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sexual harassment

What is going on with the Houston Dash?

Nothing good.

The Dash have suspended coach and general manager James Clarkson, who is being investigated by the NWSL and its players association.

The suspension came “in light of initial findings received this week,” the Dash said.

The team opens its regular season Sunday and will name an interim coach during the investigation.

“As an organization, our highest priority is creating and maintaining a safe and respectful work environment for our players and staff, which we believe is critical to our success on the pitch,” the team said in its statement. “The Club has made counseling services available to all members of the organization interested.”

The investigation is part of a recent initiative by the women’s soccer league to review current and historic complaints of discrimination, harassment and abuse.

Last year, several NWSL managers were fired for verbal abuse, including former OL Reign manager Farid Benstiti and former Washington Spirit manager Richie Burke. Former North Carolina Courage manager Paul Riley was fired for allegedly engaging in the sexual coercion of players during his time as manager of the Portland Thorns.

When it was revealed that the various NWSL stakeholders were aware of the circumstances under which Riley was fired by the Thorns in 2015, NWSL commissioner Lisa Baird resigned.

The league and the union agreed that league personnel would voluntarily take part in the union’s investigation of sexual misconduct, and that there be total transparency by the league in terms of other ongoing investigations.

Clarkson has been head coach since 2018, and with the team since it was founded, along with the NWSL, in 2014. The new NWSL Commissioner says this is a good sign that the new process is working.

New National Women’s Soccer League Commissioner Jessica Berman said Wednesday that while it’s disappointing another league coach has been accused of misconduct, programs that were implemented in the wake of last season’s league scandals have helped make sure players’ concerns are addressed.

[…]

“This is the manifestation of the process that the league and the players’ association put in place which provided a pathway for individuals to bring forward issues and for those issues to be investigated and managed appropriately,” Berman said. “And so while we never like to have situations like this happen, the fact that the process worked the way it was intended to, and that all of the appropriate parties worked together on the interim solution and the next steps was really important and constructive overall for the progress that the league is making on this issue.”

Berman, who began her job April 20, said she could not address the specifics of the investigation because it is ongoing.

Clarkson is the longest-tenured coach in the NWSL. He was the only head coach still with his team who was coach at the start of last NWSL season. All the others have either voluntarily left the league for new opportunities, gone to other teams within the league, resigned or were dismissed because of alleged misconduct.

I guess you could call it a good sign, but it sure is a bad look overall. Though to be fair, it’s not just the NWSL.

The University of Florida announced it fired women’s soccer coach Tony Amato after just one season with the program. The move comes after players complained about how Amato treated them and a large number chose to transfer from the program.

“We have worked diligently with Tony since last fall when I first became aware of challenges with relationship building and communication,” athletic director Scott Stricklin said in a statement. “As the issues continued to be brought to my attention, it became apparent that sufficient progress was not being made and Tony was not a fit for the University of Florida.”

Florida hired Amato away from Arizona last year, after the coach spent eight years with the Wildcats. In total, Amato has been a head coach in each of the last 19 seasons for four different schools.

The Gators went 4-12-4 in their first year under Amato. However, according to Payton Titus of WUFT, players had complained that Amato “pressured them about eating habits and their bodies” last year. Amato was reportedly strict over what the players ate, to the point that some players said they had developed eating disorders as a result.

There’s a range of behaviors here, and we don’t know what James Clarkson is alleged to have done. There may not be anything in common between his actions and those of Tony Amato, but I think we can agree that Amato’s behavior falls into the bucket of things that can be called abusive, and that’s the larger issue with the NWSL. As I said, it’s a bad look, wherever it’s happening. I hope that league really has taken a substantive step towards fixing it.

The “That’s right, you’re not from Texas” legal gambit

Tony Buzbee, y’all.

The legal trouble that Deshaun Watson is facing in Houston already is threatening to get in the way of his new job in Cleveland.

Lawyers for the 22 women who are suing Watson last week filed a notice of their intention to take his pretrial deposition testimony on five different days in early May at the Houston office of Watson’s attorney, Rusty Hardin. But Hardin is fighting it, noting that the NFL quarterback recently changed jobs after being traded by the Houston Texans to the Cleveland Browns.

“Mr. Watson recently moved out of state and currently lives in Ohio,” said a document submitted by Hardin’s firm in court Friday. “He also has a full-time job that requires his presence in Ohio Monday through Friday. As a result, Mr. Watson is not available for depositions in Texas on the dates unilaterally noticed by Plaintiffs. Counsel for Mr. Watson offered multiple dates for Mr. Watson’s deposition that were rejected by Plaintiffs’ counsel.”

Hardin has filed a motion to quash those depositions, leading to a court hearing set for next week in Houston, where Judge Rabeea Collier could decide the matter.

If the implication of this is unclear, Pro Football Talk explains it for you.

First, Watson’s presence is “required” only for the offseason program. Second, it should be fairly easy to schedule the depositions for the window of six weeks or so between the end of the offseason program and the start of training camp.

Third, Buzbee knows well what he’s doing. He’s trying to exert even more settlement pressure on Watson by making the process as big of a pain in the butt as possible. And, yes, it would be much better for Watson if he simply settled the cases. But Buzbee knows this, which will serve only to make the price of settlement higher.

In other words, come to the table for a settlement agreement, or I’m going to keep trying to drag you back to Houston as often as possible for depositions and whatnot, which will be annoying to you and your new team and really wouldn’t you rather just settle already? We’ll see if it works.

Deshaun Watson must disclose whether he had sex with 18 massage therapists

There’s a headline for you.

NFL quarterback Deshaun Watson now will have to answer whether he had sex with 18 additional therapists who came to his defense about his massage habits last year, according to a ruling Tuesday by a Texas judge.

Watson is being sued by 22 other women who accused him of sexual misconduct during massage sessions in 2020 and early 2021. As part of the pretrial discovery process in those lawsuits, their attorneys have sought to have Watson answer written “requests for admission” about whether he had sex with the 18 therapists who publicly supported him after the lawsuits against him started in March 2021.

Watson, who recently was traded to the Cleveland Browns, previously refused to answer these questions, saying it was harassing, private and not relevant, according to an objection filed by his attorneys in court.

The plaintiffs’ attorneys countered by saying it will help show Watson’s pattern and motives in seeking massages with dozens of different women, many of whom he met on social media. They asked the court to compel him to answer, leading to a hearing in court Tuesday between the two sides.

Harris County District Court Judge Rabeea Sultan Collier decided in favor of the plaintiffs, overruling the objection by Watson’s attorney, Leah Graham.

[…]

The plaintiffs’ attorneys also succeeded in their quest to compel Watson to produce certain other information about his history of massages since 2019, as well as any language about massages in his contract with the Houston Texans, Watson’s previous team. The judge gave Watson’s team 30 days to comply.

“We will continue to force Mr. Watson to answer our questions and reveal the full parameters of his conduct,” plaintiffs attorney Tony Buzbee said in an e-mail afterward.

[…]

In the case of the 18 therapists at issue, they did come out to support Watson publicly one year ago in statements released by his attorney, Rusty Hardin. They said Watson, 26, never made them feel uncomfortable during their interactions with him, unlike the other 22 women who are suing him. Hardin’s strategy with releasing such information at the time apparently was to take some heat off his client. A year later, Watson must answer more about his histories with those 18 women, if there were any, according to the judge’s ruling.

Graham called it a “fishing expedition” by the plaintiffs and not relevant to the specific allegations in individual lawsuits.

Plaintiffs attorney Cornelia Brandfield-Harvey disagreed, telling the judge Watson “went to massage therapy sessions intending to have sex, intending to do something else, not have a massage.”

“That is at the heart of this case,” she said.

She added “we’re not asking whether he had sex with anybody in the world” but instead with specific therapists, including the 18 who had “voluntarily publicly identified themselves.”

I probably have a post that noted the massage therapists who publicly supported Watson, but I didn’t go looking for it. I don’t think I have anything to add to this.

“Due diligence”

I’m just gonna leave this right here.

The Browns said they did due diligence before agreeing to give Deshaun Watson a $230 million contract and complete a trade with the Texans.

Watson is facing 22 civil suits for sexual harassment or assault but a Harris County grand jury recently declined to indict the quarterback on nine cases. The NFL said its investigation is ongoing.

“We spent a tremendous amount of time exploring and investigating the opportunity to trade for Deshaun Watson,“ Browns owners Dee and Jimmy Haslam said in a team news release on Sunday. “We are acutely aware and empathetic to the highly personal sentiments expressed about this decision. Our team’s comprehensive evaluation process was of utmost importance due to the sensitive nature of his situation and the complex factors involved.

“We also understand there are still some legal proceedings that are ongoing and we will respect due process.”

Last week, the Haslams flew to Houston with general manager Andrew Berry and coach Kevin Stefanski and met with Watson.

“He was humble, sincere and candid,” the Haslams said. “In our conversations, Deshaun detailed his commitment to leading our team; he understands and embraces the hard work needed to build his name both in the community and on the field. … We are confident in Deshaun and excited about moving forward with him as our quarterback and supporting his genuine and determined efforts.”

The civil litigation involving Watson remains ongoing. Rusty Hardin, Watson’s attorney, said Tuesday “there’s no discussion” about settling any of the cases. Tony Buzbee, who represents the women who filed lawsuits, has been deposing Watson in four-to-six hour blocks and said it could be well beyond April before the cases are potentially brought before a jury in civil court.

The Browns have not reached out to Buzbee or his clients, the attorney said Friday.

Emphasis mine. Yeah, I don’t think that’s how “due diligence” works. But thanks for taking full responsibility for whatever happens next. The Hang Up and Listen podcast (segment three, fast forward to about the 48 minute mark if you don’t want to listen to the whole thing), which notes that no other team did any more “due diligence” than Cleveland did, has more.

First round of Deshaun Watson depositions

He hasn’t had much to say so far.

Four days after a Harris County grand jury chose not to indict Deshaun Watson, the Texans quarterback answered questions for the first time while under oath in connection to 22 civil lawsuits accusing him of sexual assault and harassment during various massage appointments.

Tony Buzbee, who represents the women who filed suit, began deposing Watson on Friday. But Watson asserted his Fifth Amendment right not to incriminate himself while the criminal investigation was still ongoing. Watson’s attorney, Rusty Hardin, said his client would no longer decline to answer questions since the criminal case has concluded.

Buzbee said he spent Tuesday’s deposition questioning Watson about two of his accusers for close to four hours. A judge allotted Buzbee 48 hours to question Watson under oath, and with the next deposition scheduled for March 22, the civil litigation could stretch beyond April before it is potentially resolved in court.

[…]

Tuesday revealed a potential pattern for future depositions. Buzbee said he questioned Watson in reference to the massage therapy sessions involving the two women. Buzbee said Watson told him “he did everything right” and didn’t offer lengthy answers about specific incidents because he said he couldn’t remember one session from another.

