Chris Doyle Request For Summary Judgment

Case 4:20-cv-00366-SMR-HCA Document 146-2 Filed 09/12/22 Page 1 of 533
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF IOWA
CENTRAL DIVISION
AKRUM WADLEY; JONATHAN PARKER; Case No. 4:20-cv-366

MARCEL JOLY; AARON MENDS; DARIAN
COOPER; BRANDON SIMON; and JAVON
FOY,
Plaintiffs,
APPENDIX IN SUPPORT OF
vs. CHRISTOPHER DOYLE’S MOTION FOR
SUMMARY JUDGMENT
UNIVERSITY OF IOWA, BOARD OF
REGENTS FOR THE STATE OF IOWA;
BRIAN FERENTZ; and CHRISTOPHER
DOYLE
Defendants.
TABLE OF CONTENTS
Declarations
Cindy Seyfer, 07/27/2022 ............................................................................................................4
Darian Cooper Financial Aid documents .........................................................................7
Marcel Joly Financial Aid documents ........................................................................... 22
Aaron Mends Financial Aid documents ........................................................................ 40
Jonathan Parker Financial Aid documents ..................................................................... 59
Brandon Simon Financial Aid documents ..................................................................... 72
Akrum Wadley Financial Aid documents...................................................................... 80
Raimond Braithwaite, 07/29/2022 ............................................................................................. 93
James Frazier, 08/01/2022 ......................................................................................................... 97
Phil Parker, 08/01/2022 ............................................................................................................. 99
1
Joel Welsh, 08/08/2022.............................................................................................................. 103
Kammy Powell, 08/09/2022 ...................................................................................................... 107
Marshal Yanda, 08/09/2022 ....................................................................................................... 110
Jamie Wynn, 08/13/2022 .......................................................................................................... 113
Russell Haynes, 08/15/2022....................................................................................................... 115
Austin Kelly, 08/15/2022 ........................................................................................................... 117
Tristan Wirfs, 08/26/2022 .......................................................................................................... 120
Christopher Doyle, 09/08/2022.................................................................................................. 123
Depositions
Aaron Mends, 03/22/2022 ......................................................................................................... 134
Darian Cooper, 03/23/2022........................................................................................................ 217
Jonathan Parker, 03/29/2022...................................................................................................... 255
Akrum Wadley, 05/18/2022....................................................................................................... 312
Marcel Joly, 05/19/2022 ............................................................................................................ 374
Brandon Simon, 06/02/2022 ...................................................................................................... 399
Javon Foy, 06/21/2022 ............................................................................................................... 425
Other Materials
Doyle-Mends text message forwarded to Kirk Ferentz, 06/14/2019 ......................................... 443
Resume Materials....................................................................................................................... 444
University of Iowa Human Rights Policies ............................................................................... 479
University of Iowa Nondiscrimination Policies......................................................................... 488
University of Iowa Complaints of Discrimination Policy ......................................................... 490
University of Iowa Anti-Harassment Policies ........................................................................... 491
2
Respectfully submitted,
THOMAS J. MILLER
Attorney General of Iowa
/s/ Jeffrey S. Thompson ______

JEFFREY S. THOMPSON
Solicitor General
/s/ Jeffrey C. Peterzalek

JEFFREY C. PETERZALEK
/s/ Christopher J. Deist___________
CHRISTOPHER J. DEIST
Assistant Attorneys General
Department of Justice-Special Litigation
Hoover State Office Building
Des Moines, Iowa 50319
(515) 281-4419/4213
jeffrey.thompson@ag.iowa.gov
jeffrey.peterzalek@ag.iowa.gov
christopher.deist@ag.iowa.gov
ATTORNEYS FOR DEFENDANTS
PROOF OF SERVICE
The undersigned certifies that the foregoing instrument was served
upon each of the persons identified as receiving a copy by delivery in the
following manner on September 12, 2022:
U.S. Mail FAX

Hand Delivery Overnight Courier
Federal Express Other
CM/ECF
Signature: /s/ Audra Jobst
3

CENTRAL DIVISION
AKRUM WADLEY; JONATHAN Case No. 4:20-cv-00366

PARKER; MARCEL JOLY; AARON
MENDS; DARIAN COOPER; BRANDON
SIMON; JAVON FOY,
Plaintiffs, AFFIDAVIT OF CINDY SEYFER
IN SUPPORT OF MOTION FOR

SUMMARY JUDGMENT REGARDING
vs.
SECTION 1981 CLAIMS
UNIVERSITY OF IOWA, BOARD OF

DOYLE,
Defendants.
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON )
I, Cindy Seyfer, sworn upon oath, depose and state that I have personal knowledge of the
facts stated in this affidavit, and some of the information has been gathered from the records
of the University:
1. I am the Assistant Provost for Enrollment Management and Director of Financial
Aid at the University of Iowa.
Doyle Appx. 4
2. Mark Warner was the Assistant Provost for Enrollment Management and Director
of Student Financial Aid from January 1988 through June 2, 2017. Kathy Bialk
served in this position from September l, 2017 through October 19, 2019.
3. The University oflowa provided athletic scholarships to Darian Cooper, Aaron
Mends, Brandon Simon, Jonathan Parker, Marcel Joly, and Akrum Wadley.
4. Cooper's financial aid contracts with the University for 2011 through the spring of
2016 are attached as State 781-795.
5. Mends' financial aid contracts with the University for 2014 through the fall semester
of 2018 are attached as State 853-871.
6. Simon's financial aid contracts with the University of Iowa are attached as State 885-
92.
7. Parker's financial aid contracts with the University, which are attached as State 872-
84.
8. Joly's financial aid contract with the University of Iowa is attached as State 828-845.
9. Wadley's financial aid contracts with the University are attached as State 905-17.
10. To the best of my lmowledge and according to the records of the University of Iowa,
the University fully complied with the terms of the signed agreements and furnished
the financial aid promised under those financial aid contracts.
11. Football coaches such as Chris Doyle, Seth Wallace, or Brian Ferentz did not have
the authority to adjust, revoke, cancel, or modify the terms of the financial aid
contracts issued to the six students identified above.
12. Chris Doyle, Seth Wallace, or Brian Ferentz did not adjust, revoke, cancel or modify
the terms of the financial aid contracts with any of the six students identified above.
Doyle Appx. 5
Affiant says nothing further.
Dated: July 21 , 2022

Subscribed and sworn to before me by Cindy Seyfer on this~ day of July, 2022.
NOTARY PUBLIC, STATE OF IOWA
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NLI Student Report
University of Iowa
NCAA ID Name Signing NLI Institution Sport Release Status Signing Year Uploaded NLI and
Date Status Aid
0911659910 COOPER, DARIAN 02/02/2011 VALID University of Iowa Football 2011-2012 No
RECORDS FOUND: 1
Print Date: 05/24/2021 Printed By: University of Iowa Page 1 of 1
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CENTRAL DIVISION

SIMON; and JA VON FOY,
Plaintiffs,
DECLARATION OF
vs. RAIMOND BRAITHWAITE
UNIVERSITY OF IOWA, BOARD OF SUMMARY JUDGMENT
DOYLE.
Defendants.
I, Raimond Braithwaite, declare as follows:
1. I am the Director of the Strength and Conditioning Staff of the University of Iowa
Football program.
2. I am 44 years old and reside in Iowa City, Iowa, with my wife, and we have four
children.
3. I first worked with the Iowa Football staff in 2002-2004 after being hired as an
assistant strength and conditioning coach by Chris Doyle. In 2005, I became Head Strength and
Conditioning Coach at Delaware State University and remained from 2005-2007. Delaware State
is a Historically Black University ("HBU"). I returned to Iowa in 2008 to work with Chris Doyle
as Assistant Director of the Strength and Conditioning Staff. I held that position until 2020, when
I was named interim Director, and I became Director in March 2021.
Doyle Appx. 93
4. I worked on the Iowa Football Program staff with Coach Chris Doyle initially for
about three years, left for three years, and worked with him again for about 13 years.
5. Coach Chris Doyle was my direct supervisor, and I would work with him every
workday while we were both members of the Iowa Football Program staff. I consider him a very
close friend, mentor, and the person who has had the greatest influence on my career.
6. When I first came to Iowa City, I lived with Coach Doyle and his family for a time
before I got my own place.
7. I have known Coach Brian Ferentz since 2002, when he played football for Iowa,
and I have worked with him on the Iowa Football Program staff for 11 years since he joined in
2012.
8. I have worked with Coach Seth Wallace on the Iowa Football staff for nine years.
Seth Wallace is currently the linebackers Coach and Assistant Defensive Coordinator.
9. I worked with Coaches Brian Ferentz and Seth Wallace during their years on the
Iowa Football Program staff, and I would see them usually each day during the football season and
when the players trained and practiced.
10. In the twenty years I have known Chris Doyle, a person's race has never been an
issue with him. I have observed Chris Doyle working with many hundreds of student athletes and
have never heard him use a racial epithet, or any racially insensitive language. At no time has any
African-=Arnerican student athlete ever complained or commented to me that Chris Doyle acted
in any discriminatory manner. I would never accept any racist or discriminatory behavior on the
part of Chris Doyle or any other co-worker.
Doyle Appx. 94
11. I have not heard or read any racial slur, racial name, racial epithet, racial
discrimination or racial harassment from Chris Doyle, Seth Wallace, or Brian Ferentz during the
time I have served on the Iowa Football Program staff.
12. I am African-American.
13. I am familiar with all of the plaintiffs in this lawsuit. Both Chris Doyle and I worked
with these persons on a year around basis while they were at the University. I have never seen or
heard Chris Doyle engage in any of the negative racially charged behavior alleged. I am advised
that I am listed as either a witness to Chris Doyle treating Brandon Simon in a racially
discriminatory manner and harassing Brandon Simon or that Brandon Simon told me of such
treatment. I have never seen Chris Doyle treat Brandon Simon in a racially discriminatory or
harassing manner. I was never told of such treatment by Brandon Simon. I said nothing to
Brandon Simon in response to any such report because Brandon Simon did not make any such
report to me.
14. I am advised of an allegation that Coach Chris Doyle once called Michael Ojemudia
a monkey and that I allegedly overheard the statement. I heard no such statement from Coach
Doyle directed to or about Michael Ojemudia.
15. I am advised of an allegation by Marcel Joly that Coach Chris Doyle ridiculed or
said things about Marcel Joly's jewelry or fraternity bracelet in my presence. I did not hear or
observe Coach Chris Doyle speak to Marcel Joly about his jewelry or fraternity bracelet. Certain
types of jewelry were not permitted in the weight room for safety reasons and players were
instructed by the strength and conditioning staff, including Coach Doyle, to remove their jewelry
before entering the weight room.
Doyle Appx. 95
16. Akrum Wadley, Jonathan Parker, Marcel Joly, Aaron Mends, Darian Cooper,
Brandon Simon, or Javon Foy never complained to or told me of any racial discrimination or
harassment towards them by any member or coach on the Iowa Football staff during the time they
participated in the Iowa Football program.
17. Chris Doyle has, for decades, been a mentor and positive influence on student
athletes of all races and backgrounds.
18. In addition to his positive influence on young men in the football program, Chris
Doyle has been a mentor and strong supporter of other African-American strength and
conditioning coaches around the country and has been an instrumental influence on those coaches
both personally and professionally.
19. I certify under penalty of perjury and under the laws of the United States that the
preceding is true and correct.
Executed this :J.'f'ih day of \July '2022.
~~
RAIMOND BRAITHWAITE
Doyle Appx. 96

CENTRAL DIVISION

SIMON; and JAVON FOY,
Plaintiffs,
vs. DECLARATION OF JAMES FRAZIER

DOYLE.
Defendants.
I, James Frazier, declare as follows:
1. I am 37 years old, am married and have three children.
2. I am currently the Director of Strength and Conditioning at Harvard University
and have held that position since 2009.
3. I grew up in south Chicago, attended a predominantly black high school and after
high school went to Brown University where I graduated in 2006.
4. After college I served a brief internship with the NBA Chicago Bulls.
5. In 2007 I was hired by Chris Doyle, and I began working with Chris Doyle at the
University of Iowa as an Assistant Strength and Conditioning Coach.
6. Upon moving to Iowa City, I was welcomed into Chris Doyle’s family and
resided with his family until I was able to move into my own place.
Doyle Appx. 97
7. I have maintained contact with Chris Doyle since moving to Harvard and consider
him an instrumental mentor in my life.
8. In my 15 years of contact with Chris Doyle, including working with him on a
daily basis for two years at the University of Iowa, I have never seen or heard him engage in any
behavior that could be considered remotely discriminatory towards African Americans or anyone
else.
9. I am African American.
10. I have observed Chris Doyle work with numerous student athletes and have never
seen or heard Chris Doyle use a racial epithet, use racially insensitive language, or engage in any
sort of discriminatory behavior.
11. I have never seen or heard Chris Doyle treat people, including student athletes,
any differently because of their race.
12. I would never tolerate discriminatory behavior on the part of persons I work with
and if I would have ever observed Chris Doyle crossing the line into inappropriate behavior or
knew of Chris Doyle doing so, I would have dealt with it in the strongest manner.
Executed this 1st day of August , 2022.
1.
JAMES FRAZIER
Doyle Appx. 98

CENTRAL DIVISION

Plaintiffs,
vs. DECLARATION OF PHIL PARKER IN

SUPPORT OF MOTION FOR
DOYLE.
Defendants.
I, Phil Parker, declare as follows:
I. I am the Defensive Coordinator of the University oflowa Football program.
2. I am 59 years old and reside in Coralville, Iowa, with my wife, and we have two
children.
3. I graduated from Michigan State University in 1986 and coached at Toledo
University before joining the Iowa Football Program staff in 1999. I have worked on the Iowa
staff for 23 years.
4. I worked on the Iowa Football Program staff with Coach Chris Doyle for 21 years.
5. I have known Coach Brian Ferentz for 23 years and worked with him on the Iowa
Football Program staff for 10 years.
Doyle Appx. 99
6. I have worked with Seth Wallace for 3 years previously while he was a GA and
again for the past 8 years on the Iowa Football Program staff. Seth Wallace is currently the
Linebackers Coach and Assistant Defensive Coordinator.
7. I worked closely with all three coaches during their years on the Iowa Football
Program staff and I would see them and be in football practices with them on a daily basis during
the football season and when the players trained and practiced.
discrimination or racial harassment from any of Chris Doyle, Seth Wallace, or Brian Ferentz
during the time I have served on the Iowa Football Program staff.
9. I am advised that I am identified as a witness to an incident of Brian Ferentz
allegedly yelling and cursing at Akrum Wadley for parking his car near the football practice
facility . I observed no such incident and have not seen Brian Ferentz yell or curse at Akrum
Wadley for parking his car anywhere.
10. I am advised that I am identified as a witness to an incident where Brian Ferentz
allegedly asked Akrum Wadley if he were going to rob a liquor store or a gas station or words to
that effect. I observed no such incident and have not seen Brian Ferentz ask Akrum Wadley if he
were going to rob a liquor store or a gas station or words to that effect.
11 . I am advised that I am listed as either a witness to Chris Doyle treating Brandon
Simon in a racially discriminatory manner and harassing Brandon Simon or that Brandon Simon
told me of such treatment. I have not seen Chris Doyle treat Brandon Simon in a racially
discriminatory or harassing manner. I was not told of such treatment by Brandon Simon. I said
nothing to Brandon Simon in response to any such report because Brandon Simon did not make
any such report to me.
Doyle Appx. 100

12. I was at the football practice when Brian Ferentz kicked Jonathan Parker out of that
practice. I did not hear Brian Ferentz call Jonathan Parker a "Black dumbass."
13. I was at the football practice when Michael Ojemudia hit Matt Vandenberg hard. I
did not hear Brian Ferentz call Michael Ojemudia any racial name or racial slur. Brian Ferentz
spoke to me immediately after the hit about the type of hits by defensive players on offensive
players during practice.
14. Akrum Wadley, Jonathan Parker, Marcel Joly, Aaron Mends, Darian Cooper,
Brandon Simon, or Javon Foy have never complained to or told me of any racial discrimination or
harassment towards them by any member or coach on the Iowa Football Program staff during the
time they participated in the Iowa Football Program.
15 . I certify under penalty of perjury and under the laws of the United States that the
Executed this _ _/_S_J_ day of ~/J_tJ---+-f{_t/_tf~ __ ,2022.

ii
Doyle Appx. 101

Doyle Appx. 102


CENTRAL DIVISION

Plaintiffs,
vs. DECLARATION OF JOEL WELSH IN

DOYLE.
Defendants.
I, Joel Welsh, declare as follows:
1. I am 35 years old, am married and have three children.
2. I first met Chris Doyle when I interned with his program while attending graduate
school at Springfield College.
3. In April of 2012 Chris Doyle offered me a full-time position as an Assistant
Strength and Conditioning Coach at the University of Iowa.
4. When I first moved to Iowa City I lived with Chris Doyle and his family until I
could get settled into my own place.
5. I worked with Chris Doyle on a daily basis from 2012 until 2016.
6. In 2016 I was hired as the Director of Strength and Conditioning at Delaware State
University, a historically black college or university (HBCU).
Doyle Appx. 103

8. In May of 2019 I became the Director of Strength and Conditioning at Central
Michigan University where I continue to work today.
9. I have maintained vety regular contact with Chris Doyle since leaving the
University oflowa.
10. Chris Doyle has been and remains a father figure and mentor in my life. Chris Doyle
teaches young men, including myself, to be disciplined, accountable and professional in all aspects
of a person's life.
11. In the more than a decade I have known Chris Doyle; I have observed him working
with many hundreds of student athletes of different races and different backgrounds. I have never
heard him direct a racial epithet, racial slur, racially insensitive language, or anything else that
would be considered discriminatoty.
12. c I am familiar with all of the Plaintiffs in this matter except for JavonFoy and, along
with Chris Doyle, worked with them on a nearly daily basis and never heard or saw any of the
negative or racially charged behavior alleged. If anything of the sort had ever happened, it would
not have tolerated by me.
13. Because I worked with Chris Doyle and these student athletes, I take an accusation
of race discrimination against Chris Doyle also as an accusation against me. Nothing ever occurred
that was ever racially motivated or discriminatory.
14. No African American student athlete, including Plaintiffs, has ever complained to
me, or mentioned to me any discriminatory behavior on the part of Chris Doyle.
15. I am aware that PlaintiffDarian Cooper has alleged Chris Doyle used the "N" word
directed at Maurice Fleming. I personally witnessed a situation involving Maurice Fleming where
2
Doyle Appx. 104
Chris Doyle admonished Mr. Fleming for using that word and instructing Mr. Fleming very
strongly that the use of that word was unacceptable.
16. I am also aware that Plaintiff Akrum Wadley has attributed some discriminato1y
motive to attempts to have him keep weight on by drinking extra sport shakes. Maintaining an
appropriate weight at the Division I level of football in the Big Ten Conference is a serious matter
of safety for all student athletes. In Mr. Wadley's case I was one of the persons addressing his
body weight issues and I was the person giving him the shakes to drink. There was nothing in any
way discriminatory in the way Mr. Wadley was treated when it came to weight and consuming
extra calories to maintain a safe weight. Everyone was treated the same with respect to this safety
and performance issue.
17. I certify under penalty of pe1jury and under the laws of the United States that the
Executed this -~l?;:~-f'_(__ day of
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Doyle Appx. 105
Doyle Appx. 106


CENTRAL DIVISION
AK.RUM WADLEY; JONATHAN Case No. 4:20-cv-366

Plaintiffs,
vs. DECLARATION OF KAMMY POWELL

DOYLE.
Defendants.
I, Kammy Powell, declare as follows:
1. I served as the Head Athletic Trainer of the University of Iowa Football program
from 2018-2022, and I succeeded Russell Haynes in that position.
2. Before joining the Iowa Football Program staff, I held positions on the athletic
training staffs ofNorthem Illinois University (2004-08), including Head Football Athletic Trainer,
and the University of Minnesota (2013-17), including Head Football Athletic Trainer. I also have
worked as an Athletic Trainer in Grand Rapids, Michigan, beginning in 2001, and as a contract
Athletic Trainer with the U.S. Army.
3. I received my undergraduate degree from Aquinas College and a master's degree
in sport management from Northern Illinois University.
4. I reside in Iowa City, Iowa.
Doyle Appx. 107

5. I worked with the Iowa Football Program staff and coaches frequently and also met
regularly with the team physician, Dr. Brian Wolf, and other members of the University of Iowa
medical staff who treat athletes.
6. I worked on the Iowa Football Program staff with Coach Chris Doyle usually on a
daily basis from 2018-20.
7. I have worked with Coach Brian Ferentz on the Iowa Football Program staff from
2018-22.
8. I have worked with Coach Seth Wallace on the Iowa Football staff from 2018-22.
9. I worked with Coaches Chris Doyle, Brian Ferentz, and Seth Wallace during their
years on the Iowa Football Program staff. I would see them frequently during the football season
and when the players trained and practiced.
10. I had almost daily contact with Coach Chris Doyle because the strength and
conditioning room where he mostly worked is very close to the athletic training room where I
worked. Players would come to the training room if they were injured or ill, and often came
directly from the weight room.
discrimination, or racial harassment from any of Chris Doyle, Seth Wallace, or Brian Ferentz or
during the time I have served on the Iowa Football Program staff.
12. Akrum Wadley, Jonathan Parker, Marcel Joly, and Darian Cooper left the Iowa
Football program before I joined in 2018.
13. Aaron Mends, Brandon Simon, and Javon Foy were part of the Iowa Football
Program during some of the time I have worked on the staff. None of these former players have
Doyle Appx. 108

complained to or told me of any racial discrimination or harassment towards them by any member
or coach on the Iowa Football staff during the time they participated in the Iowa Football program.
14. In January 2020, I, other members of the Iowa Athletic Training staff, Dr. Kyle
Duchman, Dr. Brian Wolf, Dr. Andrew Peterson, Head Coach Kirk Ferentz and Head Strength and
Conditioning Coach Chris Doyle met to discuss injuries of players, including Javon Foy. Based
on the evaluations by the University of Iowa Hospitals and Clinics, including the professional
advice and opinion of Dr. Kyle Duchman, the Iowa Athletic Training staff recommended that
Javon Foy not be permitted to play or practice in the Iowa Football Program because of his hip
condition and injuries and the limitations those injuries would place on his practicing and playing
football. Brian Ferentz and Seth Wallace had no involvement in that recommendation or meeting.
Executed this °'\~ '2022.
Doyle Appx. 109


CENTRAL DIVISION

Plaintiffs,
vs. DECLARATION OF
MARSHAL YANDA IN SUPPORT
UNIVERSITY OF IOWA, BOARD OF OF MOTION FOR SUMMARY
REGENTS FOR THE STATE OF IOWA; JUDGMENT
DOYLE.
Defendants.
I, Marshal Yanda, declare as follows:
1. I am 37 years old.
2. I was in the University of Iowa Football program from January 2005 until March
2007.
3. In 2007, I was drafted by the Baltimore Raves NFL football team.
4. I played in Baltimore for 13 seasons before retiring in 2020.
5. During the time I played in the NFL, I returned to Iowa City during the off
seasons to work out in Chris Doyle’s strength and conditioning program.
6. I believe the University’s strength and conditioning program is unsurpassed and
gave me the needed edge to have a lengthy professional career.
7. Both while at the University of Iowa as a player and then for the many years after,
I worked alongside the Iowa student-athletes under the coaching of Chris Doyle.
Doyle Appx. 110

8. In working alongside the Iowa student-athletes, including the Plaintiffs in this
case, I never once observed Chris Doyle uttering a racial epithet or racially inappropriate
statement nor have I ever witnessed Chris Doyle treat any student-athlete negatively because of
their race. Chris Doyle worked towards making every student-athlete he worked with to be
successful especially in life after football.
9. Chris Doyle teaches all of the student-athletes he coaches to be disciplined and
accountable not just in football but even more so in life as an adult. He mentors the young men
he works with to be successful in football and in life. Chris Doyle has been one of the most
important people in my life both professionally and personally.
10. Chris Doyle demanded your best effort every day and pushed people hard to be
successful, but he has never crossed the line of treating people negatively or improperly because
of their race. He treated everyone the same.
11. If I had ever seen or heard Chris Doyle acting in a discriminatory manner or using
racially inappropriate language at any point over the years, it would have been noticed and not
something that would have been forgotten.
12. People often overlook that playing Division I football in the Big Ten Conference
is not easy. Playing in a developmental program like Iowa’s requires total effort every day and
doing everything, especially strength and conditioning work, correctly every day. Some athletes,
regardless of race, did not handle this environment well. But life after football can be even more
difficult, and those hard lessons taught by Chris Doyle were life lessons that translate to being a
productive member of your community, a successful career person, a better husband and father.
13. If in all the years I was coached by Chris Doyle, alongside hundreds of student-
athletes, discriminatory allegations such as those set out in this lawsuit had occurred, it would
Doyle Appx. 111

have not only been seen by me and others but would have been a huge deal both inside and
outside of the football program.
Executed this day of , 2022.
____________________________________
MARSHAL YANDA
Doyle Appx. 112


CENTRAL DIVISION

Plaintiffs,
vs. DECLARATION OF
JAMIE WYNN IN SUPPORT
DOYLE.
Defendants.
I, Jamie Wynn, declare as follows:
1. I am 38 years old. I am currently the Director of Olympic Sports for Southern
Methodist University and will soon be transferring to a similar position at the University of Nevada
Las Vegas.
2. I was a collegiate athlete at the University of Missouri. I first met Chris Doyle in
2011 when I was an intern at the University of Iowa.
3. My boss in my internship program in 2011 was not doing much to mentor me and
Chris Doyle took notice of that. Chris Doyle took me under his wing and began teaching and
mentoring me.
4. I am a black female who, because of Chris Doyle, works and succeeds in the white
male dominated area of athletic training and conditioning.
Doyle Appx. 113

5. Since 2011 Chris Doyle has been instrumental in my life and my career. He saw
the potential in me even before I saw it in myself. Chris Doyle had nothing at all to gain by helping
someone like me yet always helped to set me up for success and has been instrumental in my rise
towards the top of this profession. Chris Doyle continues to be a main influence in my life and my
career.
6. I have never heard Chris Doyle utter a racial epithet, use racially derogatory
language or treat persons differently because of their race. I could not have developed such a close
relationship with someone who treated people differently or negatively because of the color of
their skin.
7. Whether a student athlete, coworker or a student intern, Chris Doyle works to set
people up for success regardless of who they may be and regardless of the color of their skin.
Executed this 13 day of August , 2022.
____________________________________
JAMIE WYNN
Doyle Appx. 114

IN THE UNIIBD STAJES DISTRICT COURT

FOR THE SOUTHERN DIS TRICT OF IOWA
CENTRAL DIVISION
AKRUMWADLEY; JONATHAN PARKER; Case No. 4:20-cv-366

MARCEL JOLY; AARON MENDS; DARIAN
COOPER; BRANDON SIMON; and JAVON
FOY,
Plaintiffs,
vs. DECLARATION OF
RUSSELL HAYNES IN SUPPORT
DOYLE.
Defendants.
I, Russell Haynes declare as follows:

I. I served as fill Assistant Athletic Trainer (1987-2009) and as the Head Athletic Trainer
(2009-2018) of the University of Iowa Football program.
2. I graduated from the University of Iowa and began working on the athletic training
staff of the Iowa Football Program in 1987. I worked there for 38 years.
3. I retired in 2020 and reside in Iowa City, Iowa.
4. I worked with the Iowa Football Prograin staff and coaches frequently and also met
regularly with the teain physicians, Dr. Ned Amendola and Dr. Brian Wolf.
5. I worked on the Iowa Football Prograin staff with Coach Chris Doyle, usually on a
daily basis from 1999-2019.
6. I have known Coach Brian Ferentz from when he played football for Iowa, and I have
worked with him on the Iowa Football Program staff from 2012-18.
7. I have worked with Coach Seth Wallace on the Iowa Football staff from 2014-18.
8. I have continued to work with the Iowa Football Program as an Assistant Athletic
Trainer from 2018 - 2019, assisting the new head Athletic Trainer in transitioning into the
position. In 2020 I retired from full time employmen~ and I would have continued to work with
Coach Doyle up to 2020, as well as Brian Ferentz and Seth Wallace.
9. I worked with Coaches Chris Doyle, Brian Ferentz, and Seth Wallace during their
years on the Iowa Football Program staff and I would see them frequently during the football
season and when the players trained and practiced.
10. I had almost daily contact with Coach Chris Doyle because the weight room where he
mostly worked is very close to the athletic training room where I worked. Players would come
to the athletic training room if they were injured or ill.
11. I have never heard or read any racial slur, racial name, racial epithet, racial
discrimination or racial harassment from Chris Doyle, Seth Wallace, or Brian Ferentz or during
the time I have served on the Athletic Training staff covering the sport of football.
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Doyle Appx. 115

Page 1 ot 2
12. Akrum Wadley, Jonathan Parker, Marcel Joly, Aaron Mends, Darian Cooper, and
Brandon Simon have never complained to or told me of any racial discrimination or harassment
towards them by any member or coach on the Iowa Football staff during the time they
participated in the Iowa Football program. I did not know Javon Foy.
13. I am aware of student·athletes being removed on occasion from a segment of training

because of a team rule infraction. However, these situations typically involved being late, not
wearing the assigned workout clothing, or causing issues with the workout itself. These
situations arise on occasion with players regardless of race and all players are treated the san1e.
Executedthis _~/_S
__ day of f\tJol)6'/ , 2022.
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Doyle Appx. 116

Page2of2

CENTRAL DIVISION

Plaintiffs,
vs. DECLARATION OF AUSTIN KELLY IN

DOYLE.
Defendants.
I, Austin Kelly, declare as follows:
1. I am 24 years old and grew up in the Chicago area.
2. My undergraduate degree is from the University of Iowa. I graduated from the
University of Iowa College of Law in May 2022 and just recently took the bar examination.
3. I was a student-athlete on the University of Iowa football team during the years
2014 through 2018.
4. I came into the Iowa Football Program as a walk-on and eventually earned a
scholarship
5. Coach Chris Doyle was the person on the coaching staff I would have worked with
the most during my years in the football program and he changed my life in a positive way.
Doyle Appx. 117

6. As a fullback in the football program, I also was with Coach Brian Ferentz a
significant period of time as he was the offensive line coach and then offensive coordinator who
also coached my position.
7. Based upon my own knowledge and experience in the Iowa football program, I
have never observed or heard Chris Doyle or Brian Ferentz utter a racial epithet, use racially
insensitive language or treat a person more harshly or negatively because of their race.
9. In my experience Chris Doyle and Brian Ferentz treated all players similarly
regardless of their race.
10. Chris Doyle was a demanding coach who implemented accountability, discipline,
and hard work into the strength and conditioning program. However, those things that Chris Doyle
instilled in me have changed my life and made me a better student, a better person, and a better
husband, and have equipped me well for the challenges of life after football including my new
career as a lawyer.
11. In my experience, Chris Doyle coached people hard but it always came from the
place of wanting each player to be their best. Chris Doyle took interest in me and other student
athletes of all backgrounds and races as individuals not just a football player.
12. The type of football program Iowa had in general and more specifically in Chris
Doyle’s strength and conditioning program when I played was very demanding. It was not for
everyone but those who followed the program and bought into it were rewarded with life lessons
on being successful not only as a football player but also in life after football. Chris Doyle’s
strength and conditioning program and the life lessons from it were implemented the same with
all student athletes regardless of race.
Doyle Appx. 118

I certify under penalty of perjury and under the laws of the United States that the preceding is true
and correct.
Executed this 15th day of August , 2022.
____________________________________
AUSTIN KELLY
Doyle Appx. 119


CENTRAL DIVISION

Plaintiffs,
vs. DECLARATION OF TRISTAN WIRFS

DOYLE.
Defendants.
I, Tristan Wirfs, declare as follows:
1. I am 23 years old and grew up in Iowa attending Mount Vernon High School.
2. I attended the University of Iowa from 2017 to 2019 and played on the University
of Iowa Football Team.
3. In 2019 I was drafted in the first round of the NFL draft by the Tampa Bay
Buccaneers and continue to play professionally for that team.
4. During my time with the University of Iowa Football Team I had the most contact
with and worked most closely with Coach Chris Doyle and his strength and conditioning program.
5. During my time with the University of Iowa Football Program, several of the
Plaintiffs in this litigation were also involved in the football program.
6. During the time I was involved in the University of Iowa Football Program, I never
heard Coach Doyle utter a racial epithet, use racially derogatory or racially insensitive language
Doyle Appx. 120

or treat any player differently or more harshly because of their race. Based upon my personal
observations and experience, Coach Doyle treated all athletes similarly regardless of their race.
7. I identify as a biracial individual.
8. Coach Doyle held all athletes accountable and required your best effort every day.
The lessons Coach Doyle taught us relating to hard work, discipline and accountability were
instrumental in my success as a football player. I would not be where I am today professionally
without Coach Doyle.
9. More importantly, the coaching by Coach Doyle were really life lessons. Those
lessons of hard work, discipline and accountability translate to life outside of football. Those
lessons teach you to be a better person, a better member of your community and to deal with the
adversity everyone deals with in their lives. These lessons are important for people of all races and
student-athletes.
10. In my experience, Coach Doyle wants all of the student-athletes he works with,
regardless of race or background, to not only be the best version of yourself physically but to get
you to a point where you will be a great man, a great husband and father.
11. I could not have developed such a close relationship with Coach Doyle if I had ever
witnessed or suspected he could engage in behavior such as has been alleged. I would not tolerate
such behavior and if it had occurred it would have been dealt with immediately and strongly.
Again, I have never witnessed Coach Doyle engaging in any discriminatory behavior against
anyone.
Doyle Appx. 121

Executed this day of , 2022.
____________________________________
TRISTAN WIRFS
Doyle Appx. 122


CENTRAL DIVISION

Plaintiffs,
vs. DECLARATION OF CHRISTOPHER

DOYLE IN SUPPORT OF MOTION FOR
DOYLE.
Defendants.
I, Christopher Doyle, declare as follows:
1. I am 54 years old married, and my wife Tia and I have three sons. I currently reside
in Estero, Florida.
2. I graduated from Boston University in 1990 with a Bachelor of Science degree in
Human Movement. I received my master’s degree from Boston University in 1991, also in Human
Movement.
3. I have been involved in coaching student athletes since 1990. At the beginning of
my coaching career, I coached both football as well as strength and conditioning. Over the years I
have been a strength and conditioning coach for multiple men’s and women’s sport programs
including basketball, volleyball, hockey, wrestling and football.
Doyle Appx. 123

4. From 1999 to June of 2020, I was the Head Strength and Conditioning Coach and
the Executive Director of Football for the University of Iowa football program. My duties as Head
Strength and Conditioning Coach and the Executive Director of Football included:
• directing all aspects of athletic performance and player development;

• serving as director of nutrition, dietary analysis/individual consulting/all team meal
planning and menus;
• coordinating sports science analytics (GPS/Fatigue Science/Ithlete HRV/Force Plate
Analysis);
• coordinating team building and leadership development program;
• directing continuing education and internship programs;
• serving as a liaison to sports medicine, designing and coordinating return to play
protocols;
• serving on the University of Iowa Health Advisory Board.
• on-campus recruiting.
5. In those positions I supervised a staff of five and worked directly with
approximately 120 members of the football team.
6. In 2012 I received the certification of Master Strength and Conditioning Coach, the
highest honor that can be achieved in the strength and conditioning profession.
7. In 2016 I was elected to serve as a member of Collegiate Strength Conditioning
Coaches Association Board of Directors and was reelected for an additional three-year term in
2018 by my peers in the strength and conditioning field.
8. I have mentored more than eighty former interns and assistants, of many different
backgrounds and races, who have advanced in the strength and conditioning field, including forty
who have become head strength and conditioning coaches. Among the group of head strength
coaches are four African American professionals who now lead Division I programs.
9. In my career I have coached more than 2000 student athletes of many different
backgrounds and races. I would estimate I have coached more than 700 African American players
during my coaching career.
Doyle Appx. 124

10. Until the morning of June 5, 2020, there had never been a complaint made against
me that was in any way related to racial discrimination, racial slurs, or treating anyone differently
because of their race. In each of the 21 years employed at University of Iowa, I received
extraordinary performance evaluations in my human resources file and never received a negative
review of any kind.
11. In my career I have not used racial slurs, racial epithets or racially derogatory or
insensitive language.
12. I have never had the capacity or ability to make, enforce or interfere with any
educational contract any Plaintiff may have had with the University of Iowa.
13. Decisions related to playing time, discipline and team rules were made by the Head
Coach and/or position coaches, not by the strength and conditioning staff.
14. Some Plaintiffs in this lawsuit have complained about attaining target playing
weights assigned to them. A player’s optimal playing weight involves careful consideration and
analysis of 18 criteria. The areas of body composition, body frame, functional movement
screening, performance indicators, and injury history are carefully considered. Twenty-five years
of data collection and study have contributed to this process. The target weight is regularly adjusted
depending on many factors. Our goal was to maintain our players within a 5-pound window of
optimum bodyweight. This allowed the flexibility for normal everyday fluctuation. A primary
consideration of an optimal playing weight is safety of the athlete. In order to compete safely at
this level of football an athlete must be at a sufficient weight as well as having optimal strength
and conditioning in order to safely participate in Division I football. The tracking of bodyweight
is critical to ensure the athlete is participating safely. When athletes are out of range, we can adjust
training and nutrition to meet the needs of the athlete. The Sports Medicine staff is consulted, when
Doyle Appx. 125

necessary, i.e., post illness or post-surgery in order to plan a safe progression to optimal
bodyweight. All athletes were treated the same in these regards.
15. Some athletes, regardless of race, struggled with attaining their optimal target
weight. No players’ health or wellbeing was ever jeopardized while working with them in attaining
an optimal playing weight. Athletes who had difficulty either gaining or losing weight were
monitored more closely but, again, that was the same for everyone.
16. I am aware that in this lawsuit some players have made allegations relating to
jewelry or other items in the weight room. From a safety standpoint chains or other jewelry that
could get caught in equipment is a very big concern. All rules regarding jewelry and clothing in
the weight room were applied the same for everyone.
17. All team rules regarding attire, jewelry, social media use and the like were
established by the Head Coach. Assistant coaches like myself worked to enforce those rules. All
team rules were applied too everyone the same.
18. Three things I try to instill in every student athlete is discipline, hard work and
accountability. I treat every athlete as I would my own son. If a student athlete, regardless of race,
is not on time for a training session or was not wearing the appropriate training attire they are
asked to leave that session and can then join back in the next session. If a student athlete, regardless
of race, is not following instructions, misusing equipment, or consistently doing things incorrectly
they may also be asked to leave that particular session. Over the years there have been many more
white players who have been asked to leave a session because of tardiness than African American
players. The reason for that is simply a numbers situation in that there are often more white players
than African Americans. Everyone is treated the same in this regard. Over the years, some of the
very best players in the history of the program were held to the same standard and received the
Doyle Appx. 126

same consequences. This is a safety issue. We are training 120 athletes every day. We have a
specific coach-to-player ratio that is essential to ensure player safety. When a player is late, he
must be isolated, requiring one-on-one coaching to “catch up” to the group. This compromises the
group’s safety and efficiency.
AKRUM WADLEY
19. Akrum Wadley participated in the Iowa football program from 2015 to 2017. I have
never done anything or taken any action that in any way interfered with or adversely affected any
scholarship or educational opportunity.
20. I have never commented negatively about Mr. Wadley to any person involved with
an NFL team or other professional league and Mr. Wadley acknowledged under oath he had no
knowledge of me doing so. Doyle Appx. 314 (Wadley Depo. 7:5-19). I have always made it a point
to note the positive things about a student athlete when speaking with people about an athlete’s
professional opportunities.
21. Similarly, the focus of Mr. Wadley’s issues he raised in his deposition about me
were related to his displeasure with our weight gaining protocol for him. He was not treated any
differently than any other person in his situation. Mr. Wadley’s bodyweight protocol included
more frequent weigh-ins and two shakes per day at the refueling station. Again, this was a safety
concern. Our objective was to ensure Mr. Wadley was getting the proper nutrition to safely
participate. Mr. Wadley was treated exactly the same as any other athlete in a similar situation
would be. Doyle Appx. 334-336; 339-340; 345 (Wadley Depo. 89:21-96:23; 107:8-112:10;
131:13-132:5).
22. Mr. Wadley acknowledges under oath that I never used the “n” word, and that I
never said anything about his hair, jewelry, tattoos other than Wadley’s belief that neither I nor
Doyle Appx. 127

Coach Kirk Ferentz liked players wearing hoodies. Doyle Appx. 358; 368 (Wadley Depo. 182:15-
184:19; 224:8-10).
23. I have never told Mr. Wadley or any other student athletes “this is not the ghetto”,
or “the streets” or anything of the sort. I have told players things to the affect of “this isn’t Ankeny
High School anymore” or whatever high school the athlete may have been from. This type of
comment was occasionally made to student athletes regardless of background. Further, any such
comment Mr. Wadley attributes to me is alleged to have occurred when he first got to the
University in 2015. Doyle Appx. 365 (Wadley Depo. 212:2-213:12).
24. In the Second Amended Complaint recently filed in this matter Mr. Wadley makes
no specific allegations against me related to race. (SAC ¶¶ 117-135). The only concerns that relate
to the strength and conditioning program are two non-specific allegations related to his weight.
(SAC ¶¶ 125-126).
25. I have never done anything with respect to Mr. Wadley that was discriminatory in
any way.
JONATHAN PARKER
26. Jonathan Parker was a student athlete in the Iowa football program during the years
2013 to 2016. Mr. Parker received his bachelor’s degree in December of 2016 and transferred, as
a graduate student, to Northern Illinois University in January of 2017.
27. I have never done anything or taken any action that in any way interfered with or
adversely affected any scholarship or educational opportunity.
28. Mr. Parker testified under oath that I never mocked or ridiculed his hair, tattoos or
clothing. The only thing Mr. Parker alleged I said to him was that earrings were a girlie thing to
wear, which, in addition to not being true, has nothing to do with race. Mr. Parker also testified,
Doyle Appx. 128

under oath, in his deposition that he never heard me use the “N” word or make any comments
racial in nature directly to him. Doyle Appx. 286-287; 294 (Parker Depo. 123:21-129:19; 156:11-
19).
29. Mr. Parker does make some claims in his deposition that he was treated differently
than white players with respect to gaining weight. In addition to not being true, Mr. Parker states,
under oath, that discussions regarding weight would have occurred between the years 2013 and
2015. Doyle Appx. 278-279 (Parker Depo. 92:20-95:1).
30. In the Second Amended Complaint recently filed in this matter Mr. Parker also does
not make any specific allegations against me related to race. (SAC ¶¶ 136-145).
31. I have never done anything with respect to Mr. Parker that was discriminatory in
any way.
MARCEL JOLY
32. Marcel Joly was a member of the Iowa football team from 2014 until his graduation
in December of 2017.
34. Marcel Joly also does not make any specific allegations against me in the recently
filed Second Amended Complaint. (SAC ¶¶ 146-152).
35. Under oath Mr. Joly also stated he is not aware of me stating negative things about
him to anyone. Doyle Appx. 376; 378 (Joly Depo. 7:6-23, 14:10-17).
36. In his deposition Mr. Joly complains, as evidence of discrimination, that the
coaching staff wanted him to be a team player and that he and other African American athletes did
not want to be team players. Doyle Appx. 384-385 (Joly Depo. 41:20-42:18).
Doyle Appx. 129

37. Mr. Joly admits, under oath, that I never made any comments to him about, tattoos,
jewelry, the way he spoke, or any other comment. Doyle Appx. 390 (Joly Depo. 62:17-63:24).
38. Mr. Joly also acknowledges no one ever threated to terminate his scholarship.
Doyle Appx. 390 (Joly Depo. 64:10-13).
39. I have never done anything with respect to Mr. Joly that was discriminatory in any
way.
AARON MENDS
40. Aaron Mends was a member of the Iowa football team from 2014 to 2018. He
graduated from the University of Iowa in December of 2018 and, after his transfer as a graduate
student to Illinois State University he graduated from that institution with a master’s degree in
2020.
42. Mr. Mends also does not make any specific allegations against me in the Second
Amended Complaint. (SAC ¶¶ 153-166).
43. I have never done anything with respect to Mr. Mends that was discriminatory in
any way.
44. In fact, after leaving the Iowa program Mr. Mends sent me a text message thanking
me for all that I did for him while he was in my program. Doyle Appx. 145 (Mends Depo. 42:1-
43:4) and Doyle Appx. 443.
45. Mr. Mends also acknowledges in his deposition that no racial slurs, racial epithets,
or name calling was directed at him. Doyle Appx. 203 (Mends Depo. 276:17-277:11).
Doyle Appx. 130

DARIAN COOPER
46. Darian Cooper was involved with the Iowa football program until January of 2016.
Mr. Cooper graduated from the University of Iowa in May 2016.
47. I have never done anything or taken any action with respect to Mr. Cooper that in
any way interfered with or adversely affected any scholarship or educational opportunity.
48. I have never done anything with respect to Mr. Cooper that was discriminatory in
any way.
49. I had no contact with any professional football team regarding Mr. Cooper and have
never stated anything to anyone about Mr. Cooper that was in any way negative.
50. I had no control over Mr. Cooper’s playing time or him being medically cleared to
play.
51. I have never assaulted, grabbed, or otherwise become physical with Mr. Cooper or
any other player in my career.
52. Mr. Cooper alleges in the Second Amended Complaint that I physically assaulted
him in front of witnesses. In his deposition however Mr. Cooper testified that this “assault”
consisted of one occasion of me grabbing his stomach when no one else was around to witness the
incident and stating that I was the person who determined his playing weight. Doyle Appx. 231-
233 (Cooper Depo. 56:21-64:17). I never grabbed Mr. Cooper’s stomach or that of any other player
in my entire career.
BRANDON SIMON
53. Brandon Simon was a member of the football program from 2015 until his transfer
to Illinois State University in in January of 2019.
54. I had nothing to do with Mr. Simon’s decision to transfer.
Doyle Appx. 131

55. Mr. Simon acknowledged under oath that I never used the “N” word, a racial
epithet, a racial name, or racial slur directed at him. Doyle Appx. 421 (Simon Depo. 86:4-6)
56. In Mr. Simon’s deposition his only allegation he made that he considered racial was
an alleged comment that I would send him back to the streets. Doyle Appx. 420-421 (Simon Depo.
85:2-86:24). Again, I have never used those words and the only thing I could have said would have
been along the lines of this program isn’t high school anymore.
57. I had no control or input with respect to Mr. Simon’s playing time or whether or
not he traveled with the team for away games.
58. I have never done anything or taken any action with respect to Mr. Simon that in
any way interfered with or adversely affected any scholarship or education opportunity.
59. I have never done anything with respect to Mr. Simon that was discriminatory in
any way.
JAVON FOY
60. Javon Foy was a walk on participant in the Iowa football program for a very brief
period in 2019. Mr. Foy did not have a scholarship or any other agreement with the University or
the football team that I am aware of. Mr. Foy acknowledged in his deposition that he had no
scholarship and did not recall the terms of any agreement with the University. Doyle Appx. 429
(Foy Depo. 17:3-12).
61. I do not believe I had much, if any, direct contact with Mr. Foy during the brief
period he was actively involved with the program. Mr. Foy was a first-year athlete in the first 3
weeks of participation in the program. As a developmental athlete, I would not have had any direct
coaching contact with Mr. Foy.
62. I have never done anything to Mr. Foy that was discriminatory in any way.
10
Doyle Appx. 132

63. Mr. Foy Acknowledged in his deposition, under oath, that he did not recall me ever
using the “N” word or any other racial slur or epithet. Doyle Appx. 438 (Foy Depo. 52:11-53:4).
64. In the Second Amended Complaint the only specific allegation Mr. Foy makes
against me is that I once said his hair was a mess. (SAC ¶ 228). I never made such a comment to
Mr. Foy and, in fact, have no recollection of any contact with Mr. Foy during the short period of
time he was with the football program.
65. Mr. Foy, under oath, did not recall me ever making any comment to anyone about
going back to the ghetto, being affiliated with a gang or any other similar comment. Doyle Appx.
438 (Foy Depo. 52:11-53:4).
Executed this 8 day of September, 2022.
Christopher Doyle
CHRISTOPHER DOYLE
11
Doyle Appx. 133

·1· · · · · ·IN THE UNITED STATES DISTRICT COURT

· · · · · · · FOR THE SOUTHERN DISTRICT OF IOWA
·2· · · · · · · · · · ·CENTRAL DIVISION
·3· ·- - - - - - - - - - - - - - - -
· · ·AKRUM WADLEY; JONATHAN PARKER;:
·4· ·MARCEL JOLY; AARON MENDS;· · ·:
· · ·DARIAN COOPER; BRANDON SIMON; :
·5· ·and JAVON FOY,· · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
·6· · · · · ·Plaintiffs,· · · · · ·:
· · ·vs.· · · · · · · · · · · · · ·: Case No. 4:20-cv-366
·7· · · · · · · · · · · · · · · · ·:
· · ·UNIVERSITY OF IOWA, BOARD OF :
·8· ·REGENTS FOR THE STATE OF IOWA;:
· · ·BRIAN FERENTZ; and CHRISTOPHER:
·9· ·DOYLE,· · · · · · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
10· · · · · ·Defendants.· · · · · ·:
· · ·- - - - - - - - - - - - - - - -
11
12
13
14
15· · ·VIDEO-RECORDED DEPOSITION OF AARON KWESI MENDS,
16· ·taken via Zoom by the Defendants before Jessi C.
17· ·Lass, Certified Shorthand Reporter of the State of
18· ·Iowa, commencing at 9:04 a.m., Tuesday, March 22,
19· ·2022.
20
21
22
23
24
25· · · ·JESSI C. LASS - CERTIFIED SHORTHAND REPORTER
SUSAN FRYE COURT REPORTING | 515-284-1972

300 Walnut Street, #36, Des Moines, IA 50309-2224
Doyle Appx. 134
AKRUM WADLEY, et al., vs UNIVERSITY OF IOWA, et al.
AARON MENDS· 03/22/2022 Pages 2..5
Page 2 Page 4
·1· · · · · · · · · A P P E A R A N C E S ·1· · · · · · T A B L E· ·O F· ·C O N T E N T S
·2· ·For the Plaintiffs (via Zoom): ·2· ·WITNESS:· AARON KWESI MENDS· · · · · · · · · · ·PAGE
· · · · · BEATRIZ MATE-KODJO, ESQ.
·3· · · · BMK LAW FIRM PLLC ·3· ·Examination By Mr. Stone ..........................6
· · · · · 1910 Washington Street, Suite 100 ·4· ·Examination By Ms. Mate-Kodjo ...................313
·4· · · · Pella, Iowa 50219 ·5
·5· · · · DAMARIO SOLOMON-SIMMONS, ESQ.
· · · · · KYMBERLI HECKENKEMPER, ESQ. ·6· ·EXHIBITS· · · · · · · · · · · · · · · · · PAGE FIRST
·6· · · · SOLOMON SIMMONS LAW · · · · · · · · · · · · · · · · · · · · · · · ·REFERENCED
· · · · · 601 South Boulder Avenue, Suite 600-A ·7· ·1· ·- "Thank you" message from Mends .............36
·7· · · · Tulsa, Oklahoma 74119
·8· · · · CHRISTIAN S. DENNIE, ESQ. ·8· ·2· ·- First amended complaint ...................114
· · · · · BARLOW GARSEK & SIMON LLP ·9· ·3· ·- 6/5/20 tweet by Mends ......................73
·9· · · · 920 Foch Street 10· ·4· ·- 6/4/20 tweet by Mends ......................82
· · · · · Fort Worth, Texas 76107
10 11· ·10· - Mends Iowa football profile ...............133
11· ·For Defendants Ferentz and University of Iowa 12· ·14· - Mends' objections and answers to ..........113
· · ·(via Zoom): · · · · · interrogatories
12· · · · ROGER W. STONE, ESQ.
· · · · · SIMMONS PERRINE MOYER BERGMAN PLC 13
13· · · · 115 Third Street Southeast, Suite 1200 · · ·CERTIFICATE OF REPORTER..........................327
· · · · · Cedar Rapids, Iowa 52401 14
14
15· ·For the Defendants (via Zoom): 15· ·Reporter's Note:· Exhibits 1 through 17 were marked
· · · · · JEFFREY C. PETERZALEK, ESQ. · · ·by counsel prior to the deposition and distributed
16· · · · CHRISTOPHER DEIST, ESQ. 16· ·to all parties.· Not all exhibits were used.
· · · · · IOWA ATTORNEY GENERAL'S OFFICE
17· · · · 1305 East Walnut Street, Second Floor 17· ·(ph) indicates a phonetic spelling.
· · · · · Des Moines, Iowa 50319 · · ·[sic] indicates the text is as stated.
18 18· ·Quoted text is as stated by the speaker.
19· ·The Witness (via Zoom):
· · · · · AARON KWESI MENDS 19
20 20
21· ·Videographers (via Zoom): 21
· · · · · AMY COOPER
22· · · · JECQUE STOTTS 22
· · · · · FIDELITY VIDEO SERVICES, INC. 23
23 24
24
25
25
Page 3 Page 5
·1· · · · · · A P P E A R A N C E S (continued) ·1· · · · · · · · · P R O C E E D I N G S
·2· ·Also present (via Zoom):
·2· · · · · · ·THE VIDEOGRAPHER:· Today's date is
· · · · · AKRUM WADLEY, Plaintiff
·3· · · · JONATHAN PARKER, Plaintiff
·3· ·March 22nd, 2022, and the approximate time is 9:04
· · · · · MARCEL JOLY, Plaintiff ·4· ·Central Time.· This begins the video deposition of
·4· · · · DARIAN COOPER, Plaintiff ·5· ·Aaron Mends requested by the defense in the matter
· · · · · KEVONTE MARTIN-MANLEY ·6· ·of Akrum Wadley, et al., plaintiffs, versus
·5· · · · LaRON TAYLOR
·7· ·University of Iowa, et al., defendants, in the
· · · · · KIRK FERENTZ, University representative
·6· · · · CHRISTOPHER DOYLE, Defendant
·8· ·United States District Court for the Southern
· · · · · AUDRA DRISH, Attorney General's Office ·9· ·District of Iowa, Central Division, Case
·7· · · · PALOMA MATE-KODJO, BMK Law Firm 10· ·No. 420-cv-366.· This deposition is being held via
·8 11· ·Zoom videoconference in remote locations.
·9
12· · · · · · ·My name is Amy Cooper, certified legal
10
11
13· ·videographer of Fidelity Video Services,
12 14· ·Incorporated, West Des Moines, Iowa.
13 15· · · · · · ·Counsel will please identify themselves
14 16· ·for the record.
15
17· · · · · · ·MR. STONE:· Roger Stone.· I represent
16
17
18· ·Brian Ferentz, and I'm associated with the
18 19· ·University of Iowa and Board of Regents.
19 20· · · · · · ·MS. MATE-KODJO:· Beatriz Mate-Kodjo for
20 21· ·the plaintiffs.
21
22· · · · · · ·THE VIDEOGRAPHER:· The oath will now be
22
23
23· ·administered by Jessi Lass, certified shorthand
24 24· ·reporter of Susan Frye Court Reporting, Des Moines,
25 25· ·Iowa.

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·1· · · · · · · · · · AARON KWESI MENDS, ·1· · · · Q.· ·We'll be able to take breaks at times.· If
·2· ·a Plaintiff, being first duly sworn by the certified ·2· ·you need a break, you can signal us or tell us that
·3· ·shorthand reporter, testified under oath as follows: ·3· ·you need a break.· The only thing I ask is that you
·4· · · · · · · · · · · ·EXAMINATION ·4· ·finish your answer before you take a break.· Will
·5· ·BY MR. STONE: ·5· ·you do that, sir?
·6· · · · Q.· ·Good morning, Mr. Mends.· My name is Roger ·6· · · · A.· ·Yes.
·7· ·Stone.· Can you hear me okay? ·7· · · · Q.· ·Are there any health issues or medication
·8· · · · A.· ·Yes, I can. ·8· ·that make it difficult for you to give full and
·9· · · · Q.· ·Thank you.· I'm an attorney in Iowa, and ·9· ·complete and truthful answers today?
10· ·I'll be asking you most of the questions today. 10· · · · A.· ·No.
11· ·There may be some follow-up questions at the end of 11· · · · · · ·MS. MATE-KODJO:· Excuse me, Roger.· Sorry
12· ·the day by others.· Mr. Mends, please state your 12· ·to interrupt.· I just want to clarify what the role
13· ·full name for the record. 13· ·of Kirk Ferentz is here today.
14· · · · A.· ·Aaron Kwesi Mends. 14· · · · · · ·MR. STONE:· He's the University
15· · · · Q.· ·Where do you live, sir? 15· ·representative.· Thank you.
16· · · · A.· ·Kansas City, Missouri. 16· · · · · · ·MS. MATE-KODJO:· Okay.
17· · · · Q.· ·Can you give me your residence address. 17· · · · Q.· ·(By Mr. Stone)· Did you prepare for
18· · · · A.· ·5103 Northeast 63rd Street, Kansas City, 18· ·today's deposition?
19· ·Missouri. 19· · · · A.· ·Yes.
20· · · · Q.· ·Are you there today? 20· · · · Q.· ·Did you review the complaint?
21· · · · A.· ·Yes, I am. 21· · · · A.· ·Yes.
22· · · · Q.· ·Are you alone in the room that you're 22· · · · Q.· ·Did you review your interrogatory answers?
23· ·sitting in today? 23· · · · A.· ·Yes.
24· · · · A.· ·Yes. 24· · · · Q.· ·Did you review other documents?
25· · · · Q.· ·Do you have any computer before you other 25· · · · A.· ·Just, like, tips from the attorneys.
Page 7 Page 9
·1· ·than the one that's logged into this system? ·1· · · · Q.· ·I'm not interested in what your attorneys
·2· · · · A.· ·No. ·2· ·may have given you or talked to you about, but were
·3· · · · Q.· ·Are you in communication by phone or on ·3· ·there other records or information besides the
·4· ·the internet with anyone other than your attorneys? ·4· ·interrogatory answers or complaint that you reviewed
·5· · · · A.· ·No. ·5· ·in preparation for today's testimony?
·6· · · · Q.· ·If during the day that occurs, that you ·6· · · · A.· ·No.
·7· ·are in communication or someone texts you, I'm going ·7· · · · Q.· ·Other than your lawyers, who have you
·8· ·to ask you to please notify me so we can address ·8· ·talked to in order to prepare for today?· And I'm
·9· ·that situation and find out who may be in ·9· ·not interested in a joint meeting that your lawyers
10· ·communication with you.· Will you do that, please? 10· ·were in.· For example, if you and Mr. Wadley or some
11· · · · A.· ·Okay. 11· ·other plaintiff had a joint meeting with your
12· · · · Q.· ·Thank you.· Have you had your deposition 12· ·plaintiffs [sic], I'm not interested in that, but if
13· ·taken before? 13· ·you talked to someone else outside the presence of
14· · · · A.· ·No. 14· ·your lawyers, would you identify that person for me.
15· · · · Q.· ·You're entitled to have a question that 15· · · · A.· ·I haven't.
16· ·you understand and that you've heard.· If during my 16· · · · Q.· ·Do you have any documents or notes in
17· ·questioning you don't understand something I ask or 17· ·front of you?
18· ·you want me to repeat it or if it wasn't loud enough 18· · · · A.· ·No.
19· ·for you, will you ask me to do that, please? 19· · · · Q.· ·I want to turn your attention to when you
20· · · · A.· ·Yes, I will. 20· ·came back from Illinois State to Iowa City to
21· · · · Q.· ·If you answer a question, I'm going to 21· ·possibly train to become an NFL player.· Do you
22· ·assume that you understood and heard the question. 22· ·recall that time?
23· ·Is that a fair assumption for today's proceedings, 23· · · · A.· ·Yes.
24· ·Mr. Mends? 24· · · · Q.· ·When did you return to Iowa City after you
25· · · · A.· ·Yes. 25· ·left Illinois State?

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·1· · · · A.· ·It was around -- it was getting -- right ·1· · · · A.· ·No.· Well, I trained, like, at a local
·2· ·before they were about to leave for the bowl trip. ·2· ·high school in Iowa City a few times with some
·3· ·I can't remember the exact date, but sometime before ·3· ·players, but not with the University -- not
·4· ·the bowl game. ·4· ·affiliated with the University.
·5· · · · Q.· ·Did you have an agent that you had signed ·5· · · · Q.· ·In the spring of 2020, you were still
·6· ·on with? ·6· ·enrolled as a graduate student at Illinois State;
·7· · · · A.· ·At that time -- I believe -- I believe so, ·7· ·correct?
·8· ·yes, at that time. ·8· · · · A.· ·I believe so.
·9· · · · Q.· ·Is that MJ Agency? ·9· · · · Q.· ·And you were able to work remotely at
10· · · · A.· ·Yes.· Correct. 10· ·Illinois State and live in Iowa City; correct?
11· · · · Q.· ·Is that Mr. Ray Haija? 11· · · · A.· ·No.· I did not live in Iowa City.· I came
12· · · · A.· ·Yes. 12· ·for a couple weeks, but I wasn't permanently a
13· · · · Q.· ·Did you participate in a virtual pro day 13· ·resident there.
14· ·in Las Vegas in April of 2020? 14· · · · Q.· ·How long were you in Iowa City after you
15· · · · A.· ·Yes.· I -- actually I cannot -- I don't 15· ·returned from Illinois State?
16· ·remember the exact date, but it was in -- I did 16· · · · A.· ·I want to say maybe a week or two.· Not
17· ·participate in a pro day in 2020 in Las Vegas. 17· ·very long.
18· · · · Q.· ·Did you send a video? 18· · · · Q.· ·You wanted to get access to the Iowa
19· · · · A.· ·Yes.· There was video -- there was video 19· ·training facilities; correct?
20· ·taken. 20· · · · A.· ·At that time I was not allowed to have
21· · · · Q.· ·I did not mean to interrupt you. 21· ·access to the facilities.
22· · · · · · ·Was there any other participation besides 22· · · · Q.· ·My question, sir, was whether you wanted
23· ·you sending a video? 23· ·to get access to the Iowa facilities.· Is that a
24· · · · A.· ·Can you clarify what you mean by sending a 24· ·true statement?
25· ·video?· What -- 25· · · · A.· ·Providing that I was allowed back in, yes.
Page 11 Page 13
·1· · · · Q.· ·I understand that you made a video to show ·1· · · · Q.· ·Did you ask to train at the Iowa
·2· ·at a virtual pro day and that you transferred that ·2· ·facilities?
·3· ·video to the participants or to your agent, and that ·3· · · · A.· ·Yes.
·4· ·person transmitted it to the pro scouts who might be ·4· · · · Q.· ·Who did you ask?
·5· ·viewing those videos; is that a fair statement? ·5· · · · A.· ·Coach Doyle, and after that I asked Coach
·6· · · · A.· ·I believe so. ·6· ·Ferentz.
·7· · · · Q.· ·Did you participate in any other way? ·7· · · · Q.· ·Did you talk to any other coaches besides
·8· · · · A.· ·Can you clarify what you mean. ·8· ·Mr. Doyle and Mr. Kirk Ferentz about training at the
·9· · · · Q.· ·Did you go to Las Vegas to meet people, or ·9· ·Iowa facilities?
10· ·did you talk on the phone, or did you have a Zoom 10· · · · A.· ·I think I did reach out to Coach Wallace.
11· ·meeting, other than send just the video? 11· ·And he said that I should talk to Coach Doyle or
12· · · · A.· ·I'm sorry.· I don't understand the 12· ·Coach Ferentz, I believe.
13· ·question. 13· · · · Q.· ·So you saw Mr. Wallace before you talked
14· · · · Q.· ·How did you -- 14· ·to Chris Doyle or Kirk Ferentz?
15· · · · A.· ·Go ahead. 15· · · · A.· ·No.· I think it was over the phone.· Can't
16· · · · Q.· ·How did you participate in that virtual 16· ·really remember, but I think I reached out to one of
17· ·pro day in Las Vegas in 2020? 17· ·the coaches first, and they said that I should go
18· · · · A.· ·Oh.· So -- so I flew out to Las Vegas.· We 18· ·ahead and speak to Coach Doyle or Coach -- just kind
19· ·did, like, just a typical pro day schedule with 19· ·of I wanted to get -- I felt that it would be, I
20· ·workouts and things like that, and we recorded 20· ·guess, a way to get in their good graces if I had
21· ·the -- I guess, the entire event.· That was pretty 21· ·talked to a coach first.· And then he kind of, like,
22· ·much it. 22· ·I guess, endorsed the sentiment that I could
23· · · · Q.· ·During the time that you had returned to 23· ·possibly train there.
24· ·Iowa City in perhaps late December of 2019 until the 24· · · · Q.· ·Why did you pick Seth Wallace?
25· ·virtual pro day, did you train in Iowa City? 25· · · · A.· ·Because that was my coach.· So it just

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·1· ·made sense. ·1· ·Illinois State, I never really had the opportunity.
·2· · · · Q.· ·I'm sorry.· Were you finished? ·2· ·So that was kind of part of the reason I came down,
·3· · · · A.· ·He was my coach.· So I guess I just -- ·3· ·was to get that, and I just visit -- and then visit
·4· · · · Q.· ·When did you -- sorry.· Were you finished? ·4· ·some friends as well and, I guess, talk about the
·5· · · · A.· ·No.· Yeah, I was finished.· Go ahead. ·5· ·opportunity of training at the University.
·6· · · · Q.· ·What did you and Mr. Wallace talk about ·6· · · · Q.· ·Have you told me everything that you can
·7· ·when you contacted him about possibly using the ·7· ·recall about your visit or conversations over the
·8· ·training facilities? ·8· ·phone with Seth Wallace at any time during the
·9· · · · A.· ·It wasn't really an in-depth conversation. ·9· ·months of December 2019 through April of 2020, if
10· ·Just kind of, like, you know, really wasn't his 10· ·you can recall?
11· ·decision.· So reached out to Coach Doyle and Coach 11· · · · A.· ·To the best of my memory, yes, I believe
12· ·Ferentz, see what they say. 12· ·so.· But ...
13· · · · Q.· ·Did you go to Seth Wallace's office at any 13· · · · Q.· ·This is my chance to ask you questions,
14· ·time in December of 2019 or January, February, 14· ·Mr. Mends.· Is there anything else that you can
15· ·March, or April of 2020?· Do you recall? 15· ·recall about your conversations with Mr. Wallace
16· · · · A.· ·The time after I had -- the time that I 16· ·during those months?
17· ·had come in right before the bowl game, I think we 17· · · · A.· ·Yeah.· From the best of my, you know,
18· ·had, like, a quick conversation.· It was kind of 18· ·ability, yes, I believe so.
19· ·just like a catch-up, "Hey, how are you?" type of 19· · · · Q.· ·And essentially Mr. Wallace said that if
20· ·thing, because Coach Ferentz and the rest of the 20· ·you wanted to train at the facilities, you should go
21· ·offensive staff was in a meeting.· They were in a 21· ·talk to a coach, such as Mr. Doyle or Kirk Ferentz;
22· ·film meeting preparing for the bowl game.· So I 22· ·is that right?
23· ·really didn't have a chance to speak with him.· So 23· · · · A.· ·Yes.
24· ·yeah, we kind of had, like, a kind of, I guess, 24· · · · Q.· ·And did you do that?
25· ·chitchat sort of, but nothing meaningful, I don't 25· · · · A.· ·Yes.
Page 15 Page 17
·1· ·think. ·1· · · · Q.· ·Did you meet with Mr. Doyle?
·2· · · · Q.· ·So what did you and Mr. Wallace talk about ·2· · · · A.· ·No.
·3· ·when you had your chitchat? ·3· · · · Q.· ·Did you talk to him on the phone?
·4· · · · A.· ·Just kind of how things were going, just ·4· · · · A.· ·I talked to him on the phone once, and I
·5· ·life, really, just, you know, "Hey, how's things ·5· ·also texted him.
·6· ·going?· How's" -- whatever -- "What are your plans?" ·6· · · · Q.· ·And what did he indicate to you on the
·7· ·and that was it. ·7· ·phone?
·8· · · · Q.· ·Did you get a jersey from Mr. Wallace or ·8· · · · A.· ·That I would not be able to come back and
·9· ·from the University? ·9· ·train.
10· · · · A.· ·At that time? 10· · · · Q.· ·Did he give you a reason?
11· · · · Q.· ·Well, at any time. 11· · · · A.· ·Kind of -- at first, no.· It was just kind
12· · · · A.· ·When I was -- when I graduated, I mean, 12· ·of "no, you wouldn't be able to."· Then he said
13· ·there was a -- typically the seniors will get, like, 13· ·something along the lines of that I wouldn't be
14· ·a jersey made, like, and they put it in a case of 14· ·covered under the University's insurance and it was
15· ·some sort.· I don't remember -- I hadn't gotten a 15· ·a liability.· So that if I -- basically I wouldn't
16· ·chance to get mine.· So not really exactly even sure 16· ·be covered under the University.· So I'd be a
17· ·how I ended up getting it.· I don't know if they 17· ·liability for injury purposes and things like that.
18· ·gave it to a player or someone else handed it to me, 18· · · · Q.· ·That was in a second conversation that you
19· ·but I know at some point I had gotten it. 19· ·had with Mr. Doyle?
20· · · · Q.· ·Do you recall visiting with Mr. Wallace at 20· · · · A.· ·That was in the same conversation.· It was
21· ·the end of 2019 or early 2020 about a jersey? 21· ·an ongoing conversation.· We were just exchanging
22· · · · A.· ·I mean, could be possible.· I don't 22· ·text messages, and then I gave him a few phone
23· ·really -- to be honest, I can't really remember how 23· ·calls, after I was advised by two of my teammates
24· ·I even went about getting it.· I just know that 24· ·that I should give him a call.
25· ·it's -- it was there for me, and since I was at 25· · · · Q.· ·Have you produced the text messages that

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·1· ·you sent to Mr. Doyle? ·1· ·training facilities and the weight room during the
·2· · · · A.· ·No, I have not. ·2· ·years that you were at Iowa.· That's a fair
·3· · · · Q.· ·Why not? ·3· ·statement, isn't it?
·4· · · · A.· ·So on my iPhone, text messages only last a ·4· · · · A.· ·Yes, I was.
·5· ·year, and at that point they had automatically been ·5· · · · Q.· ·You'd virtually see Mr. Doyle almost every
·6· ·erased, because your phone doesn't save them ·6· ·day that you went into the weight training room; is
·7· ·anymore. ·7· ·that a fair statement?
·8· · · · Q.· ·Did you copy in anyone else besides ·8· · · · A.· ·Yes, predominantly.
·9· ·Mr. Doyle on the text messages you sent to Mr. Doyle ·9· · · · Q.· ·I mean, you were friendly with Mr. Doyle;
10· ·from (inaudible) Illinois State? 10· ·correct?
11· · · · · · ·REPORTER:· I'm sorry, Mr. Stone.· Can you 11· · · · A.· ·We had a working relationship.
12· ·repeat that. 12· · · · Q.· ·And he was a coach of yours for nearly
13· · · · Q.· ·(By Mr. Stone)· Yeah.· Let me try to reask 13· ·five years at the University of Iowa; correct?
14· ·it. 14· · · · A.· ·Yes.
15· · · · · · ·I'm trying to focus in on the time again, 15· · · · Q.· ·And when you say "working relationship,"
16· ·Mr. Mends, that we're talking about between December 16· ·you mean it was one where he was coaching you to
17· ·of '19 and April of 2020 or, you know, give or take 17· ·become a better weight trainer and athlete and to
18· ·a few months after that time, when you had left to 18· ·build your body in ways that could allow you to
19· ·go to Illinois State and then you'd come back to 19· ·compete and possibly even play pro ball?
20· ·Iowa City to talk about training at the Iowa 20· · · · A.· ·I don't know if I would word it that way,
21· ·facilities.· So is that the time period you're 21· ·but yeah, he worked us out.
22· ·thinking about, Mr. Mends? 22· · · · Q.· ·Well, you tell me how you word it.
23· · · · A.· ·Could you repeat that. 23· · · · A.· ·He was trying to, I guess, make us
24· · · · Q.· ·Yeah.· Let me ask it this way:· From the 24· ·stronger.· That was his goal.· I guess strength
25· ·time that you left University of Iowa in 25· ·conditioning is to increase our strength and
Page 19 Page 21
·1· ·approximately December of 2018 to go to Illinois ·1· ·conditioning.
·2· ·State as a graduate transfer until the virtual pro ·2· · · · Q.· ·Have you told me everything that you can
·3· ·day of April 2020, how many text messages do you ·3· ·recall about the conversation with Mr. Doyle during
·4· ·think you sent to Mr. Doyle? ·4· ·which he explained to you that you would not be
·5· · · · A.· ·Not very many.· Don't really -- I usually ·5· ·permitted to train at the Iowa facility after
·6· ·don't ever text Coach Doyle. ·6· ·returning from Illinois State?
·7· · · · Q.· ·When you say "not very many," are we ·7· · · · A.· ·Just the fact that I wouldn't be able to
·8· ·talking about less than five? ·8· ·train there.· He thought it was a liability reason,
·9· · · · A.· ·It'd be hard to say, but I would say maybe ·9· ·that -- I don't know.· He just said that he wouldn't
10· ·less than 20.· But not very -- like, it's not 10· ·let me train there.· And then I tried calling him a
11· ·something I typically do, is text Coach Doyle.· If I 11· ·few times and just kind of -- you know, I told him
12· ·had something to talk to him about, I'd most likely 12· ·that, "Hey," like, you know, "I really want to get
13· ·call him. 13· ·the best training possible."· Because everyone knows
14· · · · Q.· ·What things did you have to talk to 14· ·as a college athlete that, you know, the bigger
15· ·Mr. Doyle about after leaving the University of Iowa 15· ·school you train at, the better opportunity you
16· ·in December of 2018 up through about April of 2020, 16· ·have.· So I told him, "Hey, I'd love to train at the
17· ·the virtual pro day? 17· ·University of Iowa.· I know it's a big school.· Lots
18· · · · A.· ·At that time the only thing I really had 18· ·of" -- "it'll be a great turnout."
19· ·spoken to him about is the possibility of training, 19· · · · · · ·There was tons of guys in that class that,
20· ·really.· And -- yeah, I mean, I think everything was 20· ·you know, had pro possibilities.· So I wanted to be
21· ·regarding, you know, working out there.· I don't 21· ·able to take advantage of that as well.· I felt like
22· ·really -- I can't really recall.· And like I said, I 22· ·I had put in years at the University.· I'd done
23· ·tried looking back through my phone, but everything 23· ·everything that they asked.· I never did anything,
24· ·automatically gets erased, unfortunately. 24· ·you know, out of line.· I followed suit.· And when
25· · · · Q.· ·You were an active participant in the 25· ·the time was -- I guess, as soon as I left, they

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·1· ·made it seem like it would be a -- you know, like I ·1· · · · Q.· ·Have you told me everything you can recall
·2· ·was always going to be all right.· They specifically ·2· ·about the conversations that you had with Coach
·3· ·told me that, that I'd always be a Hawkeye and ·3· ·Doyle or the text messages that you sent to Coach
·4· ·things like that, but when I asked for help, it ·4· ·Doyle during the time you had been at Illinois State
·5· ·seemed like that was not the case anymore.· It was ·5· ·or had returned to the University of Iowa to attempt
·6· ·just "We are done with you.· So good luck." ·6· ·to gain access to the training facilities?· Have we
·7· · · · Q.· ·Did Mr. Doyle suggest that you talk to ·7· ·covered everything you can recall?
·8· ·Kirk Ferentz? ·8· · · · A.· ·Yes, to the best of my knowledge.
·9· · · · A.· ·I don't recall.· But I know I went ahead ·9· · · · Q.· ·This is my chance to ask you questions,
10· ·and did it anyways, because I just figured that it 10· ·Mr. Mends.· I want to know if there's anything else.
11· ·would be -- I don't know.· I initially wanted to 11· · · · A.· ·To the best of my knowledge, that's pretty
12· ·call Coach Ferentz, because that's what my teammates 12· ·much ...
13· ·had suggested.· I talked to two teammates, and I 13· · · · Q.· ·All right.· Thank you.
14· ·wanted to talk to Coach Ferentz first, but then I 14· · · · · · ·Did you go see Kirk Ferentz, or did you
15· ·just didn't feel that it would make sense for me to 15· ·call him on the phone?· How did you speak to Coach
16· ·ask Coach Ferentz to train with Coach Doyle when 16· ·Kirk Ferentz about this subject of training at the
17· ·Coach Doyle would be doing the training.· Even 17· ·Iowa facility?
18· ·though he's the head coach, I mean, yeah, he would 18· · · · A.· ·So I had called -- I talked to Coach Doyle
19· ·have the ultimate say, I assume, but obviously, if 19· ·a few times.· I called him.· And it got to the -- I
20· ·you're going to work with someone, you want them to 20· ·think I called him two or three times, and he
21· ·be, you know, ready for it too or excited about it. 21· ·basically said, like, "Don't call me anymore.
22· · · · Q.· ·Sure.· And the two individuals that were 22· ·There's nothing we can do.· Like, no is no."· And he
23· ·your former teammates that you spoke to, who were 23· ·was pretty stern.· But I had gotten that advice from
24· ·those people that you spoke to? 24· ·Josey and Ben.· Josey had suggested -- he said, you
25· · · · A.· ·Josey Jewell and Ben Niemann. 25· ·know, "Coach Doyle, you know how he is.· Just, you
Page 23 Page 25
·1· · · · Q.· ·Were they both on pro football teams at ·1· ·know, maybe if you call him, he'll see that as,
·2· ·the time that you talked to them? ·2· ·like" -- I don't know -- "an attempt of trying
·3· · · · A.· ·Yes, they were. ·3· ·to" -- I don't know if he wanted, like, me to,
·4· · · · Q.· ·So you called them on the phone and asked ·4· ·like -- I don't know -- just be -- to beg for it. I
·5· ·about "How might I go about getting access to the ·5· ·don't know if that's what -- that he was trying to
·6· ·Iowa training facilities?"· That was basically the ·6· ·get at, but like Josey said, you know, "Give him a
·7· ·conversation? ·7· ·call.· Maybe that will work," whatever.
·8· · · · A.· ·Yes.· We were all three linebackers.· We ·8· · · · · · ·Got to the point where he said, "Just
·9· ·all played together, coached together.· We were in ·9· ·don't call me.· No is no."
10· ·the same room all the time we were there.· So I felt 10· · · · · · ·So that's when I decided to come to Iowa
11· ·that -- and typically some of those guys will come 11· ·City.· Because I figured, you know, if I can't
12· ·back and train as well.· And I know that, you know, 12· ·convince him, maybe if they saw me in person, it'd
13· ·those guys look at me as a brother, as I see them, 13· ·be harder for them to say no.· So I thought I'd go
14· ·and they would -- you know, I guess I just didn't 14· ·to Coach Ferentz and talk to him about it, because
15· ·feel like, as a black athlete, I could say anything. 15· ·he's the head man in charge.
16· ·I didn't feel like I could ask Coach Doyle or Coach 16· · · · · · ·So I didn't -- really I didn't, you know,
17· ·Ferentz and they would let me in just off my own 17· ·tell anyone that I was coming.· I just decided, you
18· ·word, even though I had been there just like 18· ·know, I'd come down there.· I'd been a Hawkeye for
19· ·everyone else.· I'd put in all the work.· I had been 19· ·five years.· You know, it was safe -- I figured it
20· ·there for five years.· My word didn't seem like it 20· ·was safe to assume that they would at least have a
21· ·was going to matter.· I felt like the only way that 21· ·conversation with me.· You know, I didn't do -- I
22· ·I'd be able to train there is if I got the vouch 22· ·never did anything wrong.· I never disrespected
23· ·from either one of the other white coaches or one of 23· ·anyone.· I never made anyone feel threatened or
24· ·my other white teammates.· That's why I reached out 24· ·anything like that.· I was just being as polite as
25· ·to Josey and Ben. 25· ·possible, as I always try to be.

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·1· · · · · · ·I came to the training facility, and maybe ·1· ·worry about it, buddy."· Like, you know, he saw that
·2· ·it was -- usually they have a team dinner after ·2· ·I was upset about it.· Not -- I don't know.· Like,
·3· ·workouts and practices.· So I tried to come around ·3· ·just, I guess, how I am now, like, just shocked.
·4· ·that time, when I knew people would be available to ·4· ·And so he walked me through the back, and he took me
·5· ·talk.· And so I -- I talked to -- Rita was there, ·5· ·to -- he was like, "Yeah.· Sure.· Like, you can come
·6· ·the secretary.· And I -- you know, I came into the ·6· ·talk to Coach Ferentz.· No problem."
·7· ·facility.· The front entrance is open to the public, ·7· · · · · · ·And I walked in there.· They were in a
·8· ·from my knowledge.· I'm not really sure it's always ·8· ·meeting, obviously, and I -- when they opened the
·9· ·open.· So I came in.· I went and talked with Rita, ·9· ·door, it looked like they had seen a ghost.· Like, I
10· ·and Rita -- I was like, "Hey, Rita, you know, can I 10· ·was -- it was just very awkward.· It didn't feel
11· ·talk to Coach Ferentz?" since, you know, I was 11· ·like I knew any of these people anymore.· They just
12· ·always told, you know, it's an open-door policy.· If 12· ·were looking at me like, oh, hey, blah, blah, blah,
13· ·you're a Hawkeye, Coach Ferentz will always try and 13· ·blah, blah.· And he kind of just gave me some
14· ·make time to talk to you. 14· ·quick -- basically like, "Hey, we're busy.· Like,
15· · · · · · ·She was like, "No.· He's busy." 15· ·I'll give you a call, you know, before we go to the
16· · · · · · ·And I just got a vibe.· It was just very 16· ·bowl game," and that was pretty much it.
17· ·weird.· Like, I don't know.· It felt like -- it felt 17· · · · · · ·Then I went on to speak with, you know,
18· ·like, from my perspective, that they had maybe, 18· ·the other coaches that I saw, just kind of "Hey, how
19· ·like -- hey, like -- like, had a conversation prior. 19· ·are you?" type of thing.
20· ·Because before, it had just been me and Coach Doyle 20· · · · Q.· ·So, Mr. Mends, did you speak with
21· ·talking back and forth.· And it felt like maybe they 21· ·Mr. Ferentz about the possibility of training at the
22· ·had talked about, like -- you know, like -- I don't 22· ·Iowa facility?
23· ·know -- like I was no longer a part of the team.· It 23· · · · A.· ·I didn't get the opportunity to.· Because
24· ·felt like they were -- just the vibe Rita was giving 24· ·they were in a meeting.· He said that he would, you
25· ·me, it felt like I was -- like I wasn't welcome 25· ·know, call me.· At that point it just didn't --
Page 27 Page 29
·1· ·there. ·1· · · · Q.· ·I'm sorry.· I didn't mean to interrupt.
·2· · · · · · ·And so she wouldn't allow me -- I asked ·2· ·Go ahead and finish, Mr. Mends.
·3· ·her if I could go back to talk to Coach Ferentz. ·3· · · · A.· ·At that point I already knew that it was
·4· ·She said he was in a meeting, which he was.· And ·4· ·not -- I was -- I was not welcome.· It was very
·5· ·that's understandable, but typically, you know, ·5· ·weird.· It felt like people were just talking to
·6· ·Coach Ferentz will take a second to talk to you, ·6· ·me -- like, I don't even know.· I felt terrible.
·7· ·something short, whatever.· But he didn't. ·7· ·Like, I felt like they thought I was coming to,
·8· · · · · · ·I asked if I could talk to any of the ·8· ·like -- I don't know -- like, argue or start some
·9· ·other coaches, my linebacker coach.· You know, like ·9· ·type of conver- -- confrontation or something, but
10· ·I said, I had been there for so long.· I didn't 10· ·as soon as I got -- it just felt like everyone was
11· ·understand why I wouldn't be able to say hi to 11· ·just acting really weird about me, like I was
12· ·anyone that -- you know, that was my coach or 12· ·dangerous or something.· They just were like, hey --
13· ·anything like that.· And she just was acting very 13· ·like, basically just trying to do damage control,
14· ·weird about it, like I was -- I don't know -- like 14· ·like, "Oh, hey, how are you doing?" like, asking
15· ·my name was on a list or something of, like, people 15· ·things, but they really didn't care.· They were just
16· ·not to allow in. 16· ·really just trying to get me out of the building as
17· · · · · · ·So Coach Morgan actually ended up walking 17· ·quickly as possible.· And so then I just -- then I
18· ·by, and Coach Morgan saw me and was like, "Hey, 18· ·didn't feel comfortable coming back.
19· ·Mends, like, what's going on?" blah, blah, blah. 19· · · · Q.· ·You said you were shocked by the treatment
20· · · · · · ·And I was just telling him like, "Hey, 20· ·you were perceiving when you asked for access to the
21· ·like, I was on my way out.· Like, I tried to come 21· ·training facilities.· And was that because it was so
22· ·talk to somebody and" -- "talk to Coach Ferentz 22· ·different from how you had been treated before when
23· ·about pro day, and Rita was treating me like I was a 23· ·you were a member of the team?
24· ·criminal or something." 24· · · · A.· ·No.· I was just shocked because this isn't
25· · · · · · ·And so Coach Morgan was like, "Hey, don't 25· ·something -- this was just a conversation.· Like, I

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·1· ·think I'd expect -- it would be -- I would expect to ·1· ·in the time that I left and wouldn't allow me to
·2· ·just at least be able to talk to, you know, people ·2· ·come back, or at least, you know, after everything
·3· ·that I had once worked with or once played for. ·3· ·that I had done, warranted me, you know, the
·4· · · · Q.· ·Is it true that you felt that you were ·4· ·opportunity to do that.
·5· ·shocked about the decision that you weren't going to ·5· · · · Q.· ·And you were planning on using the Iowa
·6· ·be able to be allowed to train at the Iowa facility? ·6· ·facilities when you left Illinois State and were
·7· · · · A.· ·I mean, I wasn't really shocked.· That's ·7· ·planning to train to become a pro football player
·8· ·why I went -- I wasn't shocked, because that's why I ·8· ·leading up to the virtual pro day in approximately
·9· ·went through the -- I guess I went through the ·9· ·April of 2020.· That's a fair statement; correct?
10· ·channels that I went through, because I knew that, 10· · · · A.· ·I don't know if I would say it like that.
11· ·like, my word alone wasn't going to get me to be 11· ·I was hoping I would be able to, but I wasn't
12· ·able to train there.· But I guess I just kind of 12· ·banking on it, because that wasn't something that I
13· ·hoped that if I, you know, had people vouch for me 13· ·had talked about.· I just thought that it would --
14· ·that I was, you know, I guess, worthy of training 14· ·you know, I thought that it would give me the most
15· ·there if I was -- then my other teammates felt like 15· ·exposure.· I even suggested possibly not working out
16· ·I would be a benefit to them, if they could use me 16· ·there since they, you know, didn't allow that, if I
17· ·as a competitive edge, that maybe they would bring 17· ·could just do pro day, but I had already made other
18· ·me in and allow me to train with them. 18· ·arrangements to train.· But I was just hoping that
19· · · · · · ·Because I know Josey and Ben had at that 19· ·I -- if I could possibly do pro day, then that would
20· ·time come back to -- they would come back and train 20· ·be good enough.· I did ask if I could train there,
21· ·there.· So maybe if they had someone that they felt 21· ·but they said no.
22· ·like, you know, could help them, that I would be 22· · · · · · ·So I just was like, "Okay.· Well, I'll do
23· ·able to be utilized in that aspect, I guess, and 23· ·it on my own then," and if I could just perform
24· ·potentially be able to get myself an opportunity. 24· ·there on the day of.· Because as -- you know, as an
25· · · · Q.· ·You used the word "shocked," Mr. Mends, in 25· ·athlete, being able to have a pro day where
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·1· ·one of your answers.· What was it that you were ·1· ·people -- where pro scouts are there is the most
·2· ·trying to convey to us when you said that you were ·2· ·important thing.· And, you know, everyone knows that
·3· ·shocked about the decision? ·3· ·in the sports world.· The coaches know it.· The
·4· · · · A.· ·I didn't say I was shocked about the ·4· ·players know it.· So without that, you know, your
·5· ·decision.· I was shocked about the way that, like, I ·5· ·chances are, you know, severely diminished, and I'm
·6· ·was perceived.· It just kind of just didn't -- you ·6· ·sure they're aware of that, but they didn't
·7· ·know, usually everyone's, you know, walking around ·7· ·really -- they were just like, "No is no."
·8· ·straight-faced and all that, but this looked like -- ·8· · · · Q.· ·Did Coach Doyle offer to help develop a
·9· ·just that they were surprised to see me, I guess. ·9· ·training program or a regimen for you as you
10· ·Maybe that "shocked" wasn't the right word.· That 10· ·prepared for a tryout with the NFL?
11· ·they were just like, "Aaron Mends, like, what the 11· · · · A.· ·Yeah, he did.
12· ·hell are you doing here?" like, in that type of 12· · · · Q.· ·What, if anything, did he offer to do?
13· ·capacity. 13· · · · A.· ·I think he just gave me some workouts or
14· · · · Q.· ·And you said that you were very upset 14· ·something.
15· ·about the decision; is that a fair statement? 15· · · · Q.· ·He was offering to help; correct?
16· · · · A.· ·I mean, yeah.· It was -- I didn't see why 16· · · · A.· ·Yeah.· He gave me some workouts, but
17· ·I wouldn't be able to -- 17· ·that's -- you know, help -- I don't know if "help"
18· · · · Q.· ·You -- 18· ·is the right word, if I can go online and look up
19· · · · A.· ·-- like, from what I was told. 19· ·some workouts.· I went out there -- I'd be training
20· · · · Q.· ·Excuse me.· I didn't mean to interrupt 20· ·there for five years.· Telling you what to do is
21· ·you, Mr. Mends.· Were you finished with your answer? 21· ·different than actually getting a trainer.· You
22· · · · A.· ·Yeah.· I didn't see why I wouldn't be able 22· ·know, that's why you work out with other players,
23· ·to, when they told me that, you know, like, "You'll 23· ·for a competitive advantage.· You know, you -- when
24· ·always be the Hawkeye," and that I was -- I don't 24· ·you're around other players, you are iron -- sharp
25· ·know -- that I was -- I didn't see what had changed 25· ·as iron, I guess, is the word.· You know, also the

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·1· ·equipment and stuff like that would be severely ·1· ·helmet during any recording of field training for a
·2· ·modified.· It wouldn't be the same whatsoever. ·2· ·pro tryout?
·3· · · · · · ·So, I mean, I could have written my own ·3· · · · A.· ·Because -- for football coaches and for
·4· ·training plan, which I did a lot of the times, or I ·4· ·football in general, Iowa FBS to Big Ten, Division 1
·5· ·could have asked another strength coach.· You know, ·5· ·football program.· So --
·6· ·any strength coach, really, could just give you a ·6· · · · · · ·REPORTER:· I'm sorry, Mr. Mends.· I didn't
·7· ·piece of paper and say, "Do this," but, you know, ·7· ·catch that.· "Because -- for football coaches and
·8· ·there's -- I mean, there's help when you're actually ·8· ·for football in general" -- what?
·9· ·trying to help someone, and there's help when you're ·9· · · · A.· ·Iowa is a FBS, Big Ten program.· So if you
10· ·just trying to -- you know, damage control 10· ·wanted to get the most recognition, that would --
11· ·situation.· And I felt like that's what it was.· It 11· ·you know, being at a bigger school would allow you
12· ·was just like, "Here, here's a piece of paper.· Good 12· ·that.· And so the type of talent that goes to those
13· ·luck," but there's no real opportunity behind that. 13· ·schools is typically better.· So if you're a scout
14· · · · Q.· ·You prepared a video for the virtual pro 14· ·of some sort, they would, I guess, perceive you to
15· ·day; correct? 15· ·be at a higher caliber of player, rather than coming
16· · · · A.· ·Yes. 16· ·from a smaller school.
17· · · · Q.· ·Did you wear your Iowa helmet? 17· · · · Q.· ·(By Mr. Stone)· Mr. Mends, I'm going to
18· · · · A.· ·Yes, I did. 18· ·try to share my screen and show you what we've
19· · · · Q.· ·Do you have a copy -- 19· ·marked as Exhibit 1.
20· · · · A.· ·I -- sorry.· I actually do not recall. I 20· · · · · · ·Can you see it there, Mr. Mends?
21· ·don't -- I might have. 21· · · · A.· ·Yes.
22· · · · Q.· ·Do you have a copy of the video? 22· · · · Q.· ·Is this a statement that you wrote close
23· · · · A.· ·I probably do, but I don't -- I would have 23· ·to the time that you left the Iowa football program
24· ·to look.· I think I posted it on Twitter.· So I'd 24· ·to go to Illinois State?
25· ·have to look on there. 25· · · · A.· ·Yeah.· Can you give me a second so I can
Page 35 Page 37
·1· · · · · · ·But from what I recall, it was mostly the ·1· ·read it.
·2· ·skills training.· I don't really -- I could -- I'm ·2· · · · Q.· ·Yes, please.· Take your time.· Let me know
·3· ·sure I'd be able to get a copy of the footage if I ·3· ·when you're finished.
·4· ·asked my agent, possibly, but I don't have my own ·4· · · · A.· ·Okay.
·5· ·physical copy, no. ·5· · · · Q.· ·This statement was written by you before
·6· · · · Q.· ·And as you sit here today, you can't ·6· ·you left the Iowa program in about December of 2018;
·7· ·recall whether you wore the Iowa helmet or not ·7· ·is that a fair statement?
·8· ·during your video? ·8· · · · A.· ·Yes.
·9· · · · A.· ·I think I might have, but I don't -- I ·9· · · · Q.· ·You were finished playing football at
10· ·don't remember -- I don't know what video you're 10· ·Iowa; correct?
11· ·speaking of.· I posted -- like, if you look at my 11· · · · A.· ·Yes.
12· ·Twitter, I posted multiple different videos.· So I'm 12· · · · Q.· ·And you wanted to thank Iowa for an
13· ·not sure if you're referring to the actual -- during 13· ·incredible opportunity they had given you?
14· ·pro day we do, like, a lot of different stuff.· We 14· · · · A.· ·Well, I wasn't necessarily finished. I
15· ·do, like, an on-field workout.· We do push-ups -- or 15· ·had actually gotten injured.· So I tore my ACL in
16· ·not push-ups, sorry -- bench press, 40-yard dash, 16· ·the spring ball practice.· I think it was the last
17· ·things like that.· So during those things I don't 17· ·practice before the spring game.· And I wanted to
18· ·think I was wearing a helmet, but during field 18· ·actually pursue an opportunity to get a calendar
19· ·training, yeah, I think I might have worn the 19· ·extension on NCAA.· And when I spoke with Coach
20· ·helmet. 20· ·Ferentz about it, he said no, that I would not be
21· · · · Q.· ·Is the field training live, or is it 21· ·able to and suggested that I be done with football.
22· ·something that you recorded and sent as part of your 22· · · · · · ·And so I kind of -- I took it what it was.
23· ·package? 23· ·I just left his office.· And a couple -- I think
24· · · · A.· ·It was recorded. 24· ·maybe a few days or a week later I talked to Coach
25· · · · Q.· ·Why would you wear the Iowa football 25· ·Woods, and I was like, "Hey, like, I don't feel like

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·1· ·I'm done." ·1· ·after that.· But it was just -- I mean, if you look
·2· · · · · · ·And he said, you know, "Well, you know, ·2· ·at any of the people that transfer from University
·3· ·talk to Coach Ferentz about it." ·3· ·of Iowa -- you can probably look back -- I'm sure
·4· · · · · · ·And so I told him that, you know, I ·4· ·you'll see a similar tone -- a similar tone in what
·5· ·wanted to -- if they didn't -- if they weren't going ·5· ·they're writing.
·6· ·to keep me here, then I wanted to transfer and get a ·6· · · · Q.· ·So you wrote this statement; correct,
·7· ·six-year option somewhere else. ·7· ·Mr. Mends?
·8· · · · · · ·And that's another reason why -- with pro ·8· · · · A.· ·Yes, I did.
·9· ·day, you know, like, Coach Doyle had said, like -- I ·9· · · · Q.· ·You weren't coached to write this
10· ·think he said, like, I chose to leave or something 10· ·statement; correct?
11· ·like that.· That was my decision.· So I can't come 11· · · · A.· ·I wouldn't say that I was told word for
12· ·back.· But it wasn't like it was my decision to 12· ·word what to write, but there was -- there was a way
13· ·leave.· I wanted to stay, but they didn't allow me 13· ·to go about doing -- I couldn't -- I was still at
14· ·that opportunity, even though it would have been 14· ·the University when I wrote this statement.· I mean,
15· ·possible. 15· ·it would be very foolish of me to say something --
16· · · · Q.· ·At the time that you wrote this statement 16· ·you know, to say otherwise while I'm still going to
17· ·in December of 2018 before you left to go to 17· ·school there and when I'm still in the process of
18· ·Illinois State, it's true that you were thanking the 18· ·transferring.· I hadn't left at this point.· This is
19· ·University for the incredible opportunity they had 19· ·just me announcing that, hey, I'm going to start
20· ·given you?· That's true, isn't it, sir? 20· ·looking for other opportunities.· I still hadn't --
21· · · · A.· ·No.· The University and the athletic 21· ·so I was in the process of getting my clock
22· ·department are two different things.· But at this 22· ·extension that it was being done at the University
23· ·point I knew that, you know, to be able to pursue 23· ·through the compliance office.· So I didn't really
24· ·my -- to pursue a career, I would have to -- you 24· ·feel like I could say -- you know, I had to keep up
25· ·know, I couldn't sever ties with the University, 25· ·the impression that I was happy being there or else
Page 39 Page 41
·1· ·because they -- I felt like if I wasn't in good ·1· ·they weren't going to help me.· And it didn't --
·2· ·graces of the coaches and the coaching staff, that I ·2· ·even though the NCAA compliance office is supposed
·3· ·would have absolutely zero opportunity to pursue a ·3· ·to be separate from the -- you know, from the team,
·4· ·professional career and, not to mention, you know -- ·4· ·like, I didn't feel like I would be -- I would get
·5· ·I guess -- I mean, there wasn't much that I really ·5· ·that help anymore to be able to move on if I didn't
·6· ·did as far as make connections, not -- I didn't feel ·6· ·say something like this.
·7· ·like -- I felt like I needed to stay related to the ·7· · · · Q.· ·Who wrote these words, Mr. Mends?
·8· ·University in some capacity or else my opportunities ·8· · · · A.· ·I wrote them.
·9· ·would be finished. ·9· · · · Q.· ·Who assisted you in writing any of these
10· · · · Q.· ·So in the first sentence, it says, "I 10· ·words, Mr. Mends?
11· ·would like to thank the University of Iowa for the 11· · · · A.· ·No one.
12· ·incredible opportunity they have given me."· Who 12· · · · Q.· ·You mentioned that you wanted to thank
13· ·were you trying to thank, Mr. Mends? 13· ·players, and you wanted to thank coaches -- or some
14· · · · A.· ·I mean, it was really just everything, my 14· ·coaches, I believe, were the words that you said.
15· ·teammates, the coaches -- some of the coaches, not 15· ·Is that -- my recollection accurate, Mr. Mends?
16· ·all the coaches, just -- I don't know.· I was 16· · · · A.· ·Yes.
17· ·just -- I felt like it was what I had to say.· It 17· · · · Q.· ·Was Mr. Doyle one of the coaches you
18· ·was -- like, I mean, if you read it for yourself, 18· ·wanted to thank?
19· ·like, that's -- you ask anyone.· This isn't my 19· · · · A.· ·No.
20· ·wording.· This is something that I just was coached. 20· · · · Q.· ·Did you write any similar words at any
21· ·At the time I was there, this is -- this was the 21· ·time after this statement to Mr. Doyle in the less
22· ·Iowa culture.· This was how you were supposed to 22· ·than 20 text messages that you sent to Mr. Doyle
23· ·speak.· This is the things you were supposed to say. 23· ·during your time at Illinois State up through about
24· ·And if you said these things and you stayed in line, 24· ·April 20th of twenty -- or April 2020?
25· ·then you might have an opportunity to do something 25· · · · A.· ·Yes, I believe so.

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·1· · · · Q.· ·Have you in fact ever thanked Mr. Doyle in ·1· · · · · · ·Like, he basically had this persona around
·2· ·any statement or writing or text message or email or ·2· ·him that without me, you're not getting to that next
·3· ·face-to-face? ·3· ·level.· The coaches -- he would say multiple times,
·4· · · · A.· ·Yeah, I have thanked -- I have thanked ·4· ·both of them, the NFL coaches respect Coach Doyle
·5· ·Coach Doyle. ·5· ·and Coach Ferentz.· If -- without them, without
·6· · · · Q.· ·For what he did for you during the five ·6· ·their stamp of approval, you have no opportunity.
·7· ·years that you were at Iowa? ·7· ·You're done.· And so if you don't -- if you don't
·8· · · · A.· ·For what he -- for what he does and -- I ·8· ·keep a connection with them, you can't -- there's
·9· ·wouldn't say for me specifically.· Coach Doyle, ·9· ·nothing for you.· What is all the work that I put in
10· ·like, it's -- there's -- I don't know how to say 10· ·for?
11· ·this.· There's objective proof that Coach Doyle is a 11· · · · Q.· ·In the second sentence in Exhibit 1, you
12· ·great strength conditioning coach in terms of 12· ·say that you have -- "Throughout my career I've made
13· ·lifting weights and what -- lifting weights and 13· ·great friends, memories and, most importantly,
14· ·speed and all the metrics that you can measure. 14· ·earned a college degree."· That's a true statement,
15· ·There's objective proof there that he's done good 15· ·isn't it, Mr. Mends?
16· ·work there.· But I'm not speaking towards his 16· · · · A.· ·Yes.· That's what I said.
17· ·character.· That's not something that I'm thanking 17· · · · Q.· ·And in the third sentence, it says, "With
18· ·him for.· I'm thanking him for giving -- I guess 18· ·the support of my coaches and family, I've decided
19· ·just, you know, he's good at what he does, and 19· ·to pursue a graduate transfer and continue my
20· ·that's something that he is very prideful of and 20· ·academic and athletic career."· That's also a true
21· ·says, you know, "Hey, I'm the best of the business." 21· ·statement, isn't it, Mr. Mends?
22· ·They've been reminded he's -- I've heard him -- 22· · · · A.· ·Yes.· That's what's written.
23· ·everyone in the building will tell you Coach Doyle 23· · · · Q.· ·"And the support of my coaches" -- which
24· ·is the best strength conditioning coach in the 24· ·coaches were you referring to, Mr. Mends?
25· ·country it terms of objective numbers, when it comes 25· · · · A.· ·I guess Coach Wallace -- really, I mean,
Page 43 Page 45
·1· ·to those things.· But the psychological, I guess, ·1· ·to be honest, the person that helped me the most, I
·2· ·warfare that he inflicts on African American ·2· ·feel like, was Coach Parker.· He went out of his way
·3· ·players, that stuff is beyond the scope of what the ·3· ·to talk to a coach for me, but that was about it.
·4· ·job is. ·4· ·And talked to my high school coach about it, and
·5· · · · · · ·I thanked him for -- because I -- once ·5· ·that's really about it.· But as far as that, really,
·6· ·again, they had -- when you're at the University of ·6· ·just the only people I talked to about the actual
·7· ·Iowa, there's -- Coach Ferentz and Coach Doyle might ·7· ·transferring part was Coach Woods, when I spoke to
·8· ·as well be the governors of the whole state.· There ·8· ·him.· Coach Wallace, obviously he's my coach. I
·9· ·is nothing that they don't have power over.· They ·9· ·have to tell him.
10· ·made it feel like from the -- from the things that 10· · · · · · ·Because I even remember another incident
11· ·they say, from the way that the players and stuff 11· ·where another teammate of mine transferred, and he
12· ·talk about them, that if you don't have them in your 12· ·didn't tell him.· And he brought it up to me.· He
13· ·good graces, you have no opportunity whatsoever. 13· ·was like -- he was like, "Hey, Angelo had just
14· ·You're blacklisted.· You're done. 14· ·transferred, and one of the coaches from the schools
15· · · · · · ·I -- I remember Coach Doyle specifically 15· ·called me and was asking about him."· He's like,
16· ·saying that "Hey" -- for example, Akrum Wadley, he 16· ·"What do you think I can say about a guy that
17· ·was like, "Yeah, you think" -- "what do you think 17· ·doesn't even tell his own coach that he's
18· ·the NFL scouts say when players don't" -- "when 18· ·transferring?"
19· ·players don't train at the University of Iowa?" 19· · · · · · ·So when it was my turn, I felt -- I
20· ·He's like, "You guys want to go to EXOS and all 20· ·remembered that conversation.· I was like, well, you
21· ·these training facilities and" -- blah, blah, blah, 21· ·know, I probably should talk to Coach Wallace about
22· ·blah, blah -- "but whenever you guys aren't here," 22· ·it, because, you know, at least he's been on -- been
23· ·he's like, "you guys are" -- "you're running away. 23· ·with me one-on-one.· He can probably vouch to my
24· ·You're soft.· Like, what do" -- he said, "What do 24· ·athletic ability and things like that of that
25· ·you think" -- "what do you think I say to them?" 25· ·nature.

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·1· · · · Q.· ·You used the words "with the support of my ·1· ·other players that didn't end up coming.· I don't
·2· ·coaches," and you referenced Mr. Parker, ·2· ·remember their names specifically.· But, really, a
·3· ·Mr. Wallace, and ... ·3· ·lot of the class that involved, like, Michael
·4· · · · A.· ·Coach Woods. ·4· ·Ojemudia.· All those players, I was around them in
·5· · · · Q.· ·I'm sorry? ·5· ·some capacity in their recruiting visits.
·6· · · · A.· ·Coach Woods. ·6· · · · Q.· ·Were you primarily involved in recruiting
·7· · · · Q.· ·And Coach Woods.· Were there any other ·7· ·players that were expected to be on the defense?
·8· ·coaches that you believed you had the support of? ·8· · · · A.· ·All of the players that I recruited were
·9· · · · A.· ·My old coach, Coach Reid, and Coach ·9· ·all black, and I believe that they were on defense,
10· ·Kennedy as well and then my high school coaches, 10· ·yes.
11· ·obviously. 11· · · · Q.· ·Would you be involved in --
12· · · · Q.· ·Well, which of the coaches did you have 12· · · · A.· ·Oh, no.· Sorry.· No.· Toks was on offense.
13· ·the support of when you made the decision to pursue 13· ·So no, that's not completely true.
14· ·a graduate transfer?· Who were you referring to? 14· · · · Q.· ·Any other offensive players that you --
15· · · · A.· ·Coach Wallace, Coach -- my high school 15· ·occur to you that you were part of the recruiting
16· ·coaches, Coach Parker.· I mean, the defensive staff, 16· ·for?
17· ·really.· But, I mean, I don't know if it was just -- 17· · · · A.· ·I believe I was there when Adrian Falconer
18· ·like, besides Coach Parker -- I mean, he's the only 18· ·was being recruited as well, but I don't -- he
19· ·one -- like I said, he called a coach for me, which 19· ·wasn't my direct recruit.· But like I said, we would
20· ·was -- you know, I appreciate him doing that. 20· ·all -- I mean, it's -- being a recruit host is kind
21· · · · Q.· ·Who did Mr. Parker call?· Do you know? 21· ·of, you know, introducing them to the team and
22· · · · A.· ·I believe it was Coach Schoonover at -- or 22· ·getting around the guys.· So, like, that's pretty
23· ·sorry, not Schoonover -- Coach Brock Spack at 23· ·much the -- you know, you get the recruits.· You
24· ·Illinois State. 24· ·meet them at the -- and then we all meet up together
25· · · · Q.· ·Were you part of that conversation? 25· ·and do something later.· So they all can have -- so
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·1· · · · A.· ·Like, on the phone? ·1· ·they can have the opportunity to meet each other and
·2· · · · Q.· ·Yeah. ·2· ·meet the players as well.
·3· · · · A.· ·No.· But I know that they were friends ·3· · · · Q.· ·So why did you consider your role as being
·4· ·at some -- well, I don't know that, but they've told ·4· ·the predominant recruiter for the Iowa football
·5· ·me that they were friends or had worked together or ·5· ·program among the players?
·6· ·some type of rel- -- they had some type of ·6· · · · A.· ·I feel like they thought that I was, you
·7· ·relationship where they felt they could trust each ·7· ·know, a black person that had assimilated into the
·8· ·other's, you know, word. ·8· ·Iowa culture, and that if they got people around me,
·9· · · · Q.· ·I want to talk to you now about recruiting ·9· ·that they would, I guess, see that this is somebody
10· ·as part of an Iowa football program.· Did you host 10· ·that was, like, doing it the right way or something
11· ·recruits when you were part of the Iowa football 11· ·like that or be easily molded or something like
12· ·program? 12· ·that.· I just felt like they didn't want to put them
13· · · · A.· ·Yes, I did. 13· ·around certain guys.· So they chose me, because they
14· · · · Q.· ·For what years did you host recruits? 14· ·thought that, you know, I would, I guess, vouch for
15· · · · A.· ·A lot of them.· I was -- I would say that 15· ·this being a normal -- a normal thing.
16· ·I recruited a lot of -- I was -- I felt like I was 16· · · · Q.· ·You recommended the Iowa football program
17· ·the predominant recruiter. 17· ·to recruits, because you believed it was a good
18· · · · Q.· ·Who were you involved in hosting?· What 18· ·program, didn't you?
19· ·players? 19· · · · A.· ·I knew that it was an opportunity to play
20· · · · A.· ·One-on-one I know for sure was, like -- I 20· ·football, but I didn't think that -- I mean, I was
21· ·couldn't tell you the exact names.· It was kind 21· ·really -- I was doing what I was told.· I obviously
22· ·of -- whenever you host, like, there's a bunch of us 22· ·wanted the opportunity as well to play.· I could
23· ·together.· So we kind of all interact.· I would say 23· ·really care less about recruiting.· That's not my
24· ·who I had interaction with, I know, was Toks, 24· ·job.· That's a coach's job.· A player's job is not
25· ·Emmanuel Ogwo, Jerminic Smith -- who else? -- some 25· ·recruiting players.· It's to play.· And so if they

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·1· ·were grooming me to be a leader or a person that ·1· ·utilized to take people out, but, like, I'm not a
·2· ·they thought was in line with what they wanted, then ·2· ·recruiter.· I'm not -- no one gave me a class of
·3· ·I was just going to do it, because that's what I was ·3· ·what to tell these people to come here.· Like,
·4· ·told. ·4· ·they -- at this point University of Iowa -- I mean,
·5· · · · Q.· ·Did you tell recruits that Iowa was a good ·5· ·it feels like it's very strategic in the way they do
·6· ·football program? ·6· ·things.· A lot of people that come on visits haven't
·7· · · · A.· ·I didn't really have an opinion.· That's ·7· ·gone anywhere else.· They don't know any different.
·8· ·not -- that wasn't my job.· It wasn't my job to ·8· ·So it wasn't -- you know, they don't know any
·9· ·convince them to come.· That's the coaches' job. I ·9· ·different.· It's just they're coming -- at that
10· ·was just there to show them what -- what, I guess, 10· ·point, once they've came on a visit, they're pretty
11· ·the University was like. 11· ·much -- I don't know.· I feel like they're more in
12· · · · Q.· ·Did you ever tell a single recruit that 12· ·than they're out at that point.· Like, they pretty
13· ·the Iowa football program was a good program? 13· ·much have already decided to come.
14· · · · A.· ·No.· That's not even something that they 14· · · · · · ·(Mr. LaRon Taylor entered the deposition.)
15· ·would ask. 15· · · · Q.· ·(By Mr. Stone)· Did you know whether the
16· · · · Q.· ·Independent of whether they asked it of 16· ·coaches who put you in that role as the predominant
17· ·you, Mr. Mends, did you ever tell any recruit, 17· ·recruiter among the players for athletes and hosting
18· ·during your role as the predominant recruiter of the 18· ·recruits that visit the University -- that they
19· ·Iowa players football program during the five years 19· ·believed that you had had a good experience at the
20· ·you were there, that the Iowa football program was a 20· ·University of Iowa?
21· ·good program? 21· · · · A.· ·Could you say that again.
22· · · · A.· ·I do not recall saying anything like that. 22· · · · Q.· ·Did you believe that the coaches who gave
23· ·That wasn't my job.· We would just, you know, take 23· ·you the role of being the predominant recruiter, as
24· ·them out.· That was really my job, was just take 24· ·you said, of candidates or recruits -- that they
25· ·them out, show them a good time. 25· ·believed that you had had a good experience at Iowa?
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·1· · · · Q.· ·Did you recommend to recruits that they ·1· · · · A.· ·I don't think it was based on my
·2· ·become part of the Iowa program because you enjoyed ·2· ·experience.· I think they just figured, like, hey,
·3· ·participating in the program? ·3· ·like, this dude does what he's told.· He doesn't get
·4· · · · A.· ·Could you -- sorry.· Could you say that ·4· ·in trouble.· And, you know, if we can put someone in
·5· ·again.· I don't understand. ·5· ·front of his face -- put someone in front of their
·6· · · · Q.· ·Sure.· I'll try to rephrase it, Mr. Mends. ·6· ·face that, you know, outwardly facing is a good
·7· ·Did you recommend to recruits that you were hosting ·7· ·black person, I guess, is -- then they would want to
·8· ·or part of the recruiting effort that they should ·8· ·come here.· They would always do that.· They
·9· ·come to Iowa because you enjoyed participating in ·9· ·would -- I felt like a scapegoat.· Like, they
10· ·the Iowa program?· Did you make statements to that 10· ·were -- I was a token, basically.· They would, like,
11· ·effect? 11· ·use me to lure people in, like, oh, hey, like, Aaron
12· · · · A.· ·Not that I recall. 12· ·is here.· He likes it.· Like, we're going to plaster
13· · · · Q.· ·So what is that you would say to recruits 13· ·his poster everywhere and make it seem like this is
14· ·as the predominant recruiter of the players for the 14· ·all good and dandy, but just, like, yeah, come on
15· ·Iowa football program? 15· ·in.· He's a good dude.· Like, if -- he's very liked.
16· · · · A.· ·I was -- I talked to them about, you know, 16· ·People -- I'm very honest and trustworthy.
17· ·what their -- if they had any other offers, what 17· ·People -- I don't know -- they just -- I guess I'm
18· ·kind of schools they, you know, were offered from, 18· ·relatable in that way.· So, you know, if I'm around
19· ·if they had been on any other visits.· And I would 19· ·people, you know, I just -- people are, you know --
20· ·take them out, show them a good time.· I mean, Iowa 20· ·I don't know.· They would -- they did the same thing
21· ·City is a fun place if you're a college student. 21· ·with, like, Jordan Lomax, for example.· He's -- when
22· ·I'd take them around the facility, show them all the 22· ·I was there, he was the guy that everyone was like,
23· ·things that we had.· And that was about it. 23· ·"Yeah, you need to be like Jordan.· You need to be
24· · · · · · ·It really wasn't my job -- like, I 24· ·like Jordan.· Like, Jordan does things the right
25· ·wouldn't say I was the predominant -- I was often 25· ·way.· If you aren't like Jordan, then, you know,

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·1· ·there's" -- "this isn't going to work for you." ·1· ·are some non-plaintiffs that are participating in
·2· · · · · · ·I've been told multiple times this isn't ·2· ·today's deposition.· I don't think they're permitted
·3· ·Aaron Mends University.· This isn't blase-blah ·3· ·to be present.
·4· ·university.· But it's supposed to be the University ·4· · · · · · ·MS. MATE-KODJO:· Let's see.· Who are you
·5· ·of Iowa, a public institution, but it's not that. ·5· ·referring to?
·6· ·It's Coach Ferentz University and Coach Doyle's ·6· · · · · · ·MR. STONE:· There was a Mr. Harris and
·7· ·University. ·7· ·Mr. Martin-Manley, and then there's Mr. -- phone
·8· · · · Q.· ·Let me ask you about the death of George ·8· ·number, I think, for Mr. Coop, which I assume is
·9· ·Floyd.· Do you know that Mr. Floyd was killed or ·9· ·Mr. Cooper, which he is a plaintiff, but I think you
10· ·murdered by the police in Minneapolis about May 26th 10· ·have two non-plaintiffs, or so I'm told.
11· ·of 2020? 11· · · · · · ·MS. MATE-KODJO:· Do you have any objection
12· · · · A.· ·Yes.· Well, I'm not sure of the exact 12· ·to them participating in another manner listening
13· ·date, but I am familiar with the incident. 13· ·in?
14· · · · Q.· ·You know it happened sometime before 14· · · · · · ·MR. STONE:· Yes.· I don't think they're
15· ·June 1st, and you're familiar with the events that 15· ·permitted to attend as nonparties.· It's not a
16· ·surrounded his death, basically; that's a fair 16· ·public proceeding.
17· ·statement? 17· · · · · · ·MS. MATE-KODJO:· Give me a moment to
18· · · · A.· ·Correct. 18· ·consult with my co-counsel.
19· · · · Q.· ·What was different for you, if anything, 19· · · · · · ·REPORTER:· Do we need to go off the
20· ·after the death of George Floyd? 20· ·record?
21· · · · A.· ·I mean, it was just the awareness of 21· · · · · · ·MR. STONE:· No.· I think we'll stay on the
22· ·people just -- not that -- not that that stuff 22· ·record.· Thank you.
23· ·doesn't occur, but just that it happened so close to 23· · · · · · ·REPORTER:· Okay.
24· ·home and that -- you know, it was tough.· It was a 24· · · · · · ·MS. MATE-KODJO:· Roger, let us figure out
25· ·sad situation.· I mean, I had personally had my own 25· ·who's a nonparty plaintiff, and we'll get this
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·1· ·encounters with the police and had done nothing ·1· ·sorted out.· Give us just a moment.
·2· ·wrong, and it's just -- I've seen something ·2· · · · · · ·THE VIDEOGRAPHER:· And again, stay on the
·3· ·potentially almost go bad when I was in Iowa City. ·3· ·record or go off, Mr. Stone?
·4· ·And so it was just like, wow, like -- it was just -- ·4· · · · · · ·MR. STONE:· We can go off the record at
·5· ·I don't know.· It was just -- I think it was a tough ·5· ·this point.
·6· ·time for a lot of people, not just me but, you know, ·6· · · · · · ·THE VIDEOGRAPHER:· Okay.· Off the record
·7· ·other black people all across the country. ·7· ·at 10:22 a.m.
·8· · · · Q.· ·Do you have before you -- ·8· · · · · · ·(Discussion off the record.)
·9· · · · · · ·MS. MATE-KODJO:· Sorry.· I was trying to ·9· · · · · · ·(Mr. Kevonte Martin-Manley and Mr. LaRon
10· ·interrupt.· Roger, could we take a break soon? 10· ·Taylor exited the deposition.)
11· · · · · · ·MR. STONE:· Yeah, we can. 11· · · · · · ·THE VIDEOGRAPHER:· On the record at
12· · · · · · ·MS. MATE-KODJO:· After a line of 12· ·10:25 a.m.
13· ·questioning or ... 13· · · · Q.· ·(By Mr. Stone)· Mr. Mends, we're going to
14· · · · · · ·MR. STONE:· Yeah.· Why don't we take it 14· ·resume again.· Was your participation as a host in
15· ·now and -- 15· ·the recruiting process for the Iowa football program
16· · · · · · ·MS. MATE-KODJO:· Sorry to interrupt. I 16· ·a voluntary role?
17· ·tried to catch you in a pause, but I was muted. 17· · · · A.· ·Yes, it was voluntary.
18· · · · · · ·MR. STONE:· That's fine.· That's fine. 18· · · · Q.· ·Did you injure your Achilles tendon when
19· · · · · · ·THE VIDEOGRAPHER:· Off the record at 19· ·you were at Illinois State?
20· ·10:04 a.m. 20· · · · A.· ·Yes.
21· · · · · · ·(A brief recess was taken.) 21· · · · Q.· ·What happened, sir?
22· · · · · · ·THE VIDEOGRAPHER:· On the record at 22· · · · A.· ·I was in a workout, and I tore it.
23· ·10:20 a.m. 23· · · · Q.· ·Do you know about when you tore it?
24· · · · · · ·MR. STONE:· Thank you. 24· · · · A.· ·I believe February.
25· · · · · · ·Beatriz, it's my understanding that there 25· · · · Q.· ·February of what year?

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·1· · · · A.· ·When was it?· It was, I think, twenty -- ·1· ·need to see a doctor or trainer?
·2· ·beginning of 2020, I believe. ·2· · · · A.· ·No.· I mean, I feel like I was -- you
·3· · · · Q.· ·So it was after you had come back to Iowa ·3· ·know, I was healed up by that point.· But as anybody
·4· ·and requested a chance to use the workout ·4· ·that's ever had an injury, you know, it's important
·5· ·facilities? ·5· ·that you still do something to maintain it.· You
·6· · · · A.· ·No, no, no.· This was immediately after I ·6· ·know, if you've -- if something's been injured, you
·7· ·had got to the University.· So I -- after ·7· ·always want to keep -- you know, keep an extra eye
·8· ·graduation -- ·8· ·on it to make sure that it's keeping up with the
·9· · · · Q.· ·Okay. ·9· ·rest of you.
10· · · · A.· ·-- I had -- that following February. 10· · · · Q.· ·And so as you trained to try out for the
11· · · · Q.· ·Let me try to put some context on that. 11· ·pros, you were aware of and conscious and dealing
12· ·My records, I believe, show that you left the 12· ·with your recovering Achilles tendon; is that fair
13· ·University December of 2018 and entered Illinois 13· ·to say?
14· ·State in about that time or the spring semester of 14· · · · A.· ·Well, it had been recovered, because I had
15· ·2019.· Is that your recollection, Mr. Mends? 15· ·been cleared months prior to play, but it was
16· · · · A.· ·Yes. 16· ·just -- you know, if you ever had a prior injury,
17· · · · Q.· ·And so you then injured your Achilles 17· ·it's just something that you pay extra attention to.
18· ·tendon sometime in February of 2019? 18· ·But it wasn't like it was the only thing that I was
19· · · · A.· ·Yes. 19· ·working on.· I was training my full body to make
20· · · · Q.· ·And then you recovered sufficiently to 20· ·sure I was prepared to go to the next level.
21· ·play ball at Illinois State; is that right? 21· · · · Q.· ·You mentioned that you talked with Josey
22· · · · A.· ·Yes. 22· ·Jewell and Ben Niemann before you approached
23· · · · Q.· ·Were you undergoing treatment during the 23· ·University of Iowa about using its training
24· ·year of 2019 for your Achilles tendon? 24· ·facility.· Have you told me everything that you can
25· · · · A.· ·Yes. 25· ·recall about the conversations you had with Josey
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·1· · · · Q.· ·Did it recover fully, in your opinion? ·1· ·Jewell and Ben Niemann?
·2· · · · A.· ·I mean, I -- it was good enough to play. ·2· · · · A.· ·At that time, yes.
·3· ·I didn't really have -- I didn't have many options ·3· · · · Q.· ·Yeah.· I mean, these were guys that were
·4· ·left.· I felt like -- you know, been my senior ·4· ·your friends over a period of years and that were
·5· ·season.· So it was good enough.· And it didn't -- I ·5· ·linebackers who played for Iowa and later played pro
·6· ·wasn't in pain every day.· So I had to just go with ·6· ·ball or continue to play pro ball.· And I'm curious
·7· ·what I had. ·7· ·about the conversation that you relayed prior to
·8· · · · Q.· ·Did you receive treatment during the fall ·8· ·your return to Iowa to seek out using the athletic
·9· ·of 2019 for your Achilles tendon while you were ·9· ·facilities.· Have you told me everything about that
10· ·playing for Illinois State? 10· ·conversation with Mr. Jewell and Mr. Niemann at the
11· · · · A.· ·Yes, I did. 11· ·time that you can recall?
12· · · · Q.· ·And then as you finished that season and 12· · · · A.· ·Yes, I believe so.
13· ·began to train to become an NFL player, were you 13· · · · Q.· ·Okay.· Let me share my screen again.
14· ·also experiencing issues with your Achilles tendon 14· · · · · · ·Mr. Mends, do you have before you two
15· ·or did you need any treatment regarding your 15· ·panels of a text message?· Why don't you take a
16· ·Achilles tendon, say, during the months of 16· ·minute to read it, please.
17· ·December 2019 through April of 2020? 17· · · · A.· ·(Witness complies.)
18· · · · A.· ·Can you give me those dates again. 18· · · · · · ·Okay.
19· · · · Q.· ·Yeah.· And what I'm asking about is after 19· · · · Q.· ·You've read it now, Mr. Mends?
20· ·the completion of your football participation at 20· · · · A.· ·Yes.
21· ·Illinois State and when you came back to Iowa to 21· · · · Q.· ·Is this a text message or a tweet that you
22· ·request to use the training facility.· Were you 22· ·authored?
23· ·having any residual issues or concerns or treatment 23· · · · A.· ·This is a tweet, yes.
24· ·or anything to do with your Achilles tendon that 24· · · · Q.· ·And is that your site or your tweet or
25· ·affected your performance or health or treatment or 25· ·address that's up in the right-hand corner where it

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·1· ·says "Amen @mends31"? ·1· ·than just dismiss this as an angry, disgruntled
·2· · · · A.· ·Yes. ·2· ·person.
·3· · · · Q.· ·It says, "There are copious examples of ·3· · · · Q.· ·You were gone from the Iowa program when
·4· ·team rules disguised as 'culture' that may or may ·4· ·you wrote this tweet; correct?
·5· ·not be intentionally oppressive in nature."· Do you ·5· · · · A.· ·I was.
·6· ·see those words? ·6· · · · Q.· ·You had not been involved with playing at
·7· · · · A.· ·Yes. ·7· ·the Iowa football program since the spring game of
·8· · · · Q.· ·What are those team rules that you're ·8· ·twenty -- or before the spring game of 2018; is that
·9· ·referring to? ·9· ·correct?
10· · · · A.· ·I guess the way that -- the type of things 10· · · · A.· ·Yes.
11· ·you're allowed to wear into the training facility, 11· · · · Q.· ·You say in the -- I think it's the fourth
12· ·the way your hair is, the things that go on in the 12· ·sentence -- "As we know, freedom of expression is
13· ·locker room, any of the decisions that go into how 13· ·very important to the growth and development of
14· ·we move forward as a team, things of that nature. 14· ·young men."· Did I read that correctly?
15· · · · Q.· ·You admit that those rules may or may not 15· · · · A.· ·Yes.
16· ·be intentionally oppressive based on your experience 16· · · · Q.· ·The freedom of expression was the issue
17· ·at Iowa; correct? 17· ·that you singled out in this tweet; isn't that a
18· · · · A.· ·I believe that some of them were 18· ·fair statement, Mr. Mends?
19· ·intentional.· Some of them might be unintentional, 19· · · · A.· ·I think it was one of the things that I
20· ·but there is definitely some that there is no other 20· ·brought up, but there was, you know, more -- that
21· ·logical explanation as to why. 21· ·was, like you said, the fourth sentence.· There was
22· · · · Q.· ·And when you refer to them jointly, you 22· ·more to what I wrote.
23· ·describe them as they "may or may not be 23· · · · Q.· ·Well, what else is it that you're talking
24· ·intentionally oppressive in nature"; correct? 24· ·about besides the freedom of expression?
25· · · · A.· ·I wasn't speaking about all rules. I 25· · · · A.· ·I would have to read through it again.
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·1· ·think some of the rules, you know, just added to it. ·1· · · · Q.· ·Why don't you read through it again and
·2· ·So some of the rules were there because they wanted ·2· ·tell me, Mr. Mends.
·3· ·to stop a certain type of behavior, which is a part ·3· · · · A.· ·Just in the first few sentences, culture.
·4· ·of being a black man.· And then some of the rules ·4· ·They disguised things as culture.· This is the whole
·5· ·were just thrown on top, and maybe they felt like ·5· ·idea of Iowa culture.· The "Iowa way" was a ruse to
·6· ·that that wasn't, you know, racist or oppressive, ·6· ·try and make it seem like, you know, you needed to
·7· ·but it was.· But I -- I'm not speaking about all ·7· ·behave in a certain manner to be a well-rounded
·8· ·rules when I say intentionally or unintentionally. ·8· ·individual.· But in the world we live in, there's
·9· · · · Q.· ·This was after George Floyd's death that ·9· ·different -- I can't be a well-rounded individual
10· ·you wrote this tweet; correct? 10· ·and not be a black man, because that's what I am.
11· · · · A.· ·I believe so. 11· ·When I leave the facility, when I leave my home,
12· · · · Q.· ·And those were the words that you chose to 12· ·when I go out into the world, I'm a black man in the
13· ·use after George Floyd's death to describe your 13· ·world.· And if you're denying me of that in my
14· ·experience at the University of Iowa; correct? 14· ·most -- and college is when you -- you know, you
15· · · · A.· ·Yeah.· It was -- when I wrote this, it was 15· ·build the fundamentals of -- you know, of your life.
16· ·something that I wanted to make sure I worded very 16· ·It's a time where you take on a lot of information.
17· ·carefully.· I didn't want it to feel like -- I 17· ·It's who -- a lot of people form who they are at
18· ·wanted to -- I don't know -- be very careful of how 18· ·that point in life.· You know, they're figuring out
19· ·I wrote it. 19· ·who they are as an adult.· And if I can't be a black
20· · · · · · ·I know as a black player, especially 20· ·man, what am I going to be as a -- it just doesn't
21· ·someone that doesn't go on to the NFL, everyone 21· ·make sense to me of how you can live a meaningful
22· ·assumes that you're just angry or upset or want to, 22· ·life and not have the freedom to express who you are
23· ·you know, get a handout in some type of capacity. 23· ·and be who you are, because I can't change that. I
24· ·So I wanted to put it in a way that I felt like a 24· ·can't change the way that I look.
25· ·white man would read it and actually listen, rather 25· · · · Q.· ·And what you were getting at in this tweet

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·1· ·was the freedom of expression is important for the ·1· ·the Iowa football facility in traditional African
·2· ·growth and development of young men, and that's one ·2· ·dress; isn't that a true statement?
·3· ·of the things that you wanted to change; isn't that ·3· · · · A.· ·That is true.
·4· ·a fair statement? ·4· · · · Q.· ·So you were never ridiculed for wearing
·5· · · · A.· ·I wanted to change the freedom of ·5· ·traditional Iowa [sic] dress in the Iowa football
·6· ·expression for black men.· I don't think that there ·6· ·facility, were you, sir, because you never entered
·7· ·was an issue with the way that white people were ·7· ·the Iowa football facility with such dress on?
·8· ·allowed to express themselves.· We would have ·8· · · · A.· ·That's correct.
·9· ·players that would come into team meals wearing full ·9· · · · Q.· ·You wrote that "Every good organization
10· ·camouflage after they had just gone duck hunting. 10· ·has rules that help them to be successful, which is
11· ·That's something they like to do.· That was 11· ·to be expected."· Do you see those words?
12· ·something they enjoyed.· And I don't see an issue 12· · · · A.· ·Yes.
13· ·with that.· But if a black player were to do -- to 13· · · · Q.· ·You know that football takes discipline
14· ·dress in -- if I were to dress in African clothing, 14· ·and rules and teamwork and hard work and
15· ·that would be -- I'd be ridiculed.· It'd be funny. 15· ·coordination; is that a fair statement?
16· ·Like, I'm African.· My middle name is Kwesi.· Like, 16· · · · A.· ·Yes, I agree.· It does.
17· ·it just wouldn't be something that's okay.· There's 17· · · · Q.· ·You want to be a coach; correct,
18· ·just double standards.· And I don't think that -- 18· ·Mr. Mends?
19· ·especially for black people of -- being oppressed 19· · · · A.· ·I have not said that or expressed those
20· ·is, like, a reoccurring theme that we've seen, and 20· ·aspirations.· I mean, I'm sure it could be a
21· ·for some reason it just -- it's like black people -- 21· ·possibility in the future, but as of such, I've not
22· ·I don't know.· For black people it doesn't matter. 22· ·worked -- I'm not sure how to become a coach.· I did
23· ·If people deny you the ability to be a black man, it 23· ·a little bit of, you know, personal training, if
24· ·doesn't matter.· It's like we don't have feelings or 24· ·you're considering that coaching, maybe, but as far
25· ·something.· Like, it doesn't matter to us.· But if I 25· ·as football coaching, I have not worked it as a
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·1· ·were to say, "Hey, like, you're not allowed to wear, ·1· ·football coach.
·2· ·you know, cowboy boots in the building," that would ·2· · · · Q.· ·Did you apply to be a coach?
·3· ·be -- you know, that would be an issue.· People ·3· · · · A.· ·No.
·4· ·would be like, "This is messed up.· Like, how come I ·4· · · · Q.· ·Have you sought out coaching positions?
·5· ·can't be country?· Like, I'm patriotic.· Why can't I ·5· · · · A.· ·I don't believe so, no.· No.
·6· ·be that?" ·6· · · · Q.· ·Have you talked with any former coaches
·7· · · · Q.· ·Did somebody -- did you attempt to wear ·7· ·about coaching opportunities?
·8· ·African clothing or African dress or traditional ·8· · · · A.· ·And are you speaking to the college level?
·9· ·African dress into the Iowa football building? ·9· ·high school level?· I've spoken to my high school
10· · · · A.· ·No.· That's not something that I would 10· ·coaches.· I mean, they'd reach out to me, because I
11· ·feel comfortable doing, and it's not something that 11· ·was a Division 1 football player, if I'd like to be
12· ·I would, you know, do all the time.· Like, when I 12· ·a coach.· And I've came and watched a few practices,
13· ·was at home, obviously, I have pictures of me 13· ·but I've never, you know, had a discussion about,
14· ·wearing stuff like that, but that just wouldn't be 14· ·hey, I would like to get into -- I would like to be
15· ·something that I would even think to do.· Like, why 15· ·mentored into becoming a coach.· No.
16· ·would I ostracize myself, make myself feel 16· · · · Q.· ·Did you ever formally apply for a coaching
17· ·different?· I already felt different.· I already 17· ·position at any school or institution or entity of
18· ·felt like I was pushed to the corner or the side of 18· ·any kind?
19· ·the team.· So why would I do anything to bring more 19· · · · A.· ·I do not believe so.
20· ·attention to myself?· I was really just trying to 20· · · · Q.· ·Did you ever talk with Miles Taylor about
21· ·navigate it in a way where I would just -- you know, 21· ·being a strength coach?
22· ·my merit was based on my playing ability and my 22· · · · A.· ·Miles Taylor reached out to me about doing
23· ·character, rather than always worrying about -- I 23· ·something like that.· He's very ambitious and -- I
24· ·don't know -- some external factor. 24· ·don't know how to put it.· I mean, he's just a
25· · · · Q.· ·The fact is, Mr. Mends, you never entered 25· ·personality you'd have to get to understand.· But

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·1· ·that was more his aspirations, not mine.· It just ·1· · · · Q.· ·This is just not true, is it, Mr. Mends?
·2· ·was he wanted us to -- we're really good friends, ·2· · · · A.· ·I believe it's a mistake.
·3· ·and I think he wanted us to be close, you know, just ·3· · · · Q.· ·And by "mistake" you mean it's not a true
·4· ·like -- and maybe help me out or something, because ·4· ·statement.· Is that a fair characterization?
·5· ·football wasn't something that was going to be, I ·5· · · · · · ·MS. MATE-KODJO:· Objection.· Misstates his
·6· ·guess, in my future, because I -- but no, I don't -- ·6· ·testimony.
·7· ·I never have said, "Hey, Miles, I want to become a ·7· · · · Q.· ·(By Mr. Stone)· Well, let me ask you:· Is
·8· ·strength coach."· No.· I don't even have a ·8· ·the statement true, Mr. Mends, that you have applied
·9· ·certification.· So that would be -- no, that ·9· ·for open positions?· Is that a true statement?
10· ·wouldn't even be a possibility for me to be a 10· · · · A.· ·I have not applied for coaching positions.
11· ·strength coach. 11· · · · Q.· ·You go on to say that you've "attempted to
12· · · · Q.· ·We'll come back to this exhibit.· Let me 12· ·inform employees that the impression of him giving
13· ·see if I can put another exhibit in front of you, 13· ·by Defendants is not accurate."· Is that a true
14· ·Mr. Mends, while we're on this subject. 14· ·statement, Mr. Mends?
15· · · · · · ·Do you see now before you your answers and 15· · · · A.· ·Not in a coaching capacity, no.
16· ·objections to interrogatories? 16· · · · Q.· ·And let's go back to page 15,
17· · · · A.· ·Yes. 17· ·Interrogatory No. 21.· It's true, Mr. Mends, that
18· · · · Q.· ·And let me go down to the end -- excuse 18· ·you've not attempted to obtain any college coaching
19· ·me.· Is that your electronic signature on page 20? 19· ·job of any kind, have you, sir?
20· · · · A.· ·Yes. 20· · · · A.· ·No.
21· · · · Q.· ·I want to find page 15. 21· · · · Q.· ·So isn't it an exaggeration and not true
22· · · · · · ·Interrogatory No. 21 says, "Do you 22· ·that you say that the defendants' actions have
23· ·attribute any loss of income, benefits, or earning 23· ·caused you to be denied an opportunity to obtain a
24· ·capacity to any alleged misconduct?· If so, state 24· ·college coaching job, because you've not even sought
25· ·the total amount of income, benefits, or earning 25· ·one?
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·1· ·capacity you believe you have lost to date and how ·1· · · · A.· ·I believe this to be some sort of mistake.
·2· ·the amount was calculated." ·2· ·I ...
·3· · · · · · ·Your answer was, "Yes.· Defendants' ·3· · · · Q.· ·All right.· Somebody got you confused
·4· ·actions caused Plaintiff Mends damages resulting ·4· ·perhaps with somebody else -- or at least it's a
·5· ·from Defendants' actions that have denied Plaintiff ·5· ·mistake.· You'll admit that much?
·6· ·Mends the opportunity to obtain a college coaching ·6· · · · A.· ·Yes.
·7· ·job.· Plaintiff Mends has lost the opportunity for ·7· · · · Q.· ·Okay.· Thank you.
·8· ·annual salaries of 150,000 to 300,000 since his ·8· · · · · · ·Let's go back to Exhibit No. 3, which was
·9· ·graduation from Illinois State in 2020." ·9· ·the tweet that we had up before.· Is it now before
10· · · · · · ·And then I want to refer you over to 10· ·you again, Mr. Mends?
11· ·page 16.· Question No. 23 -- Interrogatory No. 23 11· · · · A.· ·Yes, I see it.
12· ·says, "Have you attempted to minimize the amount of 12· · · · Q.· ·You suggest that -- let me find the words.
13· ·your lost income?· If so, describe how; if not, 13· · · · · · ·On the second panel below, it says,
14· ·explain why not." 14· ·"However there comes a point where at a public
15· · · · · · ·Your answer was, "Plaintiff Mends has 15· ·university there needs to be a line drawn to allow
16· ·applied for open positions and attempted to inform 16· ·people from all walks of life to grow in their own
17· ·employees that the impression of him giving by 17· ·manner."· Did I read that correctly?
18· ·Defendants is not accurate." 18· · · · A.· ·Yes.
19· · · · · · ·Who prepared these answers, Mr. Mends? 19· · · · Q.· ·What does that mean, Mr. Mends?
20· · · · A.· ·I helped prepare them. 20· · · · A.· ·At a public university, all students
21· · · · Q.· ·You prepared them? 21· ·should have an equal opportunity to, you know,
22· · · · A.· ·I helped to prepare them, yes. 22· ·express themselves, to earn a college degree, and to
23· · · · Q.· ·So when it says you've applied for open 23· ·be who they are.· I think there's a point where the
24· ·positions, what open positions did you apply for? 24· ·rules, obviously, as you stated before, are
25· · · · A.· ·I believe this to be a mistake. 25· ·important to any organization.· There's things that,

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·1· ·you know, need to be there to have a successful ·1· ·should not have rules or practices, are you?
·2· ·football team, but whenever you're overstepping the ·2· · · · A.· ·No, I'm not.
·3· ·boundaries of just what makes people who they are, ·3· · · · Q.· ·And you were saying that when you were in
·4· ·then I think that's damaging, especially to black ·4· ·your -- away from the football field and the
·5· ·players, when that's oftentimes the case.· We're not ·5· ·practice field and the football building, you were
·6· ·given the opportunity to be who we are, and we have ·6· ·permitted to grow and walk in the manner in which
·7· ·to hide who we are, and it kind of marginalizes. ·7· ·you chose; correct, Mr. Mends?
·8· ·When we walk -- when we are at home, we can be who ·8· · · · A.· ·Not necessarily.· It was -- it got to the
·9· ·you are, talk to who you want to, be who you want to ·9· ·point at Iowa where it was a 24-hour just onslaught.
10· ·be, you know, as far as -- you know, abide by the 10· ·We had -- like, by the time I left, we had
11· ·most ethical standards of, you know, what it means 11· ·wristbands that would monitor your sleep schedule,
12· ·to be a football player and a person.· But as soon 12· ·your -- just random metrics that would be very
13· ·as you get into the building, now that standard is 13· ·difficult to prove.
14· ·completely gone.· It's like, hey, you need to act in 14· · · · · · ·I know I remember an instance we had a
15· ·this manner or you're not going to be successful 15· ·student athlete who was a black athlete, Dominique
16· ·here. 16· ·Dafney, who was berated in front of the entire team,
17· · · · · · ·And I think that's especially damaging to 17· ·because a wristband said that he hadn't gotten
18· ·black people.· That -- and that's who it's happening 18· ·adequate sleep the night before.· And it got to the
19· ·to.· We're -- as soon as we walk in the building, we 19· ·point where now, like, it's not even just in the
20· ·don't feel comfortable.· We're marginalized and made 20· ·building; it's you're being monitored 24/7.
21· ·to feel like we're second-class student athletes or 21· · · · Q.· ·Did you -- have you now told me what you
22· ·mostly -- really just athletes.· I mean, it doesn't 22· ·know about people being reprimanded for sleep bands?
23· ·even feel like we're student athletes.· We're just 23· · · · A.· ·Excuse me?
24· ·there to accomplish a task for the University. 24· · · · Q.· ·Let me ask you, Mr. Mends -- you gave us
25· · · · Q.· ·Have you been involved with coaches other 25· ·the example of one individual who was reprimanded in
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·1· ·than at Iowa, Illinois State, and your high school? ·1· ·front of the team, you say, because his sleep band
·2· ·Have you been involved with coaches? ·2· ·showed he did not get sleep.· Is that what you were
·3· · · · A.· ·I mean, like, my Little League coaches. ·3· ·telling us about?
·4· · · · Q.· ·I just -- ·4· · · · A.· ·Yes.
·5· · · · A.· ·Coaches -- some of my coaches are -- ·5· · · · Q.· ·Did that occur to you, Mr. Mends?· Were
·6· ·sorry.· Go ahead. ·6· ·you reprimanded for what your sleep band ever
·7· · · · Q.· ·I was -- meant to limit it to football, ·7· ·registered?
·8· ·Mr. Mends, and I didn't in my question.· So I ·8· · · · A.· ·I was.· But not, like, in that fashion.
·9· ·appreciate your answer.· But the football coaches ·9· ·But, I mean, it was -- it was like a tool they could
10· ·that you've dealt with are high school football 10· ·use to basically -- like, if they ever wanted to
11· ·coaches, Iowa football coaches, and Illinois State 11· ·just get on you for something, it would be -- it's
12· ·football coaches.· Is that the people who have 12· ·there.· It's not something that -- I don't believe
13· ·coached you? 13· ·it's accurate.· It's not something that you can
14· · · · A.· ·Yes.· But, I mean, I've come in contact 14· ·really control.· So it's really -- you're just
15· ·with lots of coaches.· I've been to camps.· I've 15· ·living in constant anxiety.· You walk around -- you
16· ·been too -- I also played in the spring league.· So 16· ·wake up in the morning, and you're like, oh, shit,
17· ·I had a coach there. 17· ·I'm going to get cussed out today, or like, oh,
18· · · · Q.· ·Have you ever had a coach say that people 18· ·shit, I'm going to get -- you know, I don't know
19· ·from all walks of life should be allowed to grow in 19· ·what it's going to be.· I'm going to be put in the
20· ·their own manner?· Is that something that coaches 20· ·doghouse today, because I can't -- if I -- one, I'm
21· ·said? 21· ·a student athlete.· I -- my sleep schedule might be
22· · · · A.· ·Maybe not in those words, but through 22· ·off.· That's -- you know, when you go to work, your
23· ·their actions they would -- I think they would agree 23· ·boss doesn't ask you how many hours of sleep you had
24· ·with that statement. 24· ·last night.· He just sees if you can complete your
25· · · · Q.· ·You're not saying the football program 25· ·job.

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·1· · · · · · ·When -- if I roll over in the middle of ·1· ·issue and I needed to fix it.
·2· ·the night or wake up in the middle of the night, ·2· · · · Q.· ·What else did he say, if anything?
·3· ·that's going to be reflected on there.· I can't even ·3· · · · A.· ·I don't recall.· It was a thing that would
·4· ·sleep, because I'm thinking about, Oh, man, like, I ·4· ·happen occasionally, like every so often, maybe
·5· ·got to just sit here motionless or this band is ·5· ·every -- a week would go by, two weeks would go by,
·6· ·going to give them an opportunity to use something ·6· ·three weeks, any time that he just felt like
·7· ·against me.· And it was just always like they were ·7· ·something -- he wanted to say something to me. I
·8· ·finding -- digging up more dirt to use against you. ·8· ·really -- it was an open door.· It really just
·9· · · · Q.· ·What coach reprimanded you for any sleep ·9· ·allowed the coaches an open door to just abuse you
10· ·band issue or infraction? 10· ·and say whatever they want to you.· At any point
11· · · · A.· ·Coach Doyle. 11· ·they could just be like, "Well, he's" -- I don't
12· · · · Q.· ·On what occasion?· When did he do it? 12· ·know -- "his sleep's off.· Let's just cuss him out."
13· · · · A.· ·On A few different occasions.· Before the 13· ·I don't know.· It just provided an opportunity for
14· ·sleep bands we had another type of monitoring device 14· ·you to always be in trouble, rather than you
15· ·that was for heart rates and things like that.· It 15· ·actually have to be caught doing something.
16· ·was a frequent thing that happened to lots of -- to 16· · · · Q.· ·So, Mr. Mends, Coach Doyle said to you in
17· ·lots of us.· We would -- I don't know.· It was 17· ·the summer of 2017 to fix it; correct?
18· ·just -- it was -- it got to the point where it was 18· · · · A.· ·It wasn't one -- it wasn't one incident.
19· ·just mentally draining.· Like, I don't even know -- 19· ·It was multiple times.· We'd hear it -- we'd have
20· ·I honestly just stopped giving a -- I stopped caring 20· ·conversations about it.
21· ·about it, because there's nothing I could do.· It 21· · · · Q.· ·And he would tell you to fix it each time
22· ·just felt like it was helpless. 22· ·that you had that conversation; correct?
23· · · · Q.· ·So when did Mr. Doyle discipline you or 23· · · · A.· ·He -- he would say different things. I
24· ·reprimand you or talk to you about your sleep band 24· ·can't tell you what he said word for word, but it
25· ·in front of -- 25· ·was just adding to the fact that I was going to
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·1· · · · A.· ·I -- I couldn't tell you the next days. ·1· ·be -- you know, this was going to be something that
·2· ·You know, I don't -- ·2· ·we'd have -- I would occasionally have to have a
·3· · · · Q.· ·Can you tell me the year? ·3· ·conversation about, when I had no control over.
·4· · · · A.· ·Maybe, like, my junior or senior year, ·4· · · · Q.· ·Other than his saying "fix it," I thought
·5· ·around that time.· It was on multiple occasions.· It ·5· ·you told me you couldn't recall anything else?
·6· ·was on multiple occasions.· So let's say summertime. ·6· · · · A.· ·No.· I said I couldn't recall his words.
·7· · · · Q.· ·Summertime of what year, Mr. Mends? ·7· · · · Q.· ·Yeah.· And so what else did Mr. Doyle say
·8· · · · A.· ·Let's say my twenty seven -- the summer ·8· ·besides "fix it" when he talked to you about your
·9· ·before 2018. ·9· ·sleep bands?· Can you recall something now,
10· · · · Q.· ·Before your knee injury and the spring 10· ·Mr. Mends?
11· ·ball? 11· · · · A.· ·No, I can't recall.
12· · · · A.· ·Correct. 12· · · · Q.· ·So have you now told me everything that
13· · · · Q.· ·And what did he say to you? 13· ·Mr. Doyle said to you about your sleep bands and any
14· · · · A.· ·Basically, like, I needed to catch up on 14· ·possible infraction of the sleep bands, to the best
15· ·these -- like, I needed to -- I don't know.· Just 15· ·of your ability as you testify today here under
16· ·basically I needed to fix it.· Like, I needed to fix 16· ·oath?
17· ·it.· Like, that was it. 17· · · · A.· ·I believe so.
18· · · · Q.· ·Fix what, Mr. Mends? 18· · · · Q.· ·I'm sorry.· I missed your answer,
19· · · · A.· ·I couldn't tell you.· Fix my sleep, fix my 19· ·Mr. Mends.
20· ·attitude, fix the way that I was acting, fix 20· · · · A.· ·I believe so.
21· ·something.· I needed to make a change on a metric 21· · · · Q.· ·Okay.· Thank you.
22· ·that I wasn't able to control. 22· · · · · · ·Again, this is my chance to ask you
23· · · · Q.· ·So what words did Mr. Doyle say to you in 23· ·questions, Mr. Mends.· So I don't want any surprises
24· ·the summer of 2017 about your sleep? 24· ·later.· So as you sit here and testify today under
25· · · · A.· ·That I needed to fix it.· That it was an 25· ·oath, is there anything else that you can recall,

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·1· ·other than Mr. Doyle saying to you "fix it," in ·1· ·the whole year.
·2· ·regard to the sleep bands that you had, at any time ·2· · · · Q.· ·And the police stopped you at gunpoint?
·3· ·during the five years that you were a member of the ·3· · · · A.· ·Yeah.· So we -- what happened was, is
·4· ·Iowa football program? ·4· ·Jaleel came to pick us -- to pick me up.· And Miles
·5· · · · A.· ·From what I recall. ·5· ·Taylor wanted to come as well, because he was my
·6· · · · Q.· ·From what you recall, there's nothing ·6· ·roommate, and there was no room in the car.· So we
·7· ·else; correct? ·7· ·told Miles, like, "Hey, we" -- you know, "we can't
·8· · · · A.· ·Yes. ·8· ·take everyone."
·9· · · · Q.· ·Thank you.· Let's take a look at this next ·9· · · · · · ·So as we were leaving, the police pulled
10· ·Exhibit 4.· Is that large enough for you to read, 10· ·us over.· And we were just confused, because it was
11· ·Mr. Mends, or would you like it blown up? 11· ·an unmarked car.· Really had no -- you know, usually
12· · · · A.· ·Could you enlarge it a little bit. 12· ·if it's an unmarked car, I think, you know, the
13· · · · Q.· ·I'll ask the court reporter to do that. 13· ·police are on some type of investigation or -- I
14· ·And you take a chance to read it, Mr. Mends, and 14· ·don't know why they -- I don't know why.· But it was
15· ·when you're done reading it, I'll have a few 15· ·an unmarked car.· We were pulled over.· And they,
16· ·questions for you about it. 16· ·like, pulled out guns and were like, "Hey, like" --
17· · · · · · ·THE VIDEOGRAPHER:· Mr. Stone, I think 17· ·I don't know -- "like, get out of the car.· You need
18· ·you're the only one who can enlarge your screen 18· ·to get out of the car."
19· ·share. 19· · · · Q.· ·How many years were you Miles Taylor's
20· · · · · · ·MR. STONE:· Oh, okay.· All right.· Let me 20· ·roommate?
21· ·see what I can do.· Now we're really -- 21· · · · A.· ·One, two -- I think three years, I
22· · · · · · ·THE VIDEOGRAPHER:· Oh. 22· ·believe.· But not at that same residence.
23· · · · Q.· ·(By Mr. Stone)· How's that, Mr. Mends? 23· · · · Q.· ·Did you also room at some point in time
24· ·Does that help? 24· ·with Miles Taylor's brother?
25· · · · A.· ·Yes.· That's good. 25· · · · A.· ·Yes.
Page 83 Page 85
·1· · · · Q.· ·All right. ·1· · · · Q.· ·And who is -- what is his name?
·2· · · · A.· ·Okay. ·2· · · · A.· ·Kyle Taylor.
·3· · · · Q.· ·Again, this is shortly after George ·3· · · · Q.· ·And how long did you room with Kyle
·4· ·Floyd's death.· Is that the time frame that this ·4· ·Taylor?
·5· ·tweet was sent by you? ·5· · · · A.· ·It was just the summertime.· Because in
·6· · · · A.· ·I believe so. ·6· ·the summer he didn't have a place to stay.· So he
·7· · · · Q.· ·My question to you, Mr. Mends, is, does ·7· ·just stayed with us.
·8· ·this describe an incident with which you were ·8· · · · Q.· ·How was this incident involving the police
·9· ·personally involved, or is it describing somebody ·9· ·near your residence resolved, Mr. Mends?
10· ·else's incident, if you know? 10· · · · A.· ·There was no resolution.· I'm not
11· · · · A.· ·I was personally involved. 11· ·really -- I mean, nothing.· There was no resolution.
12· · · · Q.· ·All right.· So what happened in this 12· · · · Q.· ·No one was arrested; correct?
13· ·incident that's in your tweet? 13· · · · A.· ·Sorry.· What?
14· · · · A.· ·Exactly what I wrote. 14· · · · Q.· ·No one was arrested?
15· · · · Q.· ·All right.· Who were the other black 15· · · · A.· ·I believe Sean was placed in handcuffs,
16· ·student athletes, if you can recall? 16· ·but he wasn't -- no, he was not arrested.
17· · · · A.· ·It was me, Jaleel, Sean Draper, and I 17· · · · Q.· ·And they searched the vehicle and didn't
18· ·believe Cher Champ (ph).· She was a track athlete. 18· ·find anything?
19· ·And I can't remember the other girl's name. 19· · · · A.· ·Correct.· And they also ripped a door
20· · · · Q.· ·And you were leaving someone's house? 20· ·handle off the car.
21· · · · A.· ·Yeah.· We were leaving my house that I had 21· · · · Q.· ·I'm sorry.· They did what, sir?
22· ·lived in the entire year.· And apparently that -- 22· · · · A.· ·They ripped the door handle off the car.
23· ·the excuse they had given us was this was a known 23· · · · Q.· ·And that's the reference there to "good
24· ·drug house, which is impossible, because I had been 24· ·luck trying to get paid for this" one of the police
25· ·living there with Ben, Miles, Keagan, and Lucas for 25· ·officers said?

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·1· · · · A.· ·No.· "Trying to get this paid for."· So, I ·1· ·benefit of the doubt to say, "Hey, like, I was
·2· ·mean, obviously, they damaged the vehicle for no ·2· ·wrongfully accused," because no one wanted to hear
·3· ·reason, and they basically said that they are not ·3· ·that, especially before the George Floyd thing.
·4· ·going to pay -- like, good luck, there's not ·4· · · · · · ·No one wanted to hear -- people -- they
·5· ·really -- there's nothing you can do to get this ·5· ·would just be like, "Dude, like, they're police.
·6· ·paid for.· Like, so you might as well just buy ·6· ·Like, why didn't you just listen?· Why didn't you
·7· ·another handle for yourself. ·7· ·just shut up?· Why didn't you just" -- whatever that
·8· · · · Q.· ·So this incident about the police in Iowa ·8· ·case may be.· And they don't realize, you know, as a
·9· ·City stopping you was communicated by you soon after ·9· ·black person that sometimes you do do -- you can do
10· ·George Floyd's murder by police officers in 10· ·everything that you're asked and still not going to
11· ·Minneapolis; is that true? 11· ·go the way that you want, and this is a perfect
12· · · · A.· ·Yes. 12· ·example.
13· · · · Q.· ·And this was an incident that you thought 13· · · · Q.· ·Did anyone --
14· ·you would tweet because it was another incident 14· · · · A.· ·I --
15· ·where you had experienced some unpleasant experience 15· · · · Q.· ·I'm sorry.· Were you first finished,
16· ·or perhaps even wrongful experience under the police 16· ·Mr. Mends?
17· ·there in Iowa City directed at you; is that a fair 17· · · · A.· ·Yeah.· So we didn't have anyone we could
18· ·statement? 18· ·reach out to.· I didn't feel comfortable telling
19· · · · A.· ·I wouldn't word it in that way. 19· ·anyone about this, because I had to ask myself, Hey,
20· · · · Q.· ·How would you word it? 20· ·am I -- this stuff is just, I guess, expected to
21· · · · A.· ·I just believe that, you know, there's a 21· ·happen to black people.· So if I tell someone, is
22· ·lot of -- prior to that it didn't really feel like 22· ·this going to -- is this going to help me in the
23· ·anyone had a -- black people had a voice to say 23· ·eyes of the coaches, or are they going to perceive
24· ·anything about racial issues.· It was very 24· ·me as someone that's getting -- that's running into
25· ·difficult, because no one was really listening.· And 25· ·trouble or getting themselves into trouble like
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·1· ·I think at that time, after George Floyd's death, ·1· ·outside of the building?
·2· ·people actually started listening.· Instead of just, ·2· · · · Q.· ·Was there ever any discipline by any coach
·3· ·you know, quick jumping to assumptions, they would ·3· ·of the Iowa football program for this incident that
·4· ·listen. ·4· ·you have relayed in Exhibit 4?
·5· · · · · · ·And I felt like, you know, I -- like I ·5· · · · A.· ·No.· I didn't relay this experience for
·6· ·said, I never had -- while I was at the University ·6· ·that same reason, because I didn't want to be
·7· ·of Iowa, I never got a chance to vent or say ·7· ·perceived as someone that was a troublemaker,
·8· ·anything or express how I felt, and this was the one ·8· ·because I had to maintain this culture that they had
·9· ·time where I was like, hey, you know what, like, ·9· ·engrained.
10· ·these things do happen, and maybe if I shared my 10· · · · · · ·But there was another incidence we had
11· ·story and let people know that, hey, like, 11· ·with another student.· He was, I guess, held at
12· ·everything's not really -- even an individual like 12· ·gunpoint by the police for playing Pokémon GO.· And
13· ·me, who is a college athlete, still experiences 13· ·everyone in the building just kind of just laughed
14· ·stuff like that too.· So I thought it was just a 14· ·at him.· He was -- his name is Faith Ekakitie.· He
15· ·time that people would be more willing to listen. 15· ·was a big D tackle, you know, a big guy.· Everyone
16· · · · Q.· ·Did this incident that you relayed in this 16· ·just assumed if you're black and you're strong, you
17· ·tweet, Exhibit 4, have anything to do in any way 17· ·don't have any feelings.· No one -- you know, and
18· ·with the football program? 18· ·everyone just, like, ridiculed him.
19· · · · A.· ·Just that we were student athletes and we 19· · · · · · ·Like, he had been damn near almost shot by
20· ·didn't have anyone we could tell this to.· Like, it 20· ·the police, because they -- I think they suspected
21· ·didn't -- it was -- getting a run-in with the police 21· ·him of robbing a bank or something crazy like that,
22· ·as a black student athlete is a death sentence.· You 22· ·and he was just playing a Pokémon game on his phone.
23· ·know, like, you're not going to be perceived.· Once 23· · · · · · ·And it doesn't -- like, when you hear
24· ·someone thinks that you're a criminal or involved in 24· ·stuff like that, you're like, okay, like, I'm going
25· ·anything, you're not -- you're not going to get the 25· ·to just be a -- this isn't going to be my -- no

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·1· ·one's going to take my word for the situation, ·1· · · · A.· ·Yes, I did.
·2· ·especially with the Iowa City police.· Like -- ·2· · · · Q.· ·Can you estimate for me how many hours a
·3· · · · Q.· ·Mr. Mends, we may actually have an ·3· ·day you would spend in the weight room.
·4· ·opportunity to finish your examination in the course ·4· · · · A.· ·That would be a difficult number.· I'd say
·5· ·of a week or so if I can get you to answer my ·5· ·maybe, like, two or three.· I mean, just depended on
·6· ·questions.· And I know there's a lot that you want ·6· ·what the workout was.· Depends.· In the
·7· ·to tell me, that you want to put on the record, but ·7· ·summertime -- it might be more in the winter.· But a
·8· ·if you'll try to answer my questions, that would ·8· ·lot of time.· Yes, I did spend a lot of time.
·9· ·help us, I believe, in this process. ·9· · · · Q.· ·Did you have interaction with Chris Doyle
10· · · · · · ·Did you get disciplined for this incident 10· ·on almost every day that you would be in the weight
11· ·involving the police where they stopped you in the 11· ·room?
12· ·car? 12· · · · A.· ·Correct.
13· · · · A.· ·No, I was not disciplined.· But -- 13· · · · Q.· ·Describe for me how you would get along or
14· · · · Q.· ·Did you get disciplined for any time that 14· ·how you got along with Mr. Doyle.· What was your
15· ·you had any other run-in personally or being stopped 15· ·relationship with him?
16· ·by the police, or did you ever report any incident 16· · · · A.· ·He was my coach.
17· ·to the football program where you had an encounter 17· · · · Q.· ·You worked out physically alongside Chris
18· ·with the Iowa City Police Department? 18· ·Doyle almost every day for five years?
19· · · · A.· ·I was never in contact with the Iowa City 19· · · · A.· ·I worked out.· He was coaching, but yes.
20· ·police. 20· · · · Q.· ·Did you ever tell anyone that if it were
21· · · · Q.· ·So personally and to yourself, you were 21· ·not for Chris Doyle, you would not have made it in
22· ·never disciplined or reprimanded by anyone from the 22· ·the Iowa program?
23· ·Iowa football program, including any coach, for any 23· · · · A.· ·Don't recall.
24· ·incident involving the Iowa City police, because you 24· · · · Q.· ·When you started at Iowa, did you have
25· ·never reported any such incidents to the Iowa 25· ·some academic issues your first year?
Page 91 Page 93
·1· ·football department; isn't that a true statement? ·1· · · · A.· ·Yes, I did.
·2· · · · A.· ·Correct. ·2· · · · Q.· ·What was your initial GPA?· Do you know?
·3· · · · Q.· ·It's true that you spent a lot of time in ·3· · · · A.· ·It was not very good.· Maybe, like, a .8,
·4· ·the weight room from 2014 to 2018, when you left the ·4· ·1.0.· It was very bad.
·5· ·Iowa program, isn't it? ·5· · · · Q.· ·And then by the time you graduated, your
·6· · · · A.· ·Correct. ·6· ·GPA had come up considerably; isn't that true?
·7· · · · Q.· ·Were there players from the Iowa team who ·7· · · · A.· ·That's correct.
·8· ·spent more time in the weight room than you? ·8· · · · Q.· ·Was there a coach who advocated on your
·9· · · · A.· ·I mean, I think we all spent the same ·9· ·behalf to keep you in the program even though you
10· ·amount of time.· I mean, as far as -- I mean, we all 10· ·had a low GPA?
11· ·had scheduled lifts.· So we would mostly do the same 11· · · · A.· ·I wouldn't be sure.· I mean, the only one
12· ·lifts.· Can you explain what you're trying -- I 12· ·I could think of, maybe Coach Reid.
13· ·don't -- 13· · · · Q.· ·Do you know whether Coach Doyle advocated
14· · · · Q.· ·Well, I guess my question is, do you think 14· ·on your behalf?
15· ·there was any Iowa football player during the years 15· · · · A.· ·I have no idea.
16· ·that you were part of the program from 2014 to 2018 16· · · · Q.· ·Did you ever tell another former player
17· ·that spent more time in the weight room than you 17· ·that Coach Doyle advocated on your behalf when your
18· ·did? 18· ·GPA was low?
19· · · · A.· ·I don't think so, no.· When it came -- 19· · · · A.· ·No.
20· ·involving lifting and working out, no.· We all spent 20· · · · Q.· ·How about your roommate Miles Taylor?
21· ·equal time.· We have scheduled workouts. 21· ·Would you have told him?
22· · · · Q.· ·Did you spend a lot of time, you -- when 22· · · · A.· ·No.
23· ·looking back at your college football career, did 23· · · · Q.· ·You deny telling Mr. Taylor that you --
24· ·you spend a lot of time building up your strength 24· ·that Coach Doyle advocated on your behalf to keep
25· ·and your body? 25· ·you in the Iowa program when your GPA was low?

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·1· · · · A.· ·I don't -- I don't recall telling him ·1· ·benefit.
·2· ·that.· It was -- I do not. ·2· · · · Q.· ·So did you go to Coach Doyle and complain
·3· · · · Q.· ·Do you recall telling anybody that? ·3· ·that you thought you were being requested or
·4· · · · A.· ·No, I don't believe so. ·4· ·required to lift too much and your back was sore?
·5· · · · Q.· ·Do you recall telling anyone that Chris ·5· · · · A.· ·Yeah.· It wasn't sore.· It was painful.
·6· ·Doyle was the reason that you stayed at Iowa? ·6· ·I -- I mean, there's numerous people that'll tell
·7· · · · A.· ·No.· I think -- I think you're kind of ·7· ·you after every lift I would be laying on the ground
·8· ·miss -- maybe I could have said something along the ·8· ·in pain.
·9· ·lines of "If it wasn't for my strength, I wouldn't ·9· · · · Q.· ·And you actually went and complained to
10· ·be here."· I think that maybe sounds more like what 10· ·Coach Doyle about that; that's true?
11· ·I would say, but not specifically Coach Doyle kept 11· · · · A.· ·Yeah.· I told him that my back -- my back
12· ·me at University of Iowa.· I don't believe that's 12· ·was hurting.
13· ·the truth. 13· · · · Q.· ·You ever make any other complaint to Coach
14· · · · · · ·If anything, Coach Reid was the person 14· ·Doyle about a single subject, other than your back
15· ·that I -- he was the only person I really spoke 15· ·was hurting, during the five years that you were in
16· ·with.· I never spoke with Coach Doyle about my 16· ·the Iowa football program?
17· ·academics.· I only spoke with Coach Reid or the 17· · · · A.· ·No.· It was kind of difficult to talk to
18· ·learning staff. 18· ·him.· Coach Doyle has a very dominant personality,
19· · · · Q.· ·Well, certainly the coaching staff would 19· ·and he has supreme power over everything in the
20· ·know what your GPA was in the Iowa football program; 20· ·weight room.· So it's not really -- it really took a
21· ·correct? 21· ·lot for me to even tell him that.· Because for me to
22· · · · A.· ·Yeah.· But, I mean, I don't think that 22· ·say that, I had to admit that I was -- you know, I
23· ·they were concerned.· They just want -- they wanted 23· ·was hurt, which would be a knock on my, I guess,
24· ·to -- they're there to coach me, not to teach me. 24· ·toughness, which is something that is prided at the
25· ·So I think that they would leave that to the people 25· ·University of Iowa.· So ...
Page 95 Page 97
·1· ·that work with academics. ·1· · · · Q.· ·But it's a fair statement, Mr. Mends, that
·2· · · · Q.· ·Were they concerned that you might not be ·2· ·other than complaining about how your back felt due
·3· ·able to participate in the athletic program if your ·3· ·to weightlifting, you never made a complaint to
·4· ·GPA was 0.9 or 0.8 or 1.0? ·4· ·Coach Doyle about a single topic during the five
·5· · · · A.· ·I can't speak for them, but that's ·5· ·years that you were a member of the Iowa football
·6· ·understandable.· Yes. ·6· ·program?· That's a true statement, isn't it,
·7· · · · Q.· ·Did you have a complaint that you thought ·7· ·Mr. Mends?
·8· ·Chris Doyle was making you lift too much and that ·8· · · · A.· ·No.· I mean, there's some other little
·9· ·you were hurting your back at any time? ·9· ·things here and there.· I know one time he had -- he
10· · · · A.· ·Yes. 10· ·had came -- he had told us that we were no longer
11· · · · Q.· ·When did that occur?· Do you recall what 11· ·allowed to listen to music in the locker room. I
12· ·year in relationship to your ACL injury or -- 12· ·brought that to his attention, and he just shut it
13· · · · A.· ·It was -- I mean, it was a long thing. I 13· ·down instantly.· And I actually ended up going to
14· ·was -- as -- coming into Iowa, I was fairly 14· ·speak with Parker Hesse.· He was one of my white
15· ·developed physically.· And so, you know, a lot of 15· ·teammates.· And after we had discussed it with him,
16· ·the stuff we do is just kind of cookie-cutter for 16· ·he brought it to his attention and then we brought
17· ·everyone.· And I think after -- around my sophomore 17· ·it right back.
18· ·year, I think I had broken a record of some sort. I 18· · · · Q.· ·The music was allowed to come back?
19· ·started to notice that, you know, I was having 19· · · · A.· ·Yes.
20· ·severe back pain, which I still have now.· Just the 20· · · · Q.· ·Okay.
21· ·way that they were asking us to lift just wasn't -- 21· · · · A.· ·Like, at that point -- at that point I had
22· ·it wasn't -- you know, wasn't good for me, 22· ·been a senior member of the team.· I don't
23· ·specifically, I just feel like at that point.· I had 23· ·understand why my -- you know, I was -- been put in
24· ·surpassed what's -- you know, what's reasonable, and 24· ·a position where I, you know, wasn't allowed to
25· ·now it was becoming detrimental rather than a 25· ·speak for the rest of my teammates, but at that

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·1· ·point it didn't matter.· I had to go consult with ·1· ·the five years that you were a member of the Iowa
·2· ·another white teammate before he would listen to ·2· ·football program.· That is a true statement, is it
·3· ·what I had to say. ·3· ·not, Mr. Mends?
·4· · · · · · ·MS. MATE-KODJO:· Aaron, make sure you're ·4· · · · A.· ·As of today what I can recall.
·5· ·waiting for a question.· Let him ask his questions. ·5· · · · Q.· ·Who was your primary coach, Mr. Mends, on
·6· · · · · · ·THE WITNESS:· Okay. ·6· ·the Iowa football program?
·7· · · · Q.· ·(By Mr. Stone)· Do you recall the year it ·7· · · · A.· ·Seth Wallace.
·8· ·was that you talked with Parker Hesse about the ·8· · · · Q.· ·When you started, were you in the
·9· ·music? ·9· ·linebacker room, or were you in the special teams
10· · · · A.· ·That would have been 2019 prior to spring 10· ·room or both, or what was your beginning?
11· ·ball. 11· · · · A.· ·I was in both.· I was the line -- I was in
12· · · · Q.· ·Why don't you take a second, Mr. Mends, 12· ·linebacker room, because I was -- Seth Wallace
13· ·because I think in 2019 you were at Illinois State. 13· ·wasn't my coach at the time, but I was in the
14· · · · A.· ·Oh, sorry.· Prior to spring ball.· Maybe 14· ·linebacker room, and I also did some special teams
15· ·2018. 15· ·stuff.
16· · · · Q.· ·Okay.· Before your knee injury? 16· · · · Q.· ·When you started, was it Mr. Jim Reid and
17· · · · A.· ·Correct. 17· ·LeVar Woods were your primary coaches?
18· · · · Q.· ·Yeah.· Okay.· Did you talk with Mr. Doyle 18· · · · A.· ·I was primarily with Jim Reid.· LeVar
19· ·about that, or did you talk with Parker Hesse about 19· ·Woods was more outside linebackers.
20· ·that subject? 20· · · · Q.· ·Okay.· And then Seth Wallace became the
21· · · · A.· ·I talked to Coach Doyle about it first. 21· ·linebacker coach in 2015?
22· · · · Q.· ·All right. 22· · · · A.· ·I believe so.· After, following the end of
23· · · · A.· ·And then after that ... 23· ·the season.
24· · · · Q.· ·Then you talked to another player, 24· · · · Q.· ·Was the linebacker position your primary
25· ·Mr. Hesse, and he then went and talked to Mr. Doyle? 25· ·endeavor or assignment or position, or did it become
Page 99 Page 101
·1· · · · A.· ·Correct. ·1· ·special teams?
·2· · · · Q.· ·Okay.· Have you now told me everything ·2· · · · A.· ·I mean, as a football player, you have a
·3· ·during the five years that you were a member of the ·3· ·primary position, which is your position, and
·4· ·Iowa football program that you ever complained to ·4· ·special teams is something that you just assist
·5· ·Coach Doyle about? ·5· ·with.· There was never a -- I mean, there was never
·6· · · · A.· ·I can't say that I've told you everything, ·6· ·a designation whether I was a special teams player.
·7· ·but I mean ... ·7· ·Every player has their position.
·8· · · · Q.· ·Well, let me ask it this way, Mr. Mends: ·8· · · · Q.· ·Who were the coaches on the special teams
·9· ·As you sit here today sworn under oath, providing ·9· ·that coached you?
10· ·your testimony, is there anything else that you can 10· · · · A.· ·A lot of them -- all of them.· So Seth
11· ·recall of any subject at any time during the five 11· ·Wallace did some special teams.· Coach Woods did
12· ·years you were a member of the Iowa football program 12· ·some special teams.· Coach White did some special
13· ·that you complained to Coach Doyle about any 13· ·teams.· There was some turnover at the time.· So it
14· ·subject? 14· ·was just kind of -- it was all mixed.
15· · · · A.· ·Yes. 15· · · · Q.· ·How much of the time that you were
16· · · · Q.· ·And what is that? 16· ·involved with the Iowa football program were you
17· · · · A.· ·Sorry.· I'm agree -- I meant I was 17· ·primarily a linebacker?· Would that be 100 percent
18· ·agreeing with your statement. 18· ·of the time?
19· · · · Q.· ·Okay.· Let me see if I can clarify the 19· · · · A.· ·I had a short instant where I played
20· ·record, then.· As you're testifying today here under 20· ·fullback, and then I went back to linebacker.
21· ·oath, you have now told me about a music instrument 21· · · · Q.· ·When did you play fullback?
22· ·that Mr. Hesse resolved, and you told me about a 22· · · · A.· ·I believe my freshman year.
23· ·complaint about your injury to your back due to 23· · · · Q.· ·So that would have been 2014 or 2015?
24· ·weightlifting, those being the only two subjects 24· ·Which year?
25· ·that you ever had any complaint to Mr. Doyle during 25· · · · A.· ·2014 I believe to be correct.

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·1· · · · Q.· ·Were you redshirted then? ·1· ·that a problem that you had was your performance on
·2· · · · A.· ·I was redshirted.· But I was -- in ·2· ·the field when the ball was hiked?
·3· ·practice I had been working as a fullback just in ·3· · · · A.· ·I mean, that could have been.· There
·4· ·case. ·4· ·was -- we've been -- I was getting coached for a
·5· · · · Q.· ·Okay.· And who was your offensive coach? ·5· ·long time.· I had a lot of coaching points.· There
·6· · · · A.· ·At that time it was Coach White, I ·6· ·wasn't one that I could just say, like, this was the
·7· ·believe. ·7· ·definite reason.· If that was the case, I would have
·8· · · · Q.· ·Coach White? ·8· ·definitely fixed it.
·9· · · · A.· ·Uh-huh.· It was a very short instant. ·9· · · · Q.· ·You were strong and conditioned and
10· ·So ... 10· ·athletic such that you could have started if you had
11· · · · Q.· ·And then while you were redshirted, did 11· ·been chosen to start; correct?
12· ·you go back to being a linebacker? 12· · · · A.· ·I believe so.
13· · · · A.· ·Yes. 13· · · · Q.· ·But there was something else, some other
14· · · · Q.· ·Did you have any other interaction with 14· ·aspect of it that caused you not to be selected as a
15· ·offensive coaches during your career at Iowa? 15· ·starter, and you don't know what that was?
16· · · · A.· ·Yeah.· I was recruited by Coach Kennedy. 16· · · · A.· ·Correct.
17· · · · Q.· ·Other than being recruited by Coach 17· · · · Q.· ·Did you -- I'm sorry.· Did I -- did I
18· ·Kennedy and being coached by Coach White during the 18· ·interrupt you, Mr. Mends?· Were you finished?
19· ·time you were a redshirt fullback prospect, did you 19· · · · A.· ·No.· Go ahead.
20· ·have any other involvement with the offensive 20· · · · Q.· ·Okay.· Did you complain about the amount
21· ·coaches? 21· ·of playing time you were getting?
22· · · · A.· ·I mean, we would all -- we're a team.· So 22· · · · A.· ·Yeah.· I brought it to their attention
23· ·it's not -- it's not, you know, unusual that you 23· ·that I just didn't -- like, I wasn't happy with --
24· ·would speak to them, you know, in the building when 24· ·you know, I feel like my performance merited that I
25· ·you see them. 25· ·get more playing time.· I think, you know, becoming
Page 103 Page 105
·1· · · · Q.· ·Why did you not start at Iowa?· Why did ·1· ·a starter is something that involved -- they said
·2· ·you not obtain a starting position? ·2· ·was something that involved trust, which is not a
·3· · · · A.· ·I haven't -- I couldn't tell you. I ·3· ·metric that I can -- you know, I can measure.· But
·4· ·just -- it was the coaches' decision. ·4· ·that had a big factor in it, that they needed to be
·5· · · · Q.· ·Were the coaches dissatisfied with your ·5· ·able to trust me on the field.· But, you know, there
·6· ·football instincts or hesitation when the ball was ·6· ·had been -- there was plenty of opportunities in
·7· ·snapped? ·7· ·games where you could put someone in.· And I don't
·8· · · · A.· ·I don't -- I can't speak for them. I ·8· ·know if you're familiar with sports, but at the end
·9· ·don't know. ·9· ·of the game, the middle of the game when you're up,
10· · · · Q.· ·Anyone ever communicate either of those 10· ·there's definitely opportunities where guys can get
11· ·things to you, that they were dissatisfied with your 11· ·rets.
12· ·football instincts or that you hesitated when the 12· · · · Q.· ·So when they'd talk to you about wanting
13· ·ball was hiked? 13· ·to be able to trust you on the field, was that to
14· · · · A.· ·They never said that.· But, I mean, they 14· ·trust you to make the right football decisions at
15· ·were telling me -- they would just give me coaching 15· ·times that needed to be made on a split-second
16· ·points to work on. 16· ·timing basis?
17· · · · Q.· ·Did you have any conversation with any 17· · · · A.· ·I mean, they never specified where it was.
18· ·coach as to why you didn't start? 18· ·They just said that they needed to trust me and that
19· · · · A.· ·Yes. 19· ·they didn't feel like they could trust me.
20· · · · Q.· ·Who'd you talk to? 20· · · · Q.· ·Did you complain to Jim Reid about the
21· · · · A.· ·Coach Wallace, my linebacker coach. 21· ·amount of playing time that you were getting?
22· · · · Q.· ·What did he tell you? 22· · · · A.· ·I wouldn't call it a complaint.· I mean,
23· · · · A.· ·He said that he just wanted me to work on 23· ·we definitely spoke about it.· But, I mean, I was
24· ·some things. 24· ·still a young player at the time.· So it was
25· · · · Q.· ·Did Seth Wallace ever communicate to you 25· ·understandable that maybe there was other guys that,

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·1· ·you know, had worked hard as well and were getting ·1· ·correct?
·2· ·opportunities, but I was -- I was a young player at ·2· · · · A.· ·I'm -- I think so.· I'm not sure where
·3· ·the time. ·3· ·Josey's at at this moment in time, but at some point
·4· · · · Q.· ·Did you complain to Seth Wallace about the ·4· ·he played some sweeping time.
·5· ·amount of playing time you were getting? ·5· · · · Q.· ·You never ranked yourself ahead of either
·6· · · · A.· ·I had a conversation about it. ·6· ·one of those two players in any ranking, did you,
·7· · · · Q.· ·And what did Mr. Wallace tell you? ·7· ·sir?
·8· · · · A.· ·That I -- he needed to be able to trust me ·8· · · · A.· ·We played different positions.· So it
·9· ·on the field and that I needed to just keep working ·9· ·really wasn't the -- like, Josey played Mike.· Ben
10· ·and that -- he at some points would tell me, like, 10· ·played Leo.· I played Will.· So it wasn't -- that
11· ·"Hey, like, we're going to get you in this game." 11· ·wouldn't have been an issue.
12· ·And then the game came around.· As soon as the ball 12· · · · Q.· ·And then at some time in 2016, did you
13· ·snapped, nothing would happen.· I'd be sitting there 13· ·have an incident where you overslept on two
14· ·just watching. 14· ·occasions and missed some team meetings?
15· · · · Q.· ·Was there a time when you were rated as a 15· · · · A.· ·No.· No.· I overslept on one occasion.
16· ·potential starter in spring ball? 16· · · · Q.· ·And what happened due to your oversleeping
17· · · · A.· ·Yes. 17· ·on that one occasion?
18· · · · Q.· ·Was that the spring of 2016? 18· · · · A.· ·Everything got threw out the window.
19· · · · A.· ·I believe so. 19· · · · Q.· ·What do you mean by that?
20· · · · Q.· ·And then going into the fall of 2016, you 20· · · · A.· ·They -- the coaches didn't trust me
21· ·were also potentially rated as a starter; correct? 21· ·anymore.· They didn't feel like I was -- I was ready
22· · · · A.· ·That's correct. 22· ·to play.· They basically just threw me away.· I was
23· · · · Q.· ·I mean, there was of course Josey Jewell 23· ·in the doghouse after that.· It just never -- it
24· ·and Ben Niemann, and they were going to play 24· ·never was the same.· I never had an opportunity
25· ·regardless because of -- I mean, they were 25· ·after that.
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·1· ·essentially superstars at Iowa; correct? ·1· · · · Q.· ·You were demoted behind Bo Bower; correct?
·2· · · · A.· ·I mean, that's an opinion.· I don't know. ·2· · · · A.· ·Yes.
·3· ·That's coaching decision. ·3· · · · Q.· ·And you were never able to succeed in
·4· · · · Q.· ·You describe their level of playing ·4· ·beating out Bo Bower during the rest of the time
·5· ·capacity and their football ability, if you can, ·5· ·that he performed for the Iowa football program,
·6· ·Mr. Mends.· Tell me about those two people that have ·6· ·were you?
·7· ·been your friends for -- since 2014. ·7· · · · A.· ·I wasn't given an opportunity.· It was a
·8· · · · A.· ·I think they were -- they were decent ·8· ·one-man show.· I mean, I'll say, with my own words
·9· ·players.· Josey was a good player.· I think Ben was ·9· ·for the record, I was better than Bo, but that's not
10· ·a good player as well.· I mean, that's all I would 10· ·what this is about.· It's not about -- you know,
11· ·say.· I mean, they weren't -- I mean, obviously, 11· ·it's just -- it is what it is.· I wasn't given a
12· ·they were selected, and they went to the NFL.· But, 12· ·chance.· Being a starter is one thing, but, you
13· ·I mean, they weren't first draft -- round draft 13· ·know, getting a few snaps here and there -- if they
14· ·picks, by any means.· So they were good players. 14· ·saw me as a starter at one point in time, it's
15· ·They did their thing.· I think Josey's maybe a 15· ·reasonable to expect that I could maintain a game
16· ·little bit more athletic, as far as, you know, on 16· ·for a few plays, but that just wasn't the case.· It
17· ·the football field, and made special plays, I guess, 17· ·wasn't -- I wasn't given the opportunity.
18· ·but they were just good players. 18· · · · Q.· ·And you thought you were better than Bo
19· · · · Q.· ·Josey Jewell now plays for the Denver 19· ·Bower; correct?
20· ·Broncos? 20· · · · A.· ·Yeah, I believe so.
21· · · · A.· ·Correct. 21· · · · Q.· ·And the coaches didn't think you were
22· · · · Q.· ·And Ben Niemann plays for the Kansas City 22· ·better than Bo Bower, did they?
23· ·Chiefs? 23· · · · A.· ·I don't know what the coaches believed.
24· · · · A.· ·Correct. 24· · · · Q.· ·How about the rest of the players?· Do the
25· · · · Q.· ·And they're starters on those pro teams; 25· ·rest of the players rank the linebackers?

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·1· · · · A.· ·Maybe in their own -- not on any, you ·1· · · · Q.· ·Have you told me about any of the times
·2· ·know, document of any sort, no. ·2· ·when you actually complained to any of your coaches
·3· · · · Q.· ·Well, isn't there a ranking of players in ·3· ·about the amount of playing time you were getting?
·4· ·the linebacker room based on how you think you play ·4· ·I think we talked about complaints to Jim Reid and
·5· ·and how you think you rank compared to other people? ·5· ·to Seth Wallace.· Were there any other coaches to
·6· ·Don't linebackers have that system in the linebacker ·6· ·whom you complained about the amount of playing time
·7· ·room at Iowa? ·7· ·you were getting?
·8· · · · A.· ·I don't know.· I'm not familiar with that ·8· · · · A.· ·I might have had a conversation with Coach
·9· ·one.· Can you explain -- ·9· ·Ferentz, Coach Doyle.· I wouldn't call it a
10· · · · Q.· ·You've never participated in it? 10· ·complaint.· It's just, you know, that we do have
11· · · · A.· ·Can you kind of explain how this -- what 11· ·meetings at the end of the year, and I'm sure at
12· ·this rank means you're speaking of. 12· ·that -- it was a goal of mine to get more playing
13· · · · Q.· ·To the best of your recollection, do you 13· ·time.· So I'm sure that's something I would have
14· ·recall you ever ranking who you thought were the 14· ·expressed to them.· But it wouldn't have been a
15· ·best linebackers in the linebacker room? 15· ·complaint.· It's just a conversation like we're
16· · · · A.· ·I remember we filled out some form or 16· ·having now.· Just it is what it is.· You want to
17· ·something that was, like, who you think is the 17· ·play if you're on a football team.
18· ·toughest -- like, ranking people on toughness or 18· · · · Q.· ·All right.· I want to change topics here,
19· ·things like that, but no, I don't -- I don't 19· ·Mr. Mends, and ask you about Jonathan Parker.· You
20· ·remember ever something along the lines of who's a 20· ·stated in your answers to interrogatories that you
21· ·better linebacker.· I don't think that's something 21· ·saw an incident where Brian Ferentz called Jonathan
22· ·that they did.· That wasn't our decision. 22· ·Parker a name.· Do you recall that statement?
23· ·Regardless of what the team thought, it wasn't going 23· · · · A.· ·Can I see that?
24· ·to make a difference.· It was the coaches' decision. 24· · · · Q.· ·You want to see it?
25· ·Do you have that document that I could see? 25· · · · A.· ·Yes, please.
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·1· · · · Q.· ·I don't have any documents for you today, ·1· · · · Q.· ·Yeah.· These are your -- this is
·2· ·Mr. Mends.· I'm just asking if you can recall any ·2· ·Exhibit 14 again.· This is your answers to
·3· ·system where that was done, where you either orally ·3· ·interrogatories.· I'll turn your attention to
·4· ·or in writing ranked football players. ·4· ·Interrogatory No. 8.· You were asked to identify
·5· · · · A.· ·The only system we would have would be in ·5· ·each act of discrimination and/or harassment, et
·6· ·spring ball we would count the number of scoops, ·6· ·cetera, as shown on that page.
·7· ·which would be picking up a ball, after and then ·7· · · · · · ·And then you say on the next page,
·8· ·other type of metrics, but I'm not sure exactly when ·8· ·"Plaintiff Mends also observed Brian Ferentz call
·9· ·that system came into play. ·9· ·Jonathan Parker a black dumbass."· Did I read that
10· · · · Q.· ·Did Seth Wallace ever tell you what his 10· ·sentence correctly?
11· ·reasons were why he didn't consider you a starter 11· · · · A.· ·I can't see the document you're looking
12· ·ahead of Bo Bower? 12· ·at.
13· · · · A.· ·No.· I mean, to be honest, it never really 13· · · · Q.· ·Oh, I'm sorry, Mr. Mends.· I need to share
14· ·felt like Coach Wallace really liked me that much. 14· ·it for ...
15· ·I remember when Coach Reid left, that was something 15· · · · · · ·Okay.· Have I now put it before you?· I've
16· ·that I was, like, man -- like, I was really hurt by 16· ·put my cursor on this sentence where it says,
17· ·that, and I was, like, kind of worried.· I was like, 17· ·"Plaintiff Mends also observed Brian Ferentz call
18· ·man, like -- I don't know.· I just didn't feel like 18· ·Jonathan Parker a black dumbass."
19· ·he liked me that much.· He didn't recruit me. I 19· · · · A.· ·Yes, I see that.
20· ·know coaches want -- you know, sometimes they want 20· · · · Q.· ·Okay.· Is that an observation or an
21· ·to play the players they recruited, and it just kind 21· ·incident that you believe or you're testifying that
22· ·of was -- I don't know.· It was a concern of mine -- 22· ·you observed?
23· ·it was a concern of mine that it wasn't going to be 23· · · · A.· ·I was -- I mean, I was in the building
24· ·a happy relationship between the two of us.· And it 24· ·when it occurred.
25· ·really wasn't that great. 25· · · · Q.· ·Okay.· What words did Brian Ferentz use,

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·1· ·if you know? ·1· ·dumbass black player would do it like that!'"· Did I
·2· · · · A.· ·I couldn't recall word for word what he ·2· ·read that sentence correctly?
·3· ·said.· I mean, he's been known to go off the rails ·3· · · · A.· ·Yes.
·4· ·on people all the time.· So it's something you just ·4· · · · Q.· ·Now, do you recall the incident where
·5· ·get used to.· Like, he's unchecked power in the ·5· ·Brian Ferentz was kicking the garbage can?
·6· ·building, just a tyrant.· I don't know. ·6· · · · A.· ·I do remember him kicking a garbage can.
·7· · · · Q.· ·My question was what words Brian Ferentz ·7· ·I think it was at spring ball of some sort.
·8· ·used, and your statement is you don't recall; is ·8· · · · Q.· ·During spring ball is what you recall?
·9· ·that accurate? ·9· · · · A.· ·I can't really remember the exact
10· · · · A.· ·He said what -- sorry.· Can you rephrase 10· ·incidence.· I mean, like I said, I was there for a
11· ·that. 11· ·long time.· I had a lot of practices.· But I
12· · · · Q.· ·Yeah.· My question to you is, in this 12· ·remember I think it was -- I think it was
13· ·incident that you're talking about, I asked you what 13· ·specifically spring ball on the far side of the
14· ·specific words Brian Ferentz used, and your answer 14· ·indoor.· We were doing maybe, like, a -- I don't
15· ·is that you don't recall? 15· ·know -- some type of team drill or something like
16· · · · A.· ·I mean, it's exactly what I wrote there. 16· ·that.
17· · · · Q.· ·That he called Jonathan Parker a "black 17· · · · Q.· ·Okay.
18· ·dumbass."· That's what you heard? 18· · · · A.· ·It was actually -- I think there's
19· · · · A.· ·I mean, yes. 19· ·actually a video as well.
20· · · · Q.· ·Let me -- I want to get up the Exhibit 2 20· · · · Q.· ·There's a video of the incident?
21· ·here, I think, which is the first amended complaint. 21· · · · A.· ·I -- I believe so.· I'm not sure.· Like, I
22· ·This is a document that you reviewed in preparation 22· ·think a few -- I mean, we have every practice
23· ·for your testimony today, Mr. Mends? 23· ·recorded.· So I think the coaches would be able to
24· · · · A.· ·Correct. 24· ·get it, a video of him.
25· · · · Q.· ·Let me turn to Paragraph 140. 25· · · · Q.· ·You believe there's a video of Brian
Page 115 Page 117
·1· · · · · · ·THE VIDEOGRAPHER:· And, Mr. Stone, you're ·1· ·kicking the garbage can?
·2· ·doing a -- you're sharing your whole computer ·2· · · · A.· ·Yes.
·3· ·screen, rather than just the PDF. ·3· · · · Q.· ·Do you believe there's a -- is there any
·4· · · · · · ·MR. STONE:· Well, how do I do that, then? ·4· ·sound to the video?
·5· ·I -- let me stop the share and share the screen ·5· · · · A.· ·No, there's no audio.
·6· ·and ... ·6· · · · Q.· ·Can you tell on the video when Brian
·7· · · · · · ·MS. MATE-KODJO:· I think you just need to ·7· ·Ferentz allegedly said anything to Jonathan Parker?
·8· ·expand the whole document so it covers your whole ·8· · · · A.· ·I would have to see it.
·9· ·screen instead of half of it. ·9· · · · Q.· ·Have you watched the video recently?
10· · · · · · ·THE VIDEOGRAPHER:· There we go.· That 10· · · · A.· ·No, I have not.
11· ·looks good.· Thank you. 11· · · · Q.· ·When's the last time you looked at the
12· · · · · · ·MR. STONE:· Oh, can you -- you're seeing 12· ·video?
13· ·now just what I've put up there? 13· · · · A.· ·Probably when I was in the building. I
14· · · · · · ·THE VIDEOGRAPHER:· Yes. 14· ·think we brought it up at a defensive meeting,
15· · · · · · ·MR. STONE:· Okay.· So you're not seeing my 15· ·because in the defensive meeting we kind of just --
16· ·whole screen? 16· ·after we watch the practice and stuff, sometimes
17· · · · · · ·THE VIDEOGRAPHER:· Correct. 17· ·just to bring some levity, they'll have, like, a --
18· · · · · · ·MR. STONE:· All right.· Thank you. 18· ·I guess, like -- I don't know -- funny moments, I
19· · · · Q.· ·(By Mr. Stone)· Let me turn to 19· ·guess they'd call it or some -- I don't know -- just
20· ·Paragraph 140 of the first amended complaint. 20· ·things that you wouldn't see the first time watching
21· · · · · · ·There's -- in Paragraph 140 it says, "On 21· ·the tape.
22· ·one occasion, B." -- that's Brian -- "Ferentz began 22· · · · Q.· ·Was that considered a moment of levity
23· ·yelling and screaming at Jonathan.· Brian Ferentz 23· ·when Brian Ferentz was videotaped kicking a garbage
24· ·kicked a garbage can and exclaimed in front of all 24· ·can?
25· ·the players" -- "other players and coaches, 'Only a 25· · · · A.· ·I mean, for some.· If it was -- if you

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·1· ·think ridiculing Jonathan Parker is funny, then, ·1· ·the year before in 2016?
·2· ·yeah.· I'm sure that some people probably did think ·2· · · · A.· ·No.· I -- it's hard for me to put down an
·3· ·that that was funny.· But, you know, when you're a ·3· ·exact date, but no, it wasn't -- it wasn't -- it
·4· ·black player and you feel like, you know, you're ·4· ·definitely wasn't -- it was obviously a time with JP
·5· ·overly -- you're being overly monitored in ·5· ·was there.· He's in the video.· So -- but no, I
·6· ·everything you do and being judged left and right, ·6· ·wasn't -- it wasn't when my ACL was injured.· It was
·7· ·it kind of hurts -- it hurts your feelings and -- ·7· ·prior to that.
·8· · · · Q.· ·Well, Mr. Mends, let me interrupt you, and ·8· · · · Q.· ·It was -- I'm sorry, Mr. Mends.· I'm just
·9· ·your counsel can object if they want.· I thought you ·9· ·trying to get a clear record here.· It wasn't in the
10· ·told me that you didn't know that the tape had any 10· ·spring when you hurt your ACL; it was in a prior
11· ·sound on it. 11· ·spring?
12· · · · A.· ·Yeah, I don't -- I didn't say there was. 12· · · · A.· ·I don't believe so.· I don't think JP
13· ·I don't understand. 13· ·would have been there at that time.· So no.
14· · · · Q.· ·Well, then how do you know that there was 14· · · · Q.· ·Well, I just want to get your best
15· ·a tape of a ridiculing of -- 15· ·recollection, Mr. Mends.· When do you think the
16· · · · A.· ·No, no.· We would -- so as a offense -- as 16· ·incident of Brian Ferentz kicking the garbage can
17· ·a defensive staff, we watch -- sorry, not staff.· As 17· ·and allegedly calling a name to Jonathan Parker
18· ·a defense we would watch the team, like, in a team 18· ·occurred, to the best of your recollection as you
19· ·room.· Right.· And so as the offense is watching it 19· ·sit here today?
20· ·from their angle, we can see the defensive angle, 20· · · · A.· ·Maybe spring ball of 2016.
21· ·and sometimes you don't see the same footage, 21· · · · Q.· ·What was Jonathan Parker doing during that
22· ·because we're back-to-back.· So we would go over our 22· ·practice when Brian Ferentz was kicking the garbage
23· ·plays.· And let's say, like, someone made a good 23· ·can, if you know?
24· ·tackle on that play.· Well, we would also catch what 24· · · · A.· ·He was playing.· He was ...
25· ·the offensive coaches might be doing on the 25· · · · Q.· ·He was on the field?
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·1· ·sideline, but there's no audio to the video, if that ·1· · · · A.· ·Yeah, he was on the field on offense.
·2· ·makes sense. ·2· · · · Q.· ·And what was Jonathan Parker's typical
·3· · · · Q.· ·So typically the videos of the team ·3· ·position?
·4· ·practices that you're aware of do not contain any ·4· · · · A.· ·Returner or ...
·5· ·audio? ·5· · · · Q.· ·Okay.· So it was a --
·6· · · · A.· ·Yes.· Correct. ·6· · · · A.· ·He was -- I don't know.· He was kind of a
·7· · · · Q.· ·Now, how about this one where Brian ·7· ·flex guy.· Sorry if I interrupted you.· He played
·8· ·Ferentz was kicking the garbage can?· Do you know if ·8· ·some running back.· He played some -- I guess maybe
·9· ·there's any audio to that or not? ·9· ·a little bit of receiver and -- but he was mostly,
10· · · · A.· ·I don't think so.· There's -- that would 10· ·like, a returner.
11· ·be -- unless they just mute it.· I don't know how 11· · · · Q.· ·Okay.· So you think this was about
12· ·it's recorded.· From my understanding, I've never 12· ·returning punts or kicks?
13· ·heard audio on any of these, unless it was, like, a 13· · · · A.· ·I believe so.· And actually, you know
14· ·game footage.· But maybe they mute it.· I don't 14· ·what, I think I saw -- you asked me a question
15· ·know.· You'd have to ask them how they do it. 15· ·earlier if that's the only time I seen him kick a
16· · · · Q.· ·How many videos have you seen where Brian 16· ·trash can.
17· ·Ferentz was kicking a garbage can?· I mean, that 17· · · · Q.· ·Yeah.
18· ·seems unusual.· Is there just the one? 18· · · · A.· ·I might be -- I think I remember another
19· · · · A.· ·From my knowledge, that's the only one 19· ·time that -- the same thing with Akrum Wadley as
20· ·that I remember seeing. 20· ·well.
21· · · · Q.· ·You've only seen one yourself of Brian 21· · · · Q.· ·What do you mean that you observed with
22· ·Ferentz kicking a garbage can? 22· ·respect to Akrum Wadley?
23· · · · A.· ·Yes. 23· · · · A.· ·I think there was another incident where
24· · · · Q.· ·And you said it was during spring ball. 24· ·he kicked a trash can and -- while yelling at Akrum
25· ·Was it the spring that you hurt your ACL, or was it 25· ·Wadley as well.

