Winthrop alumnae claim sexual assault investigations involving athletics department were mishandled

*Editor’s Note: This story was updated on Mar. 25 with a comment from Winthrop University’s Vice President and Director of Intercollegiate Athletics Ken Halpin. Along with this, the term “faculty” was changed to “staff” for clarification.* 

Former student–athlete claims sexual assault investigation involving staff member was mishandled 

Former student–athlete Eleanor “Ellie” Marindin, 22, is speaking out about the alleged mishandling of her sexual assault case at Winthrop University. 

Marindin, who claims to have been sexually harassed and assaulted by a staff member, wrote in a blog post that the investigation led by the Office of Human Resources reached an unfair conclusion and failed to carry out appropriate disciplinary action against the staff member in question. 

Marindin, a former lacrosse player for the women’s lacrosse team at Winthrop, wrote a detailed account of various encounters involving a staff member at Winthrop University. The encounters were featured in a blog post titled “The Power of Moments,” which was authored by Marindin and published in August of 2019. 

During an interview with The Johnsonian, Marindin identified the staff member in question as a staff member within the Winthrop Department of Athletics. To avoid legal ramifications, The Johnsonian has opted not to publish the name of the accused staff member. 

A cease and desist letter on this article, which called for the termination of this story and was sent to The Johnsonian by the staff member’s attorney, also identified the staff member in question as the subject of the sexual misconduct investigation. 

“After an extensive investigation, including interviews with multiple former and current student–athletes who had interacted and worked [with the accused] during his tenure at Winthrop, it was determined that there was no ‘sexual harassment/assault’ by [the accused] as had been alleged by Ms. Marindin and others,” the staff member’s attorney wrote in the cease and desist letter.

The investigation found the staff member innocent of Marindin’s allegations on the grounds that there was not enough evidence to prove his actions were of a sexual nature. 

In official documents pertaining to the case, which were provided by Marindin, investigators concluded, “…the policy and law require that we must have evidence demonstrating a violation by a preponderance of the evidence. In the end, the evidence did not rise to that level, despite the fact we believed you were touched in an undesirable manner.” 

The staff member in question is still employed by Winthrop University and has maintained his position within the athletics department. 

Marindin claimed in an interview that the alleged sexual harassment began in November of 2018 after she went to see a team doctor at the Winthrop Coliseum for a concussion she incurred during a practice. Marindin says she was lying on a table in the training room when the staff member came in and approached her with a towel meant to help block out light to her eyes.

Before leaving the room, Marindin says the accused staff member stroked her leg and said, “Feel better, gorgeous.” 

“Even in my delusional state, I knew this was mad weird and proceeded to text my house group chat all about it,” Marindin wrote in her blog post about the alleged incident.

After being seen by the team doctor, Marindin attempted to make her way home when she claims to have seen the staff member in question walking ahead of her in the parking lot. 

In an attempt to avoid contact with him, Marindin says she stopped and pretended to look at her phone, hoping the tactic would create enough distance between herself and the staff member. In an interview with The Johnsonian, Marindin says the attempt to avoid contact with him was unsuccessful. 

Before parting ways, Marindin says the staff member went in for a hug. She detailed the alleged incident in her blog post.

“I kept a wide berth from him [while we walked] and once at the top, crossed paths to get to my car,” Marindin wrote, “…but not without him pulling me in for an awkward, one-armed, and much-too-long hug.” 

After the alleged encounter with the accused staff member, Marindin recovered from her concussion for the month of November and traveled home for winter break during the month of December.

When she returned to Rock Hill for the spring semester of 2019, the alleged harassment from the staff member escalated to assault, Marindin said in the interview.

On Jan. 17, 2019, Marindin visited the Winthrop Coliseum with a peer to be seen by a female athletic trainer. While waiting alone in a separate room, the accused staff member approached Marindin to greet her with what Marindin described in her interview as “an intimate hug.” 

Marindin alleges that the contact became inappropriate when, during the hug, the staff member’s hand slid down her back and patted her buttocks twice. Marindin immediately turned to her peers for guidance, who advised her to report the incident.

Marindin reported the incident to her coach the same day.

“I made the call, the report was filed, and I was in a meeting with three of the most important people for the case by 2 o’clock that afternoon,” Marindin wrote in her blog post. 

Marindin’s case was investigated by the Office of Human Resources at Winthrop University. According to Kimberly Faust, who is the vice president and chief of staff at Winthrop and also operates as the Title IX Coordinator, an investigation led by the Office of Human Resources is not uncommon.

“The Office of Human Resources, Diversity, and Wellness takes the lead in investigations involving employees. Student Affairs staff take the lead in investigations involving students,” Faust wrote in an email to The Johnsonian. “If the complaint involves both students and employees, the investigation is shared.” 