Buzbee requested texts and Instagram exchanges between Watson and the women. Buzbee said his clients provided the information, but Watson had deleted all of his Instagram messages and none of the “six or seven” phone numbers he provided had been involved in text exchanges.

Hardin said it was “a normal process” for Watson to delete his Instagram messages. Watson has 1.4 million followers on the social media platform, and Hardin said Watson regularly deleted messages “when he no longer was having contact with somebody,” but did not delete any messages once the lawsuits were filed.

Watson changed his phone number frequently because of his celebrity status, Hardin said. With such a high rate of public exposure, people would “start calling him and texting him” once they got a hold of his contact information.

See here for the previous update. I actually drafted this before the trade; life comes at you fast. Lots of people delete various things on social media as a matter of policy, and I’m sure plenty of famous people change phone numbers often, for the reasons stated above. I might not be able to remember an individual massage session on a given date, if nothing out of the ordinary happened during it. That doesn’t mean we can’t look askance at Watson’s answers to these questions. Tony Buzbee says later in the article that when this all goes before a jury – Rusty Hardin confirms in the story that they are not looking to settle – it’s going to come down to who the jurors find to be more credible. I completely agree.

Deshaun Watson traded to Cleveland

He’s someone else’s problem now.

The Texans have traded Deshaun Watson to the Browns. The quarterback waived his no-trade clause for Cleveland after initially eliminating the franchise, a person with knowledge of the negotiation said, but Watson reversed his decision Friday after the Browns offered a five-year contract worth $230 million.

The new contract, which is fully guaranteed, preceded the terms of the trade. The Texans will receive Cleveland’s first-round picks in 2022, 2023 and 2024, the Browns’ 2023 third-round pick and 2024 fourth-round pick.

Once finalized, the trade will end one of the longest and messiest divorces in Houston sports history. The 14 month-long saga began with the former franchise quarterback’s trade demand and ended after a Harris County grand jury declined to indict Watson following a criminal investigation that was triggered by 22 women who filed civil lawsuits accusing him of sexual assault and harassment during various massage therapy sessions.

The blockbuster trade did not yield the second-round picks that were part of the returns second-year general manager Nick Caserio solidly requested for almost a year, but it remains enough capital to reinforce the new regime’s efforts to sculpt the franchise in their own image.

The rebuilding franchise also cleared Watson’s previous four-year, $156 million contract extension off the books, which immediately boosts Houston’s roster budget as the free agency period begins. Caserio has made frugal signings so far by re-signing 15 players and acquiring nine other veteran players, but the executive now has the financial freedom to become more aggressive.

Meanwhile, the civil litigation involving Watson remains ongoing. Rusty Hardin, Watson’s attorney, said Tuesday “there’s no discussion” about settling any of the cases. Tony Buzbee, who represents the women who filed lawsuits, has been deposing Watson in four-to-six hour blocks and said it could be well beyond April before the cases are potentially brought before a jury in civil court.

The NFL has yet to render a decision from its own investigation into Watson. The league could potentially suspend for an unknown number of future games, although it’s possible a punishment won’t be handed down until the civil litigation ends.

Not really much to say here. Once there were no charges filed against Watson, everything fell into place for him to be traded, as teams were willing to live with whatever civil action (and likely league suspension) would happen, just not criminal penalties. Watson himself basically dictated the terms thanks to his no trade clause. And now he’s gone, and whatever one might have once felt about him and his abilities on the field, that’s gone as well. I’ll keep an eye on those civil cases because they do matter even if they no longer truly affect his football career, but I’m happy to not think about Deshaun Watson otherwise. Good riddance. Rivers McCown and Sean Pendergast have more.

No charges against Deshaun Watson

Good for him, I guess.

A Harris County grand jury on Friday declined to indict Texans quarterback Deshaun Watson, choosing not to criminally charge him in nine alleged instances of sexual assault or harassment during various private massage appointments, according to Johna Stallings of the Harris County District Attorney’s Office.

The decision came down the same day Watson was deposed in connection with two of the 22 civil lawsuits against him, which are separate legal matters. Watson declined to answer questions under oath, invoking his Fifth Amendment right to not incriminate himself during that proceeding, attorney Rusty Hardin said.

Neither of those cases in the deposition involved women who filed criminal cases against the quarterback, however. Tony Buzbee, who is representing the women who filed suit, said Friday he asked Watson several hundred questions over about three hours of depositions.

Watson, 26, has denied any wrongdoing.

After the grand jury’s decision was announced, Hardin said he is ready to move forward.

“We are delighted that the grand jury has looked at the matter thoroughly and reached the same conclusion we did,” Hardin said in a statement. “Deshaun Watson did not commit any crimes and is not guilty of any offenses.”

See here for the previous entry. I don’t know what I expected from this, but getting no-billed was certainly on my list of possible outcomes. As for the depositions:

While a Harris County grand jury eight blocks away met to decide whether to criminally indict Deshaun Watson, the Texans quarterback spent Friday morning at his attorney’s downtown office building where he declined to answer questions while under oath for the first time in connection to 22 civil lawsuits accusing him of sexual assault and harassment during various massage appointments.

Tony Buzbee, who represents the women who filed suit, said he asked Watson several hundred questions over about three hours of depostions. In each, Watson asserted his Fifth Amendment right not to incriminate himself.

Buzbee said there was no connection between Friday’s two legal proceedings. A judge allotted Buzbee 48 total hours to depose Watson, and, on Friday, Buzbee said he asked Watson about facts and circumstances in reference to two women who did not file criminal complaints and believes his clients are “entitled” to hear Watson’s version of events.

“There should be no incrimination involved at all,” Buzbee said. “If you didn’t do anything wrong, if you didn’t do anything illegal, answer the question. It would be one thing if we were asking questions about the women that have filed criminal complaints. We’re not doing that.”

Days before the deposition, Buzbee said he received written testimony from Watson that he had no communication with either woman. Buzbee also requested Watson to provide any phone number that he may have used to communicate with the women. Watson provided seven or eight phone numbers, Buzbee said. Buzbee claimed to have a combined 50 pages of communication between Watson and the women, and he said none of the phone numbers Watson provided had been used in those communications.

Hardin said Watson is “more than willing to talk” in the civil depositions but was following his advice not to incriminate himself while the criminal case was ongoing. When asked how the answers from a deposition with women who were not involved in the criminal investigation would be used against Watson, Hardin said “I have no idea.”

“But you would never take that chance,” Hardin said. “That’s the point. The issue is, is the lawyer going to allow his client to give a civil deposition on the same subject matter that is currently being considered by a grand jury and you won’t find a lawyer who will.”

Hardin said Wastson will waive his silence and answer questions in the civil case after the criminal investigation is resolved, and he said Buzbee has wanted Watson to plead the fifth all along because it gives him an advantage in the civil cases.

Again, I guess I’m not surprised. I’m certainly not in any position to question either Hardin or Buzbee’s legal strategy. The one thing everyone seems to agree on at this time is that this clears the path for the Texans to trade him, as other teams had been waiting to see what happened with the criminal charges. The civil cases, which will continue on in court, didn’t scare them. Make of that what you will. Sean Pendergast has more.

Deshaun Watson will face some depositions

A long-awaited update on this case.

Houston Texans quarterback Deshaun Watson must undergo depositions in connection to at least some of the 22 misconduct allegations made against him before April, a judge on Monday ordered.

Lawyers involved in civil litigation against the athlete on Monday argued whether Watson should wait until after April 1 to take questions on the allegations. His attorney, Rusty Hardin, expressed concern that depositions could provide evidence in a separate criminal investigation being conducted by the Houston Police Department.

“We know that the police have forwarded to the (Harris County) district attorney’s office their findings and their conclusions,” Hardin said in the 113th District Court.

From that point, a grand jury will decide whether criminal charges against Watson are merited. When that could happen is uncertain — but Hardin appears to believe his client’s fate in the criminal matter may be known by April 1.

Watson is accused of sexual misconduct during several massage therapy sessions, the bulk of which are said to have happened in 2020. Eight of the 22 accusers have filed police reports.

Hardin argued that his client should hold off on sitting down for a deposition — while lawyer Tony Buzbee, representing the accusers, argued that Hardin should stick to the schedule they agreed upon at the suit’s beginning. The ongoing HPD investigation should not make a difference in the civil case either, he said.

Buzbee said delaying Watson’s deposition further is unfair to the plaintiffs who have already endured 75 hours of questions as part of their lawsuit against him. Depositions are a procedure that allows lawyers in the case to question those involved about the allegations. Watson is accused of sexual misconduct during several massage therapy sessions, the bulk of which are said to have happened in 2020.

[…]

Judge Rabeea Collier ruled, partially, in Hardin’s favor.

Six women have yet to undergo depositions, lawyers said. Of those women, Buzbee can depose Watson on their allegation ahead of April 1 — as long as the accuser is not among those who filed a police report, Collier ruled.

“I’m allowing you to take Mr. Watson’s deposition on case specific details for those who have not filed a criminal complaint,” Collier said in court.

The police investigation was among the reasons why Hardin asked Collier last week to postpone Watson’s deposition until April 1.

“I don’t know what’s gonna happen on April 1,” the judge said, adding that Hardin can seek a stay if he wants.

See here and here for the most recent updates. The court had signed an agreement in May that said Watson could not be deposed before February 22, which is to say this past Tuesday, and that some of the women who accused him of sexual misconduct would be deposed beginning in September. As Sean Pendergast notes, this likely means that the criminal case that HPD has investigated will come to some sort of resolution in the next month or so, as the case is now in the hands of the DA’s office. Though if he’s indicted on one or more charges, that just moves things to another stage, one that may also take a long time to work through. There’s also that FBI investigation, and who knows what that may mean.

So we’re getting closer to something, whatever it may be. As for Watson’s football fate, go read Pro Football Network and Rivers McCown for more. There’s a chance that could get resolved as well in the next couple of months, but it seems that a lot of things would have to happen for that.

New details about the Deshaun Watson criminal investigation

All sorts of bad things from the search warrants.

Houston police have at least nine reports accusing Texans quarterback Deshaun Watson of sexual misconduct during massage therapy sessions, with search warrant records showing that investigators are eyeing indecent assault — a misdemeanor crime — as a possible criminal charge.

The three search warrants — signed in October by a judge to collect data from Watson’s Instagram and Cash App usage — shed light on the Houston Police Department’s criminal investigation into the athlete, who has not been charged with a crime, amid months of litigation from nearly two dozen lawsuits. The search warrants detail accounts from nine women who say their encounters with Watson devolved from massages to misconduct.

The women reported receiving Cash App payments after the sessions, with some amounts ranging from $100 to $300, according to court records.

