IOWA CITY — University of Iowa Athletics must turn over all materials former players have requested from an “independent and external review” of the Hawkeye football program — including reports on specific coaches — despite UI assertions the records are subject to “attorney-client privilege” and should be private.
“It is uncontested that (the Husch Blackwell law firm’s) investigation was not made, and the report was not prepared, because of any prospect of litigation,” according to Chief U.S. Magistrate Judge Helen Adams’ June 24 order in the federal lawsuit that several former Hawkeye football players filed in October 2020 against the UI, the Iowa Board of Regents, head football coach Kirk Ferentz, and others.
Referencing the UI’s decision to hire national law firm Husch Blackwell LLP to conduct an independent and external review of the program, following allegations it enabled racially-motivated discrimination, Adams ordered the UI to release all its findings — not just the parts it wants.
“The (Husch Blackwell) documents came into existence well in advance of the plaintiffs’ lawsuit,” she wrote. “The defendants could not possibly have prepared the HB documents in anticipation of litigation when no such prospects of litigation existed. As such, the HB documents are not privileged.”
The UI in early 2020 hired the firm to investigate the football program’s culture after numerous former players went public with allegations of racism and discrimination — leading the UI’s $1.3 million separation deal with former strength coach Chris Doyle, among those accused.
As part of its review, Husch Blackwell interviewed current and former players and employees and produced a report confirming the program “perpetuated racial or cultural biases and diminished the value of cultural diversity.”
The university publicly released one report on the findings in July 2020, and a group of former players subsequently filed a federal lawsuit — which has brought accusations of harassment, intentional delays and bad faith from one side or the other.
https://www.thegazette.com/higher-education/judge-in-football-discrimination-suit-orders-university-of-iowa-to-turn-over-reports-on-coaches/
