Faculty member
alleges Linfield University president, board trustee inappropriately touched
her at separate events
8/12/2020 at 12:04 pm updated 3:04 pm
Oregonian by Maxine Bernstein
A faculty member said Linfield University
President Miles K. Davis came up behind her at a college event, rubbed her
shoulders and whispered in her ear, prompting her to file a complaint earlier
this year and eliciting an apology Wednesday from Davis in the midst of a
heated campus debate about alleged sexual abuse and harassment by some of its
leaders.
The same faculty member also said board
trustee Norm Nixon, a former player for the Los Angeles Lakers, touched her
inappropriately at a separate college event. Nixon denied the claim.
The McMinnville college, which recently
changed its name to Linfield University, hired an outside attorney to
investigate both complaints and issued a statement from Davis.
Davis denied the allegation, saying it
“came as a complete shock to me.”
“I
apologize for causing discomfort to this faculty member. I harbor no ill will
against my accuser,” Davis said in a prepared response.
“I am in a position of power. Aside from handshakes, I pledge to you that I
will seek consent before touching anyone, no matter my intent.”
Davis called the matter a “learning
experience for him.”
The investigating attorney, Lori Watson, of
Watson Law Workplace Investigations, found the faculty member’s allegations
against Davis and Nixon were “substantiated by a preponderance of the
evidence,” according to investigative summaries.
But Watson also found that neither behavior
violated the university’s polices on anti-harassment or sexual harassment.
The faculty member who made the complaints
spoke to The Oregonian/OregonLive about the encounters. She asked not to be
named because she said she feels physically and professionally unsafe.
She said she reported both instances to
human resources in the spring after alerting the chair of the board of trustees
by email in February that she planned to file complaints.
She said the university president
approached her from behind, rubbed her shoulders up and down and whispered that
he was looking forward to their next meeting. This occurred after a theater
production in the campus theater about 10 p.m. on Sept. 20, 2018, the professor
reported.
In a separate encounter, she alleged that
Nixon put his hands on her shoulder, on her arm, gestured at her ring finger
and asked if she had a spouse while sitting at a dinner table during the
Linfield President’s Circle Dinner on Nov. 8, 2019, at the end of a trustee
weekend. Nixon also suggested they leave to go elsewhere to get drinks, the
professor said.
She said the board needs training on sexual
misconduct and should review its practices governing how trustees interact with
students and faculty. It also should examine the alcohol policy at trustee
functions, she said.
She filed the complaints, she said, in the
hope that the trustees would offer a “meaningful statement” to show that they
“take these matters seriously and are proposing concrete action” and that Davis
also would get training on sexual harassment.
After reading Davis’ statement Wednesday,
she said he should have known that touching and rubbing her shoulder wasn’t
acceptable.
“My expectation is that a leader of an
organization in 2020 should already come to the table knowing that nobody
should be touched without consent in a professional setting,” she told The
Oregonian/OregonLive. “It’s deeply unfortunate it took a four-month
investigation and the vociferous downplaying and denial of any problem in order
for him to come to that public comment. It shouldn’t have to take that long.”
The executive committee of the board of
trustees did not share that the faculty members’ allegations were
substantiated. Instead, the committee wrote that the outside attorney
interviewed more than a dozen people over four months and determined that “arm
touching likely occurred” between Davis and the faculty member but the behavior
did not violate Linfield’s anti-harassment or sexual harassment policy or its
Title IX policy.
In contrast, the university’s summary of
the investigation, obtained separately, said the allegations against Davis were
sustained, and provided more detail: “The conduct, specifically putting his
hands on her arms and stating something to the effect that he was looking
forward to meeting with her, was found to be substantiated by a preponderance
of the evidence.”
Regarding the allegation against Nixon, the
university said the faculty member reported “being touched inappropriately on
the leg, back, and possibly, the hand,” but Nixon said it didn’t happen. The
university didn’t identify Nixon as the subject of the complaint. The faculty
member identified Nixon by name to the The Oregonian/OregonLive.
The investigating attorney interviewed
seven people at the event who said they didn’t see the alleged actions
involving Nixon.
According to the investigative summary, the
conduct alleged - touching of the faculty members’ shoulder, back, thigh and
bare arm, gesturing to her left hand and asking her if she had a husband - was
“substantiated by a preponderance of the evidence.”
Nixon did not return a call for comment
Wednesday.
Davis described a university community
buffeted by the fallout from an unrelated sexual abuse indictment against
former board trustee David Jubb.
“All of this has kept our university community
on edge. It has led to hurt feelings, anxiety and a great deal of
misunderstanding,” Davis said in his statement. “It also has made some of us
wary about each other, which I have learned first-hand.”
Jubb is accused of sexually abusing several
students in 2017 and 2019.
A Linfield graduate, who agreed to be identified by her initials
A.K., previously told the newspaper that the school failed to intervene as
promised after she reported in 2018 that Jubb allegedly groped her and two
other students after drinking too much at a bar following a senior achievement
dinner on campus in 2017.
She singled out board chair David Baca for
criticism, saying the school’s general counsel told her that Baca “gave his
word that David Jubb would never have contact with students again or be allowed
at events that served alcohol.”
In February 2019 after a faculty-trustee
dinner, Jubb is accused of sexually abusing student-trustee AnnaMarie
Motis as the two waited for a ride in the lobby of Michelbook
Country Club and then at a McMinnville bar where trustees had gone for
after-dinner. Baca was with the group at the bar.
Jubb has pleaded not guilty to an
eight-count indictment, charging him with one count of first-degree sexual
abuse stemming from Motis’ allegations and seven counts of third-degree sexual
abuse involving the three other students in 2017.
College faculty overwhelmingly passed a
vote of no confidence in Baca on May 26, finding he failed to protect students
after receiving the 2018 complaint against Jubb.
The board has stood by Baca, convincing him
not to resign, according to Baca and the board’s executive committee.