Faust, who was appointed Title IX coordinator in 2012, says she oversees Title IX compliance across a multitude of aspects, including the compliance of Title IX within the athletics department at Winthrop. 

“My responsibility is to ensure students and employees receive training related to Title IX, have policies and procedures in place to comply with federal law, that we provide support services, that we maintain multiple ways for students and employees to report violations, and that we investigate and take action when indicated,” Faust wrote. “I also oversee our efforts to comply with Title IX compliance in athletics.” 

Marindin claims that her investigation, conducted by the Office of Human Resources, was primarily led by LeeAnn Pounds. According to the Winthrop University website, Pounds is employee relations manager. She is also listed as a Title IX investigator under “Reporting Options” for employees at Winthrop. 

According to records pertaining to the case, Pounds conducted the investigation in her role as employee relations manager and not as a Title IX investigator. 

Marindin claims that a Title IX investigation never took place. A Freedom of Information Act (FOIA) request submitted to Winthrop University for misconduct complaints made against the staff member who was investigated was denied. 

Despite the staff member’s status as an employee of a public institution, the Office of Internal Audit and Compliance at Winthrop University cited S.C. Code § 30-4-40(2) as the reason for the denial, which states that the records we requested are “Information of a personal nature where the public disclosure thereof would constitute unreasonable invasion of personal privacy.” 

According to Faust, Winthrop University sees less than a dozen Title IX investigations a year.

“It really varies per year but we average less than 10 Title IX investigations per year,” Faust wrote. 

Marindin claimed that Faust was aware of the incident report and recalls her sitting in on a meeting with Pounds and Marindin. Marindin said she was unaware of Faust’s position or duties as Title IX Coordinator. Marindin claims that this meeting was the only interaction she had with Faust throughout the course of the investigation into her alleged assault. 

Faust has neither confirmed nor denied her presence at the meeting or whether or not she was aware of Marindin’s allegations at the time. 

According to an investigation summary provided by Marindin, there was not enough evidence to charge the accused staff member with misconduct. However, Pounds was made aware of “similar allegations” and several other instances where the same staff member may have possibly exhibited inappropriate behavior with other female athletes. 

The summary dated March 18, 2019, and signed by Pounds, also details that Pounds interviewed a number of coaches, staff and former student–athletes about the claims. 

“Diligent efforts were dedicated in taking the necessary time to gather relevant information about your allegations, the similar allegations of your teammate you brought to our attention and the possible existence of similar conduct by [the staff member] involving past Winthrop female student athletes,” Pounds wrote in the summary. 

“…Yet the policy and law require that we must have evidence demonstrating a violation by a preponderance of the evidence. In the end, the evidence did not rise to that level, despite the fact we believed you were touched in an undesirable manner,” Pounds continued. 

The summary mentions Winthrop University Director of Athletics, Ken Halpin, who played a role in reviewing Marindin’s case. Halpin also concluded that while the touching was undesired, there was not enough evidence to prove that a violation of the sexual misconduct policy occurred. 

“Upon review of the investigation report and recommendations, the Athletic Director and Vice President, Dr. Ken Halpin has concluded that while there was undesired touching by [the staff member] there was not a preponderance of evidence that the touching was of a sexual or intentional nature that violated Winthrop’s policy against sexual harassment,” the summary outlined.

Halpin and the athletics department are not involved in the Title IX investigation process at Winthrop University, according to Halpin. 

“I never had anything to do with the investigation. It was turned over to the Title IX office. Once the investigation [is] complete a report is written and then the report is given to me with a recommendation,” Halpin said. “So I received a written report and recommendation and I accepted that recommendation.”

Although the investigation was led by the Office of Human Resources, the summary explains that Marindin could have chosen to challenge the outcome by submitting an appeal to the Title IX Coordinator, Faust, within seven days of receiving the investigation conclusion. 

Marindin did not submit a request to appeal the decision. 

The same document states that the investigated staff member was ordered to undergo counseling on appropriate boundaries to maintain with students. 

“Despite the lack of a finding of a violation of Winthrop’s sexual harassment policy, [the staff member] is being counseled about appropriate boundaries to be respected with student athletes as far as acceptable locations of touching in social interactions and appropriate topics of conversations,” Pounds wrote. 

The Sexual Harassment and Discrimination Policy for Winthrop University cites “intentional and undesired physical contact” and “comments about an individual’s physical appearance” as examples of sexual harassment. 

The policy also states that “Non-consensual sexual contact is any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman that is without consent and/or by force.” 

The policy defines consent as needing to be “clear, knowing, and voluntary” and states that “the individual giving consent must be active, not passive.” 

For Marindin, the investigative process took a toll on her mental and physical health. However, she says that speaking out, no matter the determination of officials, was important for her peers and for herself. 

“My voice deserves to be heard, and it will be,” she wrote in her 2019 blog post. “Our voices matter, and if by speaking up I can help more voices be heard, then I will have accomplished what I hope to.” 