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·1· · · · Q.· ·Was that also videotaped? ·1· ·that was said with respect to Akrum Wadley, correct,
·2· · · · A.· ·I believe so.· All the practices are ·2· ·in that second incident?
·3· ·videotaped.· So all of this stuff would be on video. ·3· · · · A.· ·I don't know about that.
·4· ·I just don't have access to it, obviously.· Only the ·4· · · · Q.· ·But what you're telling us today here
·5· ·coaches and the -- you know, would have that. ·5· ·under oath is that at some point when Brian Ferentz
·6· · · · Q.· ·And was he upset at Akrum Wadley at the ·6· ·was kicking a garbage can, you heard him make the
·7· ·time that he was kicking a garbage can? ·7· ·statement that you testified to about Jonathan
·8· · · · A.· ·I believe so.· But I can't -- ·8· ·Parker returning punts or kicks?
·9· · · · Q.· ·Had you observed the practice to know what ·9· · · · A.· ·Yes.
10· ·Akrum Wadley had been doing that caused Brian 10· · · · Q.· ·Now, it's also fair to say, Mr. Mends,
11· ·Ferentz to yell at him? 11· ·that as you sit here today under oath, you're not
12· · · · A.· ·No.· I mean, I was in practice, but I 12· ·here to tell us that Brian Ferentz ever called you a
13· ·didn't -- I don't -- I'm not a coach.· So I don't 13· ·dumbass black player, did he?
14· ·really know what was -- warranted that. 14· · · · A.· ·No, he never said that to me.
15· · · · Q.· ·And you didn't hear what Brian Ferentz 15· · · · Q.· ·And other than Jonathan Parker, you don't
16· ·said; you just saw him kicking a garbage can?· Or 16· ·know anyone to whom Brian Ferentz called a dumbass
17· ·what is your testimony? 17· ·black player?
18· · · · A.· ·Yes. 18· · · · A.· ·No.
19· · · · Q.· ·You didn't hear what was said, but you saw 19· · · · Q.· ·That's a true statement?
20· ·him kicking a garbage can on a second incident? 20· · · · A.· ·I do not.· Not that I recall.
21· · · · A.· ·Yes, I believe so. 21· · · · Q.· ·Just so that we're clear, during the five
22· · · · Q.· ·Where were you during the punt return 22· ·years that you were a member of the Iowa football
23· ·practice?· What was your role when Jonathan Parker 23· ·team, you have a recollection to which you've
24· ·was there? 24· ·testified that Brian Ferentz called Jonathan Parker
25· · · · A.· ·I couldn't tell you.· There was a lot 25· ·a dumbass black player, but other than that
Page 123 Page 125
·1· ·of -- you know, we do a lot of different things. ·1· ·incident, you've never heard Brian Ferentz use that
·2· ·Sometimes I'd be doing -- we'd have some special ·2· ·epithet or name "dumbass black player" to anybody
·3· ·teams circuits.· I mean, I couldn't tell you exactly ·3· ·else in the five years that you were a member of the
·4· ·what I was doing.· I was practicing in some sort, ·4· ·Iowa football program; that's true?
·5· ·some capacity. ·5· · · · A.· ·Yes.
·6· · · · Q.· ·Is it fair to say that Brian Ferentz was ·6· · · · Q.· ·Did you ever hear Brian Ferentz call
·7· ·upset with Jonathan Parker's performance? ·7· ·somebody the N-word?
·8· · · · A.· ·I don't know.· I couldn't tell you what ·8· · · · A.· ·No, not that I recall.
·9· ·his reasoning was. ·9· · · · Q.· ·Did you ever hear Brian Ferentz call
10· · · · Q.· ·And you didn't observe what Jonathan 10· ·somebody a stupid MF -- you know what MF means,
11· ·Parker did before you heard the words? 11· ·don't you, Mr. Mends?
12· · · · A.· ·No. 12· · · · A.· ·Yes.
13· · · · Q.· ·And how close were you when the incident 13· · · · Q.· ·I don't want to say the word, but we're
14· ·occurred?· How close were you to Jonathan Parker and 14· ·talking about the same thing; right?
15· ·Brian Ferentz? 15· · · · A.· ·Yes.
16· · · · A.· ·I was somewhere on the field within 16· · · · Q.· ·Did you ever hear Brian Ferentz call
17· ·50 yards, maybe. 17· ·anybody --
18· · · · Q.· ·And it was in the building, as best you 18· · · · A.· ·Actually --
19· ·recall? 19· · · · Q.· ·-- stupid --
20· · · · A.· ·That I'm not exactly sure.· It might have 20· · · · A.· ·Sorry.· Could you clarify what you mean.
21· ·been outside.· I think the two incidences are kind 21· · · · Q.· ·Yes.· I'll try to reask the question,
22· ·of very similar.· So I -- it could have been inside, 22· ·Mr. Mends.· It is true that you have never heard
23· ·could have been outside.· It was on the practice 23· ·Brian Ferentz call any player a stupid MF?
24· ·field, I know, for sure. 24· · · · A.· ·And you're referring to the, I guess,
25· · · · Q.· ·Well, you're not able to tell us anything 25· ·expletive?

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·1· · · · Q.· ·Yes. ·1· · · · Q.· ·And the people that you identified that he
·2· · · · A.· ·Yes, I have.· That's ... ·2· ·said that name to were -- I'm sorry -- Akrum Wadley
·3· · · · Q.· ·You have -- you're testifying that you ·3· ·and who else?
·4· ·have heard that? ·4· · · · A.· ·Jonathan and Brandon Simon.
·5· · · · A.· ·Yes. ·5· · · · Q.· ·All right.· Have you now told me all of
·6· · · · Q.· ·Okay.· Who did he call a stupid MF? ·6· ·the occasions on which you observed Brian Ferentz
·7· · · · A.· ·He's said it to Akrum.· He's said it to ·7· ·use the word MF?
·8· ·JP.· He's said it to Brandon Simon. ·8· · · · A.· ·I believe so.
·9· · · · Q.· ·On what occasions did you make that ·9· · · · Q.· ·Did you ever hear Brian Ferentz call
10· ·observation? 10· ·Jonathan Parker -- or say to Jonathan Parker, "What
11· · · · A.· ·At practice. 11· ·gang are you in?"
12· · · · Q.· ·Have you now told me the incidents at 12· · · · A.· ·To Jonathan Parker?
13· ·practice where you believe Brian Ferentz called 13· · · · Q.· ·Yes.
14· ·somebody a stupid MF? 14· · · · A.· ·No.
15· · · · A.· ·Yes.· I'm sure -- I'm sure there's others. 15· · · · Q.· ·Did he ever say that to you?
16· ·I mean, I just can't say that I was there for every 16· · · · A.· ·No, not me.
17· ·single one of them, but it's -- like, he's -- I 17· · · · Q.· ·Did you ever hear him say it to any other
18· ·don't know.· That's not something that's out of his 18· ·player?
19· ·wheelhouse, things he would say to him. 19· · · · A.· ·Yeah.· I believe he said that to Akrum
20· · · · Q.· ·MF is a word that you believe Brian 20· ·Wadley.
21· ·Ferentz would use on occasion in reference to 21· · · · Q.· ·Did you ever hear him say it to any other
22· ·football players? 22· ·player besides Akrum Wadley?
23· · · · A.· ·Not all football players.· Just the 23· · · · A.· ·I don't recall.· No.
24· ·ones -- 24· · · · Q.· ·Did you observe him say, "What gang are
25· · · · Q.· ·Ones that weren't performing like he 25· ·you in?" or is that something that Akrum told you?
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·1· ·wanted them to? ·1· · · · A.· ·It's something that I had heard.
·2· · · · A.· ·Just the black players that he wanted to ·2· · · · Q.· ·You heard those words from Brian Ferentz?
·3· ·disrespect.· I mean -- ·3· · · · A.· ·No.· It's something that I had heard that
·4· · · · Q.· ·You never heard him say it to a white ·4· ·he had said about Akrum.· I mean, we're --
·5· ·player at any time? ·5· · · · Q.· ·Oh, all right.· You didn't hear that
·6· · · · A.· ·No. ·6· ·incident yourself where Brian Ferentz said to Akrum
·7· · · · Q.· ·The term itself isn't racist, is it, in ·7· ·Wadley, "What gang are you in?"· That's something
·8· ·your mind?· MF. ·8· ·that somebody else told you?
·9· · · · A.· ·That's -- I mean, I don't have -- not to ·9· · · · A.· ·Well, I mean, we're in -- Akrum was my
10· ·my knowledge, but I'm not, you know, a racial 10· ·locker partner.· My locker was right next to him.
11· ·expert. 11· ·So, I mean, a lot of times there would be -- I mean,
12· · · · Q.· ·I mean, it can be used with respect to 12· ·he would come right into the locker room and be
13· ·white players and black players; correct? 13· ·like, "Damn, like, this is what had happened."· So
14· · · · A.· ·Yeah, it can.· But never seen it used that 14· ·it was still fresh.· Like, it was still right there.
15· ·way out of his mouth.· It's usually just to 15· · · · Q.· ·Okay.· And from what you've just told me,
16· ·disrespect someone that he felt like he could 16· ·you're saying that Akrum Wadley told you that Brian
17· ·disrespect.· And the only players on the team that 17· ·Ferentz had said, "What gang are you in?" but you
18· ·he felt like he could talk to like that would be the 18· ·did not hear Brian Ferentz say to Akrum Wadley,
19· ·black players.· He didn't feel like he could say 19· ·"What gang are you in?"
20· ·that to any white players, because -- I don't 20· · · · A.· ·Yes.
21· ·know -- maybe they would -- maybe they would -- I 21· · · · Q.· ·Okay.· So in that sense, it's something
22· ·don't even know.· Just never felt like he -- he 22· ·that Akrum Wadley told you, but not something that
23· ·wouldn't say that. 23· ·you heard?
24· · · · Q.· ·And -- 24· · · · A.· ·Yes.
25· · · · A.· ·He had respect for them. 25· · · · Q.· ·Is it the same way with the MF?

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·1· · · · A.· ·No. ·1· · · · A.· ·I'm not saying that he used those things
·2· · · · Q.· ·Did Mr. Wadley tell you that Brian Ferentz ·2· ·directed at me, but I -- Coach Brian Ferentz is on
·3· ·had called him a -- ·3· ·the offense.· So I don't really interact with him
·4· · · · A.· ·No.· I heard that. ·4· ·that much, but the few times I have interacted with
·5· · · · Q.· ·You heard that?· Okay. ·5· ·him, he has just used it as an opportunity to,
·6· · · · A.· ·Yes. ·6· ·like -- to bully me for some reason.
·7· · · · Q.· ·All right.· How about "Go back to the ·7· · · · · · ·I remember one -- for an instance, I
·8· ·ghetto"?· Is that something you heard -- first, let ·8· ·remember there was an instance where his shoes were
·9· ·me ask you:· Did Brian Ferentz ever say that to you, ·9· ·untied, and I made, like, a joke.· And he just,
10· ·"Go back to the ghetto"? 10· ·like, went off on me, which was just way overboard.
11· · · · A.· ·No, I -- no, he did not. 11· ·You know, like, I expected as a coach -- you know,
12· · · · Q.· ·Did you hear him say it to Akrum Wadley? 12· ·like, we have a working relationship.· You know,
13· · · · A.· ·No, I did not. 13· ·your shoes are untied.· Maybe I -- I don't know.
14· · · · Q.· ·Have you ever heard him say it to anybody? 14· ·Maybe he thought it was disrespectful, but he just
15· · · · A.· ·No, I have not. 15· ·went off on me for no reason.· And then I -- after
16· · · · Q.· ·And just so that we're clear, we asked you 16· ·then I really just never -- I tried to stayed away
17· ·in the interrogatories, No. 8, to tell us all 17· ·from him as much as possible.· There was no
18· ·statements or acts of harassment, and you've not 18· ·reason -- I didn't benefit from talking to him.· So
19· ·told us that Brian Ferentz called you such names or 19· ·why would I be around him?
20· ·used racial epithets directed to you; that's a fair 20· · · · Q.· ·Okay.· Just so that we're clear about your
21· ·statement? 21· ·testimony, Mr. Mends, this incident that you said
22· · · · A.· ·Yeah.· Can I see what you're reading? 22· ·his shoes were untied and he, in your words, went
23· · · · Q.· ·Well, yeah.· I can -- I think I can put it 23· ·off on him [sic], he still never called you the
24· ·up.· Do you see that I've put -- tried to put before 24· ·N-word, called you a stupid MF, told you to go back
25· ·you now Interrogatory No. 8?· Do you see that, 25· ·to the ghetto, or spoke about any gangs you were in
Page 131 Page 133
·1· ·Mr. Mends? ·1· ·or used any other name or derogatory term to you at
·2· · · · A.· ·Yes. ·2· ·that time, did he, sir?
·3· · · · Q.· ·And it says, "Identify each alleged act of ·3· · · · A.· ·Correct.
·4· ·discrimination and/or harassment committed by ·4· · · · Q.· ·Mr. Mends, I want to show you one other
·5· ·defendants."· And then it goes through Aaron Mends' ·5· ·thing here.· You recognize this Exhibit 10 that I've
·6· ·tenure ... Brian Ferentz, mock, make fun of, ·6· ·put before you, Mr. Mends?
·7· ·ridicule black players, including Plaintiff Mends, ·7· · · · A.· ·Yes.
·8· ·about hairstyles, clothing, tattoos, jewelry, ·8· · · · Q.· ·Is that a picture of you when you were an
·9· ·diction, and the way they walked.· These comments ·9· ·incoming freshman, or do you know when that picture
10· ·and actions were made essentially to every black 10· ·was taken?
11· ·player on the football team.· Plaintiff Mends also 11· · · · A.· ·I couldn't -- I wouldn't know.· I mean, it
12· ·observed Brian Ferentz call Jonathan Parker a black 12· ·says freshman class.· So I'm assuming this was --
13· ·dumbass." 13· ·no, it definitely wasn't when I was an incoming
14· · · · · · ·In that answer there's no specific 14· ·freshman.· This was probably after my redshirt
15· ·reference to words that Brian Ferentz called you, is 15· ·freshman year.
16· ·there, Mr. Mends? 16· · · · Q.· ·So this would have been after your
17· · · · A.· ·No, there isn't. 17· ·redshirt freshman year, you believe?
18· · · · Q.· ·And you're not saying -- you're not here 18· · · · A.· ·I think so.· I really, honestly, couldn't
19· ·to testify under oath today that Mr. Mends -- 19· ·tell you.
20· ·Mr. Mends, Brian Ferentz said to you racial epithets 20· · · · Q.· ·I'm just trying to get your best
21· ·or called you racial names or called you a dumbass 21· ·recollection today as you sit here, Mr. Mends.· Can
22· ·black player or called you an MF or "Go back to the 22· ·you put a year on that?· Would that be 2015?
23· ·ghetto" or "What gang are you in?" or words to that 23· · · · A.· ·Yeah, that sounds right.· I think I was a
24· ·effect, are you, sir?· You're -- that's not your 24· ·redshirt freshman, so my second year on campus.
25· ·testimony? 25· · · · Q.· ·Okay.· And then I want to go back to

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·1· ·Exhibit 2 and ... ·1· ·he apparently became upset with you, you had very
·2· · · · · · ·MS. MATE-KODJO:· Roger, at some point are ·2· ·little, if anything, to do with him if ever, did
·3· ·you planning on breaking for lunch? ·3· ·you?
·4· · · · · · ·MR. STONE:· Yeah.· Give me -- let me ·4· · · · A.· ·Yes.
·5· ·finish this, and then we'll -- ·5· · · · Q.· ·And when was the shoe-tying incident,
·6· · · · · · ·MS. MATE-KODJO:· Okay.· Thank you. ·6· ·Mr. Mends?
·7· · · · Q.· ·(By Mr. Stone)· Mr. Mends, I'm turning ·7· · · · A.· ·That was probably my junior year as well.
·8· ·your attention to Exhibit 2, which is the first ·8· · · · Q.· ·Can you put any dates on that?· Is that
·9· ·amended complaint, and Paragraph 159 of Exhibit 2. ·9· ·2017 or 2016?
10· ·That's a photograph of you on the left-hand side of 10· · · · A.· ·2017.· Sorry.
11· ·those two photographs; is that true? 11· · · · Q.· ·And that was --
12· · · · A.· ·Yes. 12· · · · A.· ·Even prior to that, I didn't have very
13· · · · Q.· ·Is that how your hair was when you played 13· ·many interactions with him.
14· ·football at Iowa? 14· · · · Q.· ·He was an offensive coach, offensive line,
15· · · · A.· ·At some point. 15· ·and an offensive coordinator, and you were a
16· · · · Q.· ·Do you know when that photo was taken? 16· ·defensive linebacker, and you almost had nothing to
17· · · · A.· ·Oh, it's kind of hard.· It would have had 17· ·do with Brian Ferentz; correct?
18· ·to have been, like, my junior year, I suppose, 18· · · · A.· ·Yes.· Other than the fact that I would see
19· ·maybe.· We -- this picture was taken at a team 19· ·him every single day and --
20· ·event. 20· · · · Q.· ·But you wouldn't talk to him?
21· · · · Q.· ·I want to ask you some questions about 21· · · · A.· ·I would try not to.· I mean, if he spoke
22· ·this, of course.· I'm just trying to get a date on 22· ·to me, I would speak to him, obviously, be
23· ·it for now.· You think you were a junior?· Would 23· ·respectful, but I would never just ask him, "Hey,
24· ·that be -- 24· ·how you doing?"· No.
25· · · · A.· ·I think so.· Because all the people on the 25· · · · Q.· ·But just so that the record's clear, he
Page 135 Page 137
·1· ·right were seniors.· So yes, I believe so. ·1· ·never said anything to you about getting your hair
·2· · · · Q.· ·Okay.· So this is -- what year is it? ·2· ·cut or the style of your hair or anything like that,
·3· ·2016?· 2017?· What's the year? ·3· ·did he, about your hair?
·4· · · · A.· ·I believe 2017. ·4· · · · A.· ·No.· Not regarding my hair, no.
·5· · · · Q.· ·Was your hair like that during 2017? ·5· · · · Q.· ·And about your dress, did he say anything
·6· · · · A.· ·I think so. ·6· ·about how you dressed or --
·7· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to ·7· · · · A.· ·Coach Brian Ferentz?· No.
·8· ·you about your hair either between the time of 2017 ·8· · · · · · ·MS. MATE-KODJO:· Is now a good time to
·9· ·and this picture or the other picture we looked at, ·9· ·break for lunch?
10· ·which was here close to the start of your college 10· · · · · · ·MR. STONE:· Yeah.· Let's take our break.
11· ·career? 11· ·It's noon.· So --
12· · · · A.· ·Coach Brian Ferentz did not.· But Coach 12· · · · · · ·THE VIDEOGRAPHER:· Off the record at
13· ·Doyle would have. 13· ·12:00 p.m.
14· · · · Q.· ·Well, I'm asking you about Brian Ferentz, 14· · · · · · ·(A lunch recess was taken from 12:00 p.m.
15· ·if my question wasn't clear, Mr. Mends.· And your 15· ·to 12:53 p.m.· The videographer changed from Amy
16· ·testimony is that Brian Ferentz never said anything 16· ·Cooper to Jecque Stotts.)
17· ·to you about your hair; correct? 17· · · · · · ·THE VIDEOGRAPHER:· On the record at
18· · · · A.· ·I don't believe so. 18· ·12:53 p.m.
19· · · · Q.· ·You believe that's a true statement: 19· · · · · · ·MR. STONE:· Thank you.
20· ·Brian Ferentz never said anything to me about my 20· · · · Q.· ·(By Mr. Stone)· Mr. Mends, you're still
21· ·hair? 21· ·under oath based on your being sworn earlier this
22· · · · A.· ·Yes.· I didn't interact with Brian 22· ·morning.
23· ·Ferentz.· So no, we wouldn't have had a conversation 23· · · · · · ·Did Brian Ferentz ever say anything to you
24· ·about that. 24· ·about your -- or about tattoos?
25· · · · Q.· ·And after your shoe-tying incident, when 25· · · · A.· ·No.· At the time I didn't have any

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·1· ·tattoos. ·1· ·anything to you about your diction or how you spoke
·2· · · · Q.· ·Do you have tattoos now, Mr. Mends? ·2· ·or your manner of speaking?
·3· · · · A.· ·Yes. ·3· · · · A.· ·No.
·4· · · · Q.· ·And when did you first get your tattoos? ·4· · · · Q.· ·Did Mr. Ferentz ever say anything to you
·5· · · · A.· ·After I was completed with football. ·5· ·about the way you walked?
·6· · · · Q.· ·So during the time that you were at Iowa ·6· · · · A.· ·No.
·7· ·from 2014 to 2018 and at Illinois State, you did not ·7· · · · Q.· ·Same questions with not only did he say
·8· ·have any tattoos? ·8· ·anything to you about those items, but did Brian
·9· · · · A.· ·No. ·9· ·Ferentz ever mock or make fun of or ridicule you
10· · · · Q.· ·And so it's fair to say that Brian Ferentz 10· ·about your hair?
11· ·didn't say anything to you about any tattoos that 11· · · · A.· ·No.
12· ·you had? 12· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
13· · · · A.· ·To me, yes. 13· ·you, or ridicule you about your tattoos?· Well, I
14· · · · Q.· ·And of course, Mr. Ferentz didn't tell you 14· ·guess you didn't have any.· Sorry.· So he did not do
15· ·you couldn't get tattoos or any words to that effect 15· ·that either, did he?
16· ·or that you shouldn't get tattoos, did Mr. Ferentz? 16· · · · A.· ·No.
17· · · · A.· ·No. 17· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
18· · · · Q.· ·Did Brian Ferentz ever say anything to you 18· ·you, or ridicule you about your clothing?
19· ·about your clothing? 19· · · · A.· ·No, not that I recall.
20· · · · A.· ·No. 20· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
21· · · · Q.· ·Did Brian Ferentz ever say anything to you 21· ·you, or ridicule you about your jewelry?
22· ·about any jewelry that you were wearing? 22· · · · A.· ·Not that I recall.
23· · · · A.· ·I don't remember. 23· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
24· · · · Q.· ·Did you wear jewelry, Mr. Mends, when you 24· ·you, or ridicule you about your diction?
25· ·were at -- in the Iowa football program? 25· · · · A.· ·Not that I recall.
Page 139 Page 141
·1· · · · A.· ·Yes. ·1· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·2· · · · Q.· ·What did you occasionally wear or like to ·2· ·you, or ridicule you about the way you walked?
·3· ·wear or prefer to wear when you wore jewelry? ·3· · · · A.· ·Not that I recall.
·4· · · · A.· ·I had a necklace that I'd wear, and I had ·4· · · · Q.· ·Did you personally complain to Kirk
·5· ·my ears pierced. ·5· ·Ferentz at any players council meetings that Brian
·6· · · · Q.· ·Did you often wear an earring? ·6· ·Ferentz had made any comment to you about your hair,
·7· · · · A.· ·Yes, I did. ·7· ·tattoos, clothing, jewelry, diction, or the way you
·8· · · · Q.· ·Did you wear it when you were playing ·8· ·walked?
·9· ·football too? ·9· · · · A.· ·Not on -- not on my own behalf, no.
10· · · · A.· ·No.· I would wear them during the day, and 10· · · · Q.· ·Did you personally complain to Kirk
11· ·then when I was around the football facility, I 11· ·Ferentz at any meeting of any kind that Brian
12· ·would take them out. 12· ·Ferentz had made any comment to you about another
13· · · · Q.· ·Is that the same with your necklace also, 13· ·athlete's hair, tattoos, clothing, jewelry, diction,
14· ·that you didn't use your necklace -- or wear the 14· ·or the way they walked?
15· ·necklace when you were in the football building or 15· · · · A.· ·Yes.· We had discussed in meetings about
16· ·practicing? 16· ·just kind of the treatment of black players at the
17· · · · A.· ·I would try and conceal it, or sometimes I 17· ·University.
18· ·would take it off.· But if it was under my clothing, 18· · · · Q.· ·My question was specific to a complaint to
19· ·I would just try and tuck it under so no one would 19· ·Kirk Ferentz about Coach Brian Ferentz.· As you sit
20· ·see it. 20· ·here today and testify under oath, can you recall
21· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to 21· ·telling Kirk Ferentz that Brian Ferentz had ever
22· ·you about the jewelry that you did wear? 22· ·made any comment about another athlete's hair,
23· · · · A.· ·I don't remember him saying anything to me 23· ·tattoos, clothing, jewelry, diction, or the way they
24· ·about it specifically. 24· ·walked?
25· · · · Q.· ·Mr. Mends, did Brian Ferentz ever say 25· · · · A.· ·I did not say it, but I was in a meeting

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·1· ·when we were discussing these type of things. ·1· ·call -- like, I know for some -- a particular player
·2· · · · Q.· ·You weren't part of the reporting, but you ·2· ·that, which he said with his own words "I hate
·3· ·were there to hear some other players say that they ·3· ·Brandon Simon" -- and he said he didn't have to like
·4· ·had complaints about Brian Ferentz? ·4· ·him and that he hated him, and he would berate him
·5· · · · A.· ·No.· I was chosen by Coach Ferentz to ·5· ·and -- all the time.· Because Brandon Simon was on
·6· ·be -- to report on issues on behalf of other black ·6· ·defense, and he'd be competing against Brian
·7· ·athletes. ·7· ·Ferentz's offensive linemen.· So that's someone that
·8· · · · Q.· ·Okay.· And I -- my questions -- I'm trying ·8· ·he just -- I don't know -- took a strong disliking
·9· ·to limit them to what you told Kirk Ferentz that ·9· ·to, which he used the word "hate" himself.· He was
10· ·Brian Ferentz did with respect to someone other than 10· ·one that I remember particularly.
11· ·yourself, some other athlete other than Aaron Mends. 11· · · · Q.· ·And what did you -- besides Brian Ferentz
12· ·Can you tell me what you told Kirk Ferentz that 12· ·saying that he hated Brandon Simon, what can you
13· ·Brian Ferentz had said about another athlete other 13· ·specifically testify to here under oath that Brian
14· ·than Aaron Mends about their hair, tattoos, 14· ·Ferentz called Brandon Simon?
15· ·clothing, jewelry, diction, or the way they walked? 15· · · · A.· ·He called him an MF-er.· He called him --
16· · · · A.· ·Could I have some clarification, please? 16· ·he called him tons of things.· This was a regular
17· · · · Q.· ·Sure.· What don't you understand, 17· ·thing.· Like, he wanted to make Brandon's life
18· ·Mr. Mends? 18· ·miserable.· And I don't really understand why.· I'm
19· · · · A.· ·So it was a group discussion where -- if 19· ·sure many people will tell you he was a pretty good
20· ·someone had mentioned something and I chimed in, 20· ·athlete.· They just -- he hated him.· And I really
21· ·then are you saying that's coming from my mouth? 21· ·couldn't tell you why.
22· ·But I wasn't the one that initiated it, because he 22· · · · · · ·I specifically remember walking into the
23· ·wasn't my coach.· So I don't think he -- it was 23· ·indoor, and he was -- I don't know what Brandon had
24· ·something that I would've brought up personally. 24· ·done, but just going off on him and really
25· · · · Q.· ·Okay.· I think I understand your answer. 25· ·advocating that he needed to be kicked out of
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·1· ·As you sit here today and testify under oath, it's ·1· ·University of Iowa.
·2· ·fair to say that you don't recall a single incident ·2· · · · Q.· ·Anything else you can specifically recall
·3· ·of your telling Coach Kirk Ferentz that Brian ·3· ·that you haven't told me that Brian Ferentz actually
·4· ·Ferentz had made a comment about another athlete's ·4· ·called Brandon Simon?
·5· ·hair, tattoos, clothing, jewelry, diction, or the ·5· · · · A.· ·I can't remember the words word for word.
·6· ·way they walked; that's a fair statement. ·6· ·I know he called him -- he's called him stupid.
·7· · · · A.· ·What I'm saying is the -- this ·7· ·He's called him a motherfucker.· He's -- I apologize
·8· ·conversation did not initiate from my mouth, but ·8· ·for the language.· He's used explicit language
·9· ·there was a conversation with Coach Ferentz about ·9· ·towards him.· But it happened so frequently, like,
10· ·those exact things you are speaking of. 10· ·for me to remember every single thing he said would
11· · · · Q.· ·You were there and you heard other people 11· ·-- it just wouldn't be possible.· It was a
12· ·talking about those subjects, but my question to you 12· ·reoccurring -- it was a reoccurring theme.
13· ·is, you didn't participate by making a statement to 13· · · · Q.· ·Have you told me everything you can recall
14· ·Kirk Ferentz that "I know that Brian Ferentz" -- or 14· ·as you sit here today and testify under oath?
15· ·words to that effect -- "I know that Brian Ferentz 15· · · · A.· ·I believe so.
16· ·had said this about another athlete's hair, tattoo, 16· · · · Q.· ·Did he use those -- did he, Brian Ferentz,
17· ·clothing, jewelry, diction, or the way they walked"? 17· ·use those words or similar words to any other black
18· ·You didn't initiate that statement, did you? 18· ·athlete of which you're aware?
19· · · · A.· ·I did not. 19· · · · A.· ·I mean, yeah.· He talked -- he talked to
20· · · · Q.· ·Did you hear Brian Ferentz call other 20· ·all of us like that.· He just didn't -- he was a
21· ·athletes, other than yourself, stupid? 21· ·tyrant, to be honest.· He could say whatever he
22· · · · A.· ·Yeah.· It was -- he did. 22· ·wants.· He -- even the coaches, I don't even feel
23· · · · Q.· ·Who do you recall Brian Ferentz called 23· ·like they felt like they could say anything to him.
24· ·stupid? 24· ·Like, he just says -- he does and says whatever he
25· · · · A.· ·It was a regular-basis thing.· He would 25· ·wants.· And for some reason with black players

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·1· ·individually, he really felt like, hey, I can say ·1· · · · Q.· ·Before May of 2018, but sometime during
·2· ·whatever I want.· Like, what are you going to do ·2· ·2018?
·3· ·about it?· That's what it felt like.· It was like my ·3· · · · A.· ·I believe so.
·4· ·dad's the head coach.· My dad is the king of Iowa. ·4· · · · Q.· ·What did you understand she was
·5· ·Like, what are you going to do about it? ·5· ·undertaking, or what was she doing?
·6· · · · Q.· ·Have you now told me everything that you ·6· · · · A.· ·I was told that they were concerned about
·7· ·can recall as you sit here and testify under oath ·7· ·black athletes at the University.· And, I mean, it
·8· ·that Brian Ferentz had said to other black athletes ·8· ·had been conversations.· We'd had conversations
·9· ·during the time that you were participating in the ·9· ·about it.· People had been, you know, concerned.
10· ·Iowa football program between the years 2014 and 10· ·Even Coach Ferentz -- we had a meeting.· He said,
11· ·2018? 11· ·like, "Why aren't black players staying?" and the
12· · · · A.· ·I believe so. 12· ·con- -- I guess, from my perspective, you know, I'd
13· · · · Q.· ·Do you have any writing or an email, note, 13· ·never -- really hadn't really interacted much
14· ·or Twitter or document that is dated or was written 14· ·outside of the athletic department, which he brought
15· ·before you requested to train at Iowa's facilities 15· ·me in and said that Gary Barta -- or she was working
16· ·in late 2019 or early 2020 where you were refused 16· ·with the deans or something like that to conduct an
17· ·access by Chris Doyle?· Do you have any such 17· ·investigation, trying to figure out what was going
18· ·writing, email, note, or document that describes or 18· ·on with black athletes at the University of Iowa.
19· ·constitutes any allegation of racial discrimination 19· · · · Q.· ·How long did you meet with her?
20· ·by you? 20· · · · A.· ·Maybe an hour.
21· · · · A.· ·I think the first one would have been -- 21· · · · Q.· ·Was there anyone else present?
22· ·publicly would have been the tweet that I made. 22· · · · A.· ·I want to say John Bruno.· And I'm fairly
23· · · · Q.· ·The tweet after the death of George Floyd 23· ·confident it was recorded as well.
24· ·that we looked at that was, I think, Exhibit 3 dated 24· · · · Q.· ·Okay.· Recorded --
25· ·about June 5th of 2020, is that your recollection? 25· · · · A.· ·Audio.
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·1· · · · A.· ·I believe so. ·1· · · · Q.· ·-- video or by audio recording?
·2· · · · Q.· ·Who can we ask who will say that Aaron ·2· · · · A.· ·Audio.
·3· ·Mends complained about racial discrimination by ·3· · · · Q.· ·Did she tell you that it was recorded or
·4· ·Coaches Chris Doyle, Kirk Ferentz, Brian Ferentz, or ·4· ·being recorded?
·5· ·the Iowa coaching staff before George Floyd's death? ·5· · · · A.· ·Yes, I believe so.· And that it would be
·6· · · · A.· ·I can't tell you what they will say. I ·6· ·given to the athletic director.· Or not given, but
·7· ·can tell you who would know, and maybe, like, John ·7· ·reported -- I'm not sure -- I don't think she said
·8· ·Bruno or Liz Tovar. ·8· ·she was going to hand it over to him directly, but,
·9· · · · Q.· ·Can you -- for some reason, I couldn't ·9· ·like, some type of confidentiality was implied.
10· ·hear your answer, Mr. Mends. 10· · · · Q.· ·Your understanding was that she would
11· · · · A.· ·I said -- 11· ·report to the athletic director the substance of
12· · · · Q.· ·Who did you say would know? 12· ·what you told her, but you would not be disclosed as
13· · · · A.· ·I said John Bruno or Liz Tovar would know. 13· ·the source; you would remain a confidential?
14· ·We had a discussion.· She actually called me in, and 14· · · · A.· ·I believe so, yes.
15· ·there was, I guess, some type of independent study 15· · · · Q.· ·Okay.· And that's based on what she told
16· ·or something where I was asked to speak on what was 16· ·you during the meeting?
17· ·going on at Iowa. 17· · · · A.· ·Yes.
18· · · · Q.· ·Okay.· And when was that meeting with 18· · · · Q.· ·And what did you tell her at the meeting?
19· ·Ms. Tovar? 19· · · · A.· ·We talked about Coach Doyle.· We talked
20· · · · A.· ·I believe that was sometime between my 20· ·about just the racial issues that were going on.
21· ·junior and senior year.· Towards -- towards the end 21· · · · Q.· ·Any other coaches that you talked about?
22· ·of my tenure at Iowa, before I had got injured 22· · · · A.· ·I don't remember.
23· ·spring ball.· I believe so. 23· · · · Q.· ·Can you be specific about what issues you
24· · · · Q.· ·So it was before -- 24· ·talked about?
25· · · · A.· ·I think it was 2018. 25· · · · A.· ·I don't remember.

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·1· · · · Q.· ·Other than Ms. Tovar and Mr. Bruno at this ·1· ·interviews.· Which one are you referring to?
·2· ·one meeting in early 2018, are there any other times ·2· · · · Q.· ·Well, why don't you tell me the different
·3· ·that you reported any complaint or allegation of ·3· ·types of exit interviews you had, and we'll probably
·4· ·racial discrimination or harassment or racial ·4· ·talk about each one.
·5· ·difficulties at the University of Iowa before the ·5· · · · A.· ·I mean, there's one you have with Coach
·6· ·death of George Floyd? ·6· ·Doyle at the end of every year.· There's one with
·7· · · · A.· ·I didn't feel like I had a voice to say ·7· ·the training staff, I believe, and one with your
·8· ·anything.· Like, this was -- when you're a student ·8· ·position coach.· It's, like, a checklist.· So, like,
·9· ·athlete, you're under -- you know, I'm in the ·9· ·they'll give you a list of things you got to do
10· ·football building 24/7.· I don't have any 10· ·before you leave for summer break, if I remember
11· ·communication with anyone from the University. I 11· ·correctly, and --
12· ·figured if there was a problem, Coach Ferentz made a 12· · · · Q.· ·Does that include talking to the head
13· ·committee and chose me to be on it to talk about 13· ·coach?
14· ·these types of things.· So I feel like I was giving 14· · · · A.· ·I believe so, yeah.· I believe so, yeah.
15· ·it straight to the horse's mouth.· He was the person 15· · · · Q.· ·For example, when you left for the summer
16· ·that was -- you know, would have the power and 16· ·of 2017, did you have exit interviews with each of
17· ·authority to make a change.· So if I told him, I 17· ·those coaches you've mentioned?
18· ·didn't know what else -- who else to speak about 18· · · · A.· ·I believe so.
19· ·this with.· I would speak about it with, I mean, 19· · · · Q.· ·Did you complain at any time about your
20· ·players.· Obviously we talk about this stuff.· But, 20· ·allegations of racial discrimination or harassment
21· ·you know, from my understanding, the coaches have to 21· ·in the exit interviews in 2017?
22· ·report on this stuff.· So I -- Coach Ferentz -- in 22· · · · A.· ·I can't remember exactly what I said.· But
23· ·that meeting we had with Coach Ferentz, that was the 23· ·isn't there a document that I can see?
24· ·dire opportunity. 24· · · · Q.· ·I don't have a document that I'm going to
25· · · · · · ·I also -- you have to understand I was in 25· ·show you, Mr. Mends.· I'm trying to ask you for your
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·1· ·a position where I wanted to continue to be a -- in ·1· ·recollection of what you recall from the exit
·2· ·good graces with the coaching staff.· So I had -- it ·2· ·interviews.
·3· ·felt like I had something hung over me:· Like, ·3· · · · A.· ·From what I remember, I do not think it
·4· ·should I say something and jeopardize my opportunity ·4· ·was race-related, but you also have to understand,
·5· ·or keep quiet and, you know, try and make the best ·5· ·how can I complain to someone about an issue that is
·6· ·of the situation? ·6· ·causing the issue or is complacent in the issue.
·7· · · · Q.· ·So your testimony is that you reported ·7· · · · · · ·These -- there was no anonymity to these
·8· ·these things directly to Kirk Ferentz and that you ·8· ·meetings.· So if I wanted to say that Coach Doyle
·9· ·had one occasion when you talked with Liz Tovar and ·9· ·was treating people unfairly -- and I would have to
10· ·John Bruno in early 2018; is that correct? 10· ·write it down and then send it -- show it to Coach
11· · · · A.· ·I believe so. 11· ·Doyle.· Not to mention those forms -- or those exit
12· · · · Q.· ·Okay.· But other than those two 12· ·meeting interviews were not -- those weren't the --
13· ·individuals, Ms. Tovar and Mr. Bruno, you didn't go 13· ·those weren't the place to have that type of
14· ·out to anyone else in the administration to present 14· ·conversation.· Those are more related to your
15· ·your complaints or story except to Mr. Kirk Ferentz? 15· ·performance and, I guess, goals.· So there was no --
16· · · · A.· ·I don't think so.· I don't recall doing 16· ·that wasn't an opportunity for me to speak on those
17· ·that. 17· ·things.
18· · · · Q.· ·That's true?· You didn't go to anybody 18· · · · Q.· ·And did you have those similar exit
19· ·else; correct? 19· ·interviews at the start of each summer that you were
20· · · · A.· ·No. 20· ·part of the Iowa program?
21· · · · Q.· ·Did you have an exit interview when you 21· · · · A.· ·I believe -- I mean, it was, I think,
22· ·were done with the Iowa football program? 22· ·different, but sure.
23· · · · A.· ·I believe so. 23· · · · Q.· ·At any of the exit interviews that you had
24· · · · Q.· ·Who did you have that with? 24· ·during the years 2014 to 2018, do you recall raising
25· · · · A.· ·I mean, there's all types of exit 25· ·the subjects of racial discrimination or prejudice

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·1· ·or harassment with any of the coaches that you spoke ·1· ·that they're trying to get at.· They have -- I don't
·2· ·to in any of the exit interviews you have described? ·2· ·know.· They ...
·3· · · · A.· ·Not in the interviews.· Like I said, it ·3· · · · Q.· ·Well, I think you may understand what
·4· ·wasn't a -- you don't have a chance to do that.· It ·4· ·we're looking for here, Mr. Mends, which is some
·5· ·was -- we're already an outcasted minority in the ·5· ·documentary confirmation of some record of your
·6· ·team.· Why -- I can't just stand up and say, "Hey, ·6· ·making complaints to friends or family,
·7· ·this is what's going on."· Like, I'm one of the few ·7· ·acquaintances, counselors, teammates during the
·8· ·if not the only people that finished in my class out ·8· ·years 2014 to 2018 that verifies what you said after
·9· ·of the black players that were on scholarship -- or ·9· ·George Floyd's death of May 26th of 2020.· Are there
10· ·not even on scholarship -- in general.· And, you 10· ·any such records anywhere that you know of?
11· ·know, I was disposable.· So for me to say something 11· · · · A.· ·I've had conversations about it with
12· ·would basically just be writing my ticket out of 12· ·teammates, but like I said, after a year, messages
13· ·there. 13· ·get depleted from your phone automatically.· So
14· · · · · · ·And it's not easy to leave a football 14· ·those I could not produce for you.
15· ·program.· Like, there's consequences that you get 15· · · · · · ·I spoke with a counselor when I was at
16· ·from that, whether it be, you know, losing 16· ·Iowa.· It wasn't necessarily race-related.· But I
17· ·eligibility or not having a -- the coaches would 17· ·couldn't trust that she would keep what I said
18· ·just -- they would ruin you.· Like, if you had a job 18· ·confidential.· We have -- they've given us this
19· ·and you quit your job, your job will at least say, 19· ·puppet therapist to speak with, and she meets in the
20· ·you know, you worked hard, you did this, but we 20· ·same -- well, you would have to go speak with her or
21· ·don't have any -- if I leave the program, I have no 21· ·sign up for a meeting with her in the team meal room
22· ·one that's going to speak to my -- to my work that 22· ·where all the coaches are at.· So if you're a white
23· ·I've done.· So it's basically like I've done it all 23· ·player and you go over there and you talk to her,
24· ·for nothing. 24· ·it's all good and dandy.· Like, oh, you know, the
25· · · · Q.· ·Before George Floyd's death, is there any 25· ·guy needs help.· We have copious examples of people
Page 155 Page 157
·1· ·public statement of any kind by you that's ·1· ·that have spoken with her, like Brandon Simon, Sean
·2· ·criticizing the Iowa football program in any way? ·2· ·Welsh, all those guys liked -- very well likeable,
·3· · · · A.· ·Not that I recall. ·3· ·whatever.· But if a black player goes and speaks
·4· · · · Q.· ·Before George Floyd's death, is there any ·4· ·with them, it's like, oh, this dude's soft.· Like,
·5· ·written record of any criticism of the Iowa football ·5· ·he's -- he's a pussy for -- I mean, excuse my words.
·6· ·program related to the subjects that are in the ·6· ·But, like, how can you speak to someone about an
·7· ·first amended complaint? ·7· ·issue when the person that has brought up the issue
·8· · · · A.· ·Yes.· I think Coach Ferentz would have all ·8· ·is monitoring that person and their direct
·9· ·of those documents.· He documents every meeting that ·9· ·supervisor?
10· ·we've had. 10· · · · · · ·She would have weekly meetings with them.
11· · · · Q.· ·Do you have any such written records? 11· ·She would attend the academic meetings and things
12· · · · A.· ·No, I do not. 12· ·like that and sit in and listen.· And it almost got
13· · · · Q.· ·Did you send any tweets or emails or text 13· ·to the point where, like, they're giggling and
14· ·messages to friends or fellow players or your family 14· ·laughing together.· Like, that's not a real outlet
15· ·or acquaintances that describes what you were 15· ·to express how you are.· It's just something there
16· ·complaining about or concerned about of alleged 16· ·as a puppet to make sure that, you know, we said
17· ·racial discrimination in the Iowa football program 17· ·that we were doing something.
18· ·during the years 2014 to 2018? 18· · · · Q.· ·So you had a meeting with this counselor.
19· · · · A.· ·No.· I feel like I was afraid, just like 19· ·Is that what you're testifying to?
20· ·everyone else.· Like, we didn't know what -- what 20· · · · A.· ·I did.· I had a few meetings.· And I
21· ·was it going to do?· It was only going to get you 21· ·didn't trust it.· And I -- it wasn't for me. I
22· ·removed from the situation. 22· ·couldn't -- I --
23· · · · · · ·The University's a huge well-oiled 23· · · · Q.· ·What was her name?
24· ·machine.· They're not going to let one black player 24· · · · A.· ·I think it was Tammy, if I recall.· Or I
25· ·mess up what they got going on.· They have an agenda 25· ·can't -- we had two different ones.· One of them

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·1· ·quit.· Then we got a new one, and she would drive ·1· ·recall any discussions of any racial allegations or
·2· ·in, like, two hour every day -- or every other ·2· ·discrimination or harassment being covered with this
·3· ·Wednesday.· I mean, I met with her twice. I ·3· ·counselor?
·4· ·couldn't recall her name.· I'm not going to ·4· · · · A.· ·No.
·5· ·speculate what it could have been. ·5· · · · Q.· ·That's a fair statement, that you didn't
·6· · · · Q.· ·So the total number of counseling sessions ·6· ·talk about racial issues with the counselor?
·7· ·that you had with the counseling staff that was ·7· · · · A.· ·It's fair to say that I didn't talk about
·8· ·furnished as part of the football program was how ·8· ·any issue that I thought would be used against me
·9· ·many times? ·9· ·later, including race.
10· · · · A.· ·I can't tell you the exact number, but I 10· · · · Q.· ·Just to answer my question, you didn't
11· ·would -- less than five.· I'd be confident to say 11· ·talk with the counselor about racial discrimination,
12· ·less than five.· It was very, very few, because I, 12· ·racial harassment, racial allegations, or the
13· ·once again, could not trust her. 13· ·subjects that are in this first amended complaint,
14· · · · Q.· ·And you didn't speak with them about 14· ·did you, sir?
15· ·racial issues, because you didn't trust them? 15· · · · A.· ·Not that I remember.
16· · · · A.· ·No.· I just couldn't -- it wasn't 16· · · · Q.· ·Did you consider your career at Iowa a
17· ·something we could talk about.· Like, it was very 17· ·success?
18· ·hard to speak to her about basically anything. 18· · · · A.· ·No, I do not.
19· · · · Q.· ·What did you talk with her about? 19· · · · Q.· ·Were you proud of your accomplishments?
20· · · · A.· ·I think I talked to her about -- I don't 20· · · · A.· ·I was proud of some of the things I did.
21· ·know -- just my experience and just coping with 21· · · · Q.· ·Were you proud of earning a college
22· ·stress and things like that. 22· ·degree?
23· · · · · · ·I think you'd mentioned earlier that the 23· · · · A.· ·Yeah, I was.· I think I was one of the
24· ·coaches said that maybe I was hesitant at some 24· ·only players that made it all the way to the end.
25· ·point.· I felt like I had -- I don't know -- a lot 25· ·So it was a -- despite the odds, it was, I think, a
Page 159 Page 161
·1· ·of anxiety, and she was supposed to help with coping ·1· ·great accomplishment on my end.
·2· ·with stress and things like that and -- but I really ·2· · · · Q.· ·Were you proud of playing Division 1
·3· ·couldn't get to what the stressors were, because ·3· ·football?
·4· ·she -- I didn't feel like -- she wasn't in a ·4· · · · A.· ·Yes.
·5· ·position where she could be -- I don't know -- where ·5· · · · · · ·You mind if I take a break?
·6· ·it'd be beneficial to me. ·6· · · · Q.· ·Yeah, we can take five minutes, Mr. Mends.
·7· · · · Q.· ·And that's true of both of the different ·7· · · · A.· ·All right.· Thank you.
·8· ·counselors that you met with, the two different ·8· · · · · · ·THE VIDEOGRAPHER:· Off the record at
·9· ·counselors you met with? ·9· ·1:24 p.m.
10· · · · A.· ·I don't think I met with the first one. 10· · · · · · ·(A brief recess was taken.)
11· ·She would just have, like -- she would come to, 11· · · · · · ·THE VIDEOGRAPHER:· On the record at
12· ·like, group meetings.· So, like, if we had a team 12· ·1:30 p.m.
13· ·meeting, she would come in and say something.· But I 13· · · · Q.· ·(By Mr. Stone)· Mr. Mends, I'm going to
14· ·don't think I actually sat down and had a one-on-one 14· ·share my screen again with you.· Can you see before
15· ·with her. 15· ·you what's marked as Exhibit 2 with the Paragraph
16· · · · Q.· ·Okay.· And so when you said that you had 16· ·Nos. 63, 64, and 65?
17· ·less than five such meetings, were all of those less 17· · · · A.· ·Yes.
18· ·than five such meetings with Tammy? 18· · · · Q.· ·All right.· I'm going it ask you -- this
19· · · · A.· ·I don't remember her name, but the same 19· ·is from the first amended complaint, Mr. Mends.· I'm
20· ·individual. 20· ·going to ask you to read 63, 64, and 65, and when
21· · · · Q.· ·Okay.· With one single counselor that was 21· ·you work your way down, tell me to scroll further
22· ·hired by the football program? 22· ·down, and I'll scroll and show you the rest of
23· · · · A.· ·Yes. 23· ·Paragraphs 65, 66, and 67.· Okay?· I want to ask you
24· · · · Q.· ·And your -- best of your testimony is you 24· ·some questions about those paragraphs.
25· ·talked about anxiety and stress, but you don't 25· · · · A.· ·Okay.

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·1· · · · · · ·All right.· You can scroll down. ·1· ·from kneeling during the playing of the national
·2· · · · · · ·Okay. ·2· ·anthem before Iowa football games, both home and
·3· · · · Q.· ·And I'll scroll down one more time to ·3· ·away."
·4· ·include Paragraph 68. ·4· · · · · · ·Do you know when that policy was in
·5· · · · A.· ·Okay. ·5· ·effect, if it was a policy?
·6· · · · Q.· ·All right.· Have you had a chance to read ·6· · · · A.· ·I'd say after it became a thing in the
·7· ·Paragraphs 63 to 67 of Exhibit 2, the first amended ·7· ·NFL.· They told us we better not do that.
·8· ·complaint? ·8· · · · Q.· ·Do you know when that occurred?
·9· · · · A.· ·Yes. ·9· · · · A.· ·I couldn't tell you the exact date.· But
10· · · · Q.· ·Do you believe that those paragraphs are 10· ·we had a team meeting.· It was brought up in a team
11· ·true and correct, to the best of your knowledge? 11· ·meeting.
12· · · · A.· ·Yes. 12· · · · Q.· ·The whole thing about kneeling started
13· · · · Q.· ·Were you involved in the preparation of 13· ·with Colin Kaepernick; correct?
14· ·the allegations in Paragraphs 63 to 67, if you know? 14· · · · A.· ·Correct.· Yes.
15· · · · A.· ·I made -- I discussed about the incident. 15· · · · Q.· ·And to the best of your knowledge, no one
16· · · · Q.· ·Okay.· I don't want to know what you and 16· ·at the Iowa football program wanted to kneel for the
17· ·your lawyers talked about, but to the best of your 17· ·national anthem before Colin Kaepernick had kneeled
18· ·knowledge, is the information in Paragraphs 63 to 18· ·for the national anthem; correct?
19· ·67 -- did it originate with you?· Was it -- were you 19· · · · A.· ·To the best of my knowledge.
20· ·the source for that, as far as you know? 20· · · · Q.· ·I mean, you were a member of the Iowa
21· · · · · · ·If that's not clear, Mr. Mends, what I'm 21· ·football program from 2014 to 2018, and to the best
22· ·asking is, if I want to talk to one of the 22· ·of your knowledge and recollection, the Iowa
23· ·plaintiffs about Paragraphs 63 to 67, are you the 23· ·players' protests about the national anthem started
24· ·knowledgeable person?· Are you the person that was 24· ·after Colin Kaepernick kneeled during the national
25· ·the source for this information?· Is it best to talk 25· ·anthem?
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·1· ·to you, or is there somebody else in the plaintiffs' ·1· · · · A.· ·I don't believe it was our protest. I
·2· ·group that you believe is more familiar with these ·2· ·think it was to show support for what had been going
·3· ·allegations or better to talk to about it? ·3· ·on and agree that -- and show people that, you know,
·4· · · · A.· ·I think -- ·4· ·like, no matter where you are, all walks of life,
·5· · · · · · ·MS. MATE-KODJO:· And I would just object ·5· ·this is something that affects all of us.
·6· ·to the question to the extent it seeks information ·6· · · · Q.· ·All right.· And given that that was the
·7· ·that would be protected by attorney-client ·7· ·purpose, as you understood the purpose, you would
·8· ·privilege, including any joint conversations that ·8· ·agree with me that that all started with Colin
·9· ·would have been had between Plaintiffs and counsel. ·9· ·Kaepernick, and nobody at Iowa wanted to kneel for
10· · · · · · ·But if you can answer it without getting 10· ·the national anthem before Colin Kaepernick did;
11· ·into that information, you can answer. 11· ·correct?
12· · · · Q.· ·(By Mr. Stone)· Mr. Mends, again, I don't 12· · · · A.· ·To the best of any knowledge.· But I
13· ·want to know what you talked to your lawyers about 13· ·didn't ask.
14· ·or talked to the other plaintiffs in the presence of 14· · · · Q.· ·Paragraph 65 says that "White players were
15· ·your lawyers, but I'm asking if you're the person to 15· ·not subject to the same treatment with respect to
16· ·talk to about Paragraphs 63 to 67 because you know 16· ·certain political views," and then it says, "In one
17· ·you were the source of some of that information and 17· ·instance, despite the Program's use of rules to
18· ·you're the best one to testify about it. 18· ·prohibit political expression to suppress potential
19· · · · A.· ·I think a lot of us could have said 19· ·demonstrations by African American football players
20· ·something about it.· It was a -- you know, it was a 20· ·and their allies in protest of police brutality, a
21· ·whole-team issue.· It wasn't just me.· So multiple 21· ·group of white teammates created and personally
22· ·people would be able to speak to that, including 22· ·delivered a custom-made Iowa football jersey to
23· ·people not, you know, here today. 23· ·President Donald J. Trump at a political rally in
24· · · · Q.· ·Paragraph 64 says that "American" -- 24· ·Iowa."· Did I read that correctly?
25· ·"African American football players were prohibited 25· · · · A.· ·I believe so.

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·1· · · · Q.· ·You see the photograph there in ·1· · · · Q.· ·Did you personally attempt to go to, for
·2· ·Paragraph 65? ·2· ·example, any events that involved President Obama or
·3· · · · A.· ·Yes. ·3· ·Presidential Candidate Hillary Clinton or other
·4· · · · Q.· ·I mean, I recognize Mr. Trump.· Can you ·4· ·candidates at any time?
·5· ·tell me who the other individuals are. ·5· · · · A.· ·No, I did not.· Because we weren't allowed
·6· · · · A.· ·Yeah.· If you point to them one by one, I ·6· ·to.· I mean, politics -- I don't know.· Politics
·7· ·can try and go through it. ·7· ·were not something that would be, you know -- I
·8· · · · Q.· ·The first gentleman whose hair is cut off ·8· ·don't know.· No, I did, I guess, the answer is.
·9· ·in the very left? ·9· · · · Q.· ·Did Coach Ferentz say that you couldn't go
10· · · · A.· ·I'm going to be honest with you.· It's 10· ·to those events during your own time when you were
11· ·hard for me to tell who that is. 11· ·not participating in the football program?
12· · · · Q.· ·The next one holding the Trump sign? 12· · · · A.· ·No.· I don't explicitly remember him
13· · · · A.· ·Connor.· I can't remember his last name. 13· ·saying that, no.
14· ·Connor -- I don't remember. 14· · · · Q.· ·Again, Paragraph 66 says that "in
15· · · · Q.· ·Okay.· The next one standing next to him? 15· ·response."· Does that mean, in response to the
16· · · · A.· ·What was it?· Give me a second. 16· ·gifting of a jersey to Mr. Trump, that many African
17· · · · Q.· ·Well, we'll come back to him, Mr. Mends. 17· ·American football athletes decried the double
18· · · · · · ·Going to Mr. Trump's left shoulder, who is 18· ·standard?
19· ·the person -- 19· · · · A.· ·Yea -- sorry.· I'm kind of -- I don't
20· · · · A.· ·Brant Gressel.· I can't really -- it's 20· ·understand what you're saying.· We were --
21· ·hard to see.· Brant Gressel. 21· · · · Q.· ·Go ahead.
22· · · · Q.· ·Okay.· And in the lighter-gray suit 22· · · · A.· ·We felt that it was racially based,
23· ·standing next to Mr. Trump holding the Trump jersey, 23· ·because we would not have been able to take a jersey
24· ·do you know who that is? 24· ·and give it to anyone, whether it be Donald Trump or
25· · · · A.· ·I can't remember.· I can't remember the 25· ·anyone.· Like, black players can't make a decision
Page 167 Page 169
·1· ·name right now. ·1· ·on the University of Iowa.
·2· · · · Q.· ·Okay.· And how about the person whose top ·2· · · · · · ·And for them to -- I mean, just -- if you
·3· ·of the head seems cut off in the picture, but has ·3· ·just look at the picture, like, they're all dressed
·4· ·kind of the darker-blue tie there on the right-hand ·4· ·up, suited up.· Obviously, you know, when you see
·5· ·side of the picture, do you know who that is? ·5· ·the president, you have respect, but they -- they
·6· · · · A.· ·CJ Beathard. ·6· ·all went happy and proud.· Like, it wasn't like they
·7· · · · Q.· ·And Paragraph 66 says that "In response, ·7· ·were hiding it.· They were -- they felt like they
·8· ·many American" -- "African American football ·8· ·had the authority to do something like that.· But
·9· ·athletes decried the double standard in enforcement ·9· ·had that been, you know, the other way around, that
10· ·of team rules regarding political expression."· What 10· ·would have not been the case.
11· ·does that mean, Mr. Mends? 11· · · · Q.· ·Okay.· So after this photograph was
12· · · · A.· ·I mean, prior to Donald Trump, you know, 12· ·published and the event occurred, what was the
13· ·Barack Obama was the president, and it just -- we 13· ·response of the black football players in the
14· ·weren't able to participate in any -- we weren't -- 14· ·program?
15· ·we had the Twitter rule.· We weren't allowed to 15· · · · A.· ·We were upset, because we felt like -- you
16· ·tweet or anything like that.· We basically weren't 16· ·know, Coach Ferentz had told us that the things
17· ·allowed to show our political affiliation at all. 17· ·going on outside in the world don't really matter.
18· · · · · · ·We actually had a team meeting, and Coach 18· ·This is, you know, University of Iowa.· But our
19· ·Ferentz specifically said that, like -- "Hey, like, 19· ·teammates were able to go behind our back with no --
20· ·football is an arena where we are here to play 20· ·you know, with no problem.· And they even felt the
21· ·football."· Like, that's not something that we 21· ·confidence to do so, to go behind our back and give
22· ·needed to worry about.· "There's stuff going on 22· ·a jersey.· It's one thing for you to go and show up
23· ·outside of the" -- "outside in the world, but in 23· ·on your own, but for you to take a jersey that's
24· ·this building, like, we're Iowa football players. 24· ·representing the entire team and not take into our
25· ·So none of that stuff matters." 25· ·consideration or how we feel about, I don't think,

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·1· ·is right in any organization or football team. ·1· ·mean, the quarterback is the spokesman for the team.
·2· · · · Q.· ·Were you -- ·2· ·If he -- what he says is -- we don't get to -- you
·3· · · · A.· ·Especially at that time.· I'm not ·3· ·know, the media sees him.· So what he thinks is kind
·4· ·saying -- I'm not here to decide whether or not ·4· ·of a good heartbeat of what's going on.
·5· ·Donald Trump is, you know, racist or not, but at ·5· · · · Q.· ·So again, I'm interested to know how you
·6· ·that time people felt that, you know, the political ·6· ·learned it was supposed to have been from an entire
·7· ·parties had a racial divide.· And it would be one ·7· ·team representative rather than the individuals who
·8· ·thing if they would've said, "Hey, like, you know, ·8· ·are shown in the photograph.
·9· ·we're going to go to this meeting" -- or "go to this ·9· · · · A.· ·I mean, those are my teammates.
10· ·event and, you know, I guess, share our" -- "how we 10· · · · Q.· ·Okay.· And you recognize --
11· ·feel about our political views," and that's fine, 11· · · · A.· ·There --
12· ·but to do it and give him a gift on behalf of all of 12· · · · Q.· ·Go ahead and finish, Mr. Mends.
13· ·us, just kind of like -- I have to -- when people 13· · · · A.· ·There have been instances where small
14· ·ask me and see this, they're like, "Hey, what's 14· ·groups of people were asked to do something on
15· ·going" -- "like, hey, what's going on?"· Like, I 15· ·behalf of the University, whether that be go to the
16· ·didn't -- I'm a representative of the University, 16· ·children's hospital -- one time I was asked to go to
17· ·just like they are, and I had no say in whether they 17· ·the veterans' hospital with a small group of my
18· ·were giving this gift away. 18· ·teammates to speak to the veterans.· And I feel like
19· · · · Q.· ·Were you upset that at the time they were 19· ·that was, you know, part -- on behalf of the
20· ·giving the jersey to Donald Trump that you weren't 20· ·University that I go do that.
21· ·permitted to kneel in protest or recognition of what 21· · · · · · ·So it's safe to say that if all of my
22· ·Colin Kaepernick's message was with respect to the 22· ·teammates are in a small cohort -- obviously, we're
23· ·national anthem? 23· ·a big team.· There's hundreds of us.· We all can't
24· · · · A.· ·I thought it was giving them an 24· ·go.· But that's what it felt like.· And we had
25· ·opportunity to give -- to publicly, with the 25· ·raised that issue.· If that wasn't the case, I feel
Page 171 Page 173
·1· ·University's support, endorse their political views, ·1· ·like it would at least be, you know, fair to say,
·2· ·but when we wanted to do the same thing, we were ·2· ·"Hey, this is what's going on, and this is not
·3· ·told that that's not what this is about and that we ·3· ·appropriate, and here's why," but it was really just
·4· ·need to just be Iowa football players. ·4· ·like, "Okay, it happened.· Well, all right.· Well,
·5· · · · Q.· ·What was the team rule that you believe ·5· ·don't do it again."
·6· ·was being violated by the giving of the jersey? ·6· · · · Q.· ·So who asked you to go to the hospital?
·7· · · · A.· ·I'd never actually seen a handbook of what ·7· · · · A.· ·Huh?
·8· ·the team rules are.· There's implied rules.· There's ·8· · · · Q.· ·Who asked you to go to the hospital when
·9· ·things that you shouldn't do.· I think anyone in the ·9· ·you made that hospital visit?
10· ·building could have told you that that was out of 10· · · · A.· ·I couldn't recall.· There was -- we go
11· ·line.· But -- 11· ·on -- we do community events all the time.· So
12· · · · Q.· ·That what was out of line?· Giving the 12· ·there's so many times I've been asked to -- it
13· ·jersey? 13· ·probably was one of the player personnel people.
14· · · · A.· ·To give a jersey, yes, to any political 14· · · · Q.· ·One of the staff members?
15· ·party on behalf of the team, when there's other 15· · · · A.· ·Yes.
16· ·players on their team that don't feel that same way 16· · · · Q.· ·How do you know any staff member asked the
17· ·and are hurt by some of the things that he says. 17· ·group of individuals who presented the jersey to go
18· · · · Q.· ·How is it that you assume or know that the 18· ·as representatives of the University?· How do you
19· ·jersey was given on behalf of the whole team?· Who 19· ·make that assumption?· What basis do you have for
20· ·told you that? 20· ·that?
21· · · · A.· ·It's a University of Iowa jersey, and 21· · · · A.· ·I'm not making assumptions.· I'm just
22· ·multiple -- our team captain, which was at the time 22· ·saying that I just know that when your team captain
23· ·CJ Beathard, was there in attendance.· Our kicker -- 23· ·and quarterback goes -- he's -- being a team
24· ·our starting kicker was there as well.· Just the 24· ·captain, you're -- you know, and quarterback, you
25· ·prominent players of our team all went and our -- I 25· ·are under a different light.· Just there's only one

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·1· ·of you, starting quarterback.· People are looking at ·1· ·political expression to suppress potential
·2· ·you.· You're the spokesman for our team.· So it ·2· ·demonstrations," the only one that you can come up
·3· ·could have been players that -- you know, if it had ·3· ·with is taking a knee at the national anthem?
·4· ·been a different group of players, maybe, but these ·4· · · · A.· ·I'm not coming up with it.· I'm telling
·5· ·are, like, our leaders at the time.· So it's -- ·5· ·you what it was.· But that's how -- this is one
·6· · · · Q.· ·So you're not testifying that anybody from ·6· ·instance that you're showing me that I'm speaking
·7· ·the staff asked them to go do this, or you have no ·7· ·about.
·8· ·information and knowledge with respect to that ·8· · · · Q.· ·Well, I didn't mean coming up except in
·9· ·request, if it happened? ·9· ·the sense of your ability to recollect as you
10· · · · A.· ·I have no knowledge on that, no. 10· ·testify this afternoon under oath.· You only can
11· · · · Q.· ·Okay.· How do you know they just didn't do 11· ·identify a single instance or potential
12· ·it on their own? 12· ·demonstration of taking a knee at the national
13· · · · A.· ·I have no knowledge on that. 13· ·anthem that you were upset about at the time that
14· · · · Q.· ·Did you assume it was sponsored by the 14· ·the jersey was being presented to Mr. Trump?
15· ·staff or the coaching staff that they go make this 15· · · · A.· ·Yes.
16· ·request? 16· · · · Q.· ·Thank you.
17· · · · A.· ·I didn't make any assumptions about it at 17· · · · · · ·Now, 66 says that "In response, many
18· ·all.· I was really -- I didn't know that they were 18· ·African American football athletes decried the
19· ·going to do this.· All I knew was -- or once it 19· ·double standard."· What happened?· What did they
20· ·happened, I was like, oh, wow, like, this is messed 20· ·say?· What was the uproar?
21· ·up.· Like ... 21· · · · A.· ·I mean, we had a conversation about it. I
22· · · · Q.· ·Paragraph 65 says that "In one instance, 22· ·mean, at that time I feel like the racial tension
23· ·despite the Program's use of the rules prohibiting 23· ·had been -- you know, it had been going up, and we
24· ·political expression to suppress potential 24· ·just felt like, hey, like, this is -- that crossed
25· ·demonstrations."· What potential demonstrations had 25· ·the line.· So everyone had talked about it.· There'd
Page 175 Page 177
·1· ·been suppressed by the program's rules? ·1· ·been numerous people.· It was just -- it was a team
·2· · · · A.· ·We weren't allowed to take a knee during ·2· ·discussion.· It wasn't just one individual.· It was
·3· ·the national anthem.· We weren't -- ·3· ·a team discussion about what had happened.· But it
·4· · · · Q.· ·So that sentence -- so that sentence ·4· ·was more of just -- I don't know -- just everybody.
·5· ·refers to taking the knee at the national anthem? ·5· ·It was an open conversation.
·6· · · · A.· ·I mean, that's part of it.· I don't think ·6· · · · Q.· ·And it goes on to say that "particularly
·7· ·that encapsulates everything. ·7· ·in light of Mr." -- "President Trump's vitriolic
·8· · · · Q.· ·Well, what else?· What -- what other ·8· ·statements in opposition to player protests over
·9· ·demonstrations had you knowledge of that were ·9· ·police brutality, including reference to NFL player
10· ·suppressed? 10· ·protesters as 'sons of bitches.'"· Did I read that
11· · · · A.· ·To my knowledge, I would have to -- I 11· ·correctly?
12· ·would have to think about it.· I don't remember any 12· · · · A.· ·Yes.
13· ·specific incidents where they said -- you know, but 13· · · · Q.· ·So was that something that was wrapped up
14· ·like I said, there's multiple other people that can 14· ·in all this, that Mr. Trump had called certain NFL
15· ·speak on this. 15· ·protesters sons of bitches and that black athletes
16· · · · Q.· ·Well, take a minute and think about it, 16· ·at Iowa had wanted to take a knee, and they were
17· ·Mr. Mends, because if it refers to anything other 17· ·refused to be permitted to do that, and yet
18· ·than taking a knee in response to the national 18· ·meanwhile, at about that same time, certain players,
19· ·anthem, I want to know what political demonstrations 19· ·including the quarterback, went out and gave
20· ·or potential political demonstrations you believe 20· ·Mr. Trump a jersey?
21· ·you were suppressed from participating in. 21· · · · A.· ·I think if it had been an instance where
22· · · · A.· ·I don't recall. 22· ·both of us were allowed to or both of us denied,
23· · · · Q.· ·So the sentence there in -- the second in 23· ·we -- at this point you can see where it starts to
24· ·Paragraph 65 where it says, "In one instance, 24· ·feel like if you're white, you can do it, but if
25· ·despite the Program's use of the rules prohibiting 25· ·you're black, then we're not going to allow you to

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·1· ·do that. ·1· ·black African players, do you?
·2· · · · · · ·And if -- and if we had taken a knee, ·2· · · · · · ·MS. MATE-KODJO:· Objection.· Misstates his
·3· ·there would have been serious consequences. ·3· ·testimony.· He gave plenty of testimony just now in
·4· ·These -- none of these players were not -- from my ·4· ·his last answer.· Plaintiff --
·5· ·knowledge, there was -- it just blew over.· It was ·5· · · · · · ·MR. STONE:· Well, let's limit --
·6· ·just like it happened.· Let's just focus -- the only ·6· · · · · · ·MS. MATE-KODJO:· -- testimony is --
·7· ·thing that was said -- the team was addressed that ·7· · · · · · ·MR. STONE:· -- the objection --
·8· ·"Hey, we're going to move on from this and that be ·8· · · · · · ·MS. MATE-KODJO:· -- evidence.· So I'm not
·9· ·that."· But, I mean -- yeah, that's it. ·9· ·sure --
10· · · · Q.· ·Paragraph 67 says that "Kirk Ferentz and 10· · · · · · ·MR. STONE:· Counsel --
11· ·other coaches and administrators, however, never 11· · · · · · ·MS. MATE-KODJO:· -- what you're --
12· ·addressed, let alone reprimanded, the clear 12· · · · · · ·REPORTER:· All right.· Stop.· I can't get
13· ·violation of team rules by said group of white 13· ·this.
14· ·players." 14· · · · · · ·MR. STONE:· You may not make speaking
15· · · · · · ·And I want to know from you:· What is the 15· ·objections.· If you're going to make speaking
16· ·clear violation of what team rule that you're 16· ·objections.· I'm going to call the magistrate.· You
17· ·talking about? 17· ·may object, but you cannot lead the witness.
18· · · · A.· ·Do you have -- I'd have to look at the 18· · · · · · ·MS. MATE-KODJO:· Oh, I can object, and
19· ·rules, but from just my recollection, that you're 19· ·you're supposed to wait for me to finish my
20· ·supporting a political party and basically endorsing 20· ·objection.
21· ·the team and University of Iowa in so doing that. I 21· · · · · · ·MR. STONE:· No.· You're not permitted to
22· ·don't think you can find an instance of any football 22· ·make speaking objections, and you know better.
23· ·team that has done this.· I mean ... 23· · · · · · ·MS. MATE-KODJO:· Okay.· Go ahead and ask
24· · · · Q.· ·The next sentence says, "Doyle and Brian 24· ·your questions.· I'll object -- I can object to form
25· ·Ferentz, through instructions through Kirk Ferentz, 25· ·each time you ask an improper question.
Page 179 Page 181
·1· ·harassed and discriminated against African American ·1· · · · · · ·MR. STONE:· Well, you can object, but you
·2· ·athletes continuously." ·2· ·don't need --
·3· · · · · · ·What instructions do you know that Kirk ·3· · · · · · ·MS. MATE-KODJO:· We can be here all day.
·4· ·Ferentz gave to Coach Doyle to harass and ·4· · · · · · ·MR. STONE:· You don't need to make
·5· ·discriminate against black players?· What ·5· ·speakings objections.· If you have a problem with
·6· ·instructions? ·6· ·that, we're going to call the magistrate.
·7· · · · A.· ·To my knowledge, I don't know any ·7· · · · · · ·MS. MATE-KODJO:· All right.· Go ahead,
·8· ·instructions.· I can only speak of the instances ·8· ·Roger.
·9· ·that occurred to me. ·9· · · · Q.· ·(By Mr. Stone)· Now, Mr. Mends, it's true
10· · · · Q.· ·With respect to Brian Ferentz, what 10· ·as you sit here today, sworn under oath, you don't
11· ·instructions did Kirk Ferentz give to Brian Ferentz 11· ·have a shred of evidence to support the allegation
12· ·to harass and discriminate against black American 12· ·that Kirk Ferentz gave instructions to Coach Doyle
13· ·athletes, if you know? 13· ·and Brian Ferentz to harass and discriminate against
14· · · · A.· ·I don't believe there's -- I don't -- to 14· ·African American players, do you, sir?
15· ·my knowledge, I don't know any instructions.· But I 15· · · · · · ·MS. MATE-KODJO:· Objection to form and
16· ·think that the culture that that created, that they 16· ·misstates his testimony.
17· ·helped to foster and were the complete overseers of, 17· · · · Q.· ·(By Mr. Stone)· You may still answer the
18· ·were racially discriminatory and -- and used to 18· ·question.· Do you want it repeated?
19· ·harass black players. 19· · · · A.· ·Yeah.· Could you.
20· · · · Q.· ·As you sit here today sworn under oath, 20· · · · Q.· ·I'll ask the reporter to read it back,
21· ·Mr. Mends, it's fair to say you have absolutely not 21· ·please.
22· ·a single shred of evidence or a scintilla of 22· · · · · · ·(The pending question was read by the
23· ·evidence to support the allegation that Mr. Kirk 23· ·reporter.)
24· ·Ferentz gave instructions to Mr. Doyle and to 24· · · · A.· ·I have said a lot about this -- about what
25· ·Mr. Brian Ferentz to harass and discriminate against 25· ·we just talked about, and I believe that -- from my

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·1· ·knowledge, I don't -- I don't remember word for ·1· ·Doyle, and he would reword it and then spit it back
·2· ·word, like you stated it, but there was things as ·2· ·to us, and then we would have to share it to the
·3· ·far as the rules that they allowed them to, I guess, ·3· ·team in that way.
·4· ·utilize that would make it discriminatory or ·4· · · · Q.· ·I want to ask you about the use of the
·5· ·harassment to African American players, yes. ·5· ·word "allies," which is distinct from the term
·6· · · · Q.· ·(By Mr. Stone)· It's fair to say, ·6· ·"football players."· Do you see that in that
·7· ·Mr. Mends, that you never heard any instructions ·7· ·sentence?
·8· ·come from Kirk Ferentz's mouth to Brian Ferentz or ·8· · · · A.· ·Yes.
·9· ·to Coach Doyle to harass and discriminate against ·9· · · · Q.· ·What control did the football program have
10· ·African American players?· Isn't that true? 10· ·over allies who weren't part of the football
11· · · · A.· ·I never heard him, with my own ears, use 11· ·players?
12· ·words -- 12· · · · A.· ·I don't understand.
13· · · · Q.· ·You never saw any writing or statement or 13· · · · Q.· ·Well, it says that the program used rules
14· ·written document in which Kirk Ferentz instructed 14· ·to suppress allies.
15· ·Coach Doyle and Coach Brian Ferentz to harass and 15· · · · A.· ·Uh-huh.
16· ·discriminate against African American athletes 16· · · · Q.· ·What allies and what are their names who
17· ·continuously, did you? 17· ·were somehow suppressed by rules of the football
18· · · · A.· ·I don't believe so. 18· ·program?
19· · · · Q.· ·The next sentence says, "African American 19· · · · A.· ·Tons of people.· I mean, teachers, the
20· ·athletes were made to feel like second-class 20· ·public.· They didn't want people to know what was
21· ·citizens and widgets that were easily pushed out of 21· ·going on.· That's why we have such strict, stringent
22· ·the program without issue."· What's a widget, 22· ·social media rules.· They don't want people to come
23· ·Mr. Mends? 23· ·and support, to back up or verify what we're saying.
24· · · · A.· ·Just a tool, just a -- taking up space, 24· · · · Q.· ·So how does that affect the ability of the
25· ·just a thing, an object. 25· ·allies to participate in potential demonstrations?
Page 183 Page 185
·1· · · · Q.· ·In Paragraph 65 in the second sentence, it ·1· · · · A.· ·If you were supporting someone that was
·2· ·says, "In one instance, despite the Program's use of ·2· ·doing something, you were -- I mean, you were made
·3· ·the rules prohibiting political expression to ·3· ·to feel like you were a part of it.
·4· ·suppress potential demonstrations by African ·4· · · · Q.· ·What allies do you know were suppressed
·5· ·American football players and their allies in ·5· ·from participating in political demonstrations by
·6· ·protest of police brutality."· Who are the allies ·6· ·anything that the football program did, other than
·7· ·that are referred to in that sentence, Mr. Mends? ·7· ·people in the football program?
·8· · · · A.· ·Black people and the people that support, ·8· · · · A.· ·I don't recall.
·9· ·you know, racial discrimination against black people ·9· · · · Q.· ·Can you identify a single person who is
10· ·or minorities. 10· ·not a football player who wanted to do some kind of
11· · · · Q.· ·So are you saying in this sentence that 11· ·protest of police brutality and that was not
12· ·the program had rules to suppress potential 12· ·permitted to because of some rule of the football
13· ·demonstrations by black people? 13· ·program?
14· · · · A.· ·Yes. 14· · · · A.· ·Not for police brutality, but I know that
15· · · · Q.· ·What rules were those? 15· ·there's, like -- for example, I know a student --
16· · · · A.· ·We weren't allowed to tweet.· We weren't 16· ·multiple student athletes that told me that they,
17· ·allowed to say anything.· Everything that we said 17· ·you know, had spoken to their girlfriends or
18· ·was, you know, like, changed. 18· ·significant others about, like, things that were
19· · · · · · ·Even -- we would be forced to read these 19· ·going on, and they were, like -- I don't know.· They
20· ·books over the summertime.· They're very calculated 20· ·felt like they couldn't talk about those things,
21· ·about what they have us read and what, you know, 21· ·because they were attached to someone that was in
22· ·information they give us.· And we would have 22· ·the program.· I know people's parents, you know,
23· ·meetings.· And me being one of the -- like, the 23· ·they talk on social media and things like that.
24· ·leaders, I would read it and I would interpret it a 24· ·That would affect you.
25· ·certain way.· I would tell the coaches -- or Coach 25· · · · Q.· ·So what demonstrations did you want to

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·1· ·attend that you were not permitted to attend? ·1· · · · A.· ·I particularly was not.· I don't have one
·2· · · · A.· ·I didn't have any that I particularly ·2· ·to tell you.
·3· ·wanted to.· Because I was told that this is about ·3· · · · Q.· ·Okay.
·4· ·football.· This is not about, you know, your other ·4· · · · A.· ·I didn't even think it was an option.· It
·5· ·political views. ·5· ·was not an opportunity I was allowed to do.· Like,
·6· · · · Q.· ·Were there demonstrations that were ·6· ·if you're told not to do something, why am I going
·7· ·occurring in Iowa City or in nearby communities that ·7· ·to just keep myself up at night?· I can't do it.
·8· ·you wanted to go to, but you couldn't because of ·8· ·Like, they -- we had a -- we had a formal
·9· ·some alleged team rule that you can't identify? ·9· ·discussion.· It would be one thing if they hadn't
10· · · · A.· ·Being a student athlete, our schedules are 10· ·said anything and I was like, okay, I'm going to go
11· ·very hectic and busy.· So a lot of times there's 11· ·attend this, because I believe this is right, but
12· ·just that fact; we can't.· But obviously these guys 12· ·they specifically say, "You" -- "this is not about,
13· ·made it.· I'm not sure exactly what time this was, 13· ·you know, what's going on outside the world.· Like,
14· ·whether it was camp or when it was.· They made time 14· ·we're going to handle ourselves in our own locker
15· ·to go do that, but a lot of times just even based on 15· ·room."· So why would I hurt my opportunities on the
16· ·schedule, I wouldn't be able to attend things like 16· ·field just so I can make an example out of myself
17· ·that. 17· ·and be punished for it?
18· · · · · · ·I'm not the most political person on the 18· · · · Q.· ·Well, you were never punished for
19· ·planet, no, but there's other players of mine or 19· ·attending any political demonstration in any way,
20· ·teammates of mine that wanted to do stuff like that, 20· ·were you, Mr. Mends?
21· ·that really felt very, you know, moved by the things 21· · · · A.· ·I never went.· No, I was not.
22· ·that were happening, and they were not allowed to 22· · · · Q.· ·Did you talk with, outside the presence of
23· ·attend.· There was protests in Iowa City, and I know 23· ·your attorneys -- and again, I'm not interested in
24· ·a lot of people that felt like they wanted to go. 24· ·conversations that included your attorneys, but have
25· ·They couldn't. 25· ·you talked with Mr. Akrum Wadley, Mr. Jonathan
Page 187 Page 189
·1· · · · Q.· ·Just so that the record's clear, ·1· ·Parker, Mr. Marcel Joly, Mr. Darian Cooper,
·2· ·Mr. Mends, you've said that you're not a ·2· ·Mr. Brandon Simon, or Mr. Javon Foy about their
·3· ·particularly active political person; is that a fair ·3· ·desire to participate in political demonstrations?
·4· ·statement? ·4· · · · A.· ·No, I have not.
·5· · · · A.· ·Yeah.· I wasn't allowed to -- I mean, when ·5· · · · Q.· ·So you can't tell me whether they were
·6· ·you're in college, that's when you make -- formulate ·6· ·suppressed from any potential political
·7· ·those ideas, and my -- that's when people, you know, ·7· ·demonstrations at any time they were a part of the
·8· ·learn about that type of stuff.· I technically ·8· ·Iowa program?
·9· ·don't -- I don't outwardly express -- not that I'm ·9· · · · A.· ·I do know that some of them are very --
10· ·not political.· I feel like I politically engage 10· ·that that's something that they're more interested
11· ·just as any other citizen does, but I don't 11· ·in.· I know some of them are from the Washington,
12· ·outwardly express it.· And part of the reason why, 12· ·D.C. area.· So they have that -- you know, that
13· ·because I feel it can affect people in ways that, 13· ·desire.
14· ·you know, you don't intend to. 14· · · · Q.· ·Can you identify a single player in the
15· · · · Q.· ·You're thoughtful about it, you form 15· ·Iowa program who was punished for going to a
16· ·beliefs about it, you think about it, but you don't 16· ·political rally at any time you were part of the
17· ·actively participate in political demonstrations; is 17· ·program?
18· ·that a fair statement? 18· · · · A.· ·I don't -- I don't recall any were allowed
19· · · · A.· ·I have.· But it depends on what it is. 19· ·to go, especially these ones here.· These are the
20· · · · Q.· ·Well, I want you to identify for me, as 20· ·only people that were allowed to go to this
21· ·you sit here today under oath, what political 21· ·political rally, and none of them were punished for
22· ·demonstration or police brutality demonstration that 22· ·this.
23· ·you wanted to attend during the time that you were 23· · · · Q.· ·Do you know whether any player ever lost
24· ·in the Iowa football program from 2014 to 2018 that 24· ·their scholarship due to participation in any
25· ·you were suppressed from attending? 25· ·political demonstrations?

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·1· · · · A.· ·Not that I'm aware of. ·1· · · · Q.· ·Did he ever say anything to you that
·2· · · · Q.· ·Was anyone ever made to do community ·2· ·caused you to believe he was concerned about your
·3· ·service because they participated in any political ·3· ·potential political activities?
·4· ·demonstrations? ·4· · · · A.· ·No.· I did not interact with him.
·5· · · · A.· ·Not that I'm aware of. ·5· · · · Q.· ·How about Chris Doyle?· What did Chris
·6· · · · Q.· ·Did anyone ever go to a rally for ·6· ·Doyle say to you about political speech?
·7· ·President Obama during his candidacy in 2008 or ·7· · · · A.· ·The same testament.
·8· ·2012, if you know? ·8· · · · Q.· ·And what is that, sir?· I'm not sure I
·9· · · · A.· ·Not that I'm -- ·9· ·understand your answer.
10· · · · Q.· ·I know that's before your time, but if you 10· · · · A.· ·That the stuff that was going on outside
11· ·know. 11· ·in the world had nothing to do with what's going on
12· · · · A.· ·Not that I'm aware of. 12· ·in this building.
13· · · · Q.· ·How about any other candidate rallies? 13· · · · Q.· ·Did Chris Doyle say anything else that
14· ·Did any football players go to any other candidate 14· ·caused you to believe that he was concerned about
15· ·rallies that you're aware of other than the 15· ·your political activities that you haven't told me?
16· ·photograph at Mr. Trump's rally? 16· · · · A.· ·I do not share my political activities.
17· · · · A.· ·Not that I'm aware of.· I know there was 17· · · · Q.· ·My question was whether Chris Doyle said
18· ·events regarding race, but not political. 18· ·anything that caused you to believe he was concerned
19· · · · Q.· ·Was anyone ever punished for going to 19· ·about your political activities that you haven't
20· ·those such events that involved the subject of race 20· ·already told me.· Is the answer to that "I don't
21· ·that weren't political events? 21· ·recall anything further"?
22· · · · A.· ·Not that I'm aware of.· It's not something 22· · · · A.· ·No.· I don't know how he'd be concerned if
23· ·that they would come out and say, "This is the 23· ·he wasn't aware, because I hadn't shared that.
24· ·reason that you're in trouble," but like I said, 24· · · · Q.· ·So he doesn't -- he wasn't somebody who
25· ·they had plenty of tools to punish you for something 25· ·threatened punishment to you for your political
Page 191 Page 193
·1· ·and any reason. ·1· ·beliefs or for political demonstrations; is that a
·2· · · · Q.· ·Well, and that's what I'm asking about. I ·2· ·fair statement?
·3· ·mean, if the football program had the ability to ·3· · · · A.· ·If there was a political demonstration,
·4· ·punish people, do you have any knowledge that anyone ·4· ·I'm -- they literally told us that we'd be out of
·5· ·was ever punished for any demonstration, whether it ·5· ·there.· Like, we're a team.· We're going to make one
·6· ·was for a racial issue or a police brutality issue ·6· ·decision as a team.· We're all going to stand up,
·7· ·or a political issue or any philosophical or ·7· ·and if you don't want to do that, you get out of
·8· ·political belief? ·8· ·here.· Like, that's what it was like.
·9· · · · A.· ·Beliefs, no.· But for -- they were ·9· · · · Q.· ·Who made that statement to you?
10· ·punished -- I know people that were punished for 10· · · · A.· ·It wasn't to me.· It was to the team.
11· ·racially motivated issues, yes. 11· · · · Q.· ·And when was it made?
12· · · · Q.· ·Was there anybody that was punished for 12· · · · A.· ·In a team meeting.
13· ·attending a rally or an event or a racial event or 13· · · · Q.· ·Did you ever ask a coach if you could go
14· ·political event, if you know? 14· ·to a political event?
15· · · · A.· ·Not that I'm aware of. 15· · · · A.· ·No.
16· · · · Q.· ·Did you ever hear Brian Ferentz say 16· · · · · · ·REPORTER:· Mr. Stone, if you're done with
17· ·anything that involved political speech? 17· ·the exhibit, would you mind removing the screen
18· · · · A.· ·No.· I think he just echoed the testament 18· ·share?
19· ·that this is not -- this is not a -- you know, an 19· · · · · · ·MR. STONE:· No.
20· ·environment where we're worried about what's going 20· · · · Q.· ·(By Mr. Stone)· Mr. Mends, I've got one
21· ·on in the outside world.· We're worried about what's 21· ·more item in that first amended -- or several
22· ·going on in this room. 22· ·items -- but one more that I want to ask you about
23· · · · Q.· ·Any other thing that you can recall Brian 23· ·related to this issue.· So I will share it again.
24· ·Ferentz saying about political speech? 24· ·Do you have before you now Paragraph 162?
25· · · · A.· ·No. 25· · · · A.· ·Yes.

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·1· · · · Q.· ·Would you take a minute and read ·1· ·@AMends21, something of that -- you know ...
·2· ·Paragraph 162 to yourself, and let me know when you ·2· · · · Q.· ·Did you regularly communicate by email
·3· ·complete it. ·3· ·also, Mr. Mends?
·4· · · · A.· ·(Witness complies.) ·4· · · · A.· ·Not unless it was academically.
·5· · · · · · ·Okay. ·5· · · · Q.· ·What was your email address, if you can
·6· · · · Q.· ·There's a statement there about a ·6· ·recall?
·7· ·leadership group meeting.· Do you know when the ·7· · · · A.· ·My University email address or my personal
·8· ·leadership meeting occurred where you or members of ·8· ·email address?
·9· ·the leadership group complained about presentation ·9· · · · Q.· ·Both, please.
10· ·of the jury -- the jersey to Mr. Trump? 10· · · · A.· ·My personal email address is
11· · · · A.· ·Can you say that again. 11· ·AMends31@Gmail.com, and my University address, I
12· · · · Q.· ·Yes.· My question really goes to timing 12· ·think it was AMends@UIowa.edu.
13· ·initially, Mr. Mends.· Do you know when the 13· · · · Q.· ·Did you use Facebook at any time?
14· ·leadership group meeting occurred at which there was 14· · · · A.· ·Yes.
15· ·a complaint about the jersey being presented to 15· · · · Q.· ·Did you have a Facebook name or account?
16· ·Mr. Trump?· Was it close to the time of the jersey 16· · · · A.· ·It was just my first and last name.
17· ·presentation, if you know? 17· · · · Q.· ·How many years have you used Facebook?
18· · · · A.· ·Yes. 18· · · · A.· ·I couldn't tell you.· It's been a while, a
19· · · · Q.· ·And what was said at that meeting about 19· ·long time.
20· ·the jersey presentation, if you can recall? 20· · · · Q.· ·Before you came to Iowa and after?
21· · · · A.· ·That we felt a certain way about it, that 21· · · · A.· ·Yes.
22· ·we didn't -- we felt like it was disrespectful to 22· · · · Q.· ·And then you mentioned that you used
23· ·black players, and it wasn't fair.· We felt that, 23· ·Instagram.· Was that your primary vehicle for social
24· ·you know, it went against -- it went against what we 24· ·media communication during the time you were at
25· ·thought, you know, I guess, was appropriate for the 25· ·Iowa?
Page 195 Page 197
·1· ·team, and that we wanted -- how we felt -- just ·1· · · · A.· ·Yes.· We weren't allowed to use Twitter,
·2· ·expressing how we felt about it. ·2· ·and we were -- it was kind of a blurry, gray area.
·3· · · · Q.· ·Do you know what year that meeting of the ·3· ·Like, we -- I had a Twitter so I could see what
·4· ·leadership group took place? ·4· ·other people were tweeting, but we weren't allowed
·5· · · · A.· ·I believe this was -- I think this was ·5· ·to participate.
·6· ·2015, I believe. ·6· · · · Q.· ·So you could read, but not write on
·7· · · · Q.· ·And what was the time of the year, if you ·7· ·Twitter, basically?
·8· ·can recall?· Was it winter? spring? summer? fall? ·8· · · · A.· ·Is what the rule was in my understanding.
·9· ·Do you recall the time? ·9· · · · Q.· ·Have you deleted any of the accounts that
10· · · · A.· ·I believe it was summer, but I can't, you 10· ·you used at the time that you were at Iowa?
11· ·know, be 100 percent certain on that.· I believe it 11· · · · A.· ·No.
12· ·was in the summer or springtime, around there. 12· · · · Q.· ·So they still exist?
13· · · · Q.· ·Mr. Mends, I want to ask you a few 13· · · · A.· ·Yes.
14· ·questions about your social media use.· What social 14· · · · Q.· ·Have you collected past messages from the
15· ·media do you use with any regularity? 15· ·time that you were at Iowa that you may have posted
16· · · · A.· ·I used to use Twitter, Instagram, 16· ·on Instagram or Facebook or your email or Twitter?
17· ·Facebook. 17· · · · A.· ·I don't believe so.
18· · · · Q.· ·What did you use while you were at Iowa 18· · · · Q.· ·I want to ask you a few more questions
19· ·and in the Iowa football program? 19· ·about your career.· You committed to Iowa in 2013;
20· · · · A.· ·I used Instagram. 20· ·correct?
21· · · · Q.· ·Do you have names -- or what names did you 21· · · · A.· ·Uh-huh.
22· ·use for your Instagram at the time you were with 22· · · · Q.· ·And Coach Bobby Kennedy primarily
23· ·Iowa? 23· ·recruited you?
24· · · · A.· ·I would have to check.· Like, A -- I think 24· · · · A.· ·Yeah.· It was a combination.· At first it
25· ·the same as my Twitter.· Either Mends31, AMends31, 25· ·was LeVar Woods, and then it switched over to Coach

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·1· ·Kennedy and Coach Reid. ·1· ·you know, six to eight months or something like
·2· · · · Q.· ·And you came to Iowa after graduating from ·2· ·that.· And then I was slowly being transitioned
·3· ·high school, and you redshirted in the year 2014; ·3· ·back.· So I would do workouts with the strength and
·4· ·correct? ·4· ·conditioning staff and things of that nature.
·5· · · · A.· ·Yes. ·5· · · · Q.· ·Do you have any complaints today as you
·6· · · · Q.· ·Who started at linebacker in 2015 after ·6· ·sit here about your treatment or your recuperation
·7· ·your redshirt year? ·7· ·or how you were treated medically or whether you
·8· · · · A.· ·After my redshirt year?· I think it was ·8· ·were requested to resume practice or competition at
·9· ·Cole. ·9· ·any time that you felt you weren't ready?
10· · · · Q.· ·Cole Fisher? 10· · · · A.· ·Well, I felt like -- first off, again, I
11· · · · A.· ·Yes, Cole Fisher, Josey Jewell, and I 11· ·was a senior at the team -- a senior on the team at
12· ·think Ben Niemann were all three linebackers. 12· ·the time.· I was a leader.· I was slated to be a
13· · · · Q.· ·Did you play in the year 2015? 13· ·starter.· And typically, if someone had a similar
14· · · · A.· ·Or no.· Sorry.· It was -- we had a little 14· ·instance, a white player, that they would bring you
15· ·bit of rotation.· I think I -- it could have been -- 15· ·to camp and kind of make sure that you're on pace to
16· ·it could have been a few people in there. 16· ·what's going on so when you do come back you have an
17· · · · Q.· ·Could have been what, Mr. Mends? 17· ·opportunity to play again.
18· · · · A.· ·Could have been a few different people in 18· · · · · · ·Because if the doctor's report was
19· ·there. 19· ·correct, I would have been back in time to play for,
20· · · · Q.· ·Jack Hockaday? 20· ·you know, some portion of the season, but instead I
21· · · · A.· ·He didn't start, no, not in that year, not 21· ·was sent home to Kansas City.· And they just --
22· ·that I believe. 22· ·which I have never heard of anyone that had done
23· · · · Q.· ·How about Bo Bower?· Did he play that 23· ·that, especially if they did the surgery there.
24· ·year? 24· ·They'd most likely like to see you through the
25· · · · A.· ·He might have played some. 25· ·rehab.· They just sent me home for the summer and
Page 199 Page 201
·1· · · · Q.· ·What action did you see the year of 2015? ·1· ·were like, "Yeah, you can get" -- "you can get rehab
·2· · · · A.· ·Primarily special teams.· I don't have too ·2· ·at some training center out there.· Just let us
·3· ·much of game footage.· There was a few clips, I ·3· ·know."
·4· ·believe, but nothing to write home about. ·4· · · · Q.· ·Did you get your rehab in Kansas City?
·5· · · · Q.· ·And then in 2018 and spring ball just ·5· · · · A.· ·Yes, I did.
·6· ·before the spring game, you injured your ACL; is ·6· · · · Q.· ·Did the University of Iowa pay for it?
·7· ·that correct? ·7· · · · A.· ·Yes, they did.
·8· · · · A.· ·Yes. ·8· · · · Q.· ·Did you request any medical treatment from
·9· · · · Q.· ·You had surgery following that injury? ·9· ·the University of Iowa that you did not receive?
10· · · · A.· ·Yes. 10· · · · A.· ·Not that I recall.
11· · · · Q.· ·Where was your surgery?· In Iowa City? 11· · · · Q.· ·And then sometime later in the fall of
12· · · · A.· ·Yes. 12· ·2018, were you cleared by the medical staff to
13· · · · Q.· ·Who performed it?· Do you recall? 13· ·resume playing or practice?
14· · · · A.· ·I believe Dr. Wolf. 14· · · · A.· ·I believe so.· It was -- I mean, I didn't
15· · · · Q.· ·Was Dr. Amendola involved in any way in 15· ·ever get back to playing.· So I don't -- I don't
16· ·your treatment? 16· ·know what -- I mean, how they see it, but from all
17· · · · A.· ·He could have been, yeah.· I mean, I was 17· ·intents and purposes, I was okay to play.
18· ·having surgery.· I couldn't tell you who was doing 18· · · · Q.· ·Because of your injury that you
19· ·anything but -- 19· ·experienced in May of 2018, was it less likely, in
20· · · · Q.· ·Were you later cleared medically by the 20· ·your opinion, that you were going to start as a
21· ·Iowa medical staff to play? 21· ·starter at Iowa in the future?
22· · · · A.· ·I believe so. 22· · · · A.· ·No, I don't think so.
23· · · · Q.· ·When was that clearance? 23· · · · Q.· ·Do you know whether the coaches thought
24· · · · A.· ·Not really sure.· Maybe in December or 24· ·you would not play if you came back to the Iowa
25· ·some sort.· They just said that it would take about, 25· ·program for the year 2019?

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·1· · · · A.· ·I don't know what the coaches thought. ·1· ·played at Illinois State, if you know?
·2· · · · Q.· ·Do you know whether any coaches thought it ·2· · · · A.· ·I believe it was Jack Hockaday, John
·3· ·was less likely that you would play in 2019 if you ·3· ·Culberts (ph), and Coach Doyle's son.
·4· ·came back to the Iowa program? ·4· · · · Q.· ·Did you meet with Kirk Ferentz during
·5· · · · A.· ·I don't know what they thought.· But I was ·5· ·August of 2018 about your future prospects at Iowa?
·6· ·a starter prior to the injury, and if that was the ·6· · · · A.· ·Yes.
·7· ·case, I don't see why -- barring they brought in ·7· · · · Q.· ·Where was that meeting?
·8· ·some -- somebody that they felt was going to be in a ·8· · · · A.· ·In his office.
·9· ·better position than I am, there was no reason to ·9· · · · Q.· ·What was the purpose of the meeting?
10· ·say that anyone that was behind me was going to 10· · · · A.· ·We had met twice.· The first one was to
11· ·miraculously jump in front of me, when I had more 11· ·tell me that he didn't want me at the University of
12· ·than a year to recover. 12· ·Iowa anymore.
13· · · · Q.· ·You announced you were leaving Iowa after 13· · · · Q.· ·And what was the second meeting for?
14· ·the Nebraska game in 2018; is that right? 14· · · · A.· ·I wanted to tell him that I wasn't -- I
15· · · · A.· ·I believe so. 15· ·wanted to, I guess, have his permission to leave the
16· · · · Q.· ·Did you have friends at Illinois State? 16· ·University of Iowa.· And -- I don't know.
17· · · · A.· ·Yeah.· There had been other players that 17· · · · Q.· ·Let me ask you about the first meeting.
18· ·had left and went there. 18· ·Who called that first meeting?
19· · · · Q.· ·Did you have any other friends from Kansas 19· · · · A.· ·I think it was Coach Ferentz.
20· ·City or any close friends that were at Illinois 20· · · · Q.· ·And what did he tell you during that
21· ·State that weren't football team members? 21· ·meeting?
22· · · · A.· ·When I got there, I learned that there was 22· · · · A.· ·That he didn't think that with my injury,
23· ·some players from Kansas City, but I had not been 23· ·that he wanted me to be here anymore.
24· ·friends with them prior. 24· · · · Q.· ·What else did you and he discuss?
25· · · · Q.· ·Would you have been eligible to play at 25· · · · A.· ·That was basically it.
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·1· ·Iowa in 2018 if you had stayed? ·1· · · · Q.· ·How long did the meeting last?
·2· · · · A.· ·Yes. ·2· · · · A.· ·It was fairly short, if I recall.· Maybe,
·3· · · · Q.· ·When did you get your bachelor's degree in ·3· ·like, five minutes.
·4· ·2018, if you can recall? ·4· · · · Q.· ·What did you tell him about your injury
·5· · · · A.· ·In -- in December. ·5· ·during that meeting?
·6· · · · Q.· ·You consider yourself a serious student -- ·6· · · · A.· ·I didn't think it was that bad.· Like,
·7· · · · A.· ·Yes. ·7· ·there had been plenty of players -- we had players
·8· · · · Q.· ·-- fair statement? ·8· ·that had torn their ACL two, three times and came
·9· · · · · · ·You worked at your studies? ·9· ·back and play, for example, Brandon Snyder.· He tore
10· · · · A.· ·Yes. 10· ·his ACL, came back during the middle of the season
11· · · · Q.· ·You attended class generally and performed 11· ·and attempted to play again.· And there's other --
12· ·well in your classes? 12· ·there's copious examples of people that have torn
13· · · · A.· ·Yes, for the most part. 13· ·their ACLs and have come back.· But for me it
14· · · · Q.· ·Were you ever disciplined for not 14· ·just -- for some reason they just -- they didn't
15· ·attending class? 15· ·want it.· They were like, hey, this dude's a black
16· · · · A.· ·Maybe early on in my career. 16· ·player.· He's fucking -- sorry -- sorry for my
17· · · · Q.· ·But after a few years, you were a regular 17· ·language.· He's a black player.· He's basically just
18· ·class attender and completed your degree and got 18· ·on welfare here.· So they were, like, "Just get him
19· ·your degree; correct? 19· ·out of here."
20· · · · A.· ·I mean, nothing out of the normal for a 20· · · · Q.· ·Was that your --
21· ·regular college student, but I was able to complete 21· · · · A.· ·Huh?
22· ·it. 22· · · · Q.· ·Was that your assumption, or was that
23· · · · Q.· ·What was your degree in? 23· ·based on something Mr. Ferentz said?
24· · · · A.· ·Enterprise leadership. 24· · · · A.· ·That's what it felt like.· There was a
25· · · · Q.· ·Who were the linebackers at Iowa when you 25· ·definite -- there was a definite double standard of

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·1· ·what a scholarship meant for a white player and a ·1· ·Was it in May of 2018?
·2· ·scholarship meant for a black player. ·2· · · · A.· ·I can't tell you the exact day.· I know it
·3· · · · Q.· ·What was the reason for the second meeting ·3· ·was the last practice before the spring game, or
·4· ·with Coach Ferentz? ·4· ·maybe one or two, but very close to the spring game.
·5· · · · A.· ·I wanted to let him know that I wasn't ·5· · · · Q.· ·In the spring of 2018?
·6· ·done playing.· I believe -- I didn't believe that ·6· · · · A.· ·Yes.
·7· ·was the right decision.· I mean, I wanted to stay, ·7· · · · Q.· ·Between the end of the football season of
·8· ·but I was like, hey, if I can't stay, I can't force ·8· ·2017, which was completed with the Pinstripe Bowl,
·9· ·them to keep me here.· So I'm going to -- I let him ·9· ·and meeting with Kirk Ferentz in August of 2018,
10· ·know that, hey, Coach Ferentz, I'm not done, and I 10· ·what involvement did you have with the football
11· ·want to try and play at another university. 11· ·program?· You practiced in the spring for a period
12· · · · Q.· ·Do you know whether Coach Ferentz thought 12· ·of time; correct?
13· ·you would start if you returned to the Iowa program 13· · · · A.· ·Yes.
14· ·in 2019? 14· · · · Q.· ·And after your last practice leading up to
15· · · · A.· ·I don't know what he thought.· I don't see 15· ·your ACL surgery, what involvement did you continue
16· ·why he wouldn't, if I was a starter prior. 16· ·to have with the Iowa football program through the
17· · · · Q.· ·When you were at Illinois State and you 17· ·summer or fall of 2018 before you left to go to
18· ·injured your Achilles tendon, when did that injury 18· ·Illinois State?
19· ·occur? 19· · · · A.· ·I would attend some practices.· I would
20· · · · A.· ·Basically a month or two after I got there 20· ·help, you know, come -- I would come to meetings. I
21· ·in February, prior to the season. 21· ·was just basically a part of the team, but I
22· · · · Q.· ·And was it healed so that you were able to 22· ·couldn't practice.
23· ·play the entire season of 2019 at Illinois State? 23· · · · Q.· ·Would you go to the football building
24· · · · A.· ·Yes. 24· ·every day that you were on campus after meeting with
25· · · · Q.· ·And you played that year with pain; 25· ·Kirk Ferentz in August of 2018?
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·1· ·correct? ·1· · · · A.· ·Fairly regularly, yeah.
·2· · · · A.· ·I mean, it wasn't -- it wasn't painful ·2· · · · Q.· ·What does that mean by "fairly regularly"?
·3· ·enough to not play.· It was just -- it was what it ·3· · · · A.· ·Well, I mean, just going through
·4· ·was.· It was something I had to be cautious of, ·4· ·everything that I had went through, I think they
·5· ·obviously.· Just any injury that you have, you don't ·5· ·kind of -- you know, they felt that maybe I
·6· ·want to -- you have a higher risk of injuring it ·6· ·needed -- I don't know.· They really didn't -- they
·7· ·again.· So just something that I was aware of it, ·7· ·really weren't checking to see if I was coming or
·8· ·but I just worked with the trainers, and I taped it ·8· ·not.· They really didn't care.· They were just like,
·9· ·up and I was okay. ·9· ·"Oh, like, if he comes, cool.· If he doesn't,
10· · · · Q.· ·Did you think that you had a shot at 10· ·whatever."· Like, it didn't matter to them.
11· ·playing professional football after you played at 11· · · · · · ·So whenever I -- I was just trying to keep
12· ·Illinois State? 12· ·coming as often as possible, and some days I just --
13· · · · A.· ·Yes. 13· ·mentally I was just like, man -- like, it was
14· · · · Q.· ·And you earned a master's from Illinois 14· ·weighing on me.· So I just wouldn't come.· But I was
15· ·State University; correct? 15· ·there pretty regularly.
16· · · · A.· ·Yes, I did. 16· · · · Q.· ·When you met with Kirk Ferentz in August
17· · · · Q.· ·When did you get your degree? 17· ·of 2018, you clearly weren't cleared by the medical
18· · · · A.· ·That was 2020.· I think January -- or 18· ·staff to participate in practice; correct?
19· ·sorry.· That semester, that first semester. 19· · · · A.· ·When I met with Coach Ferentz?· At that
20· · · · Q.· ·Sorry? 20· ·point I don't believe so, but I don't know -- I
21· · · · A.· ·The first semester. 21· ·don't know.· I don't know when I was officially
22· · · · Q.· ·What is your master's in, Mr. Mends? 22· ·cleared.
23· · · · A.· ·Rec administration. 23· · · · Q.· ·That was just three months after your ACL
24· · · · Q.· ·What was the date of your last football 24· ·surgery.· You knew it was going to take six to nine
25· ·practice with the Iowa football team, if you know? 25· ·months at a minimum to get medically cleared to

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·1· ·participate after an ACL surgery; correct? ·1· · · · A.· ·Yes.
·2· · · · A.· ·I don't know exactly how long it takes. ·2· · · · Q.· ·What was that incident?
·3· ·And obviously I've shown that I've done thing -- I ·3· · · · A.· ·In reference to -- we'd watch tape all the
·4· ·can -- I've recovered faster than most people, but I ·4· ·time.· You know, sometimes we would have -- we would
·5· ·do -- at that point I don't believe that I was ready ·5· ·have, like, team meetings or something.· Let's say a
·6· ·to come back. ·6· ·play was in practice.· It was fairly regular for him
·7· · · · Q.· ·Did Kirk Ferentz ever say anything to you ·7· ·to bring up plays and make a comment like, "That
·8· ·about your hair? ·8· ·right there, that's fucking stupid.· That's not" --
·9· · · · A.· ·No. ·9· ·"that's not Iowa football," is what he would say.
10· · · · Q.· ·Did Kirk Ferentz ever say anything to you 10· · · · Q.· ·Did you generally tend to agree with him,
11· ·about tattoos? 11· ·that the incidents he was pointing out weren't
12· · · · A.· ·No. 12· ·typical of Iowa football?
13· · · · Q.· ·Did Kirk Ferentz ever say anything to you 13· · · · A.· ·No.· I don't think that's how a coach
14· ·about your clothing or jewelry or diction or the way 14· ·would go about it.· I mean, there's -- obviously
15· ·you walked? 15· ·people make mistakes, but that's the job of a coach,
16· · · · A.· ·No. 16· ·is to coach those things, not to ridicule you, or
17· · · · Q.· ·Did you ever hear Kirk Ferentz say to you 17· ·else how are you going to get better?
18· ·the N-word in reference to you? 18· · · · Q.· ·What is the worst thing you can remember
19· · · · A.· ·No. 19· ·Kirk Ferentz calling anyone in the Iowa football
20· · · · Q.· ·Did you ever hear Kirk Ferentz say in 20· ·program?
21· ·reference to you anything related to being a gang 21· · · · A.· ·That's a vague question.· I'm not sure. I
22· ·member or having any gang affiliation? 22· ·mean, I don't recall.
23· · · · A.· ·No. 23· · · · Q.· ·Do you know if Kirk Ferentz contacted any
24· · · · Q.· ·Did Kirk Ferentz ever call you a stupid 24· ·NFL teams about you?
25· ·MF?· I think you know what that term means. 25· · · · A.· ·I have no idea.· That's not something I
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·1· · · · A.· ·No. ·1· ·would know.
·2· · · · Q.· ·Did you ever hear Kirk Ferentz say to any ·2· · · · Q.· ·Do you recall Bobby Kennedy contacting you
·3· ·other African American football player something ·3· ·after George Floyd's death and specifically after
·4· ·about their hair? ·4· ·June 4th of 2020?
·5· · · · A.· ·Not that I recall. ·5· · · · A.· ·It was after -- it was after James Daniels
·6· · · · Q.· ·Did you ever recall Kirk Ferentz saying ·6· ·had tweeted about the discrimination.
·7· ·anything to any black American football player about ·7· · · · Q.· ·Do you recall the date when Bobby Kennedy
·8· ·their tattoos? ·8· ·contacted you, approximately?
·9· · · · A.· ·Not that I recall, no. ·9· · · · A.· ·Shortly after.
10· · · · Q.· ·Same question.· Did you ever hear Kirk 10· · · · Q.· ·You had a personal relationship with Bobby
11· ·Ferentz say anything to a black American or African 11· ·Kennedy; correct?· He had been involved in
12· ·American football player about their clothing, 12· ·recruiting you?
13· ·jewelry, diction, or the way they walked? 13· · · · A.· ·In that aspect, yes.· I mean, he wasn't my
14· · · · A.· ·Not that I recall. 14· ·coach.· So, like, once I got on campus, it wasn't --
15· · · · Q.· ·Did you ever hear Kirk Ferentz call any 15· ·we didn't really interact.· He was a receivers
16· ·African American player by the N-word? 16· ·coach.· I was with linebackers.· But as he recruited
17· · · · A.· ·Not that I recall. 17· ·me, you know, we had a relationship there.
18· · · · Q.· ·Did you ever hear Kirk Ferentz call any 18· · · · Q.· ·Was he the coach with whom you had the
19· ·other African American player a gang member or 19· ·closest personal connection, do you believe?
20· ·anything to do with gang affiliation? 20· · · · A.· ·No.
21· · · · A.· ·Not that I recall. 21· · · · Q.· ·He left Iowa after the 2017 season; is
22· · · · Q.· ·Do you recall Kirk Ferentz ever saying 22· ·that correct?
23· ·anything with reference to a stupid MF to any 23· · · · A.· ·I believe -- I believe so.
24· ·African American player or any player of any race or 24· · · · Q.· ·He went to Stanford?
25· ·color on the team? 25· · · · A.· ·Yeah, I know he went to Stanford.· I don't

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·1· ·remember what year he left. ·1· ·they wanted to say.· So they could just, you know,
·2· · · · Q.· ·You had one conversation with Bobby ·2· ·refer them to me, and I would kind of straighten
·3· ·Kennedy about alleged racial discrimination in the ·3· ·them out.· And they have plenty of people in the
·4· ·Iowa football program, and that one conversation was ·4· ·building just like that, jordan Lomax, for example.
·5· ·in June of 2020; is that a true statement? ·5· ·Before me it was him.· The other coaches,
·6· · · · A.· ·Yes. ·6· ·Kevin -- Broderick Binns.· It's just a voice so you
·7· · · · Q.· ·During the time that you were both in the ·7· ·can just say something, but it's not going anywhere.
·8· ·program before 2017, you did not have any ·8· ·It's just -- you're just talking, wasting your --
·9· ·discussions with Bobby Kennedy about any alleged ·9· ·you're wasting your breath.· Because at the end of
10· ·discrimination in the program while either one of 10· ·the day, Coach Ferentz, Coach Doyle have no checks
11· ·you or both were still in the program, did you? 11· ·and balances.· They can do and say whatever they
12· · · · A.· ·We had talked -- we had spoken on multiple 12· ·want.
13· ·occasions about things, but it got to the point 13· · · · Q.· ·Have you now told me everything that you
14· ·where, like, I'm in this.· I've been here for 14· ·can recall about your conversations with Coach Bobby
15· ·three -- two, three, four years at this point. 15· ·Kennedy about alleged racial discrimination up until
16· ·Like, there's nothing he can do.· Like, it 16· ·the time he left the program in -- following the
17· ·doesn't -- there's no -- there's only two people 17· ·Pinstripe Bowl --
18· ·that can make a change in the building, and that's 18· · · · A.· ·No.
19· ·Coach Ferentz and Coach Doyle.· No one else's word 19· · · · Q.· ·-- after the 2017 season?
20· ·means anything.· They got rid of him, just like they 20· · · · A.· ·I don't believe so.
21· ·get rid of all the other black players. 21· · · · Q.· ·You have told me or you don't recall, I
22· · · · · · ·Like, it gets to the point where, like, 22· ·think, for --
23· ·when you're speaking to other black coaches, 23· · · · A.· ·No.· We had -- we -- I don't -- the times
24· ·their -- like, their hands are strapped.· They don't 24· ·that you're dating, the times you're using are
25· ·even know what to say.· They're just like -- I mean, 25· ·confusing me, but I did have another conversation
Page 215 Page 217
·1· ·just try and -- you know, try and stay on his good ·1· ·where he called me personally and apologized for
·2· ·side, is what -- is basically the sentiment that you ·2· ·recruiting me to the University of Iowa.· Because he
·3· ·get. ·3· ·said that what was going on there was wrong, and he
·4· · · · · · ·So after reporting multiple times -- or ·4· ·felt bad.
·5· ·having meetings with Coach Ferentz, he started the ·5· · · · Q.· ·Yeah.· And you have referenced that
·6· ·committee.· What more is there for me to say? I ·6· ·conversation as occurring in June of 2020; is that
·7· ·don't know what I can say that's going to make a ·7· ·true?
·8· ·difference.· Like, at some point I have to just ·8· · · · A.· ·Yes.· I didn't understand your previous
·9· ·endure. ·9· ·statement.· I'll listen better.
10· · · · Q.· ·So what is it that you say you and Bobby 10· · · · Q.· ·Well, no, you're fine.· Sometimes a lot
11· ·Kennedy had talked about about racial discrimination 11· ·gets in the questions, Mr. Mends.
12· ·in the Iowa program before 2017? 12· · · · · · ·But as you sit here today under oath, can
13· · · · A.· ·We would talk about players and, like, how 13· ·you recall saying anything else to Bobby Kennedy
14· ·other certain players would be treated and how 14· ·that you haven't yet told me about any claims of
15· ·they're being perceived and just, like, what can we 15· ·racial discrimination that you made to him during
16· ·do about it.· And obviously I'm -- I was a captain 16· ·2017 or earlier when you were both part of the Iowa
17· ·in some sort.· So I'm -- I was there to try and help 17· ·program?
18· ·people, you know, like, "Hey, maybe, like, don't do 18· · · · A.· ·I believe I've told you everything that I
19· ·this.· Maybe you can stay on his good side.· Like, 19· ·can recall.
20· ·hey, you're a good player." 20· · · · Q.· ·Okay.
21· · · · · · ·Because obviously Coach Kennedy, he wants 21· · · · A.· ·Do you mind if I take a break and use the
22· ·his guys to do well.· So if I can say, "Hey, like, 22· ·restroom?
23· ·you know" -- "you know, talk to Aaron.· He'll tell 23· · · · Q.· ·No.· You can.· What do you need?· Five
24· ·you what you're supposed to do."· It's -- they -- I 24· ·minutes?· Ten minutes?
25· ·was used as a token so they didn't have to say what 25· · · · A.· ·Five minutes is fine.

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·1· · · · Q.· ·Okay. ·1· · · · A.· ·I believe so.
·2· · · · · · ·MS. MATE-KODJO:· Can we actually take 10 ·2· · · · Q.· ·Did you keep any notes or records of the
·3· ·minutes?· I could use a break as well. ·3· ·meetings?
·4· · · · · · ·MR. STONE:· All right.· We can take 10 ·4· · · · A.· ·No.
·5· ·minutes. ·5· · · · Q.· ·Did you write any emails or Instagram
·6· · · · · · ·MS. MATE-KODJO:· Thanks, Roger. ·6· ·messages or anything else after the meetings to your
·7· · · · · · ·THE VIDEOGRAPHER:· Off the record at ·7· ·friends or family or other players?
·8· ·2:44 p.m. ·8· · · · A.· ·No.· It was supposed to be kept private.
·9· · · · · · ·(A brief recess was taken.) ·9· ·Coach Ferentz took meeting -- took notes over it,
10· · · · · · ·THE VIDEOGRAPHER:· On the record at 10· ·but it was supposed to be private between us.· And
11· ·2:56 p.m. 11· ·then we were going to, I guess, have a discussion
12· · · · Q.· ·(By Mr. Stone)· Mr. Mends, you went on the 12· ·about how we -- I guess we were having discussions
13· ·player council in 2017; is that right? 13· ·about how we should change things.
14· · · · A.· ·I believe so. 14· · · · Q.· ·Did you -- do you recall who was at the
15· · · · Q.· ·Is that your junior year? 15· ·first meeting besides you and Coach Ferentz?
16· · · · A.· ·I believe so, yes. 16· · · · A.· ·Yeah.· There was -- the meetings were,
17· · · · Q.· ·When was your first meeting, if you know? 17· ·like, irregular.· There wasn't, like, a scheduled
18· · · · A.· ·Which meeting -- which council are you 18· ·every day at this time.· And people had different
19· ·referring to? 19· ·class schedules.· So from what I can recall, I know
20· · · · Q.· ·Well, why don't you tell me.· There's -- I 20· ·James Daniels was at a meeting, Toren Young, Ivory
21· ·think in your answer to Interrogatory No. 3, I think 21· ·Kelly-Martin.· I believe Miles Taylor was there.· It
22· ·you made a reference to a player council.· Are there 22· ·was just -- you know, it was kind of a -- I don't
23· ·more than one council? 23· ·know -- a fluid group of guys.· Just kind of
24· · · · A.· ·Yeah.· Can I see that? 24· ·depended on who Coach Ferentz wanted to talk to that
25· · · · Q.· ·Yeah.· All right.· Mr. Mends, I've put up 25· ·day.
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·1· ·on the screen, I believe, Interrogatory No. 3 and ·1· · · · Q.· ·How many times did the players council
·2· ·your answer.· You can take a minute to read that, ·2· ·meet that you participated in?
·3· ·and if you'd like me to scroll down, I'll be happy ·3· · · · A.· ·I believe twice, but there could have been
·4· ·to do that. ·4· ·other meetings with me not there, depending on my
·5· · · · A.· ·(Witness complies.) ·5· ·class schedule or what it would have been.
·6· · · · · · ·Okay. ·6· · · · Q.· ·Where was the first meeting that you
·7· · · · Q.· ·Have you had a chance to read it? ·7· ·attended, if you can recall?
·8· · · · A.· ·Yes. ·8· · · · A.· ·In the football facility.
·9· · · · Q.· ·The player council that you refer to, do ·9· · · · Q.· ·How long did it last?
10· ·you have another name for that, or how do you 10· · · · A.· ·Maybe, like, 30 minutes, an hour.
11· ·describe that? 11· · · · Q.· ·How long were you on the players council?
12· · · · A.· ·No.· That's a working -- it really wasn't 12· ·How many years did you serve?
13· ·given an official name.· It just was a group of all 13· · · · A.· ·On this particular council we're referring
14· ·the black players Coach Ferentz had hand-selected to 14· ·to, it wasn't really, like, a designated position.
15· ·discuss racial issues that were going on in the 15· ·It was kind of just like -- he just selected people
16· ·building. 16· ·that he felt that -- I don't know -- that would --
17· · · · Q.· ·When was your first meeting with that 17· ·that exemplified the Iowa culture they were creating
18· ·group, if you know? 18· ·and would speak on behalf of other players -- other
19· · · · A.· ·It was sometime in the summer.· Summertime 19· ·black players.· But, I mean, if you pick the people
20· ·is really the only time that we would ever do 20· ·that you're talking to, obviously you're going to
21· ·anything.· When football season starts, everything 21· ·get the answers that you want.
22· ·gets thrown out the window. 22· · · · Q.· ·Who ran the meeting?
23· · · · Q.· ·So this would have been the summer of 23· · · · A.· ·Coach Ferentz.
24· ·2017, after spring football, that you became a 24· · · · Q.· ·And how many coaches were there, if you
25· ·member of the player council? 25· ·can recall?

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·1· · · · A.· ·Just him. ·1· ·difficult to talk to a coach about his son.· Like,
·2· · · · Q.· ·Did you say anything at the first meeting? ·2· ·that's not -- that's something, I think, everyone
·3· · · · A.· ·Yes. ·3· ·can understand.
·4· · · · Q.· ·What'd you say? ·4· · · · Q.· ·And you didn't say anything specific about
·5· · · · A.· ·We just all -- it was a group discussion. ·5· ·Brian Ferentz, did you?
·6· ·We were all discussing the issues that we were ·6· · · · A.· ·I had no -- I don't interact with Brian
·7· ·having at the facility, whether it be Coach -- the ·7· ·Ferentz.· I think that -- I'm not the -- when
·8· ·treatment Coach Doyle had, the team rules, how we ·8· ·speaking about Brian Ferentz, he's on offense. I
·9· ·felt that, like, some of the team rules were ·9· ·play defense.· So my interactions are minimal, and I
10· ·racially motivated and that, like, wearing your 10· ·tried to limit them, because I saw the way he
11· ·earrings doesn't -- that's not something that for 11· ·treated other players.· I wouldn't try to interact
12· ·some -- I don't know.· We just -- we had -- there 12· ·with someone that treated other people that I
13· ·was a myriad of topics that we discussed. 13· ·respected poorly.· So if I had no reason to speak to
14· · · · Q.· ·Did you speak about Chris Doyle 14· ·Brian Ferentz or speak about him, I wouldn't ever
15· ·personally? 15· ·involve myself in that, because why would I -- why
16· · · · A.· ·I chimed in. 16· ·would I?
17· · · · Q.· ·What does that mean? 17· · · · Q.· ·So how many meetings do you recall of this
18· · · · A.· ·Other people were expressing how they 18· ·players council?
19· ·felt, and I was giving my testament to I agree that 19· · · · A.· ·I think one or two.
20· ·what they had said was truthful and -- I don't 20· · · · Q.· ·Was one in 2017 and one in another year,
21· ·know -- that it's something that we are accustomed 21· ·or can you tell me?
22· ·to. 22· · · · A.· ·I think we had another one -- Jordan Lomax
23· · · · Q.· ·What specifically did you say about Chris 23· ·might have been there.· Like I said, it was very
24· ·Doyle during that first leadership or players 24· ·fluid.· It was just kind of like we'd be done with a
25· ·council meeting, if you can recall? 25· ·practice or a workout or something like that, and
Page 223 Page 225
·1· · · · A.· ·We had discussed that players felt like ·1· ·Coach would come up be like, "Hey, guys, come up. I
·2· ·they were being treated differently because of their ·2· ·want to have a conversation with you about
·3· ·race and players don't feel comfortable at Iowa, ·3· ·something."
·4· ·whether it be the team rules, because they wanted to ·4· · · · · · ·And like I said, it was very fluid.· So,
·5· ·ask.· They're like, "Why do people" -- "you know, ·5· ·like, a lot of times, you know, I can remember the
·6· ·what is so racially wrong with Iowa?"· People did ·6· ·people that were there.· That kind of, you know,
·7· ·not feel comfortable.· They felt, you know, ·7· ·will give you an indication of what year it was, but
·8· ·marginalized and pushed to the side.· They felt like ·8· ·it was not like it was a formal meeting, like -- not
·9· ·once they made one mistake that they were never ·9· ·that it wasn't formal.· It was formal.· We sat down.
10· ·going to come back from it and that Coach Ferentz's 10· ·We knew what we were coming to speak about, but it
11· ·best friend, Coach Doyle, was the person causing 11· ·was not a planned-out thing where we're like, "Hey,
12· ·most of this, and he had eroded this culture that 12· ·next week we're going to come talk about this."· We
13· ·they tried to create, and it became something that 13· ·didn't have an opportunity to prepare what we wanted
14· ·was just common -- it was just the common practice 14· ·to say.· It was kind of like, "Okay, you guys have
15· ·at the facility. 15· ·all these complaints.· Say them.· Here's your 30
16· · · · Q.· ·And what is it specifically that you said, 16· ·minutes.· Say something.· All right.· Nothing else?
17· ·if anything, at the meeting that you can recall? 17· ·We're done."
18· ·Not what other people said, but what you said 18· · · · Q.· ·And in your answer to Interrogatory No. 3
19· ·individually, personally. 19· ·that I put up on the board, it says, "There were
20· · · · A.· ·That Coach Doyle didn't treat everybody 20· ·multiple meetings with Mr. Ferentz throughout
21· ·fairly. 21· ·Mr. Mends' tenure at the University of Iowa."
22· · · · Q.· ·Were other coaches discussed besides Coach 22· · · · A.· ·Yes.
23· ·Doyle, if you can recall? 23· · · · Q.· ·You see that in the -- starting in the
24· · · · A.· ·Brian Ferentz.· But obviously not everyone 24· ·fifth line of your answer?
25· ·has interaction with Brian Ferentz.· It's very 25· · · · A.· ·Yes.

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·1· · · · Q.· ·And you can recall two such meetings; ·1· ·brought whom together.· I'm asking you for what
·2· ·correct? ·2· ·words you say Coach Ferentz said that acknowledged
·3· · · · A.· ·Yeah.· A few, two or three.· I mean, there ·3· ·there were issues within the program.· What words?
·4· ·was -- ·4· ·Do you understand my question?
·5· · · · Q.· ·Well, which is it, Mr. Mends?· You said ·5· · · · A.· ·Yes.· He said that he would speak with
·6· ·two a couple of times.· Are you now expanding it to ·6· ·Coach Doyle.· They would have a discussion, and the
·7· ·three, or what's your testimony, sir? ·7· ·issues would be resolved.
·8· · · · A.· ·I will say two. ·8· · · · Q.· ·Okay.· Any other words that Kirk Ferentz
·9· · · · Q.· ·And then it says further on, "Mr. Ferentz ·9· ·used?
10· ·acknowledged there were problems in the program 10· · · · A.· ·"How else can I help you guys to feel more
11· ·relating to negative racial treatment toward black 11· ·comfortable and make" -- "how can we make other
12· ·players." 12· ·black players feel comfortable at the University of
13· · · · A.· ·Yes. 13· ·Iowa?"
14· · · · Q.· ·What is it that Mr. Ferentz said that 14· · · · Q.· ·Anything else that Mr. Kirk Ferentz said
15· ·causes you to conclude that? 15· ·that you can recall at the players council meeting
16· · · · A.· ·I mean, in the meeting he said that they 16· ·about how he would handle the situation or how he
17· ·was going to make solutions.· If there was no issue, 17· ·would address the issues of racial treatment?
18· ·there'd be no solutions to be had.· He said that 18· · · · A.· ·I can't remember it word for word.· The
19· ·"Hey, like, Coach Doyle" -- he would just say, like, 19· ·sentiment was, "We are going to make a change, and
20· ·"Hey, you know Coach Doyle is just like that," blah, 20· ·we are aware on how you guys are feeling and how you
21· ·blah, blah, blah, blah, "but, like, I'm going to 21· ·guys are being treated.· We are aware of the people
22· ·talk to him.· I'm going to get his opinion.· I'm 22· ·you guys are saying have done it.· We will speak
23· ·going to have a conversation about it." 23· ·with them, and we will make sure that it's different
24· · · · · · ·And from what I've been told, he would 24· ·so we can continue on and have our success."
25· ·just -- Coach Doyle would say, "That's not true." 25· ·Because they were -- that was the number one driver,
Page 227 Page 229
·1· · · · · · ·And he'd be like, "All right, buddy. ·1· ·is they wanted to re-create the 2015 season.· They
·2· ·Like, I trust you.· I don't trust these dudes." ·2· ·wanted to make sure everything was -- and that was
·3· · · · · · ·Like, they're just -- they made it very ·3· ·it.· If we were going to be quiet, they would -- so
·4· ·apparent that they had all the power.· Coach Ferentz ·4· ·we could win more games, then everything would be
·5· ·literally would tell us all the time that he has NFL ·5· ·cool.
·6· ·teams that call him every single year to come coach, ·6· · · · Q.· ·Anything else that you can recall that
·7· ·and he stays in college.· Coach Doyle has said, "NFL ·7· ·Coach Ferentz said specifically at the meeting?
·8· ·teams do not respect" -- "NFL teams respect my word ·8· · · · A.· ·Word for word, no.· But there's plenty of
·9· ·over anything." ·9· ·people that can speak to it that were in those
10· · · · · · ·They were a team.· They -- everything that 10· ·meetings.
11· ·they did was in tandem.· They would always have 11· · · · Q.· ·And then when was the next meeting of the
12· ·conversations with each other about player personnel 12· ·players council?
13· ·meetings and things.· And I'm sure he has copious 13· · · · A.· ·I'm assuming sometime after that.
14· ·notes about it. 14· · · · Q.· ·Well, do you recall when after the first
15· · · · Q.· ·So what is it that you specifically say 15· ·meeting that the second meeting occurred?· Was it a
16· ·Mr. Ferentz said that acknowledged there were issues 16· ·year later?· Was it six months?
17· ·within the program relating to negative racial 17· · · · A.· ·Like --
18· ·treatment?· What words did he say, if you can 18· · · · Q.· ·If you know.
19· ·recall? 19· · · · A.· ·Like I said -- like I said, it was a fluid
20· · · · A.· ·He brought together a meeting of all black 20· ·group.· So I'm not sure when the next meeting would
21· ·players that he hand-selected to talk -- 21· ·have been, because I wasn't an attendant at every
22· · · · Q.· ·Excuse me, Mr. Mends.· Let me interrupt 22· ·single group.· I had class and different class
23· ·you again.· Okay?· In case you didn't hear my 23· ·conflicts.· We all had different class conflicts.
24· ·question, it went to what words he used.· I'm not 24· ·That's why certain people would come on certain days
25· ·asking you about who called the meeting or who 25· ·and others wouldn't.

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·1· · · · Q.· ·So when you said that there were two ·1· ·the coaches about it, they were saying that "Hey,
·2· ·meetings, does that mean there were two meetings of ·2· ·you know, like, this guy is" -- "you know, he's
·3· ·the players council or two meetings at which you ·3· ·upset.· That's not" -- "that's not the case.· That's
·4· ·attended? ·4· ·not how things are here."
·5· · · · A.· ·I don't know how many that -- two meetings ·5· · · · · · ·And the book never got written.· So I -- I
·6· ·that I remember being at. ·6· ·had no reason to believe that they would be lying to
·7· · · · Q.· ·You remember personally being at two ·7· ·my face at that time.
·8· ·meetings? ·8· · · · Q.· ·Who was that person, if you know?
·9· · · · A.· ·Yes. ·9· · · · A.· ·The coaches.· I mean, everyone that I had
10· · · · Q.· ·Okay.· And how far apart in time or months 10· ·talked to about it.
11· ·were those two meetings that you were at? 11· · · · Q.· ·No.· Who was the player who was writing
12· · · · A.· ·Maybe a month or so apart. 12· ·the book that you're describing?
13· · · · Q.· ·All right.· What do you recall Mr. Ferentz 13· · · · A.· ·Oh, I -- I think it was DJK or something
14· ·said, if anything, more at the second meeting than 14· ·like that.· I'm not sure.· He was -- I know he was a
15· ·what he had said at the first meeting, if you can 15· ·receiver at Iowa and had, like, the number one -- I
16· ·recall? 16· ·don't know.· He was, like, the number one receiver
17· · · · A.· ·If we had any more things that we were 17· ·at the time or something like that.· I'm not really
18· ·worried about, just kind of more of the "We're 18· ·sure.· It was before my tenure.· So ...
19· ·making changes.· So, you know, like, give us some 19· · · · Q.· ·Was this before or after his arrest, if
20· ·time.· Things don't happen overnight," I guess, type 20· ·you know?
21· ·of sentiment. 21· · · · A.· ·I'm assuming it was after.· I don't know.
22· · · · Q.· ·So who do you recall speaking at the 22· ·I don't -- I didn't follow the story.· It was just
23· ·players council meetings that were lodging 23· ·something that I had heard, that I obviously was
24· ·complaints about alleged racial discrimination? 24· ·concerned about.
25· · · · A.· ·James Daniels, Jordan Lomax, everyone. 25· · · · Q.· ·What was he arrested for?
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·1· ·Everyone that was there was -- had complaints.· We ·1· · · · A.· ·I don't know.· I just -- I just heard
·2· ·all had complaints.· We were all agreeing.· It was a ·2· ·about the book.· I didn't hear about his -- what
·3· ·group conversation.· To say that I can tell you ·3· ·brought him to that situation.· It was just that he
·4· ·exactly who said what word for word -- like, this ·4· ·allegedly was writing something about racial
·5· ·was years ago, and I don't think that would be fair. ·5· ·discrimination.
·6· ·But I was in the -- I know what was said. ·6· · · · Q.· ·What you heard was he was writing a book
·7· · · · Q.· ·And at the second meeting, did Mr. Ferentz ·7· ·about racial discrimination sometime after his
·8· ·indicate that he would resolve the issues and handle ·8· ·arrest?
·9· ·the problems, as he did at the first meeting? ·9· · · · · · ·MS. MATE-KODJO:· That's not what he said.
10· · · · A.· ·Yes.· We all had -- we were all under the 10· · · · · · ·MR. STONE:· Well --
11· ·agreeance that there was something that was going to 11· · · · · · ·MS. MATE-KODJO:· Your -- all your
12· ·be done.· There was going to be objective change 12· ·questions are testimonial in nature, and it's just,
13· ·from what the culture was prior. 13· ·you know, making a really unclear record, but you do
14· · · · Q.· ·Do you know whether this was the first 14· ·you, Roger.
15· ·players council meeting during the Iowa football 15· · · · · · ·MR. STONE:· Well, thank you, Beatriz.
16· ·tenure that Coach Ferentz was there that these 16· ·I'll try to follow your advice.
17· ·issues were raised? 17· · · · Q.· ·(By Mr. Stone)· So, Mr. Mends, what is
18· · · · A.· ·I can't say from my own account, but I 18· ·your testimony about DJK writing a book after his
19· ·know that there'd been other racial incidences that 19· ·arrest other than what you've told me?· Can you
20· ·have been brought up over the time that Coach 20· ·clarify that for us.
21· ·Ferentz has been at University of Iowa. 21· · · · A.· ·Yeah, I have no recollection of an arrest
22· · · · · · ·When I was a freshman, there was a -- 22· ·of any sort.· When I was -- all I was told is there
23· ·there was an athlete that was rumored to be writing 23· ·was a former Iowa player, he was a number one
24· ·a book about his racial experience at the University 24· ·receiver at the time, and he was writing a book
25· ·of Iowa.· And when I've asked -- when I was asking 25· ·about racial discrimination.· If you're telling me

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·1· ·that he was arrested prior to my tenure at Iowa, ·1· · · · Q.· ·Okay.· And what did he tell you?
·2· ·then I have to say that what you're saying makes ·2· · · · A.· ·That the treatment is what's to be
·3· ·logical sense. ·3· ·expected.· Like, that's how it is, like, that
·4· · · · Q.· ·Do you know when he was at Iowa? ·4· ·they've been doing this, and there's nothing that
·5· · · · A.· ·Before I got there.· I don't know. ·5· ·you're going to say.
·6· · · · Q.· ·Did you ever talk to him? ·6· · · · · · ·Like, I'm a freshman.· What can a
·7· · · · A.· ·No, I've never spoken with him.· I've ·7· ·freshman -- at that time I'm a freshman/sophomore.
·8· ·never seen him or spoken to him. ·8· ·What can a young player say to Coach Doyle that's
·9· · · · Q.· ·Okay.· So other than his book, do you have ·9· ·going to make him change, when he's so respected by
10· ·any knowledge of any complaints of racial 10· ·people -- the people that you need to get your
11· ·discrimination at the Iowa program that were told to 11· ·opportunity?· So basically just fall in -- like,
12· ·Kirk Ferentz prior to the players council meeting 12· ·he's like, "Hey, like, if you want to make it
13· ·that you first attended in 2017? 13· ·through it, you got to just fall in line."· He's
14· · · · A.· ·I mean, I was told by older players that 14· ·like, "All of my friends have been kicked out."
15· ·had been there prior to me that were, like, seniors 15· ·They all would -- they all would basically give you
16· ·and things like that that they -- like, that's just 16· ·the same sentiment:· Like, get a degree.· All of
17· ·how it is, that Coach Doyle's been like that, that 17· ·your -- all of his friends had been kicked out.· The
18· ·he's been doing this.· So I know I spoke with, like, 18· ·class after that, all their friends been kicked out.
19· ·for example, DP.· He was saying that, you know, "It 19· ·The class -- my class, the majority was kicked out,
20· ·is what it is.· That's just how things are at Iowa." 20· ·and after my class the majority was kicked out.
21· ·And he would re -- he would, I guess, continue the 21· ·There was no -- I mean, there was a real reason to
22· ·sentiment that the NFL respects Coach Doyle over 22· ·believe that you wouldn't have any opportunity if
23· ·anything.· I mean, after his allegations he 23· ·you crossed Coach Doyle.
24· ·immediately had a new job with the NFL.· So there's 24· · · · Q.· ·Did anyone say to Kirk Ferentz that his
25· ·some type of relationship there with the NFL where 25· ·statements about addressing the problems had been
Page 235 Page 237
·1· ·he has power and, even against all odds, that he can ·1· ·said before and there wasn't action?
·2· ·just pop up with a new career instantly. ·2· · · · A.· ·Could you say that again.
·3· · · · · · ·So I think -- I mean, it just shows that ·3· · · · Q.· ·At these player council meetings, the two
·4· ·people fear -- we all were afraid of Coach Doyle. ·4· ·that you attended, did anyone report or make a
·5· ·Coach Doyle -- there's not anything Coach Doyle ·5· ·statement to the effect that "We've heard this
·6· ·couldn't do.· There's nothing out of the realm of ·6· ·before, that you promise to have action, but you
·7· ·power for Coach Doyle, and Coach Ferentz as well. ·7· ·didn't take action when we made the complaints
·8· · · · Q.· ·I believe my question went to whether, ·8· ·earlier, and so why should we believe that you're
·9· ·before the players council meeting of 2017, you have ·9· ·going to take action now?"· Any words to that
10· ·any knowledge of complaints of racial 10· ·effect?
11· ·discriminations that were lodged with Coach Kirk 11· · · · A.· ·I did not hear those words.
12· ·Ferentz, and you've indicated something related to 12· · · · Q.· ·You mentioned in your answer to
13· ·DJK writing a book? 13· ·Interrogatory No. 3 that there were "player council
14· · · · A.· ·And another student that had told me, from 14· ·and an all-black player meeting."· Is that a
15· ·his firsthand account, that there was -- he had 15· ·different meeting?
16· ·been -- he felt like he had been, I guess -- that he 16· · · · A.· ·That's the one that I thought we were
17· ·felt like he had been racially discriminated against 17· ·referring to, was the all-black player meetings.
18· ·by other -- 18· · · · Q.· ·Okay.· And when you look at your answer,
19· · · · Q.· ·Who -- 19· ·Mr. Mends, can you draw a distinction for me or is
20· · · · A.· ·Huh? 20· ·there a distinction to be drawn between meetings
21· · · · Q.· ·-- was this?· Who was this, Mr. Mends? I 21· ·with the player council and an all-black player
22· ·missed your -- 22· ·meeting, or are those the same thing?
23· · · · A.· ·DP. 23· · · · A.· ·Those are two different things.· But
24· · · · Q.· ·Oh. 24· ·player council -- the player council was, like, the
25· · · · A.· ·Which is, I think, Darian Powell. 25· ·leadership group, I guess, is probably a better way

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·1· ·to put it.· There was a -- we took a picture every ·1· ·uncomfortable and the thing -- the way that they
·2· ·year -- it was, like, a leadership group -- wearing ·2· ·were treated inside the facility and outside the
·3· ·the white polos.· And then the all-black player ·3· ·facility as well.
·4· ·meeting was hand-selected by Coach Ferentz. ·4· · · · Q.· ·And how many all-black player meetings did
·5· · · · Q.· ·How large was the leadership group? ·5· ·you attend?· Is that the two that you referenced?
·6· · · · A.· ·Maybe 9 to 12 players, something like ·6· · · · A.· ·Yeah.· Yes.
·7· ·that. ·7· · · · Q.· ·How many leadership council meetings did
·8· · · · Q.· ·Did you attend those meetings? ·8· ·you attend?
·9· · · · A.· ·Yes. ·9· · · · A.· ·We would have them, you know,
10· · · · Q.· ·Were there also members of the leadership 10· ·periodically.· We would have them without Coach
11· ·group that were white football players? 11· ·Ferentz sometimes and with Coach Ferentz sometimes.
12· · · · A.· ·Yes. 12· ·It just depends.· He would call us and be like,
13· · · · Q.· ·And who were they that you can recall? 13· ·"Hey, what happened at the meeting?"· But we'd talk
14· · · · A.· ·Off the top of my head, there was -- when 14· ·all the time.· That was our job.· We were the
15· ·I was in it, it was me -- the white players, is that 15· ·leaders of the team.· So we were supposed to -- I
16· ·what you're asking? 16· ·guess it wasn't our job.· It was what we were being
17· · · · Q.· ·Well, you can give me the names of both 17· ·asked to do, is, you know, discuss certain things.
18· ·black players and white players, if you can recall. 18· ·Instead of telling the whole team, he would just
19· · · · A.· ·From what I recall, it was me, Parker 19· ·tell the leadership group like, "Hey, get a gauge
20· ·Hesse, Jake Gervase, Anthony Nelson, Toren Young, 20· ·for this situation and let us know."
21· ·Amani -- I'm sorry -- Amani Jones, and I couldn't 21· · · · Q.· ·How did you learn of the lawsuit that
22· ·tell you everyone, but those were some of them. 22· ·you're a plaintiff in, Mr. Mends?
23· · · · Q.· ·And what were the subjects that the 23· · · · A.· ·I was -- I was asked to do an interview
24· ·leadership group dealt with? 24· ·about how I was treated.
25· · · · A.· ·Just all subjects referring to how we 25· · · · Q.· ·Who asked you to do that interview?
Page 239 Page 241
·1· ·wanted to move forward, how we wanted to do things. ·1· · · · A.· ·I can't remember at the time.· There was a
·2· ·Some of the things that we brought up, you know, we ·2· ·lot of -- when -- after James had made that tweet, I
·3· ·felt that -- me and, like, Amani and Toren felt ·3· ·was getting -- my phone was getting blown up by
·4· ·that, you know, having earrings in or listening to ·4· ·reporters, lawyers, all types of things.· I mean,
·5· ·music was something -- we brought -- obviously it ·5· ·honestly, there were so many people that I talked
·6· ·wasn't a -- again, it wasn't a position where we ·6· ·to -- woo -- that had been calling me and reaching
·7· ·could speak authentically, obviously, because we're ·7· ·out to me.· But I believe it was my counsel, had
·8· ·now standing in front of our white teammates being ·8· ·reached out.
·9· ·asked to say that something's wrong.· You know, it ·9· · · · Q.· ·And I'm not interested in what your
10· ·didn't feel like we could feel comfortable there. 10· ·counsel communicated to you, but you believed it
11· ·But we did bring up these little things that -- 11· ·was -- the subject of the lawsuit came not from any
12· ·sorry, not -- "little" is not the word, but these 12· ·of the plaintiffs in the lawsuit, but from your
13· ·issues that we felt would at least make it feel a 13· ·counsel?
14· ·little bit better at the time. 14· · · · · · ·MS. MATE-KODJO:· Object to the extent it's
15· · · · Q.· ·And then the all-black player meeting was 15· ·calling for conversations directly from an attorney.
16· ·distinguished from the leadership council in what 16· ·Maybe I'm not understanding the question.
17· ·way?· Was it a larger group and it was all black 17· · · · Q.· ·(By Mr. Stone)· Let me reask the question,
18· ·or -- 18· ·Mr. Mends.· You know who the plaintiffs were in the
19· · · · A.· ·It was predominant -- it was all black, 19· ·original lawsuit; correct?
20· ·and it was only to speak about -- it wasn't about 20· · · · A.· ·I believe -- sorry.· I was one of the
21· ·team issues or goals or anything like that.· Like, 21· ·original plaintiffs; correct?
22· ·the other group was -- there was a myriad of things 22· · · · Q.· ·Yes.· And you still are, Mr. Mends.· There
23· ·that we spoke about, just all -- just all things 23· ·have been some that have been dismissed by the
24· ·team.· This group was specifically to speak about 24· ·Court, but the ones that are still present in the
25· ·racial issues and how -- and why black people felt 25· ·case include Mr. Akrum Wadley, Mr. Jonathan Parker,

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·1· ·Mr. Marcel Joly, Darian Cooper, Mr. Brandon Simon, ·1· ·to discuss the lawsuit?
·2· ·and Mr. Javon Foy.· Do you recognize those names? ·2· · · · A.· ·He contacted me.
·3· · · · A.· ·Yes. ·3· · · · Q.· ·Do you recall what he told you?
·4· · · · Q.· ·Was it any of those individuals who first ·4· · · · A.· ·Just kind of -- like, I don't know.· Just
·5· ·contacted you about the lawsuit, if you know? ·5· ·he was not happy and that he said -- he said
·6· · · · A.· ·No. ·6· ·something along the facts of a lot of good people
·7· · · · Q.· ·Do you know a Mr. Robert Green? ·7· ·could get hurt.· Because his dad was on the coaching
·8· · · · A.· ·Who? ·8· ·staff.· And I reassured him that, you know, I'm not
·9· · · · Q.· ·The name Robert T. Green.· Do you ·9· ·saying that his dad had anything to do with this.
10· ·recognize that name? 10· ·He had just got there.· You know, these problems
11· · · · A.· ·I -- I don't recall, no. 11· ·have occurred for tens of years prior to this.· So
12· · · · Q.· ·Did you recruit any former players to join 12· ·I'm not trying to tell -- I'm not trying to accuse
13· ·this litigation yourself?· Once you were initially 13· ·his father of being, you know, a part of the
14· ·involved in it, did you go out to seek out other 14· ·problem.· I mean, he was a part of it.· Obviously he
15· ·former black players to try to convince them to join 15· ·was there, but not -- he didn't -- I'm not saying
16· ·the lawsuit? 16· ·that he believed in anything that was going on.· He
17· · · · A.· ·No. 17· ·was just there.
18· · · · Q.· ·Have you had any conversations about the 18· · · · Q.· ·Did you talk -- I'm sorry.· Were you
19· ·lawsuit with any former players who are not 19· ·finished?
20· ·plaintiffs in this case? 20· · · · A.· ·Yeah.
21· · · · A.· ·I've had conversations.· Not regarding 21· · · · Q.· ·Did you talk to any former players about
22· ·their involvement, but I've had conversations. 22· ·the $20 million demand that was made in connection
23· · · · Q.· ·Who have you talked to about the lawsuit? 23· ·with the lawsuit?
24· · · · A.· ·People have asked me.· Obviously, Miles 24· · · · A.· ·No, I did not.· After -- after Ben had
25· ·Taylor would be one individual. 25· ·reached out to me, that was, like, part of his, I
Page 243 Page 245
·1· · · · Q.· ·What did you and Miles Taylor discuss? ·1· ·guess, reasoning.· He just automatically assumed
·2· · · · A.· ·There was a lot -- I talked to -- well, me ·2· ·that that was something that I had been aware of,
·3· ·and my -- sorry.· At what point are you asking -- ·3· ·but I didn't even know.· There was no demand when I
·4· ·are you referencing to? ·4· ·had joined.
·5· · · · Q.· ·Well, again, I'm primarily interested in ·5· · · · Q.· ·Did you talk about a $20 million with
·6· ·leading up to the litigation or after George Floyd's ·6· ·Miles Taylor when you talked to him?
·7· ·death, leading up to the litigation.· So let's put a ·7· · · · A.· ·Not that I recall, no.
·8· ·time frame.· After June 1st of 2020, do you recall ·8· · · · Q.· ·Did you talk to Miles Taylor or Ben
·9· ·what you and Miles Taylor have discussed about the ·9· ·Niemann about every former player -- black player
10· ·lawsuit? 10· ·receiving $20,000?
11· · · · A.· ·No.· No. 11· · · · A.· ·No.
12· · · · Q.· ·Have you talked with anyone else other 12· · · · Q.· ·Does that number come to you from anyone?
13· ·than Miles Taylor about the lawsuit?· And not, 13· · · · A.· ·No.· I didn't even -- I don't even know
14· ·again, counting your attorneys. 14· ·what -- I have no idea.
15· · · · A.· ·Yes.· Another teammate I had a 15· · · · Q.· ·Okay.· And as you sit here today sworn
16· ·conversation with. 16· ·under oath to tell the truth, do you deny telling to
17· · · · Q.· ·Who's that? 17· ·Miles Taylor that you spoke with him about every
18· · · · A.· ·Ben Niemann. 18· ·black -- former black player receiving $20,000 from
19· · · · Q.· ·What did you and Ben Niemann talk about 19· ·the lawsuit?· Do you deny that statement?
20· ·the lawsuit? 20· · · · A.· ·Yes.
21· · · · A.· ·He was upset with me because I had joined 21· · · · Q.· ·Did you participate in the interviews for
22· ·the lawsuit.· And, I mean, we were -- I consider him 22· ·the Husch Blackwell report?
23· ·a friend.· We were teammates for a long time, and he 23· · · · A.· ·No, I did not.· I think -- no, I did not.
24· ·was upset that I joined the lawsuit. 24· · · · Q.· ·Did anyone from Husch Blackwell contact
25· · · · Q.· ·Did he contact you or did you contact him 25· ·you or speak to you, or did you submit a written

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·1· ·statement to Husch Blackwell, if you can recall? ·1· ·recall on the "Iowa way"?
·2· · · · A.· ·Yes, they did reach out to me. ·2· · · · A.· ·Coach Doyle.
·3· · · · Q.· ·Describe for me your contact with Husch ·3· · · · Q.· ·Was there anyone else that presented to
·4· ·Blackwell. ·4· ·you at a meeting or seminar or a presentation by a
·5· · · · A.· ·They called me and said that they wanted ·5· ·coach that discussed the "Iowa way," if you can
·6· ·me to be a part of an independent study that was, ·6· ·recall?
·7· ·like, a -- not independent study, sorry -- like, an ·7· · · · A.· ·I kind of need some -- I want some -- I
·8· ·independent investigation.· They were -- told me ·8· ·need some clarity on that question.
·9· ·that they were neutral.· They weren't with the ·9· · · · Q.· ·Sure.· Let me try to rephrase it.· Were
10· ·University.· They just wanted to make -- to confirm 10· ·there other coaches besides Coach Doyle who used the
11· ·or not whether these allegations had any fact behind 11· ·term "Iowa way" or made presentations to you and
12· ·them.· And I told them that I didn't want to be a 12· ·other Iowa players about the "Iowa way"?
13· ·part of it. 13· · · · A.· ·We were assigned books in the summer to
14· · · · Q.· ·And when was that? 14· ·read, and those were supposed to instill team
15· · · · A.· ·This was the coming weeks or so following 15· ·values.· So if that is what you're referring to,
16· ·James Daniels' tweet about the racial discrimination 16· ·then, yes.· But there was multiple players that were
17· ·at the University of Iowa. 17· ·hand-selected to speak on topics from books that we
18· · · · Q.· ·Did you participate at all or at any time 18· ·were forced to read and tell the team, which would
19· ·with Husch Blackwell, and did you give them an 19· ·reinforce the Iowa culture.· I think there's -- if I
20· ·interview? 20· ·recall, there's a media interview where the coaches
21· · · · A.· ·I do not believe so. 21· ·are attributing a lot of our success to a book
22· · · · Q.· ·Have you given anyone an interview, other 22· ·called "The Slight Edge."· That would be one of the
23· ·than your lawyers and today's proceeding, about your 23· ·examples where they had given us this book, forced
24· ·allegations? 24· ·us to read it, and we would have discussions.· So
25· · · · A.· ·I spoke -- a journalist called me that 25· ·we'd have -- with your team -- with your Hawkeye
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·1· ·writes about Iowa stuff, and he asked me about -- if ·1· ·challenge team, you would, you know, go over it and
·2· ·I could talk about the situation.· And we had, like, ·2· ·then give a discussion to the team as a whole.· And
·3· ·a casual -- it wasn't -- I didn't -- he told me it ·3· ·there'd be a strength coach in there, and you'd meet
·4· ·wouldn't be anything or it wouldn't have to be an ·4· ·with Coach Doyle.
·5· ·interview.· We could just have a conversation, and ·5· · · · · · ·So any time that I felt like I had
·6· ·if I felt like I wanted him to, I guess, write about ·6· ·something that I would say, they would kind of
·7· ·it, then he would, and if I didn't, then he would be ·7· ·misrepresent the words, say them back, and then tell
·8· ·okay with that. ·8· ·us this is what we needed to say to the team to
·9· · · · Q.· ·Coach Kirk Ferentz has described the "Iowa ·9· ·keep, I guess, this facade of Iowa culture alive.
10· ·way" as having three goals for players: to earn a 10· · · · Q.· ·Let me turn your attention to Exhibit 2
11· ·degree, to maximize their abilities as a football 11· ·and specifically Paragraph 159.· Let me back up so
12· ·player, and have a fulfilling college experience. 12· ·you can start there.· Why don't you take a minute --
13· ·What does "Iowa way" mean to you? 13· ·do you see Paragraph 159 in front of you, Mr. Mends?
14· · · · A.· ·To assimilate to a culture that is not of 14· · · · A.· ·Correct.
15· ·your own -- not of your own decision, to work 15· · · · Q.· ·Would you take a minute and read
16· ·yourself half to death to appease someone that 16· ·Paragraph 159 to yourself.· I have a few questions
17· ·doesn't care about you. 17· ·about it.
18· · · · Q.· ·During the time that you were at the Iowa 18· · · · A.· ·(Witness complies.)
19· ·program, did you have any classes or presentations 19· · · · · · ·Yes.
20· ·by coaches with respect to the "Iowa way"? 20· · · · Q.· ·Whose home was the event that you were
21· · · · A.· ·Yeah.· We were forced to have these -- to 21· ·photographed?
22· ·regurgitate these messages that the coaches had 22· · · · A.· ·Bo Bower, I believe.
23· ·assigned us. 23· · · · Q.· ·And where is that?
24· · · · Q.· ·And who did the coaches -- well, who were 24· · · · A.· ·It's -- it's in the suburb of Iowa City.
25· ·the coaches that presented to you that you can 25· ·So not too far, I believe.

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·1· · · · Q.· ·What was the event that you attended at ·1· · · · Q.· ·What were you going to use the photo for?
·2· ·Mr. Bower's home? ·2· · · · A.· ·I mean, I wanted to share it.· I thought
·3· · · · A.· ·They wanted to start the series called ·3· ·it was a cool picture.· I thought it was -- I mean,
·4· ·"Between the Tigerhawks," where they would kind of ·4· ·I look kind of strong there.· You know, it was a
·5· ·showcase different things that players were into. ·5· ·picture of me.· I'd like to at least see it.· But I
·6· ·And so the team -- they selected some guys to go out ·6· ·thought it was -- I don't know -- thought it was
·7· ·there.· They had the team -- the University of Iowa ·7· ·cool.· I thought I'm not -- I hadn't -- that was my
·8· ·athletic department, like, camera crew, I guess, ·8· ·first time shooting clay pigeons and -- I don't
·9· ·come out there and camera crew, I guess, come out ·9· ·know.· I thought it was a fun thing.· And in the
10· ·there.· And Kimmi Chex was a representative. I 10· ·sense it was held by the University, I don't see why
11· ·don't know her official title, but she was kind of 11· ·it wouldn't be appropriate.
12· ·the anchor or the person speaking at the time about 12· · · · Q.· ·So you had been shooting the shotgun you
13· ·the event and kind of putting it on, I guess. 13· ·were holding before the photo was taken?
14· · · · Q.· ·Whose gun were you posing with? 14· · · · A.· ·Yes.· Actually, I can't specifically say.
15· · · · A.· ·I'm not sure.· A lot of the players 15· ·I don't remember if it was before we started. I
16· ·brought their own guns.· It could have been -- I 16· ·think it might have been before we started shooting,
17· ·know for -- I don't -- Bo had some guns there. 17· ·or it could have been after.· I'm not sure.
18· ·Boone had some guns there, and also the Paulsen 18· · · · Q.· ·I'm sorry?
19· ·twins had brought some of their own shotguns as 19· · · · A.· ·It was sometime during the event. I
20· ·well. 20· ·couldn't tell you exactly when it was.· Might have
21· · · · Q.· ·It wasn't your gun; correct? 21· ·been after or before.· And I don't know if this is
22· · · · A.· ·No, it was not. 22· ·the exact shotgun that I was shooting, because there
23· · · · Q.· ·Do you recall approximately when this 23· ·was multiple there for us to use.
24· ·photo was taken? 24· · · · Q.· ·How did you get the photo that's in
25· · · · A.· ·In the summertime. 25· ·this --
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·1· · · · Q.· ·Of what year, if you know? ·1· · · · A.· ·After I had graduated, I texted, you
·2· · · · A.· ·2017, I think. ·2· ·know -- I think it was Max, I believe, and Max was
·3· · · · · · ·REPORTER:· Roger, just one second, please. ·3· ·like, "Here, whatever."
·4· · · · · · ·Okay. ·4· · · · Q.· ·And before that time when you got it, who
·5· · · · Q.· ·(By Mr. Stone)· All right.· You asked for ·5· ·is it that told you that you couldn't get it?
·6· ·the photo and it was not given to you; is that ·6· · · · A.· ·Max.· He said it was against the team
·7· ·correct? ·7· ·rules, and Coach Ferentz wouldn't -- wouldn't let
·8· · · · A.· ·Yes.· It was taken by -- the University ·8· ·him do that.
·9· ·has a pretty -- they have a pretty -- I don't ·9· · · · Q.· ·What else did Max say, if anything?
10· ·know -- pretty nice camera, obviously, they use for 10· · · · A.· ·He said that, like, "What would an old
11· ·media stuff.· So they had all the footage of the 11· ·white man from Iowa think about this picture?"
12· ·entire event.· I posed for the picture.· So I wanted 12· · · · Q.· ·That's what Max said to you?
13· ·to see it. 13· · · · A.· ·Yes.
14· · · · Q.· ·So who did you ask for the photo? 14· · · · Q.· ·Did you ever have a conversation with Kirk
15· · · · A.· ·I asked Max Allen.· He was in charge of 15· ·Ferentz about the photograph?
16· ·media and things like that.· And I also asked Chris. 16· · · · A.· ·I mean, I had been told that that was
17· · · · Q.· ·Chris meaning -- 17· ·Coach Ferentz's rule.· So I'm not going to start a
18· · · · A.· ·Chris Ruth. 18· ·big issue over a picture, because I -- at that point
19· · · · Q.· ·-- Chris Hall? 19· ·I still wanted to play and be -- I was participating
20· · · · A.· ·No.· Chris Ruth.· Chris Ruth.· He was, 20· ·in this event to, you know, I guess, get in good
21· ·like, one of the camera guys. 21· ·favor with the coaches.· So I didn't -- I wasn't
22· · · · Q.· ·Okay.· All right. 22· ·going to bring it up.
23· · · · A.· ·Or videographers.· Excuse me. 23· · · · Q.· ·Why did you choose to pose shirtless?
24· · · · Q.· ·What were you going to use the photo for? 24· · · · A.· ·I don't know.· I don't know if I had my
25· · · · A.· ·Huh? 25· ·shirt on prior.· I just thought it looked cool.

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·1· · · · Q.· ·Well, I assume you had a shirt when you ·1· ·the University, if you know?
·2· ·went to the event; correct? ·2· · · · A.· ·There was no way of me to know.
·3· · · · A.· ·Yeah.· I mean, I just thought it looked ·3· · · · Q.· ·And where was it posted, if you know?
·4· ·cool.· I don't -- there's no particular reason.· Not ·4· · · · A.· ·Instagram.
·5· ·sure.· People thought I was strong. ·5· · · · Q.· ·Why couldn't you take the picture again or
·6· · · · Q.· ·My question is, why did you take your ·6· ·have somebody take a picture of you holding a gun in
·7· ·shirt off to pose for the picture?· Was it to show ·7· ·that same manner if you couldn't get the picture you
·8· ·your strength? ·8· ·wanted from Max Allen?
·9· · · · A.· ·I just -- there was no thought into it. I ·9· · · · A.· ·Could you repeat that.
10· ·don't know.· It was ... 10· · · · Q.· ·Sure.· Once Max Allen told you that he
11· · · · Q.· ·Your underwear's hanging out of your 11· ·wasn't going to give you the picture that you had
12· ·pants; correct, Mr. Mends? 12· ·requested from him, why didn't you pose in a similar
13· · · · A.· ·I think it's above my pants, and my pants 13· ·manner and get another picture taken by somebody
14· ·are at my waistline -- or my shorts. 14· ·else?
15· · · · Q.· ·Your underwear's visible.· Do you agree 15· · · · A.· ·I mean, it's a picture.· There's no way to
16· ·with that? 16· ·re-create a picture 100 percent.· And it's a picture
17· · · · A.· ·It's difficult to see. 17· ·of me, which I felt I would at least like to see and
18· · · · Q.· ·So as you view this picture, you can't 18· ·have possession of.· I don't know what they were
19· ·tell whether we can see your underwear or not? 19· ·going to use it for.· It's -- they didn't give me
20· · · · A.· ·I can see -- yeah, I can see something on 20· ·the opportunity.· I don't -- I wasn't in the exact
21· ·the left side of the picture, yes, but on the right 21· ·same environment with the exact same guns doing the
22· ·side it wasn't -- it wasn't intentional. 22· ·exact same thing.
23· · · · Q.· ·What difference does it make whether it's 23· · · · Q.· ·Have you used this photograph to promote
24· ·intentional or not, Mr. Mends? 24· ·yourself to anyone?
25· · · · A.· ·Well, I wasn't told that was the reason 25· · · · A.· ·I posted it.
Page 255 Page 257
·1· ·why I couldn't post the picture or have the picture. ·1· · · · Q.· ·Where'd you post it?
·2· ·If that would have been communicated, that would ·2· · · · A.· ·I believe Instagram.
·3· ·have been one thing, but they said the reason why is ·3· · · · Q.· ·And this was after you were gone from the
·4· ·"What would an 80-year-old white man from Iowa" -- ·4· ·Iowa football program?
·5· ·or not 80-year -- "old white man from Iowa believe ·5· · · · A.· ·Yes.
·6· ·or think about this?" was the sentiment. ·6· · · · Q.· ·Did you ever post a photograph similar to
·7· · · · Q.· ·Why are you posing with the shotgun over ·7· ·this of yourself on Instagram or other service,
·8· ·your shoulders, Mr. Mends? ·8· ·media -- social media during the time you were at
·9· · · · A.· ·I thought it looked good aesthetically. ·9· ·Iowa?
10· ·That was -- yeah.· I don't know.· It wasn't pointed 10· · · · A.· ·No.
11· ·at anyone.· It was in a safe direction.· In the 11· · · · Q.· ·Do you know any players who were punished
12· ·other picture I'm looking at, it looks like there's 12· ·for singing?
13· ·a gun pointed at another player. 13· · · · A.· ·Do I know any players that were punished
14· · · · Q.· ·Do you know who took the other photo 14· ·for singing?· Can you restate the question or
15· ·that's on that page, of the truck and the -- 15· ·rephrase the question.
16· · · · A.· ·I do not. 16· · · · Q.· ·Do you know any players on the Iowa
17· · · · Q.· ·-- players holding guns? 17· ·football team during the years 2014 to 2018 who were
18· · · · A.· ·I do not. 18· ·punished for singing?
19· · · · Q.· ·It wasn't taken at the same event, was it? 19· · · · A.· ·I mean, if people were, like, repeating
20· · · · A.· ·No, it was not. 20· ·rap lyrics, something like that, they -- people
21· · · · Q.· ·Was it a photograph that Max Allen took? 21· ·would say something to them, yeah.· But, I mean,
22· · · · A.· ·I'm not -- I'm not aware.· I don't believe 22· ·like, what do you mean by "singing"?
23· ·so, but I don't know.· There's no way of me knowing 23· · · · Q.· ·Well, let's take a look at Paragraph 47 of
24· ·that. 24· ·this first amended complaint.· "African American
25· · · · Q.· ·Was it taken by anybody that was hired by 25· ·athletes were punished for singing."· Do you have

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·1· ·any evidence to support that? ·1· · · · A.· ·I was finished.
·2· · · · A.· ·Yeah.· I don't think that's a full ·2· · · · Q.· ·Were you punished or reprimanded for
·3· ·sentence, though.· It says "like singing and dancing ·3· ·dancing?
·4· ·and looking" -- "or 'looking funny.'" ·4· · · · A.· ·I was not.
·5· · · · · · ·Yeah, like listening -- like -- I don't ·5· · · · Q.· ·Were you personally punished or
·6· ·know how to say it.· Like, performing rap lyrics, ·6· ·reprimanded for looking funny?
·7· ·you know, like most -- a lot of people would have ·7· · · · A.· ·I was ridiculed.
·8· ·headphones on.· So they'd be singing and stuff like ·8· · · · Q.· ·By whom were you ridiculed?
·9· ·that, I guess.· Not really singing.· Just rapping, I ·9· · · · A.· ·By other white players on my team.
10· ·guess, is more the word. 10· · · · Q.· ·Have you now told me everybody who
11· · · · Q.· ·Okay.· Who was punished for singing, for 11· ·punished or reprimanded you for looking funny?
12· ·example? 12· · · · A.· ·To my account, yes.
13· · · · A.· ·They would be -- people would say stuff to 13· · · · Q.· ·There's a reference in Paragraph 48 about
14· ·them.· Like, Coach Doyle would be like, "Yeah, like, 14· ·Brian Ferentz becoming an offensive line coach and
15· ·cut that shit off."· Like, he was very strict about 15· ·the offensive coordinator over more senior and
16· ·the music that we listened to, especially in the 16· ·qualified African American coaches on the staff at
17· ·weight room.· We -- if there was rap music playing, 17· ·the time.· Do you know who were the allegedly more
18· ·he'd be like, "Turn that shit off."· We'd be in the 18· ·qualified and senior African American coaches?
19· ·middle of a workout, and his focus would be on the 19· · · · A.· ·I don't know the backgrounds of the
20· ·music that was playing rather than the workouts that 20· ·coaches.· I couldn't tell you that.· I know --
21· ·we were doing. 21· ·sorry -- offense coordinator?
22· · · · Q.· ·Okay.· Who was punished for singing? 22· · · · Q.· ·He became offensive coordinator in 2017.
23· · · · A.· ·Multiple players.· Multiple players were 23· · · · A.· ·Yes.
24· ·reprimanded.· I don't know your definition of 24· · · · Q.· ·He was 33 years old, and he was promoted
25· ·punishment.· They were reprimanded by saying, like, 25· ·to offensive coordinator over more senior and
Page 259 Page 261
·1· ·"Knock that shit off.· Don't sing that shit in ·1· ·qualified American -- African American coaches on
·2· ·here," like, things of that nature. ·2· ·Kirk Ferentz's staff at the time.
·3· · · · Q.· ·I'll ask again -- ·3· · · · A.· ·Yeah.
·4· · · · A.· ·Akrum Wadley -- ·4· · · · Q.· ·Who do you say were the more senior and
·5· · · · Q.· ·-- as I didn't get an answer to my ·5· ·qualified African American coaches at the time?
·6· ·question.· Who? ·6· · · · A.· ·At that time, Coach Kennedy, Coach Woods.
·7· · · · A.· ·Akrum Wadley, Jerminic Smith, just tons of ·7· ·But once again, I don't -- that's not a decision
·8· ·players.· We all listened to music.· It was a ·8· ·for -- that I would know about.· I wasn't aware that
·9· ·reoccurring thing.· This was a -- it was about ·9· ·he was being hired or promoted.· But I know Coach
10· ·everything other than sports.· It was just -- 10· ·Kennedy had a long tenure, and it, you know, made
11· · · · Q.· ·Were you ever personally punished for 11· ·sense to me -- or Coach Woods -- but I don't know.
12· ·singing, Mr. Mends? 12· ·I'm not sure.
13· · · · A.· ·I don't know if I was personally punished, 13· · · · Q.· ·You would agree that the head coach gets
14· ·like, directly.· But I was in choir prior to joining 14· ·to make those choices; correct?
15· ·the University, and when I got on campus, it was 15· · · · A.· ·I don't know who makes those choices.
16· ·kind of a joke.· I was in the show choir in high 16· · · · Q.· ·Did Coach Doyle say anything to you about
17· ·school, and it kind of was a hit to my, I guess, 17· ·your hair?
18· ·physical toughness, which they always talk about at 18· · · · A.· ·Yes.
19· ·Iowa.· So I kind of had to get over that fact.· And 19· · · · Q.· ·What did Coach Doyle say to you about your
20· ·I tried to do that by being extremely competitive in 20· ·hair?
21· ·the weight room and showing people that I wasn't, 21· · · · A.· ·He said if I wanted to be tougher or
22· ·you know, I guess, soft, is how they put it, or a 22· ·something to that nature, that I needed to cut my
23· ·pussy or -- for -- 23· ·hair.
24· · · · Q.· ·Were you punished and -- I'm sorry.· Were 24· · · · Q.· ·When did he say that?
25· ·you finished, Mr. Mends? 25· · · · A.· ·He said it all the time.· He would

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·1· ·literally tell every black player that they needed ·1· ·there.· Exhibit 10, Mr. Mends.
·2· ·to cut their hair. ·2· · · · A.· ·Yes.
·3· · · · Q.· ·How many times did Chris Doyle tell you to ·3· · · · Q.· ·Was that how your hair was when you came
·4· ·cut your hair? ·4· ·to the program?
·5· · · · A.· ·More than several. ·5· · · · A.· ·I don't remember exactly how it was when I
·6· · · · Q.· ·Did you ever cut your hair in response to ·6· ·got there.· But if you've been to Iowa City, there's
·7· ·what Chris Doyle said? ·7· ·not a lot of black barbershops to go to.
·8· · · · A.· ·Yes. ·8· · · · Q.· ·Was your hair longer than this at some
·9· · · · Q.· ·When did you first cut your hair in ·9· ·point in time?
10· ·response to what Chris Doyle said? 10· · · · A.· ·Yes.
11· · · · A.· ·Like, I think it was around my sophomore 11· · · · Q.· ·Do you have any photographs of that?
12· ·year or redshirt freshman year.· There's a picture, 12· · · · A.· ·Yeah, I could get one.
13· ·I'm sure you can -- if you Google it, it's there. 13· · · · Q.· ·The time that you were at the Iowa
14· · · · Q.· ·I'm sorry, Mr. Mends. 14· ·football program for the years 2014 to 2018?
15· · · · A.· ·Nothing. 15· · · · A.· ·Yes.· Actually, I know for sure Miles
16· · · · Q.· ·A picture of you with -- 16· ·Taylor has a picture.
17· · · · A.· ·With my hair bald. 17· · · · Q.· ·And at some point in time, Chris Doyle
18· · · · Q.· ·With your hair bald? 18· ·told you to go get your hair cut?
19· · · · A.· ·Yes.· There's multiple. 19· · · · A.· ·Yeah.· He told me and multiple other
20· · · · Q.· ·We looked at the photograph of you in 20· ·players that we need to cut our hair.
21· ·Paragraph 159.· Was this the typical hair that you 21· · · · Q.· ·I'm asking you about you.· He did in fact
22· ·had during the time that you were at the Iowa 22· ·tell you to get your hair cut?
23· ·football program? 23· · · · A.· ·Yes.· Said I need to cut my hair.
24· · · · A.· ·No. 24· · · · Q.· ·How many times did he tell you you needed
25· · · · Q.· ·And you recall that we looked at a 25· ·to cut your hair?
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·1· ·photograph from your redshirt year or approximately ·1· · · · A.· ·Multiple times.· It was a reoccurring
·2· ·that time where your hair was a bit longer.· Do you ·2· ·thing.· He told me and multiple other black players
·3· ·recall that photograph? ·3· ·that we needed to cut our hair.
·4· · · · A.· ·It was much longer.· It was 3 or 4 inches ·4· · · · Q.· ·Okay.· I'm asking about you, Mr. Mends.
·5· ·longer, from what I recall. ·5· ·Was there some confusion in my question?
·6· · · · Q.· ·Let me see if I can bring up Exhibit 10 ·6· · · · A.· ·No.· Could you restate the question.
·7· ·again.· You recognize that photograph, don't you? ·7· · · · Q.· ·Yeah.· How many times did Mr. Doyle tell
·8· · · · A.· ·That's not me. ·8· ·you to cut your hair?
·9· · · · Q.· ·I know, but do you know who it is? ·9· · · · A.· ·Maybe a dozen times.
10· · · · A.· ·Yes, I know who that is in the picture, 10· · · · Q.· ·Did Mr. Doyle ever say anything to you
11· ·the two individuals. 11· ·about your tattoos?
12· · · · Q.· ·Adrian Clayborn? 12· · · · A.· ·No.
13· · · · A.· ·Yes, I know who that is. 13· · · · Q.· ·Did Mr. Doyle ever say anything to you
14· · · · Q.· ·Anybody ever have longer hair in the Iowa 14· ·about your clothing?
15· ·football program than Adrian Clayborn, if you know? 15· · · · A.· ·Yes.
16· · · · A.· ·I don't recall. 16· · · · Q.· ·What did he say about your clothing?
17· · · · Q.· ·Anybody ever tell him to cut his hair? 17· · · · A.· ·They just look stupid.· I don't know
18· · · · A.· ·I don't recall.· I wasn't -- I was never 18· ·what -- for lack of a better word, I looked like a
19· ·there for his tenure.· I can't speak on his 19· ·pussy.· He actually told me specifically -- I was
20· ·experience. 20· ·wearing a shirt, and he brought me to the side and
21· · · · Q.· ·Chris Doyle was there when Adrian Clayborn 21· ·said, "Like, Mends, what size shirt are you
22· ·played; correct? 22· ·wearing?"
23· · · · A.· ·I would -- I'd have to say yes, but I 23· · · · · · ·I was like, "It's a large.· I got it from
24· ·don't know.· I wasn't there. 24· ·the equipment staff."
25· · · · Q.· ·Okay.· Let me see if I can find Exhibit -- 25· · · · · · ·And he said, "How many Big Ten linebackers

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·1· ·do you think wear a large?" ·1· · · · A.· ·I believe he wanted me to get a bigger
·2· · · · · · ·And I was like, "I don't know." ·2· ·shirt.
·3· · · · · · ·And he said, "None.· And you're not going ·3· · · · Q.· ·Was there some confusion in your mind
·4· ·to be the first." ·4· ·about that, Mr. Mends?
·5· · · · Q.· ·Did he want you to get a larger shirt? ·5· · · · A.· ·No.
·6· ·Was that it? ·6· · · · Q.· ·And then he was telling you that the
·7· · · · A.· ·Yes. ·7· ·clothing that was issued by the equipment room that
·8· · · · Q.· ·Did you in fact do that? ·8· ·you wore in the football building was what,
·9· · · · A.· ·Yes. ·9· ·Mr. Mends?· Was it sloppy looking in his opinion, or
10· · · · Q.· ·Have you now told me everything that Chris 10· ·was it not appropriate, or what was he telling you?
11· ·Doyle said to you about the clothing that you were 11· · · · A.· ·I don't know what his opinion was.
12· ·wearing? 12· · · · Q.· ·What words did he use?
13· · · · A.· ·There was -- it was a reoccurring thing. 13· · · · A.· ·He told me that I was not going to be
14· ·There was -- there was always something.· Like, it 14· ·the -- that I was not going to be the first Big Ten
15· ·was just nitpicky no matter what it would be, 15· ·linebacker to wear a large shirt.
16· ·whether it be the team-issued stuff I wear, the 16· · · · Q.· ·I meant to move off the subject of the
17· ·stuff that wasn't team-issued.· It's too big.· It's 17· ·shirt, in case I didn't make that clear, Mr. Mends.
18· ·too saggy.· This is -- you look stupid.· You look 18· ·You had made some reference to other athletic
19· ·soft.· Like, it was everything. 19· ·department-issued clothing, I believe, perhaps
20· · · · Q.· ·Anything else that Chris Doyle said to you 20· ·sweatpants or sweatshirts.· I don't know what you
21· ·at any time about your clothing? 21· ·were referring to.· Was there other clothing besides
22· · · · A.· ·Not that I recall.· Other than that it was 22· ·just this one shirt that you had reference to when
23· ·a reoccurring theme that just became tiresome to 23· ·you were talking about Mr. Doyle commenting about
24· ·deal with every single day. 24· ·your clothes?
25· · · · Q.· ·He was telling you to get a larger size 25· · · · A.· ·Not regarding for me personally.· It
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·1· ·than the large? ·1· ·wasn't regarding the athletically issued stuff.
·2· · · · A.· ·I just wore what felt comfortable.· He ·2· ·That was the majority of what it was for me, that I
·3· ·just thought that -- he just basically told me that ·3· ·needed to stop wearing large shirts.
·4· ·I was not going to be the first Big Ten linebacker ·4· · · · Q.· ·Other than the large shirts, there wasn't
·5· ·to wear a large shirt, which I don't see why that ·5· ·really a complaint from Mr. Doyle about your
·6· ·mattered, but it's what I felt comfortable wearing. ·6· ·clothing?
·7· ·So I don't know what to say. ·7· · · · A.· ·There was, but it wasn't regarding
·8· · · · Q.· ·And he was suggesting at that time that ·8· ·athletic-issued -- or team athletic gear.
·9· ·you go to extra large or something like that? ·9· · · · Q.· ·What other complaints about your clothing
10· · · · A.· ·I don't know what he was suggesting.· He 10· ·did Mr. Doyle have?
11· ·just told me that.· It was a statement.· I can't 11· · · · A.· ·Well, I take that back.· There was
12· ·imply what he meant by it. 12· ·incidences where in the -- I think it was the 2015
13· · · · Q.· ·Well, what did you understand, Mr. Mends, 13· ·or 2014 season.· We used to practice in the stadium,
14· ·when you heard those words from Mr. Doyle, that you 14· ·actually, and it was cold.· And so if I were to have
15· ·should get a larger shirt or a smaller shirt? 15· ·wore a long-sleeve -- or short sleeves, they
16· · · · A.· ·He told me that I needed to -- or I wasn't 16· ·would -- once again, they would start berating me
17· ·going to be the first linebacker to wear a large. 17· ·and saying that "You're a linebacker.· You're" --
18· ·So I don't know what -- I don't know how many 18· ·expletive, expletive, expletive.· Like, they would
19· ·size -- I don't know what size he wanted me to wear, 19· ·make a comment about it.· And obviously it's cold.
20· ·five Xs from there or what, but I'm assuming -- I'm 20· ·I'm not -- you know, can't perform to my best of
21· ·not going to make assumptions.· I can't make 21· ·abilities if I'm freezing.
22· ·assumptions but ... 22· · · · Q.· ·Anything else that Mr. Doyle ever said to
23· · · · Q.· ·So as you heard those words, you didn't 23· ·you about your clothing that you haven't told me
24· ·know whether he was telling you to get a smaller 24· ·yet?
25· ·shirt or a larger shirt.· That's your testimony? 25· · · · A.· ·Yeah.· He would say things to the effect

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·1· ·of, like, "That's not something" -- like, basically, ·1· · · · Q.· ·Did he make any similar comments to
·2· ·I wasn't -- the clothing that I was wearing was ·2· ·fraternity-related people who were white?
·3· ·indicating to him that I wasn't tough enough. ·3· · · · A.· ·No.
·4· · · · Q.· ·Did Mr. Doyle say anything to you about ·4· · · · Q.· ·Did he make any comments about jewelry to
·5· ·your jewelry? ·5· ·people who were white, if you know?
·6· · · · A.· ·He had told me that I needed to take my ·6· · · · A.· ·No.
·7· ·chain off multiple times.· I have a chain, and my ·7· · · · Q.· ·Did he talk to you or say anything to you
·8· ·parents are from after Africa.· So it's an African ·8· ·about your diction?
·9· ·symbol, if you can see in the other exhibit. I ·9· · · · A.· ·No.· I think that was really a lot of the
10· ·think with the gun I was wearing a chain that I 10· ·reason why they liked me, because they felt like I
11· ·usually tuck in and don't have it exposed.· But he 11· ·was very -- you know, I was a token.· Like, it
12· ·had said to me during a warmup one time that I 12· ·was -- he, like -- they felt that I was assimilating
13· ·needed to take my chain off, even though it was 13· ·to their culture, and they were like, okay, like,
14· ·tucked away.· It's something -- it's a religious 14· ·this person is -- can pass as one of the good guys,
15· ·symbol.· It means accept God in African language. I 15· ·is how they would phrase it.
16· ·don't think he -- I don't know.· Can't know what 16· · · · Q.· ·So by that answer, I assume it's correct
17· ·his, I guess, reason against it would be, but he had 17· ·that Mr. Doyle never said anything to you from 2014
18· ·told me to take it off on multiple occasions, and I 18· ·to 2018 about the way you talked?
19· ·would just try and make sure that it wasn't seen. 19· · · · A.· ·I don't remember him saying anything to me
20· · · · Q.· ·Did he tell anyone, other than you, to 20· ·specifically.
21· ·take off chains that were worn -- 21· · · · Q.· ·Did Mr. Doyle say anything to you about
22· · · · A.· ·Yes. 22· ·the way that you walked?
23· · · · Q.· ·-- in the department building? 23· · · · A.· ·I don't remember him saying anything to me
24· · · · A.· ·All the time. 24· ·specifically.
25· · · · Q.· ·What did you understand, if anything, was 25· · · · Q.· ·Did Chris Doyle ever use the N-word
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·1· ·his concern? ·1· ·directed at you?
·2· · · · A.· ·He never expressed a concern.· He just ·2· · · · A.· ·Never directed at me.
·3· ·would tell you to "take that shit off."· And he ·3· · · · Q.· ·Did he ever call you a stupid MF?
·4· ·would make it seem as if you were wearing something, ·4· · · · A.· ·He never called me that, no.
·5· ·that you were trying to be an individual and you ·5· · · · Q.· ·Did he make any reference to what gang you
·6· ·weren't a part of Iowa football, that it was an ·6· ·were involved with or any gang affiliation
·7· ·expression -- I don't know what -- if "political" is ·7· ·related --
·8· ·the right word.· It was an expression that you're ·8· · · · A.· ·Not -- no, not directed at me.· Coach
·9· ·something more than the team.· They'd use the phrase ·9· ·Doyle -- I mean, objectively you could see I was one
10· ·of "This isn't Aaron University.· This isn't Mends 10· ·of the top performers in the weight room.· So I
11· ·University."· Other players would wear clothing or 11· ·guess I was able to -- I don't know.· I had a little
12· ·articles of clothing that would affiliate their 12· ·bit more lenience than others.· I guess I had a
13· ·fraternity affiliation.· He would berate them and 13· ·longer rope than others in that aspect.
14· ·call them frat boys and kind of just give this 14· · · · Q.· ·You received different treatment than the
15· ·negative connotation that, you know, what they were 15· ·treatment you observed of Mr. Doyle to other people
16· ·doing was stupid, when in reality that's a very big, 16· ·because of your performance and prowess and strength
17· ·important part of some people's lives. 17· ·and commitment in the weight room; is that a fair
18· · · · Q.· ·Can you give me some examples or names of 18· ·statement?
19· ·people that he would call frat boys and ridicule 19· · · · · · ·MS. MATE-KODJO:· Objection.· Misstates his
20· ·them about their clothing? 20· ·testimony.
21· · · · A.· ·Sean Draper -- Sean Draper, Anthony Gair, 21· · · · · · ·Go ahead and answer.
22· ·Jaleel Johnson, Desmond King.· As far as, you know, 22· · · · Q.· ·(By Mr. Stone)· It's a question,
23· ·the frat association and the negative connotation 23· ·Mr. Mends, in case it wasn't clear.· I'm going to
24· ·that would come with that, those are the ones that 24· ·ask the reporter to reread it, and if you think it's
25· ·come to my mind. 25· ·a statement and not a question, it is intended to be

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·1· ·a question.· We'll put a question mark at the end of ·1· ·terms, any racially discriminatory terms, any
·2· ·it. ·2· ·racially harassment terms or slurs that were
·3· · · · · · ·MR. STONE:· Go ahead and please reread the ·3· ·directed at you individually?
·4· ·question. ·4· · · · A.· ·I would --
·5· · · · · · ·(The pending question was read by the ·5· · · · · · ·MS. MATE-KODJO:· Asked and answered.· But
·6· ·reporter.) ·6· ·go ahead.
·7· · · · A.· ·I'd say it was different, but it wasn't ·7· · · · A.· ·I would take it that they were addressed
·8· ·equal.· It wasn't the treatment that was -- that was ·8· ·to everyone.· He would be making fun of rap music.
·9· ·being given to white players.· It was just ·9· ·He would pull his pants down and sag them and, I
10· ·different, because he couldn't pick on me for 10· ·guess, inter- -- saying what he thought these songs
11· ·physically -- physical -- things that were of my 11· ·were -- interpreting what he thought these songs
12· ·physical ability.· It was more on other things, such 12· ·were about and kind of just making a mockery or a
13· ·as my appearance, my looks, the -- sorry.· I'm going 13· ·joke in front of us while we were lifting.· So
14· ·to sneeze. 14· ·directed at all the black players that were there,
15· · · · · · ·Can you hear me? 15· ·because that's who listened to it, and that's who
16· · · · Q.· ·(By Mr. Stone)· I can, Mr. Mends.· I don't 16· ·asks to play that type of stuff.
17· ·think you were probably finished with your answer. 17· · · · Q.· ·(By Mr. Stone)· All right.· Setting aside
18· ·If you'd like the reporter to read it back, she can, 18· ·the topic of the rap music that we've talked about,
19· ·or if you recall what you were saying, you're 19· ·what I'm asking you is specifically directed at you.
20· ·entitled to finish. 20· ·Did Mr. Doyle use any racial slurs or pejorative
21· · · · · · ·THE WITNESS:· Can you read it back for me, 21· ·terms or racially discriminatory terms or racially
22· ·please. 22· ·discriminatory names or any racially harassing terms
23· · · · · · ·MR. STONE:· Sure. could you please reread 23· ·that he directed at you individually?
24· ·his answer. 24· · · · A.· ·Could you define "pejorative."
25· · · · · · ·(The prior answer was read by the 25· · · · Q.· ·Sure.· Pejorative is the use of a term
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·1· ·reporter.) ·1· ·that is meant to demean somebody or to slur somebody
·2· · · · A.· ·The devices that they would have us wear ·2· ·or to diminish their self-respect in a manner that
·3· ·and things of that nature.· Or whether it be playing ·3· ·is a derogatory saying.· I think that is a
·4· ·time as well. ·4· ·sufficient definition of what I mean by
·5· · · · Q.· ·(By Mr. Stone)· Did Mr. Doyle ever tell ·5· ·"pejorative."
·6· ·you to "go back to the ghetto" or words like that? ·6· · · · · · ·And again, my question is, were any of
·7· · · · A.· ·He never said that to me, but I'm ... ·7· ·those types of terms or racial epithets or slurs or
·8· · · · Q.· ·Did Mr. Doyle use any derogatory terms ·8· ·racial name-calling ever directed at you
·9· ·towards you, if you can recall? ·9· ·individually and personally by Coach Doyle from 2014
10· · · · A.· ·Not towards me, but I've heard him use 10· ·to 2018?
11· ·derogatory terms. 11· · · · A.· ·I don't believe so.
12· · · · Q.· ·Well, again my question, Mr. Mends, is 12· · · · Q.· ·When you were in the weight room, did
13· ·directed at you.· Did Mr. Doyle direct at you 13· ·Coach Doyle work with you generally on a daily
14· ·derogatory or racist or pejorative terms of a 14· ·basis?· Would he come and talk to you and talk to
15· ·racially discriminatory nature to you individually? 15· ·you about your program and your lifting?
16· · · · A.· ·I think they were directed at everyone. 16· · · · A.· ·He was always in the weight room.· I mean,
17· ·So, for example, in the weight room, if rap music 17· ·generally, it depends.· I mean, obviously it depends
18· ·would play, he would make -- he would make 18· ·on what time you lift, but he was generally in there
19· ·suggestions or -- that were racially charged about 19· ·at some point with everyone.
20· ·the music.· And everyone was in earshot of it.· But 20· · · · Q.· ·And when he was in there, did he make a
21· ·from my experience, that's what I'm interpreting 21· ·point of coming to see you and see what progress you
22· ·your question as. 22· ·were making or how you were doing or coach you in
23· · · · Q.· ·So other than telling players to cut out 23· ·some manner?
24· ·the rap music, did Mr. Doyle ever make any racial 24· · · · A.· ·Yeah, sometimes.· It's -- he would do that
25· ·epithets directed at you, any racially pejorative 25· ·with all -- with everybody.· That was his job, I

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·1· ·believe. ·1· ·when you had your ACL injury -- or before you had
·2· · · · Q.· ·And he would do that on a daily basis; is ·2· ·your ACL injury, but that is when you were sort of
·3· ·that fair to say? ·3· ·slotted to become a starter when the football season
·4· · · · A.· ·Quite frequently. ·4· ·started, but when it actually started, you didn't
·5· · · · Q.· ·So, I mean, you would have an opportunity ·5· ·become a starter, did you?
·6· ·to speak with him or see him or be coached by him ·6· · · · A.· ·Do you mind if we take a break after this
·7· ·almost every day of those five years you remember of ·7· ·question?
·8· ·the Iowa football program; isn't that fair to say? ·8· · · · Q.· ·Yeah, you can take a break.· I said you
·9· · · · A.· ·All the days that we had workouts. ·9· ·can take breaks.· So we're taking a lot of breaks,
10· · · · Q.· ·And how many days would you have workouts 10· ·it seems, Mr. Mends, but go ahead.
11· ·on average each week? 11· · · · A.· ·Would you like me to wait till after your
12· · · · A.· ·It would depend on the time of year.· It 12· ·question is finished or now?
13· ·could be anywhere from three to five to six. 13· · · · Q.· ·Well, yeah, answer the question, if you
14· · · · Q.· ·How tall are you, Mr. Mends? 14· ·can.
15· · · · A.· ·6 foot. 15· · · · A.· ·Can you repeat the question?
16· · · · Q.· ·And (inaudible) when you came to Iowa? 16· · · · Q.· ·Why don't you go take your break.· We'll
17· · · · · · ·REPORTER:· Sorry?· Repeat your question, 17· ·deal with it when you come back.· Thank you.
18· ·please. 18· · · · A.· ·Thank you.
19· · · · · · ·MR. STONE:· Is that feedback coming from 19· · · · · · ·THE VIDEOGRAPHER:· Off the record at
20· ·me, or can you tell? 20· ·4:13 p.m.
21· · · · · · ·REPORTER:· I don't know.· It just cut out. 21· · · · · · ·(A brief recess was taken.)
22· ·Your words cut out.· I didn't hear feedback. 22· · · · · · ·THE VIDEOGRAPHER:· On the record at
23· · · · Q.· ·(By Mr. Stone)· How much did you weigh 23· ·4:23 p.m.
24· ·when you came to Iowa, Mr. Mends? 24· · · · Q.· ·(By Mr. Stone)· Mr. Mends, did you have a
25· · · · A.· ·I weighed 200. 25· ·target weight when you were a linebacker at Iowa?
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·1· · · · Q.· ·How did that height and weight of 6 foot ·1· · · · A.· ·Yes.
·2· ·and 200 pounds compare to the other starting ·2· · · · Q.· ·What was it?
·3· ·linebackers for the years 2014 to 2019, if you know? ·3· · · · A.· ·It was variable.· It changed every year,
·4· · · · A.· ·On my -- are you speaking on my team or in ·4· ·every -- I mean, it could be -- it was variable.
·5· ·the Big Ten in general or ... ·5· · · · Q.· ·Kept going up during the time you were
·6· · · · Q.· ·Well, let's talk about Iowa. ·6· ·there?
·7· · · · A.· ·I think it was, for the most part, outside ·7· · · · A.· ·Yes.
·8· ·of my freshman year, on par with everyone else. ·8· · · · Q.· ·Did it get to 225?
·9· · · · Q.· ·Was Josey Jewell taller? ·9· · · · A.· ·Yes.
10· · · · A.· ·Well, I wouldn't be -- I couldn't -- I 10· · · · Q.· ·Was it ever above 225?
11· ·don't think it's a fair comparison if Josey Jewell 11· · · · A.· ·I believe so.
12· ·is much older than me, had been in the program 12· · · · Q.· ·Did you have trouble making that weight
13· ·longer than I had been, and I was a freshman. 13· ·occasionally?
14· · · · Q.· ·Okay.· I didn't mean to limit it to when 14· · · · A.· ·In my younger years, yes.
15· ·you were a freshman.· But do you believe you were an 15· · · · Q.· ·Did Coach Doyle encourage you to drink
16· ·average size linebacker at Iowa, or do you believe 16· ·shakes and eat food and do other things to help
17· ·you were a smaller linebacker at Iowa? 17· ·increase your weight?
18· · · · A.· ·I believe I was average, maybe a little on 18· · · · A.· ·I wouldn't call it encouragement.· But he
19· ·the smaller side, but nothing unheard of. 19· ·made it a point that I was -- back to my reference
20· · · · Q.· ·Did you ever start, Mr. Mends, in the 20· ·earlier, I wasn't going to be a Big Ten linebacker
21· ·sense that you were actually starting a football 21· ·wearing a large shirt.· So it wasn't with my -- it
22· ·game at Iowa? 22· ·wasn't with my consideration.· He was telling me
23· · · · A.· ·Not that I recall. 23· ·what I was going to do and to get it done.
24· · · · Q.· ·You mentioned that you were a starter in 24· · · · Q.· ·Was it his responsibility, to your
25· ·the spring of 2016, I believe, and maybe even 2018 25· ·understanding, to coach you into making you a weight

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·1· ·that was your target weight? ·1· · · · A.· ·In the -- in May.
·2· · · · A.· ·I assume it was his responsibility to make ·2· · · · Q.· ·May of?
·3· ·sure that we were physically prepared to play a ·3· · · · A.· ·2020, I believe.
·4· ·football game.· I don't think that regulating my ·4· · · · Q.· ·2020?
·5· ·weight was part of -- I don't -- I'm not an expert ·5· · · · A.· ·When I was doing remote -- when I was
·6· ·in that matter. ·6· ·learning remotely.
·7· · · · Q.· ·Is he an expert in that matter? ·7· · · · Q.· ·So what have been your sources of income
·8· · · · A.· ·In what matter? ·8· ·since May of 2020 or when the Illinois State
·9· · · · Q.· ·What weight linebackers should have in ·9· ·scholarship ended?
10· ·order to play Division 1 or Big Ten football. 10· · · · A.· ·Substitute -- I've been doing substitute
11· · · · A.· ·Not that I know of. 11· ·teaching.· I have worked at -- I worked at a -- I
12· · · · Q.· ·Well, I mean, he's developed a number of 12· ·delivered pizzas, Kansas City, for a company called
13· ·very successful people in the NFL ranks; correct? 13· ·KC Kitchen.· I also did a little bit of personal
14· · · · A.· ·So I've been told.· He's trained a lot of 14· ·training, well, kind of like workouts and stuff like
15· ·very successful people that have been in the NFL and 15· ·that from word of mouth.
16· ·at -- at a variety of different weights, but I do 16· · · · Q.· ·Any other sources of income that you've
17· ·not -- I've never been told -- actually, I have been 17· ·had since May of 2020?
18· ·told that Coach Doyle is our nutritionist, but I 18· · · · A.· ·I've tried to start my own cryptocurrency
19· ·don't know that he has -- what, you know, 19· ·business.· Just investing, I guess.· And then my
20· ·certification or what gives him the authority to say 20· ·parents as well -- or my mom.· Sorry.
21· ·that he is, you know, a nutritionist, I guess. I 21· · · · Q.· ·Have you told me all the sources of income
22· ·wanted to know why we had one, other than his 22· ·that you've had since May of 2020?
23· ·statements. 23· · · · A.· ·All that I believe, yes.
24· · · · Q.· ·Mr. Mends, in your answers to 24· · · · Q.· ·Did you start a business called Apollo
25· ·interrogatories, you said that you're a -- is it a 25· ·Space Token?
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·1· ·substitute teacher in Kansas City? ·1· · · · A.· ·It wasn't a business.· It was a project.
·2· · · · A.· ·Yes. ·2· ·Yes, I did.
·3· · · · Q.· ·Is that your current employment? ·3· · · · Q.· ·What is Apollo Space Token?
·4· · · · A.· ·I've got new employment since. ·4· · · · A.· ·It was a meme cryptocurrency.· Basically
·5· · · · Q.· ·What is your new employment? ·5· ·just, you know, we wanted to start a star registry
·6· · · · A.· ·I'm working in sales in a tech company. ·6· ·so people could get their name in a star, and it
·7· · · · Q.· ·What company are you working for now? ·7· ·would be on the block chain.· So it would be, I
·8· · · · A.· ·I have not began.· I start tomorrow. ·8· ·guess, there forever.
·9· · · · Q.· ·What's the name of the company? ·9· · · · Q.· ·Were you the community leader of that
10· · · · A.· ·Transeo. 10· ·cryptocurrency item?
11· · · · Q.· ·I'm sorry.· I just didn't -- 11· · · · A.· ·Yeah.· Sure.· I was -- I spoke with
12· · · · A.· ·Transeo. 12· ·individuals that were -- that wanted to be a part of
13· · · · Q.· ·Since leaving Iowa in December of 2018, 13· ·it and help.
14· ·how have you supported yourself? 14· · · · Q.· ·How long did it exist?
15· · · · A.· ·I've been teaching. 15· · · · A.· ·I want to say a number of months, maybe,
16· · · · Q.· ·You had a full ride athletic scholarship 16· ·like, almost six months.· Cryptocurrency in general
17· ·at Illinois State; correct? 17· ·is very volatile.· Just like any new business and
18· · · · A.· ·Yes. 18· ·startups, like, if you don't have a good foundation,
19· · · · Q.· ·And then when that completed -- was that 19· ·they don't really last that long.· It was very
20· ·finished by the end of December '19, or did it last 20· ·difficult to keep it going, especially in this
21· ·through your working remotely, that final semester 21· ·climate where it's so new.
22· ·of the winter/spring of 2020? 22· · · · Q.· ·My research indicates that it was created
23· · · · A.· ·It continued on until I was graduated. 23· ·about April 9th of 2021 and shut down on about
24· · · · Q.· ·And when did you graduate from Illinois 24· ·August 2nd of 2021.· Does that seem the approximate
25· ·State? 25· ·dates of the duration of that Apollo Space Token?