In two incidents at The Houstonian Hotel, the football player pressured the women into performing felatio, court records show. One licensed massage therapist said Watson contacted her on Instagram and that they met in June 2020 for a massage without incident. During a second appointment at the Memorial-area hotel, he asked her for oral sex.

The woman “felt as if she had no choice,” the investigator wrote.

[…]

Much of the accusations outlined in the search warrants were already detailed in civil lawsuits against Watson but investigators also revealed aspects of the case not previously made public using interviews that the Forensic Center of Excellence — a Houston group of forensic nurses who specializes in trauma — conducted with the accusers.

The Houston Police Department acknowledged in April their investigation into Watson but have declined to comment since. The civil litigation, meanwhile, is still pending.

Investigations by the FBI into Watson’s alleged behavior and the NFL are also happening. Watson’s lawyer, Rusty Hardin, has denied wrongdoing by the quarterback, saying any sexual encounters with massage therapists were consensual.

On Wednesday, Hardin said he welcomed the police department’s investigation into his client’s records.

I’ve skipped over most of the more graphic stuff. The HPD investigation is still ongoing, the civil litigation is awaiting the first court dates, and Watson is still a non-playing member of the Texans. Not much else to say at this point.

There were settlement talks with Watson and his accusers

They did not succeed.

The attorney representing 22 women suing Houston Texans quarterback Deshaun Watson says settlement talks between the two sides broke down before the NFL’s trade deadline because of language Watson’s legal team insisted they include in nondisclosure agreements.

“In what was submitted to us, there were nondisclosure agreements and many of the women pushed back on those,” attorney Tony Buzbee told Houston television station Fox 26 in an interview Tuesday evening.

Buzbee said he and his colleagues modified the language in the proposed nondisclosure agreements “substantially” but added that “there were still some women who said, ‘I’m never going to sign that.'”

He told Fox 26 that the NDAs were ultimately a “deal breaker” in efforts to settle the cases.

Buzbee’s interview is the first confirmation from either of the legal teams involved in Watson’s civil cases that the two sides had entered a period of mediation.

“Now that the heat is off I probably won’t be getting calls from the other side wanting to settle the case,” Buzbee said, a reference to the pressure involved in settling the lawsuits prior to the NFL’s Tuesday trade deadline.

[…]

Buzbee also said in his interview with Fox 26 that Watson’s team appeared willing to settle a portion of the 22 civil cases.

“First it was, ‘We need to get 22 cases settled’ and then it was, ‘Well, maybe we can get 20 cases settled,’ and, finally, there was some discussion of maybe even less than that,” Buzbee said. “But based on the terms that were submitted to us, we weren’t going to get 22 settlements. Period.”

See here and here for the background. We assumed there were settlement talks happening, the possibility of a trade was predicated on there being a settlement, and now we have confirmation. I don’t know that it would have served justice for such an agreement to be reached, especially if it came with a blanket NDA on all of the accusers, but that’s not my call. I don’t know if there’s any impetus for settlement talks to continue now – beyond what would normally be there, anyway – so we may not hear much else for awhile. Watson can’t be deposed until February at the earliest, and a trial date (if it comes to that) can’t be set until early May. So we’ll see.

Deshaun Watson not traded

He’s still with the Texans at least though the end of the year.

If quarterback Deshaun Watson had been able to settle the 22 civil lawsuits before the NFL’s trade deadline on Tuesday, he would be leaving Houston for Miami, his preferred destination.

Because Watson was unable to reach settlements, he’ll still be on the Texans’ roster rather than playing for the Dolphins. The next time teams can make trades is when the new league year begins in March.

Dolphins owner Stephen Ross, general manager Chris Grier and coach Brian Flores have coveted Watson for months. The Texans thought they had a deal almost two weeks ago, but Ross insisted that Watson settle the civil suits accusing him of sexual assault and misconduct, according to sources familiar with the trade negotiations.

Watson, who has a no-trade clause in the four-year, $156 million contract he signed in September of 2020, told the Texans months ago he would not accept a trade to any team other than Miami. It’s known that he rejected a possible trade to Philadelphia.

Sources said Watson didn’t want to reach financial agreements with his accusers because he thought it would be an admission of guilt, but as the deadline approached and Miami’s interest intensified, he relented.

The sources said when Watson agreed to settlement discussions late last week, there wasn’t enough time for his attorney, Rustin Hardin, and Tony Buzbee, who represents the plaintiffs, to reach agreements with all 22 accusers.

See here for the background. I don’t care much about that, but I am interested in this.

The most recognizable of 22 women who accused Watson of unwanted sexual contact, [Ashley] Solis said she has endured death threats, an unexplained break-in and a stream of fake epithet-ridden web reviews of her business since she sued earlier this year.

Solis, 28, is the only plaintiff who agreed to be photographed and named publicly. She is also among 10 women who spoke with NFL investigators, answering every question they posed, said Tony Buzbee, the lawyer who represents the women in civil suits against the Texans quarterback.

Solis recalled that her NFL interview several months ago seemed brief — about an hour — and included questions that surprised her, including one about what clothing she was wearing. She hasn’t heard back.

Commissioner Roger Goodell has said he still can’t make the call on Watson’s culpability. He told NFL owners last week, “We don’t think we have the necessary information to place him on the exempt list.”

[…]

Solis said she met with a woman from the sexual assault division at the NFL sometime before June.

“It just overall wasn’t a great experience,” Solis said. “She said, ‘Tell me how he assaulted you. What did he do? What did it feel like?’”

Solis said she didn’t feel there was empathy in the encounter.

“She asked me what I was wearing.”

They said they’d get back to her. She hasn’t heard anything since.

Her family and friends support her, but she said she’s had minimal support from the public. She likened herself to a piñata that keeps getting beaten and beaten at a party.

“It’s been very, very stressful.”

“I’ve had a series of events take place from people creating fake accounts to slander my business, writing fake Google reviews, to finding me on my business social media and giving me death threats and wishing terrible, terrible things on me,” she said. “I’ve had a break-in at my studio a few days after I went public. I’ve had strangers approach me telling me to stop lying.”

Solis has no qualms about seeking compensation because the Watson incident has decreased the number of clients she can see and she is now undergoing therapy.

Solis said she has no choice but to continue with body work, she said, noting, “I don’t have (a) degree in anything else.”

She no longer accepts new male clients unless someone can vouch for them.

I don’t know what will happen here. Maybe Ashley Solis will accept a settlement offer, and maybe that will help her get at least the financial part of her life back on track. Maybe people will think Deshaun Watson is guilty if his alleged victims agree to settlements, and maybe we’ll all have forgotten about it the next time he does something cool on the football field. I find I care much more about Ashley Solis’ future than I do Deshaun Watson’s.

A brief meditation on the Deshaun Watson situation

Let us pause for a moment and contemplate this John McClain column about the likely football fate for the Texans’ soon-to-be-former star quarterback.

Deadlines have a way of initiating action, and if the Texans are going to ship quarterback Deshaun Watson to Miami or another team, they better do it by the NFL’s trade deadline on Nov. 2 at 3 p.m.

If Watson is still on the roster after the deadline passes, the Texans will have to wait until the start of the new league year in March to reopen negotiations on a trade that probably wouldn’t happen until close to the draft that begins April 28.

[…]

Dolphins’ owner Stephen Ross has approved a Watson trade, but he wants his legal issues resolved. The only way for Watson to do that before the trade deadline would be to settle the 22 civil suits. League sources say Watson doesn’t want to settle his cases because he believes it would be an admission of guilt.

Before a deal can be completed, Ross would have to find out from commissioner Roger Goodell if Watson would be suspended under the personal conduct policy, and if so, how many games he would miss.

[…]

At the league meetings on Tuesday, the NFL’s executive vice president of football operations, Troy Vincent, told reporters that, in the event of a trade, it would be up to Goodell to decide if Watson would be available to play for his new team right away.

“We don’t think we have the necessary information to place him on the exempt list,” Goodell said. “We don’t have all the access to that information and (we) pride ourselves on not interfering with it. That process is ongoing.”

Watson could be suspended, or he could be placed on the commissioner’s exempt list. Watson is being paid his $10.54 million base salary to report to the Texans each day and be inactive on game days. The exempt list is a paid vacation for the player, who can’t be part of the team and has to work out on his own.

If Goodell didn’t place Watson on the exempt list at the start of the Texans’ training camp, it’s unlikely he would do it after a trade.

Emphasis mine. The main takeaway here, for those who don’t care about the football angle, is that we may get a sudden and almost certainly confidential resolution to this whole sordid mess. There are some criminal complaints and an FBI investigation as well, but the former at least could be dropped as part of a settlement agreement. There will be some loud protest in Miami or Charlotte or wherever Watson gets traded, if that does happen, and it will fade away over time as we get distracted by more pressing matters. And then that will probably be that. I don’t know exactly how I feel about all this, but it’s not a good feeling. The Ringer and Rivers McCown have more.

(The fact that the Texans will undoubtedly screw up the draft picks they’ll get in the trade because they’re a terrible organization with a shitheel owner is a side matter.)

Plaintiff in Constable Precinct 1 lawsuit responds

She’s not having it with the dismissal of Constable Alan Rosen as a defendant from the lawsuit.

Constable Alan Rosen

The booze-fueled undercover hotel operations were bad. Felecia McKinney’s worst moment at the Precinct 1 Constable’s Office, however, came two years ago, during an undercover sting at a Massage Heights near the Texas Medical Center.

Another Precinct 1 employee had been assaulted at the business. Her bosses wanted her to pose as a customer, wait to see if he acted again, and then give a signal to bust him and take him down.

When she emerged from the spa, a superior told her to drive herself to the hospital to get a sexual assault examination while Constable Alan Rosen held a celebratory news conference in the business’ parking lot, she said at a press conference Friday.

[…]

After the spa sting, McKinney and Erica Davis — the Precinct 1 employee whose assault led to the investigation of Massage Heights — sued the establishment, saying the budget spa chain, its employee, owner and franchisor were negligent in training and supervision. Davis agreed to a monetary settlement in the case but McKinney’s complaint is still pending. Criminal charges against Wenjin Zhu, the massage therapist accused of sexually assaulting Davis and McKinney on the massage table two days apart, are also still pending. Zhu is detained in the county jail.

Though her lawyers have described her experience in court filings, McKinney had never addressed the public about her sexual assault in August 2019 until her brief remarks to reporters at her attorney’s office Friday morning.

“He knows what happened to me,” McKinney said of Rosen. “He intended it. He ordered it. And to hear him claim victory — and that he wouldn’t be held personally accountable for something he’s admitted to doing makes me feel attacked, unheard, and very alone.”

What angered her the most, she said, was reading comments from Rosen’s defenders that the constable should never have been included in the lawsuit in the first place.

“This case was never about money for me. It was about exposing the truth and holding people accountable,” she said, her voice catching. “When I read his comments and his attorney’s comments, I felt really victimized in ways I never expected. …When I saw the claim that he never should have been in the lawsuit, after ordering an operation that I go in to be sexually assaulted, I broke down.”