“The Executive Committee of the Board is
deeply troubled that any member of the Linfield community would be made to feel
uncomfortable by the behavior of others. As trustees, we believe this is a
teachable moment for everyone: The Board, administration, faculty, staff and
students. We must all do better to teach each other how to respond to the often
subtle and complex discussion around sexual misconduct,” it said in the latest
statement. “We are obligated to adhere to the requirements dictated by law, but
that isn’t enough. For our part, the Board worked hard this spring and summer
to reflect on the facts raised in the ongoing discussion, and to investigate
and review our own policies and practices.”
The university plans this fall to announce
updated protocols and recommendations on how to respond to complaints of sexual
harassment or abuse. The board, along with faculty and staff members, has
received and will continue to undergo “harassment and boundary training,”
according to the board’s executive committee.
“Lastly, and most important, the Board
wants to remind the university community that any and all complaints about
sexual harassment or assault should be promptly reported,” the committee said
in its statement.
#
:::::
Linfield board chair censured by faculty
Vote came after college president reassured students, shared personal experience with abuse
By Paul Daqualante, McMinnville N-R/News-Register print edition, May 29, 2020
(?N-R online seems to indicate this might be an Associated Press story?)
On the day Linfield College President Miles Davis told the Board of Trustees, faculty, staff and students that sexual abuse and harassment will not be tolerated on campus, the Faculty Assembly delivered a powerful message: a vote of no confidence directed at Trustees Chair David Baca.
By an 88-18 margin, the faculty confirmed its lack of faith in Baca’s ability to promote accountability, responsiveness and transparency related to sexual misconduct.
Linfield has been rocked by student allegations of sexual abuse, including charges against former Trustee David Jubb, who was indicted after being accused of sexually abusing four women.
The seven-member Faculty Executive Council, chaired by Sharon Bailey Glasco, received a petition signed by 28 faculty members that requested the no-confidence vote, she told the News-Register.
“A no-confidence vote is a pretty extraordinary act. It’s not taken lightly. The faculty worked through this for quite a while before it decided to take this action,” Glasco said.
The faculty has been concerned about this issue for a number of months, she said. “We felt that given the new information that has been coming forward, this was the time to take this action.”
Glasco described the faculty vote as a “forward-looking act,” albeit a difficult one to take. The Faculty Assembly includes the president, deans, professors, associate and assistant professors, instructors with academic-year contracts for at least a 40% workload, and librarians with similar ranks and workloads.
“Linfield is going through important and positive changes now,” Glasco said. “We want to support those. That’s one of the reasons we felt this act was necessary.”
Baca, a lawyer with the Portland firm Davis Wright Tremaine, did not respond to a request by the News-Register for comment. Glasco said to her knowledge he has not formally been notified of the vote.
He had served one three-year term as chair of the 33-member Board of Trustees, which sets policies and financial goals for the college, and was reelected to another term this month.
“This vote does not request that he step down,” Glasco said. “That is something the board has to decide. This is an expression of our lack of confidence in his leadership of the board.”
She said the vote also sends a message to the student body that its safety and ability to function in a productive and safe learning environment is a priority.
“This is symbolic in many ways,” Glasco said.
She emphasized the vote was not an indictment of the trustee board as a whole.
“It has nothing to do with the administration and the president,” Glasco said. “As a faculty, we appreciate all the work and resources that the board collectively has contributed to the college. I want to make that clear.”
The president’s Zoom address to about 200 listeners on Tuesday lasted less than a half hour. He took no questions, and audio, chat, recording, sharing and video capabilities were muted.
Later, the Faculty Assembly targeted Baca with its no-confidence vote during a special meeting.
A three-page document stated the faculty’s lack of confidence in Baca’s board leadership was based on his failure to carry out obligations, decisions he made that were detrimental to Linfield and the potential for ongoing harm to the college under his leadership.
Baca took no action against Jubb, 71, who faces an eight-count Yamhill County Grand Jury indictment alleging he sexually abused four women.
Jubb, of Vancouver, Washington, is accused of fondling and touching them without their consent. The charges include a felony count of sexual abuse and seven counts of third-degree sexual abuse.
The felony charge and two others stem from allegations made by Linfield student AnnaMarie Motis that Jubb touched her under her clothing following a trustees’ board dinner and gathering in McMinnville in February 2019.
Motis, a student representative to the board at the time, was 21 when the alleged incident occurred.
Three others, identified in the motion as Linfield students, accused Jubb of touching either their buttocks, groin or tongue in May 2017, according to the indictment. They are identified only by their initials — A.K., D.N.D. and G.G.
One of the students stated a report was made to Linfield officials about the 2017 incident in April 2018. Baca was said to be made aware of an agreement to exclude Jubb from board-related activities involving alcohol and students.
“Accounts corroborated by several participants in the 2019 trustee dinner clearly demonstrate that Chair Baca was fully aware that Mr. Jubb was interacting with a student and consuming alcohol at the dinner,” the faculty report states. “Baca’s failure to uphold the agreement made in 2018 put students and the college at risk.”
The report states Baca has previously “publicly praised an alleged perpetrator of sexual abuse” through internal communications.
Motis reported Jubb’s sexual assault to the McMinnville police and cooperated with the criminal investigation that resulted in charges being filed.
Baca assured Motis Jubb would be removed from the board by May 2019, according to a federal lawsuit she filed. On or about the first week of June 2019, Baca sent the following correspondence to members of the board:
“Last week, Dave Jubb advised me he was resigning from the board due to health concerns. Dave provided valuable service to the board and the college over many decades. He has been a classmate, friend, and associate of many of us for years, and for those so moved, it is appropriate to express gratitude for his positive contributions, but in doing so we should respect Dave’s privacy.”
Baca “suppressed the truth about Jubb’s resignation” by reporting he resigned due to health concerns, according to the faculty report. He was asked to resign as a result of the sexual allegations.
“This misleading internal messaging has harmed Linfield by suggesting the existence of a culture of withholding or suppressing information to protect alleged perpetrators,” the report says.
It continues to say Baca has prevented thoughtful, honest and clear discussion related to sexual assault and misconduct issues.
The February 2020 faculty trustee report stated two female trustees raised concerns about sexual assaults on campus and the pair urged concrete and urgent action.
