ROBBINS RICHARD ROBBINS LITIGATION AND REGULATORY LAW Direcl Line: 678-701-7320 E-rn?il: August 21, 2015 VIA EMAIL AND FEDERAL EXPRESS Eric W. Kaler Office of the President 202 Morrill Hall 100 Church Street SE. University of Minnesota Minneapolis, MN 55455 Email: upres@umn.edu Re: Parker Executive Search Dear President Kaler: Our law firm represents Parker Executive Search. Our client has asked us to respond to certain comments attributed to you regarding the due diligence performed by Parker Executive Search in connection with the University of Minnesota's decision to retain Nonrvood Teague as Athletics Director. We refer to the comments reflected in a reported interview with Minnesota Public Radio News, among various other media reports. Parker Executive Search respectfully disagrees with any suggestion that its search process was incomplete, or that there is or should be any ?legal recourse? against the firm. Parker Executive Search takes tremendous pride in the process it rigorously follows, which has led to many successful searches at a large number of higher education institutions around the country. Parker Executive Search is a member of the Association of Executive Search Consultants and follows the code of professional practice and the national standards of excellence of the Association. The University?s original Press Release accurately summarized the rigorous nature of the due diligence performed by Parker Executive Search and by the University. We also agree with the Press Release that neither Parker Executive Search nor the University had any reason to believe that Mr. Teague would engage in the appalling and unacceptable conduct of which he is accused. Unfortunately, the subsequent comments attributed to you, and some of the conclusions apparently drawn by the media based on those comments, did not ROBBINS -Ross - BELINFANTE - LITTLEFIELD 999 PEACHTREE ST., Irzo . ATLANTA, GA 30309 - Eric W. Kaler August 21, 2015 Page 2 accurately reflect the role of Parker Executive Search. This has the potential of causing significant harm to the business and reputation of Parker Executive Search. Thus we need to set the record straight, while at the same time respecting the confidentiality obligations our client owes to you and the candidates, including Mr. Teague. At the outset, we want to emphasize that Parker Executive Search has valued greatly its longtime relationship with the University of Minnesota. The firm has successfully recruited several outstanding candidates with your great institution. Parker Executive Search is very distressed that the situation involving Mr. Teague has disrupted that relationship, and the firm does hope that the University reconsider its stated position that it does not plan to work with the firm. Timeline The timeline, as it involves Parker Executive Search, is critical. Since you may not have recalled accurately the series of events at the time of your interviews with the media, we want to provide a brief summary. February 28, 2012 Parker Executive Search, per its agreement with the University, began the search for a new Athletic Director for the University. April 18, 2012 The University's Search Committee interviewed five candidates. At the direction of the University, Parker Executive Search focused its primary due diligence on Mr. Teague as the leading contender. Mr. Teague was at the time Athletics Director at Virginia Commonwealth University (VCU), and was very well respected in that position. April 23, 2012 Parker Executive Search submitted its written ?Candidate Background Report? on Mr. Teague to the University. While the details of the Report are highly confidential, we can say that the Report was consistent with the Parker Executive Search?s standard and rigorous due diligence practices. As the University's Press Release accurately stated: "As part of its search services, Parker Executive Search conducted background investigations on candidates that included to: Roners-Ross - BELINFANTE - LITTLEFIELD m; Eric W. Kaler August 21, 2015 Page 3 - Obtain written permission from each candidate to conduct background inves?ga?ons; 0 Conduct criminal, credit and motor vehicle investigations; 0 Confirm candidates' academic degrees; 0 Conduct a NCAA sanctions review for past major infractions; 0 Conduct media reviews for potentially controversial areas of concern; 0 Have candidates sign a statement of accuracy of vita andlor bio; 0 Check references for each candidate. In addition, as part of Parker's process, Parker asked candidates to disclose in writing any potential issues of controversy or concern that that University of Minnesota should be award of (Le, legal, work-related, credit issues, civil litigation suits [sic], etc. [The finalist] signed a statement, indicating no such issues exist." (August 17, 2015 Press