"The university is reviewing whether anyone had reason to believe that Hufnagel was in violation of the campus’s sexual harassment policy prior to July 5," a Cal Athletics spokesman said. "Coach Martin is included among this group of people, but is not a target of an investigation."
READ MORE: Cal Releases Hufnagel Report
In the report filed by the Office for the Prevention of Harassment and Discrimination, Witness 1, who has been revealed to be Cal head coach Cuonzo Martin, stated that he received a phone call from the Complainant, a female reporter who covered the team, and alleged repeated inappropriate conduct by Hufnagel via text message, and provided screenshots of those text messages to investigators, in the middle of May, 2015.
That conversation, according to Martin's statement:
Witness 1 said he had a brief discussion with Complainant during the telephone call; but he denied that she provided any details or described anything as constituting sexual harassment. Witness 1 recalled Complainant telling him that she went to Respondent’s house, she drove Respondent home, and Respondent only had two drinks. Witness 1 said Complainant did not elaborate further. Witness 1 recalled asking Complainant if she felt mistreated. Witness 1 said he did not recall Complainant asserting that she did feel mistreated and he told Complainant, “I’ll have [Respondent] call you.” Witness 1 said that Complainant never indicated that a call from Respondent to address her concerns would not be welcome. Witness 1 recalled telling Complainant, “Proceed how you need to proceed,” and left it at that. Witness 1 said he followed up with Respondent to see if he had called Complainant. Witness 1 recalled that Respondent told him he had left Complainant a message.
Martin recalled that his last communication with the complainant was by email, in which he asked her, "How do you want me to proceed?" and the Complainant never responded. He then said that he did not have any further conversations with the Respondent (Hufnagel) or the Athletic Department staff about the matter.
READ MORE: Cal Begins Hufnagel Termination Proceedings
The Complainant states that the call occurred on May 23, 2015, at which time she claims she told Martin that she “experienced sexual harassment from [Hufnagel].”
Martin, in the report, is said to have "cut [Complainant] off and said, “I’m so angry.”"
"Complainant recalled Witness 1 responding to Complainant’s report stating, “I take this very seriously,” and asserted his intention to “talk to [Respondent] right away.” Complainant said that Witness 1 instructed Complainant, “Follow-up with me in a couple of days.” Complainant said she did not have the opportunity to detail the information to Witness 1 at that time." -- Page 5
The Complainant recalled sending a follow-up message to Martin on May 25, to which Martin replied that he and Hufnagel were "meeting in the morning."
"Complainant characterized her attempts to follow up with Witness 1 regarding her initial report as unsuccessful. Complainant said that on May 26, 2015, she received a text from Respondent via Twitter stating, “I need to call you. What is your phone number?” Complainant said, “[Respondent] tried to take advantage of the power imbalance.” Complainant recalled that she told Witness 1 about the contact from Respondent and asked him if she should talk to Respondent. Complainant said, in response, Witness 1 said, “That’s totally your choice.”
Complainant said that on July 5, 2015, she contacted Witness 1 and asked for his email address." -- Page 5
On July 7, an Associated Athletic Director at UC Berkeley contacted the OPHD to report a potential sexual harassment of the Complainant, by forwarding an email which the Complainant originally sent to "a head Varsity Athletics Coach," on July 6, 2015, detailing an incident in the parking garage of Hufnagel's apartment, where he propositioned the Complainant, and allegedly detained her by refusing to open the garage door.
Again: Martin denied that the complainant "provided any details or described anything as constituting sexual harassment," during the initial phone call on May 23 of 2015. The email from July 6 (sent July 5 to Martin, and then forwarded on to the Associate Athletic Director, presumably by Martin on July 7) details the events of the night of Jan. 24, 2015. The Complainant starts the email by saying: "I wanted to continue our dialogue in regard to [Respondent]. I only briefly touched upon the extent of his harassment of me in our two conversations ... I should have been clear at the time ... this was not an isolated incident. Conversely, [Respondent]’s harassment of me spanned a period of months, since last October, until about a month and a half ago, when we first spoke about it."
The email then goes on to recount the events of the night the Complainant met Hufnagel at Jupiter, a bar on Shattuck Ave., following the Cal-Arizona basketball game.
The latest statement form Cal Athletics continues:
"The initial focus of the Title IX investigation was on the complainant’s allegations of sexual harassment itself. Once the investigation substantiated that claim, a review process, which is underway, was begun to determine whether all mandated reporters acted within policy. This is a routine procedure, and is consistent with best practices.
"Regarding his contract, discussions with Coach Martin and his agent are continuing. We have a legally binding document from which we have been operating."