See here for the previous entry. I don’t know if the decision to remove Rosen as a defendant was a good one or not – I presume it can be appealed, but regardless of that the lawsuit itself if still ongoing. The allegations still refer to things that happened under Constable Rosen’s watch. I’m still far from convinced that any of the undercover actions were a good use of law enforcement resources, whether or not the deputies in question were put in needless danger. I don’t know what will come of this case, but we need to hear what Ms. McKinney and her fellow plaintiffs have to say.

Constable Rosen removed from sexual harassment lawsuit

Good news for him, but the suit continues.

Constable Alan Rosen

Harris County Precinct 1 Constable Alan Rosen has prevailed in a legal effort to be removed from a lawsuit accusing department supervisors of sexual misconduct against female subordinates in an undercover anti-prostitution unit.

In a five-page ruling, U.S. District Judge Kenneth M. Hoyt on Monday ruled Rosen could not be personally sued for the misconduct allegations that several current and former deputies and another employee had made about conduct within the unit. Plaintiffs can continue to pursue their lawsuit against Harris County and Assistant Chief Deputy Chris Gore and Lt. Shane Rigdon, the judge ruled.

Hoyt explained his ruling by saying he’d concluded that the plaintiffs’ allegations against Gore and Rigdon were “enough to raise a right to relief” but that the plaintiffs had not made any claims that would support Rosen’s individual liability under civil rights law.

Rosen touted the ruling in a news release in which he said he had “full faith in the Court’s review” of the motion.

“I thank the court for its considered review of the law as it pertains the motion to dismiss me from this matter,” he said, “and for granting that dismissal such that my full focus can remain on the needs of the residents of Precinct 1.”

Lawyers for the female deputies said they were undeterred, pointing to Hoyt’s decision to allow the suit to proceed against Harris County and against Gore and Rigdon.

“While Alan Rosen has been able to protect his personal financial interests, his conduct is still very much a part of the lawsuit,” attorneys Cordt Akers and Bill Ogden said, in a written statement.

See here, here, here, and here for the background. You can see a copy of the ruling in the story. While this is good news for Constable Rosen personally, the lawsuit is still active – this was a motion to dismiss, and it was denied for the other two defendants. For that reason, ignore this:

Rosen attorney Ben Hall said Wednesday that his client “should never have been in the lawsuit in the first place.”

He said believed Rosen was added to the lawsuit to tarnish his political viability.

“I think the fact the judge dispensed (with this matter) so quickly will at least remove this stain,” Hall said, “So he can move down the road. And if it is his fate to be sheriff, I think he’d be a fabulous sheriff.”

Sorry, but this still happened on his watch. He may not be legally liable for damages, but he’s still responsible. Maybe if the remaining defendants are cleared we can talk about his future ambitions, but until then let’s cool our jets. This is far from over.

FBI involved in Deshaun Watson case

Never a good sign, though there might be a wrinkle in this one.

The FBI is looking into sexual assault allegations against Texans quarterback Deshaun Watson, according to opposing legal parties in the player’s civil court cases.

The extent of those probes remains unclear. Defense attorney Rusty Hardin on Wednesday declined to call any federal interest in the sexual assault allegations part of an “investigation,” but he said he knows definitively that one FBI investigation is underway into claims that a woman extorted Watson for money.

The high-profile defense attorney held a 20-minute news conference in direct response to recent statements by his opponent, Tony Buzbee, who said that he spoke to representatives of the federal agency.

Buzbee told the website League of Justice that the FBI appeared interested in Watson’s alleged use of the internet and interstate travel to solicit sessions from massage therapists.

Hardin said he learned Tuesday that the FBI was checking into some claims presented in the 22 civil suits filed earlier this year against Watson. He said he welcomes those federal investigations, but he simultaneously denounced Buzbee for bringing them to the media.

“He wants to leverage his civil lawsuits,” Hardin said. “He knows those lawsuits have no future in the long run. But he wants to be out there and promote himself and the lawsuits and try to get Deshaun to settle them and pay him money so he can ride into the sunset.”

Buzbee, who is representing the women suing the 25-year-old for sexual assault and harassment, denied that any of his clients were being investigated.

“I think Rusty is reaching for straws and that’s kind of silly,” Buzbee said. “God bless him, the FBI, is, not as far as I know, is not investigating the women who have been victimized. They’re investigating Deshaun Watson.”

Buzbee later clarified that he does not know whether there is an official “investigation” into Watson, but that he did speak with federal agents.

[…]

Hardin on Wednesday focused on claims that one of those women extorted Watson for money before filing a lawsuit alleging he forced oral sex. He read text messages that appeared to show the woman apologizing for her own behavior during a session.

The attorney said the FBI approached his team in April about those allegations, and Watson later spoke to the bureau about them.

Buzbee said he detected irony in Hardin’s statements about his client.

“He’s doing the best he can do, but it’s kind of sad that he’s turning it around on the women,” he said.

Hard to know what to make of this. I’m loathe to believe any claim Tony Buzbee makes, but I’d say he’s more likely to be right about what the FBI is doing than Rusty Hardin is in this case. But who knows? The FBI said nothing as per their usual policy, and whatever it is they may be doing, they’ll be done when they’re done. So we wait.

More criminal complaints against Deshaun Watson

Yeesh.

Multiple women have filed complaints with the Houston Police Department related to Texans’ quarterback Deshaun Watson, according to both sides in the football player’s civil sexual assault cases.

Almost half of the 22 women who filed civil claims against Watson have given sworn statements to police and spoken to NFL investigators, attorney Tony Buzbee said Sunday. Defense lawyer Rusty Hardin specified on Monday that eight women in the suits have filed complaints with police. He also said two new women not in litigation have done the same, which ESPN first reported.

Houston police on Monday declined to comment beyond an initial statement they released in early April. One person filed a complaint, they said at the time, leading the agency to open an investigation.

The police and NFL investigations remain underway with no signs of immediate resolution for Watson, who returned to training camp this week amid the allegations of sexual assault and harassment.

Those cases as well as the lawsuits are trudging along, keeping Watson in a holding pattern while he doesn’t play and demands a trade — that in itself an unlikely occurrence until his legal issues end, team sources have said.

“Both processes are very lengthy,” Buzbee said, referring to the police and NFL probes. “We expect to provide further information to the NFL from all victims.”

[…]

Hardin said on Monday Houston officers should also speak to the remaining 14 women who sued but did not file police reports, he said, in order to complete a full investigation.

The lawsuits are meanwhile moving through the discovery process in the Harris County civil courts. Buzbee said his team is currently obtaining written information from Watson, including electronic data and payment records.

See here and here for some background. The complaints by two women who are not suing Watson sounds ominous to me. I know that he’s Rusty Hardin and I’m not, but if I were Rusty Hardin, I might be a little worried about what the police might find when they talk to those other 14 women.

A Deshaun Watson sighting

Noted for the record.

Deshaun Watson made a shrewd move Sunday when he reported early for training camp with the other quarterbacks and rookies.

Watson showed up at NRG Stadium for the first time since the end of last season, avoiding a fine of $50,000 a day, creating a colossal distraction for a team in rebuilding mode and putting pressure on the Texans to make a move.

But what could that move be?

Watson reiterated he still wants to be traded. That means he doesn’t want to be at the facility, and the Texans don’t want him there, but a trade doesn’t appear imminent, according to team sources. Any move would likely come when his legal issues are resolved.

[…]

The Texans have options when it comes to Watson. He can attend meetings and practice. He can be given an excused absence and be able to leave and work out on his own without being fined. He can be placed on the exempt list (essentially paid administrative leave) by commissioner Roger Goodell until the league concludes its investigation.

The league’s personal conduct policy empowers Goodell to put a player on the exempt list “when an investigation leads the Commissioner to believe that a player may have violated this Policy.”

The conduct policy says that Goodell “may act where the circumstances and evidence warrant doing so,” and adds: “This decision will not reflect a finding of guilt or innocence and will not be guided by the same legal standards and considerations that would apply in a criminal trial.”

Tony Buzbee, who represents the women in the civil cases said “almost half” have given sworn statements to the police and spoken to the NFL. He said he expects to give the NFL more information.

Watson or the NFL Players Association could appeal his placement on paid leave. A player on paid leave cannot practice or play in games but is permitted to be at the team’s facility for meetings, workouts, therapy and rehabilitation.

Just a reminder, the first of the depositions by Watson’s accusers may begin in September. There is a criminal complaint, filed in April, that is still under investigation. There’s no formal timeline for when (or if) the NFL may act on the exempt list; some people think he should already be on it. We’re just waiting for updates until then. Sean Pendergast has more.

Former HCC instructor sues over sexual harassment allegations

Hoo boy.

Robert Glaser

A former Houston Community College instructor is suing the community college system, its chancellor and a board member for $15 million, alleging that the college system retaliated against her for reporting that she was being sexually harassed by a board member.

Patricia Dodd, who is suing for compensation and damages (including lost income and benefits; attorney’s fees and court costs; and mental anguish), filed a Title IX complaint with HCC in May, stating she had been sexually harassed by board of trustee member Robert Glaser since November. Dodd, who has taught HCC for more than eight years, said Glaser pledged to help her with issues at her job in exchange for a sexual relationship, which she describes as “quid pro quo” sexual harassment.

The 50-year-old English instructor also contended in the July 8 suit that HCC Chancellor Cesar Maldonado knew about the harassment but did nothing to stop it. She claimed that Glaser was emboldened by his friend Maldonado, who also had a sexual relationship with one of his female direct reports who is married.

Both Glaser and Maldonado are named as defendants in the lawsuit, which describes a culture of sexual misconduct at the college with little consequence or correction. An attorney representing the community college said that Dodd was dismissed because she didn’t report two arrests.

Dodd alleged that Maldonado “repeatedly turn[ed] a blind eye to other male supervisors’ sexually harassing actions toward subordinate female employees” and attempted to intimidate HCC law enforcement investigating claims against him in order to protect his job. Dodd’s attorneys name at least six employees who Dodd asserts have engaged in sexual misconduct and/or sexual harassment, and at least three individuals who have allegedly helped cover for such incidents.

“Sexual exploitation and harassment of female employees at HCC is grotesque and widespread. The two most powerful policymakers at the college are male — defendants Glaser and Maldonado — whom both have engaged in repetitive, flagrant, sometimes grotesque bullying and vile sexual exploitation of vulnerable subordinate female employees at the college,” stated Dodd’s attorneys Ben Hall, George J. Hittner and James Ardoin in the court document.

Maldonado said in a written statement that the allegations against him are false — that he had not had an affair with a direct report, nor had he any prior knowledge of a relationship between Glaser and the instructor.

