Reform group wants independent investigation of Baylor board

DALLAS—A group of prominent donors and alumni wants a comprehensive third-party investigation into events surrounding the sexual violence scandal at Baylor University, including the board of regents’ and administration’s response. And some members of the reform group are willing to help pay for it.

Four leaders of Bears for Leadership Reform met more than two hours Dec. 5 with three Baylor regents for what John Eddie Williams, a Houston attorney, characterized as a “spirited discussion.”

Former Gov. Mark White (left), John Eddie Wlliams (center) and Randy Ferguson respond to reporters’ questions after they met more than two hours with three Baylor University regents. Drayton McLane participated in the meeting but had to return to Temple for a civic meeting and was unable to participate in the news conference. (Photo /Ken Camp)Former Texas Gov. Mark White, former regent Randy Ferguson of Austin and regent emeritus Drayton McLane of Temple joined Williams in representing the reform group at the meeting. Attorneys Cary Gray of Dallas and Jerry Clements of Austin and Joel Allison, chief executive officer of Baylor Scott & White Health, represented the regents.

Call for an independent investigation

“We called for them to join us in supporting a joint investigation by an independent third party of all the facts and events surrounding what’s been going on at Baylor,” Williams said, addressing media immediately after the meeting.

“This would be a comprehensive investigation that would also include actions and conduct of the board,” he said, pointing to the “real and perceived” conflicts of interest cited in the Pepper Hamilton report.

“We think it’s appropriate for somebody to look not only at the facts Pepper Hamilton came up with, but take an independent look at the board and the administration so we can start the healing process for the Baylor family.”

‘Find a path forward together’

Regents initiated the meeting with Bears for Leadership Reform representatives to hear their concerns, answer questions as possible and seek to “find a path forward together,” Clements said in a phone interview.

“I would characterize it as very cordial but with a lot of passion and a lot of great discussion,” she said.

“We certainly understand their concerns and will take them to the full board so the board can give them careful thought and consideration and then make decisions that are in the best interest of Baylor University and its students.”

Hopes for rapid action

Williams expressed cautious optimism the board would respond favorably to the call for an investigation.

“If they have nothing to hide, then they should embrace an investigation that will document that they have done the right thing,” he said.

Williams voiced hope the board would respond to the request within a week and an investigator could begin work within 30 days.

Protecting confidentiality or stifling voices?

Regarding the statement of commitment and responsibilities regents sign—which Williams called an “oath of secrecy”—Clements noted it was designed according to guidelines approved by the American Bar Association for directors of nonprofit organizations regarding their fiduciary responsibility to maintain confidentiality.

“All it does is gag people from having an independent voice,” Williams asserted, saying it not only prevents regents from revealing information about meetings, but also prohibits them from criticizing the board.

“Speaking as a Baptist, that’s about as contrary to Baptist doctrine and principles as you can imagine,” White added. “Baptist churches are founded upon the free will and the priesthood of the believer, and that means everybody has an equal voice in decision-making in the church. To extend that, everybody who is associated with Baylor University—staff, faculty or regents—should have the ability to speak out openly about matters of conscience. That’s a very major tenet of faith of the Baptist church, as well as the biggest Baptist educational institution in the world.”

Governance and transparency

Clements pointed to improvements in the governance structure the board already is implementing.

The Bears for Leadership Reform representatives continued their call for greater transparency.

“Before you get to governance reform, you have to get all the facts and have transparency,” Williams said.

Costs and value

The reform group left their meeting with the three regents with “a lot of unanswered questions,” he said. Regents “stonewalled” them on questions about how much the sexual violence scandal has cost Baylor, including payments to the Pepper Hamilton law firm for its investigation, as well as payouts to former employees and legal settlements, he asserted.

Williams raised the question about whether former Head Coach Art Briles and former President Ken Starr were dismissed from their positions “for cause,” and if so, why they received any money from the university.

Information about legal settlements or payments to former employees most likely would be confidential and not subject to disclosure, Clements noted.

Regarding the Pepper Hamilton investigation, she said she did not have access to information about its cost, but she had no question about its value.

“My biggest concern was that we get a thorough and complete investigation that left no stone unturned, and I believe we did,” she said.

‘Incomplete … ridiculous … incomprehensible’

In contrast, Williams called the Pepper Hamilton report “incomplete,” noting the regents confirmed the law firm did not interview any Baylor student athletes. The lack of a printed report is “ridiculous,” and regents’ assertion it would have taken too long to produce one is “a smokescreen,” he added.

“It’s incomprehensible that there is not something in writing,” he said, adding he understands the Pepper Hamilton lawyers used a PowerPoint presentation that could have been made available publically, after redacting information to protect victims’ identities.

“Who asked that it not be in writing? Who does that benefit?” he asked.

‘Let the chips fall where they may’

Bears for Leadership Reform wants input into who conducts an independent investigation, as well as its scope, he added. While the university and its board should bear most of the expense, Williams said, he and some other donors would be willing to help finance the investigation.

“Let’s see what the true facts are, and let the chips fall where they may,” Williams said. “We hope the board will join us in supporting an independent investigation so we can let all the facts be known, hear from all parties involved and then let the healing process begin.

“We emphasized to the regents this issue is not going away. The distrust many of the alumni have toward the board is not going away. They need to solve it, and it is our recommendation that they solve it with an independent investigation.”

A real solution would include bringing facts to light, ensuring policies and procedures are in place to protect students, and making sure quality leaders are on the board of regents, he said.

Need to rebuild trust

The reform group representatives emphasized to the regents their need to rebuild trust with alumni, faculty and other members of the Baylor family, White said.

“The trust issue is extremely important in every institution, but especially in an institution that holds itself out as a Christian university and a Baptist university,” White said.

“I think they understand the urgency,” he continued. “This is not something that can be put off until next semester. It should be and can be solved quickly.”