'List' of lawyers given to Tennessee athletes raises questions
Weeks after a sexual assault lawsuit was filed against University of Tennessee, Athletics Director Dave Hart responded to questions about whether school officials facilitated lawyers for athletes accused of a crime.
"We don't engage in putting them in touch with anybody, we may point to, just like you would in a phone book or list, that's all," he said.
The list Hart referenced, obtained by The Tennessean through a public records request, is a single sheet of paper with the names and office phone numbers of six Knoxville attorneys.
All six attorneys are University of Tennessee College of Law graduates. Most have direct ties to the athletics department. One is a prominent booster. Another is a football color commentator for the university’s television and radio network. Two have served on the athletics board. Three have served as adjunct professors or university lecturers. Two of the attorneys have long track records of representing student athletes and coaches that stretches back more than a decade.
The list was prepared specifically for student-athletes "after an education discussion on decision making," according to Ryan Robinson, UT's senior associate athletics director for communications.
University of Tennessee sexual assault case to proceed
The list also says "we do not recommend any individual attorneys, you may choose any one you would like."
"As far as we can tell, the list was provided to only one student-athlete," Robinson said in a statement. A handwritten note on the list addressed to Mike Ward, senior associate athletics director from Antone Davis, a football administrator, said "Mike here is the list I've given you in the past."
The sweeping sexual assault lawsuit filed against the university in February claims that, as part of a pattern and practice of enabling sexual assaults by student athletes, members of the athletics department were “arranging for/facilitating lawyers for athletes accused of sexual assault."
On Tuesday, a federal judge denied the university's motion to dismiss the case. U.S. District Court Judge Aleta Trauger also specifically allowed the women bringing the case to argue for an injunction to bar the university from "facilitating lawyers for athletes accused of sexual assaults."
It is an allegation that university officials have strongly denied.
UT president: Preventing sexual assaults a top priority
Bill Ramsey, a Nashville attorney hired by UT to defend the sexual assault lawsuit, said that the list "is intended to be a list of lawyers to be used in the event a student-athlete is charged with a crime, with the understanding that student athletes are always free to choose any attorney they wish."
"When a student finds themselves in a difficult situation needing advice or legal counsel, it's not uncommon for them to approach an authority figure associated with a group they identify with from student-athletes to sororities to student life groups," Ramsey said in a statement. "Across campus, our faculty and staff are committed to all of our students and to making sure they have the support they need. This instance is no different."
Ramsey said the university has no knowledge of whether attorneys are working pro bono or whether boosters or other supporters of the university have paid legal fees.
"No, we don’t pay any legal fees, we don’t really engage in that," Hart said in a news conference to address the sexual assault lawsuit.
"May contribute to a climate problem"
The practice of giving athletes, but not all students, the list raises several concerns.
Federal Title IX rules that require universities to create a safe and equitable environment. If the university or its boosters are involved in paying the attorneys, NCAA rules barring special benefits could be implicated. It is up to the university, not the attorneys on a list, to ensure the university complies with those rules, experts said.
"It may contribute to a climate problem," said Nellie Drew, a University of Buffalo law professor who specializes in sports law. "You continue to foster a hostile environment if you are protecting athletes above other students. If anyone in any program is able to get that list, that's one thing. But if you only get it if you're an athlete, that makes it suspect."
The list also sends a mixed message to student-athletes, said Katherine Redmond Brown, founder of the National Coalition Against Violent Athletes.
"When you're trying to develop players then provide them with a list of lawyers, it's not really a signal of zero tolerance," Brown said. "That's what I would be concerned with about the message that's being given to players. You can't have it both ways: say 'we're going to have zero tolerance, but here's a list of lawyers.”
Simply making a list of attorneys available to student athletes facing legal troubles does not violate NCAA rules as long as the student-athlete pays the going rate for similar services in the area, said Meghan Durham, assistant director of public and media relations for the NCAA.
UT plaintiffs fight to maintain bulk of suit
"If the student-athlete retains the attorney through the attorney’s normal process and pays the going rate for the services, it would not be an issue if that attorney also sits on the school’s athletics board, though a school should be mindful of potential conflicts of interest," she said.
Stu Brown, an Atlanta-based attorney and expert in NCAA and university representation matters, said the NCAA bars extra benefits for athletes, but defining what those are can fall into a gray area.
"The basic rule that applies here whenever a university provides any kind of benefit or service to a student athlete is what's called the NCAA extra benefits rule," said Stu Brown.
"When you get into issues of what kind of information or assistance a school can give that does not have an innate or identifiable monetary value, you are in somewhat of a gray area," he said.
While handing out names and phone numbers of attorneys may be acceptable, contacting an attorney on a student's behalf may not," he said. And for the university, boosters or others affiliated with the school to provide free legal services or help pay for an attorney is against NCAA rules, he said.