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·1· · · · A.· ·That could be.· I can't really tell you ·1· · · · A.· ·Yes.
·2· ·the exact day it ended.· There's not really -- just ·2· · · · Q.· ·Did you recruit investors for the Apollo
·3· ·kind of everyone kind of lost hope towards the end. ·3· ·Space Token?
·4· ·So there was no definite end date. ·4· · · · A.· ·No.· It was completely voluntary.· We
·5· · · · Q.· ·And was the original Apollo Space Token ·5· ·had -- if you look on our -- I can send you a copy.
·6· ·turned over as a project to a community? ·6· ·We had, you know, terms and conditions that this was
·7· · · · A.· ·Yes. ·7· ·not a financial investment whatsoever.· It was a
·8· · · · Q.· ·And did the community, then, vote to give ·8· ·project, and if someone wanted to help be a part of
·9· ·the funds to a community leader as -- ·9· ·that project, they could, but there was no
10· · · · A.· ·Yes. 10· ·recruiting whatsoever.· All we did was post
11· · · · Q.· ·-- the transition did not go as planned? 11· ·information about how to be a part.
12· · · · A.· ·I mean, it did go.· It was -- we did give 12· · · · Q.· ·Did you ask for contributions or money or
13· ·the funds over to a community leader. 13· ·investments from former Iowa football players?
14· · · · Q.· ·The -- was it true that the original 14· · · · A.· ·I never asked them.· I actually was very
15· ·Apollo Space Token team and the new community leader 15· ·adamant to tell them I didn't want to -- that I
16· ·could not agree on a proper transition of the funds? 16· ·didn't want to give financial advice, because I'm
17· · · · A.· ·No.· We gave everything to him.· He didn't 17· ·not qualified to give financial advice, and that
18· ·agree on what he wanted outside of that.· He wanted 18· ·they were -- one individual in particular, Miles,
19· ·access to, I guess, our community telegram, and one 19· ·was badgering me about how he wanted to get
20· ·of the members on our team -- it wasn't a sole -- my 20· ·involved.· And I told him that "Hey, like, this
21· ·decision solely.· One of the members on our team 21· ·is" -- "like, it's not something you can just" --
22· ·didn't feel comfortable giving it to him.· So we 22· ·"like, you have to understand it.· It's not" --
23· ·just transferred all of the -- everything that was 23· ·"there's a lot of risk to it.· So it wouldn't make
24· ·left to him. 24· ·sense for me to just give you advice about
25· · · · Q.· ·How much did you realize from the project? 25· ·something."
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·1· · · · A.· ·It was -- honestly, I think it was a net ·1· · · · Q.· ·So what former Iowa football players or
·2· ·loss.· We invested everything that I had. ·2· ·friends of yours invested or gave money or
·3· · · · Q.· ·Did you make approximately $50,000 on the ·3· ·contributed to the Apollo Space Token project?
·4· ·project? ·4· · · · A.· ·I wouldn't know except off what they have
·5· · · · A.· ·No.· We had -- we had money that went to ·5· ·told me.· Because the way the block chain works,
·6· ·marketing, but all the money that we used, we used ·6· ·it's -- your identity is anonymous.· So it would
·7· ·to pay various marketers and things like that.· But ·7· ·just be a random serial number that had invested,
·8· ·cryptocurrency, it's very difficult to understand. ·8· ·but I have no idea who that was or how much it would
·9· ·I don't know if you're familiar with it, but the ·9· ·be.
10· ·value of something is only worth what is invested. 10· · · · Q.· ·Did you go to Miami at some point in time
11· ·So the value was gone. 11· ·in 2021 or 2022?
12· · · · Q.· ·Did you tell any of the investors that you 12· · · · A.· ·Yes, I did.
13· ·made $50,000 individually? 13· · · · Q.· ·Did you call Miles Taylor or other
14· · · · A.· ·I spoke with Miles and said I had made 14· ·investors from the city of Miami?
15· ·money with cryptocurrency.· I did not specify 15· · · · A.· ·I could have.· Me and Miles are really
16· ·whether it was my project. 16· ·good friends.· We speak often.
17· · · · Q.· ·I'm sorry.· I did not understand or 17· · · · Q.· ·Did you tell Miles Taylor what you had
18· ·couldn't hear your answer.· Could you repeat it, 18· ·made from the investment for the cryptocurrency
19· ·Mr. Mends. 19· ·project?
20· · · · A.· ·I spoke with a friend about it, that I had 20· · · · A.· ·I don't recall.
21· ·made money individually through cryptocurrency.· And 21· · · · Q.· ·Do you know whether any money was returned
22· ·he was very intrigued about how I had done it, and 22· ·to Miles Taylor or other investors or other persons
23· ·he wanted to be a part of the project and help in 23· ·who put money into the project?
24· ·some capacity. 24· · · · A.· ·I don't recall.· I'm not -- like I said,
25· · · · Q.· ·Did you say that friend was Miles Taylor? 25· ·there's no way of me knowing who put money in.

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·1· · · · Q.· ·Did you have a prospectus? ·1· ·you suffered any physical injuries for which you're
·2· · · · A.· ·I don't know what that is.· I wasn't -- ·2· ·currently receiving any treatment?
·3· · · · Q.· ·I'm sorry.· Were you finished?· Go ahead. ·3· · · · A.· ·No, I don't have none.
·4· · · · A.· ·Yeah.· Can you explain what that is. ·4· · · · Q.· ·Have you been disabled in any way because
·5· · · · Q.· ·Well, did you have any publication or ·5· ·of your experiences at the University of Iowa from
·6· ·document or pamphlet that described the Apollo Space ·6· ·2014 to 2018?
·7· ·Token and provided information to investors? ·7· · · · A.· ·Can you describe "disabled."
·8· · · · A.· ·We put information on our website.· And I ·8· · · · Q.· ·Do you have any physical defects or
·9· ·wouldn't call them investors, because it's not an ·9· ·lasting physical problems or inabilities to perform
10· ·investment.· It's a project. 10· ·athletically or to do normal daily activities?
11· · · · Q.· ·Was there a printed brochure? 11· · · · A.· ·Could you ask that question again.
12· · · · A.· ·It was a digital copy.· I'm sure you could 12· · · · Q.· ·Yes.· Let me ask it this way, Mr. Mends:
13· ·have printed it.· Someone could have printed it. 13· ·Do you consider that you have a physical disability
14· · · · Q.· ·Was there any federal or state 14· ·of any kind?
15· ·registration? 15· · · · A.· ·Not that I'm aware of.· But obviously,
16· · · · A.· ·We did register as a business.· But my 16· ·with any type of injury, there's going to be some
17· ·other business partner had done that.· I did not do 17· ·lingering effects.
18· ·that. 18· · · · Q.· ·Do you have any symptoms of any physical
19· · · · Q.· ·Who was your other business partner? 19· ·injury today as we are speaking here in your
20· · · · A.· ·It was Jared Smith. 20· ·deposition?
21· · · · Q.· ·Was this person a former Iowa football 21· · · · A.· ·Just what you would expect from anyone
22· ·player? 22· ·that had a serious injury.
23· · · · A.· ·No.· He was just a friend.· This project 23· · · · Q.· ·When's the last time you've seen a medical
24· ·had nothing to do with any time that I was at Iowa. 24· ·doctor about any of the injuries that you suffered
25· ·The only people that would have known about it were 25· ·from playing football at Iowa or at Illinois State?
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·1· ·people that personally called me and asked.· But ·1· · · · A.· ·None since I -- none at all.· I mean, I
·2· ·I -- it was, again, something I didn't share with a ·2· ·might have seen, like, a chiropractor, if you're
·3· ·lot of people, because I didn't -- I didn't feel ·3· ·considering that someone.· That's more
·4· ·comfortable giving my friends financial advice. ·4· ·sports-specific or related, but none regarding
·5· · · · Q.· ·After leaving Iowa City in the winter or ·5· ·medical treatments that I'm aware of.
·6· ·early spring of 2020 before the virtual pro day, ·6· · · · Q.· ·Are you receiving any medical treatment
·7· ·have you been back to Iowa City since then? ·7· ·for any mental injuries at this time?
·8· · · · A.· ·I don't remember.· I think I might have ·8· · · · A.· ·No, none.
·9· ·went to visit a friend.· But -- I think I might have ·9· · · · Q.· ·Do you consider whether you have any
10· ·went another time and worked out with a couple of 10· ·mental injuries or disabilities of any kind?
11· ·friends, but no.· Honestly, it gives me anxiety 11· · · · A.· ·Yes.· But none that have been documented
12· ·going back to Iowa City.· I don't -- I -- it's 12· ·by a doctor.
13· ·really hard for me to go anywhere near the state of 13· · · · Q.· ·I'm sorry?
14· ·Iowa. 14· · · · A.· ·None that have been diagnosed by a doctor.
15· · · · Q.· ·Do you have a criminal record of any kind, 15· · · · Q.· ·What mental injuries or deficiencies or
16· ·Mr. Mends? 16· ·disabilities do you believe you suffer from,
17· · · · A.· ·No. 17· ·Mr. Mends?
18· · · · Q.· ·Been arrested for anything other than a 18· · · · A.· ·I feel like I have a lot of anxiety.
19· ·traffic violation or -- any serious crime? 19· ·Lots of my -- all of the people that talk to me feel
20· · · · A.· ·Not that I'm aware of. 20· ·like I'm very anxious.· I've been kind of just -- I
21· · · · Q.· ·Do you have any civil actions or judgments 21· ·feel like I've been just cut off from a lot of my
22· ·against you? 22· ·friends and the people that I had school with. I
23· · · · A.· ·No, not that I'm aware of. 23· ·don't have -- I'm very isolated and to myself.· I --
24· · · · Q.· ·We've covered your coaching answers 24· ·I don't know.· I have anxiety and paranoia about
25· ·earlier, but I want to ask you if you have any -- if 25· ·things.· Like I said, I don't feel comfortable

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·1· ·coming to the state of Iowa.· It kind of -- I don't ·1· ·for information.· Or, you know, it's really hard for
·2· ·know -- makes my heart beat, and I start sweating. ·2· ·me to trust when people are being authentically
·3· ·It just brings back terrible memories of the time ·3· ·there for me or if they're just being used to
·4· ·that I had there. ·4· ·further their own careers or prevent their own
·5· · · · · · ·And it's very difficult for me to work in ·5· ·careers from being tarnished.
·6· ·places where there's a lot of people.· Even while I ·6· · · · · · ·He actually called me a few days ago, and
·7· ·was searching for jobs, I had some of the same -- ·7· ·he was very concerned about -- he told me that he
·8· ·just the same scares and just -- about how people ·8· ·had had some type of dream or something, even though
·9· ·would perceive me.· My -- I'm hyperaware of how ·9· ·I'm fairly confident he had spoken with the
10· ·people are perceiving me now.· I feel like it kind 10· ·University or Ben Niemann.· He said that he was
11· ·of affects the way that I walk through the world. 11· ·worried, concerned about the lawsuit, and he asked
12· ·And it's -- I don't know.· It's just been something 12· ·me, like, if I could try and not keep -- not involve
13· ·that -- I try to not talk about it as much, because 13· ·him in the lawsuit whatsoever, because he didn't
14· ·I feel like maybe if I just kind of keep it to 14· ·want to be a part of it.· And it was -- I don't
15· ·myself that I won't have to deal with it.· But, I 15· ·know.· I guess, in other words, trying to just get
16· ·mean, I talk to my family.· I talk to my girlfriend, 16· ·me to not speak on him, because he was worried about
17· ·and she's kind of just been the person that's kind 17· ·what could happen next.
18· ·of helped me get through it. 18· · · · Q.· ·Have you seen any providers since leaving
19· · · · Q.· ·Have you been treated by any medical 19· ·the University of Iowa about any emotional injuries
20· ·providers for the mental injuries or disabilities 20· ·or emotional disabilities that you have -- believe
21· ·you believe you have? 21· ·you have suffered?
22· · · · A.· ·I have not. 22· · · · A.· ·No, I have not.
23· · · · Q.· ·Have you -- besides treatment, have you 23· · · · Q.· ·And the symptoms that you believe you
24· ·seen any medical providers with respect to any 24· ·suffer are anxiety and feelings of paranoia?
25· ·symptoms or mental injuries or mental disabilities 25· · · · A.· ·Yes.
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·1· ·you believe you have? ·1· · · · Q.· ·Anything else that you believe you have
·2· · · · A.· ·No, I have not. ·2· ·suffered as a result of any emotional injuries or
·3· · · · Q.· ·Do you take any medication of any kind or ·3· ·disabilities you have?
·4· ·any prescription drugs of any kind for your anxiety? ·4· · · · A.· ·I would probably throw depression in
·5· · · · A.· ·No, I do not.· It's very difficult as ·5· ·there.· But I'm not a medical professional.· So I
·6· ·African American to find somebody to speak about ·6· ·don't know how to correctly diagnose these -- you
·7· ·these type of issues with.· Like I said, at the ·7· ·know, these terms.· They're just -- there's been
·8· ·University the last experience I had with the ·8· ·days where I feel like I can't do -- predominantly
·9· ·medical professional about these types of things, I ·9· ·why I got into substitute teaching, because it got
10· ·didn't feel like I could trust her.· She was a white 10· ·to a point where I didn't feel like I could -- I
11· ·lady that was in the pockets of the coaching staff 11· ·felt broken.· I just felt that when I had the
12· ·and reported directly to Coach Doyle and Coach 12· ·strength in me, then I would go and try and help
13· ·Ferentz.· It just kind of gave me a bad taste in my 13· ·others and try and guide them to do the right
14· ·mouth.· So it's really hard for me to trust people 14· ·things.· Obviously I love helping people.· Anyone
15· ·that are claiming to help you when I've been -- you 15· ·that knows you will tell you that.· Like, I'm a very
16· ·know, it's been the opposite multiple times on every 16· ·kindhearted person.· I want to try and share my
17· ·occasion. 17· ·experience and give everyone the opportunity to grow
18· · · · Q.· ·Do you believe you have suffered any other 18· ·in their own personal lives.· And so that drew me to
19· ·emotional injuries other than your feelings of 19· ·teaching.
20· ·anxiety? 20· · · · · · ·But there's days where I'm just like, man,
21· · · · A.· ·Just paranoia.· It's hard -- very hard for 21· ·I -- I'm just not feeling it.· Like, how can I sit
22· ·me to trust my friends.· For example, I'm really 22· ·up here confidently telling you this is what it is,
23· ·good friends with Miles, and I feel like the 23· ·but in my reality it wasn't like that.· There was
24· ·University used him as a puppet, as basically he 24· ·people that I thought I could trust that didn't --
25· ·was.· They used him as a puppet to try and pump me 25· ·weren't there for me when I needed them and, in

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·1· ·terms, pulled me away from someone that would have, ·1· ·Mr. Mends, if I may.· Is it fair to say that you
·2· ·in order to be chattel for their team. ·2· ·don't recall an instance where Coach Doyle used the
·3· · · · Q.· ·And just so that the record's clear, since ·3· ·N-word directed at an individual player, but you
·4· ·leaving the University of Iowa in approximately ·4· ·would occasionally hear him use the N-word in
·5· ·December of 2018, you've not sought nor have you ·5· ·connection with rap music or his comments about rap
·6· ·received any medical treatment of any kind for the ·6· ·music?· Is that a fair characterization of your
·7· ·physical injuries, the mental injuries, the ·7· ·testimony?
·8· ·emotional injuries, or the physical disabilities, ·8· · · · A.· ·I would state it as I had not heard him --
·9· ·mental disabilities, and emotional disabilities you ·9· ·me personally heard him call someone the N-word, but
10· ·believe you have suffered? 10· ·he would -- I've heard him say the N-word in
11· · · · A.· ·No.· I think it was just some of the 11· ·connection -- in earshot of other black players
12· ·residual of being told that -- you know, or being 12· ·where he knew they could hear it in order to make
13· ·perceived as someone that sought, I guess, 13· ·them feel uncomfortable and feel like they were not
14· ·emotional -- emotional injuries as someone that was 14· ·a part of our team, to be a second-class citizen.
15· ·less than.· And even though our white players, we 15· ·Like, it didn't matter what you thought or, like,
16· ·praise them for having mental issues.· When a black 16· ·you had no control over what I say or do and to
17· ·player felt some type of way, it wasn't -- sorry -- 17· ·ridicule and mock that person.
18· ·it wasn't seen in that same light. 18· · · · Q.· ·As you sit here today, can you identify
19· · · · Q.· ·Let me ask you about what you saw during 19· ·for me who those individuals were who were, you
20· ·the time that you observed Chris Doyle as a coach at 20· ·believe, in earshot of Mr. Doyle when he used that
21· ·the University of Iowa.· Do you have instances that 21· ·N-word?
22· ·you can tell me where you believed you heard Coach 22· · · · A.· ·Well, like, we -- obviously we train in
23· ·Doyle call some other player, not yourself, the 23· ·large numbers.· Some of those individuals might have
24· ·N-word? 24· ·been Akrum Wadley, Jaleel, Jonathan, the people in
25· · · · A.· ·He would use -- he -- it depends on the 25· ·this case.· It's -- we all work out together often.
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·1· ·way you take it.· He -- he's used it before, whether ·1· ·And the training times are different in the summer.
·2· ·he's trying to mock rap lyrics or in other ·2· ·There's so many different times.· I've trained with
·3· ·instances. ·3· ·every different person on the team.
·4· · · · Q.· ·I'm not sure I understand that answer, ·4· · · · Q.· ·How many occasions can you specifically
·5· ·Mr. Mends.· My question went to whether you believe ·5· ·recall when you heard Chris Doyle use the N-word in
·6· ·that you observed him call somebody the N-word, and ·6· ·connection with rap music or some other genre or
·7· ·you've told me that he may have used it in ·7· ·some other event or circumstance?
·8· ·connection with rap lyrics. ·8· · · · A.· ·Multiple occasions.
·9· · · · A.· ·I've heard him use it in a -- I've heard ·9· · · · Q.· ·Can you tell me what "multiple" means?
10· ·him use the word in the proximity of black people, 10· ·Does it mean three? five? eight? ten? can you tell
11· ·which created a racially tense environment.· If 11· ·me?
12· ·anyone has been around anyone that's said the 12· · · · A.· ·Maybe half a dozen, maybe six.
13· ·N-word, when black people are there, it's just very 13· · · · Q.· ·How about with respect to the use of the
14· ·awkward and uncomfortable for us.· So it's very hard 14· ·term "gang member" or "What gang is he in?"· Is that
15· ·to be in the same room when a white man's using the 15· ·something that you have heard Mr. Doyle say
16· ·N-word, and you don't have any -- you can't say 16· ·specifically to another former player of the Iowa
17· ·anything about it.· Who am I going to tell?· Coach 17· ·football team, even though he did not say it
18· ·Ferentz isn't going to do anything.· It's his best 18· ·directly to you?
19· ·friend.· Coach Doyle, it's his -- it's his world. 19· · · · A.· ·I heard him speak about a similar incident
20· ·There's no one -- it's very -- it's uncomfortable 20· ·with a player before.
21· ·and it hurts.· But if you're black, no one's going 21· · · · Q.· ·Who was that player that he spoke to about
22· ·to listen to that.· They're going to just say, "You 22· ·gang membership or affiliation, if you can recall?
23· ·need to suck it up and be tough.· You're a football 23· · · · A.· ·It was actually a player that either -- I
24· ·player." 24· ·think had just graduated.· His name was Damien
25· · · · Q.· ·Let me pursue that just a little further, 25· ·Powell.· And he had went back to Toledo, and he had

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·1· ·got shot in his face.· And he had -- it was -- like, ·1· · · · A.· ·Yes.
·2· ·he brought everyone together and was making a joke ·2· · · · Q.· ·Okay.· But the rest of it about gang
·3· ·about it, about how, like, how he shouldn't have ·3· ·affiliation or gang membership you didn't hear
·4· ·gone back to Toledo and joined a gang, and this ·4· ·directly or personally; you simply had it relayed to
·5· ·wouldn't have happened to him, because he had lost ·5· ·you by other former players that told you those
·6· ·his opportunity to be with the Cardinal -- I don't ·6· ·things?
·7· ·know if this was the only reason, but he had prior ·7· · · · A.· ·Yes.· But he would say things like this
·8· ·been with the Arizona Cardinals, and then he had got ·8· ·all the time.· So it's not -- it's not a far
·9· ·shot and no longer returned. ·9· ·stretch.
10· · · · · · ·And just being around something -- like, 10· · · · · · ·We had another player that -- it was -- we
11· ·I'm a black individual.· Like, I -- it just hurts. 11· ·had other players that would be speaking towards the
12· ·Like, I don't understand why you would feel 12· ·same things, and it was discussions that we had.· It
13· ·comfortable saying like that something in front of 13· ·was a team discussion.· Like, I'm -- like I said,
14· ·me.· It just was very weird.· It made me very 14· ·I'm in the locker room.· I have locker partners.
15· ·uncomfortable, and it gave -- it opened the door for 15· ·When these things happen, it's immediately like,
16· ·other people in the facility to just do and say 16· ·"Coach Doyle said this to me."· We're in the locker
17· ·whatever they want to marginalize you. 17· ·room talking about it.· It's a college locker room.
18· · · · · · ·I had players that told me I need to stay 18· ·Things don't -- everything is shared with everyone.
19· ·in my place.· Like, what does something like that 19· · · · Q.· ·And my questions at this point are to
20· ·mean?· What does stay in my place mean?· Sorry. I 20· ·inquire of you as to what you actually heard from
21· ·know I shouldn't even ask questions, but that's 21· ·Coach Doyle, of course, but then, secondarily, I'll
22· ·just ... 22· ·go on to ask you about what you heard from other
23· · · · Q.· ·No.· Are you finished, Mr. Mends? 23· ·people saying things that Doyle said.· But you
24· · · · A.· ·I'm finished. 24· ·understand the difference, I'm sure, that one thing
25· · · · Q.· ·Was there any other occasion during which 25· ·is something that you heard Coach Doyle say directly
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·1· ·you observed or heard Coach Doyle speak of gang ·1· ·to somebody, and another is that somebody said that
·2· ·members or "What gang is he in?" or gang affiliation ·2· ·Coach Doyle said something.· You understand that
·3· ·besides this incident that you've relayed to us just ·3· ·difference; correct?
·4· ·now? ·4· · · · A.· ·Yes.
·5· · · · A.· ·I had not heard it with my own ears.· But ·5· · · · Q.· ·Okay.· Let's go on to the "stupid MF," and
·6· ·I know it was said, because it'd been discussed in ·6· ·we both know what that term means.· Is that a term
·7· ·the locker room.· And these are the things that we ·7· ·that you heard Coach Doyle use directly to someone,
·8· ·had talked about that we were going to relay to the ·8· ·other than yourself, in the program?
·9· ·coaching staff.· Like, those were the incidents. ·9· · · · A.· ·Yes.· I've heard him say it to lots of
10· · · · Q.· ·Okay.· That makes me go back to the 10· ·black players.· He would talk to them anyhow.
11· ·reference to gang affiliation or gang membership or 11· · · · Q.· ·And he would use the word "stupid MF"?
12· ·participation.· Was that a comment that you 12· · · · A.· ·Yes.
13· ·specifically heard from Coach Doyle, or did you hear 13· · · · Q.· ·Do you know who those players were?
14· ·somebody else tell you that Coach Doyle had said it? 14· · · · A.· ·I'd like to say all of them.· Like,
15· · · · A.· ·I did not hear Coach Doyle say that in 15· ·everyone's -- Coach Doyle probably said it to
16· ·that instance. 16· ·Brandon Simon.· He said it to lots of people.· Like,
17· · · · Q.· ·Okay.· And the -- does that include the 17· ·it was just something you heard often.· Black
18· ·testimony you gave about the shooting of the 18· ·players were always talked to in a different manner
19· ·individual -- 19· ·than white players.· He would just go off on them
20· · · · A.· ·No.· That -- 20· ·just because what were they going to do?
21· · · · Q.· ·-- in Toledo? 21· · · · Q.· ·The phrase "Go back to the ghetto," was
22· · · · A.· ·No.· That was 100 percent me.· I was there 22· ·that something that you heard Coach Doyle say that
23· ·for that. 23· ·you heard personally directed to someone other than
24· · · · Q.· ·You heard that testimony -- you heard that 24· ·yourself?
25· ·statement come from Coach Doyle? 25· · · · A.· ·I didn't, no.· Or -- could you restate

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·1· ·that. ·1· · · · A.· ·At this moment in time, but there's
·2· · · · Q.· ·Yeah, I'll restate the question.· There's ·2· ·tons -- the story -- as you recall the incidences,
·3· ·a reference to "Go back to the ghetto," and my ·3· ·there's been so many that -- I don't know.
·4· ·question to you is whether you ever heard Coach ·4· · · · Q.· ·Well, your answer makes me ask you:· What
·5· ·Doyle say those words directly to someone other than ·5· ·else is it that you're thinking about that you and I
·6· ·yourself, which you told us you didn't hear ·6· ·haven't talked about?· Is there something that comes
·7· ·yourself, or words to that effect to some other ·7· ·to mind that you need to tell me when I am here
·8· ·former black player other than yourself? ·8· ·asking you to tell me every incident or every
·9· · · · A.· ·No. ·9· ·statement or pejorative term or derogatory slur that
10· · · · Q.· ·Can you tell me other derogatory or 10· ·you believe came out of Coach Doyle's mouth?· What
11· ·racially inspired or motivated terms or slurs that 11· ·is it that you and I haven't gone back and forth and
12· ·Coach Doyle said directly that you overheard at any 12· ·talked about so far today?· Is there anything else?
13· ·time in the building or in the weight room or during 13· · · · A.· ·I can't tell you every single word.· So at
14· ·the time that he was coaching? 14· ·this point I have nothing more to say.
15· · · · A.· ·He would use terms like that all the time. 15· · · · · · ·MR. STONE:· It's five o'clock.· Why don't
16· ·It was not uncommon.· That's exactly why we had 16· ·you give us a breakout room here, and I'll ask
17· ·these meetings.· That's exactly why Coach Doyle was 17· ·state's lawyers and Coach Ferentz, who needs to
18· ·the forefront of all of the conversations we had 18· ·leave, and Chris Doyle to enter the breakout room.
19· ·about racial discrimination, because it was 19· ·Thank you.
20· ·something that was an ongoing thing. 20· · · · · · ·THE VIDEOGRAPHER:· Off the record at
21· · · · Q.· ·We've covered a number of terms, and 21· ·4:59 p.m.
22· ·you've identified what you can recall he said about 22· · · · · · ·(A brief recess was taken.)
23· ·those.· What I'm asking you now is, are there other 23· · · · · · ·THE VIDEOGRAPHER:· On the record at
24· ·racial slurs or racial terms or derogatory terms 24· ·5:12 p.m.
25· ·that you believe that Coach Doyle said to players, 25· · · · Q.· ·(By Mr. Stone)· Mr. Mends, do you know the
Page 307 Page 309
·1· ·other than yourself, that you and I have not ·1· ·name Carmen Tebbe?
·2· ·discussed?· I want to know what else that Chris ·2· · · · A.· ·Carmen, yeah, that sounds familiar.
·3· ·Doyle may have said that you heard personally come ·3· · · · Q.· ·Is she one of the counselors that you
·4· ·out of his mouth that we've not talked about. ·4· ·visited with at the University of Iowa?
·5· · · · A.· ·I do not recall every single word that he ·5· · · · A.· ·Yes.
·6· ·had used.· It was so often that it got to the point ·6· · · · Q.· ·How many times do you recall seeing her?
·7· ·where I was like, honestly, let me just get through ·7· · · · A.· ·Maybe two or three times.· I couldn't give
·8· ·this.· It was -- ·8· ·you specific.· It was a long time ago.
·9· · · · Q.· ·So now have you -- I'm sorry.· Were you ·9· · · · Q.· ·Do you know what years you saw her?
10· ·finished, Mr. Mends? 10· · · · A.· ·I don't recall.· It was very short
11· · · · A.· ·Yeah.· I can't sit here and recall every 11· ·instances.
12· ·single word that he said.· I went to school there 12· · · · Q.· ·Your visits with her were short in time,
13· ·for five years.· He said a lot of things.· I -- it 13· ·you mean, or what?
14· ·was a lot of things, just -- 14· · · · A.· ·Yeah, I think so.· They were just ...
15· · · · Q.· ·As you sit here today, sworn under oath to 15· · · · Q.· ·And is she the person that you believed
16· ·tell the truth, can you come up with anything else 16· ·was sort of being controlled by the University of
17· ·that you believe you recall Coach Doyle saying out 17· ·Iowa and was not providing you the medical services
18· ·of his mouth to another African American football 18· ·you wanted to receive?
19· ·player at Iowa during the years 2014 to 2018 that 19· · · · A.· ·I didn't feel like she was in a position
20· ·you haven't told me yet? 20· ·where she could be unbiased.· She worked for the
21· · · · A.· ·I can't come up with anything.· I can just 21· ·University of Iowa.· She was hired by the football
22· ·tell you what I witnessed and was there for, and it 22· ·team, and she was -- she didn't provide any
23· ·was a lot. 23· ·anonymity -- sorry.· I can't say the word but --
24· · · · Q.· ·And just to close the loop, you've told me 24· ·anonymity when you wanted to reach out to talk to
25· ·everything that you can recall; correct, Mr. Mends? 25· ·her.· So I'm sure that they have regulations what

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·1· ·they're not supposed to talk, but, you know, I don't ·1· · · · A.· ·He was making -- he was basically joking
·2· ·know that that was upheld or if it wasn't.· I'm not ·2· ·about how a former player of him had got shot in his
·3· ·sure.· But I do know that she would be in the team ·3· ·face.
·4· ·meetings or in the meal room where everyone was.· So ·4· · · · Q.· ·What words did Mr. Doyle use in describing
·5· ·if I had felt that I wanted to go talk to her, I ·5· ·injuries or the incident involving Mr. Damien
·6· ·would most likely have to speak to her in front of ·6· ·Powell, to the best of your recollection as you sit
·7· ·the entire team and coaching staff, at least to set ·7· ·here today?
·8· ·up a meeting. ·8· · · · A.· ·I think he had went back to Toledo to
·9· · · · Q.· ·You did that a couple of times to set up ·9· ·train instead of staying at the University of Iowa,
10· ·meetings with her; correct? 10· ·and he was like, "That's what happens when you go
11· · · · A.· ·Yeah.· It got to the point where I had to 11· ·back" -- "be in a gang in Toledo."
12· ·just bite the bullet.· Like, it was either keep 12· · · · Q.· ·Who else heard that characterization --
13· ·going through it or try and talk to someone about 13· ·who else heard Mr. Doyle say what you just said?
14· ·it. 14· · · · A.· ·I don't recall.· It was -- like I said,
15· · · · Q.· ·As we're discussing Carmen Tebbe, can you 15· ·the weightlifting groups change every year, every
16· ·recall the name of any other counselor at the 16· ·summer, every semester.
17· ·University of Iowa or in connection with the Iowa 17· · · · Q.· ·Can you name one other person in this Iowa
18· ·football program that you spoke to? 18· ·football program who heard those words of Mr. Doyle
19· · · · A.· ·Not in connection with the football 19· ·in relationship to Mr. Damien Powell's injuries in
20· ·program. 20· ·Toledo when he was shot?
21· · · · Q.· ·Do you know Mr. Julian Vandervelde? 21· · · · A.· ·I believe Brandon Snyder was there.
22· · · · A.· ·Maybe.· I'm not -- I don't really recall 22· · · · Q.· ·Anybody else you can recall?
23· ·the name. 23· · · · A.· ·Not that I recall.
24· · · · Q.· ·Do you recognize him as a person who 24· · · · · · ·MR. STONE:· All right.· I think that's all
25· ·played in the offensive line center for the 25· ·I have for you, Mr. Mends.
Page 311 Page 313
·1· ·University of Iowa in approximately, oh, 10 or 11 ·1· · · · · · ·Mr. Peterzalek or Mr. Deist, do you have
·2· ·years ago?· I think he was drafted by the Eagles in ·2· ·anything to ask?
·3· ·2011. ·3· · · · · · ·MR. PETRAZELEK:· We don't have any further
·4· · · · A.· ·Sounds -- I mean, sounds like someone that ·4· ·questions.· Thank you.
·5· ·went to school there.· I don't -- that was before my ·5· · · · · · · · · · · ·EXAMINATION
·6· ·time.· So I'm not really sure.· I think -- ·6· ·BY MS. MATE-KODJO:
·7· · · · Q.· ·Do you know whether he was a singer? ·7· · · · Q.· ·I have some questions.
·8· · · · A.· ·No, I don't. ·8· · · · · · ·Aaron, at the end of the deposition, I'm
·9· · · · Q.· ·Do you know whether he sang "Phantom of ·9· ·going to ask you a few follow-up questions.· Okay?
10· ·the Opera" to an opposing team? 10· · · · A.· ·Okay.
11· · · · A.· ·Not aware. 11· · · · Q.· ·You've talked a lot about people that have
12· · · · Q.· ·Do you know -- are you aware that he sang 12· ·talked to you today during your time at Iowa.· If
13· ·the national anthem for President Obama? 13· ·Kirk Ferentz testifies in his deposition that he
14· · · · A.· ·Not aware. 14· ·didn't know about the concerns of black student
15· · · · Q.· ·Do you know if he was ever ridiculed for 15· ·athletes about race discrimination, would you
16· ·singing or being in a choir or performing? 16· ·disagree with that?
17· · · · A.· ·I don't think he would be.· He was a white 17· · · · A.· ·Yes, I would.
18· ·player.· I mean, that wouldn't -- they wouldn't see 18· · · · Q.· ·Why would you disagree with that?
19· ·that as a knock to your toughness or physicality. 19· · · · A.· ·Because we had meetings and brought it
20· ·They would just say it's a player expressing 20· ·directly to his attention.· There was also an
21· ·themselves. 21· ·investigation through the University.· He appointed
22· · · · Q.· ·I'm interested in your comments about 22· ·a group of African American players to discuss these
23· ·Damien Powell.· What is it that you believe Coach 23· ·issues, and Coach Ferentz is -- he's -- there's no
24· ·Doyle said about Damien Powell to the assembled 24· ·higher person in the state of Iowa than Coach
25· ·group of players at that time? 25· ·Ferentz.· Coach Ferentz is right up there with the

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·1· ·governor.· He knows everything.· He's omnipotent in ·1· · · · A.· ·Out of the black student athletes in my
·2· ·the fact -- in anything that goes on in his ·2· ·class, I think I'm the only one that made it to
·3· ·building.· People -- that's why I didn't bring up ·3· ·graduation date 2018.· We had a few special
·4· ·the incident regarding me being pulled over with ·4· ·instances.· Josh Jackson, who they literally just --
·5· ·Jaleel and all that stuff.· People would just -- ·5· ·he went from never playing a snap to the best --
·6· ·like, hey, Coach Ferentz is going to know about ·6· ·relatively the best corner in the Big Ten.· He
·7· ·these things.· The police speak to Coach Ferentz. ·7· ·was -- lightning struck a bottle.· He got out of
·8· ·He speaks to everyone.· There's nothing that he ·8· ·there early.· He was fleeing the University, in my
·9· ·doesn't know about his football program. ·9· ·opinion.
10· · · · Q.· ·Following up on that, you've testified 10· · · · · · ·Miles Taylor, I don't consider him in my
11· ·earlier today about those various conversations you 11· ·class, because he didn't redshirt.· So he went up
12· ·had with Coach Kirk Ferentz about race 12· ·into the next class.· And then I'm not really
13· ·discrimination.· Is it true that he knew that black 13· ·exactly sure how Marcel finished out, because he
14· ·student athletes felt discriminated against before 14· ·wasn't really -- I don't really know the situation
15· ·you were interviewed by Liz Tovar in -- 15· ·there.
16· · · · A.· ·Yes. 16· · · · · · ·So for me personally out of all
17· · · · Q.· ·-- 2018? 17· ·the people -- all the black student athletes that I
18· · · · A.· ·Yes. 18· ·came in with, whether it be Jameer, Terrence Harris,
19· · · · Q.· ·And how do you know he knew about black 19· ·CJ Hilliard, all of them were kicked out or pushed
20· ·student athletes' concerns about race discrimination 20· ·out of the University in some form or capacity.
21· ·in the program prior to 2018? 21· · · · Q.· ·The students that you just identified, you
22· · · · A.· ·We had had conversations about it in the 22· ·said some of them left on their own.· Were some of
23· ·leadership group.· Other black players had told me 23· ·the black student athletes in your class kicked out
24· ·that they've -- like, Jordan Lomax, for example, he 24· ·of the program?
25· ·was involved in it.· Like, players have been saying 25· · · · A.· ·From what I know, they were all kicked
Page 315 Page 317
·1· ·this.· There's -- if you go through all the tweets, ·1· ·out.· I don't really know any of the -- you know,
·2· ·there's people from years and years back echoing the ·2· ·it's very difficult as a student athlete to leave a
·3· ·same sentiment over.· I think about 60 people have ·3· ·program.· There's going to be repercussions, whether
·4· ·said something.· So at some point it's got to -- ·4· ·it be sitting out a year or -- you don't have a
·5· ·it's got to ring that, you know, there's an issue ·5· ·good -- who's going to vouch for you?· You know, if
·6· ·going on. ·6· ·you hadn't had significant playing time, it's going
·7· · · · Q.· ·Sure.· In these conversations you were ·7· ·to be very difficult for a coach to call the
·8· ·having with him, did you guys dance around the issue ·8· ·University of Iowa and ask how you were, because
·9· ·about race discrimination, or were you actually ·9· ·they're not going to have anything good to say about
10· ·using words like "race discrimination"? 10· ·you.
11· · · · A.· ·No.· We specifically were talking about 11· · · · Q.· ·You testified earlier about -- well, you
12· ·race discrimination, and that was what the meeting 12· ·got a lot of questions about racially discriminatory
13· ·was for.· That was the entire subject of the 13· ·comments.· Is discriminatory treatment just about
14· ·meeting. 14· ·racial comments -- comments, or is it also about
15· · · · Q.· ·You mentioned, you know, student athletes 15· ·differences in treatment?
16· ·that were on Twitter going back to before you were 16· · · · A.· ·Sorry.· Could you ask -- I don't
17· ·at the University of Iowa.· Do you have any personal 17· ·understand.
18· ·knowledge of black student athletes that left the 18· · · · Q.· ·Yeah.· You were asked a lot about racial
19· ·Hawkeye football program, in part at least, because 19· ·comments.
20· ·of their concerns about race discrimination? 20· · · · A.· ·Yes.
21· · · · A.· ·Lots of them.· I'm the only -- I'm one of 21· · · · Q.· ·And so I'm wondering if -- when you're
22· ·the few survivors in my class, I think, if not the 22· ·talking about a racially hostile environment, does
23· ·only one. 23· ·some of that environment get created by the
24· · · · Q.· ·Let's talk about your class.· What do you 24· ·differences in treatment that you observe between
25· ·mean by that? 25· ·white and black student athletes?

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·1· · · · A.· ·Yes. ·1· ·just -- my pants were at my waistline, where any
·2· · · · Q.· ·So it's not just about racial slurs and ·2· ·normal person would have them.· It just happened to
·3· ·racial comments? ·3· ·be -- you know, showed a tiny bit, and it became,
·4· · · · A.· ·No, it's not.· Just the way that they act ·4· ·oh, now you're -- you're sagging your pants.· You're
·5· ·and the way that they expect you to be, in tandem ·5· ·trying to portray a gangster, tough -- you know, in
·6· ·with what's being said. ·6· ·the picture, when I just told him it was just
·7· · · · Q.· ·Well, in terms of the way you were ·7· ·aesthetically a nice picture.
·8· ·expected to be, you gave some testimony earlier ·8· · · · · · ·And a representative at the University
·9· ·today about how you changed your hair in order to ·9· ·took the photo.· If he felt that that was the case,
10· ·assimilate to the culture.· Was there anything else 10· ·I don't see why he wouldn't have said that "Hey, you
11· ·you did in terms of your lifestyle or just living 11· ·know, fix that."
12· ·arrangements that you changed in order to assimilate 12· · · · Q.· ·Sure, sure.· In going back to your -- you
13· ·into the "Iowa way"? 13· ·mentioned it would be aesthetically pleasing for the
14· · · · A.· ·I was -- I think it was my freshman 14· ·'gram, for Instagram.· You know, you also testified
15· ·year -- yeah, my redshirt freshman year, the first 15· ·about having to gain weight or being asked to gain
16· ·house that I lived in, I lived with all black 16· ·weight and improve your strength in, like, strength
17· ·student athletes.· It was me, Jameer, Omar, and Josh 17· ·and conditioning programs -- or the strength and
18· ·Jackson.· And in our exit interviews and meetings, 18· ·conditioning program.· During your time at Iowa, did
19· ·Coach Ferentz always asks who you live with, who 19· ·you feel like the coaching staff treated you more
20· ·your roommates are, and who you associate with, if 20· ·like an object than a human?
21· ·you have friends on the team.· So those guys were 21· · · · A.· ·Yes.
22· ·obviously pegged as -- you know, they were treated 22· · · · Q.· ·Can you explain that a little bit.· What
23· ·differently, because they were black.· They were -- 23· ·do you mean by that?
24· ·they had a short leash. 24· · · · A.· ·It felt like they -- for example, with the
25· · · · · · ·So I felt like -- I felt like if I wanted 25· ·weight, like, it's not humanly healthy for anybody's
Page 319 Page 321
·1· ·to get a better experience at Iowa that I had to ·1· ·metrics to gain exorbitant amounts of weight
·2· ·leave the people that I felt were my friends and go ·2· ·overnight.· It wasn't about the weight.· It was
·3· ·live with Miles, who went on to work at the ·3· ·about command over black players to say, "Hey, if we
·4· ·University, Ben Niemann, Keagan Render, and Lucas ·4· ·told you to do something, you're going to do it. I
·5· ·LeGrand, who were all white players, outside of ·5· ·don't care how you get it done.· I don't care if it
·6· ·Miles. ·6· ·hurts you physically, mentally, but, like, if you
·7· · · · Q.· ·You talked about assimilating to a culture ·7· ·want to be around here, you're going to do what we
·8· ·when you talked about the "Iowa way."· Were you ·8· ·say, and you're going to abide by our rules."
·9· ·referring to that culture being about race, or what ·9· · · · Q.· ·In terms of -- you know, you've kind of
10· ·did you mean by assimilating to a culture? 10· ·testified to the duality of pushing student athletes
11· · · · A.· ·They wanted to create an environment where 11· ·to their -- you know, to be their physical best, and
12· ·they wanted to suppress what it meant to be black, 12· ·then on the flip side being objectified.· Did you
13· ·anything that looked black, sounded black, like -- 13· ·ever see that come up in ways that the coaching
14· ·and they were disguising it as things that would 14· ·staff would discipline athletes differently based on
15· ·help you be a better football player, which had 15· ·race?
16· ·nothing to do with athletic performance. 16· · · · A.· ·Yeah.· I specifically remember my freshman
17· · · · Q.· ·So, for example, earlier you were asked a 17· ·year they brought all of the black athletes in -- it
18· ·series of questions about your underwear and, like, 18· ·was, like, a -- they for some reason felt that they
19· ·your shirtless body and with the gun.· As a black 19· ·needed to punish us, whether it was for -- I don't
20· ·man when you're asked questions like that, do you 20· ·know what reason that they are stating it was.· They
21· ·understand those questions to be evoking racial 21· ·brought -- it was me, CJ Hilliard -- or sorry --
22· ·stereotypes? 22· ·Hillier.· Can't remember exactly how you say his
23· · · · A.· ·Yes.· Because in that picture, it wasn't 23· ·name.· Jameer Outsey, Terrence, basically all the
24· ·like I was sagging my pants, which I'm sure that's 24· ·black athletes at the time and no other -- no white
25· ·what was trying to be into that.· Like, it was 25· ·athletes.· And they woke us up -- they woke us up,

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·1· ·and we had to come and run for -- we were doing bear ·1· ·did you notice a difference in how the coaches over
·2· ·crawls, rolls.· We were -- basically until CJ ended ·2· ·there treated black and white student athletes
·3· ·up throwing up.· But that's what stopped us.· All ·3· ·differently than how they were treated at Iowa?
·4· ·the coaches were there watching us.· People were ·4· · · · A.· ·Yes.· It was a complete shock.· It opened
·5· ·laughing.· Like, it was just like they were trying ·5· ·my eyes.· I was like, wow, like -- it got to the
·6· ·to just break us down to show us, like, hey, this ·6· ·point where I was telling people about things that
·7· ·isn't -- this isn't what you think it is.· This is ·7· ·had happened, whether it be the coaches or other
·8· ·our way or the highway. ·8· ·teammates, and they were just like -- they were just
·9· · · · Q.· ·Were any white student athletes asked to ·9· ·tucking back, almost in, like, shock like, "What --
10· ·participate in those exercises? 10· ·"What the hell are you talking about?"· Like, we're
11· · · · A.· ·Not that I recall. 11· ·just here to play football.· It's not even like
12· · · · Q.· ·Where were the white student athletes 12· ·that.
13· ·during this time? 13· · · · · · ·And I was just like I -- when I got there,
14· · · · A.· ·I think in the dorms. 14· ·I felt like I was mind-washed.· You can ask any of
15· · · · Q.· ·So they weren't there on the field or 15· ·my teammates.· They'll say that this dude was
16· ·participating? 16· ·like -- I don't know -- he was in a whole nother
17· · · · A.· ·No. 17· ·world.· And then after some months of being there, I
18· · · · Q.· ·In terms of your testimony earlier today, 18· ·realized, like, football is just about playing
19· ·you talked about -- I think very early in the day 19· ·football, you know.· It's not about the extra things
20· ·you talked about being treated as you were an 20· ·like how you walk, how you talk, how your haircut
21· ·athlete as opposed to being treated as a student 21· ·is, if you have tattoos or not, if you have kids, if
22· ·athlete.· Did you feel that the coaching staff in 22· ·you have a baby momma, like, all that stuff.· You
23· ·the Iowa football program supported white and black 23· ·know, as long as you're a high-character individual
24· ·student athletes similarly in their academic 24· ·and you play good football, that's all they needed.
25· ·endeavors? 25· · · · Q.· ·So at Illinois State you didn't feel like
Page 323 Page 325
·1· · · · A.· ·No. ·1· ·you were treated like an object or a racial
·2· · · · Q.· ·Okay.· Can you explain that. ·2· ·stereotype?
·3· · · · A.· ·If you're a black student athlete, I ·3· · · · A.· ·No.· I was just -- I was an equal player,
·4· ·suppose, then you were expected to get your work ·4· ·just like everyone else.· And at Illinois State I'm
·5· ·done, come to facility, and be there training and ·5· ·sure they expected me to come in and be, you know, a
·6· ·working at all hours of the day.· It didn't matter. ·6· ·big contributor, and with my injury I obviously
·7· ·Like, that was your only focus.· They didn't care. ·7· ·contributed a decent amount, but not -- I wasn't, by
·8· ·If you were a white student athlete and you had ·8· ·any means, the number one starter at their -- or I
·9· ·other obligations, they would make accommodations. ·9· ·didn't by any means have the most snaps as a
10· ·I know one time we changed a practice around 10· ·starter.· I played a significant amount, and they
11· ·because -- the name -- Jake Rudock had a test or 11· ·were happy with that.· It didn't feel like, hey,
12· ·something of some sort.· They would let you leave 12· ·like, we brought you here.· We're going to get every
13· ·early.· If you're a black student athlete, you 13· ·ounce out of you and then just kick you to the curb.
14· ·literally would be in a workout, and they'd be like, 14· · · · Q.· ·And that's how you felt how you were
15· ·"Oh, you got 10 minutes.· Like, hurry up and run to 15· ·treated by the Hawkeyes?
16· ·class." 16· · · · A.· ·Yes.
17· · · · · · ·It was just -- it wasn't the same.· Like, 17· · · · Q.· ·You mentioned snaps.· I'm assuming that's
18· ·they didn't -- the type of degrees that they would 18· ·when the guy throws the ball and the other guy
19· ·put you to get, they would just -- basically just 19· ·catches it; is that right?
20· ·like, hey, you're here to play football.· Like, quit 20· · · · A.· ·The beginning of each play.
21· ·doing all that other shit. 21· · · · Q.· ·Okay.· Did you file this lawsuit because
22· · · · · · ·If you're a white student athlete, it was 22· ·of not starting X number of games or not getting
23· ·like, okay, cool.· Like, you know, we're going to 23· ·snaps or over your playing time?· Is that why you
24· ·support you both academically and athletically. 24· ·filed this lawsuit?
25· · · · Q.· ·After you transferred to Illinois State, 25· · · · A.· ·No, it had nothing to do with that.

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·1· · · · Q.· ·Okay.· Why did you choose to join this ·1· · · WADLEY, et al., V. UNIVERSITY OF IOWA, et al.
·2· · · · · · · · · · AARON KWESI MENDS
·2· ·lawsuit?
·3· · · · · · · · · · · · ·3/22/22
·3· · · · A.· ·Because I felt like me and other ·4· · · · · · · · · ·WITNESS ERRATA SHEET
·4· ·players -- other black players had been racially ·5· ·Indicate changes you want to make below, including
·5· ·discriminated against, and we were robbed of an · · ·page number, line number, the text as shown in the
·6· ·transcript, what you want to change it to, and the
·6· ·opportunity that otherwise should have been afforded
· · ·reason for the change.· Example:· Page X, Line Y,
·7· ·to us at a public university. ·7· ·Smith to Smythe, incorrect spelling.
·8· · · · Q.· ·And you think that was because of your ·8· ·Page· ·Line· ·Change what to what· · · Reason
·9· ·race? · · ·____________________________________________________
·9
10· · · · A.· ·Yes.
10
11· · · · · · ·MS. MATE-KODJO:· Those are my questions. 11
12· · · · · · ·MR. STONE:· I don't think I have any 12
13· ·follow-up.· Thank you. 13
14· · · · · · ·THE VIDEOGRAPHER:· Off the record ending 14
15
15· ·the deposition at 5:32 p.m. 16
16· · · · · · ·(Discussion off the record.· The following 17· ·I have read my examination under oath and have noted
17· ·took place off the video record.) · · ·any changes I wish to make to it above.· Signed and
18· · · · · · ·MS. MATE-KODJO:· I just mentioned off the 18· ·dated this ____ day of _________, 2022.
19
19· ·record quickly that we meant to request to read and
· · ·_____________________
20· ·sign the deposition. 20· · ·WITNESS SIGNATURE
21· · · · · · ·(The deposition concluded at 5:32 p.m.) 21
22 22· ·I witness the above signature on the ____ day of
23· ·_________, 2022.
23
24
24 · · ·_____________________
25 25· · · ·NOTARY PUBLIC· · ·My commission expires _______.
Page 327
·1· · · · · · · · · C E R T I F I C A T E
·2· · · · I, the undersigned, a Certified Shorthand
·3· ·Reporter of the State of Iowa, do hereby certify
·4· ·that there came before me via videoconference at the
·5· ·time and date hereinbefore indicated, the witness
·6· ·named on the caption sheet hereof, who was by me
·7· ·duly sworn to testify to the truth of said witness's
·8· ·knowledge, that the witness was thereupon examined
·9· ·under oath, the examination taken down by me in
10· ·shorthand and later reduced to a transcript through
11· ·the use of a computer-aided transcript device under
12· ·my supervision and direction, and that the
13· ·deposition is a true record of the testimony given
14· ·and of all objections interposed.
15· · · · I further certify that I am neither attorney or
16· ·counsel for, nor related to or employed by any of
17· ·the parties to the action in which this deposition
18· ·is taken, and further that I am not a relative or
19· ·employee of any attorney or counsel employed by the
20· ·parties hereto or financially interested in the
21· ·action.
22· · · · Dated this 2nd day of April 2022.
23
· · · · · · · · · · · · · ·____________________________
24· · · · · · · · · · · · ·CERTIFIED SHORTHAND REPORTER
25

Doyle Appx. 216

·3· ·- - - - - - - - - - - - - - - -
·5· ·and JAVON FOY,· · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
·6· · · · · ·Plaintiffs,· · · · · ·:
· · ·vs.· · · · · · · · · · · · · ·: Case No. 4:20-cv-366
·7· · · · · · · · · · · · · · · · ·:
·9· ·DOYLE,· · · · · · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
10· · · · · ·Defendants.· · · · · ·:
· · ·- - - - - - - - - - - - - - - -
11
12
13
14
15· · · ·VIDEO-RECORDED DEPOSITION OF DARIAN COOPER,
18· ·Iowa, commencing at 9:04 a.m., Wednesday, March 23,
19· ·2022.
20
21
22
23
24

Doyle Appx. 217
DARIAN COOPER· 03/23/2022 Pages 2..5
Page 2 Page 4
·2· ·For the Plaintiffs (via Zoom): ·2· ·WITNESS:· DARIAN COOPER· · · · · · · · · · · · ·PAGE
· · · · · CHRISTIAN S. DENNIE, ESQ.
·3· ·Examination By Mr. Stone ..........................7
·3· · · · MITCHEL KEVIN McILWAIN, ESQ.
· · · · · BARLOW GARSEK & SIMON LLP ·4· ·Examination By Mr. Dennie .......................133
·4· · · · 920 Foch Street ·5
· · · · · Fort Worth, Texas 76107 ·6· ·EXHIBITS· · · · · · · · · · · · · · · · · PAGE FIRST
·5
· · · · · · · · · · · · · · · · · · · · · · · ·REFERENCED
·6· · · · BMK LAW FIRM PLLC ·7· ·2· ·- First amended complaint ...................107
· · · · · 1910 Washington Street, Suite 100 ·8· ·18· - News article "Iowa's Darian Cooper sets ....11
·7· · · · Pella, Iowa 50219 · · · · · example in perseverance"
·9
· · · · · KYMBERLI HECKENKEMPER, ESQ.
·9· · · · SOLOMON SIMMONS LAW · · ·30· - Cooper's answers and objections to .........92
· · · · · 601 South Boulder Avenue, Suite 600-A 10· · · · interrogatories
10· · · · Tulsa, Oklahoma 74119 11· ·CERTIFICATE OF REPORTER..........................147
11· ·For Defendants Ferentz and University of Iowa
12· ·Reporter's Note: Exhibits 18 through 30 were marked
· · ·(via Zoom):
12· · · · ROGER W. STONE, ESQ. · · ·by counsel prior to the deposition and distributed
· · · · · SIMMONS PERRINE MOYER BERGMAN PLC 13· ·to all parties.· Exhibit 2 was marked previously.
13· · · · 115 Third Street Southeast, Suite 1200 · · ·Not all exhibits were used.
· · · · · Cedar Rapids, Iowa 52401
14
14
15· ·For the Defendants (via Zoom): · · ·(ph) indicates a phonetic spelling.
· · · · · JEFFREY C. PETERZALEK, ESQ. 15· ·[sic] indicates the text is as stated.
16· · · · CHRISTOPHER DEIST, ESQ. · · ·Quoted text is as stated by the speaker.
· · · · · IOWA ATTORNEY GENERAL'S OFFICE 16
17· · · · 1305 East Walnut Street, Second Floor
· · · · · Des Moines, Iowa 50319 17
18 18
19· ·The Witness (via Zoom): 19
· · · · · DARIAN COOPER 20
20
21· ·Videographer (via Zoom): 21
· · · · · AMY COOPER 22
22· · · · FIDELITY VIDEO SERVICES, INC. 23
23 24
24
25 25
Page 3 Page 5
·1· · · · · · A P P E A R A N C E S (continued) ·1· · · · · · · · ·P R O C E E D I N G S
·3· ·March 23rd, 2022, and the approximate time is
·3· · · · JONATHAN PARKER, Plaintiff
· · · · · MARCEL JOLY, Plaintiff ·4· ·9:04 a.m., Central Time.· This begins the video
·4· · · · SAM BRINCKS, University representative ·5· ·deposition of Darian Cooper requested by the defense
· · · · · KIRK FERENTZ, University representative ·6· ·in the matter of Akrum Wadley, et al., plaintiffs,
·5· · · · CHRISTOPHER DOYLE, Defendant ·7· ·versus University of Iowa, et al., defendants, in
· · · · · AUDRA DRISH, Attorney General's Office
·8· ·the United States District Court for the Southern
·6· · · · EMMA WEINBERG, Solomon Simmons Law
·9· ·District of Iowa, Central Division, Case
·7
·8
10· ·No. 420-cv-366.· This deposition is being held via
·9 11· ·Zoom videoconference in remote locations.
10 12· · · · · · ·My name is Amy Cooper, certified legal
11 13· ·videographer of Fidelity Video Services,
13
15· · · · · · ·Counsel will please identify themselves
14
15
16· ·for the record.
16 17· · · · · · ·MR. STONE:· Roger Stone for Brian Ferentz
17 18· ·and the University of Iowa.
18 19· · · · · · ·MR. DENNIE:· Christian Dennie.· I'll be
19 20· ·defending today on behalf of Darian Cooper.
20
21· · · · · · ·THE VIDEOGRAPHER:· The oath will now be
21
22
24 24· ·Iowa.
25 25

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·1· · · · · · · · · · · DARIAN COOPER, ·1· ·question that you've heard and understand.· If you
·2· ·a Plaintiff, being first duly sworn by the certified ·2· ·don't hear my question or if you want me to clarify
·3· ·shorthand reporter, testified under oath as follows: ·3· ·it or you find it confusing for some reason, will
·4· · · · · · ·MR. DENNIE:· Counsel, before we get ·4· ·you stop me and ask me to repeat it or clarify it,
·5· ·started, a couple of things I just want to get on ·5· ·sir?
·6· ·the record.· One, we want to read and sign.· So send ·6· · · · A.· ·I will.
·7· ·me a copy of the deposition transcript. ·7· · · · Q.· ·I'm going to assume that if you answer a
·8· · · · · · ·Secondly, I do have to teach at SMU ·8· ·question, it's to a question that you both heard and
·9· ·tonight.· So depending on how long you go -- I know ·9· ·understood.· Is that a fair assumption for today's
10· ·in your email you intend -- intend for this 10· ·proceedings?
11· ·deposition to be a little shorter than yesterday, 11· · · · A.· ·Yes.
12· ·but if it does go the same length, one of my 12· · · · Q.· ·If you want to take a break, you may
13· ·co-counsel will take over the representation for 13· ·certainly request a break.· All I ask is that you
14· ·defending the deposition today.· Just wanted to make 14· ·finish the answer before you take a break.· Is that
15· ·you aware of that. 15· ·a fair rule?
16· · · · · · ·And then, finally, because there's likely 16· · · · A.· ·Yes.
17· ·going to be a lot of depositions in this case, we 17· · · · Q.· ·Do you have any health issues or
18· ·would request and think it's best and efficient 18· ·medication issues that make it difficult for you to
19· ·order if we number deposition exhibits consecutively 19· ·give full and complete and truthful answers today?
20· ·and use those numbers throughout all depositions. 20· · · · A.· ·No.
21· ·Can we make that agreement? 21· · · · Q.· ·You were here for yesterday's proceedings,
22· · · · · · ·MR. STONE:· Well, we've certainly numbered 22· ·I believe, of the deposition of Mr. Aaron Mends.
23· ·the first two consecutively, and that's our intent. 23· ·Did you watch the entire proceeding?
24· ·We're not using all the exhibits we may have marked. 24· · · · A.· ·No.
25· ·But we do -- we started with, I think, 18 on his 25· · · · Q.· ·You did not?· I'm sorry.· I just didn't
Page 7 Page 9
·1· ·numbers.· So I think that works the best, to number ·1· ·hear.· You didn't -- you didn't watch the whole
·2· ·them all consecutively and go forward from there, ·2· ·thing?
·3· ·until we create a problem for ourselves. ·3· · · · A.· ·No, I did not.
·4· · · · · · ·MR. DENNIE:· Okay.· Fair enough. ·4· · · · Q.· ·Okay.· Did you watch a couple hours of it?
·5· · · · · · · · · · · ·EXAMINATION ·5· · · · A.· ·Yes.
·6· ·BY MR. STONE: ·6· · · · Q.· ·What have you done to prepare for today's
·7· · · · Q.· ·Mr. Cooper, good morning.· My name is ·7· ·deposition?· Did you review the first amended
·8· ·Roger Stone.· I'll be asking most of the questions ·8· ·complaint?
·9· ·to you this morning and this afternoon.· Others may ·9· · · · A.· ·Yes, I did.· As well as consult with
10· ·have some questions for you also. 10· ·counsel.
11· · · · · · ·Please state your full name for the 11· · · · Q.· ·Okay.· I'm not asking you about what you
12· ·record. 12· ·consulted with your counsel.· Did you review
13· · · · A.· ·Darian Alexander Cooper. 13· ·interrogatory answers?
14· · · · Q.· ·Where do you reside, Mr. Cooper? 14· · · · A.· ·Yes.
15· · · · A.· ·Laurel, Maryland. 15· · · · Q.· ·Did you review any interrogatory answers
16· · · · Q.· ·Are you there now in Laurel, Maryland? 16· ·besides your own?
17· · · · A.· ·I am. 17· · · · A.· ·No.
18· · · · Q.· ·Have you -- can you give me your address 18· · · · Q.· ·Did you review any documents other than
19· ·also in Laurel, Maryland. 19· ·what you've already told me?
20· · · · A.· ·9170 Stebbing Way, Apartment L, Laurel, 20· · · · A.· ·No.
21· ·Maryland. 21· · · · Q.· ·What else did you do to prepare for
22· · · · Q.· ·Thank you.· Have you had your deposition 22· ·today's deposition besides what you've told me and
23· ·taken before? 23· ·talk with your lawyers?
24· · · · A.· ·No. 24· · · · A.· ·There was no further preparation.
25· · · · Q.· ·During this process you're entitled to a 25· · · · Q.· ·Other than your lawyers, have you talked

Doyle Appx. 219
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·1· ·with anyone outside the presence of your lawyers in ·1· · · · Q.· ·Do you recall what other coaches were
·2· ·order to prepare for today's deposition? ·2· ·involved in your recruiting?
·3· · · · A.· ·No. ·3· · · · A.· ·Coach Wilson.· I met Coach Ferentz, Kirk
·4· · · · Q.· ·Is there any reason known to you, as you ·4· ·Ferentz, Coach Doyle on my recruiting visit, several
·5· ·sit here, that you're unable to give full and ·5· ·other members of the coaching staff as well.
·6· ·complete and truthful answers today to the questions ·6· · · · Q.· ·Did you redshirt your first year in 2011
·7· ·I ask? ·7· ·when you arrived at Iowa?
·8· · · · A.· ·No. ·8· · · · A.· ·That is correct.
·9· · · · Q.· ·Is anyone present with you in the room ·9· · · · Q.· ·And then in 2012 that was the first year
10· ·that you're in? 10· ·in which you actually played or participated in
11· · · · A.· ·No. 11· ·games?
12· · · · Q.· ·Are you in communication with anyone? 12· · · · A.· ·Correct.
13· · · · A.· ·No. 13· · · · Q.· ·Did you start two games in the year 2012?
14· · · · Q.· ·If during this process someone tries to 14· ·Do you remember?
15· ·communicate with you other than your lawyers, I'll 15· · · · A.· ·It's possible.
16· ·ask that you notify me and tell me who's trying to 16· · · · Q.· ·Describe your playing time, as you recall
17· ·communicate with you.· Will you do that, sir? 17· ·it, in the year 2012.
18· · · · A.· ·Yes. 18· · · · A.· ·I was able to contribute.· That's -- my
19· · · · Q.· ·Do you have just the one computer in your 19· ·number was called to play, and I accomplished that
20· ·room that you're currently on Zoom with us? 20· ·task.· I see below that it does have a few stats
21· · · · A.· ·Yes. 21· ·listed.· So I take those as accurate.
22· · · · Q.· ·Do you have any other phones or iPads or 22· · · · Q.· ·Where were you on the depth chart,
23· ·any other methods of communication that you have 23· ·Mr. Cooper?
24· ·available to you that you intend to use today? 24· · · · A.· ·For two games it seems as though I
25· · · · A.· ·My phone. 25· ·started, and for the other games I more than likely
Page 11 Page 13
·1· · · · Q.· ·Are there any documents before you or ·1· ·rotated in.
·2· ·notes available to you as you answer these ·2· · · · Q.· ·What position did you play?
·3· ·questions?· Do you have any notes or documents in ·3· · · · A.· ·Defensive tackle.
·4· ·front of you? ·4· · · · Q.· ·Were you injured in your first year that
·5· · · · A.· ·No notes, no documents. ·5· ·you played in 2012?
·6· · · · Q.· ·I want to start with questions about your ·6· · · · A.· ·In 2012?· I did receive an -- I did
·7· ·career at Iowa, Mr. Cooper, and I'm going to share a ·7· ·receive an injury in 2012 after the football season
·8· ·screen and Exhibit 18.· Just a second here. ·8· ·concluded.
·9· · · · · · ·Do you have before you on your screen a ·9· · · · Q.· ·Was it related to training for football or
10· ·document that has a title "Iowa's Darian Cooper sets 10· ·related to something else?
11· ·example in perseverance"? 11· · · · A.· ·Related to training for football.
12· · · · A.· ·Pardon me.· Was there a question? 12· · · · Q.· ·What did you injure after the 2012 season?
13· · · · Q.· ·I just wondered if you had before you the 13· · · · A.· ·After the 2012 season?· I suffered a
14· ·document, Exhibit 18, that has your picture and a 14· ·meniscus tear.· And that meniscus tear, due to lack
15· ·title of "Iowa's Darian Cooper sets example in 15· ·of treatment, escalated into several other injuries,
16· ·perseverance."· Do you have it before you? 16· ·which escalated into two microfracture knee
17· · · · A.· ·I see it. 17· ·surgeries, which saw me in -- in a wheelchair for
18· · · · Q.· ·Did you come to Iowa in the year 2011? 18· ·three months, so almost a quarter of the year.
19· ·Was that your first year at Iowa? 19· · · · Q.· ·The first injury you suffered after the
20· · · · A.· ·Correct. 20· ·2012 season while you were practicing or training
21· · · · Q.· ·Who primarily recruited you? 21· ·for football, what was that injury, sir?
22· · · · A.· ·My primary recruiter was Reese Morgan.· He 22· · · · A.· ·A displaced patella tendon.
23· ·came to the University and saw me in person, but I 23· · · · Q.· ·Did that have anything to do with the
24· ·also had conversations with several other coaches 24· ·later meniscus injury that you suffered, if you
25· ·throughout my recruiting process. 25· ·know?

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·1· · · · A.· ·No correlation. ·1· ·injury to your meniscus, if you recall?
·2· · · · Q.· ·How long did the patella injury take to ·2· · · · A.· ·I don't recall before what game -- what
·3· ·heal before you were back to what you would consider ·3· ·game exactly.· I recall that I played a full game
·4· ·normal? ·4· ·the day before surgery.
·5· · · · A.· ·I trained with the displaced patella ·5· · · · Q.· ·Well, let's see if we can determine when
·6· ·throughout the remainder of the summer.· Once it was ·6· ·it was that you were injured, to the best of your
·7· ·established that the patella was displaced, a doctor ·7· ·recollection.· It -- was it during the bye week of
·8· ·walked into the office, walked actually onto the ·8· ·this 2013 season?
·9· ·field.· He looked at my knee, rubbed it, told me ·9· · · · A.· ·Yes.
10· ·I'll be good by spring ball, and that was the extent 10· · · · Q.· ·And did you miss a game following your
11· ·to my medical examination. 11· ·injury, or did you play in the next game?
12· · · · Q.· ·And what spring ball were you then 12· · · · A.· ·I played.· I continued to play.
13· ·prepared for, or what spring ball would you then 13· · · · Q.· ·And do you recall --
14· ·participate in? 14· · · · A.· ·(Inaudible) and to practice.
15· · · · A.· ·I participated in the following spring 15· · · · Q.· ·Do you recall --
16· ·ball. 16· · · · · · ·REPORTER:· I'm sorry.· I didn't hear that
17· · · · Q.· ·And what year was that, sir? 17· ·answer.
18· · · · A.· ·I want to say that was the spring ball 18· · · · A.· ·I continued to prepare, practice -- to
19· ·headed into the 2013 season. 19· ·prepare and to practice.
20· · · · Q.· ·Okay.· This Exhibit 18 in the fifth 20· · · · Q.· ·(By Mr. Stone)· Do you recall the next
21· ·paragraph -- and you can take time to look at it, if 21· ·competitive game that you played in?· What team did
22· ·you'd like, but it says that as a sophomore in 2013, 22· ·you play?· Do you recall?
23· ·you played in all 13 games, and you earned a key 23· · · · A.· ·I do not recall.
24· ·sack at Iowa State and was in a heavy rotation.· Is 24· · · · Q.· ·Did you play in a second game also with
25· ·that consistent with your recollection? 25· ·your meniscus tear, or was it just one game that you
Page 15 Page 17
·1· · · · A.· ·Correct. ·1· ·were playing in after your meniscus tear?
·2· · · · Q.· ·Did you suffer a meniscus injury in the ·2· · · · A.· ·I don't recall how many games I played in
·3· ·year 2013? ·3· ·with the meniscus tear, only that I did play with
·4· · · · A.· ·That is correct. ·4· ·the torn meniscus up until the day before I had
·5· · · · Q.· ·Do you know when in 2013 you suffered your ·5· ·surgery.
·6· ·meniscus injury? ·6· · · · Q.· ·Did you see a doctor or anyone on the
·7· · · · A.· ·It was towards our first bowl -- not our ·7· ·medical staff at the time of your injury when you
·8· ·first -- it was towards our first bye week. I ·8· ·were hit in the back of the foot?
·9· ·remember practicing.· My foot was planted.· A player ·9· · · · A.· ·I sought immediate attention from an
10· ·ran, hit me in the back of my heel while my foot was 10· ·athletic trainer by the name of Barney.· Barney
11· ·planted, causing that tear of the meniscus. 11· ·inspected my knee, told me that I was okay to
12· · · · · · ·It went undoc -- it went untreated for a 12· ·continue to practice.· Then I continued to practice
13· ·while, until the point in which I could no longer 13· ·under the guidance of our athletic trainer.
14· ·run.· And I remember reaching out to the training 14· · · · · · ·MR. DENNIE:· Counsel, are we still using
15· ·staff and telling them that I could no longer run. 15· ·this deposition exhibit?
16· ·And from there Coach Ferentz, he placed an arm 16· · · · · · ·MR. STONE:· I can take it down.· If I need
17· ·around me and informed me that he would give me some 17· ·it again, I'll use it.
18· ·medicine for my knee.· And he -- he placed his arm 18· · · · Q.· ·(By Mr. Stone)· When did you first see a
19· ·around my shoulder.· He told me, you know, 19· ·physician, Mr. Cooper?
20· ·everything would be okay.· They walked me, and they 20· · · · A.· ·I do not recall.
21· ·started to make adjustments, after several weeks of 21· · · · Q.· ·Was it during the 2013 season?· Did you
22· ·playing while injured and in not receiving the 22· ·see any physician?
23· ·attention or the MRIs.· They proceeded to continue 23· · · · A.· ·It was -- I think that's fairly accurate.
24· ·to have me play injured. 24· · · · Q.· ·Who did you first see as a physician for
25· · · · Q.· ·Before what game did you first suffer an 25· ·treatment of your meniscus.

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·1· · · · A.· ·I believe -- it's possible that it was ·1· · · · Q.· ·What doctors performed those three
·2· ·Dr. Amendola.· I believe Dr. Wolf was the new doctor ·2· ·surgeries?
·3· ·who performed my -- my surgery on my -- or my two ·3· · · · A.· ·I can't recall all the doctors' names.
·4· ·microfracture knee surgeries.· There was a ·4· · · · · · ·(Mr. Reggie Spearman entered the
·5· ·transitional period between doctors at some point. ·5· ·deposition.)
·6· · · · Q.· ·Where did you see Dr. Amendola, if you can ·6· · · · Q.· ·(By Mr. Stone)· Did Dr. Amendola perform
·7· ·recall? ·7· ·the first one, if you recall?
·8· · · · A.· ·Where did he perform -- excuse me.· Could ·8· · · · A.· ·Dr. Amendola performed my first meniscus
·9· ·you rephrase the question or could you further ·9· ·surgery at the University of Iowa.
10· ·explain? 10· · · · Q.· ·Was your second surgery -- let me stop for
11· · · · Q.· ·Did you go to University hospitals to see 11· ·a second.
12· ·Dr. Amendola?· Did you see him in the football 12· · · · · · ·MR. STONE:· There's a person who's logged
13· ·building?· Do you recall where you saw him for your 13· ·in, Mr. Speaman.· Is that Mr. Spearman?
14· ·first treatment? 14· · · · · · ·MR. SPEARMAN:· Yes.
15· · · · A.· ·I've seen Dr. Amendola in both the 15· · · · · · ·MR. STONE:· It's my understanding that
16· ·football complex as well as at the hospital where he 16· ·he's not a plaintiff.
17· ·performed the surgery. 17· · · · · · ·MR. DENNIE:· Reggie, you're going to have
18· · · · Q.· ·About how many times did you see 18· ·to log out.· We'll get in touch with you here in a
19· ·Dr. Amendola with respect to your meniscus? 19· ·little bit.
20· · · · A.· ·I can't recall.· Doctors came in on a 20· · · · · · ·MR. SPEARMAN:· Okay.
21· ·pretty frequent -- well, I wouldn't even say 21· · · · · · ·(Mr. Reggie Spearman exited the
22· ·frequent.· They did have a cadence in which they 22· ·deposition.)
23· ·would arrive. 23· · · · · · ·MR. STONE:· Do you have other participants
24· · · · Q.· ·Can you estimate for me how many times you 24· ·this morning, to your knowledge, who are not
25· ·saw Dr. Amendola before your first surgery on your 25· ·plaintiffs?
Page 19 Page 21
·1· ·meniscus? ·1· · · · · · ·MR. DENNIE:· Is that a question for me?
·2· · · · · · ·MR. DENNIE:· Objection.· Asked and ·2· · · · · · ·MR. STONE:· Yes.
·3· ·answered. ·3· · · · · · ·MR. DENNIE:· I don't see anyone on the
·4· · · · Q.· ·(By Mr. Stone)· You may still answer the ·4· ·screen that's not a plaintiff.· Most of the people
·5· ·question, Mr. Cooper. ·5· ·on here are from your side.
·6· · · · A.· ·I don't know. ·6· · · · Q.· ·(By Mr. Stone)· Mr. Spearman, do you know
·7· · · · Q.· ·Do you know whether it was in 2013? ·7· ·who performed your second surgery?· Was that also
·8· · · · · · ·MR. DENNIE:· Objection.· Asked and ·8· ·Dr. Amendola?
·9· ·answered.· We're asking the same questions over and ·9· · · · A.· ·You addressed Mr. Spearman?
10· ·over again, like yesterday.· Let's move along. 10· · · · Q.· ·I'm sorry.· If I did, I apologize,
11· · · · Q.· ·(By Mr. Stone)· You may answer the 11· ·Mr. Cooper.
12· ·question, Mr. Cooper. 12· · · · · · ·Did you have a second surgery by
13· · · · A.· ·I don't know. 13· ·Dr. Amendola?
14· · · · Q.· ·Do you know when your surgery was? 14· · · · A.· ·Not that I can recall.
15· · · · A.· ·It was following the final -- the final 15· · · · Q.· ·The Exhibit 18 we were looking at talked
16· ·game of that season, the final regular season game. 16· ·about a surgery in August of 2014.· Do you recall
17· ·And that fell on a Sat- -- the game fell on a 17· ·that you had a second surgery in August of 2014?
18· ·Friday, and my surgery took place on a Saturday -- 18· · · · · · ·MR. DENNIE:· Can you bring that exhibit up
19· ·on the following Saturday. 19· ·so we can see it, please.
20· · · · Q.· ·Was that a Nebraska game before -- or 20· · · · Q.· ·(By Mr. Stone)· In the seventh paragraph
21· ·right after Thanksgiving? 21· ·from where the text starts, it says, "He worked in
22· · · · A.· ·I believe so. 22· ·subsequent spring drills, but never felt right.· He
23· · · · Q.· ·How many surgeries have you had on your 23· ·had surgery in August 2014 and was out for the
24· ·meniscus, Mr. Cooper? 24· ·season."· Is that consistent with your recollection,
25· · · · A.· ·Three. 25· ·Mr. Cooper?

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·1· · · · A.· ·Correct. ·1· · · · Q.· ·Did you participate in spring practice in
·2· · · · Q.· ·And then for three months after the ·2· ·2014 in the spring?
·3· ·surgery, you couldn't bear any weight on your legs, ·3· · · · A.· ·I believe so.· I can't recall all the
·4· ·and you rode a scooter around campus.· Is that ·4· ·practices.
·5· ·consistent with your recollection? ·5· · · · · · ·MR. DENNIE:· Counsel, are we done with
·6· · · · A.· ·That is correct. ·6· ·this exhibit?
·7· · · · Q.· ·So following the surgery that you had in ·7· · · · · · ·MR. STONE:· No.· If you'd like me to take
·8· ·2013 after Thanksgiving with Dr. Amendola, did you ·8· ·it down, I can take it down and put it back up.
·9· ·participate in spring ball in 2014, if you know? ·9· · · · · · ·MR. DENNIE:· I mean, if you're not asking
10· · · · A.· ·Not that I can recall. 10· ·questions from it, it would be better if we could
11· · · · Q.· ·That same paragraph, Mr. Cooper, says, 11· ·take it down, rather than leaving it up with small
12· ·"Cooper played through significant knee pain that 12· ·windows of people.
13· ·year and recorded a tackle in the 2014 Outback 13· · · · Q.· ·(By Mr. Stone)· Did you reinjure your knee
14· ·Bowl."· Is that consistent with your recollection? 14· ·or your meniscus, Mr. Cooper, in the spring of 2014
15· · · · A.· ·That is correct. 15· ·that led to the second surgery that you had?
16· · · · Q.· ·The Outback Bowl is a January 1st bowl; is 16· · · · A.· ·I didn't -- my meniscus was removed.· So
17· ·that correct? 17· ·it wasn't an issue of reinjuring it.· It became to
18· · · · A.· ·I don't recall if it was a January 1st 18· ·the point in which there was bone-on-bone damage due
19· ·bowl but ... 19· ·to the lack of meniscus, which acts as a cushion
20· · · · Q.· ·It was at the end of the season after the 20· ·from your -- from your knee -- it acts as a cushion,
21· ·Nebraska game? 21· ·essentially, like the shock absorbers for your knee.
22· · · · A.· ·That is correct. 22· ·And due to, again, prolonged playing on that knee in
23· · · · Q.· ·And you had surgery on a Saturday 23· ·training after having that meniscus removed, it grew
24· ·following the Nebraska game and then participated in 24· ·into a bigger issue, which caused me to need
25· ·the Outback Bowl.· Is that your recollection, sir? 25· ·microfracture knee surgery.
Page 23 Page 25
·1· · · · A.· ·That is correct. ·1· · · · Q.· ·Do you recall what doctor performed the
·2· · · · Q.· ·What was the surgery that Dr. Amendola ·2· ·surgery that you underwent in August of 2014?
·3· ·performed on the Saturday following the Nebraska ·3· · · · A.· ·I believe that was Dr. Wolf.
·4· ·football game, if you know? ·4· · · · Q.· ·And then you said you had a third surgery.
·5· · · · A.· ·He removed my meniscus.· And upon removing ·5· ·Was that done in Iowa City, or was that done
·6· ·the meniscus, when I woke up, he rubbed my knee and ·6· ·elsewhere?
·7· ·told me that this was much worse than he expected. ·7· · · · A.· ·That was done in Iowa City.
·8· · · · Q.· ·And were you cleared to go back to ·8· · · · Q.· ·Who did the third surgery?
·9· ·participation in the football program by ·9· · · · A.· ·I believe Dr. Wolf did the third -- did
10· ·Dr. Amendola before the Outback Bowl? 10· ·the -- the other knee for the -- the other
11· · · · A.· ·Yes.· I rehabbed for a few weeks.· Then I 11· ·microfracture knee surgery.
12· ·played in the bowl game. 12· · · · Q.· ·So the first surgery that Dr. Wolf
13· · · · Q.· ·Did you have difficulties with your knee 13· ·performed was in about August of 2014?
14· ·when you played in the Outback Bowl? 14· · · · A.· ·Possibly.
15· · · · A.· ·I did.· I started noticing more 15· · · · Q.· ·And was that on the same knee where you
16· ·difficulties just in day-to-day life.· I remember 16· ·had had your meniscus removed?
17· ·riding a roller coaster for one of the team events, 17· · · · A.· ·That's correct.
18· ·and the way that the roller coaster would kind of 18· · · · Q.· ·What knee was that, sir?
19· ·jerk around, it really irritated my knee.· I had to 19· · · · A.· ·In order, I believe he worked on the right
20· ·cut the trip short, because I knew that I still had 20· ·knee first.· I wound up having both knees done so --
21· ·to prepare for the game.· So -- yeah. 21· ·at some point.
22· · · · Q.· ·And then following the Outback Bowl, did 22· · · · Q.· ·And the surgery that Dr. Wolf performed in
23· ·you train that winter in Iowa City leading up to 23· ·August of '14 was a microfracture surgery?
24· ·spring practice? 24· · · · A.· ·Dr. Wolf did perform my microfracture knee
25· · · · A.· ·I don't recall.· I believe so. 25· ·surgeries.

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·1· · · · Q.· ·And you believe it was first on your right ·1· · · · Q.· ·Did you have a belief yourself that you
·2· ·knee and then on your -- the second microfracture ·2· ·shouldn't be practicing on your knee?
·3· ·surgery was on your left knee? ·3· · · · A.· ·I believed what the training staff told
·4· · · · A.· ·I don't recall which knee was done first, ·4· ·me.· I believed that I was cleared to play.· It
·5· ·but both knees were done. ·5· ·wasn't -- they did a preliminary check.· They told
·6· · · · Q.· ·Were you required to practice at any time ·6· ·me that my meniscus was fine, that I was okay, and I
·7· ·when you were not cleared by the medical staff at ·7· ·continued to practice until I told them that I could
·8· ·Iowa? ·8· ·no longer run.
·9· · · · A.· ·I practice -- yes.· I continued to ·9· · · · Q.· ·Did you play in the Nebraska game?
10· ·practice.· Practices -- they would change in some 10· · · · A.· ·Yes, I did.
11· ·formats.· Maybe I wouldn't have to do as many drills 11· · · · Q.· ·Did you start, if you know, if you can
12· ·or -- but I continued to practice. 12· ·recall?
13· · · · Q.· ·In 2013, when you first injured your 13· · · · A.· ·I did not start in the Nebraska game, but
14· ·meniscus and saw the training staff person named 14· ·I played a significant amount.
15· ·Barney for attention to your meniscus, when's the 15· · · · Q.· ·Were you able to run in the Nebraska game?
16· ·first time you saw a physician or doctor with 16· · · · A.· ·No.· I was playing on one leg.
17· ·respect to your knee? 17· · · · Q.· ·Were you able to finish the game, or did
18· · · · A.· ·I can't recall. 18· ·you get taken out because of your injury, or did you
19· · · · Q.· ·Do you recall approximately how many weeks 19· ·ask to be taken out because of your injury in the
20· ·you had seen Dr. Amendola before you had your 20· ·Nebraska game?
21· ·surgery following Thanksgiving in 2013? 21· · · · A.· ·I played a significant amount in the game,
22· · · · A.· ·I don't have an approximation of how many 22· ·to the bewilderment of not only myself but my
23· ·weeks.· But I did play several weeks.· I continued 23· ·teammates as well, because it was already expressed
24· ·to practice and play up until the date before 24· ·that I had surgery the following day.
25· ·surgery. 25· · · · · · ·However, prior to the game, there were
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·1· · · · Q.· ·Other than seeing Barney on the training ·1· ·some comments that were made by coaches suggesting,
·2· ·staff, did you see any other medical provider during ·2· ·"Hey, we may need you for four or five plays.· Hey,
·3· ·those times when you were practicing leading up ·3· ·we might need you to go ahead and hop in on goal
·4· ·before your surgery? ·4· ·mine."· And I laugh because I had surgery scheduled
·5· · · · A.· ·Yes.· Russ, Doug, both of which were ·5· ·the next day.· You're not supposed to eat a few
·6· ·athletic trainers. ·6· ·hours before surgery.· So I knew I wasn't supposed
·7· · · · Q.· ·Did anyone advise you to go see a ·7· ·to play a game.· I didn't pack my bag for the game.
·8· ·physician? ·8· ·My bag was packed.· Coach Ferentz told me that they
·9· · · · A.· ·No.· The physicians came to the -- the ·9· ·would bring me to the game, you know, for moral
10· ·physicians actually come to the complex, and our -- 10· ·support, for another set of eyes.· And as soon as
11· ·as far as the medical -- as far as setting up your 11· ·Carl Davis and Louis Trinca-Pasat were injured, I
12· ·medical appointments, that was done through the 12· ·was thrust into the game.· I was pushed into the
13· ·football team.· So they scheduled whether -- they 13· ·game and played several snaps, to the bewilderment
14· ·schedule when a doctor would come in to see you, or 14· ·of myself and others, and was continued called to go
15· ·they would schedule your medical appointments as 15· ·out there.
16· ·well. 16· · · · Q.· ·Do you know how many snaps you played in
17· · · · Q.· ·Do you recall the first doctor that you 17· ·the Nebraska game, approximately?
18· ·saw in relation to your knee?· Was that 18· · · · A.· ·I do not.
19· ·Dr. Amendola? 19· · · · Q.· ·Had you seen Dr. Amendola -- prior to the
20· · · · A.· ·I don't recall. 20· ·date for the scheduled surgery, had he examined you
21· · · · Q.· ·Before the time of your surgery, did any 21· ·to determine that surgery was necessary?
22· ·physician or any member of the training staff tell 22· · · · A.· ·Yes.
23· ·you that you shouldn't be practicing or that you 23· · · · Q.· ·Do you know how many days or weeks before
24· ·weren't cleared medically to practice? 24· ·your scheduled surgery following the Nebraska game
25· · · · A.· ·Not that I can recall. 25· ·that you had seen Dr. Amendola?

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·1· · · · A.· ·No, not offhand. ·1· · · · Q.· ·Do you have any reason to believe that
·2· · · · Q.· ·Do you have a recollection that ·2· ·coaching staff didn't abide by or honor the
·3· ·Dr. Amendola had said that you shouldn't play or ·3· ·instructions or directions of Dr. Amendola with
·4· ·practice, or had he cleared you for play or ·4· ·respect to you?
·5· ·practice, or do you have any recollection before ·5· · · · · · ·MR. DENNIE:· Objection.· Form.· Calls for
·6· ·your first surgery? ·6· ·speculation.
·7· · · · · · ·MR. DENNIE:· Objection.· Form.· Compound. ·7· · · · Q.· ·(By Mr. Stone)· Well, let me reask it.· If
·8· ·Multifarious. ·8· ·you know.
·9· · · · Q.· ·(By Mr. Stone)· Do you understand the ·9· · · · · · ·MR. DENNIE:· Is that a question?
10· ·question, Mr. Cooper? 10· · · · · · ·MR. STONE:· Yeah.
11· · · · A.· ·I do not understand the question. 11· · · · Q.· ·(By Mr. Stone)· Do you understand the
12· · · · Q.· ·All right.· Let me rephrase it.· Did 12· ·question, Mr. Cooper?
13· ·Dr. Amendola clear you for play in the Nebraska game 13· · · · · · ·MR. DENNIE:· Said you'd reask it, and then
14· ·before your surgery, if you know? 14· ·you didn't ask the question, Counsel.
15· · · · A.· ·I do not know if Dr. Amendola cleared me. 15· · · · Q.· ·(By Mr. Stone)· Do you know, Mr. Cooper,
16· ·I do know what I communicated to Coach Ferentz, that 16· ·whether at any time the coaching staff did not
17· ·I would opt for surgery before the end of the 17· ·follow the instructions or the directions with
18· ·season.· Because -- I opted for it because I had 18· ·respect to your treatment during the 2013 season
19· ·played several weeks injured already.· And it was 19· ·that they may have received from Dr. Amendola?· Any
20· ·the last game of the season, and we had other people 20· ·indication of that to you?
21· ·who were able-bodied.· So I communicated that to 21· · · · · · ·MR. DENNIE:· I'm going to object to form.
22· ·Coach Ferentz that I did not want to play this game, 22· ·Again, calls for speculation.
23· ·that I would opt for surgery before the bowl game, 23· · · · Q.· ·(By Mr. Stone)· You may still answer,
24· ·and that wasn't respected. 24· ·Mr. Cooper.
25· · · · Q.· ·At any time did the coaching staff at Iowa 25· · · · · · ·MR. DENNIE:· To the extent you know what
Page 31 Page 33
·1· ·ask you to practice or participate when you were not ·1· ·he's asking.
·2· ·cleared to practice or participate by the medical ·2· · · · A.· ·Do I believe that they knew or they acted
·3· ·staff, if you know? ·3· ·again?· And this is just getting clarification for
·4· · · · A.· ·I do not know.· What I do know is that ·4· ·the question.· Would you mind repeating it one more
·5· ·people's medical conditions are communicated fairly ·5· ·time?
·6· ·well.· So ... ·6· · · · Q.· ·(By Mr. Stone)· Sure, I'll do it.· My
·7· · · · Q.· ·You mean, between the medical staff and ·7· ·question, Mr. Cooper, really goes to whether you
·8· ·the coaching staff, you believe there is good ·8· ·have information or knowledge that the coaching
·9· ·communication from Dr. Amendola and his staff to the ·9· ·staff did not abide by or honor the instructions or
10· ·coaching staff about players' conditions?· Is that 10· ·directions from Dr. Amendola about your condition or
11· ·what your testimony is? 11· ·your treatment at any time during the year 2013.
12· · · · A.· ·I would assume, yes, that there should be 12· · · · · · ·MR. DENNIE:· I'm going to again object to
13· ·a level of communication regarding the status and 13· ·form.· It calls for speculation --
14· ·the health status of players between the -- there 14· · · · A.· ·I know --
15· ·should be a status as to a player's health that's 15· · · · · · ·MR. DENNIE:· -- and likely hearsay.
16· ·communicated from the athletic trainers to the 16· · · · A.· ·I know what I saw.· I saw a difference in
17· ·coaches. 17· ·how players -- how I and other black players were
18· · · · Q.· ·Do you know whether that was in fact done 18· ·treated medically as opposed to white players. I
19· ·in your case? 19· ·know that my meniscus was torn, and I was asked to
20· · · · A.· ·I do not know. 20· ·play injured for several weeks, leading to
21· · · · Q.· ·Do you have any reason to believe that 21· ·compounding issues, as opposed to seeing white
22· ·normal procedures for that communication were not 22· ·players like Brandon Scherff tear their meniscus,
23· ·followed with respect to you in the year 2013? 23· ·have it diagnosed, almost instantaneously treated,
24· · · · A.· ·I'm sorry.· Could you restate the 24· ·and were given the opportunity to heal and not have
25· ·question. 25· ·to play prolonged periods of time.

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·1· · · · · · ·And with all due respect to Scherff, he is ·1· ·understand the question?
·2· ·an amazing athlete, amazing, but he -- but seeing ·2· · · · A.· ·Yes.
·3· ·the difference in how quickly a white player is able ·3· · · · Q.· ·Can you answer it.
·4· ·to get access to medical treatment as opposed to a ·4· · · · A.· ·Did I share -- did I share that opinion in
·5· ·black player hurt me.· It hurt me severely, because ·5· ·2013?
·6· ·I was asked to be tough.· I was asked to keep going. ·6· · · · Q.· ·Did you --
·7· ·I was -- they put their arm around my shoulder ·7· · · · A.· ·I went to the training staff and told them
·8· ·and -- "Hey, you're such a team guy.· You know, ·8· ·that I could no longer run.· I told Coach Ferentz
·9· ·thank you."· They're not asking that of white ·9· ·that I would opt for surgery before the -- I would
10· ·players. 10· ·opt for surgery as oppose -- before the bowl game as
11· · · · · · ·But to the same token, I have to 11· ·opposed to afterwards.· These were communicated.
12· ·communicate to the other younger black players, 12· ·And I played at their behest as long as I could, as
13· ·"Hey, be careful when you're dealing with the 13· ·long as I could.· I ignored the pain.· I -- I took
14· ·training staff, because 70 percent's the magic word 14· ·all the ibuprofen a person could take.· I masked it
15· ·to start practicing again.· So if you do have an 15· ·had to the best of my ability for the team, at the
16· ·injury, you have to be very cognizant of what it is 16· ·team's -- at the request of coaches.· I did that at
17· ·that they're looking for out of you, which is to 17· ·their request.
18· ·turn you over and get you back on the field as fast 18· · · · Q.· ·I want to turn your attention to 2014,
19· ·as possible, and not look at the fact that they're 19· ·Mr. Cooper.· And did you suffer another injury to
20· ·not worried about your long-term health."· They 20· ·your knee or knees in 2014 prior to your surgery in
21· ·don't care what you got to live with after you're 21· ·August of 2014?
22· ·done playing, if you're a black player.· But if 22· · · · A.· ·Yes.
23· ·you're a white guy, don't worry.· They can -- if 23· · · · Q.· ·Can you tell me about that circumstance.
24· ·you're Bo Bower, they can send you to Oklahoma to 24· · · · A.· ·One of the -- one of the factors that led
25· ·see, you know, the top groin specialist.· They can 25· ·to me figuring out that I needed to have the
Page 35 Page 37
·1· ·do that.· But if you're a black player, I'm going to ·1· ·microfracture knee surgery was the bursa sacks in my
·2· ·need to see a little more grit out of you.· I'm ·2· ·knee were being torn by the loose cartilage or -- by
·3· ·going to need a little more toughness out of you, at ·3· ·the loose cartilage from the constant pounding of
·4· ·your detriment, not the team's. ·4· ·bone on bone within my knee, and that was causing a
·5· · · · Q.· ·(By Mr. Stone)· This opinion that you ·5· ·drip onto my nerve within my knee.· I communicated
·6· ·should not have been practicing on your meniscus in ·6· ·that with the training staff, that there was a
·7· ·the spring of 2013 before your surgery, did you have ·7· ·steady pain within my knee, and that came as a
·8· ·that opinion in 2013?· Was that something that you ·8· ·result of me having to overload the knee in an
·9· ·knew at the time? ·9· ·attempt to save the other one, to salvage whatever
10· · · · · · ·MR. DENNIE:· Counsel, are you saying just 10· ·bit of the other one was left from the previous
11· ·practice, or are you including playing in games, 11· ·season.
12· ·since you-all have been talking about playing games? 12· · · · Q.· ·Let me put the Exhibit 18 back on the
13· ·I just want to be clear on what the question is. 13· ·screen, Mr. Cooper.· And in that seventh paragraph,
14· · · · · · ·MR. STONE:· Could you repeat the 14· ·it indicates that "He worked in subsequent spring
15· ·question -- reread the question, please. 15· ·drills, but never felt right."· And then you had
16· · · · · · ·MR. DENNIE:· You said "practice."· So I'm 16· ·surgery in August of 2014.· Is that the -- is that
17· ·just -- you-all have been talking about playing 17· ·your recollection, that you worked in subsequent
18· ·games.· Are you transitioning to practice or are you 18· ·spring drills, but did not feel right?
19· ·meaning games? 19· · · · A.· ·Yes.
20· · · · · · ·MR. STONE:· Could you reread the question, 20· · · · Q.· ·And is it that you did not feel right
21· ·please. 21· ·because of this bursa sack condition that you've
22· · · · · · ·(The pending question was read by the 22· ·been describing?
23· ·reporter.) 23· · · · A.· ·I didn't feel right due to compounding
24· · · · A.· ·Is this question directed towards me? 24· ·knee injuries.
25· · · · Q.· ·(By Mr. Stone)· Yes, Mr. Cooper.· Did you 25· · · · Q.· ·And then following the spring drills, you

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·1· ·had surgery in August of 2014.· Do you know why it ·1· · · · A.· ·Yes.
·2· ·was scheduled for August? ·2· · · · Q.· ·So you rehabilitated for a period of time,
·3· · · · A.· ·I can't recall as to why it was scheduled ·3· ·and then you went back in and had your second
·4· ·for August. ·4· ·microfracture repair.· And for the total time, you
·5· · · · Q.· ·Did you finish spring drills completely? ·5· ·were out for three months in a non-weight-bearing
·6· ·Did you practice in the spring and then compete in ·6· ·capacity where you used a scooter.· Is that a
·7· ·the spring game, if you recall? ·7· ·general recollection?
·8· · · · A.· ·I don't recall whether or not I competed ·8· · · · A.· ·Correct.
·9· ·in the spring game. ·9· · · · Q.· ·And obviously you weren't able to play
10· · · · Q.· ·Do you recall that you worked out and 10· ·during the year 2014; correct?· Play games.
11· ·trained over the summer until you had your surgery 11· · · · A.· ·I was not.
12· ·in August of 2014? 12· · · · Q.· ·And you didn't practice in 2014; correct?
13· · · · A.· ·I do recall working out over the summer. 13· · · · A.· ·I did not.· Well, I didn't do on-the-field
14· · · · Q.· ·Did you see any doctors or physicians in 14· ·participation.
15· ·connection with your knees leading up to your 15· · · · Q.· ·And then going into the year 2015, was
16· ·surgery in August of '14?· For example, did Dr. Wolf 16· ·that your senior year?
17· ·treat you over the summer of 2014, if you recall? 17· · · · A.· ·Yes.
18· · · · A.· ·After my knee surgery, I began working 18· · · · Q.· ·When did you get your degree, Mr. Cooper?
19· ·with the training staff.· I didn't see another 19· · · · A.· ·I want to say I graduated in the spring.
20· ·doctor until after -- until the -- well, until it 20· · · · Q.· ·The spring of 2016?
21· ·was -- the discussions about having surgery were -- 21· · · · A.· ·That sounds about right.· It's possible.
22· ·began. 22· · · · Q.· ·Following the 2015 football season, then
23· · · · Q.· ·And do you know when you would have seen 23· ·you finished your degree and graduated in about --
24· ·Dr. Wolf to begin to talk about whether or not you 24· ·sometime in the spring of 2016 is your recollection?
25· ·needed an additional surgery and ultimately to have 25· · · · A.· ·Correct.
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·1· ·it scheduled? ·1· · · · Q.· ·Did you practice in the spring ball of
·2· · · · A.· ·I don't recall. ·2· ·2015?· Do you recall?
·3· · · · Q.· ·You do recall it was Dr. Wolf that you saw ·3· · · · A.· ·I do not recall.
·4· ·in the summer of '14 leading up to your surgery? ·4· · · · Q.· ·Did you rejoin the team to start to
·5· · · · A.· ·I recall that Dr. Wolf performed my ·5· ·practice and potentially play in the late summer,
·6· ·microfracture knee surgeries. ·6· ·early fall of 2015?
·7· · · · Q.· ·And then when was the third surgery ·7· · · · A.· ·That is correct.
·8· ·(inaudible)? ·8· · · · Q.· ·Did you expect you would be able to play
·9· · · · · · ·REPORTER:· I'm sorry.· You said, "And then ·9· ·in 2015 when you started that practice?
10· ·when was the third surgery ..." 10· · · · A.· ·Did I expect that I would be able to play?
11· · · · Q.· ·(By Mr. Stone)· Yes.· Let me repeat the 11· ·I expected to contribute --
12· ·question.· Do you recall when your third surgery 12· · · · Q.· ·And --
13· ·was, Mr. Cooper? 13· · · · A.· ·-- in one form or capacity.
14· · · · A.· ·No, not offhand.· There was a time period 14· · · · Q.· ·-- it's correct that you did get in on
15· ·between surgeries, because I wasn't able to walk 15· ·senior day at the end of the season at Iowa at the
16· ·after the first microfracture knee surgery. 16· ·home game for one play; correct?
17· · · · Q.· ·Is it fair to say that you were using a 17· · · · A.· ·Correct.
18· ·scooter or wheelchair for approximately three months 18· · · · Q.· ·Why don't you tell me about that
19· ·following your August 2014 surgery? 19· ·experience, Mr. Cooper.· What happened?
20· · · · A.· ·That's accurate.· I was non-weight-bearing 20· · · · A.· ·Just as stated.· I was able to get in for
21· ·on either knee for six weeks at a time. 21· ·one play.
22· · · · Q.· ·Do you know whether the second -- or 22· · · · Q.· ·Who asked you to go in?
23· ·excuse me -- the third surgery, which was the second 23· · · · A.· ·Coach Morgan.· Coach Reese Morgan asked me
24· ·microsurgery -- do you recall it was fairly close in 24· ·to go in.
25· ·time to your second surgery? 25· · · · Q.· ·Were you pleased to get an opportunity to

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·1· ·go in for that play? ·1· ·see me in the game plan.
·2· · · · A.· ·I can't say that I was pleased.· No. I ·2· · · · · · ·MR. DENNIE:· Counsel, we've been going
·3· ·understood what the sentiment was, but I wasn't ·3· ·about an hour.· Is this a good time to take a break?
·4· ·pleased. ·4· · · · · · ·MR. STONE:· Yeah, we can take a break.
·5· · · · Q.· ·Had you been able to achieve a level of ·5· · · · · · ·THE VIDEOGRAPHER:· Off the record at
·6· ·performance in the fall of 2015 that you thought you ·6· ·10:06 a.m.
·7· ·were able to go back into games and play and ·7· · · · · · ·(A brief recess was taken.)
·8· ·participate, or were you still injured and really ·8· · · · · · ·THE VIDEOGRAPHER:· On the record at
·9· ·not up to your ability, Mr. Cooper? ·9· ·10:20 a.m.
10· · · · A.· ·I was recovering.· I think at that time 10· · · · Q.· ·(By Mr. Stone)· Mr. Cooper, you indicated
11· ·there -- I was able to perform to a level in which I 11· ·that you graduated in the spring of 2016.· Do you
12· ·thought that I could contribute in some form or 12· ·know about when you finished your college career at
13· ·fashion, but I found a form or fashion in order to 13· ·Iowa?· Was it with the graduation that spring of
14· ·contribute to the team that I believed worked best 14· ·2016?
15· ·for me at the time, and that was beginning to be 15· · · · A.· ·That's correct.
16· ·more of another pair of eyes and to begin to coach 16· · · · Q.· ·Did you then move from Iowa City in the
17· ·and -- as well as work on the scout team and really 17· ·spring of 2016?
18· ·giving, you know, other players a good look as far 18· · · · A.· ·No.
19· ·as competition. 19· · · · Q.· ·You continued to live in Iowa City for how
20· · · · Q.· ·Do you know whether you were cleared to 20· ·long?
21· ·play and participate in the Iowa football program in 21· · · · A.· ·I'd say approximately two years.
22· ·the fall of 2015? 22· · · · Q.· ·What did you do in Iowa City after
23· · · · A.· ·I'm unaware.· It wasn't clearly 23· ·graduation, Mr. Cooper?
24· ·communicated.· Well, I had to be cleared if I was on 24· · · · A.· ·I began selling cars.
25· ·the field.· At some -- at some point I was doing 25· · · · Q.· ·For whom?
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·1· ·on-the-field workouts.· Then I was transitioned to ·1· · · · A.· ·I believe the corporation is Billion
·2· ·individualized -- I was transitioned to practice. ·2· ·Automotive.
·3· · · · Q.· ·Do you know when approximately you were ·3· · · · Q.· ·Did you participate in the football
·4· ·cleared to play in the 2015 season? ·4· ·program in any way after your graduation from
·5· · · · A.· ·I do not. ·5· ·college in May of '16?
·6· · · · Q.· ·When was your last practice with the Iowa ·6· · · · A.· ·No.· I've maintained contact with a few
·7· ·football program, if you can recall? ·7· ·players that I was very familiar with, but not
·8· · · · A.· ·In preparation for the Rose Bowl. ·8· ·truly.
·9· · · · Q.· ·That would be the January 1st, 2016, Rose ·9· · · · Q.· ·You didn't have any official role or a
10· ·Bowl following the 2015 season? 10· ·student assistant role or a graduate assistant role
11· · · · A.· ·Correct. 11· ·of any kind with the program, is that true, after
12· · · · Q.· ·Did you attend the Rose Bowl? 12· ·May of '16?
13· · · · A.· ·I did. 13· · · · A.· ·That's correct.
14· · · · Q.· ·Did you play in the Rose Bowl? 14· · · · Q.· ·Was there any day in 2016 after the Rose
15· · · · A.· ·I believe that I went in on the last play 15· ·Bowl when you thought you were still a member of the
16· ·on defense. 16· ·Iowa football team, or did the Rose Bowl end your
17· · · · Q.· ·Did you play in the Big 10 championship 17· ·participation in the Iowa football program for your
18· ·game in 2015? 18· ·career?
19· · · · A.· ·I don't believe so. 19· · · · · · ·MR. DENNIE:· Objection.· Form.· Compound.
20· · · · Q.· ·Did you attend that game, and did you 20· ·Multifarious.
21· ·dress in order to be available to play at the Big 10 21· · · · Q.· ·(By Mr. Stone)· Do you understand the
22· ·championship? 22· ·question, Mr. Cooper?
23· · · · A.· ·I attended the game, and as far as 23· · · · A.· ·Shortly after my time after the Rose Bowl,
24· ·availability, I was out there as a pseudo coach. I 24· ·I stopped coming to the football complex.· I -- I
25· ·didn't prepare with the -- the preparation didn't 25· ·didn't feel welcome anymore, in truth.· I was -- I

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·1· ·had already been used.· I was already injured. I ·1· ·other and tell each other how to operate and
·2· ·had -- I knew that I had nothing left to give. I ·2· ·navigate that environment.· We -- we know what Doyle
·3· ·was burnt out.· The -- my knees were destroyed. I ·3· ·is doing.· We understand that Doyle reports directly
·4· ·wanted to get as far as away from that football ·4· ·to Kirk Ferentz.· We understand the dynamic, that if
·5· ·complex and the coaches -- not so much my teammates, ·5· ·Doyle wants to make your life short, if he says that
·6· ·but just the coaching and the coaching staff as ·6· ·you're not an Iowa guy -- right? -- if he determines
·7· ·possible.· The energy that was in there, I -- the ·7· ·that he wants to send you back to wherever you came
·8· ·"Iowa way" burnt me out.· I was completely done with ·8· ·from as a black player, if he tells you that black
·9· ·it.· I didn't want to be around that anymore.· And ·9· ·players don't play hockey, things that -- things
10· ·if that was what football was going to be, being in 10· ·that he would never say to you out of the comfort of
11· ·that sort of environment, I was done with it. 11· ·that building -- right? -- he gets to call you a
12· · · · Q.· ·So can you tell me about how many days 12· ·nigger in that building.· Excuse my language.· He
13· ·after the Rose Bowl you would say that you completed 13· ·gets to call you -- say these things to you that we
14· ·your participation in the Iowa football program? 14· ·would sit back and say, "He would never say that to
15· · · · A.· ·I don't know. 15· ·us if it wasn't in the comfort of this complex."· We
16· · · · Q.· ·Was it a matter of a week or weeks after 16· ·got to deal with that in there.
17· ·the Rose Bowl of January 1st, 2016, that you were 17· · · · Q.· ·After you were injured, did the coaches
18· ·finished and done with the Iowa football program? 18· ·express to you that they would like you to come back
19· ·Is that a fair statement? 19· ·and that they wanted you to be part of the team,
20· · · · A.· ·It was some period of time, so much so 20· ·even if you couldn't participate in the program?
21· ·that I didn't even go to pick up my Rose Bowl ring. 21· · · · A.· ·I don't recall.
22· ·Somebody brought it to me. 22· · · · Q.· ·Did you ever say that you really
23· · · · Q.· ·Did you ever state that you thought the 23· ·appreciated that the coaches had been willing to
24· ·coaches and teammates had really stood by you? 24· ·welcome you back and include you and make you part
25· · · · A.· ·I did have teammates who really did 25· ·of the team?
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·1· ·support and stand by me. ·1· · · · A.· ·I shouldn't have to appreciate or have the
·2· · · · Q.· ·Did you think the coaches also, as well as ·2· ·need to feel welcomed back, when I didn't leave on
·3· ·your teammates, had stood by you? ·3· ·bad terms.· I was injured.· I played injured for the
·4· · · · A.· ·When I reflect, I don't believe that the ·4· ·team.· At no point in time did I do something to be
·5· ·coaches really did stand by me.· I don't believe at ·5· ·removed from the team or leave in bad graces.· I did
·6· ·one point in time there were -- there was a coach ·6· ·all that was required, all that was asked of me and
·7· ·who saw what I was going through and made an effort ·7· ·then some, more than what was asked of other
·8· ·to do what was -- what was best for me. ·8· ·players, especially white players, and playing
·9· · · · · · ·The most redeeming thing I've ever heard ·9· ·injured and continuing to fight through injuries for
10· ·from one of the coaches, after my injuries began, 10· ·the team.· Not just for black players, but for the
11· ·was one of the athletic trainers just telling me, 11· ·team and for the coaches, who I believed we were all
12· ·"Why don't you just quit?"· After all I did, 12· ·working towards the same goal, but my long-term
13· ·that's -- that's what he told me.· Like, he's 13· ·success -- what I viewed as success -- right? --
14· ·like -- he's like, "You're tough, man."· He's like, 14· ·versus what they required or what they wanted from
15· ·"Why don't you just quit?" 15· ·me were two totally different things.· We were not
16· · · · · · ·I can't just quit, because I got to show 16· ·on the same team in that regard.
17· ·people -- my little brother and the other players -- 17· · · · Q.· ·My question, Mr. Cooper, goes to whether
18· ·that you can't let it break you.· That's why I 18· ·you recall saying that you really appreciated that
19· ·didn't just quit.· That's why I was -- I tried to be 19· ·the coaches would like you to come back, and whether
20· ·so tough.· I tried to do it the "Iowa way", do it 20· ·or not you could play, they wanted you to be part of
21· ·all right.· I tried.· I was a leader.· I did that -- 21· ·the team?
22· ·right? -- so that the people behind me can see, hey, 22· · · · · · ·MR. DENNIE:· Objection.· Form.· Asked and
23· ·they can't break you.· Right?· We have these 23· ·answered.
24· ·conversations amongst ourselves.· Right?· The black 24· · · · Q.· ·(By Mr. Stone)· Do you recall saying that,
25· ·players, we talk amongst ourselves and protect each 25· ·Mr. Cooper?· That's my question.

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·1· · · · · · ·MR. DENNIE:· Objection.· Form asked and ·1· ·more than likely qualify for early knee
·2· ·answered. ·2· ·replacements.
·3· · · · A.· ·I don't recall when I said that.· Could ·3· · · · Q.· ·Is that a doctor in the state of Maryland,
·4· ·you show it to me? ·4· ·Mr. Cooper?
·5· · · · Q.· ·(By Mr. Stone)· I'm just asking if you -- ·5· · · · A.· ·It was a family doctor in Illinois.
·6· ·if you recall saying that, Mr. Cooper.· And I ·6· · · · Q.· ·Do you recall the doctor's name?
·7· ·believe your testimony is you don't recall saying ·7· · · · A.· ·I don't recall the doctor's name.
·8· ·that. ·8· · · · Q.· ·Do you have records that would indicate
·9· · · · A.· ·I don't recall when I would have said ·9· ·who this doctor is?
10· ·that. 10· · · · A.· ·No.· I provided the doctor with the photos
11· · · · Q.· ·Thank you.· When was your last involvement 11· ·from my surgery, and he then put to express that I
12· ·with the leadership council?· And my understanding 12· ·would more than likely qualify for early knee
13· ·is you were on the leadership council for at least 13· ·replacements.
14· ·the year 2015; is that right? 14· · · · Q.· ·In the year 2013, is it fair to say that
15· · · · A.· ·I was on the leadership council every year 15· ·your opinion is that you were required to practice
16· ·of -- that I was at the University of Iowa. 16· ·by the coaches when, in your opinion, you should not
17· · · · Q.· ·So can you tell me what years you were at 17· ·have practiced or participated in the games because
18· ·the leader -- you were on the leadership council? 18· ·of your injuries?
19· ·You were, I believe, redshirted in 2011.· Were you 19· · · · · · ·MR. DENNIE:· I'm going to object.· Vague
20· ·on the leadership council? 20· ·and ambiguous.· That question's confusing.
21· · · · A.· ·Yes. 21· · · · Q.· ·(By Mr. Stone)· You may still answer,
22· · · · Q.· ·And then through your completion of your 22· ·Mr. Cooper.
23· ·year 2015, you remained on the leadership council? 23· · · · A.· ·Could you further clarify --
24· · · · A.· ·Correct. 24· · · · Q.· ·Yeah.
25· · · · Q.· ·When was the last time that you considered 25· · · · A.· ·-- or restate your question.
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·1· ·you were on the leadership council?· Do you recall ·1· · · · Q.· ·In the year 2013, did you hold the opinion
·2· ·when the last meeting was or the last time you did ·2· ·that you were being made to practice or participate
·3· ·anything for the leadership council? ·3· ·in games when you believed medically you should not?
·4· · · · A.· ·The last -- the last thing I remember ·4· · · · A.· ·I was advised by training staff that there
·5· ·doing for the relationship council was taking a ·5· ·wasn't a glaring issue.· I was given mediation or
·6· ·photo in front of the new football complex. ·6· ·ways to kind of mitigate pain until the point in
·7· · · · Q.· ·Can you help me with about when that was, ·7· ·which the mitigation techniques no longer worked. I
·8· ·Mr. Cooper. ·8· ·was -- at no point in time was I consulted, was the
·9· · · · A.· ·That would have been the 2015 season. ·9· ·notion of having, you know, my knees scanned brought
10· · · · Q.· ·About the time when the new building 10· ·to the attention of the training staff, until I told
11· ·opened, whenever that was? 11· ·them I physically can no longer run.
12· · · · A.· ·Correct. 12· · · · · · ·There was a steady decline in my ability
13· · · · · · ·THE VIDEOGRAPHER:· Counsel, we have Kevin 13· ·to perform, and it got to the point where I just
14· ·M. in the waiting room. 14· ·felt as though, if I don't say something, nobody
15· · · · · · ·MR. DENNIE:· Yeah, he's with us.· He's on 15· ·will stop this, especially when I know that my value
16· ·the legal team. 16· ·in the complex was built on my ability to perform
17· · · · · · ·THE VIDEOGRAPHER:· Okay.· Thank you. 17· ·and to play, and that if I couldn't, I would be like
18· · · · · · ·(Mr. Kevin McIlwain entered the 18· ·many of the other players who were shipped off,
19· ·deposition.) 19· ·black players especially.
20· · · · Q.· ·(By Mr. Stone)· Mr. Cooper, have you had 20· · · · Q.· ·Give me a minute here, Mr. Cooper.· I'm
21· ·surgeries on your knees or other parts of your body 21· ·going to try to locate your answers to
22· ·after leaving the University of Iowa? 22· ·interrogatories.· Do you have a copy of those with
23· · · · A.· ·I have not had any surgeries after leaving 23· ·you there by chance?
24· ·the University of Iowa.· I did consult with a 24· · · · A.· ·I do not.
25· ·doctor, and he told me that I would -- that I would 25· · · · Q.· ·Well, let me do that over lunch,

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·1· ·Mr. Cooper, and we'll come back to that after, this ·1· ·made a grimace, and he said, "You're better" -- he
·2· ·afternoon. ·2· ·said, "Best thing I can tell you is just lose some
·3· · · · · · ·MR. DENNIE:· Counsel, are you just looking ·3· ·weight."
·4· ·for the number of his interrogatories? ·4· · · · Q.· ·Anything else that you can recall Brian
·5· · · · · · ·MR. STONE:· No.· I -- I had it made as an ·5· ·Ferentz ever said to you about your injuries or your
·6· ·exhibit.· I don't have it open in the exhibits that ·6· ·practicing or not practicing because of injuries?
·7· ·I have, and I wanted to ask him some questions about ·7· · · · A.· ·I can't recall.
·8· ·it.· So I'll get it marked over the lunch break -- ·8· · · · Q.· ·And I assume that statement from Brian
·9· · · · · · ·MR. DENNIE:· Fair enough. ·9· ·Ferentz, of course, was while you were still in the
10· · · · · · ·MR. STONE:· -- and ask my questions about 10· ·Iowa football program at some time before the Rose
11· ·the interrogatories later. 11· ·Bowl of January 1st, 2016; correct?
12· · · · Q.· ·(By Mr. Stone)· Mr. Cooper, did Coach 12· · · · A.· ·That is correct.
13· ·Brian Ferentz have anything to do with you and your 13· · · · Q.· ·You have not had any conversations with
14· ·injuries in the year 2013, 2014, or 2015 when you 14· ·Brian Ferentz since the Rose Bowl of January 1st,
15· ·participated in the Iowa football program, and 15· ·2016, about anything; is that fair to say?
16· ·specifically, did Coach Brian Ferentz have anything 16· · · · A.· ·That is fair to say.
17· ·to do with requiring you to play or practice? 17· · · · Q.· ·About Coach Doyle, did Coach Doyle talk to
18· · · · · · ·MR. DENNIE:· Objection.· Form.· Compound. 18· ·you about continuing to practice or perform at times
19· ·Multifarious. 19· ·when you were injured?
20· · · · Q.· ·(By Mr. Stone)· You can still answer the 20· · · · A.· ·Yes.
21· ·question. 21· · · · Q.· ·And what do you recall Coach Doyle saying
22· · · · A.· ·I don't recall what year Brian Ferentz 22· ·to you about continuing to practice or perform
23· ·joined the team, and he was not my direct position 23· ·during your injuries?
24· ·coach.· So my interactions with him regarding 24· · · · A.· ·One of the -- the more interesting moments
25· ·practice were only that I practiced against the 25· ·is following one of my year-end reviews.· I spoke
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·1· ·offensive line which he was coaching. ·1· ·with Coach Morgan about ways to improve.· I asked
·2· · · · Q.· ·At any time in 2013 or 2014 or 2015, did ·2· ·Coach Morgan, "What can I do to become a better
·3· ·Brian Ferentz request or require you to practice ·3· ·player for this upcoming season?· What do you see
·4· ·when you believed you were medically unable to ·4· ·within my game that I should improve?"
·5· ·practice? ·5· · · · · · ·Coach Morgan stated that he wanted me to
·6· · · · · · ·MR. DENNIE:· Objection.· Form.· Compound. ·6· ·be more stout against the run and quite possibly put
·7· ·Multifarious. ·7· ·on some more weight.· At the time I believe I was
·8· · · · Q.· ·(By Mr. Stone)· You may still answer, ·8· ·one of the lighter defensive tackles as far as
·9· ·Mr. Cooper. ·9· ·weight.
10· · · · A.· ·I practiced throughout those years at the 10· · · · · · ·So I approached Coach Doyle over the
11· ·request of coaches. 11· ·summer, and it was after the workout had concluded.
12· · · · Q.· ·And I'm trying to identify which coaches, 12· ·I waited until there was a time in which it was just
13· ·Mr. Cooper, if you could help me identify which 13· ·me and him to go over my concerns.· I knew that, you
14· ·coaches did or did not request or require you to 14· ·know, approaching Doyle, you know, ahead of time
15· ·practice.· It's my understanding that Brian Ferentz 15· ·would be disastrous.· So -- simply because you don't
16· ·had nothing to do with your decisions to practice or 16· ·have that ability to question Doyle or ask Doyle
17· ·not practice; is that a fair statement? 17· ·questions like that.· Very much he determines what
18· · · · A.· ·I wouldn't be able to make that 18· ·your playing weight is.· He tells you, you know, how
19· ·determination as to who -- which coaches determined 19· ·things are going to go.· He's second in command at
20· ·which players practiced. 20· ·the University of Iowa.
21· · · · Q.· ·At least as far as you know, Brian Ferentz 21· · · · · · ·So as I approached Doyle after the
22· ·never said anything to you about your injuries; is 22· ·workout's concluded, I said, "Hey, Coach Doyle, you
23· ·that a fair statement? 23· ·know, I'm interested" -- "after having talked to
24· · · · A.· ·One incidence Brian Ferentz said about my 24· ·Coach Morgan, he stated that he wanted me to put on
25· ·injuries was he saw me rehabbing and he said -- he 25· ·some additional weight to play against the run."

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·1· ·And we're at the new complex on the grass field. ·1· ·complex, and I defended myself.· I knew that.
·2· ·Well, actually right outside of the entrance to ·2· · · · · · ·And what I found so interesting is I've
·3· ·where the grass field is, from the indoor portion to ·3· ·seen Doyle kick players out for having their hair --
·4· ·where it exits to the grass football field in the ·4· ·black players not having their hair done.· Right?
·5· ·back.· And, you know, I made sure that I followed ·5· ·I've seen him call people nigger and laugh,
·6· ·the chain of command in this regard so that there ·6· ·especially in the case of when he was dealing with
·7· ·wouldn't be a miscommunication or an issue as to ·7· ·Maurice Fleming.· He kick Jamal Overton out for
·8· ·where did I get this idea.· I spoke to my position ·8· ·having half of his hair braided, a black student
·9· ·coach.· My position coach gave me directive.· Then I ·9· ·who -- a black student athlete who was coming from
10· ·went to Coach Doyle. 10· ·California.· They don't have a bunch of black hair
11· · · · · · ·Coach Doyle, after telling him that "Hey, 11· ·braiders at the University of Iowa.· He looked at
12· ·I need to put on some more weight," he turns his 12· ·him, said, "What the fuck is that?" and kicked him
13· ·hand over like so (indicating), grabs me by the 13· ·out of a workout.· So I knew how short my leash was
14· ·stomach -- right? -- by the bottom of my stomach, 14· ·compared to other players.
15· ·and he says, "You don't tell me if you put on 15· · · · Q.· ·The incident that you have relayed to us,
16· ·weight."· He said, "I determine what your planned 16· ·do you know what year that happened, Mr. Cooper?
17· ·weight is." 17· · · · A.· ·I want to say that was around 2014.
18· · · · · · ·And we locked eyes, because I was shocked. 18· · · · Q.· ·Do you know approximately what month that
19· ·I -- he's never grabbed any white player like this. 19· ·incident you relayed occurred, Mr. Cooper?
20· ·Never seen it.· I -- and I was so shocked, I just 20· · · · A.· ·I don't know what month.· It was during
21· ·looked at him, and I pushed him off of me 21· ·summer workouts.
22· ·immediately.· And as soon as I pushed him off, I saw 22· · · · Q.· ·You mentioned it was sometime after
23· ·a few former -- a few former players walking out 23· ·year-end review of Coach Morgan with you?
24· ·into the -- walking out into the field.· They were 24· · · · A.· ·Correct.
25· ·examining the new complex. 25· · · · Q.· ·Would those year-end reviews be when?
Page 59 Page 61
·1· · · · · · ·And when I pushed him off, I walked into ·1· ·Start of the summer following spring ball?
·2· ·the -- I walked into the locker room shaking my ·2· · · · A.· ·I can't recall.
·3· ·head, because I knew -- I was certain that I was ·3· · · · Q.· ·But as you sit here today, to the best of
·4· ·going to get kicked out.· No black player can touch ·4· ·your recollection, this incident you have relayed
·5· ·Doyle like -- and I knew that he had the ability to ·5· ·occurred, you believe, sometime in the summer of
·6· ·frame that story whatever way that he wanted to ·6· ·2014; is that a fair statement?
·7· ·frame it.· He could create that narrative from then ·7· · · · A.· ·Some -- correct.
·8· ·and there.· Because if Coach Ferentz is going to ·8· · · · Q.· ·Did you have a subsequent time after the
·9· ·take -- choose somebody's story, who's he going to ·9· ·incident you relayed when you talked with Coach
10· ·choose: the highest-paid strength coach in all of 10· ·Doyle about the incident?
11· ·America, his best friend, or is he going to choose 11· · · · A.· ·Absolutely.· So following the incident, I
12· ·Darian Cooper, little black guy from Laurel, 12· ·came to the complex the next day fully prepared to
13· ·Maryland?· Who's he going with? 13· ·be kicked out.· I had already made my rounds and
14· · · · · · ·So I walk into the locker room.· I sit 14· ·talked to other players about how the situation
15· ·down.· I start contemplating how I'm going to 15· ·went, because I didn't want the story to be framed
16· ·communicate this to my family.· I came out here to 16· ·in a way in which I sounded -- I looked or sounded
17· ·get a degree.· Now I'm getting kicked out.· I knew 17· ·like the aggressor or somebody who was unhinged,
18· ·the way that it was framed. 18· ·because it's too easy.· I've seen it with players
19· · · · · · ·So I started talking to my other teammates 19· ·like John Raymond, who were framed as crazy and --
20· ·and just saying my goodbyes.· Then -- then it kicked 20· ·because they expressed themselves.· I told the
21· ·in.· I said how -- who can he tell?· He grabbed me. 21· ·players what happened exactly.
22· ·He -- this isn't -- he did that.· I didn't do this. 22· · · · · · ·And Coach Doyle, along with two other
23· ·I didn't run out there and start an argument or a 23· ·strength coaches, pulled me into a back office.· And
24· ·confrontation.· No.· He felt comfortable putting his 24· ·in this back office, they tried to rectify the
25· ·hands on me, grabbing me outside of this football 25· ·situation by, "Oh, well, this is why we're doing

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·1· ·this and" -- again, it's three coaches and just me. ·1· ·any notes or records that would help you refresh
·2· ·Coach Doyle doesn't pull me to the side to have a ·2· ·your recollection about the meeting?
·3· ·one-on-one conversation.· They surround me with two ·3· · · · A.· ·Not offhand.
·4· ·other coaches and say, "Well, this is why" -- "you ·4· · · · Q.· ·Did you have any other occasions after
·5· ·know, this is what your weight's going to be.· You ·5· ·that to speak with Coach Doyle about your weight or
·6· ·need to look at these numbers." ·6· ·what your playing weight should be?
·7· · · · · · ·And I informed them -- I said, "Well, ·7· · · · A.· ·No.· I think that the message was pretty
·8· ·Coach Doyle, I've already had this conversation with ·8· ·clear as to who determines my weight.· And after
·9· ·Coach Morgan.· So these metrics and the numbers that ·9· ·having a physical altercation with him regarding the
10· ·you're creating, this is now past me.· It has to do 10· ·weight, it really -- it wasn't a door that I cared
11· ·with what Coach Morgan, my position coach who puts 11· ·to reopen, for my own safety within the program.
12· ·people on the field require, and what you're 12· · · · Q.· ·And just so we tie down the timing of
13· ·stating.· I'm simply in the middle."· And that was 13· ·this -- I know you've told me that your best
14· ·the end of our conversation. 14· ·recollection is 2014.· Did this occur before your
15· · · · Q.· ·Do you recall who the other two coaches 15· ·August 2014 microfracture surgery by Dr. Wolf, to
16· ·were that were participating in that conversation? 16· ·the best of your knowledge?
17· · · · A.· ·I believe Raimond Braithwaite was there, 17· · · · A.· ·It's possible.
18· ·and I cannot confirm who the other coach was. 18· · · · Q.· ·We were talking about the years that you
19· · · · Q.· ·Was it a member of Coach Doyle's immediate 19· ·were on the leadership council or you identified the
20· ·staff?· Was it another weight training coach, if you 20· ·years that you were on the leadership council.· Do
21· ·know? 21· ·you recall who else was on the leadership council
22· · · · A.· ·Correct. 22· ·with you during those years?
23· · · · Q.· ·What was the resolution of the meeting, if 23· · · · A.· ·Not entirely.· There had been -- I'd been
24· ·anything, Mr. Cooper? 24· ·around for a few different leadership councils.· So
25· · · · A.· ·No changes were made to the -- to the 25· ·sometimes the personnel changes.
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·1· ·weight plan.· There was no resolution. ·1· · · · Q.· ·How often did the leadership council meet,
·2· · · · Q.· ·So going into the meeting or at about this ·2· ·if you can recall?
·3· ·time, you had a target weight; is that a fair ·3· · · · A.· ·We would have a summer retreat in which
·4· ·statement? ·4· ·the leadership council would go and complete tasks.
·5· · · · A.· ·Correct. ·5· ·Outside of that, we'd be tasked with, you know,
·6· · · · Q.· ·Do you recall what your target weight was ·6· ·reading books, communicating those books and those
·7· ·in 2014? ·7· ·messages to the team as well.· As far as a meeting
·8· · · · A.· ·I do not recall what that target weight ·8· ·cadence, I can't recall the cadence.
·9· ·was. ·9· · · · Q.· ·What was the purpose of the leadership
10· · · · Q.· ·And it was your view that Coach Morgan 10· ·council, as you understood it?
11· ·wanted you to increase your weight in order to be 11· · · · A.· ·The purpose of that leadership council, as
12· ·better for defending against the run; correct? 12· ·I understood it, was, one, to identify the players
13· · · · A.· ·That is correct. 13· ·that they viewed as leaders within the team, and
14· · · · Q.· ·And then you communicated that and 14· ·two, to make sure that they served as liaisons
15· ·discussed that in the meeting with the weight 15· ·between the coaches and the players.
16· ·training staff.· And is it your testimony that there 16· · · · · · ·A major thing at the University of Iowa
17· ·wasn't any change in your target weight? 17· ·was the aspect of policing -- policing each other
18· · · · A.· ·To the best of my knowledge. 18· ·and the notion of don't be that guy, which rang
19· · · · Q.· ·Have you told me everything you can recall 19· ·especially true for, it felt like, black players.
20· ·about the meeting that you had with Coach Doyle and 20· · · · · · ·A few aspects of the leadership council or
21· ·the two other coaches from the weight training 21· ·tasks that I was given specifically was
22· ·staff? 22· ·communicating with black players who just didn't get
23· · · · A.· ·To the best of my recollection, yes. 23· ·it regarding the "Iowa way".· So I would reach out
24· · · · Q.· ·This is my chance to ask you questions, 24· ·to those players, and I would tell them how to
25· ·Mr. Cooper.· Is there anything else or do you have 25· ·navigate the University of Iowa football team, how

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·1· ·to avoid, you know, disputes, you know, with certain ·1· ·with position or people they felt like would have
·2· ·coaches and that -- you know, certain stuff that -- ·2· ·similar interests or looked like them, more
·3· ·you know, as black players we just -- we had to kind ·3· ·specifically than anything.· Black players -- I've
·4· ·of harbor within and rely on each other.· Those ·4· ·never seen a white player host a black player or a
·5· ·situations being a multitude of factors.· Because it ·5· ·black player host a white player.· I've just -- I've
·6· ·was happening on such a daily basis, it's almost -- ·6· ·never seen that dynamic.
·7· ·it's almost easy to get lost in it, but when players ·7· · · · Q.· ·You recommended the Iowa football program
·8· ·like Miles Taylor come to me and tell me, "Hey, you ·8· ·to recruits; is that a fair statement?
·9· ·know, I hurt my knee, and I don't want to go down ·9· · · · A.· ·I recommended that students -- I
10· ·the same route that you went.· What should I do?" 10· ·recommended that recruits take the opportunity that
11· · · · · · ·"Hey, Miles, this is" -- "this is how you 11· ·best fit them.· I wasn't aware of everybody's
12· ·operate and navigate the training staff so they 12· ·recruiting capabilities or what their recruiting
13· ·don't use and abuse you." 13· ·options were.· So I would inform every -- every
14· · · · · · ·As a black player, when they reach out to 14· ·recruit, "Do your research.· Figure out what school
15· ·me and tell me that Akrum Wadley is having -- a guy 15· ·is best in alignment with where you're trying to go
16· ·from New Jersey is having a hard time adjusting to 16· ·and make a decision based on that."
17· ·Iowa, "Well, guess what, Akrum, here, let me talk to 17· · · · Q.· ·Was that a message that Kirk Ferentz also
18· ·you and tell you what it is that they're looking for 18· ·had communicated to you at any time?
19· ·here."· They -- the energy that you can have as a 19· · · · A.· ·I don't believe that.
20· ·black man in New Jersey, that energy doesn't fit 20· · · · Q.· ·Who did you -- who were the persons that
21· ·here.· That individualism does not fit here, because 21· ·you were personally involved in recruiting to the
22· ·performance isn't enough.· You got to be -- the 22· ·Iowa football program?
23· ·merits on which we're judged is different as black 23· · · · · · ·MR. DENNIE:· I'm going to object to form.
24· ·players. 24· ·That mischaracterizes the testimony.· Counsel, I
25· · · · · · ·When black players pull up -- when black 25· ·just want to make sure we don't get way far off like
Page 67 Page 69
·1· ·players come to the complex with a tank top, their ·1· ·you did yesterday.· A student athlete is not a
·2· ·tattoos showing, and driving a car that they're ·2· ·recruiter by NCA rules.· So I don't want to get this
·3· ·paying for and they're told that "Hey, you look like ·3· ·confused again.· They're a host, which is a
·4· ·a drug dealer," that's a different metric than -- ·4· ·different subset of the rules.· So I just want to be
·5· ·that's a different way to be judged than when you ·5· ·clear for the record so we don't get way off
·6· ·got guys who are coming in from their farm, smelling ·6· ·page again.
·7· ·like pig manure, wearing all camo, and sitting down ·7· · · · Q.· ·(By Mr. Stone)· Can you answer the
·8· ·at dinner with us.· The scales are different. ·8· ·question, Mr. Cooper?
·9· · · · Q.· ·Were you involved in the hosting of ·9· · · · A.· ·What is the question exactly?
10· ·recruits or potential players for the Iowa football 10· · · · Q.· ·What players were you involved in
11· ·program? 11· ·recruiting or hosting for the Iowa football program?
12· · · · A.· ·Yes, I was.· Very much so. 12· · · · · · ·MR. DENNIE:· Object to form.· Again,
13· · · · Q.· ·What was your level of participation in 13· ·mischaracterizes the testimony.
14· ·that, Mr. Cooper? 14· · · · A.· ·Jaleel Johnson, Sean Draper, Maurice
15· · · · A.· ·It was -- I was actively sought out to 15· ·Fleming, Faith Ekakitie, several members of the 2012
16· ·help with the recruiting process at the University 16· ·recruiting class, as well as multiple other recruits
17· ·of Iowa. 17· ·throughout time.· So ...
18· · · · Q.· ·Who sought you out? 18· · · · Q.· ·(By Mr. Stone)· About how many times were
19· · · · A.· ·The coaching staff. 19· ·you involved with potential recruits?
20· · · · Q.· ·Can you tell me which coaches. 20· · · · A.· ·Several.
21· · · · A.· ·I've been reached out to by Coach Morgan, 21· · · · Q.· ·Can you give me a number of -- of the
22· ·Coach Bell.· It really would depend on which 22· ·potential recruits to the Iowa football program that
23· ·position that they were coaching.· Coach Ferentz, 23· ·you were involved in communicating with your views
24· ·Kirk Ferentz.· Depends on what position those 24· ·about the program?
25· ·people -- the recruits were.· They would align them 25· · · · A.· ·As many as they -- I was instructed -- as

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·1· ·many as I was instructed to. ·1· ·of George Floyd's death, about May 26th of 2020.
·2· · · · Q.· ·As you sit here today, could it have been ·2· · · · A.· ·Not that I can recall offhand.
·3· ·as many as 50? ·3· · · · · · ·(Mr. Kirk Ferentz entered the deposition.)
·4· · · · A.· ·Possibly. ·4· · · · Q.· ·(By Mr. Stone)· Mr. Cooper, when you were
·5· · · · Q.· ·Did you ever say to any of the potential ·5· ·participating in the Iowa football program from 2011
·6· ·recruits to the Iowa football program that you felt ·6· ·through 2015, did you spend a lot of time in the
·7· ·it was a discriminatory or racially discriminatory ·7· ·weight room?
·8· ·program? ·8· · · · A.· ·Correct.
·9· · · · A.· ·I informed players about how to migrate ·9· · · · Q.· ·How much time would you say you spent in
10· ·within the University, especially around Coach Doyle 10· ·the weight room on average on a daily basis?
11· ·and the strength and conditioning staff. 11· · · · A.· ·A significant amount of time.· It'd be
12· · · · Q.· ·Anything else that you communicated to 12· ·hard to put a number on it.
13· ·them on that subject? 13· · · · Q.· ·But on average it would be several hours a
14· · · · A.· ·Outside of just making the best decision 14· ·day that you were in the weight room?
15· ·for you, not that I could recall. 15· · · · A.· ·That sounds fairly accurate.
16· · · · Q.· ·Following George Floyd's murder in 16· · · · Q.· ·Would Coach Doyle be there during almost
17· ·Minneapolis on approximately May 26th of 2020, how 17· ·all of those times that you were in the weight room?
18· ·did you personally react to that circumstance, 18· · · · A.· ·That's correct.
19· ·Mr. Cooper? 19· · · · Q.· ·And would you interact with Coach Doyle
20· · · · A.· ·Personally I felt -- I felt as though it 20· ·basically every day that you were in the weight room
21· ·was -- it was telling of the reaction.· It was very 21· ·working out?
22· ·telling of some of the experiences that I've 22· · · · A.· ·There were interactions.
23· ·witnessed throughout my life in relation to how 23· · · · · · ·MR. DENNIE:· Counsel, I see that Kirk
24· ·people have been treated by police -- how black 24· ·Ferentz has joined the call -- or the Zoom.· Do you
25· ·people, more specifically, have been treated by 25· ·intend to have multiple individuals serving as
Page 71 Page 73
·1· ·police.· George Floyd was not the first case, and ·1· ·corporate representatives, or is someone going to
·2· ·that, as unfortunate as it was, has served as a ·2· ·bounce off?
·3· ·catalyst for what I hope is going to be a more ·3· · · · · · ·MR. STONE:· No.· I think --
·4· ·positive change in the future. ·4· · · · · · ·MR. DENNIE:· All right.· It looks like he
·5· · · · Q.· ·Did you have any communication that you're ·5· ·jumped off.
·6· ·aware of before George Floyd's death when you ·6· · · · · · ·MR. STONE:· Mr. Brincks will be gone, and
·7· ·communicated anything about the subject of racial ·7· ·if Mr. Ferentz needs to leave, Mr. Brincks can
·8· ·discrimination within the Iowa football program? ·8· ·rejoin us.
·9· · · · · · ·MR. DENNIE:· Counsel, the first part of ·9· · · · · · ·(Mr. Sam Brincks exited the deposition.)
10· ·your question was pixilated.· Would you mind asking 10· · · · Q.· ·(By Mr. Stone)· Mr. Cooper, who was your
11· ·that again. 11· ·primary coach during the time you were participating
12· · · · · · ·MR. STONE:· I can reask the question. 12· ·in the Iowa football program through the end of the
13· · · · · · ·MR. DENNIE:· Yeah, please.· Thank you. 13· ·year 2015?
14· · · · Q.· ·(By Mr. Stone)· Before Mr. George Floyd's 14· · · · A.· ·Coach Reese Morgan.· Primary position
15· ·murder on about May 26th of 2020 in Minneapolis, had 15· ·coach?
16· ·you written any communication of which you're aware 16· · · · Q.· ·Yes.· Was he the coach that you considered
17· ·that you complained about racial discrimination in 17· ·you were closest to?
18· ·the Iowa football program, Mr. Cooper? 18· · · · A.· ·What do you mean by "closest"?
19· · · · A.· ·It's possible.· Do you have something in 19· · · · Q.· ·Did you have a personal relationship with
20· ·mind? 20· ·any of the coaches that you would consider a close
21· · · · Q.· ·No, I don't, Mr. Cooper.· I'm asking if 21· ·personal relationship?
22· ·you have anything in mind or any recollection of 22· · · · A.· ·None of them.
23· ·making any written communication where you 23· · · · Q.· ·Let me ask you about Brian Ferentz.· Was
24· ·communicated that you believe the Iowa football 24· ·he involved in coaching you at the time that you
25· ·program was racially discriminatory before the date 25· ·were in the Iowa program from 2011 to 2015?

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·1· · · · A.· ·When I would work on the scout team, I ·1· · · · A.· ·I was not coached directly by Brian
·2· ·would -- we would -- we would be going against his ·2· ·Ferentz.· So my interactions with Brian Ferentz were
·3· ·players, but directly coaching me, no. ·3· ·limited.· For the players that did have direct --
·4· · · · Q.· ·During the time that you were on the scout ·4· ·direct interactions with Brian Ferentz, those
·5· ·team as a defensive team against the offense, did ·5· ·statements are in alignment with what was said.
·6· ·the defenders or defensive team have their own ·6· · · · Q.· ·There's a statement in the first amended
·7· ·coach? ·7· ·complaint -- and we can look at it if you need to.
·8· · · · A.· ·That's correct. ·8· ·I think it's Paragraph 140 -- relating an incident
·9· · · · Q.· ·Who was that for the scout team? ·9· ·where Mr. Jonathan Parker alleges that Brian Ferentz
10· · · · A.· ·One of the coaches was Kelvin Bell. I 10· ·called him a dumbass black player.· Did you observe
11· ·don't remember all of the coaches, though. 11· ·that incident?
12· · · · Q.· ·Did you ever hear Brian Ferentz call you 12· · · · · · ·MR. DENNIE:· Can you pull that up -- that
13· ·directly the N-word? 13· ·exhibit up so we can all be on the same page,
14· · · · A.· ·He hasn't called me directly the N-word. 14· ·please.
15· ·But he has said it -- he has said racist things to 15· · · · · · ·Thank you, Counsel.
16· ·other players around us, within earshot.· So as far 16· · · · Q.· ·(By Mr. Stone)· Mr. Cooper, I have put
17· ·as calling players stupid motherfuckers and stupid 17· ·before you Paragraph 140.· And if you want to read
18· ·black motherfuckers and dumbass black players, 18· ·any of the context around it, just tell me to scroll
19· ·things are happening within earshot, correct. 19· ·up or scroll down.· I want to be sure -- but I think
20· · · · Q.· ·Let me see if I can get an answer to my 20· ·it's Paragraph 140 that I have questions I want to
21· ·question, Mr. Cooper. 21· ·ask you about.· So take a minute and read it to
22· · · · · · ·MR. DENNIE:· Counsel, he -- no need for 22· ·yourself, please.
23· ·that sidebar.· He answered your question.· So if you 23· · · · A.· ·(Witness complies.)
24· ·want to ask another, you can, but no need to start 24· · · · · · ·Yeah.
25· ·with that kind of phrase.· Thank you. 25· · · · Q.· ·All right, Mr. Cooper.· Have you had a
Page 75 Page 77
·1· · · · Q.· ·(By Mr. Stone)· Mr. Cooper, did Brian ·1· ·chance to read Paragraph 140?
·2· ·Ferentz ever call you the N-word directly? ·2· · · · A.· ·I have.
·3· · · · A.· ·Directly, no.· But within earshot.· And ·3· · · · Q.· ·Were you present when this occurred?
·4· ·that's a very targeted term. ·4· · · · A.· ·I can't recall if I was present.· But I
·5· · · · Q.· ·Did Brian Ferentz ever call you directly a ·5· ·remember seeing video of this practice and Coach
·6· ·gang member? ·6· ·Ferentz definitely kicking the trash can.· And
·7· · · · A.· ·He did not call me directly a gang member. ·7· ·several of us were -- we -- we were shocked, to say
·8· ·It's not out of character for him to have said it to ·8· ·the least.
·9· ·another black player. ·9· · · · · · ·When we talk about composure, when we talk
10· · · · Q.· ·Did ever Brian Ferentz say to you, "What 10· ·about all the things that the "Iowa way" is supposed
11· ·gang are you in?" 11· ·to represent and watching our coach blow up on a
12· · · · A.· ·He's never said it directly to me.· Again, 12· ·black player like that, that's not composure.
13· ·it would not be out of character for him to have 13· ·That's targeted.· That -- that's -- there it is
14· ·said it to another black player. 14· ·right there.· That's racist right there, the fact
15· · · · Q.· ·Did Brian Ferentz ever call you a stupid 15· ·that he feels as though he can explode on players
16· ·MF?· And I think you know what that -- those 16· ·like that.· Then we have to apologize for -- black
17· ·initials stand for.· Did he ever directly use that 17· ·players have to apologize for the way that a grown
18· ·phrase aimed at you, "stupid MF"? 18· ·man, a coach is acting, after being told we did
19· · · · A.· ·He's used it within earshot of me, but not 19· ·nothing wrong.
20· ·directed towards me specifically. 20· · · · Q.· ·Mr. Cooper, my question is did you observe
21· · · · Q.· ·Did Brian Ferentz ever say to you to "go 21· ·the incident when it happened, not did you see a
22· ·back to the ghetto" or words to that effect? 22· ·videotape later, but were you on the field or did
23· · · · A.· ·Not directed towards me. 23· ·you observe it when it happened?
24· · · · Q.· ·Did Brian Ferentz ever use any other 24· · · · · · ·MR. DENNIE:· Objection.· Asked and
25· ·derogatory name or term directly to you? 25· ·answered.

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·1· · · · A.· ·I don't recall where I was at that current ·1· ·confrontation, I made sure to remove all -- I made
·2· ·moment, only that I was sure that I saw the video in ·2· ·sure to remove my earrings before entering the
·3· ·question. ·3· ·complex.
·4· · · · Q.· ·(By Mr. Stone)· Well, do you know that you ·4· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
·5· ·were still on the Iowa team when the incident ·5· ·you personally or directly about any jewelry?
·6· ·happened that's the subject of Paragraph 140?· Do ·6· · · · A.· ·I didn't give -- I didn't give him the
·7· ·you recall talking about it with people about the ·7· ·opportunity to.
·8· ·time that it happened? ·8· · · · Q.· ·So the answer is no, he did not?
·9· · · · A.· ·I can't recall. ·9· · · · A.· ·He did not.
10· · · · Q.· ·Did Brian Ferentz ever call you a dumbass 10· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
11· ·black player direct? 11· ·you about your diction or the way that you spoke?
12· · · · A.· ·Not to my knowledge. 12· · · · A.· ·No.
13· · · · Q.· ·I'm curious, Mr. Cooper.· Was the video 13· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
14· ·that you saw of Brian Ferentz kicking the garbage 14· ·you about the way that you walked?
15· ·can -- did it have audio with it? 15· · · · A.· ·Not that I can recall.
16· · · · A.· ·No. 16· · · · Q.· ·Did Brian Ferentz ever mock or make fun of
17· · · · Q.· ·How do you know he was going off on a 17· ·you or ridicule you about your hair?
18· ·black player when he was kicking the garbage can 18· · · · A.· ·Not that I can recall.
19· ·from the video that you saw? 19· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
20· · · · A.· ·There aren't too many instances of when 20· ·you, or ridicule you about your tattoos?
21· ·coaches kick trash cans.· So this was a pretty 21· · · · A.· ·Not that I can recall.
22· ·telling event, one that was highlighted at the time. 22· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
23· · · · Q.· ·Well, how did you know, if you did, what 23· ·you, or ridicule you about your clothing?
24· ·Brian Ferentz said when you watched the video? 24· · · · A.· ·Not that I can recall.· But I'm not the
25· · · · A.· ·I didn't know through what Brian Ferentz 25· ·only player who dealt with Brian Ferentz.· So when
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·1· ·said.· I knew through what was reported by the ·1· ·it comes to some of these questions, they would be
·2· ·players in which he said it to. ·2· ·more directly targeted towards other players.
·3· · · · Q.· ·Did Brian Ferentz ever say anything to you ·3· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·4· ·about getting your hair cut or your hair was too ·4· ·you, or ridicule you about your jewelry?
·5· ·long, Mr. Cooper? ·5· · · · A.· ·Not that I can recall.
·6· · · · A.· ·Not to me. ·6· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·7· · · · Q.· ·Do you have tattoos, Mr. Cooper? ·7· ·you, or ridicule you about your diction?
·8· · · · A.· ·I do. ·8· · · · A.· ·Not that I can recall.
·9· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to ·9· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
10· ·you about your tattoos? 10· ·you, or ridicule you about the way that you walked?
11· · · · A.· ·My tattoos weren't visible.· So no. 11· · · · A.· ·Not that I can recall.
12· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to 12· · · · Q.· ·Did you personally complain to Coach Kirk
13· ·you about the clothing that you wore? 13· ·Ferentz at any players council meeting that Brian
14· · · · A.· ·Not to me directly. 14· ·Ferentz had made any comment about your hair,
15· · · · Q.· ·Did Brian Ferentz ever say anything to you 15· ·tattoos, clothing, jewelry, diction, or the way you
16· ·about jewelry that you may have been wearing? 16· ·walked?
17· · · · A.· ·There was a strict policy of no earrings 17· · · · A.· ·Not that I can recall.
18· ·within the complex.· So if I would have had earrings 18· · · · Q.· ·Did you personally complain to Kirk
19· ·in or for players that did have earrings in, it was 19· ·Ferentz at any players council or leadership council
20· ·policed pretty hard. 20· ·meeting that Brian Ferentz had made any comment
21· · · · Q.· ·Do you -- did you wear earrings during the 21· ·about other athletes' hair, tattoos, clothing,
22· ·time that you were a member of the Iowa football 22· ·jewelry, diction, or the way they walked?
23· ·team, or did you have your ears pierced at that 23· · · · A.· ·Not that I can recall.
24· ·time? 24· · · · Q.· ·Let me ask you that same series of
25· · · · A.· ·My ears were pierced.· And to avoid 25· ·questions with respect to Coach Doyle.· Did Coach

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·1· ·Doyle ever say anything directly to you about your ·1· · · · A.· ·My hair, no.
·2· ·hair? ·2· · · · Q.· ·Yeah.
·3· · · · A.· ·Not that I can recall. ·3· · · · A.· ·But several players were kicked out of
·4· · · · Q.· ·Did Coach Doyle ever say anything directly ·4· ·workouts due to their hair, black players
·5· ·to you about your tattoos? ·5· ·specifically not having their hair braided or having
·6· · · · A.· ·Not that I can recall. ·6· ·their hair in the process of being braided.· They
·7· · · · Q.· ·Did Coach Doyle ever say anything directly ·7· ·were kicked out, because it didn't --
·8· ·to you about your clothing? ·8· · · · Q.· ·My questions at this time -- and we'll get
·9· · · · A.· ·Not that I can recall. ·9· ·to other athletes, Mr. Cooper.· My question is
10· · · · Q.· ·Did Coach Doyle ever say anything to you 10· ·relating to you individually about your hair.· Did
11· ·about your jewelry? 11· ·Coach Doyle mock, make fun of, or ridicule you about
12· · · · A.· ·Not that I can recall.· I didn't wear 12· ·your hair?· And based on what you've said, I believe
13· ·jewelry. 13· ·your answer is that "no, he did not personally do
14· · · · Q.· ·Did Coach Doyle ever say anything to you 14· ·that to me"; is that correct?
15· ·about your diction or the way that you speak? 15· · · · A.· ·That's correct.
16· · · · A.· ·Comments would be made about the way that 16· · · · Q.· ·Did Coach Doyle, mock, make fun of, or
17· ·certain words were pronounced amongst black players 17· ·ridicule you directly about your tattoos?
18· ·specifically.· They would be mocked.· That was one 18· · · · A.· ·No, he did not.
19· ·of sort of the major -- the major issues that people 19· · · · Q.· ·Did Coach Doyle mock, make fun of, or
20· ·had, black players especially.· Coming from 20· ·ridicule you about your clothing?
21· ·different places, different dictions, different 21· · · · A.· ·Not that I can recall.
22· ·accents, it -- they would be mocked and belittled. 22· · · · Q.· ·Did Coach Doyle mock, make fun of, or
23· ·And that was one of the major issues that a lot of 23· ·ridicule you about your jewelry?
24· ·players felt, that they didn't have -- Doyle didn't 24· · · · A.· ·Not that I can recall.
25· ·have any respect for them and where they were from. 25· · · · Q.· ·Did Coach Doyle mock, make fun of, or
Page 83 Page 85
·1· ·It felt as though they were being belittled.· It ·1· ·ridicule you about your diction?
·2· ·felt as though no respect for the fact that you came ·2· · · · A.· ·Not that I can recall.
·3· ·in and recruited these players from these different ·3· · · · Q.· ·Did Coach Doyle mock, make fun of you, or
·4· ·places and never -- and never cared to learn about ·4· ·ridicule you about the way you walked?
·5· ·where these people were from, never cared to -- ·5· · · · A.· ·Not that I can recall.
·6· ·never cared to truly get to know some of these guys. ·6· · · · Q.· ·Did you personally complain to Coach Kirk
·7· · · · · · ·You come in, you're basically put into a ·7· ·Ferentz at any players council meeting or leadership
·8· ·group.· Either you're in KF's doghouse or you're -- ·8· ·council meeting that Coach Doyle had made any
·9· ·you're on a short leash to begin with.· So you have ·9· ·comment about your hair?
10· ·to make the -- the choice is made almost. 10· · · · A.· ·About my hair specifically, no.
11· · · · Q.· ·And in your answer, Mr. Cooper, I believe 11· · · · Q.· ·Did you personally complain to Kirk
12· ·you were discussing what other players may have 12· ·Ferentz at any players council or leadership council
13· ·experienced about diction, but I don't think I heard 13· ·meeting that Coach Doyle had made any comment about
14· ·you say that you personally had an experience with 14· ·your tattoos, clothing, jewelry, diction, or the way
15· ·Coach Doyle where he talked about your diction.· Do 15· ·that you walked?
16· ·you recall an instance or a circumstance where Coach 16· · · · · · ·MR. DENNIE:· Objection.· Compound.
17· ·Doyle said something directly to you about the way 17· ·Multifarious.
18· ·that you spoke words or your diction or the way that 18· · · · Q.· ·(By Mr. Stone)· Well, let's go back, then,
19· ·you pronounced words, if you can recall? 19· ·Mr. Cooper.· Did you personally complain to Kirk
20· · · · A.· ·Not that I can recall. 20· ·Ferentz at a players council or leadership council
21· · · · Q.· ·Did Coach Doyle say anything to you about 21· ·meeting that Coach Doyle had made any comment about
22· ·the way that you walked? 22· ·your tattoos?
23· · · · A.· ·Not that I can recall. 23· · · · A.· ·Not that I can recall.
24· · · · Q.· ·Did Coach Doyle mock, make fun of you, or 24· · · · Q.· ·Did you personally complain to Kirk
25· ·ridicule you about your hair? 25· ·Ferentz at any players council meeting or leadership

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·1· ·council meeting that Coach Doyle had made any ·1· ·Jay-Z called "Niggas in Paris," in which the
·2· ·comment to you about your clothing? ·2· ·sideline erupted in energy, because finally we
·3· · · · A.· ·Not that I can recall. ·3· ·weren't just stifled.· We had a chance to feel as
·4· · · · Q.· ·Did you personally complain to Kirk ·4· ·though we were expressing ourselves through the
·5· ·Ferentz at any players council or leadership council ·5· ·music, as well as through other more subtle parts of
·6· ·meeting that Coach Doyle had made any comment about ·6· ·our culture and who we are in representation, as
·7· ·your jewelry? ·7· ·opposed to just being made to be Iowa -- you know,
·8· · · · A.· ·Not that I can recall. ·8· ·Midwestern Iowa white guys.· Because that's not who
·9· · · · Q.· ·Did you personally complain to Kirk ·9· ·everybody is.· Although they try to convince and
10· ·Ferentz at any players council or leadership council 10· ·move you into that pocket, that's not who everybody
11· ·meeting that Coach Doyle had made any comment about 11· ·is.· We're individuals who -- what the aspect of a
12· ·the way you speak or words you used, pronunciation, 12· ·team is: individuals comprised for one goal.· That
13· ·or diction? 13· ·doesn't mean just one person.· These are individuals
14· · · · A.· ·Not that I can recall. 14· ·comprised to make one goal accomplished.· And that
15· · · · Q.· ·Did you personally complain to Kirk 15· ·was the sort of stuff that we dealt with on a daily
16· ·Ferentz at any players council or leadership council 16· ·basis, even the more subtle subversions of not being
17· ·meeting that Coach Doyle had made any comment about 17· ·able to listen to the music that you want, being
18· ·the way you walked? 18· ·ridiculed for your hair.· So in regards to other
19· · · · A.· ·Not that I can recall. 19· ·players, yes, we did -- I did see that.
20· · · · Q.· ·Did you personally complain to Kirk 20· · · · Q.· ·So after the incident that you have
21· ·Ferentz at any players council or leadership council 21· ·relayed involving the music of Jay-Z and the
22· ·meeting that Coach Doyle had made a comment about 22· ·Michigan State incident, did things change, or did
23· ·another athlete's hair? 23· ·they improve in your view?
24· · · · A.· ·The notion of hair was brought up within 24· · · · A.· ·Change was slow.· And I can't say that the
25· ·internal meetings within the leadership council, as 25· ·change has been fully embedded within the system.
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·1· ·well as the notion of having music -- diversity of ·1· · · · Q.· ·I'm asking --
·2· ·music within the weight room. ·2· · · · · · ·MR. DENNIE:· Counsel, can we take a
·3· · · · · · ·One of -- one of those situations was ·3· ·restroom break?· I've been holding out to try to get
·4· ·highlighted by the fact that -- we played against ·4· ·to the end of your line of questions.
·5· ·Michigan State and -- you know, pardon the -- pardon ·5· · · · · · ·MR. STONE:· Sure.· We can take a break.
·6· ·the name of the song, but it's -- we had long ·6· · · · · · ·THE VIDEOGRAPHER:· Off the record at
·7· ·lobbied for some diversity within the soundtrack ·7· ·11:25 a.m.
·8· ·within the weight room.· It was strictly country ·8· · · · · · ·(A brief recess was taken.)
·9· ·music.· And several African American players, we -- ·9· · · · · · ·THE VIDEOGRAPHER:· On the record at
10· ·we asked for more representation within the music. 10· ·11:41 a.m.
11· ·We're here too.· You know, although we're in Iowa, 11· · · · · · ·MR. STONE:· Thank you.
12· ·we are a part of this team just as much as anybody 12· · · · Q.· ·(By Mr. Stone)· Mr. Cooper, we were
13· ·else, and we felt as though we should have 13· ·beginning to discuss knowledge of what Mr. Doyle had
14· ·representation in the song selection. 14· ·said or commented about other athletes, and we
15· · · · · · ·It was oftentimes that we were -- that the 15· ·talked about the subject of music.· And did you
16· ·song selection was mocked or that it was simply 16· ·believe that in the weight room things began to
17· ·ignored, and instead we would continue to listen to 17· ·start to change in 2012 after the incident with
18· ·songs like "Chillin' on a Dirt Road" and a multitude 18· ·Michigan State, and then a change proceeded slowly
19· ·of other country songs that just didn't have any 19· ·from then?
20· ·relevance or connection to a majority of the -- to a 20· · · · · · ·MR. DENNIE:· Going to object to vague and
21· ·large portion of the team. 21· ·ambiguous.· So objection.· Form.
22· · · · · · ·So we would continue to lobby and fight 22· · · · Q.· ·(By Mr. Stone)· Go ahead and answer if you
23· ·for that, and it wasn't until we played Michigan 23· ·can, Mr. Cooper.
24· ·State in approximately 2012 in which the coaches saw 24· · · · A.· ·I think that it was seen how black players
25· ·the level of energy listening to a song by Kanye and 25· ·reacted to finally hearing music that was

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·1· ·representative of our culture.· And I would hope ·1· ·the way in which they walked?
·2· ·that, you know, things got better as a result, but I ·2· · · · A.· ·Not that I can recall.
·3· ·can't say for certain that change came as a direct ·3· · · · Q.· ·I want to put before you Interrogatory
·4· ·result. ·4· ·No. 13 and share the screen with you, Mr. Cooper.
·5· · · · Q.· ·I believe how we got into the subject of ·5· · · · · · ·MR. DENNIE:· Counsel, what deposition
·6· ·music was I had asked you whether you had personally ·6· ·exhibit are you referencing?
·7· ·complained to Kirk Ferentz at a leadership council ·7· · · · · · ·MR. STONE:· This is Exhibit 30.· It's
·8· ·or players council meeting that Coach Doyle had made ·8· ·marked as Exhibit 30.· It's his answers to
·9· ·any comment about another athlete's hair.· Do you ·9· ·interrogatories.
10· ·know whether you made such a complaint to Kirk 10· · · · · · ·MR. DENNIE:· Apologize.· Did you say 13?
11· ·Ferentz about what Coach Doyle had said about some 11· · · · · · ·MR. STONE:· I'm sorry.· I said 30.
12· ·other athlete's hair? 12· · · · · · ·MR. DENNIE:· No, no, no.· The specific
13· · · · A.· ·Not that I can recall.· Reporting to Coach 13· ·interrogatory number?
14· ·Ferentz about Coach Doyle was a moot point.· Coach 14· · · · · · ·MR. STONE:· I'm going to get to Exhibit --
15· ·Doyle was Coach Ferentz's friend.· They were -- they 15· ·Interrogatory No. 13.· Yes.
16· ·were one and two as far as the hierarchy of the 16· · · · · · ·MR. DENNIE:· Thank you.
17· ·program.· So Coach Doyle could -- Coach Doyle 17· · · · Q.· ·(By Mr. Stone)· Do you recognize these,
18· ·superceded even positioning offensive coordinators 18· ·Mr. Cooper, as your answers?
19· ·in his ability to communicate with Coach Ferentz and 19· · · · A.· ·I do.
20· ·determining who played, who didn't, who stayed and 20· · · · Q.· ·And just for the record -- I guess there's
21· ·who went.· Much of that determination was made by 21· ·no signature on the end.· Let me look -- let me
22· ·Coach Doyle and whether or not he decided that you 22· ·point your attention to Interrogatory No. 13 where
23· ·belong in, you know, Coach Ferentz's doghouse or 23· ·you were asked to provide details regarding the
24· ·whether or not you get to finish your career at the 24· ·allegations in Paragraph 207.· Would you like to see
25· ·University of Iowa. 25· ·Paragraph 207?· It's about what you were made to do
Page 91 Page 93
·1· · · · Q.· ·Did you personally complain to Kirk ·1· ·while you were injured or playing while you were
·2· ·Ferentz at a players council or a leadership council ·2· ·injured.· I can show you 207 if you'd like to see
·3· ·meeting that Coach Doyle had made any comment about ·3· ·it, Mr. Cooper.
·4· ·another athlete's tattoos? ·4· · · · A.· ·If you could, please.
·5· · · · A.· ·Not that I can recall. ·5· · · · Q.· ·Okay.· There's 207.· Mr. Cooper, why don't
·6· · · · Q.· ·Did you personally complain to Kirk ·6· ·you take a minute to read to yourself 207, and then
·7· ·Ferentz at a players council or a leadership council ·7· ·we'll go back to the interrogatory answer.
·8· ·meeting that Coach Doyle had made any comment about ·8· · · · A.· ·(Witness complies.)
·9· ·another athlete's clothing? ·9· · · · · · ·I've had a chance to read it.
10· · · · A.· ·Not that I can recall. 10· · · · Q.· ·All right.· Thank you.· And then
11· · · · Q.· ·Did you personally complain to Kirk 11· ·Interrogatory No. 13 asks a series of Subparts A
12· ·Ferentz at a players council meeting or leadership 12· ·through H about that paragraph and then your answer.
13· ·council meeting that Coach Doyle had made any 13· ·Let me ask you to take a minute to read your answer
14· ·comment about another athlete's jewelry? 14· ·to yourself, Mr. Cooper, just to familiarize
15· · · · A.· ·Not that I can recall. 15· ·yourself with it.
16· · · · Q.· ·Did you personally complain to Kirk 16· · · · A.· ·(Witness complies.)
17· ·Ferentz at a players council meeting or leadership 17· · · · · · ·I've had a chance to read it.
18· ·council meeting that Coach Doyle had made any 18· · · · Q.· ·All right.· Is that answer your answer to
19· ·comment about another athlete's diction or 19· ·Interrogatory No. 13?
20· ·pronunciation? 20· · · · A.· ·Correct.
21· · · · A.· ·Not that I can recall. 21· · · · Q.· ·It references that certain coaches told
22· · · · Q.· ·Did you personally complain to Kirk 22· ·you to play through it and allegedly ridiculed you
23· ·Ferentz at a players council meeting or leadership 23· ·for complaining, and those coaches were Kirk
24· ·council meeting that Coach Doyle had made any 24· ·Ferentz, Reese Morgan, and members of the training
25· ·comment about another athlete's manner of walking or 25· ·staff, Russ and Doug.· Is that your statement?

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·1· · · · A.· ·That is. ·1· ·myself in this manner."· It was dismissed.· I was --
·2· · · · Q.· ·Now, you don't reference Coach Doyle there ·2· ·I was ostracized from the team in certain respects.
·3· ·in any way, do you, sir? ·3· ·The remainder of that summer I had to train by
·4· · · · A.· ·I don't reference Coach Doyle in that. ·4· ·myself, outside of a few large team gathering events
·5· · · · Q.· ·And you don't reference Coach Brian ·5· ·that were held later within the -- later within the
·6· ·Ferentz in any way, that either one of those two ·6· ·afternoons.
·7· ·coaches told you to play through it or ridiculed you ·7· · · · · · ·So that's an experience that no other
·8· ·for complaining about your injury; is that a fair ·8· ·white player had to experience.· That is an
·9· ·statement? ·9· ·individualized experience for myself and other black
10· · · · A.· ·Possibly. 10· ·players.
11· · · · Q.· ·Well, let me ask it this way, Mr. Cooper. 11· · · · Q.· ·What was the summer that you worked in
12· ·In answers to your interrogatory, you did not 12· ·this -- again, maybe I missed the answer.· Was it a
13· ·identify that Coach Doyle or Coach Brian Ferentz had 13· ·camp or a facility that you were describing,
14· ·told you to play through it and ridiculed you for 14· ·Mr. Cooper?
15· ·complaining about being injured.· I want to ask you 15· · · · A.· ·It's called the Youth Leadership Program,
16· ·that question now in your deposition, first as to 16· ·a YLP.
17· ·Brian Ferentz.· Did Brian Ferentz at any time tell 17· · · · Q.· ·And what was the summer that you worked
18· ·you to play through your injuries or ridicule you 18· ·there?
19· ·for complaining about your injuries, if you can 19· · · · A.· ·That, I believe, is the summer of 2011
20· ·recall? 20· ·heading to 2012.
21· · · · A.· ·I don't recall. 21· · · · Q.· ·Those are the years, to the best of your
22· · · · Q.· ·Did Coach Doyle tell you to play through 22· ·recollection?
23· ·it or ridicule you for complaining about your 23· · · · A.· ·It was the summer heading into my first
24· ·injuries at any time that you can recall? 24· ·year playing.
25· · · · A.· ·I don't recall Coach Doyle telling me to 25· · · · Q.· ·And --
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·1· ·play through my injuries.· I do recall being ·1· · · · A.· ·That would be to the best of my
·2· ·ridiculed by Coach Doyle for not being able to make ·2· ·recollection.
·3· ·weight.· He made me show him my finances over the ·3· · · · Q.· ·And it was at that time that Coach Doyle
·4· ·summer for fear that I was misappropriating funds. ·4· ·allegedly ridiculed you about your finances and
·5· ·He made me break down my finances.· I was constantly ·5· ·about making weight and losing weight and those
·6· ·ridiculed by him, as well as other white coaches, ·6· ·things you just described for us, was back in 2011
·7· ·for not being able to make weight.· After ·7· ·and 2012?
·8· ·communicating what my financial situation was, I was ·8· · · · A.· ·The time frame is heading into my -- into
·9· ·told to simply buy eggs.· And to the same -- and to ·9· ·the first year that I played.
10· ·the same token, I was given -- over the course of 10· · · · Q.· ·Getting back to the subject of your
11· ·one summer, I lost 20 pounds working at a youth 11· ·injuries and playing through your injuries or being
12· ·leadership retreat for at-risk youth within the Iowa 12· ·ridiculed for complaining about being injured,
13· ·City community, a job that was suggested to me by 13· ·you're not here to testify that Coach Doyle told you
14· ·University of Iowa -- Iowa staff as a summer job, 14· ·to play through it or ridiculed you for complaining
15· ·because at that time summer school wasn't provided. 15· ·about your injuries, are you, sir?
16· · · · · · ·So as I was working out again, performing 16· · · · A.· ·I don't know his level of complicity in
17· ·team workouts, plus additional workouts, I was 17· ·that matter.
18· ·losing weight, because I didn't have the finances to 18· · · · Q.· ·I'm sorry.· I just didn't hear your
19· ·afford to be able to eat sufficiently. 19· ·answer, Mr. Cooper.
20· · · · · · ·Coach Doyle ridiculed me in front of the 20· · · · A.· ·I don't know -- I did not know his level
21· ·team, condemns me for a lack of effort.· I'm 21· ·of complicity in that matter.· So I didn't name him.
22· ·targeted by other teammates for a lack of effort, 22· ·I wasn't sure if he -- to what level that he
23· ·after having to communicate -- after having a 23· ·contributed to that.
24· ·conversation with Coach Doyle telling him, "Hey, 24· · · · Q.· ·Okay.· And then you reference that in --
25· ·Coach Doyle, I do not have the funds to support 25· ·looks to me like the eighth line.· It says,

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·1· ·"Mr. Cooper indicated that he believed that he was ·1· ·injury.
·2· ·being treated differently than white players who ·2· · · · Q.· ·And do you know who his doctor was on the
·3· ·were permitted to rest and recover, but he was told ·3· ·medical staff?
·4· ·to keep playing despite a major injury."· Did I read ·4· · · · A.· ·I do not.
·5· ·that correctly? ·5· · · · Q.· ·Do you know if it was any different from
·6· · · · A.· ·That is correct. ·6· ·the doctors that treated you, Dr. Amendola or
·7· · · · Q.· ·And that was a reference to the experience ·7· ·Dr. Wolf?
·8· ·of Brandon Scherff; is that correct? ·8· · · · A.· ·The issue isn't whether or not -- the
·9· · · · A.· ·Brandon Scherff, along with several other ·9· ·issue is how quickly his injury was assessed and the
10· ·white teammates. 10· ·fact that he wasn't forced to play on an injury for
11· · · · Q.· ·Who else were you referring to when you 11· ·a prolonged period of time.
12· ·made the reference to being treated differently than 12· · · · Q.· ·Did you ever hear Coach Doyle use the
13· ·white players other than Brandon Scherff? 13· ·N-word?
14· · · · A.· ·Outside of Brandon Scherff, I would speak 14· · · · A.· ·Yes.
15· ·to Bo Bower and his groin injury.· I would speak to 15· · · · Q.· ·With respect to -- and you heard it with
16· ·just the way in which other players -- other white 16· ·respect to another athlete or with respect to music,
17· ·players were afforded the ability to communicate 17· ·or what was the circumstance that you heard it, if
18· ·their injuries.· They -- the necessity for them to 18· ·you can tell us?
19· ·get back onto the field, the conversations about 19· · · · · · ·MR. DENNIE:· Objection.· Form.· Compound.
20· ·having medicine injected into them to keep them 20· ·Multifarious.
21· ·going, those weren't the conversations that were 21· · · · Q.· ·(By Mr. Stone)· You may answer.
22· ·being had for myself and other black players.· There 22· · · · A.· ·One of the most specific circumstances is
23· ·was a stark difference. 23· ·the weight room in which we were warming up, and I
24· · · · · · ·And when I brought up this issue in the 24· ·heard him use it directed towards Maurice Fleming.
25· ·weight room -- not in the weight room, but in the 25· ·And I remember having to calm Maurice down, because
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·1· ·athletic training room and I asked, "Hey, why ·1· ·he was extremely offended, as were the rest of us
·2· ·doesn't, you know" -- "you know, how did Scherff get ·2· ·black players.· We were extremely offended, but I
·3· ·introduced to the doctor so quickly?" I was quickly ·3· ·told Maurice, "This isn't the forum.· There's" --
·4· ·shushed and moved along and told not to bring it up. ·4· ·"if you want to make it here, there" -- "you have
·5· · · · Q.· ·What doctor were you speaking of that ·5· ·to" -- "you have to make yourself almost unseen in
·6· ·Mr. Scherff got introduced to?· Do you know? ·6· ·that regard.· You can't ruffle those feathers if you
·7· · · · A.· ·I'm not sure. ·7· ·want to make it through" -- "if you want to make it
·8· · · · Q.· ·He experienced a meniscus tear like you ·8· ·through the program."
·9· ·did? ·9· · · · Q.· ·All right.· Were there other instances,
10· · · · A.· ·Correct. 10· ·besides the instance of Maurice Fleming, that you
11· · · · Q.· ·Did he experience it during game day? 11· ·say or that you heard Coach Doyle use the N-word?
12· · · · A.· ·I believe that he tore his meniscus during 12· · · · A.· ·Several.
13· ·a game.· I can't recall. 13· · · · Q.· ·With regard to whom?
14· · · · Q.· ·Do you know he had surgery the following 14· · · · A.· ·It was on a daily basis.· So it's hard to
15· ·Monday or Tuesday? 15· ·isolate just who he said it to exactly.· He would
16· · · · A.· ·It was a pretty quick turnaround for his 16· ·use it in different times either to ridicule or make
17· ·surgery. 17· ·fun of music that we would listen to or make fun of
18· · · · Q.· ·Do you know that he played the next 18· ·movies or players specifically.· It came to the
19· ·Saturday? 19· ·point where we identified it and we -- black --
20· · · · A.· ·He had a pretty quick turnaround for his 20· ·we -- as in black players -- we knew not to give it
21· ·surgery.· It was identified early. 21· ·any more energy than necessary, because getting in
22· · · · Q.· ·And he was a remarkable athlete, who had a 22· ·an argument, in a fight with Doyle was an easy
23· ·remarkable recovery; correct? 23· ·ticket out.
24· · · · A.· ·Absolutely.· And he had remarkable help in 24· · · · Q.· ·When did the incident with Maurice Fleming
25· ·being identified that it was -- that he had an 25· ·take place, if you can recall?

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·1· · · · A.· ·We were in the new complex, I'd like to ·1· · · · Q.· ·Is that something that you heard, or did
·2· ·believe.· I can't quite pinpoint an exact date. ·2· ·you observe it, or were you personally present to
·3· · · · Q.· ·Before your August 2014 surgery, you were ·3· ·hear it?
·4· ·in the new building on a regular basis to lift ·4· · · · A.· ·I heard this from LaRon.
·5· ·weights; is that fair to say? ·5· · · · Q.· ·You didn't observe Mr. Doyle make the
·6· · · · A.· ·Sure. ·6· ·statements that LaRon Taylor conveyed to you; is
·7· · · · Q.· ·And then after August of '14, you were ·7· ·that a fair statement?
·8· ·gone from the facility for at least the three months ·8· · · · A.· ·Yes.
·9· ·you were on the scooter, and then did you start back ·9· · · · Q.· ·Did you hear Coach Doyle use words such as
10· ·after those months beginning to work out in the 10· ·"go back to the ghetto" or words to that effect?
11· ·facility? 11· ·Did you hear those directly?
12· · · · A.· ·I was there throughout the entire time. I 12· · · · A.· ·I heard those words communicated through
13· ·would rehab at the facility as well. 13· ·the players that he said them to.
14· · · · Q.· ·In relationship to your August 2014 14· · · · Q.· ·So your knowledge is through the players
15· ·surgery for the microfracture of your knee, can you 15· ·to whom you believe they were said, told you that
16· ·recall or relate to us whether the incident with 16· ·Coach Doyle had said that?
17· ·Maurice Fleming was before that date or after that 17· · · · A.· ·Correct.
18· ·date?· Do you know? 18· · · · Q.· ·But you weren't present to hear it
19· · · · A.· ·I cannot recall. 19· ·yourself; that's a fair statement?
20· · · · Q.· ·In any event, it was before the 20· · · · A.· ·To the best of my knowledge.
21· ·January 1st, 2016, Rose Bowl; correct? 21· · · · Q.· ·How about the phrase "stupid MF"?· Did you
22· · · · A.· ·That is correct. 22· ·hear Coach Doyle use the phrase in your presence
23· · · · Q.· ·Did you have another specific athlete or 23· ·"stupid MF" directed at some other athlete?
24· ·player that you believed that Coach Doyle used the 24· · · · A.· ·Yes.· That was -- that was common
25· ·N-word directed at? 25· ·vernacular.· That sort of speech towards black
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·1· · · · A.· ·Many things were done in earshot.· So I ·1· ·players was common vernacular.· There -- that was --
·2· ·can't bring another specific point, because it was ·2· ·that was equivalent to breathing, in that
·3· ·on a daily basis.· These -- these weren't isolated ·3· ·environment.· You were going to be ridiculed.· You
·4· ·events as if he only said it once.· This was the air ·4· ·were going to be called a stupid motherfucker.· You
·5· ·of the -- this was the air of the environment that ·5· ·were going to be called any and everything under the
·6· ·we were in with Coach Doyle.· It was going to happen ·6· ·book to dehumanize you, to make you feel less than.
·7· ·at some point. ·7· · · · Q.· ·Were you ever personally threatened by any
·8· · · · Q.· ·And as we sit here today in your ·8· ·coach for losing your scholarship?
·9· ·deposition, the only other player whom you can ·9· · · · A.· ·Personally threatened for losing my ...
10· ·identify that you specifically recall reference of 10· · · · Q.· ·Maybe I didn't state that correctly,
11· ·the N-word to by Coach Doyle, it's fair to say, is 11· ·Mr. Cooper.· Were you ever threatened with the loss
12· ·Maurice Fleming, and the rest of them are just sort 12· ·of your scholarship by any coach for some action or
13· ·of general statements? 13· ·some event, if you know?
14· · · · · · ·MR. DENNIE:· Objection.· Form. 14· · · · A.· ·Not explicitly.· What would happen is, if
15· ·Mischaracterization.· Compound.· Multifarious. 15· ·you were unable to perform your performance to the
16· · · · Q.· ·(By Mr. Stone)· You can answer the 16· ·level in which they wanted from you, your time at
17· ·question, Mr. Cooper. 17· ·the University of Iowa as a black player could be
18· · · · A.· ·To the best of my knowledge at this 18· ·made very short.· You would be put in the doghouse.
19· ·current point. 19· ·From there you would be isolated from team events,
20· · · · Q.· ·Did you hear, in relationship to any other 20· ·team meals, lose access to the weight room,
21· ·player, Coach Doyle use the words "gang" or "gang 21· ·essentially ostracize you from the team, making it
22· ·affiliation" or words about gangs, if you recall? 22· ·to the point in which you no longer had access to
23· · · · A.· ·In relation to LaRon Taylor, I believe 23· ·the facility, to any of the things that members of
24· ·that he made a comment about gangs or being sent 24· ·the team were afforded, until you were essentially
25· ·back to Detroit. 25· ·starved out and you got the message.

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·1· · · · · · ·So throughout my time while playing ·1· ·first amended complaint.· I have put before you
·2· ·injured, I was very aware of that, simply because ·2· ·Exhibit 2, and I'm asking you to look at
·3· ·I've seen it firsthand, as well as I know the ·3· ·Paragraph 22 regarding your participation in the
·4· ·stories from the players in the past and what ·4· ·Iowa football team.· It says "from 2011 through
·5· ·they've told me.· So I was very much aware that my ·5· ·2016."· Do you see that?
·6· ·value stemmed from my ability to contribute ·6· · · · A.· ·Right.
·7· ·physically.· And that's why I feel as though I was ·7· · · · Q.· ·I believe, based on your earlier
·8· ·goaded along into playing while injured to maximize ·8· ·testimony, it would be more accurate to say from
·9· ·what it is that I could produce.· Then they leave ·9· ·2011 through the Rose Bowl of January 1st, 2016, and
10· ·you as a shell with busted knees and not so much as 10· ·perhaps a few days after that.· Is that a more
11· ·a phone call after all the work that you've done, 11· ·accurate statement?
12· ·and there you go. 12· · · · A.· ·Possibly.
13· · · · Q.· ·At any time during the years 2011 through 13· · · · Q.· ·But by your testimony it's also true that
14· ·2015 that you participated in the Iowa football 14· ·no later than your graduation in May of 2016 you
15· ·program, were you ever denied access to the facility 15· ·were finished at the University of Iowa and finished
16· ·for any reason? 16· ·with the Iowa football team; correct?
17· · · · A.· ·No, I was not. 17· · · · A.· ·To the best of my knowledge.
18· · · · · · ·MR. DENNIE:· Counsel, I know you're paused 18· · · · Q.· ·Thank you, sir.
19· ·for a second.· So I was just going to ask -- we're 19· · · · · · ·Did the subject of kneeling for the
20· ·getting pretty close to that 30-minute mark. 20· ·national anthem come up while you were a football
21· · · · · · ·MR. STONE:· That's fine. 21· ·player on the Iowa football team?
22· · · · · · ·MR. DENNIE:· I don't know -- I don't know 22· · · · A.· ·Not that I can recall.
23· ·if you're in a place or not.· So I don't want to 23· · · · Q.· ·Do you know any player who ever got
24· ·disrupt you if you're -- 24· ·punished for participating in a political activity
25· · · · · · ·MR. STONE:· No.· We can stop. 25· ·while you were an Iowa football player?
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·1· · · · · · ·MR. DENNIE:· -- asking another question. ·1· · · · A.· ·While at Iowa we were told to keep our
·2· · · · · · ·MR. STONE:· What time can we resume?· Can ·2· ·political beliefs to ourselves.· So I didn't know of
·3· ·we resume at 1:00 p.m. Central, 2:00 p.m. Eastern? ·3· ·any players that were -- that were permitted to
·4· ·53 minutes, does that give us enough time? ·4· ·express their political beliefs outright.· It was
·5· · · · · · ·MR. DENNIE:· That's -- that's fine with ·5· ·team first.
·6· ·me.· Darian, everybody else, does 1:00 Central, 2:00 ·6· · · · Q.· ·Were you personally suppressed in your
·7· ·Eastern -- ·7· ·view from any political activity or potential
·8· · · · · · ·MR. PETRAZELEK:· Works for me. ·8· ·demonstration that you wanted to go participate in?
·9· · · · · · ·THE WITNESS:· That works. ·9· · · · A.· ·I was very cognizant of the team rule and
10· · · · · · ·MR. DENNIE:· All right. 10· ·made sure to keep my political beliefs to myself.
11· · · · · · ·MS. MATE-KODJO:· Yeah, that's fine. 11· · · · Q.· ·Mr. Cooper, what social media did you use
12· · · · · · ·MR. DENNIE:· I want to make sure court 12· ·from when you joined the Iowa football team in 2011
13· ·reporting and videographers are okay with that. I 13· ·to present day?· Did you use Facebook, for example?
14· ·mean, does that work for you all? 14· ·Do you have a Facebook account?
15· · · · · · ·REPORTER:· Yes. 15· · · · A.· ·I do.
16· · · · · · ·THE VIDEOGRAPHER:· Yes.· Off the record at 16· · · · Q.· ·And what is your address or name that's
17· ·2:08 p.m [sic]. 17· ·used with your Facebook account?
18· · · · · · ·(A lunch recess was taken from 12:08 p.m. 18· · · · A.· ·I believe it's my first and last name.
19· ·to 1:05 p.m.) 19· · · · Q.· ·Do you have just one Facebook account that
20· · · · · · ·THE VIDEOGRAPHER:· On the record at 20· ·you use?
21· ·1:05 p.m. 21· · · · A.· ·Just one.
22· · · · · · ·REPORTER:· Roger, you're on mute. 22· · · · Q.· ·Do you have an Instagram account?
23· · · · · · ·MR. STONE:· Thank you. 23· · · · A.· ·I do.
24· · · · Q.· ·(By Mr. Stone)· Good afternoon, 24· · · · Q.· ·And how long have you used the Instagram
25· ·Mr. Cooper.· Let me show you Exhibit 2, which is the 25· ·account?

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·1· · · · A.· ·It was probably created towards 2011. ·1· ·are references to your time at the Iowa football
·2· · · · Q.· ·And have you maintained it since that ·2· ·program?
·3· ·time? ·3· · · · A.· ·Correct.
·4· · · · A.· ·Correct. ·4· · · · Q.· ·You have done that?
·5· · · · Q.· ·What is the name or address, or how do we ·5· · · · A.· ·Correct.
·6· ·find you on Instagram? ·6· · · · Q.· ·And have you collected those references,
·7· · · · A.· ·I believe it's Super Cooper 93. ·7· ·sir?
·8· · · · Q.· ·Do you use email also, Mr. Cooper? ·8· · · · A.· ·I have.
·9· · · · A.· ·I do. ·9· · · · Q.· ·About how many pages are there?
10· · · · Q.· ·Do you regularly communicate with persons 10· · · · A.· ·I'm not sure.
11· ·using email? 11· · · · Q.· ·Have you produced those in this
12· · · · A.· ·Correct. 12· ·litigation?· Do you know?
13· · · · Q.· ·What email address do you use when you use 13· · · · A.· ·Not to my knowledge.
14· ·your email? 14· · · · Q.· ·Do you know why not?
15· · · · A.· ·It would depend on what the conversation 15· · · · A.· ·I believe that I presented the information
16· ·pertains to. 16· ·to counsel.
17· · · · Q.· ·Can you tell me the different email 17· · · · · · ·MR. DENNIE:· And, Counsel, just so we're
18· ·addresses you have. 18· ·clear, this is what the email exchange was about
19· · · · A.· ·I have work-related emails, a personal 19· ·yesterday that we sent you.
20· ·email. 20· · · · · · ·MR. STONE:· All right.· So as I understand
21· · · · Q.· ·I'm not really concerned about your 21· ·it, Mr. Dennie, there will be further production of
22· ·work-related, sir.· What is your personal email? 22· ·information, and we can discuss whether we need any
23· · · · A.· ·That would be Darian, dot, Cooper, the 23· ·further deposition of those items that are to be
24· ·letter S, as in Sam, the letter C, as in Charlie, at 24· ·produced; is that a fair statement?
25· ·Gmail.com. 25· · · · · · ·MR. DENNIE:· Yeah.· We intend -- we intend
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·1· · · · Q.· ·Thank you.· Do you use other methods of ·1· ·to produce them, but as I indicated in the email,
·2· ·social media?· Do you use Twitter, for example? ·2· ·they had just recently been produced -- as you know,
·3· · · · A.· ·I have. ·3· ·we were all in depositions yesterday -- and are
·4· · · · Q.· ·When did you begin using Twitter? ·4· ·trying to format those in a way to where they can be
·5· · · · A.· ·After graduating from the University of ·5· ·produced.
·6· ·Iowa.· And while there, we weren't permitted to use ·6· · · · · · ·MR. STONE:· All right.· Thank you.
·7· ·Twitter. ·7· · · · Q.· ·(By Mr. Stone)· I'll move on, Mr. Cooper.
·8· · · · Q.· ·What is your address or name that's used ·8· ·Thank you.
·9· ·on Twitter? ·9· · · · · · ·Mr. Cooper, was Maurice Fleming and
10· · · · A.· ·It might be Super Cooper 93.· It might be 10· ·Kevonte Martin-Manley in the Iowa football program
11· ·the same tag. 11· ·at the same time as you?
12· · · · Q.· ·Any other social media platforms or apps 12· · · · A.· ·I believe so.
13· ·that you use, Mr. Cooper? 13· · · · Q.· ·And did they complete their participation
14· · · · A.· ·I use GroupMe.· I've used Snapchat.· Used 14· ·in the Iowa football program at the same time that
15· ·a few. 15· ·you completed yours, approximately, meaning with the
16· · · · Q.· ·Do you have a name or address on Snapchat? 16· ·Rose Bowl of January 1st, 2016, or a few days or
17· · · · A.· ·Not that I can recall.· It's been a while 17· ·weeks after that time?
18· ·since I've used it. 18· · · · A.· ·I don't believe Kevonte was on the team
19· · · · Q.· ·Have you gone back and reviewed your past 19· ·during the Rose Bowl.· And I believe "Reece" may
20· ·messages or collected your past messages in any way? 20· ·have departed from the team prior to the Rose Bowl.
21· · · · · · ·MR. DENNIE:· Objection.· Vague and 21· · · · Q.· ·I asked you a series of questions about
22· ·ambiguous. 22· ·Coach Brian Ferentz and Coach Doyle about certain
23· · · · Q.· ·(By Mr. Stone)· Well, let me ask it this 23· ·topics, and I just wanted to cover those same
24· ·way, Mr. Cooper:· Have you gone back through your 24· ·questions with you related to Kirk Ferentz.· Did
25· ·social media messages to see references or if there 25· ·Kirk Ferentz ever say anything to you specifically

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·1· ·about your hair? ·1· ·tell me that "He doesn't get it.· He's not
·2· · · · A.· ·Not that I can recall. ·2· ·necessarily an Iowa guy," and would request that I
·3· · · · Q.· ·Did Kirk Ferentz ever say anything ·3· ·have conversations with him about assimilating into
·4· ·specifically to you about tattoos? ·4· ·Iowa culture.
·5· · · · A.· ·Not that I can recall. ·5· · · · Q.· ·And when was that conversation or those
·6· · · · Q.· ·Kirk Ferentz ever say anything to you ·6· ·conversations, if you can tell us, Mr. Cooper?
·7· ·specifically about clothing? ·7· · · · A.· ·I want to say that was towards Akrum's
·8· · · · A.· ·There were team dynamics and team rules ·8· ·freshman -- possibly freshman year.· I want to say
·9· ·which were in place, and I don't believe they -- ·9· ·about that time.
10· ·that were in place that seemed to target African 10· · · · Q.· ·Did you personally think Akrum Wadley was
11· ·American players specifically in relation to 11· ·experiencing any difficulties in adjusting to the
12· ·jewelry, in relation to the wearing of earrings. 12· ·Iowa football program at the time he was a newcomer
13· ·Outside of that, nothing to me directly. 13· ·or a first-year participant?
14· · · · Q.· ·Did Kirk Ferentz ever say anything to you 14· · · · A.· ·With many black players, there's a period
15· ·specifically about your diction or pronunciation of 15· ·of transition in which the way -- the way in which
16· ·words? 16· ·you speak, the way in which you act, growing up
17· · · · A.· ·Not to my knowledge. 17· ·around other people of color like yourself, there's
18· · · · Q.· ·Did Kirk Ferentz ever say anything to you 18· ·a stark difference between that and the Iowa
19· ·about the way you walked? 19· ·culture, and some players have a hard time adjusting
20· · · · A.· ·Not that I can recall. 20· ·to that.
21· · · · Q.· ·Did you make reports to athletic 21· · · · · · ·So one of the reasons that I was told, to
22· ·department administrators about racial 22· ·the best of my knowledge, to have that conversation
23· ·discrimination or harassment or bullying, that you 23· ·with Akrum was to bring him along and to help him
24· ·can recall that you made such reports? 24· ·assimilate into the culture.
25· · · · A.· ·No, I didn't.· Oftentimes -- or easier 25· · · · Q.· ·Did you try out for the NFL or seek to
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·1· ·said, no.· Coach Ferentz is easily the most powerful ·1· ·pursue an NFL career after your experience at the
·2· ·person at the University of Iowa, maybe in the ·2· ·Iowa football team?
·3· ·state, as far as being the highest-paid state ·3· · · · A.· ·I did not.
·4· ·employee, to the point in which he even told us that ·4· · · · Q.· ·Mr. Cooper, I'm not interested in
·5· ·he didn't have to coach us for a year.· He could ·5· ·conversations you may have had with any of the
·6· ·take off the remaining games, and they wouldn't fire ·6· ·lawyers, but I am interested to know who recruited
·7· ·him because of how ironclad his contract is. ·7· ·you to join this lawsuit, if it wasn't a lawyer.
·8· · · · · · ·So it doesn't really leave a lot of room ·8· ·Was there someone other than a lawyer?
·9· ·for any player, for myself or black players to reach ·9· · · · A.· ·No.
10· ·out if we were having an issue.· Who would we report 10· · · · Q.· ·Do you know Mr. Robert T. Green?· Does
11· ·it to?· There's an ironclad contract. 11· ·that name ring any bells with you?
12· · · · Q.· ·Did you make reports of racial 12· · · · A.· ·It doesn't ring any bells.
13· ·discrimination and harassment and bullying to 13· · · · Q.· ·At any time have you attempted to recruit
14· ·coaches such as Chris Doyle, Raimond Braithwaite, or 14· ·additional former players to join this litigation?
15· ·Roger Binns? 15· · · · A.· ·I've asked players to express their
16· · · · A.· ·No, I did not. 16· ·stories, not to join the litigation.
17· · · · Q.· ·Did Kirk Ferentz ever use the N-word, to 17· · · · Q.· ·Who have you talked to about expressing
18· ·your knowledge? 18· ·their stories?
19· · · · A.· ·Not to my knowledge. 19· · · · A.· ·I've had conversations with Jordan Lomax,
20· · · · Q.· ·Did Kirk Ferentz ever discuss or call you 20· ·Carl Davis, Kevonte Martin-Manley, with Jaleel
21· ·or anyone of which you're aware a gang member or 21· ·Johnson, Faith Ekakitie, Tevaun Smith, a multitude
22· ·affiliated with a gang?· Is that anything that you 22· ·of players, Damon Bullock.
23· ·attribute with Kirk Ferentz? 23· · · · Q.· ·Were those conversations all before the
24· · · · A.· ·No.· Coach Ferentz would -- in a more 24· ·time when the first petition was filed on
25· ·specific example dealing with Akrum Wadley, would 25· ·November 12th of 2020?