“I was not aware of any inappropriate relationship between Trustee Glaser and any college employee until recently, at which time I reported the information to the board and to appropriate regulatory authorities,” Maldonado wrote. “The college and I take all such allegations very seriously and I expect an objective and thorough investigation.”

See here and here for some background. Dodd says her firing was in retaliation foe filing the sexual harassment complaint against Glaser. The attorney for HCC says it was because she failed to inform the college of two arrests, both for assault and both since 2019. All I can say at this point is that this is a big mess. I hope we get to the bottom of it quickly.

FBI looking into Constable “bachelor party sting” mess

Never a good sign.

Constable Alan Rosen

Federal investigators are probing the Harris County Precinct 1 Constable’s Office after several current and former female employees accused superiors of sexually exploiting them during undercover anti-human trafficking operations, a lawyer for the women confirmed Thursday.

Attorney Cordt Akers, who is representing several of the women, confirmed Thursday that federal investigators had subpoenaed his clients to learn more about their allegations.

“Our clients have been in full cooperation with the federal authorities in their investigation into the horrible misconduct in the Precinct 1 Human Trafficking Unit,” he said, in response to questions from the Chronicle. “The serious nature of these crimes deserves serious attention, and we are happy that this conduct will no longer go unchecked.”

FBI Spokeswoman Christina Garza declined to comment on the case.

“Per Department of Justice policy, the FBI does not confirm or deny the existence of any investigation,” she said.

[…]

In an emailed statement, County Judge Lina Hidalgo said she was “aware” of the allegations and “obviously concerned,” but said the lawsuit prevented her from saying anything more.

Precinct 2 Commissioner Adrian Garcia — who has previously clashed with the constables over questions about efficiency or redundant or wasteful law enforcement operations — said the FBI “must have the opportunity to thoroughly investigate these allegations.”

“Without knowledge of specific facts, this is not a time to speculate on what may have transpired,” he said. “That being said the allegations that have been made public are extremely disturbing and these women deserve to have their allegations thoroughly investigated.”

See here, here, and here for the background. I did call for an outside investigation into this case. Not what I had in mind, but it counts. Unless something leaks, we’re not going to know any more about this until such time as the FBI finishes its business. So sit back and wait patiently, and be glad you’re not Alan Rosen right now. The Press has more.

Glaser removed as HCC Chair

Appropriate.

Robert Glaser

Houston Community College board of trustees member Robert Glaser was removed from his position as chair following allegations that he sexually harassed an instructor.

The board voted on June 25 to replace Glaser with John P. Hansen as chair, according to a university statement. Hansen, who was elected to the board in November 2015, represents District VI and has served on the board for Alief Independent School District for over 20 years, according to his biography on the HCC website.

“Dr. Hansen brings a wealth of knowledge and experience in board leadership in both community colleges and public schools. Dr. Hansen has served in the capacity of HCC Board Chair the previous calendar year and is deeply committed to the mission of our college and the important return to campus across the district,” said HCC’s written statement to the Houston Chronicle Wednesday.

Glaser will remain on the board, according to the statement, and “the Board of Trustees will be cooperating with the appropriate authorities and protecting personnel privacy due to the sensitive nature of these allegations.”

See here for the background. As the story notes, there is an ongoing investigation, about which we know nothing. The Board could not operate with legitimacy with Glaser as Chair while this was happening. Whatever the outcome of the investigation, this was the right thing to do at this time.

HCC Trustee accused of sexual harassment

Ugh.

Robert Glaser

A Houston Community College instructor who accused a college board of trustees member of sexual harassment said HCC executives, including the college’s chancellor, were aware of the misconduct but did nothing to stop it.

Documents obtained by the Houston Chronicle reveal that a 50-year-old female instructor at HCC filed a Title IX complaint, reporting that HCC Chancellor Cesar Maldonado knew she was being sexually harassed by trustee chair Robert Glaser.

The instructor alleged in a May 10 complaint that since November 2019 Glaser has “physically, mentally and emotionally abused and continually sexually harassed” her and offered to help improve a hostile work environment in exchange for sex.

The Houston Chronicle typically does not identify victims of alleged sexual assault or harassment.

Maldonado, who was allegedly on phone calls with Glaser when he visited the instructor’s home, however, did nothing to stop their interactions, according to the filed complaint. The instructor claimed that Maldonado was guilty of his own misconduct, and at the time, was having a sexual relationship with a married female subordinate who was also his direct report.

The instructor’s attorney Ben Hall said the woman received a notice May 21 stating that her contract at the college would not be renewed.

“The sexual harassment she endured at HCC by one of its trustees was consistent with a pattern and practice of top HCC executives engaging in illicit sexual conduct with female subordinates. This practice included the wrongdoing of the college chancellor whom the trustee used as an example or excuse for his own sexual misconduct,” the complaint says.

Maldonado said in a written statement that the allegations against him are false — that he had not had an affair with a direct report, nor had he any prior knowledge of a relationship between Glaser and the instructor.

“I was not aware of any inappropriate relationship between Trustee Glaser and any college employee until recently, at which time I reported the information to the board and to appropriate regulatory authorities,” Maldonado wrote. “The college and I take all such allegations very seriously and I expect an objective and thorough investigation.”

[…]

Dr. Reagan Flowers, vice chair of HCC’s board, said in a written statement Monday that trustees recently learned about the “disturbing allegations” and launched an independent investigation.

“We find the content of the complaint deeply concerning and take this and any accusations against trustees very seriously. We will be cooperating with the appropriate authorities and protect personnel privacy due to the sensitive nature of these allegations,” Flowers wrote.

Paul Lamp, outside counsel for the community college and a partner at Karczewski Bradshaw Spalding, said the investigation, which was launched by an independent law firm soon after the instructor’s complaint was received, is still ongoing.

The story contains more details about the complaint, and you can go there to read more. It’s also an update to an earlier version hat mentioned “a live hearing, during which the instructor and her adviser will be able to cross-examine or ask Glaser and witnesses questions, which follows the college policy”. I hope that the investigation and hearing will shine more light on all this, but let’s be clear that if there is any truth to these allegations, then Glaser needs to resign. He should also recuse himself as Board Chair until there is a resolution.

One more thing:

Hall said more damaging details related to the case will likely be revealed within the weeks to come.

“This is just the tip of the iceberg,” Hall said.

I don’t know what else to say. Get it all out in the open, and be ruthless about cleaning whatever needs to be cleaned.

How the NFL handles domestic violence and sexual assault charges

With great inconsistency, is the short answer. Anyone interested in what may happen with Deshaun Watson should read this.

Ray McDonald was playing for the San Francisco 49ers in August 2014 when he was arrested for allegedly assaulting his pregnant fiance.

Charges were never filed. He never missed a game.

Four months later, in December 2014, McDonald became a suspect in a sexual assault case. The 49ers cut him from the team, but the NFL did not take action.

The Chicago Bears signed McDonald three months later, in March 2015. The rape charges were dismissed in 2017 after the victim declined to testify.

In May 2015, McDonald was in trouble yet again. He was arrested after allegedly assaulting his ex-fiancee in California while she was holding their infant son. A grand jury declined to indict him on the domestic violence charge.

The Bears cut him from the team. The NFL has not taken action, and McDonald has not played since.

Cases such as McDonald’s illustrate the NFL’s inconsistent punishment system for players accused of sexual and domestic violence, experts in sports and violence culture say: As long as a player is good and making a team money, they will receive some modicum of protection.

The league took steps to improve its domestic and sexual violence education — and strengthen its punishment policy — after Baltimore Ravens’ Ray Rice in 2014 knocked his then-fiancee unconscious in an elevator in Atlantic City. Now, the league’s baseline is a six-game suspension for the first violent — or threat of violence — offense and a lifetime ban for the second. The player does not have to be charged or convicted of a crime to receive this punishment.

It is very difficult to track how many NFL players are accused of violent offenses and whether they faced punishment by their teams or the league. The NFL does not maintain a public database of its disciplinary actions.

However, using a USA Today database supplemented by Houston Chronicle reporting, the newspaper found nearly 80 instances in which players had been accused of, cited, arrested or charged with violent offenses since January 2015, after the NFL revised its policy.

Only 27 of the 68 players examined by the Chronicle received an NFL suspension, and often the punishments doled out were inconsistent. At least nine players from 2015 to present were repeatedly accused, arrested or charged with a violent crime, often before receiving any sanctions from the league.

About 32 percent of those nearly 80 instances resulted in punishment through the criminal justice system. In the instances they were not, cases are still ongoing, the players were acquitted or the charges were dropped. Some accusations were not reported to police or the alleged victims recanted their stories or declined to proceed.

There’s a lot more, so read the whole thing. The NFL has been bad at this for a long time (other sports leagues are not much better), but they’re at least more engaged with the issue now. It’s a complicated question, and how the leagues respond will need to continue to evolve. If you’re any kind of sports fan, you’ve had to deal with a lot of mixed feelings over this. It’s not going to get any easier.

Bring in an outside investigator

That’s the Chron editorial board’s advice for Constable Alan Rosen.

Constable Alan Rosen

Rosen’s office declined to comment to the editorial board Thursday, but in an earlier statement, he said that when he was made aware of the allegations, he “proactively” ordered an internal affairs investigation months ago and “immediately” replaced the supervisor of the human trafficking unit. The investigation, he said, found no violations of law or policy. The constable, whose name has been floated as a replacement for Sheriff Ed Gonzalez if he joins the Biden Administration, suggested the allegations were being brought to impugn his department’s reputation.

“I have a zero-tolerance stance against sexual assault and sexual harassment and would never allow a hostile work environment as alleged,” he said.

If Rosen means that, he shouldn’t hesitate to call for an independent investigation by the FBI’s public integrity unit or the Texas Rangers to get to the bottom of the disturbing claims. Harris County Judge Lina Hidalgo and others on the commissioners’ court should be seeking the same probe and certainly not consider Rosen for the sheriff’s post until they get to the bottom of what happened.

We don’t encourage public officials to cast early blame without all the facts. And indeed, people other than Rosen have pushed back on the lawsuit’s claims, including that the implication that Harris County District Attorney Kim Ogg wasn’t willing to get involved.

“The allegation that our office failed to take action is completely false. It’s offensive,” said DA spokesman Dane Schiller. “There was no cover-up, no laziness, no lack of caring by our prosecutors.”

Still, somebody must investigate — other than the department accused. If the allegations don’t pan out, Rosen’s name is cleared. If they are true, the officers’ actions suggest far more than workplace harassment but deeper corruption, potentially criminal wrongdoing and a toxic culture in urgent need of reform.

See here and here for the background. I basically agree with all of this, and I agree that it’s what Constable Rosen himself should want. It’s the best way to get at the truth and have it accepted as such. If Constable Rosen resists this idea, then Commissioners Court should give him a push, or take the decision out of his hands. Let’s not waste time on this, we the voters in Precinct 1 deserve to know what’s going on.