Release.) April 23I 2012 The same date as the submission of the Candidate Background Report, the University held a press conference at which Mr. Teague was named the next Athletics Director. According to press reports, Mr. Teague was very positively commended by many prominent individuals in the athletics world. (See April 23, 2012 article on Gophersportscom, a copy of which is attached). Clearly, none of these outstanding individuals, who had actual working relationships with Mr. Teague at VCU and elsewhere, would have supported him had they had any knowledge or even suspicion that Mr. Teague had ever engaged in the type of misconduct of which he is now accused. Parker Executive Search did not uncover any reported instances of sexual harassment. And it is notable that, as of this date, there still have not been any reports that Mr. Teague engaged in sexual misconduct at VCU or elsewhere before he became Athletics Director at the University of Minnesota. R0 313le Ross BELINFANTE - LITTLEFIELD Lu: Eric W. Kaler August 21, 2015 Page 4 The involvement of Parker Executive Search concluded as of the time of Mr. Teague?s appointment on April 23. Parker Executive Search was not asked to, nor did it, conduct any further investigation of the candidate. May 2012 It is our understanding that Beth Cunningham, VCU's then-women's basketball coach, filed an internal complaint with VCU in May 2012. Our further understanding is that the complaint was not based on sexual harassment but instead on an alleged Title IX violation, and that the matter was settled, for unknown reasons, by VCU in July 2012. VCU's complaint process is highly confidential. Our understanding of the filing date, the nature of the complaint, and its outcome are based on press reports which may or may not be accurate. VCU has publicly confirmed the confidentiality of the process. If there was an EEOC charge, that would have been confidential, nonpublic information as well, pursuant to federal law. It is critical to note that the Cunningham complaint against VCU was filed, to the best of our knowledge, after the search process by Parker Executive Search had concluded. Even if it had been filed earlier, Parker Executive Search cannot be faulted for not learning more about a complaint filed internally and confidentially within VCU, or otherwise filed in a confidential context. We all agree Mr.Teague did not disclose any such claim even if he was aware of such a claim, or the potential for such claim. He in fact warranted the opposite. VCU also did not disclose the complaint, consistent with its internal processes with which we do not quibble. We presume the University of Minnesota has a similar internal confidential process for evaluating internal grievances or EEOC charges. Nor did the University's own due diligence uncover the potential for any such claim by Ms. Cunningham. Our understanding is that the University, like other institutions of higher learning, conducted its own due diligence under the auspices of the Search Committee. (Both Parker Executive Search and the University to our knowledge checked with "on list? and ?off list? references?) The University's due diligence did not uncover any evidence that Mr. Teague ever engaged in any misconduct, which was consistent with the findings of Parker Executive Search. In your interview, you referred to an earlier "lawsuit" filed by Ms. Cunningham, and suggested that Parker Executive Search "missed" the litigation during its due diligence. To our knowledge, and according to published reports, there was no ?litigation.? There was only a confidential internal complaint and/or a confidential m; Eric W. Kaler August 21, 2015 Page 5 EEOC charge. I personally checked the federal docketing today and saw no indication of any lawsuit being filed. We would welcome any documentation you have to the contrary. This is a critical distinction because any litigation would have been a matter of public record, while any internal or EEOC complaint would not have been. Any suggestion that Parker Executive Search "missed" a public filing is simply not accurate. March 2013 Our understanding is that an employee of the University of Minnesota filed a federal lawsuit against the University which challenged her termination by Mr. Teague. Parker Executive Search was not involved in any manner with any due diligence of Mr. Teague at that time. The University elected to settle with the plaintiff in November 2013 and elected to continue to employ Mr. Teague, which was certainly its prerogative but was without the involvement of Parker Executive Search. Reportedly, that employee's claims, like those of Ms. Cunningham at VCU earlier, were not based on sexual harassment but instead on an alleged Title IX violation. We have no understanding one way or the other whether the claims