Baylor a ‘flawed Family’ but Still a Family, Interim President Says
By Ken Camp
WACO—David Garland hopes people think about Baylor University in totally different ways by this time next year. The university’s interim president wants other schools to think of Baylor when they look for an example to follow in terms of compliance with Title IX, the law that prohibits sexual discrimination—including sexual harassment or assault—in educational institutions that receive federal funds. But when the general public hears about Baylor, Garland hopes sexual violence is the last thing that comes to mind. “We have implemented all kinds of checks and balances to protect our students,” he said, identifying students’ safety as “Priority One for us.” And rather than thinking of “Baylor Nation,” he hopes people think about “the Baylor family.” “That doesn’t mean we are always one big, happy family,” he said. Garland sat down in the president’s office on the Baylor campus June 9 for an interview with the Baptist Standard that ranged from issues dealing with how a faith-based institution handles reports of sexual violence, to motivations for service, to Christian character formation, to issues of accountability. Called into service again Garland, professor and former dean of Baylor’s Truett Theological Seminary, served previously as the university’s interim president from August 2008 to May 2010 and as interim provost in 2014-15. So, the regents turned to him again May 26 after they demoted then-President Ken Starr, who subsequently also stepped down from his position as chancellor. The board also fired Head Football Coach Art Briles and sanctioned Athletic Director Ian McCaw, who resigned a few days later. Regents announced the major personnel changes two weeks after they received a “comprehensive briefing” from Pepper Hamilton, the Philadelphia law firm the board retained last September to investigate Baylor’s response to reports of sexual violence. That investigation revealed a “fundamental failure” by Baylor to implement Title IX of the Education Amendments of 1972 and the Violence Against Women Reauthorization Act of 2013, according to a 13-page “Findings of Fact” document the regents released. Respect for Diana Garland’s legacy Garland agreed to serve as Baylor’s interim president at such a challenging time in part because the request came from Richard Willis, then-chair of the Baylor board of regents. Garland recalled how Willis led the board to honor his wife, Diana, the founding dean of Baylor’s School of Social Work, by naming the school in her honor while she was living. She died last September after a battle with pancreatic cancer.
“In honoring her in that way, I felt indebted to him,” Garland said. “I also felt indebted to the regents and wanted to affirm their courage in making the findings of Pepper Hamilton public, knowing we were going to take all kinds of hits. But this is a testimony to the character of Baylor University and its mission as a Christian university.” After he accepted the interim president’s role, Garland also recognized, in some sense, he was carrying on his wife’s work. She conducted extensive research and became nationally acknowledged as an expert on sexual abuse, particularly involving clergy. “I reflected on this after the fact,” he said. “In some way, being in this position, dealing with these kinds of issues and addressing how we are going to prevent that from occurring on Baylor’s campus, I felt in some way I was honoring her work. … I am here, and she is here with me.” Implementing the Pepper Hamilton recommendations In addition to the “Findings of Fact” document, Baylor’s board of regents also released a 10-page set of recommendations from Pepper Hamilton. The university already has implemented some of the recommendations, and it will implement them all, Garland said. “The Pepper Hamilton investigation gave us 105 recommendations, which I interpret as mandates,” he said. Baylor put into place 10 broad-based implementation teams to address Title IX protocols and policies, athletics, engagement and education, centralized reporting and resolution, public safety, counseling, advocacy and other issues. They involve faculty, staff, administrators and students. Reagan Ramsower, senior vice president for operations and chief financial officer, heads a sexual assault task force, Garland reported. Provost Greg Jones leads an initiative focused on spiritual life, Christian character formation and creating a caring culture. To support those efforts, Baylor added personnel, Garland noted. The university hired Brandyn Hicks, an attorney, to coordinate the implementation of the Pepper Hamilton recommendations as director of special projects and initiatives. Baylor also enlisted Darin Davis, assistant professor of Christian philosophy and ethics at Truett Seminary, to lead Baylor’s Institute for Faith and Learning, which was elevated to a more prominent position in relation to the provost, Garland said. “All universities can have protocols and policies. What we have to do as a Christian university is to help to form character, and that’s a whole lot harder,” he said. “We’re not simply an excellent research university trying to inform our students. We are trying to form our students.” Call for more information Garland praised the regents for releasing the “Findings of Fact” and the full set of recommendations. But others—including the executive committee of the Baylor Line Foundation—called for greater transparency. The Baptist Standard also asked Baylor for additional disclosure. Read those editorials here, here and here. In a June 3 open letter, Garland clarified Pepper Hamilton lawyers delivered their report as a comprehensive oral presentation to the board of regents, and he emphasized Baylor would not release any information that would identify—directly or indirectly—survivors of sexual violence. He stressed that again in the June 9 interview. “We are not hiding anything,” Garland insisted, noting laws governing student privacy prohibit universities from releasing information about student survivors of sexual assault, even if they choose to make their identity public. “What I am really concerned about is the retraumatization of these survivors.” Structural changes recommended Questioned about releasing more information regarding how the university responded to reports of sexual assault—not