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·1· · · · A.· ·I can't recall. ·1· ·they weren't able to get it completed, and they were
·2· · · · Q.· ·Did you participate as an interviewee to ·2· ·kicked out of workouts subsequently.
·3· ·the Husch Blackwell law firm in their questioning? ·3· · · · Q.· ·Let me go back to Maurice Fleming.· Do you
·4· · · · A.· ·I'm unfamiliar. ·4· ·know when he cut his hair?· My understanding, he was
·5· · · · Q.· ·Did you give an interview at any time to ·5· ·in the program from 2011 through 2015.· Do you know
·6· ·any lawyers other than your own lawyers here in this ·6· ·when he cut his hair?
·7· ·litigation? ·7· · · · A.· ·I don't recall the exact time in which he
·8· · · · A.· ·I don't recall. ·8· ·cut his hair.
·9· · · · Q.· ·Are you aware of any players being ·9· · · · Q.· ·Was it early in his tenure, as far as you
10· ·punished for singing or dancing or looking funny, if 10· ·know, as a football player at Iowa?
11· ·you know? 11· · · · A.· ·I believe so.
12· · · · · · ·MR. DENNIE:· Objection.· Vague and 12· · · · Q.· ·Can you be more certain?· Was it in his
13· ·ambiguous.· Objection.· Form.· Compound and 13· ·first year at Iowa that he cut his hair, if you
14· ·multifarious as well. 14· ·know?
15· · · · Q.· ·(By Mr. Stone)· You can answer the 15· · · · A.· ·I can only give an approximation. I
16· ·question if you can, Mr. Cooper. 16· ·believe it was early in his career.
17· · · · A.· ·For being punished?· I've seen players 17· · · · Q.· ·Okay.· Thank you.
18· ·ridiculed.· I've seen African American players 18· · · · · · ·And Jamal Overton, when did it happen that
19· ·ostracized for much less than singing and dancing, 19· ·you believe he was excluded from -- was it a
20· ·for -- but yes, I would say that. 20· ·weightlifting session?
21· · · · Q.· ·You would say you have seen them punished 21· · · · A.· ·Correct.
22· ·for singing or dancing or looking funny? 22· · · · Q.· ·Do you know when that occurred?
23· · · · A.· ·Correct. 23· · · · A.· ·That happened in his freshman year, 2011.
24· · · · Q.· ·And can you tell me who? 24· · · · Q.· ·And who excluded him, if you know?
25· · · · A.· ·By looking funny, I imagine that we could 25· · · · A.· ·I believe it was Coach Doyle who actually
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·1· ·also use the notion of hairstyles in which players ·1· ·kicked him out of the workout.
·2· ·were -- it was suggested that they should look more ·2· · · · Q.· ·Do you know this because Jamal Overton
·3· ·like Iowa guys.· And players felt pressured to cut ·3· ·told you, or did you observe it?
·4· ·off their dreads in order to be more of Iowa guys. ·4· · · · A.· ·I was at the workout in which he got
·5· · · · Q.· ·Can you give me some names of people who ·5· ·kicked out.
·6· ·you believe were pressured to cut off their dreads? ·6· · · · Q.· ·Did you overhear their conversation, or
·7· · · · A.· ·Maurice Fleming, one of the first names ·7· ·did you hear Doyle -- Coach Doyle say anything?
·8· ·that come to mind.· I know that a lot of players -- ·8· · · · A.· ·Coach Doyle looked at his hair, said,
·9· ·it was a pretty big deal when we saw him cut his ·9· ·"What the fuck?" then kicked him out of the workout.
10· ·hair, because he was pretty proud of it, but he 10· · · · Q.· ·How about Mr. Derrick Mitchell?· What do
11· ·thought -- he thought it would help him assimilate 11· ·you know of his situation about his hair?
12· ·into Iowa culture a bit more if he looked the part. 12· · · · A.· ·Only that he felt pressure to cut it.
13· · · · Q.· ·Do you know who told him to cut his hair, 13· · · · Q.· ·Do you know when Derrick Mitchell cut his
14· ·if anyone did? 14· ·hair?
15· · · · A.· ·I do not. 15· · · · A.· ·I cannot recall.
16· · · · Q.· ·Anyone else that comes to mind that you 16· · · · Q.· ·Was Derrick Mitchell in the program about
17· ·believe was punished for their hair or looking funny 17· ·the same time you were?
18· ·or singing or dancing? 18· · · · A.· ·Derrick Mitchell was younger than me.· He
19· · · · A.· ·Jamal Overton, who was kicked out of 19· ·was in the -- we did have times in which we
20· ·workouts due to his hair.· We also had Derrick 20· ·intersected.
21· ·Mitchell who was kicked out of a workout due to his 21· · · · Q.· ·So in any event, this haircutting of
22· ·hair.· Again, I don't believe that either of their 22· ·Derrick Mitchell would have been before the Rose
23· ·hair was fully braided or it was in the process of 23· ·Bowl of January 1st, 2016.· Are you able to be any
24· ·being completed, but due to the lack of people who 24· ·more specific than that?
25· ·frankly knew how to braid African American hair, 25· · · · A.· ·That's as specific as I can be at this

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·1· ·current moment. ·1· ·would be likely subjects of the random drug tests.
·2· · · · Q.· ·There's a statement in the complaint -- ·2· ·Can you tell me the names of the black players whom
·3· ·and we can look at if you want to -- about Coach ·3· ·you believe would be experiencing more random drug
·4· ·Ferentz -- Coach Brian Ferentz being elevated to the ·4· ·tests than others?
·5· ·offensive line coach in 2012 and to the offensive ·5· · · · A.· ·Players such as Damond Powell was always
·6· ·coordinator in 2017.· You were gone by 2017; ·6· ·towards the top of that list and, genuinely, black
·7· ·correct? ·7· ·players -- black players, period.· You could almost
·8· · · · A.· ·Correct. ·8· ·assure yourself that it was going to be a few black
·9· · · · Q.· ·Did you have any complaints about Brian ·9· ·players.
10· ·Ferentz being elevated to the offensive line coach 10· · · · Q.· ·There's an allegation about full-speed
11· ·in 2012? 11· ·running at each other.· Did you observe that at any
12· · · · A.· ·I didn't have a complaint in 2012. I 12· ·time when you were a member of the Iowa football
13· ·didn't have a complaint at that time.· I had no 13· ·team from 2011 to 2015?
14· ·prior knowledge of Coach Brian Ferentz other than 14· · · · · · ·MR. DENNIE:· Counsel, can you be more
15· ·what some former players had told me of him. 15· ·specific so we're clear what you're talking about.
16· · · · Q.· ·Were you subject to random drug tests, 16· · · · · · ·MR. STONE:· Sure.
17· ·Mr. Cooper, during the time you were a member of the 17· · · · Q.· ·(By Mr. Stone)· Let me share the screen
18· ·Iowa football program? 18· ·with you, Mr. Cooper.
19· · · · A.· ·Correct. 19· · · · · · ·And I want to turn your attention to
20· · · · Q.· ·Were you ever tested positive for a 20· ·Paragraph 58 of the first amended complaint.· And
21· ·controlled substance that you shouldn't have used? 21· ·take the time -- take a minute, if you would,
22· · · · A.· ·To the best of my knowledge, no. 22· ·Mr. Cooper, and read Paragraph 58.
23· · · · Q.· ·Were you subject to more random drug tests 23· · · · A.· ·(Witness complies.)
24· ·than you thought were appropriate at any time, or do 24· · · · · · ·I've had a chance to review the statement.
25· ·you have any complaint about the application of the 25· · · · Q.· ·All right.· Do you have any personal
Page 123 Page 125
·1· ·random drug tests to you personally? ·1· ·information about the allegation in Paragraph 58?
·2· · · · A.· ·To myself personally, no.· I do know that ·2· · · · A.· ·Not that I can recall.
·3· ·there were black players who were targeted more so ·3· · · · Q.· ·Would you take a look at Paragraph 60,
·4· ·than white players for random drug tests.· There ·4· ·Mr. Cooper, and take a minute to read Paragraph 60
·5· ·were white players in which we knew would never be ·5· ·to yourself, please.
·6· ·drug tested, as opposed to black players who you ·6· · · · A.· ·(Witness complies.)
·7· ·could almost assume, whenever a drug test was ·7· · · · · · ·I've had a chance to review the statement.
·8· ·coming, their name would be on the list. ·8· · · · Q.· ·All right.· We've talked about that
·9· · · · Q.· ·Can you identify for me first who the ·9· ·subject with respect to your own situation.· Are you
10· ·white players were that would never be tested? 10· ·aware of any other African American players who you
11· · · · A.· ·White players who would never be tested, 11· ·believe were ridiculed for their injuries or
12· ·easily they talk about Kevin Ward.· You talk about 12· ·pressured to play while injured under explicit
13· ·players like Austin Blythe.· These people were drug 13· ·threats by coaches, including threats of loss of
14· ·tested far less, if ever, as compared to black 14· ·individual scholarships?
15· ·players. 15· · · · A.· ·Under ridicule, I believe most African
16· · · · Q.· ·I believe you said that some white players 16· ·American players were.· It was the notion of being
17· ·would never be tested.· Do you know anybody who was 17· ·tough, of playing through injuries that was
18· ·a white player who would never be tested? 18· ·resonated, especially to African American players.
19· · · · A.· ·I think I misspoke.· They were tested far 19· ·Notions of being -- you know, a training room baby,
20· ·less -- 20· ·in which, you know, people would hide out in the
21· · · · Q.· ·All right.· And then -- 21· ·training room, were resounded, as well as, you know,
22· · · · A.· ·-- if ever. 22· ·the notion of, you know, if you were in the training
23· · · · Q.· ·Okay.· And then you identified some -- or 23· ·room or you remained injured too long, then you
24· ·you have in your mind some black players who you 24· ·weren't a team guy.· You weren't committed.
25· ·believe that, when the drug tests would come around, 25· · · · · · ·So the pressure to return to play possibly

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·1· ·before you had a chance to fully recover was always ·1· · · · A.· ·That is correct.
·2· ·in play for African American players.· White players ·2· · · · Q.· ·Have you seen any medical providers since
·3· ·didn't have that same sentiment or pressure to be ·3· ·leaving the University of Iowa around the time of
·4· ·propped up and to run back out there. ·4· ·the January 1st, 2016, Rose Bowl for treatment of
·5· · · · · · ·And that's why, as I grew in the program, ·5· ·your injuries besides the one doctor in Illinois you
·6· ·I had a lot of younger African American players come ·6· ·identified?
·7· ·to me about their injuries.· And I would tell them, ·7· · · · A.· ·Correct, I have.· I've been to doctors.
·8· ·"You have to learn the part of your body.· You have ·8· ·I've been pretty transparent in sharing the issues
·9· ·to" -- "you have to learn and be honest with your ·9· ·that I've had with my knees.· Again, it's been
10· ·body and not let the athletic staff and the coaching 10· ·pretty resounding that more than likely I will need
11· ·staff push you through to play yourself into the 11· ·early knee replacements.
12· ·dirt, because you have to live in that body for the 12· · · · Q.· ·Do you have other physical injuries that
13· ·rest of your life.· And they may not see value in 13· ·have resulted from your participating in the Iowa
14· ·your body, you know, after you're done playing, but 14· ·football program other than the knee injuries we've
15· ·you still have to live in that." 15· ·already talked about?
16· · · · Q.· ·Can you identify for us anyone who was 16· · · · A.· ·Yes.· But the knees would be the most
17· ·threatened with the loss of their scholarship for 17· ·severe.
18· ·not playing while injured? 18· · · · Q.· ·What other injuries, if any, have you
19· · · · A.· ·I can't recall. 19· ·received treatment for other than your knees?
20· · · · Q.· ·Mr. Cooper, where are you currently 20· · · · A.· ·No additional injuries.· I haven't
21· ·employed? 21· ·received treatment for any additional injuries.
22· · · · A.· ·I work for the United States Government as 22· · · · Q.· ·What other injuries do you have as a
23· ·a contractor. 23· ·result of participating in the Iowa football program
24· · · · Q.· ·And what do you do? 24· ·that you have not received treatment for?
25· · · · A.· ·I'm a government contractor and program 25· · · · A.· ·Really, emotional damage.· After playing
Page 127 Page 129
·1· ·manager. ·1· ·and feeling so used, I was in a dark place.· Because
·2· · · · Q.· ·In what field or subject, Mr. Cooper? I ·2· ·I committed a lot to the team.· I committed a lot to
·3· ·believe I saw a reference to NOAA. ·3· ·the coaches with the expectation that we were
·4· · · · A.· ·Correct. ·4· ·working towards the same goal, that this was done as
·5· · · · Q.· ·Is that who you contract for? ·5· ·a family and as a unit.· And when I found out
·6· · · · A.· ·That's NOAA.· Correct. ·6· ·that -- that we did not have the same goals and we
·7· · · · Q.· ·And what do you do, sir, as a part of your ·7· ·were not aligned in the same direction, I was truly
·8· ·work?· What work responsibilities or duties do you ·8· ·hurt by that for a while.· And I'm willing to say
·9· ·have? ·9· ·that I was in a state of depression.· I graduated,
10· · · · A.· ·I oversee the implementation and the 10· ·and I was extremely proud of that.· It's what I had
11· ·integration of DAPs, which are delivered algorithm 11· ·set out to do, but I was left with essentially no
12· ·programs or delivered algorithm packages. 12· ·knees.· And so much of my lifestyle had been
13· · · · Q.· ·How long have you worked there, sir? 13· ·dedicated to working out, to training, and it felt
14· · · · A.· ·It's approaching a year. 14· ·as though that was just taken from me.· And that
15· · · · Q.· ·Have you been arrested or have you ever 15· ·left me in a very empty, empty place for a while.
16· ·been convicted of a crime other than perhaps a 16· · · · Q.· ·Have you received any treatment for your
17· ·traffic ticket, Mr. Cooper? 17· ·emotional injury?
18· · · · A.· ·No. 18· · · · A.· ·I have not.· I have an amazing family who
19· · · · Q.· ·Do you have any civil actions that have 19· ·stood by and supported me, who's helped me, friends
20· ·been filed against you or judgments that have been 20· ·and family who have helped pick me up and guide me,
21· ·issued or entered against you? 21· ·who have shown me genuine love and care for me
22· · · · A.· ·Not to the best of my knowledge. 22· ·outside of what I can do on a football field.· That
23· · · · Q.· ·You allege that you have been physically 23· ·has really helped me rise to the position that I'm
24· ·injured as a result of your time in the Iowa 24· ·in now.· It helped reinvigorate me.
25· ·football program; is that correct? 25· · · · Q.· ·Who was your supervisor at Billion Auto in

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·1· ·Iowa City? ·1· ·to be three years removed from high school in order
·2· · · · A.· ·Eli Godbolt. ·2· ·to go to the NFL.
·3· · · · Q.· ·Was he your supervisor for the ·3· · · · · · ·MR. STONE:· Jessi, could you put our
·4· ·approximately two years that you worked at Billion ·4· ·group, including Mr. Ferentz and Mr. Doyle and
·5· ·Auto? ·5· ·Mr. Peterzalek and Mr. Deist, into the breakout
·6· · · · A.· ·Correct. ·6· ·room, or is it available to us?
·7· · · · Q.· ·Were there any other persons that you ·7· · · · · · ·MR. DENNIE:· We're taking a break,
·8· ·reported to besides him? ·8· ·Mr. Stone?
·9· · · · A.· ·Yes. ·9· · · · · · ·MR. STONE:· Yeah.· We -- we're going to
10· · · · Q.· ·Who else did you report to at Billion 10· ·visit for about 5 minutes, maybe 10 minutes, and
11· ·Auto? 11· ·we -- we'll be back after that.· So yeah, please
12· · · · A.· ·It would depend on what car deal I was 12· ·take a break, if you'd like.
13· ·working. 13· · · · · · ·MR. DENNIE:· Okay.
14· · · · Q.· ·Were you asked to leave Billion Auto? 14· · · · · · ·THE VIDEOGRAPHER:· Off the record at
15· ·Were you terminated, or did you leave on your own 15· ·1:47 p.m.
16· ·act? 16· · · · · · ·(A brief recess was taken.)
17· · · · A.· ·I wound up leaving.· I had a -- I had a 17· · · · · · ·THE VIDEOGRAPHER:· On the record at
18· ·situation in which some of my -- some of my work was 18· ·2:06 p.m.
19· ·given to another -- to another coworker.· I had a 19· · · · · · ·MR. STONE:· We're completed with our
20· ·conversation with the -- with the manager in place. 20· ·direct examination of this witness.
21· ·We were unable to come to a resolution.· So we 21· · · · · · ·MR. DENNIE:· Okay.· Does any of your other
22· ·decided to part ways. 22· ·lawyers intend on asking any questions?
23· · · · Q.· ·Let me ask you a couple questions about 23· · · · · · ·MR. STONE:· It's my understanding no, but
24· ·that.· Was it work on which you believed you were 24· ·I'll --
25· ·entitled to compensation or commissions and that 25· · · · · · ·MR. PETRAZELEK:· That is -- that's
Page 131 Page 133
·1· ·those were assigned to someone else? ·1· ·correct.
·2· · · · A.· ·Correct. ·2· · · · · · · · · · · ·EXAMINATION
·3· · · · Q.· ·And you disputed or questioned the ·3· ·BY MR. DENNIE:
·4· ·reassignment of that commission or compensation, and ·4· · · · Q.· ·I have a few questions that I'll ask and
·5· ·that led to your ultimate dissatisfaction and ·5· ·may have to confer with others.
·6· ·decision to leave the company; correct? ·6· · · · · · ·Mr. Cooper, earlier there were some
·7· · · · A.· ·Correct. ·7· ·conversations with counsel about, you know, how you
·8· · · · Q.· ·Who did you talk to who was the manager ·8· ·handled the emotional pain and stress that were
·9· ·that you tried to resolve it with and didn't reach ·9· ·caused during your tenure at the University of Iowa.
10· ·an accord? 10· ·Do you recall those?
11· · · · A.· ·Eric -- I'd like to say that his name may 11· · · · A.· ·I do.
12· ·have been Eric. 12· · · · Q.· ·Now, sir, are you a man of faith?
13· · · · Q.· ·Do you recall his last name, by chance? 13· · · · A.· ·Yes.
14· · · · A.· ·I can't recall his last name. 14· · · · Q.· ·Okay.· And what is your faith?
15· · · · Q.· ·Other than the physical injuries you've 15· · · · A.· ·I'm a Christian.
16· ·described and the emotional injuries that you've 16· · · · Q.· ·Have you had occasions to speak with
17· ·described, do you also suffer from mental injuries? 17· ·anyone in your faith and seek counseling related to
18· ·Are you mentally disabled in any way? 18· ·the emotional trauma and stress that you endured at
19· · · · A.· ·No. 19· ·the University of Iowa as a part of the football
20· · · · Q.· ·You were a high prospect when you came out 20· ·program?
21· ·of high school; is that fair to say, Mr. Cooper? 21· · · · A.· ·I have.· I remember, upon moving back to
22· · · · A.· ·Correct. 22· ·Maryland, being taken to church with my mother,
23· · · · Q.· ·Was it speculative at that time whether 23· ·being introduced to a church family here.· In
24· ·you would be able to achieve playing in the NFL? 24· ·Illinois a few of my fraternity brothers were also
25· · · · A.· ·Correct.· As with all players.· You have 25· ·pastors or members of the church.· So I was

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·1· ·fortunate in having that group of -- that group of ·1· ·as possible.· And I use -- you know, I use my
·2· ·individuals around me who could -- who could assist ·2· ·experience as my testimony.
·3· ·me in kind of rebuilding the pieces that I felt like ·3· · · · Q.· ·Earlier in the deposition, you were asked
·4· ·were just kind of left of me after leaving the ·4· ·some questions about Mr. Doyle's use of the N-word.
·5· ·program.· They gathered around me.· They loved me. ·5· ·Do you recall those?
·6· ·They informed me of the different ways of which, you ·6· · · · A.· ·I do.
·7· ·know, I could improve and better myself.· And I took ·7· · · · Q.· ·There was some overlap there where it
·8· ·that to heart.· And, you know, it was a tough ·8· ·seemed to indicate that Mr. Doyle was using the
·9· ·process, but I feel like they helped move me and ·9· ·N-word on a daily basis.· Is that what you recall,
10· ·make me better because of it. 10· ·that Mr. Doyle used the N-word on a daily basis?
11· · · · Q.· ·Did you have occasions to meet with pastor 11· · · · A.· ·No, he did not use the N-word on a daily
12· ·or members of clergy on a one-on-one or one-on-two 12· ·basis.· But that feeling of racially charged
13· ·basis? 13· ·language, racially discriminatory -- like,
14· · · · A.· ·Absolutely.· Again, I'm fortunate in that 14· ·discriminatory language and verbiage was present on
15· ·a lot of the members of my fraternity happened to be 15· ·a daily basis, to the point where players -- we
16· ·within the clergy or just within the faith.· So 16· ·would call him the warden.· Like, it -- because of
17· ·brotherhood being a major factor, I was invited to 17· ·the way that it felt like he was policing us, the
18· ·church.· I was able to go ahead and lead several 18· ·way that it felt like, you know, he was being so
19· ·different events when it came to community service 19· ·overbearing on us that -- it made it a genuinely
20· ·and really -- and really getting back centered to 20· ·uncomfortable workplace.
21· ·who it is that I truly was. 21· · · · Q.· ·So is it fair to say that Mr. Doyle was
22· · · · Q.· ·Did you have occasions to have meetings 22· ·using words, language, and action on a daily basis
23· ·with pastor or members of clergy to expressly 23· ·that was racially discriminatory and negative
24· ·discuss how you felt and how you were coping with 24· ·towards African Americans?
25· ·and dealing with the trauma that you endured during 25· · · · A.· ·Correct.
Page 135 Page 137
·1· ·your time at the University of Iowa as a member of ·1· · · · Q.· ·Have you seen Kirk Ferentz make a
·2· ·the football team? ·2· ·statement that he had a blind spot?
·3· · · · A.· ·I did.· We spoke about, you know, how I ·3· · · · A.· ·I have.
·4· ·felt used, but that I was greater than just my body, ·4· · · · Q.· ·Explain to the jury what the oversight of
·5· ·that, you know, I was a man, and you have to respect ·5· ·a head football coach at a major Division 1
·6· ·me for my mind as well.· So those were just factors ·6· ·institution is like.
·7· ·that -- those conversations assisted me in moving ·7· · · · A.· ·You're responsible for the program.
·8· ·forward and provided me with some closure. ·8· ·People are reporting to you directly.· So if there
·9· · · · Q.· ·Did you also discuss the racially negative ·9· ·was an oversight, it's by choice.· Coach Doyle
10· ·and discriminatory environment that you endured at 10· ·was -- Coach Doyle, in many respects, was Coach
11· ·the University of Iowa? 11· ·Ferentz's right-hand man, to the point where people
12· · · · A.· ·Absolutely. 12· ·felt as though Coach Doyle was second in command at
13· · · · Q.· ·If you can estimate, approximately how 13· ·the Univ- -- like, on the football team, that it
14· ·many meetings did you have with pastors and members 14· ·went Coach Ferentz to Coach Doyle, and that's the
15· ·of clergy for treatment or sessions to discuss your 15· ·order of hierarchy.· So there wasn't a blind spot.
16· ·trauma that you endured at the University of Iowa as 16· ·It was a choice.· It was a choice not to act.
17· ·a member of the football team? 17· · · · Q.· ·Did Coach Kirk Ferentz and Coach Doyle
18· · · · A.· ·I couldn't -- I couldn't put a number on 18· ·work out together?
19· ·it.· Simply because to this day I continue to have 19· · · · A.· ·Daily.· So Coach Ferentz would be in the
20· ·conversations, and I continue to -- I continue to 20· ·weight room running, working out every morning,
21· ·have these conversations with members, you know, of 21· ·alongside Coach Doyle.· They were workout buddies as
22· ·my church family, of my fraternal family, because 22· ·well.
23· ·they have kids.· They have sons who are going 23· · · · Q.· ·Was one of Kirk Ferentz's major
24· ·through this process, and I want them to be as 24· ·philosophies preaching responsibility?
25· ·informed about what it is that they're getting into 25· · · · A.· ·I wouldn't be surprised if it was.· It was

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·1· ·very in line with who he is. ·1· ·termination?
·2· · · · Q.· ·Would you tend to describe Kirk Ferentz as ·2· · · · A.· ·Absolutely.
·3· ·a coach that's on top of the program? ·3· · · · Q.· ·Did you ever -- during your tenure at the
·4· · · · A.· ·100 percent.· He probably has one of the ·4· ·University of Iowa, ever hear or see a professor
·5· ·best memories that I've ever -- that I've come into ·5· ·refer to a student as the N-word?
·6· ·contact with as far as remembering dates, time, ·6· · · · A.· ·No.
·7· ·weather, down to the point where he could tell ·7· · · · Q.· ·Would you expect if a professor at the
·8· ·people what moment to watch on a piece of film.· If ·8· ·University of Iowa used the N-word in the presence
·9· ·you were following a certain play -- like, if we ·9· ·of an African American student, that they should be
10· ·were looking at a certain tape, he'd be like, "Hey, 10· ·terminated?
11· ·scroll to this minute in the game." 11· · · · A.· ·Absolutely.
12· · · · Q.· ·Have you ever seen Kirk Ferentz take 12· · · · Q.· ·During your tenure at the University of
13· ·notes? 13· ·Iowa as a student, did you ever hear or see or be a
14· · · · A.· ·All the time. 14· ·part of any situation where a professor referred to
15· · · · Q.· ·Would you call Kirk Ferentz a copious 15· ·a student as a bitch?
16· ·notetaker? 16· · · · A.· ·Never.
17· · · · A.· ·Meticulous. 17· · · · Q.· ·You think if a student was referred to as
18· · · · Q.· ·Have you there in your five-year tenure at 18· ·a bitch by a professor, that that professor should
19· ·the University of Iowa -- ever recall situations 19· ·be terminated?
20· ·where Kirk Ferentz would refer to notes from other 20· · · · A.· ·Absolutely.
21· ·years? 21· · · · Q.· ·During your tenure at the University of
22· · · · A.· ·Yes. 22· ·Iowa, did you ever see or be involved in a situation
23· · · · Q.· ·Would it be odd to you that in this 23· ·where a professor referred to a student as a pussy?
24· ·lawsuit none of Kirk Ferentz's notes have been 24· · · · A.· ·Never.
25· ·turned over? 25· · · · Q.· ·If that kind of language was used towards
Page 139 Page 141
·1· · · · A.· ·That'd be pretty odd, yes. ·1· ·a student, do you believe they should be terminated?
·2· · · · Q.· ·Have you -- if you watch him here today, ·2· · · · A.· ·Absolutely.
·3· ·he's taking notes today; correct? ·3· · · · Q.· ·During your tenure at the University of
·4· · · · A.· ·Seems so. ·4· ·Iowa as a student, did you ever see or hear a
·5· · · · Q.· ·Not now, but he's been taking notes all ·5· ·situation where a professor told a student they
·6· ·day.· Have you seen that on the video? ·6· ·needed to go back to the ghetto?
·7· · · · A.· ·I have. ·7· · · · A.· ·Never.
·8· · · · Q.· ·Did you ever get into situations or have ·8· · · · Q.· ·Do you think if that kind of language was
·9· ·text communications with Coach Doyle? ·9· ·used by a professor, that they would likely be
10· · · · A.· ·Very seldom, but yes. 10· ·terminated?
11· · · · Q.· ·In your experience as an Iowa football 11· · · · A.· ·Absolutely.
12· ·student athlete for five years, is there any way for 12· · · · Q.· ·When you hear those kind of words used
13· ·anyone that's an administrator or coach at the 13· ·towards a person that's between the age of 18 and
14· ·University of Iowa to say they had no idea that 14· ·22, how does that make you feel?
15· ·there was a racially discriminatory environment 15· · · · A.· ·It hurts.· Because, for one, you know that
16· ·within the football program? 16· ·these people could only use this sort of language in
17· · · · A.· ·I wouldn't believe anybody to say that. 17· ·this specific setting.· They only feel comfortable
18· ·There's no way that somebody wouldn't know. 18· ·and protected to use that sort of language in this
19· · · · Q.· ·During your tenure as a student at the 19· ·setting, because they're going to hold your hopes
20· ·University of Iowa, did you ever have a professor 20· ·and dreams over your head.· They hold this proposed
21· ·call you a stupid motherfucker? 21· ·opportunity over your head and use it as leverage to
22· · · · A.· ·No. 22· ·treat you any sort of way under the guise of Iowa
23· · · · Q.· ·Do you think that would be frowned upon? 23· ·culture, being an Iowa guy, but they know that it's
24· · · · A.· ·Absolutely. 24· ·wrong.· They know that if you were to go into any
25· · · · Q.· ·Do you think that would be cause for 25· ·board room, you were to go into any job, any place

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·1· ·outside of that football complex at the University ·1· ·and it meant the world to me.
·2· ·of Iowa, that language wouldn't be accepted.· The ·2· · · · Q.· ·How did walking into a racially
·3· ·way that they're treating us wouldn't be accepted. ·3· ·discriminatory and hostile environment every day at
·4· ·But -- because we're taught to keep everything ·4· ·the football facility affect your ability to seek
·5· ·in-house, it's our business.· And we know that, A, ·5· ·that education that you held in such high regard?
·6· ·if we were to raise these sort of issues, that we'd ·6· · · · A.· ·For one, you would be -- I would be so
·7· ·be terminated.· We'd be removed from the program. ·7· ·drained just from the notion of knowing that I had
·8· ·And with no assistance to help you move forward, ·8· ·to go there and deal with BS, that I had to deal
·9· ·where are you left? ·9· ·with some form or another of harassment, I had to
10· · · · Q.· ·You talked earlier about your role in the 10· ·deal with Doyle, I had to somehow make it through
11· ·leadership council and books that you were required 11· ·just so I can go on to the next step, making you
12· ·to read; right? 12· ·numb at points.· It's to the point where the joy of
13· · · · A.· ·Uh-huh. 13· ·the game has been removed.· It's no longer about the
14· · · · Q.· ·Is that yes? 14· ·team.· You have it to the point where players are
15· · · · A.· ·Yes. 15· ·pointing fingers at other players and telling on
16· · · · Q.· ·Were those books in large part about 16· ·each other.· It's -- it's the coaches trying to sew
17· ·psychology? 17· ·discord within the team to the point that you -- you
18· · · · A.· ·Yes. 18· ·almost have to isolate yourself so you can't make a
19· · · · Q.· ·Was Chris Doyle in a position of power 19· ·mistake.· And the only people that I found real
20· ·over football student athletes? 20· ·camaraderie and comfort with were the other black
21· · · · A.· ·Correct. 21· ·players who experienced the same thing that I was
22· · · · Q.· ·Was Brian Ferentz in a position of power 22· ·experiencing.
23· ·over student athletes? 23· · · · Q.· ·Did being a football player at the
24· · · · A.· ·Absolutely. 24· ·University of Iowa make getting the education you
25· · · · Q.· ·Was Kirk Ferentz in a position of power 25· ·held in such regard harder?
Page 143 Page 145
·1· ·over student athletes? ·1· · · · A.· ·Absolutely.· Having the 6:00 a.m. lifts
·2· · · · A.· ·Correct. ·2· ·and 8:00 a.m. class and trying to communicate that
·3· · · · Q.· ·Did Kirk Ferentz ever talk to the team ·3· ·to specific teachers.· You receive your football
·4· ·about his role and power within the state of Iowa? ·4· ·schedule before you receive -- you receive a
·5· · · · A.· ·Absolutely.· He told us how ironclad his ·5· ·schedule with all of your football times blacked
·6· ·contract was and that he didn't have to coach us for ·6· ·out.· Then you have to make sure that your classes
·7· ·the remainder of a season, and they still couldn't ·7· ·fit within that schedule.· So say that you want to
·8· ·fire him. ·8· ·pursue a different -- a different sort of path of
·9· · · · Q.· ·Did he ever discuss that he was the most ·9· ·study, well, if it doesn't correlate with the
10· ·powerful person at the University of Iowa in your 10· ·football schedule, what are you to do?· You don't
11· ·presence? 11· ·have that option.· You're told -- you're
12· · · · A.· ·It was -- it was established that he was 12· ·suggested -- or there are majors that make it more
13· ·the highest paid state employee. 13· ·friendly and accessible to the football schedule for
14· · · · Q.· ·Explain to the jury how important an 14· ·black players, but if you're a white player, you
15· ·education was to you. 15· ·might get a golf cart ride off of the field, you
16· · · · A.· ·It was extremely important.· My mother, 16· ·know, to your next class.· So ...
17· ·prior to me going to college, always let me know, 17· · · · Q.· ·Was accountability a big part of what was
18· ·"Do not let these people use your body and not 18· ·preached within the confines of the Iowa football
19· ·stimulate your mind."· So I knew that I had to leave 19· ·facility?
20· ·with a degree.· I -- that was an objective of mine. 20· · · · A.· ·That's correct.
21· ·I knew that I had to leave with a degree for my 21· · · · Q.· ·Have you seen in this case responses to
22· ·sake, for my family's sake.· Being the first man in 22· ·various documents where the University of Iowa
23· ·my family to leave -- to have a college degree meant 23· ·denies any wrongdoing of any kind in this lawsuit?
24· ·so much to me, and it set the precedence for my 24· · · · A.· ·Correct.
25· ·younger brother to go on and pursue his education, 25· · · · Q.· ·Do you believe the University of Iowa and

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·1· ·the administrators have taken accountability for ·1· · · ·WADLEY, ET AL. V. UNIVERSITY OF IOWA, ET AL.
·2· · · · · · · · · · · DARIAN COOPER
·2· ·their actions?
·3· · · · · · · · · · · · ·3/23/22
·3· · · · A.· ·Absolutely not.· I believe they're ·4· · · · · · · · · ·WITNESS ERRATA SHEET
·4· ·protecting their investment -- ·5· ·Indicate changes you want to make below, including
·5· · · · · · ·MR. DENNIE:· Pass the witness. · · ·page number, line number, the text as shown in the
·6· · · · A.· ·-- into the football program.
·7· · · · · · ·MR. DENNIE:· I said I'll pass.· Anything ·7· ·Smith to Smythe, incorrect spelling.
·8· ·further, Mr. Stone? ·8· ·Page· ·Line· ·Change what to what· · · Reason
·9· · · · · · ·MR. STONE:· Oh, nothing further.· Thank · · ·____________________________________________________
·9
10· ·you.
10
13 13
14 14
15
15 16
16 17· ·I have read my examination under oath and have noted
17 · · ·any changes I wish to make to it above.· Signed and
18 18· ·dated this ____ day of _________, 2022.
19
19
· · ·_____________________
20 20· · ·WITNESS SIGNATURE
21 21
23· ·_________, 2022.
23
24
24 · · ·_____________________
Page 147
·1· · · · · · · · · C E R T I F I C A T E
21· ·action.
22· · · · Dated this 2nd day of April 2022.
23
· · · · · · · · · · · · · ·____________________________
25

Doyle Appx. 254

·3· ·- - - - - - - - - - - - - - - -
·5· ·and JAVON FOY,· · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
·6· · · · · ·Plaintiffs,· · · · · ·:
· · ·vs.· · · · · · · · · · · · · ·: Case No. 4:20-cv-366
·7· · · · · · · · · · · · · · · · ·:
·9· ·DOYLE,· · · · · · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
10· · · · · ·Defendants.· · · · · ·:
· · ·- - - - - - - - - - - - - - - -
11
12
13
14
15· · · VIDEO-RECORDED DEPOSITION OF JONATHAN PARKER,
18· ·Iowa, commencing at 9:08 a.m., Tuesday, March 29,
19· ·2022.
20
21
22
23
24

Doyle Appx. 255
JONATHAN PARKER· 03/29/2022 Pages 2..5
Page 2 Page 4
·2· ·For the Plaintiffs (via Zoom): ·2· ·WITNESS:· JONATHAN PARKER· · · · · · · · · · · ·PAGE
·3· · · · BMK LAW FIRM PLLC
· · · · · 1910 Washington Street, Suite 100 ·4· ·Examination By Mr. Dennie .......................194
·4· · · · Pella, Iowa 50219 ·5· ·Examination By Ms. Mate-Kodjo ...................199
·5· · · · DAMARIO SOLOMON-SIMMONS, ESQ. ·6· ·Further Examination By Mr. Stone ................215
· · · · · KYMBERLI HECKENKEMPER, ESQ. ·7· ·Further Examination By Ms. Mate-Kodjo ...........220
·6· · · · SOLOMON SIMMONS LAW
·8· ·Further Examination By Mr. Stone ................221
· · · · · 601 South Boulder Avenue, Suite 600-A
·7· · · · Tulsa, Oklahoma 74119 ·9
·8· · · · CHRISTIAN S. DENNIE, ESQ. 10· ·EXHIBITS· · · · · · · · · · · · · · · · · PAGE FIRST
· · · · · KEVIN McILWAIN, ESQ. · · · · · · · · · · · · · · · · · · · · · · · ·REFERENCED
·9· · · · BARLOW GARSEK & SIMON LLP 11· ·2· ·- First amended complaint ....................52
· · · · · 920 Foch Street
10· · · · Fort Worth, Texas 76107 12· ·33· - Parker Iowa football profile ..............107
11· ·For Defendants Ferentz and University of Iowa 13· ·34· - Video clip .................................51
· · ·(via Zoom): 14· ·40· - Video recording of meeting between Parker ..10
12· · · · ROGER W. STONE, ESQ. · · · · · and K. Ferentz
· · · · · SIMMONS PERRINE MOYER BERGMAN PLC
15
13· · · · 115 Third Street Southeast, Suite 1200
· · · · · Cedar Rapids, Iowa 52401 · · ·41· - Parker's objections and answers to .........47
14 16· · · · interrogatories
15· ·For the Defendants (via Zoom): 17· ·42· - Video clip ................................194
· · · · · JEFFREY C. PETERZALEK, ESQ. 18· ·CERTIFICATE OF REPORTER..........................223
16· · · · CHRISTOPHER DEIST, ESQ.
19
17· · · · 1305 East Walnut Street, Second Floor 20· ·Reporter's Note: Exhibits 31 through 41 were marked
· · · · · Des Moines, Iowa 50319 · · ·by counsel prior to the deposition and distributed
18 21· ·to all parties prior.· Video Exhibits 34, 40, and 42
19· ·The Witness (via Zoom): · · ·were retained by counsel.
· · · · · JONATHAN PARKER
20 22
21· ·Videographer (via Zoom): · · ·(ph) indicates a phonetic spelling.
· · · · · AMY COOPER 23· ·[sic] indicates the text is as stated.
22· · · · FIDELITY VIDEO SERVICES, INC. · · ·Quoted text is as stated by the speaker.
23
24
24
25 25
Page 3 Page 5
·1· · · · · · A P P E A R A N C E S (continued) ·1· · · · · · · · · P R O C E E D I N G S
·3· · · · MARCEL JOLY, Plaintiff
·3· ·March 29th, 2022, and the approximate time is
· · · · · DARIAN COOPER, Plaintiff ·4· ·9:08 a.m., Central Time.· This begins the video
·4· · · · KIRK FERENTZ, University representative ·5· ·deposition of Jonathan Parker requested by the
· · · · · RAIMOND BRAITHWAITE, University representative ·6· ·defense in the matter of Akrum Wadley, et al.,
·5· · · · CHRISTOPHER DOYLE, Defendant
·7· ·plaintiffs, versus University of Iowa, et al.,
· · · · · AUDRA DRISH, Attorney General's Office
·6· · · · EMMA WEINBERG, Solomon Simmons Law
·8· ·defendants, in the United States District Court for
· · · · · KATIE NARVESON, Simmons Perrine ·9· ·the Southern District of Iowa, Central Division,
·7 10· ·Case No. 420-cv-366.· This deposition is being held
·8 11· ·via Zoom videoconference in remote locations.
·9
12· · · · · · ·My name is Amy Cooper, certified legal
10
11
13· ·videographer of Fidelity Video Services,
13 15· · · · · · ·Counsel will please identify themselves
14 16· ·for the record.
15
17· · · · · · ·MR. STONE:· Roger Stone for Brian Ferentz,
16
17
18· ·and I'm associated with the University of Iowa.
18 19· · · · · · ·MR. DENNIE:· Christian Dennie.· I'll be
19 20· ·representing Jonathan Parker today.
20 21· · · · · · ·THE VIDEOGRAPHER:· The oath will now be
21
22
23
23· ·reporter of Susan Frye Court Reporting, Des Moines,
24 24· ·Iowa.
25 25

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·1· · · · · · · · · · ·JONATHAN PARKER, ·1· ·issues that we all experienced to help me bring
·2· ·a Plaintiff, being first duly sworn by the certified ·2· ·me -- or to help remind me of anything that I could
·3· ·shorthand reporter, testified under oath as follows: ·3· ·remember, because it was so long ago.· So I spoke
·4· · · · · · · · · · · ·EXAMINATION ·4· ·with past teammates.· I reviewed old photographs
·5· ·BY MR. STONE: ·5· ·that could bring me back to memory about certain
·6· · · · Q.· ·Good morning, Mr. Parker.· My name's Roger ·6· ·occasions.· And that was pretty much the extent of
·7· ·Stone.· Have you had your deposition taken ·7· ·my review or preparation.
·8· ·previously? ·8· · · · Q.· ·What former players did you visit with?
·9· · · · A.· ·I have not. ·9· · · · A.· ·I visited with Aaron Mends, Akrum Wadley,
10· · · · Q.· ·You're entitled to have questions that you 10· ·Marcel Joly, Maurice Fleming, Andre Harris.· I spoke
11· ·hear and understand, and if you do not hear me or if 11· ·with -- I forget one of the teammate's name.· We
12· ·my question is confusing, will you stop me and ask 12· ·used to call him a nickname, but that's all I can
13· ·me to repeat it or clarify it, please? 13· ·remember for now.
14· · · · A.· ·Yes. 14· · · · Q.· ·What was the nickname of the person that
15· · · · Q.· ·I'm going to assume that if you answer a 15· ·you spoke with?
16· ·question, it's a question that you heard and that 16· · · · A.· ·I personally called him Bud.· And this was
17· ·you understood.· Is that a fair assumption for 17· ·a white guy, actually.
18· ·today's deposition? 18· · · · Q.· ·Anything else you've done to prepare for
19· · · · A.· ·Yes. 19· ·today's deposition that you've not yet told me?
20· · · · Q.· ·You're entitled to take breaks, and you 20· · · · A.· ·Not that I can recall.
21· ·can tell us that you'd like to take a break.· The 21· · · · Q.· ·Are there any reasons known to you today
22· ·only thing I ask is if you'll finish the answer if 22· ·that you cannot give full and complete answers to
23· ·there's a question pending at the time that you 23· ·the questions I have?
24· ·request a break.· Is that a fair rule for today? 24· · · · A.· ·Outside of not remembering everything
25· · · · A.· ·Yes. 25· ·exactly by date and time, I believe -- believe not.
Page 7 Page 9
·1· · · · Q.· ·Do you have any health issues or ·1· · · · Q.· ·Where are you located today, Mr. Parker?
·2· ·medication that would make it difficult for you to ·2· · · · A.· ·Located in Quincy, Illinois.
·3· ·give full and complete answers today? ·3· · · · Q.· ·Is there anyone present with you?
·4· · · · A.· ·No. ·4· · · · A.· ·No, there is not.
·5· · · · Q.· ·Did you prepare for today's deposition? ·5· · · · Q.· ·You -- obviously, you have a computer that
·6· ·And I'm not interested in conversations you may have ·6· ·you're logged into the Zoom proceedings today; is
·7· ·had with your lawyers, but did you, for example, ·7· ·that right?
·8· ·review the first amended complaint? ·8· · · · A.· ·That's correct.
·9· · · · A.· ·I did. ·9· · · · Q.· ·Do you have any other computers or
10· · · · Q.· ·Did you review your interrogatory answers? 10· ·communication devices available to you?
11· · · · A.· ·I did. 11· · · · A.· ·I have a cell phone.
12· · · · Q.· ·Did you review any other documents? 12· · · · Q.· ·If you receive any communication or phone
13· · · · A.· ·Not that I can recall. 13· ·messages or texts or other information on your
14· · · · Q.· ·There's a tape recording or a videotape 14· ·computer during -- or on your phone or your computer
15· ·recording of a meeting that you had with Mr. Kirk 15· ·during the time that you're being questioned today,
16· ·Ferentz.· Did you listen to that in preparation for 16· ·will you advise me that you received such a
17· ·today? 17· ·communication, other than from your lawyers?· I'm
18· · · · A.· ·I did. 18· ·not interested in what your lawyers may have said.
19· · · · Q.· ·When did you last listen to it? 19· · · · A.· ·So are you just asking about personal
20· · · · A.· ·Yesterday. 20· ·relationships, if I receive a text --
21· · · · Q.· ·What else did you do to prepare for 21· · · · Q.· ·No.
22· ·today's deposition?· And again, I'm not asking about 22· · · · A.· ·-- or call?
23· ·meetings with your lawyers or conversations with 23· · · · Q.· ·Something about the proceedings we're in
24· ·your lawyers. 24· ·today.· For example, if one of the former players
25· · · · A.· ·I spoke with past teammates on other 25· ·would text you and -- I don't know what they might

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·1· ·say, but if they'd say something like, "Well, tell ·1· ·forwards, and then he got on me about going towards
·2· ·him about this" or "Don't forget about this" or ·2· ·the touchdown -- 'touchdown's the other way.' I
·3· ·"This happened on this date," something like that -- ·3· ·said 'okay, all right, yes, sir,' and all this
·4· ·I want to know if you're getting any help or ·4· ·stuff, and he just kept going on me, start --
·5· ·communication or any outside source of information ·5· ·getting real rude and disrespectful.· And then
·6· ·for any answers to any questions today.· That's what ·6· ·that's when I kind of disrespected him, and I said,
·7· ·I want you to tell me.· Okay? ·7· ·'Well, here, you try,' and I tossed the ball up to
·8· · · · A.· ·Okay. ·8· ·him.· And that's when he got disrespectful again and
·9· · · · Q.· ·Do you have any documents or notes ·9· ·started saying fuck me and 'you know who I am' and
10· ·available to you to help you answer the questions? 10· ·things like that or whatever.· And that was pretty
11· · · · A.· ·No, I do not. 11· ·much it.· Just -- and I didn't say nothing else
12· · · · · · ·MR. STONE:· Okay.· All right.· Counsel, we 12· ·(inaudible).· I looked to him and says -- you know,
13· ·discussed this morning off the record Exhibit 40, 13· ·I wasn't mad.· I said 'all right, yes, sir.'· And I
14· ·which is a tape of a meeting attended by Mr. Parker 14· ·tried to let it be that, but, you know, just he kept
15· ·and Mr. Kirk Ferentz.· We're going to start with 15· ·coming at me.· And I already been just dealing with
16· ·Exhibit 40.· We've discussed having the court 16· ·a lot of stuff.· And that's what it was.
17· ·reporter do the best she can to transcribe it while 17· · · · · · ·"MR. FERENTZ:· Okay.· So in the drill
18· ·it's being played, and then we'll submit Exhibit 40 18· ·you're not supposed to be going backwards; right?
19· ·to her and ask her to make a complete and accurate 19· ·Fair to say?
20· ·copy in the deposition transcript of the recording 20· · · · · · ·"MR. PARKER:· Yeah.· But --
21· ·of Exhibit 40.· Is that agreeable to you? 21· · · · · · ·"MR. FERENTZ:· The idea is to go try to
22· · · · · · ·MR. DENNIE:· Yes, Counsel.· As we said, we 22· ·return the ball?
23· ·understand that audio recordings sometimes are 23· · · · · · ·"MR. PARKER:· Yeah.
24· ·difficult to transcribe depending on how loud they 24· · · · · · ·"MR. FERENTZ:· Okay.· So he corrected you.
25· ·are and sometimes muffled.· So we understand that 25· ·Appropriately or inappropriately, but he corrected
Page 11 Page 13
·1· ·our court reporter may go back and have to listen to ·1· ·you?
·2· ·the audio recording again.· So we're fine with that. ·2· · · · · · ·"MR. PARKER:· Uh-huh.
·3· · · · · · ·MR. STONE:· Thank you. ·3· · · · · · ·"MR. FERENTZ:· And then you flipped the
·4· · · · · · ·All right.· Katie, would you please play ·4· ·ball to him?
·5· ·Exhibit 40. ·5· · · · · · ·"MR. PARKER:· I corrected him back by
·6· · · · · · ·MR. DENNIE:· And, Counsel, just so ·6· ·saying -- well, I thanked him.
·7· ·we're -- are we going to go -- are we going to play ·7· · · · · · ·"MR. FERENTZ:· Okay.
·8· ·the audio recording all the way through first, or ·8· · · · · · ·"MR. PARKER:· Yep.
·9· ·are you going to stop it and ask questions as you ·9· · · · · · ·"MR. FERENTZ:· I wasn't right there, but,
10· ·go? 10· ·you know, appropriate, inappropriate, your actions?
11· · · · · · ·MR. STONE:· No.· I'm going to try to play 11· · · · · · ·"MR. PARKER:· My actions?
12· ·it all the way through and not go back unless for 12· · · · · · ·"MR. FERENTZ:· Flipping him the ball and
13· ·some reason it's absolutely necessary. 13· ·saying, 'You do it,' I mean, do you think it's a
14· · · · · · ·MR. DENNIE:· Okay.· Fair enough.· Thank 14· ·coach's job to return it?· It was your job to return
15· ·you. 15· ·the ball; right?
16· · · · · · ·MR. STONE:· Katie, we're not hearing 16· · · · · · ·"MR. PARKER:· Yeah, it was my job.
17· ·anything.· You're muted.· Does that matter? 17· · · · · · ·"MR. FERENTZ:· Did you do it?
18· · · · · · ·MS. NARVESON:· All right.· I'll try to 18· · · · · · ·"MR. PARKER:· Yeah.
19· ·start over. 19· · · · · · ·"MR. FERENTZ:· You did it the way the
20· · · · · · ·MR. STONE:· Thank you. 20· ·drill -- is the drill supposed to go backwards?
21· · · · · · ·(Video begins.) 21· · · · · · ·"MR. PARKER:· I mean, I'm just giving my
22· · · · · · ·"MR. PARKER:· Coach. 22· ·guys work.· Everybody do it, not only me.· I mean,
23· · · · · · ·"MR. FERENTZ:· (Inaudible.) 23· ·some people get away with it.· Some people just get
24· · · · · · ·"MR. PARKER:· So I was doing the drill, 24· ·caught.· And I got caught --
25· ·and so I just -- I went backwards instead of going 25· · · · · · ·"MR. FERENTZ:· All right.· Are you

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·1· ·supposed trying to go this way? ·1· ·Because, you know, it'll hurt me to sit here if you
·2· · · · · · ·"MR. PARKER:· Yeah.· But we give our guy ·2· ·feel like you don't want me here.
·3· ·(inaudible) -- I mean -- ·3· · · · · · ·"MR. FERENTZ:· Yeah.· I don't know that --
·4· · · · · · ·"MR. FERENTZ:· The idea is to go that way; ·4· · · · · · ·"MR. PARKER:· Not -- not -- let me correct
·5· ·right? ·5· ·that.· Not let me -- not want, but need, need.· You
·6· · · · · · ·"MR. PARKER:· Yeah. ·6· ·know, need.· Because it's easy to just keep somebody
·7· · · · · · ·"MR. FERENTZ:· Okay. ·7· ·around but --
·8· · · · · · ·"MR. PARKER:· Yeah. ·8· · · · · · ·"MR. FERENTZ:· Yeah.
·9· · · · · · ·"MR. FERENTZ:· So did you do that or not? ·9· · · · · · ·"MR. PARKER:· -- I mean, if you don't want
10· · · · · · ·"MR. PARKER:· No. 10· ·me or need me, yeah.
11· · · · · · ·"MR. FERENTZ:· No.· Did you flip the ball 11· · · · · · ·"MR. FERENTZ:· You've done a good job
12· ·to him and tell him -- 12· ·academically.· As far as I know, you haven't done
13· · · · · · ·"MR. PARKER:· Yes, I did.· Yes, I did. 13· ·anything wrong characterwise.· If you have, I'm not
14· · · · · · ·"MR. FERENTZ:· Okay.· Well, I never 14· ·aware of it.· Okay?· If you were, we wouldn't be
15· ·coached returners.· Okay? 15· ·having this discussion.
16· · · · · · ·"MR. PARKER:· Uh-huh. 16· · · · · · ·You know, my concern right now, quite
17· · · · · · ·"MR. FERENTZ:· I did coach the offensive 17· ·frankly, is, yeah, I'm unsure where you fit, and,
18· ·line the majority of my life. 18· ·you know, I thought you'd be further along.· As a
19· · · · · · ·"MR. PARKER:· Uh-huh. 19· ·receiver, I was hoping you would.· I'm not sure you
20· · · · · · ·"MR. FERENTZ:· I never had a guy telling 20· ·are.· I don't know.· I can't predict the future.
21· ·me to do it. 21· ·Okay?· You know Anthony Gair went in third to last
22· · · · · · ·"MR. PARKER:· Uh-huh. 22· ·game of his career, regular season at least, and,
23· · · · · · ·"MR. FERENTZ:· Never one of my players 23· ·you know, we played good defense.· He basically
24· ·ever told me to do it. 24· ·played all three games, I mean, all but, like, two
25· · · · · · ·"MR. PARKER:· Okay. 25· ·plays or three plays in the Michigan game, and then
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·1· · · · · · ·"MR. FERENTZ:· I've corrected a lot of ·1· ·two after that we played really good defense,
·2· ·guys, some of them politely, some not so politely. ·2· ·fifth-year senior.· Okay.
·3· ·Yeah.· But that's the way it goes.· Okay.· So -- ·3· · · · · · ·"MR. PARKER:· Okay.
·4· · · · · · ·"MR. PARKER:· Yeah. ·4· · · · · · ·"MR. FERENTZ:· So I don't want -- I didn't
·5· · · · · · ·"MR. FERENTZ:· But I've never had a player ·5· ·see that coming.· It happened like that.· And then
·6· ·do that.· First of all, I couldn't do it, nor could ·6· ·we had time to think about (inaudible).· So I
·7· ·he.· Okay.· He could return a punt.· I sure as shit ·7· ·(inaudible) him.· I can't see what the future holds.
·8· ·couldn't block a guy in high school, let alone ·8· ·Right now, obviously, you're frustrated, right,
·9· ·college or pros.· That's not the kind of response ·9· ·because you're not getting a lot of work.· Okay?
10· ·we're looking for.· All right?· So that's one issue 10· ·(Inaudible) you're getting screwed.· All right.· Not
11· ·right there. 11· ·only you're not -- it's not that you're not trying.
12· · · · · · ·The bigger issue right now to me -- and I 12· ·It's just it's not happening right now.· So, you
13· ·was planning on talking to you next week or this 13· ·know, that's something you're going to have to tell
14· ·week at some point -- it is this week.· It's Monday. 14· ·us.· You've done a good job academically.· We got
15· ·You know, what are your thoughts right now?· Where 15· ·options if you choose to.· Okay?· You've got your
16· ·are you going?· I know you're not happy.· Okay. I 16· ·degree, which is the most important thing.· Are you
17· ·get that. 17· ·double majoring?· Is that what you're doing --
18· · · · · · ·"MR. PARKER:· Yeah.· I mean -- 18· · · · · · ·"MR. PARKER:· Yeah.
19· · · · · · ·"MR. FERENTZ:· You've done a good job 19· · · · · · ·"MR. FERENTZ:· -- this semester -- this
20· ·academically, and that's to your credit. 20· ·coming semester?· So, you know, it's really -- the
21· · · · · · ·"MR. PARKER:· Yeah.· I mean, I've just 21· ·ball's kind of in your court right now.· But here's
22· ·been trying to continue to work and hope something 22· ·what I don't want and I think part of today is the
23· ·busts through.· But, I mean, if you feel like 23· ·fact that you're frustrated.· Okay?· And I know you
24· ·otherwise, like, if you want me to leave, if I need 24· ·(inaudible) and I get that.· And I kind of commend
25· ·to leave, if that's the case, then let me know. 25· ·you up until today for what you've done.· Okay?

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·1· ·You've done a pretty good, I think, of, you know, ·1· ·didn't -- I didn't --
·2· ·doing what you're supposed to do.· Your heart ·2· · · · · · ·"MR. FERENTZ:· Were you getting the
·3· ·doesn't seem to be in it right now.· That's my ·3· ·ball --
·4· ·impression right now.· And -- ·4· · · · · · ·"MR. PARKER:· I didn't get the job -- I
·5· · · · · · ·"MR. PARKER:· Why do you get that? ·5· ·didn't get the job done.
·6· · · · · · ·"MR. FERENTZ:· I just -- I just do. ·6· · · · · · ·"MR. FERENTZ:· You weren't trying to go
·7· · · · · · ·"MR. PARKER:· Since we -- since we last ·7· ·towards the other goal line, which at some point
·8· ·talked. ·8· ·you're supposed to do in that drill.· Fair for me --
·9· · · · · · ·"MR. FERENTZ:· I just -- I don't see you ·9· · · · · · ·"MR. PARKER:· Yeah.
10· ·fully engaged.· You know, I just don't. 10· · · · · · ·"MR. FERENTZ:· -- to assess that?· Okay.
11· · · · · · ·"MR. PARKER:· As in just making plays 11· · · · · · ·Now, here's the flip -- I don't know who
12· ·or -- 12· ·was coaching that drill.· He shouldn't have been.
13· · · · · · ·"MR. FERENTZ:· Just everything in general. 13· ·All right?· I don't know who was.· That's my fault
14· ·I don't -- I think you're out there.· You work.· I'm 14· ·as a head coach, if we didn't have somebody down
15· ·not saying you're dogging it.· I'm not saying that, 15· ·there coaching the returner.· Then he never would
16· ·but I don't get the sense that you're -- you got 16· ·have got involved.· But he did get involved, and he
17· ·both feet in the circle.· That's just my impression. 17· ·made a correction, which I think's okay.· Now, did
18· ·Yeah.· That's the feelings I get.· It's not 18· ·he do it in a tolerable fashion?· Yeah, maybe not,
19· ·scientific, but that's the feelings I get.· And I'm 19· ·especially since he doesn't coach you one-on-one
20· ·not saying that in a negative way.· I'm just saying 20· ·You know, my preference has always been as a coach
21· ·it -- my sense is, like, you're frustrated, and that 21· ·if it's going to get a little down and dirty, it
22· ·is -- I get that.· And you're allowed to be 22· ·ought to be with a guy that you coach.· Okay?· Which
23· ·frustrated.· What you're not allowed to do is flip a 23· ·he doesn't coach you.· I get that part of it.· Okay?
24· ·ball to a coach and tell him to do it.· You can't do 24· ·But nonetheless, he was trying to get you to do the
25· ·that.· That's -- I don't give a shit how frustrated 25· ·drill the correct way; fair to say?
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·1· ·you are.· That's unacceptable. ·1· · · · · · ·"MR. PARKER:· Yeah.
·2· · · · · · ·"MR. PARKER:· But is that right to let him ·2· · · · · · ·"MR. FERENTZ:· Okay.· And I do know this:
·3· ·disrespect me like that? ·3· ·A player can't flip a coach a ball and say, 'Here
·4· · · · · · ·"MR. FERENTZ:· You know -- ·4· ·you do it.'· Sorry about that.· Okay?
·5· · · · · · ·"MR. PARKER:· He disrespected me before I ·5· · · · · · ·So, you know, it happened.· Should it have
·6· ·flipped the ball to him. ·6· ·happened?· You know, probably not.· It did happen.
·7· · · · · · ·"MR. FERENTZ:· How did he disrespect you? ·7· ·Okay?· And I can't let that go.· That's one thing.
·8· · · · · · ·"MR. PARKER:· He called me out my name. ·8· ·All right?· The bigger picture to me, again, is
·9· ·He called me asshole and everything, for just going ·9· ·going to be what's your plan of action right now,
10· ·backwards, for doing -- 10· ·what your goal is.
11· · · · · · ·"MR. FERENTZ:· That I don't know. 11· · · · · · ·"MR. PARKER:· Okay.
12· · · · · · ·"MR. PARKER:· -- (inaudible). 12· · · · · · ·"MR. FERENTZ:· And I'm not telling you the
13· · · · · · ·"MR. FERENTZ:· I wasn't there to stand 13· ·right answer.· I know this, though -- okay -- if we
14· ·there.· I know this:· You weren't doing what you 14· ·do move forward and you stay here -- okay -- the
15· ·were supposed to doing the drill.· That's all I 15· ·question I have to ask -- and I ask this of seniors
16· ·know.· And you flipped the ball to him and said -- 16· ·every year, fifth-year seniors:· What are you going
17· ·and he's your coach.· Okay?· I'm sorry.· Yeah, I'm 17· ·to do next year if it doesn't work out?· What's your
18· ·sorry. 18· ·(inaudible) last year?· Just like I asked Ryan Ward
19· · · · · · ·"MR. PARKER:· You're right. 19· ·or Steve Ferentz.· I had three seniors that weren't
20· · · · · · ·"MR. FERENTZ:· Were you doing what you're 20· ·playing -- all right -- two of whom still haven't
21· ·supposed to be doing in the drill? 21· ·played.· Anthony did play the last three games, and
22· · · · · · ·"MR. PARKER:· I mean -- 22· ·I'm guessing he enjoyed that a lot more than he did
23· · · · · · ·"MR. FERENTZ:· Yes or no?· You said no a 23· ·the previous nine.· Probably fair to say; right?
24· ·minute ago.· Have you changed your mind on that? 24· · · · · · ·"MR. PARKER:· Uh-huh.
25· · · · · · ·"MR. PARKER:· I mean, I was working, but I 25· · · · · · ·"MR. FERENTZ:· Okay.· So -- but I do know

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·1· ·this:· I didn't have any problems with any of the ·1· · · · · · ·"MR. FERENTZ:· You know who's coming back,
·2· ·three during the course of the year.· And moving ·2· ·you know who isn't, that's for you to size up and
·3· ·forward right now and just -- and I didn't know this ·3· ·all that.· But what happened out there today, right,
·4· ·was going to happen today, but it makes me wonder, ·4· ·wrong, or indifferent -- okay -- he's an offensive
·5· ·you know, Is it going to be all worked out next year ·5· ·coach correcting a drill.· That's what he was doing.
·6· ·if you're not playing? ·6· ·Proper language, improper language -- you know, my
·7· · · · · · ·"MR. PARKER:· Uh-huh. ·7· ·only criticism there and my only critique there and
·8· · · · · · ·"MR. FERENTZ:· You know, what are you ·8· ·what I will talk to him about this, when you coach
·9· ·going to do?· What's your response going to be at ·9· ·somebody else's player, which you are, then, you
10· ·that point if it doesn't?· Okay?· And if there is -- 10· ·know, I'd prefer a little different tone or
11· ·if there is a problem, if there is an issue, then, 11· ·demeanor.· But that still doesn't excuse what you
12· ·yeah, I'm going to have to do something about that, 12· ·did.· Okay?
13· ·and I don't want to.· Just like I didn't want to 13· · · · · · ·"MR. PARKER:· Uh-huh.
14· ·with those three guys I just mentioned.· And there's 14· · · · · · ·"MR. FERENTZ:· And that's how I'll look at
15· ·three other guys the year before, three other guys 15· ·it.· It might be fucked up, but that's how I look at
16· ·the year before.· It's a question I always ask 16· ·it.
17· ·seniors that don't look like they're going to be 17· · · · · · ·"MR. PARKER:· I know.
18· ·starting.· And I have to ask that.· Because it 18· · · · · · ·"MR. FERENTZ:· You're still a player.
19· ·doesn't do any good to have a guy around that's not 19· ·He's still a coach.
20· ·going to be -- not going to be part of the team and 20· · · · · · ·"MR. PARKER:· Yep.
21· ·into it 100 percent. 21· · · · · · ·"MR. FERENTZ:· Okay.· And respect,
22· · · · · · ·"MR. PARKER:· Yeah. 22· ·disrespect, he didn't put his hands on you; correct?
23· · · · · · ·"MR. FERENTZ:· Okay.· So that's just how 23· · · · · · ·"MR. PARKER:· Huh-uh.
24· ·that goes. 24· · · · · · ·"MR. FERENTZ:· Okay.· So he didn't put his
25· · · · · · ·"MR. PARKER:· Okay. 25· ·hands on you, all that stuff.· You know, guys are
Page 23 Page 25
·1· · · · · · ·"MR. FERENTZ:· So that's something for you ·1· ·going to use bad language.· Yeah, I know he does.
·2· ·to think about. ·2· ·Okay?· I know that.· I'm around him a lot.· And to
·3· · · · · · ·"MR. PARKER:· Okay. ·3· ·me I wish he'd use a little bit (inaudible).· Maybe
·4· · · · · · ·"MR. FERENTZ:· All right.· And you have ·4· ·he won't.· Probably got some people to keep him
·5· ·options.· And the ball's in your court on this ·5· ·around in his career.· So I understand -- I
·6· ·thing.· I'm certainly not, you know, shooing you out ·6· ·understand you're frustrated, but you can't flip the
·7· ·of here.· Okay?· And you're in good position ·7· ·ball to him and say, 'Here, you do it.'
·8· ·academically.· So you got options to do whatever you ·8· · · · · · ·"MR. PARKER:· Uh-huh.
·9· ·want.· You know, if you want to go somewhere where ·9· · · · · · ·"MR. FERENTZ:· Again, I've never had that
10· ·you can play and play actively and right away, you 10· ·in how long I've coached.· It's been a while.
11· ·know, I get that.· We just had a guy on campus, 11· · · · · · ·"MR. PARKER:· Okay.
12· ·another guy from Georgia Tech.· (Inaudible) he was 12· · · · · · ·"MR. FERENTZ:· Never had that.· That's
13· ·here a couple weekends ago, a prospect. 13· ·going to cost you four hours of community service.
14· · · · · · ·"MR. PARKER:· Oh, no, I didn't hear. 14· ·Okay?
15· · · · · · ·"MR. FERENTZ:· He's transferring out of 15· · · · · · ·"MR. PARKER:· Okay.
16· ·Georgia Tech, a really good player. 16· · · · · · ·"MR. FERENTZ:· So that's that.· Handle
17· · · · · · ·"MR. PARKER:· Okay. 17· ·that.· Take it.· If you two guys got to talk to each
18· · · · · · ·"MR. FERENTZ:· And bottom line, he's going 18· ·other, if you don't, I really don't care.
19· ·to JMU, because he wants to play.· He don't want to 19· · · · · · ·"MR. PARKER:· Okay.
20· ·sit out next year.· I totally understand that, and I 20· · · · · · ·"MR. FERENTZ:· But you got to coexist.
21· ·was worried about that.· Good player.· Could've got 21· ·Okay?· And I'm going to tell you that.· That's just
22· ·a running back.· So -- but that -- I can't promise 22· ·the way it goes.
23· ·you anything moving forward.· Okay?· I can't promise 23· · · · · · ·"MR. PARKER:· Okay.
24· ·you anything that way. 24· · · · · · ·"MR. FERENTZ:· All right?
25· · · · · · ·"MR. PARKER:· Okay. 25· · · · · · ·"MR. PARKER:· All right.

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·1· · · · · · ·"MR. FERENTZ:· So the rest of it you think ·1· · · · Q.· ·Where was it held?
·2· ·about.· Let me know where we're at on that.· What I ·2· · · · A.· ·In Kirk Ferentz's office.
·3· ·can say is (inaudible) be around here, and you're ·3· · · · Q.· ·Was anyone else present?
·4· ·doing what you're supposed to do, all right, then ·4· · · · A.· ·No.
·5· ·everything's fine.· I got no problem with that. ·5· · · · Q.· ·You reference that Phil Parker talked with
·6· · · · · · ·"MR. PARKER:· Okay. ·6· ·you at some point.· Did you talk with Kirk Ferentz
·7· · · · · · ·"MR. FERENTZ:· You've done a good job ·7· ·the same day you talked with Phil Parker, if you
·8· ·(inaudible).· And I'm sorry it hasn't worked out. ·8· ·know?
·9· ·Just like I'm sorry -- you know, we didn't recruit ·9· · · · A.· ·I don't believe so.
10· ·Ryan Ward to come here -- he's a scholarship player 10· · · · Q.· ·I'm sorry.· You said you believe so?
11· ·too.· We didn't recruit him to sit on the bench.· We 11· · · · A.· ·I do not believe so.
12· ·didn't recruit Anthony to sit on the bench.· But if 12· · · · Q.· ·All right.· So you think there were a few
13· ·you look around, that's part of the reality of 13· ·days between the meeting with Kirk Ferentz and the
14· ·college football, and, you know, I'm sorry about 14· ·incident on the practice field?
15· ·that.· That's the way it goes. 15· · · · A.· ·The Phil Parker incident -- the practice
16· · · · · · ·"MR. PARKER:· Yeah. 16· ·field incident and Phil Parker was on the same day.
17· · · · · · ·"MR. FERENTZ:· Okay.· So not always 17· ·Phil Parker came to speak with me after practice,
18· ·somebody's fault.· All right? 18· ·after he saw the incident.
19· · · · · · ·"MR. PARKER:· Okay. 19· · · · Q.· ·And then to the best of your recollection,
20· · · · · · ·"MR. FERENTZ:· Big picture, again, 20· ·it was some few days or several days after that date
21· ·(inaudible).· You've got your degree.· You're in 21· ·of the incident that you talked with Kirk Ferentz?
22· ·good shape academically.· You've done a good job 22· · · · · · ·MR. DENNIE:· Objection.· Mischaracterizes
23· ·away from the school.· Okay?· If you haven't, then I 23· ·the testimony.· No such testimony was offered.
24· ·sure as shit don't know about it.· So -- 24· · · · Q.· ·(By Mr. Stone)· If you know, Mr. Parker.
25· · · · · · ·"MR. PARKER:· Uh-huh. 25· ·Can you give us your best estimate, please.· That's
Page 27 Page 29
·1· · · · · · ·"MR. FERENTZ:· -- you know, those are the ·1· ·what I'm looking for.
·2· ·two things I worry about the most with anybody, ·2· · · · A.· ·It was in the first -- my best estimate,
·3· ·scholarship, walk-ons, and all that. ·3· ·it was in the first two days or three days after the
·4· · · · · · ·"MR. PARKER:· Okay. ·4· ·incident with Brian Ferentz.· But I do not recall
·5· · · · · · ·"MR. FERENTZ:· Okay? ·5· ·the exact date.
·6· · · · · · ·"MR. PARKER:· Yep. ·6· · · · Q.· ·Is it correct that you recorded the entire
·7· · · · · · ·"MR. FERENTZ:· So -- all right. ·7· ·meeting with Kirk Ferentz, and we just listened to
·8· ·(Inaudible.)· Let me know. ·8· ·the entire meeting?
·9· · · · · · ·"MR. PARKER:· Okay." ·9· · · · A.· ·That is correct.
10· · · · · · ·(Video ends.) 10· · · · Q.· ·And the video actually shows you entering
11· · · · · · ·MR. STONE:· Thank you. 11· ·the meeting and shows the floor of his office and
12· · · · Q.· ·(By Mr. Stone)· Mr. Parker, is Exhibit 40 12· ·shows you exiting the meeting and shows the floor of
13· ·a recording of a meeting that you had with Kirk 13· ·his office again; correct?
14· ·Ferentz, and the recording is one that you made? 14· · · · A.· ·Correct.
15· · · · A.· ·Yes, it is. 15· · · · Q.· ·You knew the meeting was being recorded;
16· · · · Q.· ·Do you know when that meeting occurred 16· ·correct?
17· ·with Mr. Kirk Ferentz? 17· · · · A.· ·Correct.
18· · · · A.· ·I do not recall the exact date. 18· · · · Q.· ·Did Kirk Ferentz know the meeting was
19· · · · Q.· ·Do you know, was it the day of the 19· ·being recorded?
20· ·practice incident that you have described in your 20· · · · A.· ·I don't recall.
21· ·answers to interrogatories, if you know? 21· · · · Q.· ·Did you hear you tell him at any time that
22· · · · A.· ·I do not recall. 22· ·the meeting was being recorded?
23· · · · Q.· ·Can you tell where the meeting was held by 23· · · · A.· ·I did not.
24· ·the video? 24· · · · Q.· ·Before the meeting, did you tell Kirk
25· · · · A.· ·Yes. 25· ·Ferentz you were going to record the meeting?

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·1· · · · A.· ·I did not. ·1· ·record the meeting.
·2· · · · Q.· ·Who did you talk about whether you should ·2· · · · Q.· ·Tell me about his history of doing that.
·3· ·record the meeting?· And I know you weren't ·3· · · · A.· ·So he teaches -- he teaches his players
·4· ·represented by counsel at -- or this counsel at this ·4· ·during interviews to say certain things to make it
·5· ·time, but I'm not interested in any lawyers you ·5· ·look good on him or to take away from that player's
·6· ·talked to in any of my questions, Mr. Parker.· But ·6· ·character.· For example, Akrum Wadley had an
·7· ·can you tell us, did you talk with anyone, other ·7· ·interview, and Coach Ferentz write -- he wrote on a
·8· ·than a lawyer, about whether you should record the ·8· ·notecard exactly what Akrum Wadley should say and
·9· ·meeting? ·9· ·what Akrum Wadley should do if he's asked certain
10· · · · A.· ·So are you asking before I went into my 10· ·questions.· He didn't want Akrum Wadley to
11· ·meeting with Kirk Ferentz, did I ask anyone if I 11· ·necessarily be himself.· I know he had -- when he
12· ·should record that meeting? 12· ·had whole-team meetings for people who was about to
13· · · · Q.· ·Yes. 13· ·have interviews, he talks about certain ways to go
14· · · · A.· ·I do not recall speaking with anyone about 14· ·about answering interview questions and how to dodge
15· ·it. 15· ·certain questions.
16· · · · Q.· ·Do you recall speaking with anyone about 16· · · · Q.· ·Were you ever interviewed about your
17· ·the fact you were going to have that meeting with 17· ·participation in the program by the press or by
18· ·Kirk Ferentz before you had it, other than 18· ·other people?
19· ·Mr. Parker, for example? 19· · · · A.· ·I was.
20· · · · A.· ·I do recall speaking to people about 20· · · · Q.· ·Was that during the time you were
21· ·having a meeting with Kirk Ferentz. 21· ·participating in the program?
22· · · · Q.· ·Who did you talk to before you met with 22· · · · A.· ·That's correct.
23· ·Kirk Ferentz? 23· · · · Q.· ·My understanding is you participated in
24· · · · A.· ·I talked to -- actually I talked to Bobby 24· ·the program from about 2013, when I believe you
25· ·Kennedy, and I talked to my teammates, such as Akrum 25· ·redshirted, until you left the program about
Page 31 Page 33
·1· ·Wadley, Marcel Joly, and I also talked to another ·1· ·January 24th of 2017, thereabouts.· Are those
·2· ·mentor that I have that goes by the name of Corey ·2· ·generally accurate dates?
·3· ·Patterson. ·3· · · · A.· ·I can't recall the exact date, but that is
·4· · · · Q.· ·Anyone else that you can recall that you ·4· ·around the years -- the correct years.
·5· ·talked to about the fact you were going to have a ·5· · · · Q.· ·And at any time were you given any notes
·6· ·meeting with Kirk Ferentz? ·6· ·or instructions about interviews?
·7· · · · A.· ·Not at this time. ·7· · · · A.· ·Yes.
·8· · · · Q.· ·Did any of those people you've mentioned ·8· · · · Q.· ·And who gave you notes or instructions
·9· ·suggest that you record the meeting? ·9· ·about interviews?
10· · · · A.· ·No, not that I can recall. 10· · · · A.· ·Coach Ferentz.· And it usually came down
11· · · · Q.· ·Why did you record the meeting? 11· ·under his assistants.· I forget the job title, but
12· · · · A.· ·I recorded the meeting because Kirk 12· ·it's, like, the diversity, recruitment -- at the
13· ·Ferentz has a history of manipulating people when 13· ·time it was, like, Chic or it was -- I forget -- I
14· ·he's talking to them.· He actually teaches his 14· ·can't remember the other guy's name at this time.
15· ·athletes to manipulate interviews.· So I didn't feel 15· ·But typically his guy who was -- who would assign
16· ·comfortable going into that interview with Kirk 16· ·community service hours or any other player needs,
17· ·Ferentz, knowing my incident with Brian Ferentz had 17· ·he would come and address us or address me at that
18· ·just occurred, and Brian Ferentz being Kirk 18· ·time.
19· ·Ferentz's son.· I really felt intimidated and 19· · · · Q.· ·And that was at a time when it was known
20· ·disrespected, and I know that Coach Ferentz would 20· ·you were going to have an interview with the press
21· ·have said one thing within that meeting and then try 21· ·that -- is it --
22· ·to twist it up later and make it seem like he either 22· · · · A.· ·Yes.
23· ·didn't see the incident or he didn't understand the 23· · · · Q.· ·-- Mr. Chic Ejiasi?
24· ·incident, he didn't hear the incident.· He has a 24· · · · A.· ·If the team was going to be around the
25· ·history of doing that.· So I took it upon myself to 25· ·press and we were, I guess, in the way of possibly

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·1· ·having an interview -- potential interview, then ·1· ·have to hear the video again.
·2· ·yes. ·2· · · · Q.· ·Let me ask you about the incident itself,
·3· · · · Q.· ·They would -- ·3· ·independent of your listening to the tape a few
·4· · · · A.· ·They'd come and speak with certain ·4· ·minutes ago.· Do you recall that when you flipped
·5· ·players. ·5· ·the ball to Brian Ferentz in the end zone, that you
·6· · · · Q.· ·I didn't mean to interrupt you, ·6· ·said or soon said that he should do it himself?
·7· ·Mr. Parker. ·7· · · · A.· ·I do recall an incident in the end zone
·8· · · · · · ·And so they would come and give you tips ·8· ·where I flipped the ball to Brian Ferentz and told
·9· ·about what to do about an interview; is that fair to ·9· ·him that he should do it himself.
10· ·say? 10· · · · Q.· ·What words did you use when you told him
11· · · · A.· ·That is true. 11· ·that he should do it himself?
12· · · · Q.· ·Who requested the meeting that you had 12· · · · A.· ·I said, "If it's so easy, then how about
13· ·with Mr. Kirk Ferentz? 13· ·you try?"· And that came after he kept calling me
14· · · · A.· ·I requested the meeting with Kirk Ferentz. 14· ·out of my name, disrespecting me.· I said numerous
15· · · · Q.· ·How did you do that?· Do you know?· Did 15· ·times, "okay, thank you, and yes, sir."
16· ·you talk to him, or did you talk to somebody else? 16· · · · Q.· ·Did you recall on the tape that you and
17· · · · A.· ·I do not recall. 17· ·Kirk Ferentz talked about what he described as a
18· · · · Q.· ·Before you met with him, did you have any 18· ·bigger issue, was that you did not seem to be happy
19· ·conversation with him about what the subject of the 19· ·as part of the Iowa program?
20· ·meeting was going to be? 20· · · · · · ·MR. DENNIE:· Objection.· Mischaracterizes
21· · · · A.· ·I do not recall.· I believe I just assumed 21· ·the tape and the recording itself.
22· ·he knew what the subject was on. 22· · · · Q.· ·(By Mr. Stone)· Well, do you recall a
23· · · · Q.· ·Can you tell me what communication, if 23· ·conversation with Kirk Ferentz about your
24· ·any, you can recall before you walked into the 24· ·participation in the Iowa program?
25· ·meeting about what the meeting would be about? 25· · · · A.· ·Are you asking prior to this incident?
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·1· · · · · · ·MR. DENNIE:· Objection.· Vague and ·1· · · · Q.· ·No.· I'm talking about the incident in
·2· ·ambiguous.· Counsel, are you referencing ·2· ·Kirk Ferentz's office when you recorded the meeting.
·3· ·communications with Mr. Ferentz or just in general ·3· ·Did you and he discuss your participation in the
·4· ·with anyone? ·4· ·Iowa football program?
·5· · · · Q.· ·(By Mr. Stone)· Well, if you know from ·5· · · · A.· ·We spoke briefly about my participation
·6· ·Mr. Kirk Ferentz that you had any communication, ·6· ·and how he pretty much wanted me to leave the
·7· ·whether in writing or phone or text or something ·7· ·school.· He did not tell me a real reason on why,
·8· ·else before you walked into the meeting, that's what ·8· ·what I had done wrong, how I can get better.· He
·9· ·I'm asking about, Mr. Parker. ·9· ·didn't say anything of that.· Just pretty much
10· · · · A.· ·I do not recall. 10· ·manipulated me into leaving his University.
11· · · · Q.· ·It's correct that, after you showed the 11· · · · Q.· ·He said you had done a good job
12· ·floor of Kirk Ferentz's office where you were 12· ·academically; correct?
13· ·walking into, you put the phone in your pocket; is 13· · · · A.· ·Which was surprising, but correct.
14· ·that fair to say? 14· · · · Q.· ·And he said that characterwise he had not
15· · · · A.· ·Yes. 15· ·heard of any problems related to you; is that true?
16· · · · Q.· ·Did you hear yourself admit on the tape 16· · · · A.· ·That's correct.
17· ·that you were going backwards into the end zone and 17· · · · Q.· ·Did he tell you that he thought you would
18· ·not forward to the other end zone? 18· ·have developed further as a wide receiver by that
19· · · · A.· ·Yes. 19· ·time of the meeting?
20· · · · Q.· ·Did you admit that you flipped the ball to 20· · · · A.· ·Yes.
21· ·Brian Ferentz? 21· · · · Q.· ·Did he tell you that he did not know what
22· · · · A.· ·Yes. 22· ·the future would hold for you as a football player
23· · · · Q.· ·Did you admit on the tape that you told 23· ·at Iowa?
24· ·Brian Ferentz to do it himself? 24· · · · A.· ·Yes.
25· · · · A.· ·I can't remember at this time.· I would 25· · · · Q.· ·Did he tell you that he did not see it

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·1· ·happening right then, meaning he didn't expect you ·1· · · · A.· ·I do not recall that.
·2· ·to play more in the next year than you had in the ·2· · · · Q.· ·You said that Brian Ferentz had
·3· ·previous year? ·3· ·disrespected you and called you an asshole.· Do you
·4· · · · · · ·MR. DENNIE:· Objection.· Mischaracterizes ·4· ·remember those words?
·5· ·the statements on the tape. ·5· · · · A.· ·Yes.
·6· · · · Q.· ·(By Mr. Stone)· Mr. Parker, let me ask it ·6· · · · Q.· ·Do you recall that Kirk Ferentz told you
·7· ·this way:· What impression did you get about what ·7· ·that he did not see the part in practice where you
·8· ·your playing time would be in the next season of ·8· ·were running the drill or you flipped the ball to
·9· ·2017 if you stayed at Iowa and extended your career ·9· ·Brian Ferentz or that he heard you say anything?· Do
10· ·at Iowa? 10· ·you recall him saying that?
11· · · · A.· ·Well, I always hoped to be a starter and 11· · · · A.· ·I do not recall that part.
12· ·have -- have a significant amount of playing time. 12· · · · Q.· ·Do you recall discussing with Kirk Ferentz
13· ·But, I mean, I'm not the coaches.· So I'm not sure 13· ·that he was concerned about your attitude and what
14· ·what they were thinking in their head as far as my 14· ·it would be the next year if you stayed for a fifth
15· ·playing time.· I was just there to, you know, work 15· ·year and did not play?
16· ·hard and do what I needed to do so I could get on 16· · · · A.· ·I recall him stating that.
17· ·the field.· I'm not sure what they -- where they saw 17· · · · Q.· ·Do you agree that that's a legitimate
18· ·me. 18· ·concern of a coach as to what an attitude of a
19· · · · Q.· ·Did Kirk Ferentz tell you that the ball 19· ·fifth-year player might be?
20· ·was in your court about whether you wanted to stay 20· · · · · · ·MR. DENNIE:· I'm going to object to
21· ·or leave the program? 21· ·speculation.· And again, we're talking about a coach
22· · · · A.· ·Yes. 22· ·that's covering for his son.· So this is getting a
23· · · · Q.· ·Did Mr. Kirk Ferentz say to you that to 23· ·little overboard.
24· ·him it seemed that your heart was not in the 24· · · · · · ·MR. STONE:· Well --
25· ·program? 25· · · · · · ·MR. DENNIE:· Go ahead.
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·1· · · · A.· ·He stated that. ·1· · · · · · ·MR. STONE:· -- Mr. Dennie --
·2· · · · Q.· ·Did you disagree with his opinion at that ·2· · · · · · ·MR. DENNIE:· Keep asking these questions.
·3· ·time? ·3· · · · · · ·MR. STONE:· Mr. Dennie, you can make your
·4· · · · A.· ·I did disagree with his opinion at that ·4· ·objection, but I'd appreciate --
·5· ·time. ·5· · · · · · ·MR. DENNIE:· I did.
·6· · · · Q.· ·Did he say that, in his opinion, you were ·6· · · · · · ·MR. STONE:· -- you not coaching the
·7· ·not fully engaged in the program? ·7· ·witness.· You're not permitted --
·8· · · · A.· ·That is correct. ·8· · · · · · ·MR. DENNIE:· I'm not coaching the witness,
·9· · · · Q.· ·He did say that he was not saying you were ·9· ·Counsel.· I mean, this is -- this is utterly
10· ·dogging it.· He said that, didn't he? 10· ·ridiculous.
11· · · · A.· ·May you repeat that. 11· · · · · · ·REPORTER:· One at a time.
12· · · · Q.· ·Sure.· The subject of whether you were 12· · · · · · ·MR. STONE:· You're not permitted to make
13· ·dogging it was addressed, and Kirk Ferentz said he 13· ·speaking objections --
14· ·did not think you were dogging it; correct? 14· · · · · · ·MR. DENNIE:· Thank you.
15· · · · A.· ·What do you mean by "dogging it?" 15· · · · · · ·MR. STONE:· -- Mr. Dennie, and if you
16· · · · Q.· ·Well, did you hear Kirk Ferentz use that 16· ·continue to, we'll call the magistrate and talk to
17· ·word? 17· ·her about it.
18· · · · A.· ·"Dogging"?· Yes.· Actually, yes, he said 18· · · · · · ·MR. DENNIE:· I don't think that's
19· ·that word. 19· ·necessary, Counsel.· Thank you for your comments,
20· · · · Q.· ·Did you understand it when he used the 20· ·though.
21· ·word? 21· · · · · · ·You can answer if you know.
22· · · · A.· ·I don't believe I -- no. 22· · · · Q.· ·(By Mr. Stone)· Do you remember the
23· · · · Q.· ·He used words to the effect that, in his 23· ·question, Mr. Parker?
24· ·opinion, you did not seem to have both feet in the 24· · · · A.· ·May you repeat the question.
25· ·circle.· Do you recall those words? 25· · · · Q.· ·Sure.· I was discussing with you whether

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·1· ·you thought it was a legitimate concern of a head ·1· · · · Q.· ·Yes.· Did you tell Kirk Ferentz that Coach
·2· ·coach about what the attitude of the fifth-year ·2· ·Brian Ferentz had not physically touched you or put
·3· ·senior might be if the senior did not play. ·3· ·his hands on you during the practice incident?
·4· · · · · · ·MR. DENNIE:· I'm going to object as calls ·4· · · · A.· ·I don't recall.
·5· ·for speculation. ·5· · · · Q.· ·As you sit here today and think back on
·6· · · · A.· ·In the right circumstance, it is.· But, ·6· ·the incident, are you -- do you know that Kirk --
·7· ·however, in the matter of this circumstance, I don't ·7· ·that Brian Ferentz did not put his hands on you
·8· ·believe it is, due to the fact that Kirk Ferentz ·8· ·during the incident?
·9· ·never -- Kirk Ferentz never came to me and tried to ·9· · · · A.· ·As I recall the incident, Brian Ferentz
10· ·correct my behavior if I was doing something wrong 10· ·did not put his hands on me.· But he definitely
11· ·on the field.· He never gave me any type of warning 11· ·abused me verbally, and I did fear for my life by
12· ·or any type of advice on how to get better or 12· ·his demeanor.· I definitely thought he was going to
13· ·anything just to better myself as an athlete or as a 13· ·put his hands on me, especially when he took it to
14· ·student in general. 14· ·the point to call me a racial slur.
15· · · · · · ·But I don't understand how that has 15· · · · Q.· ·Did Kirk Ferentz make it clear that you
16· ·anything to do with the case.· It was so much going 16· ·could not flip the ball to a coach and tell a coach
17· ·on as far as the racial slurs that was getting 17· ·to perform a drill?
18· ·called by his son at me, I already felt intimidated 18· · · · A.· ·He stated how a player should not do that.
19· ·and not comfortable going to Kirk Ferentz's room. 19· · · · Q.· ·And you were given four hours of community
20· ·So for him to just flip everything and talk to me 20· ·service for doing that?
21· ·about leaving the University and just saying how I 21· · · · A.· ·Yes, exactly.· And that's exactly my
22· ·felt at that time by being disrespected by his son 22· ·point.· I was given community service for something
23· ·wasn't -- didn't matter and that I need to leave the 23· ·that I -- first of all, I was being thankful, being
24· ·University and that I need to go do community 24· ·respectful for, but his son turned around and
25· ·service, that wasn't -- that -- I don't think that 25· ·disrespected me, called me a racial slur, and in the
Page 43 Page 45
·1· ·has anything to do with how legitimate a coach ·1· ·end I get community service, and he's telling me
·2· ·should be concerned.· He didn't seem concerned to ·2· ·that what his son did, appropriate or inappropriate,
·3· ·me.· He sounded like he wanted me to leave. ·3· ·it doesn't matter, I'm still a player.· And then he
·4· · · · Q.· ·(By Mr. Stone)· Did Kirk Ferentz tell you ·4· ·tells me to go and transfer schools.
·5· ·in the meeting and was it recorded on the tape that ·5· · · · · · ·When it came to our white teammates, I was
·6· ·he said he was not shooing you out of the program? ·6· ·not seeing them get treated where they was thrown
·7· ·Do you recall that? ·7· ·community service just like that.· Whether they're
·8· · · · A.· ·I do not recall those words. ·8· ·wrong or they're right, they were not getting
·9· · · · Q.· ·Do you recall that Kirk Ferentz said he ·9· ·community service like that.
10· ·could not promise you anything moving forward? 10· · · · · · ·And he obviously knew that his son was
11· · · · A.· ·I recall that. 11· ·wrong.· He said he knows that his son makes
12· · · · Q.· ·And what did you understand that to mean? 12· ·inappropriate comments all the time, and he wished
13· · · · A.· ·That he wasn't going to allow me to play 13· ·that he would do better, but since that was his son,
14· ·in the games or anything for -- that he wasn't going 14· ·he gave me community service and told me I need to
15· ·to take care of me, have my best interests, as he 15· ·leave the University, because he's not promising me
16· ·stated when he was recruiting me. 16· ·anything.
17· · · · Q.· ·Did Kirk Ferentz tell you to size up the 17· · · · Q.· ·During the time that you met with Kirk
18· ·situation for yourself? 18· ·Ferentz, did you ever use the word "race"?
19· · · · A.· ·I recall him saying something to that 19· · · · A.· ·I don't recall.
20· ·extent. 20· · · · Q.· ·You just listened to the tape, Mr. Parker.
21· · · · Q.· ·What did you understand that meant? 21· ·As you sit here, you cannot recall hearing the word
22· · · · A.· ·To go apologize to his son and shut up. 22· ·"race" on the tape, can you?
23· · · · Q.· ·Did you tell Coach Kirk Ferentz that Brian 23· · · · A.· ·I do not recall hearing the word "race."
24· ·Ferentz had not put his hands on you? 24· ·I would have to hear the video again.· Some of the
25· · · · A.· ·May you repeat that. 25· ·audio was a little muffled.· At times the audio

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·1· ·would be a little louder and it'd be a little ·1· · · · Q.· ·All right.· Let's go on to the next page.
·2· ·quieter.· I would have to hear it again. ·2· ·There's more of your answer on the next page.· Go
·3· · · · Q.· ·Did you ever use the phrase "racial slur" ·3· ·ahead and read your answer down to where
·4· ·in the meeting with Kirk Ferentz that we just ·4· ·Interrogatory No. 11 starts, Mr. Parker, and please
·5· ·listened to the tape of? ·5· ·indicate to me when you've had a chance to finish
·6· · · · A.· ·I don't believe so. ·6· ·it.
·7· · · · Q.· ·Did you ever say to Kirk Ferentz during ·7· · · · A.· ·Okay.
·8· ·the meeting we just listened to that Brian Ferentz ·8· · · · · · ·I have read it.
·9· ·had called you a black dumbass or words to that ·9· · · · Q.· ·In -- I think it's the eighth line.· It
10· ·effect? 10· ·says, "Kirk Ferentz informed Plaintiff Parker that
11· · · · A.· ·I did not.· I said that he said fuck me. 11· ·he had witnessed the events and heard what Brian
12· ·He disrespect me.· And I said "and more."· Because 12· ·Ferentz said."· Do you see those words?
13· ·assuming that Kirk Ferentz just went and seen the 13· · · · A.· ·Yes.
14· ·incident would know exactly what I meant.· I already 14· · · · Q.· ·What is it that Kirk Ferentz said to you
15· ·didn't feel comfortable speaking with Kirk Ferentz 15· ·that caused you to believe that he witnessed the
16· ·on this matter, knowing that Brian Ferentz was his 16· ·events and heard what Brian Ferentz said?
17· ·son and also knowing Kirk Ferentz's personality 17· · · · A.· ·Well, he was at the practice.· He was
18· ·on -- he likes to manipulate things and make it all 18· ·standing in -- within the 50-yard line from the goal
19· ·about what he wants.· I did not feel comfortable 19· ·line.· So he definitely saw it.· The whole team saw
20· ·even speaking about this, especially going into the 20· ·that event.· And what he said was he talked about
21· ·meeting and seeing how he instantly attacked me and 21· ·his son language.· He said that he knew his son used
22· ·said, "Oh, right or wrong, you can't throw the ball 22· ·inappropriate language.· He heard his son use
23· ·at a coach."· I instantly knew that he wasn't trying 23· ·inappropriate language.· So that told me right there
24· ·to listen to the situation, figure out what I did 24· ·that Kirk Ferentz saw the incident.· And I know --
25· ·wrong or why I did it.· I knew he wasn't on my side. 25· ·and me, obviously, being there during the incident,
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·1· ·He was just all for his son. ·1· ·I know for a fact that Coach Kirk Ferentz saw the
·2· · · · Q.· ·Mr. Parker, you listened to the tape ·2· ·incident.
·3· ·yesterday; correct? ·3· · · · Q.· ·Did he tell you in the meeting that he had
·4· · · · A.· ·Correct. ·4· ·not witnessed the incident?
·5· · · · Q.· ·You listened to the tape this morning with ·5· · · · A.· ·I believe so, yes.· But that doesn't
·6· ·all of us here present; correct? ·6· ·matter.· That is nothing that Kirk Ferentz don't
·7· · · · A.· ·That's correct. ·7· ·know.· So before that -- before I went in to have
·8· · · · Q.· ·And you did not use the word "black ·8· ·that meeting with Kirk Ferentz, he already was aware
·9· ·dumbass" or words to that effect in that meeting ·9· ·of everything that was said and how it all took
10· ·with Kirk Ferentz in 2016, did you, sir? 10· ·place, on top of him being at the practice himself.
11· · · · A.· ·I did not. 11· ·He knew.· He knew, but it just was -- as I spoke
12· · · · · · ·MR. STONE:· Katie, would you put up 12· ·about earlier, the manipulation games that he does,
13· ·Exhibit 41, which are his interrogatory answers. 13· ·it was just one of those things going on.· Kirk
14· ·Are those the ones we received yesterday? 14· ·Ferentz knew.
15· · · · · · ·MS. NARVESON:· (Nods.) 15· · · · Q.· ·As you sit here today, what evidence do
16· · · · · · ·MR. STONE:· Thank you.· And see if you can 16· ·you have that causes you to know that Kirk Ferentz
17· ·please find the answer to No. 10. 17· ·saw the incident and heard what Brian Ferentz said?
18· · · · Q.· ·(By Mr. Stone)· All right.· Let's go on 18· · · · A.· ·Well, as I can recall to the best of my
19· ·to -- well, Mr. Parker, I'm going to ask you some 19· ·knowledge right now, during that practice incident,
20· ·questions about your answer to Interrogatory No. 10. 20· ·Kirk Ferentz is present, and he's watching the --
21· ·So if you want to take a minute and read it to 21· ·he's watching the drill take place, as I can recall.
22· ·yourself, and why don't you tell me when you're 22· ·Literally, while Brian Ferentz was growing angry and
23· ·finished, please. 23· ·calling me all these names, the practice grew
24· · · · A.· ·Okay. 24· ·silent.
25· · · · · · ·I've read it. 25· · · · Q.· ·I'm sorry, Mr. Parker.· I just didn't

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·1· ·catch what -- ·1· · · · · · ·(Video begins.)
·2· · · · A.· ·I said -- I said that the practice grew ·2· · · · Q.· ·(By Mr. Stone)· Can you see this,
·3· ·silent.· So Brian Ferentz's incident was very loud, ·3· ·Mr. Parker?
·4· ·very vulgar, and everyone was able to hear the ·4· · · · A.· ·I can.
·5· ·incident, especially if you were fairly close. ·5· · · · · · ·(Video ends.)
·6· · · · Q.· ·In the answer to Interrogatory No. 10 ·6· · · · · · ·MR. STONE:· Thank you.
·7· ·after that sentence, it says that "Kirk Ferentz ·7· · · · Q.· ·(By Mr. Stone)· Was this the incident when
·8· ·pushed Plaintiff Parker out of the program" in what ·8· ·you tossed the ball to Brian Ferentz and told him to
·9· ·you believe was an attempt to protect his son, Brian ·9· ·do it himself or words to that effect?
10· ·Ferentz.· You had played only a couple of downs in 10· · · · A.· ·Yes.
11· ·the year 2016; correct? 11· · · · Q.· ·If I indicated to you that the date of
12· · · · A.· ·I'm not sure the year, but I did only play 12· ·that video was December 19th, 2016, does that seem
13· ·a couple of downs. 13· ·correct to you?
14· · · · Q.· ·But you played a couple of downs in the 14· · · · A.· ·December is usually around the time where
15· ·Purdue game in 2016; is that correct? 15· ·we have bowl game prep, and considering that was my
16· · · · A.· ·That's correct. 16· ·last season, that sounds around the time frame.
17· · · · Q.· ·Did you play in any other game? 17· · · · Q.· ·You went to the Outback Bowl in Tampa on
18· · · · A.· ·I played in the Indiana game.· I played in 18· ·January 2nd of 2017; correct?
19· ·the University of Northern Iowa game.· I played -- I 19· · · · A.· ·Was our opponent the Florida Gators?
20· ·played in a couple of games.· Not sure the amount of 20· · · · Q.· ·I believe so, Mr. Parker.
21· ·downs, but there was a few games that I played in. 21· · · · A.· ·Then that is correct.
22· · · · Q.· ·Did you believe you would play more in the 22· · · · · · ·MR. STONE:· Katie, can you put up
23· ·year 2017? 23· ·Exhibit 2, which is the first amended complaint, and
24· · · · A.· ·I -- it depend -- I'm not sure.· I was 24· ·turn to Paragraph 140.· It would be in Mr. Aaron
25· ·always hopeful to play more, but depending on the 25· ·Mends' deposition exhibits, Exhibit 2.
Page 51 Page 53
·1· ·time frame of 2017 -- obviously, because I left, I'm ·1· · · · · · ·Do you want me to find it?· I can probably
·2· ·not sure of what I felt or when I felt it. ·2· ·find it.· Yep.
·3· · · · Q.· ·Do you recall who recruited you primarily? ·3· · · · Q.· ·(By Mr. Stone)· I'm going to share my
·4· · · · A.· ·Yes.· Eric Johnson. ·4· ·screen, Mr. Parker.
·5· · · · Q.· ·You were cleared medically to play at the ·5· · · · A.· ·Okay.
·6· ·time of the Purdue game in 2016; correct?· Because ·6· · · · Q.· ·Do you have before you now the first
·7· ·you got into that game; is that right? ·7· ·amended complaint?
·8· · · · A.· ·I'm not sure the time frame of my injury ·8· · · · · · ·Can you see it on the screen, Mr. Parker?
·9· ·and being cleared. ·9· · · · A.· ·I can see it.
10· · · · Q.· ·Were there times in 2016, after the Purdue 10· · · · Q.· ·All right.· I want to turn your attention
11· ·game, when you were cleared medically to play when 11· ·to Paragraph 140.· Do you see in Paragraph 140
12· ·you did not play in other games that year? 12· ·you -- the complaint alleges "Brian Ferentz kicked a
13· · · · A.· ·Well, what is this medical issue that you 13· ·garbage can and exclaimed in front of all the
14· ·are speaking about? 14· ·players and coaches, 'Only a dumbass black player
15· · · · Q.· ·Well, did you get injured in July of 2016 15· ·would do it like that'"?
16· ·that caused you to miss the early part of the 16· · · · A.· ·Yes, I see that.
17· ·season? 17· · · · · · ·MR. STONE:· Let's go back to Exhibit 34,
18· · · · A.· ·Yes. 18· ·Katie.· And would you run Exhibit 34 one more time
19· · · · Q.· ·You injured your foot; is that correct? 19· ·for Mr. Parker.
20· · · · A.· ·That's correct. 20· · · · Q.· ·(By Mr. Stone)· And, Mr. Parker, can you
21· · · · Q.· ·And do you know when you were medically 21· ·identify the garbage can that the complaint refers
22· ·cleared? 22· ·to?
23· · · · A.· ·I do not recall. 23· · · · · · ·MR. STONE:· I need to stop sharing.
24· · · · · · ·MR. STONE:· Katie, can you play for us, 24· ·Excuse me.· There you go.
25· ·please, Exhibit 34, which is a video without sound. 25· · · · · · ·(Video is played.)

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·1· · · · Q.· ·(By Mr. Stone)· Mr. Parker, did you see ·1· ·cans in that facility.· I remember being kicked out
·2· ·Mr. Ferentz -- Brian Ferentz kicking any garbage can ·2· ·by Brian Ferentz.· So if my memory serves me
·3· ·in that video? ·3· ·correctly, Brian Ferentz kicked over one of those
·4· · · · A.· ·In that video I did not see him kick the ·4· ·trash cans that I see in that video or that was
·5· ·garbage can. ·5· ·along the side of the indoor facility.
·6· · · · · · ·MR. STONE:· Katie, would you put the ·6· · · · Q.· ·Did he, to the best of your
·7· ·interrogatory answers, which are Exhibit 41, back on ·7· ·recollection -- just one more question on this
·8· ·the screen.· And turn to Interrogatory No. 10, ·8· ·garbage can matter.· Did he kick the garbage can, as
·9· ·please. ·9· ·you recall it, after he kicked you out of practice
10· · · · · · ·The second -- no, that's fine.· The first 10· ·and after you were walking along?
11· ·page of the answers to Interrogatory No. 9 -- or 11· · · · A.· ·I cannot recall exactly.· But Brian
12· ·excuse me -- Interrogatory No. 10 is what I want. 12· ·Ferentz, he had a thing for trash cans.· He kicked
13· ·Thank you.· All right. 13· ·over trash cans in other incidents when he was very,
14· · · · · · ·MR. DENNIE:· Counsel, after you're done 14· ·I guess, upset, as you would say.· He kicked over
15· ·with this line -- we've been going about an hour -- 15· ·other trash cans different instances.
16· ·can we take a restroom break? 16· · · · · · ·And at that time, after being disrespected
17· · · · · · ·MR. STONE:· Sure.· I'll finish up this 17· ·and called out my name, called a racial slur, I was
18· ·question, and then we can do that. 18· ·afraid.· I was very afraid.· I was scared.· I didn't
19· · · · · · ·MR. DENNIE:· Yeah.· I mean, yeah, go 19· ·know what to do.· My position coach wasn't, you
20· ·ahead.· I'm not trying to cut you off.· I just want 20· ·know, saying anything.· I didn't -- I felt alone by
21· ·to -- 21· ·someone who's supposed to be there to guide and help
22· · · · · · ·MR. STONE:· No, that's fine.· Appreciate 22· ·me.· So everything became, like, a blur.
23· ·it.· Thank you. 23· · · · · · ·I don't know if you've ever been, like, in
24· · · · Q.· ·(By Mr. Stone)· In Interrogatory No. 10, 24· ·a stressful situation where things are just thrown
25· ·in the eighth line down, Mr. Parker, you state that 25· ·on you, but everything becomes a blur.· All's you
Page 55 Page 57
·1· ·"Brian Ferentz threw the football, kicked over a ·1· ·can remember is that and that, and everything is
·2· ·trash can, started yelling louder, and grew red in ·2· ·merging together.· You know, you got to understand,
·3· ·the face." ·3· ·like, even -- you can see in that video, as he
·4· · · · · · ·Did you see any trash can that Brian ·4· ·approached me when he was upset with me, you see me
·5· ·Ferentz kicked over? ·5· ·kind of stepping back.· I really thought that he was
·6· · · · A.· ·In that video I did not see a trash can ·6· ·going to hit me, you know.· And maybe if it wasn't
·7· ·that Brian Ferentz kicked over at that time. ·7· ·for Josh Jackson coming over and, you know, telling
·8· ·However, I did notice there were two trash cans in ·8· ·me, you know, it's okay, to not worry about it,
·9· ·the back of the end zone, one on the left and one on ·9· ·maybe Brian Ferentz would have hit me.· I was
10· ·the right.· And one thing I did notice also was that 10· ·that -- like, I was that scared.· I was that afraid,
11· ·in that video angle I went to the sideline and stood 11· ·you know.
12· ·there with my helmet off.· But I also recall being 12· · · · · · ·So I don't think it's a matter of him
13· ·kicked out of the practice by Brian Ferentz. 13· ·actually kicking a trash can, because everything
14· · · · · · ·So if my memory serves me correctly, when 14· ·merged together.· It was that intimidating of a
15· ·Brian Ferentz kicked over the trash can, maybe it 15· ·situation.· It was.
16· ·was after the video that we're seeing here.· Because 16· · · · · · ·MR. STONE:· Why don't we take a break at
17· ·he was so upset that he said more to me and kicked 17· ·this time.· Let's take 10 minutes, and we'll resume
18· ·me out of the practice, and maybe then that's when 18· ·at 10:25 Central Time.· Thank you.· And could you
19· ·he kicked over the trash can. 19· ·put us in the break room, Jessi.· Thank you.
20· · · · · · ·You got to understand, though, this was so 20· · · · · · ·MR. DENNIE:· Thank you.
21· ·long ago, it's hard for me to -- I'm reliving, like, 21· · · · · · ·THE VIDEOGRAPHER:· Off the record at
22· ·an upsetting situation, an upsetting situation.· So 22· ·10:15 a.m.
23· ·it's hard for me to recall most of these things, and 23· · · · · · ·(A brief recess was taken.)
24· ·I'm trying to bring myself back to that light, and 24· · · · · · ·THE VIDEOGRAPHER:· On the record at
25· ·it's very difficult.· But there's plenty of trash 25· ·10:29 a.m.

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·1· · · · · · ·MR. STONE:· Thank you. ·1· ·end.· This drill wasn't an everyday drill.· It was
·2· · · · · · ·Katie, could you put up Exhibit 41, the ·2· ·maybe once or twice a week as -- once or twice a
·3· ·interrogatory answers, and turn to Interrogatory ·3· ·week and -- yeah.
·4· ·No. 9, please.· And let's scroll down to the answer ·4· · · · · · ·But during that time we were having bowl
·5· ·itself, please.· Thank you.· All right. ·5· ·prep.· So we were practicing almost two days -- two
·6· · · · · · ·MR. DENNIE:· Counsel, is there any way to ·6· ·day -- twice in one day or multiple times in a week.
·7· ·make it a tad bit bigger?· It's awfully small, at ·7· ·So it was definitely a long session.
·8· ·least on my screen. ·8· · · · Q.· ·Was the video that we looked at,
·9· · · · · · ·Thank you. ·9· ·Exhibit 34, where you were running from the goal
10· · · · Q.· ·(By Mr. Stone)· Mr. Parker, in the third 10· ·line and ended up falling in the end zone -- was
11· ·full sentence there in the answer to Interrogatory 11· ·that the first time you had carried the ball in this
12· ·No. 9, it says, "After a long session of fielding 12· ·drill, or was -- or do you know?
13· ·kickoffs."· Is that what this drill was that you saw 13· · · · A.· ·I do not recall.· But by the nature of the
14· ·in the video, was you were actually fielding 14· ·drill, it more than likely was not my first time.
15· ·kickoffs, Mr. Parker? 15· · · · Q.· ·Why do you say because of the nature of
16· · · · A.· ·Yes, that's correct. 16· ·the drill?
17· · · · Q.· ·Weren't you just being handed the ball at 17· · · · A.· ·Because as you can see in the video, you
18· ·the end line and trying to dodge the players that 18· ·have a set of returners typically, and we just
19· ·were coming at you? 19· ·rotate going as many times as we can.· As you can
20· · · · A.· ·That's correct.· But this drill is a 20· ·see in that video also, after I went and fell to the
21· ·special teams drill that we field kicks.· It's a -- 21· ·ground, I went and stood back, because I was getting
22· ·it's a gesture of fielding kicks.· Although the 22· ·ready to go again.· And that's when Brian Ferentz
23· ·kick -- the ball is not being kicked directly to us, 23· ·started attacking me, started approaching me like he
24· ·that's what this drill is to simulate. 24· ·was going to hit me.· And that's when I -- he told
25· · · · · · ·So to put it into easy terms for those who 25· ·me to leave, and I went to the sideline.· Yeah.
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·1· ·may have not played football, I used the term ·1· · · · Q.· ·When he told you to leave, did he kick you
·2· ·"fielding kicks" whether that was punting kickoff ·2· ·out of the practice?
·3· ·returns. ·3· · · · A.· ·I do not recall at what point he kicked me
·4· · · · Q.· ·You weren't actually fielding a kick.· You ·4· ·out of the practice, but he kicked me out of the
·5· ·were actually being handed the ball, and you were ·5· ·practice.
·6· ·running from the end line; is that a fair statement? ·6· · · · Q.· ·Did you take your helmet off before he
·7· · · · · · ·MR. DENNIE:· Objection.· Asked and ·7· ·kicked you out of the practice, if you recall?
·8· ·answered. ·8· · · · A.· ·I recall taking my helmet off after he
·9· · · · Q.· ·(By Mr. Stone)· You can still answer, ·9· ·called me a black dumbass.· He constantly -- as I
10· ·Mr. Parker. 10· ·was walking away -- you can see -- as you can see in
11· · · · A.· ·I was fielding the kick. 11· ·the video, as I was walking away from Brian Ferentz,
12· · · · Q.· ·And you say it's after a long session. 12· ·he still was attacking me, calling me a black
13· ·How long did the session last, in your opinion, 13· ·dumbass, "fuck you," and every other vulgar word you
14· ·Mr. Parker? 14· ·may be able to think of.· He kept attacking me.· And
15· · · · A.· ·About 2, 2 1/2 hours. 15· ·I went and stood on the sideline.· And maybe he
16· · · · Q.· ·Where you were doing this particular drill 16· ·didn't like me standing on the sideline, and he came
17· ·for 2 to 2 1/2 hours? 17· ·and attacked me some more and kicked me out,
18· · · · A.· ·Well, we were practicing.· We had 18· ·completely out of practice.
19· ·practice. 19· · · · · · ·As I stated earlier, you got to remember,
20· · · · Q.· ·All right.· And was this at the end of the 20· ·like, this was so -- you know, this was so long ago
21· ·practice, if you know? 21· ·that I'm trying to relive an upsetting situation.
22· · · · A.· ·I don't recall exactly.· I had so many 22· ·So I'm trying to put these events back together.
23· ·different practices, and practice were arranged in 23· · · · Q.· ·In your answer to Interrogatory No. 9 that
24· ·different race with certain preps, certain preps. 24· ·we had just looked at, you state that Brian Ferentz
25· ·So I can't say if this was at the beginning or the 25· ·called you a black dumbass after this session of

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·1· ·fielding kickoffs; correct? ·1· · · · A.· ·That's correct.
·2· · · · A.· ·May you show me that. ·2· · · · Q.· ·Thank you.· And as far as you can recall,
·3· · · · Q.· ·Sure.· We'll look at -- ·3· ·Mr. Brian Ferentz never used the word "gang member"
·4· · · · · · ·MR. STONE:· Katie, if you'd put the answer ·4· ·or "What gang is he in?" or gang affiliation in
·5· ·to Interrogatory No. 9 up on the screen, if it's not ·5· ·relationship directly to you, did he?
·6· ·there.· I still see it. ·6· · · · · · ·MR. DENNIE:· Objection.· Assumes facts not
·7· · · · Q.· ·(By Mr. Stone)· It says, "After a long ·7· ·in evidence.· There has been no such question.
·8· ·session of fielding kickoffs, Brian Ferentz became ·8· · · · Q.· ·(By Mr. Stone)· It is a question,
·9· ·angered and called me a black dumbass in front of ·9· ·Mr. Parker.· Did Mr. Brian Ferentz ever say to you
10· ·the entire team."· Did I read that correctly? 10· ·that you were a gang member or ask you what gang you
11· · · · A.· ·You read that correctly. 11· ·were in or accuse you of being affiliated with a
12· · · · Q.· ·You don't state in your answer that Brian 12· ·gang?· Did he ever do words to that effect to you
13· ·Ferentz ever called you a black dumbass before this 13· ·directly?
14· ·incident that we viewed on the videotape, do you, 14· · · · A.· ·To me directly, no.· But he said it around
15· ·sir? 15· ·me.· He definitely said it around me, in which I
16· · · · A.· ·Are you speaking in general? 16· ·felt affected, because, like the other players that
17· · · · Q.· ·No.· I'm being very specific, sir. 17· ·he said it to, I'm black as well.· So if he's
18· · · · A.· ·Are you being -- are you talking about 18· ·talking about them, he's also talking about me.
19· ·this incident, and are you asking me have he called 19· · · · Q.· ·Can you tell -- I'm sorry.· I didn't mean
20· ·me a black dumbass before this incident? 20· ·to interrupt you.· Go ahead.
21· · · · Q.· ·That's my question, yes. 21· · · · · · ·MR. DENNIE:· Let him finish his answer,
22· · · · A.· ·Not where I heard it, no. 22· ·please.
23· · · · Q.· ·Okay.· So at least as far as you're able 23· · · · A.· ·Yeah.· So he -- he said it to other
24· ·to testify, this is the first time that Brian 24· ·players around me, but he never said it to me.· That
25· ·Ferentz allegedly ever called you a black dumbass? 25· ·was his first time calling me black dumbass.· He did
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·1· · · · A.· ·That was the first time Brian Ferentz ever ·1· ·not -- yeah.· Yeah.
·2· ·made a racial slur, which was calling me a black ·2· · · · Q.· ·(By Mr. Stone)· What other players did he
·3· ·dumbass in my proximity.· But he said racial things ·3· ·use the word "gang" or gang affiliation or "What
·4· ·all the time, all the time.· This wasn't nothing ·4· ·gang is he in?" if you can tell me today as you sit
·5· ·new.· It just was new that he finally said it to me, ·5· ·here?
·6· ·finally. ·6· · · · A.· ·Did you ask about what other -- may you
·7· · · · Q.· ·All right.· And just to close the loop, he ·7· ·repeat the question.
·8· ·never called you a black dumbass after this incident ·8· · · · Q.· ·Yes, I'll try to restate it.· To what
·9· ·again, did he? ·9· ·other players did Brian Ferentz say words to the
10· · · · A.· ·No, not that I can recall. 10· ·effect of "What gang is he in?" or that he's
11· · · · Q.· ·Brian Ferentz did not call you the N-word, 11· ·affiliated with a gang or he's a gang member, if you
12· ·did he? 12· ·can tell me?
13· · · · A.· ·How's that any different from using "black 13· · · · A.· ·I cannot remember the exact players, nor
14· ·dumbass," though? 14· ·the time.· However, it was so ongoing.· And
15· · · · Q.· ·Well, it's a different word, and I'm -- my 15· ·sometimes he would try to make it as if it was a
16· ·question to you is if he used the N-word to you. 16· ·joke, but everyone know what he really meant.· It
17· · · · A.· ·He did not use the N-word.· But that's 17· ·was -- it was common.· So it's hard to say what
18· ·still -- calling someone black and calling someone 18· ·instance, when it was so common.
19· ·the N-word is still talking about someone's ethnic 19· · · · Q.· ·Did he use the word "stupid MF"?· And I'm
20· ·group, so to say, you know. 20· ·assuming you know what the initials MF stands for,
21· · · · Q.· ·And, Mr. Parker, I don't -- I'm not trying 21· ·Mr. Parker.· Did he use the term "stupid MF"
22· ·to be confusing.· I'm just trying to get some facts 22· ·directed to you --
23· ·of record here.· And one of the facts that you can 23· · · · A.· ·Yes.
24· ·tell us is that he never used the N-word directed at 24· · · · Q.· ·-- personally?
25· ·you.· That's true; correct? 25· · · · · · ·On what occasion?

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·1· · · · A.· ·During an incident in our indoor practice ·1· ·those two for -- for sure.· I can't recall any
·2· ·facility, he called me a stupid MF.· He said, "Only ·2· ·others at this time.
·3· ·a dumb black ass MF" -- MF was one of his go-to ·3· · · · Q.· ·Is there any other name or derogatory term
·4· ·words that -- calling someone an MF, saying FU, and ·4· ·that you believe Brian Ferentz used directly to you
·5· ·saying -- and saying -- "dumbass," "MF," and "fuck ·5· ·that we have not covered yet?
·6· ·you" was Brian Ferentz's go-to words all the time, ·6· · · · A.· ·Outside calling me a black dumbass, saying
·7· ·all the time. ·7· ·"fuck you," and calling me a motherfucker, I do not
·8· · · · Q.· ·And just so that I'm clear, Mr. Parker, he ·8· ·recall any others at this present time.
·9· ·used those words during the incident that we saw on ·9· · · · Q.· ·When you tossed the ball to Brian Ferentz
10· ·the videotape?· Is that your testimony? 10· ·in the end zone on the video that we viewed, did you
11· · · · A.· ·That is my testimony. 11· ·use any profanity or any language?
12· · · · Q.· ·At any time prior to the incident that we 12· · · · A.· ·No, I did not.
13· ·viewed on the videotape of December 19th of 2016, 13· · · · Q.· ·After you said to him words to the effect
14· ·did he ever use the words "stupid MF" directly to 14· ·that he should do the drill himself, is that when he
15· ·you that you can recall? 15· ·kicked you out of practice?
16· · · · A.· ·Actually he did use the word "stupid MF." 16· · · · A.· ·That is correct.
17· ·We were practicing one time, and I didn't get a 17· · · · · · ·(Mr. Kirk Ferentz entered the deposition.)
18· ·certain play the correct way at that time, and he 18· · · · Q.· ·(By Mr. Stone)· And then in the video you
19· ·walked off saying "stupid motherfucker."· He -- he's 19· ·saw that you were -- let me stop a second.
20· ·notorious for this.· He's actually done it to Akrum 20· · · · · · ·MR. STONE:· I notice that Mr. Kirk Ferentz
21· ·Wadley as well. 21· ·has joined us.· So, Mr. Braithwaite, we only are
22· · · · Q.· ·Do you know when that other incident 22· ·entitled to have one representative.· So I need to
23· ·occurred, Mr. Parker, where he used the phrase 23· ·ask you to log off, please.· Thank you.
24· ·"stupid MF"? 24· · · · · · ·(Mr. Raimond Braithwaite exited the
25· · · · A.· ·I do not remember the exact date. 25· ·deposition.)
Page 67 Page 69
·1· · · · Q.· ·Did Brian Ferentz ever use the words ·1· · · · Q.· ·(By Mr. Stone)· And, Mr. Parker, you began
·2· ·directly to you of "go back to the ghetto" or words ·2· ·to walk off, and you removed your helmet and walked
·3· ·to that effect? ·3· ·through the end zone to the sideline after you had
·4· · · · · · ·REPORTER:· Mr. Stone, I didn't catch the ·4· ·been kicked out of practice; is that fair to say?
·5· ·name at the beginning. ·5· · · · · · ·MR. DENNIE:· Objection.· Mischaracterizes
·6· · · · · · ·MR. STONE:· Sorry.· Did -- I'll repeat the ·6· ·the testimony.
·7· ·question. ·7· · · · Q.· ·(By Mr. Stone)· Why don't you tell me what
·8· · · · Q.· ·(By Mr. Stone)· Mr. Parker, did Brian ·8· ·you recall you did after you were kicked out of
·9· ·Ferentz ever use the words "go back to the ghetto" ·9· ·practice, Mr. Parker.
10· ·or words to that effect to you directly? 10· · · · · · ·MR. DENNIE:· Objection.· Mischaracterizes
11· · · · A.· ·Not directly to me.· But around me, he 11· ·the testimony with that question.
12· ·has. 12· · · · Q.· ·(By Mr. Stone)· Did you understand the
13· · · · Q.· ·And who did he say those ... 13· ·question, Mr. Parker?
14· · · · A.· ·I'm sorry.· You cut out at the end. 14· · · · A.· ·Will you repeat.
15· ·You're muted or I can't hear you. 15· · · · Q.· ·Sure.· What did you do after you were
16· · · · · · ·MR. DENNIE:· Mr. Stone, you're on mute. 16· ·kicked out of practice, Mr. Parker?
17· · · · · · ·MR. STONE:· Katie, I think we're done with 17· · · · A.· ·I went to the locker room and sat in the
18· ·Interrogatory No. 9 at this time.· We may go back to 18· ·locker room and my locker contemplating what just
19· ·it if we need to. 19· ·happened, taking in all the different emotions I was
20· · · · Q.· ·(By Mr. Stone)· Mr. Parker, I was meaning 20· ·feeling at the time.· And then that's when Phil
21· ·to ask you about the identity of the players to whom 21· ·Parker came in.· I'm assuming practice was done.
22· ·you believe Brian Ferentz used the phrase "go back 22· ·Because not long after Phil Parker came in, a bunch
23· ·to the ghetto" or words to that effect.· Can you 23· ·of other players started to come in the locker room.
24· ·identify any players for me? 24· ·But that's when Phil Parker came in and told me,
25· · · · A.· ·Derrick Mitchell, Akrum Wadley.· I know 25· ·"Hey, I saw what happened, and I understand it

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·1· ·wasn't right.· You did nothing wrong, but you know ·1· ·didn't mean to interrupt you.
·2· ·how this thing works.· The head coach is the head ·2· · · · A.· ·You're fine.· You can go ahead.
·3· ·man.· That is his son.· So you know what needs to be ·3· · · · Q.· ·I need to ask if you were finished,
·4· ·done.· You should go apologize and make things ·4· ·Mr. Parker.· If you had more you wanted to say,
·5· ·right.· Otherwise you know how it's going to work ·5· ·please go ahead, to answer the question I earlier
·6· ·out for you." ·6· ·asked you.
·7· · · · Q.· ·Was -- or is it your testimony that the ·7· · · · A.· ·I'm done.
·8· ·reference or the allegation that Brian Ferentz ·8· · · · Q.· ·Okay.· Thank you.
·9· ·called you a dumbass black player was made after you ·9· · · · · · ·What was Coach Phil Parker asking you to
10· ·were kicked out of practice and you were walking off 10· ·apologize for, Mr. Parker?
11· ·the field? 11· · · · A.· ·For handing the ball to Brian Ferentz and
12· · · · · · ·MR. DENNIE:· Mischaracterizes his 12· ·being kicked out of practice.· Typically, we always
13· ·testimony.· Objection.· Form. 13· ·had to -- if we were kicked out of practice, we had
14· · · · Q.· ·(By Mr. Stone)· You may answer. 14· ·to go apologize.· Yeah.
15· · · · A.· ·Again, that was an intense moment. 15· · · · Q.· ·Where did you meet with Mr. Phil Parker
16· ·Emotions was high for Brian Ferentz, and I was very 16· ·that he told you that you should go apologize to
17· ·afraid.· So my main focus was on Brian Ferentz.· At 17· ·Brian Ferentz?
18· ·one point in time -- because he said so many 18· · · · A.· ·In the locker room at my locker.
19· ·different things I cannot recall, but he called me a 19· · · · Q.· ·Was the football practice over at that
20· ·black dumbass mother -- player.· He said, "Only a 20· ·time, if you know, or did Phil Parker come to the
21· ·black dumbass player would do something like that." 21· ·locker room before the practice was over?
22· ·Called me a dumbass.· He said "fuck you."· But a 22· · · · A.· ·I don't recall that practice was over or
23· ·matter of was I already walking off the field?· I'm 23· ·at what point he came to me or if he was even sent
24· ·sure.· Because I'm -- I remember once I heard that 24· ·to me to talk to me, for that matter, because that
25· ·racial slur about the black dumbass player, I took 25· ·would -- that was -- other coaches were sent to do
Page 71 Page 73
·1· ·my helmet off, and I just stood there, like I can't ·1· ·things like that.· Yeah.
·2· ·believe -- like, I was very upset to hear that come ·2· · · · Q.· ·Do you have any evidence that someone sent
·3· ·from someone who's supposed to be guiding you and ·3· ·Phil Parker to come to tell you to apologize to
·4· ·protecting you, as they stated in their recruiting ·4· ·Brian Ferentz?
·5· ·process, and which I never felt. ·5· · · · A.· ·Well, we speak of -- wait.· Repeat the
·6· · · · · · ·Because coming in there, I saw how the ·6· ·question.
·7· ·black players were treated so differently from the ·7· · · · Q.· ·I'll rephrase it, Mr. Parker.· Do you have
·8· ·white players.· I saw how the black players were ·8· ·any evidence that someone told Phil Parker to come
·9· ·instantly having to transfer, instantly having ·9· ·to the locker room to tell you to go apologize to
10· ·something get brought up about them just so they 10· ·Brian Ferentz?
11· ·could get kicked out of the University. 11· · · · A.· ·No.· I'm not sure if anyone told Phil
12· · · · · · ·Like Andre Harris, I remember like it was 12· ·Parker, for that matter.· I said that could have
13· ·yesterday.· We were doing a receiver in a DB 13· ·been the case, but he did come and speak with me.
14· ·drill -- DB is a defensive back -- a DB drill, and 14· · · · Q.· ·Did you apologize to Brian Ferentz?
15· ·Andre Harris did nothing wrong.· He did the same 15· · · · A.· ·Unfortunately, I did.
16· ·thing as Matt VandeBerg, which was a white teammate. 16· · · · Q.· ·You traveled with the team to Tampa,
17· ·And after that, he got called to the side, and he 17· ·Florida, for the Outback Bowl; correct?
18· ·got picked on.· And after that he was given an 18· · · · A.· ·Yes, that's correct.
19· ·ultimatum, same ultimatum I was, to leave the 19· · · · Q.· ·And you saw Brian Ferentz outside the
20· ·University:· "Well, doesn't look like you'll be 20· ·hotel with his kids; correct?
21· ·starting any time soon, but, you know, the ball is 21· · · · A.· ·With his kids?· I'm not -- I did -- I
22· ·in your court if you want to leave or not."· And 22· ·mean, we were in the hotel for a great amount of
23· ·every black person knows what that mean, because we 23· ·time.· So I'm sure I ran into Brian Ferentz outside
24· ·all seen it been done to other players. 24· ·the hotel.
25· · · · Q.· ·And -- are you finished, Mr. Parker? I 25· · · · Q.· ·Did you apologize to Brian Ferentz for

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·1· ·what you had said and the events leading up to you ·1· ·having any recordings.· So I'm not sure.
·2· ·being kicked out of practice, when you traveled to ·2· · · · Q.· ·Is there any email or document or
·3· ·Tampa for the Outback Bowl? ·3· ·recording or any paper that shows that you actually
·4· · · · A.· ·I apologized to Brian Ferentz when we were ·4· ·complained of any racial discrimination in the
·5· ·in Tampa.· That's correct. ·5· ·program at any time before George Floyd's death, if
·6· · · · Q.· ·What did you say? ·6· ·you know?
·7· · · · A.· ·I do not recall word for word.· But I know ·7· · · · A.· ·May you repeat the question, please.
·8· ·I apologized for the situation and specifically ·8· · · · · · ·MR. STONE:· I'll ask the reporter to read
·9· ·tossing the ball at him.· But I received no apology ·9· ·it back.· Thank you.
10· ·back, no. 10· · · · · · ·(The pending question was read by the
11· · · · Q.· ·What did he say to you? 11· ·reporter.)
12· · · · A.· ·He smiled and said, "It's okay.· It's all 12· · · · · · ·MR. DENNIE:· Objection.· Compound.
13· ·right.· I understand." 13· ·Multifarious.
14· · · · Q.· ·Was anyone else present during your 14· · · · · · ·You can answer if you can.
15· ·apology to Brian Ferentz? 15· · · · A.· ·I'm not -- I do know that the University
16· · · · A.· ·I don't recall who was around.· Because 16· ·of Iowa -- or the coaching -- athletic staff did a
17· ·you got to understand all -- I'm going to apologize, 17· ·bunch of secretly -- secret things where they would
18· ·something I did not really want to do.· I'm still 18· ·record things and -- you know, whether that was
19· ·kind of on guard.· I'm still afraid by how his body 19· ·videos, handwritten things.· So I'm not sure.
20· ·language was during the incident and by the things 20· ·However, I did speak with a therapist at the
21· ·that he said.· So I'm apologizing, but I'm still 21· ·University and spoke these matters to her.· So at
22· ·kind of on guard.· Because I don't know if this 22· ·the extent of how her job operates, maybe she has
23· ·coach, so to say, is about to attack me with -- you 23· ·some.· I did have an instance where I spoke with
24· ·know, physically or verbally again. 24· ·Bobby Kennedy about the racism that was going on
25· · · · · · ·So again, as I mentioned in my previous 25· ·within the program.· So I don't know if he wrote
Page 75 Page 77
·1· ·statement about the incident, everything -- ·1· ·anything down or how any of that was translated.
·2· ·everything else is a blur.· I'm simply focused on ·2· ·But I did speak with two people that I can remember
·3· ·Brian Ferentz. ·3· ·at this point in time verbally about racial
·4· · · · Q.· ·I think what I tried to ask you, ·4· ·incidents.
·5· ·Mr. Parker, is if you can recall whether anyone else ·5· · · · Q.· ·(By Mr. Stone)· Who was the counselor that
·6· ·was present.· Can you recall if anyone was present ·6· ·you spoke to, Mr. Parker, that you discussed your
·7· ·during your apology to Coach Ferentz? ·7· ·statements or allegations of racism?
·8· · · · A.· ·I cannot recall. ·8· · · · A.· ·Unfortunately, I'm not -- I cannot
·9· · · · · · ·MR. DENNIE:· Objection.· Asked and ·9· ·remember her name at this time.· But I do know that
10· ·answered. 10· ·me and her relationship was not long for the simple
11· · · · Q.· ·(By Mr. Stone)· How long did the 11· ·reason, as I stated earlier, there is nothing that
12· ·conversation between you and Brian Ferentz last, if 12· ·Kirk Ferentz don't know about.
13· ·you know? 13· · · · · · ·He came up to me, saying that he heard
14· · · · A.· ·Very short. 14· ·that I spoke with the therapist on matters of racism
15· · · · Q.· ·Have you made any other recordings of any 15· ·and also just the football atmosphere in general,
16· ·meetings with players or coaches or former players 16· ·and he wasn't happy about that.· And like any other
17· ·of the Iowa football team, other than the one we 17· ·black player, you know, KF -- Kirk Ferentz knows a
18· ·listened to earlier with Coach Kirk Ferentz? 18· ·lot of things, and if he's coming to you about a
19· · · · A.· ·Not that I can recall at this time. 19· ·certain matter, then it's best that you leave that
20· · · · Q.· ·Do you know if anyone else has recorded 20· ·matter alone.· So me and her relationship was very
21· ·any meetings or meetings with the coaches or Coach 21· ·short because of that.
22· ·Kirk Ferentz, Coach Brian Ferentz, or Coach Chris 22· · · · Q.· ·So when did Kirk Ferentz talk to you about
23· ·Doyle? 23· ·your conversation with a therapist?
24· · · · A.· ·I'm not sure.· That's not anything I spoke 24· · · · A.· ·I do not recall the year, but we were at
25· ·about to -- with any other teammates about them 25· ·practice.· Practice was just getting ready to begin,

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·1· ·and he walked up to me and he said, "I know that ·1· ·Objection.· Counsel is testifying.
·2· ·you've been meeting with the therapist.· How is that ·2· · · · Q.· ·(By Mr. Stone)· Can you answer the
·3· ·going?· Oh, good?· Yeah, she told me that you ·3· ·question, Mr. Parker?
·4· ·mentioned racism going on in the program or you ·4· · · · A.· ·Kirk Ferentz met with me, I would say, no
·5· ·mentioned that you're not happy with football right ·5· ·more than a week after my meeting with the
·6· ·now."· And that was -- I don't remember exact date, ·6· ·therapist.· Whether it was prior to the July date
·7· ·but we were at practice. ·7· ·that you listed, I do not recall.
·8· · · · Q.· ·Do you remember the name Carmen Tebbe? ·8· · · · Q.· ·Do you recall Robert T. Green?
·9· ·Does that name ring any bells to you? ·9· · · · A.· ·May you repeat that.
10· · · · A.· ·It sounds familiar. 10· · · · Q.· ·Do you know a gentleman whose name is
11· · · · Q.· ·Do you know if that person was a person 11· ·Robert T. Green?
12· ·that you had visited with or spoken with? 12· · · · A.· ·I know of Robert T. Green.
13· · · · A.· ·I do not recall. 13· · · · Q.· ·Have you had any conversations with him?
14· · · · Q.· ·Can you tell me what year of your career 14· · · · A.· ·I have not.
15· ·at Iowa that you sought to do any visiting with a 15· · · · Q.· ·Have you had any email contact or any
16· ·counselor, if you can recall? 16· ·written communication with Mr. Robert T. Green?
17· · · · A.· ·I do not recall the exact year. 17· · · · A.· ·I have not.
18· · · · Q.· ·Do you know if it was the same season as 18· · · · Q.· ·Does he have any contract or agreement or
19· ·when you had your foot injury, or do you know 19· ·arrangement with you, if you know?
20· ·whether it was before your foot injury, if you know? 20· · · · A.· ·I do not recall.
21· · · · A.· ·It was prior to my foot injury. 21· · · · Q.· ·I'm sorry.· You said you don't recall?
22· · · · Q.· ·I believe the records I have seen indicate 22· · · · A.· ·I don't recall making any type of contract
23· ·that you have suffered a foot injury about July 28th 23· ·or agreement with Robert T. Green.
24· ·of 2016.· Is that consistent with your recollection? 24· · · · Q.· ·Do you know how you got in touch with him,
25· · · · A.· ·2016, July?· I believe you stated this 25· ·if you did?
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·1· ·earlier.· That's around the time frame. ·1· · · · · · ·MR. DENNIE:· Objection.· Counsel's
·2· · · · Q.· ·Does that date help you place when you ·2· ·attempting to testify again.· If you want to be
·3· ·talked with any counselor? ·3· ·sworn in and get under oath, let's go ahead and do
·4· · · · A.· ·It does not. ·4· ·that.· But just ask him questions.· He's not
·5· · · · Q.· ·Did Kirk Ferentz's visit with you about ·5· ·indicated he was in contact.· So I'm going to object
·6· ·you seeing a counselor also occur prior to July 28th ·6· ·as mischaracterizing the testimony.· Move on.· Let's
·7· ·of 2016, if you can recall? ·7· ·ask good questions.· Let's go.
·8· · · · A.· ·You're asking was Kirk Ferentz's ·8· · · · Q.· ·(By Mr. Stone)· Did someone put you in
·9· ·incident -- was his meeting with me about the ·9· ·touch with Mr. Robert T. Green?
10· ·therapist prior to my foot injury? 10· · · · A.· ·I'm sorry.· But may you kind of tell me
11· · · · Q.· ·Well -- and I don't want to make this 11· ·who Robert T. Green is?
12· ·confusing.· I'm just trying to get your best 12· · · · Q.· ·Well, I believe he identifies himself as a
13· ·recollection, Mr. Parker.· I believe you've told me 13· ·players representative, and he had made some
14· ·that you talked with a counselor, and you believe it 14· ·statements or published some statements after George
15· ·was before your foot injury, which I believe we've 15· ·Floyd's death.· Does that ring any bells with you?
16· ·established was approximately July 28th of 2016. 16· · · · A.· ·I'm not big on social media.· So if he
17· ·And so then I want to pursue and see if you can 17· ·published some posts, I probably seen them, because
18· ·recall if your conversation with Mr. Ferentz that 18· ·someone probably sent them to me.· But I don't
19· ·you were telling us about, where he commented on 19· ·recall.· And you got to think, I was -- you know, a
20· ·your visit to a therapist, was also before that date 20· ·lot of people sending things to me after this whole
21· ·of July 28th of 2016, before your foot injury; is 21· ·ordeal broke out.· You know, I was getting death
22· ·that true? 22· ·threats.· I was getting a bunch of things from this
23· · · · · · ·MR. DENNIE:· Objection.· Compound. 23· ·whole ordeal.
24· ·Multifarious.· Objection.· Asked and answered. 24· · · · Q.· ·Well, let me turn back to the start of
25· ·Objection.· Mischaracterizes the testimony. 25· ·your educational experience at Iowa and your

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·1· ·academic work at Iowa, Mr. Parker.· Do you know when ·1· ·guidance counselors that schedule your courses -- I
·2· ·you graduated or earned your degree? ·2· ·forget her name.· However, I told her what I was
·3· · · · A.· ·I believe it was the fall of 2016, and I ·3· ·interested -- she asked what degree I wanted to
·4· ·walked across the stage in the spring of 2017. ·4· ·major in, and I told her my career that I wanted to
·5· · · · Q.· ·You had finished all your coursework by ·5· ·major in, which was dentistry.· And she said, "Oh,
·6· ·December of 2016; is that correct? ·6· ·well, we don't have a dentistry program," in which
·7· · · · A.· ·That's correct. ·7· ·obviously I could have majored in, like, biology or
·8· · · · Q.· ·And you did so essentially in 3 1/2 years; ·8· ·something.· She steered me away from it.· And then
·9· ·is that right? ·9· ·she said, "On top of that, I don't think that the
10· · · · A.· ·That sounds about right. 10· ·coaches would allow you to take those courses,
11· · · · Q.· ·I believe in answers to your 11· ·because it's going to be too time-consuming, too
12· ·interrogatories, you said that you were aspiring to 12· ·rigorous with your football schedule."
13· ·be a dentist. 13· · · · · · ·And me being a first-generation college
14· · · · A.· ·That's correct. 14· ·student, I just took her advice and said, "Okay."
15· · · · Q.· ·What were you planning on majoring in when 15· ·And then they enrolled me into, like, leisure
16· ·you came to Iowa? 16· ·studies.
17· · · · A.· ·Dentistry.· But I was a first-generation 17· · · · Q.· ·This conversation with the guidance
18· ·college student.· So I did not know how -- what -- 18· ·counselor, did it take place in 2013 when you
19· ·or what major I needed to be in to achieve that 19· ·arrived on a campus and were a redshirt your first
20· ·goal. 20· ·year?
21· · · · Q.· ·Did you enroll to take science classes or 21· · · · A.· ·It had to have been, yes.
22· ·biology or chemistry or physics or biochemistry, if 22· · · · Q.· ·Do you recall the name of the person that
23· ·you can recall? 23· ·you visited with?
24· · · · · · ·MR. DENNIE:· Objection. 24· · · · A.· ·I do not recall.· That was so long ago.
25· · · · A.· ·I did towards -- 25· · · · Q.· ·Were there other visits with other
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·1· · · · · · ·MR. DENNIE:· Compound and multifarious. ·1· ·guidance counselors about the academic courses that
·2· · · · · · ·You can answer. ·2· ·you wanted to take, or is it just the initial one
·3· · · · Q.· ·(By Mr. Stone)· Go ahead and answer, ·3· ·when you showed up around 2013 on campus?
·4· ·Mr. Parker. ·4· · · · A.· ·I started to meet other guidance
·5· · · · A.· ·I enrolled at the end of my career, I ·5· ·counselors later on in my college career.
·6· ·guess, when I'd proven myself, so to say. ·6· · · · Q.· ·Do you recall the names of any of those
·7· · · · Q.· ·I'm not sure I understand that.· After you ·7· ·guidance counselors?
·8· ·earned your degree, you enrolled in those classes? ·8· · · · A.· ·Not all of them, but one, which is named
·9· · · · A.· ·That's correct. ·9· ·Mario Durante.
10· · · · Q.· ·We'll get to that.· And was that at 10· · · · Q.· ·Was he -- where was he located?
11· ·schools other than Iowa? 11· · · · A.· ·He was located in the -- I forget the name
12· · · · A.· ·Yes, it was. 12· ·of the building, but it's next to the business
13· · · · Q.· ·Okay. 13· ·building where pretty much all the academic advisors
14· · · · A.· ·It started at Iowa, and then it carried on 14· ·are located.
15· ·to other schools. 15· · · · Q.· ·Is it located close to Phillips Hall, or
16· · · · Q.· ·Okay.· Did you take the -- an admission 16· ·is it in Phillips Hall?
17· ·test or a DAT test at any time while you were at 17· · · · A.· ·It's located to the right of the business
18· ·Iowa? 18· ·building and across and to the right -- straight
19· · · · A.· ·No, I did not. 19· ·across and to the right from the science building.
20· · · · Q.· ·Were you able to take classes towards your 20· · · · Q.· ·Do you recall when you met with this other
21· ·desired major? 21· ·gentleman, whose name you just gave us, as a
22· · · · A.· ·I was not. 22· ·guidance counselor?
23· · · · Q.· ·Why was that? 23· · · · A.· ·I met with him in my later career around
24· · · · A.· ·My -- coming in freshman year -- what do 24· ·the time I started taking the pre-req courses for
25· ·they call those?· Like, the counselors -- the 25· ·dental school, so the science courses that you spoke

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·1· ·about.· That's around the time that I met with him. ·1· · · · A.· ·At this point in time, yes.
·2· ·I cannot recall the exact date or year, but it had ·2· · · · Q.· ·What involvement, if any, did Coach Doyle
·3· ·to have been around that time, because I obviously ·3· ·have with you about your choice of a major or a
·4· ·started taking those courses.· And me and him spoke ·4· ·degree focus, if any?
·5· ·about my career in dentistry. ·5· · · · A.· ·I don't recall.
·6· · · · Q.· ·Do you know how many semesters that you ·6· · · · Q.· ·And same question with respect to Brian
·7· ·took science courses at Iowa in preparation for a ·7· ·Ferentz.· Did Brian Ferentz have any involvement in
·8· ·possible dental career? ·8· ·your choice of an academic major or academic
·9· · · · A.· ·I believe one or two.· It wasn't many at ·9· ·coursework?
10· ·all. 10· · · · A.· ·Not to my knowledge.
11· · · · Q.· ·Were those the last two semesters that you 11· · · · Q.· ·You transferred from Iowa and went to
12· ·were enrolled at Iowa? 12· ·Northern Illinois University in 2017 and 2018; is
13· · · · A.· ·Correct, they were the last two semesters. 13· ·that correct?
14· · · · Q.· ·And if your last semester was the fall of 14· · · · A.· ·That's correct.
15· ·2016 and you'd completed your degree work as of that 15· · · · Q.· ·What did you study at Northern Illinois?
16· ·time, would it have been the previous semester, the 16· · · · A.· ·Biology.
17· ·winter/spring of 2016, that you also enrolled in 17· · · · Q.· ·How many semesters did you study at
18· ·science classes? 18· ·Northern Illinois?
19· · · · A.· ·May you repeat the question. 19· · · · A.· ·I was there from the summer of 2017 until
20· · · · Q.· ·Yeah.· I'm just trying to find out if you 20· ·the summer of 2018.
21· ·believe it was the two semesters in 2016, which was 21· · · · Q.· ·I understand you didn't get a degree, but
22· ·your last year at Iowa, that you believe you were 22· ·you did complete coursework in -- I'm sorry.· Did
23· ·taking science courses in preparation for a dental 23· ·you say biology, Mr. Parker?
24· ·career. 24· · · · A.· ·Yes, that's correct.
25· · · · A.· ·I do not recall. 25· · · · Q.· ·And did you finish coursework in
Page 87 Page 89
·1· · · · Q.· ·Did you have discussions with any -- well, ·1· ·preparation for a career in dentistry?
·2· ·with either Brian Ferentz or Coach Chris Doyle about ·2· · · · A.· ·I did not receive a degree from Northern
·3· ·you wanting to be in the field of dentistry or have ·3· ·Illinois University.
·4· ·a career in dentistry? ·4· · · · Q.· ·I understand that.· I didn't mean to ask
·5· · · · · · ·MR. DENNIE:· Objection.· Compound. ·5· ·about a degree, if I did.· I was asking about
·6· ·Multifarious. ·6· ·coursework, I believe.· Did you complete coursework
·7· · · · · · ·You can answer, if you can. ·7· ·towards getting admitted into dental school?
·8· · · · A.· ·I do not recall. ·8· · · · A.· ·Yes, I did.
·9· · · · Q.· ·(By Mr. Stone)· Do you recall having any ·9· · · · Q.· ·And then did you move on to Texas Southern
10· ·conversation with Brian Ferentz about your academic 10· ·University?
11· ·career to any degree? 11· · · · A.· ·That is correct.
12· · · · A.· ·I do not recall. 12· · · · Q.· ·What city is that located in?
13· · · · Q.· ·Did you have any conversation with Chris 13· · · · A.· ·Houston, Texas.
14· ·Doyle, if you can recall, about your academic 14· · · · Q.· ·Did you study there for two years?
15· ·career? 15· · · · A.· ·I was there from the fall of 2018 until
16· · · · A.· ·I'm sure me and Coach Doyle spoke on -- we 16· ·the fall of 2020, when the pandemic came about.
17· ·were around each other so frequently due to the 17· · · · Q.· ·Did the school close when the pandemic
18· ·nature of working out in the weight room, that we 18· ·came in about March of 2020?
19· ·would have small talk here and there, and he 19· · · · A.· ·It did.
20· ·probably asked me, like, what courses am I enrolled 20· · · · Q.· ·Were you working towards obtaining or
21· ·in at the time, but that's as much as I can recall. 21· ·finishing science coursework towards earning
22· · · · Q.· ·Is it fair to say you've told me all of 22· ·admission to dental school?
23· ·the specifics that you can recall about any 23· · · · A.· ·Yes.
24· ·conversations with Coach Doyle about your academic 24· · · · Q.· ·Had you completed your coursework by the
25· ·career? 25· ·time so that you could apply to dental school when

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·1· ·you -- when the pandemic came? ·1· ·believe I'm a very observant person, and what I
·2· · · · A.· ·I completed the required courses.· There's ·2· ·noticed about the program is two people you don't
·3· ·always more courses that you can take to make you a ·3· ·mess with or do anything to get on their bad side is
·4· ·better applicant.· I was not able to take those due ·4· ·Chris Doyle and Kirk Ferentz.· And I know that they
·5· ·to the school closing down and me having to move ·5· ·worked hand in hand.· And most of the things that
·6· ·back home to help out with family. ·6· ·other coaches, along with Doyle, were told to do was
·7· · · · Q.· ·And where is home, Mr. Parker? ·7· ·passed down from Kirk Ferentz.
·8· · · · A.· ·St. Louis, Missouri. ·8· · · · · · ·So my point is I would refrain from
·9· · · · Q.· ·And then when you went back to St. Louis, ·9· ·being -- doing anything that could put me in harm's
10· ·did you attend the University of Missouri at 10· ·way or get me in a bad relationship with Chris
11· ·St. Louis? 11· ·Doyle.· So we did not have a bad relationship.
12· · · · A.· ·That's correct. 12· ·However, that doesn't take away from the things that
13· · · · Q.· ·What did you study there? 13· ·I observed him doing or saying about other players.
14· · · · A.· ·I took biology again.· I took a graduate 14· ·You know, Chris Doyle, we had an interaction early
15· ·medical course to aid in me getting into dental 15· ·on in my career where it had to do with weight, and
16· ·school. 16· ·I noticed how he treated me and others of, you know,
17· · · · Q.· ·Have you applied for dental school? 17· ·African American descent differently than the white
18· · · · A.· ·I have. 18· ·players when it came to that type of thing.· Outside
19· · · · Q.· ·Have you taken the DAT? 19· ·of that, nothing.
20· · · · A.· ·I have. 20· · · · Q.· ·I just want to be sure I heard you
21· · · · Q.· ·Do you have any ability to estimate your 21· ·correctly, Mr. Parker.· You said there was an
22· ·opportunities or chances to get admitted to dental 22· ·incident where you and Mr. Doyle interacted about
23· ·school? 23· ·your weight or weight gain; is that fair to say?
24· · · · A.· ·100 percent chance.· I'm going to get into 24· · · · A.· ·Yeah, that's correct.
25· ·dental school. 25· · · · Q.· ·Can you describe that for me.
Page 91 Page 93
·1· · · · Q.· ·Have you been accepted anywhere? ·1· · · · A.· ·Yeah.· So I was underweight by their
·2· · · · A.· ·I have not. ·2· ·standards.· They wanted me to gain some weight.· And
·3· · · · Q.· ·Where are you applying, sir?· Have you ·3· ·Chris Doyle would make me come in and take shakes.
·4· ·applied at multiple places? ·4· ·He would make me eat certain foods that wasn't to my
·5· · · · A.· ·I have. ·5· ·liking, that was typically undercooked, and I would
·6· · · · Q.· ·When do you expect to hear whether you'll ·6· ·have to eat that in front of him before I could
·7· ·be admitted? ·7· ·leave to either go home or go to the position
·8· · · · A.· ·Between today and August, when school ·8· ·meetings.· And if I did not complete that task, then
·9· ·starts, or within the next year. ·9· ·I was in more trouble, because not only was I doing
10· · · · Q.· ·I believe you mentioned in answer to one 10· ·the right things to make weight, but I was about to
11· ·of your questions that you spent time in the weight 11· ·be late for my meeting.· I wasn't eating the food.
12· ·room during the years you were an athlete at Iowa. 12· ·So I was noncompliant in their terms, as opposed to
13· · · · A.· ·Correct. 13· ·the white teammates.
14· · · · Q.· ·Did you have interaction with Chris Doyle? 14· · · · · · ·Like, one of the players particularly I
15· · · · A.· ·Yes. 15· ·seen that they glorified his whole time at Iowa, was
16· · · · Q.· ·How frequently? 16· ·Matt VandeBerg.· And he was around the same weight
17· · · · A.· ·Frequently, very frequently. 17· ·as me.· No more special.· No more special at all.
18· · · · Q.· ·Each time you went in the weight room, you 18· ·But I seen them taking the time to make sure he was
19· ·would have some interaction with Coach Doyle, 19· ·on weight, telling him how to go about gaining
20· ·generally? 20· ·weight.
21· · · · A.· ·Whether it was a "hi and bye," I had an 21· · · · Q.· ·Mr. Parker, how tall are you?
22· ·interaction with Coach Doyle, yes. 22· · · · A.· ·Five-eight.
23· · · · Q.· ·How did you get along with him personally? 23· · · · Q.· ·And what was your weight when you came to
24· · · · A.· ·Me and Chris Doyle personally -- so what I 24· ·Iowa?
25· ·noticed about the program -- I'm very -- I like to 25· · · · A.· ·I do not recall exactly.· I do not recall

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·1· ·exactly. ·1· · · · Q.· ·When you were a wide receiver, who was
·2· · · · Q.· ·Do you recall what your target weight was ·2· ·your primary coach?
·3· ·while you were a player at Iowa? ·3· · · · A.· ·Bobby Kennedy.
·4· · · · A.· ·Yeah.· It was -- it always fluctuated. ·4· · · · Q.· ·And when you had a role or were engaged in
·5· ·You got to understand it.· It fluctuated within the ·5· ·special teams, was there a coach that was different
·6· ·years, you know, but the last goal that I can recall ·6· ·from Mr. Kennedy?
·7· ·was 185 and then 190 pounds. ·7· · · · A.· ·Yes.
·8· · · · Q.· ·Did you achieve that weight? ·8· · · · Q.· ·Who was that?
·9· · · · A.· ·I came very close to achieving 185.· I may ·9· · · · A.· ·It was -- depending on the special teams
10· ·have hit that goal a few times, but it was very 10· ·type, it was Chris White, Seth Wallace, Lavar Woods,
11· ·difficult.· I pretty much was killing myself, to put 11· ·and that's the most I can recall right now.
12· ·it in perspective. 12· · · · Q.· ·I believe, in answer to a question, you
13· · · · Q.· ·And do you recall when you had the 13· ·mentioned Bobby Kennedy earlier.· Did you have a
14· ·conversation or incident you were describing with 14· ·conversation with him about your alleged feelings
15· ·Coach Doyle about your weight?· Can you put that in 15· ·about racial discrimination in the Iowa program?
16· ·context?· Or were you a redshirt?· Were you -- 16· · · · A.· ·I did.
17· · · · A.· ·I was a redshirt. 17· · · · Q.· ·How many times did you have such a
18· · · · Q.· ·And that was the year 2013 -- the playing 18· ·conversation with Mr. -- or Coach Kennedy?
19· ·season 2013? 19· · · · A.· ·Once.
20· · · · A.· ·Yes.· Between 2013 and 2015. 20· · · · Q.· ·Do you recall when that was?
21· · · · Q.· ·Between those years? 21· · · · A.· ·I don't recall the exact date or year. I
22· · · · A.· ·Yes. 22· ·do not.
23· · · · Q.· ·How many times do you recall discussing 23· · · · Q.· ·Do you recall whether it was before your
24· ·your weight with Coach Doyle? 24· ·foot injury?
25· · · · A.· ·I can't recall the exact number of times. 25· · · · A.· ·I do not recall.
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·1· ·It was a bunch, a good number of times. ·1· · · · Q.· ·What was the circumstance?· Where were you
·2· · · · Q.· ·When you came to Iowa, were you in the ·2· ·when you had this conversation with Mr. Kennedy?
·3· ·running backs room? ·3· · · · A.· ·I was at practice.· This was after --
·4· · · · A.· ·That is correct. ·4· ·after a certain drill, but it had to do with Seth
·5· · · · Q.· ·Who was your coach? ·5· ·Wallace.· Seth Wallace was as -- Seth Wallace was
·6· · · · A.· ·Chris White. ·6· ·saying some things to me, you know, during and after
·7· · · · Q.· ·And what years were you in the running ·7· ·the drill.· And I just -- I got real upset, and
·8· ·backs room? ·8· ·that's when I finally said how I felt openly to a
·9· · · · A.· ·My redshirt year, so 2013, and I believe ·9· ·coach about the program.· And then that's when I
10· ·until about 2015 -- the end of 2015, early 2016. 10· ·mentioned to Bobby Kennedy that Seth Wallace is
11· · · · Q.· ·Did you become a wide receiver at some 11· ·racist.· And he took a long pause, because he -- I
12· ·point in time? 12· ·believe he knew it when he took a long pause.· Like,
13· · · · A.· ·Yes. 13· ·you can't say that.· You know you can't say that.
14· · · · Q.· ·When do you recall you became a wide 14· ·Let's try to switch -- let's try to switch it and
15· ·receiver in the program? 15· ·say that maybe the coaches are tough on us, but we
16· · · · A.· ·I'm not sure the exact date or year when I 16· ·can't say that they're a racist.· And he got upset
17· ·made that transition.· I just believe it had to have 17· ·with me.
18· ·been in between the years that I just stated. 18· · · · Q.· ·Was this incident or this discussion with
19· · · · Q.· ·Did you, then, stay as a wide receiver, or 19· ·Mr. Kennedy -- was that following a practice
20· ·did you move to special teams or have any other 20· ·involving special teams?
21· ·transition to another position? 21· · · · A.· ·I do not recall exactly.
22· · · · A.· ·So special teams are independent from a 22· · · · Q.· ·Why was Seth Wallace coaching you at that
23· ·player's position.· So my home position was 23· ·time, if you know?· Or was he?· Was he coaching you
24· ·receiver.· I stayed at receiver, yes, but I also 24· ·at that time?
25· ·tried playing on some special teams. 25· · · · A.· ·He was not coaching me personally, no.

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·1· ·Seth Wallace -- so you got to understand we had a ·1· ·whole career.· It all was merging together.· It
·2· ·bunch of different practices, a bunch of different ·2· ·happened so frequently.
·3· ·special teams.· The coaches always rotated what ·3· · · · Q.· ·Were you ever asked to play when you were
·4· ·special teams they were coaching year by year.· So ·4· ·not medically cleared to play?
·5· ·it's really kind of difficult to pinpoint the exact ·5· · · · A.· ·So I don't understand the definition of
·6· ·moment.· However, Seth Wallace was also a defensive ·6· ·being medically cleared.· Because, you know,
·7· ·coach, and I was an offensive coach [sic].· At the ·7· ·obviously, you can still be in pain.· You can still
·8· ·time -- or oftentimes defense would go against the ·8· ·feel injured.· But if you're cleared by their
·9· ·offense. ·9· ·standards, then you're going to play.· And if you
10· · · · · · ·So I can't say if it was a matter of me 10· ·don't play, then you're prone to likely not ever
11· ·doing an offensive drill incorrectly or to -- not to 11· ·having a chance to play or getting kicked off the
12· ·their liking or if it was a special teams drill. I 12· ·team or doing community service.
13· ·just remember having the interaction with Seth 13· · · · Q.· ·When you injured your foot, did you see
14· ·Wallace at practice and going to speak with Bobby 14· ·Dr. Amendola?
15· ·Kennedy after the incident.· Other receivers were 15· · · · A.· ·I do not recall the doctor name, but it
16· ·around, like Riley McCarron, Andre Harris, Matt 16· ·was the team doctor.
17· ·VandeBerg.· So they heard my incident with Bobby 17· · · · Q.· ·Do you remember the name Dr. Wolf?
18· ·Kennedy about Seth Wallace. 18· · · · A.· ·I believe so, yes.· Yes.
19· · · · Q.· ·What did you say to Bobby Kennedy about 19· · · · Q.· ·Were you cleared to play after your foot
20· ·Seth Wallace? 20· ·injury at any time other than just before the Purdue
21· · · · A.· ·I don't recall exactly, but I do recall 21· ·game, if you know?
22· ·saying that "Seth Wallace is racist.· This program 22· · · · A.· ·I don't recall exactly.
23· ·is racist.· They're not treating black players the 23· · · · Q.· ·Do you recall any instance where you
24· ·same way that they're treating white players."· And 24· ·believed you were requested or required to practice
25· ·then that's when he got upset and said that "You 25· ·or play when you were not cleared by the team
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·1· ·can't say that.· You know, that's not the right ·1· ·physicians for practice or play?
·2· ·thing to say." ·2· · · · A.· ·I don't recall.
·3· · · · Q.· ·Had Seth Wallace said things to you that ·3· · · · Q.· ·Do you know what year Seth Wallace became
·4· ·you believed indicated to you that you thought he ·4· ·a coach at Iowa?
·5· ·was racist? ·5· · · · A.· ·I do not recall.
·6· · · · A.· ·Yes.· Yes. ·6· · · · Q.· ·Was your discussion with Bobby Kennedy
·7· · · · Q.· ·What -- ·7· ·during the first year that Seth Wallace was a coach
·8· · · · A.· ·He said that "Oh, you don't" -- "you don't ·8· ·at Iowa, if you can recall?
·9· ·have the dog in you.· You don't have the fight in ·9· · · · A.· ·I can't recall.
10· ·you like someone" -- "like someone of your 10· · · · Q.· ·Were you a starter at Iowa in 2014, the
11· ·background would."· And so what does that exactly 11· ·year after your redshirt year?
12· ·mean, "You don't have the dog, the fight in you"? 12· · · · A.· ·Are you speaking as my main position or
13· · · · · · ·And as I recall that you stated earlier, 13· ·special teams?
14· ·Kirk Ferentz also said something about dog.· But 14· · · · Q.· ·Well, why don't you explain to me what
15· ·what does that mean?· Because I never hearing them 15· ·your role was on both and whether you were a starter
16· ·referring to dog when they were speaking to our 16· ·on one or both.
17· ·white teammates, about having some type of dog.· So 17· · · · A.· ·Okay.· My main position after I redshirted
18· ·what does that mean? 18· ·was running back.· No, I did not start at running
19· · · · · · ·I also don't recall them shooting our 19· ·back.· On special teams I was a kickoff returner,
20· ·white teammates up with some type of, let's see, 20· ·and I was a starter on kickoff return.
21· ·desensitizer or something that'll numb them up to 21· · · · Q.· ·During the year 2014?
22· ·allow them to continue to play the game being 22· · · · A.· ·My redshirt freshman year actually
23· ·injured. 23· ·playing.· Yeah, 2014.
24· · · · · · ·So, yeah, it was -- you know, these was 24· · · · Q.· ·What about in 2015?· What do you recall
25· ·everyday occurrences.· It's all in the course of the 25· ·about whether you were a starter in 2015?

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·1· · · · A.· ·I believe I was a starter on kickoff ·1· ·the end of 2016?
·2· ·return again for most of the year, but not -- yeah, ·2· · · · A.· ·Two depth chart?· What is --
·3· ·for most of the year. ·3· · · · Q.· ·Well --
·4· · · · Q.· ·Did something happen in 2015 that other ·4· · · · A.· ·What is that?
·5· ·people took over the kick returning ·5· · · · Q.· ·-- is there a depth chart for kick
·6· ·responsibilities? ·6· ·returners?
·7· · · · A.· ·Yes.· It was my -- it was my judgment in a ·7· · · · A.· ·Yes.· There's a depth chart for all
·8· ·bowl game -- I believe the bowl game incident when ·8· ·positions.
·9· ·we were going against Tennessee prompted me to not ·9· · · · Q.· ·Were Desmond King and Riley McCarron and
10· ·be the starting kickoff returner anymore and instead 10· ·Devonte Young ahead of you on the depth chart for
11· ·be the backup. 11· ·kick returners?
12· · · · Q.· ·And who became the starter?· Was that 12· · · · A.· ·I'm not sure.· The coaches would know
13· ·Desmond King? 13· ·that.· Again, you know, the coaches wasn't always
14· · · · A.· ·Yes. 14· ·honest about where a player was on the depth chart,
15· · · · Q.· ·Who else ran back kicks that year besides 15· ·and they didn't come openly and tell you where you
16· ·Desmond King? 16· ·were on the depth chart, unless you asked.· They
17· · · · A.· ·I don't recall. 17· ·also stated that we should never come and ask, and
18· · · · Q.· ·Was Riley McCarron a kick returner in that 18· ·we should just keep our head down and continue to
19· ·year, if you know? 19· ·work hard and not mention anything about the
20· · · · A.· ·Riley McCarron had a position on kickoff 20· ·coaches.
21· ·returns.· So if the ball was kicked to him, he could 21· · · · · · ·And as I stated earlier, I was one of
22· ·possibly return it, but I'm not sure.· I can't 22· ·those players who tried to refrain from doing
23· ·recall if he was a main returner. 23· ·anything that would upset the coaches.· So I never
24· · · · Q.· ·And then in the summer of 2016, you 24· ·asked, pretty much, anything about that.· Instead I
25· ·injured your foot so that you didn't play in several 25· ·tried to keep quiet and do my work.
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·1· ·games at the start of the year 2016; correct? ·1· · · · · · ·So as far as knowing about a depth chart,
·2· · · · A.· ·May you repeat the question. ·2· ·I'm sure there's one, but I've never known where I
·3· · · · Q.· ·Do you recall that you injured your foot ·3· ·was on the depth chart.· And I don't believe the
·4· ·about July 28th of 2016 and did not compete in the ·4· ·depth charts are even true, because there was a
·5· ·first several games of 2016? ·5· ·point in time where I was a second backup receiver,
·6· · · · A.· ·That's correct. ·6· ·and the person that was in front of me got hurt.· So
·7· · · · Q.· ·Do you know how many games you missed in ·7· ·instead of me playing, which would have prompted me
·8· ·2016 due to your foot injury? ·8· ·to be the starter, they moved another white guy over
·9· · · · A.· ·I do not. ·9· ·into my position and moved everything around.
10· · · · Q.· ·When you came back, were you the starting 10· · · · Q.· ·Who did they move ahead of you in that
11· ·kick returner? 11· ·situation?
12· · · · A.· ·I was not. 12· · · · A.· ·Oh, they moved -- they moved Riley
13· · · · Q.· ·Did you play wide receiver in 2016? 13· ·McCarron over.· This was around the time Matt
14· · · · A.· ·After I injured my foot, I was a receiver 14· ·VandeBerg got hurt.· So they moved Riley McCarron
15· ·at the time.· So I came back and played receiver. 15· ·over, and they made other adjustments in the other
16· · · · Q.· ·Did you have surgery on your foot?· Do 16· ·receiver positions.
17· ·you -- 17· · · · Q.· ·And you thought you were better than Riley
18· · · · A.· ·I did. 18· ·McCarron?
19· · · · Q.· ·What was your specific injury to your 19· · · · A.· ·Me and Riley McCarron were two different
20· ·foot, if you can recall, Mr. Parker? 20· ·people.· You know, he was a talented player, but
21· · · · A.· ·Fractured my fifth metatarsal. 21· ·yeah, I believe if they would've gave me the
22· · · · Q.· ·In layman's terms is that, like, your big 22· ·opportunity to really showcase myself, then they
23· ·toe or your little toe, or is it just -- what? 23· ·would have known that.
24· · · · A.· ·Yeah.· It's your pinkie toe. 24· · · · · · ·I believe most of the black -- see, this
25· · · · Q.· ·Okay.· Were you on the two depth chart at 25· ·is the thing.· Most of the black players are more

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·1· ·talented or better than the white players.· However, ·1· ·we've marked as Exhibit 33?
·2· ·there is a thing where the walk-on specifically has ·2· · · · A.· ·Okay.
·3· ·to get the shine, especially if you're an Iowa ·3· · · · Q.· ·Can you tell --
·4· ·native.· I seen them bring in black players that ·4· · · · · · ·REPORTER:· I'm sorry.· I didn't hear that.
·5· ·were on full scholarship and diminish them and send ·5· · · · · · ·MR. STONE:· I'm sorry?
·6· ·them away just so they could give a white walk-on ·6· · · · · · ·REPORTER:· I didn't hear Mr. Parker's
·7· ·their scholarship. ·7· ·answer.
·8· · · · Q.· ·Who's that you're referring to? ·8· · · · A.· ·Oh, I said "okay."
·9· · · · A.· ·It was a defensive player, and also I ·9· · · · Q.· ·(By Mr. Stone)· Is that how you appeared
10· ·believe Matt VandeBerg was a walk-on. 10· ·when you were a freshman in the Iowa program?
11· · · · Q.· ·So you must have had somebody in mind you 11· · · · A.· ·Yes.
12· ·were describing when they -- you said a white player 12· · · · Q.· ·When you came to Iowa, did you have longer
13· ·who was a walk-on took the position -- 13· ·hair, or do you recall?
14· · · · A.· ·Oh, it was frequent.· It was frequent.· So 14· · · · A.· ·Shorter hair, as seen in the image.
15· ·there is not one player in mind. 15· · · · Q.· ·Okay.· This was how it was for you when
16· · · · Q.· ·Well, then tell me all of them. 16· ·you were in high school and when you came to Iowa?
17· · · · A.· ·Oh, I can't remember.· You know, there's 17· · · · A.· ·Correct.
18· ·new players that come in every year, every year. 18· · · · Q.· ·Do you have any tattoos, Mr. Parker?
19· ·And I don't keep up with who's a walk-on and 19· · · · A.· ·Yes, I do.
20· ·who's -- who's on full scholarship. 20· · · · Q.· ·Did you have tattoos when you were part of
21· · · · · · ·You have to understand that I feel like 21· ·the Iowa program?
22· ·there's always been a level of discrimination within 22· · · · A.· ·Yes, I did.
23· ·the program.· There is white people that hang out 23· · · · Q.· ·Can you tell me where your tattoos are
24· ·with white people.· There's black people that hang 24· ·located, Mr. Parker, on your body.
25· ·out with black people.· And the black people would 25· · · · A.· ·Yes.· They're located on my chest and rib
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·1· ·try to talk to the white people, but they wouldn't ·1· ·area -- ribcage area.
·2· ·necessarily talk to us.· They wouldn't be ·2· · · · Q.· ·When you wear clothing, do you wear
·3· ·comfortable talking to us.· That's how we perceived ·3· ·clothing that you would describe as African clothing
·4· ·it.· So they would go off and do their own thing. ·4· ·or other cultural dress?· Is that commonly done by
·5· · · · · · ·So who was a walk-on and who wasn't, I'm ·5· ·you, Mr. Parker?
·6· ·not sure.· Only time I got that information is if I ·6· · · · · · ·MR. DENNIE:· Objection.· Vague and
·7· ·was sitting in practice and noticed -- at the end of ·7· ·ambiguous.
·8· ·practice, we go into huddle and -- or we're in a ·8· · · · Q.· ·(By Mr. Stone)· Can you describe for me
·9· ·team meeting and Kirk Ferentz announces, "Hey, Matt ·9· ·how you dress typically, Mr. Parker.
10· ·VandeBerg is now on scholarship." 10· · · · · · ·MR. DENNIE:· Objection.· Vague and
11· · · · · · ·I'm like, "Oh, okay.· Yeah."· And Andre 11· ·ambiguous.
12· ·Harris just left a couple days ago.· AJ Jones just 12· · · · A.· ·Yeah.· That's great.· Typically I like to
13· ·left not too long ago.· You know, so, unfortunately, 13· ·dress how we're sitting right now, on average, but I
14· ·I can't recall the names.· It was frequent. 14· ·do have other clothes that I like to call street
15· · · · · · ·MR. DENNIE:· Counsel, are you at a point 15· ·wear that is fashionable that I like to wear as
16· ·where we can take a break?· We've been going a 16· ·well.· But typically on average I dress like this.
17· ·little over an hour now. 17· · · · Q.· ·(By Mr. Stone)· Do you wear jewelry,
18· · · · · · ·MR. STONE:· Yeah.· We can take 10 minutes. 18· ·Mr. Parker?
19· · · · · · ·THE VIDEOGRAPHER:· Off the record at 19· · · · A.· ·On occasion.
20· ·11:36 a.m. 20· · · · Q.· ·What do you wear?
21· · · · · · ·(A brief recess was taken.) 21· · · · A.· ·Just a watch, a necklace that I have, and
22· · · · · · ·THE VIDEOGRAPHER:· On the record at 22· ·earrings.
23· ·11:51 a.m. 23· · · · Q.· ·Do you have your ears pierced?
24· · · · Q.· ·(By Mr. Stone)· Mr. Parker, I'm going to 24· · · · A.· ·That's correct.· I wear earrings.
25· ·show you Exhibit 33.· Do you have before you what 25· · · · Q.· ·Did you have your ears pierced during the

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·1· ·time you were at the University of Iowa? ·1· · · · A.· ·I do not recall.· However, he made it
·2· · · · A.· ·I did. ·2· ·about other players.· And one thing that I tried to
·3· · · · Q.· ·Did you wear a necklace at the time you ·3· ·do, because I saw how they targeted us black
·4· ·were at the University of Iowa? ·4· ·players, is -- when I was walking into the football
·5· · · · A.· ·I did. ·5· ·facility, I tried to make sure I looked appropriate
·6· · · · Q.· ·Did Brian Ferentz ever mock, make fun of ·6· ·to their standards, whether that was taking out my
·7· ·you, or ridicule you directly because of your hair? ·7· ·earrings or tucking my chain in or making sure my
·8· · · · A.· ·He made a statement about my hair once ·8· ·hair was combed or taking my hat off or making sure
·9· ·before.· And that's when it was in -- it was ·9· ·my jeans was pulled up to my shoulder blades.
10· ·starting to get a little longer.· It was starting to 10· · · · Q.· ·(By Mr. Stone)· Did Brian Ferentz ever
11· ·get a little longer.· He asked how do I wear it like 11· ·mock, make fun of you, or ridicule you directly
12· ·that, how do I keep it up, you know, how do I take 12· ·about any jewelry you were wearing?
13· ·care of my hair.· And then I eventually cut my hair 13· · · · · · ·MR. DENNIE:· Objection.· Compound.
14· ·after that.· Yeah. 14· ·Multifarious.
15· · · · Q.· ·Did you answer him? 15· · · · A.· ·About my jewelry, no, I don't recall.· As
16· · · · A.· ·Yeah. 16· ·I've stated, I tried to refrain from being or
17· · · · Q.· ·What'd you tell him? 17· ·looking like anything that would make the coaches
18· · · · A.· ·So the way he tried to bring off his 18· ·upset with me.· So any time I entered the facility,
19· ·statement, I just told him, "Like, it's just a way 19· ·I would make sure all those things were not visible.
20· ·that I wear my hair.· I just wrap it at night, you 20· · · · Q.· ·(By Mr. Stone)· Did Brian Ferentz ever
21· ·know, and I just usually comb it out."· Yeah. 21· ·mock you or make fun of you or ridicule you about
22· · · · Q.· ·When did you have this conversation with 22· ·your diction or the way that you talked?
23· ·Brian Ferentz? 23· · · · · · ·MR. DENNIE:· Objection.· Compound.
24· · · · A.· ·I do not recall the exact time frame. 24· ·Multifarious.
25· · · · Q.· ·Can you recall whether it was when you 25· · · · A.· ·He would make a joke -- he made a joke to
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·1· ·were a redshirt or when you were on the team ·1· ·me -- and I seen him do it multiple times, whether
·2· ·practicing or playing? ·2· ·he was making a joke or just being straight-up
·3· · · · A.· ·I was on the team.· As far as if I was ·3· ·serious -- about how I would pronounce a certain
·4· ·playing at the time, I don't think that -- I can't ·4· ·word or words, and he would ask, "How did you say
·5· ·recall that exactly, but I do remember in the ·5· ·that?· Can you say that again?"
·6· ·location.· It was downstairs by the equipment -- we ·6· · · · Q.· ·(By Mr. Stone)· Do you recall the words?
·7· ·called it, like, equipment office.· It was by the ·7· · · · A.· ·I would just have to be talking regular
·8· ·equipment office.· And I was just walking in the ·8· ·and ask me -- I don't recall exactly.
·9· ·building, and Brian Ferentz happened to be right ·9· · · · Q.· ·Do you recall any of the words that he
10· ·there, and he saw my hair, and that's when he made 10· ·asked you about how you pronounced them or the way
11· ·his comment. 11· ·you spoke?
12· · · · Q.· ·Can you tell us what year he made the 12· · · · A.· ·At this point in time, I can't recall the
13· ·comment? 13· ·exact word.
14· · · · A.· ·I cannot. 14· · · · Q.· ·Do you recall when these events or when
15· · · · Q.· ·Can you tell us whether it was before your 15· ·this conversation occurred with Brian Ferentz?· Was
16· ·foot injury or not? 16· ·it before your foot injury?
17· · · · A.· ·It was before my foot injury. 17· · · · · · ·MR. DENNIE:· Objection.· Compound.
18· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to 18· ·Multifarious.· Counsel, you're again testifying.
19· ·you about any tattoos? 19· ·Just ask him the question.
20· · · · A.· ·No, he did not. 20· · · · Q.· ·(By Mr. Stone)· That's a question,
21· · · · Q.· ·Did Mr. Brian Ferentz ever mock, make fun 21· ·Mr. Parker.· You may answer it.
22· ·of, or ridicule you about your clothing, if you can 22· · · · · · ·MR. DENNIE:· It was multiple questions.
23· ·recall? 23· ·So if you understand it.
24· · · · · · ·MR. DENNIE:· Objection.· Compound. 24· · · · A.· ·May you repeat the question.
25· ·Multifarious. 25· · · · Q.· ·(By Mr. Stone)· When did Brian Ferentz say

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·1· ·anything to you about the way that you spoke, if you ·1· · · · Q.· ·Do you know what season it was in?
·2· ·can recall, Mr. Parker? ·2· · · · A.· ·I do not recall.
·3· · · · A.· ·I don't recall the exact date and time. ·3· · · · Q.· ·Do you know when Derrick Mitchell
·4· · · · Q.· ·Can you be any more specific? ·4· ·transferred?
·5· · · · A.· ·Yes. ·5· · · · A.· ·I do not recall.
·6· · · · Q.· ·Go ahead. ·6· · · · Q.· ·Other than that incident that you've
·7· · · · A.· ·Tell you the location.· The location was ·7· ·relayed to us, are there any other incidents where
·8· ·downstairs in front of the equipment office.· I was ·8· ·you believe that Brian Ferentz said anything to you
·9· ·coming into the building, and Brian Ferentz saw me, ·9· ·about your diction?
10· ·and he noticed my hair, and that's when he made a 10· · · · A.· ·May you repeat that last word.
11· ·comment about how do I get my hair that way, how do 11· · · · Q.· ·Yes.· I'll try to reask the question,
12· ·I maintain it. 12· ·Mr. Parker.· Other than the one incident that you've
13· · · · Q.· ·Maybe my question wasn't clear, 13· ·talked to us about, do you recall any other
14· ·Mr. Parker.· I meant to ask you about the way you 14· ·incidents with Brian Ferentz when he spoke to you
15· ·were speaking and what Brian Ferentz said to you 15· ·about your diction or your pronunciation of words or
16· ·about the way you were speaking.· Do you recall that 16· ·the way in which you spoke?
17· ·incident? 17· · · · A.· ·With me personally, no.· But I observed
18· · · · A.· ·Oh, yeah.· It was after practice one day. 18· ·him speaking about other players on multiple
19· ·We were just walking.· I was talking to another 19· ·occasions.
20· ·teammate, and Brian Ferentz was walking along the 20· · · · Q.· ·Did Mr. Brian Ferentz ever mock you about
21· ·side of us.· And we were talking regular, and Brian 21· ·your diction or your pronunciation or the way that
22· ·Ferentz heard us talking, and I guess when I said 22· ·you spoke?
23· ·something, he asked about it, which was, "What is 23· · · · A.· ·He did.· But he made it a joke, asking can
24· ·that word you said?· How do you say that?· Where 24· ·he steal that word or borrow that word, how does he
25· ·does that come from?· Is that a slang term" -- or 25· ·sound when he say it.· To me, when he asked, "Is
Page 115 Page 117
·1· ·whatever.· "I never heard that.· Oh, that's ·1· ·that a slang term?" that's already offensive to me.
·2· ·interesting.· I should try using it.· Can I steal ·2· ·So that -- yes, he did.
·3· ·your word?· Can I have your word?"· It was things ·3· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
·4· ·like that. ·4· ·you about the way that you walked?
·5· · · · · · ·And again, he tried to make it into a joke ·5· · · · A.· ·No.
·6· ·oftentimes, but if you were black and not seeing him ·6· · · · Q.· ·Did he ever mock you about the way that
·7· ·do the same to white players, you instantly felt ·7· ·you walked?
·8· ·offended.· And this was every day.· So it's tough to ·8· · · · A.· ·No, not that I can recall.
·9· ·figure out -- to say what exact word it was, because ·9· · · · Q.· ·Did he ever make fun of the way that you
10· ·I'm having a normal, everyday conversation to me, 10· ·walked?
11· ·but to him it's different and interesting.· Yeah. 11· · · · A.· ·Not me personally, no.
12· · · · Q.· ·How many times did this occur with 12· · · · Q.· ·Did he ever ridicule you for the way that
13· ·Mr. Brian Ferentz, if you know? 13· ·you walked?
14· · · · A.· ·That's the only occasion I can remember 14· · · · A.· ·Not that I can recall.
15· ·where it was with me specifically.· But with other 15· · · · Q.· ·Were you on the players council or
16· ·players it was very common. 16· ·leadership council at any time, Mr. Parker?
17· · · · Q.· ·Do you know who the other player or 17· · · · A.· ·Are you speaking of the Hawkeye challenge,
18· ·players were that were with you at the time that 18· ·that we form a team and, you know, you have your, I
19· ·Brian Ferentz had this conversation with you about 19· ·guess, leaders or captains of the team?
20· ·the word you were describing? 20· · · · Q.· ·Do you know what the leadership council
21· · · · A.· ·Yeah.· It was me and Derrick Mitchell.· We 21· ·is, Mr. Parker?
22· ·were walking into the locker room and talking. 22· · · · A.· ·Yes.
23· · · · Q.· ·Can you be any more specific about when it 23· · · · Q.· ·Can you describe for me what the
24· ·occurred?· Was it prior to your foot injury again? 24· ·leadership council is.
25· · · · A.· ·This was prior to my foot injury. 25· · · · A.· ·The leadership council, from my

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·1· ·understanding, is a group of teammates where they ·1· ·think you mentioned the name Jordan; is that right?
·2· ·will go and address certain concerns with Kirk ·2· · · · A.· ·Jordan Lomax.
·3· ·Ferentz or any other coach.· They were supposed to ·3· · · · Q.· ·Okay.· Was he or a gentleman named Pete
·4· ·take down any issues that the players may have, I ·4· ·the two representatives on the leadership council,
·5· ·believe, or anything that they can see as team ·5· ·and you spoke to one of them about music and about
·6· ·bonding.· It's pretty much a council that is built ·6· ·other issues?
·7· ·to uplift the team and help build the brand of the ·7· · · · A.· ·Yes.
·8· ·program. ·8· · · · Q.· ·And do you know whether they went to the
·9· · · · Q.· ·Were you ever part of the leadership ·9· ·leadership council meeting?· I mean, did you see
10· ·council, Mr. Parker? 10· ·them at a leadership council meeting?
11· · · · A.· ·Not that I can recall. 11· · · · A.· ·Well, they're on the group.· They're on a
12· · · · Q.· ·Did you ever attend any leadership council 12· ·group.· And -- they were on a group.· So their job
13· ·meetings? 13· ·was to take anything -- like, we can come to them at
14· · · · A.· ·I believe so. 14· ·any time with any concern, and their job was to go
15· · · · Q.· ·Do you know when you attended? 15· ·back and speak with Kirk Ferentz about the matter.
16· · · · A.· ·I do not recall when I attended. 16· ·And they were supposed to bring it to the attention
17· · · · Q.· ·What was the subject of the meeting that 17· ·of the team, a solution of how we can move forward.
18· ·you attended? 18· ·Nothing was ever done about the music.· Nothing was
19· · · · A.· ·They always varied.· So I'm not sure. 19· ·ever done about the music.· And obviously nothing
20· ·Most of the times I didn't really listen in the 20· ·was ever done about the racial issues within the
21· ·leadership council meetings, for the simple fact 21· ·program.
22· ·that no matter what the players were voicing or if 22· · · · Q.· ·Other than your conversation with Bobby
23· ·it was a true matter, that they were only doing what 23· ·Kennedy, did you ever talk with a different coach
24· ·Kirk Ferentz told them to come back and say and do. 24· ·about any claims or allegations of racial
25· · · · Q.· ·Do you recall whether you ever spoke at a 25· ·discrimination that you and I have not talked about
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·1· ·leadership council meeting? ·1· ·yet?
·2· · · · A.· ·I do not recall. ·2· · · · A.· ·Not that I can recall.· Because at the end
·3· · · · Q.· ·Do you recall ever lodging any complaints ·3· ·of the day, if they -- the coaches felt that it was
·4· ·or objection at a leadership council meeting? ·4· ·true, there is nothing that they can do, because
·5· · · · A.· ·I recall asking about the music be changed ·5· ·Kirk Ferentz allowed it.· He knew about it, because
·6· ·over to music that -- or did they intertwine music ·6· ·there is nothing that he did not know about.· So he
·7· ·that we -- like, that us black players liked to ·7· ·allowed it in the program.
·8· ·listen to.· I told them to speak about the issues ·8· · · · · · ·So there's -- it's difficult when -- it's
·9· ·relating to how the black players were always ·9· ·difficult to go speak with someone about a matter
10· ·getting chose last when we would do Hawkeye 10· ·that you're feeling, and then they go and tell Kirk
11· ·challenge teams and how the white people would just 11· ·Ferentz.· And now you have to be on the fence even
12· ·pick up each other.· Phew.· Yeah, just a lot. 12· ·more, because Kirk Ferentz is more than likely going
13· · · · Q.· ·Was this at a leadership council meeting 13· ·to come to you, and he's going to give you community
14· ·that you made this? 14· ·service or he's just going to diminish and discredit
15· · · · A.· ·It's a one-on-one meeting with someone in 15· ·you as a player.· And you're just going to be on bad
16· ·leadership council.· If I'm not mistaken, it was -- 16· ·terms with Kirk Ferentz.· It's hard to talk to
17· ·gosh -- Pete, I want to say, was -- I'm not sure. 17· ·anyone in that program.· It's hard.
18· ·I'm not sure.· Or Jordan Lo- -- I'm not sure who it 18· · · · Q.· ·Who did Kirk Ferentz give community
19· ·was that I spoke with, but it was one-on-one.· It 19· ·service to for lodging any complaints about the
20· ·was not in a meeting.· And their job is to go back 20· ·program, if you know?
21· ·and talk to Kirk Ferentz, and then we're supposed to 21· · · · · · ·MR. DENNIE:· You're talking in addition to
22· ·have a team meeting or a leadership meeting with the 22· ·him, Counsel?· Because you-all have already talked
23· ·team where they talk about these issues and the 23· ·about that.· I just want to be clear on what the
24· ·solutions. 24· ·question is.
25· · · · Q.· ·Just so I'm clear, Mr. Parker, you -- I 25· · · · Q.· ·(By Mr. Stone)· Well, let me reask the

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·1· ·question, Mr. Parker.· What individual player or ·1· · · · A.· ·Not that I can recall.· He mocked others
·2· ·former player do you know received community service ·2· ·about their hair --
·3· ·obligations from Coach Kirk Ferentz because they ·3· · · · Q.· ·Did --
·4· ·lodged any complaint about racial discrimination, ·4· · · · A.· ·-- definitely.
·5· ·hair, tattoos, clothing, jewelry, diction, or the ·5· · · · Q.· ·I'm sorry.· Did Chris Doyle ever make fun
·6· ·way that any person walked, if you know? ·6· ·of you directly about your hair?
·7· · · · A.· ·Well, you have to understand -- and I'm ·7· · · · A.· ·Not that I can recall.
·8· ·sure you probably can tell from the recording that ·8· · · · Q.· ·Did Chris Doyle ever ridicule you directly
·9· ·we listened to with Kirk Ferentz, is that he's not ·9· ·about your hair?
10· ·going to come out and tell a player, "You're getting 10· · · · A.· ·Not that I can recall.
11· ·community service because you're talking about 11· · · · Q.· ·Did Chris Doyle ever mock you about your
12· ·racism being in this program."· He's going to flip 12· ·tattoos?
13· ·it to something else and then give that player 13· · · · A.· ·Not that I can recall.
14· ·community service, as you can hear in the video.· He 14· · · · Q.· ·Did Chris Doyle ever say anything to you
15· ·talks -- his main goal is to get me to transfer, but 15· ·about your tattoos?
16· ·he talks about giving me community service because I 16· · · · A.· ·Not that I can recall.
17· ·inappropriately disrespected his son.· But he didn't 17· · · · Q.· ·Did Chris Doyle ever make fun of you about
18· ·bring up the fact -- or he didn't really care to 18· ·your tattoos?
19· ·acknowledge how his son was extremely wrong and how 19· · · · A.· ·Not that I can recall.
20· ·that he should be dealt with.· And instead, as I can 20· · · · Q.· ·Did Chris Doyle ever ridicule you about
21· ·recall, his son got a promotion the next year and 21· ·your tattoos?
22· ·became offensive coordinator, while I was off to 22· · · · A.· ·Not that I can recall.
23· ·another university. 23· · · · Q.· ·Did Chris Doyle ever say anything to you
24· · · · Q.· ·Have you now told me every player or 24· ·about your clothing?
25· ·former player that you know received community 25· · · · A.· ·Not that I can recall at this point in
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·1· ·service from Kirk Ferentz because they lodged any ·1· ·time.
·2· ·complaints about racial discrimination, hair, ·2· · · · Q.· ·Did Chris Doyle ever mock you about your
·3· ·tattoos, clothing, jewelry, diction, or the way they ·3· ·clothing?
·4· ·walked? ·4· · · · A.· ·Not that I can recall.
·5· · · · A.· ·As I can recall. ·5· · · · Q.· ·Did Chris Doyle ever make fun of you about
·6· · · · Q.· ·Did you personally complain to Kirk ·6· ·your clothing?
·7· ·Ferentz at any time that Brian Ferentz had made ·7· · · · A.· ·Not that I can recall.
·8· ·comment to you about any of those topics we just ran ·8· · · · Q.· ·Did Chris Doyle ever ridicule you about
·9· ·through, namely hair, tattoos, clothing, jewelry, ·9· ·your clothing?
10· ·diction, or the way you walked? 10· · · · A.· ·Not that I can recall.
11· · · · A.· ·Outside of the recording when we -- when I 11· · · · Q.· ·Chris Doyle ever say anything to you about
12· ·met with -- Coach Kirk Ferentz did, but no, I did 12· ·your jewelry?
13· ·not.· I can't -- you were not allowed -- I can't go 13· · · · A.· ·Not that I can recall.
14· ·and speak to Kirk Ferentz about his son.· As you can 14· · · · Q.· ·Did Chris Doyle ever mock you about your
15· ·see in that video, he doesn't care what I'm feeling. 15· ·jewelry?
16· ·You know, he's supposed to be someone who's 16· · · · A.· ·Actually, may you go back to the previous
17· ·protecting me.· He doesn't -- he didn't care about 17· ·question?
18· ·what I'm feeling.· So I can't go in and speak with 18· · · · Q.· ·I believe the previous question,
19· ·him about the names that his son's calling me.· He's 19· ·Mr. Parker, was whether Chris Doyle ever said
20· ·not even going to believe me. 20· ·anything to you about your jewelry.
21· · · · Q.· ·Did Coach Chris Doyle ever say anything to 21· · · · A.· ·He spoke to me about my earrings and about
22· ·you about your hair? 22· ·wearing earrings.· He said I should take them out.
23· · · · A.· ·Not that I can recall. 23· ·He said, "That's a girlie thing, to have earrings."
24· · · · Q.· ·Did Chris Doyle ever mock you about your 24· ·He asked, "Why do you wear those?· Why do you guys
25· ·hair? 25· ·wear those?"· And when he said "you guys," he was

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·1· ·talking about black players, because we were the ·1· ·wear those?· Those are a girlie thing to wear."
·2· ·predominant ones wearing earrings. ·2· · · · Q.· ·(By Mr. Stone)· Did Chris Doyle ever say
·3· · · · Q.· ·Do you know when this conversation ·3· ·anything to you about your diction or how you talked
·4· ·occurred? ·4· ·or how you pronounced words?
·5· · · · A.· ·I do not remember the year, nor the date. ·5· · · · A.· ·No.· But I have seen him talk about
·6· · · · Q.· ·Do you know where it occurred? ·6· ·others.
·7· · · · A.· ·Yes.· This was also coming into the ·7· · · · Q.· ·Did Kirk -- did Chris Doyle ever mock you,
·8· ·facility.· And I just so happened -- didn't take my ·8· ·make fun of you, or ridicule you about your diction,
·9· ·earrings out fast enough.· And Doyle was standing ·9· ·your pronunciation, or the way you talked?
10· ·there by the equipment office, talking to the 10· · · · A.· ·No.· But I have seen him do it to others.
11· ·equipment manager at the time.· And as I walked 11· · · · Q.· ·Did Chris Doyle ever say anything to you
12· ·past, he noticed me, and he stopped me, and that's 12· ·about the way that you walked?
13· ·when he made his comment about the earrings. 13· · · · A.· ·No.· But I have seen him do it to others.
14· · · · Q.· ·Did this occur on one occasion or more 14· · · · Q.· ·Did Chris Doyle ever mock you about the
15· ·than one, if you know? 15· ·way that you walked?
16· · · · A.· ·I can just recall that occasion with me 16· · · · A.· ·No.· But I've seen him do it to others.
17· ·personally.· But it happened with others. 17· · · · Q.· ·Did Chris Doyle ever make fun of the way
18· · · · Q.· ·Do you know whether the occasion that you 18· ·you walked?
19· ·recall occurred before your foot injury in July 28, 19· · · · A.· ·No.· But he has done it to others.
20· ·2016? 20· · · · Q.· ·Did Chris Doyle ever ridicule you directly
21· · · · A.· ·Yes.· This was before my foot injury. 21· ·about the way that you walked?
22· · · · Q.· ·Anything else that Chris Doyle said to you 22· · · · A.· ·No.
23· ·about jewelry that you can recall as you sit here 23· · · · Q.· ·Did you complain to Kirk Ferentz with
24· ·today? 24· ·respect to Chris Doyle about any statements or
25· · · · A.· ·Just not to wear it again.· Like, "Don't 25· ·comments he may have made on the subjects of hair,
Page 127 Page 129
·1· ·wear it in the facility.· That's not how we do ·1· ·tattoos, clothing, jewelry, diction, or the way you
·2· ·things around here." ·2· ·walked?
·3· · · · Q.· ·Did Chris Doyle mock you about your ·3· · · · A.· ·I may -- and may have been able to explain
·4· ·jewelry? ·4· ·to Coach Ferentz about any other coaches, but Brian
·5· · · · A.· ·By saying that -- "Why do you guys wear ·5· ·Ferentz and Chris Doyle, you can't tell Kirk Ferentz
·6· ·those?" and "That's a girlie thing to wear." ·6· ·anything about those two.· Brian Ferentz is,
·7· · · · Q.· ·Did he make fun of you about wearing ·7· ·obviously, his son.· It's family before anything.
·8· ·jewelry? ·8· ·And Coach Doyle's, like, his best friend.· They
·9· · · · · · ·MR. DENNIE:· Objection.· Asked and ·9· ·worked out together.· They did everything together.
10· ·answered.· I believe he's already testified about 10· ·So I cannot come and talk to him about any -- any
11· ·that at least three times. 11· ·emotions or feelings I had towards Coach Doyle at
12· · · · Q.· ·(By Mr. Stone)· You can still answer the 12· ·all.
13· ·question, Mr. Parker. 13· · · · Q.· ·I assume -- I didn't mean to interrupt
14· · · · A.· ·May you repeat the question. 14· ·you.· Were you finished, Mr. Parker?
15· · · · Q.· ·Did Chris Doyle make fun of you with 15· · · · A.· ·No.· I'm sure other players felt this way
16· ·respect to jewelry you were wearing? 16· ·as well, because of the level of how black players
17· · · · · · ·MR. DENNIE:· Objection.· Asked and 17· ·were being treated or dealt with when you speak on
18· ·answered. 18· ·something that you're not supposed to normally speak
19· · · · A.· ·Yes, he made fun of the earrings that I 19· ·on.
20· ·was wearing. 20· · · · Q.· ·Is it fair to say, Mr. Parker, that
21· · · · Q.· ·(By Mr. Stone)· What did he say that 21· ·because you felt you couldn't make a complaint about
22· ·caused you to think he was making fun of earrings? 22· ·Brian Ferentz or Chris Doyle, that you did not, in
23· · · · · · ·MR. DENNIE:· Objection.· Asked and 23· ·fact, make any complaint to Kirk Ferentz at any time
24· ·answered. 24· ·you were in the Iowa program about Brian Ferentz or
25· · · · A.· ·"Why do you wear those?· Why do you guys 25· ·Chris Doyle, except for the tape recording that

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·1· ·we've listened to at the start of this proceeding ·1· ·Ferentz about Chris Doyle saying anything about
·2· ·today? ·2· ·another player's clothing?
·3· · · · · · ·MR. DENNIE:· Objection.· Compound. ·3· · · · A.· ·I do not recall.
·4· ·Multifarious.· Mischaracterizes the previous ·4· · · · Q.· ·Did you ever personally complain to Kirk
·5· ·testimony at length. ·5· ·Ferentz about Chris Doyle's making any comments
·6· · · · Q.· ·(By Mr. Stone)· Well, let me break it down ·6· ·about another player's jewelry?
·7· ·for you, Mr. Parker.· Did you ever complain to Kirk ·7· · · · A.· ·I do not recall.
·8· ·Ferentz about Chris Doyle's comments about your ·8· · · · Q.· ·Did you ever personally complain to Kirk
·9· ·hair? ·9· ·Ferentz about Chris Doyle making any comment about
10· · · · A.· ·I do not recall. 10· ·another player's diction or pronunciation of words?
11· · · · Q.· ·Did you ever complain to Kirk Ferentz 11· · · · A.· ·I do not recall.
12· ·about Chris Doyle's comments about your tattoos? 12· · · · Q.· ·Did you ever complain to Kirk Ferentz
13· · · · A.· ·I do not recall. 13· ·about Chris Doyle's comments to any other player
14· · · · Q.· ·Did you ever complain to Kirk Ferentz 14· ·about the way that player walked?
15· ·about Chris Doyle's comments about your clothing? 15· · · · A.· ·I do not recall.
16· · · · A.· ·I do not recall. 16· · · · · · ·MR. DENNIE:· Counsel, we're at a little
17· · · · Q.· ·Did you ever complain to Kirk Ferentz 17· ·past 12:20.· Are you in a position where we can do
18· ·about Chris Doyle's comments about your jewelry? 18· ·lunch?
19· · · · A.· ·I do not recall. 19· · · · · · ·MR. STONE:· Yeah, we can.
20· · · · Q.· ·Did you ever complain to Kirk Ferentz 20· · · · · · ·THE VIDEOGRAPHER:· Off the record at
21· ·about Chris Doyle's comments about your diction? 21· ·12:22 p.m.
22· · · · A.· ·I do not recall.· I didn't explain a lot 22· · · · · · ·(A lunch recess was taken from 12:22 p.m.
23· ·of things to anyone out of fear of retaliation, out 23· ·to 1:17 p.m.)
24· ·of fear of being kicked out of the program.· I mean, 24· · · · · · ·THE VIDEOGRAPHER:· On the record at
25· ·I was a first-generation college student.· So I'm 25· ·1:17 p.m.
Page 131 Page 133
·1· ·looked at by my family as a person who's supposed to ·1· · · · Q.· ·(By Mr. Stone)· Mr. Parker, have you been
·2· ·take care of everything, who's doing the right ·2· ·involved in political activities or demonstrations
·3· ·thing.· So -- and I'm seeing how Kirk Ferentz is ·3· ·either at the time you were at the University of
·4· ·just kicking these black players out of the ·4· ·Iowa or subsequently?
·5· ·University for almost nothing, for nothing.· And for ·5· · · · A.· ·No, I have not.
·6· ·me to be able to go and say something to him or ·6· · · · Q.· ·Do you consider yourself a politically
·7· ·anyone, anyone, because he had that much power, I ·7· ·active or informed or involved individual?
·8· ·couldn't do that, because then I'll be back at home. ·8· · · · · · ·MR. DENNIE:· Objection.· Compound.
·9· ·I'll be back at home, and I'll just be another black ·9· ·Multifarious.
10· ·player that got kicked out off the University.· It's 10· · · · Q.· ·(By Mr. Stone)· Well, let's break it down.
11· ·hard to say anything and -- it's hard.· Can't say 11· ·Do you consider yourself a politically active
12· ·anything out of fear. 12· ·individual?
13· · · · Q.· ·Did you ever complain to Kirk Ferentz 13· · · · A.· ·No, I do not.
14· ·about Chris Doyle's comments about the way you 14· · · · Q.· ·Do you consider yourself a politically
15· ·walked? 15· ·informed individual?
16· · · · A.· ·I do not recall. 16· · · · A.· ·No, I do not.
17· · · · Q.· ·And did you ever complain to Kirk Ferentz 17· · · · Q.· ·Do you consider yourself a politically
18· ·about Chris Doyle's comments to any player, other 18· ·involved individual?
19· ·than yourself, about that player's hair? 19· · · · A.· ·No, I do not.
20· · · · A.· ·I do not recall. 20· · · · Q.· ·Do you have a recollection that involves
21· · · · Q.· ·Did you ever complain to Kirk Ferentz 21· ·the kneeling at the national anthem during the time
22· ·about Chris Doyle saying anything about another 22· ·that you were at Iowa?
23· ·player's tattoos? 23· · · · A.· ·I don't believe that came about while I
24· · · · A.· ·I do not recall. 24· ·was at Iowa, no.
25· · · · Q.· ·Did you ever personally complain to Kirk 25· · · · Q.· ·Do you have any experience or events or

