Lawyer assertions defend physician accused of mistreating Indiana University athletes, claiming actions were not executed in malicious intent.
New Perspective on an Old Scandal: Jones Day Report on Dr. Bomba's Exam Practices
A stir has been caused by the findings of an independent investigation conducted by Jones Day law firm, hired by Indiana University. The report centers around allegations against former basketball team doctor, Bradford Bomba Sr., regarding the performance of invasive rectal exams on numerous college-age athletes during routine physicals.
Although Jones Day experts confirmed that Bomba's methods of conducting these exams were "professional and clinical," they also pointed out that it was "uncommon" for such exams to be performed on these athletes without explicit history of complaints.
The report states that there was no evidence to suggest that Bomba had any sexual motives or derived sexual gratification from these digital rectal exams (DREs).
The controversy unfolded when Haris Mujezinovic, a former player, sent a letter to the school accusing Bomba of performing unnecessary DREs on healthy athletes with school officials doing nothing to stop him. Mujezinovic, one of the five former Indiana players suing the university trustees and former athletic trainer Tim Garl, felt the report didn't provide sufficient answers.
Attorneys from Team Mujezinovic argue that the Jones Day report, while exonerating Tim Garl in certain aspects, does confirm a prolonged pattern of abuse by Dr. Bomba, Sr. towards IU student athletes. They assert that the report's findings don't fully address the necessity or appropriateness of these exams along with the question of whether university officials ignored adequate warnings about Bomba's behavior.
Delaney, the attorney representing the alleged victims, notes that the Jones Day investigators did not interrogate Bomba and that he invoked his Fifth Amendment right against self-incrimination during a deposition for the lawsuit last December.
Although the report cleared Garl of any wrongdoing, his lawyer Christopher Lee mentioned that they have filed a motion to dismiss the lawsuit against him. The university has stated that the review by Jones Day was completely independent and followed the evidence.
The legal proceedings are ongoing as the alleged victims press forward in seeking justice, while Dr. Bomba has provided medical care to all sports teams since 1962 and was responsible for the men's basketball team physician from 1979 to the late 1990s. Interestingly, these lawsuits have been filed under Title IX, a federal law that requires universities and colleges, receiving federal funds, to ensure protection from sex discrimination and sexual harassment.
[1] Jones Day Report, "Findings Regarding Allegations of Invasive Exams Performed by Dr. Bradford Bomba, Sr."[2] Delaney, Kathleen, email to NBC News, February 25, 2023.[3] DeLaney, Kathleen, Matthew Gutwein, and Alexander Pantos, Attorneys at Law, Statement for the Press, February 23, 2023.[4] "Former Indiana University basketball players sue university over alleged sexual abuse", Associated Press, February 22, 2023.
- The Jones Day Report has suggested that while Dr. Bomba's methods were professional and clinical, it was uncommon for invasive rectal exams to be performed on college-age athletes without explicit history of complaints.
- The report also stated that there was no evidence to suggest that Bomba had any sexual motives or derived sexual gratification from these digital rectal exams.
- However, attorneys from Team Mujezinovic argue that the report confirms a prolonged pattern of abuse by Dr. Bomba towards IU student athletes and raises questions about the necessity and appropriateness of these exams, as well as whether university officials ignored adequate warnings about Bomba's behavior.
- Delaney, the attorney representing the alleged victims, noted that the Jones Day investigators did not interrogate Bomba and that he invoked his Fifth Amendment right against self-incrimination during a deposition for the lawsuit last December.
- These lawsuits against Indiana University have been filed under Title IX, a federal law that requires universities and colleges, receiving federal funds, to ensure protection from sex discrimination and sexual harassment in health and wellness, science, medical-conditions, sports, and other aspects.
