The University of Kansas concluded a former KU football player accused of sexually assaulting two former KU women's rowers had non-consensual sex with one and violated the school's sexual harassment policy in the case of the other.
The findings were the result of investigations by KU's office of Institutional Opportunity and Access and appear in two letters sent from the university's vice provost of student affairs to the two rowers. Copies of the letters were also obtained by The Kansas City Star.
The letters also state that KU's IOA office, which investigates claims of sexual harassment and assault on the Lawrence campus, recommended that the football player, Jordan Goldenberg Jr., be expelled.
Rowers Daisy Tackett and Sarah McClure claimed in separate lawsuits filed against KU that they were each sexually assaulted at different times by the same KU football player, referred to in court documents as John Doe G. Goldenberg is John Doe G, according to a person with knowledge of one of the sexual assault allegations.
In addition to a finding that Goldenberg had "engaged in non-consensual sex" with Tackett, IOA found that "preponderance of the evidence" supported that Goldenberg violated KU's sexual harassment policy and should be permanently expelled because it was his second sex-related offense, according to the letters.
The letter to McClure, which referenced the sexual harassment finding, states IOA would have made different recommendations for one offense _ recommending Goldenberg "be placed on disciplinary probation, attend educational sessions around sexual harassment and consent, and that he be banned from Jayhawker Towers." McClure and Tackett say they were each sexually assaulted in the towers, which are part of KU student housing.
Instead, the letters say, Goldenberg was "effectively permanently expelled from the university and banned from campus for 10 years" and was "not to have contact" with either woman "in-person, by electronic means, or other methods of communication."
Attorneys for Goldenberg say the former football player "strongly denies" that he sexually assaulted either woman and dispute that he was expelled. They maintain that Goldenberg "withdrew for non-academic misconduct in lieu of expulsion and is not eligible for reinstatement" at KU.
Goldenberg has never been charged with a crime.
The university said that "KU does not comment on individual sexual assault investigations," and declined to comment on the letters except to say "KU does include transcript notations for expulsions. Accordance with federal law, upon transfer, a student's new university may request additional information from the student's previous institution."
The letters were sent electronically _ and signed by KU vice provost for student affairs Tammara Durham _ to Tackett and McClure.
One letter was sent on March 18 to inform Tackett of the outcome of "the conduct case" involving Goldenberg. According to that letter, IOA learned in October 2015 from a senior associate athletics official that Tackett had been sexually assaulted the previous school year. A university investigation into Tackett's claim concluded in February 2016.
Another letter was sent electronically to McClure on the same day. It says an IOA investigation into her report concluded in March 2016. Details of the harassment are redacted in the letter, which was also posted to a website run by McClure's father.
A lawsuit filed by Tackett against the university says she was sexually assaulted in Jayhawker Towers after a Halloween party. She was invited by Goldenberg to watch television in his dorm room and was assaulted there, the lawsuit says. Tackett's parents have also filed a class action Title IX lawsuit against KU accusing the university of falsely advertising a safe dorm life on the Lawrence campus and failing to protect their daughter in campus housing.
Title IX is the law that protects against gender discrimination including sexual harassment and sexual assault.
A lawsuit filed by McClure, in which she is identified as Jane Doe 7, claims she was sexually assaulted by Goldenberg in her room in Jayhawker Towers.
Tackett did not report her alleged assault to police but McClure told the rowing team's sport psychologist, the athletic trainer and reported it to Lawrence and campus police. The Douglas County District Attorney's office did not file charges after receiving McClure's police report, citing insufficient evidence.
Both women made complaints with the KU IOA office.
The letter to McClure also says that Goldenberg "has been effectively permanently expelled and that a notation would be placed on his transcript."
Goldenberg, a 6-foot-2, 215-pound long snapper from Chesterfield, Mo., transferred to Indiana State University and appeared on that school's football roster for this fall semester. But he last week was removed from the team because "the upper administration of the athletics department and football team recently learned more information about Goldenberg and after a review, decided it was best for him to focus on obtaining his degree," an email from Indiana State said.
Goldenberg's former position coach at KU, Gary Hyman, was moved to an off-field role by KU coach David Beaty last December and was hired as Indiana State's special-teams coordinator in February. This week, Hyman was suspended for two days by Indiana State and will miss the team's game Saturday.