against the University of Minnesota had merit. As a longtime litigator who has handled many employment disputes, I certainly am aware that there are reasons why an employer may settle a claim whether or not it is believed to have merit, including cost of litigation, distraction and the like. Again, this was the University's decision and did not involve our client. Conclusion Parker Executive Search conducted an extensive and thorough due diligence process for the University, which concluded with its Report submitted on April 23, 2012. Prior to that date there were no reported instances -- and there still are no reported instances of any sexual harassment or similar misconduct by Mr. Teague. The one complaint of which anyone is aware was filed byMs. Cunningham after the search was conducted by Parker Executive Search and after Mr. Teague was appointed as Athletics Director of the University of Minnesota. In any event, Ms. Cunningham?s claim against VCU reportedly was based on Title IX discrimination rather than sexual harassment. A Tile IX claim by another claimant at the University of Minnesota in 2013 was not deemed a sufficient basis for termination of Mr. Teague at that time, and there is no indication that the reported VCU complaint would have been a disqualifying factor had the University known of it earlier. Our view, based on the information of which we are aware, is that neither Parker - BELINFANTE - Eric W. Kaler August 21, 2015 Page 6 Executive Services nor you were or should have been aware of any disqualifying information on Mr. Teague at the time the employment decision was made. In light of the above, all of which we believe is readily verifiable, we trust you and the University will reconsider any express or implied statements that Parker Executive Search performed its search in anything other than an excellent manner. We also hope that the University consider Parker Executive Search for future searches. Our client?s processes and contacts within the athletics community are unparalleled. Should your Office or counsel have any questions, please do not hesitate to contact me. You or your staff also should feel free to talk directly with Laurie C. Wilder, the President of Parker Executive Searches. Sincerely yours, ill l; Richard L. Robbins RLR/klm Attachment cc: Amy Phenix, Chief of Staff, Office of the President (via email and Fed Exp) (pheni001@umn.edu) Dan Parker, Chairman Laurie C. Wilder, President Daniel Parker, Vice President and Managing Director, Sports Alexa R. Ross, Esq. Co~counse ROBBINS 'Ross -ALL0Y-BELINFANTE - LITTLEFIELD .Lc Norwood Teague Named New Director of Athletics at University lon Norwood Teague Named New Director of Athletics at University of Minnesota Prestdenl Eric Ki!" has named Remand Tongue 88 '31. next of athtetloe Queen I strut a Norwood To aguo was named the new director of arhtatics ot the Unhrers'ty or Mlnnesote Norwood Teague: First Interview as Gophers? AD April 23. 2012 Photo Garret-y [Read Norwood teague?s Futl Biography {Watch the rutt press conference Foltow Teague ort Twitterl Reed President Raters I?utl remarks lrorn the news conference jFaature: "Eager for the Chattenge? University of Minnesota Prestdent Erle- Kaler has named Norwtood Teagus as the next director of athlettm at the Universiy at Minnesota, pand'mg approval by the unhersity?s Board 01 Regents Teague joins Gopher Atnteucs otter oversee-mg an unprecadented run 01 success during his so: years as the director of athletics at Virginia Commonwealth umversity. He repteoee the retiring Joe! Malurt, who has hate the positim tor the pa st to years ?We are threted to wekorne Notwood to the of Minnesota and Gopher Ashrams.? Rater said. "ch41 is the teat deat - a ulstonary leader who futfy committed to winning. our student alhtetes and their education; someone who has actuated great athletic success in a environment; a and expertenced fundraiser. and a great manager. "For many Minnesotans and our hart melt-on Gopher Nhletice and wr radiates serve as a were door to the Keter north-sued 'Norwood dearty understands that, and is prepared to lake Gopher Athletics to greater success.? Kater welcomed dunno a press conference at TCF Bank Stadium this altemoon. ?t?m honored to be a Gopher and can?t wait to be part out the 3?9 Ten Conference." Teegtte said. ?Jodi lt'leturt and the partnerships he has forged student sthtetee, coaches. faculty, stall, donors and the broader comunr'ty have a strong Gopher Athletics program for ready to tear! the Gophers to the next lat-at and lhope existing and new Stakeholders we jotrt me In that endeavor. Together, {more we wte accomplish greet If approved. Teague wit? begin work at the untvarsr'ty on July t. He was on campus Monday to lnteMew with President Kate: and the search advisory oomrn?tee. a 5 well as meet coaches. faculty and other sentor university leaders. Teague. 