Pounds and the staff member in question have declined to offer comment on Marindin’s case. 

Faust did not immediately respond to a request for comment on this investigation. 

Marindin graduated from Winthrop University in May of 2020 and lives on the coast of North Carolina with her cat, Cheddar.

Victims of sexual misconduct at Winthrop University can explore reporting options by scheduling an appointment with the Office of Victims Assistance or by filing a report online. Victims have the option to complete the online form anonymously. 

Former Winthrop student alleges mishandling of Title IX investigation into gang-rape involving student–athletes 

Summer Phillips, a former student at Winthrop University, says she was gang-raped by three student–athletes in February of 2017. Phillips, who claims she was incapacitated during her assault, says that Title IX investigators were negligent and mishandled the case. 

In an interview with The Johnsonian, Phillips identified Title IX Coordinator Kimberly Faust and Assistant Dean of Students Miranda Knight as individuals involved in her investigation, among others. 

“They [Faust and Knight] knew my story, they knew what I had just endured, and chose to look the other way,” Phillips said. “It just seemed the whole time as if they didn’t want the case to go anywhere.” 

In documents given to The Johnsonian by Phillips, Knight is the only person listed as a Title IX investigator. However, in an email sent by Knight, Dr. Renae Myles, who works for the athletics department, was replaced by Employee Relations Manager and Title IX Investigator LeeAnn Pounds to assist in the investigation. This was done to avoid what Knight describes as a conflict of interest. 

“Since Dr. Myles works for Athletics and the respondents are athletes, we really thought more about it and thought that to make sure there was no perception of bias, it would be better if she did not continue as an investigator,” Knight wrote. “In her place, I have asked LeeAnn Pounds from Human Resources to help me investigate,” the email said. 

The incident, which took place on Feb. 24, 2017, began when Phillips was offered a ride home by three student–athletes from a local establishment formerly known as Luke’s Sports Bar and Grill. According to notes from the Title IX interview, Phillips says she was heavily intoxicated on the night of her assault. 

In a written statement from Phillips’ Title IX Case Review and Determination Meeting, Phillips said she does not remember being separated from her friends or leaving the sports bar with the three men, but she does remember being in their car and walking into their house.

“From there, everything is black,” Phillips said in her statement.

“I don’t remember anything until I woke up, and one of them was having vaginal intercourse with me, and the other was coming towards me for oral sex,” Phillips told investigators.

Phillips claims she woke up the next morning feeling sore and wearing just her shirt and her underwear which contained spots of blood. She was not fully aware that all three men had raped her until the morning after the incident when one of them asked her if she was actively using contraceptives. 

“The only thing I remember him saying as he walked [out of the house] with me was ‘We wanted to ask you last night, but we didn’t want you to be angry, are you on birth control?’ I said yes and went home,” Phillips wrote. 

Phillips stayed in contact with one of the men throughout the day via text message as she attempted to piece together what happened.

“Throughout the day he would reply and he confirmed that all three did have sex with me, and no one used protection,” she wrote in her statement. 

Phillips reported the incident five days later, on March 1, 2017. Phillips met with Knight and Myles for a Title IX investigative interview on March 7, 2017.

Phillips says she felt as though priority was placed on protecting the three men who assaulted her instead of disciplining them. 

“I don’t think they actually cared about me at all,” Phillips said. “I felt like their main priority was to protect these guys.”

Phillips also claims that investigators placed pressure on her to prove how much she drank the night of her assault.

“They wanted to bring in a specialist to confirm I was actually drunk,” Phillips said in an interview. “Miranda [Knight] asked me to go to the gas station and take a picture of what I drank. It just all seemed so doubtful.” 

In an email obtained by The Johnsonian, Knight wrote to Phillips on March 27, 2017, to request photographic documentation of what she drank the night of her assault. 

“Is there any way you can either bring me the empty bottle of Mad Dog that you drank or send me a picture of it? I need to know what you had and the size that it was,” Knight wrote in the email. 

“A lot of the time they were grilling me on what I drank,” Phillips said.

Documents from the initial Title IX interview conducted by Knight and Myles, who was later replaced by Pounds, cites 10 separate instances where Phillips’ drinking or incapacitation was mentioned, including a note that states, “Dean Knight asked Summer to rate her own capacitation—1 being not drunk, 10 being completely incapacitated (passing out or blacking out)—Summer said 9-10.” 

In the same document, investigators noted that assault was already taking a toll on Phillips. 

“[Phillips] still feels like part of it is her fault for drinking so much,” the document states. “She told herself, ‘I did it to myself.’”

According to the Winthrop University Student Sexual Misconduct Policy Repository, the assessment of incapacitation is a normal procedure in investigations where drug use or alcohol consumption played a role in a policy violation. 

