Santa Fe New Mexican

Mavs owner donates $10M after probe

- By Schuyler Dixon

DALLAS — Dallas Mavericks owner Mark Cuban has agreed to contribute $10 million to help further the cause of women in sports and raise awareness about domestic violence after an investigat­ion released Wednesday substantia­ted numerous incidents of sexual harassment and improper workplace conduct within the franchise going back more than 20 years.

Investigat­ors hired by the outspoken billionair­e said there was no evidence to show Cuban knew of the most explosive allegation­s involving former team president Terdema Ussery. But the report faulted Cuban for not firing two employees when there were clear signs he should have.

The report was made public some seven months after Sports Illustrate­d detailed years of examples of a hostile workplace for women on the business side of the team.

Anne Milgram, one of the lead investigat­ors and former attorney general in New Jersey, said Cuban didn’t know many details of allegation­s because he was rarely in the club’s business office. It is housed away from the home arena and basketball operations.

But when some issues were brought to Cuban’s attention, he erred by not acting swiftly, the report said.

In one case, a successful ticket salesman wasn’t fired after surveillan­ce video showed a used condom slipping out of his pants. Years earlier, Cuban had been told pornograph­y was found on the employee’s computer, and Cuban warned him that he would be fired it happened again.

When told about the condom, Cuban was not aware of any further issues with pornograph­y on the computer and wrote to Ussery, “Don’t make a bigger issue out of it than it is.” The employee wasn’t fired until three years later after other issues came up, including with a new female employee.

In another case, Cuban didn’t fire team website reporter Earl Sneed after learning of a second domestic violence allegation against him. The accuser was another Mavericks employee. Sneed was fired after the SI report.

“Once those decisions came to him, we found that it was incumbent upon him to get the full informatio­n in every decision he made and to get accurate picture of people’s conduct and their misconduct,” Milgram said. “It comes back to the question of you can’t be half in and half out on disciplina­ry decisions.”

Cuban declined to comment after the release of the reports. The findings were presented at a news conference with Milgram and Mavericks CEO Cynthia Marshall, who was hired by Cuban within days of the SI report. Marshall made a statement but didn’t take questions.

The NBA said it is requiring the Mavericks to submit quarterly reports on implementi­ng the recommenda­tions in the report. Under Marshall, the Mavericks have already done many of them, including hiring women and minorities in leadership positions, establishi­ng formal reporting and investigat­ive protocols for misconduct allegation­s and adding anonymous employee surveys on workplace culture.

“The findings of the independen­t investigat­ion are disturbing and heartbreak­ing and no employee in the NBA, or any workplace for that matter, should be subject to the type of working environmen­t described in the report,” Commission­er Adam Silver said. “We appreciate that Mark Cuban reacted swiftly, thoroughly and transparen­tly to the allegation­s first set forth in Sports Illustrate­d.”

The investigat­ive report detailed cases of 15 women who alleged various forms of harassment by Ussery, including inappropri­ate comments, unwanted touching and forcible kissing. Ussery acknowledg­ed some parts of the accounts but denied the more serious claims. Ussery’s denials lacked credibilit­y, according to the report.

The NBA largely deferred to the investigat­ion, which included interviews with 215 current and former Mavericks employees and the review of 1.6 million documents.

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Mark Cuban

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