46. has more than 20 years or exporlenee working in tntercottegtate athletics. During tenure at VCU. he has overseen continued success in the czassroom and on the [haying held. as welt as storming growth to girls to VCUs annual and capital Mods VCU has atso achte'red unprecedented athletic success under Teague's guidance The Rams? men?s horseman team reached ersl aver Finer Four to 291$; women's bestmbatr earned the ?rst ROM Tournament bid in program history; the baseball. goal and tennis programs at! made postseason appearances; and the track program had severe! student athletes quality for NCAA regional appearances Teagt'e holds a master?s degree 51 sports ednanlshetton trorrt Dhto University and a bachelofe degree in pottlcat sclence from the or North Caro-?ne ?Matheeola should celebrate the hlre ot Teapoe.? sold Jim PhtESps, athtettcs director at Nonhure stern University are a former cotteegue of Teegue?s. ?He's got exceptional experience to supporting student alhteles and managlng coaches Alt that he's done means he to prepared to at high teuets He's done so at Anzone Stale North Ceretr?na and Pht?ps. who also ea?er to his career hired Gophers Coach Jerry tort, sate he expects Teagua and Phil to make a greet team "They are cut from the same ctoth.? satd "They have stm?tar values and are grounded in the ballet ot dovele young people into leaders through athtetlcs. Teague ts a terri?c retatton ship builder with coaches. start. donors, the NCAA and the community. He's also a visionary who works hard, plans wee and um bu?d a strong rotationsz with Coach Ker and others to reap bene?ts for the footbatr program eald he ts looking forward to matting that happen "Jim Ph?tips has assured me about Norwood and that?s good enough for the look forward to wormg with him and t2aae.htmt warms-amour Nut-at I Term moron-rm? etmts-waascam GET THE NEWEST SHOP 9. 8/20/2015 8:24 AM Nonvood Teague Named New Director of Athletics at University Alter meeting Teegue and other Gophers coaches ?may mrnirlg. Kit: setd. ?t know Nom-oort gets 1. That?s the best corr?p?mertt you can rive anyone at this rover He understands cotteoe athletics and whet :l's cow; to tithe to be Wish] Shaka Smart. We head men's basketbatt coach. We Teague's management style ?rst hand Smart took the Nth-seeded Rams to the Fine: Four in 20? for the ?rst l-?me to school history. "Norwood Teague had a profound e?act on my 3er and career. He took an Interest in me as a young assistant coach. gave me a oheoomenel opportunity at VCU end whetaheertedty supported us every step of the way over the pest three yeen.? Smut said. ?He oemonmelod an uncommon toye'ty one genuine cero tor me as a coeeh and as person. it a terri?c communicator who has a fantastic way with people He wit} ?nd great suecess at Minnesota Taaguo?s visit on the New Cities campus on Monday was the mat step in a two-month national search co-chalreo by R, My Mum?f. vice president For research at the university. arid Mary Jo Kane. director or the Tucker Center tor Research on Gide 3. Women in Sport A E's-member search advisory comma and a four?person (W35 Home with the teedtng natiooet exacntive search rm In wiregiete ethtetsce - Parker Executive Search . to engage variety of stakeholders and ammo tee-?points tn the The process included faculty. staff, student athtetes. community members anti others whose input was sought at publtc listenth seesions tntenrtevvs went to entrees my sincere gratitude to everyone who participated in this eearch. especiain the members ofour Search advisory committee and the four-person search comiltee. matinee search coAchairs Vice Freeidenl Moleahy and Protessor Kano. alumnus John Llndahl? cioao Mono 0! ethielico. and Chief of Ste? Amy Phenbr.? Kale! said "The loneline was aggressive and my charge to line a strong candidate with a host of lrnpeocebte attributes was no email leek But everyone rose to the chaitenge and remanded a ?na?st in whom I have great con?dence Printer-memory formal t3 Emanuele enicie ww?imm For all our insurance CITY-CO AGENCY em TEAM MINNESOTA PARTNERS fi?iW-w 2 mums, 3 tc df?i?lr? . MEtt?s seonrs tvoturtt?s Hut ZONE SH 01- nexus Bee-aha?! Swim at Dive snarl: Squad Alt-Mouse Contests Auctions Buy Tldoete Baeltetbal Tamas ?New? am a. Dive Fatah-ooh E-News Dvo Store Preferred Seating Cross Country track Field Cm? CW Tennis Live euro Fart Rotations Gotdy'e Locker Prem?um Seating Freeman tree-atrium; Back a. Here Live stats tree of Fame Rom Got! Gmml?? Witeybalt more: Kids Cree Gm' PMS Gymnastics Hockey Preferred Hote?s A?H-?cs Hockey ?Wm spirit squad mm Fac?i?e?a Sonbalt 'th thIJaI Vat ether CBS Interactive Sites CBS Cares (30 2015 CBS Interactive ?51 rights reserved Privacy Pottery [Ad more? 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