During a Title IX investigation, the university says it considers three questions to determine if mutually established consent was confirmed before sexual activity took place: “Did the person initiating sexual activity knowingly incapacitate a person and then engage in sexual activity? Did the person initiating sexual activity know that their partner was incapacitated? And if not, Should a sober, reasonable person in the same situation have known that their partner was incapacitated?” 

The repository states that if any of these questions can be answered in the affirmative, then “mutually established consent was absent.” 

The interview document also states that during the week following her assault, Phillips missed most of her classes, stayed in her room and would constantly replay the incident in her head. The document notes that Phillips initially requested that her attackers be expelled from Winthrop. 

“If Summer had the choice, the guys would be gone—expelled,” the document states.

However, a separate document obtained by The Johnsonian lays out a different course of disciplinary action to be made for the accused rapists in an alternative resolution. 

According to the Policy Repository, “Alternative Resolutions” are pursued when an Investigator or the Deputy Title IX Coordinator believes alternate measures of disciplinary actions should be explored. As defined by the Policy Repository, if the incident meets certain criteria and the reporting party agrees, an alternative resolution is implemented, and the investigation concludes. 

The Repository cites “Whether the misconduct occurred while the reporting party was unconscious, physically helpless, or unaware that the prohibited conduct was occurring…” as an instance where alternative resolutions may be deemed appropriate. 

Phillips eventually chose to pursue an alternative resolution rather than a university charge. 

As a part of the agreement, each of the three athletes was ordered to make appointments with a local counselor in order to complete an assessment. In addition to several other stipulations listed in the agreement, each individual involved, including Phillips, was placed under a strict non-communicative mandate which prohibited in-person contact as well as contact through third-parties, call, text or social media. 

The document states that Phillips would attend counseling at Winthrop University through Health and Counseling Services or through alternative counseling providers. The document also mentions that her counseling would “include an examination of her relationship with alcohol and other substance.” 

Although the alternative resolution states that the Deputy Title IX Coordinator at the time, Bethany Marlowe, determined that a violation of the Student Conduct Code could have occurred, the document does not mention the suspension of the athletes from their respective teams or from Winthrop. 

Knight declined to comment on claims from students who had negative experiences with the school’s investigative or reporting process. 

Faust did not immediately respond to a request for comment on this investigation. 

According to her Twitter account, Bethany Marlowe retired in August of 2019. 

Phillips never graduated from Winthrop University and now lives on the West Coast. She speaks out for fellow survivors of rape through activism and by sharing her story. Her most recent Instagram bio reads, “I am choosing to use my own story of rape and healing to help others feel not so alone in this journey. And all the glory goes right to Jesus.” 

Victims of sexual misconduct at Winthrop University can explore reporting options by scheduling an appointment with the Office of Victims Assistance or by filing a report online. Victims have the option to complete the online form anonymously. 

Unreleased survey reveals sexual assault statistics and student perception of safety at Winthrop 

A campus climate survey conducted in 2017, which was never publicly released, highlights statistics related to student perception of safety at Winthrop University. 

The Johnsonian obtained the survey by filing a Freedom of Information Act (FOIA) request with the university. 

In September of 2017, Winthrop enlisted 3rd Millennium, a third-party service provider that specializes in campus climate surveys, to measure levels of student perception of safety on campus. The results of the survey were never publicly published. 

Kimberly Faust, who serves as the Vice President and Chief of Staff in the Office of President and the Title IX Coordinator for Winthrop, did not immediately respond to a request for comment on why the survey was never publicly released.

According to the survey, 64% of respondents agreed with the statement: “College officials should do more to protect students from harm.” However, the survey also states that there is a positive perception of support provided to students who are “going through difficult times.” 

The results of the survey also show that 35 students (2.86%) reported at least one instance of being touched by faculty and staff in a way that made them feel uncomfortable, while 14 students (1.2%) were threatened with retaliation for not being sexually cooperative and 15 students were offered better treatment if they were sexually cooperative. 

The survey identified 130 student participants who described instances of sexual assault, but only 10 of them reported their assaults to Winthrop University authorities. Reasons for not reporting sexual assault to Winthrop authorities included “Didn’t feel important,” “Embarrassment and fear,” and “Didn’t want to get in trouble.” 

Of these 130 students, 75 of them (57%), said these instances took place on campus, with the majority of them occurring in residence halls.

According to the survey, “51 students reported that they were unable to provide consent or stop what was happening because they were passed out, drugged, drunk or incapacitated or asleep.” 

The conclusion of the survey indicates that despite the low percentage of sexual assault reporting to Winthrop authorities, 82% of students who were involved with an investigation would still recommend the disciplinary process to other victims. 

Victims of sexual misconduct at Winthrop University can explore reporting options by scheduling an appointment with the Office of Victims Assistance or by filing a report online. Victims have the option to complete the online form anonymously.