Instead, an email to the board stated there was no crisis, and their concern was “an emotional reaction uninformed by current needs.”
Davis, who was named president in January 2018, told the faculty in his address that he speaks from experience when discussing sexual assault and harassment.
He said he was sexually abused at age 12, and as a 16-year-old “was subjected to offensive discussion of my body while I was sedated in preparation for medical treatment.”
Thirty-five years later, and with the help of therapy, he said he’s able to discuss his past.
“It has taken me time to come to grips with the fact that there was nothing I could have done to stop what happened. It has taken years to let go of the guilt and associated anger inside of me. It took me a long time and a lot of work to stop feeling like a victim.”
As part of his address, Davis said he has asked the college's three vice-presidents to consider a new goal for the coming year that involves improving and introducing measures for student well-being.
“I expect to hear more about this by the fall as we outline the first year for the new Linfield University,” Davis said.
He also enumerated five points of emphasis when it comes to serving students with the use of clear policies and guidelines.
– Employees and students are encouraged to come forward, so sexual misconduct can be investigated.
– All such reports must be investigated. Student reports are reviewed by the Title IX office overseen by Vice President for Student Affairs & Athletics & Admission Susan Hopp. Staff reports go to human resources, which has a Title IX deputy.
– Those making complaints can report incidents to the McMinnville police or ask that they be investigated internally. Both options are supported wholeheartedly.
– The college will take all reports seriously. However, the Family Educational Rights and Privacy Act and college policies prevent resolutions from being made public.
– Students and employees are encouraged to take sexual misconduct concerns to the Title IX office.
“I fully support the Office of Student Affairs and our Title IX office, and promise to you that the staff there has been working tirelessly to do the right things,” Davis said.
Hopp told the News-Register that she and the four deputies in her office feel fully supported by Davis in their role in ensuring the safest environment possible for everyone on campus.
In response to Davis’ address, Reshmi Dutt-Ballerstadt, co-coordinator of gender studies and the department of English, issued a statement on behalf of the gender studies faculty.
It read, in part:
“We, as gender studies faculty, stand in solidarity with the many students on our campus who have felt hurt, injured, deeply offended and unsafe as we strongly and unequivocally condemn sexual misconduct, sexual assaults and a continuing pattern of such behavior that harms our Linfield students and their well-being.”
The faculty also condemns any failures by Linfield to address issues related to sexual misconduct “directly and candidly,” while respecting the rights of the accused and accusers.
::::
Time will tell if Linfield is on right path
Editorial, McMinnville N-R/News-Register print edition, May 29, 2020
David Jubb, former member of the Linfield College Board of Trustees, stands accused of groping female students on multiple occasions, first in 2017 and then again last year. The fact he was allowed to remain in a position to repeat such actions, after credible reports had surfaced, indicates a failure of the trust and safety educational institutions must ensure.
The No. 1 recurring pattern in sexual harassment and misconduct cases is disparity in power.
Such acts, sadly, may never be eradicated. But an ongoing cultural shift can reduce the incidence dramatically. Achieving that takes open, honest discussion and victims stepping forward to report what so easily can just be internalized.
Now facing criminal charges, Jubb remains innocent until proven guilty. But the court of public opinion has already delivered its verdict. That’s because it has occurred far too many times — an older man, usually white, using influence from a position of power to cross boundaries he doesn’t believe apply to him.
Researchers note unwanted sexual advances are more often as much about, if not more, exercising control than satisfying perverse desires.
Often, that behavior is excused as a one-time situation, or blamed on alcohol, or balanced against their standing and contributions. And that seems the case here initially.
At the personal level, such as longstanding relationships forged through board service, it’s easy to issue a private reprimand, secure a promise it won’t happen again and move on. But offenders frequently lapse, opening the door to the institutionalization of their misconduct at some level.
President Miles Davis said the right things in a private teleconference address to students and faculty. He outlined steps the college is taking to create an environment in which victims are supported, thus encouraged to file reports.
He took the step of publicizing his own struggle with childhood abuse. He promised to use mistakes from the past to ensure a better future.
However, actions speak louder than words. We can’t help wondering whether Linfield is truly doing enough to protect young women from unwanted sexual attention, whether from members of the board, administration, faculty or student body.
It’s certainly not the only institution in that position. In fact, many cases around the country have proven much more egregious.
Achieving a fully secure environment on campus is no simple matter. Unfortunately, it doesn’t seem to happen until young lives have been changed forever.
How harshly should the institution be judged for past lapses, versus recognized for forceful remedial action? That depends on how well it delivers tomorrow on the promises made today.
Linfield College faculty vote no confidence in board chair
....
:::::
Linfield College graduate accuses school of ignoring her abuse complaint, allowing board member to strike again
:::::::::::::::::::::::
Former senior Board member facing multiple allegations of sex abuse, other Linfield trustees facing accusations of similar misconduct
By Camille Botello and Elin Johnson, Linfield Review, May 18, 2020
https://thelinfieldreview.com/23083/news/former-senior-board-member-facing-multiple-allegations-of-sex-abuse-other-linfield-trustees-facing-accusations-of-similar-misconduct
New information suggests that David Jubb, a former Linfield trustee who is facing felony indictment for sexually abusing four students, is not the only Board member who has been accused of sexual misconduct.
Jubb, a Linfield alumnus who had served on the board since 1994, reportedly sexually assaulted student AnnaMarie Motis at a trustee dinner in February of 2019, but has since been accused of abusing three more students. He resigned as a trustee in June of 2019.
Linfield College paid Motis a $500,000 settlement according to the Oregonian, and her separate federal civil lawsuit against Jubb is still pending. His attorney Stephen Houze said that “because this is a pending legal matter, attorney ethical rules prohibit my making any comment on the substance of the allegations in the case.”
However, he may not be the only Board of Trustee member accused of sexual misconduct.
Daniel Pollack-Pelzner, a Linfield English professor and the faculty trustee, said he is aware of three more active members of the Board who have been accused of sexual misconduct by at least one student and one faculty member.
The Linfield faculty trustee report from Pollack-Pelzner to the board addresses these concerns. He sent the document to all Linfield faculty on February 10, 2020.
