Syracuse Asst. Coach Bernie Fine Fired Amid Child Sex Abuse Probe(CASE CLOSED)

[MuffyBee]

http://espn.go.com/mens-college-basketball/story/_/id/7863491/judge-weighs-dismissing-jim-boeheim-defamation-suit
Judge to decide on Jim Boeheim suit
April 27, 2012

SYRACUSE, N.Y. -- A judge hearing arguments on a motion to dismiss a defamation lawsuit against Syracuse University and men's basketball coach Jim Boeheim said Friday that he expects to announce a decision in two weeks.

Former team ballboys Bobby Davis and Mike Lang claim that Boeheim slandered them when he said they were out for money by accusing assistant coach Bernie Fine of sexually abusing them more than 20 years ago. When the allegations surfaced in November, Boeheim vehemently supported Fine, a friend for more than 40 years. He told ESPN that Davis was telling "a bunch of a thousand lies" and called him an opportunist looking to cash in on the publicity surrounding the Penn State sex abuse scandal.

Lawyers for the coach and university say Davis and Lang are distorting Boeheim's statements by taking them out of context. They argue the comments were not statements of fact but were opinion tinged with hyperbole, sarcasm and rhetoric, and therefore protected under law.
More...

[MuffyBee]

http://www.9wsyr.com/news/local/story/Defamation-hearing-against-Boeheim-SU-to-be-held/ep3Ai1nIkUKstiqMnCuLWw.cspx
Defamation hearing against Boeheim, SU to be held Friday
April 26, 2012

Syracuse (WSYR-TV) -- Lawyers for Jim Boeheim and Syracuse University (SU) will ask a State Supreme Court judge to dismiss a lawsuit against them on Friday.
 ::snipping2::
The hearing starts at 2 p.m. We’ll have complete coverage of the hearing beginning at 5 p.m. on NewsChannel 9, as well as right here on 9WSYR.com.
 ::snipping2::

[Toler]

Judge tosses defamation suit v. Syracuse, Boeheim

A judge on Friday threw out a defamation lawsuit brought against Syracuse University and men's basketball coach Jim Boeheim by two men who said the Hall of Fame coach slandered them when he said their accusations of sexual abuse against former associate head coach Bernie Fine were driven by greed.

Two former team ball boys, Bobby Davis and Michael Lang, accused Fine of sexually abusing them more than 20 years ago.

When the allegations surfaced in November, Boeheim vehemently supported Fine, a friend for more than 40 years and his assistant for 35-plus seasons. Boeheim told ESPN that Davis was telling "a bunch of a thousand lies" and called him an opportunist looking to cash in on the publicity surrounding the Penn State sex-abuse scandal.

Supreme Court Justice Brian DeJoseph, a graduate of Syracuse University and its law school, ruled Friday that Boeheim's comments were not statements of fact but were opinions that are protected from defamation suits.

"The content, tone and purpose of Boeheim's statements would clearly signal to the reasonable reader that what was being said in the articles published in the days after the initial ESPN report were likely to be an opinion — a biased, passionate, and defensive point of view of a basketball coach — rather than objective fact," DeJoseph wrote in his 30-page decision. "It is clear to this court that Boeheim provided a factual basis for his opinion. He provided a ... reasonably accurate version of those facts."

Davis, 40, and Lang, 45, hired high-profile attorney Gloria Allred and filed the lawsuit in late December. Late Friday, Allred vowed to appeal the ruling

"When Bobby Davis came forward years ago and complained about sexual abuse he was ignored," Allred said in an email statement. "When the allegations were made public he was attacked. It is difficult enough for victims of childhood sexual abuse to come forward. This decision sends the message that you can attack the alleged victim and call him a liar with impunity. It makes it even harder for victims to come forward."  ::snipping2:: 

http://news.yahoo.com/judge-tosses-defamation-suit-v-syracuse-boeheim-193818395--spt.html

[MuffyBee]

http://deadspin.com/5910174/bernie-fines-wife-is-making-a-major-announcement-on-wednesday-in-a-castle-outside-syracuse
Bernie Fine’s Wife Is Making A "Major Announcement" On Wednesday In A Castle Outside Syracuse
May 14, 2012

Pictured is Belhurst Castle in Geneva, N.Y. Not a terribly inviting place. Nonetheless—or perhaps therefore—Laurie Fine, wife of accused molester (and former Syracuse assistant basketball coach) Bernie Fine, will speak there on Wednesday.
 ::snipping2::
(Full press release at link)

[MuffyBee]

http://www.cnycentral.com/news/story.aspx?list=~\news\lists\entertainment&id=753905   
Belhurst Castle does not know why Laurie Fine picked them
by Matt Mulcahy
May 15, 2012


Laurie Fine  / photo: Rick Policastro
The Finger Lakes resort hosting a news conference for Bernie Fine's wife was not aware of who she was when she booked the space.


