University of Kansas Massage Therapist Scandal: Sexual Abuse Allegations and Institutional Failures

The University of Kansas (KU) is facing a troubling situation involving allegations of sexual abuse by a massage therapist in Kansas who worked with female athletes. This case highlights the importance of institutional vigilance and proper reporting procedures in protecting student-athletes from potential abuse.

The Allegations and Investigation

At least six female athletes at KU reported experiencing unwanted touching from massage therapist Shawn O'Brien, who was recently charged with a child sex crime. The university launched an internal investigation after O'Brien was charged with indecent liberties with a child under 14, an incident that allegedly occurred in 2013. O'Brien had been providing massage services to KU's women's sports teams since 2015, including basketball, tennis, softball, and soccer. The university terminated his contracts upon learning of the sex-crime charge.

Institutional Failures

The investigation revealed a significant lapse in KU's reporting system:

• An athletic trainer was aware of "unwarranted and unwanted touching" by O'Brien but failed to report it as required by university policy
• KU acknowledged that its "numerous protocols" for reporting inappropriate behavior were not followed in this case

Broader Implications

This case is not isolated, as other universities have faced similar scandals:

• Michigan State University: A doctor working with USA Gymnastics admitted to sexually assaulting female patients for decades
• Ohio State University: A physician sexually abused male student-athletes

These incidents underscore the need for robust reporting systems and vigilant oversight in university athletic programs.

KU's Response and Next Steps

The university has taken several steps in response to the scandal:

• Interviewed nearly 40 student-athletes and seven staff members
• Filed Clery Act reports for all allegations of unwanted touching
• Committed to strengthening education efforts for staff and student-athletes on mandatory reporting

KU is urging anyone with information about O'Brien to contact its Office of Institutional Opportunity & Access or KU Public Safety.

Legal Implications

Cases like this often lead to significant legal consequences for both the perpetrator and the institution. Universities may face lawsuits for negligence in protecting students and failing to properly respond to abuse allegations.

Attorney Commentary

Reed Martens, Esq., a sexual abuse attorney at Abuse Guardians, comments on the case:

"The allegations at the University of Kansas are deeply troubling and highlight the critical importance of proper oversight and reporting mechanisms in educational institutions. The failure of an athletic trainer to report known inappropriate conduct is particularly concerning, as it potentially allowed the abuse to continue unchecked.

Universities have a legal and moral obligation to protect their students. In cases like this, the institution may face liability for negligent hiring, supervision, or retention of staff. The victims may have grounds for civil lawsuits against both the alleged perpetrator and the university.It's crucial for any victims or witnesses of abuse to come forward and seek legal counsel. The legal system can provide a path to justice and help prevent future incidents by holding responsible parties accountable."

Source:

https://www.kcur.org/education/2020-03-24/ku-investigation-6-female-athletes-say-they-were-inappropriately-touched-by-massage-therapist#stream/0