The faculty trustee shares a report about Linfield happenings with the Board three times a year: at the time of the Board’s meetings in February, May and November. The faculty trustee then sends a copy of the document to all faculty members.
According to a professor who wished to remain anonymous for fear of retaliation, the student and faculty member who came forward with these allegations were not seeking compensation or punishment for the responsible trustees, but “hoped that by coming forward they might prompt the Board of Trustees to take swift action to address the problem in an open way.”
“I wish I could say that this [Jubb] was the only trustee who was alleged to have engaged in sexual misconduct,” Pollack-Pelzner wrote in his February report. “But as I have reported to the Board leadership and the college’s Title IX coordinator, there have also been complaints of sexual misconduct by trustees at the May 2019 trustee social event and the November 2019 trustee social event.”
He said in an email that he divulged more information on these allegations in his May 2020 report to the trustees, but Board Chairman David Baca redacted those sections and told the trustees not to discuss them.
=“He [Baca] claimed that my report contained privileged information from executive sessions. That was not true.”
— Daniel Pollack-Pelzner
Pollack-Pelzner also denied stating anything in his May 2020 report that was said during an executive session portion of the Board meeting. When the Board of Trustees enters executive session, all non-voting members must leave, and trustees are not supposed to discuss the meeting’s contents with any outside party.
“The information I included in my original report came from my personal experience, from memos the faculty had sent to the Board, from statements by survivors to me, and from communications I had received from the chair and the president,” Pollack-Pelzner said in an email. “He [Baca] claimed that my report contained privileged information from executive sessions. That was not true.”
In addition to the redactions from the May 2020 report, another Linfield employee said she had concerns about censorship.
An email sent to all McMinnville employees about Title IX compliance reveals that Baca may be reviewing messages about sexual misconduct policies. On May 15, Vice President of Student Affairs Susan Hopp sent President Miles K. Davis a drafted email containing information about sexual misconduct, mandatory reporting and confidentiality. She emphasized that third-party misconduct reporting cannot be formally investigated.
“Below is the message drafted,” it said. “If you wish to have Dave Baca review, please pass on.”
The employee said the email was sent to faculty later with the original message to Davis redacted.
Some members of the Linfield community have protested Baca’s management of the sexual misconduct allegations and have called for his resignation. This is the second circulated petition calling on Baca’s resignation in two years. The first was in December 2018 following student protests over rumored faculty cuts.
The Linfield Review reached out to Baca for comment but he declined.
In response to questions about the petition for Baca’s resignation, a spokesperson for the Linfield administration said that “although it is not the administration’s role to comment on how such a petition should be addressed, it is fair to say that there are a great number of factual inaccuracies in the petition.”
“I have to devote my report to… the article posted on the Oregonian’s website on December 10, 2019 reporting the allegations that a senior member of the Board of Trustees sexually assaulted the student trustee at a February 2019 trustee social event and that the college was aware of a prior allegation against this senior trustee but had failed to take action,” Pollack-Pelzner said in his February faculty trustee report.
According to a faculty member, his February report was meant to be sent to Linfield faculty sooner, but the administration withheld it until Davis could respond. Both Davis’ and Pollack-Pelzner’s statements were sent together to faculty at 1:50 p.m. on Monday, February 10, though the faculty trustee report was dated February 7. The faculty meeting was at 4 p.m. on February 10.
“The president asked me to withdraw my report,” Pollack-Pelzner said. “When I declined to do so, the president released it to the faculty assembly and the Board with his written response.”
=“We understand the real-life consequences for all students, including the trauma of not being believed, or of being condemned unfairly. My experience is that Linfield is, and has been, guided by an unshakeable desire to do the right thing.”
— Miles K. Davis
A spokesperson for the Linfield administration said that an investigation into these allegations is ongoing and so far it is unclear whether or not any policy has been breached.
Davis wrote in his response to Pollack-Pelzner’s report: “I am sharing this statement not to stifle welcomed dialogue, but to correct factual errors and address unsupported legal conclusions, including assertions that the college took no action to address past reports of sexual misconduct… and inaccurate characterizations of statements by the Board chair.”
He continued to assert the college’s stance on sexual assault and misconduct: “We understand the real-life consequences for all students, including the trauma of not being believed, or of being condemned unfairly. My experience is that Linfield is, and has been, guided by an unshakeable desire to do the right thing,” he wrote.
“I am deeply concerned…. that President Davis attempted to prevent Daniel from sending his faculty trustee report to the Board of Trustees,” the anonymous professor said in an email. “While I appreciate the need for confidentiality, silence and silencing are not necessary.”
Pollack-Pelzner’s report also stated the need for for serious action to be taken by the Board of Trustees and Linfield leadership: he called for mandatory sexual assault and harassment training, and stated his frustration at the lack of communication from the administration. He claimed the college knew about the lawsuit before the Oregonian reported on it.
“College leadership is not insensitive to reminders that our response should be timely,” Davis said in his response to the February faculty trustee report. “In the case of recent reports [2019], I would note that initial details were shared only last week, and the first anonymous communication referred not to sexual misconduct but rather, to unwelcome and uncomfortable interactions and comments.”*
“Even as those two days passed in silence from the administration, our classrooms were abuzz with students’ confusion, anger, and grief,” Pollack-Pelzner wrote in the February report. “For the campus to learn about an allegation of the deepest breach of trust by one of the most powerful members of the Linfield community, and then not to hear anything from the Board or president for two days was an experience that undermined the message of concern that the president later sent.”
Davis sent an email to the Linfield community, including students, on December 12, 2019 in the wake of the Oregonian’s article addressing Motis’ lawsuit. “I am committed to sharing as much as I can, but there are times when what we can say is limited by privacy laws and other legal restrictions,” he wrote.
“Please understand that what might seem like a limited response does not reflect a lack of real care and concern.”
The anonymous professor said she understands the need for confidentiality, but that communication from Linfield leadership is necessary. “There is nothing that would prevent the administration or Board of Trustees from providing the Linfield Community with a description of proactive changes they plan to make or have taken to address the issue,” she said in an email.