GENEVA, NY -- The management at Belhurst Castle had no idea who Laurie Fine was or why she was booking their space when she scheduled a news conference for Wednesday morning.

"When Belhurst Castle agreed to the press conference, we were not aware of the ins and outs of the press conference or who this person was,"  said Kelly Towers Belhurst Castle Dining and Lodging manager. "Now we're a little reluctant - but, we're going to let it fly."
 ::snipping2::
Speculation is running on why Fine selected Belhurst Castle.  Her attorney, Lawrence Fisher, announced the relevance of the location will be apparent when he sends out a statement Wednesday morning.

There has been talk among Syracuse University insiders that Laurie Fine is interested in writing a book.   She has been a central figure in the controversy that led to the dismissal of her husband Bernie Fine.  The release of the audiotape of her conversation with Bobby Davis was the key element that led to Syracuse University Chancellor Nancy Cantor firing her husband.
 ::snipping2::

[MuffyBee]

http://www.cnycentral.com/news/story.aspx?id=753673
Laurie Fine to speak out on 'scandalous lies' in Bernie Fine scandal
by Kristy Smorol
May 14, 2012

 ::snipping2::
Bernie's wife, Laurie, is planning to speak out on Wednesday about what her lawyer calls "scandalous lies." A news conference is scheduled for 11am Wednesday at Belhurst Castle in Geneva.

CNYCentral's Michael Benny spoke with Laurie Fine's attorney Lawrence H. Fisher, who is an attorney from Pittsburgh, PA. Fisher told Benny, "Laurie Fine may be joined by some of her friends and family members when she makes a public statement Wednesday." Fisher's legal biography indicates he is a litigation strategist, with a range of experience in civil rights matters, commercial litigation, entertainment law and other complex disputes.
 ::snipping2::
Michael Benny asked Fisher if Laurie Fine will be filing a lawsuit on Wednesday. Fisher said, "I leave it for you to deduce why she hired an attorney?" Fisher was vague when asked about the location for Wednesday's announcement, saying it will be made clear when Laurie Fine breaks her silence.

Benny pointed out to Fisher that Belhurst Castle is considered by many to be haunted. Fisher responded, "How appropriate given the nature of this case." As for when Fine hired Fisher, and why she chose an out of state attorney, Fisher would only say that he was retained by Fine "a few months ago."

Laurie Fine was thrust into the center of the scandal after ESPN released a taped phone conversation between her and Bobby Davis, who accused Bernie Fine of sexual abuse. In the tape, Laurie seems to acknowledge the abuse, and says "Bernie has issues." The day that tape came out, Bernie Fine was fired from his job as associate head basketball coach at Syracuse University.

Bernie Fine has denied any wrongdoing, and no charges have been filed against him. The federal investigation continues.
 ::snipping2::

[MuffyBee]

http://www.youtube.com/watch?v=EpJn_vVebso
Laurie Fine recorded phone conversation
Uploaded by CNYCentralNews on Nov 27, 2011

A review of the tape recordings from ESPN of Bobby Davis talking to Laurie Fine on the phone from 2002


http://www.youtube.com/watch?v=dpCz6P8HLBo
Joel Kaplan on Laurie Fine tape
Uploaded by CNYCentralNews on Dec 2, 2011

Communications Law professor, Joel Kaplan, at the SI Newhouse School of Public Communications discusses the Syracuse University's 2005 investigation into accusations that Bernie Fine sexually abused three boys.

[MuffyBee]

http://www.9wsyr.com/news/local/story/Venue-hosting-Laurie-Fine-news-conference-says-it/jgnKIfaK2025nY16nCWJ4g.cspx
Venue hosting Laurie Fine news conference says it’s neutral
May 15, 2012


Geneva (WSYR-TV) – The manager at a dining and lodging facility that will host a press conference with Laurie Fine on Wednesday says that it holds no position on the wife of former Syracuse University basketball assistant Bernie Fine.

