Editor’s note: This article was updated on Saturday, April 3 to reflect more information on a student-athlete town hall.
Winthrop officials are offering their response after allegations that sexual misconduct investigations involving the athletics department were mishandled surfaced in an article that was published by The Johnsonian earlier this week.
Winthrop University’s Director of Intercollegiate Athletics, Ken Halpin, and Title IX Coordinator and Chief of Staff for the Office of President, Kimberly Faust, have both responded to press inquiries issued by The Johnsonian. President of Winthrop University, George W. Hynd, released a campus-wide statement which was delivered via email on March 26, two days after allegations surfaced.
An investigation involving a former student athlete, Eleanor “Ellie” Marindin, and a staff member within the athletics department who is accused of sexually harassing and groping Marindin was carried out by the Office of Human Resources in early 2019. The investigation was led primarily by Employee Relations Manager, LeeAnn Pounds. According to an investigation summary obtained by The Johnsonian, the staff member involved was found innocent on the basis that there was not enough evidence to prove that a violation of policy occurred despite Pounds’ belief that Marindin was “touched in an undesirable manner.”
The accused staff member is still employed within the department of Winthrop University Athletics.
The document, signed by Pounds and dated March 18, 2019, states that the Director of Intercollegiate Athletics, Ken Halpin, reviewed a report of the investigation conducted by Pounds and the Office of Human Resources. Upon reviewing the report and recommendations sent by investigators, Halpin accepted the conclusion that there was not enough evidence to prove a violation of 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.
According to Halpin, his involvement in Marindin’s case did not exceed reporting the incident to the Office of Human Resources and accepting their conclusion after receiving a report of the concluded investigation. Halpin claims that the athletics department has never engaged in the investigative process as it pertains to allegations made against athletics staff or student-athletes.
“There is no role that the athletics department plays in any Title IX process,” Halpin explained in an interview with The Johnsonian.
Halpin says that all Winthrop University Athletics personnel are trained to immediately report instances of misconduct after a complaint is made.
“Since I’ve been here, we have a track record. We have immediately reported everything without hesitation,” Halpin said. “There’s never been a delay.”
Halpin says that student-athletes within the athletics department have been stirred to action after allegations that sexual assault investigations involving athletics were mishandled surfaced in the article published on March 24.
“Obviously [the article] has sparked motion from so many of our students and our first priority is always their safety, especially our student-athletes whom I’ve been hired to care for,” Halpin said.
Halpin says that a number of steps are being taken to ensure that student-athletes feel safe in their department. Halpin claims to have already met with Women’s Lacrosse, the Student Athlete Advisory Committee (SAAC), a group of student-athlete alumni, athletics staff, and head coaches at Winthrop.
“We’ve entered into active conversation with all students who have questions,” Halpin said.
The Student Athlete Advisory Committee is planning to host a student-athlete town hall on Monday, April 5, according to an email sent to student-athletes last week.
“Over the past week, Student Athlete Advisory Committee (SAAC) has worked hard to ensure that the conversation surrounding the recent Johnsonian article involving the athletic department does not end and actionable steps are taken,” the Student Athlete Advisory Committee president, Sara McGuire wrote in the email.
According to the email, the town hall will include senior administration, Title IX Coordinator, Kimberly Faust, and the Office of Victim’s Assistance.
The student-athlete town hall is set to take place Monday, April 5 at 7:00 pm and will be hosted virtually through Zoom.
Marindin claimed that she was unaware of a Title IX investigation taking place while her allegations were being investigated by Pounds, however a new response from Kimberly Faust, Title IX Coordinator at Winthrop, suggests that investigations involving students and employees are still reported under Title IX.
“Regardless of which division takes the lead on the investigation—HR or Student Affairs—the investigation is considered to be and reported as a Title IX investigation,” Faust wrote in a document sent to The Johnsonian on March 24.
The summary from the investigation led by The Office of Human Resources refers to the investigation as a “Human Resources investigation.” The letter does not make mention of Title IX policy or Pounds’ role as a Title IX investigator. 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 at the time of the meeting.
Faust wrote that she cannot comment on a specific case, but explained that it’s not uncommon for the Title IX Coordinator to sit in on meetings during an active investigation.
“It is important to note that the Coordinator does not investigate allegations,” Faust wrote. “From time to time, I may attend a meeting to observe the investigator’s and complainants’/respondents’ interactions as a way to monitor our practices and procedures.” Citing “confidentiality requirements,” Faust declined to comment on the mishandling of Title IX investigations as alleged by Marindin and another former Winthrop student, Summer Phillips, who was gang-raped by three student-athletes in February of 2017 as detailed in the article published by The Johnsonian on March 24.
In addition to Halpin and Faust, President of Winthrop University, George W. Hynd is also offering a response to the allegations which surfaced in the March 24 article.
In a statement issued to all students via email during the evening of March 26, Hynd responded to the allegations by writing “Winthrop officials took seriously the allegations of the two students interviewed. Both cases were promptly investigated by the university using protocols established as best practice for Title IX compliance.”
The statement also explains the various roles of the university’s Office of Victims Assistance, The Dean of Students office, The Human Resources, Employee Diversity and Wellness division, and the university’s Title IX coordinator––all in relation to Title IX procedure. Hynd’s statement makes no mention of the study on student safety, or “campus climate survey,” conducted at Winthrop University in the Spring of 2017 which was recently obtained and reported on by The Johnsonian in the March 24 article.
The survey reports statistics related to sexual violence, sexual harassment perpetrated by faculty and staff, and student perception of administration among other data related to student safety. The survey is considered a public record but was never released following its conclusion in September of 2017.