She went on to say that mandatory sexual assault and harassment training were not initiated until the spring of 2020, around a year after Motis first reported her allegations to the college.
Davis declined to respond to the Review’s questions, and instead passed the inquiries to members of the Linfield communications team.
The spokesperson for the Linfield administration said that Davis learned for the first time in February of 2020 of “concerns by anonymous persons,” but it was unclear if those concerns were related to sexual misconduct. At that time no report had been made to the Title IX coordinator. Davis did see the faculty trustee’s report and heard the presentation made to the Board.
Not only did Pollack-Pelzner criticize the administration’s silence after the original report of Jubb’s alleged assault, but he also expressed his frustration for nearly two months of leadership complacency regarding these sexual misconduct reports— from the first Oregonian article in December of 2019 to the February 2020 board meeting.
“We had already begun the process of returning to the Board to encourage and support their work on ensuring student safety and addressing the nature of interpersonal interactions they as a Board deem suitable and appropriate,” Davis wrote in his response to Pollack-Pelzner’s report. “I am not attempting to downplay the importance of the experience we have recently had.”
“The fact that this behavior was ignored and allowed to occur infuriates me,” the anonymous professor said in an email. “The slow response to action and lack of communication breeds mistrust. Seeing that the Board of Trustee’s main charge is to protect the financial health of the institution, it is bewildering to me that due to the Board’s actions and inaction we are incurring major financial losses due to legal fees and settlements, and stand to have additional financial strain caused by the potential recruitment challenges that a tarnished reputation brings.”
Reshmi Dutt-Ballerstadt, another Linfield English professor and a co-coordinator of the gender studies program, has been vocal about her discontent for the way the Linfield administration has handled these cases of sexual misconduct.
="The fact that there was an incident involving Mr. Jubb and sexual misconduct as early as 2017— involving another student— and Mr. Jubb was still allowed to be a trustee speaks volumes of how issues of sexual assault and misconduct are never taken seriously by Mr. Baca.”
— Reshmi Dutt-Ballerstadt
“As a faculty who co-coordinates the Gender Studies program at Linfield and is a strong advocate for stopping sexual… misconduct against women and men and members of the GLBTQI communities, I have been extremely disturbed and disappointed— to say the least— that our students have been harmed…by members of our own community,” she said in an email.
In an email addressed to the faculty assembly on May 12, Dutt-Ballerstadt said it was “high time” the faculty came together to better protect students and hold members of the administration accountable.
“While I understand that there are issues of confidentiality and want to respect such confidentiality, nothing is prohibiting our administration from disclosing that complaints have been filed and there are more ‘trustees’ beyond Mr. Jubb who have been alleged,” she said.
“When Mr. Jubb resigned from the board, our chair of the board of trustees, Mr. Baca, praised and thanked him. Such gestures perpetuate the harmful notion that acts of sexual violence have been normalized on our campus,” she said.
The email from Baca to the Board after Jubb’s resignation said: “Dave [Jubb] provided valuable service to the board and the college over many decades. He has been a classmate, friend, and associate of many of us for years, and for those so moved, it is appropriate to express gratitude for his positive contributions, but in doing so we should respect Dave’s privacy.”
Dutt-Ballerstadt claims Baca has failed to provide a safe environment for student-trustee relationships.
“David Baca’s handling of these cases is irresponsible and negligent and points to a complete failure of his leadership to protect our students from powerful men on our board… who have caused a great deal of harm and life-long trauma for our students,” she said. “The fact that there was an incident involving Mr. Jubb and sexual misconduct as early as 2017— involving another student— and Mr. Jubb was still allowed to be a trustee speaks volumes of how issues of sexual assault and misconduct are never taken seriously by Mr. Baca.”
Today Linfield faculty members are having a special “all-division” meeting to review the proposed changes to Linfield bylaws, which could include the new university’s powers being exercised under the authority of the Board. Normally they assemble in an open session in four smaller groups to discuss campus news and policies, but today it will be one executive session meeting: administrators, staff and students are not invited to attend.
*We updated the quote on May 21 for clarity.
1 Comment
One Response to “Former senior Board member facing multiple allegations of sex abuse, other Linfield trustees facing accusations of similar misconduct”
Prof. Anna Keesey on May 18th, 2020 7:23 pm
I am probably not alone among faculty in being intensely grateful for the tenacity, clarity, fairness, and depth of the Linfield Review’s reporting on this matter, which affects not only the individuals hurt, but all of us who live and work at Linfield. This is how truth, accountability and justice are achieved. Thank you.
Prof. Anna Keesey
Linfield Department of English
Longtime Linfield College trustee faces felony indictment stemming from student’s sexual abuse complaint
Cutline for photo showing Linfield College entryway sign near TJ Day Hall: The chair of the college's board of trustees emailed other trustees on June 17 that trustee David Jubb had resigned, "due to health concerns.'' The college spokesman, though, acknowledged that Jubb resigned after a student complained about his "inappropriate advances.''
By Maxine Bernstein, Oregonian, 5/9/2020 print edition. Online: Updated May 08, 2020; Posted May 08, 2020
David Jubb, a longtime member of Linfield College’s board of trustees, faces a felony indictment stemming from allegations that he sexually abused a student on the board as they were leaving a faculty-trustee dinner last year.
Yamhill County District Attorney Brad Berry confirmed Friday that a grand jury has returned an indictment against Jubb, who resigned from the board last June. Jubb is scheduled to make his first appearance in Circuit Court on Wednesday afternoon.
Berry said the indictment remains sealed so he can’t disclose the charges until Jubb’s court appearance.
Stephen A. Houze, Jubb’s criminal defense lawyer, said Jubb will challenge the allegations, although he doesn’t know what the specific charges are yet.
“We will be entering a not guilty plea and we will be contesting the allegations mightily,’’ Houze said.
Jubb, 71, resigned as a board trustee last June. He’s a 1971 Linfield College graduate and had served on the board since 1994, chairing its financial affairs committee, according to a college magazine. He’s a retired partner of PricewaterhouseCoopers and served on the board of The Reser Family Foundation.