On Monday, Laurie Fine’s attorney – Laurence Fisher – issued a release saying that his client would make an announcement at Belhurst Castle in the Finger Lakes community of Geneva on Wednesday morning.

You can see the news conference live on our Digital Channel 9.2. We'll also be streaming the conference live on 9WSYR.com/Live.
 ::snipping2::
Video at Link

[MuffyBee]

http://www.syracuse.com/news/index.ssf/2012/05/laurie_fine_to_sue_espn_for_li.html?utm_source=dlvr.it&utm_medium=twitter
Laurie Fine to sue ESPN for libel, says the network "spitefully destroyed" her reputation
By John O'Brien / The Post-Standard
May 16, 2012

Geneva, N.Y. -- Laurie Fine will announce this morning that she's filing a federal libel lawsuit against ESPN over its reporting of child-molesting accusations against her husband, fired assistant Syracuse University basketball coach Bernie Fine.

Fine's lawyers provided the 44-page lawsuit to The Post-Standard this morning, in advance of her news conference at Belhurst Castle, a swanky hotel in Geneva, 50 miles west of Syracuse.

The lawsuit accuses ESPN, reporter Mark Schwarz and producer Arty Berko, of irresponsibly reporting the allegations against Bernie Fine and taking Laurie Fine's words out of context to cast her in a false light.

The lawsuit says ESPN, Schwarz and Berko "spitefully destroyed Laurie Fine's reputation in an attempt to capitalize financially in the wake of the Penn State sex abuse scandal."

The defendants published false and defamatory information about Laurie Fine, including that she created "a space in which children could be sexually molested in secret," and that she witnessed her husband molesting children but did nothing to stop him, the lawsuit said.

Laurie Fine "has been forced to sell her family home...to escape the predictable aftermath of the defendants' continued malicious publication of certain false and defamatory statements," the lawsuit said. It said, Bernie Fine "has already moved to another state to escape the same."
 ::snipping2::
Laurie Fine's lawsuit claims ESPN took her comments in a tape-recorded phone conversation with Davis out of context to cast her in a false light. Davis secretly recorded the phone call in October 2002. On the recording, Laurie Fine didn't deny Davis' allegations that Bernie Fine molested him. In the recording, Laurie Fine says her husband needed help and that he thought he was above the law.

ESPN used excerpts from the phone conversation to imply that she was having sex with Davis - which Laurie Fine denied in the suit - and that she did nothing to stop her husband, the lawsuit said.
 ::snipping2::
SU fired Bernie Fine on Nov. 27, the same day that ESPN and later The Post-Standard published excerpts from the call between Davis and Laurie Fine.

After that, Laurie Fine also was thrust into the national spotlight when Davis filed an affidavit in a slander suit against SU head coach Jim Boeheim. In the document, Davis claimed that in the 1990s Laurie Fine had sex with SU basketball players, gave them gifts, lent them money and her car, and did a player’s laundry.

Two of the four players whom Davis alleged had sex with Laurie Fine have told The Post-Standard it was not true. The others could not be reached.

Laurie Fine denied in her suit that she had sex with SU players.
 ::snipping2::
Laurie Fine's lawsuit also cites ESPN's involvement in connecting Davis to another Bernie Fine accuser, Zach Tomaselli. After the allegations by Davis and Lang became public, Tomaselli called ESPN and Schwarz put him in touch with Davis, the lawsuit said.
 ::snipping2::
Federal prosecutors, Syracuse police and the Secret Service are investigating the allegations against Bernie Fine, who has not been charged and has denied all wrongdoing.
Bernie Fine, 66, is not a plaintiff in the suit, which names only ESPN, Schwarz and Berko as defendants.

The lawsuit accuses the defendants of libel -- a claim that will require Laurie Fine to prove ESPN published false information about her. She will have to show the information was published with fault, the standard for which is different depending on whether she's considered a public figure, according to legal experts.

If she is found to not be a public figure, she would still have to demonstrate that ESPN published the information with "gross irresponsibility," the experts said. That would include a showing that ESPN made a gross departure from journalistic standards in publishing the information, the experts said.

If she's found to be a public figure, the standard of proof would be higher for her -- that ESPN published the information with malice and reckless disregard for whether it was true, experts said.

