Professional Documents
Culture Documents
The December 18, 2015 Sexual Violence and Sexual Harassment Policy clarifies that unwelcome sexual
advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature
The Investigators Did Not Comply With the Policy because they Failed to Provide Mr.
Hufnagel with a Full and Complete Account of the Allegations Against Him
The February 25, 2014 Policy also provides that in order to provide a prompt, fair and
impartial investigation and resolution of a sexual harassment complaint:
The individual(s) accused of conduct violating the Policy shall be provided a copy
of the written request for Formal Investigation or otherwise given a full and
complete written statement of the allegations, and a copy of the Policy.
February 25, 2014 Policy, Section V (B)(4)(a)(i) (Procedures) (emphasis added).
This policy was not followed here. At no time was Mr. Hufnagel provided a full and
complete written statement of the allegations as required to give him fair and adequate due
process. Instead, the investigator showed Mr. Hufnagel a one-page typed sheet that had three
numbered items on it: 1) Complainants allegation concerning the evening in the brewpub
where she drove him into his garage; 2) Complainants allegations about the three-way texts
in March 2015; and 3) Complainants allegation that he retaliated against her after she turned
down his advance on the night of January 24, and as a result, she lost her job. At no point prior
to receiving the Notice of Intent to Terminate was Mr. Hufnagel informed that Complainant was
complaining about weekly or biweekly harassment over the six-month period spanning from
November 2014 through May 2015. If the Investigator had complied with the Policy, Mr.
Hufnagel could have submitted the full text record earlier before the issuance of the erroneous
findings in the Report.
D. Additional Evidence Submissions
At our meeting, we discussed additional evidence to consider, which is enclosed:
Ex. M: A text from Witness 1 to Mr. Hufnagel and the rest of the BB team
forwarding the May 22, 2015 blog spot by Complainant and asking Source? As we discussed
yesterday, Witness 1 was displeased that this information had gotten to the press.
2
For this same reason, the proposed sanction termination is grossly disproportionate.
Ex. O: This is a text exchange between Mr. Hufnagel and the reporter for
Scout.com who (along with another woman) met Mr. Hufnagel and Complainant at the
brewpub Jupiter on the night of January 24, 2015. This text exchange shows that the idea to go
to Jupiter after the game that night originated with this reporter, not, as she told the
investigator, with Complainant.
E. Conclusion
Please let us know if you have any questions or would like any additional information
and we will respond promptly. We appreciate your considered review of this matter. It is
extraordinarily important to our client who has been severely damaged by the false allegations
made against him.
Sincerely,
_____/s/____________________________
Mary McNamara
Britt Evangelist
Swanson & McNamara LLP
and Jamie Dupree
Futterman Dupree Dodd Croley Maier LLP