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·1· ·things you can add to that discussion or something I ·1· ·were discouraged to go to political events as a
·2· ·should have done with this deposition and haven't ·2· ·team.· Obviously, individually, but during team
·3· ·asked you about kneeling at the national anthem, ·3· ·meetings and upon your arrival at the University,
·4· ·that you're going to say something about it later? ·4· ·you were discouraged to use Twitter.· You couldn't
·5· ·Do you know what I'm asking you, Mr. Parker? ·5· ·use Twitter.· And then going to political events, it
·6· · · · · · ·MR. DENNIE:· Objection.· Vague and ·6· ·was frowned upon to go to those.· Anyone who goes to
·7· ·ambiguous. ·7· ·those were typically dealt with in such manner.
·8· · · · Q.· ·(By Mr. Stone)· Let me see if I can ·8· · · · Q.· ·As you sit here today, can you recall
·9· ·rephrase the question.· Do you have any opinions ·9· ·anything that Brian Ferentz said or did with respect
10· ·about the issues related to kneeling at the national 10· ·to any political demonstrations?
11· ·anthem, Mr. Parker? 11· · · · A.· ·To me personally, I cannot recall at this
12· · · · A.· ·Yeah.· I have -- may you repeat the 12· ·time.· However, I do know that when President Trump
13· ·question again, please. 13· ·came into town some of our white teammates were
14· · · · Q.· ·Yeah.· I'll try to rephrase it.· It seems, 14· ·allowed, and even allowed to attend his political
15· ·from your previous answers, Mr. Parker, that it 15· ·event and even make him a jersey.· And I do remember
16· ·would be fair to say that kneeling at the -- during 16· ·that the black players voiced how that was alarming
17· ·the national anthem was not something that was much 17· ·to them.· They didn't feel comfortable with that.
18· ·involved in your particular participation in the 18· ·And they voiced this to Kirk Ferentz, and I'm sure
19· ·Iowa football program; is that fair to say? 19· ·Brian Ferentz also heard this, because this was a
20· · · · A.· ·Yes. 20· ·big ordeal at the time, that black players weren't
21· · · · Q.· ·And do you recall voicing any opinions to 21· ·happy.· But instead the white players were still
22· ·any coaches or to anyone about kneeling during the 22· ·allowed to go.· And it became -- it became a big
23· ·national anthem while you were at the Iowa football 23· ·thing within the team.· And you were able to see
24· ·program? 24· ·that segregation and how the whites were treated
25· · · · A.· ·I don't believe that kneeling at the time 25· ·differently from the blacks and their feelings.
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·1· ·came about during my time at the University of Iowa. ·1· · · · Q.· ·As you sit here, can you recall anything
·2· ·So I don't think I can really speak on that aspect. ·2· ·that Brian Ferentz said about political activities
·3· · · · Q.· ·Do you know anyone who was prohibited from ·3· ·or political demonstrations, that you recall him
·4· ·going to any political rally or event outside of ·4· ·saying personally?
·5· ·Kinnick Stadium or the football building at any ·5· · · · A.· ·I do not recall at this time.
·6· ·time? ·6· · · · Q.· ·How about Coach Chris Doyle?· Do you
·7· · · · A.· ·Well, there was a team policy for us to ·7· ·recall him saying anything about political
·8· ·not attend political events and not -- you know, to ·8· ·demonstrations or political events, specifically
·9· ·not get mixed up in political events for whatever ·9· ·from Coach Chris Doyle?
10· ·matter that may have been, but we were not allowed 10· · · · A.· ·I do not recall at this time.
11· ·to typically attend political events, as well as, 11· · · · Q.· ·Do you know if any player or former player
12· ·like, be on social media, such as Twitter.· We were 12· ·ever received punishment or discipline for being
13· ·not allowed those things, to have, like, I guess, a 13· ·involved in a political activity?
14· ·right of freedom of speech and freedom to do as we 14· · · · A.· ·Not that I can recall.
15· ·like, no. 15· · · · Q.· ·On the topic of social media,
16· · · · Q.· ·Who communicated that to you, that policy 16· ·Mr. Parker -- I'm changing directions slightly --
17· ·that you may not -- 17· ·what social media do you use or did you use at the
18· · · · A.· ·Kirk Ferentz and also his assistant that I 18· ·time you were at the University of Iowa?
19· ·spoke about earlier, Chic, and then -- Chic, and 19· · · · · · ·MR. DENNIE:· Objection.· Compound.
20· ·then a person who came after Chic. 20· ·Multifarious.
21· · · · Q.· ·Do you know specifically what was said 21· · · · Q.· ·(By Mr. Stone)· Well, let me break it down
22· ·about involvement in any political activities?· Can 22· ·for you.· During the year 2013, what social media
23· ·you repeat for me the words they used? 23· ·did you use, if any?
24· · · · A.· ·It was so long ago, I can't recall the 24· · · · A.· ·Instagram and Snapchat.
25· ·exact words that were used.· I just know that we 25· · · · Q.· ·How about the year 2014?· What social

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·1· ·media did you use? ·1· ·Multifarious.
·2· · · · A.· ·The same two, Instagram and Snapchat. ·2· · · · Q.· ·(By Mr. Stone)· Well, let's break it down,
·3· · · · Q.· ·How about the year 2015? ·3· ·then.· Starting when you were a redshirt freshman,
·4· · · · A.· ·More so Instagram, but Instagram and ·4· ·did Kirk Ferentz talk with you about your hair?
·5· ·Snapchat. ·5· · · · A.· ·I don't recall.
·6· · · · Q.· ·How about the year 2016? ·6· · · · Q.· ·Did you recall Kirk Ferentz talking with
·7· · · · A.· ·Instagram and Snapchat. ·7· ·you about your hair at any time?
·8· · · · Q.· ·After you left for Northern Illinois, what ·8· · · · A.· ·I recall Kirk Ferentz asking, "Oh, you're
·9· ·social media did you use, Mr. Parker? ·9· ·growing out your hair.· You're letting your hair get
10· · · · A.· ·I'm sorry.· Can you ask that again. 10· ·a little longer."· When my hair was above the length
11· · · · Q.· ·Yes.· After the time that you transferred 11· ·that you showed in the picture earlier, Kirk Ferentz
12· ·to Northern Illinois, what social media did you use? 12· ·talked about the length of my hair and growing it
13· · · · A.· ·Instagram and Snapchat. 13· ·out.
14· · · · Q.· ·Do you have an Instagram account that has 14· · · · Q.· ·Go ahead, Mr. Parker.
15· ·a name associated with it? 15· · · · A.· ·Yeah, he talked about the length of my
16· · · · A.· ·I do. 16· ·hair.· But I don't recall any further -- anything
17· · · · Q.· ·What is your name on Instagram? 17· ·further.
18· · · · A.· ·It is Speedy Parker. 18· · · · Q.· ·How about your clothing?· Did Kirk Ferentz
19· · · · Q.· ·How about on Snapchat?· What's the name 19· ·say anything about your clothing that you can
20· ·you use or address you use on Snapchat? 20· ·recall?
21· · · · A.· ·Speedy Parker as well. 21· · · · A.· ·I cannot recall.
22· · · · Q.· ·Do you have a Facebook account? 22· · · · Q.· ·How about tattoos?· Did Mr. Kirk Ferentz
23· · · · A.· ·I do. 23· ·say anything to you about tattoos?
24· · · · Q.· ·Do you know when that started, Mr. Parker? 24· · · · A.· ·I don't recall.
25· · · · A.· ·It started in high school.· So maybe 25· · · · Q.· ·Do you recall Kirk Ferentz saying anything
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·1· ·around 2010, 2011. ·1· ·to you about jewelry?
·2· · · · Q.· ·What's the address or name on that ·2· · · · A.· ·He addressed the team about wearing
·3· ·account? ·3· ·jewelry, but it was directed towards the black
·4· · · · A.· ·Maybe my first and last name.· I -- I'm ·4· ·players, because we were the only ones wearing
·5· ·not active on Facebook since high school. ·5· ·jewelry and having, I guess, certain jewelry on.· So
·6· · · · Q.· ·Do you use Twitter now? ·6· ·it was directed towards black players, but he
·7· · · · A.· ·I do not. ·7· ·obviously brought it in a group setting to say it,
·8· · · · Q.· ·Do you use any other social media that ·8· ·and he didn't want us wearing jewelry at all.· And
·9· ·we've not discussed? ·9· ·that's part of the reason why I feel that Coach
10· · · · A.· ·I do not. 10· ·Doyle and every other coach may have been
11· · · · Q.· ·Do you have any other names or addresses 11· ·overemphasizing wearing jewelry and just making it
12· ·that you use to communicate through any media with 12· ·more of a race thing, because they compared how the
13· ·former players or players that you and I have not 13· ·white players don't wear jewelry and how that's not
14· ·discussed? 14· ·the "Iowa way."
15· · · · A.· ·Not that I can recall at this time. 15· · · · Q.· ·Did Kirk Ferentz say anything to you about
16· · · · Q.· ·I know I asked you about whether Chris 16· ·your -- or about your diction or your pronunciation
17· ·Doyle and Brian Ferentz had talked with you about 17· ·of words?· Do you recall anything about that?
18· ·hair, clothing, tattoos, jewelry, diction, and the 18· · · · A.· ·I don't recall.
19· ·way you walked.· I don't recall that I asked you 19· · · · Q.· ·Did Kirk Ferentz ever say anything about
20· ·whether Kirk Ferentz had talked to you about any of 20· ·the way that you walk?
21· ·those subjects.· Can you think back and tell me if 21· · · · A.· ·I don't recall.
22· ·Kirk Ferentz talked with you about any of those 22· · · · Q.· ·Did you ever hear Kirk Ferentz use the
23· ·subjects that you can recall, your hair, clothing, 23· ·N-word towards anyone?
24· ·tattoos, jewelry, diction, or the way you walked? 24· · · · A.· ·I don't recall.
25· · · · · · ·MR. DENNIE:· Objection.· Compound. 25· · · · Q.· ·Do you recall Kirk Ferentz ever discussing

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·1· ·whether somebody was a gang member or had any gang ·1· · · · Q.· ·Do you recall speaking at those meetings
·2· ·affiliation? ·2· ·or things that you said at the meeting?
·3· · · · A.· ·I don't recall. ·3· · · · A.· ·I do recall speaking -- adding a little
·4· · · · Q.· ·Do you ever recall Kirk Ferentz calling ·4· ·input into the meetings.· I do recall, yes.
·5· ·someone a stupid MF? ·5· · · · Q.· ·What did you speak about, Mr. Parker?
·6· · · · A.· ·I don't recall. ·6· · · · A.· ·I spoke about how black players, in
·7· · · · Q.· ·I believe we talked about leadership ·7· ·particular, get treated differently from the white
·8· ·council meetings earlier, Mr. Parker.· Were there ·8· ·players on the football team and how we're not
·9· ·other meetings, other than leadership council ·9· ·comfortable to go and speak to our coaches or others
10· ·meetings, that were meetings for just African 10· ·in athletic -- or the University about our feelings,
11· ·American or black football players, if you can 11· ·because it's going to get turned over to Kirk
12· ·recall? 12· ·Ferentz, and then we're going to be punished and
13· · · · A.· ·Yes.· They had a meeting with -- I forget 13· ·most of the times kicked out of the University or
14· ·the title, but it was through the learning center, 14· ·asked to transfer and no longer receive -- you know,
15· ·which would be, like, Liz Tovar, Mel Sanders.· They 15· ·be on scholarship.· So we talked about that and
16· ·had a black association over there.· I want to say 16· ·tried to find a solution, but nothing -- nothing was
17· ·it was called Black Student Association.· However, 17· ·done.
18· ·it was about student athletes, particularly African 18· · · · · · ·REPORTER:· I'm sorry, sir.· "Nothing"
19· ·American student athletes, and they would meet on 19· ·what?
20· ·different topics dealing with race and African 20· · · · A.· ·"Was done."· Yeah.
21· ·Americans feeling comfortable within the University. 21· · · · · · ·REPORTER:· Thank you.
22· ·They also allowed our white teammates to be a part 22· · · · Q.· ·(By Mr. Stone)· Generally, how many
23· ·of that so they could give feedback and see how they 23· ·players attended those meetings, if you can recall?
24· ·felt as well.· And one thing that we noticed as 24· · · · A.· ·Anywhere between 15 to 20 or more at
25· ·black players is that the white players voiced to us 25· ·times.· It would just fluctuate depending on the
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·1· ·how they noticed a difference between how they get ·1· ·day.
·2· ·treated and how we get treated within the program. ·2· · · · Q.· ·Other than these meetings at the learning
·3· · · · Q.· ·How many such meetings did you attend, ·3· ·center, can you recall any other meetings that were
·4· ·Mr. Parker? ·4· ·held for purposes of discussing complaints or
·5· · · · A.· ·I attended -- it's hard to say exact ·5· ·charges of discrimination, if you know?
·6· ·number, it was so long ago, but I attended a good ·6· · · · A.· ·I do not recall.
·7· ·number of those events. ·7· · · · Q.· ·We talked about Coach Doyle and things he
·8· · · · Q.· ·Where -- what building were the meetings ·8· ·said to you, and we talked about whether you had
·9· ·in?· Do you know? ·9· ·talked to Kirk Ferentz about Coach Doyle.· I don't
10· · · · A.· ·The learning center. 10· ·believe we talked about the subject of what you
11· · · · Q.· ·Do you know what year those meetings were? 11· ·heard about Coach Doyle's treatment of other
12· · · · A.· ·I don't recall the exact years, no. 12· ·players.· Can you tell me what events or
13· · · · Q.· ·Who conducted the meetings, if you can 13· ·circumstances where Coach Doyle treated players,
14· ·recall? 14· ·other than you, that you believe were racially
15· · · · A.· ·It was usually typically conducted by a 15· ·discriminatory?
16· ·player, but, like, Liz Tovar or Mel Sanders, someone 16· · · · A.· ·Yes.· Derrick Mitchell had his hair in a
17· ·in the -- the learning community over there hosted 17· ·different style, and Coach Doyle ridiculed him for
18· ·the event, and they were over the event, but it was 18· ·his hairstyle, saying, "Why do you wear your hair
19· ·typically led by the players.· And we had outside -- 19· ·like that?· You look like a thug.· You shouldn't
20· ·people within the University that's not in the 20· ·wear your hair like that."
21· ·athletic staff also attend those meetings to give 21· · · · · · ·He also talked about the way that Derrick
22· ·guidance and any input or advice they could give. 22· ·Mitchell -- oh, and Akrum Wadley -- the way that
23· · · · Q.· ·Did coaches from the football staff or 23· ·they speak.· There was one instance where me and
24· ·team attend those meetings? 24· ·Wadley had got in trouble for a disorderly house.
25· · · · A.· ·They did not. 25· ·And upon going to the facility to work out the next

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·1· ·day, Coach Doyle was making fun of Akrum Wadley and ·1· · · · A.· ·That's correct.
·2· ·the way he speaks and the way that he worded his ·2· · · · Q.· ·Was that in that house that resulted in
·3· ·message on -- I believe it was Facebook at the ·3· ·the disorderly house charge?
·4· ·time -- about the party, such as saying, like, ·4· · · · A.· ·That's correct.
·5· ·"Word" -- "word to your mother, where does that come ·5· · · · Q.· ·As we talk about this, can you help me
·6· ·from?· Is that what they say in Jersey?· Like, is ·6· ·learn the time frame any better than we have it?
·7· ·that proper English?"· That was one instance. ·7· · · · A.· ·Unfortunately, I cannot.· I do not
·8· · · · · · ·Another instance, we were in a facility. ·8· ·remember the exact dates or year or if I was
·9· ·He talked about a player getting shot and relating ·9· ·redshirt or not during that time.
10· ·his injury to being affiliated with a gang and 10· · · · Q.· ·Okay.· And what were the circumstances?
11· ·saying, "That's what happens when you leave Iowa to 11· ·As I understand it, there was sort of a public or
12· ·go back to join a gang."· And this instance was in 12· ·social media broadcast that there was going to be a
13· ·reference to Damond Powell, who had gotten shot in 13· ·party at this residence, and a lot more people
14· ·his face. 14· ·showed up than were anticipated, and ultimately the
15· · · · · · ·You know, there was multiple instances, 15· ·police came and charged some people with having a
16· ·but those two really stood out to me -- or three, 16· ·disorderly house, because there was a party at the
17· ·really, because it happened with Derrick Mitchell as 17· ·house; is that fair to say?
18· ·well.· They also ridiculed Derrick Mitchell for the 18· · · · A.· ·Yes.
19· ·way that he used to wear his hats, when he used to 19· · · · Q.· ·And then following that incident, when you
20· ·wear his hats in the complex, and say, "That's not 20· ·went to the football building the next day after
21· ·the 'Iowa way.'· So take that off.· Why do you 21· ·this disorderly house charge, Mr. -- Coach Chris
22· ·wear" -- it was always, "Why do you guys or why do 22· ·Doyle said some things to both you and Akrum, or was
23· ·you, in particular, wear your items like that?" 23· ·it mainly to Akrum about the disorderly house?
24· ·Well, what is that?· Yeah. 24· · · · A.· ·It was in front of the whole workout
25· · · · Q.· ·Was Derrick Mitchell a friend of yours, 25· ·group.· It was in front of the whole workout group
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·1· ·Mr. Parker? ·1· ·at that time.· But it was directed at -- it was
·2· · · · A.· ·Derrick Mitchell?· Yes. ·2· ·directed towards me and Akrum Wadley.· Specifically
·3· · · · Q.· ·Okay.· I understand -- and if it's ·3· ·that incident, he was talking about Akrum Wadley and
·4· ·difficult for you, you can take a break, of course, ·4· ·the way that he worded his message and how he talks
·5· ·but Mr. Mitchell passed away; correct? ·5· ·and where he comes from.
·6· · · · A.· ·That's correct. ·6· · · · · · ·Also, following that, Kirk Ferentz called
·7· · · · Q.· ·Do you know when he passed away, ·7· ·each one of us for a personal meeting with him,
·8· ·approximately? ·8· ·where he made us get drug tested, because we had a
·9· · · · A.· ·I do not remember the exact year but -- ·9· ·party, and he also assigned us community service,
10· ·yeah, I don't remember the exact year. 10· ·because we had a party and got charged with the
11· · · · Q.· ·Was it after he left the Iowa football 11· ·disorderly house.
12· ·program? 12· · · · · · ·That was not the case when it came to our
13· · · · A.· ·Yes. 13· ·white teammates.· There was white teammates getting
14· · · · Q.· ·All right.· You mentioned Mr. Akrum Wadley 14· ·DUIs that was not getting disciplined or punished
15· ·and the disorderly house charge; is that correct? 15· ·for that matter.· But just because we had a party,
16· · · · A.· ·That's correct. 16· ·we got to be doing drugs?· We had to have been doing
17· · · · Q.· ·Did that happen when you and Mr. Wadley 17· ·drugs to have a party?· And he got -- we got drug
18· ·were freshman? 18· ·tested because of that, and which we both passed.
19· · · · A.· ·I don't remember at what point in my 19· ·No one was doing drugs, no.
20· ·career that that happened. 20· · · · Q.· ·Does that help you recall the year that it
21· · · · Q.· ·Were you -- do you recall whether you were 21· ·occurred?
22· ·a redshirt at the time? 22· · · · A.· ·It does not help me recall the year.· It
23· · · · A.· ·I do not recall. 23· ·just only helps me recall the discrimination within
24· · · · Q.· ·You were roommates with Akrum Wadley for a 24· ·the program.
25· ·period of time? 25· · · · Q.· ·What years, if you can recall, were you

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·1· ·roommates with Akrum Wadley? ·1· · · · A.· ·Yes, he is.
·2· · · · A.· ·I cannot recall.· Cannot recall. ·2· · · · Q.· ·All right.· Have you told me now of the
·3· · · · Q.· ·Was it more than one year? ·3· ·incidents that you believe constitute your knowledge
·4· · · · A.· ·Yes. ·4· ·of racial discrimination by Coach Doyle against
·5· · · · Q.· ·Who else did you room with at Iowa? ·5· ·players other than yourself?
·6· · · · A.· ·Football players were Reggie Spearman -- ·6· · · · A.· ·On the aspect of what I just mentioned
·7· ·yeah, Reggie Spearman. ·7· ·about the way that the athletes spoke -- by the way
·8· · · · Q.· ·When did Reggie Spearman transfer from ·8· ·the athletes spoke, how they were treated
·9· ·Iowa, if you know? ·9· ·differently from the white players about how they
10· · · · A.· ·I'm not sure.· I believe he was gone 10· ·spoke, about the things that they wore, about how
11· ·fairly early. 11· ·they had to gain weight and how difficult that goal
12· · · · Q.· ·And you -- you roomed with Reggie Spearman 12· ·was, about the food that they made us eat in front
13· ·after you roomed with Akrum Wadley; correct? 13· ·of them and the shakes that we had to take and all
14· · · · A.· ·It was -- it was around the same time, 14· ·the waters and Powerades we had to drink just to
15· ·right. 15· ·make weight in front of them, and the white players
16· · · · Q.· ·But at least if we can identify the year 16· ·didn't have to do, I believe I have, and it does.
17· ·in which you got the disorderly house charge or 17· · · · Q.· ·Are you aware that George Floyd was
18· ·whatever the actual charge was, then this incident 18· ·murdered in Minneapolis about May 26th of 2020 by
19· ·that you related about Coach Doyle speaking in the 19· ·police officers -- or by a police officer?· I'm not
20· ·weight room about you and Akrum Wadley occurred 20· ·sure the others have been found guilty at this
21· ·within a few days or a day after that charge became 21· ·point.
22· ·public; correct? 22· · · · A.· ·Yes, I'm aware.
23· · · · · · ·MR. DENNIE:· Objection.· Mischaracterizes 23· · · · Q.· ·I'm sorry.· Were you --
24· ·his testimony. 24· · · · A.· ·I said, "Yes, I'm aware."
25· · · · Q.· ·(By Mr. Stone)· Well, Mr. Parker, why 25· · · · Q.· ·Okay.· How did you feel about that
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·1· ·don't you, to the best of your ability, tell me when ·1· ·situation, Mr. Parker?· What was your reaction?
·2· ·Mr. Doyle addressed you about the house incident ·2· · · · A.· ·It was very upsetting, but it was --
·3· ·where you were roommates with Mr. Wadley in ·3· ·unfortunately, it's become a norm.· It's become a
·4· ·connection to when the charge was filed, if you can. ·4· ·norm.· But it's very upsetting, but it just put
·5· · · · · · ·MR. DENNIE:· Objection.· Asked and ·5· ·things into reality more.· It put things into
·6· ·answered. ·6· ·perspective on how black people are perceived and
·7· · · · Q.· ·(By Mr. Stone)· You may still answer the ·7· ·treated compared to their counterparts, white --
·8· ·question, Mr. Parker. ·8· ·white players or people in general.
·9· · · · A.· ·Yes.· After -- after we received the ·9· · · · Q.· ·Did you -- I'm sorry.· Were you finished,
10· ·charge, it was sometime after that, no more than two 10· ·Mr. Parker?
11· ·weeks, when Coach Doyle made that reference. 11· · · · A.· ·I said it was very hurtful to see and
12· · · · Q.· ·Okay.· And then you spoke about a 12· ·learn about.
13· ·reference of Mr. Doyle with regard to Mr. Damond 13· · · · Q.· ·Did you participate yourself in any
14· ·Powell; is that correct? 14· ·protests of any kind following the death of George
15· · · · A.· ·Yes, I did. 15· ·Floyd?
16· · · · Q.· ·Mr. Powell was shot and killed in Toledo, 16· · · · A.· ·I actually did participate in a protest.
17· ·Ohio.· Is that your understanding? 17· ·I participated in a protest located down in Houston,
18· · · · A.· ·No, no, no. 18· ·Texas.· Within that protest, what I was doing was,
19· · · · Q.· ·Okay.· Go ahead. 19· ·since -- I don't know if you've ever been to Houston
20· · · · A.· ·He was not killed. 20· ·but -- and during that time, but it's super hot
21· · · · Q.· ·Okay. 21· ·outside.· So what I elected to do was set up on the
22· · · · A.· ·But he was shot. 22· ·corner where the protest was going on and hand out
23· · · · Q.· ·I did not understand that, Mr. Parker.· He 23· ·water and, like, little granola bars and chips for
24· ·was shot in Toledo.· Okay.· Is he still living 24· ·people who were actually walking, doing the protest,
25· ·today?· Do you know? 25· ·just so they could stay hydrated and, you know, be

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·1· ·refueled. ·1· ·individuals who recruited either Mr. Wadley,
·2· · · · Q.· ·Anything else that you did or any other ·2· ·Mr. Joly, Mr. Mends, Mr. Cooper, Mr. Simon, or
·3· ·protest or demonstrations that you participated in ·3· ·Mr. Foy to join as plaintiffs in this lawsuit?
·4· ·other than the one that you've told us about? ·4· · · · · · ·MR. DENNIE:· Objection.· Compound.
·5· · · · A.· ·I did not.· But however -- I'm not sure ·5· ·Multifarious.
·6· ·you're aware of a guy named Michael Brown.· He's the ·6· · · · A.· ·I did not recruit any of those players, to
·7· ·black guy from Ferguson, Missouri.· I'm also not ·7· ·the best of my knowledge.· Me and Akrum Wadley were
·8· ·sure if you're aware that me and Derrick Mitchell ·8· ·in the same class.· So we were recruited at the same
·9· ·are from St. Louis, Missouri, which is pretty much ·9· ·time.· And I don't remember having recruited any of
10· ·the same as Ferguson.· And also when that Michael 10· ·those players that you just named.
11· ·Brown incident occurred, me and Derrick Mitchell was 11· · · · Q.· ·(By Mr. Stone)· Did you ever hear Coach
12· ·on the team at University of Iowa at that time.· And 12· ·Doyle call a former black player or a black player
13· ·I do remember Kirk Ferentz mentioning the incident 13· ·the N-word?
14· ·after practice one time that he made extremely, 14· · · · A.· ·No.· But I did remember Coach Doyle
15· ·like -- that he did not care to ask how me and 15· ·referring to a player as a monkey and that we need
16· ·Derrick Mitchell's parents or family was doing back 16· ·to get this player out of there.· So then he
17· ·home in St. Louis.· He didn't care to ask if we 17· ·proceeded to target that player.· This was during
18· ·needed time to go back home to check on our team -- 18· ·practice.· And that player was Ojemudia.· He was a
19· ·our family back at home.· And instead he mentioned, 19· ·corner for the University of Iowa.
20· ·"Hey, there's a Michael Brown situation going on 20· · · · · · ·And Coach Doyle was on the sideline, and
21· ·with racism.· I know that, but hey, what can we do?" 21· ·he made that statement about Ojemudia looking like a
22· ·and continued to talk about the next steps of 22· ·monkey and that we need to get him out of there.· So
23· ·practice.· Made very light of the situation without 23· ·he proceeded to tell -- I believe it was Brian
24· ·any type of care at all. 24· ·Ferentz or just the offensive coach at the time --
25· · · · Q.· ·Did you make any request of Kirk Ferentz 25· ·to run that play again the same exact way, which
Page 155 Page 157
·1· ·for time to participate in any activities or to go ·1· ·they target Ojemudia until he got tired.· And then
·2· ·home for any reason or to be with your family in ·2· ·they started to yell at him and to, you know, make
·3· ·relationship to that? ·3· ·him get off of the field.
·4· · · · A.· ·As previously stated, there is very ·4· · · · · · ·But this was an everyday thing where they
·5· ·minimum that you can say or ask for within that ·5· ·targeted a certain black player.· It became so
·6· ·program without being -- having some type of ·6· ·common that us black players talked among ourselves
·7· ·flashback or discipline that come with that.· So no, ·7· ·that we felt that they were really having meetings,
·8· ·I did not ask Kirk Ferentz to go home and be with my ·8· ·and they'd be like, "Okay, we're going to target
·9· ·family. ·9· ·this player on this day.· We're going to target that
10· · · · Q.· ·Have you talked to other former black 10· ·player on this day."
11· ·football players to try to get them to join this 11· · · · Q.· ·Do you know when that alleged targeting of
12· ·lawsuit? 12· ·Mr. Ojemudia occurred?
13· · · · A.· ·To try to get them to join?· I didn't try 13· · · · A.· ·This had to have been around the time that
14· ·to pressure anyone to join.· I just asked players 14· ·I was injured, because I was on the sideline when I
15· ·would they like to voice what they've been through. 15· ·heard this occurrence.· Exact date and time I do not
16· ·And there's a lot of players that would love to get 16· ·remember, but this was around the time I was injured
17· ·on this case, but out of fear of their careers, 17· ·and on the sideline.
18· ·their own -- their life, they did not want to get on 18· · · · · · ·And Raimond Braithwaite, who was just on
19· ·the case. 19· ·the Zoom call, he actually heard it as well.
20· · · · · · ·And I actually was in fear as well of 20· ·Because he was standing next to me while I was on
21· ·getting on this case.· However, what I went through 21· ·the bike working out, and as Coach Doyle said that
22· ·and what others went through was just extremely 22· ·and proceeded to walk towards the offensive coaches
23· ·wrong, extremely wrong, and I feel that it's the 23· ·at the time to instruct him to run the play again,
24· ·right thing to do to come out and say something. 24· ·Coach Rai looked at me, as he always did, and said
25· · · · Q.· ·Were you the individual or one of the 25· ·nothing.

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·1· · · · Q.· ·The time frame was while you were injured. ·1· · · · Q.· ·Can you tell me one former player that you
·2· ·So that would be before the Purdue game of ·2· ·believe Chris Doyle said to about the subject of how
·3· ·October 2016; is that a fair statement? ·3· ·they spoke or how they pronounced words or what they
·4· · · · · · ·MR. DENNIE:· Objection.· Counsel, you're ·4· ·were saying?
·5· ·continuing to testify.· Just ask the questions. ·5· · · · · · ·MR. DENNIE:· Objection.· Asked and
·6· · · · A.· ·May you repeat the question. ·6· ·answered.· We've already been through this.
·7· · · · Q.· ·(By Mr. Stone)· Sure, Mr. Parker.· I'll ·7· · · · A.· ·Akrum Wadley.
·8· ·rephrase it.· If the records show that you were ·8· · · · Q.· ·(By Mr. Stone)· Can you name anyone other
·9· ·cleared to play in the Purdue game about ·9· ·than Akrum Wadley?
10· ·October 15th of 2016 or thereabouts, do you believe 10· · · · A.· ·Derrick Mitchell, Damond Powell, Bullock.
11· ·this incident that you have relayed to us about 11· ·That was a running back that passed away,
12· ·Mr. Doyle targeting Mr. Ojemudia was before that 12· ·unfortunately.· Malik Rucker, Andre -- AJ Jones.· It
13· ·date, because you were injured and on the sidelines? 13· ·was so many, so many.
14· · · · A.· ·Yes.· Correct. 14· · · · Q.· ·Have you told me now all that you can
15· · · · Q.· ·Did you hear Mr. Coach Doyle call anyone, 15· ·recall that Chris Doyle spoke to about their diction
16· ·other than Mr. Ojemudia, a monkey? 16· ·or their pronunciation or the words they were using,
17· · · · A.· ·A monkey, no.· But he has made other 17· ·as best you can recall?
18· ·occurrences related to race where he talks about the 18· · · · A.· ·The best I can recall, yes.
19· ·way -- as I've mentioned earlier, the way players 19· · · · Q.· ·How about with respect to the subject of
20· ·were speaking and the way that they would carry 20· ·how they walked or carried themselves?· Did you hear
21· ·themselves and the way that they would dress, things 21· ·Chris Doyle make comments about that to former
22· ·that they would wear.· You know, it was so frequent. 22· ·players other than yourself?
23· ·It's hard to keep up with one incident. 23· · · · · · ·MR. DENNIE:· Objection.· Asked and
24· · · · Q.· ·Well, tell us what you can about Coach 24· ·answered.· Been through this already.
25· ·Doyle talking to other players, other than yourself, 25· · · · Q.· ·(By Mr. Stone)· Well, okay, Mr. Parker.
Page 159 Page 161
·1· ·about the way they were speaking. ·1· ·Tell me what you told me before, if you think we've
·2· · · · A.· ·He said, "That's a slang term.· That's not ·2· ·covered this subject before, because I don't think
·3· ·proper English.· Where do you come from?· Do they ·3· ·we have.
·4· ·really speak like that out in Jersey or St. Louis or ·4· · · · · · ·MR. DENNIE:· Object as asked and answered.
·5· ·Florida?" for that matter.· "Is that how they ·5· ·And do not respond to what you've already said.
·6· ·conduct themselves there?· We don't do things like ·6· ·It's already in the record.· Ask a new question.
·7· ·that here.· It's not the 'Iowa way.'" ·7· · · · Q.· ·(By Mr. Stone)· Okay.· Mr. Parker, have
·8· · · · · · ·I'm telling you, there was multiple ·8· ·you told me previously to my question right now
·9· ·occasions, multiple occasions.· It's hard to make ·9· ·everything you know about what Chris Doyle had said
10· ·out.· It became almost a normal thing.· It's hard to 10· ·to former players about how they carried themselves
11· ·make out exactly one thing, it became so normal. 11· ·or how they walked?· Have you covered that subject
12· ·And us black players just had to sit there and take 12· ·completely in this deposition and given me all the
13· ·it.· We couldn't say anything.· So we're sitting 13· ·information you have?
14· ·there trying to let it go in one ear out the other. 14· · · · · · ·MR. DENNIE:· Objection.· Asked and
15· ·The whole time it's affecting us.· It's difficult. 15· ·answered.· Compound.· Multifarious.
16· ·You can't -- you can't sit there and make out one 16· · · · Q.· ·(By Mr. Stone)· You may still answer the
17· ·instance when how frequent things were said.· And 17· ·question, Mr. Parker.
18· ·not just by Chris Doyle.· You know, by Brian 18· · · · A.· ·To the best of my knowledge, yes, I have.
19· ·Ferentz, you know. 19· · · · Q.· ·And if we went through the other subjects,
20· · · · Q.· ·I'm going to ask you -- were you finished, 20· ·you have already told me today everything that you
21· ·Mr. Parker? 21· ·can about what Chris Doyle may have said to players,
22· · · · A.· ·Yeah. 22· ·other than yourself, about their hair?· You have
23· · · · Q.· ·I don't mean to interrupt you, but were 23· ·covered that subject completely, everything you
24· ·you finished with your answer? 24· ·know; is that true?
25· · · · A.· ·Yes, I'm finished.· You can go ahead. 25· · · · · · ·MR. DENNIE:· Objection.· Asked and

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·1· ·answered. ·1· · · · A.· ·-- at this point in time.
·2· · · · A.· ·That is correct.· Black players were not ·2· · · · Q.· ·Were you present at any meetings when you
·3· ·allowed to wear their hair in a certain -- in a ·3· ·believe that Kirk Ferentz acknowledged that there
·4· ·certain hairstyle, as opposed to how white players ·4· ·were disparate treatment of players based on race in
·5· ·were allowed to wear their hairstyle any kind of way ·5· ·the Iowa football program?
·6· ·that they wanted. ·6· · · · · · ·MR. DENNIE:· Object.· It calls for a legal
·7· · · · Q.· ·(By Mr. Stone)· Have you told me already ·7· ·conclusion.
·8· ·everything that you know about what Chris Doyle may ·8· · · · · · ·MR. STONE:· No.· It's just -- I'm just
·9· ·have said to players, other than yourself, about the ·9· ·asking him if he was at a meeting where he believes
10· ·clothing they wore?· Have you already told me that 10· ·that Kirk Ferentz made such a statement.
11· ·completely? 11· · · · Q.· ·(By Mr. Stone)· Do you understand the
12· · · · A.· ·To the best of my knowledge, yes, I have. 12· ·question, Mr. Parker?
13· · · · Q.· ·Have you also told me everything that you 13· · · · A.· ·No.· May you repeat it or rephrase it,
14· ·can recall about what Chris Doyle may have said 14· ·please.
15· ·about the jewelry that other players, other than 15· · · · Q.· ·I'll rephrase it.· I'm trying to find out
16· ·yourself, wore in the Iowa football program? 16· ·if you were at a meeting where Kirk Ferentz was
17· · · · A.· ·To the best of my knowledge, yes, I have. 17· ·present and speaking, and he somehow acknowledged
18· · · · Q.· ·And other than to yourself -- again, I'm 18· ·that he believed there were racial disparities in
19· ·asking you about actions directed at former players 19· ·the program or treatment in the program based on
20· ·other than yourself -- do you have any circumstances 20· ·race or that any coaches were acting in an unfair or
21· ·or events where you believe Brian Ferentz committed 21· ·improper manner to athletes based on their race.
22· ·acts of discrimination? 22· ·Does that ring any bells with you?· Did you attend
23· · · · · · ·MR. DENNIE:· Objection.· Calls for a legal 23· ·any such meetings?
24· ·conclusion.· Objection.· Asked and answered.· You're 24· · · · A.· ·Well, me and Kirk Ferentz spoke personally
25· ·talking about in addition to what he's been 25· ·about the matter, you know, considering Brian
Page 163 Page 165
·1· ·testifying about for the last five hours? ·1· ·Ferentz.· He stated that he does know about the
·2· · · · · · ·MR. STONE:· Well, I don't know that we've ·2· ·language and the slurs that his son makes.· So he --
·3· ·been at it five hours, Mr. Dennie, but -- ·3· ·I would consider that being a meeting that I
·4· · · · · · ·MR. DENNIE:· Two o'clock.· We started at ·4· ·attended that Kirk Ferentz understood that his
·5· ·9:00.· So that's five hours by my count. ·5· ·coaches make discrimination comments and use
·6· · · · · · ·MR. STONE:· Okay.· I assume you're ·6· ·inappropriate language towards black student
·7· ·counting the breaks and lunch in there too, ·7· ·athletes, yes.
·8· ·Mr. Dennie? ·8· · · · Q.· ·Have you now told me about all the
·9· · · · · · ·MR. DENNIE:· I'm just saying generally. I ·9· ·meetings of which you're aware at which Kirk Ferentz
10· ·mean, it's not necessary -- I'm just trying to get 10· ·acknowledged any alleged racial discrimination or
11· ·an understanding.· We -- he's been testifying for a 11· ·different treatment of people on the football team
12· ·long time and many of which about what Brian Ferentz 12· ·based on race?
13· ·is saying.· Are you asking him to go back through 13· · · · A.· ·To the best of my knowledge at this time,
14· ·all of that again? 14· ·yes.
15· · · · · · ·MR. STONE:· No, I'm not.· I'm asking him 15· · · · Q.· ·Did you participate in interviews
16· ·on the subject of former African American players, 16· ·conducted by a law firm?· And the law firm's name
17· ·other than himself, if he knows information about 17· ·was Husch Blackwell.· Does that ring any bells to
18· ·Brian Ferentz that he believes were the results of 18· ·you?
19· ·acts of discrimination or racial bias by Brian 19· · · · A.· ·I did not participate in any interviews.
20· ·Ferentz directed to players other than himself.· And 20· · · · Q.· ·Do you know whether any former African
21· ·if he's told me everything he knows so far, he can 21· ·American football players at Iowa had been punished
22· ·answer it that way. 22· ·for singing?
23· · · · A.· ·Okay.· I believe I've told you everything 23· · · · A.· ·I'm sorry.· Punished for what?
24· ·I know so far -- 24· · · · Q.· ·For singing, as in singing songs or, you
25· · · · Q.· ·(By Mr. Stone)· All right. 25· ·know, making music.

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·1· · · · A.· ·Ah, I do remember that black players were ·1· ·teaching me everything, and he was talking about his
·2· ·not allowed to, like, be themselves.· We couldn't -- ·2· ·other hobbies and how to be aware and be careful
·3· ·I remember Damon Bullock -- him and Jordan Lomax ·3· ·within this program because of how they treat the
·4· ·were doing like a comedy type of thing on social ·4· ·blacks compared to the white student athletes.
·5· ·media.· And they were told to not participate in ·5· · · · Q.· ·Did you say earlier that Mr. Bullock had
·6· ·that anymore, because it looks poorly and that's not ·6· ·passed away also?
·7· ·the "Iowa way."· I also do remember some players ·7· · · · A.· ·That's correct.
·8· ·having aspirations -- or having hobbies in singing, ·8· · · · Q.· ·Do you know when he passed away?
·9· ·and they were not allowed to do that, or if they ·9· · · · A.· ·I do not know.· It was sometime before
10· ·were caught doing it, that they would be punished. 10· ·Derrick Mitchell.
11· ·So I remember black players having to hide that, but 11· · · · Q.· ·Do you know whether Mr. Lomax or
12· ·I do remember our white teammates singing all the 12· ·Mr. Bullock received any punishment for that social
13· ·time.· So -- yeah. 13· ·media post, or were they just asked to take it down,
14· · · · Q.· ·Who were the two first individuals you 14· ·or do you know?
15· ·named, Mr. Parker?· Was it Jordan Lomax?· Was that a 15· · · · A.· ·I can't recall for certain.· We didn't --
16· ·name you gave us? 16· ·I can't recall for certain.
17· · · · A.· ·That is correct.· And Damon Bullock. 17· · · · Q.· ·Do you know whether any African American
18· · · · Q.· ·Okay.· And they had posted some things on 18· ·football players at Iowa were punished for dancing?
19· ·social media, and what occurred, if you know? 19· · · · A.· ·For dancing?· I can't recall at this point
20· · · · A.· ·They were -- they were told to take the 20· ·in time.
21· ·videos down, to not participate in any other videos 21· · · · Q.· ·Do you know whether any African American
22· ·like that anymore.· Because they were actually 22· ·former football players were punished for looking
23· ·getting good, I guess, views or notoriety from it. 23· ·funny or because of their appearance?
24· ·You know, people were liking their videos, and the 24· · · · A.· ·Again, that could have been the main
25· ·coaches didn't like that.· They didn't like you to 25· ·reason why my -- other black players were being
Page 167 Page 169
·1· ·be yourself.· They wanted you to be conformed to how ·1· ·punished, but Kirk Ferentz would never come out and
·2· ·they wanted you to be conformed. ·2· ·state that is the exact reason why.· He would try to
·3· · · · Q.· ·Is that -- ·3· ·act like he didn't know or that's not his motive and
·4· · · · A.· ·That happened a lot.· Yeah. ·4· ·use some other excuse, whether it's the person --
·5· · · · Q.· ·Was that something that Mr. Lomax or ·5· ·they received -- they could have received a C on a
·6· ·Mr. Bullock told you? ·6· ·certain exam.· He's going to give them community
·7· · · · A.· ·Mr. Bullock and Lomax, yes, that is ·7· ·service and punish them for that matter, but he
·8· ·correct. ·8· ·would never come out and directly say, "It's because
·9· · · · Q.· ·Did you hear any of the coaches say things ·9· ·you're black and wearing your hair like this."· It's
10· ·directly to Mr. Bullock or Mr. Lomax about their 10· ·just the differences that you see within the
11· ·social media or their singing? 11· ·program.· And it has to be true if other white
12· · · · A.· ·I do not.· But I know it was not 12· ·teammates notice this.
13· ·far-fetched by the things that Coach Ferentz used to 13· · · · Q.· ·Do you know any player that got punished
14· ·say in the meetings or he would send his assistant 14· ·for getting a C on an exam?
15· ·down to say, which -- where we couldn't wear certain 15· · · · A.· ·I used the C on the exam as an example to
16· ·things.· We couldn't have our hair a certain way. 16· ·try to help you put into perspective or visualize
17· ·We had to be exactly the "Iowa way," as they like to 17· ·what I was saying about Kirk Ferentz.· I do not know
18· ·call it. 18· ·any student that was punished for getting a C on
19· · · · Q.· ·Do you know when this communication 19· ·their exam.· However, there was students, like Josh
20· ·occurred to Mr. Bullock or Mr. Lomax? 20· ·Jackson, Akrum Wadley, you know, Reggie Spearman --
21· · · · A.· ·I do not know when.· My communication 21· ·there was multiple students getting punished for
22· ·occurred with them in 2013 -- in 2013 around the 22· ·their grades, so to say.· So maybe they did receive
23· ·time when I first got there.· Because that was 23· ·a certain C on that exam.· But there was also other
24· ·around the time where I met Damon Bullock.· He was 24· ·things that was totally, let's say, clear as to why
25· ·pretty much getting me warmed up to the program, 25· ·the person was being punished, such as not eating

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·1· ·some undercooked food or not drinking the shake, ·1· ·wasn't looking, we'd take another steak, and we'd
·2· ·which was the black players.· Yeah. ·2· ·make them look like we ate it, and we'd put the one
·3· · · · Q.· ·So you mentioned Josh Jackson.· What was ·3· ·that they -- because we were hungry.· You got to
·4· ·he punished for, if you know? ·4· ·think that we wasn't eating, really.· So that was
·5· · · · A.· ·There was always a number of things, ·5· ·really only our meal.· So we'd put the steak in our
·6· ·whether it was his grades or he just wasn't doing ·6· ·bag, and we'd hide it, and we'd take it home and
·7· ·well on the field by their standards, whether he -- ·7· ·cook it some more to eat.· That's how we would go
·8· ·they was making him switch a position.· There was -- ·8· ·about that, and we'd make the steak look like it was
·9· ·it was always something.· The black players were ·9· ·ate so we could find finally go home and get out of
10· ·always targeted for something.· It's hard to say 10· ·there.
11· ·exactly what the reason was at times, because it was 11· · · · Q.· ·Did you communicate to the people in the
12· ·ongoing, and there was always something.· Again, the 12· ·program who were preparing the food, or to the
13· ·black players felt like that the coaching staff 13· ·coaches, how you wanted the meat cooked?
14· ·would get in these meetings and be like, "Hey, today 14· · · · A.· ·Definitely.· I -- to both.· I said it to
15· ·we're going to pick on this black player." 15· ·the people who were preparing the food, and they
16· · · · · · ·And I truly believe that myself by sitting 16· ·said, "Oh, well, this is how the coaches order it.
17· ·on the sideline, seeing these coaches target certain 17· ·And obviously we don't have any of our equipment
18· ·players to either to get them hurt or get them 18· ·here to cook the food any more.· So that would be a
19· ·kicked off the team.· And when you try to relate it 19· ·request that you have to make with the coaches."
20· ·all back together, it usually works out.· And then a 20· ·And then the request was made, but no.· Still wasn't
21· ·couple days or a week later, we find out that a 21· ·to our liking.
22· ·white teammate, who was a walk-on -- and no knock to 22· · · · Q.· ·Who did you talk to about a request that
23· ·any walk-ons, but we find out he's now getting a 23· ·steaks be cooked more?
24· ·full scholarship that one of the players who just 24· · · · A.· ·Raimond Braithwaite at the time, Justin
25· ·got kicked off the team lost.· Hmm. 25· ·Jenning (ph).· I believe that was Justin.· The
Page 171 Page 173
·1· · · · Q.· ·Do you know that Brian Ferentz was ·1· ·strength coach Justin.· I don't remember his last
·2· ·elevated to the offensive line coach in the year ·2· ·name.· So don't quote me on Jenning.· But I talked
·3· ·2012? ·3· ·to the strength staff, because they were typically
·4· · · · A.· ·Yes. ·4· ·over the meals, from my understanding.· And what
·5· · · · Q.· ·That was before you arrived at the campus; ·5· ·they did with that information seemed like nothing.
·6· ·correct? ·6· · · · Q.· ·Do you know when you made those comments
·7· · · · A.· ·Correct. ·7· ·or lodged those complaints about the doneness of the
·8· · · · Q.· ·Were you gone from the program when Brian ·8· ·meat that you were being served?
·9· ·Ferentz was named the offensive coordinator in 2017? ·9· · · · A.· ·I do not remember the exact date.
10· · · · A.· ·Yes, I was. 10· · · · Q.· ·I believe you've talked about drinking
11· · · · Q.· ·You've mentioned, I believe, a couple 11· ·excessive amounts of shakes and Gatorade.· Can you
12· ·times in your answer, Mr. Parker, to eating meat 12· ·explain that to us, Mr. Parker.
13· ·that wasn't cooked to the temperature that you 13· · · · A.· ·Yes.· So we would have to weigh in -- we
14· ·wanted it to be cooked to.· Am I understanding from 14· ·would have to weigh in, and then you had to be --
15· ·your answers is that you liked your steak to be well 15· ·you had a goal weight that you had to make.· So
16· ·done; is that true? 16· ·during our weigh-in, we would -- this is how the day
17· · · · A.· ·No, that is not true. 17· ·looked.· We would wake up in the morning before
18· · · · Q.· ·Why don't you tell me about it, please. 18· ·workouts, and we would go weigh ourselves to see how
19· · · · A.· ·I typically like my steak to be medium 19· ·much we weighed.· The reason behind this is so we
20· ·well.· Yeah. 20· ·could make sure, one, we're on weight and, two, that
21· · · · Q.· ·So were you able to get your steak cooked 21· ·we didn't get in trouble so we wasn't punished.
22· ·medium well at the -- in the Iowa football building? 22· · · · · · ·So we'd go and weigh in.· We wasn't at
23· · · · A.· ·No, I was not.· I would have to sneak -- 23· ·weight -- if we wasn't at weight, then we'd go and
24· ·you know what we would do?· We would go back up 24· ·have, like, a shake or something.· Okay, we're fine.
25· ·there, we would get another steak -- if the coaches 25· ·We'll go weigh in, and sometimes we just may miss

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·1· ·our goal.· Coach would tell -- Chris Doyle would ·1· ·academically, whether that was reading a book,
·2· ·tell us to go and take another shake, take another ·2· ·whatever the case was.· It's just the Hawkeye
·3· ·water, you know, to make sure we getting those ·3· ·challenge consisted of a bunch of different team
·4· ·calories or whatever. ·4· ·tasks, and we would compete against the other team
·5· · · · · · ·But we would tell him, "I can't take any ·5· ·to see who came out with the most points at the end
·6· ·more.· I can't eat any more," like, and that's ·6· ·of the thing -- at the end.
·7· ·enough, but we would still have to take those ·7· · · · Q.· ·Was there -- I'm just not sure,
·8· ·shakes, waters, any of those fluids to make sure ·8· ·Mr. Parker.· Were there several different Hawkeye
·9· ·we're staying on weight, or eat that food and make ·9· ·challenges?· Is there one ongoing Hawkeye challenge
10· ·sure we're staying on weight. 10· ·for the entire season?· Or can you explain it to me.
11· · · · · · ·There's been times where players have 11· · · · A.· ·If I can recall correctly, the Hawkeye
12· ·thrown up and became completely sick due to the 12· ·challenge is typically in the off-season -- in the
13· ·nature of consuming themselves with so much fluids 13· ·off-season.· So it would run throughout the whole
14· ·or just food in general.· Of course I know Akrum 14· ·off-season.· This is every year.
15· ·Wadley threw up numerous amount of times. 15· · · · Q.· ·Were you -- did you undergo drug tests
16· · · · Q.· ·Can you tell me who besides Akrum Wadley 16· ·while you were a member of the Iowa football
17· ·that you knew threw up because of being required to 17· ·program?
18· ·drink what you considered excessive amounts of 18· · · · A.· ·I did.· Very frequently.
19· ·shakes or Gatorade? 19· · · · Q.· ·Did you ever fail a drug test, if you
20· · · · A.· ·Yes.· Malik Rucker, myself, Andre Harris. 20· ·know?
21· ·Derrick Mitchell threw up a couple times.· Who else 21· · · · A.· ·I did not.
22· ·was it?· That's all I can recall as of now. 22· · · · · · ·MR. DENNIE:· Counsel, we've been going
23· · · · Q.· ·Were you ever kicked out of the weight 23· ·about an hour.· Is this a point to stop, or do you
24· ·room for being under weight? 24· ·have more drug-testing questions?
25· · · · A.· ·I was not kicked out of the weight room, 25· · · · · · ·MR. STONE:· We can stop.· I'll take a look
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·1· ·as I can recall today, but I was disciplined by ·1· ·at my drug-testing questions.· So ...
·2· ·having to do -- I had the community -- and others ·2· · · · · · ·THE VIDEOGRAPHER:· Off the record at
·3· ·were disciplined as well for being under weight, by ·3· ·2:19 p.m.
·4· ·either coming in at any time of the day to have more ·4· · · · · · ·(A brief recess was taken.)
·5· ·shakes, more shakes, or by having to do community ·5· · · · · · ·THE VIDEOGRAPHER:· On the record at
·6· ·service if they felt like you just wasn't trying to ·6· ·2:35 p.m.
·7· ·achieve your goal of being on weight.· You know, or ·7· · · · Q.· ·(By Mr. Stone)· Mr. Parker, do you know
·8· ·you were held out of the practice.· Well, no, let's ·8· ·with what frequency you were experiencing random
·9· ·not say held out of practice.· You weren't allowed ·9· ·drug tests at the Iowa football program, if you
10· ·to play.· You weren't allowed to play. 10· ·know?
11· · · · Q.· ·Were you ever given community service for 11· · · · A.· ·I'm not sure the frequency.· It was fairly
12· ·eating-related issues? 12· ·frequent.
13· · · · A.· ·I was given community service for -- I 13· · · · Q.· ·Did you ever tell the coaches or any
14· ·can't recall right now if I was given community 14· ·administrator that you believed you personally were
15· ·service for an eating-related issue -- an 15· ·being subjected to an unusual number of random drug
16· ·eating-related issue.· I'm sorry. 16· ·tests?· Does that ring any bells with you?
17· · · · Q.· ·You mentioned the Hawkeye challenge.· Can 17· · · · A.· ·May you ask the question again.
18· ·you explain to me what that is, Mr. Parker. 18· · · · Q.· ·Yes.· And I'm referring to you
19· · · · A.· ·The Hawkeye challenge is where the Iowa 19· ·specifically, whether you communicated to any
20· ·football team would come together and break off into 20· ·coaches or to any University administrators that you
21· ·those smaller -- smaller teams consisting of, let's 21· ·believed you personally were being subjected to more
22· ·say, anywhere between 10 to 15 or 20 people.· And 22· ·random drug tests than were necessary.
23· ·then within that challenge we'll have different 23· · · · A.· ·I do not recall.
24· ·tasks or goals that we want to achieve, whether that 24· · · · Q.· ·Have you talked to former white Iowa
25· ·was in the weight room, whether that was 25· ·football players about the claims of discrimination

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·1· ·that are in the first amended complaint? ·1· ·there was racial discrimination within the Iowa
·2· · · · A.· ·I do not recall. ·2· ·football program said to you by former white
·3· · · · Q.· ·Do you know the names of any of the white ·3· ·players?
·4· ·players that you mentioned the tension -- attended ·4· · · · A.· ·Not at this time.
·5· ·the learning center and the meetings that were held ·5· · · · Q.· ·Do you have any physical injuries as a
·6· ·at the learning center? ·6· ·result of your participation in the Iowa football
·7· · · · A.· ·Pete Parker. ·7· ·program?
·8· · · · Q.· ·I'm sorry.· What was his first name, ·8· · · · A.· ·I have the fractured foot that we spoke
·9· ·please? ·9· ·about earlier today.· That was one of my most
10· · · · A.· ·Pete -- I believe his first name was Pete, 10· ·serious injuries -- physical injuries.
11· ·last name Parker -- attended them.· And I'm not -- I 11· · · · Q.· ·Has that healed, Mr. Parker?
12· ·can't recall who else. 12· · · · A.· ·Yes.
13· · · · Q.· ·If you were to identify former white 13· · · · Q.· ·Do you continue to have any physical
14· ·football players who have communicated to you that 14· ·injuries as a result of your participation in the
15· ·they believe there is any discrimination in the Iowa 15· ·Iowa football program that continue to linger or
16· ·football program based on race, who are the people 16· ·cause you any disability or any physical pain or
17· ·that you believe have said that to you? 17· ·discomfort?
18· · · · A.· ·Max Stone.· I believe that's his name, Max 18· · · · A.· ·Not -- no.
19· ·Stone.· I don't remember his last name, but his name 19· · · · Q.· ·Are you mentally injured in some way,
20· ·was Zaun.· Steve Manders.· That's who I can remember 20· ·Mr. Parker?· Are you -- do you have any mental
21· ·coming in contact with as of now. 21· ·injuries as a result of participating in the Iowa
22· · · · Q.· ·Can you tell me what you recall Max Stone 22· ·football program?
23· ·saying? 23· · · · A.· ·Yes.· I have a lot of mental injuries, for
24· · · · A.· ·Yeah.· "That's fucked up how they doing 24· ·the simple fact that I wasn't allowed to pursue the
25· ·you-all.· I mean, we never" -- "we never experience 25· ·degree of pursuing a career in dentistry, which
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·1· ·that, man.· That's really fucked up.· I'm sorry ·1· ·allowed me to have to take out all these different
·2· ·you-all have to go through that, you know." ·2· ·loans to -- just to continue my education upon
·3· · · · · · ·Then Riley McCarron, he -- Riley McCarron ·3· ·completing -- upon completing my education at the
·4· ·mentioned to me to just stay strong, at a point in, ·4· ·University of Iowa.· So I'm dealing with the burden
·5· ·like, my last year at Iowa, to just stay strong and, ·5· ·of how I'm going to pay for school, how I'm going to
·6· ·you know, stay out of the way, which means don't do ·6· ·pay back the student loans --
·7· ·anything to upset the coaches and to continue to ·7· · · · · · ·REPORTER:· I'm sorry, Mr. Parker.· You
·8· ·work hard, because he saw what I was experiencing. ·8· ·said, I'm dealing with the burden of how I'm going
·9· · · · Q.· ·How about Zaun, the name of the individual ·9· ·to pay for ..."
10· ·whose last name you -- 10· · · · A.· ·... for schooling, how I'm going to pay
11· · · · A.· ·Yeah.· They pretty much was all to the 11· ·back the student loans that I have incurred after
12· ·same extent.· You know, that was messed up.· Also, 12· ·leaving the University of Iowa, because I wasn't
13· ·Marshall Koehn -- I believe that's his last name -- 13· ·allowed to major in a degree I wanted to at that
14· ·as well.· Yeah. 14· ·current time.· I'm also dealing with when I wake up
15· · · · Q.· ·Marshall -- 15· ·a bunch of nights, having nightmares.· I wake up in
16· · · · A.· ·Yeah.· All of their responses pretty much 16· ·cold sweats just from the situations I experienced
17· ·are the same extent.· I can't remember everything 17· ·back then.· I'm also dealing with the depression and
18· ·word for word, but it pretty much was along the 18· ·being scared to just voice to others back home what
19· ·lines of "Hey, man, that's really fucked up how 19· ·actually happened at Iowa and why didn't I come and
20· ·they're doing you guys." 20· ·say anything.· I'm dealing with that.· I'm dealing
21· · · · Q.· ·Did you say his name was Marshall Koehn? 21· ·with the emotional aspect of having to just keep
22· · · · A.· ·I believe that's his last name, correct. 22· ·everything to myself, but still, at the same time,
23· · · · Q.· ·As we've been identifying these players, 23· ·remain strong for my family.
24· ·do you have any others that come to mind 24· · · · · · ·Like, it's -- all the different things
25· ·communicated to you statements that they believed 25· ·that I went through at the University of Iowa is

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·1· ·very sad.· And I didn't expect it come from someone ·1· · · · Q.· ·Did she prescribe any medicine for you,
·2· ·who said that they were supposed to guide me and ·2· ·Mr. Parker?
·3· ·develop me as a man and show me the proper way of ·3· · · · A.· ·She prescribed ADHD medicine by the name
·4· ·doing things.· Totally disregarded all that and ·4· ·of Vyvanse.
·5· ·treated me like I just was nothing, just a piece of ·5· · · · Q.· ·Can you spell that for the record.
·6· ·work, someone who's going to work for them and ·6· · · · A.· ·I'm not sure the correct spelling.· Sorry.
·7· ·that's it. ·7· ·But the name is Vyvanse.· It's a medication for
·8· · · · Q.· ·Are you reading from something, ·8· ·ADHD, or another form of Adderall.
·9· ·Mr. Parker? ·9· · · · Q.· ·Are you still taking that medication?
10· · · · A.· ·No. 10· · · · A.· ·Not at the moment, no.
11· · · · Q.· ·You -- 11· · · · Q.· ·When did you take that medication,
12· · · · A.· ·I'm sorry.· When I talk -- when I speak 12· ·Mr. Parker?
13· ·sometimes, I speak with my hands and also my body. 13· · · · A.· ·I took that medication from 2018 -- I
14· ·So I will look around and move my hands. 14· ·believe it was -- or I'm not -- I can't recall the
15· · · · Q.· ·I just saw you glancing down towards the 15· ·exact dates.· I'm sorry.
16· ·desk.· I wondered if you had a piece of paper or a 16· · · · Q.· ·Do you know whether you took it for a
17· ·note there you were referring to. 17· ·matter of a few months or a year or longer than a
18· · · · A.· ·Nope.· Just looking around.· Yeah. 18· ·year?· Do you recall?
19· · · · Q.· ·Have you seen any medical providers with 19· · · · A.· ·Yeah.· I was taking it for at least a
20· ·respect to the mental injuries you have described? 20· ·year.· It was longer, but I'm not sure the exact
21· · · · A.· ·I spoke with psychiatrists. 21· ·time frame.
22· · · · Q.· ·When did you speak with a psychiatrist, 22· · · · Q.· ·And then since moving from Houston, did
23· ·Mr. Parker? 23· ·you discontinue the treatment from Dr. Grover?
24· · · · A.· ·I know I spoke with some when I was 24· · · · A.· ·Yes.· And I transferred over to another
25· ·located in Houston.· Speaking with one now.· We 25· ·psychiatrist, and we went with the same treatment.
Page 183 Page 185
·1· ·started speaking together.· We started working with ·1· · · · Q.· ·And that psychiatrist, is that the Gateway
·2· ·each other.· I'm sorry.· When I came back to ·2· ·Psychiatric Group in St. Louis, Missouri?
·3· ·St. Louis, I spoke with another. ·3· · · · A.· ·That's correct.
·4· · · · Q.· ·I believe in your answers to ·4· · · · Q.· ·Do you have the name of a doctor that's
·5· ·interrogatories you made reference to a Dr. Grover ·5· ·treating you there, or is it different doctors?· Or
·6· ·in Houston, Texas. ·6· ·what can you tell us?
·7· · · · A.· ·That's correct.· That's correct. ·7· · · · A.· ·I have -- I would have to find the name of
·8· · · · Q.· ·How many times did you see Dr. Grover? ·8· ·the doctor there.
·9· · · · A.· ·We did not meet a lot at all.· Me and ·9· · · · Q.· ·Is there just one doctor who's been
10· ·Dr. Grover, we spoke briefly -- not even briefly. 10· ·treating you there, and you just don't recall the
11· ·We spoke about my situation and everything I've been 11· ·name?
12· ·through, and it came out she diagnosed me with 12· · · · A.· ·Yes, that's correct.
13· ·having ADHD.· So that's where all of my storytelling 13· · · · Q.· ·How many times have you seen a doctor at
14· ·and struggles and pain came back to be, according to 14· ·Gateway Psychiatric Group?
15· ·Dr. Grover. 15· · · · A.· ·We met either three or four times.· We're
16· · · · Q.· ·When you say you spoke to her, do you mean 16· ·supposed to have another meeting, but unfortunately,
17· ·you spoke to her in her office, you visited her, or 17· ·we haven't gotten there yet.
18· ·did you talk on the phone? 18· · · · Q.· ·Has that psychiatric group given you any
19· · · · A.· ·This was all via Zoom.· This was all 19· ·diagnosis, if you know?
20· ·around the time of the pandemic. 20· · · · A.· ·Well, prior to my meeting with that group,
21· · · · Q.· ·And as you described this for us, can you 21· ·we were talking about my previous relationship with
22· ·tell us how many times you've spoke with Dr. Grover, 22· ·Dr. Grover.· So we just -- she asked me about some
23· ·approximately? 23· ·things that I've dealt with, and we kind of went
24· · · · A.· ·I believe me and Dr. Grover spoke around 24· ·with the ADHD.· We just continued that process.
25· ·four or five times. 25· · · · Q.· ·Does the Gateway Psychiatric Group -- have

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·1· ·they prescribed medicine for you also? ·1· ·or to know -- to let her know that I was in a
·2· · · · A.· ·Yes. ·2· ·depressed state.· It's difficult after you go
·3· · · · Q.· ·And is it some form of Adderall or Vyvanse ·3· ·through those.· And definitely being one of your
·4· ·that they're also prescribing, if you know? ·4· ·first times or second time speaking with a therapist
·5· · · · A.· ·Yes, that's correct. ·5· ·or a psychiatrist, after going through what you had
·6· · · · Q.· ·And they're treating you for ADHD? ·6· ·been through at the University with a therapist at
·7· · · · A.· ·That's correct. ·7· ·the time, it was very different so -- and hard.· And
·8· · · · Q.· ·Have you now told me what mental injuries ·8· ·that's how we came about with the ADHD.
·9· ·that you have received treatment for since leaving ·9· · · · Q.· ·Is it fair to say that it's the
10· ·the Iowa football program? 10· ·culmination of your 4 years of experience or 3 1/2
11· · · · A.· ·Yes, that's correct. 11· ·years of experience at Iowa that resulted in the
12· · · · Q.· ·How did the mental injuries that you are 12· ·mental injuries and nightmares and depression that
13· ·being treated for -- how did those happen to you at 13· ·you've described for us today?
14· ·the University of Iowa?· What is it that you 14· · · · A.· ·You asked me -- when you say at Iowa, are
15· ·attribute those injuries to? 15· ·you talking about Iowa in general, or are you
16· · · · A.· ·And you're asking about mental -- may you 16· ·speaking about the things that I endured during the
17· ·repeat the question, please. 17· ·football -- at the football program?
18· · · · Q.· ·Yes.· I'll try to rephrase it.· I'm asking 18· · · · Q.· ·When I said "at Iowa," I didn't mean
19· ·you to tell us, to the extent you can, what it is 19· ·broader University.· I meant the football program.
20· ·that happened to you at the University of Iowa that 20· ·Are the mental injuries that you have described for
21· ·you believed caused the ADHD that you're receiving 21· ·us today, for which you're undergoing treatment at
22· ·treatment for. 22· ·the Gateway Psychiatric Group and for which you
23· · · · A.· ·Oh, the staying up late, all the lying 23· ·underwent treatment with Dr. Grover -- are those the
24· ·that I am doing for my coaches, from not feeling 24· ·result of the culmination of your 3 1/2 years of
25· ·like I was being protected.· You got to think, I was 25· ·experience with the Iowa football program?
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·1· ·a first-generation college student.· So I'm ·1· · · · A.· ·Definitely.
·2· ·navigating all this on my own.· Like, I'm going ·2· · · · Q.· ·It's not due to Kirk Ferentz alone or
·3· ·through all this on my own.· I'm trying to learn how ·3· ·Chris Doyle alone or Brian Ferentz alone; correct?
·4· ·to deal with racism and how to stay -- continue to ·4· · · · · · ·MR. DENNIE:· Objection.· Mischaracterizes
·5· ·be myself and how to also be the "Iowa way," which ·5· ·the testimony.· Compound question.
·6· ·is like a white person to them.· So all of the ·6· · · · Q.· ·(By Mr. Stone)· Well, let me break it
·7· ·lying, all of the discrimination and racism that I ·7· ·down.· As you sit here today and describe for us the
·8· ·endured, staying up -- having to stay up late, ·8· ·mental injuries you have suffered as a result of
·9· ·having to wake up early, having to stuff myself with ·9· ·your participation in the Iowa football program, you
10· ·fluids and food, and seeing other teammates go 10· ·can't look back and say -- or you wouldn't look back
11· ·through this, knowing that it was wrong and knowing 11· ·and say, "Kirk Ferentz caused it," would you?
12· ·that I couldn't say anything about it or go to 12· · · · · · ·MR. DENNIE:· I'm going to object as
13· ·anyone.· I just had to sit there and watch them go 13· ·mischaracterizes the testimony.· Misstates virtually
14· ·through it.· Seeing all these black players being 14· ·everything and assumes facts not in evidence.
15· ·kicked out, kicked out of the University, seeing 15· · · · Q.· ·(By Mr. Stone)· You can still answer the
16· ·them all being tolerated completely different than 16· ·question, Mr. Parker.
17· ·our white teammates caused me to just go into a big 17· · · · · · ·MR. DENNIE:· That's unreal.
18· ·state of depression.· And being a first-generation 18· · · · A.· ·May you repeat the question again and
19· ·college student, having to be the one that's strong 19· ·rephrase it, please.
20· ·and that's going to carry the family, it took a 20· · · · Q.· ·(By Mr. Stone)· Yeah.· You talked about
21· ·great toll on me. 21· ·how these mental injuries that you've described were
22· · · · · · ·So -- and I think what it was -- when I 22· ·the culmination of 3 1/2 years of participation in
23· ·was speaking with my psychiatrist at the time, it 23· ·the Iowa football program, and I want to ask you if
24· ·was a matter of all those things.· And it just was 24· ·there is a specific instance that you attributed to
25· ·difficult trying to find the strength to bring up -- 25· ·Mr. Kirk Ferentz that you believe caused any of the

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·1· ·injuries that you suffered? ·1· · · · A.· ·Yes.· From seeing the way that Chris Doyle
·2· · · · A.· ·How he just disregarded everything I said ·2· ·talked to other players, from seeing the way -- or
·3· ·about his son calling me a black dumbass player, ·3· ·dealing with the way that Chris Doyle made not only
·4· ·saying, "Only a black dumbass player would do ·4· ·me but other African Americans stay to eat food that
·5· ·something like that," how he took that and showed me ·5· ·was not to our liking, that we had to -- and drink a
·6· ·that he didn't care and told me, like, "Hey, you ·6· ·bunch of fluids that caused us to throw up, which
·7· ·pretty much need to transfer."· That haunts me every ·7· ·was damaging to our mental and also our physical
·8· ·day.· Because had I not transferred, what would have ·8· ·body.· Yes, those things.· Also hearing all the
·9· ·happened then?· What about all the different ·9· ·racial slurs about the monkeys and niggers and the
10· ·connections?· Like, it's hard.· Like, I can't -- 10· ·motherfucking dumbass black players.· All of that
11· ·although I graduated from the University of Iowa, I 11· ·had to do with the mental and physical -- or the
12· ·can't even say that I'm a proud grad of University 12· ·pain that I incurred at the University of Iowa, yes.
13· ·of Iowa because of how I was treated over there. 13· · · · Q.· ·(By Mr. Stone)· Have you now told me all
14· ·That haunts me every day. 14· ·of the mental and physical and emotional injuries
15· · · · · · ·So it's a -- that is one of the main 15· ·that you believe you have suffered as a result of
16· ·things that sticks with me every day.· But it's a 16· ·your experience as an Iowa -- participant in the
17· ·combination of all those things, dealing with Brian 17· ·Iowa football program?· Have you covered that?
18· ·Ferentz, Chris Doyle, seeing -- seeing it be 18· · · · · · ·MR. DENNIE:· I object.
19· ·allowed, seeing other players get kicked out.· It 19· ·Mischaracterization.· He's testified all day about
20· ·was a combination of everything.· It's not just one 20· ·this.
21· ·thing. 21· · · · · · ·Go ahead.
22· · · · Q.· ·Is there some way in which you attribute 22· · · · A.· ·As I can recall to the best of my
23· ·the mental injuries that you have described to 23· ·knowledge, yes.
24· ·having been caused in you by Coach Doyle? 24· · · · Q.· ·(By Mr. Stone)· Is there anything else
25· · · · · · ·MR. DENNIE:· I'm going to object as to 25· ·that you believe is an injury that you have suffered
Page 191 Page 193
·1· ·vague and ambiguous.· I don't even understand that ·1· ·as a result of your participation in the Iowa
·2· ·question. ·2· ·football program that you haven't told me about
·3· · · · Q.· ·(By Mr. Stone)· Well, let me see if I can ·3· ·today?
·4· ·rephrase it, Mr. Parker.· You talked about how ·4· · · · · · ·MR. DENNIE:· I'm going to object to
·5· ·you've suffered mental injuries, and they're the ·5· ·anything that's associated with attorney-client
·6· ·culmination of your 3 1/2 years of experience in the ·6· ·privilege that will be decided by the jury.
·7· ·Iowa football program.· And I'm asking you:· Is ·7· · · · A.· ·Not that I can recall.
·8· ·there some way that you can explain to us how it is ·8· · · · Q.· ·(By Mr. Stone)· I'm sorry, Mr. Parker.
·9· ·that you believe Chris Doyle caused those injuries ·9· ·What was your answer?
10· ·to you, if he did? 10· · · · A.· ·I said "not that I can recall."
11· · · · A.· ·Yes. 11· · · · · · ·MR. STONE:· All right.· Why don't you give
12· · · · · · ·MR. DENNIE:· Are you asking in addition to 12· ·us about five minutes.· We'll go to the breakout
13· ·what all of his testimony has been all day?· Do you 13· ·room, and then we'll be back.
14· ·want -- 14· · · · · · ·THE WITNESS:· Okay.
15· · · · · · ·MR. STONE:· No. 15· · · · · · ·THE VIDEOGRAPHER:· Off the record at
16· · · · · · ·MR. DENNIE:· -- him to repeat all that 16· ·2:58 p.m.
17· ·again? 17· · · · · · ·(A brief recess was taken.)
18· · · · · · ·MR. STONE:· Asking him to answer the 18· · · · · · ·THE VIDEOGRAPHER:· On the record at
19· ·question if he can. 19· ·3:17 p.m.
20· · · · · · ·MR. DENNIE:· Okay. 20· · · · · · ·MR. SOLOMON-SIMMONS:· Pass the witness?
21· · · · A.· ·Okay.· Well, maybe repeat the question. 21· · · · · · ·MR. DENNIE:· Mr. Stone, are you going to
22· · · · · · ·MR. STONE:· Yes.· Can you read it back, 22· ·officially pass on the record?
23· ·Jessi. 23· · · · · · ·MR. STONE:· Yes.· I'm done with the direct
24· · · · · · ·(The pending question was read by the 24· ·examination of Mr. Parker.
25· ·reporter.) 25· · · · · · ·MR. DENNIE:· Thank you, Counsel.

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·1· · · · · · · · · · · ·EXAMINATION ·1· · · · Q.· ·(By Mr. Dennie)· Okay.· I'm going to stop
·2· ·BY MR. DENNIE: ·2· ·it and go back one second here.
·3· · · · Q.· ·Mr. Parker, I have a couple of questions ·3· · · · · · ·Sorry.· I'm having a little technical
·4· ·that I'm going to ask you.· As I mentioned off the ·4· ·difficulty.· It keeps jumping forward on me every
·5· ·record, I have to go to a funeral.· So I'm going to ·5· ·time I try to stop.
·6· ·ask you a couple of questions, because I have a ·6· · · · · · ·Okay.· Is that you there at the W --
·7· ·video that I had queued up, and then Beatriz may ask ·7· ·between the W and the A of the "Iowa" in the end
·8· ·you a few more if necessary. ·8· ·zone, walking towards the sideline?
·9· · · · · · ·So I'm going to put this up on the screen ·9· · · · A.· ·Yes, that is me.
10· ·here real quick.· Oh, no.· Sorry.· I had to get my 10· · · · Q.· ·Okay.· Okay.· What did you just do at the
11· ·computer recalibrated, and apparently it -- let's 11· ·44-second mark?
12· ·see if I've got it going here. 12· · · · A.· ·I took my helmet off.
13· · · · · · ·All right.· Let me try it again.· All 13· · · · Q.· ·Okay.· Okay.· So I'm going to stop it
14· ·right.· Here we go.· I'm going to mark and show you 14· ·there at the 1-minute mark.· Where are you standing
15· ·what's going to be marked as Deposition Exhibit 42. 15· ·right now?
16· · · · · · ·Earlier today do you recall watching a 16· · · · A.· ·I'm standing on the sideline.· It's -- if
17· ·video of the circumstance where Brian Ferentz called 17· ·you look in the middle top part of the screen, next
18· ·you a black dumbass?· Do you recall that? 18· ·to the person with the gray hoodie that's, like,
19· · · · A.· ·Yes, I do. 19· ·bent over or, like, sitting down.
20· · · · Q.· ·Iowa yesterday produced a second video 20· · · · Q.· ·Okay.· So we see a lot of coaches here on
21· ·from a different angle.· So I'm going to show you 21· ·the field.· Can you point out who these people are
22· ·that real quick.· And we'll just play it, and then 22· ·by referencing the yard line and where they are in
23· ·I'll ask you some questions. 23· ·the screen?
24· · · · · · ·(Video begins.) 24· · · · A.· ·Yes.· 10-yard line directly in front of me
25· · · · Q.· ·(By Mr. Dennie)· Okay.· I'm going to stop 25· ·near the cones -- correct, right there -- that's Don
Page 195 Page 197
·1· ·it for a second.· If we look at the 29-yard line at ·1· ·Shumpert.· He was a receivers GEA at the time.· Just
·2· ·the bottom left of the screen, who is that person? ·2· ·at the 20-yard line, I believe that's -- that looks
·3· · · · A.· ·Kirk Ferentz. ·3· ·like Bobby Kennedy, which was the receiver coach at
·4· · · · Q.· ·Okay.· And which direction is Kirk Ferentz ·4· ·the time.· And then right there where your mouse is
·5· ·facing? ·5· ·located, that is Seth Wallace.· I believe he was a
·6· · · · A.· ·He's facing the direction of the current ·6· ·linebackers coach.· Next to him is Chris White,
·7· ·drill, which is me with the ball. ·7· ·which is the running backs coach.· Right there is
·8· · · · Q.· ·Okay.· And just to be -- I know we've ·8· ·Lavar Woods, another linebackers coach, I believe.
·9· ·stopped it.· Just to be clear, it appears that ·9· ·And then let's -- and 35 -- at the 40-yard line in
10· ·you're No. 10; correct? 10· ·the gray T-shirt in the middle -- yes, right
11· · · · A.· ·That is correct, located in the end zone. 11· ·there -- that is Chris Doyle.
12· · · · Q.· ·Okay.· And who is that yelling at you? 12· · · · Q.· ·Okay.
13· · · · A.· ·Brian Ferentz. 13· · · · · · ·(Video continues.)
14· · · · Q.· ·Okay.· And where is Kirk Ferentz's head 14· · · · Q.· ·(By Mr. Dennie)· Okay.· As this video
15· ·turned to? 15· ·comes to a close, where are you standing?
16· · · · A.· ·He's turned towards the direction of me 16· · · · A.· ·(Inaudible) next to the 5-yard line.
17· ·and Brian Ferentz.· So he's witnessing the incident. 17· · · · · · ·REPORTER:· Sorry.· Mr. Parker, can you
18· · · · Q.· ·Okay.· And if we're looking right now -- I 18· ·repeat that.
19· ·will submit for the record we're looking at the 19· · · · Q.· ·(By Mr. Dennie)· Yeah, you cut out, JP.
20· ·18-second mark.· Is that what appears in the lower 20· ·Can you say it one more time.
21· ·left corner? 21· · · · A.· ·Yes.· I'm located on the sideline next to
22· · · · A.· ·Correct. 22· ·the 5-yard line.
23· · · · Q.· ·Okay.· So I'm going to play the rest of 23· · · · Q.· ·Was there a circumstance after this video
24· ·the video. 24· ·closes where something else happened in the video --
25· · · · · · ·(Video continues.) 25· ·or in the practice?

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·1· · · · A.· ·Yes.· Brian Ferentz kicked me out of the ·1· ·understands that -- you know, that that wasn't
·2· ·practice after -- it's not in this video.· So it had ·2· ·right.
·3· ·to have been afterwards.· That's when Brian Ferentz ·3· · · · · · ·So I came into that meeting understanding
·4· ·kicked me out of the practice for still sitting on ·4· ·that -- or feeling that Kirk Ferentz would
·5· ·the sideline. ·5· ·understand that as well, but he totally took it to
·6· · · · Q.· ·So when -- if Kirk Ferentz takes the ·6· ·different matters.· He was cutting me off as I was
·7· ·position he didn't see what happened between you and ·7· ·speaking.· He made that conversation about me being
·8· ·Brian Ferentz based on this video where he's ·8· ·wrong and about me having to transfer.· And I was
·9· ·standing at the 29-yard line and looking at the end ·9· ·just completely heartbroken.· I was saddened. I
10· ·zone, what do you say to that? 10· ·felt every emotion possible.
11· · · · A.· ·I would totally disagree, that that is a 11· · · · · · ·After that meeting, I went and I just
12· ·lie.· He clearly knew what was going on.· During 12· ·didn't know what to do.· I felt like -- I felt like
13· ·this incident, as Brian Ferentz was yelling at me, 13· ·my life was over.· I felt like my life was over.· He
14· ·the practice grew completely quiet.· So there is no 14· ·was pushing me to transfer, and all black players
15· ·way that -- Phil Parker could hear the incident and 15· ·know what that means when Kirk Ferentz is talking to
16· ·tell me that I did nothing wrong and understand the 16· ·you.· Like, that means that he doesn't want you
17· ·incident and come and tell me that, you know, I did 17· ·here.· And if you do decide to stay -- as the
18· ·nothing wrong, I should apologize -- that Kirk 18· ·ultimatum that he likes to give, but he doesn't
19· ·Ferentz could not hear that.· He's way closer than 19· ·really care to give it -- then you know you're in
20· ·Phil Parker was, and he's obviously looking at the 20· ·trouble.· So you either want to -- and what I mean
21· ·incident.· So I would say that's completely a lie. 21· ·by trouble, I mean you're going to eventually be
22· ·He knew what was going on.· On top of that, there is 22· ·kicked out of the University.· They're just looking
23· ·nothing that Kirk Ferentz does not know that goes on 23· ·for you to do one more little thing.· And if you
24· ·within that building. 24· ·don't -- if it don't look like you're doing
25· · · · Q.· ·How loud was Brian Ferentz yelling at you? 25· ·anything, they're going to target you.· They're
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·1· · · · A.· ·If I have to rank it on a scale of 1 ·1· ·going to pick on you to cause you to do something or
·2· ·through 10, he was off the charts, but 10, if I had ·2· ·say something so they can just be like, "Hey, it's
·3· ·to choose a number on a scale of 1 through 10.· He ·3· ·time for you to go."
·4· ·was extremely loud. ·4· · · · · · ·So I was completely heartbroken. I
·5· · · · Q.· ·Is it fair to say he was screaming at you? ·5· ·thought Kirk Ferentz had his players' best
·6· · · · A.· ·Yes. ·6· ·interests, as he stated to me, but turns out he
·7· · · · · · ·MR. DENNIE:· As I represented, Counsel, I ·7· ·didn't.· He only cared about his son in that matter.
·8· ·have to leave to go to a funeral.· So I'm going to ·8· · · · Q.· ·Tell us how you were feeling when you
·9· ·hand the reins over to Beatriz to finish up, but ·9· ·walked into his office to talk to him about this
10· ·thank you. 10· ·issue of being called a black dumbass.
11· · · · · · ·MS. MATE-KODJO:· Thanks, Christian. 11· · · · A.· ·Honestly, scared -- scared.· I just had a
12· · · · · · · · · · · ·EXAMINATION 12· ·disagreement with his son.· A racial slur about
13· ·BY MS. MATE-KODJO: 13· ·black dumbass and only black ass players was just
14· · · · Q.· ·Jonathan, after Brian Ferentz called you a 14· ·used.· So I didn't know how Kirk Ferentz was going
15· ·black dumbass and you met with Kirk Ferentz, how did 15· ·to handle that, being Brian Ferentz is his son. I
16· ·you feel when Kirk Ferentz changed the purpose of 16· ·didn't know how he was going to handle that.· So I
17· ·the meeting on you to punish you? 17· ·was scared, which is one of the reasons why, when I
18· · · · A.· ·Betrayed, heartbroken, you know, because I 18· ·was talking to him, I did not state the actual
19· ·was coming in in the expectation that -- I was 19· ·racial slur, but I mentioned "and things," kept
20· ·coming in the meeting with the expectation that Kirk 20· ·disrespecting me, calling me out of my name.
21· ·Ferentz was going to listen to me and something was 21· ·Considering -- well, yeah, considering he saw the
22· ·going to be done.· And I really -- I truly felt 22· ·incident, so he knows what's going on.· He --
23· ·that.· Because if Phil Parker came to me and told me 23· ·there's nothing that he doesn't know. I
24· ·that this is wrong, you know, I did nothing wrong, 24· ·automatically just assumed he knew what was going
25· ·but I should just go talk to him anyway, then he 25· ·on, because he saw it.

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·1· · · · · · ·So I was scared.· Didn't know how he was ·1· · · · Q.· ·So you weren't criticized on your
·2· ·going to handle the situation or go about the ·2· ·participation level until you reported the black
·3· ·situation.· But I was also being optimistic, because ·3· ·dumbass or --
·4· ·I knew that I wasn't wrong.· There was multiple ·4· · · · A.· ·Correct.
·5· ·times I thanked Brian Ferentz, I said "yes, sir," ·5· · · · Q.· ·You got asked a lot of questions today by
·6· ·and he continued to disrespect me.· So I truly felt ·6· ·Mr. Stone about this -- well, he phrased it as the
·7· ·that I was not wrong.· And Kirk Ferentz continued to ·7· ·incident where you tossed the ball to Brian Ferentz.
·8· ·come at me and say I was the wrong one. ·8· ·When he framed that incident as, you know, turning
·9· · · · Q.· ·Is Kirk Ferentz intimidating? ·9· ·it on to you as you tossed the ball at Brian
10· · · · A.· ·Very.· He's very powerful.· He's like -- 10· ·Ferentz, how did that make you feel?
11· ·he's powerful.· Everyone knows he's powerful.· There 11· · · · A.· ·It was upsetting.· Because if you view the
12· ·is nothing that doesn't get by him.· There is 12· ·video, my toss and Brian Ferentz's throw are two
13· ·nothing that he doesn't know.· You have to always do 13· ·completely different body languages.· You see Brian
14· ·the right thing, which is the "Iowa way," which is, 14· ·Ferentz chuck the ball across the indoor practice
15· ·as I stated earlier, the same as a white player -- 15· ·facility.· You see me just simply, pretty much, hand
16· ·like a white player.· Nothing that you do -- you 16· ·Brian Ferentz the ball.· Very softly in my approach,
17· ·can't be yourself.· You couldn't be yourself. 17· ·Brian Ferentz very loud on his approach.· I felt it
18· · · · · · ·And may I state while we're going through 18· ·was very targeting and upsetting, because it makes
19· ·this, that was one of the reasons for my calls in 19· ·it sound like I was the aggressor in the situation,
20· ·the bowl game where I had the play that was viewed 20· ·and I was not at all, at all.· Even after getting
21· ·on national television as being, like, you know, a 21· ·disrespected multiple time, getting called out my
22· ·bad play, so to say.· It was because I was being 22· ·name, "fuck you," "dumbass," I still was being
23· ·conformed.· I was being conformed to act to their 23· ·respectful.· You can even see me on the sideline
24· ·standards.· I wasn't being able to be myself, play 24· ·afterwards.· I'm just standing there.· I'm not
25· ·how I wanted to play, and just voice everything I 25· ·making a fuss or anything.· I'm done with the
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·1· ·wanted to voice.· I had acted exactly like the white ·1· ·situation, but I still get approached and get kicked
·2· ·players, which caused me in turn to end up failing. ·2· ·out of the facility.· And then at the end of the
·3· ·I was not -- it was difficult.· It was a ·3· ·day, I still have to go do community service hours.
·4· ·mind-draining situation.· It was very stressful.· It ·4· ·Why?· You know -- and then I have to leave the
·5· ·was harmful.· And I had to keep all that in to ·5· ·University, and now his son is the offensive
·6· ·myself, because there was no one -- nowhere to turn ·6· ·coordinator.· And when Kirk Ferentz chooses to
·7· ·to, no one to turn to.· He's that powerful.· He is. ·7· ·leave, now his son is the head coach?· That's how
·8· · · · Q.· ·Prior to that meeting with Kirk Ferentz ·8· ·it's about to go.· That's not right.
·9· ·where you went in to talk to him about Brian Ferentz ·9· · · · Q.· ·You mentioned you felt like he was clearly
10· ·calling you a black dumbass, had anyone prior to 10· ·the aggressor -- Brian Ferentz was clearly the
11· ·that meeting ever said you weren't participating to 11· ·aggressor.· Are you familiar with the angry black
12· ·the best of your ability? 12· ·man racial stereotype?
13· · · · A.· ·Never. 13· · · · A.· ·I am familiar with that.
14· · · · Q.· ·So that was the first time in that meeting 14· · · · Q.· ·Did it make you feel like, in that line of
15· ·that you were hearing about these issues? 15· ·questioning, that you were being painted as a racial
16· · · · A.· ·That was the first time.· And that's why I 16· ·stereotype?
17· ·asked him to elaborate on that matter and -- which 17· · · · A.· ·It definitely did.
18· ·he couldn't even elaborate on why he felt that.· He 18· · · · Q.· ·How big of a guy is Brian Ferentz in terms
19· ·just said I wasn't -- he didn't feel I was dogging 19· ·of, you know, height, size, compared to you?
20· ·it or -- and had two feet in, something of that 20· · · · A.· ·He has at least 4 or 5 -- I would say
21· ·nature, which I don't know what that mean.· But it 21· ·about 4 or 5 inches over me heightwise.· Weightwise,
22· ·was never brought to my attention, and I was never 22· ·he's extremely larger than me.· So he's a fairly
23· ·coached on how I can become better or up to their 23· ·bigger guy than I am.· And if you view the video
24· ·standards, which is, like, a white player and 24· ·from the first angle or where it's a little closer
25· ·everything.· So no, never. 25· ·up, you can see how much bigger he is than me, when

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·1· ·I felt that he was about to actually physically harm ·1· · · · Q.· ·You testified earlier today about some
·2· ·me, when I was backing away. ·2· ·conversations you had with a University therapist.
·3· · · · Q.· ·How did it make you feel when you had to ·3· ·In those conversations with the therapist, did you
·4· ·apologize to Brian Ferentz for him calling you a ·4· ·discuss race discrimination within the football
·5· ·black dumbass? ·5· ·program specifically?
·6· · · · A.· ·Humiliated, intimidated, embarrassed. ·6· · · · A.· ·Yes, I did.
·7· ·Like, it was -- it was upsetting.· Because I knew ·7· · · · Q.· ·Okay.· And in those conversations, you
·8· ·that I did nothing wrong, and I was the one that was ·8· ·made it clear that the discrimination was tied to
·9· ·called a black dumbass, said "fuck you" to, and ·9· ·race; is that right?
10· ·everything -- just blown up on.· And I had to go 10· · · · A.· ·Correct.· And I specifically talked about
11· ·apologize.· And I knew that -- it was -- it was very 11· ·how Kirk Ferentz doesn't do anything about that.
12· ·humiliating and embarrassing.· Because even after I 12· ·But, unfortunately, my sessions were cut short,
13· ·apologized, he proceeded to not apologize back for 13· ·because the therapist told Kirk Ferentz -- and as I
14· ·his wrongdoing.· It just was an "I understand" and a 14· ·stated earlier, there is nothing that he doesn't
15· ·little smirk, and that was the extent of our 15· ·know, and as I stated -- also stated earlier, that's
16· ·conversation. 16· ·when he came to me after practice and mentioned my
17· · · · Q.· ·Tell us a little bit more why you didn't 17· ·meeting with the therapist.· And at that point I
18· ·end up registering as a pre-dentistry major at the 18· ·felt alone, once again, and wasn't able to
19· ·University of Iowa. 19· ·communicate anything with anyone, and I stopped my
20· · · · A.· ·I was not familiar with college at all, 20· ·sessions with the therapist.
21· ·being a first-generation college student.· So going 21· · · · Q.· ·How did that make you feel when Kirk
22· ·in and speaking with my academic advisor at the 22· ·Ferentz approached you to talk about a conversation
23· ·time, I told her what I had interests in as far as 23· ·that you thought was confidential with the
24· ·my career.· And she told me that there was no 24· ·therapist?
25· ·dentistry-related program, and she also told me that 25· · · · A.· ·Yes, yes.· I felt betrayed.· I felt
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·1· ·the coaches refrain from allowing -- or they don't ·1· ·betrayed, like, I didn't -- because there was so
·2· ·allow African Americans, pretty much, to take those ·2· ·much going on that I was dealing with.· I just
·3· ·courses.· So I was not allowed to take that course, ·3· ·really felt betrayed.· I felt heartbroken, saddened.
·4· ·because I wouldn't be successful with taking those ·4· ·Like, I just didn't know, like, what way to turn or
·5· ·courses due to the nature of practice and how ·5· ·what to believe anymore.· It was very difficult.
·6· ·time-consuming it was and also how rigorous those ·6· ·Yeah.
·7· ·courses are said to be. ·7· · · · Q.· ·Earlier this morning you talked a lot
·8· · · · · · ·So that was the reason why.· And they just ·8· ·about racial comments that were made or racial
·9· ·stuck me into, like, leisure studies.· And I pretty ·9· ·questions that were asked by Brian Ferentz, and I
10· ·much studied that all the way until I joined a 10· ·think the word "joking" was used.· Was anything
11· ·fraternity and met my fraternity advisor, who told 11· ·about Brian Ferentz's racial questions or comments
12· ·me the route that I had to go down to become a 12· ·funny to you?
13· ·dentis.· Yeah. 13· · · · A.· ·Never at all.· Never at all.· Actually it
14· · · · Q.· ·Did you later become aware that the 14· ·was harmful.· It was harmful.· I didn't like it.
15· ·University of Iowa does, in fact, have a dental 15· ·Other players didn't like it.· No one ever laughed
16· ·program? 16· ·at the joke at all.· And in fact, I don't really
17· · · · A.· ·I did.· And I was very heartbroken about 17· ·believe it was a joke.· I feel that he knew that it
18· ·that.· Because now I have all these loans that I 18· ·was some seriousness behind it, and he sensed that
19· ·have to pay back like I was just a regular student 19· ·the players felt that.· So he would try to laugh it
20· ·paying for school the whole time, when in fact I was 20· ·off.· That's what I mean when I say "joke."· But no,
21· ·on full scholarship.· So I could have been, you 21· ·that was a serious matter.· It was not funny to me
22· ·know, participating in my athletics and also 22· ·at all, nor to other players.
23· ·choosing a career based on a career that I actually 23· · · · Q.· ·Because racism isn't funny; is that right?
24· ·want to pursue and, in turn, not having any loans or 24· · · · A.· ·That is correct.· Racism is not funny.
25· ·any extra worries at the end. 25· · · · Q.· ·Earlier today you also -- you talked about

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·1· ·some white teammates had gone to a Trump rally and ·1· ·Raimond would have heard?
·2· ·given a University of Iowa football jersey to Trump. ·2· · · · A.· ·Oh, no.· No.· He -- being on the sideline
·3· ·Do you know who put -- who printed the name on the ·3· ·with Chris Doyle and seeing Brian Ferentz close to
·4· ·back of the jersey? ·4· ·the sideline all the time, he's heard multiple.· But
·5· · · · A.· ·I do not know for certain.· However, if it ·5· ·whether he chooses to report it or do something
·6· ·was anything like we deal with come game days, then ·6· ·about it, not -- I don't -- I don't think he does.
·7· ·it had to have been the equipment manager at the ·7· ·Because, obviously, in my instance he did not say
·8· ·time.· I can't remember his name, but it had to have ·8· ·anything.
·9· ·been equipment manager at the time, which was a ·9· · · · Q.· ·You mentioned earlier today that you got
10· ·white equipment manager, and he was more than 10· ·death threats at a certain point in time.· Could you
11· ·like -- no.· He was -- he had to have been 11· ·explain that a little bit more.
12· ·instructed by Kirk Ferentz to make the jersey. 12· · · · A.· ·Yes.· Around the time when I opted to be
13· · · · Q.· ·Do you know -- go ahead. 13· ·in the case and my statement was released, I
14· · · · A.· ·I'm sorry.· Because everything goes 14· ·received death threats via Facebook and Instagram.
15· ·through Kirk Ferentz.· Everything is -- he's, like, 15· ·And I just totally disregarded them, because I'm not
16· ·the last approval or -- if anything needs to be 16· ·on social media much.· And I've been dealing with so
17· ·done. 17· ·much and everything that went on, it's just hurtful,
18· · · · · · ·I remember -- actually, I remember when I 18· ·and it's like someone's trying to tell you that your
19· ·was hurt one time and I just -- again, knowing how 19· ·perception of reality isn't real and what you went
20· ·powerful Kirk Ferentz is and how he likes to judge 20· ·through isn't real, just because they feel a certain
21· ·the black players or punish them for anything, I 21· ·way or they hold the program to a higher standard, I
22· ·signed a document stating that, when I get hurt, I 22· ·guess I should say.· So it was very diminishing and
23· ·do not want to release any of my information to 23· ·hurtful.· And so what I did was just deleted those
24· ·anyone.· Unfortunately, I got hurt, and when I got 24· ·messages so I don't ever have to see them again.
25· ·hurt, guess who came to me.· Kirk Ferentz and the 25· · · · Q.· ·And just generally, what was your -- when
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·1· ·athletic -- the trainers came to me saying that I ·1· ·you read these messages, who were the people that
·2· ·have to sign this document stating that Kirk Ferentz ·2· ·these messages are coming from?· Are they people you
·3· ·and anyone else is allowed to view my medical ·3· ·knew, or were you getting messages from strangers?
·4· ·records so he can discuss it with me.· And again, ·4· · · · A.· ·No.· These were strangers.· These were
·5· ·not wanting to be punished, I was forced to do that. ·5· ·white Iowa Hawkeye fans.· Yeah.
·6· ·Yeah. ·6· · · · Q.· ·You've mentioned the "Iowa way" a few
·7· · · · Q.· ·Earlier today you talked about the term ·7· ·times today, and I just want to make sure that the
·8· ·"monkey" being used to describe a black player. ·8· ·record is clear as to what you meant by that.
·9· ·Just how did that word make you feel -- the use of ·9· ·Certain occasions you elaborated on.· Others you
10· ·that word make you feel? 10· ·didn't.· Just generally, in your own words, how
11· · · · A.· ·It was hurtful.· It was very hurtful, 11· ·would you describe the "Iowa way"?
12· ·especially -- it was hurtful, and it reaffirmed 12· · · · A.· ·To put it in one term, I would say just
13· ·everything that was going on as far as 13· ·like a white person.· And if I'm going into more
14· ·discrimination and racism within the program, 14· ·detail about that, it's about wearing your clothes a
15· ·especially when Raimond Braithwaite looked at me, 15· ·certain way, dressing a certain way, speaking a
16· ·because he -- by his look he confirmed to me that he 16· ·certain way, saying certain things that aligns with
17· ·heard it that time, but instead of saying something, 17· ·how the coaching staff -- or Kirk Ferentz, for that
18· ·which I thought he was going to finally do after 18· ·matter, wants the team to be viewed.· It's not about
19· ·hearing that in that instance, he said nothing.· So 19· ·being yourself at all.· It's about conforming to the
20· ·that was a very hurtful experience.· And that goes 20· ·way they want you to be, eating certain things the
21· ·back to not having someone that you feel like you 21· ·way that they like it and not the way that you like
22· ·can talk to or voice your -- you know, voice your 22· ·it, trying to gain massive amount of weight so you
23· ·opinion to and your feelings, because nothing's 23· ·could be the person that they want you to be.· It's
24· ·going to be done or said at all. 24· ·a very controlling -- the "Iowa way" is a very
25· · · · Q.· ·Was that the only racist comment that 25· ·controlling and intimidating, I would say, like,

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·1· ·term or thing.· Yeah. ·1· · · · Q.· ·And you also admitted that you told Coach
·2· · · · Q.· ·Do you think -- now that Chris Doyle is ·2· ·Brian Ferentz in the end zone that he should try to
·3· ·gone from the program, do you think that the program ·3· ·do the drill himself or do the drill himself or
·4· ·has somehow magically been cleaned of its racist ·4· ·words to that effect; correct?
·5· ·practices, or do you think that those practices are ·5· · · · A.· ·Yes.
·6· ·ongoing? ·6· · · · Q.· ·And you admitted to Kirk Ferentz in the
·7· · · · A.· ·No.· I definitely think those practices ·7· ·meeting that you taped that you told Coach Brian
·8· ·are ongoing.· I think that the coaches may be a ·8· ·Ferentz to do the drill himself or try to do the
·9· ·little more cautious in their approach with ·9· ·drill himself; correct?
10· ·everything now and that they may be allowing some 10· · · · A.· ·Yes.
11· ·changes.· Like, I'm sure they probably have changed 11· · · · Q.· ·And it's also true that you did not use
12· ·the music in the weight room to finally allow, you 12· ·the word "race" at any time in your meeting with
13· ·know, black music to play in the weight room now. 13· ·Kirk Ferentz, did you?
14· ·I'm sure they're doing some things to show that 14· · · · A.· ·I didn't -- I did not.
15· ·they're doing change, but I don't believe there is 15· · · · Q.· ·And you did not use the words "racial
16· ·no real change going, for the simple fact that K -- 16· ·slur" at any time in your meeting with Kirk Ferentz
17· ·Kirk Ferentz orchestrated a lot of things.· A lot of 17· ·that you taped, did you?
18· ·things went under Kirk Ferentz.· He dished out a lot 18· · · · A.· ·I did not.
19· ·of things.· So whether that was with how Doyle was 19· · · · Q.· ·And you did not use the word "racial
20· ·handling players or anyone else, it was all the time 20· ·discrimination" or "racial bias" or any words like
21· ·sent down by Kirk Ferentz.· He's the head guy.· He's 21· ·that at all in the meeting that you had with Kirk
22· ·the head guy. 22· ·Ferentz that you video-recorded?
23· · · · Q.· ·In other words, Kirk Ferentz does not have 23· · · · A.· ·I -- being intimidated, I was seeing how
24· ·a blind spot on race? 24· ·Coach Ferentz was trying to take over the
25· · · · A.· ·He does not. 25· ·conversation.· And after knowing that Kirk Ferentz
Page 215 Page 217
·1· · · · · · ·MS. MATE-KODJO:· Okay.· Thank you, ·1· ·had just witnessed the incident, I did not feel the
·2· ·Jonathan.· Those are our questions. ·2· ·need to talk about myself in that manner again,
·3· · · · · · ·THE WITNESS:· Thank you. ·3· ·because he knew.
·4· · · · · · · · · ·FURTHER EXAMINATION ·4· · · · Q.· ·And it's also true that, in fact, you
·5· ·BY MR. STONE: ·5· ·didn't -- you didn't use the word "race" or "racial
·6· · · · Q.· ·Mr. Parker, I have a few follow-up. ·6· ·discrimination" or "racial epithet" or "racial slur"
·7· · · · · · ·We've looked at the video a couple of ·7· ·or anything when you went to talk to Kirk Ferentz
·8· ·times of the football drill on December 19th of ·8· ·about that meeting -- you did not use "race" or any
·9· ·2016; correct? ·9· ·connotation or any words related to race in any way,
10· · · · A.· ·Correct. 10· ·did you, sir?
11· · · · Q.· ·And it's your testimony that you did not 11· · · · · · ·MS. MATE-KODJO:· Asked and answered.
12· ·do the drill correctly; correct? 12· ·Compound.
13· · · · A.· ·I did not do the drill by their standards. 13· · · · Q.· ·(By Mr. Stone)· Go ahead and answer the
14· ·I did the drill correctly. 14· ·question.
15· · · · Q.· ·And you told Kirk Ferentz in the meeting 15· · · · A.· ·As I can recall.
16· ·on -- that's recorded by you on your phone that you 16· · · · Q.· ·Have you ever told another coach in your
17· ·did not do the drill correctly; correct? 17· ·career, of any kind, to go do the drill himself or
18· · · · A.· ·Correct. 18· ·he should try to do the drill himself, other than
19· · · · Q.· ·And you also saw the video, and you saw 19· ·the incident with Brian Ferentz?
20· ·that you tossed the ball to Brian Ferentz; correct? 20· · · · A.· ·I have, actually, yes.
21· · · · A.· ·Yes, I did. 21· · · · Q.· ·Was it at the collegiate level, or was it
22· · · · Q.· ·And you also told Kirk Ferentz in the 22· ·in your high school days?
23· ·meeting, where you went to talk to him about it, 23· · · · A.· ·No.· High school and younger days.
24· ·that you tossed the ball to Brian Ferentz; correct? 24· · · · Q.· ·Was it your testimony that Kirk Ferentz
25· · · · A.· ·Yes. 25· ·said you were dogging it?

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·1· · · · · · ·MS. MATE-KODJO:· Objection.· Misstates his ·1· ·when Brian was yelling, so that anybody who was at
·2· ·testimony. ·2· ·that practice or on the field in view of the camera
·3· · · · Q.· ·(By Mr. Stone)· Well, in answers to your ·3· ·could have heard those comments.· That's your
·4· ·counsel's question, I believe that -- I wrote down ·4· ·testimony?
·5· ·that you were saying that Kirk Ferentz said you were ·5· · · · A.· ·Yes.· Correct.
·6· ·dogging it in practice.· Is that your testimony, or ·6· · · · · · ·MR. STONE:· I think that's all I have,
·7· ·did in fact Kirk Ferentz say you were not dogging ·7· ·Mr. Parker.· Thank you.
·8· ·it? ·8· · · · · · · · · ·FURTHER EXAMINATION
·9· · · · A.· ·I did not testify that Kirk Ferentz said I ·9· ·BY MS. MATE-KODJO:
10· ·was dogging it, no.· I believe you stated he said 10· · · · Q.· ·I have a few follow-up questions.
11· ·something about that.· When I brought up the point 11· · · · · · ·Jonathan, other than Brian Ferentz, has
12· ·about dogging it, I believe I was trying to talk 12· ·any other coach in your football career called you a
13· ·about how he did not tell me what exactly I was 13· ·dumbass black player?
14· ·doing wrong and how to get better.· He just said I 14· · · · A.· ·Never.
15· ·was not dogging it. 15· · · · Q.· ·Does tossing the ball at a coach justify
16· · · · Q.· ·You listen -- 16· ·the use of a racist slur against you, in your
17· · · · A.· ·So I believe you heard wrong. 17· ·opinion?
18· · · · Q.· ·You listened to the tape yesterday, and 18· · · · A.· ·Never, no.
19· ·then you listened to the tape this morning in this 19· · · · Q.· ·Does suggesting that a coach run a play
20· ·proceeding.· And is it fair to say that Kirk Ferentz 20· ·himself -- does that justify the use of a racial
21· ·told you in the meeting that he did not believe you 21· ·slur against you?
22· ·were dogging it? 22· · · · A.· ·No.
23· · · · A.· ·I believe so. 23· · · · Q.· ·Let's say that, you know, when you tossed
24· · · · Q.· ·It's your testimony that any coach that 24· ·the ball gently at Brian Ferentz and suggested that
25· ·was on the field during that practice of 25· ·he run the play himself, if you had emasculated him
Page 219 Page 221
·1· ·December 19th of 2016 could have heard Brian Ferentz ·1· ·because he is unable to run the play as you could
·2· ·say the alleged statement that you said? ·2· ·have run the play, does that justify him using a
·3· · · · · · ·MS. MATE-KODJO:· Objection.· Misstates his ·3· ·racial slur against you?
·4· ·testimony. ·4· · · · A.· ·It does not.
·5· · · · Q.· ·(By Mr. Stone)· It's a question.· Did you ·5· · · · · · ·MS. MATE-KODJO:· Those are my questions.
·6· ·understand it was a question? ·6· · · · · · · · · ·FURTHER EXAMINATION
·7· · · · · · ·MS. MATE-KODJO:· Not a question. ·7· ·BY MR. STONE:
·8· · · · Q.· ·(By Mr. Stone)· Did you understand the ·8· · · · Q.· ·Mr. Parker, just so it's clear that the
·9· ·question, Mr. Parker? ·9· ·record -- you just said that no coach, other than
10· · · · A.· ·No.· May you repeat it, please. 10· ·Brian Ferentz, has ever called you a dumbass black
11· · · · Q.· ·Yes.· Is it your opinion that Coach 11· ·player; is that correct?
12· ·Parker -- Phil Parker could have heard Brian 12· · · · A.· ·That's correct.
13· ·Ferentz's comments? 13· · · · Q.· ·And by "no other coach" you mean to
14· · · · A.· ·Yes. 14· ·include Coach Doyle; correct?· I believe you
15· · · · Q.· ·Is it your opinion that Chris Doyle could 15· ·previously testified Coach Doyle never called you a
16· ·have heard Brian Ferentz's comments? 16· ·dumbass black player; that's true?
17· · · · A.· ·Yes. 17· · · · A.· ·A dumbass black -- we're speaking in a
18· · · · Q.· ·Is it your opinion that Lavar Woods could 18· ·manner of the incident where Brian Ferentz -- when
19· ·have heard Brian Doyle's [sic] comments? 19· ·he said, "Only a dumbass black player would do
20· · · · A.· ·Yes. 20· ·something like that."· No other coach has ever
21· · · · Q.· ·Is it your opinion that any coach that was 21· ·stated that to me.
22· ·on the field in the view of the cameras could have 22· · · · Q.· ·And that includes Coach Doyle's never said
23· ·heard the comments that Brian Ferentz made? 23· ·that or words like that to you personally; correct?
24· · · · A.· ·That's correct. 24· · · · A.· ·Calling me a dumbass black player?
25· · · · Q.· ·It's your testimony that it got silent 25· · · · Q.· ·Yeah.· Mr. -- Coach Doyle has never called

Doyle Appx. 310
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Page 222 Page 224
·1· ·you a dumbass black player; correct? ·1· · · · · ·WADLEY, ET AL. V. UNIVERSITY OF IOWA
·2· · · · · · · · · · ·JONATHAN PARKER
·2· · · · A.· ·Not that I can recall.
·3· · · · · · · · · · · · ·3/29/22
·3· · · · · · ·MR. STONE:· All right.· Why don't we take ·4· · · · · · · · · ·WITNESS ERRATA SHEET
·4· ·a couple minutes, and we'll visit in the break room. ·5· ·Indicate changes you want to make below, including
·5· · · · · · ·THE VIDEOGRAPHER:· Off the record at · · ·page number, line number, the text as shown in the
·6· ·3:55 p.m.
·7· · · · · · ·(A brief recess was taken.) ·7· ·Smith to Smythe, incorrect spelling.
·8· · · · · · ·THE VIDEOGRAPHER:· On the record at ·8· ·Page· ·Line· ·Change what to what· · · Reason
·9· ·4:01 p.m. · · ·____________________________________________________
·9
10· · · · · · ·MR. STONE:· We have no further questions.
10
11· · · · · · ·MS. MATE-KODJO:· Same. 11
14 14
15
15 16
16 17· ·I have read my examination under oath and have noted
18 18· ·dated this ____ day of _________, 2022.
19
19
· · ·_____________________
21 21
23· ·_________, 2022.
23
24
24 · · ·_____________________
Page 223
·1· · · · · · · · · C E R T I F I C A T E
21· ·action.
22· · · · Dated this 12th day of April 2022.
23
· · · · · · · · · · · · · ·____________________________
25

Doyle Appx. 311

· · · · · · · · · SOUTHERN DISTRICT OF IOWA
·3
·4· ·- - - - - - - - - - - - - - -
· · ·AKRUM WADLEY; JONATHAN· · · ·:
·5· ·PARKER; MARCEL JOLY; AARON· ·:
· · ·MENDS; DARIAN COOPER; BRANDON:
·6· ·SIMON; and JAVON FOY,· · · · :
· · · · · · · · · · · · · · · · · :
·7· · · · · ·Plaintiffs,· · · · · :
· · · · · · · · · · · · · · · · · :
·8· ·vs.· · · · · · · · · · · · · : Case No. 4:20-cv-00366
· · · · · · · · · · · · · · · · · :
·9· ·UNIVERSITY OF IOWA, BOARD OF :
· · ·REGENTS FOR THE STATE OF· · ·:
10· ·IOWA; BRIAN FERENTZ; and· · ·:
· · ·CHRISTOPHER DOYLE,· · · · · ·:
11· · · · · · · · · · · · · · · · :
· · · · · · ·Defendants.· · · · · :
12· ·- - - - - - - - - - - - - - -
13
14
15· · · ·VIDEO-RECORDED DEPOSITION OF AKRUM WADLEY,
16· ·taken via Zoom by the Defendants, before Sonya M.
17· ·Wright, Certified Shorthand Reporter of the State of
18· ·Iowa, commencing at 9:00 a.m., Wednesday, May 18,
19· ·2022.
20
21
22
23
24
25· · · SONYA M. WRIGHT - CERTIFIED SHORTHAND REPORTER

Doyle Appx. 312
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AKRUM WADLEY· 05/18/2022 Pages 2..5
Page 2 Page 4
·1· · · · · · · · · · · ·APPEARANCES ·1· · · · · · · · · · TABLE OF CONTENTS
·2· ·For the Plaintiffs: ·2· ·WITNESS:· AKRUM WADLEY· · · · · · · · · · · · · PAGE
· · ·(Appearing via Zoom) ·3· ·Examination By Mr. Stone ..........................6
·3 ·4· ·Examination By Mr. Solomon-Simmons ..............213
· · · · · BEATRIZ MATE-KODJO, ESQ. ·5· ·EXHIBITS· · · · · · · · · · · · · · · · · PAGE FIRST
·4· · · · BMK Law Firm, PLLC · · · · · · · · · · · · · · · · · · · · · · · ·REFERENCED
· · · · · 1910 Washington Street, Suite 100 ·6
·5· · · · Pella, Iowa· 50219 ·7· ·45 - Wadley Answers to Interrogatories, 24 pages .42
·6· · · · DAMARIO SOLOMON-SIMMONS, ESQ. ·8· ·46 - 6/29/20 post, 4 pages ......................199
· · · · · KYMBERLI HECKENKEMPER, ESQ. ·9· ·47 - 12/13/17 "Ferentz talks Pinstripe Bowl,"· ..198
·7· · · · Solomon-Simmons Law · · · · · 4 pages
· · · · · 601 South Boulder Avenue, Suite 600-A 10
·8· · · · Tulsa, Oklahoma· 74119 · · ·48 - Video clip ..................................54
·9· ·For Defendants Ferentz and University of Iowa: 11
· · ·(Appearing via Zoom) · · ·49 - Video clip ..................................62
10 12
· · · · · ROGER W. STONE, ESQ. · · ·51 - Video clip ..................................57
11· · · · KATIE NARVESON, ESQ. 13
· · · · · Simmons, Perrine, Moyer, Bergman, PLC
· · ·52 - Video clip ..................................59
12· · · · 115 Third Street SE, Suite 1200
· · · · · Cedar Rapids, Iowa· 52401
14
13 · · ·59 - 1/1/18 tweet ................................65
· · ·For Defendants: 15
14 · · ·62 - The Hawk Eye Bohenkamp Article 11/14/17 .....67
· · · · · JEFFREY C. PETERZALEK, ESQ. 16
15· · · · CHRISTOPHER DEIST, ESQ. · · ·REPORTER'S NOTE:
· · · · · Office of the Attorney General 17
16· · · · Assistant Attorney General · · ·Original exhibits marked and distributed
· · · · · Hoover State Office Building, Second Floor 18· ·electronically.· Exhibits 48, 49, 51, 52 are video
17· · · · 1305 East Walnut Street, Second Floor · · ·files and are not attached.
· · · · · Des Moines, Iowa 50319 19
18 · · ·Quoted text is as stated by the speaker
19· ·Videographer: 20· ·[phn] indicates a phonetic spelling
20· · · · AMY COOPER, Fidelity Video Services, Inc. · · ·[sic] indicates the text is as stated
21 21
22 22
23 23
24 24
25 25
Page 3 Page 5
·1· · · · · · · · ·APPEARANCES (continued) ·1· · · · · · ·VIDEOGRAPHER:· Today's date is May 18th,
·2· ·Also present: ·2· ·2022, and the approximate time is 9:02 a.m. Central
· · ·(via Zoom) ·3· ·Time.· This begins the video deposition of Akrum
·3 ·4· ·Wadley requested by the defense in the matter of
·4· · · · Darian Cooper, Plaintiff
·5· ·Akrum Wadley, et al., plaintiffs, versus University
· · · · · Jonathan Parker, Plaintiff
·5· · · · Marcel Joly, Plaintiff ·6· ·of Iowa, et al., defendants, in the United States
· · · · · Kirk Ferentz, University representative ·7· ·District Court for the Southern District of Iowa,
·6· · · · Christopher Doyle, Defendant ·8· ·Central Division, Case Number 4:20-cv-00366.
·7 ·9· · · · · · ·This deposition is being held via Zoom
·8 10· ·videoconference in remote locations.· My name is Amy
·9 11· ·Cooper, certified legal videographer of Fidelity
10 12· ·Video Services, Incorporated, West Des Moines, Iowa.
11
13· ·Counsel will please identify themselves for the
12
14· ·record.
13
14 15· · · · · · ·MR. STONE:· Roger Stone for the
15 16· ·defendants.
16 17· · · · · · ·MR. SOLOMON-SIMMONS:· Damario
17 18· ·Solomon-Simmons for the plaintiff.
18 19· · · · · · ·VIDEOGRAPHER:· All right.· The oath will
19 20· ·now be administered by Sonya Wright, certified
20 21· ·shorthand reporter of Susan Frye Court Reporting,
21
22· ·Des Moines, Iowa.
22
23 23· · · · · · ·COURT REPORTER:· Would you raise your
24 24· ·right hand, please.· Do you solemnly swear or affirm
25 25· ·that the testimony you're about to give will be the

Doyle Appx. 313
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Page 6 Page 8
·1· ·truth, the whole truth, and nothing but the truth? ·1· ·between Seth Wallace and any members of any NFL
·2· · · · · · ·THE WITNESS:· Yes. ·2· ·coaching staffs?
·3· · · · · · · · · · · AKRUM WADLEY, ·3· · · · A.· ·No.
·4· ·called as a witness, having been first duly sworn, ·4· · · · Q.· ·What is the source of any information you
·5· ·testified under oath as follows: ·5· ·have about anything Seth Wallace may have said to
·6· · · · · · · · · · · ·EXAMINATION ·6· ·any NFL coaching staff?
·7· ·BY MR. STONE: ·7· · · · A.· ·I don't have any source.
·8· · · · Q.· ·Good morning, Mr. Wadley. ·8· · · · Q.· ·Do you have any information that Seth
·9· · · · A.· ·Good morning. ·9· ·Wallace said anything to NFL coaching staffs about
10· · · · Q.· ·Did you overhear any conversations between 10· ·you?
11· ·Brian Ferentz and members of NFL coaching staffs 11· · · · A.· ·No.
12· ·about you? 12· · · · Q.· ·Do you have information that anyone on the
13· · · · A.· ·No. 13· ·Iowa coaching staff said anything to NFL coaching
14· · · · Q.· ·Have you seen any written communications 14· ·staffs about you?
15· ·from Brian Ferentz to NFL coaching staffs about you? 15· · · · A.· ·No.
16· · · · A.· ·No. 16· · · · Q.· ·Do you have any written communications
17· · · · Q.· ·What, if any, is the source of any 17· ·that anyone from the Iowa coaching staff said
18· ·information you have about what Brian Ferentz may 18· ·anything to an NFL coaching staff in writing about
19· ·have said to NFL coaching staffs about you? 19· ·you?
20· · · · A.· ·Can you repeat the question? 20· · · · A.· ·Can you repeat that question?
21· · · · Q.· ·Yes.· What is the source of any 21· · · · Q.· ·Yes.· Do you have any information about
22· ·information that you may have about what Brian 22· ·any writings or emails or documents that any member
23· ·Ferentz may have said to NFL coaching staffs about 23· ·of the NFL -- that any member of the Iowa coaching
24· ·you? 24· ·staff said or gave to any member of an NFL coaching
25· · · · A.· ·I have no source of information. 25· ·staff?
Page 7 Page 9
·1· · · · Q.· ·Do you know whether Brian Ferentz said ·1· · · · A.· ·No.
·2· ·anything to NFL coaching staffs that tarnished your ·2· · · · Q.· ·Did the Iowa coaching staff, if you know,
·3· ·reputation or disparaged you in any way? ·3· ·tarnish your reputation with the NFL in any way?
·4· · · · A.· ·No. ·4· · · · A.· ·Can you repeat that question?
·5· · · · Q.· ·I want to ask you the same questions about ·5· · · · Q.· ·Yes.· Did the Iowa coaching staff tarnish
·6· ·Coach Chris Doyle.· Did you hear any conversations ·6· ·your reputation with the NFL coaching staffs in any
·7· ·between Coach Chris Doyle and NFL coaching staffs? ·7· ·way?
·8· · · · A.· ·No. ·8· · · · A.· ·Can you repeat that question again?
·9· · · · Q.· ·Did you see any written communications ·9· · · · Q.· ·Yes.
10· ·between Chris Doyle and any NFL coaching staffs? 10· · · · A.· ·I'm trying to figure out -- I'm not
11· · · · A.· ·No. 11· ·understanding what you're saying.· Do I have --
12· · · · Q.· ·What, if any, is the source of information 12· · · · Q.· ·That's okay.· If at any time you don't
13· ·that you have about Chris Doyle's communications 13· ·hear me or you don't get what I'm asking, just
14· ·with any NFL coaching staffs about you? 14· ·please, as you've done, ask me to repeat the
15· · · · A.· ·No.· None.· I have no source. 15· ·question or rephrase it and I'll be happy to do
16· · · · Q.· ·Do you have any information that Coach 16· ·that, Mr. Wadley.
17· ·Chris Doyle said anything to any NFL coaching staffs 17· · · · A.· ·Yes.· Can you rephrase that question?
18· ·about you? 18· · · · Q.· ·Yes.· My question is whether you have any
19· · · · A.· ·No. 19· ·information that the Iowa coaching staff said
20· · · · Q.· ·The same questions with respect to Seth 20· ·anything to any NFL coaching staffs about you, if
21· ·Wallace.· Did you hear any conversations between 21· ·you know.
22· ·Seth Wallace and any member of the NFL coaching 22· · · · A.· ·No.
23· ·staff? 23· · · · Q.· ·By your answer, I assume you don't know of
24· · · · A.· ·No. 24· ·any such communications.· Is that fair to say?
25· · · · Q.· ·Do you have any written communications 25· · · · A.· ·Yes.

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Page 10 Page 12
·1· · · · Q.· ·When you entered the NFL draft, that was ·1· · · · Q.· ·Yes.· Did anyone, a sponsor or someone
·2· ·in the spring of 2018, correct? ·2· ·associated with the NFL or your agent, promise you
·3· · · · A.· ·Yes. ·3· ·that you would get endorsements if you were drafted?
·4· · · · Q.· ·Did you consider that you would be a ·4· · · · A.· ·Yes.· They promised me that if I performed
·5· ·third-round pick? ·5· ·well in the combine and I run a fast time in the 40,
·6· · · · A.· ·Can you -- I mean, can you ask that ·6· ·then it would be like probably Nike or Adidas that
·7· ·question again? ·7· ·would reach out.· Yes.
·8· · · · Q.· ·Yes.· Was there a time before the NFL ·8· · · · Q.· ·It was a prospect or a hope?· Is that fair
·9· ·draft that you considered that you would be a ·9· ·to say?
10· ·third-round pick in the NFL draft? 10· · · · A.· ·That's fair to say.
11· · · · A.· ·That I considered that I would be a 11· · · · Q.· ·And it was dependent upon you being
12· ·third-round pick in the NFL draft when I came up? 12· ·drafted before you would get endorsements?· If you
13· · · · Q.· ·Yes. 13· ·were an undrafted free agent, you probably wouldn't
14· · · · A.· ·I was hoping to be a high pick in the 14· ·get endorsements until you made the team?· Is that
15· ·draft.· I didn't say -- I wouldn't say third round 15· ·fair to say?
16· ·in particular, but, you know, I prayed that I'd be a 16· · · · A.· ·That's fair to say.
17· ·high pick. 17· · · · Q.· ·Who communicated that to you, the --
18· · · · Q.· ·Did your prospects go down after the NFL 18· · · · A.· ·My agent.· My agent.
19· ·combine, if you know, Mr. Wadley? 19· · · · Q.· ·And what was your agent's name?
20· · · · A.· ·Can you ask that question again? 20· · · · A.· ·One second.· My agent's name was Bus Cook.
21· · · · Q.· ·Yes.· Did your performance in the NFL 21· · · · Q.· ·Did anyone from the Iowa coaching staff
22· ·combine -- did it cause your chances or prospects of 22· ·promise you anything if you were drafted?
23· ·being drafted to diminish in any way? 23· · · · A.· ·No.
24· · · · A.· ·I don't -- I don't understand what you're 24· · · · Q.· ·In your own words, Mr. Wadley, can you
25· ·asking.· I don't -- can you rephrase the question? 25· ·tell us why you think you were not drafted?
Page 11 Page 13
·1· · · · Q.· ·Yes, I can.· You participated in the NFL ·1· · · · A.· ·In my own words, can I tell you why -- can
·2· ·combine, correct? ·2· ·you ask that question again?
·3· · · · A.· ·Yes. ·3· · · · Q.· ·Yeah.
·4· · · · Q.· ·Did you perform as you expected you would ·4· · · · A.· ·Can you rephrase the question?
·5· ·or did you not perform as you hoped you would? ·5· · · · Q.· ·Yes.· Why do you think you were not
·6· · · · A.· ·I feel like I did pretty good at the ·6· ·drafted by one of the NFL teams in the spring of
·7· ·combine. ·7· ·2018?
·8· · · · · · ·(Jonathan Parker joined the deposition.) ·8· · · · A.· ·I don't know.· I don't know.· I put in the
·9· · · · Q.· ·Did your prospects with NFL teams diminish ·9· ·work, I prayed, and, you know, just didn't get
10· ·after the combine? 10· ·drafted.· No specific reason.
11· · · · A.· ·I wouldn't know.· I don't think so. 11· · · · Q.· ·Were you considered underweight by NFL
12· · · · Q.· ·I believe you indicated that you were 12· ·coaching staffs, if you know?
13· ·promised endorsements from the NFL advertisers or 13· · · · A.· ·I spoke -- when I was at the Senior Bowl,
14· ·sponsors or someone if you were drafted; is that 14· ·I spoke to a handful of coaches.· Some of them -- a
15· ·correct? 15· ·lot of them didn't speak about my weight.· Some of
16· · · · A.· ·Can you rephrase that question? 16· ·them did.· Some of them didn't.
17· · · · Q.· ·Yeah.· Did you believe or have reason to 17· · · · Q.· ·Were there concerns about fumbling or ball
18· ·believe that you would receive endorsements or an 18· ·security associated with you at the time of the
19· ·opportunity to endorse products for money if you 19· ·draft, if you know?
20· ·were drafted by an NFL team? 20· · · · A.· ·I don't know.· No.
21· · · · A.· ·Yes. 21· · · · Q.· ·Do you know who was drafted from the
22· · · · Q.· ·Did someone make promises to you that you 22· ·Big Ten the year that you were in the NFL draft, as
23· ·would receive such endorsements if you were drafted? 23· ·running backs?
24· · · · A.· ·Promises?· Can you, like, answer that -- 24· · · · A.· ·No.
25· ·ask that question again?· Promises like what? 25· · · · Q.· ·I'm only concerned about running backs.

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·1· · · · A.· ·I don't recall. ·1· ·free agent, did you, Mr. Wadley?
·2· · · · Q.· ·You remember Saquon Barkley, of course? ·2· · · · A.· ·No.
·3· · · · A.· ·Yes, I do. ·3· · · · Q.· ·Why not?
·4· · · · Q.· ·He was very highly drafted, correct? ·4· · · · A.· ·I got hurt --
·5· · · · A.· ·Yes. ·5· · · · Q.· ·At that time --
·6· · · · Q.· ·And are you familiar with Justin Jackson ·6· · · · A.· ·-- during camp --
·7· ·from Northwestern? ·7· · · · Q.· ·I'm sorry.· I didn't mean to interrupt
·8· · · · A.· ·Yes. ·8· ·you.· Go ahead and finish, please.
·9· · · · Q.· ·He was also drafted, correct? ·9· · · · A.· ·I got hurt during the preseason.
10· · · · A.· ·I'm not sure if he was drafted.· I didn't 10· · · · Q.· ·Were you able to compete in the final,
11· ·see him go. 11· ·fourth, preseason game or were you injured?
12· · · · Q.· ·Was Justin Jackson the second-team all 12· · · · A.· ·I was able to compete, yes.· I was still
13· ·Big Ten the year that you -- 13· ·injured, but I competed.
14· · · · A.· ·I don't know what -- I have no idea. 14· · · · Q.· ·Did you receive a payment as an undrafted
15· · · · Q.· ·Were you third-team all Big Ten? 15· ·free agent for your time that you were with the
16· · · · A.· ·Yes. 16· ·Tennessee Titans?
17· · · · Q.· ·Did you expect to be drafted ahead of 17· · · · A.· ·Did I receive a payment?
18· ·Justin Jackson at the time, if you recall, in 2018? 18· · · · Q.· ·Did you receive compensation for the time
19· · · · A.· ·Can you rephrase that question?· Can you 19· ·that you did spend with the Tennessee Titans?
20· ·ask that question again? 20· · · · A.· ·As far as -- what you mean?
21· · · · Q.· ·Yes.· When you thought about the draft in 21· · · · Q.· ·Did you receive $15,000, if you can
22· ·2018, if you can recall, did you believe you would 22· ·recall, for the time that you were with the
23· ·be drafted ahead of Justin Jackson? 23· ·Tennessee Titans?
24· · · · A.· ·I put the work in, I prayed, and wanted to 24· · · · A.· ·Yes.
25· ·just go as high as -- you know, as high as I can go. 25· · · · Q.· ·After the Titans released you, did you
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·1· ·I didn't think about Justin Jackson at all during ·1· ·then seek to compete with the Atlanta Legends?
·2· ·the draft process. ·2· · · · A.· ·Yes.
·3· · · · Q.· ·Do you happen to know whether any of the ·3· · · · Q.· ·And was that in the year 2019?
·4· ·running backs that were drafted in 2018 came from ·4· · · · A.· ·Yes.
·5· ·schools that recruited you out of high school?· Do ·5· · · · Q.· ·And that's a team with the Alliance of
·6· ·you know whether that's true? ·6· ·American Football; is that correct?
·7· · · · A.· ·Can you ask that question again? ·7· · · · A.· ·Yes.
·8· · · · Q.· ·Yeah.· I mean, there were running backs ·8· · · · Q.· ·Did you start on the Atlanta Legends?
·9· ·drafted in the 2018 NFL draft, and my question is ·9· · · · A.· ·At first I didn't.· Then I did.· Then I
10· ·whether you know if any of those running backs came 10· ·did start.
11· ·from colleges that had attempted to recruit you at 11· · · · Q.· ·Were you on the injured reserve for the
12· ·any time when you were coming out of high school. 12· ·Atlanta Legends?
13· · · · A.· ·I don't know.· I don't know the answer to 13· · · · A.· ·Yes.
14· ·that question. 14· · · · Q.· ·Did you play in any game that was a
15· · · · Q.· ·And then you were an undrafted free agent 15· ·competition?
16· ·with the Tennessee Titans, correct? 16· · · · A.· ·Yes.
17· · · · A.· ·Yes. 17· · · · Q.· ·Did you make money with the Atlanta
18· · · · Q.· ·Head coach was Mike Vrabel? 18· ·Legends?
19· · · · A.· ·Yes. 19· · · · A.· ·Yes.
20· · · · Q.· ·General manager was John Robinson? 20· · · · Q.· ·Were you subsequently released by the
21· · · · A.· ·Yes. 21· ·Atlanta Legends?
22· · · · Q.· ·And Chic Ejiasi was on the staff; is that 22· · · · A.· ·No.
23· ·correct? 23· · · · Q.· ·What happened?
24· · · · A.· ·Yes. 24· · · · A.· ·The league folded.
25· · · · Q.· ·You did not make the team as an undrafted 25· · · · Q.· ·Did you then go to the Houston Roughnecks?

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·1· · · · A.· ·Yes. ·1· ·coaches in person.
·2· · · · Q.· ·And were you with the Roughnecks for ·2· · · · Q.· ·Are you currently with any team?
·3· ·approximately two months, from November 2019 to ·3· · · · A.· ·I'm a free agent.
·4· ·January of 2020? ·4· · · · Q.· ·A free agent.· What does that mean to you,
·5· · · · A.· ·Can you ask that question again or can you ·5· ·Mr. Wadley?· Can you tell me what that means?
·6· ·go over the dates? ·6· · · · A.· ·It means that I'm unemployed until I sign
·7· · · · Q.· ·Yeah.· I'm just trying to get the time ·7· ·a contract or find a job.
·8· ·frame of when you were with the Houston Roughnecks. ·8· · · · Q.· ·I want to change subjects.· Just a couple
·9· ·Do you recall that was approximately November 2019 ·9· ·preliminaries, Mr. Wadley.· Have you had your
10· ·to January 2020? 10· ·deposition taken before?
11· · · · A.· ·Yes. 11· · · · A.· ·I believe so.
12· · · · Q.· ·Was that an XFL league team? 12· · · · Q.· ·Do you know in connection with what matter
13· · · · A.· ·Yes. 13· ·your deposition was taken?
14· · · · Q.· ·Were you released from that team? 14· · · · A.· ·I went -- I was in Zoom court with -- with
15· · · · A.· ·Yes. 15· ·the XFL.· I had a lawyer for the XFL.· We was in
16· · · · Q.· ·And were you released before the season 16· ·court, I believe, so ...
17· ·began? 17· · · · Q.· ·Was it actual testimony to a judge or was
18· · · · A.· ·Yes. 18· ·it like today, where there was a court reporter and
19· · · · Q.· ·Did you make any money with the Houston 19· ·no judge and they were taking down your testimony?
20· ·Roughnecks? 20· · · · A.· ·It was myself, my lawyer, and there was
21· · · · A.· ·Yes. 21· ·the judge and then a lawyer from the XFL, I believe,
22· · · · Q.· ·Do you recall about how much? 22· ·or the insurance.
23· · · · A.· ·No. 23· · · · Q.· ·And was it with respect to treatment or
24· · · · Q.· ·Why were you released from the Houston 24· ·compensation for medical treatment --
25· ·Roughnecks, if you know, Mr. Wadley? 25· · · · A.· ·It was --
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·1· · · · A.· ·I had some broken -- I had a broken -- had ·1· · · · Q.· ·-- of an injury?
·2· ·some -- two loose bodies floating in my left knee, ·2· · · · A.· ·Yes.· It was both.
·3· ·and, you know, it caused it to really swell up, and ·3· · · · · · ·MR. SOLOMON-SIMMONS:· Akrum, just for the
·4· ·I had fractured my knee during mini camp. ·4· ·record, let him finish his question and then you
·5· · · · Q.· ·Did -- were you treated by a medical ·5· ·answer the question so we have a clean record.
·6· ·doctor? ·6· · · · · · ·THE WITNESS:· Okay.
·7· · · · A.· ·Yes. ·7· · · · Q.· ·(By Mr. Stone) Thank you.
·8· · · · Q.· ·Did he tell you what the diagnosis was? ·8· · · · · · ·Was there a resolution to that matter with
·9· ·Was there a name for it, that you can recall? ·9· ·the XFL, Mr. Wadley?
10· · · · A.· ·No. 10· · · · A.· ·Yes.
11· · · · Q.· ·Did you next then move on to the 11· · · · Q.· ·What was the resolution?· How did it come
12· ·Massachusetts Pirates? 12· ·out?
13· · · · A.· ·Yes and no, because I did sign a contract, 13· · · · A.· ·We -- they ruled that I was hurt during
14· ·but I never actually went out there.· I actually 14· ·that time period, and they awarded me the money that
15· ·never stepped foot in Massachusetts. 15· ·was owed to me throughout the time I missed and they
16· · · · Q.· ·And the Massachusetts Pirates is a 16· ·set me up with physical therapy.
17· ·national arena league team; is that correct? 17· · · · Q.· ·Do you recall --
18· · · · A.· ·Yes. 18· · · · A.· ·And my injury -- they took care of my
19· · · · Q.· ·And they play, like, the -- teams like the 19· ·injury, so I got surgery.
20· ·Iowa Barnstormers; is that right? 20· · · · Q.· ·So you got reimbursement or payment of
21· · · · A.· ·I'm not sure.· I haven't heard of the 21· ·medical expenses in connection with an injury you
22· ·Iowa -- I ain't heard of them. 22· ·suffered in the XFL; is that correct?
23· · · · Q.· ·Were you released from the team? 23· · · · A.· ·Yes.
24· · · · A.· ·I never stepped foot in Massachusetts. I 24· · · · Q.· ·And then, additionally, you received
25· ·never -- I never played.· I never met any of the 25· ·backpay or back compensation for the time that you

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·1· ·couldn't participate in the XFL because you were ·1· · · · A.· ·Can you ask that one more time?
·2· ·injured? ·2· · · · Q.· ·Sure.· If you answer one of my questions,
·3· · · · A.· ·Yes. ·3· ·Mr. Wadley, I'm going to assume that you heard my
·4· · · · Q.· ·What was that amount of backpay or ·4· ·question and that you understood my question.· Is
·5· ·compensation you received, if you can recall? ·5· ·that fair?
·6· · · · A.· ·I don't recall. ·6· · · · A.· ·Yes.
·7· · · · Q.· ·Any other times you've had your deposition ·7· · · · Q.· ·If you'd like to take a break at any time,
·8· ·taken, Mr. Wadley? ·8· ·Mr. Wadley, you're free to do that.· All I ask is
·9· · · · A.· ·No. ·9· ·that you finish your answer first before we take a
10· · · · Q.· ·Who was the lawyer for the XFL, if you can 10· ·break.· And we'll take a break every hour or every
11· ·recall? 11· ·75 minutes or 90 minutes, something like that, but
12· · · · A.· ·My lawyer for the X -- my lawyer or -- 12· ·if you want to take a break before we get to that
13· · · · Q.· ·Well, I want to ask you your lawyer too, 13· ·time frame, please just tell us, and we'll take a
14· ·but if you can tell me who the lawyers were or any 14· ·break, okay?
15· ·one of the lawyers and which party they represented, 15· · · · A.· ·Okay.
16· ·I'd appreciate that. 16· · · · Q.· ·I want to ask you about meal cards.· Did
17· · · · A.· ·I don't know.· I don't remember their 17· ·you have a meeting with Kirk Ferentz about your
18· ·names. 18· ·weight --
19· · · · Q.· ·You don't remember your lawyer or the 19· · · · A.· ·Yes.
20· ·XFL's lawyer? 20· · · · Q.· ·-- and --
21· · · · A.· ·No.· I remember my lawyer but not the XFL 21· · · · A.· ·Sorry.· I didn't know you was finished. I
22· ·lawyer. 22· ·thought you was done.
23· · · · Q.· ·Okay.· And what was your lawyer's name? 23· · · · Q.· ·No.· That's fine.· How many times did you
24· · · · A.· ·My lawyer's name was Michael Spring. 24· ·meet with Kirk Ferentz about your weight, if you can
25· · · · Q.· ·Where's Mr. Spring from? 25· ·recall?
Page 23 Page 25
·1· · · · A.· ·I'm not sure where he's from, but I know ·1· · · · A.· ·I don't recall the exact number.· It was
·2· ·that -- I don't know where he's from.· I can't tell ·2· ·numerous times.
·3· ·you that. ·3· · · · Q.· ·It was an issue from the time that you
·4· · · · Q.· ·Did you ever go to his office personally? ·4· ·came to Iowa, basically, until later?· Is that fair?
·5· · · · A.· ·No. ·5· · · · A.· ·Can you ask that again?
·6· · · · Q.· ·You played for the Houston Roughnecks in ·6· · · · Q.· ·Yeah.· You arrived at Iowa in what year?
·7· ·the XFL.· Was Mr. Spring also from Houston, if you ·7· ·2013?
·8· ·know? ·8· · · · A.· ·Yes.
·9· · · · A.· ·I don't know. ·9· · · · Q.· ·Was your weight an issue beginning in 2013
10· · · · Q.· ·Do you remember Mr. Spring's first name? 10· ·or did it arise some later year?
11· · · · A.· ·Michael. 11· · · · A.· ·As soon as I got there.
12· · · · Q.· ·If during today's deposition, Mr. Wadley, 12· · · · Q.· ·Do you recall a specific meeting where you
13· ·you don't hear me or if you don't understand a 13· ·say Kirk Ferentz took away your meal card?
14· ·question, will you please stop me and ask me to 14· · · · A.· ·Can you ask that again?
15· ·repeat it or restate it?· Will you do that, please? 15· · · · Q.· ·Yes.· Do you recall a specific meeting
16· · · · A.· ·Yes. 16· ·with you and Kirk Ferentz where you say Kirk Ferentz
17· · · · Q.· ·I'm going to assume if you answer a 17· ·took away your meal card?
18· ·question that I ask, it's to a question that you 18· · · · A.· ·Do I recall?· No.
19· ·both heard and understood.· Is that a fair ground 19· · · · Q.· ·I'm sorry.· I just didn't hear you,
20· ·rule for today? 20· ·Mr. Wadley.· Can you repeat your answer?
21· · · · A.· ·Can you repeat that question? 21· · · · A.· ·I said do I recall the date of the
22· · · · Q.· ·Yes.· If you answer one of the questions I 22· ·specific meeting where Kirk Ferentz took away my
23· ·ask, I'm going to assume that you both heard me and 23· ·meal card?
24· ·understood the question.· Is that a fair ground rule 24· · · · Q.· ·Well, if you recall the date, fine.· If
25· ·for today's proceedings? 25· ·you just -- do you recall such a meeting, first?

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·1· · · · A.· ·I recall meeting with Kirk Ferentz, but it ·1· · · · A.· ·He didn't threaten not to have, no.· No.
·2· ·wasn't for him to -- I didn't know that he actually ·2· · · · Q.· ·What is it that you say happened at that
·3· ·had taken my meal card at the time.· We didn't -- we ·3· ·meeting about your black card?· Can you tell me in
·4· ·was meeting about weight.· He threatened to take my ·4· ·your own words?
·5· ·meal card. ·5· · · · A.· ·Well, he didn't mention anything about a
·6· · · · Q.· ·Did he actually take your meal card or do ·6· ·black card at the meeting.· At the meeting, he
·7· ·you recall? ·7· ·threatened to not let me eat, said, "What if I just
·8· · · · A.· ·Yes.· I recall. ·8· ·took away your meal privileges?"
·9· · · · Q.· ·Do you know when that took place in terms ·9· · · · Q.· ·And you understood that to mean --
10· ·of what year?· Was it your freshman year, your 10· · · · A.· ·He didn't specifically say "black card."
11· ·sophomore year?· Do you recall? 11· · · · Q.· ·And you understood that to mean not be
12· · · · A.· ·I know it wasn't my freshman.· No, I don't 12· ·able to eat at the training table and not have
13· ·recall.· No. 13· ·access to the training table?
14· · · · Q.· ·Was there a time when you no longer needed 14· · · · A.· ·Can you repeat that question?
15· ·a meal card in order to get meals? 15· · · · Q.· ·Yeah.· What was it that he was, in your
16· · · · A.· ·No. 16· ·view, threatening to take away from you?· What
17· · · · Q.· ·You always needed a meal card at Iowa? 17· ·privilege or what part of your food was he taking
18· · · · A.· ·Not always.· A lot of times, we didn't use 18· ·away?· Can you tell me?
19· ·the meal card.· We was checking in at training 19· · · · A.· ·I remember him saying -- he didn't say
20· ·tables so we ate at the facility.· We needed the 20· ·"black card."· He said "meal privileges."· So that
21· ·meal cards, which is the black cards, on the 21· ·could have meant black card.· That could have meant
22· ·weekends when they didn't provide a meal for the 22· ·facility food.· Any -- you know, because he's in
23· ·team. 23· ·charge of everything, so when he says "meal
24· · · · Q.· ·So when you were talking about a meal 24· ·privileges," it was meals.· Team-issued meals.
25· ·card, you were talking about the black card that was 25· ·That's -- you know.
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·1· ·redeemable at various restaurants around Iowa City? ·1· · · · Q.· ·And what is it that he specifically said
·2· · · · A.· ·Yes. ·2· ·to you about meals, if you can recall, in that
·3· · · · Q.· ·And how did you earn a black card in the ·3· ·meeting?
·4· ·Iowa program? ·4· · · · A.· ·In that meeting, he said that "You're not
·5· · · · A.· ·It's for the team.· Anyone I believe ·5· ·making weight, and it's like you --" he did this
·6· ·that's on scholarship, they, you know, hook them up ·6· ·[indicating].· He looked at me.· He sat back in his
·7· ·with the app, and that's what the meal ticket is. ·7· ·chair, leaned back in his chair, and he said, "It's
·8· ·The meal card is.· Yeah. ·8· ·like you're doing this [indicating] to the football
·9· · · · Q.· ·Is it an actual plastic card, like a ·9· ·team.· You don't eat with your teammates and you're
10· ·credit card? 10· ·not gaining weight."
11· · · · A.· ·No. 11· · · · · · ·And he goes -- I interrupted the
12· · · · Q.· ·You would go to a restaurant and charge a 12· ·conversation and said, "Well, I'm definitely not
13· ·meal, and then the football program would pay for 13· ·saying that."· He said, "This is what you're saying.
14· ·the meal? 14· ·Even if you're not saying it, this is what you're
15· · · · A.· ·Well, it was an app they had, they had all 15· ·saying."· He was, like, "How about I take away your
16· ·the players download, and when you go into a 16· ·meal privileges?· How about I not let you eat?· How
17· ·restaurant, they scan the app when you tell them 17· ·about, you know, I take away your meal privileges?"
18· ·what you wanted.· You just can't go past a certain 18· · · · · · ·And then I said, "You know, if you take
19· ·amount of money. 19· ·away my meal privileges, I'm definitely not going to
20· · · · Q.· ·Is that usually $20? 20· ·be able to make weight."· And he's, like, "Well,
21· · · · A.· ·Sometimes.· Sometimes it's 15.· Sometimes 21· ·it's like you're saying this to us anyways
22· ·it's $20, I believe. 22· ·[indicating]."
23· · · · Q.· ·And your recollection is that Kirk Ferentz 23· · · · · · ·MR. SOLOMON-SIMMONS:· Akrum --
24· ·threatened to not let you have a black card for the 24· · · · Q.· ·(By Mr. Stone) What was the resolution --
25· ·weekends? 25· ·I'm sorry.· Did you have something?

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·1· · · · · · ·MR. SOLOMON-SIMMONS:· Akrum, for the ·1· ·meeting we had and he said that he would revoke my
·2· ·record, you have to articulate what you're saying ·2· ·meal privileges, I go to Pita Pit with a teammate of
·3· ·for the court reporter to transcribe it.· She can't ·3· ·mine.· We'd both been eating from the black card for
·4· ·transcribe that you're just showing a hand gesture. ·4· ·weeks, and his card -- his meal card swipes, goes
·5· · · · A.· ·Oh.· Well, when he stuck his middle ·5· ·through, and mine failed numerous of times.
·6· ·fingers up, it's like he was saying that I'm saying ·6· · · · Q.· ·And then after this one meal, you got a
·7· ·fuck the team, like I'm saying fuck the coaches, ·7· ·new black card number?
·8· ·fuck my teammates, and that's what he did.· That's ·8· · · · A.· ·Yes.· I had the -- I reached out -- I
·9· ·what it was.· That's what he said. ·9· ·reached out to -- I can't remember who exactly I
10· · · · Q.· ·(By Mr. Stone) He was upset that you 10· ·reached out to, but I had to walk into an office on
11· ·weren't gaining weight.· Is that fair to say? 11· ·one of the coaching staff floors, and they recreated
12· · · · A.· ·I don't know what he was upset about. 12· ·my whole profile or something like that or switched
13· · · · Q.· ·Did he think you were underweight at the 13· ·up some -- I don't know what they did, but I know
14· ·time of that meeting?· Is that a fair statement? 14· ·that they enabled it again.
15· · · · A.· ·Can you ask that again? 15· · · · Q.· ·Was that Mr. Paul Frederick or Mr. Ben
16· · · · Q.· ·Yeah.· Did you get words from Kirk Ferentz 16· ·Hansen that you communicated with?
17· ·that caused you to believe that he thought you were 17· · · · A.· ·I believe Ben Hansen.· Or Paul Frederick.
18· ·underweight or not making weight as he had expected 18· ·I don't recall the exact person, but it was someone
19· ·you to? 19· ·that was not a coach, and they handle that -- you
20· · · · A.· ·Can you ask that question again? 20· ·know, those type of things.
21· · · · Q.· ·Yes. 21· · · · Q.· ·And after you had missed one meal from not
22· · · · A.· ·Can you rephrase it? 22· ·being able to charge your black card, then things
23· · · · Q.· ·I will.· Did you understand that Kirk 23· ·were set back to where you could use your black card
24· ·Ferentz was wanting you to gain weight when he had 24· ·again?
25· ·this meeting with you in his office? 25· · · · A.· ·Yes.
Page 31 Page 33
·1· · · · A.· ·Yes. ·1· · · · Q.· ·Did this happen any other time of your
·2· · · · Q.· ·Was there any punishment?· Did he actually ·2· ·career, that you lost an opportunity to eat at the
·3· ·take away any meal privileges? ·3· ·training table or that you were denied a black card,
·4· · · · A.· ·Yes.· My meal card was taken. ·4· ·if you know?
·5· · · · Q.· ·For what period of time was your meal card ·5· · · · A.· ·No.
·6· ·taken? ·6· · · · Q.· ·Do you know that the NCAA changed the
·7· · · · A.· ·Can you -- what you mean by -- what period ·7· ·rules about what colleges could give for meals and
·8· ·are you referring to? ·8· ·snacks to football players during the time you were
·9· · · · Q.· ·How long?· How many meals or how many -- ·9· ·at Iowa?
10· ·how many meals did you miss? 10· · · · A.· ·Can you ask that question again?
11· · · · A.· ·I missed one meal. 11· · · · Q.· ·Yeah.· Do you recall that there was a
12· · · · Q.· ·And was that one meal at the training 12· ·change in the meal plan while you were a student at
13· ·table or was it one meal at a restaurant in Iowa 13· ·Iowa, where the NCAA allowed the colleges to provide
14· ·City or do you know? 14· ·more meals and unlimited snacks?
15· · · · A.· ·At a restaurant in downtown Iowa City. 15· · · · A.· ·I don't recall.
16· · · · Q.· ·You would have used the black card but you 16· · · · Q.· ·Did you also get a room and board check
17· ·didn't have any access to a black card?· Is that 17· ·each month?
18· ·fair to say? 18· · · · A.· ·Yes.
19· · · · A.· ·I had access to my black card.· It just 19· · · · Q.· ·As a scholarship player, did you receive
20· ·didn't go through. 20· ·about $1,800 a month for room and board?
21· · · · · · ·(Mr. Cooper joined the deposition.) 21· · · · A.· ·I don't recall the exact number.
22· · · · Q.· ·How do you know Kirk Ferentz had done 22· · · · Q.· ·Did you visit with a counselor or a
23· ·anything that caused your black card not to go 23· ·therapist provided by the University about your
24· ·through? 24· ·concerns about the suspension of your meal card or
25· · · · A.· ·Because after the meeting -- after the 25· ·your meeting with Kirk Ferentz about the meal card?

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·1· · · · A.· ·Can you rephrase that question? ·1· ·in, we sat down.· She welcomed me.· She told me some
·2· · · · Q.· ·Yes.· This item that we've been talking ·2· ·information about her.· I told her some background
·3· ·about, the black card not being accessible for one ·3· ·information about me.
·4· ·meal while you were a student, did you talk with ·4· · · · · · ·Just a long story short, we spoke about --
·5· ·that -- did you talk about that incident with a ·5· ·I mentioned to her my struggles early on about Iowa
·6· ·counselor or therapist provided by the University of ·6· ·when I first got there, with my grades, me adjusting
·7· ·Iowa? ·7· ·from Jersey, moving from New Jersey to Iowa.· We
·8· · · · A.· ·No. ·8· ·spoke about that.· We spoke about me having a kid.
·9· · · · Q.· ·Do you know when the meal card incident or ·9· · · · · · ·And we spoke about all the discrimination,
10· ·black card meal that you missed -- do you know what 10· ·everything that I was going through at Iowa when I
11· ·year that occurred? 11· ·was there.· I was trying to vent to her about, you
12· · · · A.· ·No. 12· ·know, some of my coaches without putting a name on
13· · · · Q.· ·It's fair to say, Mr. Wadley, that you 13· ·it.
14· ·became sort of a star on the football team at the 14· · · · Q.· ·I'm sorry.· I didn't hear the last thing
15· ·Northwestern game in 2015?· Is that fair to say? 15· ·you said, Mr. Wadley.· Can you --
16· · · · A.· ·Can you rephrase that question? 16· · · · A.· ·I was trying to vent to her about my
17· · · · Q.· ·Yeah.· I mean, you performed very well in 17· ·coaches that -- I didn't want to put a name to them.
18· ·the Northwestern game in 2015, correct, and you had 18· ·You know, I didn't put a name -- I didn't give a
19· ·over a hundred yards and you replaced both LeShun 19· ·name to her.· You know, I was speaking on my
20· ·Daniels and Jordan Canzeri, right? 20· ·coaches.· Coaches like Chris White and Kirk Ferentz
21· · · · A.· ·Yes. 21· ·and Chris Doyle.
22· · · · Q.· ·And what I'm trying to find out is if this 22· · · · Q.· ·You did not use specific names of coaches
23· ·meal card or black card incident where you missed a 23· ·when you were talking to the therapist or the
24· ·meal was before that Northwestern game in 2015 if 24· ·counselor?
25· ·you can tell me. 25· · · · A.· ·No.· I would say strength and conditioning
Page 35 Page 37
·1· · · · A.· ·I don't recall the date, the exact date. ·1· ·and I would say position coach.
·2· · · · Q.· ·I'm not asking the exact date.· I'm just ·2· · · · Q.· ·What specific complaints or incidents can
·3· ·trying to get an idea, to the best of your ·3· ·you recall telling the counselor about that you had
·4· ·recollection as you sit here, do you think it was ·4· ·experienced that you believed were either racist or
·5· ·before that important game or after, if you know? ·5· ·threats or harassment, if you can tell me?
·6· · · · A.· ·I don't remember the exact date. ·6· · · · A.· ·I didn't really provide specific incidents
·7· · · · Q.· ·Would you have any records of when it took ·7· ·to her.· I was just -- you know, just letting her
·8· ·place? ·8· ·know I spoke to my position coach, and when I spoke
·9· · · · A.· ·No. ·9· ·to Chris White, he would always tell me -- I would
10· · · · Q.· ·Now, I think you mentioned that you called 10· ·always come to her with like -- I would always come
11· ·your mom about it? 11· ·to him with complaints of anything that I had, and
12· · · · A.· ·I did speak with my mom about it right 12· ·he would always tell me, "Well, you need to see --
13· ·after it happened. 13· ·you need to see Kirk Ferentz.· You know, that's way
14· · · · Q.· ·Do you remember -- does that help you 14· ·above my pay grade.· You need to speak to him."· And
15· ·recall when it occurred? 15· ·that's pretty much what it was.
16· · · · A.· ·No.· I spoke to my mom plenty of times. 16· · · · Q.· ·All right.· And I'm trying to find out, to
17· · · · Q.· ·Let's talk about the therapist or 17· ·the best you can recall, what it is you told the
18· ·counselor that you did visit with while you were at 18· ·counselor or the therapist.· Have you now told me
19· ·the University of Iowa.· Was that just one visit? 19· ·everything you can recall about your conversation
20· · · · A.· ·Yes. 20· ·with the counselor?
21· · · · Q.· ·Do you recall what you talked with the 21· · · · A.· ·I didn't tell you anything specific about
22· ·therapist or counselor about? 22· ·our meeting from the counselor.· I did tell her that
23· · · · A.· ·Yes. 23· ·I was going through a lot at Iowa and it started
24· · · · Q.· ·Can you tell me?· Go ahead. 24· ·with the coaches, the environment I was in.· Going
25· · · · A.· ·We spoke about -- well, when I first went 25· ·into -- I don't remember the specific words I used

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·1· ·with the counselor, but I do remember telling the ·1· ·correct?
·2· ·counselor -- I talked to her about Chris Doyle and I ·2· · · · A.· ·Yes.
·3· ·talked to her about my position coach. ·3· · · · Q.· ·And you saw her just the one time?
·4· · · · · · ·I never used a name, but I spoke to -- you ·4· · · · A.· ·Just one time.
·5· ·know, there was an incident I remember bringing up ·5· · · · Q.· ·And then were you later told by Broderick
·6· ·to her that Chris Doyle was -- we was in the weight ·6· ·Binns that she had left the University?
·7· ·room, and I was 186, and Chris Doyle, he came up to ·7· · · · A.· ·I believe he told me -- I was told that
·8· ·me and asked me "You know what's after 186?"· I'm, ·8· ·she -- I was told that she left the university, but
·9· ·like, "No.· What's after 186?"· He goes, "How you ·9· ·I'm not sure the exact person that informed me that.
10· ·going to be from Newark, New Jersey, and don't know 10· ·I believe it was Broderick Binns.
11· ·what's after 186?"· Inferring that 187.· And I'm, 11· · · · Q.· ·You saw her just the one time, correct?
12· ·like -- like something street, something used for, 12· · · · A.· ·Yes.
13· ·like, murder or something like that. 13· · · · Q.· ·Were you told that a new person had
14· · · · · · ·I was telling her that I spoke with Chris 14· ·replaced her?
15· ·White about that, but I didn't use his name.· I was 15· · · · A.· ·Not initially.
16· ·just saying my position coach, my position coach, 16· · · · · · ·(Mr. Parker left the deposition.)
17· ·you know, he acted like I need to speak to Kirk 17· · · · Q.· ·At some point in time, you learned from
18· ·Ferentz.· Like, he was just pushing everything 18· ·Broderick Binns that a new counselor had been hired
19· ·there. 19· ·and was on staff to take her place.· Is that a fair
20· · · · Q.· ·Have you now told me, to the best of your 20· ·statement?
21· ·recollection, everything you can recall that you 21· · · · A.· ·Can you ask that question again?
22· ·talked to the therapist about? 22· · · · Q.· ·Yes.· At some point in time after your
23· · · · A.· ·Yes. 23· ·visit with the first therapist, did Broderick Binns
24· · · · Q.· ·And just so that we're clear, you did not 24· ·tell you that there was a replacement therapist who
25· ·use Chris White's name, correct? 25· ·had also joined the University of Iowa staff and she
Page 39 Page 41
·1· · · · A.· ·No. ·1· ·was available?
·2· · · · Q.· ·And you -- did you or did you not use ·2· · · · A.· ·Yes.
·3· ·Chris Doyle's name in that conversation with the ·3· · · · Q.· ·Do you know who the name of that person
·4· ·therapist? ·4· ·was?
·5· · · · A.· ·No.· I used strength and conditioning, ·5· · · · A.· ·No.
·6· ·strength and conditioning coach. ·6· · · · Q.· ·Did you choose not to see her?
·7· · · · Q.· ·Do you recall where her office was or ·7· · · · A.· ·Yes.
·8· ·where you met with her? ·8· · · · Q.· ·What was your reason?
·9· · · · A.· ·Yes.· I recall.· I don't recall the exact ·9· · · · A.· ·I just didn't -- I just couldn't -- I
10· ·address, but I know that it was walking distance on 10· ·couldn't trust -- I feel like I just couldn't trust
11· ·campus.· It was on campus. 11· ·them.· I didn't feel like they had my best
12· · · · Q.· ·Not in the football building? 12· ·interests.· And after me speaking and introducing --
13· · · · A.· ·No. 13· ·you know, introducing me to that therapist, you
14· · · · Q.· ·Do you recall when you visited with her? 14· ·know, being able to, you know, talk to her, get to
15· · · · A.· ·No, not the exact date. 15· ·know her, speak to her, I felt like, you know -- and
16· · · · Q.· ·Do you remember her name as Kelli 16· ·then she ended up leaving, it was just like -- I
17· ·Moran-Miller? 17· ·didn't have a heads-up about that.
18· · · · A.· ·I don't remember her name.· I thought her 18· · · · · · ·I didn't -- you know, I just couldn't -- I
19· ·name was something else, but I don't remember her 19· ·didn't trust that they had the best interests, you
20· ·exact name. 20· ·know.· They didn't -- they wasn't really -- yeah.
21· · · · Q.· ·This was a person who had been recommended 21· ·Like, they didn't have the best interests for me.
22· ·by Broderick Binns? 22· ·And it was to the point where I just couldn't trust
23· · · · A.· ·Yes. 23· ·Broderick.· I couldn't trust any of the coaches
24· · · · Q.· ·And she was the only therapist you saw 24· ·there.
25· ·that was employed by the University of Iowa, 25· · · · Q.· ·Mr. Wadley, you're on an iPhone, correct?

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·1· · · · A.· ·Yes. ·1· ·John Bruno."· Did I read that correctly?
·2· · · · Q.· ·I'm going to try to show you an ·2· · · · A.· ·Yes.
·3· ·Exhibit 45.· It's the original answers to ·3· · · · Q.· ·Now, did you ever have any conversations
·4· ·interrogatories that you made in this case.· Do you ·4· ·with Liz Tovar?
·5· ·happen to have a copy before you of those answers? ·5· · · · A.· ·I had conversations with Liz Tovar, yes.
·6· · · · A.· ·I can pull it up.· I don't have the copy ·6· · · · Q.· ·Did you ever report each and every
·7· ·with me, like, right now, but I have it in my phone. ·7· ·incident to Liz Tovar?
·8· ·I could pull it up. ·8· · · · A.· ·No.
·9· · · · Q.· ·Well, let me see if I can share it on the ·9· · · · Q.· ·How many times have you talked with Liz
10· ·screen and if you can see it. 10· ·Tovar?
11· · · · A.· ·Okay. 11· · · · A.· ·I don't know the exact number.
12· · · · Q.· ·Give me a second here, please. 12· · · · Q.· ·Do you recall what you told Liz Tovar?
13· · · · · · ·Are you able to see that page that I put 13· · · · A.· ·No.
14· ·before you, Mr. Wadley? 14· · · · Q.· ·Do you have any records of conversations
15· · · · A.· ·Yes. 15· ·with Liz Tovar?
16· · · · Q.· ·I want to take you to the end of the 16· · · · A.· ·No.
17· ·document.· Do you see on page 23, is that your 17· · · · Q.· ·Did you talk with Liz Tovar individually,
18· ·electronic signature? 18· ·just you and her, or were other people involved?
19· · · · A.· ·Yes. 19· · · · A.· ·Just me and Liz Tovar.
20· · · · Q.· ·And you swore under penalty of perjury 20· · · · Q.· ·Do you know where those meetings were?
21· ·that the foregoing interrogatory answers were true 21· · · · A.· ·In her office.
22· ·and correct to the best of your knowledge, 22· · · · Q.· ·And no one else was present?
23· ·information, and belief -- 23· · · · A.· ·No.
24· · · · A.· ·Yes. 24· · · · Q.· ·Do you recall anything that she said to
25· · · · Q.· ·-- correct? 25· ·you at those meetings?
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·1· · · · · · ·MR. SOLOMON-SIMMONS:· Excuse me, Roger. ·1· · · · A.· ·No.
·2· · · · · · ·MR. STONE:· I want to turn your attention ·2· · · · Q.· ·Did you report each and every incident to
·3· ·to Interrogatory Number 9. ·3· ·John Bruno?
·4· · · · · · ·MR. SOLOMON-SIMMONS:· Excuse me, Roger. I ·4· · · · A.· ·No.
·5· ·just want to make -- you know, we sent amended ·5· · · · Q.· ·How many times have you talked with John
·6· ·interrogatories to you yesterday.· I just want to ·6· ·Bruno, approximately, if you can recall?
·7· ·make sure you are aware of that. ·7· · · · A.· ·I don't know the exact number.· We spoke
·8· · · · · · ·MR. STONE:· I am aware of that.· Thank ·8· ·numerous times.
·9· ·you. ·9· · · · Q.· ·I'm sorry.· I didn't catch your answer.
10· · · · · · ·MR. SOLOMON-SIMMONS:· Okay. 10· · · · A.· ·I don't know the exact number.· We spoke
11· · · · · · ·MR. STONE:· And I will get to those also. 11· ·numerous times.
12· · · · · · ·MR. SOLOMON-SIMMONS:· Thank you. 12· · · · Q.· ·What did you say to John Bruno?
13· · · · Q.· ·(By Mr. Stone) I want to turn your 13· · · · A.· ·What you mean, what did I say to John
14· ·attention to the answer to Interrogatory Number 9. 14· ·Bruno?
15· ·Do you see the Interrogatory Number 9 in front of 15· · · · Q.· ·What do you recall telling John Bruno
16· ·you, Mr. Wadley? 16· ·during the meetings --
17· · · · A.· ·Yes. 17· · · · A.· ·We spoke about different things.· I don't
18· · · · Q.· ·Take a minute if you want to read it to 18· ·recall specific conversations.· We had spoke
19· ·yourself.· Then I have a couple of questions about 19· ·numerous times, though.
20· ·the answer.· If you'll tell me when you're done 20· · · · · · ·There was one conversation he asked --
21· ·reading the question, then we'll go to the answer. 21· ·there was one conversation I recall, we spoke to
22· · · · A.· ·Okay. 22· ·John Bruno, and he -- you know, he asked me, he
23· · · · Q.· ·And in the answer, it says, "Each and 23· ·goes, "Hey, why so many African Americans -- why so
24· ·every incident was reported to Kirk Ferentz and 24· ·many black players did not finish the race, they're
25· ·academic administrators, including Liz Tovar and 25· ·transferring or either getting kicked out?"· That

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·1· ·was one of the questions and one of the ·1· · · · A.· ·I didn't mention -- I didn't mention the
·2· ·conversations that I remember that sticks out. ·2· ·names because he knew who it was.· He already knew
·3· · · · · · ·And I would tell him it's because of the ·3· ·who it was.· It wasn't a secret to him, you know.
·4· ·discrimination in the program and it starts with the ·4· · · · Q.· ·But just to be clear, you did not name
·5· ·coaches, you know.· I wouldn't say the whole ·5· ·anyone's name that was a coach?
·6· ·coaching staff was racist, but the key coaches in ·6· · · · A.· ·No.
·7· ·the coaching staff is racist.· I didn't tell John ·7· · · · Q.· ·By your answer --
·8· ·Bruno they were racist.· I said that there was just ·8· · · · A.· ·Not from what I -- not from what I -- not
·9· ·a lot of discrimination going on in the program. ·9· ·from what I can recall.
10· · · · · · ·And a lot of guys like from my background, 10· · · · Q.· ·And just so that the record's clear, by
11· ·like inner city, you know, that's not used to -- 11· ·your answer, when you said no, you're intending to
12· ·that can't adjust or not used to Iowa, not used to, 12· ·communicate that you did not tell any names of
13· ·you know, being called, you know, racial slurs or 13· ·coaches to John Bruno that you accused of any
14· ·being told what to do with their hair. 14· ·harassment or bullying or anything like that?
15· · · · · · ·I was just told -- I was telling him about 15· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form.
16· ·that, like some people can't adjust, some people, 16· · · · A.· ·No.
17· ·you know, just not getting along with the coaches. 17· · · · · · ·(Mr. Parker joined the deposition.)
18· ·Coaches, you know, they're, like, having -- they're 18· · · · Q.· ·(By Mr. Stone) Go ahead and answer if you
19· ·producing a hostile environment for black players. 19· ·can, Mr. Wadley.
20· · · · Q.· ·Do you know when this conversation that 20· · · · A.· ·Can you say that?· What just happened?
21· ·you recall with John Bruno occurred? 21· · · · Q.· ·Yeah.· I just want to make the record
22· · · · A.· ·I don't know the exact day.· I do know -- 22· ·clear that during the meeting with John Bruno, it's
23· ·I know it was during my senior year. 23· ·your testimony that you did not name specific names
24· · · · Q.· ·During -- 24· ·of coaches and you assumed that he knew who you were
25· · · · A.· ·My senior year. 25· ·talking about?
Page 47 Page 49
·1· · · · Q.· ·The year 2017? ·1· · · · · · ·MR. SOLOMON-SIMMONS:· Objection --
·2· · · · A.· ·Yes. ·2· · · · A.· ·No, not from what I can recall.
·3· · · · Q.· ·Where was the conversation? ·3· · · · · · ·MR. STONE:· I'm sorry, Damario
·4· · · · A.· ·We spoke at the learning center.· We ·4· ·Solomon-Simmons, was that an objection?
·5· ·actually -- we exchanged numbers as well.· We spoke ·5· · · · · · ·MR. SOLOMON-SIMMONS:· Yeah.· Object to
·6· ·on the phone as well. ·6· ·form.
·7· · · · Q.· ·I didn't catch that, Mr. Wadley.· What -- ·7· · · · Q.· ·(By Mr. Stone) Okay.· Let me break it
·8· · · · A.· ·I said we spoke at the learning center. ·8· ·down, Mr. Wadley, because we had an objection.
·9· · · · Q.· ·Okay.· So you went over to the learning ·9· ·During the time that you visited with John Bruno,
10· ·center and met with John Bruno? 10· ·you did not name any specific names of coaches,
11· · · · A.· ·Yes. 11· ·correct?
12· · · · Q.· ·What was your reason for going over there? 12· · · · A.· ·No.
13· ·Did he invite you over? 13· · · · Q.· ·When you answered no to that, I think you
14· · · · A.· ·No.· I was in the learning center for my 14· ·mean that my statement is correct, so let me ask it
15· ·own -- I would normally go to the learning center. 15· ·again.· Is it correct that during your conversation
16· ·I had some hours I needed to, you know, do.· I had 16· ·with John Bruno, you did not mention any coaches'
17· ·tutors at the learning center as well. 17· ·names specifically?· Is that true?
18· · · · Q.· ·Just so that we're -- the record's clear, 18· · · · A.· ·Yes, that's true.
19· ·was anyone else present during this meeting? 19· · · · Q.· ·Thank you.· Why don't we take a morning
20· · · · A.· ·Me and him. 20· ·break.· We'll take -- or a morning break.· Why don't
21· · · · Q.· ·How long did the meeting last? 21· ·we take ten minutes and then we'll resume.
22· · · · A.· ·I don't know the exact -- I don't know the 22· · · · · · ·VIDEOGRAPHER:· Off the record at
23· ·exact timelines. 23· ·10:03 a.m.
24· · · · Q.· ·Did you mention specific coaches' names 24· · · · · · ·(Recess taken from 10:03 to 10:22 a.m.)
25· ·that were of concern to you? 25· · · · · · ·VIDEOGRAPHER:· On the record at 10:22 a.m.

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·1· · · · Q.· ·(By Mr. Stone) Thank you.· Mr. Wadley, can ·1· ·words to the effect that if you could do your career
·2· ·you remember calling Brian Ferentz a great coach? ·2· ·over that you would avoid the off-field mistakes you
·3· · · · A.· ·No. ·3· ·had made early in your career?· Do you recall that?
·4· · · · Q.· ·Do you recall using words to that effect, ·4· · · · A.· ·I don't recall saying that, but I do feel
·5· ·that he was a great coach? ·5· ·that way.· I should -- you know, if anything I can
·6· · · · A.· ·I don't recall. ·6· ·take away, I can take away some of the mistakes I've
·7· · · · Q.· ·Do you recall saying that you have a great ·7· ·made.
·8· ·amount of respect for Coach Brian? ·8· · · · Q.· ·Do you recall saying that the coaches
·9· · · · A.· ·I don't recall. ·9· ·believed in you?
10· · · · Q.· ·Do you recall words to the effect that 10· · · · A.· ·I don't recall.
11· ·"Coach Brian was going to put us in the best 11· · · · Q.· ·Do you recall thanking Coach Kirk Ferentz
12· ·situation and all we had to do was execute"? 12· ·and his staff for taking a shot on a skinny two-star
13· · · · A.· ·I remember that.· That had to be from 13· ·from Newark?
14· ·probably, like, an interview, after-game interview. 14· · · · A.· ·I don't even talk like that.· No.· I don't
15· ·I remember saying words.· I'm not sure if those were 15· ·recall that.
16· ·my exact words, but I remember. 16· · · · Q.· ·Do you recall saying that you had met a
17· · · · Q.· ·Do you recall saying that you were glad 17· ·lot of times with Coach Kirk Ferentz and it's all
18· ·you came back for the 2017 season to Iowa? 18· ·good?
19· · · · A.· ·I do. 19· · · · A.· ·No.
20· · · · Q.· ·Do you recall saying that you were 20· · · · Q.· ·Do you recall saying that when you met
21· ·definitely glad you came back for the 2017 season? 21· ·with Kirk Ferentz it was all for the greater good?
22· · · · A.· ·Excuse me? 22· · · · A.· ·No.
23· · · · Q.· ·Yes.· I'll repeat it.· Do you recall 23· · · · Q.· ·Do you recall saying that you could not
24· ·saying that you were definitely glad that you came 24· ·imagine Kirk Ferentz waking up and saying, "I'm
25· ·back for the 2017 season? 25· ·going to go after Akrum today"?
Page 51 Page 53
·1· · · · A.· ·Didn't you just ask me -- did you ask me ·1· · · · A.· ·Can you --
·2· ·that same question? ·2· · · · Q.· ·-- or words to that effect?
·3· · · · Q.· ·Except I added the word "definitely."· Do ·3· · · · A.· ·-- ask that again?· Can you ask that
·4· ·you recall using the word "definitely"? ·4· ·again?
·5· · · · A.· ·Oh, "definitely"?· I don't recall using ·5· · · · Q.· ·Yeah, I'll repeat that.· Do you recall
·6· ·the word "definitely."· I do recall saying I was ·6· ·saying words to the effect that you could not
·7· ·glad to come back for my last year. ·7· ·imagine Coach Ferentz waking up and saying, "I'm
·8· · · · Q.· ·Do you recall saying that you were really ·8· ·going to go after Akrum today"?
·9· ·proud of your career at Iowa? ·9· · · · A.· ·Can you rephrase that question?
10· · · · A.· ·I don't recall.· I don't recall using 10· · · · Q.· ·Yes.· It's really whether you can recall
11· ·those words.· I don't recall that. 11· ·using words to the effect of what I'm about to say.
12· · · · Q.· ·Do you recall saying that you would do it 12· ·And do you recall using words to the effect that you
13· ·all over again? 13· ·could not imagine Coach Kirk Ferentz waking up and
14· · · · A.· ·No. 14· ·saying, "I'm going to go after Akrum today."
15· · · · Q.· ·Do you recall saying that if you had a 15· · · · A.· ·Do I think that that's what he says?
16· ·chance, you would avoid the off-field mistakes you 16· · · · Q.· ·Let me reask the question.· I want to be
17· ·had made early in your career? 17· ·sure that you and I are on the same wavelength here.
18· · · · A.· ·Can you ask that question again? 18· ·Did you recall -- or do you recall using words to
19· · · · Q.· ·Yes.· Do you recall saying words to the 19· ·the effect that you could not imagine that Kirk
20· ·effect that if you had a chance to do it again, you 20· ·Ferentz would wake up in the morning and say, "I'm
21· ·would avoid the off-field mistakes you had 21· ·going to go after Akrum today"?
22· ·experienced early in your career? 22· · · · A.· ·No --
23· · · · A.· ·Can you ask that one -- can you ask that 23· · · · Q.· ·Did you ever say anything like that?
24· ·again? 24· · · · A.· ·-- I don't recall.
25· · · · Q.· ·Yeah.· My question is, do you recall using 25· · · · · · ·MR. SOLOMON-SIMMONS:· Excuse me, Roger,

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·1· ·we're getting a very bad echo, at least I am, when ·1· ·looking forward to tough games, you know, and just
·2· ·you talk, and it's making it hard to understand. ·2· ·being able to keep moving forward.
·3· ·Anyone else having that issue? ·3· · · · · · ·"INTERVIEWER:· How much respect do you
·4· · · · · · ·MR. STONE:· Sonya or Amy, can you figure ·4· ·have for him as play caller?· I mean, you guys put
·5· ·out where it's coming from?· Is it when I speak or ·5· ·up, what, five, six touchdowns, right?
·6· ·what? ·6· · · · · · ·"MR. WADLEY:· We all got a great amount of
·7· · · · · · ·VIDEOGRAPHER:· How about let's go off the ·7· ·respect for Coach Brian and we all believe that he's
·8· ·record to troubleshoot. ·8· ·going to put us in the best situations.· We just got
·9· · · · · · ·MR. STONE:· Okay. ·9· ·to execute, you know.· We always talk about the
10· · · · · · ·VIDEOGRAPHER:· Off the record at 10· ·coaches coaching and the players playing.
11· ·10:28 a.m. 11· · · · · · ·"INTERVIEWER:· Do you feel like you did
12· · · · · · ·(Off the record.) 12· ·that today, the players?
13· · · · · · ·VIDEOGRAPHER:· On the record at 10:29 a.m. 13· · · · · · ·"MR. WADLEY:· It was a team thing, and the
14· · · · Q.· ·(By Mr. Stone) Mr. Wadley, can you recall 14· ·staff, you know, they contributed.
15· ·using words to the effect that Kirk Ferentz is all 15· · · · · · ·(Video ended.)
16· ·business, it's all for the good of the team? 16· · · · Q.· ·(By Mr. Stone) Thank you.· Mr. Wadley, did
17· · · · A.· ·I don't recall. 17· ·you recognize yourself, of course?
18· · · · · · ·MR. STONE:· Katie, can you get the share 18· · · · A.· ·Yes.
19· ·screen and bring up Exhibit 48, please?· This is a 19· · · · Q.· ·Did you recognize the Iowa State insignia
20· ·video recording. 20· ·in the background?
21· · · · · · ·Mr. Solomon-Simmons, I suggest that we ask 21· · · · A.· ·Yes.
22· ·the court reporter to do the best she can when she 22· · · · Q.· ·Was that interview after the Iowa State
23· ·hears it.· We'll submit the actual exhibit to her 23· ·game in 2017, if you know?
24· ·like we did the video previously in Mr. Parker's 24· · · · A.· ·I'm not sure if it was after that game.
25· ·deposition, and she can then use that to shape out 25· ·I'm not sure when that recording was.
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·1· ·the record. ·1· · · · Q.· ·At least it was after one of the games
·2· · · · · · ·MR. SOLOMON-SIMMONS:· No objection. ·2· ·against Iowa State that you played in, correct?
·3· · · · · · ·MR. STONE:· Thank you.· All right, Katie, ·3· · · · A.· ·Yes.
·4· ·if you'll play the video, please. ·4· · · · Q.· ·And it was the game in Ames, correct?
·5· · · · · · ·(Mr. Parker joined the deposition.) ·5· · · · A.· ·Yes.
·6· · · · · · ·(Exhibit 48 video started.) ·6· · · · · · ·MR. STONE:· Katie, can you share
·7· · · · · · ·"INTERVIEWER:· Coach Brian had a few words ·7· ·Exhibit 51, please?
·8· ·for Iowa State in the off-season just a little bit. ·8· · · · · · ·(Exhibit 51 video started.)
·9· ·I don't know if you caught wind of those, but maybe ·9· · · · · · ·"INTERVIEWER:· What kept you here?
10· ·give me a sense of the accomplishment he's feeling 10· · · · · · ·"MR. WADLEY:· Just, you know, my mother
11· ·right now. 11· ·played a big part, you know, and, you know, just
12· · · · · · ·"MR. WADLEY:· Man, Coach Brian, he's a 12· ·finishing out school, basically.
13· ·very eager guy, he's an energetic guy, great coach, 13· · · · · · ·"INTERVIEWER:· Are you glad you did, glad
14· ·and -- I'm trying to word this right because I don't 14· ·you came back?
15· ·want to, you know -- he's just really -- he's 15· · · · · · ·"MR. WADLEY:· Mm-hmm, yeah, definitely.
16· ·really -- he really -- like, this game is really 16· · · · · · ·"INTERVIEWER:· Do you feel like you've
17· ·important to him.· Let's say that.· You know, this 17· ·improved your standing?
18· ·game is very important to him, extremely important 18· · · · · · ·"MR. WADLEY:· Definitely.· I feel like,
19· ·to him. 19· ·you know, consistency is a big -- you know, a big
20· · · · · · ·And he just -- he always talks about 20· ·deal -- big thing right now, and I had a
21· ·coming out swinging, you know.· The night before, he 21· ·thousand-yard season last year and I followed it up
22· ·talked about -- he said, you know, "Anything can 22· ·with another one.
23· ·happen.· We can have a fight with their players, but 23· · · · · · ·"INTERVIEWER:· For this season, what are
24· ·it ain't going to determine the game today," you 24· ·some of your prouder moments?
25· ·know.· He always, you know, talks about being -- 25· · · · · · ·"MR. WADLEY:· Like the very first game,

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·1· ·when I didn't think I would be able to go.· I didn't ·1· ·if I knew what I could -- you know, I could go back,
·2· ·think I would be able to go because I was kind of ·2· ·I would do it all over.
·3· ·like hurt. ·3· · · · · · ·"INTERVIEWER:· What would you change?
·4· · · · · · ·"INTERVIEWER:· Against Wyoming? ·4· · · · · · ·"MR. WADLEY:· Getting off to a good start,
·5· · · · · · ·"MR. WADLEY:· Yeah. ·5· ·you know, academically, you know.· Not making, you
·6· · · · · · ·"INTERVIEWER:· Oh, really? ·6· ·know, off-the-field mistakes.· You know, I threw a
·7· · · · · · ·"MR. WADLEY:· I didn't think -- I told ·7· ·big party.· That was huge.· I got in trouble for it.
·8· ·James, like, "Man, I don't know if I can go," and ·8· ·You know, that put me in the doghouse.· And, you
·9· ·then I just went, you know, finished up over a ·9· ·know, just body weight issues.
10· ·hundred.· Iowa State game, that was a really good 10· · · · · · ·I remember -- we do this thing called the
11· ·game.· Yeah.· It was a lot of trash talk, you know, 11· ·Hawkeye championship, you know, Hawkeye
12· ·between me and their corner, Peavy. 12· ·championship, and I remember going into the draft
13· · · · · · ·"INTERVIEWER:· Okay. 13· ·like negative, negative 4,000 points, you know, and
14· · · · · · ·"MR. WADLEY:· Yeah.· We're cool now.· And 14· ·that was for the party I threw.
15· ·it was a fun game, you know, going out there and 15· · · · · · ·"INTERVIEWER:· Oh.
16· ·getting a win on their field.· And it was a 16· · · · · · ·"MR. WADLEY:· Yeah.· It's a whole -- you
17· ·hard-fought game.· You know, it was my first time 17· ·know, that's -- yeah.
18· ·going into overtime.· And, you know, sometimes it 18· · · · · · ·"INTERVIEWER:· So you get docked points
19· ·felt like we was going to lose because they went up 19· ·for --
20· ·two scores, you know, and we came back.· That was a 20· · · · · · ·"MR. WADLEY:· Yeah.· Yeah.· For bonehead
21· ·good moment. 21· ·decisions.
22· · · · · · ·Penn State, you know, when I was having a 22· · · · · · ·"INTERVIEWER:· Sounds like a lot of
23· ·rough first half, I couldn't get anything, and then, 23· ·points.· Must have been a big party.
24· ·you know, I started picking up in the second half. 24· · · · · · ·"MR. WADLEY:· Yeah.· Me and Josh -- you
25· ·the Ohio State game, that was a really good game. 25· ·know, Josh -- I think Josh was higher.· I think he
Page 59 Page 61
·1· · · · · · ·(Video ended.) ·1· ·had, like, negative 48.
·2· · · · Q.· ·(By Mr. Stone) Thank you.· Did you ·2· · · · · · ·"INTERVIEWER:· Oh, Jackson?
·3· ·recognize yourself in that video, Mr. Wadley? ·3· · · · · · ·"MR. WADLEY:· Yeah.
·4· · · · A.· ·Yes. ·4· · · · · · ·"INTERVIEWER:· Okay.· All right.· So his
·5· · · · Q.· ·And do you know who Chad Leistikow is? ·5· ·hands aren't clean in this either.
·6· · · · A.· ·Yes. ·6· · · · · · ·"MR. WADLEY:· Yeah.· We're similar but,
·7· · · · Q.· ·Who is he? ·7· ·you know, he's doing really good now.
·8· · · · A.· ·He's a reporter. ·8· · · · · · ·"INTERVIEWER:· Yeah.· So that -- who is --
·9· · · · · · ·MR. STONE:· Katie, would you share ·9· ·did you realize at that point you probably shouldn't
10· ·Exhibit 52, please? 10· ·do that again, I suppose?
11· · · · · · ·(Exhibit 52 video started.) 11· · · · · · ·"MR. WADLEY:· Oh, yeah, I knew I can't do
12· · · · · · ·"INTERVIEWER:· Are you proud?· What's your 12· ·that, yeah.
13· ·emotion as you look back on your career? 13· · · · · · ·"INTERVIEWER:· Did someone say something
14· · · · · · ·"MR. WADLEY:· I'm really proud, yeah.· Not 14· ·to you?
15· ·too many people, you know, can do that.· And, like I 15· · · · · · ·"MR. WADLEY:· Yeah.· No more parties, man.
16· ·said, just -- I was proud just coming here, you 16· ·No more.· Yeah.
17· ·know, to a school like Iowa, you know, Big Ten, you 17· · · · · · ·"INTERVIEWER:· Okay.· Was it -- it wasn't
18· ·know, always on TV, you know, big-time college 18· ·worth it, though, at this point?
19· ·football program.· And I was just happy to come 19· · · · · · ·"MR. WADLEY:· No.· Especially when you're
20· ·here. 20· ·fighting, you know, and then when you, like --
21· · · · · · ·And then, you know, every time, like, I 21· ·because I always -- like always -- when I go out
22· ·did something, I was just, like, so happy, just 22· ·there and practice, I always put my all, you know,
23· ·thankful and grateful that I can do that, you know. 23· ·every practice, you know.
24· ·And, you know, as I look back, I feel like if I knew 24· · · · · · ·"INTERVIEWER:· Yeah.
25· ·what I knew now -- you know, when I first got here, 25· · · · · · ·"MR. WADLEY:· But it don't help when

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·1· ·you're taking steps forward and then you do ·1· ·was that.
·2· ·something like that -- ·2· · · · · · ·"INTERVIEWER:· Still the kickoff return
·3· · · · · · ·"INTERVIEWER:· Mm-hmm. ·3· ·guy or is that now Ivory Kelly?
·4· · · · · · ·"MR. WADLEY:· -- you know, you're ·4· · · · · · ·"MR. WADLEY:· Ivory.
·5· ·taking -- you're distracting the team and then ·5· · · · · · ·"INTERVIEWER:· Really?· Is that just to
·6· ·you're taking away from yourself, you know, you take ·6· ·lighten your load or --
·7· ·all the steps backwards. ·7· · · · · · ·"MR. WADLEY:· I'm not sure.· That's coach.
·8· · · · · · ·"INTERVIEWER:· Yeah. ·8· ·Ask coach that.
·9· · · · · · ·(Video ended.) ·9· · · · · · ·"INTERVIEWER:· Would you rather be back
10· · · · Q.· ·(By Mr. Stone) Do you recognize yourself 10· ·there?
11· ·in Exhibit 52, Mr. Wadley? 11· · · · · · ·"MR. WADLEY:· Yeah.
12· · · · A.· ·Yes. 12· · · · · · ·"INTERVIEWER:· You're scaring us.· You got
13· · · · Q.· ·Were you able to determine that that was 13· ·a little knee thing on there.· Is that anything --
14· ·at the end of the 2017 season or close to the end of 14· · · · · · ·"MR. WADLEY:· That's for fashion.· I'm
15· ·the 2017 season? 15· ·fine.
16· · · · A.· ·I don't know the exact date that was, but 16· · · · · · ·"INTERVIEWER:· Do you ever surprise
17· ·I believe it probably was towards my last year. 17· ·yourself when you see yourself on film?
18· · · · · · ·MR. STONE:· And, Katie, would you please 18· · · · · · ·"MR. WADLEY:· No.· No.· I'm just thankful
19· ·show us Exhibit 49. 19· ·and grateful, you know, that I got some coaches that
20· · · · · · ·(Exhibit 49 video started.) 20· ·believe in me and just really seeing everything, you
21· · · · · · ·"INTERVIEWER:· 26 carries last week, 28 21· ·know, pays off.· Just got to keep at it.
22· ·carries this week.· Iowa went and got a free agent 22· · · · · · ·(Video ended.)
23· ·running back and you're getting the ball more.· How 23· · · · Q.· ·(By Mr. Stone) Thank you.· Did you
24· ·do you like that? 24· ·recognize yourself in that video, Exhibit 49,
25· · · · · · ·"MR. WADLEY:· It's a good thing, you know. 25· ·Mr. Wadley?
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·1· ·They trust -- they got a lot of trust in me.· But we ·1· · · · A.· ·Yes.
·2· ·talk about, you know, getting other guys in the ·2· · · · Q.· ·Can you tell us what season you were
·3· ·game.· You know, James, he has really explosive ·3· ·talking about?
·4· ·plays.· He put one out of the backfield one time, ·4· · · · A.· ·No.· I don't recall the season it was.
·5· ·broke about two, three tackles.· He went like beast ·5· · · · Q.· ·Katie, could you show us Exhibit 59?
·6· ·mode.· He needs to play more.· We're going to make ·6· · · · · · ·Mr. Wadley, why don't you take a minute
·7· ·that happen. ·7· ·and read Exhibit 59 to yourself if you can see it.
·8· · · · · · ·"INTERVIEWER:· What did Stanley show you ·8· · · · A.· ·Okay.· Okay.· I see that.· I read it.
·9· ·in that second half and overtime?· That was a ·9· · · · Q.· ·Was that a Twitter message that you wrote
10· ·big-time performance. 10· ·about January 1st of 2018?
11· · · · · · ·"MR. WADLEY:· Stanley, he's still 11· · · · A.· ·Honestly, I cannot recall actually -- I do
12· ·learning, we're all learning, but as long as he's 12· ·not recall tweeting something like this.· That's not
13· ·leading, you know, he shows he can be, like the 13· ·even my profile.· If you look at the user name,
14· ·great leader that he is.· He never complains.· He 14· ·which is WadleyAkrum25, my Twitter name is
15· ·never whines.· You know, he never yells at a player 15· ·Akrum_Wadley.· And -- yeah, I don't recall saying
16· ·if they drop a pass or anything.· He's just always 16· ·that at all.· Especially the skinny kid.· I don't --
17· ·composed. 17· ·like I said, I don't even talk like that.· And I
18· · · · · · ·"INTERVIEWER:· Have you watched that 18· ·don't even have that Twitter.· Like, I have a
19· ·46-yard touchdown pass? 19· ·totally different Twitter name.
20· · · · · · ·"MR. WADLEY:· Yeah. 20· · · · Q.· ·Was this the Twitter account that you had
21· · · · · · ·"INTERVIEWER:· What did you see on that 21· ·in -- January 1st of 2018, if you know?
22· ·when you rewatched it? 22· · · · A.· ·I did join 2018, yeah, but that's not
23· · · · · · ·"MR. WADLEY:· I seen -- I had a step on 23· ·my -- that's not even my name.· If you look on
24· ·the backer, and I seen great downfield blocking by 24· ·Twitter right now, you can see my name is
25· ·Nick, you know, not giving up on the play, and that 25· ·Akrum_Wadley, and that user name is, like,

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·1· ·WadleyAkrum25.· I don't remember -- I don't remember ·1· ·there, right there, right there.· Okay.· Right
·2· ·my name being that at all.· The "Go Hawks" and ·2· ·there, right there.· Can you scroll up a little bit
·3· ·the -- after "Akrum Wadley" the "#25," I just don't ·3· ·more?· Just a little bit more.· Okay.· Okay.
·4· ·even -- like, I don't even type like that. ·4· · · · Q.· ·Mr. Wadley, have you had a chance to read
·5· · · · Q.· ·Are you a religious individual, ·5· ·Exhibit 62?
·6· ·Mr. Wadley, where you do give thanks to God for ·6· · · · A.· ·Yes.
·7· ·your -- ·7· · · · Q.· ·I want to go back to the top of it.
·8· · · · A.· ·I do believe in God, yes. ·8· ·There's some discussion of this party that you've
·9· · · · Q.· ·Is that something that you would say ·9· ·earlier referenced.· As I understand it, you had a
10· ·commonly yourself, is that you would like to thank 10· ·house party and invited a large group of people,
11· ·God for the opportunities he's provided for you? 11· ·maybe the class of 2017, and you got cited by the
12· · · · A.· ·Yes. 12· ·Iowa City Police for a disorderly house?· Is that a
13· · · · Q.· ·Is it also that you would say without God, 13· ·fair summary?
14· ·none of this would have been possible? 14· · · · A.· ·Yes.
15· · · · A.· ·Yes, I would.· I would say something like 15· · · · Q.· ·And Coach Kirk Ferentz was upset about
16· ·that, yes. 16· ·that incident, correct?
17· · · · Q.· ·Is it also characteristic of you to thank 17· · · · A.· ·Yes.
18· ·your family and friends for supporting you? 18· · · · Q.· ·And he called you into his office and
19· · · · A.· ·Yes. 19· ·talked to you.· And who else was involved?
20· · · · Q.· ·Is it also characteristic of you that you 20· · · · A.· ·Jonathan Parker.
21· ·would thank Coach Kirk Ferentz and his staff for 21· · · · Q.· ·Let's scroll down.· It says there in the
22· ·giving you an opportunity? 22· ·center of the page, "Wadley and Ferentz have met a
23· · · · A.· ·Yes. 23· ·lot through [sic] the running back's career.· 'It's
24· · · · Q.· ·And would you agree that those five years 24· ·all good,' Wadley said.· 'If they stop talking to
25· ·that you completed before January 1st, 2018, were 25· ·you, you should worry.· It's all for the greater
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·1· ·some of the best years of your life? ·1· ·good.· I'm a coachable guy.· I can't imagine him
·2· · · · A.· ·No. ·2· ·waking up and saying "I'm going to go after Akrum
·3· · · · Q.· ·Would you agree that you were and forever ·3· ·today."· It's all business.· It's all for the good
·4· ·would be an Iowa Hawkeye? ·4· ·of the team.'"
·5· · · · A.· ·Can you ask that question again? ·5· · · · · · ·Did I read that correctly?
·6· · · · Q.· ·Do you agree that you would say things ·6· · · · A.· ·Yes.
·7· ·like you are and forever would be an Iowa Hawkeye? ·7· · · · Q.· ·Are those statements that you made to the
·8· · · · A.· ·I remember saying something like that, ·8· ·reporter in 2017?
·9· ·yes. ·9· · · · A.· ·Yes.
10· · · · Q.· ·Katie, can you put up Exhibit -- 10· · · · Q.· ·The next paragraph says, "Ferentz has been
11· · · · A.· ·I'm not -- you know, it's the profile. 11· ·after Wadley about a few things in his career
12· ·You know, I'm not -- you know, I don't remember 12· ·besides the party.· Wadley's fumbling issues early
13· ·saying skinny kid from -- I don't even say -- I 13· ·in his career..."· What's that reference to?
14· ·don't really say -- I don't even talk like that. 14· · · · A.· ·I don't know.· I don't know.· I can't
15· · · · Q.· ·Katie, can you put up Exhibit 62? 15· ·recall.
16· · · · · · ·Mr. Wadley, I'm going to ask you to take a 16· · · · Q.· ·Okay.· Were you finished, Mr. Wadley?
17· ·look at this article by Mr. John Bohenkamp, and 17· · · · A.· ·Can you rephrase that question?· What's
18· ·we'll scroll through it so you can read the whole 18· ·what reference?· Can you ask that again?
19· ·thing.· Why don't you tell us when you're ready for 19· · · · Q.· ·Sure.· Was there an issue about fumbling
20· ·us to scroll down. 20· ·early in your career?· Do you recall?
21· · · · A.· ·Okay.· I'm ready.· Hold up.· No.· I'm 21· · · · A.· ·Yes and no.· The reason why I say is
22· ·reading. 22· ·because I was -- I would just say yes.· Yes.· Yes.
23· · · · Q.· ·Okay.· You tell us when you're ready for 23· · · · Q.· ·And then there's the next phrase, "his
24· ·the next page, Mr. Wadley. 24· ·constant battle to gain weight."· Do you see that
25· · · · A.· ·Okay.· Okay.· You can scroll.· Right 25· ·reference?· "Keep the pounds on"?