Copy of Laurie Fine VS ESPN Doc at link

[MuffyBee]

http://www.9wsyr.com/content/news/breakingnews/lauruie-fine-espn-lawsuit/DaVPcvnRwkm-I6Pqx2Hydg.cspx
Laurie Fine to sue ESPN, reporter for libel
May 16, 2012


Geneva (WSYR-TV) - Attorneys representing Laurie Fine announced on Wednesday morning that their client - the wife of former Syracuse University men's basketball assistant coach Bernie Fine - will sue ESPN and ESPN reporter Mark Schwarz for libel.

An 11:00 a.m. news conference is scheduled with Laurie Fine and her attorneys at Belhurst Castle in Geneva. You can see the news conference live on our Digital Channel 9.2. We'll also be streaming the conference live on 9WSYR.com/Live.

The legal complaint says the following:

This Complaint for Libel arises from Defendant ESPN’s coverage of Robert Davis’ uncorroborated attack upon Plaintiff Laurie J. Fine. Through this coverage, ESPN, acting by and through its agents and employees, including Defendants Mark Schwarz and Arthur Berko, spitefully destroyed Laurie Fine’s reputation in an attempt to capitalize financially in the tragic wake of the Penn State Sex Abuse Scandal. Defendants have ruined Laurie Fine’s reputation by maliciously publishing false and defamatory factual accusations.
More...
At Link:
   Document: Laurie Fine's lawsuit (290.4KB)

Raw Video: Laurie Fine's attorneys discuss lawsuit
Live Video at 11am: Watch Laurie Fine's announcment

[MuffyBee]

http://msn.foxsports.com/collegebasketball/story/Former-Syracuse-coach-Bernie-Fines-wife-sues-ESPN-alleging-libel-052112
Bernie Fine's wife sues ESPN
May 21, 2012

SYRACUSE, N.Y. (AP)

The wife of fired Syracuse University assistant basketball coach Bernie Fine filed a libel lawsuit Monday against ESPN, saying the network ruined her life by broadcasting salacious reports that she knew her husband abused boys and that she had sex with one of the boys.
n the 44-page lawsuit, Laurie Fine accuses ESPN of reporting the allegations against her husband in a bid to boost ratings as the Penn State sex-abuse scandal was unfolding. She notes the network had already done extensive reporting into claims made by ball boy Bobby Davis in 2003 and decided not to broadcast anything then because it couldn't find any evidence to back up his claims.

ESPN in November broke the story of two former Syracuse ball boys, Davis and his stepbrother, Michael Lang, who claimed they were molested by Bernie Fine decades ago. The lawsuit said the network had serious doubts about the story Davis was telling them but broadcast it anyway.

Key to the suit is a 47-minute audiotape of a phone conversation with Laurie Fine that Davis said he made in 2002 in which she says she ''knew everything'' that went on. Her lawyer, Pittsburgh-based Lawrence Fisher, said the recording was doctored, selectively edited, reported out of context and did not definitively contain Laurie Fine's voice.

In the lawsuit, which seeks unspecified damages, Fisher says the network knew from its earlier reporting that the tape was ''entirely speculative'' and ''unreliable'' but broadcast it anyway.
 ::snipping2::
Josh Krulewitz, a spokesman for ESPN, said the lawsuit is without merit and the network stands by its reporting.

Laurie Fine broke her six-month silence last week at a news conference to announce the suit.

''I'm here today as a wife and a mother who has had to endure the trauma of being smeared in the public as a monster,'' she said then. ''My life has been destroyed.''

She says she has been forced into seclusion, had to sell her house and has been the target of widespread ridicule as a result of the ESPN reports.

Bernie Fine has denied wrongdoing and hasn't been charged. Federal authorities opened an investigation into him following the allegations of a third man, 23-year-old Zach Tomaselli of Lewiston, Maine, who has since said he lied. The local prosecutor has called Davis and Lang credible but said the alleged crimes occurred too long ago to pursue.
 ::snipping2::

[MuffyBee]

http://www.courthousenews.com/2012/05/24/46787.htm
ESPN Accused of Defaming Syracuse Coach
By KEVIN KOENINGER
May 24, 2012

 SYRACUSE, N.Y. (CN) - The wife of former Syracuse assistant basketball coach Bernie Fine claims in court that ESPN used a doctored phone call recording to build a sex abuse case against her husband.
     She says ESPN "spitefully destroyed (her) reputation in an attempt to capitalize financially in the tragic wake of the Penn State sex abuse scandal."
     Laurie Fine, the only plaintiff in the federal complaint, sued ESPN, a Disney subsidiary, and its reporters Mark Schwarz and Arthur Berko.
More...

