ASU RIFT SHOWN
2019 memo focused on claims against booster
Arizona State men’s basketball coach Bobby Hurley last December sent a blistering email to Athletics Director Ray Anderson, accusing his boss of minimizing allegations that a prominent booster had sexually harassed “multiple wives” of ASU employees.
In his Dec. 8, 2019 memo to Anderson, Hurley wrote from his ASU email account that the athletics director had “disregarded the safety and shown no sensitivity towards the women that have experienced sexual assault. You have chosen to create your own numeric scale on what sexual assault mean which is disturbing.”
Hurley also asked Anderson if he would respond the same way had Anderson’s wife been among the women alleging that they had been harassed by booster Bart Wear, an alumnus and significant donor to athletic teams. The email was copied to ASU President Michael Crow and Barry Mitchell, an attorney for Hurley.
In a response to Hurley’s email sent the same day, Anderson said the coach was making “false and baseless allegations,” calling his approach “puzzling.” Anderson also told Hurley he would no longer speak to him about the sexual harassment allegations. Anderson also said “you and I will now limit our engagement to the men’s basketball program.”
The emails and other records released to The Arizona Republic under the state’s Public Records Law provide additional details about allegations that have engulfed ASU’s surging basketball program and revealed a schism between Anderson and the popular Hurley, who is 93-69 in five seasons at ASU.
Hurley, through his attorney, and Anderson, reached Wednesday by the Republic, declined to comment.
‘We’ve moved forward’
In a $1.5 million notice of claim filed against ASU in February, David Cohen, a former senior associate athletics director who oversaw the men’s basketball program, alleges Anderson repeatedly ignored reports that Wear sexually harassed the three women at athlet
ics events.
Cohen claims his wife, Kathy, was one of the women harassed by Wear.
In the emails released by ASU, as well as a previous copy of Cohen’s claim, the names of other women allegedly harassed had been redacted. The Republic is not identifying those women because they have not spoken publicly about the allegations.
Cohen claims that on March 14, 2019, at the Pac-12 men’s tournament in Las Vegas, his wife was trying to pass by Wear in the aisle during an ASU basketball game. Wear put his hands on her waist, moved them up to the sides of her breasts and said, “Dave is lucky to have you.”
Cohen’s claim says two other women also reported inappropriate behavior, including Wear rubbing a woman’s back and asking her inappropriate questions and putting his hand on another woman’s leg.
Cohen’s claim states Anderson and at least three other ASU officials and a member of the Arizona Board of Regents were informed of the donor’s harassment repeatedly from March to August 2019. But the university didn’t investigate until August 16, right after Cohen had been put on administrative leave. He was fired in December.
Records released Wednesday show ASU gave David Cohen a 3% raise on July 1, 2019, lifting his annual pay to $191,228. ASU also gave Cohen a $95,000 bonus four days later.
ASU spokeswoman Katie Paquet on Wednesday issued a statement, but declined to specifically answer several questions from The Republic.
“The investigation into allegations of sexual harassment has concluded. We’ve moved forward and are looking forward to a very successful men’s basketball season under the leadership of Coach Bobby Hurley and Athletic Director Ray Anderson. Mr. Anderson is still supervising Coach Hurley. ASU has taken steps to remind those involved of ASU policy,” she wrote.
‘Extortion scheme’
Wear who has denied all the allegations, said in a statement to The Republic on Wednesday, “This is an extortion scheme by Mr. Cohen against ASU, using me as foil.”
Wear has filed a $5 million claim against the university, accusing ASU of damaging his reputation and making false statements about him after he was accused of sexually harassing the women and was the subject of a university investigation last year.
Claims made by Cohen and Wear are still pending, according to ASU.
Wear, an investor and philanthropist, on Wednesday reiterated his innocence and said he has donated more than $400,000 to ASU athletics. He also said the investigation was a “hatchet job” against him, and ASU investigators declined to look at evidence that would exonerate him.
Wear said he provided ASU with a video from the game, where he was accused of misconduct, to prove nothing happened. He added that ASU also did not interview others at the game to corroborate his innocence.
“It never happened,” Wear said. “This is gross negligence on their part.”
He said the negative publicity has harmed his business and forced him to resign from charitable organizations.
Wear said he had a history of giving extra support to the program, noting that ASU asked him in January 2019 to pay for senior forward Zylan Cheatham to fly on a private jet so the student-athlete could attend his brother’s funeral and make it to a game in Palo Alto, California against Stanford.
And, he said when ASU was hiring Hurley, Wear paid for the Hurleys to fly to Arizona at the request of ASU’s athletic department.
“Everything I did was to help Bobby Hurley and the basketball program, which reflected well on Mr. Cohen to get him bonuses to make more money,” Wear said.
‘This is how we operate?’
Hurley’s email to Anderson on Dec. 8, 2019, was sent the day after ASU had beaten Louisiana 77-65 at Desert Financial Arena.
Wear had attended that game, even though his attorney on Nov. 21, 2019, had told ASU in a letter that Wear no longer would have any interaction with the basketball program and would resign from the Sun Devil Club board of directors, according to a copy of the attorney’s letter released to The Republic.
The subject line of Hurley’s email: “This is how we operate?”
Hurley’s email to Anderson notes Wear’s ticket location gave him a “highly visible presence” at the prior night’s game. The coach was upset, alleging that Anderson “had prior knowledge that he was going to be in attendance and that was very disappointing.”
Hurley writes that Anderson had assured him Wear no longer would be around the men’s basketball program.
“This was very misleading and I feel I have been lied to,” Hurley wrote.
Hurley goes on to express concern for female student-athletes, players’ girlfriends and families, and “any other females associated with our program.” He also questions the “extraordinary access” given to the donor.
Hurley, at the end of the email, said one of the women involved in the situation “decided to spend halftime by the locker rooms where there was a security presence and felt safe.”
Anderson responded by telling Hurley “this matter should now be firmly put in the hands of the lawyers.”
In a letter dated two days later, ASU said Wear’s season tickets had been canceled.