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·1· · · · A.· ·Right.· That was -- that was a way -- that ·1· · · · A.· ·That's just -- you know, that's just the
·2· ·was a way they kept me from, you know -- that was a ·2· ·game.· You know, that's how it is playing, playing
·3· ·way they -- the weight issue, they would use that ·3· ·in a game with the team, and that's just not, you
·4· ·just to keep me, you know, from -- you know, just to ·4· ·know, for me.· It's, you know, for other players as
·5· ·keep me from, you know, I would say stride or feel ·5· ·well that actually plays.
·6· ·like -- I feel like that was a way for them -- they ·6· · · · · · ·If we're at camp, going through camp,
·7· ·couldn't really, you know, keep me away from certain ·7· ·everyone gets tackled.· If we're in the season, they
·8· ·things they would do other black players because ·8· ·would lay off, you know, players that's actually
·9· ·I've already played and, you know, I've already been ·9· ·playing in the game, whether it's offensive or
10· ·out there already.· I've made big plays. I 10· ·defensive.· If you're starting, chances are you're
11· ·contributed to plenty of Ten wins. 11· ·not going live, you're not getting tackled.· But
12· · · · · · ·So they couldn't really discriminate 12· ·during, like, spring football and camp, everyone
13· ·against me as much as they would do it, so they 13· ·gets tackled, so no one has special privileges.
14· ·would use weight, like, as an excuse to keep -- you 14· · · · Q.· ·I believe you mentioned earlier in answer
15· ·know, just to keep me from being successful, they 15· ·to a different question that you thought the
16· ·would use that as an excuse.· But throughout my 16· ·coaching staff wouldn't discriminate against you
17· ·career at Iowa, I gained weight significantly, 17· ·because of your star status and that they were using
18· ·20-plus pounds, since I've been at Iowa. 18· ·weight as a way of getting after you or disciplining
19· · · · Q.· ·Is it fair to say that because you were a 19· ·you.· Is that a fair statement?
20· ·star you had leeway?· Is that fair to say? 20· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form.
21· · · · A.· ·Leeway?· I wouldn't -- what you mean, 21· · · · A.· ·No.
22· ·leeway? 22· · · · Q.· ·(By Mr. Stone) Why don't you explain it to
23· · · · Q.· ·Certain privileges? 23· ·me, then, when you said that the coaching staff
24· · · · A.· ·What about leeway? 24· ·wouldn't discriminate against you like they would
25· · · · Q.· ·Did you have certain privileges because 25· ·against other players and used weight instead.· What
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·1· ·you were a star of the team? ·1· ·did you mean by that?
·2· · · · A.· ·No. ·2· · · · A.· ·Okay.· So I'm trying to think of an
·3· · · · · · ·MR. SOLOMON-SIMMONS:· [Indaudible]. ·3· ·example.· So when I speak on that, I never mentioned
·4· · · · Q.· ·Did you have to -- ·4· ·me being a star player at all.· When I speak on
·5· · · · · · ·COURT REPORTER:· I'm sorry.· I heard ·5· ·that, they -- the way they would do things, they
·6· ·somebody talk.· Was there an objection or something ·6· ·would discriminate against -- it would be easier for
·7· ·that I missed? ·7· ·them to target someone, say, like, Andre Harris.
·8· · · · · · ·MR. SOLOMON-SIMMONS:· Yes.· This is ·8· · · · · · ·Andre Harris is a perfect example.· He --
·9· ·Damario.· I said object to form. ·9· ·I've witnessed, you know, incidents with him being
10· · · · · · ·COURT REPORTER:· Thank you. 10· ·discriminated by especially Chris Doyle.· They would
11· · · · Q.· ·(By Mr. Stone) Did you get any special 11· ·do things like -- they would kick black players out
12· ·consideration or privileges at practice because you 12· ·of the weight room.· They wouldn't let them work
13· ·were a star? 13· ·out.· They would find a way to target someone, find
14· · · · A.· ·Can you ask that question again? 14· ·a way to, like, provide, like, hours to them.· Black
15· · · · Q.· ·Yes.· Did you get any special 15· ·players I'm talking about.
16· ·consideration or privileges at practice because you 16· · · · · · ·Like guys like Andre Harris that don't
17· ·were a star of the team? 17· ·play.· I actually -- he didn't get a chance to play
18· · · · A.· ·Special privileges and -- what you mean by 18· ·despite how talented he was, and it would be easier
19· ·that when you say "special"? 19· ·for them to, you know, ignore him or make him feel
20· · · · Q.· ·Well, for example, did you have to go get 20· ·uncomfortable, create, like, a hostile environment
21· ·tackled all the time or were there times that you 21· ·for a player like him to transfer or, you know, get
22· ·wouldn't be tackled in drills? 22· ·kicked out, but it would be harder for them to do
23· · · · A.· ·I wouldn't say those were special 23· ·that to me because I actually -- you know, I've
24· ·privileges. 24· ·actually been in the public view of the fans.· I've
25· · · · Q.· ·What would you say they were? 25· ·been able to contribute to many big victories, you

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·1· ·know, the wins and everything. ·1· · · · Q.· ·And that's because you were a starter?
·2· · · · · · ·If they would try to not play me or try to ·2· · · · A.· ·Yes.· I wasn't always a starter, but I
·3· ·bench me, in which they tried one game, we would ·3· ·was -- you know, I was -- I played a key role in my
·4· ·lose, and, you know, they -- you know, they wouldn't ·4· ·team's success.
·5· ·want to do that.· So they would figure out other ·5· · · · Q.· ·Were you ever kicked out of the weight
·6· ·ways to treat, like, black players.· If that answers ·6· ·room?
·7· ·your question. ·7· · · · A.· ·Yes.
·8· · · · Q.· ·So they -- ·8· · · · Q.· ·When?
·9· · · · A.· ·It didn't have anything to do with ·9· · · · A.· ·My senior year.· My senior year.· My last
10· ·stardom.· I wouldn't say stardom.· It was just, you 10· ·year.· That's when I recall being kicked out, my
11· ·know, I would say the team needed -- you know, 11· ·senior year.
12· ·needed my presence. 12· · · · Q.· ·So you were in the weight room for 2013,
13· · · · Q.· ·And since the team needed you on the field 13· ·2014, 2015, 2016, and then you got kicked out once
14· ·to win games, you got different treatment than 14· ·in 2017?· Is that what happened?
15· ·somebody like Andre Harris is what you're telling 15· · · · A.· ·I'm not sure that I didn't get kicked out
16· ·us? 16· ·during those years, but it's one particular time
17· · · · A.· ·No.· I'm not telling you that.· I'm 17· ·that stuck out to me, was that last time my senior
18· ·telling you that me and Andre Harris went -- we 18· ·year.
19· ·experienced the same things, you know, especially -- 19· · · · Q.· ·We'll get to that one.· But as you sit
20· ·we came in together as freshmen, along with other 20· ·here today and testify under oath, you cannot
21· ·guys.· Other black guys. 21· ·remember being kicked out of the weight room in the
22· · · · · · ·We went through pretty much the same 22· ·year 2013, 2014, 2015, or 2016, can you?
23· ·thing.· We didn't see white players being forced to 23· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form.
24· ·guzzle shakes and Powerades before workouts. I 24· · · · Q.· ·(By Mr. Stone) Well, let's break it down.
25· ·didn't experience any white guys getting kicked out 25· ·Mr. Wadley, can you remember getting kicked out of
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·1· ·of the weight room due to, like, small, little ·1· ·the weight room in 2013?
·2· ·things they would try to, you know, hold you back or ·2· · · · A.· ·No.
·3· ·figure out a way to make you uncomfortable, and a ·3· · · · Q.· ·Can you remember getting kicked out of the
·4· ·result, guys that didn't get a chance to showcase ·4· ·weight room in 2014?
·5· ·their talent, they -- you know, black guys -- the ·5· · · · A.· ·No.
·6· ·black guys, the black athletes that didn't get to ·6· · · · Q.· ·Can you remember getting kicked out of the
·7· ·showcase their talent, they was either uncomfortable ·7· ·weight room in 2015?
·8· ·and transferred or they got kicked out. ·8· · · · A.· ·No.
·9· · · · · · ·So that -- you know, me and Andre is ·9· · · · Q.· ·Can you remember getting kicked out of the
10· ·pretty much the same person.· I just was able to 10· ·weight room in 2016?
11· ·showcase my talent and get it out there, you know, 11· · · · A.· ·No.
12· ·before they could, you know, try to do the things 12· · · · Q.· ·You remember once in 2017.· Why don't you
13· ·that they done with him with me. 13· ·tell us about that incident.
14· · · · Q.· ·And so they wouldn't -- 14· · · · A.· ·I was -- we were competing on field.· We
15· · · · A.· ·If that makes sense. 15· ·was outside -- we was indoors but we was on the
16· · · · Q.· ·So they wouldn't try certain things with 16· ·field -- on the indoor football field competing,
17· ·you is what you're telling us, because you were able 17· ·doing drills, just before we go to the weight room
18· ·to showcase your talent and show that you were 18· ·to work out; and I was experiencing, like, a
19· ·needed for the team.· Is that fair to say? 19· ·significant amount of pain in I believe my knee, and
20· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form. 20· ·I couldn't really go, and it was -- I was being
21· · · · Q.· ·(By Mr. Stone) Go ahead and answer the 21· ·forced to push through the pain through Chris Doyle.
22· ·question. 22· · · · · · ·He was -- I was trying to explain to him
23· · · · A.· ·I would say that their way of getting at 23· ·that I couldn't go and my health -- you know, my leg
24· ·me would be different from how they would get with 24· ·was bothering me, my knee was killing me, or -- it
25· ·Andre Harris or another black player. 25· ·was either my knee or it was my ankle.· I can't

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·1· ·remember.· But I know I was in a significant amount ·1· · · · · · ·MR. STONE:· Sure.· What do you need?· Ten
·2· ·of pain. ·2· ·minutes?
·3· · · · · · ·And we were participating in a drill where ·3· · · · · · ·MR. SOLOMON-SIMMONS:· Just a few minutes
·4· ·I was going up against another athlete, and I wasn't ·4· ·to see what she needs.
·5· ·performing to the best of my abilities due to my ·5· · · · · · ·MR. STONE:· All right.· Go ahead.
·6· ·injury, and he -- I remember him saying something ·6· · · · · · ·VIDEOGRAPHER:· Off the record at
·7· ·like -- because I already told him about, you know, ·7· ·11:06 a.m.
·8· ·my health.· He still forced me to -- forced me to, ·8· · · · · · ·(Recess taken from 11:06 to 11:16 a.m.)
·9· ·you know, push through, and then he said something ·9· · · · · · ·VIDEOGRAPHER:· On the record at 11:16 a.m.
10· ·like trying to come from -- like bring down my 10· · · · Q.· ·(By Mr. Stone) Mr. Wadley, did you
11· ·character or something, tried to call me soft or -- 11· ·complain to Kirk Ferentz about your treatment in the
12· ·and I don't remember his exact words, but it was 12· ·Iowa football program?
13· ·something -- you know, trying to say that I'm soft 13· · · · A.· ·Yes.
14· ·for not being able to perform or push through an 14· · · · Q.· ·Can you tell me when you complained to
15· ·injury as if he felt -- as he was inside my body. 15· ·him?
16· · · · · · ·And I felt like, you know, enough's 16· · · · A.· ·I spoke to him about Chris Doyle -- I
17· ·enough.· I just can't -- you know, I can't take it 17· ·spoke to him about Chris Doyle and Brian Ferentz. I
18· ·anymore.· I felt, you know, betrayed.· I felt -- I 18· ·don't recall the exact dates, but I spoke to him --
19· ·just felt down.· I felt real low about myself 19· ·I know for a fact I spoke to him a few times about
20· ·because, like, this is like a game I grew up 20· ·Chris Doyle.
21· ·playing, and I put all my work in, and every day I 21· · · · Q.· ·Can you recall what year or season you
22· ·come out there and compete, every single day, and 22· ·complained?
23· ·for him to, you know, try to, you know, destroy my 23· · · · A.· ·I would say probably every single year.
24· ·work ethic, try to destroy my character, it's just 24· · · · Q.· ·Does that include the redshirt year when
25· ·like I couldn't deal with it.· So we got into an 25· ·you first arrived in 2013?
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·1· ·exchange of words in which I don't really remember ·1· · · · A.· ·No.· Not every single year, no. I
·2· ·the exact words.· They wasn't good -- there wasn't ·2· ·wouldn't say every single year.
·3· ·anything good from it.· He kicked me out. ·3· · · · Q.· ·All right.· So can you recall complaining
·4· · · · Q.· ·Have you told us everything you can recall ·4· ·to Kirk Ferentz in 2014?
·5· ·about that incident in 2017 on the practice field? ·5· · · · A.· ·I'd say 2015.
·6· · · · A.· ·Yes.· Indoor.· Indoor.· Yes. ·6· · · · Q.· ·Okay.· What was the occasion that caused
·7· · · · Q.· ·Can you recall anything else that Chris ·7· ·you to go to Kirk Ferentz to complain, if you can
·8· ·Doyle said that you haven't already told us? ·8· ·recall?
·9· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form. ·9· · · · A.· ·I remember speaking to him about my unfair
10· · · · Q.· ·(By Mr. Stone) You may still answer the 10· ·treatment as far as body weight, you know.· He
11· ·question. 11· ·would -- that was -- do you want to know what we
12· · · · A.· ·Can you ask that question again? 12· ·were -- you know, what or --
13· · · · Q.· ·Can you recall -- as you sit here today 13· · · · Q.· ·Yeah.· We're going to go through --
14· ·and testify about this incident, have you told us 14· · · · A.· ·Can you ask that question again?
15· ·everything that Chris Doyle said to you in that 15· · · · Q.· ·Yeah.
16· ·incident?· Can you recall anything -- 16· · · · A.· ·Can you ask that question?
17· · · · A.· ·In this particular incident? 17· · · · Q.· ·Okay.· Essentially, we're talking about
18· · · · Q.· ·Yeah. 18· ·the -- your recollection of the complaint that you
19· · · · A.· ·Yes. 19· ·made to Kirk Ferentz in 2015.· Let me ask you first,
20· · · · Q.· ·Okay.· Thank you. 20· ·was it more than once in 2015, if you can recall, or
21· · · · · · ·MR. SOLOMON-SIMMONS:· Can we take a small 21· ·do you recall one time?
22· ·break -- 22· · · · A.· ·I can't recall -- I can't recall how many
23· · · · · · ·MR. STONE:· Yeah. 23· ·times, but I know there were -- I spoke to him a few
24· · · · · · ·MR. SOLOMON-SIMMONS:· -- go off the 24· ·times.· We met a few times.
25· ·record?· My wife is calling me. 25· · · · Q.· ·Okay.· What was it that caused you to go

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·1· ·to him the first time to complain about your ·1· ·know it wasn't during the actual season.
·2· ·treatment?· What was it that caused you to go see ·2· · · · Q.· ·So what did you say to Kirk Ferentz that
·3· ·him? ·3· ·first time you went to see him in 2015?
·4· · · · A.· ·I know there was a time where -- I don't ·4· · · · A.· ·I spoke to him and I told him that, you
·5· ·remember the exact date, but we were -- I was below ·5· ·know, I'm gaining weight, I'm working hard and I'm
·6· ·weight.· I was -- for an example -- I'm not saying ·6· ·doing everything I possibly can, but I feel like
·7· ·these were my exact measurements, but, for example, ·7· ·Chris Doyle was being unfair to me about my weight,
·8· ·if I had to weigh -- it was like a long list of all ·8· ·you know.
·9· ·the players and all the players' goal weights and ·9· · · · · · ·It's not only -- I was just letting him
10· ·body weights, how much they weigh at the moment and 10· ·know that every time I make my weight, he'd try to
11· ·what's their goal, whether it's to gain pounds or 11· ·set it to where it's, like, within a limit where I
12· ·lose pounds.· You have to be within 2 -- you had to 12· ·can't make it, therefore, you know, they -- you
13· ·be within 2 pounds, you know, or, you know, you're 13· ·know, Chris Doyle would find a way to bump it up.
14· ·in trouble, you're a red flag. 14· ·Like I said, if I was supposed to be 182 and he seen
15· · · · · · ·And I was actually -- throughout the 15· ·me make weight, he would try to push it up to where
16· ·course of my career, I was gaining weight, but every 16· ·I would be in the red flag category.
17· ·time I would gain weight -- if my body weight was 17· · · · · · ·Like I said, it would take a toll on my
18· ·180 pounds and my goal weight was 182, if I reached 18· ·body trying to maintain and keep drinking all those
19· ·182, Chris Doyle, he would -- he'd never -- I've 19· ·shakes in order to just make weight, and then I
20· ·never seen him do this with any other white players, 20· ·would work out immediately after, causing me to
21· ·only the black players.· He would set me -- in 21· ·vomit, throw up.
22· ·particular me, he would say my goal was 184 and then 22· · · · · · ·A lot of times, I felt lightheaded.· I was
23· ·put me in a red flag.· Instead of me having a goal 23· ·bringing it to Kirk Ferentz's attention.· I didn't
24· ·of 182, once I got to 182, he would say, "Oh, you 24· ·use those exact words, but they were words along
25· ·still didn't make weight."· He was setting my weight 25· ·that line.· I was complaining about that.
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·1· ·up so it forced me to miss weight. ·1· · · · Q.· ·Anything else you can recall that you told
·2· · · · · · ·And that would take a toll -- I remember ·2· ·Kirk Ferentz?· Any other complaints besides what you
·3· ·it because it would take a toll on my body.· I would ·3· ·told us?· During this first time you went to --
·4· ·have to wake up earlier than everybody and I would ·4· · · · A.· ·During the first time?· Let's see.· What
·5· ·have to drink bottles and shakes, Gatorades, water, ·5· ·else did we speak about?· That's all I can recall
·6· ·just so I can make weight.· And I know it was just ·6· ·from that meeting about that.
·7· ·to the point where my body was breaking down. I ·7· · · · Q.· ·What do you recall Kirk Ferentz saying to
·8· ·couldn't really keep that up.· When I met with Kirk ·8· ·you about your concerns that you communicated about
·9· ·Ferentz, that was me trying to bring that to his ·9· ·the weight gain?
10· ·attention. 10· · · · A.· ·I remember Kirk Ferentz cutting me off.
11· · · · Q.· ·Did you meet in his office? 11· ·He cutted me -- he started cutting me off when --
12· · · · A.· ·Yes. 12· ·you know, I didn't really get a chance to get
13· · · · Q.· ·Do you know whether it was during the 13· ·everything I needed to get out because once you
14· ·season or was it during the summer, or can you tell 14· ·start talking in a meeting with him, he immediately
15· ·us?· We're talking about the first time that you can 15· ·cuts you off, especially when you're talking about a
16· ·recall in 2015.· Do you recall what time of the year 16· ·coach, in particular a coach like Chris Doyle, which
17· ·or what month or anything about it?· In terms of 17· ·is like -- you might as well say Chris Doyle is the
18· ·timing? 18· ·head coach as well because they both -- you know,
19· · · · A.· ·This particular meeting, I don't -- you 19· ·they're both -- I felt like they're both the same
20· ·know, like I said, I don't know the exact date and I 20· ·person in a lot of ways.
21· ·don't want to guess, but if I would put a date on 21· · · · · · ·So when I started speaking about that, he
22· ·it, it would be during, like, camp -- during camp or 22· ·cut me off.· He really -- he brushed it off and he'd
23· ·just getting out of the camp heading into the 23· ·say, "Well --" it must have been like I might as
24· ·season, but I remember it wasn't during the actual 24· ·well have been talking to like a wall because it's
25· ·season.· It could have been spring ball.· I just 25· ·like he didn't hear or he didn't feel where I was

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·1· ·coming from.· He just goes "Well, well, he doesn't ·1· · · · A.· ·Well, I didn't speak to him about those
·2· ·mean any harm.· He wants you to gain weight.· We ·2· ·guys.· He was speaking to me about those guys.
·3· ·want you to gain weight." ·3· · · · Q.· ·Yeah.· If I wasn't clear, that was what my
·4· · · · · · ·But I'm, like, there's ways of doing ·4· ·question was about.· When Kirk Ferentz talked to you
·5· ·things.· I came in here at 167 and I'm gaining ·5· ·about Fred Russell, Ronnie Harmon, or Shonn Greene,
·6· ·weight, but when you, you know -- when you -- I feel ·6· ·was it about their experiences of those three backs
·7· ·like, you know, it's a problem because, you know, ·7· ·and how they gained weight during their
·8· ·it's affecting my health.· It's affecting my mental ·8· ·participation in the Iowa program?· Was that the
·9· ·health and my physical health. ·9· ·purpose of the visit?
10· · · · · · ·And, you know, I didn't get much out of 10· · · · A.· ·The purpose of the visit was for me to --
11· ·that, you know.· That's when I started to realize 11· ·for me to talk about Chris Doyle.· The purpose of
12· ·that okay, I'm starting to lose trust in the head 12· ·the visit wasn't to talk about anybody else other
13· ·coach because if I'm bringing to you like a concern 13· ·than my situation with Chris Doyle, and he started
14· ·of mine and you just brush it off like that. 14· ·bringing up those backs.
15· · · · Q.· ·Can you recall anything else that Kirk 15· · · · · · ·So when he was bringing up those backs, he
16· ·Ferentz said in that first meeting where you 16· ·was talking about their careers at Iowa, and, you
17· ·complained to him about your treatment? 17· ·know, again, I still felt like they had nothing to
18· · · · A.· ·None other than Kirk Ferentz brought up, 18· ·do with me, you know.· We both got -- me in
19· ·he said, "We want you to gain weight.· We want 19· ·comparison to those guys got two different body
20· ·you --" he started talking about other running backs 20· ·types.· So that's why I felt like -- you know, that
21· ·that went through the program.· I remember him 21· ·was another reason, like, I felt discouraged.
22· ·talking about them, me -- trying to compare me to 22· · · · Q.· ·Did he talk to you or tell you that any of
23· ·them, and that's about it. 23· ·those backs, Fred Russell, Ronnie Harmon, or Shonn
24· · · · · · ·We didn't -- I didn't leave that office 24· ·Greene, had gained weight during the time they were
25· ·feeling confident.· I actually -- I remember the 25· ·participating in the Iowa program?
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·1· ·feeling leaving that office feeling like, you ·1· · · · A.· ·Can you ask that question again?
·2· ·know -- like whatever, you know, like I didn't get ·2· · · · Q.· ·Yes.· When Kirk Ferentz was talking to you
·3· ·anything accomplished.· It just made me feel even ·3· ·about Fred Russell or Ronnie Harmon or Shonn Greene,
·4· ·more nervous and uncomfortable. ·4· ·did he talk to you about those backs having gained
·5· · · · Q.· ·Do you recall any names of the running ·5· ·weight during their participation in the Iowa
·6· ·backs that he discussed with you? ·6· ·football program?
·7· · · · A.· ·He would often bring up -- this is not the ·7· · · · A.· ·Yes.
·8· ·first meeting he'd always bring up, but the running ·8· · · · Q.· ·Do you have any notes or records of those
·9· ·backs he would compare me to is -- he would always ·9· ·meetings -- or that meeting with Kirk Ferentz in
10· ·bring up Fred Russell a lot, you know, Fred Russell, 10· ·2015?
11· ·and he would talk about -- sometimes he talked 11· · · · A.· ·No.
12· ·about -- I can't think of his name.· Shonn Greene. 12· · · · Q.· ·Did you -- do you recall as you sit here
13· ·And then he would -- you know, he talked about that, 13· ·today any other meeting in the year 2015 where you
14· ·and there was one other back, I think -- I can't 14· ·went to Kirk Ferentz to lodge complaints about
15· ·remember.· I'm thinking like Ronnie Harmon or 15· ·anything?
16· ·something like that. 16· · · · A.· ·No.· No.· I wouldn't -- no.
17· · · · Q.· ·Were they discussed in the sense or in the 17· · · · Q.· ·Let's go on to 2016.· Can you recall any
18· ·terms of those backs having gained weight coming 18· ·incidents where you went to discuss your complaints
19· ·into the program or being in the program? 19· ·about the program with Kirk Ferentz?
20· · · · A.· ·Can you ask that question again? 20· · · · A.· ·No.
21· · · · Q.· ·Yes.· When you talked with Kirk Ferentz 21· · · · Q.· ·And how about in the year 2017, your
22· ·about Fred Russell or Ronnie Harmon or Shonn Greene, 22· ·senior year?· Do you recall any incidents where you
23· ·was it related to how those backs had gained weight 23· ·went to complain about the program to Kirk Ferentz
24· ·during the time they were in the Iowa program?· Was 24· ·in the year 2017?
25· ·that the reason he was discussing those? 25· · · · A.· ·I want to rewind and go back to 2015.· We

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·1· ·had -- we also had another meeting in 2015, and it ·1· ·Or you can just say, you know, forget what we're
·2· ·was during the beginning of the year.· During the ·2· ·talking about and leave."· Those were the options he
·3· ·beginning of the year, in camp, we had a meeting, ·3· ·gave me.
·4· ·and I was just expressing how I felt with my ·4· · · · Q.· ·All right.· What did you say to Kirk
·5· ·position coach, which was Chris White at the time, ·5· ·Ferentz during that meeting?
·6· ·and he -- I believe -- he set up a meeting I believe ·6· · · · A.· ·If I opened my mouth, he cut me off as
·7· ·with Kirk Ferentz, and we spoke briefly. ·7· ·usual.· He always cuts you off before you can even
·8· · · · · · ·Actually, I remember Kirk Ferentz said to ·8· ·say anything.· And before I could tell him I wanted
·9· ·somebody to bring me out of position meetings to go ·9· ·to leave, he did what -- this is something he did
10· ·meet with him, and it was a meeting which -- and 10· ·twice.· Before I could tell him, open up my mouth,
11· ·actually he brought me in there because he wanted to 11· ·he goes, "Well, I'm not going --" he goes, "I'm not
12· ·meet with me.· And during that meeting, I also, you 12· ·going to let you answer now."· He goes, "One thing I
13· ·know, complained about how I was getting treated 13· ·always do is before I respond to any punishment I'm
14· ·around the program. 14· ·going to give to a player or any -- anything, I
15· · · · Q.· ·All right.· Let's see if we can flesh that 15· ·always take 24 hours, so I would like you to do the
16· ·out, Mr. Wadley.· This was in the early part of 16· ·same thing."
17· ·2015?· Is that what you're saying? 17· · · · · · ·He sent me out of -- you know, he said,
18· · · · A.· ·I would say during camp, during, like, the 18· ·"Just take the day and just think about what you
19· ·ending -- towards the ending of camp. 19· ·want to do, if you want to be here, if you want to
20· · · · Q.· ·Is that August camp or is that spring 20· ·adjust, if you want to do what we're telling you to
21· ·ball, or what are you talking about? 21· ·do.· We're going to send you to the hotel, and you
22· · · · A.· ·August camp.· August camp. 22· ·can think about that and then come back tomorrow
23· · · · Q.· ·And -- 23· ·fresh and then we'll talk.· We'll talk."
24· · · · A.· ·I remember it had to be camp because we 24· · · · · · ·So he sent me to the hotel that same day.
25· ·were -- we were in the team hotel. 25· ·I didn't finish the meetings.· I didn't finish
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·1· · · · Q.· ·What hotel was that?· Do you recall? ·1· ·practicing with the team at all.
·2· · · · A.· ·It's the same team hotel we go to every ·2· · · · Q.· ·Did you see him the next day?
·3· ·single year during camp.· I want to -- I want to say ·3· · · · A.· ·The very next day, before I did anything,
·4· ·the Marriott, but I don't know the specific hotel. ·4· ·I spoke with him.
·5· · · · Q.· ·Is it in Cedar Rapids? ·5· · · · Q.· ·What did you tell him?
·6· · · · A.· ·I think it's in Coralville.· I believe. I ·6· · · · A.· ·When I walked into the office, I told him
·7· ·believe it's in Coralville. ·7· ·I wanted to leave.
·8· · · · Q.· ·All right.· And you recall that Kirk ·8· · · · Q.· ·That you wanted to leave the program?
·9· ·Ferentz asked you to come to meet with him and ·9· · · · A.· ·Yes.
10· ·pulled you from a position meeting? 10· · · · Q.· ·Then what happened?
11· · · · A.· ·Yes. 11· · · · A.· ·Like I said, he cut me off before -- when
12· · · · Q.· ·Okay.· What was the purpose of that visit, 12· ·I was telling him I wanted to leave, he goes, "Well,
13· ·if you can recall? 13· ·before you --" he goes -- I already told him I
14· · · · A.· ·He brought me -- he brought me in the 14· ·wanted to leave, but before I could elaborate or
15· ·office.· I went in the office, and when we spoke, 15· ·just tell him, like, anything, he cut me off and
16· ·he -- you know, I had no idea what he wanted to talk 16· ·said, "Well, before you even answer that
17· ·to me about.· I feel like I put in the work during 17· ·question --" even though I answered the question
18· ·the camp and made -- you know, to make a push to, 18· ·already, he goes, "Before you even answer that
19· ·you know, contribute to the team, and when he 19· ·question, just let me get this out.· We like you.
20· ·brought me in there, he brought up my body weight 20· ·You know, you're talented.· You're a talented
21· ·and he told me that -- he gave me three options. 21· ·player.· And we just want you to -- we don't
22· · · · · · ·He's, like, "You can either gain weight 22· ·want --"
23· ·and -- gain weight when we say weight and gain 23· · · · · · ·No.· He said, "We don't want you to
24· ·weight over time or you can go to defense.· We're 24· ·leave."· That's what he said, "We don't want you to
25· ·going to put you on defense and you can play corner. 25· ·leave.· You know, you're a talented player.· We just

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·1· ·want you to buy into the Iowa way, you know.· We ·1· ·him, like how could I have a heart-to-heart with him
·2· ·want you, you know, just to do better." ·2· ·when, you know, I just spoke with him.· You want me
·3· · · · · · ·And I was so -- and I remember it like it ·3· ·to keep speaking to him about the same issues?
·4· ·was yesterday because of the feeling I felt.· Like, ·4· · · · · · ·And eventually I moved to offense, but at
·5· ·again, I felt betrayed, I felt discouraged, because ·5· ·the time, they had moved my position.· I was at
·6· ·I put in so much work during the off-season, and I ·6· ·third string, and they moved me to the end of the
·7· ·felt like I made a pitch for myself to become, like, ·7· ·line.· So my depth -- you know, I was on defense.
·8· ·a key player that year, and at the end of camp, he ·8· ·They switched me to offense and then not only
·9· ·brings me to his office and tells me he wants me to ·9· ·switched me to offense.· They put me at the bottom
10· ·play defense or -- you know, or basically I could 10· ·of the list.
11· ·leave or basically just leave. 11· · · · Q.· ·So when were you back on the offensive
12· · · · · · ·So that's when he said, "Well, we don't 12· ·team?· Before the season -- the 2017 season started?
13· ·want you to leave.· We just want you to, you know, 13· ·Excuse me.· The 2015 season started?
14· ·do things the Iowa way.· We're going to try you on 14· · · · A.· ·I was back on offense -- I would say I
15· ·defense.· We're going to try you on defense and, you 15· ·wasn't on defense for no longer than a week.
16· ·know, just see how it is." 16· · · · Q.· ·So were you back on offense in August of
17· · · · Q.· ·So did you ever go to defense? 17· ·2015?
18· · · · A.· ·I did. 18· · · · A.· ·I can't recall.· I can't recall.
19· · · · Q.· ·How long were you on the defensive side? 19· · · · Q.· ·When the season started in 2015, you were
20· · · · A.· ·Not long.· Not long, because I remember 20· ·on the offensive team when the --
21· ·speaking to my position coach after the first day of 21· · · · A.· ·Yes.· Yes.
22· ·me going -- I had to meet -- I met with Phil Parker, 22· · · · Q.· ·Had you worked your way back to being the
23· ·and Phil Parker just -- in my meeting with him, you 23· ·third back of choice behind LeShun Daniels and
24· ·know, he -- I remember him trying to show me some 24· ·Jordan Canzeri?
25· ·packages on the defense, and I'm just so zoned out 25· · · · A.· ·Can you ask that question again?
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·1· ·because, you know, like, I don't want to play ·1· · · · Q.· ·Were there backs that were ahead of you,
·2· ·defense.· I don't even want to be here at this ·2· ·namely LeShun Daniels and Jordan Canzeri?
·3· ·point, you know. ·3· · · · A.· ·Yes.· And at times, Derrick Mitchell was
·4· · · · · · ·And I remember after practice -- we had ·4· ·ahead of me, but we both kept flip-flopping, me and
·5· ·practice on the game field that day and I was ·5· ·Derrick Mitchell.· We both was behind James Daniels
·6· ·terrible at corner, and I remember speaking to my ·6· ·and Jordan Canzeri.
·7· ·position coach in Chris White, telling him, like, ·7· · · · Q.· ·LeShun Daniels, correct?
·8· ·you know, "I can't do it.· You know, I put in all ·8· · · · A.· ·Yes.
·9· ·the work." ·9· · · · Q.· ·And then after this meeting that you
10· · · · · · ·I was venting to him like "I'm ready to 10· ·talked about in August of 2015 with Kirk Ferentz,
11· ·leave.· I'm ready to catch my flight.· I'm ready to 11· ·you then had another meeting with him in 2015 about
12· ·go."· In fact, around that time -- well, that's -- 12· ·your weight during which time he discussed Fred
13· ·you know, we don't need to get into that, but that's 13· ·Russell and Ronnie Harmon and Shonn Greene; is that
14· ·what it was. 14· ·correct?
15· · · · Q.· ·And so this was resolved by you going back 15· · · · A.· ·Yes.
16· ·to offense? 16· · · · Q.· ·Have you now told me everything that you
17· · · · A.· ·I was on defense.· I couldn't play -- I 17· ·can recall about meetings with Kirk Ferentz about
18· ·really wasn't a good defensive player, and I spoke 18· ·your complaints in the year 2015?
19· ·to Chris White, and then what he was telling me "Oh, 19· · · · A.· ·Yes.
20· ·I have no control over that.· You need to have a 20· · · · Q.· ·I believe you previously told me you did
21· ·heart-to-heart with Kirk Ferentz." 21· ·not recall a meeting with Kirk Ferentz about your
22· · · · · · ·You know, at this point, I feel like he 22· ·complaints in 2016; is that true?
23· ·was -- you know, he was just like -- talking to him 23· · · · A.· ·Yes.
24· ·wasn't doing me no better anyway, because I just 24· · · · Q.· ·Let's go on to 2017.· Do you recall any
25· ·spoke to Kirk Ferentz, and that's what I was telling 25· ·meeting with Kirk Ferentz about your complaints

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·1· ·during the year 2017? ·1· · · · · · ·He goes, "Well, we'll set you up on a
·2· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form. ·2· ·flight and we'll make sure everything, you know, is
·3· · · · Q.· ·(By Mr. Stone) You may still answer the ·3· ·good with you."· He asked when will I be back, and
·4· ·question.· Do you understand the question, ·4· ·he goes, you know -- before he asked any of that, he
·5· ·Mr. Wadley? ·5· ·goes, "Well, did you go to the hospital the other
·6· · · · A.· ·I understand the question, but right now ·6· ·night?"· I'm, like, "Yes, I went to the hospital,"
·7· ·I'm thinking, because me and Kirk Ferentz, we had, ·7· ·and I explained to him I was really having knee
·8· ·like, numerous meetings then.· There was one other ·8· ·problems.
·9· ·meeting I remember meeting with Kirk Ferentz that I ·9· · · · · · ·Then he started talking about "Well, you
10· ·was trying to explain my complaints, and I just 10· ·know when you go to the hospital, you could have
11· ·can't remember the exact date, but I remember the 11· ·just contacted Russ or Doug.· They could have
12· ·meeting.· And I'm not sure the year.· I'm trying 12· ·reached out or they could have helped you.· When you
13· ·to -- that's why I'm thinking.· I'm really trying to 13· ·go to the hospital, it costs -- as soon as you --
14· ·think like -- because I met with him again and -- 14· ·before you even get in the chair, it costs money.
15· ·I'm trying to figure out when was it. 15· ·It costs about, like, anywhere --" I don't remember
16· · · · Q.· ·Well, why don't you tell me about the 16· ·the exact number, but it was in the thousands.
17· ·meeting, and maybe as we visit about it, the timing 17· · · · · · ·He's, like, "It costs thousands of dollars
18· ·will come to you.· So tell me what the subject was. 18· ·to just be seen, just to sit in a chair inside a
19· · · · A.· ·I was -- one night, I was in pain.· I was 19· ·room, just to get a room, and then they start -- the
20· ·in pain with my leg, and I was trying to get in 20· ·longer you're in there, they really don't treat
21· ·contact with Doug or one of the athletic training 21· ·anything.· They -- it just becomes a bill and it's
22· ·staff, and I couldn't.· It was at night.· And I 22· ·like money, you know, towards the school."· He's,
23· ·ended up going to the hospital on my own.· I went to 23· ·like, "When you easily could have just seen Russ and
24· ·the hospital. 24· ·Doug."
25· · · · · · ·And they treated me in the hospital, and 25· · · · · · ·So at the time, I'm, like, you really want
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·1· ·then I know the next day or a few days -- I wouldn't ·1· ·to talk to me about this at this moment?· You picked
·2· ·say the very next day, but either the next day or a ·2· ·this time to talk to me at this moment about that?
·3· ·few days afterwards, I spoke with Kirk Ferentz on ·3· ·That was another time we spoke and, you know, just
·4· ·that situation, and he was, you know, kind of -- was ·4· ·rubbed me -- rubbed me the wrong way.
·5· ·pretty annoyed.· He was mad that I actually went to ·5· · · · Q.· ·Do you remember the year that your
·6· ·the hospital.· And the reason -- yeah.· I remember ·6· ·grandmother passed away, Mr. Wadley?
·7· ·that. ·7· · · · A.· ·It was 2015.
·8· · · · Q.· ·What was your injury, Mr. Wadley? ·8· · · · Q.· ·Did the University of Iowa furnish you
·9· · · · A.· ·I was having knee pain.· Like, my knee ·9· ·with a flight and transportation to and from your
10· ·was, like, in big pain. 10· ·grandmother's funeral in 2015?
11· · · · Q.· ·And then you visited with Kirk Ferentz 11· · · · A.· ·Excuse me?· Can you ask that question
12· ·about your visit to the hospital, and what did he 12· ·again?
13· ·tell you about that visit? 13· · · · Q.· ·Yes.· Did the University of Iowa furnish
14· · · · A.· ·I didn't visit to him about that.· My 14· ·you with a plane flight and compensation to go to
15· ·issue, I was being -- I was letting him know that I 15· ·and from your grandmother's funeral in 2015?
16· ·had to leave because, you know, my grandmother 16· · · · A.· ·I don't remember them giving me any
17· ·passed, and I needed to leave and attend, you know, 17· ·compensation.· I remember them paying for my flight.
18· ·my grandmother's funeral. 18· · · · Q.· ·They paid your expenses, then?· The travel
19· · · · · · ·And when I was telling him that, I 19· ·expenses of flying to the funeral?
20· ·remember him cutting me off saying that, you know, 20· · · · A.· ·I know that -- I know that my flight -- I
21· ·he -- he barely acknowledged my grandmother passing 21· ·didn't have to pay for my flight.· I know that -- I
22· ·because -- that's why it stuck out and I remember it 22· ·think Broderick -- I don't know if it was him in
23· ·so well.· He didn't even acknowledge or say, you 23· ·particular.· I think he sent me my flight
24· ·know, "I'm sorry for your loss," you know, or any of 24· ·information.· I know I didn't pay for my flight.
25· ·that. 25· · · · Q.· ·As you talk through this, does that help

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·1· ·you identify when in 2015 or do you have a ·1· · · · Q.· ·Or 2015 or 2014?· Correct?
·2· ·recollection of what time in 2015 this all occurred? ·2· · · · A.· ·No.· No.
·3· · · · A.· ·I believe it was during the season. ·3· · · · Q.· ·And so, essentially, during the time that
·4· · · · Q.· ·Did you miss a game or miss practice ·4· ·he wasn't your position coach, he didn't have much
·5· ·during the season?· Do you remember? ·5· ·to do with you at all, did he?
·6· · · · A.· ·I believe I missed practice. ·6· · · · A.· ·We had encounters, but I didn't know Brian
·7· · · · Q.· ·But you were back in time for the next ·7· ·Ferentz how I know him now up until, like, you know,
·8· ·game? ·8· ·those -- 2013 through 20 -- the end of 2015, going
·9· · · · A.· ·Yeah.· I didn't miss any games. ·9· ·into 2016, I didn't really know too much about him,
10· · · · Q.· ·All right. 10· ·but our encounters we had with each other, it wasn't
11· · · · A.· ·That was another thing.· That was another 11· ·always good.
12· ·thing I wanted to add.· Brian Ferentz, he was -- 12· · · · · · ·He always had, like, a racist joke or
13· ·they was kind of rushing me back.· They didn't even 13· ·something he would shout out or he always tried to,
14· ·give me a chance to really grieve in peace.· They 14· ·like -- you know, trying to be funny or just -- you
15· ·didn't give me a chance to, you know, be with my 15· ·know, he had this, I guess, aggressive demeanor or,
16· ·family.· They was really rushing me back. 16· ·you know, like just a strange demeanor.· I'd just
17· · · · · · ·I got a call from Chris White asking me 17· ·stay away from him.
18· ·when I'm coming back.· You know, he goes, "Well, you 18· · · · Q.· ·And then in 2017, he was your position
19· ·know, the coaches -- you know, you've been gone for 19· ·coach as well as the offensive coordinator.· Is that
20· ·a while and, you know -- you know, the coaches, they 20· ·your recollection?
21· ·don't know if you -- you know, you're going to be 21· · · · A.· ·Yes.
22· ·ready" or something like that, and I wasn't even 22· · · · Q.· ·At any time up to 2016 and before 2016,
23· ·gone that long.· And I just felt over it. 23· ·did you ever go to Brian Ferentz to complain to him
24· · · · Q.· ·Have we now talked about all of the 24· ·about any of your issues?
25· ·meetings that you can recall meeting with Kirk 25· · · · A.· ·When he became my position coach?
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·1· ·Ferentz about your complaints? ·1· · · · Q.· ·No.· I'm just trying to close out what you
·2· · · · A.· ·Yes, that's -- from my recollection, yes, ·2· ·can recall before that time.· Up through the end of
·3· ·but we met other times.· And a lot of times, I ·3· ·2016, which would have been through the Outback Bowl
·4· ·remember him, like, really leading all the meetings. ·4· ·of January 1st of 2017 -- at any time before that
·5· ·He would barely, like, let black players talk. ·5· ·Outback Bowl, did you go to Brian Ferentz to tell
·6· ·Well, me.· He didn't let me talk in the meetings we ·6· ·him your complaints about the program?
·7· ·had. ·7· · · · A.· ·No.
·8· · · · Q.· ·Have we now talked about every time that ·8· · · · Q.· ·And then he became your position coach and
·9· ·you can recall going to Kirk Ferentz to give him ·9· ·your offensive coordinator in 2017, correct?
10· ·complaints? 10· · · · A.· ·Yes.
11· · · · A.· ·Yes. 11· · · · Q.· ·And Chris White was gone?
12· · · · Q.· ·Did you complain to Coach Brian Ferentz 12· · · · A.· ·Yes.
13· ·about your complaints? 13· · · · Q.· ·As you sit here today, can you recall
14· · · · A.· ·No. 14· ·visiting with Chris White before he was gone, during
15· · · · Q.· ·Coach Brian Ferentz was the offensive line 15· ·the last couple of months, about any complaints you
16· ·coach through the end of the year 2016, correct? 16· ·had?
17· · · · A.· ·I don't know what Brian Ferentz was. I 17· · · · A.· ·Yes.
18· ·know in my senior year, he was my position coach. 18· · · · Q.· ·When do you recall visiting with Chris
19· · · · Q.· ·He was the offensive coordinator in 2017; 19· ·White during those last couple of months of the time
20· ·is that correct? 20· ·before he was gone?
21· · · · A.· ·And he was the position -- he was my 21· · · · A.· ·Can you ask the question previously,
22· ·running back position coach, yes. 22· ·before that?
23· · · · Q.· ·My question earlier went to 2016, but in 23· · · · Q.· ·I'll try to rephrase the question. I
24· ·2016, he was not your position coach, was he? 24· ·guess I'm curious as to when you visited with Chris
25· · · · A.· ·No. 25· ·White about your complaints about the program, if

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·1· ·you can recall.· You mentioned he was involved in ·1· ·didn't have any complaints because I was just trying
·2· ·this August 2015 possible move to defense and then ·2· ·to figure out what's what, you know.
·3· ·coming back to the offensive team. ·3· · · · Q.· ·I'm trying to focus, if we can, on the
·4· · · · A.· ·Yes. ·4· ·meetings that you recall when you had complaints
·5· · · · Q.· ·Did you have another chance to talk to ·5· ·with respect to the program that you took to Coach
·6· ·Chris White after that incident? ·6· ·Chris Doyle.· Can you recall any meeting?
·7· · · · A.· ·Yes.· We spoke -- me and Chris White spoke ·7· · · · A.· ·I recall the one -- I recall a meeting
·8· ·plenty of times.· I kind of -- go ahead. ·8· ·where I was speaking to him about being unfair about
·9· · · · Q.· ·Well, leading up to the Outback Bowl ·9· ·my weight.· Every time I gained weight, he was
10· ·January 1st of 2017, do you recall any discussions 10· ·trying to make it so that I don't hit my target and,
11· ·with Chris White during that time frame? 11· ·you know, figure out a way to punish me for it.
12· · · · A.· ·Yes. 12· ·That's what I brought to his attention when we met.
13· · · · Q.· ·What do you recall? 13· · · · Q.· ·You felt like he was, so to speak, moving
14· · · · A.· ·Oh, are you talking about throughout my 14· ·the goal post on your weight gain and you couldn't
15· ·course with Coach Chris White or are you talking 15· ·get up to where he wanted you to be?
16· ·about -- what specific time frame are you talking 16· · · · A.· ·I feel though -- I feel as though -- well,
17· ·about?· Are you talking about throughout my years 17· ·that was happening.· I don't really know his
18· ·while he's been my coach? 18· ·specific reason.· That just wasn't happening with
19· · · · Q.· ·Well, let's come back.· Let's finish Brian 19· ·me.· From my knowledge, that happened to other black
20· ·Ferentz and we'll come back to Chris White, okay? 20· ·players.· But yeah, that's exactly what he was
21· · · · A.· ·Okay. 21· ·doing.
22· · · · Q.· ·My questions now -- let's try to focus in 22· · · · Q.· ·So when is the first time that you can
23· ·on Brian Ferentz.· And we talked about up through 23· ·recall speaking with Coach Chris Doyle about your
24· ·the Outback Bowl, January 1st of 2017, and then he 24· ·complaints about how he was coaching you or managing
25· ·becomes your position coach and the offensive 25· ·or instructing you on your weight gain?
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·1· ·coordinator in 2017.· Did you have occasion during ·1· · · · A.· ·I remember the first time, one time -- I
·2· ·2017 to go to Brian Ferentz with complaints? ·2· ·can't remember the exact date, but I was trying -- I
·3· · · · A.· ·No. ·3· ·was struggling.· I had to be in between the 180-184
·4· · · · Q.· ·Is there any time during the time you were ·4· ·range, and that was when he was -- you know, started
·5· ·participating in the Iowa football program that you ·5· ·bumping me up to move me out of play so that I can't
·6· ·took complaints to Brian Ferentz? ·6· ·make weight.
·7· · · · A.· ·No. ·7· · · · · · ·So there was one morning I remember going
·8· · · · Q.· ·Let's talk about Coach Chris Doyle.· He ·8· ·in.· I remember waking up two hours -- probably two
·9· ·was the strength and conditioning coach, correct? ·9· ·hours and a half before I left.· I was down, like, 5
10· · · · A.· ·Yes. 10· ·to 6 pounds and I drunk about, like, three shakes --
11· · · · Q.· ·Did you take complaints that you had to 11· ·like a Gatorade, a water, and a shake that they
12· ·Chris Doyle to talk to Chris Doyle about those 12· ·provided, because I was on a shake list.· I drunk
13· ·complaints? 13· ·all of that just to weigh in in the weight room.
14· · · · A.· ·Yes. 14· · · · · · ·After I weighed in -- I stepped on the
15· · · · Q.· ·When did you talk to Chris Doyle about 15· ·scale and I made weight.· I was within 2.· After I
16· ·complaints you had? 16· ·did all of that, when I stepped off the scale, I
17· · · · A.· ·We spoke -- I don't remember the exact 17· ·couldn't run to the bathroom like I usually do. I
18· ·dates, but we spoke frequently. 18· ·couldn't hold it in no more.· All of it came up
19· · · · Q.· ·Did you speak in the weight room? 19· ·right in front of all the strength and conditioning
20· · · · A.· ·We spoke in the weight room which -- in 20· ·coaches.· I threw up in front of everybody, like all
21· ·his office, which was in the weight room. 21· ·of the coaches, in the trash can right next to the
22· · · · Q.· ·When do you recall first talking with 22· ·shake machine, the sink, in that trash can.
23· ·Chris Doyle about complaints you had? 23· · · · · · ·And he looked at me for a second and then
24· · · · A.· ·My very first meeting with him when I 24· ·he told me to get back on the scale.· When I got
25· ·first got on campus, we spoke and we met, but I 25· ·back on the scale, I missed weight, and he was so

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·1· ·mad.· He just -- you know, he looked at me and he ·1· ·Mr. Solomon-Simmons and Mr. Parker not present.)
·2· ·just started, like, letting me have it.· I kind of ·2· · · · · · ·VIDEOGRAPHER:· On the record at 1:04 p.m.
·3· ·zoned out because I was already feeling sick, and I ·3· · · · Q.· ·(By Mr. Stone) Thank you.· Mr. Wadley, I
·4· ·don't remember the exact words he was saying, but I ·4· ·think we were discussing the times that you met with
·5· ·remember him calling me, like, words like "Oh, bum" ·5· ·Chris Doyle and lodged complaints with him.· We were
·6· ·or just saying "You can't like --" you know, there's ·6· ·talking about the first time that you talked with
·7· ·a difference between coaching somebody up and, like, ·7· ·him about weight gain.· Had we completed that
·8· ·really just bullying them, and I just felt like I ·8· ·conversation?· Have you told me everything you can
·9· ·was being bullied. ·9· ·recall about that first meeting?
10· · · · · · ·Later on, I spoke to Chris Doyle about 10· · · · A.· ·Yes.
11· ·that, probably not the same day, but I know it was 11· · · · Q.· ·Let's go on to the next time you recall
12· ·within that week, I spoke to him about that 12· ·meeting with Chris Doyle to lodge complaints about
13· ·incident, and he goes "Well, we just want you -- we 13· ·that the Iowa football program.· Do you recall a
14· ·want you to gain more weight."· I'm, like -- I was 14· ·second time.
15· ·telling him, "I've been gaining weight.· I'm just 15· · · · A.· ·We met after I was kicked out of my
16· ·not at the weight that you guys are forcing my body 16· ·workout in my senior year.
17· ·to be at, and I just don't feel comfortable keep 17· · · · Q.· ·Okay.· So the second time you recall is
18· ·pounding and pounding shakes because I'm not feeling 18· ·after the incident, you described where your knee
19· ·it." 19· ·was bothering you and you weren't performing up to
20· · · · · · ·And he was, like, "Well, you're a dynamic 20· ·the level that you wanted to and he commented on it
21· ·player."· And this is where I talked about earlier 21· ·and then he kicked you out of the practice?· Is that
22· ·when I speak with Chris Doyle and Kirk Ferentz being 22· ·the time?
23· ·almost the same person, because when I talked to him 23· · · · A.· ·That is the time.
24· ·about it, he goes, "You're a dynamic player, you 24· · · · Q.· ·Okay.· Why don't you tell me about when
25· ·know, you're talented, you know, but, you know, if 25· ·you met with him to discuss that event.
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·1· ·you think about it, Fred -- Fred Russell, he gained ·1· · · · A.· ·I spoke with Kirk Ferentz first.· He
·2· ·this amount of weight every time he was --" and then ·2· ·called me when I was home.· And then that same day,
·3· ·he started talking about running backs that he ·3· ·I came back in the afternoon and met with Chris
·4· ·coached, you know, and he claimed that they was ·4· ·Doyle.
·5· ·doing the same thing with him in particular. ·5· · · · · · ·When I met with Chris Doyle, he was just
·6· · · · · · ·And, again, I'm, like, what does that have ·6· ·saying -- he tried to play like he didn't -- like he
·7· ·to do with you disrespecting me or what that has to ·7· ·didn't really know how hurt I was or what extent of
·8· ·do with my body when we're different body types? ·8· ·an injury I was dealing with, and then he started
·9· · · · · · ·And a few days or week later, I spoke to ·9· ·talking about, you know, other running backs that
10· ·Kirk Ferentz, and that was around the conversation I 10· ·was so tough and they played through, you know,
11· ·had with him complaining about Chris Doyle, and he 11· ·things, played through injuries, and he just started
12· ·brought up the same thing about that.· So that's why 12· ·talking about how good of a player I am.
13· ·I say they're like so similar. 13· · · · · · ·You know, he didn't apologize, not one
14· · · · · · ·MR. SOLOMON-SIMMONS:· Roger, it's noon. 14· ·time, to me.· He didn't -- you know, the meeting was
15· ·Can we take a lunch here? 15· ·totally different.· The tone, you know, it was
16· · · · · · ·MR. STONE:· Yeah, we can. 16· ·totally different from our altercation.
17· · · · · · ·MR. SOLOMON-SIMMONS:· Can we start back up 17· · · · · · ·And I finished -- he made me complete the
18· ·at 1? 18· ·workout, but he adjusted the workout to where I can,
19· · · · · · ·MR. STONE:· Yeah.· As long as everybody's 19· ·you know, complete some of it, or the things that I
20· ·in their chairs ready to go at 1, we'll make what 20· ·can complete, he made me finish it.· In the
21· ·progress we can. 21· ·afternoon.
22· · · · · · ·MR. SOLOMON-SIMMONS:· Sounds good. 22· · · · Q.· ·By "finish it," what do you mean you did?
23· · · · · · ·VIDEOGRAPHER:· Off the record at 23· · · · A.· ·During the workout -- I didn't complete my
24· ·12:01 p.m. 24· ·workout because I was kicked out of the workout, so
25· · · · · · ·(Recess taken from 12:01 to 1:04 p.m. 25· ·when I returned later on that evening, he adjusted

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·1· ·my workout card.· Like, he adjusted all of the ·1· · · · Q.· ·So you recall it being in the summer
·2· ·movements on the workout that had anything to do ·2· ·before the season started, but he was not your
·3· ·with my legs, me trying to, you know, strengthen my ·3· ·position coach?
·4· ·legs.· He blocked out everything, and I finished the ·4· · · · A.· ·Well -- he was my position coach. I
·5· ·workout, everything I could do, and it was like ·5· ·believe that wasn't 2017.· I think it was -- I think
·6· ·half, half-ass. ·6· ·it was 2016 when I was splitting reps with LeShun
·7· · · · Q.· ·Had you received any medical treatment for ·7· ·Daniels because I remember it being around that time
·8· ·that injury before you met with Coach Doyle? ·8· ·because we later on had a conversation during my
·9· · · · A.· ·Yes. ·9· ·senior season about that incident, that specific
10· · · · Q.· ·What medical treatment had you received? 10· ·incident.· We had a conversation about that.
11· · · · A.· ·I was in -- I was normally in the training 11· · · · Q.· ·When you say "we had a conversation," you
12· ·staff.· I was in there every -- really every day 12· ·mean --
13· ·before practice and after practice, before we worked 13· · · · A.· ·Me and Brian Ferentz.
14· ·out and after, and I would do -- I would get in the 14· · · · Q.· ·Let's go back and get this timing of the
15· ·hot tub and then get in the pool and do dynamic 15· ·time when he asked you to practice when you were
16· ·exercises in the pool, and then I would see the 16· ·sick, okay?· You believe that was in August or in
17· ·trainers, and they would do different things, like 17· ·the summer before the season started; is that
18· ·hit it with the FAT-Tool or, you know, rub it down, 18· ·correct?
19· ·massage it.· Massage my knee.· They'd do different 19· · · · A.· ·I wouldn't say -- it wasn't before my
20· ·techniques with me. 20· ·senior -- it was in 2016 because before, I was hurt.
21· · · · Q.· ·Was there any time that you were asked to 21· ·I couldn't play anyway before I went into my senior
22· ·practice that you weren't medically cleared by the 22· ·year.· My spring ball -- I sat out spring ball
23· ·medical staff to practice? 23· ·because I had surgery and I wasn't able to play for
24· · · · A.· ·There was a -- I wouldn't say medically 24· ·a significant amount of time, so I wouldn't say it
25· ·cleared, but I wasn't clear.· Like, my health 25· ·was my 2017 senior year.
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·1· ·wasn't -- there was a few times where my health ·1· · · · · · ·Like I said, he wasn't my coach when this
·2· ·wasn't -- I wasn't ready to -- I couldn't practice ·2· ·happened.· Chris White was still my position coach
·3· ·and I was forced to practice. ·3· ·when this happened.· He just so happened to, you
·4· · · · · · ·That was one of the times, and then there ·4· ·know, have his input into that for some reason.
·5· ·was another time I was really sick.· I was really ·5· ·He's not -- you know, that's another thing that
·6· ·extremely sick, and that was an outdoor practice on ·6· ·confused me, because he's not a doctor.· He's not
·7· ·the game field where Brian Ferentz forced me to ·7· ·with the training staff.· He's not even my position
·8· ·practice through. ·8· ·coach.· And he forced me to practice.
·9· · · · Q.· ·Was that in your senior year? ·9· · · · Q.· ·Just so that we're clear on the timing,
10· · · · A.· ·I believe it was my senior year.· It was 10· ·that was in 2016, as best you recall, because LeShun
11· ·going to my senior year.· Yeah. 11· ·Daniels was still on the team?
12· · · · Q.· ·Before the -- 12· · · · A.· ·Yes.
13· · · · A.· ·It was, like, before the season.· Yeah. 13· · · · Q.· ·And Brian Ferentz wasn't your position
14· ·It was definitely before the season. 14· ·coach, which dates it sometime in the summer of 2016
15· · · · Q.· ·So before the season, during practice in 15· ·that Brian made you practice but you feel you
16· ·2017, is what you recall? 16· ·shouldn't have?
17· · · · A.· ·Yes.· Before the season, yes. 17· · · · A.· ·Yes.
18· · · · Q.· ·Were there any times in your experience at 18· · · · Q.· ·Okay.· And then you said that you had a
19· ·Iowa that -- 19· ·conversation with Brian Ferentz later in your senior
20· · · · A.· ·Let me see.· I'm trying to think about 20· ·season about that thing that occurred earlier in the
21· ·when that actually happened.· It was definitely 21· ·summer of 2016?
22· ·before my senior season.· It was, yes, before my 22· · · · A.· ·Yes.
23· ·senior season.· I don't believe he was my position 23· · · · Q.· ·Tell me about that conversation.
24· ·coach at the time, though, when that happened, I 24· · · · A.· ·He spoke on -- when I went into the office
25· ·don't believe. 25· ·when we spoke, he did most of the talking. I

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·1· ·remember we spoke on two main issues, which one of ·1· ·it's really not up to them.· It's not up to them
·2· ·them was that in particular.· He spoke about me ·2· ·whether or not -- well, it is but it's not.
·3· ·being sick, and he looked me dead in my eyes and ·3· · · · · · ·And they usually send players that are
·4· ·he's, like, "Well, I know you were sick.· I knew you ·4· ·sick home or to the back to, you know, lay down
·5· ·were sick.· I knew you couldn't go.· But sometimes ·5· ·until they can, like, reunite with the team during
·6· ·it's days like that where you really -- you don't ·6· ·meetings, but -- I don't know how to answer that
·7· ·got nothing left in the tank and you don't, you ·7· ·question because I wasn't ready.· I wasn't cleared
·8· ·know --" he goes, "you don't got nothing left in the ·8· ·to play.
·9· ·tank, and, you know, that's when we need you the ·9· · · · Q.· ·You weren't cleared to play by whom?
10· ·most, when you don't got nothing left and you go out 10· · · · A.· ·In my mind, my health, I wasn't cleared to
11· ·there anyway." 11· ·play.· Even in the training staff, I wasn't cleared
12· · · · · · ·And he brought back the play.· It was a 12· ·to play, but they wouldn't stand to, you know, try
13· ·play in that particular practice that ended the 13· ·to challenge or go against what, you know, Brian
14· ·practice on a bad note.· I think I had a miscue, a 14· ·Ferentz says.
15· ·misassignment -- a missed assignment as a running 15· · · · Q.· ·So you said when you met with Brian in
16· ·back, and when I missed that assignment on the 16· ·2017 and discussed this incident, was there a second
17· ·field, he just went through the roof.· Like his 17· ·issue that you and Brian discussed?
18· ·anger just got the best of him. 18· · · · A.· ·Yes.· We spoke about the incident where I
19· · · · · · ·You would think I've done something 19· ·had parked in his parking shot, which unknowingly I
20· ·really -- there's a difference between coaching hard 20· ·parked in his parking spot, and he was frustrated.
21· ·and how he reacted to that.· He reacted to that like 21· ·We spoke about that incident, you know, when he
22· ·I was -- like I was a hundred percent healthy.· He 22· ·threatened me and, you know, he -- we spoke about
23· ·reacted like I did it on purpose or something or I 23· ·that briefly.· He covered that topic as well.
24· ·did something to him personally, because he just 24· · · · Q.· ·What did you say to him?
25· ·went through the roof.· He went overboard.· He was 25· · · · A.· ·I didn't say -- he led the conversation.
Page 119 Page 121
·1· ·just screaming "What the hell was that?· We don't do ·1· ·He didn't give me a chance to talk.· And to be
·2· ·things -- like you know better." ·2· ·honest, he didn't want to hear anything I had to say
·3· · · · · · ·You know, he was just doing all that, and ·3· ·at all.· He led the conversation.· He was dominant
·4· ·later on, when we talked about that, he brought up ·4· ·in the conversation.· He said what he needed -- he
·5· ·that -- he said, "I knew you were sick.· I knew you ·5· ·said what he had to say.
·6· ·were sick, but, you know, it's days like that, you ·6· · · · Q.· ·What did he say?
·7· ·know, where we need you the most, when you don't got ·7· · · · A.· ·I don't remember his exact words, but he
·8· ·nothing left in the tank." ·8· ·definitely -- he was talking about that incident,
·9· · · · Q.· ·So he was describing the time in ·9· ·and then he bridged into that incident.· I'm not
10· ·approximately August 2016 when he had you practice 10· ·sure what order it was, but he was, like, just
11· ·and you thought you were too sick to practice? 11· ·bringing up different -- just different times, and
12· · · · A.· ·I didn't think.· I was sick.· It was 12· ·he was, like, "You're damn right I was -- you're
13· ·documented I was sick.· I was laying inside of the 13· ·damn right I was frustrated you parked in my spot,"
14· ·trainer room.· They sent me to the back room 14· ·and he said -- he goes, "You know what?· You know
15· ·where -- it was just a room, and you sit and lay on 15· ·why I was really frustrated?· It's because I get
16· ·the table until everybody finishes doing what 16· ·here early, and I get here early sometimes where no
17· ·they're doing, and then you can reunite with the 17· ·cars is here, nobody can't park in my spot, but
18· ·team, or sometimes they send you home if you're sick 18· ·you're damn right I was frustrated.· And yes, I did
19· ·because they don't want any other players to get 19· ·let you have it.· I did."
20· ·sick.· So we was talking about that time. 20· · · · · · ·And he didn't apologize at all.· He
21· · · · Q.· ·Had you been cleared medically to practice 21· ·didn't, you know, think he went overboard or any of
22· ·that day, to be on the field? 22· ·that.· He just was, like, really venting to me how
23· · · · A.· ·I was -- I honestly can't answer that 23· ·he felt about me doing that.· And I was trying to
24· ·question because Russ, Doug, they knew I was sick, 24· ·explain.· I'm like, "Well, I didn't know that was
25· ·and they actually wanted to send me to the back, but 25· ·your parking --" he said, "What?"· He didn't believe

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·1· ·that I honestly didn't know that was his parking ·1· · · · A.· ·Yes.· It was with Liz Tovar.· We were in
·2· ·spot, because if I knew that was his parking spot, I ·2· ·her office.
·3· ·wouldn't have dared parked there at all, and he ·3· · · · Q.· ·Did Brian Ferentz ever deal any punishment
·4· ·didn't believe me.· He just didn't believe what I ·4· ·to you for anything that you did in the Iowa
·5· ·had to say.· He didn't like -- he didn't want to ·5· ·program?
·6· ·hear it. ·6· · · · A.· ·Yes.
·7· · · · Q.· ·So what else was said at the meeting by ·7· · · · Q.· ·What was that?
·8· ·you or him, if you can recall, or have you covered ·8· · · · A.· ·He loaded me up with some community
·9· ·it? ·9· ·service.· It was for something I just -- it was out
10· · · · A.· ·What else was said?· He was just 10· ·of nowhere one day.· I just -- he just texted me
11· ·explaining to me how, you know -- what is he -- he 11· ·and -- well, it wasn't him.· It was Broderick that
12· ·was explaining to me he told me I was a good player 12· ·reached out to me and just was telling me I got -- I
13· ·and he was telling me how much I've grown, and just 13· ·don't remember the amount of hours they told me, but
14· ·wasn't no complaints or anything.· He was just 14· ·I had community service, and I was just confused one
15· ·saying, "You're a good player.· You just need to 15· ·time, you know.· That was one time.
16· ·focus on the details, focus on the Iowa way," and 16· · · · Q.· ·What did Brian Ferentz have to do with
17· ·just -- that's what the conversation was about. 17· ·Broderick Binns giving you community service?
18· · · · Q.· ·Have you now told me everything you can 18· · · · A.· ·He was the one that -- Broderick Binns was
19· ·recall about meetings you had with Brian Ferentz 19· ·saying that he was the one -- he said, "Talk to
20· ·where you discussed complaints about the Iowa 20· ·Brian Ferentz," because I asked him "What did I do?
21· ·program? 21· ·What did I do?· What's going on?· Why am I getting
22· · · · A.· ·Yes.· We had another meeting, but it 22· ·community service?"· He said, "You need to talk to
23· ·wasn't no complaint. 23· ·Brian Ferentz."
24· · · · Q.· ·What took place at that meeting, the other 24· · · · Q.· ·Did you talk to Brian?
25· ·meeting? 25· · · · A.· ·We spoke -- we did speak on that when I
Page 123 Page 125
·1· · · · A.· ·We was just speaking on -- we spoke about ·1· ·asked him.· We spoke briefly and -- yes.
·2· ·my -- you know, ways of -- you know, my academics ·2· · · · Q.· ·What did he tell you the community service
·3· ·getting -- you know, just keeping me up above the ·3· ·was for?
·4· ·GPA so I would be eligible to play.· We spoke on ·4· · · · A.· ·He told me he's giving me community
·5· ·different things, you know, I can do in order to ·5· ·service because I showed up late for a meeting, a
·6· ·keep my grades active and eligible to play football ·6· ·position meeting, I believe.· It had to be a
·7· ·still. ·7· ·position meeting.· Because I usually don't show up
·8· · · · Q.· ·What did he suggest or tell you? ·8· ·late to work.· I think I showed up late -- or I
·9· · · · A.· ·Well, he definitely -- he talked about ·9· ·missed -- I might have missed a meeting, I believe,
10· ·tutoring.· You know, I already had tutors and that. 10· ·and he loaded me up with hours, like community
11· ·And then I had -- we spoke about getting me tested, 11· ·service hours, in which, like, he didn't do any --
12· ·getting me tested for -- something like getting me 12· ·like, I don't remember him giving any white players
13· ·tested to see if I can take, like, my finals, the 13· ·community service, let alone running backs, like
14· ·exams I was taking, to get longer times to do it. 14· ·white running backs, community service for, you
15· ·We spoke about that.· That's what it was. 15· ·know, minor errors.
16· · · · · · ·The work -- you know, just every time I 16· · · · Q.· ·Do you know who else got community service
17· ·take a final or an exam, I was just -- I wasn't 17· ·of any kind?
18· ·really having enough time to comprehend what was, 18· · · · A.· ·Yes.· I was in -- issued by Brian Ferentz
19· ·you know, on paper.· I was trying -- I just needed a 19· ·or period?
20· ·little bit longer time on certain exams and the 20· · · · Q.· ·Well, let's talk about Brian Ferentz
21· ·courses I was taking, and that was for me to get 21· ·first.
22· ·tested.· That's what he recommended. 22· · · · A.· ·No.
23· · · · Q.· ·So this meeting that you're describing 23· · · · Q.· ·Do you know specifically whether he gave
24· ·with Brian was about your academic career and how to 24· ·community service to any other players?
25· ·get through and maintain your academic eligibility? 25· · · · A.· ·No.

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·1· · · · Q.· ·Have you now told me everything you can ·1· · · · Q.· ·Were you late for the meeting?
·2· ·recall about the meetings you had with Brian Ferentz ·2· · · · A.· ·I was.
·3· ·about complaints about the Iowa program? ·3· · · · Q.· ·Did you sit out the first quarter?
·4· · · · A.· ·We had another meeting -- we had another ·4· · · · A.· ·No, because -- no.· I sat out the first
·5· ·meeting prior to the game.· It was actually on a ·5· ·couple drives, and then they felt -- Illinois
·6· ·game day.· We were playing against Illinois.· We had ·6· ·started -- they was about to start winning, and they
·7· ·a meeting, and we both had our complaints, but, you ·7· ·threw me right in the game.· He threw me right in
·8· ·know ... ·8· ·the game.
·9· · · · Q.· ·What were you complaining about? ·9· · · · Q.· ·Now have you told me everything you can
10· · · · A.· ·I was trying to explain to him -- it was a 10· ·recall about meetings with Kirk Ferentz -- excuse
11· ·meeting before we go out to go jump on the bus to go 11· ·me, Brian Ferentz -- I'm just talking about Brian --
12· ·to the field.· I was in the bathroom in my hotel 12· ·that you can recall where you had meetings with
13· ·room that I got -- I had a bad stomach.· I was using 13· ·Brian Ferentz about complaints you had?
14· ·the bathroom. 14· · · · A.· ·Yes.
15· · · · · · ·I came late to that meeting, probably, 15· · · · Q.· ·Let's go back to Chris Doyle.· And I think
16· ·like, five minutes late, like not even long. I 16· ·we finished the first time that you talked with
17· ·walked in there, and as soon as I opened the door, 17· ·Chris Doyle about weight gain.· Did you have other
18· ·he's, like, "Just leave.· Just go.· Just go.· I'll 18· ·meetings with Chris Doyle where you talked about
19· ·deal with you in a minute."· In front of the whole 19· ·complaints about the Iowa program?
20· ·team, the whole staff, coaches, everybody.· Like, 20· · · · A.· ·No.
21· ·even, you know -- everybody in the staff, he did 21· · · · Q.· ·Did you have meetings with Chris White
22· ·that. 22· ·where you discussed complaints you had about the
23· · · · · · ·And then -- we met as an offense, and then 23· ·Iowa program?
24· ·right after the offensive meeting, he let everybody 24· · · · A.· ·Yes.
25· ·leave the room, and me and him had a meeting right 25· · · · Q.· ·When was your first meeting with Chris
Page 127 Page 129
·1· ·then and there right before we got on the bus to go ·1· ·White about complaints about the Iowa program?
·2· ·to the game. ·2· · · · A.· ·You said our very first meeting or ...
·3· · · · Q.· ·What did you and he talk about? ·3· · · · Q.· ·Well, I mean, he was your position coach,
·4· · · · A.· ·Well, I was trying to explain to him that ·4· ·correct, when you came to the university; is that
·5· ·I had a bad stomach, I was using the bathroom. I ·5· ·right?
·6· ·didn't intentionally miss -- I never in my career ·6· · · · A.· ·Yes.
·7· ·missed a meeting before game -- well, on game day, ·7· · · · Q.· ·What I'm really looking at is the first
·8· ·and I was trying to explain that to him, and he ·8· ·time you can recall discussing with him complaints
·9· ·looked at me and was, like -- he cut me off. ·9· ·that you had about the Iowa program, where you went
10· · · · · · ·He cut me off and he says, "Well, I --" he 10· ·to Chris White to complain about the Iowa program.
11· ·said, "I wouldn't give a damn if you was --" he said 11· · · · A.· ·Yes.· It was -- the first time, I believe
12· ·something like, "I wouldn't give a damn if you 12· ·it was -- it was around that time where -- an
13· ·shitted on yourself.· I wouldn't give a damn if you 13· ·incident I explained earlier when they tried to move
14· ·shitted on yourself.· You're not going to miss a 14· ·me to defense.· When they moved -- when Kirk Ferentz
15· ·team meeting before the game and think you can do 15· ·moved me to defense, I went and spoke to him about,
16· ·that and get away with it.· Therefore, I'm going 16· ·you know, my complaints with the Iowa football
17· ·to -- I'm going to start --" I think he started 17· ·program.· That was one of the first times we spoke.
18· ·Ivory or Toren, younger running back.· He said, "I'm 18· · · · Q.· ·I think you earlier -- and correct me if
19· ·going to bench you for the first quarter," whatever. 19· ·I'm wrong, but I believe you earlier identified
20· ·"You don't get in the tank.· You just pick up from 20· ·August 2015, before the 2015 season, as the time
21· ·there." 21· ·when you were temporarily, for about a week, perhaps
22· · · · · · ·And I was just shocked.· I was, like, "Are 22· ·moving to defense; is that correct?
23· ·you serious?"· I've never seen him to do that to 23· · · · A.· ·Yes.
24· ·any -- no white players.· I haven't seen him give 24· · · · Q.· ·And it was about that time that you talked
25· ·them any punishment at all. 25· ·to Chris White?

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·1· · · · A.· ·Yes. ·1· ·I would try to explain to him, you know, "This ain't
·2· · · · Q.· ·What did you tell him? ·2· ·fair.· They keep boosting my weight up every time I
·3· · · · A.· ·I had a few complaints that I brought to ·3· ·make weight or they try to make it somewhere that I
·4· ·Chris White because he was -- Chris White was being ·4· ·cannot make my weight so they can have something to
·5· ·dishonest to me.· He was being dishonest to the ·5· ·talk about."
·6· ·running backs.· And I was just bringing that to his ·6· · · · Q.· ·All right.· Anything else that you and
·7· ·attention. ·7· ·Chris White talked about that you haven't told me
·8· · · · · · ·And I felt -- I didn't want to -- I felt ·8· ·when you and Chris White met first to discuss your
·9· ·like he had a big, huge problem with what was going ·9· ·complaints about the Iowa football program?
10· ·on.· He was in the middle of it.· But now that I 10· · · · A.· ·Yes.
11· ·look at it, he really -- he didn't, as far as what I 11· · · · Q.· ·I need to ask you what you mean by the
12· ·know, because he -- my first complaint to Chris 12· ·word -- or the answer "Yes."· Have you told me
13· ·White, I remember he would have a meeting with me 13· ·everything you can recall about that first meeting?
14· ·and he would tell me "Hey, man, we're trying to get 14· · · · A.· ·Yes, I told you everything I can recall.
15· ·you the ball coming up.· Next seasons, we're trying 15· ·Yes.
16· ·to at least reserve you and get you the ball 20 to 16· · · · Q.· ·Thank you.· Do you recall the next time
17· ·30 times a game." 17· ·you visited with Chris White about complaints about
18· · · · · · ·He would say that to me.· Me and Derrick 18· ·the Iowa program?
19· ·Mitchell was roommates.· We was best friends.· And 19· · · · A.· ·Yes.· Yes.
20· ·he would bring him in there after he left the 20· · · · Q.· ·What was that meeting?
21· ·meeting with me, and he would go "Man, we're trying 21· · · · A.· ·Well, we spoke briefly.· If I can rewind
22· ·to get you the ball 20, 30 times.· Is your body 22· ·back, this was our first meeting with him about --
23· ·ready for that?" 23· ·before that incident happened, I had a meeting with
24· · · · · · ·And then after Derrick Mitchell, he would 24· ·him before that, prior to that, about a concern
25· ·bring LeShun Daniels in there and say the exact same 25· ·that -- you know, the Iowa way.· I had a question
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·1· ·thing, "Oh, we're trying to get you the ball at ·1· ·for the Iowa way.· So we met before that briefly,
·2· ·least 20, 25 touches a game.· We're trying to --" ·2· ·and it didn't have -- it really didn't have anything
·3· ·and that was my first complaint to him, like, "How ·3· ·to do with, you know, the depth chart.· It didn't
·4· ·are you going to give everybody the ball 20 -- all ·4· ·have anything to do with body weight or any of that.
·5· ·the running backs can't touch the ball 20, 30 ·5· ·It had something to do with the Iowa way.
·6· ·times." ·6· · · · Q.· ·Okay.· Tell me when that meeting occurred
·7· · · · · · ·My second complaint I brought to him was ·7· ·with respect to your meeting of August 2015 about
·8· ·Kirk Ferentz trying to move me to defense.· I'm, ·8· ·defense and numbers of carries and keeping the
·9· ·like, "I put in all this work and I've been making ·9· ·weight up.· Was it before that meeting?
10· ·progress and I've been doing everything, you know, 10· · · · A.· ·It was before that meeting and -- it was a
11· ·I've been told.· Why am I being told to move to 11· ·year before, and it was -- it had to be -- they
12· ·defense?" 12· ·moved Derrick Mitchell from wide receiver to running
13· · · · Q.· ·Did you and Chris White talk about 13· ·back, and he was under -- his coach was Chris White
14· ·anything else that first time that you met with 14· ·as well, so it had to be a year before that
15· ·Chris White to discuss complaints about the Iowa 15· ·incident.· It had to be a year before that, when
16· ·program? 16· ·Derrick Mitchell first moved from wide receiver to
17· · · · A.· ·That was -- oh, yeah, I did bring up the 17· ·running back.· We were roommates then.· I had a
18· ·weight issue.· I was asking him why they keep 18· ·meeting with Chris White around that time.· I don't
19· ·bumping my weight up every time I make weight, 19· ·remember the exact date, though.
20· ·because he would be mad at me, frustrated with me, 20· · · · Q.· ·But as best you can recall, the meeting
21· ·when I would make weight, because they would get on 21· ·that you had first with Chris White was after
22· ·him.· When I say "they," I mean Kirk Ferentz and 22· ·Derrick Mitchell moved from wide receiver to running
23· ·Doyle, Chris Doyle. 23· ·back, and you believe --
24· · · · · · ·They would be on him about it, and it 24· · · · A.· ·Yes.
25· ·would just come down -- he would come down on me and 25· · · · Q.· ·In what year?· Was that in the year 2014?

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·1· · · · A.· ·I believe so, yeah.· 2014, going into ·1· ·Him crying, that's like me crying, because it hit
·2· ·2015. ·2· ·home for me, because what if I wanted to get braids
·3· · · · Q.· ·Okay.· Tell me about that meeting. ·3· ·or what if I wanted to get the Odell Beckham? I
·4· · · · A.· ·Well, me and Derrick Mitchell were ·4· ·can't do that because I got to figure out how
·5· ·roommates.· I was laying down, and he's directly ·5· ·they're going to look at me, how -- you know, how
·6· ·across the hall from me, and we always, like -- we ·6· ·they're going to treat me.· That's what I spoke to
·7· ·always vented to each other.· And I heard Derrick ·7· ·him about.
·8· ·Mitchell crying.· And he was on speaker. I ·8· · · · Q.· ·What did Chris White say to you?
·9· ·overheard a conversation he had with Chris White. ·9· · · · A.· ·He says, "Well, you're doing a good job.
10· · · · · · ·And at the time, Derrick Mitchell, he had 10· ·You know, we really just want you to bring up
11· ·a big afro.· He had a big afro, and it was around 11· ·weight.· You know, you struggle with the weight.
12· ·the time Odell Beckham -- he had the mohawk, the 12· ·You need to bring your weight up.· But as far as
13· ·Odell Beckham mohawk, and he had color in his hair. 13· ·that, one day I'll tell you everything.· I'll tell
14· ·It was a big afro. 14· ·you all one day, but right now, I just don't have
15· · · · · · ·And I hear Chris White on speaker -- our 15· ·the answers for you on that.· You'll have to speak
16· ·position coach, Chris White, on speaker.· And he's 16· ·with Kirk Ferentz about that.· You can have a
17· ·in tears.· Like, he's, like, really in tears.· And 17· ·heart-to-heart with him.· But, you know, I don't
18· ·he's, like -- he's, like -- I hear him go "Why do I 18· ·have the answers to that."
19· ·got to cut my hair?· Like, that has nothing to do 19· · · · Q.· ·Did you follow up by going to Kirk
20· ·with my work ethic.· That has nothing to do with 20· ·Ferentz?
21· ·what I put out there on the field or none of that." 21· · · · A.· ·No, I didn't.
22· · · · · · ·And Chris White is just saying -- he's 22· · · · Q.· ·Have you now told me everything that you
23· ·responding, saying things like "Well, that's not, 23· ·can recall about this first meeting involving
24· ·you know -- it's not my problem.· It's not coming 24· ·Derrick Mitchell that you visited with Chris White
25· ·from me.· It's coming from higher than me.· You 25· ·about?
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·1· ·know, they're not going to like that." ·1· · · · A.· ·Yes.
·2· · · · · · ·When he was saying "they," he was talking ·2· · · · Q.· ·And then you say there was -- the next
·3· ·about Chris Doyle and Kirk Ferentz.· He's, like, ·3· ·meeting was involving Chris White's promising each
·4· ·"They're not going to like that.· They're not going ·4· ·running back 20 carries and your weight and the
·5· ·to accept that.· You need to do something with your ·5· ·moving you to defense.· We covered that meeting.
·6· ·hair.· That is not the Iowa way.· You know, you kind ·6· · · · A.· ·Yes.
·7· ·of look rough, and, you know, around the facility, ·7· · · · Q.· ·And then there was another meeting
·8· ·they're not going to like that."· He just kept ·8· ·following that with Chris White?· If you can recall?
·9· ·saying that. ·9· · · · A.· ·Yes.· I spoke with Chris White right --
10· · · · · · ·And Derrick Mitchell was in tears and he 10· ·around the time before -- just a little bit before
11· ·was crying.· I had a conversation with him because I 11· ·he was -- before he -- I met with him a little bit
12· ·wanted to get it clear when we spoke.· I'm, like, 12· ·before he got fired.· You know, that meeting was not
13· ·"So why -- what's going on?· Why we can't wear, 13· ·productive at all.· At all.
14· ·like, our hair?· What's that got to do with 14· · · · Q.· ·Tell me about that meeting if you would,
15· ·anything?"· That's what my conversation was. 15· ·Mr. Wadley.
16· · · · Q.· ·So after that phone call, you went and 16· · · · A.· ·I was just explaining to them -- I was
17· ·talked to Chris White? 17· ·asking him -- you know, because it was around the
18· · · · A.· ·Yeah. 18· ·time I, like, started to establish myself as a
19· · · · Q.· ·What did you and Chris White talk about? 19· ·good -- you know, a good player, playmaker.· I was
20· · · · A.· ·I just was trying to figure out what was 20· ·asking him -- I was telling him, I'm, like, why does
21· ·the Iowa way and why can't -- why can't we wear -- 21· ·Kirk Ferentz or anybody -- mainly Kirk Ferentz, when
22· ·like, you know, I had a haircut, but why can't -- 22· ·they ask -- when reporters ask him about me after a
23· ·you know, why can't we wear our hair any kind of way 23· ·game -- like if I contributed to the team and I,
24· ·we want to? 24· ·like, you know, was a big part of the win, when they
25· · · · · · ·Derrick Mitchell is like a brother to me. 25· ·ask the coaches about players after the game, when

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·1· ·they ask him about me, he says nothing really good ·1· ·again?
·2· ·about me but he brings up a weight issue, as if that ·2· · · · Q.· ·Yeah.· I guess I'm trying to catch the
·3· ·weight issue affected me performing, like every ·3· ·timing here a little bit.· Did you at some point
·4· ·time. ·4· ·believe that Chris White knew he was going to be
·5· · · · · · ·It just didn't feel like my whole career I ·5· ·terminated when you had the meeting with him in
·6· ·was asking -- because I started thinking about my ·6· ·which you talked about the press conferences?
·7· ·draft stock and my NFL -- you know, my dreams to ·7· · · · A.· ·I didn't know for a fact he was going to
·8· ·play in the NFL.· I would just see the interviews, ·8· ·be fired or terminated.· I didn't know that at all.
·9· ·he would talk about that.· When they asked him about ·9· ·I had a feeling something was wrong, but I didn't
10· ·me, he would bring that up. 10· ·know what it was.· He didn't --
11· · · · · · ·And I'm, like, just man, will that send 11· · · · Q.· ·Something was bothering -- I'm sorry. I
12· ·out the message that I'm a selfish player or would 12· ·didn't mean to interrupt you, Mr. Wadley.· Were you
13· ·that -- I was trying to ask him why does he do that. 13· ·finished?
14· · · · Q.· ·What did Chris White say? 14· · · · A.· ·Yes.
15· · · · A.· ·Chris White, he responded -- he was -- he 15· · · · Q.· ·Something was bothering Chris White at
16· ·responded like he didn't even care, like he was over 16· ·that last meeting that you had with him?· You didn't
17· ·it.· I could sense that something was going on, but 17· ·know what it was, but you knew that he wasn't
18· ·he didn't tell me until after, like -- he didn't 18· ·responding normally to you.· Is that fair to say?
19· ·tell me until after he got fired, but he was real 19· · · · A.· ·I don't know what was bothering him. I
20· ·dismissive. 20· ·can't speak for him.· I just knew something was
21· · · · · · ·He's like -- at that point, he shrugged 21· ·going on that I didn't know about.
22· ·his shoulders, "I don't know.· You need to talk 22· · · · Q.· ·Have you now told me everything that you
23· ·to -- you need to talk to the head man.· You need to 23· ·can recall about that meeting, what you said and
24· ·talk to the head coach.· I don't know."· And he said 24· ·what he said?
25· ·something slick like "I'm over it, like I'm done 25· · · · A.· ·Yes.
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·1· ·here," and he didn't even want to deal with it no ·1· · · · Q.· ·Did he give you any satisfaction or any
·2· ·more.· And at the time -- or a little after the ·2· ·words of wisdom or anything about how you might get
·3· ·conversation, I realized that he was getting fired, ·3· ·better treatment or more press in Kirk Ferentz's
·4· ·that's why he didn't really care anymore.· Or he was ·4· ·press conferences?
·5· ·upset. ·5· · · · A.· ·No.
·6· · · · Q.· ·You say that a little while after this ·6· · · · Q.· ·Anything else discussed at that meeting
·7· ·meeting, this third meeting with Chris White, you ·7· ·that you and I haven't covered?
·8· ·learned that Chris White had been terminated? ·8· · · · A.· ·No.
·9· · · · A.· ·I didn't learn at the meeting.· I had a ·9· · · · Q.· ·And then relatively soon after that, you
10· ·feeling that something was going on during the 10· ·learned that Chris White was being terminated from
11· ·meeting because he never talked to me like that.· He 11· ·the Iowa football program?
12· ·never -- he's been my coach for a long period of 12· · · · A.· ·Yes.
13· ·time, and I started to, like, figure out how he is, 13· · · · Q.· ·Have you now told me everything that you
14· ·and that behavior, he just was dismissive.· He 14· ·can recall about the meetings that you had with
15· ·was -- he acted like he didn't care at all.· So 15· ·Chris White to discuss your complaints about the
16· ·that -- and then later on, I'm, like, man, something 16· ·Iowa football program?
17· ·ain't right, you know, and then I learned that he 17· · · · A.· ·Can you ask that question again?
18· ·was terminated after that meeting. 18· · · · Q.· ·Yes.· We've covered the meetings you've
19· · · · Q.· ·And looking back on the situation, you 19· ·described with Chris White, and I'm just trying to
20· ·believe that it's likely he knew he was in trouble 20· ·wrap it up by saying is there anything else that you
21· ·in the program at the time that you met with him to 21· ·can recall about meetings with Chris White that you
22· ·discuss how you were treated in the press 22· ·and I have not discussed here this morning and this
23· ·conferences? 23· ·afternoon?
24· · · · A.· ·I don't think he was in trouble.· I never 24· · · · A.· ·Yes.
25· ·said he was in trouble.· Can you ask that question 25· · · · Q.· ·I need to understand what the word "yes"

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·1· ·means.· Is it true that you have already told me ·1· ·he said "they," and I knew who he was talking about.
·2· ·everything that you can recall that you and Chris ·2· · · · Q.· ·And when you knew who he was talking
·3· ·White discussed at any meetings where you went to ·3· ·about --
·4· ·discuss with him your complaints about the Iowa ·4· · · · A.· ·The topic was -- the topic of the
·5· ·football program?· Is that true? ·5· ·conversation was Kirk Ferentz and the Iowa program.
·6· · · · A.· ·Yes. ·6· · · · Q.· ·And it was your understanding that former
·7· · · · Q.· ·Any other coaches that -- ·7· ·Coach Chris White was telling you that they, or Kirk
·8· · · · A.· ·Well -- ·8· ·Ferentz and others, wanted to get Desmond King out
·9· · · · Q.· ·I'm sorry. ·9· ·of the program?
10· · · · A.· ·-- we spoke briefly -- we spoke briefly 10· · · · A.· ·Yes.
11· ·via text, which I provided, our messages.· We spoke 11· · · · Q.· ·Have you now told me everything that you
12· ·briefly after he was terminated, if that -- you 12· ·can recall about your meetings about complaints with
13· ·know, if that's what you was asking.· I didn't 13· ·the Iowa football program that you had with Chris
14· ·complain about the Iowa program to him when he was 14· ·White?· Have we covered everything?
15· ·terminated.· He was just -- he just told me -- what 15· · · · A.· ·Yes.
16· ·did he tell me?· He was just talking about Desmond 16· · · · Q.· ·Were there any other coaches that you had
17· ·King and he was telling me about different players. 17· ·meetings about complaints about the Iowa football
18· · · · Q.· ·Have you produced those texts? 18· ·program that we have not discussed?· And we've
19· · · · A.· ·Yes. 19· ·discussed Kirk Ferentz and Brian Ferentz and Chris
20· · · · Q.· ·And they weren't about complaints that you 20· ·Doyle and Chris White.· Was there any other coach
21· ·had on the Iowa program, but they were his comments 21· ·that you took complaints to about the Iowa program?
22· ·about other players?· Is that what they were about? 22· · · · A.· ·I had meetings with Chic.· I had meetings
23· · · · A.· ·Yes. 23· ·with Broderick Binns.· It wasn't -- it was just the
24· · · · Q.· ·And that was after he was terminated, 24· ·same things, the same issues, because they actually
25· ·after he had left Iowa? 25· ·went through the program, and they was director of
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·1· · · · A.· ·Yes. ·1· ·the player personnel.
·2· · · · Q.· ·Do you remember what year those were? ·2· · · · · · ·I spoke to them briefly, but speaking to
·3· ·Were they soon after he left Iowa or was it years ·3· ·them is just like -- you know, their interest --
·4· ·after he left Iowa, if you know? ·4· ·their best interest is their family and their jobs,
·5· · · · A.· ·It was soon after he left.· It wasn't ·5· ·and they would say the same exact things.· It just
·6· ·years.· It was some time, though.· It was some time. ·6· ·was so frustrating.
·7· ·It was actually a group.· It was me, him, and ·7· · · · · · ·I spoke to them -- like, for example, I
·8· ·Derrick Mitchell in the group. ·8· ·spoke to Chic before he left and I was just asking
·9· · · · Q.· ·And you exchanged texts or communications ·9· ·him, like, "What's going on?· Why are we all -- why
10· ·about certain Iowa players? 10· ·are we all -- what's going on with body weight?· Why
11· · · · A.· ·No.· He -- him and Derrick Mitchell was 11· ·are they so obsessed with body weight or whatever?"
12· ·speaking, and Derrick Mitchell was still complaining 12· · · · · · ·He's, like, "Man --" and Chic goes "Man,
13· ·and talking about his experience at Iowa, and he 13· ·you know, they just want you to -- they want you to
14· ·was -- he brought up Desmond King.· He's, like, 14· ·be ready.· They want you to be ready for the field,
15· ·"Desmond King is a player that they wanted -- they 15· ·man.· They want you to play.· They want you to be
16· ·tried to do everything in their power to get him 16· ·out there at a good weight, man."
17· ·kicked out of there.· They wanted him bad.· They 17· · · · · · ·That's what he -- like, they would just
18· ·wanted him gone bad."· That's what he said in the 18· ·say -- the conversation -- I wouldn't get anywhere
19· ·messages.· I provided that.· And when I say "they," 19· ·speaking with him is what I'm trying to say.
20· ·I'm talking about Kirk Ferentz and Chris Doyle. 20· · · · Q.· ·Any other conversations you can recall
21· · · · Q.· ·So what you're telling us, that you had 21· ·about complaints you took to any other coach on the
22· ·some communications from Chris White where he said 22· ·Iowa football program that you and I have not
23· ·Kirk Ferentz wanted to get Desmond King out of the 23· ·covered on the subject of your complaints about the
24· ·program? 24· ·Iowa football program?
25· · · · A.· ·He didn't specifically say his name, but 25· · · · A.· ·No.

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·1· · · · Q.· ·You were eligible for the NFL draft after ·1· · · · A.· ·Yes.
·2· ·the 2016 season?· You could have gone into the draft ·2· · · · Q.· ·Do you recall about when or how long after
·3· ·then, correct? ·3· ·the Pinstripe Bowl you signed with an agent?
·4· · · · A.· ·Can you repeat that question? ·4· · · · A.· ·I don't recall the exact date, no.
·5· · · · Q.· ·Sure, Mr. Wadley.· After the 2016 season, ·5· · · · Q.· ·Did you register for any classes after the
·6· ·after the Outback Bowl, you could have declared for ·6· ·Pinstripe Bowl?· At Iowa, University of Iowa?
·7· ·the NFL draft and attempted to be drafted, correct? ·7· · · · A.· ·Did I register for any classes?· No.
·8· · · · A.· ·Yes. ·8· · · · Q.· ·You were done with the Iowa program after
·9· · · · Q.· ·And you instead made a decision to return ·9· ·the Pinstripe Bowl; is that true?
10· ·to Iowa? 10· · · · A.· ·Football program?
11· · · · A.· ·Yes. 11· · · · Q.· ·Yes.
12· · · · Q.· ·Why did you make that decision? 12· · · · A.· ·When you say "done" -- what you mean when
13· · · · A.· ·I spoke with -- well, it was a few things 13· ·you say "done"?
14· ·that went -- you know, a few key things that went 14· · · · Q.· ·Well, you tell me, what, if any,
15· ·into that decision.· One mainly was to finish school 15· ·participation or involvement you had with the Iowa
16· ·and get a degree. 16· ·football program after the Pinstripe Bowl.· Can you
17· · · · · · ·Another reason was, when I spoke to Chris 17· ·describe that for me?
18· ·Doyle and I spoke to Kirk Ferentz, they didn't think 18· · · · A.· ·I went to Exos to train for the combine.
19· ·I was -- you know, they didn't say I wasn't ready, 19· ·After the combine, I returned to the facility for a
20· ·but they was inferring that, you know, I wasn't 20· ·few weeks because we had to train for pro day, where
21· ·ready because -- what was it?· Kirk Ferentz, he told 21· ·all the coaches come to the facility to -- it's
22· ·me that he was sending -- he was sending my film or 22· ·like -- it's not a combine but it's similar to the
23· ·my profile to NFL scouts, and then he'd say when 23· ·combine, for the players that didn't get invited to
24· ·they get back -- when they get back to him, they're 24· ·the combine for NFL scouts to come check out the
25· ·going to let me know if I'm going to be selected 25· ·other guys that's on the team that didn't get
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·1· ·within the first few rounds of the draft.· If I'm ·1· ·invited to the combine.
·2· ·not selected within the first two to three rounds or ·2· · · · · · ·I worked out with Iowa.· I want to say I
·3· ·if I'm not projected or they don't have me high, ·3· ·worked out with Chris Doyle probably -- they were
·4· ·then I might as well come back and finish, I might ·4· ·training for weeks, and when I came back, I was so
·5· ·as well come back and finish my last year. ·5· ·uncomfortable, I trained probably one day with him,
·6· · · · Q.· ·Was there any other information on which ·6· ·and then I went elsewhere to train because I just
·7· ·you based your decision to return to Iowa for the ·7· ·couldn't -- you know, I didn't feel comfortable
·8· ·2017 season, other than what you've told me? ·8· ·training there.
·9· · · · A.· ·No. ·9· · · · Q.· ·Where did you go to train for the --
10· · · · Q.· ·Did you talk with anybody in the NFL or 10· ·before the draft after you went to --
11· ·did you talk -- I don't know.· Can you even talk to 11· · · · A.· ·I had -- I went to -- sorry to cut you off
12· ·agents as you're considering whether to enter the 12· ·too.· I had went to the gym.· I trained myself. I
13· ·draft? 13· ·was training myself and I had one of my old coaches
14· · · · A.· ·No.· I haven't spoken to anyone from the 14· ·from back home, from Jersey.· He was, you know,
15· ·NFL, no. 15· ·coaching me up while I was training.
16· · · · Q.· ·After the 2017 season, after the Pinstripe 16· · · · Q.· ·Who was that coach?
17· ·Bowl, did you train somewhere in preparation for the 17· · · · A.· ·His name was Al Watson.· It was Al Watson
18· ·NFL draft? 18· ·and it was Hook.· His name's Coach Hook.· Rodney
19· · · · A.· ·Yes. 19· ·Hook.· Wesley Lee.· Those three coaches.
20· · · · Q.· ·Where did you train? 20· · · · Q.· ·Were you in Iowa City at that time?· Did
21· · · · A.· ·I was at Exos. 21· ·they come here to train?
22· · · · Q.· ·Where is that located, Mr. Wadley? 22· · · · A.· ·Yes.
23· · · · A.· ·That's in Florida, Pensacola, Florida. 23· · · · Q.· ·And then you participated in the -- is it
24· · · · Q.· ·Did you sign with an agent after the 24· ·called the pro day or the scout day?· What's it
25· ·Pinstripe Bowl? 25· ·called?

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·1· · · · A.· ·It's called the pro day. ·1· · · · A.· ·There were a few -- there was a signing --
·2· · · · Q.· ·And my understanding of that is that pro ·2· ·a signing set up I believe by the university with
·3· ·scouts or pro coaches come to Iowa City and view the ·3· ·me, VandeBerg, and Josey Jewell.· We -- a signing
·4· ·performance of Iowa players who are eligible to go ·4· ·schedule for us to sign autographs and we get paid
·5· ·to the NFL at that time; is that correct? ·5· ·for it.
·6· · · · A.· ·Can you ask that question again? ·6· · · · · · ·And then -- I was still living at Iowa
·7· · · · Q.· ·Yes.· The pro day is an event put on by ·7· ·after the pro day.· I still had a place to stay at
·8· ·the Iowa football program that allows NFL scouts to ·8· ·Iowa.· My lease wasn't up just yet.· So I was in
·9· ·come to Iowa City and view those players from the ·9· ·Iowa for another -- I don't remember.· I don't
10· ·Iowa team that may be interested -- or participated 10· ·recall.· I don't want to guess.
11· ·in the Iowa team that may be interested in becoming 11· · · · Q.· ·Were you done with the University of Iowa
12· ·pro football players; is that true? 12· ·by the NFL draft?
13· · · · A.· ·Yes. 13· · · · A.· ·What you mean?· Can you rephrase that?
14· · · · Q.· ·And that's, what, a few weeks before the 14· ·Like, what you mean when you say --
15· ·draft; is that right? 15· · · · Q.· ·Did you participate with the University of
16· · · · A.· ·I don't know the exact amount of days or 16· ·Iowa in any way after the NFL draft began, if you
17· ·weeks before, but I believe so, yes.· I don't know 17· ·know?
18· ·the exact number of days. 18· · · · A.· ·I don't recall.
19· · · · Q.· ·What do you consider as your last date of 19· · · · Q.· ·During that spring of 2018, you were
20· ·participation in the Iowa football program?· When 20· ·trying to get a contract with the NFL, correct?
21· ·would you say, "That was my last day in the Iowa 21· ·That was what your goal was?
22· ·football program"? 22· · · · A.· ·Yes.
23· · · · A.· ·The pro day I would say was my last day. 23· · · · Q.· ·Do you know Phil Savage?
24· ·I came back once for a workout with the Dallas 24· · · · A.· ·The name sounds familiar, but no, I don't
25· ·Cowboys, but in that workout, I didn't speak with 25· ·recall.
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·1· ·anyone from the Iowa staff besides strength and ·1· · · · Q.· ·Do you recognize his name as the director
·2· ·conditioning Coach Rai at the time.· But that was my ·2· ·of the Senior Bowl?
·3· ·last day with the Iowa program, was pro day, from ·3· · · · A.· ·I don't recall.· Sorry.· I really don't
·4· ·what I remember. ·4· ·recall that person.
·5· · · · Q.· ·Did you have any other day that you would ·5· · · · Q.· ·Did someone invite you to participate in
·6· ·consider a day of participation in the University of ·6· ·the Senior Bowl?
·7· ·Iowa, not the football program but with the ·7· · · · A.· ·Yes.
·8· ·university, or did that end your participation with ·8· · · · Q.· ·Do you know who got that invitation, who
·9· ·the university also? ·9· ·you got that invitation from?
10· · · · A.· ·Can you, like, rephrase that question? 10· · · · A.· ·Kirk Ferentz.
11· · · · Q.· ·Yes.· My earlier question was about your 11· · · · Q.· ·Kirk Ferentz was involved in getting you
12· ·last day of participation in the Iowa football 12· ·the invite to go to the senior Bowl?
13· ·program, and you basically said to me, I understand, 13· · · · A.· ·I don't -- what you mean when you say was
14· ·that the pro day was your last day participating in 14· ·he involved?· He delivered me the news.· I'm not
15· ·the Iowa football program. 15· ·sure if he was involved.· I would say my place --
16· · · · · · ·My next question is, what was your last 16· ·you know, my play on the field -- my play on the
17· ·day of any connection with the University of Iowa? 17· ·field put me in the position to play in the senior
18· ·Your last day of participation with the university 18· ·Bowl.· I wouldn't say, like, he hooked me up with an
19· ·at large. 19· ·invitation to the Senior Bowl.
20· · · · A.· ·I don't recall. 20· · · · Q.· ·I'm sorry.· I didn't catch what you said.
21· · · · Q.· ·Would it have been any later than the pro 21· · · · A.· ·I was saying I wouldn't say that Kirk
22· ·day? 22· ·Ferentz hooked me up with the opportunity to play in
23· · · · A.· ·Yes. 23· ·the Senior Bowl.· I would say, you know, the hard
24· · · · Q.· ·And what did you do after the pro day to 24· ·work and, you know, my success on the field put me
25· ·participate with the university? 25· ·in a position to get an invite from, you know,

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·1· ·whoever was in charge of the Senior Bowl at the ·1· · · · Q.· ·What kinds of things did you do for
·2· ·time.· He delivered me the news right after ·2· ·community service?
·3· ·practice, though. ·3· · · · A.· ·Well, they would have us mop -- there's
·4· · · · Q.· ·Do you know that Kirk Ferentz contacted ·4· ·this old building on campus -- old rusty building on
·5· ·Phil Savage on your behalf to get you that ·5· ·campus that's right on the main strip of everything,
·6· ·invitation? ·6· ·and it's downtown, and we would be in there, and I
·7· · · · A.· ·No. ·7· ·would have to mop the floors, sweep the floors.· We
·8· · · · Q.· ·Do you know whether they were on the same ·8· ·would wash windows.
·9· ·NFL team as coaches? ·9· · · · · · ·We would -- we was serving ice cream at
10· · · · A.· ·No. 10· ·Carver before for community service.· What else?· We
11· · · · Q.· ·Phil Savage and Kirk Ferentz?· Do you know 11· ·had prepared -- we had prepared meals.· At some
12· ·whether that's true? 12· ·place near campus that was a little bit off campus,
13· · · · A.· ·No. 13· ·we had -- we was preparing meals for I guess
14· · · · Q.· ·We talked a little bit about some 14· ·homeless people or something.· We was doing -- we
15· ·community service that you got from missing a 15· ·was doing so much, I just can't remember.
16· ·meeting through Brian Ferentz had Broderick Binns 16· · · · Q.· ·The ice cream serving at Carver, was that
17· ·tell you about community service; is that right? 17· ·for sporting events or something?
18· · · · A.· ·Yes. 18· · · · A.· ·It was a Carver basketball game, and we
19· · · · Q.· ·How many hours was that for missing the 19· ·was working the ice cream stand.
20· ·meeting, if you know? 20· · · · Q.· ·Other than community service, did you
21· · · · A.· ·I don't recall. 21· ·receive any other discipline from the Iowa football
22· · · · Q.· ·Did you get any other punishments at the 22· ·program, or have you told me everything you can
23· ·University of Iowa in the football program?· And, 23· ·recall?
24· ·Mr. Wadley, I believe I understand from records that 24· · · · A.· ·Yes.
25· ·you got some punishment from the citation for 25· · · · Q.· ·By your answer "yes," I assume that you
Page 155 Page 157
·1· ·disorderly house when you were early in your career; ·1· ·mean to tell me that you now have told me everything
·2· ·is that true? ·2· ·that you can recall that you considered to be
·3· · · · A.· ·Yes. ·3· ·discipline or punishment by the Iowa football
·4· · · · Q.· ·Do you know what you got for community ·4· ·program.· Is that fair to say?
·5· ·service for that incident? ·5· · · · A.· ·No.· No, that's not actually.· They made
·6· · · · A.· ·From the program or from -- ·6· ·me roll.· They made me roll the field until I threw
·7· · · · Q.· ·Yeah.· I'm not interested in what the ·7· ·up.· I remember that.· Yes.· They made me roll the
·8· ·police or the courts did about that. ·8· ·field until I threw up.
·9· · · · A.· ·Yes.· I was loaded.· I was loaded with ·9· · · · Q.· ·Who ordered you to do that?
10· ·community service. 10· · · · A.· ·Brian Ferentz.
11· · · · Q.· ·Do you remember how many hours? 11· · · · Q.· ·When was that?
12· · · · A.· ·No.· It was a lot, though. 12· · · · A.· ·He made me roll -- this was right after a
13· · · · Q.· ·It was considered a pretty big deal at the 13· ·practice on the outdoor field.· The outdoor field
14· ·time; is that fair to say? 14· ·that's right next to the indoor field.· I had to
15· · · · A.· ·Yes. 15· ·roll the whole field, like lay on my back and just
16· · · · Q.· ·Did you get other punishments where you 16· ·roll, roll the field until I threw up.
17· ·received community service? 17· · · · Q.· ·Was that, like, a hundred yards or until
18· · · · A.· ·Can you say that again? 18· ·you --
19· · · · Q.· ·Did you get other issues or were there 19· · · · A.· ·It was actually --
20· ·other times that you were told to do community 20· · · · Q.· ·Go ahead, tell me.
21· ·service because of certain activities that you had 21· · · · A.· ·It was the side of the field, so it wasn't
22· ·done?· If you recall. 22· ·the full hundred yards.· It was on the sides of the
23· · · · A.· ·I recall doing a lot of community service 23· ·field.· I had to keep rolling down there.· Then when
24· ·at Iowa.· I just can't -- I just don't recall the 24· ·I got there, I had to roll back.· I just had to keep
25· ·exact reasons. 25· ·rolling until he told me to stop.

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·1· · · · Q.· ·And what was that discipline or punishment ·1· ·showed you of interviews with newspaper reporters
·2· ·issued for? ·2· ·this morning?· You recall those?
·3· · · · A.· ·That came from that missed meeting.· That ·3· · · · A.· ·Yes.
·4· ·came from that missed meeting.· That was in addition ·4· · · · Q.· ·Now, had anybody given you notes of what
·5· ·to that community service, them hours he provided. ·5· ·you were supposed to say during those interviews?
·6· ·I had to roll the field as well. ·6· · · · A.· ·Those specific interviews that you showed
·7· · · · Q.· ·Now have you told me everything you can ·7· ·me?
·8· ·recall about any discipline or punishments you ·8· · · · Q.· ·Yes.
·9· ·received in the Iowa football program? ·9· · · · A.· ·No.
10· · · · A.· ·Yes. 10· · · · Q.· ·Were you present on the field at a time
11· · · · Q.· ·Did you write any records or emails or 11· ·when Jonathan Parker tossed the ball to Brian
12· ·communications or complaints related to racial 12· ·Ferentz and said words to the effect of "You go do
13· ·discrimination or how you were treated before George 13· ·this yourself" and Brian Ferentz then told him to
14· ·Floyd's death about May 26th of 2020? 14· ·leave the practice, told Jonathan Parker to leave
15· · · · A.· ·Can you ask me that question again? 15· ·the practice?· Were you on the field for that time?
16· · · · Q.· ·Yeah.· It really goes to the date of 16· · · · A.· ·Yes.· Yes.
17· ·May 26th of 2020, which is about the date that 17· · · · Q.· ·Where were you, if you can recall?
18· ·George Floyd was killed.· And my question to you is 18· · · · A.· ·Jonathan Parker -- that incident with
19· ·whether you wrote any records or emails or 19· ·Jonathan Parker, we were doing a punt return drill,
20· ·communications in writing that lodged any complaint 20· ·and I remember it like it was -- I remember it. I
21· ·about racial discrimination. 21· ·remember it.· I don't want to say too well, but I
22· · · · A.· ·Can you, like, rephrase that question? 22· ·definitely remember it.
23· ·I'm not understanding what you're saying. 23· · · · · · ·We was doing a punt drill.· I want to say
24· · · · Q.· ·Sure.· I'm trying to find out if during 24· ·I was competing in that drill.· I was right behind
25· ·the time you were in the Iowa football program and 25· ·Jonathan Parker getting ready to go right after him
Page 159 Page 161
·1· ·the years leading up to George Floyd's death about ·1· ·or I was to the side of the field out of the drill,
·2· ·May 26th of 2020, about two years ago, whether you ·2· ·but either way, I remember getting reps in that
·3· ·personally wrote any document or record or email or ·3· ·drill.
·4· ·communication before then, before George Floyd's ·4· · · · · · ·(Mr. Parker joined the deposition.)
·5· ·death, that accused the Iowa football program of ·5· · · · Q.· ·And the reps you were getting was as a
·6· ·racial discrimination.· Do you have any such ·6· ·person returning the ball or splitting the defenders
·7· ·document? ·7· ·and trying to run upfield?
·8· · · · A.· ·No. ·8· · · · A.· ·Yes.
·9· · · · Q.· ·Did anyone do an exit interview with you ·9· · · · Q.· ·Have you watched the videotape of that
10· ·when you left the Iowa program at the end of any 10· ·drill?
11· ·particular year? 11· · · · A.· ·No.· I kind of got a little bit from -- I
12· · · · A.· ·I recall doing interviews, but I'm not 12· ·didn't get a chance to watch that video, no.
13· ·sure if it was an interview that was labeled an exit 13· · · · Q.· ·What did you hear Jonathan Parker say, if
14· ·interview.· I've done interviews after my game, 14· ·anything, to Brian Ferentz?· Did you hear him say
15· ·after my game at Iowa, but I don't remember it being 15· ·anything?
16· ·titled an exit interview, because there were other 16· · · · A.· ·I didn't quite hear -- I didn't quite -- I
17· ·interviews.· Like, I was doing interviews. 17· ·heard him say -- I seen him throw Brian Ferentz the
18· · · · Q.· ·And I mean to be asking about did you sit 18· ·ball, because when he did -- he went up, he returned
19· ·down with a coach and did a coach ask you questions 19· ·the kick, and he was -- I guess he was trying to
20· ·about how things had gone that year and your 20· ·shake him off or he was going east to west trying to
21· ·expectations and goals and complaints you had?· Did 21· ·shake off the defender, and he got tackled or
22· ·you have any such interviews between you and a coach 22· ·something.· Something.· It just -- it was a bad rep
23· ·in any year, if you know? 23· ·on his behalf.
24· · · · A.· ·I don't recall. 24· · · · · · ·And Brian Ferentz goes off the wall.· He
25· · · · Q.· ·Mr. Wadley, you saw those videos that I 25· ·goes off the wall screaming, "Oh, my God, you need

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·1· ·to go that way.· It's that way.· That is where we're ·1· ·him, and it didn't work.· It was a bad rep, like I
·2· ·trying to go.· Only a black dumbass player would do ·2· ·said.· That's when -- when he fell to the ground,
·3· ·something like that" or something like that. ·3· ·that's when Brian Ferentz started screaming at him.
·4· · · · · · ·And I believe that was when Jonathan ·4· · · · Q.· ·And then did Jonathan Parker get up and
·5· ·Parker jumped up and tossed him the ball, tossed him ·5· ·toss the ball to Brian Ferentz?
·6· ·the ball and was, like, "Well, you do it," right ·6· · · · A.· ·It happened so fast.· That incident --
·7· ·after Brian Ferentz was, like, "We're going that ·7· ·that incident, it happened so fast that, like, I
·8· ·way.· We're going that way."· He goes, "You do it," ·8· ·don't remember how that happened.· I remember he was
·9· ·and that's when -- when he tossed him the ball. ·9· ·cursing JP out.· He was cursing Jonathan out, and
10· ·Brian Ferentz got even more frustrated, "Get the F 10· ·then Jonathan, you know, he definitely felt
11· ·out of practice.· Get the -- don't nobody talk to me 11· ·embarrassed.· He felt bullied.
12· ·like that.· Who the hell do you think you are?· Get 12· · · · · · ·Like I said, there's a difference between
13· ·the fuck out.· Get the fuck out." 13· ·coaching and just like completely, like, destroying
14· · · · Q.· ·The recollection you have was that Brian 14· ·somebody, like being very disrespectful.· You know,
15· ·Ferentz used the words before? 15· ·I've never seen Brian Ferentz talk to any white
16· · · · A.· ·I don't remember his exact words. I 16· ·player like that.· I doubt he would talk to his own
17· ·remember him kicking him out, cursing him out, and I 17· ·son or if he -- you know, just anybody of his
18· ·definitely remember -- I just don't remember the 18· ·family, he wouldn't talk to them like that, but I
19· ·exact words.· He was screaming, and I remember Brian 19· ·feel like, you know, he can get that off with
20· ·Ferentz saying stuff like "Who the hell do you think 20· ·Jonathan.· That's what I felt like, he can get that
21· ·you are talking to me like that?"· He just was 21· ·off with him.
22· ·telling him "Get the fuck out," like "Get the fuck 22· · · · · · ·But he was screaming and cursing him out,
23· ·out."· And I remember Jonathan Parker just, you 23· ·and Jonathan Parker just felt embarrassed because
24· ·know, slightly jogging off the field just, you know, 24· ·the whole indoor facility got quiet and everybody
25· ·mad, upset. 25· ·was just looking at him, looking at them two, and
Page 163 Page 165
·1· · · · Q.· ·My question first -- and I'm trying to get ·1· ·that's when, you know, he tossed the ball to him,
·2· ·your best recollection of what you observed, but my ·2· ·like "Well, you do it.· If it's that easy, you do
·3· ·question first is, after Jonathan Parker was either ·3· ·it."
·4· ·tackled or fell in the end zone, that's when Brian ·4· · · · Q.· ·And my question -- my next question to you
·5· ·Ferentz was motioning for Parker to go forward and ·5· ·is, what is it that you heard Jonathan Parker say to
·6· ·telling him that he was running the drill wrong?· Is ·6· ·Brian Ferentz?
·7· ·that fair to say? ·7· · · · A.· ·I didn't hear Jonathan Parker say anything
·8· · · · A.· ·Can you ask that again? ·8· ·other than "You do it."· I know he tossed him the
·9· · · · Q.· ·Yes.· What I'm trying to get from you is ·9· ·ball.· He jumped up, tossed him the ball, and was,
10· ·your best recollection about the sequence of events. 10· ·like, "You do it."· Because that's what he kept
11· · · · A.· ·Okay. 11· ·saying, "We're trying to go that way.· We're trying
12· · · · Q.· ·And Jonathan Parker was in the end zone 12· ·to go that way."· He's saying that.
13· ·and either fell or was tackled in the end zone, and 13· · · · · · ·And Jonathan Parker jumped up and just
14· ·Brian Ferentz was explaining to him that he'd gone 14· ·told him, like, "Well, you do it."· And that's when
15· ·the wrong way, and he was using certain words to 15· ·he even went -- when he tossed him the ball, it's
16· ·tell Jonathan Parker he didn't run the drill 16· ·like he like might as well put hands on him because
17· ·correctly; is that right? 17· ·that's how he took it.
18· · · · A.· ·Well, first off, I don't quite remember if 18· · · · Q.· ·Have you ever told a coach to go do a
19· ·JP was in the end zone.· I feel like he wasn't -- I 19· ·drill himself?
20· ·don't know exactly.· He was close to the end zone. 20· · · · A.· ·Throughout my career playing football or
21· ·I'm not sure if he was in the end zone or -- he 21· ·just my senior year at Iowa?
22· ·wasn't too far from the end zone. 22· · · · Q.· ·At the University of Iowa, did you ever
23· · · · · · ·And he did the rep.· They punted him the 23· ·tell a coach to go do the drill himself?
24· ·ball, and he caught the ball, and I remember him 24· · · · A.· ·Yes, I have.
25· ·trying to dodge two defenders that was coming at 25· · · · Q.· ·Who did you tell?

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·1· · · · A.· ·It was strength and conditioning coach. I ·1· ·gang is he in?"
·2· ·believe it was Joe Well [sic].· He was there.· And I ·2· · · · A.· ·No.
·3· ·remember talking to him outside during our camp ·3· · · · Q.· ·You've not heard -- or have you heard
·4· ·days.· No, it wasn't camp.· It was before -- it was ·4· ·Brian Ferentz call anybody a stupid MF?
·5· ·our preparation before the spring ball, I told him ·5· · · · A.· ·Yes.
·6· ·to do a drill, do it hisself. ·6· · · · Q.· ·Have you heard Brian Ferentz say the words
·7· · · · · · ·It was -- we was working out on the ·7· ·"Go back to the ghetto"?
·8· ·outdoor field, and it was so hot, and they gave us ·8· · · · A.· ·No.
·9· ·these vests to do drills, and we was running in the ·9· · · · Q.· ·Have you heard Brian Ferentz use any
10· ·vests, which brought, you know -- he was just 10· ·racial slur or racial epithet other than "dumbass
11· ·telling us "You can't make time with that.· What's 11· ·black player" that you believe he said to Jonathan
12· ·going on?"· I'm, like, "Well, you do it.· You try 12· ·Parker in the end zone?
13· ·it." 13· · · · A.· ·Can you repeat that question?
14· · · · Q.· ·Did you swear at him? 14· · · · Q.· ·Yes.· Do you believe that Brian Ferentz
15· · · · A.· ·No. 15· ·used any other racial epithet or racial slur, that
16· · · · Q.· ·Do you know whether Jonathan Parker swore 16· ·you know of?
17· ·at Brian Ferentz? 17· · · · A.· ·No.· But he did -- he was telling me a
18· · · · A.· ·I don't know.· I don't recall him swearing 18· ·story about when he visited my hometown in Newark
19· ·at him. 19· ·New Jersey, and the story was kind of -- you know,
20· · · · Q.· ·And you believe you heard Brian Ferentz 20· ·the story was racist.· The story was racist.
21· ·call Jonathan Parker a dumbass black player? 21· · · · · · ·MR. STONE:· I'm sorry.· Give me a second.
22· · · · A.· ·Yes.· Black dumbass player. 22· · · · · · ·VIDEOGRAPHER:· Off the record at 2:24 p.m.
23· · · · Q.· ·Black dumbass player? 23· · · · · · ·(Off the record.)
24· · · · A.· ·Yeah. 24· · · · · · ·VIDEOGRAPHER:· On the record at 2:25 p.m.
25· · · · Q.· ·Was that before or after Brian Ferentz 25· · · · Q.· ·(By Mr. Stone) Thank you.· Mr. Wadley, I
Page 167 Page 169
·1· ·kicked him out of practice? ·1· ·believe you were telling me about a story or an
·2· · · · A.· ·That was as he was exiting.· He kind of, ·2· ·incident where Mr. Brian Ferentz was describing a
·3· ·like, light jogged off, and I heard him say that to ·3· ·visit to your school?· Is that what you were saying?
·4· ·him.· He was exiting practice.· He wasn't completely ·4· · · · A.· ·Yes.
·5· ·out of practice when he said that. ·5· · · · Q.· ·Why don't you explain that one for me,
·6· · · · Q.· ·He was in the end zone sort of jogging or ·6· ·please.
·7· ·sort of -- ·7· · · · A.· ·He had us all in position meetings, and he
·8· · · · A.· ·Trotting.· He was trotting off the field ·8· ·was -- before we started the meeting, he would
·9· ·real slow after he got kicked out. ·9· ·always -- often open up with, like, a joke that
10· · · · Q.· ·Trotting in the end zone is when you 10· ·wasn't funny or like something that offended black
11· ·heard -- 11· ·players.
12· · · · A.· ·Trotting off the field. 12· · · · · · ·Like an example, he was talking about a
13· · · · Q.· ·Off the field.· Okay.· And that's when you 13· ·story where him and Tyler Barnes took a visit to my
14· ·heard Brian Ferentz say what you say he said 14· ·old hometown, Newark, New Jersey, Weequahic High
15· ·about -- 15· ·School, to visit Ihmir Smith-Marsette, which Ihmir
16· · · · A.· ·Yes. 16· ·eventually came to Iowa.
17· · · · Q.· ·-- a black dumbass player? 17· · · · · · ·He was describing a story when he walked
18· · · · A.· ·Yes. 18· ·there.· He was, like -- he was just saying Tyler
19· · · · Q.· ·Okay.· Brian Ferentz never called you a 19· ·Barnes -- he was, like, Tyler Barnes, the whole
20· ·black dumbass, did he? 20· ·visit from Iowa, when he got -- when he touched down
21· · · · A.· ·No. 21· ·in Jersey and in Newark, he was just so terrified
22· · · · Q.· ·You've never heard Brian Ferentz use the 22· ·and he was so spooked when he got in my -- in
23· ·N-word, have you? 23· ·Weequahic High School when they went to go visit him
24· · · · A.· ·No. 24· ·because he was saying, like, there's so many -- it's
25· · · · Q.· ·You've not heard Brian Ferentz say, "What 25· ·like thugs around, like it's so many -- referring to

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·1· ·black people like thugs, there was so many, and he ·1· ·Weequahic in Newark.
·2· ·don't -- you know, he don't -- he just was spooked. ·2· · · · Q.· ·Going back to the incident with Jonathan
·3· ·He was talking about how spooked Tyler Barnes was. ·3· ·Parker that we were earlier discussing, did you see
·4· · · · · · ·And he said after they visited -- after ·4· ·Brian Ferentz kick any garbage cans during that
·5· ·they visited Smith-Marsette's grandmother, they was ·5· ·incident?
·6· ·at a gas station that was down the street around the ·6· · · · A.· ·No.
·7· ·corner from the school, and he told Tyler Barnes, he ·7· · · · Q.· ·Did Brian Ferentz ever say anything to you
·8· ·was, like, "I ain't worried about nobody out here. ·8· ·about your hair?
·9· ·I'm not worried about these people at all." ·9· · · · A.· ·No.
10· · · · · · ·And I'm listening to him tell the story. 10· · · · Q.· ·Do you have tattoos, Mr. Wadley?
11· ·He's, like, "You want to know what I told him?· You 11· · · · A.· ·Yes.
12· ·want to know what I told Tyler Barnes?"· He's, like, 12· · · · Q.· ·Did Brian Ferentz ever saying anything to
13· ·"I'm not worried about nothing.· You don't want to 13· ·you about your tattoos?
14· ·act scared.· You know, these people are going to 14· · · · A.· ·No.
15· ·look at me and think I'm a cop or a detective or 15· · · · Q.· ·Did Brian Ferentz ever say anything to you
16· ·something, so they're going to stay away from me." 16· ·about your clothing, if you can recall?
17· · · · · · ·And as I was listening to him tell that 17· · · · A.· ·No.
18· ·story, I just was like thinking like, you know, like 18· · · · Q.· ·Do you wear jewelry, Mr. Wadley, or did
19· ·this is not a story you want to tell me.· That's 19· ·you wear jewelry when you were in the Iowa program?
20· ·just -- that's offensive.· What you mean by "these 20· · · · A.· ·I wear jewelry, but I didn't wear it at
21· ·people" and what do you mean by they're going to 21· ·Iowa.· We wasn't allowed to wear jewelry.
22· ·think you're a cop? 22· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
23· · · · Q.· ·You found the story offensive and you 23· ·you about any jewelry that you were wearing in the
24· ·thought he was trying to make a joke.· Is that fair 24· ·Iowa program?
25· ·to say? 25· · · · A.· ·No.· It wasn't Brian, no.
Page 171 Page 173
·1· · · · A.· ·He was telling a story and he was trying ·1· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
·2· ·to be funny.· He was talking about how funny he ·2· ·you about the way that you talked or your diction?
·3· ·thought it was that Tyler Barnes, how he was so ·3· · · · A.· ·My addiction?
·4· ·scared or whatever. ·4· · · · Q.· ·No, not addiction.· I apologize.· I did
·5· · · · Q.· ·And you took it in that context that he ·5· ·not mean to suggest any addiction.· Diction just
·6· ·was trying to be humorous or light-hearted?· That's ·6· ·meaning the manner in which you speak.· Did he say
·7· ·fair to say? ·7· ·anything to you about the manner in which you speak,
·8· · · · · · ·MS. HECKENKEMPER:· Object to form. ·8· ·if you can recall?
·9· · · · Q.· ·(By Mr. Stone) Let's break it down.· When ·9· · · · A.· ·Can you rephrase that question?
10· ·he told you that story, did you think he thought it 10· · · · Q.· ·Yes.· Did Mr. Brian Ferentz ever say
11· ·was humorous? 11· ·anything to you about the way that you talk or
12· · · · A.· ·Yes. 12· ·talked in the Iowa football program?
13· · · · Q.· ·When he told you that story, did you think 13· · · · A.· ·No.
14· ·he thought it was light-hearted? 14· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
15· · · · A.· ·I don't know what he thought.· I don't 15· ·you about the way that you walked?
16· ·know if he thought it was light-hearted, but I 16· · · · A.· ·No.
17· ·definitely thought he thought that it was funny 17· · · · Q.· ·And I want to ask the same questions about
18· ·because as he was telling me, he kind of laughed at 18· ·whether Brian Ferentz either mocked or made fun of
19· ·certain parts when he was telling me the story. 19· ·or ridiculed you about those same subjects.· Did
20· · · · Q.· ·He was trying to make a joke, and it was a 20· ·Mr. Brian Ferentz ever mock, make fun of you, or
21· ·joke that you found to be offensive? 21· ·ridicule you about your hair?
22· · · · A.· ·I don't believe he was trying to make a 22· · · · A.· ·No.
23· ·joke.· I believe he was telling a story, and he 23· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
24· ·thought it was funny that Tyler Barnes was so -- 24· ·you, or ridicule you about your tattoos?
25· ·like, was so nervous and so scared when they came to 25· · · · A.· ·No.

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·1· · · · Q.· ·Did Mr. Brian Ferentz ever mock, make fun ·1· ·and we was outdoors, but we was right next to the
·2· ·of you, or ridicule you about your clothing? ·2· ·indoor facility.· We was outdoors right next to the
·3· · · · A.· ·No. ·3· ·indoor facility on the far field.· Not the field
·4· · · · Q.· ·Did Mr. Brian Ferentz ever -- ·4· ·nextdoor to the indoor facility, but it's another
·5· · · · A.· ·Hold up.· Yes. ·5· ·field on the other side, like right next to that
·6· · · · Q.· ·I'm sorry, Mr. Wadley. ·6· ·side.
·7· · · · A.· ·Yes.· That last -- you said did he ever ·7· · · · · · ·And we was -- we would all bring up -- we
·8· ·mock or make fun of me about clothing? ·8· ·would all come in like a whole huddle and we would
·9· · · · Q.· ·Yeah.· Is that the incident -- ·9· ·get addressed from Kirk Ferentz, the whole team, and
10· · · · A.· ·Yes. 10· ·then after that situation, after we leave the whole
11· · · · Q.· ·-- about the skullcap that -- 11· ·team, we would meet -- we would break up and go to
12· · · · A.· ·Yes. 12· ·our position groups.
13· · · · Q.· ·And I don't mean to -- we'll get to that, 13· · · · · · ·In our position groups, Brian Ferentz was
14· ·Mr. Wadley.· I did not mean to skip over that, okay? 14· ·my position coach, and he had all of the running
15· ·We'll let you talk about that in a second.· But 15· ·backs and the fullbacks as well, and he spoke to us
16· ·other than that incident, did he ever say anything 16· ·and we broke it up.· After that incident, after we
17· ·to you about your clothing or your dress? 17· ·broke it up, after we finished our meetings, you
18· · · · A.· ·No. 18· ·could -- you got the option to either run off the
19· · · · Q.· ·Did Mr. Brian Ferentz ever mock, make fun 19· ·field, walk the field, go get you a drink, go get
20· ·of you, or ridicule you about your jewelry? 20· ·you exercise, anything you want to do.
21· · · · A.· ·No. 21· · · · · · ·I so happened to take my hat -- my helmet
22· · · · Q.· ·Did he ever mock, make fun of you, or 22· ·off and a light jog off the field, like a light
23· ·ridicule you about the way that you talked? 23· ·trot, while he was trotting on the side of me, like
24· · · · A.· ·No. 24· ·light jogging on the side of me off the field near
25· · · · Q.· ·Did he ever mock, make fun of you, or 25· ·the equipment where all of the strength and
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·1· ·ridicule you about the way that you walked? ·1· ·conditioning coaches have the bikes.· They have
·2· · · · A.· ·No. ·2· ·the -- that the hurt players go.· They ride on the
·3· · · · Q.· ·Now, there was an incident that you've ·3· ·bikes if you can't complete a practice.
·4· ·described, I think both in the complaint and in the ·4· · · · · · ·So we was trotting off, and we was around
·5· ·answers to interrogatories about, a time when you ·5· ·that area trotting off to go inside the facility,
·6· ·were wearing a Nike skullcap, I believe, or a couple ·6· ·and he seen me.· He looked at me.· He looked at me
·7· ·of incidents.· Can you explain those to me in your ·7· ·twice and was, like, "Hey, you about to rob the
·8· ·own words, Mr. Wadley? ·8· ·liquor store?"· He asked me "Hey, with that thing,
·9· · · · A.· ·Yeah.· Hold up.· Can you ask that question ·9· ·you about to rob the liquor store with that?"
10· ·again? 10· · · · · · ·Because I still -- I took my helmet off
11· · · · Q.· ·You bet.· You have talked about a time 11· ·and I had the cap on me.· It covered -- I was so
12· ·when you were wearing a Nike skullcap that was 12· ·cold that day, and I had it covering my whole face.
13· ·issued by the Iowa football program when you believe 13· ·All you could see was my eyes and partially my nose.
14· ·that Brian Ferentz said some things to you that were 14· ·And he asked me as we was trotting off the field,
15· ·offensive to you.· Can you explain that circumstance 15· ·and I looked at him and was just like -- I just
16· ·to me? 16· ·shook my head and kept moving.
17· · · · A.· ·Yes.· Well, the first time -- we was 17· · · · Q.· ·Anything else said at that time?
18· ·issued facility Nike caps when it got cold to cover 18· · · · A.· ·No.
19· ·up our ears and our face outside when we're playing, 19· · · · Q.· ·How many times did that take place?
20· ·and the whole team had the option to, you know, grab 20· · · · A.· ·That incident, first it was the liquor
21· ·one if they wanted one or not, and I took that 21· ·store.· Then it was the gas station.· He asked me
22· ·option and I grabbed one. 22· ·was I trying to rob a gas station at the Pinstripe
23· · · · · · ·(Mr. Solomon-Simmons joined the 23· ·Bowl where we broke off the practice, and we was in
24· ·deposition.) 24· ·New York.· We was breaking up.· It was the running
25· · · · A.· ·I was practicing with it on in the winter, 25· ·backs around, and we broke up, and it was the same

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·1· ·thing, but in that incident, it was like the running ·1· · · · Q.· ·Did Seth Wallace ever say anything to you
·2· ·backs can hear that, and that's when we broke up, he ·2· ·about your jewelry?
·3· ·asked me, he's, like, "Hey --" because I still had ·3· · · · A.· ·No.
·4· ·that same cap on, and he asked me that after we ·4· · · · Q.· ·Did Mr. Seth Wallace ever saying anything
·5· ·broke up. ·5· ·to you about the way that you talk?
·6· · · · Q.· ·Were you ever threatened with your ·6· · · · A.· ·No.
·7· ·scholarship being taken away? ·7· · · · Q.· ·Did Seth Wallace ever say anything to you
·8· · · · A.· ·No. ·8· ·about the way you walk?
·9· · · · · · ·MR. STONE:· Why don't we take ten minutes, ·9· · · · A.· ·No.
10· ·Mr. Wadley, and -- we'll take a break here and come 10· · · · Q.· ·Did Seth Wallace ever mock, make fun of,
11· ·back in about ten minutes, okay? 11· ·or ridicule you about your hair?
12· · · · · · ·THE WITNESS:· Okay. 12· · · · A.· ·No.
13· · · · · · ·VIDEOGRAPHER:· Off the record at 2:37 p.m. 13· · · · Q.· ·Did Seth Wallace ever mock, make fun of
14· · · · · · ·(Recess taken from 2:37 to 2:54 p.m.) 14· ·you, or ridicule you about your tattoos?
15· · · · · · ·VIDEOGRAPHER:· On the record at 2:54 p.m. 15· · · · A.· ·No.
16· · · · · · ·MR. SOLOMON-SIMMONS:· Mr. Stone, before 16· · · · Q.· ·Did Seth Wallace ever mock, make fun of
17· ·you start your next question, I didn't get to say 17· ·you, or ridicule you about your clothing?
18· ·this after lunch.· You guys used some videos today 18· · · · A.· ·No.
19· ·in the deposition that we hadn't received or seen 19· · · · Q.· ·Did Seth Wallace ever mock, make fun of
20· ·before, and we've asked for those type of videos in 20· ·you, or ridicule you about your jewelry?
21· ·our discovery responses.· Could we possibly have 21· · · · A.· ·No.
22· ·just a Rule 37 discussion about that immediately 22· · · · Q.· ·Did Seth Wallace ever mock, make fun of
23· ·following this meeting to talk about what other 23· ·you, or ridicule you about the way that you speak?
24· ·videos you may have that we should be entitled to? 24· · · · A.· ·No.
25· · · · · · ·MR. STONE:· Yeah, we can talk about that. 25· · · · Q.· ·Did Seth Wallace ever mock, make fun of
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·1· · · · · · ·MR. SOLOMON-SIMMONS:· Okay.· Great. ·1· ·you, or ridicule you about the way that you walk?
·2· · · · · · ·MR. STONE:· These are not University ·2· · · · A.· ·No.
·3· ·records.· They're public records that we found on ·3· · · · Q.· ·The same questions with respect to Coach
·4· ·the internet.· So ... ·4· ·Kirk Ferentz.· Did Coach Kirk Ferentz ever say
·5· · · · · · ·MR. SOLOMON-SIMMONS:· Okay. ·5· ·anything to you about your hair?
·6· · · · · · ·MR. STONE:· All right.· Are we back on the ·6· · · · A.· ·No.
·7· ·record? ·7· · · · Q.· ·Did Kirk Ferentz ever say anything to you
·8· · · · · · ·VIDEOGRAPHER:· We are. ·8· ·about your tattoos?
·9· · · · Q.· ·(By Mr. Stone) Thank you.· Mr. Wadley, I ·9· · · · A.· ·No.
10· ·want to ask you about Seth Wallace.· He was not your 10· · · · Q.· ·Did Kirk Ferentz ever say anything to you
11· ·position coach at any time, correct? 11· ·about the clothing or the way that you dressed?
12· · · · A.· ·Correct. 12· · · · A.· ·No.
13· · · · Q.· ·Is it correct that he had almost nothing 13· · · · Q.· ·Did Kirk Ferentz ever say anything to you
14· ·to do with coaching you during the time you were 14· ·about your jewelry?
15· ·participating in the Iowa football program? 15· · · · A.· ·No.
16· · · · A.· ·Yes. 16· · · · Q.· ·Did Kirk Ferentz ever say anything to you
17· · · · Q.· ·Did Mr. Seth Wallace ever say anything to 17· ·about the way that you speak?
18· ·you about your hair? 18· · · · A.· ·No.
19· · · · A.· ·No. 19· · · · Q.· ·Did Kirk Ferentz ever say anything to you
20· · · · Q.· ·Did he ever say anything to you about your 20· ·about the way that you walk?
21· ·tattoos? 21· · · · A.· ·No.
22· · · · A.· ·No. 22· · · · Q.· ·Did Kirk Ferentz ever mock, make fun of
23· · · · Q.· ·Did Seth Wallace ever saying anything to 23· ·you, or ridicule you about your hair?
24· ·you about your clothing? 24· · · · A.· ·No.
25· · · · A.· ·No. 25· · · · Q.· ·Did Kirk Ferentz ever mock, make fun of

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·1· ·you, or ridicule you about your tattoos? ·1· ·way, like I said, they didn't -- you know, Chris
·2· · · · A.· ·No. ·2· ·Doyle didn't want anybody wearing hoodies.
·3· · · · Q.· ·Did Kirk Ferentz ever mock, make fun of ·3· · · · Q.· ·Did Chris Doyle ever mock, make fun of
·4· ·you, or ridicule you about your clothing? ·4· ·you, or ridicule you about your jewelry?
·5· · · · A.· ·No. ·5· · · · A.· ·No.
·7· ·you, or ridicule you about your jewelry? ·7· ·you, or ridicule you about the way that you speak?
·8· · · · A.· ·No. ·8· · · · A.· ·No.
10· ·you, or ridicule you about the way that you speak? 10· ·you, or ridicule you --
11· · · · A.· ·No. 11· · · · A.· ·Just to double back -- not to cut you off,
12· · · · Q.· ·Did Kirk Ferentz ever mock, make fun of 12· ·but when you asked about Kirk Ferentz, I would say
13· ·you, or ridicule you about the way that you walk? 13· ·the same thing with hoodies goes for -- he would
14· · · · A.· ·No. 14· ·always say, "The Iowa way, we don't wear hoodies."
15· · · · Q.· ·The same questions about Coach Chris 15· ·He'd always say that.· But that was ...
16· ·Doyle.· Did Chris Doyle ever say anything to you 16· · · · Q.· ·Let me reask my other question, which is
17· ·about your hair? 17· ·whether Chris Doyle ever mocked, made fun of you, or
18· · · · A.· ·No. 18· ·ridiculed you about the way that you walk.
19· · · · Q.· ·Did Chris Doyle ever say anything to you 19· · · · A.· ·No.
20· ·about your tattoos? 20· · · · Q.· ·Were you part of any leadership council or
21· · · · A.· ·No. 21· ·players council, Mr. Wadley, if you know?
22· · · · Q.· ·Did Chris Doyle ever say anything to you 22· · · · A.· ·Yes.
23· ·about your clothing? 23· · · · Q.· ·Were you?· Were you elected to one of
24· · · · A.· ·No. 24· ·those groups or asked to join?
25· · · · Q.· ·Did Chris Doyle ever say anything to you 25· · · · A.· ·Yes.
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·1· ·about your jewelry? ·1· · · · Q.· ·Which was it?· Were you elected or did
·2· · · · A.· ·No. ·2· ·somebody ask you to join?
·3· · · · Q.· ·Did Chris Doyle ever say anything to you ·3· · · · A.· ·I was a senior and I was elected.· I was
·4· ·about the way that you speak? ·4· ·elected.· I feel like elected and asked to join,
·5· · · · A.· ·He said something to me about jewelry, but ·5· ·either/or.· I was elected.· Then I was asked to
·6· ·he was addressing everybody at my -- we had three ·6· ·join, I guess.· I'm not understanding the question.
·7· ·different groups of workout times.· I was at one of ·7· ·Is it like --
·8· ·the groups, and I may -- I've seen him make a few ·8· · · · Q.· ·Let me see if I can clarify it,
·9· ·black players go to the locker room, take off their ·9· ·Mr. Wadley.· Was there a vote of players that
10· ·jewelry, like take off whatever they got on, and 10· ·elected other players to a leadership council or a
11· ·then I remember him saying, "That's not the Iowa 11· ·players council?· If you know.
12· ·way.· We don't wear jewelry.· We don't wear hoodies 12· · · · A.· ·Yes.
13· ·and stuff like that.· That's not the Iowa way." 13· · · · Q.· ·Did the other players vote you into that
14· · · · Q.· ·Did Chris Doyle ever say anything to you 14· ·council or were you asked to join the council by a
15· ·about the way that you walk? 15· ·coach, if you can recall?
16· · · · A.· ·No. 16· · · · A.· ·I can't recall.
17· · · · Q.· ·Did Chris Doyle ever mock, make fun of 17· · · · Q.· ·What do you recall about -- or can you
18· ·you, or ridicule you about your hair? 18· ·recall the name of the group that you were a member
19· · · · A.· ·No. 19· ·of that was a leadership council or players council?
20· · · · Q.· ·Did Chris Doyle ever mock, make fun of 20· · · · A.· ·I recall it being called the leadership
21· ·you, or ridicule you about your tattoos? 21· ·group.
22· · · · A.· ·No. 22· · · · Q.· ·When were you on the leadership group?
23· · · · Q.· ·Did Chris Doyle ever mock, make fun of 23· · · · A.· ·My last year.· My senior year, 2017.
24· ·you, or ridicule you about your clothing? 24· · · · Q.· ·Did you join in the summer, or when did
25· · · · A.· ·Yes.· He told us that we don't -- the Iowa 25· ·you join, if you can recall?

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·1· · · · A.· ·I can't recall when exactly -- when I ·1· ·Brian Ferentz or Chris Doyle because of the way they
·2· ·exactly joined.· I can't recall the exact date. ·2· ·talk and the way they coach and the way they treat
·3· · · · Q.· ·Did you attend meetings? ·3· ·black people.
·4· · · · A.· ·A few.· We've had a few meetings, but ·4· · · · · · ·I was explaining -- I was trying to tell
·5· ·not -- we wasn't consistent with meetings. ·5· ·him that they need to allow people time to, you
·6· · · · Q.· ·What can you recall about the meetings? ·6· ·know, understand, get adjusted to Iowa, you know.
·7· · · · A.· ·Throughout the first meeting, we would all ·7· ·When it was my time to talk about leadership, that's
·8· ·sit down with Kirk Ferentz.· We would all -- it ·8· ·what I remember touching on.
·9· ·was -- no more than -- I don't want to guess the ·9· · · · · · ·(Mr. Parker left the deposition.)
10· ·amount of people that was in the leadership group. 10· · · · Q.· ·And do you recall anything else that you
11· ·There wasn't no more than 15 people. 11· ·said?
12· · · · · · ·And he gave everybody a chance to go 12· · · · A.· ·No.· That's what I recall from the
13· ·around the circle and just explain, just talk about 13· ·meeting.
14· ·themself and any complaints or any issues they were 14· · · · Q.· ·Did --
15· ·having at the university or on the field, off the 15· · · · A.· ·On this day.
16· ·field.· He went around to asking everybody for their 16· · · · Q.· ·Excuse me.· I didn't mean to interrupt
17· ·input. 17· ·you.· Did Kirk Ferentz make a response to your
18· · · · Q.· ·Did you make an answer to that invitation? 18· ·comments?
19· ·Did you talk yourself? 19· · · · A.· ·No.
20· · · · A.· ·Yes. 20· · · · Q.· ·How many leadership council meetings did
21· · · · Q.· ·What did you talk about? 21· ·you attend?
22· · · · A.· ·I talked about how -- I talked about -- I 22· · · · A.· ·I don't know the exact number, but it
23· ·remember talking about how Chris Doyle or Brian 23· ·wasn't a lot.
24· ·Ferentz, when they're coaching you -- like I say, 24· · · · Q.· ·Do you recall anything else that was
25· ·there's a difference between being coached hard and 25· ·discussed by you at any of the other leadership
Page 187 Page 189
·1· ·just completely being disrespected. ·1· ·council meetings?
·2· · · · · · ·When it was my turn to speak, I was ·2· · · · A.· ·Can you ask that question again?
·3· ·talking -- I was telling him that I'm not used to ·3· · · · Q.· ·Yes.· Do you recall anything else that was
·4· ·people -- coaches, family, friends, anyone talking ·4· ·discussed at the subsequent, or later, leadership
·5· ·to me as in the tone Brian Ferentz or Chris Doyle ·5· ·council meetings by you that you spoke to
·6· ·talks to you when they're trying to, quote, unquote, ·6· ·individually?
·7· ·coach you.· And I explained that, you know, that's ·7· · · · A.· ·Can you ask that question one more time?
·8· ·just not -- they need to do a better job relaying ·8· ·Because I'm not sure I understand what you're
·9· ·their message when they're coaching. ·9· ·saying.
10· · · · · · ·I spoke on that, and I spoke on, you know, 10· · · · Q.· ·All right.· I'm asking about the later
11· ·when we first -- when I first got to the university, 11· ·leadership council meetings after that first one
12· ·it was hard for me to adjust because I'm from 12· ·that you attended, and was there anything else that
13· ·New Jersey where -- you know, the inner city, where 13· ·you said that was new and different, or what did you
14· ·things are a little bit faster.· Things are moving 14· ·say at the subsequent meetings?
15· ·faster.· You know, I grew up totally different from, 15· · · · A.· ·I didn't say anything at the next meeting
16· ·you know, Iowa.· Like, I'm not -- I wasn't used to 16· ·I attended.· I vaguely remember what stuck out to me
17· ·it. 17· ·at one of the meetings was how some of the white
18· · · · · · ·And I was explaining how the coaching 18· ·players -- well, I want to say Kluver.· The long
19· ·staff needs to get a better understanding of certain 19· ·snapper, I think Kluver, or Ward.
20· ·players they're recruiting, like players -- like 20· · · · · · ·Before anything, he just blurts out "Okay.
21· ·black players they're recruiting.· These players, 21· ·So [audio cut out]."
22· ·they're not from Iowa, you know.· They don't 22· · · · · · ·COURT REPORTER:· Sorry to interrupt, but I
23· ·understand how it is in Iowa.· And that is why a big 23· ·think we lost part of his answer.· I think he cut
24· ·percentage of African Americans doesn't survive 24· ·out.· "He just blurts out..."
25· ·being in Iowa.· They don't survive Kirk Ferentz or 25· · · · Q.· ·(By Mr. Stone) Mr. Wadley, we were having

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·1· ·a little break in the internet, I think.· Could you ·1· · · · Q.· ·I'm sorry?
·2· ·go back and repeat your answer, if you recall? ·2· · · · A.· ·I wanted to kneel during one of the -- you
·3· · · · A.· ·Yes. ·3· ·know, before the game when they -- the national
·4· · · · · · ·MR. SOLOMON-SIMMONS:· Something about ·4· ·anthem comes on.· I did have in mind and wanted to
·5· ·blurting out. ·5· ·support, you know, Colin Kaepernick and the movement
·6· · · · A.· ·Kluver or Ward -- yeah, he blurted out ·6· ·he started from the NFL.· You know, a few of my
·7· ·just like -- just opened up, started the meeting ·7· ·teammates, we wanted to kneel.
·8· ·just telling on -- just basically telling.· He's, ·8· · · · Q.· ·And did you make that request to the
·9· ·like, "Are we going to talk about -- talk to ·9· ·coaching staff?
10· ·Chauncey?· Are we going to do something about 10· · · · A.· ·They shut that down and -- yeah.· They
11· ·Chauncey not being on his phone in the locker room 11· ·shut that down before it even -- you know, they
12· ·during breaks?· Are we going to talk about that?" 12· ·didn't even give us the option.· I remember Kirk
13· · · · · · ·And everybody, you know, they was, like, 13· ·Ferentz saying, "Well, we're not --" he told the
14· ·"Come on, come on, we're not here.· We're not doing 14· ·team this, "Well, we're not going to kneel.· We're
15· ·that."· That's one thing that stuck out to me.· That 15· ·not going to --" he shut that down.
16· ·was another meeting we went to, and I'm, like -- I 16· · · · · · ·He basically said, "We're not going to
17· ·was so new to it, and I'm, like, is this, like, what 17· ·kneel.· We're not going to do that.· The football
18· ·the leadership, you know, committee is all about? 18· ·place is not -- it's not a place for that," you
19· ·Are we just attacking black players?· Because 19· ·know.· "That's going to distract what we got going
20· ·there's so many people on their phone in the locker 20· ·on.· It's not the Iowa way."· I remember him saying
21· ·room.· Why did you pick that guy out of everybody to 21· ·something like that.· But he shut that down.
22· ·just, you know, tell on? 22· · · · · · ·And I guess they enabled players to kneel
23· · · · Q.· ·(By Mr. Stone) And do you recall anything 23· ·because this past season, I've seen other players
24· ·that you said at any subsequent leadership council 24· ·kneeling so -- that's what stuck out to me.
25· ·meeting? 25· · · · Q.· ·You mean that policy was changed at some
Page 191 Page 193
·1· · · · A.· ·No. ·1· ·point in time after you left the university?
·2· · · · Q.· ·As you sit here today and recollect those ·2· · · · A.· ·That policy was changed after the George
·3· ·meetings, how many do you think you attended in ·3· ·Floyd incident and -- because I didn't see anybody
·4· ·2017? ·4· ·kneel before that incident.
·5· · · · A.· ·I don't know. ·5· · · · Q.· ·Did you ever talk with a coach about that
·6· · · · Q.· ·Were you involved in any political ·6· ·decision?· Did you say anything to Kirk Ferentz or
·7· ·activities or protests at the University of Iowa? ·7· ·other coaches about that decision?
·8· · · · A.· ·No. ·8· · · · A.· ·No.
·9· · · · Q.· ·Do you know if you were ever punished or ·9· · · · Q.· ·If you had wanted to go to a political
10· ·received any discipline for any political 10· ·rally or attend some candidate's event or something,
11· ·activities? 11· ·do you think that you had the opportunity to do that
12· · · · A.· ·No. 12· ·while you were part of the Iowa program?
13· · · · Q.· ·Did you ever ask a coach if you could go 13· · · · A.· ·When you talk about -- what are you
14· ·to a political activity outside the football 14· ·talking about when you talk about a program?
15· ·program? 15· · · · Q.· ·Well --
16· · · · A.· ·No. 16· · · · A.· ·Like an event?
17· · · · Q.· ·Did you ever have any answers -- 17· · · · Q.· ·If there were a candidate's event on
18· · · · A.· ·No. 18· ·campus where they were giving a speech or something,
19· · · · Q.· ·I'm sorry.· Were you finished, Mr. Wadley? 19· ·did you believe that you as an individual had a
20· · · · A.· ·Yes. 20· ·right to go attend that event if you wanted to?
21· · · · Q.· ·Did you have -- did you ever have any 21· · · · A.· ·Yes.
22· ·personal interest in attending a political rally or 22· · · · Q.· ·Do you recall a time when some players
23· ·event while you were participating in the football 23· ·presented Mr. Donald Trump with a jersey?· Do you
24· ·program? 24· ·recall that incident?
25· · · · A.· ·No, but I did want to knee when -- 25· · · · A.· ·Yes.

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·1· · · · Q.· ·Was that something that you spoke about to ·1· ·activities?
·2· ·anyone? ·2· · · · A.· ·No.
·3· · · · A.· ·Yes. ·3· · · · Q.· ·Did Seth Wallace say anything to you about
·4· · · · Q.· ·Who did you talk to, Mr. Wadley, about ·4· ·political speech?
·5· ·that presentation of a jersey to Mr. Donald Trump? ·5· · · · A.· ·Political speech like what?
·6· · · · A.· ·A few of my teammates. ·6· · · · Q.· ·What you could do or what you could say
·7· · · · Q.· ·Did you talk to any coaches? ·7· ·about political activities?· Did Mr. Seth Wallace
·8· · · · A.· ·No. ·8· ·say anything like that?
·9· · · · Q.· ·Did Brian Ferentz ever say anything to you ·9· · · · A.· ·No.
10· ·about any political activities or political speech, 10· · · · Q.· ·Did Mr. Seth Wallace say anything to you
11· ·if you can recall? 11· ·about attending political rallies?
12· · · · A.· ·Political speech like what? 12· · · · A.· ·No.
13· · · · Q.· ·Well, do you recall whether Brian Ferentz 13· · · · Q.· ·Did Mr. Seth Wallace say anything to you
14· ·ever said anything to you, either individually or as 14· ·as to whether there were any restrictions or any
15· ·part of a team meeting, about what was going to be 15· ·rules about your participating in political
16· ·allowed or what the football players could do with 16· ·activities?
17· ·regard to political activities?· Did that come from 17· · · · A.· ·No.· I said no.
18· ·Brian Ferentz, if you know? 18· · · · Q.· ·Yeah.· Thank you, Mr. Wadley.· I was just
19· · · · A.· ·I don't get the question.· Can you, like, 19· ·looking at my notes here.
20· ·rephrase it? 20· · · · · · ·Did you ever hear Mr. Kirk Ferentz give
21· · · · Q.· ·Yes. 21· ·instructions to Coach Chris Doyle or to Brian
22· · · · A.· ·Are you saying -- go ahead.· Go ahead.· Go 22· ·Ferentz about how to treat black players or African
23· ·ahead. 23· ·American members of the football program?· Did you
24· · · · Q.· ·I'll rephrase it, Mr. Wadley.· I'm really 24· ·overhear any such instructions?
25· ·just interested in focusing in on Brian Ferentz for 25· · · · A.· ·No.
Page 195 Page 197
·1· ·this question. ·1· · · · Q.· ·Do you know of any athlete in the Iowa
·2· · · · A.· ·Okay. ·2· ·football program who was ever punished for
·3· · · · Q.· ·And the question is whether Brian Ferentz ·3· ·participating in any political activity?
·4· ·said anything to you about political activities that ·4· · · · A.· ·No.
·5· ·you can recall coming from Brian Ferentz. ·5· · · · Q.· ·Mr. Wadley, we had some comments or your
·6· · · · A.· ·Political activities like what? ·6· ·testimony earlier about your use of social media.
·7· · · · Q.· ·Oh, like going to a rally or what was ·7· ·Do you know when you first started a Twitter
·8· ·permitted or what football players could do or ·8· ·account?
·9· ·anything like that.· Did any of that come from Brian ·9· · · · A.· ·Right after the season.· It was after the
10· ·Ferentz? 10· ·season, after I was done with Iowa.
11· · · · A.· ·No. 11· · · · Q.· ·And during the time that you were
12· · · · Q.· ·How about Coach Chris Doyle?· Did he say 12· ·participating in the Iowa program, you did not have
13· ·anything to you about political activities or 13· ·a Twitter account, correct?
14· ·political rallies or political protests or speech? 14· · · · A.· ·Correct.· We weren't allowed to use
15· ·Anything like that come from Coach Chris Doyle, if 15· ·Twitter.
16· ·you can recall? 16· · · · Q.· ·The address that had the underscore
17· · · · A.· ·No. 17· ·between the name Akrum and the name Wadley, do you
18· · · · Q.· ·How about Seth Wallace?· Did anything come 18· ·know when you first got that on Twitter?
19· ·from Seth Wallace about political speech or 19· · · · A.· ·When I created my account.
20· ·political activities or political rallies or any 20· · · · Q.· ·Do you have any record or ability to
21· ·rules or restrictions? 21· ·determine when you created your account?
22· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form. 22· · · · A.· ·It was right after I finished with Iowa.
23· · · · Q.· ·(By Mr. Stone) Let's break it down, 23· ·Right after I finished with Iowa.· I don't know the
24· ·Mr. Wadley.· Do you remember, Coach Seth Wallace, 24· ·exact date, but it was in 2018.
25· ·did he say anything to you about political 25· · · · Q.· ·Pretty soon after the Pinstripe Bowl?

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·1· · · · A.· ·It was after the Pinstripe Bowl, yeah. ·1· ·statement?
·2· · · · Q.· ·Do you remember making a complaint about ·2· · · · A.· ·Did I work with who?
·3· ·Kirk Ferentz's press conference before the Pinstripe ·3· · · · Q.· ·Mr. Robert T. Green to write this
·4· ·Bowl?· Specifically, he said that the scariest thing ·4· ·statement.· Do you recall?
·5· ·was that you might be the tour guide?· Do you recall ·5· · · · A.· ·I don't recall working with him to write
·6· ·that? ·6· ·no statement.
·7· · · · A.· ·I remember that. ·7· · · · · · ·(Mr. Parker joined the deposition.)
·8· · · · Q.· ·And he -- well, let's take a look at ·8· · · · Q.· ·Why don't you take a look at this.· Is
·9· ·Exhibit 47 if I could share my screen a second here. ·9· ·this a statement that you wrote?· Do you recall?
10· ·Can you see this report of the "Ferentz talks about 10· · · · A.· ·Okay.· Hold on one second.· You want me to
11· ·the Pinstripe Bowl"? 11· ·read this entire --
12· · · · A.· ·Yes. 12· · · · Q.· ·Well, I'm just going to ask you about the
13· · · · Q.· ·I'm going to scroll down.· And you can 13· ·third paragraph there that talks about the Pinstripe
14· ·read the entire page if you'd like to, Mr. Wadley. 14· ·Bowl conference, Mr. Wadley, but you can read --
15· ·I think the words I want to ask you about are right 15· · · · A.· ·Okay.· I see it.· Okay.
16· ·here [indicating].· It says, "Probably the scariest 16· · · · Q.· ·You can read the whole thing if you'd
17· ·thing right now is to think that Akrum Wadley might 17· ·like.· You can read the whole thing if you'd like.
18· ·be our tour guide during this trip.· That's a little 18· ·I'm not trying to cut you short.
19· ·frightening to me.· But in all seriousness, bowl 19· · · · A.· ·Okay.
20· ·games are special, and the biggest thing is that we 20· · · · Q.· ·But my question will only be about the
21· ·want our players to have an enjoyable month, and 21· ·Pinstripe Bowl conference.
22· ·also it's an opportunity to win a football game." 22· · · · A.· ·Okay.· All right.· I've read it.
23· · · · · · ·Why don't you go ahead and take a look at 23· · · · Q.· ·In that fourth paragraph there, it's
24· ·as much of that as you'd like to see. 24· ·actually kind of the third full paragraph, but it
25· · · · A.· ·I've read it. 25· ·says, "A reporter said to Kirk Ferentz 'Coach, it's
Page 199 Page 201
·1· · · · Q.· ·Okay.· Do you believe that's what Kirk ·1· ·a good thing you're going to New York because your
·2· ·Ferentz said in his press conference, was that the ·2· ·star player, Akrum Wadley, who's from New Jersey,
·3· ·scariest thing now was to think that you might be ·3· ·can show you guys around.'· Kirk Ferentz responded
·4· ·the tour guide? ·4· ·to him, 'That's the worst thing about it!" end of
·5· · · · A.· ·Yes. ·5· ·quote.· "It was hard to even see his face on most
·6· · · · Q.· ·Did you understand that, in all ·6· ·occasions."· Did I read that correctly?
·7· ·seriousness, bowl games are special? ·7· · · · A.· ·Yes.
·8· · · · A.· ·Can you ask that question again? ·8· · · · Q.· ·Now, is that something that you wrote
·9· · · · Q.· ·Yeah.· It goes on later to say, "But in ·9· ·or -- do you know whether you wrote this?
10· ·all seriousness, bowl games are special."· Do you 10· · · · A.· ·I didn't write that.
11· ·see those words? 11· · · · Q.· ·Did you tell somebody that Kirk responded
12· · · · A.· ·Yes. 12· ·that's the worst thing about it?
13· · · · Q.· ·Did you understand whether Kirk Ferentz 13· · · · A.· ·I had a conversation with my mother.· We
14· ·was trying to make a joke at the time in this press 14· ·was sitting down and we was speaking about
15· ·conference when he said, "The scariest thing right 15· ·everything, and that was the conversation I had with
16· ·now is that Akrum Wadley might be our tour guide 16· ·her.· Yes.
17· ·during this trip"? 17· · · · Q.· ·As you see the press conference,
18· · · · A.· ·I didn't think that was funny. 18· ·Exhibit 47, you see that Kirk Ferentz didn't say
19· · · · Q.· ·Let's take a look at Exhibit 46.· Do you 19· ·"That's the worst thing."· He says, "It's the
20· ·see Exhibit 46 in front of you? 20· ·scariest thing," didn't he?
21· · · · A.· ·Yes. 21· · · · A.· ·Yes, it says that.· That's what it says.
22· · · · Q.· ·And that's an item from Robert T. Green; 22· · · · Q.· ·Is there some reason why you described it
23· ·is that correct? 23· ·as him saying "the worst thing"?
24· · · · A.· ·Yes. 24· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form.
25· · · · Q.· ·Did you work with Mr. Green to develop a 25· · · · Q.· ·(By Mr. Stone) You may answer.

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·1· · · · A.· ·I just felt like every time I'm being ·1· · · · A.· ·Can you repeat it?
·2· ·asked to Coach Ferentz in interviews, it's nothing ·2· · · · Q.· ·You bet.· After you were released from the
·3· ·positive, so by him responding saying it's the ·3· ·Tennessee Titans, did you get a chance to compete
·4· ·scariest, in my opinion, scary is worse. ·4· ·for a position with the Atlanta team in the XFL?
·5· · · · · · ·Anything that's negative and don't, you ·5· · · · A.· ·The AAF, Atlanta Legends.
·6· ·know, contribute to anything positive, I feel like ·6· · · · Q.· ·Okay.· In the AAF?· How did you get that
·7· ·that's just -- that's like a gut punch, you know, me ·7· ·opportunity, if you know?
·8· ·being able to go back to my home town and perform ·8· · · · A.· ·My agent reached out to me and said
·9· ·where, you know, I know the area, I know how things ·9· ·there's a guy named Nate Tice.· He was director of
10· ·is, and that was a big deal for me.· And when they 10· ·player personnel.· And there was a guy that goes by
11· ·asked him about it, he said that is the scariest 11· ·the name of Chris Thompson.· He was a manager for
12· ·thing.· That was like him telling me it was the 12· ·the Atlanta Legends.· They both reached out to me
13· ·worst.· So I didn't get the exact words he said, but 13· ·and -- well, they reached out to my agent, Bus Cook.
14· ·I know it was negative, and I didn't appreciate it. 14· ·Bus Cook reached out to me and let me know of the
15· · · · Q.· ·Did you have any -- did you have any 15· ·opportunity to go play with the Atlanta Legends.
16· ·conversations with Kirk Ferentz after the draft of 16· · · · Q.· ·Did you communicate with Kirk Ferentz
17· ·2018 when you were not selected?· Do you recall any 17· ·about that opportunity?
18· ·conversations after that time? 18· · · · A.· ·No.
19· · · · A.· ·No, I don't recall.· We spoke briefly.· He 19· · · · Q.· ·Do you know whether he had any involvement
20· ·texted me.· I know he reached out and texted me when 20· ·in helping you obtain that opportunity?
21· ·I was with the Titans, but -- can you ask that 21· · · · A.· ·No.
22· ·question again?· I was a little ... 22· · · · Q.· ·Mr. Wadley, did you pass all of your drug
23· · · · Q.· ·Well, I was asking about what 23· ·tests during the time that you were in the Iowa
24· ·communications you can recall with Kirk Ferentz 24· ·football program?
25· ·after the 2018 NFL draft, and you mentioned that 25· · · · A.· ·Yes.
Page 203 Page 205
·1· ·while you were with the Titans, you had some ·1· · · · Q.· ·Did you think you were the subject of any
·2· ·communication. ·2· ·more testing than other players?
·3· · · · A.· ·We had a hand -- we had a couple ·3· · · · A.· ·No.
·4· ·communications. ·4· · · · Q.· ·Did you sell football memorabilia after
·5· · · · Q.· ·Was he involved in any way with helping ·5· ·you were done participating in the Iowa football
·6· ·you get an opportunity with the Titans, if you know? ·6· ·program?
·7· · · · A.· ·No. ·7· · · · A.· ·Yes.
·8· · · · Q.· ·How did you get your opportunity as an ·8· · · · Q.· ·What kinds of things did you sell,
·9· ·undrafted free agent with the Titans? ·9· ·Mr. Wadley?
10· · · · A.· ·After my pro day, Tony Dews, running back 10· · · · A.· ·I had autographed footballs that I signed.
11· ·coach, Tennessee Titans, he brought me up to the -- 11· ·I had a clothing brand by the name of True Vision.
12· ·he pulled me to the side after my pro day and just 12· ·I had signed shirts.· Sold hats.· Sweatpants.
13· ·straight-up told me "Hey, we're interested in you." 13· ·Hoodies.· We was selling hats.· Did I say hats?· We
14· · · · · · ·And then he brought me up to my running 14· ·had hats.· We sold hats.· That was it.
15· ·back position room and he went over a few blitz 15· · · · Q.· ·Did you have any complaints or problems
16· ·packages from the Titans using a few plays and runs 16· ·about those sales, if you can recall?
17· ·and just talked to me about it.· And he was just 17· · · · A.· ·Yes.· It was -- yes.
18· ·telling me "We like you, man.· We see you on film. 18· · · · Q.· ·What complaints or problems did you have,
19· ·We see how you play."· And he was telling me pretty 19· ·Mr. Wadley?
20· ·much that. 20· · · · A.· ·Well, when I first began, it was supposed
21· · · · Q.· ·After you were released from the Titans, 21· ·to be just, you know, my True Vision brand and
22· ·did you get a chance to try out with the XFL with 22· ·everything, but I first -- when I first started,
23· ·the Atlanta [audio cut out]?· Did you hear the 23· ·everything went smoothly.· I had connected and
24· ·question, Mr. Wadley, or do you want me to repeat 24· ·partnered up with a group out of Iowa called Zoarc,
25· ·it? 25· ·and we both had a partnership with them.· We both

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·1· ·sold Zoarc and True Vision clothing. ·1· ·you are currently undergoing medical treatment for,
·2· · · · · · ·Then when I left Iowa and -- like, I ·2· ·Mr. Wadley?
·3· ·completely moved out of my house in Iowa, everything ·3· · · · A.· ·Are you talking about that's from Iowa or
·4· ·was going smooth.· We sold -- we was selling ·4· ·period?
·5· ·everything.· But my cousin that I had with me, he ·5· · · · Q.· ·Well, you're going to make me ask it both
·6· ·was getting so confused.· This was our first time ·6· ·ways with that answer, so let me ask if there's any
·7· ·doing it.· He was getting confused by all of the ·7· ·personal injury for which you're undergoing medical
·8· ·orders that started ramping up during Christmastime, ·8· ·treatment at the current time.
·9· ·and there was a few orders that didn't get sent ·9· · · · A.· ·No.
10· ·through, a few customers that didn't receive their 10· · · · Q.· ·Are you fully recovered from the knee
11· ·football that I signed. 11· ·injury that was the subject of the lawsuit over
12· · · · Q.· ·Were you able to eventually make good on 12· ·medical expenses and compensation with the XFL?· Are
13· ·those sales, do you know? 13· ·you recovered from that injury?
14· · · · A.· ·Yes. 14· · · · A.· ·No.
15· · · · Q.· ·Are you currently employed, Mr. Wadley? 15· · · · Q.· ·How are you still afflicted from that
16· · · · A.· ·I'm unemployed right now, but I've been 16· ·injury, Mr. Wadley?
17· ·looking to find a job. 17· · · · A.· ·I still experience, like, big pain.· Like
18· · · · Q.· ·Did you borrow any money from any agents 18· ·the pain hurts when I try to walk sometimes.· When I
19· ·or do you owe any money to any agents? 19· ·try to exercise, if I go all out one day, the next
20· · · · A.· ·No. 20· ·day I'll be sore, or it's about to rain, my leg is
21· · · · Q.· ·Did you owe any money at any time?· Did 21· ·weird.· It will start hurting.· It will start
22· ·you borrow any money from any agent? 22· ·throbbing.· So I wouldn't say I fully recovered.
23· · · · A.· ·No. 23· · · · Q.· ·Did you suffer an injury during the time
24· · · · Q.· ·How many times have you been back to Iowa 24· ·you were in the XFL that caused that pain?
25· ·City, if you know, approximately, since you finished 25· · · · A.· ·Yes.
Page 207 Page 209
·1· ·participating in the Iowa football program about the ·1· · · · Q.· ·What happened?· Could you just tell us
·2· ·time of the Pinstripe Bowl? ·2· ·briefly?
·3· · · · A.· ·A handful of times.· I don't know the ·3· · · · A.· ·In the XFL, during mini camp, we was
·4· ·exact number. ·4· ·scrimmaging each other but we wasn't -- it wasn't
·5· · · · Q.· ·Were you involved in providing any ·5· ·live.· There wasn't nobody hitting.· I received a
·6· ·information to a law firm called Husch Blackwell? ·6· ·handoff -- inside handoff to the left side and I was
·7· · · · A.· ·Can you ask that question again? ·7· ·in a hole.· I tried to change directions, and my
·8· · · · Q.· ·Yes.· Were you involved in providing any ·8· ·knee got caught up and I heard a pop to it when I
·9· ·information to a law firm named Husch Blackwell, if ·9· ·tried to switch directions, I fell.· And when I got
10· ·you know? 10· ·up, I just couldn't keep practicing.· I sat out. I
11· · · · A.· ·Yes. 11· ·went to the side.
12· · · · Q.· ·What did you do with respect to them? 12· · · · Q.· ·Are you currently receiving medical
13· · · · A.· ·I believe Husch Blackwell emailed me a set 13· ·treatment for that injury?
14· ·of questions for me to answer and return in a 14· · · · A.· ·I am receiving medical treatment, yes.
15· ·time -- in a certain amount of time period.· I don't 15· ·I'm seeing a doctor.· I was in therapy.· And I'm
16· ·recall having any conversations back and forth with 16· ·fresh out of therapy.
17· ·Husch Blackwell. 17· · · · Q.· ·Do you relate that injury at all to the
18· · · · Q.· ·Did you provide written answers? 18· ·University of Iowa in any way?
19· · · · A.· ·I believe so. 19· · · · A.· ·No.
20· · · · Q.· ·Do you have any personal injuries as a 20· · · · Q.· ·Are you seeing any medical providers for
21· ·result of your participation in the Iowa football 21· ·any other condition besides your knee currently?
22· ·program as you sit here today? 22· · · · A.· ·No.
23· · · · A.· ·Can you ask that question again? 23· · · · Q.· ·Have you seen any psychologists or
24· · · · Q.· ·Yeah.· Do you have any -- well, let me ask 24· ·therapists for any emotional injuries since you left
25· ·it this way.· Do you have any personal injuries that 25· ·Iowa?

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·1· · · · A.· ·No. ·1· · · · A.· ·No.
·2· · · · · · ·MR. STONE:· Amy, could you put our group ·2· · · · Q.· ·Did any other coach in the Iowa program
·3· ·into a room and we'll have about a five- or ·3· ·call you a gang member or say, "What gang is he in?"
·4· ·ten-minute meeting and then we'll come back?· We may ·4· · · · A.· ·No.
·5· ·be close to being done. ·5· · · · Q.· ·Did any other Iowa football coach during
·6· · · · · · ·VIDEOGRAPHER:· Off the record at 3:48 p.m. ·6· ·the time you participated in the program say words
·7· · · · · · ·(Recess taken from 3:48 to 4:05 p.m.) ·7· ·to you to the effect directly of "Go back to the
·8· · · · · · ·VIDEOGRAPHER:· On the record at 4:05 p.m. ·8· ·ghetto"?
·9· · · · Q.· ·(By Mr. Stone) We're just about finished, ·9· · · · A.· ·"Go back to the ghetto" wasn't the exact
10· ·Mr. Wadley.· Thank you for your participation.· Just 10· ·words that was used to me.
11· ·a couple follow-up things. 11· · · · Q.· ·Did any other Iowa coach use a racial slur
12· · · · · · ·You mentioned that you came back for the 12· ·or racial derogatory term directly to you in
13· ·2017 season in part because you wanted to graduate. 13· ·connection with discussions with you?· If you know.
14· ·Did I get that correct? 14· · · · A.· ·Chris Doyle, when I first got to the
15· · · · A.· ·Yes. 15· ·University of Iowa, when I first got there, my
16· · · · Q.· ·Can you tell us how many hours you took 16· ·redshirt freshman year, my first year there, in the
17· ·that 2017 fall? 17· ·summer when I first got there and was training.· It
18· · · · A.· ·I don't recall. 18· ·was the old building, not the new building.· The old
19· · · · Q.· ·Do you recall whether you passed classes 19· ·weight room.· The older weight room, which was
20· ·in that 2017 fall? 20· ·across from the new facility before it was built.
21· · · · A.· ·Yes. 21· · · · Q.· ·What is it that you recall that he said to
22· · · · Q.· ·Did you fail some classes in that 2017 22· ·you in that first year when you got there?
23· ·fall? 23· · · · A.· ·He said, "This is not the ghetto.· Do
24· · · · A.· ·I don't recall. 24· ·not --" he said, "This is not the ghetto.· You're
25· · · · Q.· ·Did you have a language requirement that 25· ·not going to behave like a bum.· You're going to
Page 211 Page 213
·1· ·you needed to complete? ·1· ·make weight."
·2· · · · A.· ·Swahili. ·2· · · · · · ·This is after I weighed in and I went to
·3· · · · Q.· ·Were you able to successfully complete any ·3· ·my station.· He went over and checked the clipboard,
·4· ·part of that requirement? ·4· ·and he said I didn't make weight and he came -- he
·5· · · · A.· ·No. ·5· ·made his way right over there and he, like, pulled
·6· · · · Q.· ·You still had a full language requirement ·6· ·me to the side and said, "I don't know what you was
·7· ·to fulfill in order to graduate at the time of the ·7· ·doing."· He was pointing to me, "I don't know what
·8· ·end of your football career at Iowa after the ·8· ·you was doing back in high school but this is not
·9· ·Pinstripe Bowl, correct? ·9· ·the ghetto.· You're not going to behave like a bum
10· · · · A.· ·Yes. 10· ·here.· You're going to make weight.· You're going to
11· · · · Q.· ·Do you consider that you were a serious 11· ·do things the right way.· You're going to do things
12· ·student in the fall of 2017? 12· ·the Iowa way.· You got me?"
13· · · · A.· ·Can you, like, explain what you mean by 13· · · · · · ·MR. STONE:· I think that's all that we
14· ·that? 14· ·have, Mr. Wadley.· Thank you for your testimony.
15· · · · Q.· ·Well, you were hoping to go on and become 15· · · · · · ·THE WITNESS:· Okay.
16· ·an NFL player.· Did you consider that you were 16· · · · · · · · · · · ·EXAMINATION
17· ·taking your class studies seriously in the fall of 17· ·BY MR. SOLOMON-SIMMONS:
18· ·2017 or were you focused more on trying to become an 18· · · · Q.· ·Akrum, I have a few questions.· If the
19· ·NFL player in the following draft? 19· ·court reporter or whoever has exhibits could put up
20· · · · A.· ·I was focused on class and the draft, 20· ·Exhibit 59, I believe it is.· It's of a tweet.
21· ·focused on both. 21· · · · · · ·COURT REPORTER:· Can we go off the record?
22· · · · Q.· ·I asked you as to Brian Ferentz, but I 22· · · · · · ·MR. SOLOMON-SIMMONS:· Yes, that's fine
23· ·wanted to ask you as to any other coach of the Iowa 23· ·with me.
24· ·football program.· Did any other coach use the 24· · · · · · ·VIDEOGRAPHER:· Off the record at 4:11 p.m.
25· ·N-word directly to you at any time? 25· · · · · · ·(Off the record.)

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·1· · · · · · ·VIDEOGRAPHER:· On the record at -- ·1· ·Iowa, an issue with Iowa wanting you to make a
·2· · · · Q.· ·(By Mr. Solomon-Simmons) Akrum, can you ·2· ·certain weight.· Do you recall that testimony?
·3· ·see it's signed at the bottom, it says, "Akrum ·3· · · · A.· ·Yes.
·4· ·Wadley #25"? ·4· · · · Q.· ·And I believe you testified that many
·5· · · · A.· ·Yes. ·5· ·times you would have to drink what you would
·6· · · · Q.· ·And it's Exhibit 59.· Is this from a fake ·6· ·consider an excessive amount of shakes and water; is
·7· ·Twitter account, to your knowledge? ·7· ·that correct?
·8· · · · A.· ·Yes. ·8· · · · A.· ·And Powerades.
·9· · · · Q.· ·And, in fact, is it true that you at the ·9· · · · Q.· ·Would you be in physical pain having to be
10· ·time stated this is a fake Twitter account? 10· ·forcefully consuming excessive amounts of liquid?
11· · · · A.· ·Yes. 11· · · · A.· ·No.
12· · · · Q.· ·So to be clear for the record, you did not 12· · · · Q.· ·Did it cause you to have stomach problems?
13· ·write the language here in Exhibit 59, correct? 13· · · · A.· ·Yes.
14· · · · A.· ·Correct. 14· · · · Q.· ·Did it cause you to vomit?
15· · · · Q.· ·Okay.· You can take that down for us. 15· · · · A.· ·Yes.
16· · · · · · ·I'm going to bounce around just a little 16· · · · Q.· ·Were you in pain when you vomited?
17· ·bit, Akrum.· I just want to get some clarity on some 17· · · · A.· ·Oh, I thought you said did I get paid.
18· ·things.· I want to first talk about the testimony 18· ·You said was I in pain?
19· ·you had where you and Mr. Stone were talking about 19· · · · Q.· ·Correct.
20· ·the incident at the Pita Pit where your black card 20· · · · A.· ·Oh, yeah, definitely.· Definitely.· Yes.
21· ·did not work.· You recall that testimony? 21· · · · Q.· ·And this went on over a five-year period,
22· · · · A.· ·Yes. 22· ·this physical pain of consuming excessive amounts of
23· · · · Q.· ·During the meeting that you had with Kirk 23· ·liquid; is that correct?
24· ·Ferentz, I believe you testified that he said, "I 24· · · · A.· ·Yes.· Yes.
25· ·could just take your meal privileges"; is that 25· · · · Q.· ·Did you inform Chris Doyle that you would
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·1· ·correct? ·1· ·be in pain based upon the liquid and the shakes and
·2· · · · A.· ·Those wasn't the exact words, but yes. ·2· ·the Powerade you had to consume?
·3· · · · Q.· ·When you swiped your card and it did not ·3· · · · A.· ·Yes.
·4· ·work, how did that make you feel? ·4· · · · Q.· ·Did you inform Kirk Ferentz that this
·5· · · · A.· ·I just felt like that was Kirk Ferentz ·5· ·regimen over the five years caused you pain?
·6· ·exercising his power.· He told me something he could ·6· · · · A.· ·Yes.· It's even worse, now that I think
·7· ·possibly do, and it happened shortly after the ·7· ·about it, that you got to check in to eat breakfast,
·8· ·meeting we had. ·8· ·and they made -- I'm trying to check in, and they
·9· · · · Q.· ·And what type of -- him exercising his ·9· ·watch you -- or they watch me as if I was a baby.
10· ·power, did you feel like that if you didn't do 10· ·They had to watch me and then I had to go drink. I
11· ·exactly what he wanted, he would continue to 11· ·had to finish drinking the shakes and the Gatorades
12· ·exercise his power in that way? 12· ·to make weight.· We would do all of that right
13· · · · A.· ·Yeah.· It just wasn't really much -- it 13· ·before we worked out, and that was even more
14· ·was out of my control.· There wasn't much I could 14· ·painful.
15· ·do. 15· · · · Q.· ·Did you ever have to have food that was
16· · · · Q.· ·To your knowledge -- 16· ·cooked -- what you would consider to be undercooked,
17· · · · A.· ·Even though -- 17· ·like undercooked meat but you were forced to eat it
18· · · · Q.· ·I'm sorry.· Go ahead. 18· ·to make weight?
19· · · · A.· ·No.· You can go ahead. 19· · · · A.· ·It wasn't the best cooks.· It wasn't the
20· · · · Q.· ·To your knowledge, had you heard of any 20· ·best cooks there.· I'm not sure of that question
21· ·white player ever having their meal privileges 21· ·right there because I wasn't forced to eat -- eat
22· ·revoked? 22· ·the uncooked food.· They had options, but it was
23· · · · A.· ·No. 23· ·food that wasn't the best food but ...
24· · · · Q.· ·You talked about -- you testified earlier 24· · · · Q.· ·Sure.· We saw some videos of some
25· ·about having to -- over the five years you were at 25· ·interviews that you gave.· You looked like a young

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·1· ·guy on those videos.· One I think was the Iowa State ·1· ·against if you didn't say something positive about
·2· ·was in the background.· Do you recall that video? ·2· ·Brian Ferentz in those videos, those interviews?
·3· · · · A.· ·Yes. ·3· · · · A.· ·Yes.· Yes.· I knew something would happen
·4· · · · Q.· ·And then there was another video that was ·4· ·if I didn't -- you know, if I didn't keep things
·5· ·shown today.· You looked like you may be in a dorm ·5· ·positive, they have their little ways.
·6· ·room or something.· Do you recall that? ·6· · · · Q.· ·What type of retaliation have you
·7· · · · A.· ·Yes. ·7· ·experienced or witnessed as a black player at Iowa
·8· · · · Q.· ·Did you feel like you were giving those ·8· ·that you were afraid of?
·9· ·video interviews -- did you feel like you had to say ·9· · · · A.· ·There's so many different types of ways
10· ·nice things about Kirk Ferentz? 10· ·they can -- they use to get back at you.· They would
11· · · · A.· ·Yes. 11· ·load you up with community service.· They would --
12· · · · Q.· ·Why? 12· ·they would isolate you from other guys or they would
13· · · · A.· ·I just wanted to stay -- I've already been 13· ·call a black player out, and it's one thing when you
14· ·through enough there, and I understood, I seen from 14· ·got the coaches treating you some kind of way, but
15· ·my own eyes, how they treat black players and the 15· ·when you've got your teammates, the guys that you
16· ·effect they have on a lot of black athletes' future, 16· ·see and you be with nearly all day -- when they
17· ·and me saying those comments, I just wanted to stay 17· ·start seeing the coaches isolate and start talking
18· ·in the good graces, you know, good graces.· I didn't 18· ·bad about you, it allows or enables them to start
19· ·want to, you know, put any more stress to my 19· ·treating you a certain kind of way, and that could
20· ·situation than it already had to be, so every time 20· ·be, you know, very uncomfortable.
21· ·they would ask me about any of the coaches, I 21· · · · · · ·And then they would -- they'll make you --
22· ·always, you know, try to keep things positive. 22· ·like different things.· They'd make you roll.
23· · · · Q.· ·And so that was -- is it fair to say that 23· ·They'd make you push the sled.· And then things
24· ·was you trying to say positive things in the media 24· ·that's not physical, they would just find out --
25· ·anytime you got the opportunity to stay on the, 25· ·like, figure out a way to not play you, you know.
Page 219 Page 221
·1· ·quote, unquote, good side of Kirk Ferentz? ·1· ·Like I said, you would wake up one day, you could be
·2· · · · A.· ·Yes, definitely.· Definitely.· I seen -- ·2· ·having a good -- you could be having a good time.
·3· ·like I say, I seen the impact that they have on a ·3· ·You could be, you know, putting all the work in and
·4· ·lot of black players' careers when they leave from ·4· ·you work your way up to a certain level, and you
·5· ·Iowa. ·5· ·make one error or you do something they don't like,
·6· · · · Q.· ·And one of those videos we watched, they ·6· ·you would just wake up the next day and you're just
·7· ·asked you a question about Brian Ferentz, and you ·7· ·damn near kicked out of the school or you'll be
·8· ·paused for a long time.· Now watching that video ·8· ·buried in the depth chart.
·9· ·again, do you know why you paused for a long time ·9· · · · · · ·They'll take your reps.· I've seen them
10· ·before you started back talking about Brian Ferentz? 10· ·snatch Marcel's reps in the middle of practice in
11· · · · A.· ·That video, when they asked me about him, 11· ·front of everybody just off a small error of Marcel.
12· ·it caught me off guard, and I still think about that 12· ·I've seen them take all his reps and not even let
13· ·to this day.· That video just refreshed, like, 13· ·him go.· They figure out ways to, you know, tarnish
14· ·everything I felt in that situation. 14· ·or destroy your character or, you know, take away
15· · · · · · ·I was cornered, and I didn't have really 15· ·your future, and that's pretty much --
16· ·anything good or positive to say about Brian 16· · · · Q.· ·Did you feel like -- I'm sorry.· I didn't
17· ·Ferentz.· I was struggling to answer that question. 17· ·mean to cut you off.
18· ·As you can see in that video, I took a little pause 18· · · · A.· ·No.· Go ahead.
19· ·when they asked me about it, and I just really, 19· · · · Q.· ·Did you see or experience a difference
20· ·like, didn't have anything positive to say about 20· ·between the discipline of the black players versus
21· ·Brian Ferentz due to the history we had with each 21· ·the white players that you played with?
22· ·other.· And I just, you know, tried my best to, 22· · · · A.· ·Yes.· Yes.
23· ·like, you know, put out something positive about 23· · · · Q.· ·You said a term load you up with community
24· ·him. 24· ·service.· What does that mean?
25· · · · Q.· ·Were you concerned of being retaliated 25· · · · A.· ·Hours.· So the old brick, that's the place

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·1· ·I was saying we had to mop or sweep.· The old brick. ·1· · · · A.· ·Yes.
·2· ·I think that was the name of the old, the old brick. ·2· · · · Q.· ·Did you ever hear Chris Doyle call a white
·3· ·We would -- ·3· ·player a dumbass?
·4· · · · Q.· ·I'm sorry, Akrum, what is the old brick? ·4· · · · A.· ·No.
·5· · · · A.· ·That is a place on campus right there on ·5· · · · Q.· ·Did you ever hear Chris Doyle call a black
·6· ·the strip where the black players went when we were ·6· ·player a black dumbass?
·7· ·doing community service.· That's the place I spoke ·7· · · · A.· ·No.
·8· ·about earlier on when I said we had to mop, clean ·8· · · · Q.· ·Did you ever hear Chris Doyle call -- say
·9· ·the walls.· We had to sweep.· Whatever.· They had us ·9· ·the word "nigger"?
10· ·lifting, carrying things all around.· Just, you 10· · · · A.· ·No.
11· ·know, whatever they told us to do, we had to do. 11· · · · Q.· ·What about -- let's talk about Brian
12· · · · · · ·We also was in the mall.· We had to wipe 12· ·Ferentz.· Did you ever hear Brian Ferentz call a
13· ·down walls outside.· The glass windows on the mall, 13· ·black player a motherfucker?
14· ·me and JP, Jonathan, we had to do.· We had to work 14· · · · A.· ·Yes.
15· ·the ice cream stand.· Just different community -- 15· · · · Q.· ·Did you ever hear Chris -- I mean Brian
16· ·whatever somebody threw at us.· I had to be -- I was 16· ·Ferentz call a white player a motherfucker?
17· ·in the Ronald McDonald house as well.· I had to 17· · · · A.· ·No.
18· ·vacuum the floors in there and clean out all of the 18· · · · Q.· ·Did you ever hear Brian Ferentz call a
19· ·bathrooms behind people.· I've never seen any black 19· ·black player a bitch?
20· ·players -- I mean, I never seen any white players in 20· · · · A.· ·No.
21· ·those -- in any of those circumstances with me. 21· · · · Q.· ·Did you ever hear Brian Ferentz call a
22· · · · Q.· ·There was some questions about things 22· ·black player a bitch?
23· ·either you heard -- either that were said to you or 23· · · · A.· ·No.
24· ·that you heard.· I want to get a little more clarity 24· · · · Q.· ·Did you ever hear Brian Ferentz call a
25· ·there.· Did you ever hear Chris Doyle call black 25· ·black player stupid?
Page 223 Page 225
·1· ·players motherfuckers? ·1· · · · A.· ·Yes.
·2· · · · A.· ·Yes. ·2· · · · Q.· ·Did you ever hear Brian Ferentz call a
·3· · · · Q.· ·Did you ever hear Chris Doyle call white ·3· ·white player stupid?
·4· ·players motherfuckers? ·4· · · · A.· ·No.
·5· · · · A.· ·No. ·5· · · · Q.· ·Did you ever hear Brian Ferentz call a
·6· · · · Q.· ·Did you ever hear Chris Doyle call black ·6· ·black player an asshole?
·7· ·players bitch? ·7· · · · A.· ·Yes.
·8· · · · A.· ·I didn't hear that, no. ·8· · · · Q.· ·Did you ever hear Brian Ferentz call a
·9· · · · Q.· ·Did you ever hear Chris Doyle call black ·9· ·white player an asshole?
10· ·players bitch? 10· · · · A.· ·I can't recall.
11· · · · A.· ·No. 11· · · · Q.· ·Did you ever hear Brian Ferentz call a
12· · · · Q.· ·Did you ever hear Chris Doyle call black 12· ·black player a dumbass?
13· ·players stupid? 13· · · · A.· ·Yes.
14· · · · A.· ·Yes. 14· · · · Q.· ·You ever hear Brian Ferentz call a white
15· · · · Q.· ·Did you ever hear Chris Doyle call white 15· ·player a dumbass?
16· ·players stupid? 16· · · · A.· ·No.
17· · · · A.· ·No. 17· · · · Q.· ·Did you ever hear Brian Ferentz call a
18· · · · Q.· ·Did you ever hear Chris Doyle call black 18· ·black player a dumb -- a black dumbass?
19· ·players assholes? 19· · · · A.· ·Yes.
20· · · · A.· ·Yes. 20· · · · Q.· ·I think there's been discussion -- can you
21· · · · Q.· ·Did you ever hear Chris Doyle call white 21· ·tell us -- I think -- when's the times you heard
22· ·players assholes? 22· ·Brian Ferentz call a black player a black dumbass?
23· · · · A.· ·I don't recall it, no. 23· · · · A.· ·During the Jonathan Parker incident when
24· · · · Q.· ·Did you ever hear Chris Doyle call a black 24· ·he was returning punts and, you know, it was a bad
25· ·player a dumbass? 25· ·rep that I talked about earlier.

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·1· · · · · · ·There was another situation, we was ·1· ·Kirk Ferentz has stated that he had a blind spot as
·2· ·outside on the game field with -- it was a situation ·2· ·it pertained -- as it pertains to racial
·3· ·where we was kind of wrapping up practice and we ·3· ·discrimination and hostile racial incidents in his
·4· ·wasn't live but we were stunting, just like kind of ·4· ·program?· Are you aware of that?
·5· ·like hitting just to keep each other up, just to ·5· · · · · · ·MR. STONE:· Object to the form of the
·6· ·keep each other healthy. ·6· ·question.
·7· · · · · · ·And Ojemudia -- I think Ojemudia -- he was ·7· · · · Q.· ·(By Mr. Solomon-Simmons) I'll restate it.
·8· ·a cornerback at the time -- he came off of -- I ·8· ·Are you aware of Kirk Ferentz saying he had a blind
·9· ·forget the coverage they was in.· He came off of a ·9· ·spot after allegations emerged about racism in the
10· ·wide receiver, and Matt VandeBerg, a white offensive 10· ·program?
11· ·player, he was one of our best -- at the time, he 11· · · · · · ·MR. STONE:· Objection.
12· ·was our best receiver.· He was a white player. 12· · · · Q.· ·(By Mr. Solomon-Simmons) You can answer.
13· ·Matthew VandeBerg.· He was coming off I want to say 13· · · · A.· ·Yes.· I read about that in one of the
14· ·a flat route.· And as soon as he caught the ball or 14· ·articles that came out.
15· ·when he was making an attempt to catch the ball, 15· · · · Q.· ·So based on what you're saying, Kirk
16· ·Ojemudia was there to meet him and, you know, he 16· ·Ferentz witnessed his son call someone a black
17· ·kind of like hit him.· He hit him at -- 17· ·dumbass, do you believe Kirk Ferentz had a blind
18· · · · Q.· ·Blew him up? 18· ·spot as it related to racial discrimination within
19· · · · A.· ·Yeah, blew him up.· Blew him up.· And 19· ·the Iowa football program?
20· ·Brian Ferentz went off.· He went off, and that's 20· · · · A.· ·No.
21· ·when he said that he was -- I can't remember when he 21· · · · · · ·(Mr. Parker left the deposition.)
22· ·said it, but the words came out of his mouth and he 22· · · · Q.· ·And why don't you believe that?
23· ·was yelling at Ojemudia because the defense -- I 23· · · · A.· ·Because everything goes through Kirk
24· ·remember the defense and all of the cornerbacks 24· ·Ferentz.· You know, he's the one that sets the tone
25· ·running off of the field.· They get hyped over that 25· ·and he knew everything what was going on.· He just
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·1· ·play. ·1· ·always chooses what he wants to -- you know, what he
·2· · · · · · ·And Brian Ferentz and Kirk Ferentz was ·2· ·wants to listen to.
·3· ·actually arguing at the time because once he did ·3· · · · · · ·As I stated, there was examples I gave
·4· ·call Ojemudia a black dumbass player, Kirk Ferentz ·4· ·you, and there was times I went to him trying to
·5· ·told him all right, like -- you know, they was going ·5· ·explain situations I was in, and he automatically
·6· ·back and forth and he told him it was enough, like ·6· ·cut you off or if it's, you know, concerning another
·7· ·enough is enough, and, you know, frustrating Brian ·7· ·coach, he don't really let you talk.· He cuts you
·8· ·Ferentz couldn't -- you know, he stood down when he ·8· ·off.· He knows exactly everything that's going on in
·9· ·was talking to Kirk Ferentz.· He, like, was still ·9· ·there.
10· ·mad and he walked off, like, just cursing, just 10· · · · Q.· ·In your experience, Kirk Ferentz is -- he
11· ·really frustrated. 11· ·takes a lot of notes throughout the day of practices
12· · · · Q.· ·So just for the clarity of the record, 12· ·and things of that nature?
13· ·you're saying that Kirk Ferentz heard Brian Ferentz 13· · · · A.· ·Yes.
14· ·call this player a black dumbass? 14· · · · Q.· ·In your experience, Kirk Ferentz has a
15· · · · A.· ·Yes.· Yes. 15· ·very good memory?
16· · · · Q.· ·And -- 16· · · · A.· ·Yes.
17· · · · A.· ·I don't see how he didn't hear it, you 17· · · · Q.· ·Why do you say Kirk Ferentz has a good
18· ·know.· He was right there. 18· ·memory?
19· · · · Q.· ·But you do recall that Kirk Ferentz and 19· · · · A.· ·Because he has this little notepad, this
20· ·Brian Ferentz had an argument immediately after 20· ·little notepad that he carries with him 24/7, and
21· ·Brian Ferentz called this player a black dumbass? 21· ·every time he sees something or anything -- anything
22· · · · A.· ·On-the-field argument in front of 22· ·if it's on the field, off the field, you would see
23· ·everybody, in front of everyone. 23· ·him jotting it down, and then later on, whatever he
24· · · · Q.· ·Based upon what you just testified to, I 24· ·just jotted down in that little notepad that he
25· ·want to ask you this question.· Are you aware that 25· ·carried, he brings it up in the meetings, in the

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·1· ·team meetings, whether it's the team meetings or any ·1· ·couldn't -- it's not that easy to just up and leave
·2· ·meetings.· He always brings it up or he'll touch ·2· ·like that.· And I actually tried.
·3· ·base on that every -- like, when he'd get a chance ·3· · · · Q.· ·And during the time that you were playing
·4· ·to when he'd come around. ·4· ·football, you know, you couldn't just transfer easy
·5· · · · · · ·Everything that goes on, he writes it down ·5· ·and be eligible at another school, correct?
·6· ·in his notepad, and every time at meetings, he ·6· · · · A.· ·You got to sit out a year.
·7· ·always talks about other players and, you know, the ·7· · · · Q.· ·Did you ever witness black players who
·8· ·history of Iowa.· He always speaks on that.· So ·8· ·would react to being called a pussy be retaliated
·9· ·that's why I would say he, you know, has a really ·9· ·against, or a dumb motherfucker or --
10· ·good -- that he has a good memory. 10· · · · A.· ·Can you rephrase that question?
11· · · · Q.· ·We went through a list of words that you 11· · · · Q.· ·Sure.· Did you see -- did you ever
12· ·heard from Coach Doyle and Coach Brian Ferentz, but 12· ·yourself -- did you yourself experience -- did you
13· ·I wanted to ask you another word.· Did you ever hear 13· ·ever say anything back to Chris Doyle when he called
14· ·Coach Doyle call a black player a pussy? 14· ·you a black dumbass or pussy or motherfucker?· Did
15· · · · A.· ·Yes. 15· ·you ever talk back and say, "Hey, don't do that.
16· · · · Q.· ·Did you ever hear Coach Doyle call a white 16· ·Don't say that to me"?
17· ·player a pussy? 17· · · · A.· ·No.
18· · · · A.· ·I don't recall. 18· · · · Q.· ·Why not?
19· · · · Q.· ·Can you explain for the court and the jury 19· · · · A.· ·You're definitely going to get in the
20· ·what having a white man calling you a pussy -- how 20· ·doghouse.· Chris Doyle is like -- I want to say
21· ·that makes you feel? 21· ·he -- it's not officially his title, but he's like a
22· · · · A.· ·In that situation, you just feel -- you 22· ·head coach.· Chris Doyle and Kirk Ferentz, they're
23· ·just feel just helpless.· It's just a situation you 23· ·both like co head coaches of the team, and they
24· ·don't want to be in.· A lot of times when Chris 24· ·both -- you know, they work out together all the
25· ·Doyle would blurt out slurs like that, it would be 25· ·time.· They always were around each other.· And, you
Page 231 Page 233
·1· ·in front of everybody, and that's what made it even ·1· ·know, that's right -- can you ask that question
·2· ·more -- like made you even more feel like -- you ·2· ·again?
·3· ·know, just feel real bad. ·3· · · · Q.· ·No.· We'll move on.· In your experience at
·4· · · · · · ·Like, to be honest, it made me feel like ·4· ·the University of Iowa, did you ever have a
·5· ·shit, you know, when he would -- and that was Chris ·5· ·professor call you a motherfucker?
·6· ·Doyle's tactic and that's how he became or got the ·6· · · · A.· ·No.
·7· ·name, you know, everybody always talked about, ·7· · · · Q.· ·Did you ever have a professor call you a
·8· ·because he would try to single out a black player. ·8· ·bitch?
·9· ·He wouldn't try.· He would do it. ·9· · · · A.· ·No.
10· · · · · · ·He would single out a black player in 10· · · · Q.· ·Did you ever have a professor call you an
11· ·front of everybody.· He wouldn't pull you to the 11· ·asshole?
12· ·side.· He wouldn't talk to you afterwards.· He would 12· · · · A.· ·No.
13· ·single you out and he would -- he'd scream at you, 13· · · · Q.· ·You ever have a professor call you a
14· ·curse you out in front of everybody and just try 14· ·pussy?
15· ·too, you know, put fear into other people's, you 15· · · · A.· ·No.
16· ·know, hearts and stuff like that. 16· · · · Q.· ·You ever have a professor call you a
17· · · · · · ·It just is a terrible feeling and it's 17· ·dumbass?
18· ·nothing you can really do.· You're like -- at the 18· · · · A.· ·No.
19· ·end of the day, where you going to go, what you 19· · · · Q.· ·Based upon your experience at the
20· ·going to do?· Are you going to go to Brian Ferentz 20· ·University of Iowa, if a professor had called you
21· ·and talk to him about Chris Doyle?· Are you going to 21· ·any of those words, do you believe they would have
22· ·go to Kirk Ferentz and talk about that when all -- 22· ·been terminated from the University of Iowa?
23· ·you know -- it's like you feel helpless in the 23· · · · A.· ·Yes.
24· ·situation.· And it's not easy.· I see people talk 24· · · · Q.· ·How old were you when you were at the
25· ·about why you couldn't just leave, why you 25· ·University of Iowa?

