ANN ARBOR, Mich. (WXYZ) — Claims that surfaced in dispatch audio of the alleged assault involving former Michigan football head coach Sherrone Moore in Pittsfield Township on Wednesday could be problematic for the university, if proven true, says an attorney with expertise on Title IX and sexual harassment cases.
According to dispatch audio, a woman had called 911 saying that a man, believed to be Moore, had shown up to her apartment and was attacking her. The dispatcher then relayed that the woman reported the man had "been stalking her for months.”
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Civil rights and employment discrimination attorney Deb Gordon says those claims, if true, could have Title IX implications for the university.
“That's a problem," Gordon said. "If he's been stalking her, that does come under the umbrella if it meets the standards of sexual harassment, if there was a sexual component to that, and the university can be held liable.”
In the initial statement from Athletic Director Warde Manuel announcing the firing, the university did not mention any harassment, only saying that Moore engaged in "an inappropriate relationship with a staff member." The school has said the matter is still under investigation.
"When the findings of a University investigation into Coach Moore’s behavior were presented on Wednesday, we immediately terminated his employment. There is absolutely no tolerance for this conduct at the University of Michigan. None," University President Domenico Grasso said in a statement released Thursday. "All of the facts here must be known, so the University’s investigation will continue."
Related video: Michigan urgently working to find next head coach following Sherrone Moore firing
Gordon says the relationship will be examined, and if there are any claims of harassment or stalking, the workplace dynamic also makes things trickier.
“It’s bad enough to have a sexual relationship with someone at work, but when it's a subordinate who reports directly to you, that’s very dicey territory,” Gordon said. “If the other individual involved, the woman involved, takes the position there was some type of coercion by a higher level individual at the university, that can be a legal (case) for sure.”
Gordon went on to describe the law and requirements in further detail.
“Generally, the law is that if it’s a coworker at your level that sexually harasses you or stalks you, you need to give your employer notice. You need to have your employer be aware and then the employer is expected to act accordingly and make sure this never happens again," Gordon explained. "But, once your boss or whoever the individual is in the relationship is high up enough, that rule doesn’t apply and there can be automatic liability to the university, if there was actually stalking.”
