Unlike most universities, our Board of Trustees is not the governing body. There is a Board of Governors, which is composed of six politically appointed Governors and five Governors from among the Trustees. However, there are also committees that span both boards. One is the Governors Committee on Intercollegiate Athletics, which is composed of both Trustees and Governors. I’ve been on that committee for three years—I asked to join it because I’m not much of a sports fan and I thought the committee would benefit by having someone who could give a more objective opinion.

Last December, during a regularly scheduled committee meeting, we were verbally briefed by Athletic Director Tim Pernetti about Coach Mike Rice’s having behavioral problems, and the AD said his solution was a fine, suspension and counseling. We were not told that Eric Murdock—a former Director of Basketball Operations—had compiled a video of Rice’s behavior. We were not told about the language being used or about the inappropriate physical handling of the student-athletes. I found out about the video the same way you did—on mass media, last week. The FBI is investigating how and why the video was released.

It’s hard to watch the videotape of Coach Rice’s slinging the F-word at his players, along with basketballs. If you watched it, you’ll note that he sometimes had a lackey standing by to reload his basketball hand for him. There’s talk in chat rooms about people not understanding the process of building a team—that’s a lot of garbage. I earned my commission in a program run by Marine Corps drill instructors. They did not touch us, nor did they use language like that. From that perspective, my opinion is that Coach Rice’s behavior was completely unacceptable. He should have been fired on the spot.

And that’s apparently what the AD wanted to do. But he was apparently counseled to get a legal opinion, so an outside law firm was engaged to investigate—a firm that does not have the word “diversity” on its website. The report was NOT provided to the board or the athletics committee; in fact, I had no knowledge that there was an investigation or report until it was emailed to me last week. The report was contradictory in a way—it said that Rice did not create a “hostile work environment” (really?), but that there were grounds to fire him. The most legally conservative approach was taken—Rice was given a suspension, fine, counseling and a monitor—and, apparently, his behavior this year was acceptable.

So what can we learn from this?

1. Understand your organization’s mission and values. In the wake of the Tyler Clementi tragedy, Rutgers accelerated its already good LGBT policies to be one of the best in the country. The coach’s behavior was completely unacceptable according to our own codified values.
2. Utilize your corporate-governance structure. If the athletics committee had been shown the video, I am certain I wouldn’t have been the only one to demand that Rice be fired immediately. The Trustees have good diversity—but it’s useless if it’s not utilized correctly.
3. Assume that information will go viral, especially video. Information wants to flow from secrecy to exposure. In this case, the video was an edited compilation, and I’ve heard the opinion that it’s “not fair.” I think it’s plenty fair, but whether or not you agree, there’s enough there to be very, very alarmed. And the point is that there is nothing you can do to stop it, so once you’re aware of potential exposure, treat it as if it is fact and already public knowledge.
4. Lawyers are very important teammates in a decision-making matrix. But they are not the decision makers—the president is. The most conservative legal decision in this case may have been legally correct, but it was morally wrong and is a financial disaster that will probably cost the university hundreds of millions in lost and/or delayed personal and corporate donations.
5. Ignorance does not abrogate guilt when it comes to public opinion. I accept my responsibility in allowing myself to be bamboozled, and I apologize. Although it’s very difficult for a board member to not be fooled when an organization is determined to be less than forthright, I’m not going to resign because I want to do my best to make sure this never happens again.
6. Reaction must be immediate. Senior leaders must have media coaching. The president waited a very long time to respond and the response was not good enough to make anyone feel better—thus compounding the damage done.
7. Remediation must be meaningful in order for trust to be rebuilt.

Our former AD, Tim Pernetti, is a great guy who ran one of the academically best athletic programs in the nation. His leadership skills elevated our program to national prominence, and he negotiated our way into the Big Ten. I watch the way people react to leaders—the broad diversity of people he surrounded himself with was very comfortable with him. Our president, Dr. Robert Barchi, was in his first semester as president when all of this was evolving and he’s had no experience with college athletics.

I want to close with what I consider to be the greatest tragedy: The end result of this incident is that we (leadership) betrayed our LGBT students, faculty, administrators and community members, and their allies, who constitute just about all of the Rutgers family. Our campus should be an oasis from oppression—and indeed, that’s what our own values state. No coach, professor, administrator or fellow student has the right to destroy someone’s productivity by spewing hate speech. This has nothing to do with “free speech”; it has everything to do with creating a space at a university where all can come to learn. A sequence of very bad decisions not only let this coach’s horrible behavior go unchecked, but once it came to light, the behavior was papered over and the checks and balances of committee work was circumvented. Especially on a campus where we lost Tyler Clementi just two years ago, this is completely inexcusable and unacceptable.

Luke Visconti’s Ask the White Guy column is a top draw on DiversityInc.com. Visconti, the founder and CEO of DiversityInc, is a nationally recognized leader in diversity management. In his popular column, readers who ask Visconti tough questions about race/culture, religion, gender, sexual orientation, disability and age can expect smart, direct and disarmingly frank answers.