[MuffyBee]

http://www.cnycentral.com/news/blog_post.aspx?id=761977
Ex-con jumps onto Laurie Fine lawsuit: Matt's Memo
June 4, 2012

 ::snipping2::
One of the most litigious ex-convicts in America has asked the U.S. Federal Court in Syracuse for the right to intervene in the Laurie Fine lawsuit against ESPN. Jonathan Lee Riches has received extensive attention over the last eight years for filing suits, briefs and other legal action in some 5,000 cases. It took Federal Magistrate Judge David Peebles in Syracuse one day to dismiss the Motion to Intervene as Plaintiff in the Laurie Fine lawsuit.
 ::snipping2::

[MuffyBee]

http://www.foxnews.com/sports/2012/06/11/report-05-syracuse-probe-found-no-abuse-evidence/
Report: '05 Syracuse probe found no abuse evidence
June 11, 2012

SYRACUSE, N.Y. –  A 2005 investigation ordered by Syracuse University into sex-abuse allegations against a former assistant men's basketball coach found no witnesses who believed the accuser's story.

The inquiry's final report, obtained by The Post-Standard of Syracuse, shows in detail how the school reacted to former ball boy Bobby Davis' accusations against then-assistant coach Bernie Fine. At no point does the report raise concerns about Fine's admitted longstanding, close relationship with a ball boy or Davis' proximity to the basketball team.

Fine, 66, was fired in November, during his 36th year on the staff, after the allegations became public. He has denied the accusations and has not been charged. A federal investigation is still under way.

Syracuse University Chancellor Nancy Cantor declined to comment Monday because the 2005 investigation is being reviewed and because of a lawsuit filed by Davis. The university said it would not release the document because it promised confidentiality to the participants.

Davis' lawyer criticized the university, saying officials had yet to clarify what they knew.
 ::snipping2::
According to the report, the university began its investigation after Chancellor Cantor received an anonymous email in September 2005 alleging an unidentified coach had molested young boys. In a later email to the university, Davis said Fine molested him starting in sixth or seventh grade and continued abusing him until he was 26, according to the report.

The case was referred to the university's human resources department and to Bond, Schoeneck & King, the university's longtime law firm, which investigated Davis' claims and wrote the report.

The report says Fine played for investigators a phone message Davis left in October 2004 in which Davis apologizes for something, although it's not clear for what.

The report describes Fine's wife, Laurie, as "the only purported witness to the alleged sexual conduct." She told the university that Davis is a "pathological liar" and that her husband did not abuse Davis.

The report also says "Laurie Fine indicated that she never discussed the issue of Bernie Fine's engaging in sexual misconduct with Robert Davis."

Davis also provided Syracuse University with the names of other men he suspected Fine molested.

Of the seven people the university interviewed, only one, Ludwig Vita, fell into that category. And Vita said Fine had never sexually molested him or touched him inappropriately.
 ::snipping2::
The university hired the New York City firm of Paul, Weiss, Rifkind, Wharton & Garrison in November to examine the 2005 report and make recommendations about what the university should do in future cases.

Richard Thompson, president of the university's board of trustees, said the school would release that report when it is completed and comment on it.

A judge last month threw out a defamation lawsuit that Davis and his stepbrother, Michael Lang, brought against Syracuse University and Boeheim.

Their lawyer, Gloria Allred, on Monday emailed a statement to The Associated Press saying the university had refused to share the 2005 report or to provide information about its current inquiry.

"We find it remarkable that the university still has failed to issue any statement regarding what it knew and did not know," Allred wrote.

[MuffyBee]

http://www.dailyorange.com/news/fine-allegations-su-officials-keep-comments-about-2005-investigation-report-to-a-minimum-1.2878033
Fine allegations | SU officials keep comments about 2005 investigation report to a minimum
Expert says publication of report could have negative effects
June 18, 2012

Syracuse University officials continue to withhold comment after the publication of the university's 2005 investigation into child molestation allegations against Bernie Fine.

The 15-page report, which SU officials announced would not be released, was obtained by The Post-Standard and published on June 10. It was discovered that the length of the investigation was shorter than originally indicated and multiple names in the investigation were misspelled.