AnnaMarie Motis, an undergraduate student, filed a federal civil suit in December against Jubb, alleging he put his hands up her dress twice on the evening of Feb. 15, 2019, and touched her buttocks and genitalia. She also filed suit against the college.
The Oregonian/OregonLive generally doesn’t identify alleged victims of sexual abuse but Motis said she wanted to be named after filing the suit.
She was a student representative on the board when she attended a faculty-trustees dinner that night at Michelbook Country Club after a board meeting.
After the dinner, Jubb grabbed her and pulled her body to his in the foyer of the club as they waited for a ride to join other trustees at a bar, Motis said. When she objected, Jubb reached under her skirt and grabbed her bare buttocks, the suit alleges.
At the bar, she sat across from Jubb and he “aggressively bumped” her legs under the table, according to the suit. She moved her chair, but Jubb pulled it closer to him, “then thrust his hand’’ under her dress and touched her genitalia, the suit says.
Motis reported Jubb’s behavior to the board’s chair, David Baca, and to the college within a week and made a police report in March 2019, her lawyers said.
This past February, Motis’ civil claims against the college were dismissed under a joint agreement, according to court records. The college reportedly paid $500,000 to the student in a settlement.
The suit alleged the college was aware of a prior allegation of sexual harassment involving Jubb but failed to investigate. Court records showed that the college responded to Motis’ suit by alleging that any injury to Motis was the sole fault of a “third-party.’’
Linfield officials Friday declined to discuss in any details about Jubb or the allegations against him. College spokesman Scott Nelson would say only that “Linfield has cooperated with the investigation and will continue to cooperate with the judicial process.”
After a story ran last year in The Oregonian/OregonLive about the civil suit against Jubb, Linfield faculty, students and alumni drafted and distributed a petition calling for the resignation of Baca.
Baca had written to board trustees last year that Jubb was resigning “due to health concerns” and praised Jubb’s contributions.
The petition, signed by 84 people, said:
“Chairman Baca has failed repeatedly in his leadership role to protect Linfield College and its reputation and has tremendously compromised the health and safety of our institution by putting the dignity and safety of the individuals assaulted at great risk,’’ the petition reads.
“We do not demand this resignation lightly. Chairman Baca has seriously compromised the safety of our students, staff and faculty as a result of his failure to inform the Linfield community that a Linfield student trustee was sexually assaulted by a senior member of the Board of Trustees at a February 2019 trustee social event.’’
According to Linfield College’s lawyer Paula A. Barran, when Motis informed board chair Baca of the allegations, he asked Motis for “her input on her thoughts whether the college should remove Mr. Jubb from the Board,’’ told Jubb he was not to attend the May board meeting and asked Jubb for his resignation. Baca also asked Motis what she needed in terms of support, and the college’s Title IX sexual harassment complaint coordinator talked to Motis about her options to go to the police or have the college investigate Barran wrote in a court filing.
According to the college, Motis initially said she wished to make a police report but didn’t seek an internal college investigation. Later, through her attorney, she participated in an internal college inquiry. The college hired an outside investigator to interview Motis, according to court records.
Jubb is a long-time Portland accountant and lawyer with connections in the corporate and philanthropic world. After several years working for big accounting firms, he went out on his own as a tax lawyer and business consultant. He got involved with the Reser family, owner of Reser’s Fine Foods in Beaverton. When family patriarch Al Reser died in 2010, Jubb served as the personal representative of the estate.
He staked out an important presence in the philanthropic world. He served on the board of the Reser Family Foundation, according to the organization’s tax filings. He also was secretary and chief financial officer of the William G. Gilmour Foundation, a San Francisco non-profit with Portland connections.
Oregonian Staff Writer Jeff Manning contributed to this story.
##https://www.oregonlive.com/crime/2020/05/longtime-linfield-college-trustee-faces-felony-indictment-stemming-from-students-sexual-abuse-complaint.html##
:::::::::::::
McMinnville N-R/News-Register, May 12, 2020
A former Linfield College trustee will be arraigned in Circuit Court on Wednesday, May 13, on charges related to a student’s accusation that he sexually assaulted her in February 2019.
AnnaMarie Motis filed a lawsuit in November stating trustee David Jubb, then 70, touched her under her clothes following the Board of Trustee’s February meeting.
Motis, who is from Alaska, was the student representative to the board of trustees for the 2018-19 school year. She attended the board’s Feb. 15 meeting and a dinner that followed at Michelbook Country Club. She said she also accompanied some of the trustees to a downtown bar after dinner.
Her lawsuit accused Jubb of insisting she accompany him downtown in an Uber vehicle, rather than riding with other trustees. While they waited for their ride, she said he grabbed her and pulled her against him, and grabbed her beneath her skirt.
Motis said she ran into Jubb again at The Oak, where she sat across from him at a narrow table. She said he bumped her legs, pulled her chair closer to him and placed his hand under her dress and touched her crotch.
The lawsuit says Motis left the bar at that point, and that she reported the sexual assault to McMinnville police. Within a week, she reported it to the chairman of the board of trustees and to the college, as well.
The News-Register does not usually name the victim of a sexual assault, but is doing so here as Motis filed the civil lawsuit in which she was named.
Motis named both Jubb, a 1971 Linfield graduate, and the college in her lawsuit filed with the U.S. District Court in Portland. Her amended claim in February 2020 asks for economic damages of about $100,000, medical and counseling expenses of about $50,000 so far and an expected $100,000 in the future, and non-economic damages of $1 million.
She and Linfield agreed to a voluntary dismissal in February. The Linfield Review student newspaper reported this week that Motis received a settlement of $500,000 from the school.
In a separate action, Yamhill County District Attorney Brad Berry said a grand jury has returned a sealed felony indictment against Jubb, so he cannot reveal the charges until Wednesday.
Jubb will appear via a teleconference at 1:30 p.m., according to his attorney, Stephen Houze.
“He will be entering a not guilty plea and we will be contesting the charge,” he said.
::::
Crime
Longtime Linfield College board trustee David Jubb accused of sexually abusing four students
Photo cutline:
The chair of the college's board of trustees emailed other trustees on June 17 that trustee David Jubb had resigned, "due to health concerns.''