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Rutgers President Dr. Robert Barchi officially announced Pernetti’s resignation—and apologized for the scandal on behalf of himself and Rutgers leadership—today at a press conference, when he called the incidents that led to Rice’s suspension a “failure of process.” Barchi noted that assistant basketball Coach Jimmy Martelli also resigned, and that Interim General Counsel John Wolf resigned his position.

Barchi reaffirmed that he had not seen the video until this week, and that Rice’s actions were more “abusive and pervasive” than he had understood them to be. The Board of Governors says it supports him; however, many are calling for Barchi to also step down.

Pernetti wrote in his resignation letter:

My continued tenure as Athletic Director is no longer sustainable for the University which I attended and where a piece of me will always remain. In connection with the incidents involving former basketball Coach Mike Rice, as was the case with all other matters which I handled on behalf of the University, I always tried my best to do what is right. I have spent a great deal of time reflecting on the events which led to today. As you know, my first instinct when I saw the videotape of Coach Rice’s behavior was to fire him immediately. However, Rutgers decided to follow a process involving university lawyers, human resources professionals, and outside counsel. Following review of the independent investigative report, the consensus was that university policy would not justify dismissal. I have admitted my role in, and regret for, that decision, and wish that I had the opportunity to go back and override it for the sake of everyone involved.

Fallout continued to spread on Monday.

• In his first press conference since the scandal erupted, New Jersey Governor Chris Christie called Rice “an animal” but defended Barchi. “The university would be hurt drastically by the departure of Dr. Barchi, that’s why I don’t support it,” Christie said. “Also, I don’t think his conduct necessitates it.”
• Rutgers announced that it is commissioning an independent review of the way the university responded to the Rice video, and Barchi said at a town hall meeting on Rutgers’ Newark campus that the school is reviewing practice video of all sports to see if any other coaches have engaged in similar behavior.
• The FBI is also getting involved, The New York Times reports. A university official told the paper that an FBI agent met with Pernetti and made other stops on the New Brunswick campus to investigate whether former Director of Basketball Operations Eric Murdock tried to extort the university.
• Meanwhile, Rice’s previous employer, Robert Morris University, wrapped up an internal investigation into Murdock’s claims that he was told that “there were five coaches-versus-player brawls in practice.” Robert Morris Athletic Director Craig Coleman said that the investigation uncovered no evidence of the fights, but that one former player told school officials that Rice used a homophobic slur and threw a basketball at a player “once or twice” while he was at the Pennsylvania school.

DiversityInc CEO Luke Visconti, a member of the Rutgers Board of Trustees and of the Rutgers Board of Governors Standing Committee on Intercollegiate Athletics, said he was never informed about Rice’s anti-gay slurs or the fact that the video existed. Visconti says he had been told there was a disciplinary issue, which was addressed with the suspension.

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Barchi and Pernetti

Rutgers faculty, government officials, members of the public (and DiversityInc readers) are demanding answers to the Rutgers University basketball scandal involving physical abuse and homophobic slurs—and some are asking for the resignation of Athletic Director Tim Pernetti and Rutgers President Dr. Robert Barchi.

Basketball Coach Mike Rice was fired yesterday after video of his actions surfaced. But when Pernetti first saw the video in November, he gave Rice a slap on the wrist and allowed him to continue coaching the men’s basketball team. Because he was not fired at the time and completed the season, Rice will be paid a $100,000 bonus.

The controversy surfaced Tuesday night after ESPN aired video that showcased Rice in a rage, kicking and shoving students, throwing basketballs at their heads from close range, and using hateful, homophobic slurs like “f—-t” to degrade them. Pernetti admittedly saw the video, and similar clips, in November, as did internal and external counsel. Some reports said Barchi also had seen any video, but a Rutgers statement yesterday implied he was aware of Rice’s actions but never saw the video until Tuesday. In November, Rice was suspended for three games, fined $50,000 and required to receive anger-management counseling.

DiversityInc CEO Luke Visconti, a member of the Rutgers Board of Trustees and of the Rutgers Board of Governors Standing Committee on Intercollegiate Athletics, said he was never informed about Rice’s anti-gay slurs or the fact that the video existed. Visconti says he had been told there was a disciplinary issue, which was addressed with the suspension.

Where’s the Accountability for Leadership?

“I am responsible for the decision to attempt a rehabilitation of Coach Rice,” said Pernetti. “Dismissal and corrective action were debated in December, and I thought it was in the best interest of everyone to rehabilitate, but I was wrong. Moving forward, I will work to regain the trust of the Rutgers community.”