Timeframe for Watson depositions

This is going to take awhile.

Deshaun Watson’s attorneys in September can begin deposing plaintiffs in the 22 sexual assault and harassment cases against the Texans quarterback, according to court documents.

State District Judge Rabeea Sultan Collier on May 10 signed an agreed docket control order which maps out dates for various phases of the litigation. Watson cannot be deposed before Feb. 22.

[…]

The women can be deposed beginning Sept. 13, with up to six hours allotted for each plaintiff’s personal deposition. The Houston Chronicle typically does not identify victims of alleged sexual assault or harassment.

Watson himself can be deposed in late February and cannot exceed 48 hours of deposition, according to the docket order.

No settlement negotiations were underway earlier this month, when defense attorney Rusty Hardin released a statement claiming Buzbee had approached his team in attempts to discuss settlements. Buzbee denied that allegation, posting on Instagram that he had never approached Watson’s team to settle.

Hardin has said any potential settlement would need to be public.

See here and here for my previous updates. I haven’t posted on this in awhile, partly because we are now at the slow legal process point of the saga and partly because of other news. Sean Pendergast is more up to the minute on this stuff – see here, here, and here for his most recent updates. The discovery process in the lawsuit has begun, and that has the potential for some big revelations to occur, the kind of thing that one side or the other has been keeping quiet about. The depositions will likely tell us some new things as well. Settle in for the long haul, there probably won’t be much more to say for awhile.

Another deputy constable files suit

More bad.

Constable Alan Rosen

When Precinct 1 Constable deputies accused their bosses of sexually exploiting them during undercover vice operations last week, their attorney vowed there would likely be more allegations in the near future.

On Wednesday, Cordt Akers returned to the podium in the foyer of his Montrose firm, and introduced Pct. 1 Deputy Constable Jasmine Huff. And Huff, he said, had also been sexually exploited during so-called “bachelor party stings” while working on the department’s human trafficking task force.

“She is not hiding behind the anonymity of Jane Doe lawsuit, as is her right to do,” Akers said.

Huff is the fourth current or former deputy of the Harris County Precinct 1 Constable’s Office to say she was sexually mistreated while working on the the agency’s Human Trafficking Task Force. A fifth employee —Jacquelyn Aluotto, who worked for the agency as an advocate for victims of human trafficking — has also sued Precinct 1, saying she was ignored and then fired when she conveyed concerns about the department’s vice operations to superiors.

The suit, initially filed last month, names Rosen, Assistant Chief Deputy Chris Gore, and Lt. Shane Rigdon. The alleged incidents occurred in the department’s human trafficking task force in 2019 and 2020. In response to the initial lawsuit, which raised similar allegations of sexual misconduct and other improprieties, Rosen released a statement late last month saying his office had previously investigated the alleged incident, but found no violations of law or department policy.

In response to the latest accusations, Rosen on Wednesday issued a statement declining to comment on the case because “there is a legal matter pending” and privacy issues.

In an amended 45-page complaint filed in federal court Wednesday morning, Huff’s attorneys alleged that she was a young deputy when her bosses assigned her to the HCCO-1 Human Trafficking Unit.

See here for the background. I’m skipping over the details of the allegations for the same reason as before, it’s disturbing stuff and you can read it in the story. I have the same reaction as before, that this is bad on every level, and even if you believe that Rosen had no direct involvement, this happened on his watch. He’s responsible for that.

Brock Akers, another attorney on the case (and Cordt Akers’ father) also rejected accusations that the lawsuit was an attempt to hamstring Rosen’s political ambitions. Prior to the lawsuit’s filing, Rosen had been widely rumored to be interested in seeking appointment to replace Harris County Sheriff Ed Gonzalez, or to run for sheriff in 2024.

Akers called such speculation “flat out wrong.”

“These things happened,” he said.

County commissioners have yet to address the allegations against Precinct 1, or Rosen, a fellow elected official. In response to questions, a spokesman for Judge Lina Hidalgo said she was “aware of these allegations and obviously concerned,” before declining to comment further because of the ongoing court fight.

I have not seen any names floated as possible replacements for Sheriff Gonzalez as yet – I daresay that will wait at least until his confirmation hearing is on the Senate calendar. Rosen would normally be an obvious possibility, and he is known to have bigger ambitions, but again, this happened on his watch. I don’t know how this turns out, but it sure seems like a bad time to be seeking a promotion.

The Trib adds on to the updated date rape drug story

I was a little surprised when there wasn’t a Texas Tribune story about the revelation that the date rape drug allegation levied against a lobbyist turned out to have been fabricated. They’re usually pretty quick on stuff like that, even when it wasn’t their scoop. With the publication of this story, I can see why. It focuses on the lobbyist in question, and it’s a deep dive.

Although it had not been officially released, the investigative report began ricocheting around computers and cellphones at the Texas Capitol early Tuesday evening, and it made one thing unambiguously clear: Rick Dennis, a lobbyist with one of Austin’s most prominent firms, was not guilty of using a date rape drug on two female legislative staffers during a night out in Austin.

Rumors that Dennis had been accused of doing so rocked the Capitol in late April, prompting outraged reactions from legislative leaders and state lawmakers. But a Texas Department of Public Safety investigation found the allegation baseless. Authorities soon after said they would not seek charges.

The DPS report, a copy of which was obtained by The Texas Tribune, concluded that the false allegation was fueled by two female legislative staffers, one of whom was trying to cover up behavior of her own that had nothing to do with Dennis.

Still, the incident laid bare larger questions about a Capitol culture that many female staffers say often leads to allegations of misconduct and harassment being brushed under the rug by those with the power to act.

Dennis has faced multiple accusations of inappropriate behavior with women as both a legislative staffer and lobbyist — and in at least two instances has been banned from visiting certain Capitol offices because of them, according to current and former staffers and documentation reviewed by the Tribune.

Those past allegations include offering graphic descriptions of sex acts inside a House member’s office, openly speculating about the sex lives of female and male employees, and creating “an office contest” in which Dennis demanded that he, as winner, would be able to “shoot white yogurt” onto the face of the loser, a female subordinate.

Those complaints, though, appeared to have little effect on his stature at the Capitol.

Dennis, through his attorneys, largely denied previous allegations to the Tribune. He did express regret about his time in state Rep. Tan Parker’s office during the 2015 legislative session, which he characterized as a stretch that “had too much of a locker room environment.”

Dennis’ history does not include accusations involving physical behavior or sexual violence, according to current and former staffers interviewed for this story. But his reputation for inappropriate comments, in part, explains why the date rape drug allegation took hold fiercely when it surfaced.

While lawmakers appropriately expressed outrage over fears that a staffer had been drugged, Capitol workers say, they’re bothered that years of documented complaints about sexual harassment didn’t meet the same threshold for those in power.

The latest incident has sent a message about what isn’t acceptable in the culture of state government. And what apparently is.

[…]

Dennis has been a presence at the Capitol for years. He worked for Parker — a Republican House member whose office declined to respond to a list of emailed questions for this story — from 2007-15, according to Dennis’ LinkedIn profile. Dennis also held a role as a strategist for the House Republican Caucus, his LinkedIn shows.

As the 2015 legislative session wrapped up, Julie Young, who at the time was working in Parker’s office, said she endured or witnessed multiple instances of harassment from Dennis, the lawmaker’s chief of staff. Young wrote a letter to Parker detailing incidents involving Dennis in the office and shared it with other staff members. Young said she brought a hard copy of the letter to discuss with Parker at a June 2015 meeting the two had scheduled.

The letter, a copy of which was shared with the Tribune, said the instances listed “made [the office] all extremely uncomfortable” and made Parker’s “office an unbearably hostile work environment.”

“We are under direction to discuss these issues with you first,” the letter said, “and then if the situation is not handled internally, we are told to go straight to House Personnel who will take the issue to [then-House Administration Chair] Charlie Geren.”

The letter described Dennis speculating about the sex lives of female and male employees in front of other members of the office. The letter said he repeatedly told two staffers they would “sleep together before session is over.” Dennis also “repeatedly said to multiple people” that Young has “Fuck me eyes,” the letter said.

The letter also described “an office contest” Dennis held “in which he demanded that the winner be able to ‘shoot white yogurt onto the loser’s face.’” A female staffer lost “and had white yogurt thrown in her face by Rick, in the office,” the letter said.

In the two weeks after receiving the letter, Parker met individually with staff members and confirmed with each of them the incidents detailed in that letter, Young told the Tribune. Soon after that, she said, Parker held a meeting with staff in his office and apologized, saying they wouldn’t have to come in contact with Dennis moving forward.

Parker, though, continued to pay Dennis and did not sign paperwork terminating his employment until five months later, in November 2015, according to House personnel and payroll records reviewed by the Tribune.

Dennis, in response to an emailed list of questions for this story, largely denied the allegations and said he felt the letter was “unfair.” But he did say that, “during that period of time,” Parker’s office “had too much of a locker room environment.”

“I admit that and regret it on behalf of all of us,” Dennis said. “However, it is absolutely false that I engaged in any of this activity that wasn’t being engaged in by all of us, male and female. The very same kind of banter was pointed at me as well.”

In response to the yogurt-throwing allegation, Dennis said it “was not a contest, but rather an agreement” with a friend and office colleague who had a birthday close to his.

“Instead of exchanging birthday gifts, we agreed that on her birthday she could throw a spoon of yogurt at me and I could do the same to her on my birthday,” he said. “Neither the instance where one spoonful of yogurt was tossed at me or at my colleague was done in a demeaning manner.”

Dennis said the idea came from the TV show “Modern Family” “and the fact that my colleague loved eating yogurt in the afternoons.” Staff members from other offices were present, as was his wife, he said.

“It was a joke in which we all engaged in willingly,” Dennis said.

See here for the background. That’s a long excerpt, but there’s a lot more where that came from, and you should read it. Richard Dennis was absolutely damaged by the false allegations made against him, and he has suffered for that. Based on this story, in which not one but two legislators called HillCo to tell them to keep him out of their offices, he didn’t have a great reputation among legislative staffers. You can make of that what you will.

The Capitol date rape drug allegation was fabricated

Jesus Christ.

The news landed at the Texas Capitol last month like a bombshell: State police were investigating claims that a male lobbyist from one of the most influential firms in Austin had used a date rape drug on two female legislative staffers.

The Capitol quickly swung into outrage mode. Female legislators wore pink in solidarity with the victims. The House speaker condemned the “disgusting, detestable allegations.” After the alleged culprit was identified, some legislators banned his firm, HillCo Partners, from their offices. And new laws requiring that lobbyists receive harassment training were proposed.

Within a week, however, the Travis County district attorney and the Texas Department of Public Safety announced in a statement that they would not be bringing any charges. “We have concluded there is not enough evidence to support these allegations. … No crime occurred in this instance,” DPS and DA Jose Garza said.