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·1· · · · A.· ·18. ·1· · · · · · ·Okay.· Let's look at this first -- the
·2· · · · Q.· ·And were you 22 when you left the ·2· ·second sentence -- the first paragraph, second full
·3· ·university, or 23? ·3· ·sentence.· You testified to this, that Coach Brian
·4· · · · A.· ·Going on 23. ·4· ·Ferentz said, "Hey, Akrum, you going to rob a gas
·5· · · · Q.· ·When you were recruited, did Kirk Ferentz ·5· ·station?"· Do you see that?
·6· ·come to your household? ·6· · · · A.· ·Yeah.
·7· · · · A.· ·No. ·7· · · · Q.· ·This -- were you on campus at the time?
·8· · · · Q.· ·Did you take an official visit to the ·8· · · · A.· ·Yes.· When he asked me was I robbing a gas
·9· ·University of Iowa during your recruitment? ·9· ·station, I was in -- that was the Pinstripe Bowl, so
10· · · · A.· ·Yes. 10· ·I wasn't on the campus.
11· · · · Q.· ·Did you meet with Kirk Ferentz during that 11· · · · Q.· ·Okay.
12· ·recruitment? 12· · · · A.· ·So this was a little twisted.· Yeah.· When
13· · · · A.· ·He didn't come to my house.· He came to my 13· ·he first asked me -- it was the liquor store when he
14· ·school. 14· ·first asked me, and I was on campus.
15· · · · Q.· ·So did you meet with Kirk Ferentz during 15· · · · Q.· ·Let's go to the second paragraph.· It
16· ·that recruitment process? 16· ·says, "One morning I had an exam, I wanted to grab a
17· · · · A.· ·Yes. 17· ·shake that was made for me because I wanted to make
18· · · · Q.· ·Did Kirk Ferentz tell you he was going to 18· ·weight before practice.· So I went to the facilities
19· ·treat you like you was one of his sons? 19· ·to get it.· I didn't want to be late to class.
20· · · · A.· ·I don't recall. 20· ·Knowing it would only be 15 to 30 seconds for me to
21· · · · Q.· ·How did Kirk Ferentz say he was going to 21· ·grab it out of the refrigerator, I pulled into the
22· ·treat you once you came to the University of Iowa? 22· ·back of the facility and pulled into an unmarked and
23· ·Did he say you were going to be called a black 23· ·unoccupied parking spot.· I did that because finding
24· ·dumbass? 24· ·a spot on campus would have caused me to be late or
25· · · · A.· ·No. 25· ·miss my exam.· As I was getting back into my car to
Page 235 Page 237
·1· · · · Q.· ·Did he say you were going to be called ·1· ·head to my exam, Brian sees me about to leave as he
·2· ·bitch? ·2· ·and the other coaches were on a jog."
·3· · · · A.· ·No. ·3· · · · · · ·Now, let me stop right there.· You
·4· · · · Q.· ·Did he say you were going to be called a ·4· ·testified earlier you don't recall if you actually
·5· ·pussy? ·5· ·wrote all this language, but my question is to you,
·6· · · · A.· ·No. ·6· ·did this actually occur, what --
·7· · · · Q.· ·Did he say you were going to be called a ·7· · · · A.· ·Yes.
·8· ·motherfucker? ·8· · · · Q.· ·-- we're talking about?
·9· · · · A.· ·No. ·9· · · · A.· ·Yes.
10· · · · Q.· ·If you knew that, would you have gone to 10· · · · Q.· ·Do you recall who the other coaches were
11· ·the University of Iowa? 11· ·with Brian at this time?
12· · · · A.· ·No. 12· · · · A.· ·Yes.
13· · · · Q.· ·If you knew that you were going to be 13· · · · Q.· ·Who were the coaches?
14· ·treated differently than your white teammates, would 14· · · · A.· ·Phil Parker, LeVar Woods, Seth Wallace,
15· ·you have gone to the University of Iowa? 15· ·and Brian Ferentz.· They was on their way out for a
16· · · · A.· ·No. 16· ·morning jog.· They would get together and either
17· · · · Q.· ·Do you believe that the way you were 17· ·jog, ride their bikes, or walk around campus.
18· ·treated by the coaches while playing at the 18· · · · Q.· ·And so you heard Brian Ferentz screaming
19· ·University of Iowa impacted your ability to get your 19· ·to you "You dumb motherfucker.· Who do you think you
20· ·degree from the University of Iowa? 20· ·are?"· Correct?
21· · · · A.· ·Can you ask that question again? 21· · · · A.· ·Yes.
22· · · · Q.· ·Yeah.· In one of the exhibits that was 22· · · · Q.· ·Now, how close was Brian Ferentz to you
23· ·shown to you by Mr. Stone -- I think it was 23· ·when he said this?
24· ·Exhibit 46 -- let's put -- can we put Exhibit 46 up 24· · · · A.· ·I had -- I didn't really -- he wasn't
25· ·on the screen?· Scroll down, please. 25· ·close to me at all.· He wasn't my position coach

Doyle Appx. 371
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·1· ·when this was said. ·1· ·minutes and we'll confer and come back.· Why doesn't
·2· · · · Q.· ·Sorry.· Let me be more clear.· Did he say ·2· ·everybody stay here and we'll wrap this up.
·3· ·this to you like -- did he have to scream this or ·3· · · · · · ·MR. SOLOMON-SIMMONS:· No problem.
·4· ·were you guys standing close to one another? ·4· · · · · · ·VIDEOGRAPHER:· Off the record at 4:44 p.m.
·5· · · · A.· ·We was face to face.· He told me come ·5· · · · · · ·(Recess taken from 4:44 to 4:50 p.m.)
·6· ·here.· He caught me before I could leave the ·6· · · · · · ·(Mr. Wadley and Mr. Parker not present.)
·7· ·facility. ·7· · · · · · ·VIDEOGRAPHER:· On the record at 4:50 p.m.
·8· · · · Q.· ·Did he whisper it in your ear? ·8· · · · · · ·MR. STONE:· We have no further questions.
·9· · · · A.· ·No.· It was me and him speaking.· I wasn't ·9· ·Thank you.
10· ·really speaking.· It was really him shouting at me 10· · · · · · ·MR. SOLOMON-SIMMONS:· We'll read and sign.
11· ·while the other coaches kept walking.· It was me and 11· · · · · · ·VIDEOGRAPHER:· Off the record ending the
12· ·him stopped.· He stopped and he's, like, "Come here. 12· ·deposition at 4:50 p.m.
13· ·Come here." 13· · · · · · ·(Deposition concluded at 4:51 p.m.)
14· · · · · · ·And the rest of the coaches kept walking. 14
15· ·I believe LeVar Woods at the time -- when they walk, 15
16· ·when they leave out the side of the door, the exit 16
17· ·door, it's an equipment room right there.· LeVar 17
18· ·Woods, I remember him speaking with the equipment 18
19· ·manager at the time while he was doing -- all I 19
20· ·could see is him doing that, and then the other 20
21· ·coaches was at the door waiting for Brian Ferentz. 21
22· · · · Q.· ·Was Brian Ferentz -- was he talking to you 22
23· ·in a loud voice? 23
24· · · · A.· ·Yes.· He was screaming.· Yes. 24
25· · · · Q.· ·He was screaming at you? 25
Page 239 Page 241
·1· · · · A.· ·Yes. ·1· · · · · · · · ·CERTIFICATE OF REPORTER
·2· · · · Q.· ·And then you -- it says here "I got back ·2· · · · I, the undersigned, a Certified Shorthand
·3· ·in my car and went to class not even focusing on my ·3· ·Reporter of the State of Iowa, do hereby certify
·4· ·that there came before me via Zoom videoconference
·4· ·exam anymore."· Is that how you felt after this
·5· ·at the time and date hereinbefore indicated, the
·5· ·incident?
·6· ·witness named on the caption sheet hereof, who was
·6· · · · A.· ·I just felt terrible.· I felt terrible.
·7· ·by me duly sworn to testify to the truth of said
·7· ·It just like mentally -- it mentally messed me up.
·8· ·witness's knowledge, that the witness was thereupon
·8· · · · Q.· ·Were you able to focus -- Strike that.
·9· ·examined under oath, the examination taken down by
·9· · · · · · ·Was this the only time where you received
10· ·me in shorthand and later reduced to a transcript
10· ·this type of verbal language towards you that caused
11· ·through the use of a computer-aided transcript
11· ·you to not be able to focus in class?
12· ·device under my supervision and direction, and that
12· · · · A.· ·No.· No, not that -- no.· I mean, it was 13· ·the deposition is a true record of the testimony
13· ·on a regular -- like I say, Brian Ferentz, he 14· ·given and of all objections interposed.
14· ·would -- you see him in the hallway, you see him in 15· · · · I further certify that I am neither attorney or
15· ·the meetings.· He would -- if he was walking past 16· ·counsel for, nor related to or employed by any of
16· ·you, he's going to figure out a way to make a racist 17· ·the parties to the action in which this deposition
17· ·joke or be sarcastic or find something -- nothing 18· ·is taken, and further that I am not a relative or
18· ·typically positive or nice comes out of his mouth or 19· ·employee of any attorney or counsel employed by the
19· ·anything that has something to do with contributing 20· ·parties hereto or financially interested in the
20· ·to like the team's success or any of that.· His 21· ·action.
21· ·purpose is to bring you down if you're a black 22· · · · Dated this 27th day of May, 2022.
22· ·player. 23
23· · · · · · ·MR. SOLOMON-SIMMONS:· No further 24· ·_________________________
24· ·questions. · · ·SONYA M. WRIGHT, RPR-CSR
25· · · · · · ·MR. STONE:· Why don't you give us five 25

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AKRUM WADLEY· 05/18/2022 Page 242
Page 242
·1· · · · · · · · · · · ·AKRUM WADLEY
·2· · · ·WADLEY, ET AL. v. UNIVERSITY OF IOWA, ET AL.
·3· · · · · · · · · · · May 18, 2022.
·4· · · · · · · · · ·WITNESS ERRATA SHEET
·5· ·Indicate changes you want to make below, including
· · ·page number, line number, the text as shown in the
·7· ·Smith to Smythe, incorrect spelling.
·8· ·Page Line· ·Change what to what· · · Reason
· · ·____________________________________________________
·9
10
11
12
13
14
15
16· ·I have read my examination under oath and have noted
· · ·any changes I wish to make to it above.· Signed and
17· ·dated this ____ day of _________, 2022.
18
· · ·_____________________
19· ·WITNESS SIGNATURE
20
21· ·I witness the above signature on the ____ day of
22· ·_________, 2022.
23
· · ·_____________________
24· ·NOTARY PUBLIC· · · · ·My commission expires _______.
25

Doyle Appx. 373
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· · · · · · · · · SOUTHERN DISTRICT OF IOWA
·3
·4· ·- - - - - - - - - - - - - -
· · ·AKRUM WADLEY; JONATHAN· · · ·:
·5· ·PARKER; MARCEL JOLY; AARON· ·:
· · ·MENDS; DARIAN COOPER; BRANDON:
·6· ·SIMON; and JAVON FOY,· · · · :
· · · · · · · · · · · · · · · · · :
·7· · · · · ·Plaintiffs,· · · · · :
· · · · · · · · · · · · · · · · · :
·8· ·vs.· · · · · · · · · · · · · : Case No. 4:20-cv-00366
· · · · · · · · · · · · · · · · · :
· · ·REGENTS FOR THE STATE OF· · ·:
10· ·IOWA; BRIAN FERENTZ; and· · ·:
· · ·CHRISTOPHER DOYLE,· · · · · ·:
11· · · · · · · · · · · · · · · · :
· · · · · · ·Defendants.· · · · · :
12· ·- - - - - - - - - - - - - -
13
14
15· · · · VIDEO-RECORDED DEPOSITION OF MARCEL JOLY,
16· ·taken via Zoom by the Defendants, before Sonya M.
17· ·Wright, Certified Shorthand Reporter of the State of
18· ·Iowa, commencing at 9:00 a.m. CST, Thursday, May 19,
19· ·2022.
20
21
22
23
24
25· · · SONYA M. WRIGHT - CERTIFIED SHORTHAND REPORTER

Doyle Appx. 374
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MARCEL JOLY· 05/19/2022 Pages 2..5
Page 2 Page 4
·1· · · · · · · · · · · ·APPEARANCES ·1· · · · · · · · · · TABLE OF CONTENTS
·2· ·For the Plaintiffs: ·2· ·WITNESS:· MARCEL JOLY· · · · · · · · · · · · · ·PAGE
· · ·(Appearing via Zoom)
·3 ·3· ·Examination By Mr. Stone ..........................6
· · · · · BEATRIZ MATE-KODJO, ESQ. ·4· ·Examination By Mr. Solomon-Simmons ...............71
·4· · · · BMK Law Firm, PLLC ·5· ·EXHIBITS· · · · · · · · · · · · · · · · · PAGE FIRST
· · · · · 1910 Washington Street, Suite 100 · · · · · · · · · · · · · · · · · · · · · · · ·REFERENCED
·5· · · · Pella, Iowa· 50219 ·6
·7· ·77 - Joly Answers to Interrogatories, 19 pages ....9
·7· · · · Solomon Simmons Law ·8· ·78 - Joly Amended Objections and Answers to ......10
· · · · · 601 South Boulder Avenue, Suite 600-A · · · · · Interrogatories
·8· · · · Tulsa, Oklahoma· 74119 ·9
·9· ·For Defendants Ferentz and University of Iowa: · · ·REPORTER'S NOTE:
· · ·(Appearing via Zoom)
10
10
· · · · · ROGER W. STONE, ESQ. · · ·Original exhibits marked and distributed
11· · · · Simmons, Perrine, Moyer, Bergman, PLC 11· ·electronically
· · · · · 115 Third Street SE, Suite 1200 12· ·Quoted text is as stated by the speaker
12· · · · Cedar Rapids, Iowa· 52401 · · ·[phn] indicates a phonetic spelling
13· ·For Defendants:
14· · · · JEFFREY C. PETERZALEK, ESQ.
13· ·[sic] indicates the text is as stated
· · · · · CHRISTOPHER DEIST, ESQ. 14
15· · · · Office of the Attorney General 15
· · · · · Assistant Attorney General 16
16· · · · Hoover State Office Building, Second Floor 17
· · · · · 1305 East Walnut Street, Second Floor 18
17· · · · Des Moines, Iowa 50319
18· ·Videographer: 19
19· · · · AMY COOPER, Fidelity Video Services, Inc. 20
20 21
21 22
22 23
23
24 24
25 25
Page 3 Page 5
·1· · · · · · · · ·APPEARANCES (continued) ·1· · · · · · ·VIDEOGRAPHER:· Today's date is May 19th,
·2· ·Also present: ·2· ·2022, and the approximate time is 9:01 a.m. Central
· · ·(via Zoom) ·3· ·Time.· This begins the video deposition of Marcel
·3 ·4· ·Joly requested by the defense in the matter of Akrum
·4· · · · Darian Cooper, Plaintiff
·5· ·Wadley, et al., plaintiffs, versus University of
· · · · · Jonathan Parker, Plaintiff
·5· · · · Akrum Wadley, Plaintiff ·6· ·Iowa, et al., defendants, in the United States
· · · · · Kirk Ferentz, University representative ·7· ·District Court for the Southern District of Iowa,
·6· · · · Christopher Doyle, Defendant ·8· ·Central Division, Case Number 4:20-cv-00366.
·7 ·9· · · · · · ·This deposition is being held via Zoom
·8 10· ·videoconference in remote locations.· My name is Amy
·9 11· ·Cooper, certified legal videographer of Fidelity
10 12· ·Video Services, Incorporated, West Des Moines, Iowa.
11
13· ·Counsel will please identify themselves for the
12
14· ·record.
13
16 17· · · · · · ·MR. SOLOMON-SIMMONS:· Damario
17 18· ·Solomon-Simmons for the plaintiffs.
18 19· · · · · · ·VIDEOGRAPHER:· The oath will now be
19 20· ·administered by Sonya Wright, certified shorthand
21
22· ·Iowa.
22
23 23· · · · · · ·COURT REPORTER:· Would you raise your
24 24· ·right hand, please.· Do you solemnly swear or affirm
25 25· ·the testimony you're about to give will be the

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Page 6 Page 8
·1· ·truth, the whole truth, and nothing but the truth? ·1· ·communications by Seth Wallace to any other school
·2· · · · · · ·THE WITNESS:· I do. ·2· ·or football program about you?
·3· · · · · · · · · · · ·MARCEL JOLY, ·3· · · · A.· ·No.
·4· ·called as a witness, having been first duly sworn, ·4· · · · Q.· ·Do you know of any disparaging comments
·5· ·testified under oath as follows: ·5· ·made by Coach Seth Wallace about you to any other
·6· · · · · · · · · · · ·EXAMINATION ·6· ·school or any other football program?
·7· ·BY MR. STONE: ·7· · · · A.· ·No.
·8· · · · Q.· ·Please state your name for the record. ·8· · · · Q.· ·Have you participated in any conversation
·9· · · · A.· ·Marcel Joly. ·9· ·where Coach Seth Wallace was communicating
10· · · · Q.· ·Mr. Joly, do you know whether Brian 10· ·information or opinions about you to any other
11· ·Ferentz has had any communications with other 11· ·school or football program?
12· ·schools that relate to you? 12· · · · A.· ·No.
13· · · · A.· ·No. 13· · · · Q.· ·Do you know of any writing or written
14· · · · Q.· ·Do you know if he has disparaged you in 14· ·communication by Seth Wallace about you to any other
15· ·any way to other schools or other football programs? 15· ·school or any other football program?
16· · · · A.· ·No. 16· · · · A.· ·No.
17· · · · Q.· ·Do you have any source of information that 17· · · · Q.· ·With respect to any other Iowa football
18· ·causes you to believe that Brian Ferentz has 18· ·program participant or coach, including Coach Kirk
19· ·disparaged you to other schools or to other football 19· ·Ferentz, do you know of any conversation by any of
20· ·programs? 20· ·those people to other schools about you?
21· · · · A.· ·No. 21· · · · A.· ·No.
22· · · · Q.· ·Have you participated in any conversations 22· · · · Q.· ·Were you participating in any
23· ·where Brian Ferentz was talking to other people or 23· ·conversations or did you overhear any conversations
24· ·schools or programs about you since you graduated 24· ·by head coach Kirk Ferentz or any other coach on the
25· ·from the University of Iowa? 25· ·Iowa football program talking to another football
Page 7 Page 9
·1· · · · A.· ·No. ·1· ·program, person, or school about you?
·2· · · · Q.· ·Do you have any writings from Brian ·2· · · · A.· ·No.
·3· ·Ferentz that you consider to be disparaging of you ·3· · · · Q.· ·Do you have any written communications or
·4· ·to any schools or other football programs? ·4· ·do you know of any written communications or
·5· · · · A.· ·No. ·5· ·documents from Kirk Ferentz or any other member of
·6· · · · Q.· ·I ask you the same questions with respect ·6· ·the Iowa football program about you that were given
·7· ·to Coach Chris Doyle.· Have you heard any ·7· ·to any other school or program?
·8· ·communications by Coach Chris Doyle to any other ·8· · · · A.· ·No.· And I say no to say they didn't even
·9· ·schools or football programs about you? ·9· ·help me put my tape together, so I had to get one of
10· · · · A.· ·No. 10· ·my teammates, Miles Taylor, was the one that helped
11· · · · Q.· ·Do you know of any disparaging comments or 11· ·me put my tape together for me to have a tape, so if
12· ·information given by Chris Doyle to any other 12· ·I wanted to go to another school, I would have the
13· ·schools or football programs about you? 13· ·ability to do so.
14· · · · A.· ·No. 14· · · · · · ·And that's how it was for most of the
15· · · · Q.· ·Do you have any writings or do you know of 15· ·black players that was leaving the University of
16· ·any writings in which Chris Doyle communicated any 16· ·Iowa.· I don't remember nobody having a highlight
17· ·information to you to another school or program that 17· ·tape where they could provide to their other school
18· ·you believe was disparaging? 18· ·to show what they did for the University of Iowa.
19· · · · A.· ·No. 19· · · · Q.· ·I want to show you, I believe it's -- give
20· · · · Q.· ·Have you participated in any conversations 20· ·me just a second.· I think it's Exhibit 77.· It will
21· ·where Chris Doyle was speaking to any other school 21· ·just take me a minute to get that up, Mr. Joly.
22· ·or other football program about you? 22· · · · A.· ·Joly.
23· · · · A.· ·No. 23· · · · Q.· ·Joly.· Excuse me.· I do not mean to
24· · · · Q.· ·The same questions with respect to Coach 24· ·mispronounce your name, Mr. Joly.
25· ·Seth Wallace.· Do you have knowledge of any 25· · · · · · ·Mr. Joly, I put before you what we've

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Page 10 Page 12
·1· ·marked as Exhibit 78, which are identified as your ·1· ·school to get another opportunity.
·2· ·amended objections and answers to interrogatories. ·2· · · · · · ·So yes, I believe that for the fact -- for
·3· ·Are you familiar with this document? ·3· ·the fact that I went to the University of Iowa, it
·4· · · · A.· ·Yes. ·4· ·had stopped me from doing a lot of things when it
·5· · · · Q.· ·Did you happen to review it in the recent ·5· ·comes to football, coaching football.· When I came
·6· ·days leading up to your deposition? ·6· ·home, there was nobody to help me get anywhere else.
·7· · · · A.· ·Yes. ·7· ·The University of Iowa just left you out in the dry.
·8· · · · Q.· ·At the end, on page 17, is that your ·8· · · · · · ·That's not just me.· There's other black
·9· ·signature on these answers to interrogatories? ·9· ·players, Eric Grimm, that's going through the same
10· · · · A.· ·It is. 10· ·thing right now.· Have nowhere to go.· They just
11· · · · Q.· ·Thank you.· This particular exhibit is a 11· ·send you back to the ghetto, send you back home.
12· ·compare copy, Exhibit 78, Mr. Joly, where we've 12· ·That's what they do.
13· ·compared your answers given this week to what was 13· · · · Q.· ·(By Mr. Stone) Mr. Joly, as I understand
14· ·sent to us by your counsel in September of 2021. I 14· ·what you're telling me, that you were -- is it
15· ·want to find -- Interrogatory Number 17.· And you 15· ·during the time that you were trying to become a
16· ·can take the time you would like to review it. 16· ·graduate transfer to some other school?· Is that
17· · · · · · ·The question asked, "Have you attempted to 17· ·what you were telling us about?
18· ·minimize the amount of your lost income?· If so, 18· · · · A.· ·Yes.
19· ·describe how.· If not, explain why not." 19· · · · Q.· ·It didn't have anything to do with
20· · · · · · ·And your answer states that you have not 20· ·applications for coaching jobs, correct?
21· ·applied for any open coaching jobs.· You believe 21· · · · A.· ·I was afraid to apply for those coaching
22· ·doing so would be futile, "as no coaches have 22· ·jobs.
23· ·reached out to him because Defendants have 23· · · · Q.· ·Well, and you haven't applied for any
24· ·disparaged him." 24· ·coaching job, have you?
25· · · · · · ·What evidence do you have to support your 25· · · · A.· ·The case is still ongoing.· I'm not sure
Page 11 Page 13
·1· ·sworn statement under oath that the defendants have ·1· ·where my fate will lie.· I'm here telling my truth.
·2· ·disparaged you? ·2· ·So no, I have not applied for no coaching jobs for
·3· · · · A.· ·Can you repeat the question again? ·3· ·the fear I may not get the position.· So I have to
·4· · · · · · ·MR. STONE:· I'll ask the reporter to read ·4· ·figure out another route, another way to make
·5· ·it back. ·5· ·something out of my life.
·6· · · · · · ·(Record read as requested.) ·6· · · · Q.· ·What evidence do you have that any of the
·7· · · · A.· ·So, again, when I left the University of ·7· ·defendants in this case have disparaged you to any
·8· ·Iowa, I couldn't even get the coaches to help put a ·8· ·other person that's involved with a coaching job or
·9· ·tape together for me to be able to move on to go to ·9· ·a football program?· What evidence do you have?
10· ·another university, so when I was calling coaches 10· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form.
11· ·when I came home, they would follow up with coaches 11· · · · Q.· ·(By Mr. Stone) You can answer the
12· ·at the University of Iowa, and next thing I know, I 12· ·question.
13· ·never heard back from them. 13· · · · A.· ·Again, I didn't have a highlight tape.
14· · · · · · ·That was from Morgan State University. 14· ·That was -- that's my evidence.· Not having that
15· ·That was Bowie State University.· That was Towson 15· ·highlight tape after putting -- after giving the
16· ·University.· Every coach I would reach out to -- I'm 16· ·University of Iowa all that I had until I got
17· ·not sure if they would normally reach out to the 17· ·hurt -- after giving them all that I had, for them
18· ·University of Iowa because I didn't have a valid 18· ·not to give me -- not to provide me a highlight
19· ·tape to provide to these coaches. 19· ·tape, that's my evidence.· That's what gives me the
20· · · · · · ·So the tape that I had Miles made for me, 20· ·key to move away from football for so many years.
21· ·Miles Taylor -- the tape was made from an iPad that 21· ·That's my evidence.
22· ·we had, and I was -- I had another iPad that the 22· · · · Q.· ·Do you know what the word "disparage"
23· ·university provided to all athletes.· I was using 23· ·means?
24· ·that same iPad to be able to provide -- to make my 24· · · · A.· ·Say it again.
25· ·highlight tape to be able to send it over to another 25· · · · Q.· ·Do you know what the word "disparage"

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·1· ·means?· What does it mean to you to disparage ·1· · · · · · ·After practice, I went and got it checked.
·2· ·someone? ·2· ·They did the normal thing.· They rubbed it down.
·3· · · · A.· ·When they talk bad about the person. ·3· ·They treated it.· And then later that night, I
·4· ·Criminalized, like -- like not saying good things ·4· ·believe I went to class, to art -- to art class, and
·5· ·about the person. ·5· ·as I was going down the stairs, my knee just locked
·6· · · · Q.· ·And -- ·6· ·on me.· And I had went back to the facility and met
·7· · · · A.· ·The University of Iowa is known for doing ·7· ·up with -- I forgot the doctor's name, but one of
·8· ·that.· I'm not just one person that they done that ·8· ·the trainers, and he treated me.
·9· ·to so -- ·9· · · · Q.· ·Did you have surgery in 2017?
10· · · · Q.· ·Well, that's my question, Mr. Joly.· What 10· · · · A.· ·Yes.
11· ·is it that you know, if anything, that any of these 11· · · · Q.· ·Do you know about when you had surgery?
12· ·defendants told to some other school or football 12· · · · A.· ·October 6th.
13· ·program?· And if you don't know anything, just tell 13· · · · Q.· ·How long were you out after your surgery?
14· ·me. 14· · · · A.· ·I wasn't sure.· I was always working.· I'm
15· · · · A.· ·I don't know anything, but I did not have 15· ·not sure.· It wasn't that long.· I didn't -- after
16· ·my highlight.· That was my key to -- that's all the 16· ·my surgery, I graduated and came home, and then
17· ·evidence that I needed. 17· ·after that, I just had a lot of things to figure
18· · · · Q.· ·And because they didn't give you a 18· ·out.· I gave up on football, but I was still
19· ·highlight tape, you claim that they have disparaged 19· ·training and trying to get my knee back together,
20· ·you? 20· ·but I never really went and had to estimate how long
21· · · · A.· ·Not just me.· I was one of them.· But yes. 21· ·it took.
22· · · · Q.· ·You mentioned that you were injured, 22· · · · Q.· ·When did you start in the Iowa football
23· ·Mr. Joly.· Were you injured during the 2017 season? 23· ·program?· What year did you come?
24· ·Did you play that year? 24· · · · A.· ·Year 2014.
25· · · · A.· ·2017 season?· I never played.· I practiced 25· · · · Q.· ·Were you redshirted that first year?
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·1· ·a lot. ·1· · · · A.· ·Yes.
·2· · · · Q.· ·When were you injured? ·2· · · · Q.· ·Was 2015 the first year you were eligible
·3· · · · A.· ·I was injured towards my senior year.· At ·3· ·to play?
·4· ·the end of my senior year. ·4· · · · A.· ·Yes.
·5· · · · Q.· ·What was your senior year?· Was that 2017? ·5· · · · Q.· ·Did you participate in any games?
·6· · · · A.· ·Yes. ·6· · · · A.· ·I got one play.· I can't remember.· It
·7· · · · Q.· ·Did you practice in spring ball? ·7· ·might be Illinois.
·8· · · · A.· ·Yes. ·8· · · · Q.· ·What position did you play in 2015?
·9· · · · Q.· ·Were you injured at that time? ·9· · · · A.· ·After switching me over from playing
10· · · · A.· ·No. 10· ·cornerback to a running back after running backs
11· · · · Q.· ·Do you recall when you were injured, 11· ·were hurt, I was playing running back.
12· ·Mr. Joly? 12· · · · Q.· ·Do you know when you were moved over to
13· · · · A.· ·I don't recall exactly when I was injured, 13· ·running back?
14· ·but I believe it was after spring ball. 14· · · · A.· ·2015.
15· · · · Q.· ·Was it during football that you were 15· · · · Q.· ·Who was hurt that caused you to be moved
16· ·injured or was it some other injury, some other 16· ·from cornerback to running back?
17· ·event or occurrence? 17· · · · A.· ·It was Akrum and Canzeri.· I think he was
18· · · · A.· ·It was during football.· It happened 18· ·having some ankle issues or something.
19· ·during football practice.· Normally I would take a 19· · · · Q.· ·And as you sit here today, the extent of
20· ·lot of ibuprofen so I wouldn't miss practice, so my 20· ·the play that you had or experience you had in 2015
21· ·knees -- so I'd be able to obtain [sic] the pain 21· ·is you believe you were in for one play during the
22· ·with my knees as I was -- because my knee, I had a 22· ·Illinois-Iowa game; is that correct?
23· ·meniscus tear, but once the pain started wearing 23· · · · A.· ·Yes.
24· ·off, I started feeling the pain, started hurting 24· · · · Q.· ·What running backs were ahead of you in
25· ·pretty bad.· It was my right knee. 25· ·the program?· Was it LeShun Daniels and Jordan

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·1· ·Canzeri and Akrum Wadley? ·1· · · · A.· ·I never had a relationship with the
·2· · · · A.· ·Yes. ·2· ·coaches at the University of Iowa.· When it comes to
·3· · · · Q.· ·Were there others besides those three that ·3· ·looking for a position coach -- football position
·4· ·were ahead of you on the depth chart or the ·4· ·coach job, you need recommendations.· The coaches
·5· ·opportunity to play? ·5· ·never made themselves available for you to have a
·6· · · · A.· ·We didn't really have a depth chart, you ·6· ·relationship with them.· So no, I never applied for
·7· ·know.· Our position coach was telling us that we all ·7· ·no coaching job because I had nobody to speak on my
·8· ·had an opportunity to play every weekend.· So I ·8· ·behalf.
·9· ·never believed in the depth chart.· We was all told ·9· · · · Q.· ·You didn't apply to any high schools or
10· ·that we were going to play. 10· ·any pro teams or any college program of any kind to
11· · · · Q.· ·Was Derrick Mitchell also a running back 11· ·seek a head coaching -- excuse me, not a head
12· ·at that time, in 2015? 12· ·coaching, but any coaching position?· Isn't that
13· · · · A.· ·Yes. 13· ·true?
14· · · · Q.· ·Was he ahead of you in the opportunity to 14· · · · A.· ·Yes.
15· ·play? 15· · · · Q.· ·Other than actually filing an application,
16· · · · A.· ·Yes. 16· ·did you ever talk to a school about becoming a
17· · · · Q.· ·How about in 2016?· Did you participate in 17· ·coach, even make an inquiry?
18· ·any games in 2016? 18· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form.
19· · · · A.· ·No.· I -- 19· · · · Q.· ·(By Mr. Stone) Let's break it down,
20· · · · Q.· ·On the -- 20· ·Mr. Joly.· Did you ever inquire of any college
21· · · · A.· ·I'm sorry.· I didn't mean to cut you back. 21· ·football program about the prospect of becoming a
22· ·Also we can go back.· Drake [sic] Hulett, he wasn't 22· ·coach?
23· ·a running back.· He was a fullback, a white 23· · · · A.· ·No.
24· ·fullback, that he got the chance to run the ball 24· · · · Q.· ·In your answers to interrogatories -- we
25· ·more than I did, and I never understood the reason 25· ·can look at them if you'd like to see them, but you
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·1· ·why because he was never a running back.· So that's ·1· ·talk about some discussions with Coach Chris White
·2· ·another running back too. ·2· ·about tattoos and Coach White about an automobile.
·3· · · · Q.· ·In 2016, did you get in any games? ·3· ·Do you recall those discussions?
·4· · · · A.· ·No. ·4· · · · A.· ·Can I see it, please?
·5· · · · Q.· ·Who are the running backs who played ahead ·5· · · · Q.· ·Yeah.· I'll put back in front of you
·6· ·of you in 2016? ·6· ·Exhibit 78.· And in Interrogatory Number 10 -- take
·7· · · · A.· ·I don't recall. ·7· ·your time to read Interrogatory Number 10 and the
·8· · · · Q.· ·In 2017, before your injury, did you ·8· ·answer, Mr. Joly, and when you're ready, I'll show
·9· ·participate in any games? ·9· ·you Interrogatory Number 9.
10· · · · A.· ·No. 10· · · · A.· ·All right.
11· · · · Q.· ·How about in the entire year of 2017?· Did 11· · · · Q.· ·And I'd like you also to look at the
12· ·you get in any games? 12· ·previous Interrogatory Number 9, and some of it
13· · · · A.· ·No.· No.· I don't recall.· I may have got 13· ·spills over to page 9.· So when you're done with
14· ·in another game for one more play, but I can't 14· ·page 8, let me know and I'll show you the remainder
15· ·remember the year.· It may have been -- no.· I only 15· ·of it.· Let's start at the top.· And when you're
16· ·had one play.· It was in 2015.· That was it. 16· ·ready for me to scroll down, just tell me, Mr. Joly.
17· · · · Q.· ·To the best of your recollection, you 17· · · · A.· ·You can scroll down.
18· ·didn't play in any game in 2016 or 2017? 18· · · · Q.· ·Excuse me.· I went too far.· Have you had
19· · · · A.· ·I don't recall. 19· ·a chance to review Interrogatories Number 9 and
20· · · · Q.· ·Did you talk with any schools about 20· ·Number 10?
21· ·becoming a coach? 21· · · · A.· ·Yes.
22· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form. 22· · · · Q.· ·Do you know which of the discussions
23· · · · Q.· ·(By Mr. Stone) Well, let me ask it this 23· ·occurred first in time?· Was it the discussion about
24· ·way, Mr. Joly.· You didn't make any applications to 24· ·the tattoos or about the automobile?
25· ·any football programs to become a coach, correct? 25· · · · A.· ·The automobile occurred first.

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·1· · · · Q.· ·Let's talk about that one.· Is it correct ·1· ·like "It's not right," but at that moment, Chris
·2· ·that you bought an automobile with your then ·2· ·White was just so afraid to, like, even say anything
·3· ·girlfriend Shae Scott? ·3· ·back to us to try and help us.
·4· · · · A.· ·Yes. ·4· · · · Q.· ·So what is it that Chris White said to you
·5· · · · Q.· ·Did you buy it during your sophomore year ·5· ·about the automobile, if you can recall?
·6· ·in 2015 with Ms. Scott? ·6· · · · A.· ·Excuse me?
·7· · · · A.· ·Yes. ·7· · · · Q.· ·What is it that Chris White -- Coach Chris
·8· · · · Q.· ·How long did the two of you date or were ·8· ·White said to you about the automobile?
·9· ·you together with Ms. Scott, Mr. Joly? ·9· · · · A.· ·He was asking me where did I get it from,
10· · · · A.· ·I don't recall. 10· ·how did I get it, where did it come from.· He
11· · · · Q.· ·What happened to the car after you were 11· ·started accusing me of, like, stealing it or, like,
12· ·done dating? 12· ·not paying -- not using my resources to get it,
13· · · · A.· ·The car was sold. 13· ·because at the time, Chris White was seeing how I
14· · · · Q.· ·Was your name on the title?· Do you 14· ·was dressing.· He saw the shoes.· Like, how I
15· ·remember? 15· ·carried myself was just too flashy for him.
16· · · · A.· ·Yes. 16· · · · · · ·So that was his way of trying to tell me
17· · · · Q.· ·Was there an occasion when you drove it to 17· ·that I was showing too much, I was being too flashy.
18· ·the football building? 18· ·Because in my class, I was the only guy that had a
19· · · · A.· ·Yes.· That was my way of getting to the 19· ·BMW that was driving it to the school.· So the way I
20· ·complex. 20· ·was moving was just too flashy for him.
21· · · · Q.· ·Did you drive it there in 2015? 21· · · · · · ·So when he brought me into his office, it
22· · · · A.· ·Yes. 22· ·was his way of telling me "Marcel, what are you
23· · · · Q.· ·Was it in 2015 that you had your 23· ·doing with your life?· Like, you look you're over
24· ·conversation with Coach Chris White about the 24· ·here --" the conversation didn't go like that, but
25· ·vehicle? 25· ·he was basically saying, "You look like you're
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·1· · · · A.· ·Yes, I believe so.· Right after I got it, ·1· ·stealing."
·2· ·probably the next day. ·2· · · · Q.· ·You said "the conversation didn't go like
·3· · · · Q.· ·So you think this was maybe the first time ·3· ·that."· What does that mean?
·4· ·that you drove the vehicle to the football building, ·4· · · · A.· ·Like how I'm speaking.· But he mentioned
·5· ·you had a conversation with Coach Chris White about ·5· ·that I did steal the car, where did I get the
·6· ·the vehicle? ·6· ·legitimate means to purchase the vehicle.· That was
·7· · · · A.· ·Yes. ·7· ·Chris White's words.
·8· · · · Q.· ·Describe that event for me or that ·8· · · · Q.· ·And what did he tell you?· Or what did you
·9· ·conversation, Mr. Joly, with you coming up to the ·9· ·tell him?
10· ·building.· And then what happens after that? 10· · · · A.· ·I told him how I got the vehicle and I
11· · · · A.· ·I was leaving class, and then I went to 11· ·started laughing when he first said it, because I
12· ·the LC, and from leaving the LC, it was time for us 12· ·couldn't understand why he would check me out about
13· ·to grab our team meal.· And I pulled up on the side 13· ·the car that I got.
14· ·of the -- I believe Shae was with me too, but I 14· · · · Q.· ·What did you tell him about how you got
15· ·don't recall the whole incident because it happened 15· ·the car?
16· ·a while ago, but I pulled up to the side of the 16· · · · A.· ·I told him me and Shae bought the vehicle.
17· ·building, and Chris White -- normally all the 17· ·And we had went, I believe, to eat with -- at his
18· ·coaches have access where to sit at to see outside 18· ·house one time too, and he also had mentioned the
19· ·the window. 19· ·same thing about the vehicle.
20· · · · · · ·Chris White saw the car, and then he just 20· · · · Q.· ·I'm sorry.· I just didn't understand that,
21· ·started acting -- like, just started just acting 21· ·Mr. Joly.· Can you tell me what you just told me
22· ·weird, "Where did you get the car?"· Like just 22· ·again?
23· ·started asking me questions that I just really felt 23· · · · A.· ·The running backs normally eats with their
24· ·uncomfortable, and I was sitting with him too, and I 24· ·position coach, so I drove the vehicle to his house
25· ·went up and told the other guys about it and was 25· ·with a couple of my teammates, and he also was

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·1· ·questioning me about -- the same questions about the ·1· · · · Q.· ·Well, my question to you is whether he was
·2· ·vehicle, how I was able to afford the vehicle, where ·2· ·involved in questioning you about it, not whether he
·3· ·did I get the vehicle from, where am I getting all ·3· ·was aware of it.
·4· ·this money, why am I so flashy, why am I showing too ·4· · · · A.· ·Involved in questioning me?· No.
·5· ·much. ·5· · · · Q.· ·The only one that questioned you about it
·6· · · · Q.· ·Was this after the conversation at the ·6· ·directly was Coach Chris White?
·7· ·football building? ·7· · · · A.· ·Yeah.· He was my position coach.· My
·8· · · · A.· ·Yes. ·8· ·position coach.· He called me in his office.
·9· · · · Q.· ·How long after that, if you can recall? ·9· · · · Q.· ·And just so that we're clear, Brian
10· · · · A.· ·I don't recall.· Chris White was also 10· ·Ferentz didn't question you about your automobile,
11· ·afraid for what the coaches could do to him, so a 11· ·correct?
12· ·lot of time, when he was talking to us black 12· · · · A.· ·I don't recall.
13· ·players, he would be afraid to really tell us how he 13· · · · Q.· ·Coach Chris Doyle didn't question you
14· ·would feel, so he would tell us to go talk to the 14· ·about your automobile, correct?
15· ·coaches, go talk to the head man, Kirk Ferentz, go 15· · · · A.· ·I don't recall.
16· ·talk to Doyle, rather than him being the middle man 16· · · · Q.· ·Coach Seth Wallace didn't question you
17· ·to go ahead and bridge that gap to help us -- to 17· ·about your automobile, did he?
18· ·help the coaches understand what we were going 18· · · · A.· ·I don't recall.
19· ·through. 19· · · · Q.· ·You go on in Interrogatory Answer Number
20· · · · Q.· ·In your answer to Interrogatory Number 10, 20· ·10 to say that "Coach Chris White did not believe
21· ·you were asked in subpart B the name of each member 21· ·Plaintiff Joly and continued to make comments to
22· ·of the University coaching staff who engaged in this 22· ·Plaintiff Joly throughout his tenure."
23· ·questioning, and you identify only Coach Chris 23· · · · · · ·Is that referring to the time that you
24· ·White, correct? 24· ·went over to his house for dinner and he questioned
25· · · · A.· ·Yes. 25· ·you again about the automobile?
Page 27 Page 29
·1· · · · Q.· ·Is that true, that only Chris White ·1· · · · A.· ·That was one scenario, yes.
·2· ·questioned you about your automobile? ·2· · · · Q.· ·Were there other times he questioned you
·3· · · · A.· ·I mean, Bobby Kennedy was his right-hand ·3· ·about the automobile?
·4· ·man.· They both said something to me about it.· They ·4· · · · A.· ·No.· I started parking far from the
·5· ·used to call me Jaho [phonetic].· Again, I was just ·5· ·complex and walking because I didn't want to be
·6· ·this flashy kid.· Like, they didn't know how to ·6· ·questioned by nobody.
·7· ·speak with me.· They didn't know how I was able to ·7· · · · Q.· ·Besides the two times you've told me, once
·8· ·get the vehicle while I'm still in school. ·8· ·at Chris White's house and once at the football
·9· · · · · · ·Didn't nobody care to understand and ask ·9· ·building, did Coach Chris White make any further
10· ·us questions.· They just was so quick to assume.· If 10· ·comments to you about your automobile, if you can
11· ·you're a black player, you were doing this wrong, 11· ·recall?
12· ·you were doing this, you was doing that.· So that's 12· · · · A.· ·I can't recall.
13· ·that.· Like, they really assumed -- there was a lot 13· · · · Q.· ·Were those two incidents that you can
14· ·of assuming.· Nobody really cared to understand who 14· ·recall both in the year 2015?
15· ·we really were and understood what we were going 15· · · · A.· ·Yes.
16· ·through.· Nobody cared.· It was just assuming that 16· · · · Q.· ·Have you told me, Mr. Joly, everything you
17· ·that's what we were doing. 17· ·can recall about the questioning by anyone on the
18· · · · Q.· ·You were asked in Number 10 the name of 18· ·coaching staff about your automobile?
19· ·each number of the University football coaching 19· · · · A.· ·Yes.
20· ·staff who engaged in this questioning, and you 20· · · · Q.· ·And then let's go back to Interrogatory
21· ·identified Coach Chris White.· Are you now telling 21· ·Number 9.· Let me go up to the top and show you that
22· ·me that also Coach Kennedy was involved in the 22· ·we're talking about Interrogatory Number 9, and then
23· ·questioning? 23· ·I'll scroll down to your answer.· It says that
24· · · · A.· ·Bobby Kennedy was aware, yes.· He was 24· ·"Coach Chris White saw Plaintiff Joly wearing a tank
25· ·aware of the whole situation. 25· ·top and asked for Plaintiff Joly to meet him in his

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·1· ·office."· Do you recall this incident? ·1· ·life on the Iowa way.
·2· · · · A.· ·Repeat the question. ·2· · · · Q.· ·Did you do anything different after that?
·3· · · · Q.· ·Yes.· It says in the second sentence, ·3· · · · A.· ·I've always done something different.
·4· ·"Coach Chris White saw Plaintiff Joly wearing a tank ·4· ·That's how I was able to graduate.· Again, I stay
·5· ·top and asked for Plaintiff Joly to meet him in his ·5· ·out of sight.· That's why a lot of them -- a lot of
·6· ·office."· My question is, do you recall that ·6· ·coaches, we didn't have no relationship.
·7· ·incident? ·7· · · · Q.· ·After this discussion with Coach White,
·8· · · · A.· ·Yes. ·8· ·did he talk to you again about your tattoos?
·9· · · · Q.· ·When did that occur in relationship to the ·9· · · · A.· ·I don't recall.· I have a lot of tattoos,
10· ·visit about the automobile? 10· ·so coaches -- and I got them pretty often during the
11· · · · A.· ·I don't recall exactly when, but it was 11· ·season, and coaches seen my tattoos.· They have
12· ·just another one of them scenarios when I was going 12· ·always judged me for my tattoos or have something to
13· ·for a team lunch, and I had a tank top on and he 13· ·say about my tattoos.· I also have a brand, Omega
14· ·seen me.· All the coaches was in -- was also coming 14· ·Psi Phi branding that's on my arm.
15· ·to get food from their office, from the back office. 15· · · · · · ·They have always questioned what they are
16· ·That's when he told me to come to his office. 16· ·but never cared to understand.· Like, they always
17· · · · Q.· ·Was this the first time that Coach Chris 17· ·ask what they are, but there's not a relationship
18· ·White had talked to you about your tattoos? 18· ·there where we can elaborate on what the tattoos
19· · · · A.· ·No.· He always said something about my 19· ·mean, but they always was quick to judge you, on the
20· ·tattoos, asking what they are, what they mean, "What 20· ·car, on the tattoos, earrings, all that.· That's the
21· ·is this?· What is that?"· All the coaches did that. 21· ·Iowa culture.
22· · · · Q.· ·So when did Coach Chris White first talk 22· · · · Q.· ·Did -- in your answer, you don't mention
23· ·to you about your tattoos?· This time when he called 23· ·Brian Ferentz or Seth Wallace, do you?
24· ·you into the office, or had he talked to you 24· · · · A.· ·No.
25· ·earlier? 25· · · · Q.· ·Did Brian Ferentz talk to you about your
Page 31 Page 33
·1· · · · A.· ·He had talked to me earlier.· Because ·1· ·tattoos?
·2· ·Chris White was my recruiter.· He -- I was getting ·2· · · · A.· ·I don't recall.
·3· ·tattoos when he was coming to my high school, so he ·3· · · · Q.· ·Did Coach Seth Wallace talk to you about
·4· ·knew I had a lot of tattoos.· He was just telling me ·4· ·your tattoos?
·5· ·that was not the Iowa way. ·5· · · · A.· ·I don't recall.
·6· · · · Q.· ·So he asked you to come into his office? ·6· · · · Q.· ·Did Coach Chris Doyle talk to you about
·7· · · · A.· ·Yes. ·7· ·your tattoos?
·8· · · · Q.· ·What year? ·8· · · · A.· ·I don't recall but -- I don't recall -- I
·9· · · · A.· ·I don't recall.· It may have been 2015, ·9· ·don't recall.
10· ·2016.· I don't recall. 10· · · · Q.· ·Did you visit with a counselor or a
11· · · · Q.· ·It was one of those two years? 11· ·therapist at any time that you were part of the Iowa
12· · · · A.· ·Yes. 12· ·football program?
13· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form. 13· · · · A.· ·No.
14· · · · Q.· ·(By Mr. Stone) Well, Mr. Joly, it occurred 14· · · · Q.· ·Do you know the name Kelli Moran-Miller?
15· ·after the automobile discussion; is that true? 15· · · · A.· ·I've heard of her, yes.
16· · · · A.· ·Yes. 16· · · · Q.· ·Did you ever have a meeting with her or
17· · · · Q.· ·Can you be any more specific about the 17· ·visit with her?
18· ·time? 18· · · · A.· ·I don't recall.
19· · · · A.· ·I don't recall. 19· · · · Q.· ·Do you know who replaced Kelli
20· · · · Q.· ·What did Coach Chris White say to you? 20· ·Moran-Miller?
21· · · · A.· ·When I saw him in regards to the tank top? 21· · · · A.· ·No.
22· · · · Q.· ·Yes. 22· · · · Q.· ·Did you meet with John Bruno at any time?
23· · · · A.· ·He was just telling me that that wasn't 23· · · · A.· ·Yes.· John Bruno was a key asset to my
24· ·the Iowa way and if I wanted to last in the program, 24· ·success at Iowa, and he didn't even recruit me.· But
25· ·I need to start tightening up and start living my 25· ·yes.

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·1· · · · Q.· ·What do you mean by he was a -- ·1· · · · Q.· ·What did you and John Bruno talk about?
·2· · · · A.· ·He worked at the LC.· I spent a lot of ·2· · · · A.· ·John Bruno and I used to talk about just
·3· ·hours at the LC trying to graduate, and John Bruno ·3· ·different things, life things.· He was one person
·4· ·was to help me -- to help guide me because he ·4· ·that a lot of us black players felt comfortable
·5· ·understood what was going on and he wanted to see me ·5· ·opening up to that wasn't a coach, to be honest with
·6· ·do something good with my life.· So I owe John Bruno ·6· ·you.· I can't really recall exactly what we talked
·7· ·a lot of respect. ·7· ·about, but we talked about everything.· He was one
·8· · · · Q.· ·Was he your academic adviser? ·8· ·person, again, I felt really comfortable with
·9· · · · A.· ·First it was Andy Wickham, but Andy ·9· ·speaking about what I was going through.
10· ·Wickham was voicing his opinion too strongly and he 10· · · · Q.· ·Were the times that you spoke with John
11· ·ended up getting fired.· But John Bruno ended up 11· ·Bruno -- were those one-on-one conversations or were
12· ·being my adviser, yes. 12· ·other people also present?
13· · · · Q.· ·When did John Bruno start to be your 13· · · · A.· ·One-on-one.· Other people was present
14· ·adviser, if you can recall? 14· ·oftentimes.· But yes, both.
15· · · · A.· ·I don't recall. 15· · · · Q.· ·As you sit here and recollect your
16· · · · Q.· ·And then he continued to be your adviser 16· ·meetings with John Bruno, is there anything you can
17· ·academically until you graduated? 17· ·tell me else about what was said between you and
18· · · · A.· ·Yes. 18· ·John Bruno that you haven't told me?
19· · · · Q.· ·When did you graduate, Mr. Joly? 19· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form.
20· · · · A.· ·December 2017. 20· · · · Q.· ·(By Mr. Stone) Well, let me break it down,
21· · · · Q.· ·What was your degree in? 21· ·Mr. Joly.· Can you recall anything else that you and
22· · · · A.· ·My degree was in criminology with a 22· ·John Bruno talked about that you've not told me?
23· ·background in sociology. 23· · · · A.· ·I don't recall.
24· · · · Q.· ·Did you get a bachelor of arts or is that 24· · · · Q.· ·Did you have meetings with Kirk Ferentz?
25· ·a bachelor of science, if you can recall? 25· · · · A.· ·I would meet with Coach Kirk Ferentz every
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·1· · · · A.· ·Bachelor of science. ·1· ·year before the season, I believe, and after the
·2· · · · Q.· ·Was sociology -- tell me how that fit into ·2· ·season.
·3· ·your program.· Was it a minor field of study?· Was ·3· · · · Q.· ·So you would meet with Kirk Ferentz twice
·4· ·it a co-major?· How do you describe it? ·4· ·a year?
·5· · · · A.· ·I really wanted to study criminology, ·5· · · · A.· ·I mean, throughout the year too, but
·6· ·criminal justice, but they didn't have criminal ·6· ·there's specific times that we do meet with him.
·7· ·justice, and that was the route I had to go. ·7· · · · Q.· ·What do you recall was discussed during
·8· · · · Q.· ·I'm sorry.· I didn't catch your answer. ·8· ·those meetings?
·9· ·Let me turn up my -- ·9· · · · A.· ·I don't recall.· It's been a while back.
10· · · · A.· ·I really wanted to study criminal justice, 10· · · · · · ·(Court reporter interruption.· Mr. Wadley
11· ·but they didn't have a program for criminal justice 11· ·joined the deposition.)
12· ·so I went the other route. 12· · · · · · ·MR. STONE:· Can you please read the last
13· · · · Q.· ·Do you recall approximately what your GPA 13· ·question and the answer if it was answered?
14· ·was, Mr. Joly? 14· · · · · · ·(Record read as requested.)
15· · · · A.· ·I don't recall, but over the years, it did 15· · · · Q.· ·(By Mr. Stone) Do you know, Mr. Joly,
16· ·get -- it did improve a lot. 16· ·approximately how many times you would have met with
17· · · · Q.· ·And you worked hard at your studies and 17· ·Kirk Ferentz during the time you were in the Iowa
18· ·you graduated on time? 18· ·football program?
19· · · · A.· ·Graduated early, actually. 19· · · · A.· ·I don't recall.· Again, I was trying to
20· · · · Q.· ·How many times do you recall visiting with 20· ·stay out of sight because I was -- I felt like I was
21· ·John Bruno about your academic career? 21· ·looked at as a problem child.· So my goal was to
22· · · · A.· ·I don't recall. 22· ·graduate as quick as possible.· So I don't recall
23· · · · Q.· ·Was it multiple times, as many as ten or 23· ·how many times I met with Coach Ferentz, no.
24· ·more? 24· · · · Q.· ·Did you have any meetings with Coach Brian
25· · · · A.· ·I don't recall. 25· ·Ferentz?

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·1· · · · A.· ·He became my position coach at the time. ·1· · · · · · ·So I always told Chris White "What can I
·2· ·I would say yes, but I don't recall how many times. ·2· ·do to be part of the team?· I'll snap the ball if I
·3· · · · Q.· ·Do you know when he became your position ·3· ·have to."· I never traveled.· I had never traveled
·4· ·coach? ·4· ·to no game, away game, none of that, but they spent
·5· · · · A.· ·I don't recall.· It may have been 2016, ·5· ·their time recruiting me to come to the University
·6· ·going into '17. ·6· ·of Iowa.
·7· · · · Q.· ·Do you recall any meetings with Brian ·7· · · · · · ·So when I met with Chris White, yes, I
·8· ·Ferentz and you? ·8· ·told him, like, I wasn't happy with what I was doing
·9· · · · A.· ·No, I don't recall any meetings with ·9· ·at the University.· I was tired of being a hitting
10· ·Brian. 10· ·dummy at practice.· I did not miss one practice,
11· · · · Q.· ·You recall that Coach Chris White left the 11· ·hurt or not.· I would take six ibuprofen.· I'd be
12· ·program, he was terminated? 12· ·out there practicing.· My back hurt.· I used to have
13· · · · A.· ·Repeat the question. 13· ·back spasms, back hurting.· I'm out there practicing
14· · · · Q.· ·Did you know that Coach Chris White was 14· ·doing whatever I got to do to make sure that I could
15· ·terminated from the program? 15· ·have an opportunity.· I was never granted the same
16· · · · A.· ·I didn't know.· I found out when we came 16· ·opportunity as the white players.
17· ·back on campus, but nobody knew that Chris White was 17· · · · · · ·And I told him that.· I told him.· I told
18· ·going to -- was getting fired.· He always acted as 18· ·him how I felt about that, and all he told me was
19· ·if he was.· Again, that's why he always said that 19· ·"Go talk to the head men.· This is above me.
20· ·don't come to him, go to the head men, go to Kirk 20· ·There's nothing I can do."· So yes, I did when I
21· ·Ferentz, go to Doyle. 21· ·met -- I don't recall when it was, but I met with
22· · · · · · ·He was always afraid, so we never felt 22· ·Chris White and I did voice that to him.
23· ·like we had anybody to talk to, because the guy that 23· · · · Q.· ·Do you recall what year it was that you
24· ·spent all his time flying to come recruit me is 24· ·had these discussions with Chris White?
25· ·telling me he can't help me, go talk to the head man 25· · · · A.· ·It was the year that Chris -- I mean,
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·1· ·that I don't even have a relationship with. I ·1· ·Toren and Toks came on the team, so I'm not sure
·2· ·thought me and Chris White had a relationship in the ·2· ·what year that was.
·3· ·recruiting process, but when we got there, it was ·3· · · · Q.· ·And Toren Young and you said Toks both got
·4· ·"Go talk to the head man.· Go do this."· He was also ·4· ·an opportunity to play ahead of you?
·5· ·afraid for his own safety. ·5· · · · A.· ·Yes.
·6· · · · Q.· ·We've talked about the time that you ·6· · · · Q.· ·What did Chris White say to you about your
·7· ·talked about your tattoos with Chris White and the ·7· ·ability, other than you should go see the head coach
·8· ·time you talked about your automobile.· Can you ·8· ·or you should go see somebody else?
·9· ·recall any other meetings or one-on-one discussions ·9· · · · A.· ·He never told me anything about my
10· ·that you and Chris White had? 10· ·ability.· Yeah.· He never told me anything about my
11· · · · A.· ·I've always told Chris White I wasn't 11· ·ability.
12· ·happy where I stand on the team as far as my 12· · · · Q.· ·Did you consider yourself better than -- a
13· ·position.· I've always told him that.· And he agreed 13· ·better player, a better performer, than the people
14· ·with me.· He could never understood the reason why 14· ·who played ahead of you?
15· ·they wasn't giving me a chance. 15· · · · A.· ·Yes.· I was just never given the
16· · · · · · ·When Toren Young and Toks came on the 16· ·opportunity to showcase that.· There's a lot of
17· ·team, they automatically got a chance to play. I 17· ·players that was given the opportunity to showcase
18· ·was there.· I had the grades.· I was working.· They 18· ·their talent.· I never got the opportunity so -- I
19· ·just was giving the opportunity that for some reason 19· ·never got that opportunity.
20· ·they was holding back from me. 20· · · · Q.· ·Do you recall any meetings that you had
21· · · · · · ·So I was always meeting with Chris White 21· ·with Coach Chris Doyle?
22· ·telling him "How can I -- what can I do to be part 22· · · · A.· ·I don't recall, but -- I don't recall no
23· ·of the team?"· I never felt like I was part of the 23· ·specific meetings, but I do recall voicing that
24· ·team.· I was always happy for my guys, but I never 24· ·opinion to Chris Doyle also.· But with them, they
25· ·felt like I was part of the team. 25· ·want you -- the coaches don't understand that

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·1· ·football -- for a lot of us, football, it's like the ·1· ·I was a scout team player for all my years at the
·2· ·only way.· Like that's the only thing we have. ·2· ·University of Iowa, because I was in the doghouse
·3· · · · · · ·So instead of them really trying to help ·3· ·and I never got out of the doghouse and I was never
·4· ·us find another way to get with football, they was ·4· ·given the opportunity to showcase my talent.
·5· ·just literally trying to kill the football dreams ·5· · · · Q.· ·And you were saying that you were
·6· ·that we have. ·6· ·performing against other players on defense who went
·7· · · · · · ·Any aspirations that we have for football, ·7· ·on to play in the pros, like Josey Jewell?
·8· ·they would kill that dream and make you a team ·8· · · · A.· ·Yeah.· When I said that to say is on the
·9· ·player.· Make you a team player.· A team player, ·9· ·highlights, you could see my potential.· If I was
10· ·basically whatever the team is doing, that's -- 10· ·given the opportunity, a chance to showcase my
11· ·nobody -- a lot of us did not want to be a team 11· ·talent, I could have been with them, sitting with
12· ·player, and that's what they're trying to formulate 12· ·them.· That's basically what I was trying to say.
13· ·us to be. 13· · · · Q.· ·Did you explain that belief to Coach Kirk
14· · · · · · ·A team player is an Iowa guy, a person 14· ·Ferentz, that you believed you were good enough to
15· ·that follows from A to Z.· But with them, if you 15· ·play?
16· ·have any small mistake, any minor mistake, you go on 16· · · · A.· ·Kirk Ferentz never, like, gave us a chance
17· ·that note that Coach Ferentz keeps in his pocket and 17· ·to really explain or talk to him.· Like, he was
18· ·you never leave the doghouse. 18· ·always quick to cut us off.· Again, if you're a kid
19· · · · Q.· ·Did you talk with Coach Chris Doyle about 19· ·that gets in trouble, you're looked at as a callous
20· ·more playing time? 20· ·to the program, somebody that is so bad to the
21· · · · A.· ·Yes. 21· ·program that they don't even care to hear what you
22· · · · Q.· ·What did Chris Doyle tell you? 22· ·have to say.
23· · · · A.· ·I don't recall. 23· · · · Q.· ·Were you somebody who got in trouble?
24· · · · Q.· ·Did you talk with Kirk Ferentz about 24· · · · A.· ·Say it again.
25· ·getting more playing time? 25· · · · Q.· ·Were you someone who had gotten in
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·1· · · · A.· ·Yes. ·1· ·trouble?
·2· · · · Q.· ·What did Kirk Ferentz tell you? ·2· · · · A.· ·I mean, I missed, like, little things. I
·3· · · · A.· ·To go talk to Coach Woods.· And I went and ·3· ·never got in no legal trouble.
·4· ·talked to Coach Woods.· And the highlights -- I ·4· · · · · · ·MR. SOLOMON-SIMMONS:· Roger, can we take a
·5· ·still have the highlights.· The highlight shows, ·5· ·break?· We've been going about an hour.
·6· ·like, the players that's in the league now.· I was ·6· · · · · · ·MR. STONE:· Yeah.· We can take ten
·7· ·one of the scout team players.· A lot of the players ·7· ·minutes.· That's fine.· Sure.
·8· ·that's in the league now, I was up against one of ·8· · · · · · ·VIDEOGRAPHER:· Off the record at 10 a.m.
·9· ·the best players, some of the best players.· So -- ·9· · · · · · ·(Recess taken from 10:00 to 10:14 a.m.)
10· · · · Q.· ·I'm sorry.· I'm not understanding what 10· · · · · · ·(Mr. Wadley left the deposition.)
11· ·you're telling me.· You mean players who went on to 11· · · · · · ·VIDEOGRAPHER:· On the record at 10:14 a.m.
12· ·perform in the NFL? 12· · · · Q.· ·(By Mr. Stone) Mr. Joly, before we broke,
13· · · · A.· ·Yes.· Can you repeat the question again? 13· ·I think you mentioned the name LeVar Woods.· Did you
14· · · · Q.· ·Well, you were talking about you were 14· ·meet with Coach Woods?
15· ·playing as a scout team player against some of the 15· · · · A.· ·Yes.
16· ·best players. 16· · · · Q.· ·What did you and he discuss?
17· · · · A.· ·Right. 17· · · · A.· ·Getting an opportunity to get a spot on
18· · · · Q.· ·Who did you mean by the best players? 18· ·the special teams.
19· · · · A.· ·I mean, when I say best players, I mean 19· · · · Q.· ·What did he say to you?
20· ·players that's in the league.· You got Josey Jewell. 20· · · · A.· ·I don't recall.
21· ·Like the whole defensive staff.· You know what I 21· · · · Q.· ·When did you last participate in the Iowa
22· ·mean?· I was there every day making them better. 22· ·football program?
23· ·That's what they wanted us to do. 23· · · · A.· ·I don't recall.
24· · · · · · ·It's like if you're in the doghouse, 24· · · · Q.· ·Did you make a decision to become a
25· ·you're on the scout team early, that's what I was. 25· ·graduate transfer after you graduated?

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·1· · · · A.· ·After I graduated, I didn't know what I ·1· · · · A.· ·I believe we cut down trees.· I don't
·2· ·wanted to do. ·2· ·recall anything else.
·3· · · · Q.· ·Did you talk with other football programs ·3· · · · Q.· ·What was that community service for?· What
·4· ·about possibly taking your last year of eligibility ·4· ·happened that led you to get community service?
·5· ·and going to their programs? ·5· · · · A.· ·I don't recall the exact reason.
·6· · · · A.· ·Yes. ·6· · · · Q.· ·Do you know when you got that community
·7· · · · Q.· ·Which schools did you think about ·7· ·service?· Was it early in your career at Iowa?· Was
·8· ·transferring to so that you could continue to play? ·8· ·it late?· What do you recall?
·9· · · · A.· ·I don't recall every school.· I believe I ·9· · · · A.· ·That was probably early, I would say.
10· ·talked to schools back home.· Morgan.· Morgan State 10· · · · Q.· ·Can you be more specific as to the year?
11· ·University.· Towson University.· That was the two 11· · · · A.· ·Maybe sophomore year.
12· ·schools.· Again, I didn't have no highlights so I 12· · · · Q.· ·That would have, then, been in the year
13· ·couldn't -- I didn't have no way to reach out. 13· ·2015; is that right?
14· · · · Q.· ·Did you get any offers from other schools, 14· · · · A.· ·Correct.
15· ·such as Morgan State or Towson, to come and play 15· · · · Q.· ·Was that the last time that you recall
16· ·football there? 16· ·getting community service, was in 2015?
17· · · · A.· ·No, but I did receive offers from the 17· · · · A.· ·I don't recall.
18· ·University of Maryland, Vanderbilt, Old Dominion, 18· · · · Q.· ·Did Brian Ferentz ever use the N-word
19· ·and I believe another school, prior to coming to the 19· ·directly to you?
20· ·University of Iowa. 20· · · · A.· ·No.
21· · · · Q.· ·Those were before you came to Iowa in 21· · · · Q.· ·Did Brian Ferentz ever call you a gang
22· ·2014, correct? 22· ·member or say words to the effect of "What gang are
23· · · · A.· ·Correct. 23· ·you in?"
24· · · · Q.· ·Did you go back to any of those schools in 24· · · · A.· ·I don't recall.
25· ·early 2018 to see if they were interested in you 25· · · · Q.· ·Did Brian Ferentz ever call you a stupid
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·1· ·participating as a graduate transfer? ·1· ·MF?
·2· · · · A.· ·No. ·2· · · · A.· ·Maybe a dumb motherfucker.· I'm not sure
·3· · · · Q.· ·Other than playing time, what discipline ·3· ·about stupid.
·4· ·or punishment did you receive, if any, during the ·4· · · · Q.· ·Did Brian Ferentz ever say to you, "Go
·5· ·Iowa football program participation that you were ·5· ·back to the ghetto" or words to that effect?
·6· ·in? ·6· · · · A.· ·I don't recall.
·7· · · · A.· ·Can you repeat the question? ·7· · · · Q.· ·Did Brian Ferentz ever use a derogatory
·8· · · · Q.· ·I understand you have complaints about ·8· ·term or name in relationship to you?
·9· ·your playing time, correct? ·9· · · · A.· ·When you say "derogatory term," what do
10· · · · A.· ·This is not why we're here. 10· ·you mean by that?
11· · · · Q.· ·Well, what punishments, if any, did you 11· · · · Q.· ·Something that is demeaning or abusive or
12· ·receive from the Iowa football program? 12· ·a racial slur or racial epithet or something like
13· · · · A.· ·I don't recall. 13· ·that.
14· · · · Q.· ·What discipline did you receive, if any, 14· · · · A.· ·I don't recall.
15· ·from the Iowa football program? 15· · · · Q.· ·Were you present when Jonathan Parker was
16· · · · A.· ·Can you repeat the question? 16· ·running in the end zone and tossed the ball to Coach
17· · · · Q.· ·What discipline, if any, did you receive 17· ·Brian Ferentz and told him to go do it himself?
18· ·from the Iowa football program? 18· · · · A.· ·Yes.
19· · · · A.· ·I've gotten community service hours. 19· · · · Q.· ·What were you doing on the field at the
20· · · · Q.· ·What kind of community service did you do? 20· ·time?
21· · · · A.· ·I believe one time, it was Christmas, we 21· · · · A.· ·At the time, we were just finishing up
22· ·had to lift Christmas trees and put them on people's 22· ·with a drill.· I believe I was in the turn or maybe
23· ·back of trucks and stuff. 23· ·on the sideline waiting to run down for the drill.
24· · · · Q.· ·Can you recall anything else that you did 24· ·So I was either on the sideline or maybe in line to
25· ·for community service besides the Christmas trees? 25· ·be one of those guys running down to make a play on

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·1· ·whoever -- ·1· · · · Q.· ·Did you witness Brian Ferentz kick a
·2· · · · Q.· ·Tell me -- ·2· ·garbage can that day when he had the exchange with
·3· · · · · · ·(Simultaneous speaking.· Court reporter ·3· ·Jonathan Parker?
·4· ·interruption.) ·4· · · · A.· ·Yes.· I don't recall if it was at the same
·5· · · · A.· ·Whoever was running the ball. ·5· ·time, because we have different practices switch
·6· · · · Q.· ·I didn't mean to interrupt you, Mr. Joly. ·6· ·around.· It may have been at the same practice but
·7· ·Were you finished with your answer? ·7· ·different time.
·8· · · · A.· ·Yes. ·8· · · · Q.· ·Did Coach Brian Ferentz ever say anything
·9· · · · Q.· ·Tell me what you recall about that event. ·9· ·to you about your hair?
10· · · · A.· ·All that I recall was that it was just a 10· · · · A.· ·I don't recall.
11· ·bad play.· I mean, sometimes you get turf toe when 11· · · · Q.· ·Did Brian Ferentz ever say anything to you
12· ·you try to make a cut and your foot gets stuck. I 12· ·about your clothing?
13· ·don't know the exact situation that happened, but I 13· · · · A.· ·I don't recall.
14· ·heard it.· I was on the side.· I saw when JP tossed 14· · · · Q.· ·Did Brian Ferentz ever say anything to you
15· ·the ball to Brian Ferentz.· It was all on tape. 15· ·about your jewelry?
16· · · · · · ·At the time, we was all shocked, but when 16· · · · A.· ·I don't recall.
17· ·Brian Ferentz just started lashing out, he turned 17· · · · Q.· ·Did Brian Ferentz ever say anything to you
18· ·red, started cussing, started calling him a stupid 18· ·about the way that you speak?
19· ·motherfucker.· He never personally called me a 19· · · · A.· ·I don't recall.
20· ·stupid motherfucker.· Called him a stupid 20· · · · Q.· ·Did Brian Ferentz ever say anything to you
21· ·motherfucker, "Get the fuck off my field.· Do you 21· ·about the way that you walked?
22· ·know who the fuck I am?"· Just started spasming. 22· · · · A.· ·I don't recall.
23· · · · Q.· ·Did you hear what Jonathan Parker said to 23· · · · Q.· ·Did Brian Ferentz ever mock or make fun of
24· ·Coach Brian Ferentz? 24· ·you or ridicule you about your hair?
25· · · · A.· ·From where I was, I couldn't personally 25· · · · A.· ·I don't recall.
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·1· ·hear it, but later on, all of us did speak about it. ·1· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·2· · · · Q.· ·I'm sorry.· I didn't hear the last part of ·2· ·you, or ridicule you about your tattoos?
·3· ·that. ·3· · · · A.· ·I don't recall.
·4· · · · A.· ·Later on, it was known what had happened ·4· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·5· ·at practice. ·5· ·you, or ridicule you about your clothing?
·6· · · · Q.· ·Later on, you learned what Jonathan Parker ·6· · · · A.· ·I don't recall.
·7· ·had said? ·7· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·8· · · · A.· ·Right. ·8· ·you, or ridicule you about your jewelry?
·9· · · · Q.· ·How did you learn what Jonathan Parker had ·9· · · · A.· ·I don't recall.
10· ·said? 10· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
11· · · · A.· ·Not learned.· We was out there.· But, 11· ·you, or ridicule you about the way that you talk?
12· ·like, from where I was from where he was, I couldn't 12· · · · A.· ·I don't recall.
13· ·hear exactly what he was saying.· All we saw was 13· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
14· ·Brian Ferentz just lashing out, going crazy. 14· ·you, or ridicule you about the way that you walked?
15· · · · Q.· ·Did Jonathan Parker later tell you what he 15· · · · A.· ·I don't recall.
16· ·had said? 16· · · · Q.· ·The same questions with respect to Coach
17· · · · A.· ·He was kicked out of the workout.· Yes. 17· ·Seth Wallace.· Did Coach Seth Wallace ever use the
18· ·Sorry.· Yes, Jonathan Parker did tell us when we got 18· ·N-word directed at you?
19· ·back to the locker room. 19· · · · A.· ·I don't recall.
20· · · · Q.· ·What did Jonathan Parker tell you that he 20· · · · Q.· ·Did Seth Wallace ever say to you "What
21· ·had said? 21· ·gang are you in?" or gang member or gang affiliation
22· · · · A.· ·I don't recall. 22· ·or words to that effect?
23· · · · Q.· ·Can you recall anything else about the 23· · · · A.· ·I don't recall.
24· ·incident that you've not yet told me? 24· · · · Q.· ·Did Coach Seth Wallace ever call you a
25· · · · A.· ·No. 25· ·stupid MF?

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·1· · · · A.· ·Yes. ·1· · · · Q.· ·And this was one time that Seth Wallace
·2· · · · Q.· ·What was the incident where Coach Wallace ·2· ·called you a stupid MF?
·3· ·called you a stupid MF? ·3· · · · · · ·MR. SOLOMON-SIMMONS:· Object to form.
·4· · · · A.· ·He was the -- he's the linebacker coach. ·4· · · · Q.· ·(By Mr. Stone) Well, let me ask it this
·5· ·So being on the scout team at the time, they have ·5· ·way.· Other than the single incident that you talked
·6· ·plays that they want you to run exactly how the ·6· ·to me about, Mr. Joly, was there any other incident
·7· ·other team runs their plays, and for me, I didn't ·7· ·where Seth Wallace called you a stupid MF?
·8· ·appreciate getting hit on the same play because the ·8· · · · A.· ·Not a stupid MF, but he would always
·9· ·defense knows the play that's coming. ·9· ·ridicule us on the scout team, just calling us
10· · · · · · ·So I would try to make them miss or get 10· ·names, stupid, like, mother fuckers.
11· ·out of the way so they wouldn't hit me.· That was 11· · · · · · ·Again, the card that he gives us, if you
12· ·Josey Jewell.· And I remember I made a move on Josey 12· ·don't run the card exactly how he showed it to you,
13· ·Jewell and he ended up hitting me, and I didn't run 13· ·he was known to give you nicknames, silly nicknames,
14· ·the exact play that Seth Wallace wanted me to run, 14· ·call you dumb-dumb.· I can't remember every exact
15· ·and then he just started calling me a stupid 15· ·nickname that he used to come up with, but he used
16· ·motherfucker.· You're done.· Aren't you going to 16· ·to come up with silly, dumb nicknames to give you.
17· ·play the plays right here on the card?· Run the 17· · · · Q.· ·Did he have a nickname for you?
18· ·fucking play." 18· · · · A.· ·I don't recall.
19· · · · Q.· ·Do you know when that took place? 19· · · · Q.· ·Did Seth Wallace ever use words to the
20· · · · A.· ·I don't recall. 20· ·effect of "Go back to the ghetto"?
21· · · · Q.· ·Who else was playing on the field at the 21· · · · A.· ·He always said, "You should be grateful
22· ·time besides Josey Jewell, if you can recall? 22· ·that you're here" or, like, doing this because -- I
23· · · · A.· ·It was offense versus defense.· Scout 23· ·don't recall.
24· ·team.· Scout team offense versus first defense. 24· · · · Q.· ·Did Seth Wallace ever say anything to you
25· · · · Q.· ·It was the offensive scout team against 25· ·about your hair?
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·1· ·the first-team defense when this occurred? ·1· · · · A.· ·I don't recall.
·2· · · · A.· ·Correct. ·2· · · · Q.· ·Did Seth Wallace ever say anything to you
·3· · · · Q.· ·Who were the defensive linemen involved ·3· ·about your tattoos?
·4· ·that day, if you know? ·4· · · · A.· ·I don't recall.
·5· · · · A.· ·I don't recall. ·5· · · · Q.· ·Did Seth Wallace ever say anything to you
·6· · · · Q.· ·Who were the defensive linebackers besides ·6· ·about your clothing?
·7· ·Josey Jewell? ·7· · · · A.· ·I don't recall.
·8· · · · A.· ·We had Ben.· That's all I can remember. ·8· · · · Q.· ·Did Seth Wallace ever say anything to you
·9· · · · Q.· ·Bo Weber [sic]? ·9· ·about your jewelry?
10· · · · A.· ·Bo, yes. 10· · · · A.· ·I don't recall.
11· · · · Q.· ·Was Desmond King playing at the time? 11· · · · Q.· ·Did Seth Wallace ever say anything to you
12· · · · A.· ·Yes. 12· ·about the way that you speak?
13· · · · Q.· ·Does that help you identify what year it 13· · · · A.· ·I don't recall.
14· ·was? 14· · · · Q.· ·Did Seth Wallace ever say anything to you
15· · · · A.· ·No. 15· ·about the way that you walk?
16· · · · Q.· ·Who else was in the backfield besides 16· · · · A.· ·I don't recall.
17· ·Desmond King? 17· · · · Q.· ·Did Seth Wallace ever mock, make fun of
18· · · · A.· ·In the backfield? 18· ·you, or ridicule you about your hair?
19· · · · Q.· ·Defensive backfield.· Besides Desmond 19· · · · A.· ·I don't recall.
20· ·King.· Was Miles Taylor there? 20· · · · Q.· ·Did Seth Wallace ever mock, make fun of
21· · · · A.· ·Possibly Miles Taylor or Brandon Snyder. 21· ·you, or ridicule you about your tattoos?
22· · · · Q.· ·Does that help you identify the year it 22· · · · A.· ·I don't recall.
23· ·was? 23· · · · Q.· ·Did Seth Wallace ever mock, make fun of
24· · · · A.· ·No.· I remember who was on the defensive 24· ·you, or ridicule you about your clothing?
25· ·team. 25· · · · A.· ·I don't recall.

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·1· · · · Q.· ·Did Seth Wallace ever mock, make fun of ·1· · · · Q.· ·Do you recall an occasion that causes you
·2· ·you, or ridicule you about your jewelry? ·2· ·to say yes?
·3· · · · A.· ·I don't recall. ·3· · · · A.· ·He wouldn't use the specific words "Go
·4· · · · Q.· ·Did Seth Wallace ever mock, make fun of ·4· ·back to the ghetto," but he would make it -- he
·5· ·you, or ridicule you about the way that you speak? ·5· ·would -- Doyle understood his power and how much he
·6· · · · A.· ·I don't recall. ·6· ·has over your career or your future.· He wouldn't
·7· · · · Q.· ·Did Seth Wallace ever mock, make fun of ·7· ·tell you "Go back to the ghetto," exactly "Go back
·8· ·you, or ridicule you about the way that you walk? ·8· ·to the ghetto."
·9· · · · A.· ·I don't recall. ·9· · · · · · ·He would literally start disrespecting
10· · · · Q.· ·Did Coach Chris Doyle ever use the N-word 10· ·you, calling you a dumb motherfucker, make you feel
11· ·directed at you? 11· ·like you wasn't part of the team, that you didn't
12· · · · A.· ·No. 12· ·deserve to be there.· Like, I ain't never seen him
13· · · · Q.· ·Did Coach Doyle ever say, "What gang are 13· ·treat other players that was going through the same
14· ·you in?" or call you a gang member or talk about 14· ·scenarios, that was getting the same amount of minor
15· ·your gang affiliation or words to that effect? 15· ·trouble -- he did not treat them the same way.
16· · · · A.· ·Yes. 16· · · · · · ·He would disrespect us, call us stupid
17· · · · Q.· ·What incident can you recall that involved 17· ·motherfuckers, dumb motherfuckers.· And that was
18· ·that? 18· ·every day.· That was every practice.· It was like
19· · · · A.· ·He had seen me with my fraternity bracelet 19· ·we -- when we said we was walking on the shell, it's
20· ·one morning while we were stretching.· Other 20· ·like everybody, you're going to accomplish, you're
21· ·players -- all the white players always had 21· ·going for one mission, it's to get the work done and
22· ·wristbands.· You had -- Josey Jewell -- if it wasn't 22· ·go home, because if you stay in that complex longer
23· ·Iowa related, you couldn't have it on. 23· ·than what you're expected, by being a black player,
24· · · · · · ·But that day I had my Iowa wristband on 24· ·you will be targeted by when the coaches thinking
25· ·during that workout.· He walked by and he seen it 25· ·that their jokes -- or what they like to call jokes
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·1· ·and he was, like, "I don't know why the fuck you ·1· ·are funny when we were actually really hurting but
·2· ·guys be joining these fraternities.· They're so ·2· ·we really have nobody to really talk to and express
·3· ·stupid to me.· Your real brotherhood is only on the ·3· ·exactly what we're going through.
·4· ·football team." ·4· · · · Q.· ·Have you now told me everything that you
·5· · · · · · ·And as he said that, I wanted to say ·5· ·can recall about were related to the words that
·6· ·something to him, but Raimond Braithwaite was in the ·6· ·Coach Doyle would use regarding "Go back to the
·7· ·facil -- he was there at the time.· He looked at me, ·7· ·ghetto" or words to that effect?
·8· ·shook his head, because he knew what Doyle had said ·8· · · · A.· ·Yes.
·9· ·was not right. ·9· · · · Q.· ·Did Coach Doyle ever say anything to you
10· · · · · · ·There was nothing that I could have said 10· ·about your hair?
11· ·to him.· It was either I was going to get kicked out 11· · · · A.· ·Yes.· I remember one time, I had a part in
12· ·because he wouldn't care to hear what I had to say. 12· ·my hair.· He was just asking, like, "What is that?
13· ·But he said that.· That's what he said. 13· ·What is that in your hair?"
14· · · · Q.· ·Was there any other occasion that you say 14· · · · Q.· ·Anything else that he said about your
15· ·that Coach Doyle talked about gang affiliation or 15· ·hair?
16· ·what gang you are in or that you were a gang member, 16· · · · A.· ·I don't recall, but we had other players
17· ·other than the one you just told me about? 17· ·that had the -- white players on the team that had
18· · · · A.· ·I don't recall. 18· ·the mullet.· Like, they was happy to see those
19· · · · Q.· ·Did Coach Chris Doyle ever call you a 19· ·things.· But if any one of us comes in with our hair
20· ·stupid MF? 20· ·out, an afro, there was always a question, "Why is
21· · · · A.· ·Yes, but I don't recall. 21· ·he walking around like that?· That is not the Iowa
22· · · · Q.· ·Did Coach Doyle ever say words to the 22· ·culture."
23· ·effect of "Go back to the ghetto" or words like 23· · · · · · ·But if you have a part in your hair or
24· ·that? 24· ·anybody else -- any of my team -- black teammates
25· · · · A.· ·Yes. 25· ·have bushed hair -- I remember Derrick Mitchell. I

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·1· ·was in the deposition yesterday, and I heard Akrum ·1· ·Mr. Joly, did you also experience issues with your
·2· ·brought up the whole situation. ·2· ·hips?
·3· · · · · · ·I was in the house when Chris White ·3· · · · A.· ·No, I never had no hip issues.· I had back
·4· ·called -- made that call and the phone was on ·4· ·spasms.
·5· ·speaker, and we both heard the interaction about his ·5· · · · Q.· ·Any other injuries that you had during the
·6· ·hair not being the Iowa way because his hair was ·6· ·time that you were participating in the Iowa
·7· ·halfway braid and not fully braided. ·7· ·football program, other than the back spasms and the
·8· · · · Q.· ·Today as you're testifying, you would ·8· ·meniscus injury?
·9· ·agree, of course, that your hair is short? ·9· · · · A.· ·No.
10· · · · A.· ·My hair has always been short.· Yes. 10· · · · Q.· ·Were you ever threatened with losing your
11· · · · Q.· ·When you came to Iowa originally in 2014, 11· ·scholarship?
12· ·was it also short? 12· · · · A.· ·Threatened of losing my scholarship?· No.
13· · · · A.· ·Yes. 13· ·I don't recall.
14· · · · Q.· ·Was there ever a time when your hair was 14· · · · Q.· ·Did you participate in any political
15· ·long, Mr. Joly? 15· ·activities or rallies or events during the time that
16· · · · A.· ·No. 16· ·you were in the Iowa football program?
17· · · · Q.· ·Did Coach Doyle ever say anything to you 17· · · · A.· ·Can you repeat the question?
18· ·about your tattoos, if you recall? 18· · · · Q.· ·Yes.· Did you participate personally in
19· · · · A.· ·I can't recall. 19· ·any political rallies, events, or similar types of
20· · · · Q.· ·Did Coach Doyle ever say anything to you 20· ·things while you were in the Iowa football program?
21· ·about your clothing? 21· ·Did you go to any such things?
22· · · · A.· ·I can't recall. 22· · · · A.· ·No.
23· · · · Q.· ·Did Coach Doyle ever say anything to you 23· · · · Q.· ·Are you a political person?· Are you
24· ·about your jewelry? 24· ·someone who enjoys going to those kinds of things
25· · · · A.· ·I can't recall. 25· ·now?
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·1· · · · Q.· ·Did Coach Doyle ever say anything to you ·1· · · · A.· ·A little bit more now.
·2· ·about the way that you talk? ·2· · · · Q.· ·Did Coach Brian Ferentz ever say anything
·3· · · · A.· ·I can't recall. ·3· ·to you about political activities?
·4· · · · Q.· ·Did Coach Doyle ever say anything to you ·4· · · · A.· ·He said something to the team about it.
·5· ·about the way that you walk? ·5· · · · Q.· ·What do you recall Brian Ferentz said to
·6· · · · A.· ·I can't recall. ·6· ·the team?
·7· · · · Q.· ·Did Coach Doyle ever mock, make fun of ·7· · · · A.· ·I don't recall his exact words, but it
·8· ·you, or ridicule you about your hair? ·8· ·happened during the Colin Kaepernick, the whole
·9· · · · A.· ·I can't recall. ·9· ·kneeling.
10· · · · Q.· ·Did Coach Doyle ever mock, make fun of 10· · · · Q.· ·What do you recall generally, if you can,
11· ·you, or ridicule you about your tattoos? 11· ·what Brian Ferentz said?· If you recall.
12· · · · A.· ·I can't recall. 12· · · · A.· ·I don't recall.
13· · · · Q.· ·Did Coach Doyle ever mock, make fun of 13· · · · Q.· ·How about Coach Doyle?· Do you recall
14· ·you, or ridicule you about your clothing? 14· ·Coach Doyle saying anything about political
15· · · · A.· ·I can't recall. 15· ·activities or involvement?
16· · · · Q.· ·Did Coach Doyle ever mock, make fun of 16· · · · A.· ·My year of getting to the University of
17· ·you, or ridicule you about your jewelry? 17· ·Iowa, they had Donald Trump come on campus. I
18· · · · A.· ·I can't recall. 18· ·didn't feel like voicing my opinion about any
19· · · · Q.· ·Did Coach Doyle ever mock, make fun of 19· ·political party was, like, necessary.· When Donald
20· ·you, or ridicule you about the way that you talk? 20· ·Trump came on campus, it didn't get the confirmation
21· · · · A.· ·I can't recall. 21· ·from the rest of the team of providing him that
22· · · · Q.· ·Did Coach Doyle ever mock, make fun of 22· ·jersey on behalf of the whole team.· So when it came
23· ·you, or ridicule you about the way that you walk? 23· ·to politics and a lot of other things that we were
24· · · · A.· ·I can't recall. 24· ·going through, mostly just kept it to ourself.
25· · · · Q.· ·In addition to your meniscus injury, 25· · · · Q.· ·Were you prevented in any way from

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·1· ·expressing a political view that you wanted to ·1· · · · Q.· ·I'm sorry.· You said no?
·2· ·express?· If you know. ·2· · · · A.· ·No.· Yes.
·3· · · · A.· ·I don't know. ·3· · · · Q.· ·Were you part of any leadership group in
·4· · · · Q.· ·Did you ever hear Kirk Ferentz give any ·4· ·the Iowa football program?· Were you elected or
·5· ·instructions to Coach Doyle or Coach Brian Ferentz ·5· ·chosen to be on a leadership group?
·6· ·about how to treat African American players or ·6· · · · A.· ·No.
·7· ·participants in the Iowa football program?· Did you ·7· · · · Q.· ·Were you on any players council at any
·8· ·ever hear any such instructions? ·8· ·time?
·9· · · · A.· ·Repeat the question again. ·9· · · · A.· ·I don't recall.
10· · · · · · ·MR. STONE:· I'll ask the reporter to read 10· · · · Q.· ·Why don't you give us about five minutes
11· ·it back. 11· ·here, Mr. Joly.· We're going to go into the break
12· · · · · · ·(Record read as requested.) 12· ·room and visit and then we'll be back.· Thank you.
13· · · · A.· ·No. 13· · · · · · ·VIDEOGRAPHER:· Off the record at
14· · · · Q.· ·(By Mr. Stone) The same question as to 14· ·10:52 a.m.
15· ·Seth Wallace.· Did you ever hear Coach Kirk Ferentz 15· · · · · · ·(Recess taken from 10:52 to 11:04 a.m.)
16· ·give instructions to Coach Seth Wallace about how to 16· · · · · · ·VIDEOGRAPHER:· On the record at 11:04 a.m.
17· ·treat African American players in the football 17· · · · Q.· ·(By Mr. Stone) Thank you.· Mr. Joly, were
18· ·program? 18· ·you ever kicked out of a football practice or event
19· · · · A.· ·No. 19· ·or training by Coach Brian Ferentz, Coach Chris
20· · · · Q.· ·What social media do you use, Mr. Joly? 20· ·Doyle, or Coach Seth Wallace?
21· · · · A.· ·Facebook, Instagram, Twitter, and 21· · · · A.· ·Chris Doyle, yes.
22· ·Snapchat. 22· · · · Q.· ·What were the circumstances of that?
23· · · · Q.· ·What social media did you use at the time 23· · · · A.· ·I believe that was for coming -- waking up
24· ·that you participated in the Iowa football program, 24· ·late.
25· ·if you can recall? 25· · · · Q.· ·Can you give me any more specifics than
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·1· · · · A.· ·Facebook and Instagram. ·1· ·what you just told me?
·2· · · · Q.· ·Can you tell me what your names or titles ·2· · · · A.· ·That was one scenario.· One scenario is I
·3· ·were on the social media that you use? ·3· ·woke up late, went to session, and it was before --
·4· · · · A.· ·Twitter I believe is underscore ·4· ·it was before -- I was there later than I was
·5· ·__Haitianprince77.· Instagram is Haiti.· No. ·5· ·supposed to be for my workout.· He kicked me out.
·6· ·Marcel_ I believe 1804.· And on Facebook, it's just ·6· · · · · · ·Another scenario was -- I can't remember
·7· ·my name, Marcel Joly.· And on Snapchat, it's ·7· ·exactly when, but it was in the weight room lifting
·8· ·HaitianQ. ·8· ·weights, and I had the wrong weight on the bar.· It
·9· · · · Q.· ·Were you tested for drugs, Mr. Joly, ·9· ·was early in the morning.· I had the wrong weight on
10· ·during the time that you were in the Iowa football 10· ·the bar.
11· ·program? 11· · · · · · ·I'm explaining myself to him.· Just like
12· · · · A.· ·Yes. 12· ·he's always doing to all the black players, he'd
13· · · · Q.· ·Did you pass those tests?· Were there any 13· ·never allow us, give us the opportunity to express
14· ·problems? 14· ·ourselves, to really tell him what was wrong.
15· · · · A.· ·No. 15· ·Whatever Doyle saw was what he saw and he stuck with
16· · · · Q.· ·Were you targeted in a way that you were 16· ·that, and he ended up kicking me out of the workout
17· ·tested more often than other participants in the 17· ·for that same reason.
18· ·Iowa program, if you know? 18· · · · Q.· ·Were those the two times that you recall
19· · · · A.· ·I felt like it.· A lot of black players, 19· ·being kicked out of any practice or training or
20· ·we felt like we was on their list a lot of times 20· ·football event that you've already described to me?
21· ·more than the white players.· Some of us was being 21· · · · A.· ·Yes.
22· ·called at late night having to leave our home to 22· · · · Q.· ·Do you know when those events occurred?
23· ·come get a drug test. 23· ·Let's take the first one when you were late for the
24· · · · Q.· ·Did that happen to you individually? 24· ·session.
25· · · · A.· ·No. 25· · · · A.· ·My freshman year.

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·1· · · · Q.· ·So that would be in 2014? ·1· ·dumbass?
·2· · · · A.· ·Correct. ·2· · · · A.· ·I don't recall.
·3· · · · Q.· ·And then the next time was when you had ·3· · · · Q.· ·Besides calling Jonathan Parker a black
·4· ·the wrong weight on the bar that Coach Doyle saw. ·4· ·dumbass, have you heard Brian Ferentz call any other
·5· ·Do you know when that occurred? ·5· ·black player a black dumbass?
·6· · · · A.· ·I don't recall. ·6· · · · A.· ·Yes.· I remember a scenario.· It had
·7· · · · Q.· ·Was it -- is there any way you can help us ·7· ·happened I believe April 14th, 2016.· It happened on
·8· ·identify what year it occurred, Mr. Joly -- Joly? ·8· ·the game field.· VandeBerg -- Matt VandeBerg ran out
·9· · · · A.· ·I don't recall. ·9· ·for a route.· I believe it was an out route.· And
10· · · · Q.· ·Have you received any medical treatment or 10· ·Michael Ojemudia went in and made a play on
11· ·psychological treatment or seen any counselors or 11· ·VandeBerg.
12· ·incurred any expenses in connection with anything 12· · · · · · ·And Brian went on to really -- he just
13· ·related to the Iowa football program since you've 13· ·started screaming at him and calling him a black
14· ·left the Iowa program? 14· ·dumbass, "You stupid motherfucker.· Why would you do
15· · · · A.· ·No.· I spend a lot of time with myself. 15· ·that?"
16· · · · · · ·MR. STONE:· I think those are the only 16· · · · · · ·But the same thing happened a couple
17· ·questions that I have, Mr. Joly.· Thank you for your 17· ·months ago to my brother, Derrick Mitchell, where
18· ·testimony. 18· ·Desmond King came on the same play -- he was running
19· · · · · · ·MR. SOLOMON-SIMMONS:· If we can go off the 19· ·a swing route -- and went and hit him.· Nothing
20· ·record just for one moment. 20· ·happened.
21· · · · · · ·VIDEOGRAPHER:· Off the record at 21· · · · · · ·And Derrick Mitchell is a black player.
22· ·11:08 a.m. 22· ·VandeBerg is a white player.· When that happened to
23· · · · · · ·(Recess taken from 11:08 to 11:15 a.m.) 23· ·VandeBerg, the coaches stopped the practice.
24· · · · · · ·VIDEOGRAPHER:· On the record at 11:15 a.m. 24· ·Everybody was so mad at OJ.· Everybody else -- the
25· · · · · · ·(CONTINUED NEXT PAGE) 25· ·black players, we were happy that, you know, we saw
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·1· · · · · · · · · · · ·EXAMINATION ·1· ·a good play that OJ made.
·2· ·BY MR. SOLOMON-SIMMONS: ·2· · · · · · ·But to see how Brian Ferentz was just
·3· · · · Q.· ·Marcel, I just have a few questions for ·3· ·belittling him, disrespecting him, making him feel
·4· ·you.· I want to go back to your testimony regarding ·4· ·like he was nobody after making that play, and they
·5· ·the incident between Jonathan Parker and Brian ·5· ·was so quick to judge us or to correct us in front
·6· ·Ferentz.· You remember that testimony? ·6· ·of our teammates, which made it easier for them to
·7· · · · A.· ·Yes. ·7· ·just look at us and treat us a certain way also.
·8· · · · Q.· ·I believe you testified that -- you used ·8· · · · Q.· ·And when you say "we," who's the "we"
·9· ·the term that you guys were shocked.· I just wanted ·9· ·you're talking about?
10· ·to have clarity.· Were you shocked at -- what 10· · · · A.· ·The black players.
11· ·shocked you about that incident? 11· · · · Q.· ·And when you say "they judged us," who is
12· · · · A.· ·Just how Brian Ferentz was reacting, the 12· ·the "they" that you're talking about?
13· ·words that he was using.· He called JP a black 13· · · · A.· ·The white players.
14· ·dumbass or stupid motherfucker.· "Do you know who I 14· · · · Q.· ·Was Kirk Ferentz at that practice with --
15· ·am?· Get off my field."· That's how he would 15· ·what was the young man's name?· Brian?
16· ·honestly react in front of all of us. 16· · · · A.· ·Michael Ojemudia.
17· · · · Q.· ·And when he called JP a black dumbass, you 17· · · · Q.· ·Michael?
18· ·heard that with your own ears? 18· · · · A.· ·Yeah.
19· · · · A.· ·Yes. 19· · · · Q.· ·Was Kirk Ferentz at that practice when
20· · · · Q.· ·Was Brian Ferentz at that time -- was he 20· ·Brian Ferentz called Michael a black dumbass?
21· ·screaming? 21· · · · A.· ·Yes.
22· · · · A.· ·Yes.· He was shouting.· He was livid.· If 22· · · · Q.· ·How do you know Kirk Ferentz was at that
23· ·he could have put his hands on JP, he would. 23· ·practice?
24· · · · Q.· ·Do you recall if Kirk Ferentz was at that 24· · · · A.· ·Because Kirk Ferentz was trying to stop
25· ·practice when Brian Ferentz called JP a black 25· ·Brian Ferentz from getting out of pocket, and him

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·1· ·and Brian Ferentz ended up going back and forth.· At ·1· · · · Q.· ·You also testified earlier this morning
·2· ·that time, nobody really knew who was leading what. ·2· ·about Chris Doyle making a derogatory remark towards
·3· ·It literally just started going back and forth, ·3· ·your fraternity.· Do you recall that?
·4· ·right after Brian done belittled and cussed out, ·4· · · · A.· ·Yes.
·5· ·called OJ a black dumbass or "Stupid motherfucker, ·5· · · · Q.· ·What's the name of your fraternity?
·6· ·why would you do that?" ·6· · · · A.· ·Omega Psi Phi Fraternity, Incorporated.
·7· · · · Q.· ·What do you mean when you say that Brian ·7· · · · Q.· ·And is it a black fraternity?
·8· ·Ferentz was out of pocket?· Can you explain that to ·8· · · · A.· ·Yes.
·9· ·the jury? ·9· · · · Q.· ·And had you ever experienced or heard
10· · · · A.· ·Rephrase the question. 10· ·Chris Doyle make any derogatory remarks towards a
11· · · · Q.· ·You used the term -- you said that Brian 11· ·white fraternity?
12· ·Ferentz was out of pocket.· Can you explain what you 12· · · · A.· ·No.· He only said what he said because it
13· ·mean by "out of pocket"? 13· ·was a black fraternity.· And he knew it was a black
14· · · · A.· ·When I say "out of pocket," I mean how he 14· ·fraternity.· That's why he said what he said when he
15· ·was talking to Coach Ferentz.· The relationship that 15· ·said that "Your true brotherhood are on the football
16· ·we saw between them that day was like -- if it was 16· ·team."· He knew that Omega Psi Phi Fraternity was a
17· ·any other coach, they would have been fired, but 17· ·black fraternity.
18· ·because it was Brian Ferentz, which is Coach 18· · · · Q.· ·Were there other members of the Iowa --
19· ·Ferentz's son, he got a pass away with getting -- he 19· ·other black members of the Iowa football team that
20· ·got a pass to get away with what he said that night, 20· ·were part of black fraternities?
21· ·that day. 21· · · · A.· ·Yes.
22· · · · Q.· ·You used a term going back and forth. 22· · · · Q.· ·Do you recall other members of the Iowa
23· ·Just specifically, can you recall some of the things 23· ·football team that were in black fraternities having
24· ·you heard Brian Ferentz saying to the head coach, 24· ·similar interactions with Chris Doyle regarding
25· ·Kirk Ferentz? 25· ·their membership in the black fraternities?
Page 75 Page 77
·1· · · · A.· ·I don't recall the exact words that was ·1· · · · A.· ·I don't recall.
·2· ·said. ·2· · · · Q.· ·Mr. Stone asked you a series of -- some
·3· · · · Q.· ·Was he screaming at Kirk Ferentz? ·3· ·questions about some very specific language that was
·4· · · · A.· ·Yes. ·4· ·used specifically towards you.· Do you recall what
·5· · · · Q.· ·Was Brian Ferentz using profanity while he ·5· ·I'm talking about?
·6· ·was talking to his head coach, Kirk Ferentz? ·6· · · · A.· ·Yes.
·7· · · · A.· ·Yes. ·7· · · · Q.· ·I just want to make sure I'm clear and the
·8· · · · Q.· ·That's why you believe that if Brian ·8· ·record is clear.· As it relates to Chris Doyle, do
·9· ·Ferentz was not Kirk Ferentz's son, he would have ·9· ·you recall Chris Doyle calling black players, in
10· ·been terminated based upon his actions on that 10· ·your presence, a motherfucker?
11· ·particular day? 11· · · · A.· ·Yes.
12· · · · A.· ·Yes. 12· · · · Q.· ·Do you recall Chris Doyle, in your
13· · · · Q.· ·Do you believe that Brian Ferentz received 13· ·presence, calling black players a bitch?
14· ·preferential treatment from Kirk Ferentz because he 14· · · · A.· ·I don't recall.
15· ·was his son? 15· · · · Q.· ·Let me back up.· Do you recall Chris Doyle
16· · · · A.· ·Yes. 16· ·calling white players a motherfucker?
17· · · · Q.· ·How did that -- would you characterize the 17· · · · A.· ·I don't recall.
18· ·incident between Kirk Ferentz and his son, Brian 18· · · · Q.· ·Do you recall Chris Doyle calling black
19· ·Ferentz, as an argument? 19· ·players assholes?
20· · · · A.· ·Yes. 20· · · · A.· ·Yes.
21· · · · Q.· ·How did that particular argument resolve 21· · · · Q.· ·Do you recall Chris Doyle calling white
22· ·or conclude? 22· ·players assholes?
23· · · · A.· ·I don't recall exactly what happened to 23· · · · A.· ·No.
24· ·get everything to calm down.· Practice still 24· · · · Q.· ·Do you recall Chris Doyle calling black
25· ·proceeded.· But I don't recall how it ended up. 25· ·players dumbass?

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·1· · · · A.· ·Yes. ·1· · · · Q.· ·Did you ever have any Iowa professor call
·2· · · · Q.· ·Do you recall Chris Doyle calling white ·2· ·you a motherfucker?
·3· ·players dumbass? ·3· · · · A.· ·No.
·4· · · · A.· ·No. ·4· · · · Q.· ·Do you believe if an Iowa professor called
·5· · · · Q.· ·Do you recall Chris Doyle calling black ·5· ·you a motherfucker they would be terminated?
·6· ·players pussy? ·6· · · · A.· ·Yes.
·7· · · · A.· ·Yes. ·7· · · · Q.· ·Did you ever have an Iowa professor call
·8· · · · Q.· ·Do you recall Chris Doyle calling white ·8· ·you a pussy?
·9· ·players pussy? ·9· · · · A.· ·No.
10· · · · A.· ·No. 10· · · · Q.· ·Did you ever experience or witness an Iowa
11· · · · Q.· ·Can you explain to the jury, the judge and 11· ·professor call any group of black students a
12· ·the jury, how it made you feel as a young black man 12· ·motherfucker?
13· ·to see Chris Doyle, an adult white man with power 13· · · · A.· ·No.
14· ·over you, calling you things like motherfucker, 14· · · · Q.· ·Or a pussy?
15· ·bitch, pussy? 15· · · · A.· ·No.
16· · · · · · ·MR. STONE:· Objection.· This witness has 16· · · · Q.· ·Do you think the University of Iowa would
17· ·never said he was called those things by Coach 17· ·tolerate a professor calling students outside of the
18· ·Doyle.· In fact, he said otherwise. 18· ·football program those derogatory terms?
19· · · · Q.· ·(By Mr. Solomon-Simmons) I'll restate the 19· · · · A.· ·No.
20· ·question. 20· · · · Q.· ·Let's talk about Brian Ferentz, Coach
21· · · · · · ·Can you explain to the judge and the jury 21· ·Ferentz's son.· You heard him call black players
22· ·as a black young man seeing an adult white man who 22· ·motherfucker, right?
23· ·had power over your black teammates, calling them 23· · · · A.· ·Yes.
24· ·bitch, pussy, motherfucker, and other things like 24· · · · Q.· ·Did you ever hear Brian Ferentz call white
25· ·that? 25· ·players motherfucker?
Page 79 Page 81
·1· · · · A.· ·Yes.· I mean, Doyle understood his power. ·1· · · · A.· ·No.
·2· ·He knew what he can -- what he could and could not ·2· · · · Q.· ·Did you hear Brian Ferentz call black
·3· ·do.· So when he would use those words, to be honest, ·3· ·players bitch?
·4· ·it would tear me apart because there was nobody that ·4· · · · A.· ·I don't recall.
·5· ·you could go and talk to and say -- there's nobody ·5· · · · Q.· ·Did you ever hear Brian Ferentz call black
·6· ·to go and talk to to tell them what Doyle had ·6· ·players stupid?
·7· ·been -- had said. ·7· · · · A.· ·Yes.
·8· · · · · · ·You know, so when you hear it, it was just ·8· · · · Q.· ·Did you ever hear Brian Ferentz call white
·9· ·a matter of -- so we created -- we formulated a ·9· ·players stupid?
10· ·group chat, a couple black -- a couple of my black 10· · · · A.· ·No.
11· ·teammates:· Derrick Mitchell, Akrum, and I.· It's 11· · · · Q.· ·Did you ever hear Brian Ferentz call black
12· ·called COT.· Because that was a way of us voicing 12· ·players asshole?
13· ·our issues what we was going through, how the 13· · · · A.· ·Yes.
14· ·culture was talking to us and how we felt and the 14· · · · Q.· ·Did you ever hear Brian Ferentz call white
15· ·things that we was going through.· We didn't have 15· ·players asshole?
16· ·nobody else to go to to cope.· We coped amongst each 16· · · · A.· ·No.
17· ·other.· Because the coaches just left -- just made 17· · · · Q.· ·You already testified that you heard Brian
18· ·us feel so out of the program. 18· ·Ferentz call at least two black players black
19· · · · Q.· ·Just for clarity for the record just so 19· ·dumbass, correct?
20· ·it's clear, Chris Doyle has called you some form of 20· · · · A.· ·Correct.
21· ·motherfucker, correct? 21· · · · Q.· ·Did you ever hear Brian Ferentz call a
22· · · · A.· ·Yes, he has. 22· ·white player a white dumbass?
23· · · · Q.· ·And Chris Doyle has referred to you in 23· · · · A.· ·No.
24· ·some form or fashion as a pussy, correct? 24· · · · Q.· ·Did you ever hear Brian Ferentz call any
25· · · · A.· ·Yes. 25· ·black player a pussy?

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·1· · · · A.· ·Yes. ·1· ·where all the black players literally have to
·2· · · · Q.· ·Did you ever hear Brian Ferentz call a ·2· ·shelter themself or move in a way so we could not be
·3· ·white player a pussy? ·3· ·seen so we wouldn't get in trouble but competing to
·4· · · · A.· ·No. ·4· ·get on the field.· Because everything that we did
·5· · · · Q.· ·Based on your personal observations, was ·5· ·was always looked at as being wrong.
·6· ·Kirk Ferentz aware that Brian Ferentz talked to ·6· · · · Q.· ·I want to talk about Seth Wallace.· You
·7· ·black players in this manner that we just described ·7· ·testified that Seth Wallace cursed at you, called
·8· ·or you just testified to? ·8· ·you things like stupid motherfucker on the scout
·9· · · · A.· ·Yes.· I believe that Kirk Ferentz is aware ·9· ·team, correct?
10· ·of everything that goes on in the program. 10· · · · A.· ·Correct.
11· · · · Q.· ·And why do you believe that Kirk Ferentz 11· · · · Q.· ·Do you recall Seth Wallace ever cussing
12· ·is aware of how Brian Ferentz and Chris Doyle talked 12· ·out white players on the scout team?
13· ·to black players? 13· · · · A.· ·No.
14· · · · A.· ·Kirk Ferentz oftentimes worked out with 14· · · · Q.· ·Do you recall hearing Seth Wallace call
15· ·Chris Doyle.· After our workout, we would see them 15· ·black players asshole?
16· ·as we're going into our position room.· We would see 16· · · · A.· ·Yes.
17· ·him and Kirk Ferentz working out together.· I'm sure 17· · · · Q.· ·But you don't recall -- do you recall Seth
18· ·during that workout, he will voice anything that 18· ·Wallace calling white players asshole?
19· ·happened. 19· · · · A.· ·No.
20· · · · · · ·And the same with Brian Ferentz.· Brian 20· · · · Q.· ·Do you recall Seth Wallace calling black
21· ·Ferentz is Coach Ferentz's son.· We saw their 21· ·players a bitch?
22· ·interaction, how their relationship worked, so we 22· · · · A.· ·I don't recall.
23· ·knew that they talked.· Like, they knew exactly what 23· · · · Q.· ·What about, do you recall Seth Wallace
24· ·was going on. 24· ·calling black players, in your presence, a pussy?
25· · · · Q.· ·Were there occasions when you heard the 25· · · · A.· ·Not the word "pussy" itself, but the way
Page 83 Page 85
·1· ·type of language that you testified to coming from ·1· ·he was saying it and using the word "soft" came off
·2· ·Brian Ferentz and Chris Doyle that Kirk Ferentz was ·2· ·as if the player was pussy, the black player was
·3· ·present as the language was being used? ·3· ·pussy.
·4· · · · A.· ·Yes.· He may not have been on the same ·4· · · · · · ·It was Eric Grimm on the play.· He just
·5· ·exact field, but yes, he was exactly in that same ·5· ·couldn't run no more and he just didn't want to run.
·6· ·practice.· And, again, after each practice or after ·6· ·His knee was hurting, and he told him, and he
·7· ·each workout, Chris Doyle or Brian Ferentz, they ·7· ·literally just started -- like, started cussing him
·8· ·meet up together.· All the coaches meet up together ·8· ·out.
·9· ·and have these conversations. ·9· · · · Q.· ·What was the name of that player?
10· · · · Q.· ·Mr. Stone asked you -- he was trying to 10· · · · A.· ·Eric Grimm.
11· ·get you to pinpoint specific dates that specific 11· · · · Q.· ·Eric Grinton?
12· ·things occurred.· Do you recall that, those 12· · · · A.· ·Eric Grimm.
13· ·questions? 13· · · · Q.· ·Green?
14· · · · A.· ·Yes. 14· · · · A.· ·Grimm.
15· · · · Q.· ·You left the University of Iowa after the 15· · · · Q.· ·Okay.
16· ·2017 football season, correct? 16· · · · A.· ·G-r-i-m-m.
17· · · · A.· ·Correct. 17· · · · Q.· ·And that's a black player?
18· · · · Q.· ·Did you experience the type of verbal 18· · · · A.· ·Correct.
19· ·abuse that you testified to throughout your career 19· · · · Q.· ·You talked about -- you testified today
20· ·at the University of Iowa? 20· ·about being on the scout team and feeling like a
21· · · · A.· ·Yes. 21· ·tackling dummy.· Do you recall that testimony?
22· · · · Q.· ·So, in other words, it occurred -- would 22· · · · A.· ·Yes.
23· ·you say it occurred on a daily basis while you were 23· · · · Q.· ·Would you be in physical pain when you
24· ·at the University of Iowa? 24· ·were hit multiple times running the same play?
25· · · · A.· ·Yes.· It occurred every day to a point 25· · · · A.· ·Yes.

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·1· · · · Q.· ·And would you tell that to Coach Wallace, ·1· · · · Q.· ·This occurred after a football practice?
·2· ·"I'm in pain running the same play and the defense ·2· · · · A.· ·Correct.
·3· ·knows it.· I don't want to do this"? ·3· · · · Q.· ·You testified earlier this morning about
·4· · · · A.· ·Yes. ·4· ·the weight room, a discussion or a comment that
·5· · · · Q.· ·Is this something that happened on one ·5· ·Chris Doyle made about your hair.· Do you recall
·6· ·occasion or numerous occasions? ·6· ·some of that testimony?
·7· · · · A.· ·It happened more than one occasion. ·7· · · · A.· ·Yes.
·8· ·Again, I spent most my years on the scout team. ·8· · · · Q.· ·I think you also testified that white
·9· · · · Q.· ·I want to talk about discipline.· I asked ·9· ·players could wear a mullet and that would not be a
10· ·you some questions about discipline.· Did you 10· ·problem for the Iowa white football coaches; is that
11· ·witness black players being disciplined more harshly 11· ·correct?
12· ·than white players? 12· · · · A.· ·That is correct.
13· · · · A.· ·Yes.· Black players was always being 13· · · · Q.· ·Was there any -- do you recall white
14· ·punished harsher, and if there was LC hours, they 14· ·players being disciplined or talked to about any
15· ·would load us with a whole bunch of LC hours 15· ·hairstyle that a white player would wear during the
16· ·compared to white teammates that may have gotten in 16· ·Iowa football program?
17· ·trouble. 17· · · · A.· ·No.· No, I don't recall.· And if they did
18· · · · Q.· ·Can you -- I'm sorry.· Remember, for our 18· ·get like a mullet or something, they were glorified
19· ·judge and our jury, they don't know all the 19· ·rather than asking them why did they get their hair
20· ·acronyms.· What does LC stand for? 20· ·cut like that, "What's the reason?· Why did you get
21· · · · A.· ·Learning center.· Learning center.· Yeah, 21· ·your hair cut like that?"· They didn't get asked
22· ·learning center.· That's where all the athletes go 22· ·those questions even if they did have that hair cut
23· ·to for study hall. 23· ·like that.
24· · · · Q.· ·Okay.· So can you explain that again so 24· · · · Q.· ·Do you recall seeing or hearing --
25· ·now we know what you're talking about when you say 25· ·personally seeing black players being kicked out of
Page 87 Page 89
·1· ·"LC"? ·1· ·workouts because of how their hair was looking?
·2· · · · A.· ·Right.· So a lot of times, they would ·2· · · · A.· ·Personally, no.· The incident that
·3· ·load -- they would give us a lot of hours for -- LC ·3· ·happened with Derrick happened the workout before my
·4· ·hours.· There was a whole bunch of hours where we ·4· ·workout.· So yes.· I don't recall.
·5· ·have to spend most of our day or week in the LC ·5· · · · Q.· ·Okay.· How did the abuse that you endured
·6· ·trying to get hours even though we don't have no ·6· ·at the hands of the white football coaches at Iowa
·7· ·tutors to be seen, just sitting -- just sitting ·7· ·impact your scholastic studies or your academic
·8· ·there. ·8· ·studies?
·9· · · · · · ·Also, community service hours.· Our ·9· · · · A.· ·I knew my time was short.· A lot of my
10· ·community service hours was always a lot more.· All 10· ·teammates, black teammates, was getting kicked out
11· ·the black players, we always had more community 11· ·of the school or being sent home, so I knew my time
12· ·service hours than white players. 12· ·was short.· So, again, I built -- since a kid, I
13· · · · Q.· ·These community service hours, would you 13· ·told my mom -- all she ever wanted for me was for me
14· ·have to -- would this be like you have to do 14· ·to graduate from college coming from Haiti.
15· ·physical labor? 15· · · · · · ·I told her that I was going to do that for
16· · · · A.· ·Yes. 16· ·her.· So, again, I built that relationship with John
17· · · · Q.· ·Can you explain some of the physical labor 17· ·Bruno where we became real tight, and he was able to
18· ·that you had to do based upon community service 18· ·help put me in the right classes to be able to
19· ·hours? 19· ·graduate early.· But I was lost.
20· · · · A.· ·One that I recall was the Christmas trees. 20· · · · Q.· ·Do you still have -- do you still have --
21· ·Those trees was, honestly, pretty heavy, and we had 21· ·how are you impacted today by what you experienced
22· ·to lift them.· It happened right after football 22· ·at the University of Iowa?
23· ·practice also.· There was a couple of black team -- 23· · · · A.· ·When I came home, I was really lost.· Take
24· ·a couple of my black teammates, we literally just 24· ·a break, please.
25· ·had to put them in the back of the truck. 25· · · · · · ·MR. SOLOMON-SIMMONS:· You need a break?

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·1· · · · · · ·VIDEOGRAPHER:· Off the record at ·1· ·questions.
·2· ·11:39 a.m. ·2· · · · · · ·MR. STONE:· We have no questions.
·3· · · · · · ·(Recess taken from 11:39 to 11:44 a.m.) ·3· · · · · · ·VIDEOGRAPHER:· Off the record ending the
·4· · · · · · ·VIDEOGRAPHER:· On the record at 11:44 a.m. ·4· ·deposition at 11:47 a.m.
·5· · · · · · ·MR. SOLOMON-SIMMONS:· Court reporter, ·5· · · · · · ·MR. SOLOMON-SIMMONS:· I was going to say
·6· ·would you read me back my last question? ·6· ·on the record we'd read and sign.
·7· · · · · · ·(Record read as requested.) ·7· · · · · · ·(DEPOSITION CONCLUDED AT 11:47 A.M.)
·8· · · · Q.· ·(By Mr. Solomon-Simmons) Marcel, why did ·8
·9· ·you need to take a break when I asked you that ·9
10· ·question? 10
11· · · · A.· ·Because that was a question that I got 11
12· ·asked a lot when I came home, about what happened to 12
13· ·football, and that's a question I could never 13
14· ·answer, because I've always felt like I did 14
15· ·everything that I could to be part of the team. 15
16· · · · · · ·I had nobody to talk to.· Not being from 16
17· ·here, it's kind of hard to have, like, an open ear. 17
18· ·My people don't really understand, like, how much 18
19· ·football meant to me. 19
20· · · · · · ·Kirk Ferentz and Doyle really didn't 20
21· ·either.· They never really cared to, like, really 21
22· ·understand their players.· I'm speaking for a whole 22
23· ·bunch of other guys that's going through the same 23
24· ·thing right now.· They just use you for what you 24
25· ·have, and after that, they just let you be whoever 25
Page 91 Page 93
·1· ·you want to be and not try to help you get nowhere ·1· · · · · · · · ·CERTIFICATE OF REPORTER
·2· ·else. ·2· · · · I, the undersigned, a Certified Shorthand
·3· · · · Q.· ·And when you say you're speaking for a lot ·3· ·Reporter of the State of Iowa, do hereby certify
·4· ·that there came before me via Zoom videoconference
·4· ·of other guys, are you talking about black -- your
·5· ·at the time and date hereinbefore indicated, the
·5· ·black teammates?
·6· ·witness named on the caption sheet hereof, who was
·6· · · · A.· ·A lot of my black teammates.· I'm speaking
·7· ·by me duly sworn to testify to the truth of said
·7· ·about them.· We feel like we have something to prove
·8· ·witness's knowledge, that the witness was thereupon
·8· ·to the world.· Everything that we're doing, we feel
·9· ·examined under oath, the examination taken down by
·9· ·like somebody's watching us.
10· ·me in shorthand and later reduced to a transcript
10· · · · · · ·Even with me going into work, I was afraid
11· ·through the use of a computer-aided transcript
11· ·to show my tattoos because I was afraid that my
12· ·device under my supervision and direction, and that
12· ·manager and my coworkers may look at me funny 13· ·the deposition is a true record of the testimony
13· ·because of my tattoos, but in reality, there's other 14· ·given and of all objections interposed.
14· ·guys, white guys in the building, in the facility, 15· · · · I further certify that I am neither attorney or
15· ·with a whole bunch of tattoos. 16· ·counsel for, nor related to or employed by any of
16· · · · · · ·But when I came home, that was another -- 17· ·the parties to the action in which this deposition
17· ·I was being sheltered from those things because I 18· ·is taken, and further that I am not a relative or
18· ·didn't want to be seen as a bad guy.· So when I came 19· ·employee of any attorney or counsel employed by the
19· ·home, I was lost.· I had nobody to talk to. I spent 20· ·parties hereto or financially interested in the
20· ·a lot of time by myself.· I did a lot of hiking. I 21· ·action.
21· ·did a lot of different things to keep me away from 22· · · · Dated this 28th day of May, 2022.
22· ·football.· I didn't want to be no part of football 23
23· ·at all because of what I experienced at the 24· ·_________________________
24· ·University of Iowa. · · ·SONYA M. WRIGHT, RPR-CSR
25· · · · · · ·MR. SOLOMON-SIMMONS:· I have no further 25

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MARCEL JOLY· 05/19/2022 Page 94
Page 94
·1· · · · · · · · · · · ·MARCEL JOLY
·2· · · ·WADLEY, ET AL. v. UNIVERSITY OF IOWA, ET AL.
·3· · · · · · · · · · · May 19, 2022.
·4· · · · · · · · · ·WITNESS ERRATA SHEET
·5· ·Indicate changes you want to make below, including
· · ·page number, line number, the text as shown in the
·7· ·Smith to Smythe, incorrect spelling.
·8· ·Page Line· ·Change what to what· · · Reason
· · ·____________________________________________________
·9
10
11
12
13
14
15
16· ·I have read my examination under oath and have noted
· · ·any changes I wish to make to it above.· Signed and
17· ·dated this ____ day of _________, 2022.
18
· · ·_____________________
19· ·WITNESS SIGNATURE
20
21· ·I witness the above signature on the ____ day of
22· ·_________, 2022.
23
· · ·_____________________
24· ·NOTARY PUBLIC· · · · ·My commission expires _______.
25

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·3· ·- - - - - - - - - - - - - - - -
·5· ·and JAVON FOY,· · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
·6· · · · · ·Plaintiffs,· · · · · ·:
· · ·vs.· · · · · · · · · · · · · ·: Case No.
·7· · · · · · · · · · · · · · · · ·: 4:20-cv-00366
· · · · · · · · · · · · · · · · · ·:
· · ·REGENTS FOR THE STATE OF IOWA;:
·9· ·BRIAN FERENTZ; and CHRISTOPHER:
· · ·DOYLE,· · · · · · · · · · · · :
10· · · · · · · · · · · · · · · · ·:
· · · · · · ·Defendants.· · · · · ·:
11· ·- - - - - - - - - - - - - - - -
12
13
14
15
16· · · ·VIDEO-RECORDED DEPOSITION OF BRANDON SIMON,
19· ·Iowa, commencing at 9:02 a.m., Monday, June 20,
20· ·2022.
21
22
23
24

Doyle Appx. 399
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BRANDON SIMON· 06/20/2022 Pages 2..5
Page 2 Page 4
·1· · · · · · · · · A P P E A R A N C E S ·1· · · · · · · · · P R O C E E D I N G S
·2· ·For the Plaintiffs (via Zoom):
· · · · · BEATRIZ MATE-KODJO, ESQ. ·2· · · · · · ·THE VIDEOGRAPHER:· We are on the record.
·3· · · · BMK LAW FIRM PLLC ·3· ·Today's date is June 20th, 2022.· The time on the
· · · · · 1910 Washington Street, Suite 100
·4· · · · Pella, Iowa 50219 ·4· ·video monitor is approximately 9:01 Central Time in
·5· · · · DAMARIO SOLOMON-SIMMONS, ESQ. ·5· ·the video deposition of Brandon Simon requested by
·6· · · · SOLOMON SIMMONS LAW ·6· ·the defense in Akrum Wadley, et al., plaintiffs,
· · · · · 601 South Boulder Avenue, Suite 600-A ·7· ·versus University of Iowa, et al., defendants, in
·8· ·For Defendant Ferentz (via Zoom): ·8· ·the United States District Court for the Southern
· · · · · ROGER W. STONE, ESQ. ·9· ·District of Iowa, Central Division, Case
·9· · · · SIMMONS PERRINE MOYER BERGMAN PLC
· · · · · 115 Third Street Southeast, Suite 1200 10· ·No. 4:20-cv-00366.· This video deposition is being
10· · · · Cedar Rapids, Iowa 52401
11· ·For the Defendants (via Zoom):
11· ·held by Zoom videoconference in multiple locations.
· · · · · JEFFREY C. PETERZALEK, ESQ. 12· · · · · · ·My name is Dennis Goering, certified legal
12· · · · CHRISTOPHER DEIST, ESQ.
13· ·videographer on behalf of Fidelity Video Services of
13· · · · 1305 East Walnut Street, Second Floor 14· ·West Des Moines.
· · · · · Des Moines, Iowa 50319
14
15· · · · · · ·Would counsel please voice identify
15· ·The Witness (via Zoom): 16· ·themselves and state whom they represent.
· · · · · BRANDON SIMON
16
17· · · · · · ·MS. HECKENKEMPER:· Kymberli Heckenkemper
17· ·Videographer (via Zoom): 18· ·for the plaintiffs.
· · · · · DENNIS H. GOERING, LEGAL EAGLES
18
19· · · · · · ·MR. STONE:· Roger Stone for the
19· ·Also present (via Zoom): 20· ·defendants.
· · · · · JAVON FOY, Plaintiff
20· · · · MARCEL JOLY, Plaintiff
21· · · · · · ·THE VIDEOGRAPHER:· Okay.· The oath will be
· · · · · KIRK FERENTZ, University representative 22· ·administered by Jessi Lass, certified shorthand
21· · · · CHRISTOPHER DOYLE, Defendant
23 24· ·Iowa.· Would the court reporter please swear in the
24
25 25· ·witness.
Page 3 Page 5
·1· · · · · · T A B L E· ·O F· ·C O N T E N T S ·1· · · · · · · · · · · BRANDON SIMON,
·2· ·WITNESS:· BRANDON SIMON· · · · · · · · · · · · ·PAGE
·2· ·a Plaintiff, being first duly sworn by the certified
·4
·3· ·shorthand reporter, testified under oath as follows:
·5· ·EXHIBITS· · · · · · · · · · · · · · · · · PAGE FIRST ·4· · · · · · · · · · · ·EXAMINATION
· · · · · · · · · · · · · · · · · · · · · · · ·REFERENCED ·5· ·BY MR. STONE:
·6· ·84· - Plaintiff Simon's amended objections and ...12 ·6· · · · Q.· ·Please state your name for the record.
· · · · · answers to Defendants' first
·7· · · · A.· ·Brandon Simon.
·7· · · · interrogatories
·8· ·CERTIFICATE OF REPORTER..........................100
·8· · · · Q.· ·Have you had your deposition taken before,
·9 ·9· ·Mr. Simon?
10· ·Reporter's Note: The original exhibits were digital 10· · · · A.· ·No, I have not.
· · ·and were marked by counsel prior to the deposition. 11· · · · Q.· ·If you don't understand my questions or
11
12· ·you don't hear me, will you please ask me to repeat
· · ·(ph) indicates a phonetic spelling.
12· ·[sic] indicates the text is as stated.
13· ·it or rephrase it?
· · ·Quoted text is as stated by the speaker. 14· · · · A.· ·Yes, sir.
13 15· · · · Q.· ·I'm going to assume if you answer a
14 16· ·question that it's to a question that you both heard
15
17· ·and you understood.· Is that a fair assumption for
16
17
18· ·today's deposition?
18 19· · · · A.· ·Yes, it is.
19 20· · · · Q.· ·If you'd like to take a break, you may
20 21· ·certainly do so.· We ask only that you finish an
21
22· ·answer if there's a question pending or if I've
22
23
23· ·started a question.· Can we abide by that?
24 24· · · · A.· ·Yes, I can.
25 25· · · · Q.· ·Do you have any health issues or are you

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·1· ·taking any medication that would make it difficult ·1· · · · A.· ·Competition with other schools started. I
·2· ·for you to give full and complete answers today? ·2· ·was a redshirt freshman.
·3· · · · A.· ·No, I'm not. ·3· · · · Q.· ·This was a year that you were a freshman?
·4· · · · Q.· ·Did you prepare for today's deposition? ·4· · · · A.· ·Yes.
·5· · · · A.· ·Yes, I did. ·5· · · · Q.· ·You were a redshirt at the time?
·6· · · · Q.· ·Did you review documents? ·6· · · · A.· ·Yes.
·7· · · · A.· ·Yes, I did. ·7· · · · Q.· ·And that would have been what year,
·8· · · · Q.· ·Did you review the complaint or the first ·8· ·Mr. Simon?
·9· ·amended complaint?· Do you know? ·9· · · · A.· ·2016.
10· · · · A.· ·Yes, I did. 10· · · · Q.· ·You were a redshirt in 2016?
11· · · · Q.· ·Did you review your interrogatory answers? 11· · · · A.· ·Yes.
12· · · · A.· ·Yes. 12· · · · Q.· ·And then you competed for positions in
13· · · · Q.· ·Did you review other documents? 13· ·Iowa during 2017 and 2018; is that right?
14· · · · A.· ·Yes. 14· · · · A.· ·Correct.
15· · · · Q.· ·What else did you do to prepare?· And I'm 15· · · · Q.· ·Were you asked whether you had seen your
16· ·not interested whether you talked to any lawyers who 16· ·roommate?
17· ·represent the plaintiffs, but what else did you do 17· · · · A.· ·Yes.· Yes, I asked -- Coach Doyle asked if
18· ·personally to prepare, if anything? 18· ·I knew where my roommate was, Cedrick Lattimore.
19· · · · A.· ·Just had a good night rest -- good night 19· · · · Q.· ·And did you tell Coach Doyle that, no,
20· ·rest of sleep. 20· ·that you'd been at your girlfriend's house?
21· · · · · · ·(Discussion off the record.) 21· · · · A.· ·Yes.
22· · · · Q.· ·(By Mr. Stone)· Where are you located 22· · · · Q.· ·What did Coach Doyle say back to you?
23· ·today, Mr. Simon? 23· · · · A.· ·He mocked the way I said -- he mocked the
24· · · · A.· ·The state of New Jersey. 24· ·dialogue.· He turned his hat to the side, kind of
25· · · · Q.· ·Is anyone else present in the room with 25· ·sagged his pants, and kind of made an ineloquent
Page 7 Page 9
·1· ·you? ·1· ·kind of response to my response.· He mocked -- he
·2· · · · A.· ·No, they're not. ·2· ·mocked me in an ineloquent way.
·3· · · · Q.· ·Are you in communication with anyone by ·3· · · · Q.· ·Did he say back to you that you were at
·4· ·another computer or a telephone or text messages or ·4· ·your girlfriend's house?
·5· ·anything like that? ·5· · · · A.· ·Yeah.· He kind of -- he was like --
·6· · · · A.· ·No, I'm not. ·6· ·because we were huddled up, kind of, about to begin
·7· · · · Q.· ·Are there any documents or notes available ·7· ·our session, as we always did.· Coach Doyle, you
·8· ·to you to help review or to help answer the ·8· ·know, he gave a -- kind of a -- you know, the
·9· ·questions that you have in front of you? ·9· ·guidelines of the workout and a speech, you know,
10· · · · A.· ·No. 10· ·kind of motivational speech.· And, you know, he
11· · · · Q.· ·Do you recall a time in the weight room at 11· ·asked me where Cedrick Lattimore was in front of
12· ·Iowa when your roommate did not show up for a 12· ·everybody, and when I replied I don't know the
13· ·lifting session and you were asked where your 13· ·appearance of Cedrick Lattimore, I don't know where
14· ·roommate was? 14· ·he was, he cocked his hat to the side and sagged his
15· · · · A.· ·Yes.· My roommate, Cedrick Lattimore, he 15· ·pants, and he was like, "I was at my girlfriend's
16· ·overslept that day.· I believe it was -- forget time 16· ·house" and kind of everybody kind of chuckled.
17· ·of the actual session, but it was a morning session 17· · · · · · ·But that's not the way I replied that
18· ·in the summer and -- yes. 18· ·question.· I didn't -- it wasn't -- I didn't have my
19· · · · Q.· ·The summer before a season started? 19· ·pants sagged or anything.· So it was kind of an
20· · · · A.· ·Yes, before the season started.· No, no, 20· ·exaggeration on -- an exaggeration and a mockery of
21· ·no.· It was actually during the season.· It was 21· ·what I conveyed to him.
22· ·during the season.· Pardon me. 22· · · · Q.· ·You had said to Coach Doyle that you had
23· · · · Q.· ·And by "season" do you mean -- had the 23· ·been at your girlfriend's house, and Coach Doyle
24· ·competition with other schools started or just 24· ·said back to you that you had been at your
25· ·football camp in August?· What do you mean? 25· ·girlfriend's house; correct?

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·1· · · · A.· ·He didn't say it like that, but he said it ·1· · · · Q.· ·And then we have another set of answers
·2· ·in a very kind of derogatory, negative tone. ·2· ·that are called the "Amended Objections and Answers
·3· · · · Q.· ·Those were the words that he said, that ·3· ·to Defendants' First Set of Interrogatories."· Were
·4· ·you had been at your girlfriend's house; correct? ·4· ·you involved in the preparation of those answers?
·5· · · · A.· ·With more expression than that, sir. ·5· · · · A.· ·Yes.
·6· · · · Q.· ·Okay. ·6· · · · Q.· ·And you reviewed them and signed them;
·7· · · · A.· ·Yes. ·7· ·correct?
·8· · · · Q.· ·Let me clarify.· Those are the words that ·8· · · · A.· ·Correct.
·9· ·Coach Doyle said, though; correct? ·9· · · · Q.· ·I want to put in front of you the second
10· · · · A.· ·Yes.· Correct. 10· ·set, the amended objections and answers that were
11· · · · Q.· ·And your testimony is that Coach Doyle had 11· ·served last Friday.
12· ·a hat on in the weight room? 12· · · · · · ·Can you see on your screen Exhibit 84?
13· · · · A.· ·It was in an indoor facility, so indoor 13· ·It's at the lower right-hand corner of the page,
14· ·turf. 14· ·Mr. Simon.
15· · · · Q.· ·And your testimony today is that he had a 15· · · · A.· ·Yes.
16· ·hat on? 16· · · · Q.· ·And let me turn first to the last page.
17· · · · A.· ·Yes. 17· ·Is that -- on page 17 is that your electronic
18· · · · Q.· ·What else did Coach Doyle say to you at 18· ·signature that verifies the answers?
19· ·that time when Cedrick Lattimore hadn't showed for 19· · · · A.· ·Yes, it is.
20· ·the weightlifting session? 20· · · · Q.· ·I want to turn your attention to
21· · · · A.· ·Kind of reprimanded me on not staying in 21· ·Interrogatory No. 2 first.· And why don't you just
22· ·my dorms that night.· He was like, "You should be 22· ·take a minute and read it, first, the question and
23· ·staying in the dorms."· That was -- that was about 23· ·then the answer, and tell me when to scroll down
24· ·it. 24· ·Mr. Simon.
25· · · · Q.· ·Have you now told me everything that Coach 25· · · · A.· ·"Identify all persons known to you" --
Page 11 Page 13
·1· ·Doyle said to you involving Cedrick Lattimore's not ·1· · · · Q.· ·Well, if you'll just read it to yourself
·2· ·appearing at the weightlifting session in the ·2· ·just to familiarize yourself with it.· You don't
·3· ·facility? ·3· ·need to read it aloud.· We'll have it in the record.
·4· · · · A.· ·Yes. ·4· ·Thank you.· I just want you to be aware of what was
·5· · · · Q.· ·Mr. Simon, did you look at two sets of ·5· ·said.
·6· ·answers to interrogatories that have been served on ·6· · · · A.· ·Yes, I'm familiar with this.
·7· ·your behalf?· One was signed and one was unsigned. ·7· · · · Q.· ·And then let me show you the full answer
·8· · · · A.· ·Yes. ·8· ·so that you have it before you.· There's the answer
·9· · · · Q.· ·The ones that were unsigned by you were ·9· ·on page 3.· Are you familiar with that answer?
10· ·first served on us last September, about 10· · · · A.· ·Yes.
11· ·September 30th of 2021.· Were you involved in the 11· · · · Q.· ·And then there's a little bit over on
12· ·preparation of those answers that were served about 12· ·page 4.· Take a minute, if you want, and familiarize
13· ·10 months ago? 13· ·yourself with the full answer in No. 2.· And I'll
14· · · · A.· ·Yes. 14· ·have some questions about it.
15· · · · Q.· ·And what involvement did you have?· Did 15· · · · A.· ·(Witness complies.)
16· ·you provide the information that was used in those 16· · · · · · ·I see.
17· ·answers? 17· · · · Q.· ·Now, Mr. Simon, who was the coach who was
18· · · · A.· ·Yes. 18· ·primarily involved in your recruitment, if you can
19· · · · Q.· ·Did you believe those answers were true 19· ·recall?
20· ·and correct at the time they were served? 20· · · · A.· ·Coach Chris White.· He covered kind of New
21· · · · A.· ·Yes. 21· ·Jersey -- New Jersey, East Coast area.
22· · · · Q.· ·And did you review them, if you know, 22· · · · Q.· ·We're having a little trouble hearing you,
23· ·before they were served in about September 30th on 23· ·Mr. Simon.· I'll turn up my sound, but if you
24· ·2021? 24· ·could --
25· · · · A.· ·Yes. 25· · · · A.· ·Coach Chris White.· He covered the East

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·1· ·Coast area, New Jersey, Tri-State. ·1· · · · · · ·Can you tell me which of the people that
·2· · · · Q.· ·And then when you came to Iowa, you were a ·2· ·are identified you informed of your allegations
·3· ·defensive lineman; correct? ·3· ·against Coach Doyle and which ones personally
·4· · · · A.· ·Defensive end, yes, sir. ·4· ·witnessed it?
·5· · · · Q.· ·And who was your position coach originally ·5· · · · A.· ·Everybody listed that you -- Coach Morgan,
·6· ·at Iowa? ·6· ·the -- well, defensive staff could -- you know,
·7· · · · A.· ·Coach Reese Morgan and then Coach Kelvin ·7· ·willingly could testify and support what I -- my
·8· ·Bell was D-end coach. ·8· ·claims.
·9· · · · Q.· ·What years was Reese Morgan your position ·9· · · · Q.· ·Mr. Simon, I'm trying to distinguish
10· ·coach? 10· ·between those who you say you informed and those
11· · · · A.· ·2016 to twenty -- to the time I left. 11· ·that witnessed it.· Can you help me understand who
12· · · · Q.· ·And how about Coach Kelvin Bell?· What 12· ·you say --
13· ·was -- what did he coach?· What position? 13· · · · A.· ·They're one and the same.· They're one and
14· · · · A.· ·I just stated, defensive ends. 14· ·the same.
15· · · · Q.· ·Okay.· Did Coach -- 15· · · · Q.· ·So you -- you're saying that everybody
16· · · · · · ·REPORTER:· I'm sorry.· Can we go off the 16· ·that's listed in the answer to No. 2 both were told
17· ·record for a second? 17· ·by you, but they also personally witnessed it.
18· · · · · · ·MR. STONE:· Yes. 18· ·That's your testimony?
19· · · · · · ·(Discussion off the record.) 19· · · · A.· ·Yes, sir.
20· · · · · · ·THE VIDEOGRAPHER:· Back on the record at 20· · · · Q.· ·You say in your answer that Coaches
21· ·9:15. 21· ·Parker, Morgan, and Bell told you that their hands
22· · · · Q.· ·(By Mr. Stone)· Mr. Simon, what was the 22· ·were tied with respect to what you reported to them.
23· ·authority between Reese Morgan and Kelvin Bell, if 23· ·What do you mean by that, Mr. Simon?
24· ·you know?· Who was whose supervisor or who was the 24· · · · A.· ·My interpretation?· You know, nothing was
25· ·primary coach between those two? 25· ·kind of expanded.· They didn't expand on the hand --
Page 15 Page 17
·1· · · · · · ·MS. HECKENKEMPER:· Object to form. ·1· ·"my hands are tied," but when I -- when somebody
·2· · · · Q.· ·(By Mr. Stone)· Well, let me reask the ·2· ·says their hands are tied, they can't do anything
·3· ·question, Mr. Simon.· Tell me what's your ·3· ·for me in my aid.· So that is what I interpreted.
·4· ·understandings of the duties and responsibilities ·4· · · · Q.· ·Did they tell you that they were not going
·5· ·were of Coach Reese Morgan and also Coach Kelvin ·5· ·to report your complaints to anyone else?
·6· ·Bell. ·6· · · · A.· ·I don't -- they didn't specify of
·7· · · · A.· ·They were defensive line, sir.· They ·7· ·reporting it, but, you know, it's -- they're on the
·8· ·coached -- or they recruited different areas. I ·8· ·staff.· So I'm assuming, you know, there were talks
·9· ·think Coach Morgan recruited Iowa, and then Coach ·9· ·amongst the staff regarding my position on the team.
10· ·Kelvin Bell was -- when I got there, he was -- he 10· · · · Q.· ·Well, that's what I'm trying to ask you
11· ·was the recruiting coordinator there for some time, 11· ·about, Mr. Simon.· What did you understand that
12· ·and then he got the assistant D-line coach -- 12· ·Coach Parker, Morgan, and Bell were communicating to
13· ·coaching job, and he coached the defensive ends. 13· ·you as to what they were going to do?
14· ·Coach Morgan was the head defensive line coach 14· · · · A.· ·Specifically my junior year I was
15· ·throughout my tenure there. 15· ·practicing with the two-deep, and I was not
16· · · · Q.· ·And what was Coach Phil Parker's role and 16· ·traveling, barely dressed for home games, and when
17· ·duties, if you know? 17· ·asked -- when I questioned Coach Reese Morgan and
18· · · · A.· ·He was the defensive coordinator coach. 18· ·Kelvin Bell why, you know, why is this -- why is
19· · · · Q.· ·In the answer to Interrogatory No. 2 in 19· ·this happening -- usually when you're practicing
20· ·the amended answers, following Coach Parker's name, 20· ·with the two-deep, you can travel and whatnot -- and
21· ·it says, "With respect to these individuals, each 21· ·they told me that, you know, their hands are tied
22· ·one either was informed by Plaintiff Simon that 22· ·upstairs, they said.· You know, upstairs.· You know,
23· ·Defendant Doyle treated him in a racially 23· ·I can read between the lines, just -- you know,
24· ·discriminatory manner and harassed Plaintiff Simon 24· ·upstairs and downstairs is what they -- is what they
25· ·or personally witnessed it." 25· ·said.· So they didn't specify names.· They said

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·1· ·upstairs and downstairs.· So head coach, and ·1· · · · A.· ·In my humble opinion, I don't necessarily
·2· ·downstairs is Coach Chris Doyle, who we lift with. ·2· ·like to say anybody's necessarily better.· Yes,
·3· · · · Q.· ·I'm sorry.· Can you help me understand ·3· ·there were things that they did better, but can't
·4· ·your answer.· You're saying that upstairs is Coach ·4· ·say -- I mean, my answer to that question:· I never
·5· ·Kirk Ferentz; is that right? ·5· ·got the chance to openly kind of prove myself out
·6· · · · A.· ·Yes, the head coach. ·6· ·there under the big lights, big stage.· Can't answer
·7· · · · Q.· ·And downstairs, in your view, is -- ·7· ·that question for you, sir.
·8· ·includes Coach Doyle? ·8· · · · Q.· ·(By Mr. Stone)· Well, can you tell me if
·9· · · · A.· ·Yes. ·9· ·you were better than any one of the players that I
10· · · · Q.· ·And he's the strength coach; correct? 10· ·listed?
11· · · · A.· ·Yeah, strength coach. 11· · · · A.· ·That would be the same answer to the
12· · · · Q.· ·Okay.· All right.· Let me ask you about 12· ·question you just asked, sir.
13· ·that.· You played for Iowa on the defensive line at 13· · · · Q.· ·Who decided if you traveled with the team
14· ·times when there were very good players.· You would 14· ·when it went to away games?
15· ·agree with that; correct? 15· · · · A.· ·I can't answer that question either, sir.
16· · · · A.· ·Oh, most definitely. 16· · · · Q.· ·Who decided if you dressed for home games?
17· · · · Q.· ·Running through a few of the names, Matt 17· · · · A.· ·Coach Ferentz.
18· ·Nelson, Anthony Nelson, Parker Hesse, Jaleel 18· · · · Q.· ·Who decided if you played in home games or
19· ·Johnson, Nathan Bazata, AJ Epenesa, Cedrick 19· ·played in the travel games?
20· ·Lattimore, Chauncey Golston.· You recognize all 20· · · · A.· ·Coach Ferentz.
21· ·those names as people that played at the times that 21· · · · Q.· ·By "Coach Ferentz," you mean Coach Kirk
22· ·you did? 22· ·Ferentz?
23· · · · A.· ·Yes. 23· · · · A.· ·Yes.
24· · · · Q.· ·And they're all professional players 24· · · · Q.· ·What role did Brian Ferentz have in the
25· ·today; right? 25· ·decision-making on whether you traveled or dressed
Page 19 Page 21
·1· · · · A.· ·Yes.· Most of them. ·1· ·or played?
·2· · · · Q.· ·Did you ever have a chance to try out for ·2· · · · A.· ·I'm not behind the scenes.· I don't -- I
·3· ·the NFL, Mr. Simon? ·3· ·don't know what roles or any roles Coach Brian
·4· · · · A.· ·No. ·4· ·Ferentz ...
·5· · · · Q.· ·Did you make any such attempt at -- for ·5· · · · Q.· ·Well, as you sit here today, you cannot
·6· ·playing professional football at any level? ·6· ·testify that Brian Ferentz had any decision-making
·7· · · · A.· ·No. ·7· ·role in whether you traveled, dressed, or played,
·8· · · · Q.· ·And then did you also play with Sam ·8· ·did he?
·9· ·Brincks, Brady Reiff, Dallas Jacobson, and Garret ·9· · · · A.· ·No.
10· ·Jansen? 10· · · · Q.· ·What role did Coach Chris Doyle have on
11· · · · A.· ·Yes. 11· ·whether you traveled?
12· · · · Q.· ·Was Tyler Linderbaum also a freshman 12· · · · A.· ·He had a role.
13· ·defensive lineman the year he joined the team? 13· · · · Q.· ·How do you know?
14· · · · A.· ·Yes, he was. 14· · · · A.· ·He's our head strength coach.
15· · · · Q.· ·And he's now first-round draft choice in 15· · · · Q.· ·How do you know he had any role in the
16· ·the NFL; correct? 16· ·decision of whether you traveled with the team to
17· · · · A.· ·Yes, he is. 17· ·away games?
18· · · · Q.· ·Now, were you better than these players? 18· · · · A.· ·Because he had higher authority, like, you
19· · · · A.· ·Relevance? 19· ·know, next -- next command, you know.· It's
20· · · · Q.· ·I'm sorry? 20· ·military, you know, sergeant, lieutenant.· Coach
21· · · · A.· ·Relevance to which -- what are you getting 21· ·Doyle was the -- you know, the lieutenant.
22· ·at with this question? 22· · · · Q.· ·Did anybody ever tell you that you did not
23· · · · Q.· ·Do you understand -- 23· ·travel because of something that Coach Doyle had
24· · · · · · ·MS. HECKENKEMPER:· Brandon, just answer 24· ·decided or said?
25· ·the question. 25· · · · A.· ·My -- what was that? -- redshirt sophomore

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·1· ·year, when I was struggling to make weight, they did ·1· · · · A.· ·No.· I weighed between 235 and 238, not
·2· ·specify that it was -- when -- and I wasn't dressing ·2· ·230.
·3· ·for home games that year.· They were specifying one ·3· · · · Q.· ·All right.· So you were somewhat
·4· ·of the reasons why I wasn't dressing for home games ·4· ·underneath your target weight, and at those times
·5· ·were -- was because of my weight issue, which is ·5· ·you were told you weren't being permitted to dress
·6· ·connected to, you know, Coach Christopher Doyas -- I ·6· ·for home games, because you were underneath your
·7· ·mean Doyle -- sorry -- Coach Christopher Doyle. ·7· ·target weight; is that a fair statement?
·8· ·So -- and he -- he categorizes or, you know, takes ·8· · · · A.· ·Yes.
·9· ·chart of the weight, and that's connected to the ·9· · · · Q.· ·What other reasons, if any, were told to
10· ·strength coach.· So ... 10· ·you about why you were not permitted to dress for
11· · · · Q.· ·So who told you that you weren't dressing 11· ·home games?
12· ·for home games because of your -- 12· · · · A.· ·I can't recall and I can't specify.
13· · · · A.· ·It was a list that came out every 13· · · · Q.· ·How about with respect to traveling with
14· ·Thursday. 14· ·the team to away games?· Were you told reasons why
15· · · · Q.· ·All right.· So a list came out on Thursday 15· ·you were not being told to travel with the team for
16· ·as to who was going to dress for home games; is that 16· ·away games?
17· ·true? 17· · · · A.· ·You're talking throughout my tenure at
18· · · · A.· ·Yes. 18· ·Iowa?
19· · · · Q.· ·And how did you learn from the list that 19· · · · Q.· ·Well, let's start --
20· ·you were not dressing for home games because of your 20· · · · A.· ·Or are you talking about the time --
21· ·weight issue? 21· ·redshirt -- my redshirt sophomore year?· You talking
22· · · · A.· ·My redshirt sophomore year I was told by 22· ·about that time period?· What time period are you
23· ·C. Doyle and Coach Ferentz that I -- you know, 23· ·talking about?
24· ·because I went on a long stint with being 24· · · · Q.· ·Well, let's start with the year that you
25· ·underweight, and they're really concerned about my 25· ·were a redshirt.· Were you a redshirt freshman?
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·1· ·weight.· And they specified that one of the reasons ·1· · · · A.· ·Yes, I was.
·2· ·why I wasn't dressing was because of my weight -- my ·2· · · · Q.· ·Okay.· Then during your redshirt freshman
·3· ·weight issues. ·3· ·year, what year or what season was that?
·4· · · · Q.· ·Did they tell you any other reasons why ·4· · · · A.· ·Redshirt freshman, that was 2016-2017.
·5· ·you weren't dressing for home games? ·5· · · · Q.· ·Okay.· So you weren't going to travel as a
·6· · · · A.· ·Not that I can recall, sir. ·6· ·redshirt freshman.· You knew that; correct?
·7· · · · Q.· ·What was your target weight?· Do you ·7· · · · A.· ·Yes, sir.
·8· ·remember? ·8· · · · Q.· ·Okay.· And the reason is that you couldn't
·9· · · · A.· ·At that time it was about 240. ·9· ·play if you traveled, and there wasn't a reason for
10· · · · Q.· ·And what was the weight that you were at 10· ·you to travel, because you're a redshirt; correct?
11· ·at the time that your target was 240 pounds? 11· · · · A.· ·Yes.
12· · · · A.· ·It fluctuated between 235, 230 -- 235, 12· · · · Q.· ·And then what was the next season that you
13· ·238ish. 13· ·participated?
14· · · · Q.· ·Did anyone tell you any other reason 14· · · · A.· ·My redshirt sophomore year.
15· ·besides -- 15· · · · Q.· ·You were redshirted for two years?
16· · · · A.· ·It might have been heavier.· It might have 16· · · · A.· ·My -- my freshman year I redshirted, and
17· ·been like 243.· It might have been a little -- a few 17· ·then I had a redshirt freshman year.· I was a
18· ·pounds heavier than 240. 18· ·redshirt freshman.· Then I was --
19· · · · Q.· ·Let me go back and see if I can clarify 19· · · · Q.· ·Then how about your sophomore year?
20· ·the record.· As you sit here today, you recall that 20· · · · A.· ·-- sophomore --
21· ·your target weight may have been about 243 pounds? 21· · · · Q.· ·I'm sorry?
22· · · · A.· ·Between 240 and 243, yes. 22· · · · A.· ·Those two years minus the first year I got
23· · · · Q.· ·Okay.· And at the time your target weight 23· ·there, 2016.· So '17-'18, '18-'19, that's -- those
24· ·was in that range of 240 to 243 pounds, you weighed 24· ·years particularly it was either weight or "Our
25· ·approximately 230 to 235 pounds? 25· ·hands are tied upstairs/downstairs."

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·1· · · · Q.· ·Well, let's talk about the 2017 season. ·1· · · · A.· ·Sam Brinks and Chauncey -- Chauncey -- Sam
·2· ·You were eligible to compete in games during the ·2· ·Brinks, AJ Epenesa, Chauncey Golston.
·3· ·fall of 2017; correct? ·3· · · · Q.· ·That was in the year 2017?
·4· · · · A.· ·Yes. ·4· · · · A.· ·2017.· 2017-2018 season.
·5· · · · Q.· ·And you did not travel with the team; ·5· · · · Q.· ·Are any of those five players African
·6· ·correct? ·6· ·American?
·7· · · · A.· ·I did not. ·7· · · · A.· ·No.· I mean, AJ Epenesa is -- no --
·8· · · · Q.· ·And were you told that you did not travel ·8· ·Chauncey Golston is African American.· AJ Epenesa is
·9· ·with the team because you were not making weight ·9· ·Polynesian.· So yes, one.· One was.
10· ·during the season of 2017? 10· · · · Q.· ·Both those names are currently playing
11· · · · A.· ·Yes.· That season 2017 I was -- 11· ·professional football in the NFL; correct?
12· ·actually -- so prior to going into the season camp, 12· · · · A.· ·Yes, they are.
13· ·I was -- about a week and a half, I was withheld 13· · · · Q.· ·And you're not here to tell us that you
14· ·from practice because of my weight. 14· ·considered yourself a better player than
15· · · · Q.· ·Fair to say that the coaching staff wanted 15· ·Mr. Golston, Mr. Epenesa, Parker Hesse, Anthony
16· ·you to make your target weight; correct? 16· ·Nelson, or Sam Brinks, are you, sir?
17· · · · A.· ·Yes, definitely. 17· · · · · · ·MS. HECKENKEMPER:· Object to form.
18· · · · Q.· ·Do you know whether your target weight 18· · · · Q.· ·(By Mr. Stone)· Go ahead and answer the
19· ·was -- how it compared to the target weights of 19· ·question.
20· ·other defensive linemen for other Big 10 teams? 20· · · · A.· ·There was some things they did better, and
21· · · · A.· ·Yeah, I have a fair assessment. 21· ·in my opinion, there was some things I did better.
22· · · · Q.· ·I mean, it's fair to say that you would 22· · · · Q.· ·How about in Coach Phil Parker's opinion?
23· ·have still been the smallest weight lineman in the 23· ·Are there things that caused him to prefer you to
24· ·Big 10 if you had made your target weight, wouldn't 24· ·play as a starter or on the two-deep team to any of
25· ·you? 25· ·the five names that we identified that played
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·1· · · · A.· ·Yeah.· With six-one, 240, yeah, definitely ·1· ·defensive end?
·2· ·would have been on the smaller size of things. ·2· · · · A.· ·And this is 2017-2018 season,
·3· · · · Q.· ·What else were you told as to reasons why ·3· ·specifically?
·4· ·you did not travel during the year 2017 to away ·4· · · · Q.· ·Yeah.· Let's talk first about that year,
·5· ·games? ·5· ·2017 to 2018.
·6· · · · A.· ·Kind of -- we're talking football -- you ·6· · · · A.· ·I don't recall.
·7· ·know, I didn't -- I didn't have the best overall ·7· · · · Q.· ·Would you agree with me that if Coach Phil
·8· ·knowledge of the game.· Kind of I was a liability on ·8· ·Parker thought you should play as a starting
·9· ·a run.· But going into that season, I had an awesome ·9· ·defensive end, that you would have?
10· ·spring, and it was kind of high hopes for me going 10· · · · A.· ·Yes.· No.· No, actually.· No.· I firmly
11· ·into that.· And then going into that fall, coming 11· ·believe if Coach Ferentz and Coach Doyle both had a
12· ·off the spring, you know, that's when kind of the 12· ·kind of underlining "We don't want this guy to play.
13· ·weight issue -- the weight issue kind of -- 13· ·We don't like this guy.· He doesn't fit our culture.
14· ·whatever. 14· ·He's not an Iowa guy," I think they definitely would
15· · · · Q.· ·Who -- I'm sorry.· I didn't mean to 15· ·go to extreme limits to make that guy transfer or to
16· ·interrupt you, Mr. Simon.· Were you finished? 16· ·withhold him from playing.
17· · · · A.· ·Yeah.· Go ahead. 17· · · · Q.· ·Well, which of the defensive coaches that
18· · · · Q.· ·In the year 2017, who were the starters at 18· ·you've identified, among Reese Morgan, Kelvin Bell,
19· ·defensive end, if you can remember? 19· ·or Coach Phil Parker, thought that you should play
20· · · · A.· ·Parker -- Parker Hesse and Anthony Nelson. 20· ·in the football games against other teams?
21· ·They moved Matt inside.· And then actually 21· · · · A.· ·And we're talking about the 2017-2018
22· ·starters -- you said starters.· So we can ... 22· ·year?
23· · · · Q.· ·Who was on the two-deep team?· Who were 23· · · · Q.· ·Sure.
24· ·the next players behind Mr. Hesse and Mr. Anthony 24· · · · A.· ·They definitely mentioned that I -- I
25· ·Nelson? 25· ·should have been a tool for third-down situations,

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·1· ·especially third-and-long. ·1· · · · A.· ·I can definitely confirm that he did not,
·2· · · · Q.· ·Which means -- if I understand what you're ·2· ·because, specifically speaking, it was my last kind
·3· ·telling me, is that you were good on pass rush ·3· ·of outing with Iowa, was the -- was at the 2019 --
·4· ·likely plays, but not very good on running plays; is ·4· ·2019 Outback Bowl, Tampa.· So that whole time
·5· ·that a fair statement? ·5· ·practicing with the two-deep -- I'm sorry. I
·6· · · · A.· ·For the 2017-2018 season, we can say, yes. ·6· ·didn't -- Parker Hesse.· Parker Hesse was that year
·7· · · · Q.· ·How about in the next season?· Did you ·7· ·too.· So I'm -- yeah.
·8· ·participate in the Iowa football program in the 2018 ·8· · · · · · ·So Seth Wallace came up to me, because I
·9· ·fall season? ·9· ·told you the list comes out -- I don't remember what
10· · · · A.· ·Yes.· Yes, I did. 10· ·day that -- because this is bowl.· This is we're in
11· · · · Q.· ·And who were the defensive ends that 11· ·the bowl.· So, you know, things are a little -- they
12· ·played in that season?· Who were the two-deep 12· ·ran differently than, you know, normal kind of
13· ·defensive ends? 13· ·season -- season prep.· But that list came out and
14· · · · A.· ·Anthony Nelson and AJ Epenesa. 14· ·Coach Wallace was confused.· He was, like, "Why are
15· · · · Q.· ·And who were the other -- those were the 15· ·you" -- "why are you with the scouts?"· He was
16· ·starters; correct? 16· ·confused.· So he was puzzled by that -- so -- which
17· · · · A.· ·Correct. 17· ·led me to believe that, you know, he didn't -- he
18· · · · Q.· ·And then who were the people that were 18· ·didn't make the rules as far as who dresses, who
19· ·their backups or on the two-deep team? 19· ·doesn't dress.· And actually I didn't dress -- I
20· · · · A.· ·Chauncey, he rotated -- he rotated inside, 20· ·didn't dress for that Outback game -- Outback Bowl
21· ·outside, and on a package.· Who else?· I'm sure, 21· ·game.
22· ·like -- yeah, I don't -- yeah, that was -- it was 22· · · · Q.· ·All right.· Let me -- you've said a couple
23· ·Chauncey, Anthony, and AJ that year.· Trying to 23· ·of things here I want to try to clarify, Mr. Simon.
24· ·figure out if there was a fourth.· I don't recall. 24· · · · A.· ·Yeah.
25· ·Chauncey, AJ, and Anthony definitely.· They assumed 25· · · · Q.· ·You believe that the two-deep defensive
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·1· ·those spots, those roles. ·1· ·ends during the 2018 season leading up to the bowl
·2· · · · Q.· ·Did Matt Nelson play any end -- defensive ·2· ·game included Anthony Nelson, Parker Hesse, AJ
·3· ·end that year, 2018, if you know? ·3· ·Epenesa, and Chauncey Golston; correct?
·4· · · · A.· ·No, he did not. ·4· · · · A.· ·2018, 2017, 2017, 2018 -- yes.
·5· · · · Q.· ·Did Sam Brinks or Brady Reiff? ·5· · · · Q.· ·Is that a yes, Mr. Simon?
·6· · · · A.· ·No.· Brady -- Brady was a D-tackle that ·6· · · · A.· ·Yes.· Yes, it is.
·7· ·year. ·7· · · · Q.· ·And each of those four players on the Iowa
·8· · · · Q.· ·How about Sam Brincks? ·8· ·two-deep team, you would agree, are currently NFL
·9· · · · A.· ·No. ·9· ·players in the --
10· · · · Q.· ·Dallas Jacobson or Garret Jansen? 10· · · · A.· ·Yes.
11· · · · A.· ·No. 11· · · · Q.· ·-- professional league?· Yes?
12· · · · Q.· ·What role did Brian Ferentz play in any 12· · · · A.· ·Yes.· Yes, they are.· All --
13· ·decision-making role about whether you played 13· · · · Q.· ·And you're not here to tell us that you
14· ·defensive end in 2018? 14· ·think you played better than either -- any of those
15· · · · A.· ·I don't know that information, sir. 15· ·on the two-deep defensive ends, are you?
16· · · · Q.· ·What role, if any, did Brian Ferentz play 16· · · · A.· ·Like I stated before, I believe there were
17· ·in the decisions about whether you traveled with the 17· ·some things that I definitely did better; some
18· ·team to away games or dressed for home games or got 18· ·things they did better.· So ...
19· ·to play? 19· · · · Q.· ·How about Coach Chris Doyle?· Are you
20· · · · A.· ·I don't -- I don't know that information. 20· ·saying that Coach Chris Doyle had any role in
21· · · · Q.· ·How about Seth Wallace?· In either year of 21· ·whether you traveled to away games, dressed for home
22· ·2017 or 2018, did Seth Wallace have any 22· ·games, or played in competitive football games in
23· ·decision-making role in whether you traveled or 23· ·the season 2018 leading up to the bowl game?
24· ·dressed for home games or got to play in competitive 24· · · · A.· ·Yes.· He definitely did.
25· ·games? 25· · · · Q.· ·And how do you know that?

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·1· · · · A.· ·I just -- the whole kind of dialogue ·1· · · · Q.· ·So you arrived in June of 2016, and then
·2· ·around that time:· "You're in the doghouse.· You're ·2· ·you were a redshirt freshman that year; is that
·3· ·in their doghouse, you know.· You got to get ·3· ·correct?
·4· ·yourself out that doghouse." ·4· · · · A.· ·Yes.· I redshirted.
·5· · · · · · ·And I'm like, "I understand."· You know, I ·5· · · · Q.· ·Okay.· And that 2016 year, the team went
·6· ·had weight issues and maybe some -- a little, small, ·6· ·on and played in the Outback Bowl on January 1st of
·7· ·minuscule kind of infractions, nothing big, you ·7· ·2017; correct?
·8· ·know. ·8· · · · A.· ·Yes.· That first year, yes.
·9· · · · · · ·And, you know, he just -- "You know, you ·9· · · · Q.· ·And then the 2017 season you participated
10· ·got to fix that relationship." 10· ·in spring ball in the spring of 2017, and you were
11· · · · · · ·I remember speaking to Coach Ferentz 11· ·eligible to compete in fall season of 2017; correct?
12· ·specifically my redshirt freshman year kind of about 12· · · · A.· ·Yes, sir.
13· ·fixing my relationship with Coach Doyle.· And, you 13· · · · Q.· ·And at the end of 2017, the team played in
14· ·know, come to find out, you know, the relationship 14· ·the Pinstripe Bowl, in December of 2017; correct?
15· ·never kind of was patched up, and it kind of 15· · · · A.· ·December 27th, yes, sir.
16· ·transferred over to the next season. 16· · · · Q.· ·Now, were you redshirted that year of 2017
17· · · · Q.· ·Let me ask you about that conversation. 17· ·competitive season?
18· · · · A.· ·Okay. 18· · · · A.· ·I was a redshirt freshman.· So I was
19· · · · Q.· ·Your redshirt freshman year was in the 19· ·eligible to play, yes.
20· ·year 2016; correct? 20· · · · Q.· ·Okay.· I'm not sure I understand your
21· · · · A.· ·No.· That was -- no.· That was 2017-2018. 21· ·answer.· You were a redshirt freshman that 2017
22· · · · Q.· ·Okay.· What year did you start at Iowa, 22· ·season, or were you able to compete?
23· ·Mr. Simon? 23· · · · A.· ·I was able to compete, yes.
24· · · · A.· ·2016-2017. 24· · · · Q.· ·Okay.· And that was the year that --
25· · · · Q.· ·Those are two years, Mr. Simon.· Can you 25· · · · A.· ·But the redshirt is still -- you know,
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·1· ·tell me -- ·1· ·it's redshirt, blank, blank -- whatever years.
·2· · · · A.· ·Because Iowa -- ·2· · · · Q.· ·Okay.
·3· · · · Q.· ·-- what year you first arrived at Iowa? ·3· · · · A.· ·So academically speaking, I'm a sophomore,
·4· · · · A.· ·-- Iowa makes the bowl games.· That's why ·4· ·but I'm still a redshirt freshman.· You got me?
·5· ·I add -- you know, because it's -- we're not -- we ·5· · · · Q.· ·You were a redshirt freshman for how many
·6· ·don't just finish, you know.· It carries over to the ·6· ·seasons, Mr. Simon?
·7· ·new year. ·7· · · · A.· ·Just one.
·8· · · · Q.· ·All right.· Let me see if I can -- ·8· · · · Q.· ·Okay.· And if you had been chosen by the
·9· · · · A.· ·It was one year where it didn't.· That was ·9· ·coaches to play ahead of Parker Hesse and Anthony
10· ·the Pinstripe Bowl, played in, like, December. 10· ·Nelson and Chauncey Golston and AJ Epenesa, you
11· ·Every other year it was played in January.· So I 11· ·could have played those -- that year of 2017;
12· ·went to two Out -- two Outback Bowl games and then 12· ·correct?
13· ·one Pinstripe. 13· · · · A.· ·Correct.
14· · · · Q.· ·Okay. 14· · · · Q.· ·And then you also played in the 2018
15· · · · A.· ·Pinstripe was 2017. 15· ·season -- or you were eligible to play in the 2018
16· · · · Q.· ·Let me see if I can -- 16· ·season; correct, Mr. Simon?
17· · · · A.· ·'17 or ... 17· · · · A.· ·Correct.
18· · · · Q.· ·Were you able to finish your answer, 18· · · · Q.· ·And that year was the senior season of
19· ·Mr. Simon? 19· ·Mr. Anthony Nelson and Parker Hesse, and also
20· · · · A.· ·Yes. 20· ·playing as defensive ends were AJ Epenesa and
21· · · · Q.· ·So you arrived on campus at the University 21· ·Chauncey Golston; correct?
22· ·of Iowa sometime about August of 2016? 22· · · · A.· ·Incorrect.· I believe it was -- no.
23· · · · A.· ·Yes.· No.· June. 23· ·Parker Hesse -- Parker Hesse wasn't in that --
24· · · · Q.· ·Okay. 24· · · · Q.· ·I'm sorry.· We can't hear you.
25· · · · A.· ·I arrived in June. 25· · · · A.· ·It was just AJ and Anthony Nelson, I

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·1· ·think. ·1· · · · A.· ·Yes, I do.
·2· · · · Q.· ·Who were the four -- who were the two-deep ·2· · · · Q.· ·What minor infractions are you referring
·3· ·players, including the starters and the second team, ·3· ·to, Mr. Simon?
·4· ·at the defensive end in 2018, if you know? ·4· · · · A.· ·Waking up late.· Only happened probably
·5· · · · A.· ·Who was the starters?· I heard it.· I said ·5· ·less than three -- maybe three -- several times. I
·6· ·Anthony Nelson and AJ Epenesa started that year. ·6· ·should say several.· You know, missing a meeting or
·7· ·And then Chauncey started on different packages. ·7· ·showing up late to a practice.
·8· ·Three -- so there's three down linemen on that -- ·8· · · · Q.· ·On those circumstances, what happened,
·9· ·whatever.· It was -- it was the speed package.· It ·9· ·Mr. Simon?
10· ·was Anthony Nelson, Chauncey in the middle, and AJ. 10· · · · A.· ·I missed my alarm, maybe.· Can't -- you
11· · · · Q.· ·And did Parker Hesse play in 2018? 11· ·know, I -- missed my alarm.· But, yeah, those --
12· · · · A.· ·No, he didn't.· I misspoke. 12· ·those situations, they were like sprinkles.· You
13· · · · Q.· ·So what defensive coach are you telling us 13· ·know, it happened less -- or not even sprinkles. I
14· ·wanted you to play or travel or dress ahead of the 14· ·don't know even want to say that kind of verbiage.
15· ·defensive linemen who actually did those things? 15· ·Yeah, they happened loosely, probably three times.
16· · · · A.· ·I don't know if -- so you're saying what 16· ·So it happened once every year, really -- once or
17· ·defensive coach wanted me to start over those 17· ·twice.· But I was very -- I try to be punctual.
18· ·individuals?· I can't -- I can't necessarily 18· · · · Q.· ·Other than the infractions of oversleeping
19· ·determine whether they wanted me to start, but I 19· ·and missing meetings or practices, were there other
20· ·knew it was some defensive coaches, it was some 20· ·infractions that involved you?
21· ·offensive coaches that knew I should've been 21· · · · A.· ·No.
22· ·playing, especially that year, you know. 22· · · · Q.· ·Now, you were telling us -- or you
23· · · · Q.· ·When you say "that year," you mean the 23· ·mentioned a discussion with Coach Kirk Ferentz, I
24· ·last year, 2018? 24· ·believe you said, in 2016 when you were a redshirt
25· · · · A.· ·2018, the last year I was there, yes. 25· ·freshman.· Did I get that correct?
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·1· · · · Q.· ·So what, if anything, did Phil Parker say ·1· · · · A.· ·2017.
·2· ·about your playing or dressing or traveling with the ·2· · · · Q.· ·Okay.· So you had a conversation with Kirk
·3· ·team? ·3· ·Ferentz in 2017.· Can you tell us what you can
·4· · · · A.· ·He would just tell me to keep my head ·4· ·recall about that conversation.
·5· ·high, keep working, control what I can do, control ·5· · · · A.· ·So it was coming off my spring season.
·6· ·the controllables.· It was kind of words of ·6· ·Anthony Nelson and Parker Hesse that year, that
·7· ·encouragement, as you will. ·7· ·spring ball, they were kind of banged up.· So I was
·8· · · · Q.· ·And how about Mr. Kelvin Bell?· What did ·8· ·able to get more reps, and I capitalized on the reps
·9· ·he tell you about your playing or traveling or ·9· ·that I got.· And, you know, kind of had an eye
10· ·dressing during the year 2017 or 2018? 10· ·opened for me.· You know, they was, like, "We can
11· · · · A.· ·Coach KB, you know, he was my D-end coach. 11· ·see you coming in and" -- "on our speed package and
12· ·So working with him every day.· And he knew I should 12· ·potentially doing some work."· And that was the
13· ·have been playing, but he had -- he was not the head 13· ·conversation with multiple coaches.· Even Brian
14· ·defensive line coach that year.· So to your 14· ·Ferentz used to come up and kind of "atta-boy" me,
15· ·question, you know, he did what he could -- you 15· ·you know, on my work.
16· ·know, he coached me.· You know, he made sure that 16· · · · · · ·And then leading up to that season in the
17· ·I -- you know, I was taking my film taking the 17· ·fall, that's when I was experience -- so I had got
18· ·details, techniques.· You know, he would work with 18· ·strep, like, two weeks -- a week or two before camp.
19· ·me tight and try to improve my game.· I can't say 19· ·I lost 10 pounds.· And I had a conversation with
20· ·whether -- if he was an advocate for me to kind of 20· ·Coach Christopher Doyle, and he said, "You know,
21· ·play, because I don't know that.· I don't know 21· ·I'll give you a week grace period.· I want you to
22· ·what's being talked about behind the doors. 22· ·gain that weight back."
23· · · · Q.· ·You mentioned in an answer that in 23· · · · · · ·And for whatever reason, I was losing
24· ·addition to your ability, you said there were some 24· ·10 pounds in my sleep.· I couldn't get that weight
25· ·minor infractions.· Do you recall that testimony? 25· ·back.· You know, I even met with some trainers and

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·1· ·tried to figure that problem out, but I didn't have ·1· ·camp; is that fair to say?
·2· ·the answers for that problem.· And it kind of just ·2· · · · A.· ·Correct.
·3· ·spiraled over, you know.· And it got so chaotic, ·3· · · · Q.· ·Okay.· Can you recall anything else that
·4· ·they actually withheld me from a week and a half ·4· ·you discussed with Kirk Ferentz at that meeting
·5· ·left of that camp. ·5· ·after spring bell of 2017?
·6· · · · · · ·So that year AJ Epenesa came, and he ·6· · · · A.· ·He did -- he said still work -- fix your
·7· ·became that guy, you know.· Deserving -- he was very ·7· ·relationship downstairs, Coach Doyle.
·8· ·deserving of that role, but I think I could've -- if ·8· · · · Q.· ·Anything else that you can recall that
·9· ·it wasn't for -- if it wasn't for Christopher ·9· ·Kirk Ferentz told you in this meeting you had with
10· ·Doyle's kind of -- not likeness -- he didn't -- you 10· ·him after spring ball in April of 2017?
11· ·know, kind of I don't think he liked me very much. 11· · · · A.· ·Besides words of encouragement that he
12· ·So if it wasn't for that, I think I could have even 12· ·probably spilled onto me.· We -- that year, you
13· ·competed that year, you know. 13· ·know, it was kind of -- I would speak to him
14· · · · · · ·But that year I knew Christopher Doyle 14· ·occasionally, you know, and it would be positive
15· ·didn't like me, because he -- we were getting 15· ·talks, you know, just encouragement, you know, "keep
16· ·ready -- this was probably winter.· This was 16· ·going, keep working, you know, do that" -- "do this,
17· ·winter -- winter prep.· And we had a morning 17· ·do that," you know, positive talks.· And then, you
18· ·session, and I just came in -- you know, it's the 18· ·know, one of the constant dialogues, "Just, you
19· ·morning -- and he just looked at me, he -- we all 19· ·know, kind of be better downstairs in the weight
20· ·headed up.· He's just like, "Fix your face.· I don't 20· ·room."
21· ·like the way you look."· And I just had a regular -- 21· · · · Q.· ·Anything else you can recall about that
22· ·I don't know -- face.· Just "I don't like your 22· ·discussion that you had with Kirk Ferentz following
23· ·face." 23· ·the April 2017 spring ball that you had at the time?
24· · · · · · ·And I was like, "oh," you know.· And then 24· · · · A.· ·No.· I don't recall.
25· ·it kind of just spiraled.· It wasn't -- it wasn't a 25· · · · Q.· ·And then I understand that -- was it later
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·1· ·pleasant season that season as far as ·1· ·in that year after spring ball sometime that you
·2· ·relationship -- relationship-wise with those -- with ·2· ·contracted a strep infection?
·3· ·those coaches. ·3· · · · A.· ·Yes.
·4· · · · Q.· ·Have you had a chance to finish your ·4· · · · Q.· ·Do you know about when that occurred,
·5· ·answer, Mr. Simon? ·5· ·Mr. Simon?
·6· · · · A.· ·Yes, sir.· I'm all complete. ·6· · · · A.· ·Two weeks prior to that camp -- fall camp.
·7· · · · Q.· ·I want to go back to the discussion with ·7· · · · Q.· ·Okay.· So we're talking about sometime in
·8· ·Kirk Ferentz.· Was this discussion after spring camp ·8· ·probably July of 2017 that you contracted a strep
·9· ·in 2017 when you had had a chance to play during ·9· ·infection?
10· ·spring ball, when Anthony Nelson and Parker Hesse 10· · · · A.· ·Yes.· July, yes.
11· ·were injured? 11· · · · Q.· ·And that caused you, among other things,
12· · · · A.· ·Correct. 12· ·to lose weight; correct?
13· · · · Q.· ·And can you recall anything else that Kirk 13· · · · A.· ·Yes.
14· ·Ferentz told you during that meeting after spring 14· · · · Q.· ·And you told us you lost about 10 pounds?
15· ·ball when you had had a chance to practice, when 15· · · · A.· ·Yes.
16· ·Parker Hesse and Anthony Nelson were injured? 16· · · · Q.· ·Do you know what you weighed after the
17· · · · A.· ·At that moment or -- so what's the time 17· ·strep infection?
18· ·line?· Repeat the time -- repeat the question again. 18· · · · A.· ·Around 235, 238.
19· · · · Q.· ·Yes.· You were telling us about a meeting 19· · · · Q.· ·And you met with Coach Doyle about your
20· ·that you had with Kirk Ferentz -- 20· ·weight loss during the strep infection?
21· · · · A.· ·Yeah. 21· · · · A.· ·Yes, I did.
22· · · · Q.· ·-- after spring ball in April of 2017 -- 22· · · · Q.· ·Now, what can you recall about that
23· · · · A.· ·Okay. 23· ·conversation?
24· · · · Q.· ·-- where he was somewhat optimistic or 24· · · · A.· ·He gave me grace period, like a week. I
25· ·encouraging about how you had performed in spring 25· ·think he even extended maybe a week and a half or

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·1· ·maybe a couple weeks.· And I just wasn't able to get ·1· ·into the Pinstripe Bowl?
·2· ·it back. ·2· · · · A.· ·Yes.
·3· · · · Q.· ·You were trying -- ·3· · · · Q.· ·What weight did you get to in 2017,
·4· · · · A.· ·And -- and, you know, I didn't have the ·4· ·Mr. Simon?
·5· ·same level of -- you know, maybe I did have that ·5· · · · A.· ·I think I was able to get back up to, you
·6· ·knowledge, but I just -- you know, I didn't know how ·6· ·know, around 240 -- 245, 240ish.
·7· ·to kind of put on weight like that, you know, kind ·7· · · · Q.· ·Did you make --
·8· ·of stop -- slow my metabolism down, you know.· It ·8· · · · A.· ·Probably -- by the end of, probably, May
·9· ·was just I was still kind of fairly -- I was a young ·9· ·or so, 250.· I don't -- I don't know.
10· ·player.· So -- you know, but the older guys kind of 10· · · · Q.· ·Did you make your target weight?
11· ·helped me. 11· · · · A.· ·Oh, yeah.· I had to.· I had to.
12· · · · · · ·By 2017-2018 I was kind of consistent. I 12· · · · Q.· ·And when do you recall that AJ Epenesa
13· ·had to be consistent with my weight, because I was 13· ·showed up on campus and became a defensive star at
14· ·getting weighed in every day that year.· After the 14· ·the end position?
15· ·fall -- after that fall camp when I was exempt or 15· · · · A.· ·AJ came in twenty -- the 2017 year,
16· ·withheld from practicing, that last remainder week 16· ·summer.
17· ·and a half of camp, I was -- I had to get weighed in 17· · · · Q.· ·Did he actually see playing time as a
18· ·every day.· As soon as when I -- as soon as I got 18· ·freshman, if you recall?
19· ·there in the morning, it was the breakfast club. I 19· · · · A.· ·Yes, he did.· He was a true freshman.
20· ·had to eat with the coaches.· As soon as I ate, I 20· · · · Q.· ·I mean, that's an unusual accomplishment,
21· ·had to get weighed in. 21· ·when you have so many great players on your
22· · · · · · ·And then I had to get weighed in after 22· ·defensive line; correct?
23· ·practice as well.· And that lasted the whole season, 23· · · · A.· ·He was -- he's a great player, like you
24· ·really, just about, getting weighed in every day. 24· ·said.· Like you stated, he's in the NFL, you know,
25· · · · · · ·And I was having coaches and players, you 25· ·doing great things.
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·1· ·know, tell me, like, you know, "You're" -- just ·1· · · · Q.· ·The meeting that you had after your strep
·2· ·like, "You're in, you know, small percentage of ·2· ·infection, you were talking to us about Coach Doyle
·3· ·players that ever have to do this."· You know, I ·3· ·about the weight, and do you recall anything else
·4· ·don't want to say I'm the only one, because maybe ·4· ·that was discussed with Coach Doyle about your
·5· ·there was a few others, but they said, "You were" -- ·5· ·weight or other topics after your strep infection?
·6· ·small percentage ever have to kind of wake up every ·6· · · · A.· ·I don't recall.
·7· ·day and get weighed in.· Like, micromanaged, though. ·7· · · · Q.· ·Let me -- do you still have the
·8· ·Like, you know, I had to -- they oversaw it.· You ·8· ·interrogatories on the screen in front of you,
·9· ·know, they were taking it in.· And I was told, you ·9· ·Mr. Simon?
10· ·know, if I was inconsistent with that process, that 10· · · · A.· ·Yes, I do.
11· ·I would, you know, have to -- I would either lose my 11· · · · Q.· ·I want to jump ahead to interrogatory
12· ·scholarship or I would have to transfer. 12· ·answer No. 23 and be sure I give you a chance to see
13· · · · Q.· ·So this daily weigh-in after breakfast and 13· ·both the question and the answer, Mr. Simon.· So let
14· ·after practice, that began at what time?· After you 14· ·me stop here at Question No. 23.· And why don't you
15· ·had had your strep infection? 15· ·take a moment and read to yourself the question, and
16· · · · A.· ·Yes.· So this went on for -- you know, in 16· ·then we'll read -- you can read your answer to
17· ·the season.· I had -- I had a Big 10 play, a Big 10 17· ·yourself.· And let me know when you're familiar with
18· ·play, and then four on. 18· ·it and ready to answer my questions.
19· · · · Q.· ·I'm sorry, Mr. Simon.· You had a Big 10 19· · · · · · ·MS. HECKENKEMPER:· Mr. Stone, after this
20· ·what? 20· ·line of questioning -- we've been going about -- a
21· · · · A.· ·Four games that we played out of league 21· ·little over an hour.· Do you mind if we take a quick
22· ·and, you know, the games we play in league 22· ·break?
23· ·throughout those -- throughout the season I had to 23· · · · · · ·MR. STONE:· No, that's fine.· We can take
24· ·get weighed in. 24· ·a break.
25· · · · Q.· ·And that lasted throughout the 2017 season 25· · · · · · ·Jessi, can you put Mr. Peterzalek and

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·1· ·Mr. Deist and Mr. Doyle and Mr. Ferentz in a room ·1· ·time -- I don't know the time period.
·2· ·with me. ·2· · · · Q.· ·Okay.· So you know it was in 2016, but you
·3· · · · · · ·REPORTER:· Yes, I can. ·3· ·can't tell us whether it was in September or
·4· · · · · · ·THE VIDEOGRAPHER:· Are we going -- are we ·4· ·October?
·5· ·off the record now or are we continuing with ·5· · · · A.· ·No.
·6· ·questions? ·6· · · · Q.· ·Is there a chance it was before any games
·7· · · · · · ·MR. STONE:· Yeah, let's go off the record ·7· ·started?
·8· ·now, and then we'll start in on No. 23 when we come ·8· · · · A.· ·No.
·9· ·back.· Thank you. ·9· · · · Q.· ·Going on to Interrogatory No. 23,
10· · · · · · ·THE VIDEOGRAPHER:· Going off the -- 10· ·Mr. Simon, it says that you met with Liz Tovar, John
11· · · · · · ·MS. HECKENKEMPER:· Thank you. 11· ·Bruno, and Broderick Binns in April of '18 or May of
12· · · · · · ·THE VIDEOGRAPHER:· -- record at 10:09. 12· ·2018.· "The specific date is unknown."· Did you meet
13· ·We're off the record. 13· ·with all three of those individuals at one time?
14· · · · · · ·(A brief recess was taken.) 14· · · · A.· ·No.
15· · · · · · ·THE VIDEOGRAPHER:· We are back on the 15· · · · Q.· ·Did you meet with them individually?
16· ·record at 10:24. 16· · · · A.· ·Yes.
17· · · · Q.· ·(By Mr. Stone)· Mr. Simon, when we broke, 17· · · · Q.· ·Do you recall, as you sit here today, the
18· ·I was asking if you'd take a minute to review 18· ·meeting with Liz Tovar?
19· ·Interrogatory No. 23 in your answer.· Why don't you 19· · · · A.· ·Individually?
20· ·go ahead and do that, and I'll scroll down when you 20· · · · Q.· ·Yes.
21· ·want me to so that you can see the whole thing. 21· · · · A.· ·Yes.
22· · · · A.· ·Can you scroll down.· You can scroll down, 22· · · · Q.· ·What can you tell me about your meeting
23· ·sir. 23· ·with Ms. Liz Tovar in April or May of 2018?
24· · · · Q.· ·Yes. 24· · · · A.· ·When I met with her, I would meet on and
25· · · · A.· ·All right. 25· ·on with her 2017 to 2018, until my departure. I
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·1· · · · Q.· ·All right.· Have you had a chance to ·1· ·kind of just told her my experience at Iowa.
·2· ·review Interrogatory No. 23? ·2· · · · Q.· ·Well, tell us what you told her.
·3· · · · A.· ·Yes. ·3· · · · A.· ·I told her that -- that I believe -- or
·4· · · · Q.· ·Before we start in on that, Mr. Simon, I ·4· ·that I know that Coach Doyle, he has bigot
·5· ·want to ask you again about Cedrick Lattimore and ·5· ·tendencies.· He has -- kind of he's racially
·6· ·when he missed the weightlifting session in the year ·6· ·stereotypical with some comments, and there's a lot
·7· ·2016.· Can you be any more specific for me?· Was it ·7· ·of kind of racial -- there's a lot of glaring racial
·8· ·before a certain game, or had the games started, or ·8· ·disparities at the University of Iowa.
·9· ·do you know? ·9· · · · Q.· ·Anything else you can recall talking to
10· · · · A.· ·No, it wasn't before a game.· It was 10· ·Liz Tovar about?
11· ·before a sanctioned lift. 11· · · · A.· ·Besides, you know, she -- academic --
12· · · · Q.· ·In terms of when it occurred, can you tell 12· ·besides grades and whatnot, no.
13· ·me, was it after the games had started in 2016?· Was 13· · · · Q.· ·I'm sorry.· Was she providing academic
14· ·it before the Big 10 season started in 2016?· Can 14· ·counseling to you?
15· ·you tell me anything more? 15· · · · A.· ·No.· John Bruno was my personal.
16· · · · A.· ·It was during the season, I believe. 16· · · · Q.· ·Okay.
17· · · · Q.· ·And since it was during the season, they 17· · · · A.· ·But I did -- you know, I'm sure I did have
18· ·have some games that are against opponents outside 18· ·to talk to her about a grade or so.
19· ·the Big 10, usually in the month of September.· Was 19· · · · Q.· ·Okay.· So going back to Liz Tovar, you
20· ·it during that area -- that time of the season, or 20· ·spoke with her about your grades; is that right?
21· ·do you know? 21· · · · A.· ·On and off.· But mainly John Bruno was my
22· · · · A.· ·I don't recall. 22· ·main -- my provided athletic academic counselor.
23· · · · Q.· ·Do you remember whether Cedrick Lattimore 23· · · · Q.· ·Okay.· I'm trying to focus on what you can
24· ·had been playing in games? 24· ·recall that you talked with Liz Tovar about.· Have
25· · · · A.· ·I don't recall.· I don't know if at that 25· ·you now told me everything that you talked to Liz

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·1· ·Tovar about? ·1· ·comments.· And especially I was at University of
·2· · · · A.· ·Yes. ·2· ·Iowa for two to three years by now.· I would think,
·3· · · · Q.· ·Okay.· Let's move on to John Bruno.· How ·3· ·you know, you would know your player by now.· Right?
·4· ·many times do you believe you talked with John ·4· ·But obviously he didn't know me, to make those type
·5· ·Bruno? ·5· ·of comments.
·6· · · · A.· ·Off and on, specifically about my, you ·6· · · · · · ·But then, you know, that's just another
·7· ·know, kind of treatment at Iowa, twice -- twice a ·7· ·instance.· And then we talked about the whole
·8· ·week.· Because I would meet one-on-one with him at ·8· ·mockery of racial kind of -- I don't -- blatant
·9· ·least once or twice a week.· Me and John Bruno had a ·9· ·racial kind of disrespect to kind of paint me in an
10· ·close relationship out of those three names, Liz 10· ·image of a, quote/unquote, "thug" or -- I don't
11· ·Tovar and Broderick Binns.· I kind of confided in 11· ·know.· Maybe he was watching too many rap videos. I
12· ·John Bruno with a lot of -- with a lot of details, 12· ·don't know what he was going for, you know.
13· ·you know. 13· · · · Q.· ·And my question is what you talked to
14· · · · Q.· ·Tell me what you told John Bruno that you 14· ·Mr. John Bruno about.· Have you now told me
15· ·can recall. 15· ·everything you can recall that you talked to
16· · · · A.· ·I told him about my time in the weight 16· ·Mr. John Bruno about, or were there other things
17· ·room where -- where there was this forearm drill 17· ·that you talked to him about?
18· ·where you put your hand in a bucket of rice and kind 18· · · · A.· ·Yes.· Those were some incidents --
19· ·of, you know, contrast/contract the rice around. 19· ·instances in my tenure at Iowa that we had spoke
20· ·Then I proceeded to bench.· Then I had remnants of 20· ·about, besides grades and other personal kind of
21· ·rice on my fingers.· It was on the weight room 21· ·matters.· But as far as Iowa football, you know,
22· ·floor.· And Coach Doyle said, "The fuck is this?" 22· ·those conversations definitely came up in dialogue.
23· ·And I looked and there was some rice.· He was like, 23· · · · Q.· ·Anything else that you can recall that you
24· ·"Clean that shit up." 24· ·and John Bruno spoke about about the Iowa football
25· · · · · · ·And I was confused, because I didn't 25· ·program that you haven't told me?
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·1· ·even -- you know, I'm just -- I'm working out.· So, ·1· · · · A.· ·The history.· I believe John Bruno, he was
·2· ·you know, kind of the drilling and the pace.· You ·2· ·rooting for me to be his first black graduate --
·3· ·know, I'm kind of focused on that, not the rice. ·3· ·graduate -- yeah, his first black graduate.· He
·4· ·And I proceeded to kind of pick the rice grains up ·4· ·didn't have -- he didn't counsel a black graduate
·5· ·and throw them out. ·5· ·yet, for the reasons -- because of the heightened
·6· · · · · · ·And he was like, "Why you walking" -- ·6· ·racial disparities at Iowa that led African American
·7· ·like, I had my back towards him, and he's like, "Why ·7· ·men to transfer, drop out at a high rate, he wasn't
·8· ·you walking with so much swagger?· I'll send you ·8· ·able to accompany a black African American man to --
·9· ·back to the streets." ·9· ·for four to five years.· He wasn't able to see a
10· · · · · · ·And then Raimond -- Coach Braithwaite, he 10· ·black man hold a diploma.· And that's -- and I
11· ·was there when those comments were made.· And, you 11· ·thought that was kind of eerie.· I'm like, "oh."
12· ·know, I couldn't do nothing but kind of just -- did 12· ·You know, I kind of wanted to be that first one for
13· ·he just say that, you know.· Just kind of unusual 13· ·him, but, you know, I was asked to leave.
14· ·thing to say, tell an African American -- what? -- I 14· · · · Q.· ·Anything else that you can tell me that
15· ·was like 20 -- maybe 20, twenty -- I was 20 or 21 15· ·you and John Bruno talked about that you haven't
16· ·years of age.· Tell a 20-year-old African American 16· ·said yet?
17· ·man to kind of go back to the streets.· And I'm not 17· · · · A.· ·That was kind of a synopsis of the
18· ·even from -- I'm not even from the streets.· You 18· ·majority of the stuff.
19· ·know, I live in Newark.· You know, Newark has it own 19· · · · Q.· ·Well, my question really goes to what else
20· ·kind of stigmas or whatever.· But I'm in a nice 20· ·you can recall, if anything, Mr. Simon.· Is there
21· ·section of Newark.· And, you know, I'm not in the 21· ·anything else you can recall that you haven't told
22· ·streets or from the streets.· I'm in a nice kind of 22· ·me that you and John Bruno talked about?
23· ·suburban part of north New Jersey.· It's actually 23· · · · A.· ·No, sir.
24· ·dubbed Forest Hills. 24· · · · Q.· ·How many times did you visit with
25· · · · · · ·So I didn't really understand those 25· ·Broderick Binns?

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·1· · · · A.· ·I can't recall.· Loosely.· Not often.· Not ·1· · · · · · ·MS. HECKENKEMPER:· Brandon, try to speak
·2· ·as often as John -- you know, John Bruno. ·2· ·up a little.
·3· · · · Q.· ·Did you talk with Broderick Binns more ·3· · · · A.· ·I talked to him regarding Coach Doyle, and
·4· ·than one time, if you can recall? ·4· ·he told me to kind of just tough it out.
·5· · · · A.· ·Yes. ·5· · · · Q.· ·(By Mr. Stone)· In your answer in No. 23,
·6· · · · Q.· ·As you sit here today, can you give us an ·6· ·it says, "Additionally, he" -- I assume the "he"
·7· ·estimate of the times that you talked to Broderick ·7· ·refers to you, Plaintiff Simon -- "Additionally, he
·8· ·Binns? ·8· ·explained that black players were drug tested far
·9· · · · A.· ·Say once a week, on and off, like, ·9· ·more often than white players for no reason and
10· ·one-on-one conversations. 10· ·without cause."· Those are your words, Mr. Simon?
11· · · · Q.· ·What did you talk to Broderick Binns 11· · · · A.· ·Yes, they are.
12· ·about? 12· · · · Q.· ·Can you explain that to me.
13· · · · A.· ·Really kind of -- it was football-related 13· · · · A.· ·So specifically my last -- what was that?
14· ·and technique stuff.· Yeah, it was football stuff, 14· ·2018 or 2019, that season -- really kind of the time
15· ·not -- I didn't really have too many -- I had maybe 15· ·line of bowl prep, and bowl prep on to the actual
16· ·one conversation with Coach Binns about kind of the 16· ·bowl game, bowl travel, I was on the drug test
17· ·climate at Iowa, the racial disparities.· I didn't 17· ·every -- so we got drug tested every week.· Bowl
18· ·have too many conversations with him. 18· ·prep is probably -- what? -- a month and some
19· · · · Q.· ·What did he say to you, if anything? 19· ·change.· So every week of that month, I was drug --
20· · · · A.· ·I don't recall.· I don't recall. 20· ·I was on the drug test -- or every couple weeks I
21· ·Nothing -- nothing glaring, you know.· Kind of -- 21· ·was on the drug -- I was drug tested like three or
22· ·you know, it was really kind of specified to kind 22· ·four times before the bowl game.· And I had never
23· ·of -- my conversations was about football, really, 23· ·failed one.· But I was on it back to back to back,
24· ·with him.· Because he played the same position. 24· ·without failing one.· And then drug tests are
25· ·We're kind of the same size.· So I kind of looked 25· ·supposed to be random.
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·1· ·at -- looked at him for that source to try to be a ·1· · · · Q.· ·What bowl game are you referring to?· Are
·2· ·better football player, not really kind of Iowa -- ·2· ·you referring to the Pinstripe Bowl in 2017 or the
·3· ·the Iowa climate. ·3· ·Outback Bowl on January 1st of 2019?
·4· · · · Q.· ·I'm not sure I'm understanding completely ·4· · · · A.· ·January 1st, 2019.
·5· ·what you and he talked about, Mr. Broderick Binns. ·5· · · · Q.· ·So you were tested either weekly or
·6· ·But you talked with him about football techniques ·6· ·biweekly leading up to the January 1st, 2019, bowl
·7· ·and ways of playing and his experiences and your ·7· ·game; is that correct?
·8· ·experiences in actually practicing and playing the ·8· · · · A.· ·Yes, sir.
·9· ·game; is that fair to say? ·9· · · · Q.· ·For what period of time, or was it a month
10· · · · A.· ·Yes.· Actually playing the game, yes. 10· ·or more?
11· · · · Q.· ·And less so did you talk with him about 11· · · · A.· ·A month -- a month and some change.
12· ·your complaints or grievances about any treatment 12· · · · Q.· ·Do you have personal knowledge about how
13· ·within the Iowa program?· You don't recall talking 13· ·players were selected for drug testing?
14· ·about that with Mr. Binns? 14· · · · A.· ·I was ...
15· · · · · · ·MS. HECKENKEMPER:· Object to form. 15· · · · · · ·(Discussion off the record.)
16· · · · Q.· ·(By Mr. Stone)· You may still answer. 16· · · · · · ·MR. STONE:· Excuse me.· We have somebody
17· · · · A.· ·(Inaudible.) 17· ·whose mic needs to be muted.
18· · · · Q.· ·We're having trouble hearing you, 18· · · · Q.· ·(By Mr. Stone)· All right.· Mr. Simon, let
19· ·Mr. Simon.· If you could speak up or -- 19· ·me go back to my question now that we've stopped the
20· · · · A.· ·Not often, sir.· Sorry. 20· ·interruption.· Do you have personal knowledge about
21· · · · Q.· ·Did you talk with Mr. Binns about your 21· ·how players were selected for drug testing?
22· ·grievances at any time, if you can recall? 22· · · · A.· ·Like I stated before, I was told that it
23· · · · A.· ·Yes, yes.· I definitely talked to him 23· ·was random.
24· ·about Coach Doyle and kind of just told me -- I 24· · · · Q.· ·Were you drug tested?
25· ·don't know. 25· · · · A.· ·Pardon?