Although Dr. Barchi said he did not see the video until this week, he is under scrutiny for not taking a more proactive role when Pernetti approached him about the need for disciplinary action against Rice. According to the New Jersey Star-Ledger:

Barchi never asked to see the video. … It wasn’t until late Tuesday that Barchi finally watched a DVD of the excerpts with Pernetti on the Piscataway campus. Amid growing outrage and calls from the governor to fire the embattled coach, the university president finally changed his mind about Rice, according to interviews with Rutgers officials.

Many are calling for the resignation of Pernetti, including DiversityInc readers, who responded to our initial coverage in “Why Did Rutgers Wait to Fire Coach After Anti-Gay and Abusive Actions?” For example:

• Due to their failures, university President Dr. Robert Barchi and Athletic Director Tim Pernetti should now be fired—especially Pernetti.

• Pernetti stating “Moving forward, I will work to regain the trust of the Rutgers community” is insufficient. He should not be given that opportunity to work to rebuild trust—he failed in his insufficient response to the long term misbehavior of his subordinate.

• I would guess that if Barchi and Pernetti had heard the coach use the n-word or the c-word to demean the school’s student players instead of antigay f-word pejorative the coach actually used, likely a fine, a three-day suspension, and an anger management class wouldn’t have even been considered adequate at all. I don’t see the difference between using a racist pejoratives, sexist pejorative, and anti-gay pejoratives: all pejoratives demean not only those who the terms are used against, but also demean known minority populations. Use of pejoratives by people drawing salary from the university shouldn’t be tolerated at all by the university’s management.

New Jersey Governor Chris Christie said he was “deeply disturbed” by Rice’s actions and expects Rutgers’ administration to provide a full explanation “as to why Mr. Rice was not dismissed sooner and how exactly that decision was made. If answers aren’t forthcoming, we are prepared to do what’s needed to get them for the people of New Jersey.”

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Instead, they suspended him for three games, fined him $50,000 and sent him to anger-management classes. They only fired him after ESPN aired the video, which went viral and prompted demands for Rice’s firing from everyone from New Jersey Governor Chris Christie to Human Rights Campaign President Chad Griffin to basketball star LeBron James.

DiversityInc CEO Luke Visconti, a member of the Rutgers Board of Trustees and of the Rutgers Board of Governors Standing Committee on Intercollegiate Athletics, said he was never informed about Rice’s anti-gay slurs or the fact that the video existed. He said he had been told there was a disciplinary issue, which was addressed with the suspension. DiversityInc General Counsel and Senior Vice President, Transformation Practices Lora Fong also is a member of the Rutgers Board of Trustees and also was uninformed about Rice’s specific transgressions.

“Had I known what he said and did, I would have urged Rutgers to fire him on the spot,” Visconti said.

One of the clips was broadcast on ESPN’s Outside the Lines last night. It was part of a series of clips compiled by retired NBA player Eric Murdock during practices from 2010–2012. Murdock was Rice’s Director of Player Development. All of the video, demonstrating prolonged verbal and physical abuse of players and frequent use of the anti-gay slur “f - - - - t,” were shown to Pernetti in November.

In a statement issued today, Barchi took responsibility for not initially firing Rice:

Coach Rice’s abusive language and actions are deeply offensive and egregiously violate the university’s core values.

When video excerpts of basketball practices were reviewed last fall by Athletic Director Tim Pernetti, he immediately notified me and sought the advice of internal and outside counsel. The university hired an independent investigator to look into this matter thoroughly. Based on the external investigator’s findings and recommendations, Tim and I agreed that Coach Rice should be suspended, penalized $75,000 in fines and lost salary, ordered to undergo anger management counseling, and put on notice that his behavior would be closely monitored. Tim Pernetti also made it clear to Coach Rice that there would be zero tolerance for additional infractions. Tim kept me fully apprised and I supported his actions.

Yesterday, I personally reviewed the video evidence, which shows a chronic and pervasive pattern of disturbing behavior. I have now reached the conclusion that Coach Rice cannot continue to serve effectively in a position that demands the highest levels of leadership, responsibility and public accountability. He cannot continue to coach at Rutgers University. Therefore, Tim Pernetti and I have jointly decided to terminate Mike Rice’s employment at Rutgers.

Pernetti separately issued a statement:

I am responsible for the decision to attempt a rehabilitation of Coach Rice. Dismissal and corrective action were debated in December and I thought it was in the best interest of everyone to rehabilitate, but I was wrong. Moving forward, I will work to regain the trust of the Rutgers community.

Public Values

The issue of being inclusive is critical to Rutgers’ public image, especially after the very public September 2010 suicide of gay student Tyler Clementi and the subsequent trial and publicity about bullying and invasion of privacy.

As Visconti has stated in his Ask the White Guy column, “Credibility received for your professed values is dependent on your decisive execution of actions based on your values. This does not preclude empathy and forgiveness for mistakes, but values cannot be parsed without exposure to repercussions.” He also notes that in this age of transparency, an organization cannot EVER think it can hide offensive actions.

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