Now, a DPS investigation has concluded that a legislative staffer fabricated the story of the date rape drug to cover up embarrassing personal behavior. “No evidence or facts obtained during the investigation support the allegation,” the 50-page report said.

In a separate audio recording obtained by Hearst Newspapers, the investigator went even further, describing the accused lobbyist, Richard Dennis — not the female staffer — as “the victim” in this case. “She lied to me,” the investigator, Special Agent Patrick Alonzo, can be heard saying. “She orchestrated all this.”

DPS turned over the results of its investigation to the district attorney’s office indicating that the woman was deceitful in her dealings with the police, but prosecutors declined to charge her. Garza, a Democrat elected in 2020, did not respond to questions from Hearst Newspapers.

In a lengthy interview in the office of his attorneys, David and Perry Minton, Dennis said that when he learned he was the suspect in the drugging case, he felt like his career was over. At one point, he said, he thought about killing himself.

“I contemplated, with my life insurance, maybe I am at this point better off not walking this earth, to my family, than I am walking in it,” said Dennis, 42. “She needed an alibi. For some reason, this is the story that she settled on.”

See here, here, and here for the background. I believed the accuser. There was no reason not to – there was nothing fantastical about her claim. Far too many women have their own stories to tell, and the Capitol’s reputation as a hostile work environment for many women is well earned. The policies put in place following the 2017 stories about the Capitol’s culture were not very robust, with the omission of lobbyists from the mandatory sexual harassment training being dumb and obvious. I don’t regret emphasizing the voices of the women who were speaking out following this accusation.

But this story turned out to be a lie, and the lobbyist who was named by the accuser (and whose name was published by Michael Quinn Sullivan’s website The Scorecard) was the actual victim. That’s terrible for Richard Dennis, who did not deserve to have any of this happen to him. I was suspicious when the investigation ended with no charges being brought – we have certainly seen that outcome in cases where the story was not made up – and that turned out to be wrong. I hope Richard Dennis is able to get his life back together and that he gets any help he might need in processing what happened to him, and I hope that people remember him for more than this.

This is also terrible for everyone who has been or is being or will be victimized by an actual sexual predator, because now there’s another reason for many people to dismiss and disbelieve them. False accusations like this are quite rare, something like two percent of the total, but they sure leave an impression. I don’t know what drove this woman to make the decision she did, but I sure hope she lives with the regret and guilt of that choice for a long time. She did a lot of damage, and not just to Richard Dennis.

This story may have been untrue, but the culture at the Capitol, and so many other places, remains a problem. It still needs everyone’s efforts to fix it. Don’t let one lie and one liar distract you from that.

Time for a new Constable scandal

This is super duper ugly.

Constable Alan Rosen

Untrained deputies picked for “undercover” vice assignments — only to be molested and traumatized by superiors. Prostitution stings devolving into “booze-fueled playgrounds.” And a concerned Precinct 1 Constable Office’s employee, fired after she reported the alleged misconduct to the department’s internal affairs division.

Those are among allegations laid out in a bombshell 40-page civil rights lawsuit filed Monday morning in federal court against Harris County, Precinct 1 Constable Alan Rosen, and two of his top-ranking superiors.

Three current and former deputy constables — and one other plaintiff — alleged a wide array of misconduct at the constable’s office, one of the largest in Harris County, including sexual harassment, sexual battery, civil rights violations and retaliation. The alleged incidents took place in 2019 and 2020.

At a Monday morning news conference, attorney Cordt Akers discussed the lawsuit, flanked by three of the plaintiffs in the case: Felecia McKinney, Jacquelyn Aluotto and Liz Gomez.

Rosen, he said, ran, oversaw, and approved an “ongoing free for all.”

“Senior male deputies were given carte blanche to use young female deputies for their own sexual pleasure on these operations without fear of repercussions.”

Rosen’s office has not commented on the lawsuit.

According to the lawsuit, the supervisors of the constable’s office’s human trafficking unit decided to change operations to perform “bachelor party” stings. The plan was simple, according to the lawsuit: deputies set up surveillance in a hotel room, and male and female deputies — all undercover — pretended to be partygoers, with some of the female deputies posing as prostitutes, potentially enticing sex workers to agree to sell sex for cash — and quickly leading to an arrest.

Three current and former female deputy constables alleged they were picked for the undercover unit despite being inexperienced rookies. Gomez “was continuously subjected to sexual harassment, unwarranted touching, unwanted kissing, molestation, and sexual ridicule during her work on the Human Trafficking Unit,” according to the suit.

The suit also states the female deputies were ordered to purchase and wear revealing clothing for these operations — only to be kissed and otherwise molested by one of their superiors, and that deputies drank copious amounts of alcohol during the so-called “bachelor party” stings.

Attorney Brock Akers — Cordt Akers’ father and another lawyer on the case, said that the case was unique in the many decades he has practiced law in Harris County.

“I thought that I’d seen it all. I was wrong,” he said. “(Precinct 1) leadership gave in to their own prurient turning the female deputies they commanded into the sex exploitation victims they were arguably trying to save.”

There’s more, and there’s a copy of the lawsuit embedded in the story. It doesn’t get any better, and at no point is the question “why did anyone think that ‘bachelor party stings’ was ever a good thing to expend law enforcement resources on” answered. I’m basically at a loss for words here. Constable Rosen’s office hasn’t commented yet, and I suppose maybe there’s something they could say in their defense that might mitigate some of this, but offhand I have no idea what that might be. Here’s what I think should happen, assuming there isn’t some clear evidence to suggest these charges aren’t true: Constable Rosen and the two other named defendants should resign, and the Harris County Attorney’s Office should decline to take any legal action in their defense, other than to negotiate a very generous settlement. The rest of us should once again wonder what the office of Constable is good for these days, and why we still have them as separate elected offices with their own organizations, instead of folding them into the Sheriff’s office.

(The irony of this story coming out on the same day that the House passed the anti-police defunding bill is something, that’s for sure.)

UPDATE: The later version of the story contains this from Constable Rosen:

In a lengthy statement issued Monday afternoon, Rosen said he had a zero-tolerance stance against sexual assault and sexual harassment “and would never allow a hostile work environment” as alleged in the lawsuit. The constable also said when his internal investigators began looking into the matter several months ago, he “immediately” transferred leadership of the Human Trafficking unit to another supervisor, who is still overseeing the unit today.

He said the court filing was “an effort to impugn the good reputation” of his department. Rosen explained in the statement that when he learned of concerns “by a third party several months ago,” he instructed internal investigators to probe the matter.

“We did this even though no one made a formal complaint,” he said, in the statement. “To this day, not one of these plaintiffs has ever made a formal complaint. Each employee interviewed was given the opportunity, in a safe environment, to express any concerns. Their own interview statements contradict many of the allegations in the lawsuit.”

The department’s Administrative Disciplinary Committee found no violations of law or policy, Rosen wrote.

The full statement is here. Make of it what you will.

There’s lots of room to improve sexual harassment training at the Lege

They’re starting from a really low point.

You could miss both questions about sexual harassment and still pass the preventative training required every two years for Texas House staffers.

The online training, a roughly 15-minute lecture on sexual harassment sandwiched between lessons on anti-discrimination and workplace violence, mostly dwells on definitions, with a narrator explaining different types of sexual harassment. But it offers no real-life examples or hypothetical situations — both of which are key to an effective sexual harassment training, three experts who reviewed the video said.

At the end, staffers only need a 70 percent to pass the 10-question quiz. They can take it as many times as needed to pass.

“It felt like it was the very bare minimum that they could afford, and I just kind of viewed it as a box I needed to check,” said one staffer, who spoke on condition of anonymity for fear they’d be punished for speaking out without authorization. “Did I feel that it was helpful and gave me resources and equipped me to be able to respond if I felt harassed or discriminated against? No. I did not feel that way.”

The online training is also emblematic of past efforts to address complaints of rampant sexual harassment and “predatory behavior” toward women who work at the Capitol — symptoms of what House Speaker Dade Phelan called “a culture that has been festering in this building far too long.”

Concerns were heightened by reports late last month that a lobbyist used a date-rape drug on a Capitol staffer during an off-site incident.

Phelan has said he is already working to revamp the training and make it an in-person class in the future. The first-year speaker has also established a new email for members, staffers and Capitol visitors to report misconduct anonymously: [email protected]

Late Tuesday, the House passed a bill mandating sexual harassment training for all elected officials and lobbyists; it now heads to the Senate for approval.

See here for some background on the date rape drug incident. The bill passed in the House is HB4661. A similar bill – SB2233 – was passed last week by the Senate, which also closes the lobbyist loophole. I expect at least one of these will make it to Greg Abbott’s desk.

As to how they could actually do better at the Lege, at least from a training perspective:

Three experts who reviewed the House’s online training said it only covers basic legal principles, leaving much room for improvement. Good training, they said, may prepare staffers for uncomfortable situations and give them resources to report misconduct. But the most important part of weeding out sexual harassment in the workplace is buy-in from leaders who hold bad actors accountable and treat survivors with respect and dignity.

“Training is one component, but if you don’t address the culture and all of the underlying issues, it’s almost a waste of time,” said Kelsey Medeiros, an assistant professor of management at the University of Nebraska Omaha, who has spent years researching workplace ethics and sexual harassment. “If you don’t have this environment around it that is going to support what people have just learned, it’s not going to work. It needs to be a culture change.”

Medeiros said the training is especially important in a place like the Legislature, a historically male-dominated work environment that could be conducive to harassment, especially of women.

The experts specialize in ethics and sexual harassment and reviewed the training at the request of Hearst Newspapers, which obtained the video through a public records request.

A switch to in-person training could also help with engagement, since the online format makes it easy for people to turn their attention elsewhere while a video plays, said Jessica Ramey Stender, senior counsel for workplace justice and public policy at Equal Rights Advocates, an activism group that focuses on gender-based issues in the workplace.

It also doesn’t help that some people don’t take the training at all: In some legislative offices, one employee will take the training and print out multiple certificates of completion for their colleagues, staffers said.

“One of the main reasons why sexual harassment trainings aren’t successful is that they can be pretty boring and dry and don’t hit home for people,” Stender said. “In this training, they launch right into the law, without talking about the kind of specific power dynamics that really play into and contribute to sexual harassment occurring in this context and make it more likely to occur.”

In the next iteration of the training, House leadership would do well to include more information about the ways a person experiencing harassment is affected by it, said Amy Averett, the director of the SAFE Institute program, the training and services arm of the Austin-based nonprofit SAFE that works to prevent sexual abuse and misconduct.

“It doesn’t give any context for how difficult it is and why people don’t speak up,” she said. “There wasn’t that kind of invitation or offering of support, kind of thinking about it from the survivor’s perspective.”