In December, Chancellor Nancy Cantor said the university would not release the document in efforts to protect the privacy of those involved, to not impede ongoing investigations by authorities and to allow an external review of the investigation by a New York City law firm to be carried out.

Kevin Quinn, senior vice president for public affairs, said in an email on behalf of Richard Thompson, chairman of the Board of Trustees, that he could not comment on the issue because a special committee of the board is currently reviewing the way in which the university investigated in 2005.
More...

[MuffyBee]

http://www.huffingtonpost.com/len-berman/top-5-sports-stories_429_b_1633878.html
Top 5 Sports Stories
June 28, 2012

Happy Thursday everyone, here's my Top 5 for June 28, 2012 from Len Berman at www.ThatsSports.com.
 ::snipping2::
4. Bernie Fine

Top 5 subscriber N.A. wonders, "What ever happened in the Bernie Fine case? (Fine is the former assistant basketball coach at Syracuse who was accused of sexual abuse by two former ballboys and a third man.) Maybe your readers would appreciate an update on the heels of the Sandusky conviction." Excellent question. So far, no charges have been filed. One of the accusers has recanted his story. Bernie's wife says she was libeled by ESPN and is suing. Bernie himself has kept a low profile and was hired by an Israeli basketball team as a consultant. It's entirely possible that Jim Boeheim was right when he called the accusations "A bunch of a thousand lies." We'll never know for sure. The only certainty is that Fine's reputation was irreparably harmed.
 ::snipping2::

[MuffyBee]

http://rochester.ynn.com/content/top_stories/590523/special-committee-releases-findings-in-su-s-bernie-fine-investigation/
Special committee releases findings in SU’s Bernie Fine investigation
By Erin Clarke
July 5, 2012

SYRACUSE, N.Y. — The special committee concluded that the university's response to Bobby Davis' allegations was imperfect, despite the fact that they found the response to be prompt, appropriate and undertaken in good faith without any effort to cover up something.

The committee, comprised of three members, says some of the judgments made could have been better and possibly resulted in a different outcome.

The members point to a handful of weakness in the initial investigation that they say are highlighted so that the university can improve its process of investigating similar situations by learning lessons from how the Bernie Fine matter was handled.

The first: The university should have contacted law enforcement, however, the committee says responsibility for not doing so lies with university attorneys for not counseling SU to do so.

Second: The university's lawyers did not alert the chancellor to allegations that emerged during the investigation about Laurie Fine having sex with basketball players. This is information that the lawyers found irrelevant to the molestation issue.

Third: There were general weaknesses in the initial investigation and report, including allowing Bernie Fine to edit his witness statement to eliminate a suggestive fact about him sharing a hotel room with Bobby Davis without that being noted in the subsequent report.

Fourth: The chancellor should have told the Board of Trustees about Davis' claims and the conclusion reached by the university's attorneys.

Fifth: By focusing narrowly on whether Davis' claims were substantial, the university missed the opportunity to consider broader issues raised, like a need to ensure that allegations of serious criminal conduct are reported upon.

There is much more in this report, including the names of 21 people interviewed by the special committee. You can read the full report below.

Bobby Davis’ lawyer, Gloria Allred, released a statement following the release of the report saying that her team will issue a response on Monday.
(See Report at Link- 55 pgs.)

Video at Link

[MuffyBee]

http://www.syracuse.com/news/index.ssf/2012/07/cantor_new_rules_in_post-berni.html
Cantor: New rules in post-Bernie Fine era will protect minors at Syracuse University
July 5, 2012

Syracuse University Chancellor Nancy Cantor made public this letter addressing the report released today that faulted the quality of the school's 2005 investigation into molestation charges against former men's assistant basketball coach Bernie Fine.

Dear Students, Faculty, and Staff:

Late last year, a Special Committee of our Board of Trustees retained an independent law firm to investigate the University’s procedures in handling the allegations that surfaced in 2005 against former Associate Head Men’s Basketball Coach Bernie Fine. Earlier today, the Special Committee released its report.

The report concluded that upon receiving the allegations in 2005 we acted in good faith and professionally in responding to and investigating them. The report cites certain things, with the benefit of hindsight, that should have been done better or differently. I supported the Special Committee’s review at the outset and support its recommendations now so that we can respond most effectively in the event we ever again become aware of allegations of sexual abuse. The report can be found on the University’s website, www.syr.edu.
More...