about the incidents of sexual violence themselves—and demonstrating whether appropriate individuals were held accountable, Garland commended the regents for making “pretty bold decisions” in terms of high-profile personnel changes. “There are three significant persons who are no longer here,” he said. Some recommendations from Pepper Hamilton—particularly regarding governance issues and the board of regents—dealt with issues not addressed in the “Findings of Fact” document. Tonya Lewis, director of media communications for Baylor, who sat in on the interview, noted not every recommendation was related to a specific case or incident. Rather, they reflect “best practices” by universities dealing with sexual assault issues, as identified by Pepper Hamilton. “These are (recommendations regarding) advice on structural issues and not individual cases,” Garland added, comparing it to an accreditation report where recommendations regarding structural improvements are noted. Dealing with survivors of sexual assault Pepper Hamilton’s “Findings of Fact” said Baylor not only failed to support individuals who reported acts of sexual violence, but also discouraged survivors of sexual assault from pursuing complaints. But best practices in dealing with people who have been traumatized by sexual assault limits Baylor’s ability to contact those individuals now, Garland said. The “empowerment model” the university follows allows the survivors to set the terms and decide when and how to initiate contact. “If they respond to us, we will try to do everything we can,” Garland said. “I’m a pastor. So, my initial response is to do something very pastoral. But I’m told that’s not wise, and we have to be wise. There are people who know, who have experience in dealing with these issues, who are guiding us.” Garland pointed to efforts already under way to provide training to personnel regarding the trauma experienced by survivors of sexual assault, as well as broad-based educational initiatives surrounding Title IX issues. Student safety foremost In his 2014 book, Beating Goliath, former Head Football Coach Briles said he believed he was in the “kid-saving business.” At the time, some praised his willingness to give second chances to players who had been in trouble as an act of Christian compassion and an expression of the desire to offer opportunities for redemption—particularly when some troubled players became star athletes. Garland made it clear Baylor would not put students at risk, and he pointed to recommendations from Pepper Hamilton regarding recruiting and screening potential transfer students. “Our first responsibility is to protect the safety of our students,” he said. “We have to be careful. Everybody thinks second chances are wonderful. We need to monitor. We need to put (students) in a situation where they will succeed.” A history of sexual violence will disqualify any potential student—athlete or otherwise—from admission to the university, he emphasized. “They will not be given admittance into Baylor if there is any record whatsoever of a sexual assault,” he said. “There is zero tolerance for that—zero tolerance … across the board.” Nation or family? A billboard along Interstate 35, near the university campus, proclaims Waco as “The Capital of Baylor Nation,” reflecting the brand Baylor’s marketing department adopted in recent years. In a recent editorial, Baptist Standard Editor Marv Knox drew a distinction between Baylor Nation and the Baylor family. Garland made his preference clear. “I don’t like ‘nation,’ and I want to do everything I can to change it to ‘family,’” he said. In fact, he addressed a June 10 open letter he sent to the university’s constituency, “Dear Baylor Family.” Flawed Families 150Garland referred to a book he and his late wife wrote together, Flawed Families of the Bible: How God’s Grace Works through Imperfect Relationships. He applied that picture of family to the university. “I think many people, in their experience at Baylor University, sense this as a family, not as a nation. ‘Nation’ seems more combative—nations going to war,” he said. Relationship with alumni organization When he talked to Baylor’s communications staff, Garland said, he learned the university adopted the “Baylor Nation” designation several years ago largely to distinguish itself from the Baylor Alumni Association’s use of “the Baylor family.” At the time, the university and the alumni association were involved in a longstanding feud that eventually led to lawsuits, which have been settled. The association—which agreed to change its name to the Baylor Line Foundation—received $2 million from the university and agreed to waive its rights to a replacement for the Hughes-Dillard Alumni Center, the organization’s home from 1978 to 2013. Garland noted he planned to attend a “celebration of the reconciliation,” including the election of three alumni-selected regents. “So, it’s family coming back together,” he said. Other goals for interim president Apart from the implementation of the Pepper Hamilton recommendations, Garland noted he wants Baylor to be able to focus on the Pro Futuris strategic plan for 2014-18. “I am so overwhelmed by all this. I want to bring us back to an even keel,” Garland said. “There are so many good things happening at the university. … We are going to continue to be an outstanding research university that is also an outstanding unapologetically Christian university.” Garland also hopes Baylor will become recognized by other institutions of higher education as the model for Title IX compliance and for creating an atmosphere where students are safe. Personally, Garland hopes to continue to work on a long-awaited commentary on the New Testament book of Romans, scheduled for publication in 2021. “I need the spiritual lifeline of working on the Scriptures,” he said. “And what I am dealing with is empirical evidence of what Paul had to say about sin in Romans.” When asked about how Texas Baptists might pray for him, he instead listed others who need prayer. “Pray for our faculty and our staff. It is a stressful and confusing time,” he said. “Pray for our students. Pray for our student athletes who may feel they have been tarred with a broad brush when they are not guilty of anything. … People have been praying for me enough in the last year.”
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