The attorneys
The attorneys on the list obtained by the Tennessean include Don Bosch, a prominent Knoxville criminal defense attorney who has represented at least 14 coaches and student athletes accused of crimes - mainly football players - since 1999.
Bosch represented former basketball player Yemi Makanjuola, who violated student codes of conduct by committing a sexual assault against a female student. The woman is now one of eight unnamed plaintiffs suing the school over how it handles sexual assault allegations against athletes. He has represented football players accused of a variety of crimes, from underage drinking to assault.
Bosch has also served as on the Athletics Board and as an adjunct professor. He is named as a potential witness in the sexual assault lawsuit.
Bosch told a reporter he would contact her Saturday for an interview, but did not follow up. He did not respond to a subsequent request for an interview about his representation of student-athletes.
Jeffrey Hagood has represented at least 10 coaches and student-athletes since 1993, including former football coach Phil Fulmer. Hagood is a prominent booster and has served on the Athletics Board.
"It is no secret that I love my University," Hagood said in an email. "Have some long and deep relationships. In fact, I just received a call from a distinguished department head to set up a meeting with a potential donor who is a friend. With that said, I was not aware of this list."
Hagood did not respond to a question about how or whether he was paid for representing student athletes.
Hagood is representing former Curt Maggitt, a former Tennessee football player accused of assaulting former teammate Drae Bowles in retribution for coming to the aid of a sexual assault victim who is among the women filing suit.
Butch Jones phone records show calls with Drae Bowles
Also included on the list is Gregory Isaacs, a well known criminal defense and plaintiffs attorney. Isaacs represented Alexis Johnson, a suspended UT football player who entered a plea deal to accept a misdemeanor domestic assault charge on April 21. The victim in that case is one of the eight plaintiffs in the sexual assault lawsuit.
Isaacs has served as an adjunct professor with the University of Tennessee Law School, a member of UT Legal Clinic Advisory Board, and commissioner on the Tennessee Higher Education Commission.
Attorney Christopher Coffey represented former football player Von Pearson, accused of sexual assault by one of eight plaintiffs in the sexual assault lawsuit. Coffey is listed as a potential witness in the federal suit. He has served as guest speaker in UT legal courses.
Neither Coffey nor Isaacs responded to an interview request for this story.
Tim Priest, Coffey's law partner, is a former UT football player and color commentator for Vol Network, the radio and television network for male and female athletics. Priest on Friday said he was surprised to be included on the list and has not represented an athlete for 20 years, dating back to when he had a criminal practice. He no longer practices criminal law, he said.
Dennis Francis, a practicing attorney for 42 years, said he last represented a student who was the son of a tennis partner forty years ago. Francis said he was not aware his name was on the list of attorneys and has never met Dave Hart.
Giving athletes a list of attorneys with direct connections to the football program creates a perception problem that could run afoul of Title IX rules.
"It leads to the inference that their names are on the list because they are trying to provide support to the Athletics Department," Drew said.
Reach Anita Wadhwani at 615-259-8092 or on Twitter @AnitaWadhwani.
Don Bosch has represented at least 14 student-athletes, mainly football players,and coaches since 1999. He has served on the Athletics Board and as an adjunct professor. He represented a former basketball player accused of sexual assault by one of eight plaintiffs in the sexual assault lawsuit against the University of Tennessee and is listed as a potential witness in the suit.
Greg Isaacs has represented at least three football players since 2010, including suspended football player Alexis Johnson, accused of assaulting his now-former girlfriend, who is one of eight plaintiffs in the sexual assault lawsuit. In a plea deal, a misdemeanor domestic violence charge against Johnson will be dropped in six months if he has no further brushes with the law. Isaacs has served as an adjunct professor with the University of Tennessee Law School, a member of UT Legal Clinic Advisory Board, and commissioner on the Tennessee Higher Education Commission.
Jeffrey Hagood has represented at least 10 student-athletes, mainly football players, and coaches since 1993, including serving as former football coach Phil Fulmer's personal attorney. He is a prominent booster, has served on the Athletics Board, was named an honorary letterman for the UT Letterman T-Club. He has co-authored two books, one with Fulmer and one with former UT football player Inky Johnson. He represents Curt Maggit, a former player accused of assaulting former football player Draw Bowles in retribution for coming to the aid of a victim, one of eight plaintiffs who filed the lawsuit. Hagood, on Maggit's behalf, has denied those allegations.
Christopher Coffey represented former football player Von Pearson, accused of sexual assault by one of eight plaintiffs in the sexual assault lawsuit. Coffey is listed as a potential witness in the suit. Coffey has served as a guess speaker in UT legal courses. Coffey works in the same firm as Timothy Priest.
Timothy Priest is a former UT football player and color commentator for Vol Network, the official university broadcast network for UT football games. Priest said he last represented a student 20 years ago.
Dennis Francis is a Knoxville attorney who said he last represented a student 40 years ago.