[MuffyBee]

http://www.cnycentral.com/news/story.aspx?list=~\news\lists\entertainment&id=773114
Trustees say Syracuse University should have told police about Bernie Fine allegations in 2005
by Daniel Scharfenberger
July 5, 2012

SYRACUSE -- A Syracuse University special committee reviewing the school's response to the Bernie Fine investigation has released its findings.

It looked at the University's actions after Bobby Davis came forward with allegations of sexual abuse in 2005.
The committee says the school and law-firm Bond, Schoeneck, and King, which investigated the claims, made mistakes by treating the allegations as a human resource problem instead of a criminal matter.

"The conduct alleged involved the repeated sexual exploitation of a child. Treating the matter solely as a human resources issue understated its seriousness and underestimated the risk to the University and to potential victims."

Committee members also say the police should have been contacted by Syracuse University and lawyers from Bond, Schoeneck and King.

The lawyers should have recognized that the University’s receipt of detailed and specific allegations of serious felony offenses committed by an employee merited reporting to the authorities irrespective of whatever Davis had done on his own.

In the 52-page report the committee also makes several recommendations for Syracuse University.

Among them, it recommends reviewing policies where adults and children interact at school related events.

It also recommends that SU review how it handles personnel matters that could also be considered criminal.

It recommends reviewing how it trains faculty and staff in these types of problems.

The final line of the report says "Perhaps one lesson to be taken from these events is that there are times when collaboration and communication are also necessary."
More...

Report at link in article.

[MuffyBee]

http://www.huffingtonpost.com/huff-wires/20120705/bkc-syracuse-fine-investigation/
Report: Syracuse sex-abuse probe prompt but flawed
By John Kekis
July 5, 2012

YRACUSE, N.Y. — Syracuse University's prompt response to allegations of sexual abuse against an assistant basketball coach was done in good faith but was flawed because, among other things, there was no direct contact with law enforcement, a special committee of the university's board of trustees said in a report released Thursday.

Although the 52-page document states there was no attempt to "cover up" any conduct, it reiterates a criticism voiced by Onondaga County District Attorney William Fitzpatrick that police and the district attorney should have been notified immediately so they could conduct the investigation with all the experience and tools available to law enforcement.

The committee assessed the university's response to allegations that Bernie Fine had sexually abused former ball boy Bobby Davis. It said Davis' allegations "should have been viewed from the outset as involving serious alleged crimes."

Davis, now 41, claims Fine molested him for years beginning when he was around 12 years old. He took the claims to university officials in September 2005.

Fine, in his 36th year on the basketball staff, was fired in November 2011 after the allegations were made public.

Fine, 66, has not been charged, and he denies the accusations.
 ::snipping2::
The abuse allegations threw into turmoil what was then the nation's top-ranked men's basketball team and seemed to threaten the career of Hall of Fame Coach Jim Boeheim, who staunchly defended his longtime assistant before softening his stance.

The university investigated the allegations with the aid of its longtime law firm, Bond, Schoeneck & King, and took no action after the investigation concluded that Davis' claims could not be substantiated.

The report, which does not reach any conclusion about the validity of Davis' claims, also said the school's counsel should have alerted Chancellor Nancy Cantor to allegations that student athletes may have had sexual encounters with Bernie Fine's wife, Laurie Fine, and that Cantor should have informed the board of trustees of the allegations.

Laurie Fine has said she was the victim of lies.
Among other findings in the report:

_ The investigation didn't talk to enough witnesses or failed to interview witnesses thoroughly.

_ No sexual abuse expert was called in to help.

_ Bernie Fine was allowed to change his original statement but lawyers who did the investigation did not note the change in their final report. Fine originally said Davis might have stayed alone with him in Fine's hotel room during a road trip, but that was deleted at the request of Fine's lawyer.

_ Lawyers didn't talk to two people who Davis said might have been potential abuse victims.

Attorney Gloria Allred, who represents Davis, said she would review the report and discuss it with him before issuing a response on Monday. Davis did not return a call seeking comment.

The university did not respond to a request for comment, but in a statement to students, faculty and staff, Cantor outlined steps it has taken to address campus interaction with minors. A working group has written new rules regarding programs in which minors are involved, and the athletics department has new policies regarding supervision of minors.
More...