Best practices are pretty well known here, so there’s no excuse for getting this wrong. And again, while providing a robust education regimen and a safe way to report incidents is important, nothing will really change until the overall culture changes. It will take a lot more than better training to accomplish that.

No charges files in Capitol date rape drug incident

A not very satisfying resolution.

The Texas Department of Public Safety and Travis County District Attorney’s Office said Thursday “that there is not enough evidence to support” an allegation that a lobbyist used a date rape drug on a Capitol staffer and that “no crime occurred in this instance.”

“DPS has conducted a thorough investigation following allegations of drugging of a Capitol staffer by a lobbyist,” the joint statement said. “Together, we have concluded that … criminal charges are not appropriate.”

The statement did not name the lobbyist, and officials have not offered further details — including the names of anyone allegedly involved — since DPS confirmed it was investigating the allegation, as first reported by the Austin American-Statesman.

Earlier this week though, after DPS confirmed it was investigating the allegation, Bill Miller, a co-founder of the prominent Austin-based HillCo Partners, told The Texas Tribune that one of its employees was “a person of interest” in the investigation.

In a statement after Thursday’s news, Miller said that neither the firm nor the employee “had absolutely anything to do with the” allegation and said “DPS found we are completely clear of any and all wrongdoing.”

“The announcement today confirms our own internal investigation into the issue,” Miller said. “We commend law enforcement for a forceful and swift investigation into this serious matter.

After news of the investigation surfaced Saturday, state lawmakers, staffers and other Capitol observers expressed outrage, with many House members declaring that they planned to ban from their offices any lobbyist or lobby firm associated with the accusation. By Sunday, Buddy Jones, another co-founder of HillCo told state lawmakers in an email that the group had hired outside legal counsel and “a respected former law enforcement official” to launch an investigation into the matter.

Meanwhile, Austin lawyers David and Perry Minton, who said earlier this week they were representing a person” purportedly being looked into” for the investigation, said in a statement Thursday that the allegation was “100% false.”

“It is our opinion that the individual or individuals involved in this outrages and immoral scheme [of making the allegation] should be held accountable by their employers and then prosecuted by our new district attorney,” the two said.

See here and here for the background. You can see the full statement here. Saying there’s not enough evidence to support the allegations is not the same as saying that nothing bad happened – to say “no crime occurred” is a tautology, since that is exactly what it means to not bring charges. We have due process for a reason, and this is the result. Maybe nothing did happen, or at least nothing that was ill-intentioned. Maybe it was too late for a drug test to render a judgment, since rohypnol metabolizes quickly. Maybe this was just another powerful guy getting away with it. We’ll never know for sure. If the lobbyist in question, whose name has been released by one right wing website, is innocent then this really sucks for him, since this incident will always follow him around. It’s going to suck even more for the woman who made the allegation, especially if it was true.

Putting all that aside, and putting aside the bills that have been filed to try to do something about sexual harassment and sexual assault at the Capitol, the one thing that seems clear is that little to nothing will change from a cultural perspective. Women aren’t going to be any more respected or valued at the Capitol, and the men who have been at the forefront of creating the hostile environment they work in – as well as the men and women who enable that environment – will not be held accountable. It’s aggravating, and I say that as a dude who has never been in a remotely similar position. My thoughts are with the woman who made the report, and with everyone who has ever gone through something like that. The Chron has more.

Yes, lobbyists need sexual harassment awareness training, too

Closing an obvious loophole.

Sen. José Menéndez

In the aftermath of the story that rocked the Capitol this weekend of a lobbyist using a date rape drug on a legislative staffer, the Legislature is starting to take action.

Sen. José Menéndez (D-San Antonio) filed a bill on Tuesday that would require lobbyists to under sexual harassment and ethics training before registering as a lobbyist.

The state senator tweeted, “This bill is replicated after the Texas Senate policy which requires completion of sexual harassment training every 2 years by Senators & all staff. If lobbyists are going to work in & around Capitol, & directly with our staff, they too should be held to a responsible standard.”

All 31 senators have signed on to SB 2233 as co-authors, and it is scheduled for a hearing in State Affairs on Thursday.

The Senate action is one of many steps the Legislature is calling for, and legislators say the problem goes much deeper. Rep. Ina Minjarez told The Texas Tribune, “There is still a culture of silence and covering things up.”

[…]

Rep. Victoria Neave (D-Dallas) filed HB 21 last November that would allow an individual to file a sexual harassment complaint to the Texas Workforce Commission within 300 days of the incident. The bill was languishing in the Calendars Committee until yesterday when it was scheduled for the House floor on Thursday.

See here and here for the background. Good thing we heard about this before the May 13 deadline for bills to be advanced out of committee, isn’t it? One may reasonably wonder why lobbyists weren’t covered in the previous legislation about sexual harassment, but at least that embarrassing loophole can still be closed now. It’s a tiny baby step – again, this is a massive culture problem, one that to paraphrase Max Planck is likely only to see advancement one political funeral at a time – but it’s still a necessary baby step. Also good to know that this Lege and its leadership can attempt to solve a problem when it puts its mind to it. The Chron has more.

More on the Capitol date rape drug allegation

Good for Speaker Dade Phelan for forthrightly calling this out, but the underlying issue is a matter of culture, it’s been this way for a long, long time, and it’s going to be a slog to change it.

Texas House Speaker Dade Phelan in a speech to colleagues Monday called for reforms to some of the chamber’s policies relating to sexual harassment training and reporting, days after an allegation came to light that a lobbyist used a date rape drug on a Capitol staffer.

“These allegations shake our Capitol family to its core,” the first-term Republican speaker said soon after the House gaveled in, “and I am disgusted that this sort of predatory behavior is still taking place in and around our Capitol.”

On Saturday, the Texas Department of Public Safety confirmed it had opened an investigation into a complaint made recently by a Capitol staffer. Officials though have so far declined to comment on further details, including the names of anyone allegedly involved. The news was first reported by the Austin American-Statesman.

News of the allegation prompted state lawmakers, staffers and other Capitol observers to denounce the alleged incident, with some House members declaring on social media they were banning from their Capitol offices any lobbyist or lobby firm associated with the accusation.

By Sunday, HillCo Partners, a prominent Austin-based lobby firm, told state lawmakers in an email that it had launched an internal investigation into the matter, with one co-founder of the firm later telling The Texas Tribune that HillCo had been “tipped off” that one of its employees “is a person of interest” in the investigation.

Phelan said he was directing the House General Investigating Committee to establish an email hotline for staffers in House offices to submit reports or complaints of harassment in the workplace.

The speaker also said he had directed the House Administration Committee to change the chamber’s required sexual harassment prevention training to be completed in-person rather than virtually.

See here for the background. Again, I commend Speaker Phelan for taking this seriously – we’ve all seen plenty of examples of people in similar positions of leadership who have done much worse. But let’s be honest, there’s only so much that an email hotline and in-person sexual harassment prevention training can do. The problem is cultural, it’s deeply rooted, it’s not tied to a party or ideology, and it adapts to changing circumstances. It’s going to take the collective action of the entire Capitol community to make this stop – not just not tolerating the behaviors that have existed for decades, but calling them out and imposing consequences, even on friends and ideological allies. I don’t have to tell you that this won’t be easy – just look at how the “Me Too” movement has played out in society at large – and it won’t be quick. It’s just that there’s no other choice.

I’m going to end with a few more tweets, and the hope that the staffer who was victimized by this predator finds the justice she deserves. There’s video of Rep. Phelan’s speech at KVUE, and the Chron and Reform Austin have more.

UPDATE: Welp…

Whoever was at the center of this was always going to defend himself. This tells me that his defense will be quite vigorous. It could get a lot more contentious from here.

DPS investigating allegation that a lobbyist drugged a female Capitol staffer

That’s the headline on this story, and it’s disturbing.

Texas Department of Public Safety investigators are looking into an allegation from at least one female Capitol staffer who believes a lobbyist used a date-rape drug on her during a meeting downtown, an agency spokesman told the American-Statesman Saturday.

Officials recently received a complaint from an alleged victim, prompting the investigation, DPS spokesman Travis Considine said. He would not identify the lobbyist and was unable to say when and where the incident happened.

No charges have been filed and no arrests have been made.

Authorities also said they were not prepared to disclose where in the Capitol the alleged victim worked or for which member to protect her identity.

[…]

The allegation is reminiscent of 2017 media reports of sexual misconduct in the Capitol that went back years and led to lawmakers overhauling procedures for sexual harassment reporting in 2019.

The rules, which do not apply to lobbyists, require House members and staffers to take training on identifying and responding to such misconduct, and made the chamber’s general investigating committee the main body to vet allegations.

Obviously, there’s a lot we don’t know. There’s a good chance this won’t ever lead to an arrest, in which case we may never know any more than what we know now. What we do know is that the state Capitol has long been a hostile and dangerous place for women. (I presume that is also the case for nonbinary and gender non-conforming people, we just have less reporting on it.) A lot of the focus has been on the alleged behavior of some legislators, but it’s clear that lobbyists are a big part of the problem, too. Maybe this will lead to some names being named, or for the harassment rules to be extended to include lobbyists. For sure, there is much that needs to be done to make the Capitol environment safer, and all of it starts with regulating, punishing, and just generally not tolerating the offensive, harassing, dangerous behavior – committed overwhelmingly by men – that has been excused and ignored for so long. But even before that, we have to own up to the fact that there’s a problem first.

I’m going to end with a few words from the women who feel the threat of all this every session. We must do better.

UPDATE:

Make of that what you will.

UPDATE: Here’s the Trib story, with further comment from HillCo Partners.

First Watson defense briefs filed

Just keeping an eye on developments.

Texans quarterback Deshaun Watson’s legal team on Monday filed a general denial of the 22 allegations of sexual assault and harassment, including their own claims that some of the massage therapists asked the football player if they could give him additional sessions.

The denial comes days after Watson’s attorney Rusty Hardin successfully pushed for the names of the women to become public, which he said would allow him to investigate and respond to the lawsuits. The Houston Chronicle does not typically identify victims of alleged sexual assault or harassment.

[…]

Hardin, in his response to the lawsuits, said that several of the women bragged about massaging Watson or praised him after their sessions. Others offered to work with him again, and one said she was attracted to Watson and wanted to go on dates with him, the attorney said.

Several of the women failed to disclose they had more sessions than what they said in their lawsuits, and some of them told others that they wanted to get money out of Watson, according to the filing.

Many of the women have also deleted or altered their social media accounts, where some evidence might have been found, Hardin said.

See here for the previous update. As was the case with the lawsuits themselves, do not rush to judgment about anything in the defense filings. More information will come out as the plaintiffs (and perhaps the prosecution) gets a chance to respond. Part of the job of the defense is to cast doubt on the accusers, and that is going to feel weird and perhaps aggressive. It’s not going to get any less uncomfortable from here. Sean Pendergast, who quotes from the defense brief and breaks down the different arguments being made, has more.