By Maxine Bernstein, Oregonian, May 13, 2020
David Ralph Jubb, a longtime member of Linfield College’s board of trustees, is accused of sexually abusing four different students in 2017 and 2019, including a student trustee last year.
Jubb, through his defense lawyer Stephen Houze, entered not guilty pleas by phone to an eight-count indictment unsealed Wednesday in Yamhill County Circuit Court.
Jubb, 71, is accused of one count of first-degree sexual abuse, which alleges he subjected undergraduate student AnnaMarie Motis to forcible sexual contact on Feb. 15, 2019, as the two left a faculty-trustee dinner.
He’s also accused of seven counts of third-degree sexual abuse involving three other students.
The indictment says he subjected the three other women to sexual contact, by touching either their buttocks, groin or tongue, on May 5, 2017, which was the day of the college’s annual Symposium Day, a celebration of senior scholarship and academic achievement followed by a senior awards dinner, according to a college calendar.
Motis, who was a student representative on the college board, alleges in a separate pending federal civil lawsuit that Jubb put his hands up her dress twice on the evening of Feb. 15, 2019, and touched her buttocks and genitalia. The Oregonian/OregonLive generally doesn’t identify alleged victims of sexual abuse but Motis said she wanted to be named after filing the suit.
Jubb resigned as a board trustee last June. He’s a 1971 Linfield College graduate and had served on the board since 1994, chairing its financial affairs committee, according to a college magazine. He’s a retired partner of PricewaterhouseCoopers and served on the board of The Reser Family Foundation.
Yamhill County Circuit Judge Ladd J. Wiles ordered Jubb not to drink alcohol after a prosecutor noted that at least one of the alleged abuse encounters occurred when Jubb was intoxicated.
The judge also ordered Jubb not to have contact with any of the women, who were identified in the indictment by their initials.
Jubb was directed to schedule a booking photo and fingerprints in the next 10 days. He’ll be allowed to live at his home in Vancouver. He posted 10 percent, or $10,000, of his $100,000 bail and is set to return to court July 2.
Motis reported Jubb’s behavior to the college board’s chair, David Baca, and to the college within a week and made a police report in March 2019, her lawyers said.
This past February, Motis’ civil claims against Linfield College were dismissed under a joint agreement, according to court records. The college reportedly paid $500,000 to the student in a settlement.
The suit alleged the college was aware of a prior allegation of sexual harassment involving Jubb but failed to investigate.
"Last week, Dave Jubb advised me he was resigning from the Board due to health concerns,'' Chair David Baca wrote, according to the suit.
Linfield faculty, students and alumni distributed a petition calling for Baca’s resignation, saying he failed to protect students and didn’t tell the college community about the real reasons that led to Jubb’s resignation.
Baca wrote to board members last year that Jubb was resigning “due to health concerns” and praised Jubb’s contributions.
An email to staff and alumni from the college president last week noted that Baca was re-elected as board chair and will serve another three-year term, said Chrissy Bassler, who graduated from Linfield in 1988. Bassler forwarded the email to The Oregonian/OregonLive.
Bassler criticized Baca’s tenure. "He never did anything with the allegations against David Jubb by other Linfield students previous to AnnaMarie Motis coming forward,'' she said.
Baca, she said, did nothing to look into prior allegations made against Jubb by at least one other student, and Jubb only resigned after Motis filed a lawsuit against the college.
Linfield College’s lawyer, Paula A. Barran, wrote in court documents this year that Baca asked Jubb for his resignation after Motis reported her allegations.
College spokesman Scott Nelson said the school hasn’t seen the indictment against Jubb and so he couldn’t comment on it. "But Linfield has cooperated with investigators. We care deeply about our students and protecting them in whatever way we can,'' Nelson said.
::::
Longtime Linfield College board member David Jubb sexually assaulted student, lawsuit says
Photo cutline:
The chair of the college's board emailed other trustees on June 17 that trustee David Jubb had resigned, "due to health concerns.'' The college spokesman, contacted Tuesday, said that Jubb resigned after a student complained about his "inappropriate advances.''
By Maxine Bernstein, Oregonian, Dec 10, 2019, updated Dec 11, 2019
A member of Linfield College’s board of trustees resigned earlier this year after a student who also served on the board complained that he sexually assaulted her as they were leaving a faculty-trustee dinner and later at a bar where the trustees had gathered, according to a federal suit.
AnnaMarie Motis told the board’s chair that trustee David Jubb put his hands up her dress twice on an evening in February and touched her buttocks and genitalia, the suit says.
Her suit, filed Tuesday in U.S. District Court in Portland, accuses Jubb of battery and the college of negligence in failing to protect her. She’s seeking at least $550,000 in damages.
“The former trustee involved in this complaint is no longer a member of the Board and has not attended any college functions since we were made aware of the allegation,’’ Linfield College spokesman Scott Nelson said in a statement.
Jubb, 70, is a 1971 Linfield College graduate and had served on the board since 1994, chairing its financial affairs committee, according to a college magazine. He’s a retired partner of PricewaterhouseCoopers and is a board member of The Reser Family Foundation.
The Oregonian/OregonLive generally doesn’t identify alleged victims of sexual abuse but Motis said she wanted to be named.
She was an undergraduate student representative on the college’s board when she attended a faculty-trustees dinner on Feb. 15 at Michelbook Country Club after a board meeting. She was invited to join other trustees at a bar following the dinner.
Jubb said he would pay for an Uber and insisted that Motis accompany him to the bar, Nick’s Backroom in McMinnville, according to her suit.
As they waited in the foyer of the country club for their ride, the student said Jubb told her he was staying at the Atticus hotel in downtown McMinnville and would bring her with him after they met others at the bar and "end the night there,'' the suit says.
Motis said Jubb grabbed her and pulled her body to his. She objected, telling him, “I feel like that’s a little close,’” the suit says.
Jubb didn’t stop and reached under her skirt and aggressively grabbed her bare buttocks, the suit alleges.
