAD
8/24/2016
50646

852
NOTICE - OTHER filed on 12/29/2015
AMENDED NOTICE OF SUPP. HEARING
ENTRY OF APPEARANCE filed on 11/30/2015
Events
15-T-07233
SUPPRESSION HEARING scheduled for 01/11/2016 11:00 AM in room D2 with HON. KAREN A. THOMAS
: Super Memo
01/11/2016 MOTION MOTION TO SU PPRESS BY ATTORNEY-PRIVATE CMNWLTH OflJECTS DENIED 01/11/2016 C HG:2 OP MV
UNDER/INFLUENCE OF ALCOHOL/DRUGS, ETC. .08 1ST OFF; CIT# :5N2Q53991 -2 PLEA GUILTY, FINDING - GUILTY NO TRIAL
SENTENCE DE TAILS - SEN DATE =01/11/2016 JUDGE- HON. KAREN A. THOMAS SENNUM = 1 SENTENCE MONEY - NETA
MOUNT: $719.00 (ASSESSED $719.00) ; SENTENCE OTHER OPTIONS - ADE{COMPLETED} CRT HAS LICNYES D
OT/ABSTRACT GENERATED 90 DAYS, TRANSFER CRT DISTRICT COURTROOM 2 WITH THOMAS, HON. KAREN A.04 /27/2016
10:01 AM SHOW CAUSE HEARING ADD DOCUMENT GUILTY PLEA FORM - DUI ATTYPresent APR BEN DER, J. DAVID BEND3D ;
Def Present
PRETRIAL CONFERENCE scheduled for 12/17/2015 01:30 PM in room D2 with HON. KAREN A. THOMAS
Super Memo
12/17/2015 ATTY PRESENT APR B ENDER, J. DAVID BENDJD ; D EF PRESENT TRANSFER CRT DISTRI CT COURTROOM 2 WITH
THOMAS, HON. KAREN A. 01/05/2016 02:30 PM SUPPRESSIONHEARING
Motions
MOTION TO SUPPRESS filed on 12/07/2015 by APR
MOTION FOR DISCOVERY AND INSPECTION filed on 11/30/2015 by APR
ARRAIGNMENT scheduled for 11/30/2015 09:00 AM in room D2 with HON. KAREN A. THOMAS
Super Memo
11/30/2015 ATTY PRESENT ATTORN EY PRESENT BENDER, J. DAVID ATTORNEY-PRIVATE DEF PRESENT CHG:1RE AR LICENSE
NOT ILLUMINATED; CIT#:5N2053991-1 CHG:2 OP MVUNDER/INFL UENCE OF ALCOHOL/DRUGS, ETC. .08 1ST OFF;
CIT#:5N2053991 -2 PLEA NO TGUILTY TRANSFER CRT DISTRICT C 0URTR00M 2 WITH THOMAS, HON. KAREN A.
12/17/201501:30 PM PRETRIAL CONFERENCE
Motions
MOTION TO SUPPRESS filed on 01/11/2016 by APR
Cmnwlth Objects
Images
7233
There Bre no images found for this case.

* * * * End of Case Number : 15-T-07233 * * * *
8/24/2016
50646

853
NKU basketball player suspended indefinitely after DUI arrest

i thenortherner.com
v ' : i - r s f t e r - i ^ j
12/2/2015
NKU senior basketball player Todd Johnson was suspended from the team indefinitely by the university following his
DUI arrest by Highland Heights police Saturday morning.
According to the arrest report, Johnson was pulled over at 1:18 a.m. Saturday morning. The officer noticed Johnson
driving down Nunn Drive unable to maintain his own lane.
Johnson's blood-alcohol level was 0.154. The legal limit In the state of Kentucky is 0.08.
He was arrested for operating a motor vehicle under the influence of alcohol/drugs. He was transported to the
Campbell County Detention Center.
According to Assistant Athletic Director Bryan McEldowney, Johnson has been suspended indefinitely for a violation
of athletic policy and team rules.
Johnson did not play in Monday's 74-63 loss to North Carolina A&T. He averaged 15.8 minutes per game in NKU s
first four games of the season. He averaged 1.8 points per game.
PLAINTIFF'S
EXHIBIT
K ZfrcL.
1/1

NKU Athletic Director Ken Bothof Deposition

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NKU Athletic Director Ken Bothof Deposition

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Case: 2:16-cv-00028-WOB-JGW Doc #: 70-2 Filed: 09/06/16 Page: 1 of 76 - Page ID#:

Case: 2:16-cv-00028-WOB-JGW Doc #: 70-2 Filed: 09/06/16 Page: 2 of 76 - Page ID#:

of lawful age, a Witness herein, being first duly

sworn, as hereinafter certified, was examined and

A. I taught and coached for six years.

A. Ken Bothof, 13882 Alexandria Pike,

Q. Would you state your name and your

A. Buena Vista University in Storm Lake,

A. Three years in Storm Lake, Iowa and

Number one, any time you want to take a break, tell

questions aren't clear, simply tell me and I'll

Q. Before I go any further, a few rules.

Q. And what year did you graduate?

Q. With a degree in?

Q. And if I ask you a question and you

Q. Did you get a master's?

Q. A little different from Iowa, don't

Q. And that will happen the longer the

answer it, I'm going to presume you understood it.

assistant athletic director. I was hired out of my

Q. In the sports realm, did you teach

internship as the assistant athletic director there.

A. No, I did not coach. I was an

high school or college in Storm Lake and Dennison?

A. I taught at the elementary level. I

were you terminated?

Q. And then after those years, six, I

within college athletics.

Q. And then did you quit that job or

Q. And where did go from there?

Q. And while you were going to school

A. I went to Idaho State University in

another opportunity, does that mean you quit San

Q. So when you said you decided to take

A. No, not that I remember anyway. If

associate athletic director at Idaho State

Q. AH right. Because it's expensive to

Q. Did they pay you for that?

A. Hence, why I relocated.

Q. I understand that, but did you ~

Q. Uh-huh. So how long did you say out

A. Five to six years, about 1985 to

A. I would have resigned from San Jose

1990, somewhere in there.

Q. And when you accepted a job at Idaho

Q. And I imagine you coached there.

State University what position was it?

LAMPKE COURT REPORTING, INC. 859 261-5544

Case: 2:16-cv-00028-WOB-JGW Doc #: 70-2 Filed: 09/06/16 Page: 3 of 76 - Page ID#:

responsibilities over the external operations area

external operations, but also was able to take on

there and also compliance.

development responsibilities as well in that

A. At the time, they would have been

Q. Does development mean recruiting?

classified as 1AA. Now, it's known as the PCS,

A. No, it means fundraising.

Q. Okay. Is that a Catholic

Football Championship Subdivision.

light and she's going to get mad at you.

THE WITNESS: Speak up?

Q. Yeah. And how long did you stay

A. Prom 1990 to, I believe it was the

years, until January of 2002.