The student stepped away, the suit says, and told Jubb, “That’s definitely not something I’m comfortable with.’’
Another trustee entered the foyer and offered the student and Jubb a ride to the bar. Once they arrived, they learned Nick’s was closed, so the trustees decided to go to another bar in downtown McMinnville, The Oak.
Once at The Oak, the student sat opposite Jubb at a narrow table.
He “aggressively bumped” her legs under the table, according to the suit. She moved her chair to be further away, but Jubb pulled her chair closer to him, “then thrust his hand’’ under her dress and touched her genitalia, the suit says.
Motis immediately left the table and told others she needed to leave.
Within a week, the student reported Jubb’s behavior to the board chair and to the college. The chair assured Motis that Jubb would be removed from the board by May, the suit says.
Nelson said when Motis reported the “inappropriate advances,’’ college officials advised her of her options, including going to the McMinnville Police Department and having the college conduct a Title IX sexual harassment investigation. Nelson did not say whether the college contacted McMinnville police.
“In every case of an allegation like this, we advise the students of their options on-campus and off, including going to the police. We offer them resources and help, depending upon what they would like to do. But we would never disclose a student’s decisions without their permission,’’ Nelson said.
The student went to McMinnville police on March 20, according to her lawyers, Erin Greenawald and Sean Riddell.
Jubb resigned from the board in June. He did not return multiple phone and email messages seeking comment.
In a June 17 email to board members, Linfield College board chair David Baca wrote trustees that Jubb had advised him he was resigning “due to health concerns.”
“Dave provided valuable service to the board and the College over many decades,” the email said. “He has been a classmate, friend, and associate of many of us for years, and for those so moved, it is appropriate to express gratitude for his positive contributions, but in doing so we should respect Dave’s privacy. Best Regards, David Baca Chair of the Board”
"Last week, Dave Jubb advised me he was resigning from the Board due to health concerns,'' Chair David Baca wrote, according to the suit.
On July 9, Linfield College interviewed Motis.
The police investigation went to the Yamhill County District Attorney’s Office for review, according to the suit.
Yamhill District Attorney Brad Berry said Tuesday that his office is still reviewing the investigative material, which has been assigned to a deputy district attorney. No charges have been filed at this time.
The office first received material from McMinnville police in August, then more information from police, as well as other sources, in September and additional material about two weeks ago, Berry said.
The college inquiry is still pending, according to the suit.
The suit alleges the college was aware of a prior allegation of sexual harassment involving Jubb but failed to investigate.
“Ms. Motis was subjected to a hostile educational environment created by Linfield’s failure to properly investigate and/or address Defendant Jubb’s previous allegations of sexual assault or sexually inappropriate behavior,” it says.
The college has not yet been officially served with the suit. “But rest assured that protecting students is, and will always be, our highest priority,” Nelson said Tuesday.
Motis is on leave from the school.
She’s seeking economic damages of $250,000, non-economic damages of $300,000 for emotional distress and psychological damage and unspecified punitive damages.
She also wants a judge to order the college to take steps to prevent sex-based discrimination, harassment and assault and fully investigate conduct that may constitute sex-based harassment and/or sexual assault and respond appropriately.
-- Maxine Bernstein
::::
Student accuses Linfield trustee of sexual assault
By STARLA POINTER of the News-Register
McMinnville, Ore., News-Register, Friday, Dec. 13, 2019
A Linfield College student has filed a lawsuit alleging a college trustee — who subsequently left the board — sexually assaulted her in McMinnville in February.
AnnaMarie Motis stated that trustee David Jubb, 70, touched her under her clothes during activities following the board’s February meeting.
She names both Jubb, a 1971 Linfield graduate, and the college in her suit, filed with the U.S. District Court in Portland.
She alleges the college knew about previous “inappropriate sexual conduct” by Jubb, that the school failed to take action, and that the assault caused emotional distress and “deprived her of access to educational opportunities or benefits” at Linfield.
She is seeking a jury trial and asking for at least $550,000 in damages, including economic damages of $250,000, non-economic damages of $300,000, and punitive damages. She also wants the college to take steps to prevent sex-based discrimination and harassment, and to fully investigate such complaints.
Scott Nelson, director of communications for Linfield, said the college advised the student of her options when she reported the assault to officials,
SEE LAWSUIT, A3
…………
Lawsuit Continued from A1
“including reporting to the McMinnville police and/or having the college conduct a Title IX investigation.”
Title IX was enacted in 1972 to provide equal opportunities for and end dis-crimination against women on college campuses. It also covers sexual harassment and assault.
Nelson said Wednesday the college had not yet been served with a legal com-plaint.
“Protecting students is, and will always be, our highest priority,” he said.
Motis was the student representative to the board of trustees for the 2018-19 school year. She attended the board’s Feb. 15 meeting and a dinner that followed at Michelbook Country Club. She said she also accompanied some of the trustees downtown after dinner to visit a bar.
Her suit alleges that Jubb insisted she accompany him downtown in an Uber vehicle, rather than going with other trustees. While they waited for their ride in the country club foyer, she says he told her he would take her to his hotel, the Atticus, after the bar and “end the night there.”
She also alleges he grabbed her and pulled her against him. She said she stepped away and told him, “I feel like that’s a little close,” but he persisted and this time grabbed her beneath her skirt. She said she moved away again and told him “that’s definitely not some-thing I’m comfortable with.”
Jubb left the foyer and another female trustee gave Motis a ride downtown. But the student said she ran into Jubb again at The Oak, where she sat across from him at a narrow table. She alleges he bumped her legs, pulled her chair closer to him and put his hand under her dress and touched her crotch.
The lawsuit says Motis left the bar at that point, and that she reported the sexual assault to McMinnville police. Within a week, she reported to the chairman of the board of trustees and to the college, as well.
She said the chairman, David Baca, assured her Jubb would be removed from the board of trustees. In June, he sent a letter to other board members, saying Jubb “was resigning due to health concerns ... Dave provided valuable service to the board and the college for many decades.”
Linfield officials interviewed Motis about her complaint in July. The law-suit says the investigation has not been completed.
:::