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·1· · · · Q.· ·Were you drug tested? ·1· · · · Q.· ·Had you previously used marijuana other
·2· · · · A.· ·Yes. ·2· ·than the time that you tested positive in
·3· · · · Q.· ·And had you been drug tested in 2016 or ·3· ·approximately December of '18?
·4· ·2017? ·4· · · · A.· ·No.
·5· · · · A.· ·My -- when I first got there, I was drug ·5· · · · Q.· ·Had you ever attended any counseling
·6· ·tested maybe once or twice.· Once when I got ·6· ·sessions related to drug use at Iowa?
·7· ·there -- once when I got there and then in the off ·7· · · · A.· ·No.
·8· ·season.· So ... ·8· · · · Q.· ·Had any coaches ever talked to you
·9· · · · Q.· ·How about during the year 2017 leading ·9· ·previously about drug use at Iowa?
10· ·up -- before the Pinstripe Bowl, were you drug 10· · · · A.· ·No.
11· ·tested? 11· · · · Q.· ·Have you been sent a medical waiver by
12· · · · A.· ·Once. 12· ·anyone who's asked you to sign a medical waiver or
13· · · · Q.· ·And then in 2018 leading up to the Outback 13· ·release of information?
14· ·Bowl, you were drug tested either weekly or every 14· · · · A.· ·Yes.
15· ·other week; correct? 15· · · · Q.· ·Have you signed it and returned it?
16· · · · A.· ·Weekly, correct. 16· · · · A.· ·I believe so.
17· · · · Q.· ·What were the results of the drug tests 17· · · · Q.· ·I'm sorry?· I didn't hear you.
18· ·that you had? 18· · · · A.· ·I believe so.· I don't -- I don't recall,
19· · · · A.· ·They were all negative.· And then when I 19· ·but maybe.
20· ·got the call from Coach Ferentz regarding the -- 20· · · · Q.· ·Certainly you don't have any objection to
21· ·kind of our divorce, he stated that he did get a 21· ·providing access to your medical records, do you,
22· ·call from the drug test lady stating that I failed. 22· ·sir?
23· · · · · · ·And then my kind of response to that was, 23· · · · A.· ·No.· Not at all.
24· ·"I thought I got the call from the drug test lady 24· · · · Q.· ·Were you ever given discipline or have any
25· ·herself," you know. 25· ·consequences from a positive drug test, if you know?
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·1· · · · · · ·And he kind of went on a tangent about ·1· · · · A.· ·No.· I never -- I never failed one during
·2· ·that.· Yeah.· So I never actually received, you ·2· ·my kind of -- I was told that I failed, exiting the
·3· ·know, kind of lab tests or anything -- lab test ·3· ·door.· You know, kind of open the door for me, "By
·4· ·results from the actual drug test lady.· I just -- ·4· ·the way, you know, we want you to leave, and you
·5· ·Coach Ferentz called me, and then he told me, "Yeah, ·5· ·failed" -- I was told because I failed my Spanish
·6· ·you failed the drug test and, you know, kind of we ·6· ·course -- which I was, like, in Spanish 3.· It was
·7· ·don't think you're an Iowa guy.· We don't think" -- ·7· ·fluent.· You know, no excuse for failing Spanish,
·8· ·"We don't think this is working out.· I think you ·8· ·but, you know, I failed my Spanish course.· He told
·9· ·should find another school." ·9· ·me, "Yeah, you failed Spanish.· Got your drug
10· · · · Q.· ·What drugs were in your system? 10· ·test" -- "or, you know, you're this, you're that.
11· · · · A.· ·He said I failed marijuana, THC. 11· ·You're not an Iowa guy for us.· You know, you don't
12· · · · Q.· ·How many times had you failed drug tests, 12· ·fit the 'Iowa way.'"· And that led up to, you know,
13· ·if you know? 13· ·me putting myself in transfer portal, and that was
14· · · · A.· ·That was my first one.· And I never got a 14· ·that.
15· ·call from the drug test lady.· Usually the 15· · · · Q.· ·So the conversation about failing the
16· ·procedure, you know, from what I heard and recalled, 16· ·Spanish course and failing the drug test, that
17· ·was the drug test lady is supposed to call you.· And 17· ·occurred after the Outback Bowl of January 1st,
18· ·then you're supposed to notify, you know, Coach 18· ·2019; is that true?
19· ·Ferentz or your position coach.· I never got that 19· · · · A.· ·Yes.· It occurred -- yes -- on my way back
20· ·call from -- forgive me, but I forget her name, but 20· ·home.· So a day -- a day after we got back in town
21· ·I never got a call from that lady. 21· ·in Iowa City.
22· · · · Q.· ·Do you deny that you had smoked marijuana? 22· · · · Q.· ·And you were asked to meet with Coach Kirk
23· · · · A.· ·Around that time, yes, I do. 23· ·Ferentz?
24· · · · Q.· ·Had you ingested marijuana in any way? 24· · · · A.· ·We talked over the phone.
25· · · · A.· ·No. 25· · · · Q.· ·Okay.· How long did the conversation last?

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·1· · · · A.· ·I don't recall, sir. ·1· · · · A.· ·No.· But he would make comments during the
·2· · · · Q.· ·And he communicated to you that you had ·2· ·season about, you know, "Nobody wants you here.
·3· ·failed a Spanish course and that you had failed a ·3· ·Nobody likes you," little kind of sneaky comments
·4· ·drug test; correct? ·4· ·like that.
·5· · · · A.· ·Yes. ·5· · · · Q.· ·How about Coach Seth Wallace?· Did he ever
·6· · · · Q.· ·What did you tell him? ·6· ·talk to you about failing the Spanish course or your
·7· · · · A.· ·I had nothing, you know, really to say, ·7· ·positive drug test?
·8· ·besides, you know, "I understand your approach, and, ·8· · · · A.· ·No, sir.
·9· ·you know, thank you for the opportunity, you know, ·9· · · · Q.· ·Mr. Simon, in your answer to Interrogatory
10· ·that I was given, you know." 10· ·No. 23, it speaks to meeting with Liz Tovar, John
11· · · · Q.· ·And did you then decide after that 11· ·Bruno, and Broderick Binns in April of '18 or May of
12· ·conversation that you were going to transfer? 12· ·2018, and then it goes on to discuss what you talked
13· · · · A.· ·I had no choice, sir. 13· ·about, and it says, additionally, you explained that
14· · · · Q.· ·Did Coach Kirk Ferentz talk to you about 14· ·"black players were drug tested far more often than
15· ·transferring? 15· ·white players."· Did you have those conversations
16· · · · A.· ·Yes.· He thought that it'd, you know, be 16· ·with Liz Tovar, John Bruno, and Broderick Binns in
17· ·best.· He didn't kind of even kind of make it an 17· ·2018?
18· ·option.· Like, you know, kind of, "I believe you 18· · · · A.· ·Yes.
19· ·should, you know, find somewhere else to play." 19· · · · Q.· ·Why did you care about the drug testing in
20· · · · Q.· ·If you had decided to stay at Iowa and 20· ·2018 if you hadn't been any positive tests by that
21· ·compete during the spring 2019 and fall 2019, what 21· ·time?
22· ·did you understand would be -- did you understand 22· · · · A.· ·Because my black -- my black peers who
23· ·whether you'd have a scholarship? 23· ·were subjected to the -- to the constant drug
24· · · · A.· ·Can't -- I don't know.· The way the 24· ·testing, being on the drug test lists.· And it was
25· ·conversation ended, it didn't seem like it. 25· ·the disparity between black -- it was more -- it
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·1· · · · Q.· ·He was suggesting that a transfer would be ·1· ·was -- you see the same -- you'll see the same black
·2· ·your best option rather than to return to Iowa? ·2· ·players on the drug testing list, you know, and
·3· · · · A.· ·He said I didn't fit the Iowa mold, I ·3· ·it'll be a, you know, small percentage -- it was a
·4· ·wasn't an Iowa guy, and he wanted me to leave. ·4· ·disparity, sir.· It was a disparity.
·5· · · · Q.· ·Anything else you can recall about that ·5· · · · Q.· ·How --
·6· ·conversation with Kirk Ferentz? ·6· · · · A.· ·Definitely a noticeable disparity.
·7· · · · A.· ·No, sir.· Oh, besides him kind of wanting ·7· · · · Q.· ·How do you know that, Mr. Simon?
·8· ·me to leave kind of expeditiously.· Kind of he ·8· · · · A.· ·Because the lists came out.· You can read
·9· ·didn't want me to stay that following semester, that ·9· ·the list off.
10· ·spring semester.· He didn't want me to stay that 10· · · · Q.· ·The list came out of who had to show up
11· ·following semester and still be on scholarship and 11· ·for drug testing?
12· ·whatnot.· Kind of wanted me to -- he even mentioned 12· · · · A.· ·Yes, sir.
13· ·some schools that were interested. 13· · · · Q.· ·Now, you don't know anything about the
14· · · · Q.· ·What schools did he mention? 14· ·results of anyone other than yourself; correct?
15· · · · A.· ·I don't recall, sir. 15· · · · A.· ·Yes.
16· · · · Q.· ·Did Coach Doyle ever talk to you about the 16· · · · Q.· ·Do you recall when you decided to
17· ·positive drug test results or failing the Spanish 17· ·transfer, Mr. Simon?
18· ·course? 18· · · · A.· ·Shortly after I spoke to Coach Ferentz.
19· · · · A.· ·No, sir. 19· ·Maybe a few days after that conversation, I put
20· · · · Q.· ·Did Coach Doyle ever talk to you about 20· ·myself in the transfer portal.· Yeah.
21· ·transferring in 2019? 21· · · · Q.· ·Did you talk with any other coach, other
22· · · · A.· ·Not that I recall. 22· ·than Coach Kirk Ferentz, about transferring?
23· · · · Q.· ·How about Coach Brian Ferentz?· Did he 23· · · · A.· ·No, I did not.
24· ·ever talk to you about the positive drug test or the 24· · · · Q.· ·Let me share my screen here, Mr. Simon.
25· ·failing the Spanish course? 25· ·Can you see the screen?

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·1· · · · A.· ·Yes. ·1· · · · A.· ·No, no.
·2· · · · Q.· ·There's -- on the right-hand side, it said ·2· · · · Q.· ·Do you have tattoos, Mr. Simon?
·3· ·there's a January 14th, 2019, date.· Is this the ·3· · · · A.· ·I do.
·4· ·announcement of your decision to transfer? ·4· · · · Q.· ·Did Brian Ferentz ever say anything to you
·5· · · · A.· ·Yes, that is the announcement.· But around ·5· ·about tattoos?
·6· ·that time the rules changed where I could put myself ·6· · · · A.· ·No.
·7· ·in the transfer portal.· Before, you know, I didn't ·7· · · · Q.· ·Did Brian Ferentz ever say anything to you
·8· ·have to kind of do it.· I don't know the time line, ·8· ·about jewelry?
·9· ·whether I announced it first and then put myself in ·9· · · · A.· ·Yes.
10· ·the transfer portal or I put myself in the transfer 10· · · · Q.· ·Do you wear jewelry, Mr. Simon?
11· ·portal and then announced it.· So ... 11· · · · A.· ·Earrings occasionally.
12· · · · Q.· ·Had you talked with Coach Brian Ferentz, 12· · · · Q.· ·What, if anything, did Mr. Brian Ferentz
13· ·Coach Doyle, or Coach Seth Wallace at any time 13· ·say to you about jewelry?
14· ·before you made this announcement about whether you 14· · · · A.· ·He thought it was stupid; it looked
15· ·would transfer? 15· ·stupid.
16· · · · A.· ·No, I did not. 16· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
17· · · · Q.· ·Mr. Simon, you've graduated from Illinois 17· ·you about your clothing?
18· ·State; correct? 18· · · · A.· ·No.
19· · · · A.· ·Correct. 19· · · · Q.· ·Did Mr. Brian Ferentz ever say anything to
20· · · · Q.· ·What is your degree in? 20· ·you about the way that you speak or words that you
21· · · · A.· ·I have a university studies degree 21· ·used or you're speaking?
22· ·specified in business management and sociology. 22· · · · A.· ·No.
23· · · · Q.· ·What was your major at Iowa? 23· · · · Q.· ·Did Brian Ferentz ever say anything to you
24· · · · A.· ·It was enterprise leadership major in the 24· ·about the way that you walk?
25· ·school of business. 25· · · · A.· ·No.
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·1· · · · Q.· ·Were you academically eligible at all ·1· · · · Q.· ·Did Brian Ferentz ever mock or make fun of
·2· ·times when you participated at Iowa? ·2· ·you or ridicule you about your hair?
·3· · · · A.· ·I was. ·3· · · · A.· ·No.
·4· · · · Q.· ·What would the effect of the failing the ·4· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·5· ·Spanish course mean, if anything, Mr. Simon? ·5· ·you, or ridicule you about your tattoos?
·6· · · · A.· ·I was still eligible, sir. ·6· · · · A.· ·No.
·7· · · · Q.· ·When you left Iowa in January of 2019, do ·7· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
·8· ·you know about how much -- how many credits or how ·8· ·you, or ridicule you about your clothing?
·9· ·much study or how many semesters would be needed for ·9· · · · A.· ·Not that I know of.
10· ·you to graduate? 10· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
11· · · · A.· ·Maybe two semesters shy of graduating, 11· ·you, or ridicule you about your jewelry?
12· ·with me repeating that Spanish course.· So I 12· · · · A.· ·Said it looked stupid.
13· ·probably would have done that Spanish course in 13· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
14· ·either the following semester or the summer.· But by 14· ·you, or ridicule you about your -- the way that you
15· ·that fall, potentially the summer, I could have been 15· ·speak or your diction?
16· ·done, depending on, you know, how many credits I 16· · · · A.· ·No, sir.
17· ·took each semester. 17· · · · Q.· ·Did Brian Ferentz ever mock, make fun of
18· · · · Q.· ·Did you travel to the Outback Bowl on 18· ·you, or ridicule you about the way that you walked?
19· ·January 1st of 2019, or did you not? 19· · · · A.· ·No, sir.
20· · · · A.· ·I traveled, yes, sir.· But I did not 20· · · · Q.· ·Same questions with respect to Mr. Seth
21· ·dress. 21· ·Wallace.· Did Seth Wallace ever say anything to you
22· · · · Q.· ·Did Coach Brian Ferentz ever say anything 22· ·about your hair?
23· ·to you about your hair that you can recall? 23· · · · A.· ·No, not to me specifically.
24· · · · A.· ·No. 24· · · · Q.· ·Did Seth Wallace ever say anything to you
25· · · · Q.· ·Did -- 25· ·about your tattoos?

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·1· · · · A.· ·Yeah, he actually did.· He asked me how ·1· ·backs room when he was the running backs coach.
·2· ·much everything cost.· He asked me if we thought -- ·2· · · · Q.· ·You were not there; correct?
·3· ·you know, yeah, just that's -- he asked the pricing ·3· · · · A.· ·I was not there.
·4· ·of -- ·4· · · · Q.· ·Okay.· And so whatever you've been told is
·5· · · · Q.· ·Anything else that you can recall that ·5· ·somebody else told you something?
·6· ·Seth Wallace asked you about your tattoos? ·6· · · · A.· ·Yes.
·7· · · · A.· ·No. ·7· · · · Q.· ·Did Brian Ferentz ever say anything about
·8· · · · Q.· ·Did Seth Wallace ever say anything to you ·8· ·"you're not smart" or that you're -- "should go back
·9· ·about your clothing? ·9· ·to the ghetto"?· Any words like that from Brian
10· · · · A.· ·No.· No. 10· ·Ferentz?
11· · · · Q.· ·Did Seth Wallace ever say anything to you 11· · · · A.· ·Yeah.· He would -- he would call me stupid
12· ·about jewelry? 12· ·and dumb, idiot, and other synonyms.
13· · · · A.· ·No. 13· · · · Q.· ·In your -- let me ask you to take a look
14· · · · Q.· ·Did Seth Wallace ever say anything to you 14· ·at Interrogatory No. 8, Mr. Simon, of your -- which
15· ·about the way that you speak or your diction? 15· ·is part of this exhibit.· I believe the number's 84.
16· · · · A.· ·No. 16· ·Turning your attention to Interrogatory No. 8 of
17· · · · Q.· ·Did Seth Wallace ever say anything to you 17· ·Exhibit 84, and I'm going to give you a chance to
18· ·about the way that you walk? 18· ·read it to yourself, and then when you're done,
19· · · · A.· ·No. 19· ·we'll scroll through to the next page, and you can
20· · · · Q.· ·Did Seth Wallace ever mock, make fun of 20· ·finish that page too.· Will you tell me when you've
21· ·you, or ridicule you about your hair? 21· ·had a chance to review it?
22· · · · A.· ·No, sir. 22· · · · A.· ·Could you share --
23· · · · Q.· ·Did Seth Wallace ever mock, make fun of 23· · · · · · ·MS. HECKENKEMPER:· Mr. Stone --
24· ·you, or ridicule you about your tattoos? 24· · · · A.· ·-- your screen.
25· · · · A.· ·No, sir. 25· · · · · · ·MS. HECKENKEMPER:· -- your share's not --
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·1· · · · Q.· ·Did Seth Wallace ever mock, make fun of ·1· ·or your screen is not shared.
·2· ·you, or ridicule you about your clothing? ·2· · · · · · ·MR. STONE:· I'm sorry.· Thank you.
·3· · · · A.· ·No, sir. ·3· · · · Q.· ·(By Mr. Stone)· Have I now put before you
·4· · · · Q.· ·Did Seth Wallace ever mock, make fun of ·4· ·your answer to Interrogatory No. 8 to Exhibit 84 on
·5· ·you, or ridicule you about your jewelry? ·5· ·the screen?
·6· · · · A.· ·No, sir. ·6· · · · A.· ·Yes.
·7· · · · Q.· ·Did Seth Wallace ever mock, make fun of ·7· · · · Q.· ·Okay.· Why don't you take a minute and
·8· ·you, or ridicule you about your diction or the way ·8· ·take whatever time you need to review it.
·9· ·that you speak? ·9· · · · A.· ·(Witness complies.)
10· · · · A.· ·No, sir. 10· · · · · · ·Okay.· You can scroll.
11· · · · Q.· ·Did Seth Wallace ever mock, make fun of 11· · · · · · ·Finished.
12· ·you, or ridicule you about the way that you walk? 12· · · · Q.· ·All right.· You would agree with me that
13· · · · A.· ·No, sir. 13· ·there's nothing in the answer to Interrogatory No. 8
14· · · · Q.· ·Did Brian Ferentz ever use the N-word 14· ·that relates to Mr. Seth Wallace; correct?
15· ·directed to you? 15· · · · A.· ·No.
16· · · · A.· ·No. 16· · · · Q.· ·And the first sentence of the answer talks
17· · · · Q.· ·Did Brian Ferentz ever say, "What gang are 17· ·about Chris Doyle and Brian Ferentz mocking, making
18· ·you in?" or "What's your gang affiliation?" or 18· ·fun of you, and ridiculing black players, including
19· ·anything like that? 19· ·you.· And you and I have covered that with respect
20· · · · A.· ·No. 20· ·to Brian Ferentz; correct?
21· · · · Q.· ·Did Brian Ferentz ever call you a "dumbass 21· · · · A.· ·Correct.
22· ·black player" or use any racial epithet or name to 22· · · · Q.· ·Did you ever go to Brian Ferentz to make
23· ·you? 23· ·any complaints to him about your grievances or the
24· · · · A.· ·Yeah.· He -- not directly to my face, but 24· ·way you say you were treated?
25· ·it was overheard in the running back -- running 25· · · · A.· ·No, sir.

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·1· · · · Q.· ·Did you ever go to Seth Wallace to say any ·1· ·blatant -- blatant acts of bigotry.
·2· ·grievances or to complain about the way you were ·2· · · · Q.· ·Do you have an idea of when you say the
·3· ·treated? ·3· ·meeting was with Coach Doyle when you talked with
·4· · · · A.· ·No, sir. ·4· ·him about nutrition and football and anxiety and
·5· · · · Q.· ·How about Kirk Ferentz?· Did you ever go ·5· ·other issues?
·6· ·to Kirk Ferentz to talk to him about your complaints ·6· · · · A.· ·It was early on.
·7· ·or grievances about the way you say you were ·7· · · · Q.· ·Was it during your first year on campus?
·8· ·treated? ·8· · · · A.· ·I can't recall.· But it was early.
·9· · · · A.· ·Can't really pinpoint, no. ·9· · · · Q.· ·Have you told me everything you can recall
10· · · · Q.· ·I'm sorry.· I just didn't hear you, 10· ·about your session with Coach Doyle when you went to
11· ·Mr. Simon.· If you'd speak up. 11· ·him to talk about subjects of nutrition and playing
12· · · · A.· ·No. 12· ·and anxiety and so on?
13· · · · Q.· ·Did you ever go to Coach Chris Doyle to 13· · · · A.· ·Yes.
14· ·complain to him about your grievances or the way you 14· · · · Q.· ·Did you talk with Coach Chris White?
15· ·say you were treated? 15· · · · A.· ·No.
16· · · · A.· ·We spoke regarding -- yes.· I could say 16· · · · Q.· ·Did you talk with Coach Raimond
17· ·yes. 17· ·Braithwaite?
18· · · · Q.· ·Okay.· When did you talk to Chris Doyle, 18· · · · A.· ·No.
19· ·if you recall? 19· · · · Q.· ·Did you talk with Coach Reese Morgan?
20· · · · A.· ·We had -- every year we have a -- your 20· · · · A.· ·Coach Reese Morgan is a hell of a guy. I
21· ·kind of end-of-year meeting, you know, and we spoke 21· ·never kind of really -- Coach Reese Morgan knew, you
22· ·regarding -- regarding -- can't really specify too 22· ·know, kind of, you know, what I was going through.
23· ·much, but we definitely spoke regarding the topics 23· ·So there was no kind of necessary need to -- he's my
24· ·mentioned. 24· ·coach.· So I didn't really -- you know, I was just
25· · · · Q.· ·Did you do this more than once with Coach 25· ·worried about football, you know, the game, and kind
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·1· ·Doyle? ·1· ·of not the ulterior kind of stuff, the surface
·2· · · · A.· ·No, it wasn't. ·2· ·level, you know.
·3· · · · Q.· ·And it was during a year-end meeting? ·3· · · · Q.· ·Well, what did you talk to Coach Reese
·4· · · · A.· ·Yes.· Check-out meetings. ·4· ·Morgan about with respect to any grievances that you
·5· · · · Q.· ·And when did those occur, Mr. Simon? ·5· ·had with the program or with any other coach or any
·6· ·What -- ·6· ·way that you had been treated?· Did you have any
·7· · · · A.· ·I can't -- ·7· ·such conversations with Coach Morgan?
·8· · · · Q.· ·-- time of the year? ·8· · · · A.· ·No.
·9· · · · A.· ·Can't recall. ·9· · · · Q.· ·How about with respect to Kelvin Bell?
10· · · · Q.· ·Was it after the -- I'm sorry? 10· ·Did you talk with Coach Kelvin Bell about any
11· · · · A.· ·Yeah, I can't recall. 11· ·grievances or comments or problems or the way that
12· · · · Q.· ·Was it after the bowl games in those 12· ·you were treated?
13· ·years, or was it after spring practice and before 13· · · · A.· ·Yes.
14· ·the summer, or was it at the start of the season? 14· · · · Q.· ·When did you talk with Coach Bell?
15· ·Or what do you recall about when they occurred? 15· · · · A.· ·Throughout my tenure.· And his kind of
16· · · · A.· ·I can't recall, sir.· I don't know. 16· ·constant -- constant feedback was kind of just being
17· · · · Q.· ·What do you recall telling Coach Doyle? 17· ·adaptable, you know.
18· · · · A.· ·Just how kind of my anxiety kind of 18· · · · Q.· ·What do you mean, Mr. Simon?
19· ·heightened since kind of coming to Iowa.· I remember 19· · · · A.· ·Adapting to the Iowa culture, "Iowa way."
20· ·just feeling real anxious, you know.· Like, one 20· · · · Q.· ·Can you recall anything that you told
21· ·wrong move I get, you know, kind of snapped on. 21· ·Kelvin Bell specifically?
22· ·And, you know, just kind of figuring out, you know, 22· · · · A.· ·No.
23· ·better approaches to the game of weightlifting, 23· · · · Q.· ·Other than being adaptable, do you recall
24· ·sleeping, nutrition.· That's kind of that talk.· But 24· ·anything that Kelvin Bell told you or advice that he
25· ·I believe that conversation was before those 25· ·gave you?

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·1· · · · A.· ·No. ·1· ·know, the team needs you.
·2· · · · Q.· ·Did you have any conversations with Coach ·2· · · · · · ·That 2018 year I was practicing with the
·3· ·Phil Parker about any grievances or complaints or ·3· ·two-deep, you know.· I wasn't afforded those
·4· ·treatment that you say you had received? ·4· ·opportunities to dress for home games -- probably
·5· · · · A.· ·No.· No, sir. ·5· ·dressed maybe one or two home games that season --
·6· · · · Q.· ·As you sit here today, can you recall ·6· ·and then also travel to away games, whatnot.
·7· ·talking to any other coaches that you and I have not ·7· · · · Q.· ·Did you travel -- I'm sorry.· Were you
·8· ·talked about? ·8· ·finished?
·9· · · · A.· ·Not necessarily, no. ·9· · · · A.· ·Yes.
10· · · · Q.· ·Had you received any discipline or 10· · · · Q.· ·Did you travel to any away home [sic]
11· ·punishments during the time that you were 11· ·games in 2018, if you recall?
12· ·participating in the Iowa football program? 12· · · · A.· ·I never -- I never traveled to any
13· · · · A.· ·Yes. 13· ·games -- away games throughout my tenure at Iowa.
14· · · · Q.· ·Describe what you received. 14· · · · Q.· ·Do you have any records or emails or
15· · · · A.· ·Weighing in every day, waking up an 15· ·communications of complaints or problems related to
16· ·hour before I'm -- or a couple hours before I'm 16· ·racial discrimination in the Iowa football program
17· ·supposed to be there, getting weighed in, being the 17· ·at any time before the death of George Floyd about
18· ·only player to get weighed in every day.· I was 18· ·May 26th of 2020?
19· ·prevented from eating at the training table a few 19· · · · A.· ·No.· Emails?· I don't recall.· I don't
20· ·occasions, not being able to dress for home games, 20· ·recall, actually.· I don't recall.
21· ·which is kind of -- everybody's able to dress for 21· · · · Q.· ·Do you have any social media postings
22· ·home games.· Yeah.· That's about it. 22· ·about any complaints or alleged treatment you
23· · · · Q.· ·Anything else that you can recall that you 23· ·received at the Iowa football program before the
24· ·considered a punishment or a discipline? 24· ·date of the death of George Floyd on about May 26th
25· · · · A.· ·No. 25· ·of 2020?
Page 83 Page 85
·1· · · · Q.· ·Were any of those punishments or ·1· · · · A.· ·I don't know.
·2· ·disciplines issued to you by Coach Brian Ferentz? ·2· · · · Q.· ·I have before you -- and can you see it on
·3· · · · A.· ·No, sir. ·3· ·the screen, Mr. Simon, your answer to Interrogatory
·4· · · · Q.· ·Were any of those punishments or ·4· ·No. 8?
·5· ·disciplines issued to you by Coach Seth Wallace? ·5· · · · A.· ·Yes.
·6· · · · A.· ·No, sir. ·6· · · · Q.· ·It says -- in the middle of that answer on
·7· · · · Q.· ·Were any of those punishments or ·7· ·page 7, it says, "On multiple occasions, Defendant
·8· ·disciplines issued to you by Coach Chris Doyle? ·8· ·Doyle told Plaintiff Simon to 'I'll send you back to
·9· · · · A.· ·Yes, sir. ·9· ·the streets.'"· Do you see that?
10· · · · Q.· ·Which ones? 10· · · · A.· ·Yes.
11· · · · A.· ·The weigh -- weighing in daily.· I would 11· · · · Q.· ·Now, in your previous answers, you had --
12· ·also like to, you know, say he prevented me from 12· ·and we can look at them, if you'd like to, but you
13· ·dressing at home games too, alongside Coach Ferentz, 13· ·had used the word "hood" and "ghetto."· And I
14· ·but I'm assuming Coach Doyle had a big voice. 14· ·understand that you now have amended your answers to
15· · · · Q.· ·How were those decisions made, if you 15· ·strike that word; is that correct?
16· ·know? 16· · · · A.· ·Yes.· "I'll send you back to the streets"
17· · · · A.· ·I don't know. 17· ·was what he said verbatim.
18· · · · Q.· ·What, if anything -- 18· · · · Q.· ·Okay.· And you're not here to tell us
19· · · · A.· ·Actually, if you practice with the 19· ·under oath today that Mr. Doyle ever said that he
20· ·two-deep, you know, you usually able -- you know, 20· ·would send you back to the hood or back to a ghetto?
21· ·you start on special teams, you practice 21· ·He didn't use those words, did he?
22· ·offense/defense side of ball, you're practicing -- 22· · · · A.· ·I think those are just similar terms, but
23· ·you're in two-deep, you know, rotating with the 23· ·"streets" is what he used.
24· ·two-deep.· You're in the two-deep.· You're on 24· · · · Q.· ·Okay.· And just so the record's clear, he
25· ·special teams.· You know, you're a traveler.· You 25· ·didn't use the word "hood" or "ghetto" with respect

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·1· ·to you, and you say he used the word "streets"; ·1· · · · Q.· ·Was it important to you, Mr. Simon?· Were
·2· ·correct? ·2· ·you -- consider that an important issue?
·3· · · · A.· ·Yes. ·3· · · · A.· ·Yes.
·4· · · · Q.· ·Coach Doyle never used the N-word with ·4· · · · Q.· ·Were you politically active in any way,
·5· ·respect to you, did he? ·5· ·Mr. Simon?
·6· · · · A.· ·No. ·6· · · · A.· ·No.
·7· · · · Q.· ·He didn't say "gang member" or "What gang ·7· · · · Q.· ·Did you vote, Mr. Simon?
·8· ·is he in?" or any words related to gang affiliation, ·8· · · · A.· ·Yes, I did.
·9· ·did he? ·9· · · · Q.· ·Did you vote in Iowa City, or did you vote
10· · · · A.· ·No. 10· ·back in Newark?
11· · · · Q.· ·Did Coach Doyle ever use any racial slur 11· · · · A.· ·I did an absentee.· No.· Actually, no.
12· ·or epithet or name to you other than this statement 12· ·Actually, no.· I voted in Iowa, yeah.· Voted in Iowa
13· ·"I'll send you back to the streets," if you can 13· ·that year.· 2016, Hillary versus Trump.· Yeah, I
14· ·recall? 14· ·voted in --
15· · · · A.· ·Besides him kind of constantly singling 15· · · · Q.· ·All right.· So you registered in Iowa and
16· ·black players to be either dumb, stupid -- you know, 16· ·you voted?
17· ·kind of throwing those terminologies out, no. 17· · · · A.· ·Yes, sir.
18· · · · Q.· ·Just so that we're clear, Mr. Simon, 18· · · · Q.· ·Did you participate in any political
19· ·Mr. Doyle didn't use a racial epithet, name, or slur 19· ·rallies or activities at any time?
20· ·directed at you personally, except for this 20· · · · A.· ·No.
21· ·reference to "I'll send you back to the streets," at 21· · · · Q.· ·Did you consider that you were able to,
22· ·any time during your participation in the Iowa 22· ·that if you wanted to go hear Hillary or go hear
23· ·football program, did he? 23· ·another candidate, that you could do so?
24· · · · A.· ·No. 24· · · · · · ·MS. HECKENKEMPER:· Object to form.
25· · · · Q.· ·Mr. Simon, there are some allegations in 25· · · · Q.· ·(By Mr. Stone)· Go ahead, Mr. Simon.· You
Page 87 Page 89
·1· ·the complaint about presentation of a jersey to ·1· ·may answer.
·2· ·then-candidate Trump -- or, I guess, the complaint ·2· · · · A.· ·Yeah.
·3· ·calls him President Trump -- and talks about Colin ·3· · · · Q.· ·Do you know anyone who was punished or
·4· ·Kaepernick kneeling and comments from President ·4· ·received discipline in the Iowa football program for
·5· ·Trump about NFL players and calling them SOBs.· Are ·5· ·any political involvement or activities?
·6· ·you aware of those allegations? ·6· · · · A.· ·I don't know.
·7· · · · A.· ·Loosely. ·7· · · · Q.· ·Did you ever complain to anyone about the
·8· · · · Q.· ·Was that of importance to you when you ·8· ·presentation of a jersey that had a Hawkeye name or
·9· ·were at the University of Iowa, about kneeling for ·9· ·emblem on it to candidate Trump at any time?
10· ·the national anthem?· Did you ever say anything to 10· · · · A.· ·That was the year before I got there.
11· ·any coach or make any comments to any coach about 11· · · · Q.· ·Do you have any evidence to support an
12· ·kneeling for the national anthem? 12· ·allegation that Brian Ferentz, through instructions
13· · · · · · ·MS. HECKENKEMPER:· Object to form. 13· ·from Kirk Ferentz, was told to harass and
14· · · · Q.· ·(By Mr. Stone)· Well, let me break it down 14· ·discriminate against African Americans continuously?
15· ·for you, Mr. Simon.· What coach, if any, did you 15· ·Do you have any evidence to support that statement?
16· ·make any complaint or grievance to about kneeling 16· · · · A.· ·I don't have evidence, no.
17· ·for the national anthem? 17· · · · Q.· ·Mr. Simon, did you have names that you
18· · · · A.· ·I didn't.· But I think that same year they 18· ·used on social media or Facebook or Instagram or
19· ·started doing that -- or the year I transferred out 19· ·other social media apps during the time you were at
20· ·they kind of started doing that, you know, kneeling 20· ·the Iowa football program?
21· ·and -- so I was already gone, sir. 21· · · · A.· ·I don't understand your question, sir.
22· · · · Q.· ·Yeah.· At any time do you remember making 22· · · · Q.· ·I'm trying to find out what names I could
23· ·any complaints to anyone about standing for the 23· ·look for on social media where I might find things
24· ·national anthem? 24· ·that you had written.· Do you know what names or
25· · · · A.· ·No. 25· ·addresses you had, Mr. Simon?

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·1· · · · A.· ·At the time Twitter -- we couldn't use ·1· ·fall --
·2· ·Twitter.· So -- ·2· · · · A.· ·I wasn't hurt -- I mean I wasn't hurt. I
·3· · · · Q.· ·Okay.· Did you -- ·3· ·was injured.· I was injured.
·4· · · · A.· ·-- I wasn't Tweeting. ·4· · · · Q.· ·Okay.· And you were injured in the third
·5· · · · Q.· ·Did you use any other social media during ·5· ·game of the fall of 2021 season?
·6· ·the time you were in the Iowa program, Mr. Simon? ·6· · · · A.· ·Yes, sir.
·7· · · · A.· ·Instagram occasionally. ·7· · · · Q.· ·Did you --
·8· · · · Q.· ·And what was your name on Instagram? ·8· · · · A.· ·And I got my degree 2020 of December, so
·9· · · · A.· ·I don't recall. ·9· ·that winter -- or that fall -- fall semester --
10· · · · Q.· ·Did you use anything besides Instagram? 10· · · · Q.· ·Okay.
11· · · · A.· ·No. 11· · · · A.· ·-- 2020.
12· · · · Q.· ·Did you ever hear Coach Kirk Ferentz use 12· · · · Q.· ·That's what I want to ask you, Mr. Simon.
13· ·the N-word? 13· ·When did you graduate from Illinois State?
14· · · · A.· ·No. 14· · · · A.· ·The winter of 2020, December of 2020.
15· · · · Q.· ·Did you ever hear him refer to gang 15· · · · Q.· ·Okay.· So you transferred in January of
16· ·members or gang affiliation or gangs of any kind? 16· ·'19 to Illinois State, and you completed your
17· · · · A.· ·Yes.· I remember when -- forgive me.· It 17· ·studies and earned your bachelor's degree in
18· ·was Toren Young, Amani Hooker, and other people -- I 18· ·December of 2020 from Illinois State; fair
19· ·think it was some other people in that picture, and 19· ·statement?
20· ·he told them to take it down.· I think Amani Hooker 20· · · · A.· ·Correct, correct.
21· ·posted it.· There was like four or five of them -- 21· · · · Q.· ·And then you still had a year of
22· ·maybe under four -- it was definitely -- it wasn't 22· ·eligibility to play in 2021, and you were injured in
23· ·over five.· And they posted a picture, and I think 23· ·the third game and unable to compete after that?
24· ·he called Amani Hooker, and, you know, he was like, 24· · · · A.· ·Yes.· Because I was in the FCS, and we got
25· ·"What image do you think our elderly are going to 25· ·that COVID year.· Our season personally was
Page 91 Page 93
·1· ·think?· You know, they're going to kind of assume ·1· ·canceled.· We actually had a spring season, which
·2· ·you're in a gang." ·2· ·was also canceled.· We played four out of eight
·3· · · · · · ·You know, he -- it was definitely a ·3· ·games there, and it was canceled -- the fourth game
·4· ·racial -- it was racial tone in that conversation as ·4· ·in the season in spring was canceled.· And then that
·5· ·far as he used, you know, "gang" -- or "he looks ·5· ·same year I had the fall season, and that third game
·6· ·like a gang or a mob picture," and he told him to ·6· ·I was -- got injured.
·7· ·take it down. ·7· · · · Q.· ·Do you have any personal knowledge of
·8· · · · Q.· ·So were you present during that ·8· ·whether Brian Ferentz, Seth Wallace, or Chris Doyle
·9· ·conversation? ·9· ·have talked to any potential employers of you about
10· · · · A.· ·I was not present, no. 10· ·your prospects for employment?
11· · · · Q.· ·So somebody told you about what Kirk 11· · · · A.· ·No.
12· ·Ferentz allegedly said; correct? 12· · · · Q.· ·Same question, essentially, but do you
13· · · · A.· ·Yes. 13· ·know of any disparagement or comments made by Coach
14· · · · Q.· ·And that -- who was that person that told 14· ·Brian Ferentz or Coach Chris Doyle or Coach Seth
15· ·you what Kirk Ferentz allegedly said? 15· ·Wallace about you in any way that may have affected
16· · · · A.· ·I don't recall specifically who told me. 16· ·your employment?
17· · · · Q.· ·Are you currently employed, Mr. Simon? 17· · · · A.· ·No, sir.
18· · · · A.· ·No.· I'm unemployed. 18· · · · Q.· ·Have you been involved in any other
19· · · · Q.· ·When did you complete your studies at 19· ·lawsuits, Mr. Simon?
20· ·Illinois State? 20· · · · A.· ·No.
21· · · · A.· ·So I was just there not this spring 21· · · · Q.· ·Do you have any criminal record?
22· ·semester, but that fall semester I was there.· I got 22· · · · A.· ·No.
23· ·hurt third game.· So -- and that was the last year 23· · · · Q.· ·How have you been injured or how did you
24· ·of my eligibility. 24· ·say you have been injured by your participation in
25· · · · Q.· ·You were hurt in the third game in the 25· ·the Iowa football program, if you say that you have

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·1· ·been injured? ·1· ·your recollection?
·2· · · · A.· ·I was never injured.· I was hurt, banged ·2· · · · A.· ·Yeah.
·3· ·up, never injured. ·3· · · · Q.· ·And then when did you start talking to
·4· · · · Q.· ·You mentioned in your answers to ·4· ·Dr. McMillan after COVID started?
·5· ·interrogatories of seeing a Dr. Titus S. McMillan -- ·5· · · · A.· ·June.· June.
·6· · · · A.· ·Yes, sir. ·6· · · · Q.· ·June of 2020?
·7· · · · Q.· ·-- is that correct? ·7· · · · A.· ·Yeah.
·8· · · · A.· ·In New Jersey. ·8· · · · Q.· ·What was your reason for beginning to talk
·9· · · · Q.· ·And you say you sought care in 2020 and ·9· ·to Dr. McMillan after June of 2020?
10· ·2021; is that right? 10· · · · A.· ·Because of kind of the racial tension that
11· · · · A.· ·Yes. 11· ·I received at Iowa, kind of built anxiety in myself.
12· · · · Q.· ·When did you start seeing Dr. McMillan? 12· ·I was unsure of myself.· You know, I didn't -- I
13· · · · A.· ·After I transferred to Iowa [sic]. 13· ·wasn't confident, you know, and I had to kind of
14· · · · Q.· ·I'm sorry?· I just didn't hear you. 14· ·get -- seek help for being sure of who I was and,
15· · · · A.· ·Leading into my transition from 15· ·you know, being confident in myself to play football
16· ·transferring from Iowa to Illinois State. 16· ·at a high altitude.· Yeah.
17· · · · Q.· ·You transferred to Illinois State in 2019; 17· · · · Q.· ·Is Mr. McMillan -- or Dr. McMillan, is he
18· ·correct? 18· ·a sports psychologist?· Do you know?
19· · · · A.· ·Yeah. 19· · · · A.· ·No, he was not a sports --
20· · · · Q.· ·And then you started to see Dr. McMillan 20· · · · Q.· ·Did he prescribe any medication for you?
21· ·in 2020; is that correct? 21· · · · A.· ·No.
22· · · · A.· ·Yeah. 22· · · · Q.· ·What did his treatment with you consist
23· · · · Q.· ·When did you see Dr. McMillan in 2020? 23· ·of?
24· · · · A.· ·I don't recall the actual dates.· But it 24· · · · A.· ·Reflection, kind of not looking in the
25· ·was over Zoom. 25· ·past so much -- living in the past, you know.· It
Page 95 Page 97
·1· · · · Q.· ·What kind of doctor is Dr. McMillan, if ·1· ·was more like a mentorship, you know.· It's like
·2· ·you know? ·2· ·a -- that was exactly what it was, you know.
·3· · · · A.· ·Psych -- psychiatric help, psychologist. ·3· · · · Q.· ·How long did you --
·4· · · · Q.· ·Did you start seeing him before the ·4· · · · A.· ·A mental coach.
·5· ·lawsuit was filed, if you know? ·5· · · · Q.· ·I'm sorry?
·6· · · · A.· ·Yes, yes. ·6· · · · A.· ·Just -- you know, he just kind of -- you
·7· · · · Q.· ·Did you start -- did you start seeing him ·7· ·know, it was enlightening conversations, you know.
·8· ·after George Floyd's death, if you know? ·8· · · · Q.· ·So he was helpful to you?
·9· · · · A.· ·I don't -- I don't know the time line of ·9· · · · A.· ·He was very helpful, yes.
10· ·George Floyd's death. 10· · · · Q.· ·Are you still under his care?
11· · · · Q.· ·How many times did you talk to 11· · · · A.· ·No, I'm not currently.
12· ·Dr. McMillan over Zoom? 12· · · · Q.· ·When did you stop communicating with
13· · · · A.· ·Twice a week. 13· ·Dr. McMillan?
14· · · · Q.· ·For how long? 14· · · · A.· ·Leading up to that -- my spring season.
15· · · · A.· ·For -- the end of that year, really, up 15· ·Yeah, leading up to my spring season.
16· ·until my -- my first season with Illinois State, not 16· · · · Q.· ·The spring season of 2021?
17· ·talking -- I started talking to him after COVID. 17· · · · A.· ·Correct.· Correct.
18· ·Yeah, so two different kind of stints and sessions 18· · · · Q.· ·Is it fair to say you were looking for
19· ·with him. 19· ·encouragement and help as you prepared for your
20· · · · Q.· ·When was the first one again, Mr. Simon? 20· ·final college season at Illinois State?
21· · · · A.· ·January 2020, I guess. 21· · · · A.· ·Yeah.
22· · · · Q.· ·Okay.· And then you talked with him again 22· · · · Q.· ·And he helped you regain the confidence
23· ·after COVID started, which my understanding is that 23· ·that you wanted in order to participate at the
24· ·the declaration of the national emergency of COVID 24· ·collegiate football level in the season of 2021;
25· ·was March 13th of 2020.· Is that consistent with 25· ·correct?

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·1· · · · A.· ·He did. ·1· · · · · · · · · C E R T I F I C A T E
·2· · · · Q.· ·Have you had any reason to go back to him ·2· · · · I, the undersigned, a Certified Shorthand
·3· ·after you completed your participation in the '20 to ·3· ·Reporter of the State of Iowa, do hereby certify
·4· ·'21 season?
·5· · · · A.· ·Yes, actually.· But I just, you know, kind
·6· ·of utilized his methods, you know, and stuff.
·7· · · · Q.· ·Have you resumed your treatment with
·8· ·Dr. McMillan after the '20-'21 season?
·9· · · · A.· ·No, sir.
10· · · · Q.· ·How many times did you visit with him,
11· ·approximately, if you can recall, Mr. Simon?
12· · · · A.· ·How many total visits? 13· ·deposition is a true record of the testimony given
13· · · · Q.· ·Yes, if you can recall. 14· ·and of all objections interposed.
14· · · · A.· ·I don't recall.· If we do three days out 15· · · · I further certify that I am neither attorney or
15· ·the week times, you know -- or two days times, you 16· ·counsel for, nor related to or employed by any of
16· ·know, however many months or weeks of the year -- it 17· ·the parties to the action in which this deposition
17· ·was a good -- I don't recall. 18· ·is taken, and further that I am not a relative or
18· · · · Q.· ·Okay.· Thank you. 19· ·employee of any attorney or counsel employed by the
19· · · · · · ·MR. STONE:· Jessi, could you put our group 20· ·parties hereto or financially interested in the
20· ·into a break room again.· We'll take about a five- 21· ·action.
21· ·or ten-minute break, and then we'll be back and talk 22· · · · Dated this 30th day of June 2022.
22· ·about what we're going to do about finishing this up 23
23· ·and about lunch.· So thank you. · · · · · · · · · · · · · ·____________________________
24· · · · · · ·THE VIDEOGRAPHER:· Okay.· We will go off 24· · · · · · · · · · · · ·CERTIFIED SHORTHAND REPORTER
25· ·the record at 11:44.· We're off the record. 25
Page 99 Page 101

·1· · · · · · ·(A brief recess was taken.) ·1· ·AKRUM WADLEY, ET AL. VS. UNIVERSITY OF IOWA, ET AL.
·2· · · · · · · · · · · BRANDON SIMON
·2· · · · · · ·THE VIDEOGRAPHER:· Back on the record at
·3· · · · · · · · · · · · ·6/20/22
·3· ·11:58. ·4· · · · · · · · · ·WITNESS ERRATA SHEET
·4· · · · · · ·MR. STONE:· We have no other questions. ·5· ·Indicate changes you want to make below, including
·5· · · · · · ·MS. HECKENKEMPER:· The only thing I wanted · · ·page number, line number, the text as shown in the
·6· ·to ask is -- you mentioned a supposed failed drug
·7· ·test earlier, and I just wanted to point out that if ·7· ·Smith to Smythe, incorrect spelling.
·8· ·there is one, we haven't received it.· So if Iowa ·8· ·Page· ·Line· ·Change what to what· · · Reason
·9· ·has that, we would just ask that that be produced. · · ·____________________________________________________
·9
10· ·But I don't have any questions of the witness.
10
11· · · · · · ·MR. STONE:· Okay.· And we don't have your 11
12· ·medical waiver. 12
13· · · · · · ·MS. HECKENKEMPER:· Okay.· We'll get those 13
14· ·over to you.· I'm sorry.· We -- that was an 14
15
15· ·oversight. 16
16· · · · · · ·MR. STONE:· Okay.· All right.· Thank you. 17· ·I have read my examination under oath and have noted
17· · · · · · ·All right, Mr. Simon.· Thank you for your · · ·any changes I wish to make to it above.· Signed and
18· ·participation, and we're finished for the day. 18· ·dated this ____ day of _________, 2022.
19
19· · · · · · ·THE WITNESS:· All right.· Thank you,
· · ·_____________________
20· ·Mr. Stone. 20· · ·WITNESS SIGNATURE
21· · · · · · ·MR. STONE:· Yes. 21
22· · · · · · ·THE VIDEOGRAPHER:· This concludes the 22· ·I witness the above signature on the ____ day of
23· ·_________, 2022.
23· ·video deposition of Brandon Simon.· We are going off
24
24· ·the record at 11:59.· We're off the record. · · ·_____________________

Doyle Appx. 424

·3· ·- - - - - - - - - - - - - - - -
·5· ·and JAVON FOY,· · · · · · · · :
· · · · · · · · · · · · · · · · · ·:
·6· · · · · ·Plaintiffs,· · · · · ·:
· · ·vs.· · · · · · · · · · · · · ·: Case No.
·7· · · · · · · · · · · · · · · · ·: 4:20-cv-00366
· · · · · · · · · · · · · · · · · ·:
· · ·REGENTS FOR THE STATE OF IOWA;:
·9· ·BRIAN FERENTZ; and CHRISTOPHER:
· · ·DOYLE,· · · · · · · · · · · · :
10· · · · · · · · · · · · · · · · ·:
· · · · · · ·Defendants.· · · · · ·:
11· ·- - - - - - - - - - - - - - - -
12
13
14
15
16· · · · ·VIDEO-RECORDED DEPOSITION OF JAVON FOY,
19· ·Iowa, commencing at 9:02 a.m., Tuesday, June 21,
20· ·2022.
21
22
23
24

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JAVON FOY· 06/21/2022 Pages 2..5
Page 2 Page 4
·1· · · · · · · · · A P P E A R A N C E S ·1· · · · · · · · · P R O C E E D I N G S
·2· ·For the Plaintiffs (via Zoom):
· · · · · KYMBERLI HECKENKEMPER, ESQ. ·2· · · · · · ·THE VIDEOGRAPHER:· We are on the record.
·3· · · · SOLOMON SIMMONS LAW ·3· ·Today's date is June 21st, 2022.· The time on the
· · · · · 601 South Boulder Avenue, Suite 600-A
·4· ·video monitor is approximately 9:02 a.m. Central
·5· ·For Defendant Ferentz (via Zoom): ·5· ·Time.· This video is the deposition of Javon Foy
· · · · · ROGER W. STONE, ESQ. ·6· ·requested by the defense in the matter of Akrum
·6· · · · SIMMONS PERRINE MOYER BERGMAN PLC
· · · · · 115 Third Street Southeast, Suite 1200 ·7· ·Wadley, et al., plaintiff, versus University of
·7· · · · Cedar Rapids, Iowa 52401 ·8· ·Iowa, et al., defendants, in the United States
·8· ·For the Defendants (via Zoom):
·9· ·District Court of the Southern Division of Iowa,
· · · · · JEFFREY C. PETERZALEK, ESQ.
·9· · · · CHRISTOPHER DEIST, ESQ. 10· ·Central Division, Case No. 4:20-cv-0366.· The video
· · · · · IOWA ATTORNEY GENERAL'S OFFICE 11· ·deposition is being held by Zoom videoconferences in
10· · · · 1305 East Walnut Street, Second Floor
· · · · · Des Moines, Iowa 50319 12· ·multiple remote locations.
11 13· · · · · · ·My name is Dennis Goering, certified
12· ·The Witness (via Zoom):
14· ·videographer on behalf of Fidelity Video Services
· · · · · JAVON FOY
13 15· ·here in West Des Moines.
14· ·Videographer (via Zoom): 16· · · · · · ·Would counsel please voice identify
· · · · · DENNIS H. GOERING, LEGAL EAGLES
15
17· ·themselves and state whom they represent.
16· ·Also present (via Zoom): 18· · · · · · ·MS. HECKENKEMPER:· Kymberli Heckenkemper
· · · · · KIRK FERENTZ, University representative
19· ·for the plaintiffs.
17· · · · CHRISTOPHER DOYLE, Defendant
20
21
22· · · · · · ·THE VIDEOGRAPHER:· Okay.· The oath will be
22 23· ·administered today by Jessi Lass, certified
23 24· ·shorthand reporter of Susan Frye and Associates
24
25 25· ·Reporting here in Des Moines, Iowa.· Would the court
Page 3 Page 5
·1· · · · · · T A B L E· ·O F· ·C O N T E N T S ·1· ·reporter please swear in the witness.
·2· ·WITNESS:· JAVON FOY· · · · · · · · · · · · · · ·PAGE
·2· · · · · · · · · · · · JAVON FOY,
·4· ·Examination By Ms. Heckenkemper ..................66 ·3· ·a Plaintiff, being first duly sworn by the certified
·5 ·4· ·shorthand reporter, testified under oath as follows:
·6· ·EXHIBITS· · · · · · · · · · · · · · · · · PAGE FIRST
·5· · · · · · · · · · · ·EXAMINATION
· · · · · · · · · · · · · · · · · · · · · · · ·REFERENCED
·7· ·85· - Statements by Foy ..........................10
·6· ·BY MR. STONE:
·8· ·86· - Plaintiff Foy's amended objections and ......9 ·7· · · · Q.· ·Please state your name for the record.
· · · · · answers to Defendants' first ·8· · · · A.· ·Javon Foy.
·9· · · · interrogatories
·9· · · · Q.· ·When you joined the Iowa football team as
10· ·87· - Plaintiff Foy's objections and answers to ...8
· · · · · Defendants' first interrogatories 10· ·a walk-on in 2019, did you understand that the Iowa
11 11· ·medical staff had to clear you to play or practice
· · ·CERTIFICATE OF REPORTER...........................68 12· ·football with the Iowa Hawkeyes?
12
13· ·Reporter's Note: The original exhibits were digital
13· · · · A.· ·I did.
· · ·and were marked by counsel prior to the deposition. 14· · · · Q.· ·When did you learn that?
14 15· · · · A.· ·When I got there.
· · ·(ph) indicates a phonetic spelling.
16· · · · Q.· ·What does it mean to you?
15· ·[sic] indicates the text is as stated.
· · ·Quoted text is as stated by the speaker. 17· · · · A.· ·Means I have to be cleared.
16 18· · · · Q.· ·Does it include that your choice of
17 19· ·doctors does not control the decision whether you
18
20· ·play or practice football at the Iowa football
19
20 21· ·program?
21 22· · · · A.· ·Could you repeat the question, please, a
22 23· ·little bit slower.
23
24
24· · · · Q.· ·Yes.· Did you understand that it was not
25 25· ·your choice of doctors to decide whether you play or

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JAVON FOY· 06/21/2022 Pages 6..9
Page 6 Page 8
·1· ·practice, but it was the Iowa medical staff? ·1· · · · Q.· ·Let me share my screen with you, Mr. Foy.
·2· · · · A.· ·I understand. ·2· ·I have some exhibits that I want to ask you about.
·3· · · · Q.· ·Do you know whether the Iowa medical staff ·3· · · · · · ·Can you see what I've put before you on
·4· ·ever cleared you to play or practice football? ·4· ·the screen?
·5· · · · A.· ·Yes, sir.· I was practicing. ·5· · · · A.· ·Yes, sir.
·6· · · · Q.· ·Okay.· What time -- for what days or what ·6· · · · Q.· ·It says "Plaintiff Javon Foy's Objections
·7· ·time did you practice? ·7· ·and Answers to Defendants' First Set of
·8· · · · A.· ·I started practicing, as far as weight ·8· ·Interrogatories."· It's marked as Plaintiffs'
·9· ·training and the outdoor, as soon as I got there. ·9· ·Exhibit -- or excuse me.· It's marked as Exhibit 87.
10· · · · Q.· ·When did you learn that you were not 10· · · · · · ·And just so that you can put this in
11· ·cleared by the medical staff? 11· ·context, the bottom line of that first page says,
12· · · · A.· ·The day that Kirk Ferentz told me that it 12· ·"Respectfully submitted on this 30th day of
13· ·was Doyle's decision that I wasn't. 13· ·September, 2021."
14· · · · Q.· ·When did you learn that you were not 14· · · · · · ·Now, let me also show you that this is
15· ·cleared by the medical staff? 15· ·unsigned.· Okay?· You did not sign these
16· · · · A.· ·I'm not sure of the exact date. 16· ·interrogatory answers when they were served on us.
17· · · · Q.· ·Do you know how many weeks into the 17· · · · · · ·But my question to you is, did you review
18· ·opening of practice it was before you were told? 18· ·those answers, if you know, before they were served?
19· · · · A.· ·I do not. 19· · · · A.· ·I did slightly, not fully.
20· · · · Q.· ·What were you told about your condition? 20· · · · Q.· ·Did you authorize them to be served on
21· · · · A.· ·I was told by Kirk Ferentz that he 21· ·your behalf?
22· ·believed in his counsel, Chris Doyle, and that I had 22· · · · A.· ·I believe so.
23· ·a hip injury and that I should not play football 23· · · · Q.· ·Did you believe that they were true and
24· ·ever again. 24· ·correct at the time they were served?
25· · · · Q.· ·Anything else that Kirk Ferentz told you 25· · · · A.· ·Yes, sir.
Page 7 Page 9
·1· ·about your hip -- about your hip injury, your hip ·1· · · · Q.· ·What was your reason for not signing, if
·2· ·condition? ·2· ·you can remember?
·3· · · · A.· ·No, sir. ·3· · · · A.· ·I've, honestly, been going through a lot
·4· · · · Q.· ·How about Chris Doyle?· Did Chris Doyle ·4· ·of things in my personal life, and it just, you
·5· ·say anything to you about your hip condition or hip ·5· ·know ...
·6· ·injury? ·6· · · · Q.· ·Do you mean it slipped your mind not to
·7· · · · A.· ·Never. ·7· ·sign them?· Is that what you're telling us?
·8· · · · Q.· ·How about Brian Ferentz?· Did Brian ·8· · · · A.· ·Something of that nature, yes, sir.
·9· ·Ferentz ever say anything to you about your hip ·9· · · · Q.· ·And did you provide information that you
10· ·condition or hip injury? 10· ·understand was used as a basis for answering the
11· · · · A.· ·No, sir. 11· ·interrogatories that you authorized to be served
12· · · · Q.· ·Brian Ferentz ever say anything to you 12· ·about September 30th of 2021?
13· ·during football practice? 13· · · · A.· ·Yes, sir.
14· · · · A.· ·Not really. 14· · · · Q.· ·Let me now put in front of you Exhibit 86,
15· · · · Q.· ·How about Seth Wallace?· Did Seth Wallace 15· ·which is "Plaintiff Javon Foy's Amended Objections
16· ·ever say anything to you about your hip injury or 16· ·and Answers to Interrogatories."· And you'll see on
17· ·hip condition? 17· ·the first page a little above the signature line
18· · · · A.· ·No, sir. 18· ·there it says, "Respectfully submitted on this 16th
19· · · · Q.· ·Did Seth Wallace ever say anything to you 19· ·day of June, 2022."· Do you see that?
20· ·during football practice? 20· · · · A.· ·Yes, sir.
21· · · · A.· ·Not really. 21· · · · Q.· ·Did you participate in the preparation of
22· · · · Q.· ·Did you ask your doctors to contact the 22· ·these answers?
23· ·Iowa medical staff to discuss whether you could be 23· · · · A.· ·I believe.
24· ·cleared medically for playing? 24· · · · Q.· ·And let me show you, Mr. Foy, that this
25· · · · A.· ·No, sir. 25· ·has an E-signature detail on page 18 and an

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JAVON FOY· 06/21/2022 Pages 10..13
Page 10 Page 12
·1· ·explanation of what that signature is on page 19. ·1· · · · A.· ·I'm not sure.
·2· ·Is that your signature verifying the interrogatory ·2· · · · Q.· ·Is it true that the first sentence, "While
·3· ·answers that are on Exhibit 86? ·3· ·we were still in summer camp, I had an incident with
·4· · · · A.· ·Yes, sir. ·4· ·the police, but did not get charged for anything,
·5· · · · Q.· ·Let me turn your attention to ·5· ·nor did I receive any tickets" -- is that a true
·6· ·Interrogatory No. 25.· And I'll give you a minute to ·6· ·statement?
·7· ·read both the question and the answer.· It's a short ·7· · · · A.· ·I had a minor traffic stop, yes.
·8· ·one, but there it is on page 16.· Starts at the top ·8· · · · Q.· ·Is it true, in your opinion, that the
·9· ·of page 16.· Could you read that, and tell me when ·9· ·officer told Kirk Ferentz of the incident and "in
10· ·you're done reading it to yourself and ready to 10· ·result I was suspended until after fall camp"?· Do
11· ·answer questions. 11· ·you believe that sentence to be true?
12· · · · A.· ·(Witness complies.) 12· · · · A.· ·No.· I was the one that called my coach.
13· · · · · · ·Yes, sir, I've read it. 13· · · · Q.· ·I'm sorry.· You said you were the one who
14· · · · Q.· ·The answer says that you posted something 14· ·called your coach?
15· ·on Twitter around the time of James Daniels' Tweet 15· · · · A.· ·Indeed.
16· ·in 2020, but you deleted it shortly thereafter. 16· · · · Q.· ·I'm sorry.· You said "indeed"?
17· · · · · · ·Do you know whether that was done in June 17· · · · A.· ·Yes, sir.
18· ·of 2020 that you posted something and deleted it 18· · · · Q.· ·Okay.· Who did you call, Mr. Foy?
19· ·shortly thereafter? 19· · · · A.· ·I called, I believe, Kelton Copeland.
20· · · · A.· ·I'm not sure. 20· · · · Q.· ·Do you believe it's also true that an
21· · · · Q.· ·Do you know when James Daniels did his 21· ·officer -- or the officer told Kirk Ferentz of the
22· ·Tweet? 22· ·incident?
23· · · · A.· ·I'm not sure. 23· · · · A.· ·I'm not sure.
24· · · · Q.· ·Let me put in front of you Exhibit 85 and 24· · · · Q.· ·The next sentence says, "When the season
25· ·ask you to take a look at that, if you would, 25· ·started, I was then informed that I could not return
Page 11 Page 13
·1· ·please, Mr. Foy. ·1· ·until after the season."· Is that statement true, in
·2· · · · A.· ·Excuse me, sir.· Were you asking me to ·2· ·your opinion?
·3· ·read that? ·3· · · · A.· ·Yes, sir.
·4· · · · Q.· ·If you would, please, to yourself.· And ·4· · · · Q.· ·And you state you were so hurt by what
·5· ·then when you're familiar with it, I want to ask you ·5· ·happened and didn't understand why your career and
·6· ·a couple questions. ·6· ·well-being were being played with as if it did not
·7· · · · A.· ·I can't really see that. ·7· ·matter to anyone, as if no one has made a mistake
·8· · · · Q.· ·Okay.· Let me see if I can -- ·8· ·before.· Did you believe that sentence was true?
·9· · · · A.· ·Zoom it in or bold it. ·9· · · · · · ·MS. HECKENKEMPER:· Object to form.
10· · · · Q.· ·Is it more readable at that point, 10· · · · Q.· ·(By Mr. Stone)· You may answer.
11· ·Mr. Foy? 11· · · · A.· ·I'm not sure.
12· · · · A.· ·Yes. 12· · · · Q.· ·(By Mr. Stone)· The next paragraph says,
13· · · · Q.· ·Let me see if I can adjust it slightly to 13· ·"The end of the season came and I was yet again
14· ·see if I ... 14· ·looking forward to rejoin my brothers.· I was called
15· · · · · · ·There.· Is that better, Mr. Foy? 15· ·into a meeting where I was told I would have to get
16· · · · A.· ·Yes, sir. 16· ·hip surgery that would put me out of football for 12
17· · · · Q.· ·Okay.· Why don't you take a minute and 17· ·months."· Is that a true statement?
18· ·read that to yourself, and then I'll have a couple 18· · · · A.· ·I'm not sure.· I do not recall.
19· ·questions for you. 19· · · · Q.· ·The next sentence says, "I was encouraged
20· · · · A.· ·(Witness complies.) 20· ·by Kirk Ferentz to just quit football.· This last
21· · · · · · ·I've read it. 21· ·and final strike hurt me the most and I went to
22· · · · Q.· ·Is that what you posted on Twitter and 22· ·multiple specialists outside of the football program
23· ·then subsequently deleted? 23· ·and learned my situation wasn't anywhere near as
24· · · · A.· ·I'm not sure. 24· ·serious as they made it out to seem."· Is that a
25· · · · Q.· ·Do you believe you wrote this statement? 25· ·sentence that you believe is true?

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Page 14 Page 16
·1· · · · A.· ·Yes, sir. ·1· ·specialists?
·2· · · · Q.· ·So what multiple specialists did you see ·2· · · · A.· ·I'm not sure.
·3· ·outside of the football program? ·3· · · · Q.· ·Excuse me.· I meant to finish my question.
·4· · · · A.· ·I went to specialists in my city and a few ·4· ·Let me reask it.
·5· ·others. ·5· · · · · · ·We're asking about the specialists outside
·6· · · · Q.· ·Who did you go see in your city? ·6· ·the city of Moline, and I was asking you when do you
·7· · · · A.· ·At this current moment, I'm not sure of ·7· ·recall if you saw them.· And your answer is?
·8· ·that information. ·8· · · · A.· ·Excuse me, sir.· Could you repeat that
·9· · · · Q.· ·When did you see the multiple specialists ·9· ·question.
10· ·in your city? 10· · · · Q.· ·Yes.· Let me reask it.· Do you recall when
11· · · · A.· ·After the incident leading up -- after the 11· ·you saw any specialists outside the city of Moline?
12· ·incident with Kirk Ferentz relieving me from the 12· · · · A.· ·No, sir, I do not recall.
13· ·team. 13· · · · Q.· ·Do you recall what any of the specialists
14· · · · Q.· ·What was their specialization? 14· ·outside the city of Moline told you?
15· · · · A.· ·At this moment I'm not sure of that. 15· · · · A.· ·Not precisely, no, sir.· Not exactly.
16· · · · Q.· ·Where were their offices located? 16· · · · Q.· ·Well, what is it that you recall vaguely
17· · · · A.· ·At this moment I'm not exactly sure of 17· ·or imprecisely or not exactly?
18· ·that. 18· · · · A.· ·I don't recall.
19· · · · Q.· ·Was it in a hospital, or was it in a 19· · · · Q.· ·You were a walk-on at the University of
20· ·medical clinic, or was it in a doctor's office? 20· ·Iowa in the summer of 2019?
21· ·What do you recall? 21· · · · A.· ·Yes, sir.
22· · · · A.· ·At this moment I'm not really sure. 22· · · · Q.· ·What does that mean to you, that you were
23· · · · Q.· ·How many different specialists did you see 23· ·a walk-on?
24· ·in your city? 24· · · · A.· ·Means I had a spot on the football team.
25· · · · A.· ·At this moment I'm not very sure. 25· · · · Q.· ·Did you have any agreement with the
Page 15 Page 17
·1· · · · Q.· ·What month did you see those specialists ·1· ·University of Iowa?
·2· ·in your city? ·2· · · · A.· ·I'm not sure what you mean.
·3· · · · A.· ·I'm not sure. ·3· · · · Q.· ·Did you have any contract or agreement
·4· · · · Q.· ·Do you have any records of seeing those ·4· ·about school or about the football program, or what
·5· ·specialists yourself personally? ·5· ·were the terms of any agreement?
·6· · · · A.· ·I believe so, yes. ·6· · · · · · ·MS. HECKENKEMPER:· Object to form.
·7· · · · Q.· ·Have you produced those in this case?· Do ·7· · · · Q.· ·(By Mr. Stone)· Well, let me break it
·8· ·you know? ·8· ·down.· What were the terms of any agreement,
·9· · · · A.· ·I believe I've produced a few. ·9· ·Mr. Foy?
10· · · · Q.· ·Where else did you see specialists besides 10· · · · A.· ·I do not recall.
11· ·your city? 11· · · · Q.· ·You did not have a scholarship; correct?
12· · · · A.· ·I'm not sure. 12· · · · A.· ·Correct.
13· · · · Q.· ·Is your city that you're referring to 13· · · · Q.· ·Do you believe that you had a chance to
14· ·Moline, Illinois? 14· ·prove yourself?
15· · · · A.· ·Yes, sir. 15· · · · A.· ·As much as any other given player on the
16· · · · Q.· ·What did those specialists tell you? 16· ·team, yes, sir.
17· · · · A.· ·I'm not sure.· I cannot remember. 17· · · · Q.· ·Is that what a walk-on has, in your
18· · · · Q.· ·What other city did you go to to see a 18· ·opinion, is a chance to prove themselves?
19· ·specialist? 19· · · · A.· ·I believe everybody has a chance to prove
20· · · · A.· ·I'm not sure. 20· ·themselves.
21· · · · Q.· ·Do you remember the names of any 21· · · · Q.· ·Including walk-ons and people who are on
22· ·specialists you saw outside the City of Moline, 22· ·scholarship?
23· ·Illinois? 23· · · · A.· ·Yes.
24· · · · A.· ·No, sir. 24· · · · Q.· ·What do you have to do to prove yourself,
25· · · · Q.· ·Do you know when you saw those 25· ·Mr. Foy?

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Page 18 Page 20
·1· · · · A.· ·I'm not sure. ·1· ·talk to you about any condition with regard to your
·2· · · · Q.· ·Would you agree that you have to prove ·2· ·hips or hip?
·3· ·that you're medically cleared by the medical staff ·3· · · · A.· ·No, sir.
·4· ·at the University of Iowa to be on the team? ·4· · · · Q.· ·Did you receive any diagnosis?
·5· · · · A.· ·Yes, sir. ·5· · · · A.· ·No, sir.
·6· · · · Q.· ·When you started at Iowa in the football ·6· · · · Q.· ·Were you told that surgery was likely at
·7· ·program in the summer of 2019, were you on what you ·7· ·some point?
·8· ·understood was a modified program? ·8· · · · A.· ·I do not believe so, nor do I recall.
·9· · · · A.· ·No, sir. ·9· · · · Q.· ·After you left University of Iowa, have
10· · · · Q.· ·Did you get to the point after you had 10· ·you attempted to play football anywhere else?
11· ·started that you were put on a modified program? 11· · · · A.· ·Yes, sir.
12· · · · A.· ·I don't recall. 12· · · · Q.· ·Where have you attempted to play?
13· · · · Q.· ·Do you know what I mean by a modified 13· · · · A.· ·Iowa Central and Ventura College.
14· ·program?· What does it mean to you? 14· · · · Q.· ·Iowa Central is in Fort Dodge, Iowa?
15· · · · A.· ·I'm not sure what you're speaking about. 15· · · · A.· ·Yes, sir.
16· · · · Q.· ·Was there a time when you were not allowed 16· · · · Q.· ·When were you at Iowa Central?
17· ·to run or lift? 17· · · · A.· ·The year after I left Iowa, I believe.
18· · · · A.· ·Yes.· When I had a shot in my toe. 18· · · · Q.· ·So you left Iowa after the fall semester
19· · · · Q.· ·When did it start that you were not 19· ·of 2019, or was it after the spring semester of
20· ·permitted to run or lift? 20· ·2020, if you know?
21· · · · A.· ·Like I said, after I had a -- I believe an 21· · · · A.· ·After the spring semester.
22· ·x-ray on my toe that I got sorted out and was given 22· · · · Q.· ·And so you went to Iowa Central and
23· ·a shot. 23· ·attempted to gain a spot on that team in the summer
24· · · · Q.· ·Was that a steroid shot, to your 24· ·of 2020; is that a fair statement?
25· ·understanding? 25· · · · A.· ·Yes, sir.
Page 19 Page 21
·1· · · · A.· ·I do not recall. ·1· · · · Q.· ·What happened at Iowa Central?
·2· · · · Q.· ·Do you know who administered the shot? ·2· · · · A.· ·Pertaining to what?
·3· · · · A.· ·I do not recall. ·3· · · · Q.· ·Your participation in the football program
·4· · · · Q.· ·Was it the Iowa medical staff? ·4· ·at Iowa Central.
·5· · · · A.· ·I do not recall. ·5· · · · A.· ·What exactly are you asking me?
·6· · · · Q.· ·Was it done at University hospitals? ·6· · · · Q.· ·Were you permitted to play and practice?
·7· · · · A.· ·I do not recall. ·7· · · · A.· ·Yes, sir.
·8· · · · Q.· ·Who were your doctors that you saw at the ·8· · · · Q.· ·Did you make the team?
·9· ·University of Iowa? ·9· · · · A.· ·Yes, sir.
10· · · · A.· ·I do not recall at this moment. 10· · · · Q.· ·Did you play in the fall of 2020?
11· · · · Q.· ·Do you recall a Dr. Wolf? 11· · · · A.· ·I don't -- there was no season.· The COVID
12· · · · A.· ·I do not recall. 12· ·stuff.
13· · · · Q.· ·Do you recall seeing any hip specialist at 13· · · · Q.· ·Did you leave Iowa Central in 2020?
14· ·Iowa? 14· · · · A.· ·I believe so.· I went back home after the
15· · · · A.· ·I do not recall. 15· ·COVID outbreak thing had happened, yes, sir.
16· · · · Q.· ·Do you recall that you saw any doctor 16· · · · Q.· ·So how long did you practice or were you
17· ·about anything other than your shot in your toe? 17· ·part of the Iowa Central program before you left for
18· · · · A.· ·I do not recall. 18· ·COVID reasons?
19· · · · Q.· ·Do you recall what the doctors at the 19· · · · A.· ·The summer to the fall.
20· ·University of Iowa told you? 20· · · · Q.· ·And then the fall season was canceled
21· · · · A.· ·Pertaining to what? 21· ·without any games being played?
22· · · · Q.· ·Your health. 22· · · · A.· ·Yes, sir, I believe so.
23· · · · A.· ·Overall, I do not recall.· I never 23· · · · Q.· ·Did you complete a semester in the fall of
24· ·received a general synopsis of my health. 24· ·2020 at Iowa Central?
25· · · · Q.· ·Did any doctor at the University of Iowa 25· · · · A.· ·I do not recall.

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Page 22 Page 24
·1· · · · Q.· ·Where is Ventura located? ·1· ·Ferentz saying during the meeting?
·2· · · · A.· ·Southern California. ·2· · · · A.· ·Besides him telling me he doesn't think I
·3· · · · Q.· ·What city? ·3· ·should play anywhere else again, no, sir.
·4· · · · A.· ·Ventura. ·4· · · · Q.· ·Did you receive a medical waiver that we
·5· · · · Q.· ·Is that near L.A. or San Diego, or can you ·5· ·requested that you sign, Mr. Foy?· Do you know?
·6· ·tell me? ·6· · · · A.· ·Yes, sir.
·7· · · · A.· ·That is about -- that is on the coast, ·7· · · · Q.· ·Did you sign it?
·8· ·about an hour away from Los Angeles. ·8· · · · A.· ·Yes, sir.
·9· · · · Q.· ·North or south? ·9· · · · Q.· ·When did you sign it about, if you know?
10· · · · A.· ·I believe slightly north. 10· · · · A.· ·Approximately an hour ago.
11· · · · Q.· ·Are you participating in the football 11· · · · Q.· ·Are there any sources or ways that you
12· ·program at Ventura? 12· ·know of that we can find out what doctors you saw in
13· · · · A.· ·Yes, sir. 13· ·Moline or any other cities?
14· · · · Q.· ·For what period of time have you been 14· · · · A.· ·The best option I would have to find out
15· ·participating at Ventura? 15· ·that information is consult my mother.
16· · · · A.· ·I've been participating at Ventura for a 16· · · · Q.· ·And do you expect she might have records
17· ·year now. 17· ·about deductible payments or something like that?
18· · · · Q.· ·During the 2021 season, you participated 18· · · · A.· ·I believe she could.
19· ·at Ventura? 19· · · · Q.· ·Any other sources of information known to
20· · · · A.· ·Yes, sir. 20· ·you that would lead us to -- lead us to learn who
21· · · · Q.· ·You've told me that Coach Kirk Ferentz 21· ·were the doctors that you saw other than at the
22· ·stated to you that you had a hip condition or a hip 22· ·University of Iowa?
23· ·injury; is that true? 23· · · · A.· ·No, sir.
24· · · · A.· ·Yes, sir. 24· · · · Q.· ·Did you consult with a Dr. Jill Huang,
25· · · · · · ·MS. HECKENKEMPER:· Object to form. 25· ·H-u-a-n-g?
Page 23 Page 25
·1· · · · Q.· ·(By Mr. Stone)· What is it that Kirk ·1· · · · A.· ·Yes, sir.
·2· ·Ferentz told you about your hip? ·2· · · · Q.· ·What is her medical field, if you can tell
·3· · · · A.· ·Kirk Ferentz told me that beyond his -- ·3· ·us?
·4· ·not beyond, but he told me that he stood by the ·4· · · · A.· ·A psychologist.
·5· ·belief of his counsel, and his counsel being Chris ·5· · · · Q.· ·When did you consult with her?
·6· ·Doyle, in telling me that I should never play ·6· · · · A.· ·Roughly a year ago, a couple -- maybe six
·7· ·football again and that I had a hip injury and my ·7· ·months ago.
·8· ·hip could break if I ever got hit or something of ·8· · · · Q.· ·What city is she located in?
·9· ·that sort. ·9· · · · A.· ·I'm not sure.· I was meeting with her over
10· · · · Q.· ·When was that visit or that meeting? 10· ·Zoom.
11· · · · A.· ·I believe around January of 2020. 11· · · · Q.· ·For what period of time did you consult
12· · · · Q.· ·Where was the meeting? 12· ·with her?
13· · · · A.· ·In Kirk Ferentz's office. 13· · · · A.· ·I'm not sure.
14· · · · Q.· ·Was anyone else present? 14· · · · Q.· ·Was it more than one consultation?
15· · · · A.· ·My mother and my father. 15· · · · A.· ·Yeah, it was more than one.
16· · · · Q.· ·What did you say in response to Kirk 16· · · · Q.· ·About how many times, if you can recall?
17· ·Ferentz's statement? 17· · · · A.· ·I'm not sure.
18· · · · A.· ·I didn't say anything.· I just silently 18· · · · Q.· ·Did she prescribe any medication?
19· ·cried. 19· · · · A.· ·No, sir.
20· · · · Q.· ·What else did Kirk Ferentz say during the 20· · · · Q.· ·You mentioned that it was -- there was a
21· ·meeting other than what you've told us so far? 21· ·time about six months ago.· Is that when the
22· · · · A.· ·Nothing.· But he just made it very clear 22· ·consultation with Dr. Huang started or when it
23· ·that he stood by the opinion of his counsel.· He 23· ·concluded?· Or what can you tell me about the
24· ·made that very clear during the meeting. 24· ·timing?
25· · · · Q.· ·Anything else that you can recall Kirk 25· · · · A.· ·At this moment I don't recall many dates

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JAVON FOY· 06/21/2022 Pages 26..29
Page 26 Page 28
·1· ·or specifics. ·1· ·parking lot, like 100 yards or 150 yards from the
·2· · · · Q.· ·Six months ago would mean approximately -- ·2· ·parking lot?
·3· · · · A.· ·Approximately -- ·3· · · · A.· ·I do not recall.
·4· · · · Q.· ·-- Christmastime of 2021 or January of ·4· · · · Q.· ·What police officer stopped you?
·5· ·2022.· Does that help you recall at all -- ·5· · · · A.· ·I do not recall.
·6· · · · A.· ·No, sir. ·6· · · · Q.· ·What dorm did you live in?
·7· · · · Q.· ·-- whether ... ·7· · · · A.· ·Petersen Hall.
·8· · · · · · ·How many times did you visit with her?· Do ·8· · · · Q.· ·Is that the one that sits above the river
·9· ·you know? ·9· ·by the walking bridge that used to be called
10· · · · A.· ·I'm not sure.· More than -- more than two. 10· ·Hillcrest when some of us people were originally at
11· ·More than a few, actually.· I'm not sure of the 11· ·the university?
12· ·exact number. 12· · · · A.· ·I'm not sure.
13· · · · Q.· ·How did you find her for purposes of 13· · · · Q.· ·How many police officers were present when
14· ·consulting with her? 14· ·you were stopped?
15· · · · A.· ·Well, my mother cares about me a lot.· She 15· · · · A.· ·I do not recall.
16· ·saw the deep turmoil I was in due to this situation 16· · · · Q.· ·Were any tests administered to you, like a
17· ·and what the effects of what Iowa had done to me, as 17· ·Breathalyzer or any tests about balance or walking
18· ·in she thought I should go see somebody to try to 18· ·or anything like that?
19· ·talk it out, something of that nature. 19· · · · A.· ·Field sobriety.
20· · · · Q.· ·Did she suggest the name of Dr. Huang? 20· · · · Q.· ·I'm sorry?
21· · · · A.· ·My mother -- my mother provided me with 21· · · · A.· ·I did complete a field sobriety walking
22· ·everything.· So she didn't suggest anything.· She 22· ·test, I believe, things of that nature.
23· ·just helped me to get there.· I'm not sure yes or 23· · · · Q.· ·What were you asked to do, if you can
24· ·no. 24· ·recall?
25· · · · Q.· ·I guess what I'm asking, Mr. Foy, is, if 25· · · · A.· ·I do not recall.
Page 27 Page 29
·1· ·you answer the question "Who is that recommended ·1· · · · Q.· ·You were asked to get out of the car;
·2· ·Dr. Huang to you?" is that your mother? ·2· ·correct?
·3· · · · A.· ·Yes, sir. ·3· · · · A.· ·Correct.
·4· · · · Q.· ·There was a time in the summer of 2019 in ·4· · · · Q.· ·Were you asked to walk on a --
·5· ·Iowa City when you were driving your car back from ·5· · · · A.· ·I do not recall.
·6· ·downtown when you were stopped by the police; is ·6· · · · Q.· ·I'm sorry?
·7· ·that true? ·7· · · · A.· ·I do not recall.
·8· · · · A.· ·That is correct. ·8· · · · · · ·MS. HECKENKEMPER:· Javon, let him finish
·9· · · · Q.· ·Had you been in the bars in Iowa City? ·9· ·his question.
10· · · · A.· ·I believe so. 10· · · · Q.· ·(By Mr. Stone)· Anything you do recall
11· · · · Q.· ·Had you been drinking? 11· ·about the sobriety tests that were administered to
12· · · · A.· ·I do not recall. 12· ·you that evening by the police officer in Iowa City
13· · · · Q.· ·Who was with you? 13· ·who stopped you?
14· · · · A.· ·I do not recall. 14· · · · A.· ·I remember that I didn't fail any.
15· · · · Q.· ·What date was it that you were stopped? 15· · · · Q.· ·Do you know how many different sobriety
16· · · · A.· ·I do not recall. 16· ·tests were administered?
17· · · · Q.· ·What time of day was it, if you can 17· · · · A.· ·I don't recall, sir.
18· ·recall? 18· · · · Q.· ·You stated you reported the stop to your
19· · · · A.· ·I do not recall. 19· ·position coach; is that fair to say?
20· · · · Q.· ·How far -- how far from the parking lot at 20· · · · A.· ·Yes, sir, I believe.
21· ·the dorm were you when you were stopped? 21· · · · Q.· ·Did you consider that you had made a
22· · · · A.· ·I do not recall. 22· ·mistake?
23· · · · Q.· ·Were you headed back to a dorm? 23· · · · A.· ·Yes, sir.
24· · · · A.· ·I believe so. 24· · · · Q.· ·Do you consider it's dangerous to drive
25· · · · Q.· ·Were you stopped relatively close to the 25· ·after you've been drinking?

Doyle Appx. 432
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JAVON FOY· 06/21/2022 Pages 30..33
Page 30 Page 32
·1· · · · · · ·MS. HECKENKEMPER:· Object to form. ·1· ·conversation with you about whether you could come
·2· · · · Q.· ·(By Mr. Stone)· You may answer. ·2· ·back and play football; correct?
·3· · · · A.· ·What was the question, sir? ·3· · · · A.· ·That's not entirely -- that's not entirely
·4· · · · Q.· ·Do you consider it's dangerous to drive ·4· ·it.
·5· ·after you've been drinking alcohol? ·5· · · · Q.· ·Okay.· Why don't you tell me what you can
·6· · · · A.· ·I do consider it's dangerous to drink and ·6· ·recall about any conversations with Broderick Binns.
·7· ·drive. ·7· · · · A.· ·Broderick Binns and Kirk Ferentz,
·8· · · · Q.· ·Do you consider it's dangerous to drive ·8· ·actually -- because I couldn't go without the say of
·9· ·your teammates after you've been drinking alcohol? ·9· ·the head coach, but I believe that there was a time
10· · · · · · ·MS. HECKENKEMPER:· Object to form. 10· ·or period when there was a bye week, and there were
11· · · · Q.· ·(By Mr. Stone)· You may answer. 11· ·some injuries on the team.· And I happened to be
12· · · · A.· ·I believe so. 12· ·very sick at that time, and I was asked to come back
13· · · · Q.· ·Mr. Foy, what was your major at Iowa? 13· ·and play scout team corner, but due to my sickness,
14· · · · A.· ·Business. 14· ·I couldn't do that.
15· · · · Q.· ·What semesters did you complete? 15· · · · Q.· ·What were you ill with, Mr. Foy?
16· · · · A.· ·Both, I believe. 16· · · · A.· ·I'm not sure.· It was, like, flu-like
17· · · · Q.· ·Let me break that down, Mr. Foy.· Did you 17· ·symptoms, cold.
18· ·take summer school in the summer of 2019? 18· · · · Q.· ·I'm sorry.· Were you finished with your
19· · · · A.· ·Summer, fall, and I don't think I did too 19· ·answer?
20· ·well with exiting Iowa. 20· · · · A.· ·Yes, sir.
21· · · · Q.· ·You completed both the summer 2019 and the 21· · · · Q.· ·Was this conversation a joint one between
22· ·fall 2019 semesters; is that true? 22· ·you and Broderick Binns and Kirk Ferentz at the same
23· · · · A.· ·Yes, sir. 23· ·time, or was it simply with Broderick Binns?
24· · · · Q.· ·And then in the spring of 2020, I believe, 24· · · · A.· ·I do not recall.
25· ·that the national emergency for COVID was declared, 25· · · · Q.· ·Was there any other conversation with
Page 31 Page 33
·1· ·about March 13th of 2020 or thereabouts.· Did you ·1· ·Broderick Binns about coming back to play at Iowa
·2· ·complete the semester in the spring of 2020, if you ·2· ·that you can recall?
·3· ·recall? ·3· · · · A.· ·I do not recall.
·4· · · · A.· ·No, I don't recall. ·4· · · · Q.· ·How about with Kirk Ferentz?· What other
·5· · · · Q.· ·Were things said to you about possibly ·5· ·conversation, if any, did you have with Kirk Ferentz
·6· ·coming back to play football at Iowa after the 2019 ·6· ·about coming back to play?
·7· ·season? ·7· · · · A.· ·I never had a conversation with Kirk
·8· · · · A.· ·Yes, sir. ·8· ·Ferentz regarding coming back to play, besides the
·9· · · · Q.· ·Who talked to you about that subject? ·9· ·day before I was supposed to come back -- the end of
10· · · · A.· ·Broderick Binns and, I believe, Kirk 10· ·my suspension around January -- where he sent me a
11· ·Ferentz. 11· ·text and told me everything was all good, "I'll see
12· · · · Q.· ·What do you recall Broderick Binns talking 12· ·you tomorrow for practice," and which he later
13· ·to you about? 13· ·followed up, a few hours later, with, "Come see me
14· · · · A.· ·At what point?· Sorry about that. 14· ·in my office before you go to practice."· And that
15· · · · Q.· ·My question just goes to what you recall 15· ·was leading up to me being released.
16· ·about what Broderick Binns said about coming back to 16· · · · Q.· ·Did you then go to see him as requested
17· ·play after the 2019 season. 17· ·within a couple hours?
18· · · · A.· ·Okay.· I remember -- oh, after the 2019, 18· · · · A.· ·No.· That was the day before --
19· ·you -- there was an incident during the season, I 19· · · · Q.· ·Okay.· And --
20· ·believe. 20· · · · A.· ·-- or prior.
21· · · · Q.· ·Okay.· Maybe my question wasn't clear. 21· · · · Q.· ·You told us about a meeting with your
22· ·You knew you weren't going to play during the 2019 22· ·mother, father, you, and Kirk Ferentz.· Did you have
23· ·season; correct? 23· ·any separate meeting with Kirk Ferentz, if you can
24· · · · A.· ·Not entirely.· I wasn't sure. 24· ·recall, before that meeting at which your parents
25· · · · Q.· ·So at some point Mr. Binns had a 25· ·attended?

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JAVON FOY· 06/21/2022 Pages 34..37
Page 34 Page 36
·1· · · · A.· ·No, sir. ·1· ·meeting with Kirk Ferentz and you in Kirk Ferentz's
·2· · · · Q.· ·So the next day, after Kirk Ferentz asked ·2· ·office?
·3· ·you to come and see him, is when you and your mother ·3· · · · A.· ·I believe it was after.
·4· ·and father went to meet with Kirk Ferentz? ·4· · · · Q.· ·Have you told me everything that you can
·5· · · · A.· ·Yes, sir.· Unbeknownst to me, my parents ·5· ·recall about your conversations with Mr. Bruno?
·6· ·were there. ·6· · · · A.· ·Yes, sir.
·7· · · · Q.· ·Did Kirk Ferentz invite your parents?· Is ·7· · · · Q.· ·Did you visit with Liz Tovar?
·8· ·that your understanding? ·8· · · · A.· ·Yes, sir.
·9· · · · A.· ·I have no knowledge about that. ·9· · · · Q.· ·When did you visit with Liz Tovar?
10· · · · Q.· ·Do you know Mr. John Bruno? 10· · · · A.· ·I do not exactly recall.
11· · · · A.· ·Yes, sir. 11· · · · Q.· ·How many times did you visit with Liz
12· · · · Q.· ·Did you have any meetings or conversations 12· ·Tovar?
13· ·with John Bruno? 13· · · · A.· ·I believe just a few.
14· · · · A.· ·Yes, sir.· I had a few conversations with 14· · · · Q.· ·What does that mean in terms of number?
15· ·him. 15· ·Can you remember?
16· · · · Q.· ·What did you and Mr. Bruno talk about? 16· · · · A.· ·Two or three at most.
17· · · · A.· ·Just the general unfairness of the 17· · · · Q.· ·Where were the meetings?
18· ·situation and the -- how basically it was pretty 18· · · · A.· ·I believe at the Gerdin Athletic Center.
19· ·much common for these type of things to go on with 19· · · · Q.· ·Anyone else present?
20· ·people of my color in this -- in Iowa.· And he 20· · · · A.· ·I believe one of the meetings was actually
21· ·basically told me that his hand was outstretched for 21· ·just a quick talk with her and Broderick Binns
22· ·me if I ever needed anything and then gave me his 22· ·outside.· So that was the only time somebody else
23· ·number. 23· ·was -- somebody else was there.
24· · · · Q.· ·What did Mr. Bruno say, if anything, about 24· · · · Q.· ·What did you and Liz Tovar talk about
25· ·the unfairness of the situation?· What was unfair 25· ·privately?
Page 35 Page 37
·1· ·about it from his perspective? ·1· · · · A.· ·We talked about the other things that was
·2· · · · A.· ·About speaking pertaining specifically ·2· ·happening to me at Iowa and just -- just how to deal
·3· ·about my situation? ·3· ·with how I was being treated personally without --
·4· · · · Q.· ·Yes. ·4· ·without trying to make a bigger mess of myself.
·5· · · · A.· ·We didn't -- we didn't speak too much ·5· · · · Q.· ·Well, what other things were happening at
·6· ·for -- like, focused on my situation, just really at ·6· ·Iowa that you were discussing with Liz Tovar?
·7· ·general. ·7· · · · A.· ·I was just going through a few just
·8· · · · Q.· ·So his comments were more about his ·8· ·personal things.· I felt like I was being racially
·9· ·general observations and not because you had told ·9· ·profiled in my dorm, things of that nature.
10· ·him anything specific about you? 10· · · · Q.· ·What was happening in the dorm, Mr. Foy?
11· · · · A.· ·His comments were just made more of just, 11· · · · A.· ·My dorm was strip searched by the police.
12· ·like, an overall summary of why I had gone through 12· · · · Q.· ·When did that occur?
13· ·the things I had gone through, pretty much, not 13· · · · A.· ·That was in the time where I was not
14· ·looking back at what had happened to me and why this 14· ·instated with the team.· I'm not exactly sure when
15· ·had happened, but he was more so of explaining, 15· ·it was, but I do know I wasn't on the football team,
16· ·like, "This is not the first time that this has 16· ·though.
17· ·happened.· I've seen this happen, and it's going 17· · · · Q.· ·How many times did that take place?
18· ·to" -- you know ... 18· · · · A.· ·That only took place one time for what
19· · · · Q.· ·Was this an in-person meeting with 19· ·seemed to be like forever.
20· ·Mr. Bruno? 20· · · · Q.· ·As you sit here today, can you recall the
21· · · · A.· ·Yes.· I did speak to him in person during 21· ·approximate date when it occurred?
22· ·that time. 22· · · · A.· ·No, sir, I cannot.
23· · · · Q.· ·When did it occur? 23· · · · Q.· ·When was it in relationship to your
24· · · · A.· ·I do not recall. 24· ·meeting with Kirk Ferentz and your parents, if you
25· · · · Q.· ·Was it before or after your parents' 25· ·know?

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JAVON FOY· 06/21/2022 Pages 38..41
Page 38 Page 40
·1· · · · A.· ·I'm not exactly sure. ·1· ·much -- that was pretty much it.· They just told me
·2· · · · Q.· ·Did you talk with Liz Tovar about that ·2· ·that it was reported.· That's why it went and then
·3· ·incident of the strip search in the dormitory? ·3· ·that was it.
·4· · · · A.· ·Yes, sir. ·4· · · · Q.· ·Did the police locate any firearms?
·5· · · · Q.· ·What'd you tell her? ·5· · · · A.· ·No, sir.
·6· · · · A.· ·I just told her about the events, summary, ·6· · · · Q.· ·What did Liz Tovar find out and tell you
·7· ·asked her how -- how could it all happen and just -- ·7· ·about the incident?
·8· ·I was just asking her just about -- about why it was ·8· · · · A.· ·Liz Tovar mostly consoled me about the
·9· ·happening to me, really. ·9· ·situation.· Because at that time I was just doing
10· · · · Q.· ·Were other people besides you strip 10· ·bad emotionally.· Iowa had put me in a very dark
11· ·searched? 11· ·place.· And she was just mainly just consoling me,
12· · · · A.· ·I mean, my roommate.· But he was living 12· ·and she directed me where to get more information
13· ·with me. 13· ·about the search.
14· · · · Q.· ·Who was that? 14· · · · Q.· ·Where did she tell you to get more
15· · · · A.· ·Taajhir McCall. 15· ·information about the search?
16· · · · Q.· ·Was he an athlete at the University of 16· · · · A.· ·It was -- it was an office located on
17· ·Iowa? 17· ·campus.· I cannot exactly recall where.
18· · · · A.· ·Yes, sir. 18· · · · Q.· ·Did you go to that office?
19· · · · Q.· ·What sport? 19· · · · A.· ·Yes, sir.
20· · · · A.· ·Football. 20· · · · Q.· ·And do you remember who you talked to?
21· · · · Q.· ·I assume they were looking for drugs? 21· · · · A.· ·No.· No, sir.
22· · · · A.· ·That is -- 22· · · · Q.· ·What did you learn about the search?
23· · · · · · ·MS. HECKENKEMPER:· Object to form. 23· · · · A.· ·The same thing I told you before.
24· · · · A.· ·-- a wild assumption.· That's crazy. 24· · · · Q.· ·Did you talk with anyone else about this
25· · · · · · ·REPORTER:· I'm sorry.· I didn't hear the 25· ·search besides Ms. Tovar?
Page 39 Page 41
·1· ·answer.· Can you repeat your answer, sir. ·1· · · · A.· ·I mean, I had -- I had told Brod Binns
·2· · · · A.· ·No, they were not looking for drugs. ·2· ·about it, because I was scared that it would
·3· ·That's a wild assumption. ·3· ·negatively paint a really bad image to me to Kirk
·4· · · · Q.· ·(By Mr. Stone)· What were they looking ·4· ·Ferentz and the rest of the football staff, and it
·5· ·for? ·5· ·would hurt my chances of returning.
·6· · · · A.· ·Apparently they were looking for a ·6· · · · Q.· ·Were there any other incidents, besides
·7· ·firearm. ·7· ·this strip search, that were bothering you while you
·8· · · · Q.· ·Do you understand that there was a report ·8· ·were at the University of Iowa?
·9· ·of a firearm? ·9· · · · A.· ·Not that I recall.
10· · · · · · ·MS. HECKENKEMPER:· Object to form. 10· · · · Q.· ·Did Brian Ferentz ever say anything to you
11· · · · Q.· ·(By Mr. Stone)· You may answer. 11· ·about your hair?
12· · · · A.· ·I do. 12· · · · A.· ·Excuse me.· Who?
13· · · · Q.· ·Do you know who reported the firearm? 13· · · · Q.· ·Brian Ferentz, Coach Brian Ferentz.
14· · · · A.· ·They would not disclose that information 14· · · · A.· ·I do not recall.
15· ·to me. 15· · · · Q.· ·Did Brian Ferentz ever say anything to you
16· · · · Q.· ·What did the police tell you, that there 16· ·about tattoos?
17· ·was a report of a firearm and they were going to 17· · · · A.· ·I do not recall.
18· ·search you for it, or what? 18· · · · Q.· ·Do you have tattoos, Mr. Foy?
19· · · · A.· ·The police told me the bare minimum. I 19· · · · A.· ·Yes, sir.
20· ·had to go to Liz Tovar to go to a few more meetings 20· · · · Q.· ·Did Brian Ferentz ever say anything to you
21· ·to find out as much as I could about this search -- 21· ·about your clothing?
22· ·random search. 22· · · · A.· ·I do not recall.
23· · · · Q.· ·So what did you find out about the search? 23· · · · Q.· ·Did Brian Ferentz ever say anything to you
24· · · · A.· ·Same.· That somebody reported something, 24· ·about jewelry?
25· ·of whom I did not find out, and that was pretty 25· · · · A.· ·Brian Ferentz?· No, sir.

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JAVON FOY· 06/21/2022 Pages 42..45
Page 42 Page 44
·1· · · · Q.· ·Did Brian Ferentz ever say anything to you ·1· ·observe Seth Wallace making the statements that you
·2· ·about the way that you speak or your diction? ·2· ·heard from other players on the football team, and
·3· · · · A.· ·Not me personally, no, sir.· I do not ·3· ·your source of information is that other people
·4· ·recall. ·4· ·told?· You that's all true?
·5· · · · Q.· ·Did Brian Ferentz ever say anything to you ·5· · · · A.· ·Other people on the football team that
·6· ·about the way that you walk or your gait? ·6· ·were under his position, yes, sir.
·7· · · · A.· ·I do not recall. ·7· · · · Q.· ·Did Seth Wallace ever say anything to you
·8· · · · Q.· ·Did Brian Ferentz ever mock, make fun of ·8· ·about your tattoos?
·9· ·you, or ridicule you about your hair? ·9· · · · A.· ·I do not recall.
10· · · · A.· ·I do not recall. 10· · · · Q.· ·Did Seth Wallace ever say anything to you
11· · · · Q.· ·Did Brian Ferentz ever mock, make fun of 11· ·about your clothing?
12· ·you, or ridicule you about your tattoos? 12· · · · A.· ·I do not recall.
13· · · · A.· ·I do not recall.· But I would like to add 13· · · · Q.· ·Did Seth Wallace ever say anything to you
14· ·that many of these things you're asking me was 14· ·about jewelry?
15· ·common knowledge between some of the people on the 15· · · · A.· ·I do not recall.
16· ·team that these things had went on and were going 16· · · · Q.· ·Seth Wallace ever say anything to you
17· ·on, although they never happened to me personally. 17· ·about the way that you talked or your diction?
18· · · · Q.· ·And the basis for your knowledge is that 18· · · · A.· ·I do not recall.
19· ·somebody told you? 19· · · · Q.· ·Seth Wallace ever say anything to you
20· · · · A.· ·Indeed.· Somebody on my team. 20· ·about the way that you walk?
21· · · · Q.· ·Yeah. 21· · · · A.· ·I do not recall.
22· · · · A.· ·Yeah. 22· · · · Q.· ·Did Seth Wallace ever mock, make fun of
23· · · · Q.· ·Okay.· And that's the source of your 23· ·you, or ridicule you about your hair?
24· ·information, not from personal observation, but from 24· · · · A.· ·I do not recall.
25· ·your being told that those things that I'm asking 25· · · · Q.· ·Did Seth Wallace ever mock, make fun of
Page 43 Page 45
·1· ·about happened by somebody else on the team? ·1· ·you, or ridicule you about your tattoos?
·2· · · · A.· ·Indeed.· It was common knowledge. ·2· · · · A.· ·I do not recall.
·3· · · · Q.· ·Did Brian Ferentz ever mock, make fun of ·3· · · · Q.· ·Did Seth Wallace ever mock, make fun of
·4· ·you, or ridicule you about your diction or the way ·4· ·you, or ridicule you about your clothing?
·5· ·that you talked? ·5· · · · A.· ·I do not recall.
·6· · · · A.· ·I do not recall. ·6· · · · Q.· ·Did Seth Wallace mock, make fun of you, or
·7· · · · Q.· ·Did Brian Ferentz ever mock, make fun of ·7· ·ridicule you about your jewelry?
·8· ·you, or ridicule you about the way that you walked? ·8· · · · A.· ·I do not recall.
·9· · · · A.· ·I do not recall. ·9· · · · Q.· ·Did Seth Wallace ever mock, make fun of
10· · · · Q.· ·Let me ask you about Coach Seth Wallace. 10· ·you, or ridicule you about the way that you talked
11· ·Did Seth Wallace ever say anything to you about your 11· ·or your diction?
12· ·hair? 12· · · · A.· ·I do not recall.
13· · · · A.· ·I do not recall.· But once more, it was 13· · · · Q.· ·Did Seth Wallace ever mock, make fun of
14· ·common knowledge about the -- many of the things 14· ·you, or ridicule you about the way that you walked
15· ·that he would say to other teammates.· It was common 15· ·or your gait?
16· ·knowledge that traveled amongst us on the team. 16· · · · A.· ·I do not recall.
17· · · · Q.· ·And your source of information is that 17· · · · Q.· ·Same questions with respect to Coach Chris
18· ·some other player told you that those things had 18· ·Doyle.· Did Chris Doyle ever say anything to you
19· ·happened, not that you observed them personally; 19· ·about your hair?
20· ·fair statement? 20· · · · A.· ·Yes, he did.
21· · · · A.· ·More or less, yes, sir. 21· · · · Q.· ·What did he say to you about your hair?
22· · · · Q.· ·Well, what's unfair about it, if anything? 22· · · · A.· ·Told me I needed to "cut that scrappy shit
23· ·It's a true statement; correct, Mr. Foy? 23· ·off."
24· · · · A.· ·My statement? 24· · · · Q.· ·When did he make that statement?
25· · · · Q.· ·It's true that you didn't personally 25· · · · A.· ·In the indoor weight room during a -- at

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JAVON FOY· 06/21/2022 Pages 46..49
Page 46 Page 48
·1· ·the beginning of a session.· The exact date and day ·1· ·viewable tattoos.
·2· ·I do not recall. ·2· · · · Q.· ·Did Coach Doyle ever mock, make fun of
·3· · · · Q.· ·How long had you been at the program, ·3· ·you, or ridicule you about your clothing?
·4· ·approximately? ·4· · · · A.· ·Not that I recall.
·5· · · · A.· ·Not very long. ·5· · · · Q.· ·Did Coach Chris Doyle ever mock, make fun
·6· · · · Q.· ·When you came in as a freshman or joined ·6· ·of you, or ridicule you about your jewelry?
·7· ·the program, did you work with a particular coach? ·7· · · · A.· ·He kind of just -- not necessarily, but
·8· · · · A.· ·Pertaining to? ·8· ·he -- he saw it more as a -- as jewelry, when I was
·9· · · · Q.· ·Well, let's talk about the weight room ·9· ·trying to explain to him it was a religious -- more
10· ·first.· Did you have somebody assigned to you in the 10· ·of a religious thing.· And unopposed to, that same
11· ·weight room who was a strength and conditioning 11· ·day as I came in, he didn't have that same
12· ·coach? 12· ·expectations for some of my white teammates that had
13· · · · A.· ·No, I don't believe -- no, sir, I don't 13· ·the same Jesus piece on.· You know, it just -- it
14· ·recall.· It was all -- they were -- all the coaches 14· ·wasn't a piece of jewelry for them.· It was
15· ·were in the weight room. 15· ·acceptable.· So besides that, no.
16· · · · Q.· ·Did Chris Doyle ever say anything to you 16· · · · Q.· ·What white players had a --
17· ·about your tattoos? 17· · · · A.· ·I don't --
18· · · · A.· ·No, sir. 18· · · · Q.· ·-- chain of Jesus that you say was
19· · · · Q.· ·Did Coach Chris Doyle ever say anything to 19· ·acceptable to Coach Doyle?
20· ·you about your clothing? 20· · · · A.· ·I cannot recall any of their names.· As I
21· · · · A.· ·I do not recall. 21· ·was walking through the indoor field, I personally
22· · · · Q.· ·Did Coach Chris Doyle ever say anything to 22· ·saw it.
23· ·you about your jewelry? 23· · · · Q.· ·Did Coach Doyle ever mock, make fun of
24· · · · A.· ·Yes, sir. 24· ·you, or ridicule you about the way that you talk or
25· · · · Q.· ·What did he say to you? 25· ·your diction?
Page 47 Page 49
·1· · · · A.· ·He told me I needed to tuck away my chain. ·1· · · · A.· ·I do not recall.
·2· ·"That's not what we do here." ·2· · · · Q.· ·Did Coach Chris Doyle ever mock, make fun
·3· · · · Q.· ·Anything else that Coach Doyle said about ·3· ·of you, or ridicule you about the way that you walk
·4· ·your jewelry that you can recall? ·4· ·or your gait?
·5· · · · A.· ·No, sir. ·5· · · · A.· ·I do not recall.
·6· · · · Q.· ·Did Coach Chris Doyle say anything to you ·6· · · · Q.· ·Did Coach Kirk Ferentz ever say anything
·7· ·about your diction or the way that you talk? ·7· ·to you about your hair, tattoos, clothing, jewelry,
·8· · · · A.· ·I don't recall. ·8· ·diction, or the way that you walk?
·9· · · · Q.· ·Did Coach Doyle ever say anything to you ·9· · · · A.· ·I do not recall at this moment.
10· ·about the way that you walk or your gait? 10· · · · Q.· ·Did Brian Ferentz ever use the N-word to
11· · · · A.· ·I do not necessarily recall. 11· ·you?
12· · · · Q.· ·Did Coach Doyle ever mock, make fun of 12· · · · A.· ·No, sir.
13· ·you, or ridicule you about your hair? 13· · · · Q.· ·Did you hear Brian Ferentz use the N-word
14· · · · A.· ·Yes, sir. 14· ·to anyone?
15· · · · Q.· ·What did he do? 15· · · · A.· ·I personally never heard him.
16· · · · A.· ·In that time since, while he was telling 16· · · · Q.· ·Did Brian Ferentz ever talk about somebody
17· ·me to "cut that shaggy shit off," he was making hand 17· ·being a gang member or "What gang is he in?" or gang
18· ·gestures and weird faces. 18· ·affiliation directed to you?
19· · · · Q.· ·Have you told me everything you can recall 19· · · · A.· ·Directed exactly to me, no, sir.· But that
20· ·that you say was Coach Doyle mocking, making fun of 20· ·was also common knowledge, that he had made remarks
21· ·you, or ridiculing you about your hair? 21· ·like that whilst I was there and maybe even -- and
22· · · · A.· ·At this moment, yes, sir. 22· ·definitely prior.· I had been told by many
23· · · · Q.· ·Did Coach Doyle ever mock, make fun of 23· ·upperclassmen.
24· ·you, or ridicule you about your tattoos? 24· · · · Q.· ·And again, your source of information is
25· · · · A.· ·No, sir.· At that time I didn't have very 25· ·that somebody told you something that Brian Ferentz

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JAVON FOY· 06/21/2022 Pages 50..53
Page 50 Page 52
·1· ·allegedly said at some earlier point in time that ·1· · · · A.· ·I do not necessarily recall.
·2· ·you didn't have a personal observation of? ·2· · · · Q.· ·How about Seth Wallace?· Did you ever hear
·3· · · · A.· ·Somebody that was listed on the roster ·3· ·Seth Wallace use a racial slur or name or a racial
·4· ·that he was coaching told me that. ·4· ·epithet in your presence directed at you?
·5· · · · Q.· ·And it's true that you didn't observe it ·5· · · · A.· ·I do not necessarily recall.
·6· ·personally, but you say that you were told it by ·6· · · · Q.· ·Did you ever hear Seth Wallace use any
·7· ·other people?· That's what you're telling us? ·7· ·racial name, racial slur, or racial epithet used at
·8· · · · A.· ·The other people being the players on his ·8· ·someone, that you personally observed him make that
·9· ·roster, yes, sir. ·9· ·statement?
10· · · · Q.· ·Did Brian Ferentz ever tell you to "Go 10· · · · A.· ·I do not recall.
11· ·back to the ghetto" or words similar to that? 11· · · · Q.· ·How about Coach Chris Doyle?· Did you ever
12· · · · A.· ·No, sir.· But that was very common -- that 12· ·hear Coach Doyle use the N-word?
13· ·was very much so as well common knowledge that that 13· · · · A.· ·I do not recall.
14· ·was a common theme for many of the coaches to, you 14· · · · Q.· ·Did you ever hear Coach Doyle talk about
15· ·know, just kind of -- I never personally heard that, 15· ·somebody as a gang member or a gang affiliation or
16· ·but that was certainly common knowledge as well. 16· ·"What gang is he in?"
17· ·And, yes, from other people that were on the roster 17· · · · A.· ·I do not recall.
18· ·told me that. 18· · · · Q.· ·Did you ever hear -- or did you ever hear
19· · · · Q.· ·Just so that the record's clear, Mr. Foy, 19· ·Coach Doyle say, "Go back to the ghetto," or words
20· ·it is true that you never heard Brian Ferentz use 20· ·to that effect?
21· ·the word "ghetto" or "Go back to the ghetto" or 21· · · · A.· ·I do not recall.
22· ·other word?· Isn't that true, Mr. Foy? 22· · · · Q.· ·Did you ever hear Coach Doyle use a racial
23· · · · A.· ·Me personally, I actually do not 23· ·slur, racial name, or racial epithet directed at you
24· ·100 percent recall. 24· ·personally?
25· · · · Q.· ·How about Seth Wallace?· Did you ever hear 25· · · · A.· ·I do not recall.
Page 51 Page 53
·1· ·Seth Wallace use the N-word? ·1· · · · Q.· ·Did you ever hear Coach Doyle use a racial
·2· · · · A.· ·I don't recall. ·2· ·name, racial slur, or racial epithet that you
·3· · · · Q.· ·Did you ever hear Seth Wallace refer to ·3· ·personally observed him direct to some other person?
·4· ·gang members or gang affiliation or say words like, ·4· · · · A.· ·I do not recall.
·5· ·"What gang is he in?" ·5· · · · · · ·MR. STONE:· We've been going about an
·6· · · · A.· ·I don't -- I do not recall. ·6· ·hour.· Why don't we take a 10-minute break.· And,
·7· · · · Q.· ·Did you ever hear Seth Wallace say, "Go ·7· ·Jessi, can you put us in the breakout room, please.
·8· ·back to the ghetto," or words similar to that? ·8· · · · · · ·REPORTER:· Yes.· One moment.
·9· · · · A.· ·I do not recall. ·9· · · · · · ·THE VIDEOGRAPHER:· We will go off the
10· · · · Q.· ·Did you ever hear Brian Ferentz use any 10· ·record at 10:02.· We're off the record.
11· ·racial slur or epithet or name towards you 11· · · · · · ·(A brief recess was taken.)
12· ·personally? 12· · · · · · ·MR. DEIST:· We'll go back on the record at
13· · · · A.· ·Towards me personally, no, sir. 13· ·10:16.· We're on the record.
14· · · · Q.· ·Did you ever hear Brian Ferentz use any 14· · · · · · ·MR. STONE:· Thank you.
15· ·racial slur, racial name, or racial epithet to 15· · · · Q.· ·(By Mr. Stone)· Mr. Foy, I want to try to
16· ·somebody else in your presence that you personally 16· ·visit with you about the schedule for when you
17· ·observed? 17· ·showed up at Iowa to start your participation in the
18· · · · A.· ·Not in my presence.· But once again, 18· ·football program, if you can recall.· Do you
19· ·common knowledge. 19· ·remember what month it was that you started?
20· · · · Q.· ·Yeah.· And if you didn't understand my 20· · · · A.· ·I believe June.· I'm not sure.
21· ·question, Mr. Foy, I was asking about your personal 21· · · · Q.· ·Do you know about what day in June?
22· ·observation.· And it's true that you never observed 22· · · · A.· ·I don't recall.
23· ·personally Brian Ferentz use any racial slur, racial 23· · · · Q.· ·What do you recall was the first thing
24· ·name, or racial epithet in your presence?· That's a 24· ·that took place?
25· ·true statement, isn't it, sir? 25· · · · A.· ·I don't actually recall.

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JAVON FOY· 06/21/2022 Pages 54..57
Page 54 Page 56
·1· · · · Q.· ·Do you recall what you did that first ·1· · · · Q.· ·And then near the end of the fall semester
·2· ·week? ·2· ·of 2019, in anticipation or the prospect of you
·3· · · · A.· ·No, I do not. ·3· ·coming back to the program, did you have a medical
·4· · · · Q.· ·Was it lifting in the weight room and ·4· ·examination by the Iowa medical staff?
·5· ·running?· Was that part of the training? ·5· · · · A.· ·I do not believe so.
·6· · · · A.· ·I believe so. ·6· · · · Q.· ·Do you recall a Dr. Kyle Duchman,
·7· · · · Q.· ·Did you have any medical examinations in ·7· ·D-u-c-h-m-a-n?
·8· ·that first week, if you can recall? ·8· · · · A.· ·I do not recall.
·9· · · · A.· ·I do not recall. ·9· · · · Q.· ·Do you recall whether he ever examined
10· · · · Q.· ·Were any concerns expressed to you about 10· ·you?
11· ·your ability or prospect of handling the exercising 11· · · · A.· ·I do not recall.
12· ·and training that your body would sustain in order 12· · · · Q.· ·Do you recall that before the meeting at
13· ·to be a member of the team? 13· ·which your parents attended and you attended and
14· · · · A.· ·No, sir. 14· ·Kirk Ferentz attended, that you had had a medical
15· · · · Q.· ·Do you remember what night it was that you 15· ·examination by any doctor from the Iowa medical
16· ·were stopped by the police, what day -- 16· ·staff?
17· · · · A.· ·No. 17· · · · A.· ·I do not recall.
18· · · · Q.· ·-- of the week? 18· · · · Q.· ·Was there a time when you were
19· · · · · · ·Was it a Thursday or a Friday, if you 19· ·participating in the Iowa program when you would say
20· ·know? 20· ·you were on a modified program, meaning that your
21· · · · A.· ·I do not recall. 21· ·activities were limited in some way?
22· · · · Q.· ·Was it during the first week you were 22· · · · A.· ·I do not recall.
23· ·participating in football, if you recall? 23· · · · · · ·MS. HECKENKEMPER:· I believe you're muted,
24· · · · A.· ·I do not recall. 24· ·Mr. Stone.
25· · · · Q.· ·Do you know how long it was that you were 25· · · · Q.· ·(By Mr. Stone)· Mr. Foy, how have you been
Page 55 Page 57
·1· ·in the football program before you were stopped by ·1· ·damaged or how do you believe you've been damaged by
·2· ·the police? ·2· ·reason of your participation in the Iowa football
·3· · · · A.· ·I do not recall. ·3· ·program?
·4· · · · Q.· ·Other than weight training and lifting ·4· · · · A.· ·After all those events had taken place,
·5· ·during the time that you were with the team before ·5· ·I've changed drastically emotionally.· I haven't
·6· ·the stop by the police, were there any other ·6· ·been the same.· I haven't been the same person, as
·7· ·activities that you participated in as a football ·7· ·said to -- by my peers, my mother, everybody around
·8· ·player or prospective walk-on for the team? ·8· ·me.· I've become a lot more irate, just irritable,
·9· · · · A.· ·Running and punts, indoor. ·9· ·and depressed.· It's just kind of emotionally made
10· · · · Q.· ·Who coached those sessions, if you know? 10· ·me a wreck.
11· · · · A.· ·I don't recall. 11· · · · Q.· ·Other than the sessions that you visited
12· · · · Q.· ·As you sit here today, how many weeks, if 12· ·with Dr. McMillan, have you been involved in
13· ·you can recall, did you participate in the Iowa 13· ·consulting with any medical provider with respect to
14· ·football program as a walk-on before you were 14· ·any condition you believe you have?
15· ·stopped by the police? 15· · · · A.· ·You said Dr. McMillan?
16· · · · A.· ·I do not recall. 16· · · · Q.· ·I'm sorry.· Is that -- did you consult
17· · · · Q.· ·Did you participate in the football 17· ·with someone who was a psychologist?
18· ·program at any time after you were stopped by the 18· · · · A.· ·Yes.· Earlier you said Jill Huang.
19· ·police? 19· · · · Q.· ·I'm sorry.· I have it confused.
20· · · · A.· ·I do not believe so. 20· · · · · · ·Other than with Jill Huang, have you
21· · · · Q.· ·So in terms of lifting or running or 21· ·consulted with any other medical providers with
22· ·attending meetings or practices after the police 22· ·respect to any condition that you believe arose from
23· ·stopped you, you were not participating in any of 23· ·the Iowa football participation?
24· ·those activities; correct? 24· · · · A.· ·I spoke briefly with my school's
25· · · · A.· ·Correct. 25· ·counselor, my current school, Ventura College.

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JAVON FOY· 06/21/2022 Pages 58..61
Page 58 Page 60
·1· · · · Q.· ·And who was that counselor? ·1· · · · A.· ·I do not recall.
·2· · · · A.· ·At this time I cannot give you a name. I ·2· · · · Q.· ·Was it the time that you were in school at
·3· ·apologize. ·3· ·Fort Dodge, or were you in school in Ventura,
·4· · · · Q.· ·Was it an academic counselor, or was it a ·4· ·California?
·5· ·medical provider, or what was it?· What was this ·5· · · · A.· ·I do not recall exactly when.
·6· ·person's profession? ·6· · · · Q.· ·Was it before or after the lawsuit against
·7· · · · A.· ·She was a -- I believe she -- she was a ·7· ·the University of Iowa and other defendants was
·8· ·counselor of -- she was located in the medical ·8· ·filed?
·9· ·clinic of the school, and I believe she was -- I'm ·9· · · · A.· ·I do not recall.
10· ·not sure what type of counselor she was, but she was 10· · · · Q.· ·Was it before or after the Twitter message
11· ·giving aid emotionally to the students.· I do know 11· ·that you posted after George Floyd's death, if you
12· ·that. 12· ·can recall?
13· · · · Q.· ·Mr. Foy, do you have any criminal record, 13· · · · A.· ·I do not recall.
14· ·or have you been convicted of any crimes other than 14· · · · Q.· ·Were you a student at Iowa, if you can
15· ·traffic violations? 15· ·recall?
16· · · · A.· ·No, sir. 16· · · · A.· ·I do not recall.
17· · · · Q.· ·Have you been involved in any civil 17· · · · Q.· ·Who's the name of the person that you
18· ·actions, or do you have any judgments against you? 18· ·spoke to that said your job was not available to
19· · · · A.· ·No, sir. 19· ·you?
20· · · · Q.· ·Have you given testimony at other -- any 20· · · · A.· ·I can only -- I'm not 100 percent certain
21· ·time other than in today's deposition? 21· ·of his full name.
22· · · · A.· ·No, sir. 22· · · · Q.· ·Who was the decision-maker there about
23· · · · Q.· ·Are you claiming that your financial 23· ·whether or not you could have the job at the car
24· ·opportunities or your employment prospects have been 24· ·wash?
25· ·affected adversely by your participation in the Iowa 25· · · · A.· ·I do not recall.· I do not know.
Page 59 Page 61
·1· ·football program? ·1· · · · Q.· ·Do you know whether any coach from the
·2· · · · A.· ·Yes, sir. ·2· ·University of Iowa, among Brian Ferentz, Seth
·3· · · · Q.· ·What -- have you sought any jobs that ·3· ·Wallace, Kirk Ferentz, or Chris Doyle, had any
·4· ·you've not been able to obtain because of your ·4· ·communication with anyone at the car wash about your
·5· ·connection with the Iowa football program, or what ·5· ·prospective employment?
·6· ·happened to you? ·6· · · · A.· ·What was the question?
·7· · · · A.· ·I had a job at a car wash I was hoping to ·7· · · · Q.· ·Yeah.· I'll try it again, Mr. Foy.· The
·8· ·return to as I came back home, and the owner was a ·8· ·question goes to who from the coaching staff, if
·9· ·big season ticket holder Hawkeyes fan.· And after ·9· ·anyone, may have talked to your prospective employer
10· ·that whole situation, just I -- I couldn't even -- 10· ·at the car wash.· Do you know whether Brian Ferentz
11· ·wasn't even a topic of me returning to work.· It was 11· ·or Seth Wallace or Kirk Ferentz or Coach Chris Doyle
12· ·just, "Yeah, I heard what happened.· That's tough." 12· ·talked with anyone at the car wash?
13· ·But before, prior, I was always welcome to come back 13· · · · · · ·MS. HECKENKEMPER:· Object to form.
14· ·to work.· And then after that I figured my time was 14· · · · A.· ·No, I do not.
15· ·up in the area.· So I didn't try again. 15· · · · Q.· ·(By Mr. Stone)· Well, okay, Mr. Foy.· We
16· · · · Q.· ·Well, let me see if you can put some dates 16· ·have an objection.· Let's break it down.· What did
17· ·on what we're talking about, Mr. Foy.· This was a -- 17· ·Brian Ferentz say, if anything, to your prospective
18· ·was this car wash located in Moline? 18· ·employer, if you know?
19· · · · A.· ·Yes, sir. 19· · · · A.· ·I do not know.
20· · · · Q.· ·And you were returning to -- for possible 20· · · · Q.· ·What did Seth Wallace, if anything, say to
21· ·employment at the car wash? 21· ·your prospective employer, if you know?
22· · · · A.· ·Yes.· Over breaks and things like that. 22· · · · A.· ·I do not know.
23· ·I'd work there in -- in high school. 23· · · · Q.· ·What did Coach Chris Doyle say, if
24· · · · Q.· ·When is it that you tried to return and 24· ·anything, to your prospective employer at the car
25· ·learned that you weren't welcome? 25· ·wash, if you know?

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JAVON FOY· 06/21/2022 Pages 62..65
Page 62 Page 64
·1· · · · A.· ·I do not know. ·1· · · · A.· ·I do not know.
·2· · · · Q.· ·What did Kirk Ferentz say, if anything, to ·2· · · · Q.· ·Mr. Foy, I want to put in front of you
·3· ·your prospective employer at the car wash? ·3· ·again Exhibit 86.· Do you see some pages in front of
·4· · · · A.· ·I do not know. ·4· ·you, Mr. Foy?
·5· · · · Q.· ·What did any coach from the Iowa football ·5· · · · A.· ·Yes, sir.
·6· ·program say to your prospective employer at the car ·6· · · · Q.· ·Okay.· And again, I'm going to show you
·7· ·wash? ·7· ·that we're talking about Exhibit 86 on the bottom of
·8· · · · A.· ·I do not know. ·8· ·the first page.· Can you see that?
·9· · · · Q.· ·What did any representative or employee of ·9· · · · A.· ·Yes, sir.
10· ·the University of Iowa say to any prospective 10· · · · Q.· ·I want to turn your attention to
11· ·employer at the car wash about your job? 11· ·Interrogatory No. 5, and it starts at the bottom of
12· · · · A.· ·I do not know. 12· ·page 4.· Why don't you tell me when you've read the
13· · · · Q.· ·Have you now explained to me all the ways 13· ·bottom of page 4 of Interrogatory No. 5, and I'll go
14· ·in which you believe your prospective employment 14· ·over to the next page.
15· ·opportunities have been impacted by your 15· · · · A.· ·I've read it.
16· ·participation in the Iowa football program? 16· · · · Q.· ·And then the rest of the question and the
17· · · · A.· ·Yes.· Besides prospective future jobs, 17· ·answer appear on page 5.· And I want to ask you some
18· ·that is all. 18· ·questions about page -- or the answer.· So tell me
19· · · · Q.· ·What does that mean, Mr. Foy? 19· ·when you're ready.
20· · · · A.· ·That means that I feel like it had an 20· · · · A.· ·I've read it.
21· ·effect on me -- effect on me getting -- getting jobs 21· · · · Q.· ·In the middle of the answer, it says,
22· ·around in that area, things like that, in the future 22· ·"Additionally, when you were" -- "when Plaintiff Foy
23· ·as time went on, as good of jobs with the background 23· ·was suspended from the football team, he was told by
24· ·that I have. 24· ·the coaching staff that if he completed certain
25· · · · Q.· ·Would you agree that it's speculative as 25· ·requirements (attending meetings, arriving on time
Page 63 Page 65
·1· ·to what jobs you may seek in the future? ·1· ·for all classes, keeping his grades up, and
·2· · · · A.· ·I didn't speculate.· No. ·2· ·completing all assignments), he could come back and
·3· · · · Q.· ·Would you agree that it's speculative ·3· ·play."· Who was that conversation with, Mr. Foy?
·4· ·whether any particular employer may be unwilling to ·4· · · · A.· ·Who was the conversation -- who told me
·5· ·employ you because of your participation in the ·5· ·that?
·6· ·football program? ·6· · · · Q.· ·Yes.
·7· · · · A.· ·Maybe. ·7· · · · A.· ·I cannot exactly remember who I was told
·8· · · · Q.· ·Do you think that people who are ·8· ·by -- by -- who exactly told me that that was what
·9· ·supportive of the football program might take issue ·9· ·we were going to do, but I remember it was
10· ·with the fact that you've sued the football program? 10· ·communicated through Kirk Ferentz and Broderick
11· · · · A.· ·Yes, sir. 11· ·Binns.
12· · · · Q.· ·And you think that may impact your 12· · · · Q.· ·At the time that those statements were
13· ·possible employment in the future, but you don't 13· ·made to you or at the time that you were
14· ·have any persons or employers or jobs in mind that 14· ·anticipating coming back, you understood you still
15· ·you can tell us you have had any impact with or know 15· ·needed to be medically cleared to play; correct?
16· ·that you will have any impact with? 16· · · · A.· ·No, sir.
17· · · · A.· ·Yes, sir. 17· · · · Q.· ·You thought, just by going to class and
18· · · · Q.· ·Have we now covered everything that you 18· ·attending meetings and keeping your grades up and
19· ·believe may have impacted you with respect to 19· ·completing assignments, you would get back on the
20· ·prospective employment? 20· ·team, regardless of your medical condition?· Is that
21· · · · A.· ·Yes, sir. 21· ·what you're telling us, Mr. Foy?
22· · · · Q.· ·Do you know whether anyone from University 22· · · · A.· ·I'm telling you nobody told me I had a
23· ·of Iowa, any coaches or anyone, has talked with any 23· ·medical condition or -- nor that I needed to be
24· ·prospective employers about your possible 24· ·reevaluated to come back.
25· ·employment? 25· · · · Q.· ·But it's fair to say that you understood

Doyle Appx. 441
YVer1f
JAVON FOY· 06/21/2022 Pages 66..69
Page 66 Page 68
·1· ·you had to be medically cleared to play at all times ·1· · · · · · · · · C E R T I F I C A T E
·2· ·to be on the team; correct?· You knew that? ·2· · · · I, the undersigned, a Certified Shorthand
·3· · · · A.· ·Correct.· But I was told about all the ·3· ·Reporter of the State of Iowa, do hereby certify
·4· ·other things I must meet, all the requirements, and
·5· ·that was not one of them.· It didn't seem like it
·6· ·was an issue that my health was -- or that my health
·7· ·was an issue.· Excuse me.· It wasn't made apparent.
·8· · · · · · ·MR. STONE:· Why don't you give us five
·9· ·minutes.· Jessi, if you'll put our group in the
10· ·room.· I think we may be completed.· So ...
11· · · · · · ·THE VIDEOGRAPHER:· Okay.· We will go off
12· ·the record at 10:40.· We're off the record. 13· ·deposition is a true record of the testimony given
13· · · · · · ·(A brief recess was taken.) 14· ·and of all objections interposed.
14· · · · · · ·THE VIDEOGRAPHER:· We are going back on 15· · · · I further certify that I am neither attorney or
15· ·the record at 10:46.· We're on the record. 16· ·counsel for, nor related to or employed by any of
16· · · · · · ·MR. STONE:· We have no further questions. 17· ·the parties to the action in which this deposition
17· · · · · · ·MS. HECKENKEMPER:· I just have a couple of 18· ·is taken, and further that I am not a relative or
18· ·follow-ups. 19· ·employee of any attorney or counsel employed by the
19· · · · · · · · · · · ·EXAMINATION 20· ·parties hereto or financially interested in the
20· ·BY MS. HECKENKEMPER: 21· ·action.
21· · · · Q.· ·Javon, earlier -- and I believe it was in 22· · · · Dated this 4th day of July 2022.
22· ·the context of speaking about talking to Liz 23
23· ·Tovar -- you were asked whether there was anything · · · · · · · · · · · · · ·____________________________
24· ·other than the search of your dorm that bothered you 24· · · · · · · · · · · · ·CERTIFIED SHORTHAND REPORTER
25· ·at the University of Iowa, and I believe you said 25
Page 67 Page 69
·1· ·no.· Did you feel that you were racially discrim -- ·1· ·AKRUM WADLEY, ET AL. VS. UNIVERSITY OF IOWA, ET AL.
·2· · · · · · · · · · · · JAVON FOY
·2· ·racially discriminated against in the University of
·3· · · · · · · · · · · · ·6/21/22
·3· ·Iowa's football program? ·4· · · · · · · · · ·WITNESS ERRATA SHEET
·4· · · · A.· ·Yes, I did. ·5· ·Indicate changes you want to make below, including
·5· · · · Q.· ·And did that bother you? · · ·page number, line number, the text as shown in the
·6· · · · A.· ·Very much so.
·7· · · · Q.· ·How did that make you feel? ·7· ·Smith to Smythe, incorrect spelling.
·8· · · · A.· ·Emotionally I felt worthless, and I'm ·8· ·Page· ·Line· ·Change what to what· · · Reason
·9· ·still dealing with that to this day. · · ·____________________________________________________
·9
10· · · · · · ·MS. HECKENKEMPER:· I have no further
10
11· ·questions either.· And we'll read and sign.· Unless 11
12· ·there are any follow-ups ... 12
13· · · · · · ·MR. STONE:· We have nothing further. 13
14· · · · · · ·THE VIDEOGRAPHER:· This concludes the 14
15
15· ·video deposition of Javon Foy.· We are going off the 16
16· ·record at 10:47.· We're off the record. 17· ·I have read my examination under oath and have noted
18 18· ·dated this ____ day of _________, 2022.
19
19
· · ·_____________________
21 21
23· ·_________, 2022.
23
24
24 · · ·_____________________

Doyle Appx. 442
Messages - Kirk Ferentz
6/14/19, 8:21 PM
Forward to you. This was sent to me from Aaron Mends:
Msg...
Hey coach I just wanted to send you a text and reach out to you. Its been
on my mind for a while now, and I just wanted to say thank you for
everything that you and KF have done for me over the years. My last few
months at Iowa I feel like I barley crawled my way out of the program,
and I didn't want to leave you guys with a bad taste in your mouths about
me. I really appreciate you and KF sticking with me through my injury
and going out of the way to pay for my treatment while I was back home.
I'm sure you know this, but seeing it first hand you really do an amazing
job with the team. My coach's complement me all the time for my work
ethic and attention to details. I have you to thank for that. Its was hard
sometimes while I was in the program to realize how much I have
learned from being around you and KF but I am confident I have built a
solid foundation for what ever my next step is. If I only remember one
thing it will be to always fall back on my fundamental when things get
tough. I wish you all the best and hope the off season is going well. I'll be
cheering for you guys in the fall. #GoHawks
I don’t know KF’s number but feel free to pass this along to him as well.
6/14/19, 11:14 PM
Thanks Chris!
Not Responsive
Page 7 of 49
Doyle Appx. 443
Chris Doyle
coachdoyle@gmail.com
EXPERIENCE
University of Iowa January 1999- June 2020
Executive Director of Football
Head Strength & Conditioning Coach
• Directed all aspects of Athletic Performance and Player Development
• Designed annual calendar for football program
• Designed all programming (Speed Development/Strength Development/Conditioning)
• Directed Functional Movement Screening and Corrective Exercise Programming
• Director of Nutrition. Dietary analysis/individual consulting/all team meal planning and menus
• Coordinated athlete refueling and recovery
• Coordinated Sports Science analytics (GPS/Fatigue Science/Ithlete HRV/Force Plate Analysis)
• Coordinated team building and leadership development program.
• Conducted individual recruiting meetings
• NFL Liaison/Directed player agent education program
• Directed continuing education and internship programs
• Liaison to sports medicine. Designed and coordinated return to play protocols
• Served on the University of Iowa Health Advisory Board
University of Utah January 1998- December 1999
Director of Strength & Conditioning
• Directed Strength & Conditioning for all sports
• Worked directly with Football and Men’s Basketball
• Conducted individual recruiting meetings
• Liaison to sports medicine
• Served on the University of Utah Health Advisory Board
University of Wisconsin January 1996- January 1998
Assistant Strength & Conditioning Coach
• Assisted with Football, Men’s and Women’s Basketball and Volleyball
• Head S&C Coach Men’s Hockey
Holy Cross College- Assistant Football Coach January 1992- December 1996
• Offensive Line/TE Coach
• All aspects of Offensive Organization/Game Plan/Practice Plans
• Assisted with S&C program in off-season
University of Notre Dame - Graduate Assistant January 1991- December 1991
• Offensive Line
• Assisted with S&C program in off-season
Syracuse University- Graduate Assistant May 1990- December 1990
• Offensive Line
Doyle Appx. 444

EDUCATION
Boston University
M.Ed. Human Movement May 1991
B.S. Human Movement May 1990
Credentials
Collegiate Strength and Conditioning Association
• SCCC, MSCC
• Elected to National Board of Directors two consecutive terms 2016/2018.
• Contributing Author CSCCa Professionals Guide to Strength & Conditioning
• Served on the Certification Committee
Doyle Appx. 445

CHRIS DOYLE FACT SHEET
• Iowa won 47 games over the past five seasons, the highest total in school history
over any five-year period, and a total that ranks ninth nationally.
• Iowa participated in 17 bowl games since 2001, including 11 January bowl
games. Iowa has recorded January bowl wins over Florida (2004 Outback),
Louisiana State (2005 Capital One), South Carolina (2009 Outback), Georgia
Tech (2010 Orange) and Mississippi State (2019 Outback).
• Iowa posted a perfect 12-0 regular season record in 2015, winning the West
Division of the Big Ten Conference. Iowa participated in the 2016 Rose Bowl
Game and the 2015 Big Ten Championship and ended the season in the top 10
in the final national rankings for the 5th time under Doyle.
• Iowa has won 151 games over the past 18 seasons, including 90 Big Ten games.
• Doyle was elected to serve as a member of the CSCCa Board of Directors at the
organization’s 16th annual national conference in 2016, and in 2018 re-elected
for an additional three-year term by his peers.
• Doyle was presented with the certification of Master Strength and Conditioning
Coach by the CSCCa in 2012. The certification is considered the highest honor
that can be achieved in the coaching profession of Strength and Conditioning,
and represents professionalism, knowledge, experience, expertise and longevity
in the field.
• Doyle has mentored more than 80 former interns and assistants who have
advanced in the field of Strength and Conditioning, with 35 becoming head
strength and conditioning coaches.
• During Doyle’s tenure 89% of senior starters moved on to the NFL.
• Developed 210 student-athletes who have advanced to the professional ranks in
the NFL, NHL and NBA.
• 64 Iowa players have been drafted in the past 17 years, with nine first round
selections and 14 players being selected among the top 50 picks.
• Iowa had 3 walk-ons drafted in the same draft (2003). Only time in NFL history.
• Iowa had 2 TE’s drafted in the first round (2019). Only time in NFL history.
• Iowa has seen 6 underclassmen drafted in the past two drafts.
• Iowa players have dominated the NFL combine over the past 20 years. Routinely
finishing at the top positionally.
• Inducted into the Boston College High School Hall of Fame in 2004. Chris and
his wife, Tia, have three sons, Declan, Donovan and Dillon. Declan is an
offensive assistant coach with the NFL’s New Orleans Saints. Donovan
graduated from Harvard where he was a member of the wrestling team. Dillon is
a sophomore starting LB at Baylor University
Doyle Appx. 446

HUSCH BLACKWELL
PERSONNEL REPORT
Date: July 2020
To: University of Iowa
From: Husch Blackwell LLP
Re: Excerpts from Personnel Report of Coach Chris Doyle
Former/Current Players and Coaches Responses to Allegations:

“We interviewed numerous current and former players and coaches who spoke
positively of Coach Doyle, appreciated his influence on their lives, and adamantly
denied that he is a racist or acted with racial malice. These current and former players
and coaches who spoke positively of Coach Doyle included several Black current and
former players and coaches.”
“It is important to note that many specific allegations and incidents were disputed
and/or were uncorroborated.”
“Several coaches described being “shocked and surprised” after reading the
allegations against Coach Doyle on Twitter. Numerous coaches said they never saw
any of the things being alleged and their players never approached them about Coach
Doyle’s treatment of them.”
“Several players disputed the allegation that Coach Doyle treated players differently
based on their race.”
“Several Black current and former players said they never saw Coach Doyle say or do
anything racially offensive. Two former Black players said Coach Doyle held everyone
to the same high standard and that if you did not meet that standard, he would let you
know. A current player said Coach Doyle pushed him hard, but nothing was based on
his race; it was all about making him better.”
Doyle Appx. 447

“Several Black players reinforced this sentiment. For example, one former player said
that Coach Doyle could be tough on players, but he didn't use racial slurs. One current
player told investigators he had a "tight" relationship with him and liked the fact that
Coach Doyle pushed 4 him and made sure every detail was correct. A second current
player said Coach Doyle treated him well and was one of the main reasons he came to
the program. A third current player said Coach Doyle treated him with respect and they
got along. He explained that Coach Doyle worked players hard every day. A former
player acknowledged that Coach Doyle was “not kind” when players made mistakes,
but he had an “overall good relationship” with him. One former player described Coach
Doyle as smart and talented and credited him for making him a better athlete than
when he came into the program.”
“One current player said Coach Doyle was a mentor and father-figure to him and
described him as a very demanding coach for whom every player had to come in every
day attempting to be the best versions of themselves. Several current players said their
relationship with Coach Doyle was good because they followed the rules and did not
get into trouble. A different current player said that players “brought trouble on
themselves” because they didn't do things “the right way” and that should be taken
under consideration.”
“Coach Doyle denied each of the allegations. He stated that he treated every player
the way that he treats his own son. He denied mistreating any players or using racist,
sexist, or ableist language. He also denied bullying or trying to push anyone out of the
program. He characterized some of the allegations made by current and former players
as “theatrics” or having been “embellished” and told investigators that most of the
accusations lodged against him through social media were inaccurate and untrue.”
“Coach Doyle explained that his coaching style is based on several core principles as
an educator. One of those core principles is to make a positive impact on people’s
lives. He also believes in “self-fulfilling prophecy” and that his job is to help young
people believe in themselves by challenging them and then helping them overcome
those challenges to build confidence. According to Coach Doyle, college football is
difficult, and his one goal is to help athletes improve. Coach Doyle described himself
as dedicated, devoted, tough, and hard, but denies ever acting with racial bias.”
“According to one coach, Coach Doyle required players to take pride in what they did
and be very diligent and detail oriented; if things were not done the right way, they
needed to be addressed. A former coach said Coach Doyle expected players to be
Doyle Appx. 448
detailed and on time. A different former coach said Coach Doyle held players to an
extremely high standard but never demeaned or embarrassed a player.”
“Current and former strength and conditioning staff members, including four Black staff
members, noted that they had very positive experiences working with Coach Doyle.
These staff members denied that Coach Doyle targeted players based on their race.
Indeed, three Black former staff members told investigators that Coach Doyle’s
personal interest in their professional development and career aspirations contradict
such allegations.”
Doyle Appx. 449

INDIVIDUAL STATEMENTS
EACH OF THE FOLLOWING STATEMENTS WERE CONTRIBUTED
IN THE SUMMER AND FALL OF 2020
Doyle Appx. 450

DR. A. NED AMENDOLA

PROFESSOR OF ORTHOPEDIC SURGERY, DIRECTOR OF SPORTS MEDICINE
CHIEF MEDICAL OFFICER FOR ATHLETICS, DUKE UNIVERSITY
“I am aware of what has been going on at the University of Iowa from a distance, and I feel it is important to communicate my experience with
Chris Doyle and Iowa football during my 14 years there. My position at Iowa required my supervision of the health and well-being of all the
players, took care of all their injuries, communicated to their parents and families in all of these situations. I feel I have an extremely broad
view on the operations and culture within Iowa football.
First, we had a unique approach at Iowa that is non-existent at most NCAA schools and other sports organizations. We had a collaborative
team approach to the health and management of injuries within football with transparent seamless communication. We had weekly team
meetings with team physicians (primary and orthopedic (me)), trainers, conditioning coach (Chris Doyle), head coach and discussed each
injury with a daily and weekly plan. Input, questions, concerns, came from the whole team. Communication to the athlete and family regarding
medical matters was by me or the trainers. This was an ideal situation in terms of caring for injuries pre-surgery, post-surgery, rehab,
strengthening, and progression to return to sport. Chris Doyle was involved in all stages of care from planning, communication with the
athletes, rehab, and functional progression according to medical oversight. It was ideal teamwork, and successful care and return to the field for
all athletes. As a team physician I was never pressured to return athletes to the field prematurely.
I can state with certainty that we took care of all athletes in the same fashion, no matter if they were starters, freshmen, walk-ons….I did not
sense any element of racial bias in the Iowa atmosphere…no bias in the care of all of these athletes. I do not remember any occasions where
athletes or family members were concerned about racial bias, inappropriate care, inequality, or different level of care based on anything.
In my opinion Chris Doyle was the ultimate considerate team player in our “medical team”. He was always asking questions, all directed at
learning and improving the care of these kids’ lives and their health. In addition to taking care of injuries, we were involved in pre-season and
post season evaluation to improve and prepare the athletes off-season and upcoming season, as a means of reducing injury from future
participation. I am speaking mainly from a medical point of view, but I also know indirectly that Chris was involved in the complete care of
these athletes: mentoring, nutritional support, social initiatives in the community, to mention a few.
In summary, Chris Doyle is an outstanding communicator and coach, but more importantly I feel he is of the highest ethical and moral
standard, and with his work always wanted to do the right thing. He is passionate and energetic and would be a tremendous asset for any
company or organization.”
– A. Amendola MD., Professor of Orthopedic Surgery, Director of Sports

Doyle Appx.Medicine,
451 Chief Medical officer for Athletics, Duke University.
PAT ANGERER
INDIANAPOLIS COLTS
“No coach has done more for my career and my life than Chris Doyle. He is the main
reason I went to The University of Iowa and the reason I was able to have an NFL
career. As much time, effort and love he puts into making you a better player, he puts
just as much into making you the best person you can be. When parenting my three
children or working in my new career, there are daily instances where I look back at
things Coach Doyle has instilled in me which allows me to overcome obstacles with
ease. A teammate of mine at The University of Iowa, named Brett Greenwood, collapsed
in 2011 and was in a coma for nearly 30 days. Since then we have been working to try to
build him back up and get him moving again. Coach Doyle has dropped everything to
assist Brett in his recovery. Most recently, driving an hour to assist Brett in a workout.
Brett has a long road ahead, when Coach Doyle is here we get the best out of Brett.
When Coach Doyle is your coach, you get the absolute best out of yourself and when
Coach Doyle is your coach, you get the absolute best out of your team. Coach Doyle is
the best in the business and has been for many years but he is still humble, always
evolving and looking for any edge he can give his athletes not just during their careers
but for the rest of their lives.”
– Pat Angerer, Indianapolis Colts.

Doyle Appx. 452
RAIMOND BRAITHWAITE
DIRECTOR OF STRENGTH & CONDITIONING, IOWA FOOTBALL
“I have witnessed firsthand; Chris Doyle be an agent of change in the lives on young
people over the last 16 years. He coaches people to what they could be, not to what they
are now. He exposes individuals to a higher standard and then holds them to that
standard moving forward. At the same time he understands that even though the athletes
he works with come from different backgrounds, they all have the same potential for
vast improvement mentally as well as physically, and they must leave their comfort
zones to get there. His unique ability to take complex concepts and make them simple
enough for athletes to understand is second to none. He educates athletes to realize that
champions are created and formed by decisions made when no one is watching. He has
motivated the people he works with to become better versions of themselves. He is a
leader. A man of integrity, humility and ambition that understands that teams can go far,
only if they go together. On a personal level, Chris Doyle set an example for me as a
husband and as a father. Being around him has made me a better person which has also
made me a better coach. He is someone I would want in my life even if the sport of
football did not bring us together.”
– Raimond Braithwaite, Director of Strength & Conditioning, Iowa Football.
Doyle Appx. 453

BRYAN BULAGA
GREEN BAY PACKERS, LOS ANGELES RAMS
NFL CAPTAIN
“I can’t say enough about how impactful Coach Doyle was for me not only as a football
player but as a person. We as players spent more time with Coach Doyle than any other
coach at Iowa and he made every guy raise their level of focus, intensity, and effort
every single workout. I can honestly say that without Coach Doyle’s workouts and
programming for three years, I would not have been ready to make the jump to the NFL
as a 21-year-old kid. He is the best in the business at what he does, and I am extremely
thankful for the three years I had with him. When I left I Iowa I left as a better football
player and a better man and I will be forever grateful for the role coach Doyle played in
that.”
– Bryan Bulaga, Green Bay Packers, LA Rams. NFL captain.
Doyle Appx. 454

DALLAS CLARK
INDIANAPOLIS COLTS, PRO BOWL, SUPER BOWL CHAMPION
“A foundational benchmark of a great coach is having the ability to see something

greater in an athlete then the athlete sees in themselves...but only the great ones find a
way to bring it to life! That idea is how I see Coach Doyle! The journey of walk-on
linebacker to Mackey Award winning TE at the University of Iowa does not happen for
me without Coach Doyle. The environment he creates and the attention to detail is
unmatched and his ability to get you to a level that you never thought you could reach is
something special. It is an environment that is built around the love of competing and
the love of football. Coach Doyle is a man with great integrity, accountability, and
passion for his athletes. When you leave his program, you leave it a better athlete but
more importantly a better man!”
-Dallas Clark, Indianapolis Colts, Prow Bowler, Super Bowl Champion.
Doyle Appx. 455

SEAN CONSIDINE
BALTIMORE RAVENS, SUPER BOWL CHAMPION
“Coach Doyle was exactly who I needed at a point in my life where I wanted to become
the best, I could be but didn’t know how to do it on my own. His emphasis not only on
the physical nature of football training but also the science and mental state of mind
required to reach your potential instilled a foundation that I rely on to this day. I am
extremely fortunate for the 5 years I shared with Coach Doyle and I owe a lot of my
success to the leadership he provided!”
- Sean Considine, Baltimore Ravens, Super Bowl Champion.
Doyle Appx. 456

MIKE DANIELS
CINCINNATI BENGALS, PRO BOWL
“In a word, Coach Doyle was the ‘I’ in Mike Daniels. His hardcore weight room
workouts, and excellent life lessons have helped me to stay dominant in the most
competitive, popular and idolized sport on the planet. His teachings were and continue
to be implemented by me in the NFL. I look forward to passing these on to both of my
sons in the future as well. With great respect, and honor always; Thank you Coach
Doyle!”
– Mike Daniels, Cincinnati Bengals, Pro Bowler.
Doyle Appx. 457

A.J. EPENESA
BUFFALO BILLS
“We are a program built on taking two- and three-star players turning them into big time
B1G players. A lot of the credit is due to our strength and conditioning program. Coach
Doyle views every single moment, every single day, as an opportunity to get better.”
- A.J. Epenesa, Buffalo Bills.
Doyle Appx. 458

ETTORE EWEN
PROFESSIONAL WRESTLER, WWE WORLD CHAMPION
“There’s a bevy of collegiate All-Americans, NFL starters and All-Pro players who will
speak to the massive leaps in strength & performance they made under Chris Doyle’s
guidance. I, too, immediately knew Coach Doyle was a master of his craft as soon as I
got to Iowa. Although I never played a down of professional football, I still use many of
the principles I learned from Coach Doyle as a professional wrestler. However, what’s
not talked about enough is the connection Chris makes with student-athletes. Chris
regularly went out of his way to cheer me up or check in with me when I was struggling
with the mental toll of multiple ACL rehabs. Even when my playing days were over, he
made a point to make me feel like I was valued as a human, and for that I’ll be forever
grateful. “
– Ettore Ewen, Professional Wrestler, WWE World Champion.
Doyle Appx. 459

NOAH FANT
DENVER BRONCOS
“During my time at Iowa I could always count on Coach Doyle to hold me to the
absolute highest standard. He demanded greatness out of anyone that came through the
Iowa program. He truly helped me reach my goals at an exponential pace. I wouldn’t
have been able to make those drastic transformations to my body and my mentality
without having Coach Doyle as my Strength Coach. I would challenge anyone to find
another Strength Coach that takes guys that are two and three star athletes out of high
school and turns them into first round draft picks as much as Coach Doyle has. He
provides the young men that come through his program the tools they need to make the
best of their careers in football, but also to make the best of their lives away from the
game.”
- Noah Fant, Denver Broncos
Doyle Appx. 460

JAMES FRAZIER
DIRECTOR OF STRENGTH & CONDITIONING, HARVARD
(IOWA 2006-2008)
“Coach Doyle has been one of my largest advocates. Not just in the field of strength and
conditioning, but also in life. I have worked to emulate my coaching style after his.
During my time working with him, he has shown himself to care deeply for the athletes
under his care, and to demand the best of anyone working with him. He pushed each of
his athletes to focus on details and push themselves outside of their comfort zones. He
pushed me to be a better strength coach, father and teacher. His ability to get the most
out of players and staff are evident in the success his former players and assistants have
achieved after working with Coach Doyle. His impact and ability to love, serve and care
are second to none.”
- James Frazier, Director of Strength and Conditioning at Harvard. (Iowa 2006-2008)
Doyle Appx. 461

ANTHONY HITCHENS
KANSAS CITY CHIEFS CAPTAIN, SUPER BOWL CHAMPION
“I appreciate everything Coach Doyle has done for me and my career, not only held me
accountable in sports but in life. Thank you for the traits you instilled in us. It will make
us better men, brothers, sons, fathers, and husbands. My experience with Doyle was
everything I needed to succeed in life.”
– Anthony Hitchens, Kansas City Chiefs. Captain and Super Bowl Champion.
Doyle Appx. 462

CHAD GREENWAY
MINNESOTA VIKINGS, CAPTAIN, PRO BOWL
“Chris Doyle has been the biggest coaching influence in my life. I came to the
University of Iowa as an 18-year old boy, with big dreams and a work ethic. Coach
Doyle taught me how to be a leader, taught me to sacrifice, taught me how to care for
my brothers (teammates) like no one had done before. Coach Doyle taught all of us the
meaning of TEAM first culture and the power that it possesses. Beyond the weight room
and the lessons on the field Coach Doyle provided me the blueprint of what it took to be
a great man. The lessons I learned in the Iowa program serve me every day as a
husband, as a father, as a community leader and as a professional. Coach Doyle was the
biggest part of that. The thing I admire about OUR program at Iowa is that it isn’t one
size fits all. OUR program is for everybody who is selfless, team first and for anyone
who is willing to work for a common goal that is bigger than themselves. I thank Coach
Doyle everyday for these lessons and wouldn’t be the man I am without him.”
– Chad Greenway, Minnesota Vikings, Captain, Pro Bowler.
Doyle Appx. 463

RUSSELL HAYNES
UNIVERSITY OF IOWA SPORTS MEDICINE CENTER
CLINICAL PRACTICE ATHLETIC TRAINER
“I have worked with Coach Chris Doyle for 20 years in my role as Assistant Athletic
Trainer and Associate Director of Athletic Training Services/Head Athletic Trainer of
Football at the University of Iowa. Chris has a deep commitment to the program and the
positive development of all members of the football team. His science-based approach to
strength and conditioning has provided highly effective programming throughout the
years that I have worked with him. Chris’s continuous evaluation of research and
evolving science has been an important part of the efficiency and effectiveness of the
strength and conditioning program. Chris provides an environment that encourages
personal and professional growth on and off the field, and he believes in a team
approach in all aspects of coaching. Chris effectively collaborates with the sports
medicine staff on the rehabilitation and reconditioning of injured athletes. He listens,
discusses, and provides alternative programing for a safe return to sports participation of
injured athletes. His interactions have been positive, productive, and respectful. I have
great respect of Chris’s standards, work ethic, and his constant pursuit of providing a
cutting-edge approach to player programming.”
– Russell Haynes, University of Iowa Sports Medicine

Doyle Center, Clinical Practice Athletic Trainer
Appx. 464
T.J. HOCKENSON
DETROIT LIONS
“Throughout your playing career, you’re thrown into situations that are uncomfortable
and you have to be able to relax and navigate your way through those. Coach Doyle
always teaches you to be comfortable in those situations to be successful.”
- T.J. Hockenson, Detroit Lions
Doyle Appx. 465

MICAH HYDE
BUFFALO BILLS, CAPTAIN, PRO BOWL
“Coach Doyle is a huge reason why I’m where I am today. His knowledge in physical
training and transforming athletes is remarkable. I’m early into my 8th year in the NFL
and I feel better than I ever have due to the knowledge he’s passed on to me.”
– Micah Hyde, Buffalo Bills. Captain and Pro Bowler.
Doyle Appx. 466

JOSEY JEWELL
DENVER BRONCOS
“Coach Doyle demands excellence and will get every ounce of potential out of you if
you trust in the process. If you are willing to put in the work, he will give you all the
tools to succeed and that’s why he’s the best in the business.”
- Josey Jewell, Denver Broncos.
Doyle Appx. 467

NATE KAEDING
SAN DIEGO CHARGERS, ALL PRO
“Often times kickers are set aside in the weight room and ignored. Throughout my entire
collegiate and professional career Coach Doyle went out of his way to customize a
strength development plan that was critical to my success. Beyond that, Coach Doyle
was a mentor who instilled in me a love of hard work, accountability and toughness.”
– Nate Kaeding, San Diego Chargers, All Pro.
Doyle Appx. 468

DESMOND KING
LOS ANGELES CHARGERS, ALL PRO
“Coach Doyle develops you into the best athlete you can be, physically and mentally.
That’s why he was so special to our program at Iowa.”
– Desmond King, LA Chargers, All Pro.
Doyle Appx. 469

CHRIS KIRKSEY
GREEN BAY PACKERS, CAPTAIN
“Coach Doyle has helped me develop not only by exceeding on the field but also
preparing me mentally for the next level. I had high expectations for myself and he
helped push me to thrive in everything I did. That is what coaching is about, pushing
your players beyond what they think their limits are. Chris Doyle would be a great piece
to helping men reach their potential.”
- Chris Kirksey, Green Bay Packers
Doyle Appx. 470

CASEY KREITER
NEW YORK GIANTS, PRO BOWL
“The most effective coaches have two essential traits, an expertise of their sport and a
deep compassion for their athletes. Coach Doyle epitomizes both at the highest level.
Coach Doyle is someone that has been vital to my success as an athlete, but more
importantly as a human being. I would not be the man, father, or husband that I am
today without his influence. His expertise in the field of strength and conditioning
speaks for itself, but his ability to connect with individual athletes is what makes him an
elite coach. He is someone I can call for advice, and someone who has always found joy
in his athletes’ successes over his own. Coach Doyle has never been afraid to challenge
me or tell me when I can do better. In times of need Coach Doyle has also the first
person to take me aside and make sure I was alright. Sports are better with Coach Doyle
involved and any organization would be fortunate to have him involved in their
program.”
– Casey Kreiter, New York Giants, Pro Bowler.
Doyle Appx. 471

KAMMY POWELL
DIRECTOR OF ATHLETIC TRAINING, IOWA FOOTBALL
“As the Head Football Athletic Trainer at The University of Iowa, I worked with Chris
Doyle for 2 years. Chris is a true professional who looks to get the best from everyone
around him. We had a very positive working relationship. There was always a concern
for doing what was best for the student-athlete. We worked together to develop and
execute a plan to get players back on the field as quickly and safely as possible. Chris
not only cared for their physical well-being but also cared about developing the student-
athlete to be the best person they could be through accountability and holding them to a
high standard.”
- Kammy Powell, Director of Athletic Training, Iowa Football
Doyle Appx. 472

RILEY REIFF
MINNESOTA VIKINGS, CAPTAIN
“There has not been a bigger impact on my football career than Coach Doyle. I can’t
thank him enough for what he’s done for me in the weight room, but I am more grateful
for him developing me into the man I am today. Coach Doyle is the definition of a
leader.”
- Riley Reiff, Minnesota Vikings Captain.
Doyle Appx. 473

BRANDON SCHERFF
WASHINGTON FOOTBALL TEAM CAPTAIN, ALL PRO
“If it were not for Coach Doyle, I would not be sitting in the position that I am today.
Coach Doyle challenged me to do things that I would never think I could do each day.
He not only helped me become a faster and stronger football player, he taught me how
to treat people the right way and be a better man. He turned me into the husband and
father that I am today. He is always looking out for my best interest and is always
willing to help whenever I need him. I owe a lot to Coach Doyle.”
- Brandon Scherff, Washington Football Team Captain, All Pro
Doyle Appx. 474

DERRECK ROBINSON
CLEVELAND BROWNS
“Coach Doyle is a master at physical and mental preparation. He has proven to be an

elite teacher in injury prevention and mental preparation for the highest level of
football. The atmosphere that he creates and maintains is a model environment that
teaches you how to overcome all aspects of adversity, mentally and physically. He
builds confidence and mental and physical strength in student athletes. He expects
professionalism from every student athlete that he works with. He is at the top of his
game, and he expects you to do the same. He has earned the utmost respect from those
student athletes who are serious about being the best they can be. He created an
environment that if you had issues or challenges, you could talk to him about it right
away and deal with the matter at hand. He was always open for that type of
conversation. I too, have the utmost respect for Coach Doyle. Simply put, he made us
men.”
-Derreck Robinson, Cleveland Browns.
Doyle Appx. 475

JOEL WELSH
DIRECTOR OF STRENGTH & CONDITIONING, CENTRAL MICHIGAN UNIVERSITY
(IOWA 2012-2017)
"We get into our profession to help make an impact on those we serve, to build lifelong
relationships, and hopefully leave a legacy on those we encounter. Coach Doyle has
done that for me as well as countless others. I not only regard Coach Doyle as a mentor
but as a friend and father figure. Coach Doyle gets the best out of everyone he coaches
and works with because he sees the best in them. He sees someone's potential before
they see it in themselves; that is the marking of a Great Coach. Coach Doyle's impact
goes beyond the X's and O's, he is not only in the forefront in training and performance,
but he also creates an environment for someone to maximize their true ability and
potential."
- Joel Welsh, Director of Strength & Conditioning, Central Michigan University. (Iowa 2012-2017)
Doyle Appx. 476

TRISTAN WIRFS
TAMPA BAY BUCCANNEERS
“As much as Coach Doyle wants you to be the best version of yourself physically, he
wants to get you to the point where you will be a great man, you will be a great husband
and father.”
- Tristan Wirfs, Tampa Bay Buccaneers.
Doyle Appx. 477

MARSHALL YANDA
BALTIMORE RAVENS CAPTAIN
8X PRO BOWL, SUPER BOWL CHAMPION
“Coach Doyle has forever changed the way I live and approach my life. Teaching me the
ways of accountability, responsibility, and mental toughness to the highest degree. I
continue to practice the habits that were instilled by him daily and will continue to do
so. He is a great coach and a great communicator. I always had a good work ethic but
after him showing me the way, I unlocked potential that I never knew I had. I came from
junior college, had no division 1 offers out of high school, and ended up playing 13
years in the NFL. Besides my parents he is the most influential person in my life.”
– Marshal Yanda, Baltimore Ravens Captain, 8x Pro Bowl, Super Bowl Champion.
Doyle Appx. 478


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PART II. COMMUNITY POLICIES
DIVISION I HUMAN RIGHTS, AFFIRMATIVE ACTION, AND EQUAL EMPLOYMENT

OPPORTUNITY
(Written to conform to Regents Procedural Guide 3/74; amended 9/93; 10/95; 9/97)
CHAPTER 3: HUMAN RIGHTS
The University of Iowa brings together in common pursuit of its educational goals persons of many nations, races, and
creeds. The University is guided by the precepts that in no aspect of its programs shall there be differences in the
treatment of persons because of race, creed, color, national origin, age, sex, disability, sexual orientation, gender
identity, or any other classification that deprives the person of consideration as an individual, and that equal
opportunity and access to facilities shall be available to all. Among the classifications that deprive the person of
consideration as an individual are those based on associational preference. These principles are expected to be
observed in the internal policies and practices of the University; specifically in the admission, housing, and education
of students; in policies governing programs of extracurricular life and activities; and in the employment of faculty and
staff personnel. The University shall work cooperatively with the community in furthering these principles.
Go forward one step to II-4 Sexual Harassment
Or return to the Operations Manual Table of Contents, Index, or Search
Page last updated August 2009 by Office of the Senior Vice President for Finance and Operations
Doyle Appx. 479 STATE 726

70

OPPORTUNITY
CHAPTER 3: HUMAN RIGHTS

(Amended 9/14)
For related policies, see II-14 Anti-Harassment, II-4 Sexual Harassment, and II-11 Anti-Retaliation.
3.1 Policy and Rationale

3.2 Definition of Terms Used in This Policy
3.3 Bringing a Complaint
3.4 Process for Sanctions
3.5 Applicable Procedures
3.6 Appeal Procedures
3.7 Protection Against Retaliation
3.8 Protecting the Respondent
3.9 Confidentiality

3.1 POLICY AND RATIONALE.

The University of Iowa brings together in common pursuit of its educational goals persons of many nations,
races, and creeds. The University is guided by the precepts that in no aspect of its programs shall there be
differences in the treatment of persons because of race, creed, color, religion, national origin, age, sex,
pregnancy, disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual
orientation, gender identity, associational preferences, or any other classification that deprives the person of
consideration as an individual, and that equal opportunity and access to facilities shall be available to all. These
principles are expected to be observed in the internal policies and practices of the University; specifically in the
admission, housing, and education of students; in policies governing programs of extracurricular life and
activities; and in the employment of faculty and staff personnel. Consistent with state and federal law,
reasonable accommodations will be provided to persons with disabilities and to accommodate religious
practices. The University shall work cooperatively with the community in furthering these principles.
3.2 DEFINITIONS OF TERMS USED IN THIS POLICY.
a. Alleged victim: a person against whom discrimination has allegedly occurred.
b. Complainant: the person who brings a complaint of violation of this policy, who could be an alleged
victim or a third party.
c. Graduate assistant: a graduate student employed by the University as a research assistant or teaching
assistant.
d. Instructor: a person engaged in teaching students or in evaluation or supervision, direct or indirect, of a

student's academic work.
e. Member of the University community: any University student, or faculty or staff member.
f. Protected interests: University employment, education, on-campus living, or participation in a
1 July 2015 • www.uiowa.edu/~our/opmanual
University activity.
g. Respondent: a person or unit that has been accused of discriminating against one or more individuals.
h. Specific and credible allegations: allegations that provide factual details such as, but not limited to,
time, place, actions, participants, and witnesses. Allegations do not necessarily have to be based on
firsthand observation of events to be "specific and credible," but direct observation normally results in
greater specificity and credibility than indirect knowledge.
i. Supervisor: a person who has authority either: 1) to undertake or recommend tangible employment
decisions (those that significantly change an employee's employment status, such as, but not limited to,
hiring, firing, promoting, demoting, reviewing performance, reassigning, and compensation decisions)
affecting an employee, or 2) to direct the employee's daily work activities.
j. Third-party complainant: a person who brings a complaint alleging an act of discrimination against
someone else.
3.3 BRINGING A COMPLAINT.
a. Persons who believe they have been subjected to discrimination in violation of the policy are
encouraged to report it, even if they are not certain whether a violation of this policy has occurred. A
complaint that this policy has been violated may be brought to the Office of Equal Opportunity and
Diversity (EOD) through informal or formal channels by any member of the University community,
including a third party, or by the University itself. A complaint must state specific and credible allegations
of discrimination to warrant an investigation. There is no time limit for bringing a complaint; however, it
may be difficult to substantiate the allegations if they are made after significant time has passed.
Therefore, prompt reporting of complaints is strongly encouraged.

Anyone (victims or others) who wishes to consult with someone about a specific situation without making
a complaint, or who wishes simply to learn more about enforcement of this Human Rights Policy may
contact any of the following offices or organizations:

(1) Office of the Ombudsperson (for faculty, staff, students, and persons not affiliated with the
University);

(2) Faculty and Staff Services/Employee Assistance Program (for faculty or staff);

(3) University Counseling Service (for students);

(4) Women's Resource and Action Center (for faculty, staff, or students).
b. Informal complaints. An informal complaint is a request that the Office of Equal Opportunity and
Diversity seek to reach an informal resolution of the complainant's concerns. The procedures for such
complaints are designed to be flexible so as to enable the Office of Equal Opportunity and Diversity to
address an individual's situation in the most effective and expeditious manner possible. Resolutions of
informal complaints are accomplished with the assistance of other offices or administrators on campus in
the area relevant to the complaint.

In the case of an informal complaint, the accused party normally will not be informed of the complainant's
action or identity without the consent of the complainant unless circumstances require. When allegations
are addressed through an informal resolution process, no disciplinary action may be taken against the
respondent, and there will be no record of the allegations in the respondent's personnel file or student
disciplinary file, unless the person is notified of the allegations and given an opportunity to respond.
c. Formal complaints. A formal complaint of discrimination involves an impartial investigation of the

complainant's allegations by the Office of Equal Opportunity and Diversity. The investigation begins
Doyle
when the Office provides written notice Appx.
to the 481 of the filing of the complaint,
respondent STATEthe 728
identity of the
complainant, and the general allegations of the complaint. The respondent is then interviewed regarding
www.uiowa.edu/~our/opmanual • 1 July 2015
the specifics of the allegations and given an opportunity to respond fully to the allegations. The Office of
Equal Opportunity and Diversity may also interview other persons believed to have factual knowledge
relevant to the allegations. The purpose of the investigation is to establish whether the Office of Equal
Opportunity and Diversity finds a reasonable basis to conclude, by the preponderance of the evidence, that
respondent violated the Policy on Human Rights.

The Office of Equal Opportunity and Diversity will issue written findings outlining the basis for its
conclusions. The written finding normally will be issued within 60 days of when the complaint was filed.
When it is not reasonably possible to issue the finding within that time, the Office of Equal Opportunity
and Diversity will notify the alleged victim and the respondent that the finding will be delayed and
indicate the reasons for the delay. This report is provided to the administrative officials responsible for the
area in which the respondent is involved, the alleged victim, the respondent, and the chief administrative
officer in the unit (e.g., the Provost in a complaint filed against a faculty member; the vice president or
dean for the unit in the case of a staff member; or the Vice President for Student Life in the case of a
student) or his or her designee. Third-party complainants will be notified only that the proceedings are
concluded.
3.4 PROCESS FOR SANCTIONS.
a. In the case of formal complaints, the following administrators will review the findings of the Office of
Equal Opportunity and Diversity investigation:

(1) the Office of the Provost, if the respondent is a faculty member or other instructional personnel
(except graduate assistants);

(2) the office of the vice president or dean responsible for the unit employing the person charged, if
the respondent is a staff member (including a graduate assistant, in which case the Dean of the
Graduate College also must be notified in order to determine whether ramifications apply for the
student's academic progress);

(3) the Dean of Students, if the respondent is a student (including a graduate student, in which case
the Dean of the Graduate College also must be notified in order to determine whether ramifications
apply for the student's academic progress).

(4) the appropriate administrator above, if the respondent is a unit.
b. The administrator who receives the report shall:

(1) discuss it with EOD in order to determine, based on EOD's findings and input, appropriate
corrective measures and/or sanctions. If the respondent is a staff member, the administrator will
also consult with the Senior Human Resources Leadership Representative in the unit. If the
respondent is a faculty member, graduate assistant, or unit, the administrator will also consult with
the appropriate dean and departmental executive officer. When a respondent staff member, faculty
member, or graduate assistant is also a student, the administrator and the Dean of Students will also
consult with one another in determining what corrective measures or sanctions should be pursued.

(2) implement appropriate corrective measures and/or sanctions consistent with University
procedures. The administrator must inform EOD in writing of the actions that are taken in response
to EOD's findings.
(3) insure that the alleged victim is informed when action is taken.
c. Violations of the Human Rights Policy may lead to sanctions up to and including termination or
separation from the University. If the respondent is a unit, sanctions may include changes to unit policies
or processes, or other appropriate actions. Sanctions for violations of this policy should be commensurate
with the nature of the violation and the respondent's disciplinary history. It is the responsibility of the
Doyle
appropriate administrator to follow-up withAppx. 482
the parties at a reasonable interval(s)STATE
to assess729
their
compliance with the sanctions imposed. More serious sanctions up to and including termination of
employment or separation from the University may be imposed in the event that the individual fails to
comply with the sanctions initially imposed.
3.5 APPLICABLE PROCEDURES.
Formal sanctions imposed in response to alleged violations of this policy will be governed for:
a. faculty members by III-29 Faculty Dispute Procedures and that portion of those procedures dealing
with faculty ethics (III-29.7).
b. staff members by applicable University policies, including III-16 Ethics and Responsibility Statement
for Staff and the applicable discipline and/or grievance procedures (III-28 Conflict Management
Resources for University Staff and/or relevant collective bargaining agreement);
c. graduate assistants, when dismissal is sought, by the procedure for dismissal of graduate assistants (III-
12.4). When sanctions other than dismissal are imposed by the dean of the employing college, a graduate
assistant may appeal through any existing contractual grievance procedures;
d. students by the Student Judicial Procedure.
3.6 APPEAL PROCEDURES.

If the Office of Equal Opportunity and Diversity concludes that the complaint is unfounded, the complainant
may appeal the finding on the grounds that the decision was arbitrary and capricious or that the investigating
office did not follow procedures resulting in prejudice to the complainant. Appeals must be made electronically
or in writing and submitted together with all supporting documentation to the Office of Equal Opportunity and
Diversity within 10 University business days of the receipt of the finding. Generally within two University
business days, the Office of Equal Opportunity and Diversity will transmit the notice of appeal and the case
record to the appropriate appeal officer, as described on the EOD website. The appeal officer, or the appeal
officer's designee, will issue a written decision on the appeal to the complainant and the Office of Equal
Opportunity and Diversity within 20 University business days of the receipt of the appeal, although this time
frame may be extended due to the complexity of the case or the severity of the allegations.
In cases where the appeal is denied, such action constitutes final University action on the matter, subject to
appeal to the Board of Regents. In cases where the appeal is successful, in whole or in part, the appeal
officer/designee will advise the Office of Equal Opportunity and Diversity regarding appropriate measures to
address the issues of concern raised in the appeal.
For complaints that conclude in a finding that there is a reasonable basis to believe that a policy violation has
occurred and sanctions have been imposed, respondents may appeal such findings through the grievance
procedures applicable to them. The respondent may challenge any sanctions imposed as a result of a finding
through available grievance procedures.
3.7 PROTECTION AGAINST RETALIATION.
a. Retaliation against alleged victims, complainants, and/or witnesses who provide information during an
investigation pursuant to this policy is prohibited by II-11 Anti-Retaliation. Reasonable action will be
taken to assure that alleged victims, complainants, and/or witnesses suffer no retaliation as a result of their
activities with regard to the process.
b. Any retaliation against alleged victims, complainants or witnesses should be reported pursuant to II-11
Anti-Retaliation. Retaliation may result in sanctions against the person committing the retaliatory act(s).
3.8 PROTECTION OF THE RESPONDENT.
a. This policy shall not be used to bring knowingly false or malicious allegations. Making such allegations
may subject the complaining party to sanctions up to and including termination or separation from the
University. Any such action will be initiated by the appropriate administrator overseeing the
complainant(s). Doyle Appx. 483 STATE 730
b. In the event the allegations are not substantiated, reasonable steps will be taken to restore the reputation
of the respondent if it was damaged by the proceeding. The respondent may consult with the investigating
office regarding reasonable steps to address such concerns.
3.9 CONFIDENTIALITY.
a. In order to empower community members to voice concerns and bring complaints, the confidentiality
of all parties will be protected to the greatest extent possible. However, confidentiality cannot be
guaranteed.
b. Alleged victims, third-party complainants, and respondents are expected to maintain confidentiality as
well. They are not prohibited from discussing the situation outside of the work or educational
environment. However, the matter should not be discussed with individuals who are members of their
University work or educational environment.
c. Dissemination of documents relating to complaints of Human Rights Policy violations and/or to the
investigation of such complaints, other than as necessary to pursue an appeal, grievance, or other legal or
administrative proceeding, is prohibited.
d. Failure to maintain confidentiality by a respondent may be considered to be a form of retaliation in

violation of II-3.7 of this policy. Failure to maintain confidentiality by any party (alleged victim, third-
party complainant, or respondent) may result in sanctions.
Go forward one step to II-4 Sexual Harassment


Page last updated June 2015 by Office of the Senior Vice President for Finance and Operations

II. Community Policies

Chapter 3 – Human Rights
(Amended 9/14; 7/1/17)
For related policies, see II-14 Anti-Harassment, II-4 Sexual Harassment, and II-11 Anti-Retaliation.
3.1 Policy and Rationale

The University of Iowa brings together in common pursuit of its educational goals persons of many nations, races, and creeds. The University is guided by the precepts that in no aspect
of its programs shall there be differences in the treatment of persons because of race, creed, color, religion, national origin, age, sex, pregnancy, disability, genetic information, status as a
U.S. veteran, service in the U.S. military, sexual orientation, gender identity, associational preferences, or any other classification that deprives the person of consideration as an
individual, and that equal opportunity and access to facilities shall be available to all. These principles are expected to be observed in the internal policies and practices of the University;
specifically in the admission, housing, and education of students; in policies governing programs of extracurricular life and activities; and in the employment of faculty and staff personnel.
Consistent with state and federal law, reasonable accommodations will be provided to persons with disabilities and to accommodate religious practices. The University shall work
cooperatively with the community in furthering these principles.
3.2 Definition of Terms Used in This Policy

a. Alleged victim: a person against whom discrimination has allegedly occurred.
b. Complainant: the person who brings a complaint of violation of this policy, who could be an alleged victim or a third party.
c. Graduate assistant: a graduate student employed by the University as a research assistant or teaching assistant.
d. Instructor: a person engaged in teaching students or in evaluation or supervision, direct or indirect, of a student's academic work.
e. Member of the University community: any University student, or faculty or staff member.
f. Protected interests: University employment, education, on-campus living, or participation in a University activity.
g. Respondent: a person or unit that has been accused of discriminating against one or more individuals.
h. Specific and credible allegations: allegations that provide factual details such as, but not limited to, time, place, actions, participants, and witnesses. Allegations do not
necessarily have to be based on firsthand observation of events to be "specific and credible," but direct observation normally results in greater specificity and credibility than
indirect knowledge.
i. Supervisor: a person who has authority either: 1) to undertake or recommend tangible employment decisions (those that significantly change an employee's employment status,
such as, but not limited to, hiring, firing, promoting, demoting, reviewing performance, reassigning, and compensation decisions) affecting an employee, or 2) to direct the
employee's daily work activities.
j. Third-party complainant: a person who brings a complaint alleging an act of discrimination against someone else.

a. Persons who believe they have been subjected to discrimination in violation of the policy are encouraged to report it, even if they are not certain whether a violation of this policy
has occurred. A complaint that this policy has been violated may be brought to the Office of Equal Opportunity and Diversity (EOD), 202 Jessup Hall, through informal or formal
channels by any member of the University community, including a third party, or by the University itself. A complaint must state specific and credible allegations of discrimination
to warrant an investigation. There is no time limit for bringing a complaint; however, it may be difficult to substantiate the allegations if they are made after significant time has
passed. Therefore, prompt reporting of complaints is strongly encouraged.
Anyone (victims or others) who wishes to consult with someone about a specific situation without making a complaint, or who wishes simply to learn more about enforcement of
this Human Rights Policy may contact any of the following offices or organizations:
(1) Office of the Ombudsperson (for faculty, staff, students, and persons not affiliated with the University), C108 Seashore Hall;
(2) Employee Assistance Program (for faculty or staff), 121-50 University Services Building;
(3) University Counseling Service (for students), 3223 Westlawn;
(4) Women's Resource and Action Center (for faculty, staff, or students), Bowman House.
b. Informal complaints. An informal complaint is a request that the Office of Equal Opportunity and Diversity seek to reach an informal resolution of the complainant's concerns.
The procedures for such complaints are designed to be flexible so as to enable the Office of Equal Opportunity and Diversity to address an individual's situation in the most
effective and expeditious manner possible. Resolutions of informal complaints are accomplished with the assistance of other offices or administrators on campus in the area
relevant to the complaint.
In the case of an informal complaint, the accused party normally will not be informed of the complainant's action or identity without the consent of the complainant unless
circumstances require. When allegations are addressed through an informal resolution process, no disciplinary action may be taken against the respondent, and there will be no
record of the allegations in the respondent's personnel file or student disciplinary file, unless the person is notified of the allegations and given an opportunity to respond.
c. Formal complaints. A formal complaint of discrimination involves an impartial investigation of the complainant's allegations by the Office of Equal Opportunity and Diversity. The
investigation begins when the Office provides written notice to the respondent of the filing of the complaint, the identity of the complainant, and the general allegations of the
complaint. The respondent is then interviewed regarding the specifics of the allegations and given an opportunity to respond fully to the allegations. The Office of Equal
Opportunity and Diversity may also interview other persons believed to have factual knowledge relevant to the allegations. The purpose of the investigation is to establish
whether the Office of Equal Opportunity and Diversity finds a reasonable basis to conclude, by the preponderance of the evidence, that the respondent violated the Policy on
Human Rights.
Doyle Appx.
34
485 STATE 732
opsmanual.uiowa.edu • 15 August 2017
The Office of Equal Opportunity and Diversity will issue written findings outlining the basis for its conclusions. The written finding normally will be issued within 60 days of when
the complaint was filed. When it is not reasonably possible to issue the finding within that time, the Office of Equal Opportunity and Diversity will notify the alleged victim and the
respondent that the finding will be delayed and indicate the reasons for the delay. This report is provided to the administrative officials responsible for the area in which the
respondent is involved, the alleged victim, the respondent, and the chief administrative officer in the unit (e.g., the Provost in a complaint filed against a faculty member; the vice
president or dean for the unit in the case of a staff member; or the Vice President for Student Life in the case of a student) or his or her designee. Third-party complainants will
be notified only that the proceedings are concluded.
3.4 Process for Sanctions

a. In the case of formal complaints, the following administrators will review the findings of the Office of Equal Opportunity and Diversity investigation:
(1) the Office of the Provost, if the respondent is a faculty member or other instructional personnel (except graduate assistants);
(2) the office of the vice president or dean responsible for the unit employing the person charged, if the respondent is a staff member (including a graduate assistant, in
which case the Dean of the Graduate College also must be notified in order to determine whether ramifications apply for the student's academic progress);
(3) the Dean of Students, if the respondent is a student (including a graduate student, in which case the Dean of the Graduate College also must be notified in order to
determine whether ramifications apply for the student's academic progress).
(4) the appropriate administrator above, if the respondent is a unit.
b. The administrator who receives the report shall:
(1) discuss it with EOD in order to determine, based on EOD's findings and input, appropriate corrective measures and/or sanctions. If the respondent is a staff
member, the administrator will also consult with the Senior Human Resources Leadership Representative in the unit. If the respondent is a faculty member, graduate
assistant, or unit, the administrator will also consult with the appropriate dean and departmental executive officer. When a respondent staff member, faculty member, or
graduate assistant is also a student, the administrator and the Dean of Students will also consult with one another in determining what corrective measures or
sanctions should be pursued.
(2) implement appropriate corrective measures and/or sanctions consistent with University procedures. The administrator must inform EOD in writing of the actions that
are taken in response to EOD's findings.
(3) insure that the alleged victim is informed when action is taken.
c. Violations of the Human Rights Policy may lead to sanctions up to and including termination or separation from the University. If the respondent is a unit, sanctions may include
changes to unit policies or processes, or other appropriate actions. Sanctions for violations of this policy should be commensurate with the nature of the violation and the
respondent's disciplinary history. It is the responsibility of the appropriate administrator to follow-up with the parties at a reasonable interval(s) to assess their compliance with
the sanctions imposed. More serious sanctions up to and including termination of employment or separation from the University may be imposed in the event that the individual
fails to comply with the sanctions initially imposed.

(Amended 7/1/17)
Formal sanctions imposed in response to alleged violations of this policy will be governed for:
a. faculty members by III-29 Faculty Dispute Procedures and that portion of those procedures dealing with faculty ethics (III-29.7).
b. staff members by applicable Regent Merit System Rules and University policies, including III-16 Ethics and Responsibility Statement for Staff, and the applicable grievance
procedures, including III-28 Conflict Management Resources for University Staff;
c. graduate assistants, when dismissal is sought, by the procedure for dismissal of graduate assistants (III-12.4). When sanctions other than dismissal are imposed by the dean of
the employing college, a graduate assistant may appeal through those procedures established for graduate assistant employees;
d. students by the Student Judicial Procedure.
3.6 Appeal Procedures

If the Office of Equal Opportunity and Diversity concludes that the complaint is unfounded, the complainant may appeal the finding on the grounds that the decision was arbitrary and
capricious or that the investigating office did not follow procedures resulting in prejudice to the complainant. Appeals must be made electronically or in writing and submitted together with
all supporting documentation to the Office of Equal Opportunity and Diversity within 10 University business days of the receipt of the finding. Generally within two University business
days, the Office of Equal Opportunity and Diversity will transmit the notice of appeal and the case record to the appropriate appeal officer, as described on the EOD website. The appeal
officer, or the appeal officer's designee, will issue a written decision on the appeal to the complainant and the Office of Equal Opportunity and Diversity within 20 University business days
of the receipt of the appeal, although this time frame may be extended due to the complexity of the case or the severity of the allegations.
In cases where the appeal is denied, such action constitutes final University action on the matter, subject to appeal to the Board of Regents. In cases where the appeal is successful, in
whole or in part, the appeal officer/designee will advise the Office of Equal Opportunity and Diversity regarding appropriate measures to address the issues of concern raised in the
appeal.
For complaints that conclude in a finding that there is a reasonable basis to believe that a policy violation has occurred and sanctions have been imposed, respondents may appeal such
findings through the grievance procedures applicable to them. The respondent may challenge any sanctions imposed as a result of a finding through available grievance procedures.
3.7 Protection Against Retaliation

a. Retaliation against alleged victims, complainants, and/or witnesses who provide information during an investigation pursuant to this policy is prohibited by II-11 Anti-Retaliation.
Reasonable action will be taken to assure that alleged victims, complainants, and/or witnesses suffer no retaliation as a result of their activities with regard to the process.
b. Any retaliation against alleged victims, complainants or witnesses should be reported pursuant to II-11 Anti-Retaliation. Retaliation may result in sanctions against the person
committing the retaliatory act(s).
15 August 2017 • opsmanual.uiowa.edu

Doyle Appx.
35
486 STATE 733
3.8 Protection of the Respondent

a. This policy shall not be used to bring knowingly false or malicious allegations. Making such allegations may subject the complaining party to sanctions up to and including
termination or separation from the University. Any such action will be initiated by the appropriate administrator overseeing the complainant(s).
b. In the event the allegations are not substantiated, reasonable steps will be taken to restore the reputation of the respondent if it was damaged by the proceeding. The
respondent may consult with the investigating office regarding reasonable steps to address such concerns.
3.9 Confidentiality
a. In order to empower community members to voice concerns and bring complaints, the confidentiality of all parties will be protected to the greatest extent possible. However,
confidentiality cannot be guaranteed.
b. Alleged victims, third-party complainants, and respondents are expected to maintain confidentiality as well. They are not prohibited from discussing the situation outside of the
work or educational environment. However, the matter should not be discussed with individuals who are members of their University work or educational environment.
c. Dissemination of documents relating to complaints of Human Rights Policy violations and/or to the investigation of such complaints, other than as necessary to pursue an
appeal, grievance, or other legal or administrative proceeding, is prohibited.
d. Failure to maintain confidentiality by a respondent may be considered to be a form of retaliation in violation of II-3.7 of this policy. Failure to maintain confidentiality by any party
(alleged victim, third-party complainant, or respondent) may result in sanctions.
Doyle Appx.
36
487 STATE 734

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OPPORTUNITY
CHAPTER 6: NONDISCRIMINATION STATEMENT

(Amended 9/98; 6/04; 12/06)
The University of Iowa prohibits discrimination in employment, educational programs, and activities on the basis of
race, national origin, color, creed, religion, sex, age, disability, veteran status, sexual orientation, gender identity, or
associational preference. The University also affirms its commitment to providing equal opportunities and equal
access to University facilities. For additional information on nondiscrimination policies, contact the Office of Equal
Opportunity and Diversity, (319) 335-0705 (voice) and (319) 335-0697 (text), 202 Jessup Hall, The University of
Iowa, Iowa City, Iowa 52242-1316.
Go forward one step to II-7 Disability Protection Policy and Accessibility Statement

87

OPPORTUNITY
CHAPTER 6: NONDISCRIMINATION STATEMENT

(Amended 9/98; 6/04; 12/06; 5/15)
The University of Iowa prohibits discrimination in employment, educational programs, and activities on the basis of
race, creed, color, religion, national origin, age, sex, pregnancy, disability, genetic information, status as a U.S.
veteran, service in the U.S. military, sexual orientation, gender identity, associational preferences, or any other
classification that deprives the person of consideration as an individual. The university also affirms its commitment to
providing equal opportunities and equal access to university facilities. For additional information on nondiscrimination
policies, contact the Director, Office of Equal Opportunity and Diversity, the University of Iowa, 202 Jessup Hall,
Iowa City, IA, 52242-1316, 319-335-0705 (voice), 319-335-0697 (TDD), diversity@uiowa.edu.
Go forward one step to II-7 Disability Protection Policy and Accessibility Statement


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OPPORTUNITY
CHAPTER 9: COMPLAINTS OF DISCRIMINATION

9.1 General
9.1 GENERAL.

Complaints alleging discrimination based on race, creed, color, national origin, age, gender, sexual harassment,
disability, sexual orientation, gender identity, or associational preference may be pursued in several places on
campus, including the Office of Equal Opportunity and Diversity. Complaints may also be pursued based on
protected veteran status.

The Office of Equal Opportunity and Diversity welcomes confidential inquiries from individuals wishing to
discuss an incident or obtain information about the Human Rights Policy (see II-3). No action will be taken
without the individual's consent. In the event the individual wishes to file a complaint, the Office will pursue
either an informal or a formal complaint process. Confidentiality and retaliation apply to complaints filed under
the Human Rights Policy, as well as the same procedural protections for both parties (see II-5.13).

Copies of the Human Rights Policy and the Office of Equal Opportunity and Diversity Procedures for
Discrimination Complaints are available upon request from the Office of Equal Opportunity and Diversity.
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92

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OPPORTUNITY
CHAPTER 14: ANTI-HARASSMENT

(6/05; 12/05)
14.1 Rationale
14.2 Policy
14.3 Scope of Policy
14.5 Informal Resolution of Complaints
14.6 Investigation of Formal Complaints
14.7 Process for Disciplinary Action
14.9 Isolated Behavior
14.10 Protection of Alleged Victims, Complainants, and Others
14.12 Confidentiality
14.1 RATIONALE.

The purpose of this policy is to prevent harassment within the University of Iowa community and to provide a
process for addressing harassment if and when it does occur. The University of Iowa is committed to
maintaining an environment that recognizes the inherent worth and dignity of every person, and that fosters
tolerance, sensitivity, understanding, and mutual respect. This commitment requires that the highest value be
placed on the use of reason and that harassment in the University community be renounced as repugnant and
inimical to its goals. Harassment destroys the mutual trust which binds members of the community in their
pursuit of truth.

The University also is committed strongly to academic freedom and free speech. An educational institution has
a duty to provide a forum in which free speech and differences of opinion are actively encouraged and
facilitated, and where opinions and deeply held beliefs are challenged and debated. Critical to this mission is
providing a nondiscriminatory environment that is conducive to learning. Respect for these rights requires that
members of the University community tolerate expressions of opinion that differ from their own or that they
may find abhorrent.

This policy addresses harassment based on any classification covered by law and/or II-3 Human Rights (with
the exception of sexual harassment, which is addressed in II-4 Sexual Harassment), as well as harassment based
on other factors as set forth herein. Doyle Appx. 491 STATE 738
[top]
115
14.2 POLICY.
Harassment of any member of the University community is prohibited.

a. Definition of harassment as it relates to conduct. "Harassment" means intentional conduct directed
toward an identifiable person or persons that is sufficiently severe, pervasive, or persistent that it
interferes with work, educational performance, on-campus living, or participation in a University activity
on- or off-campus.

b. Definition of harassment as it relates to the content of speech. When an allegation of harassment rests
upon the content of oral, written, or symbolic speech, it falls within this definition only if 1) the content
consists of those personally abusive epithets which are inherently likely to provoke a violent reaction, 2)
the content is a serious expression of an intent to commit an act of unlawful violence to a particular
individual or group of individuals, or 3) the content is a threat to a person or group of persons with the
intent of placing the victim in fear of bodily harm or death. Conduct that constitutes a protected exercise
of an individual's rights under the First Amendment to the United States Constitution (and related
principles of academic freedom) shall not be deemed a violation of this policy.

Note: Sexual harassment is addressed by the University's Policy on Sexual Harassment (II-4).

c. Evidence of harassment. Behavior that may be considered evidence of prohibited harassment, if it
meets the definition set forth in paragraph a above, includes, but is not limited to, the following:

(1) repeated contact with another in person, by telephone, in writing, or through electronic means,
after the recipient has made clear that such contact is unwelcome.

(2) physical, visual, or verbal behavior directed toward another person or an identifiable group of
persons that is intended to be or is reasonably likely to be interpreted as threatening or intimidating.
Behavior that constitutes speech is included within this section only to the extent to which it has a
direct tendency to incite an immediate violent reaction in a reasonable person or to place a
reasonable person in fear of imminent physical harm.

(3) harassment proscribed by the Iowa Criminal Code, Chapter 708, including, for example,
stalking (708.11), the placement of simulated explosives (708.7), ordering merchandise or services
with intent to annoy (708.7), or false reports to police (708.7).

d. Academic freedom. All proceedings under this section shall respect the principles of academic freedom
stated in the Statement on Tenure and Academic Vitality at The University of Iowa (III-10.1a(2)), which
commits the University to the principle that "free inquiry and expression are essential to the maintenance
of excellence."

e. Penalty enhancement. The University reserves the right to impose more severe sanctions on individuals
whose actions in violation of this policy are motivated by race, creed, color, national origin, age, sex,
disability, sexual orientation, gender identity, or veteran status of the victim.

f. Evidence considered. In determining whether alleged conduct constitutes prohibited harassment, all
available evidence and the totality of circumstances will be considered, including the context in which the
alleged incident(s) occurred. Although repeated incidents generally create a stronger claim of harassment,
a single serious incident can be sufficient. Determinations will be made on a case-by-case basis.

g. Other definitions. Definitions of other terms used in this policy:

(1) Academic or administrative officer includes the following:

(a) Collegiate deans (including associate deans and assistant deans),

(b) Faculty members with administrative responsibilities at the level of departmental
Doyle
executive officer (DEO) Appx. 492
or above, STATE 739
116

(c) Any staff member whose primary job responsibility is to provide advice regarding a
student's academic pursuits,

(d) A faculty member serving as departmental (or collegiate) director of undergraduate or
graduate studies,

(e) The President, Director of Equal Opportunity and Diversity, vice presidents (including
assistant and associate vice presidents), and Executive Vice President and Provost (including
assistant, associate, and vice provosts), and those persons' designees,

(f) Directors and supervisors in an employment context, other than Department of Public
Safety personnel when receiving criminal complaints or reports, and

(g) Human resource representatives.

(2) Alleged victim: a person who allegedly has been harassed in violation of this policy.

(3) Complainant: the person who brings a complaint of violation of this policy, who could be an
alleged victim, a third party, or an academic or administrative officer of the University.

(4) Graduate assistant: a graduate student employed by the University as a research assistant or
teaching assistant.

(5) Human resources representative: the individual designated as departmental authority on human
resource policies and procedures, and all central human resources staff.

(6) Member of the University community: any University student, or faculty or staff member.

(7) Protected interests: University employment, education, on-campus living, or participation in a

(8) Respondent: a person who has been accused of harassment in a formal complaint.

(9) Specific and credible allegations: allegations that provide factual details such as, but not limited
to, time, place, actions, participants, and witnesses. Allegations do not necessarily have to be based
on first-hand observation of events to be "specific and credible," but direct observation normally
results in greater specificity and credibility than indirect knowledge.

(10) Supervisor: a person who has authority either: 1) to undertake or recommend tangible
employment decisions (those that significantly change an employee's employment status, such as,
but not limited to, hiring, firing, promoting, demoting, reassigning, and compensation decisions)

(11) Third-party complainant: a person who brings a complaint alleging that someone else has been
harassed in violation of this policy.
[top]
14.3 SCOPE OF POLICY.

a. Employees and students. This policy applies to all University faculty, staff, and students with respect to
conduct that occurs:

(1) on any University property,

(2) at University-related activities occurring off-campus,

(3) while the individual is acting in an official capacity or while conducting University business, or

(4) on-campus or off-campus and has the purpose or reasonably foreseeable effect of unreasonably
Doyle
interfering with an individual's Appx.
protected 493
interests. STATE 740
117

b. Visitors to campus. The University will make reasonable efforts to prevent and address harassment of
its faculty, staff, or students by persons conducting business with or visiting the University, even though
such persons are not directly affiliated with the University.
[top]

a. A complaint that this policy has been violated may be brought through informal or formal channels by
any member of the University community, including a third party, or by the University itself. A complaint
must state specific and credible allegations to warrant an investigation. There is no time limit for bringing
a complaint; however, it may be difficult to substantiate the allegations made in a complaint brought after
significant time has passed. Therefore, prompt reporting of complaints is strongly encouraged.

b. Substantial weight will be given to the wishes of the alleged victim when determining whether to
investigate a complaint, but the University may investigate a complaint even without the alleged victim's
consent if circumstances warrant (such as when there are multiple complaints against the same person or
allegations are particularly egregious).

c. Persons who wish to consult with someone about a specific situation on a confidential basis or learn
more about enforcement of this Anti-Harassment Policy may contact any of the following offices or
organizations:

(1) Office of the Ombudsperson (for faculty, staff, or students)

(2) Faculty and Staff Services (for faculty or staff)

(3) University Counseling Service (for students)

(4) Women's Resource and Action Center (for faculty, staff, or students)

Representatives of these offices or other support persons may accompany an alleged victim during the
investigation process if the alleged victim so desires.

These offices are exempt from the reporting requirements set forth in II-14.5e. Other offices may be
required to report allegations as described in II-14.5e.
[top]
14.5 INFORMAL RESOLUTION OF COMPLAINTS.

a. A complaint may be brought informally to any academic or administrative officer of the University (as
defined in II-14.2g(1)). If the complaint alleges harassment based on a protected classification as defined
by II-3 Human Rights (race, creed, color, national origin, age, sex, disability, sexual orientation, or gender
identity), the complaint may be brought to the Office of Equal Opportunity and Diversity, 202 Jessup
Hall.

b. The academic or administrative officer will:

(1) counsel the complainant as to the options available under this policy and, at the complainant's
request, will help the complainant resolve the complaint informally and/or refer the complainant to
the appropriate office as described in II-14.6a so that the complainant may bring a formal
complaint; and

(2) take appropriate interim action, which may include those actions described in II-14.10, to
address the alleged behavior and protect the health or safety of the alleged victim, complainant,
and/or witnesses.

c. The following assistance is available to the academic or administrative officer:

(1) The Office of Equal Opportunity and Diversity will assist in determining whether there is a
Doyle
potential policy violation related to aAppx.
protected494 STATE
classification, and whether reporting741
pursuant to
paragraph e below is required.
118

(2) For situations involving faculty and/or staff, the Behavior Risk Management team is available to
assist with assessing situations, planning the actions needed, and carrying out those actions. This
team may be accessed by contacting Faculty and Staff Services, 121-50 University Services
Building.

(3) For situations involving students, contact the Office of the Vice President for Student Services,
249 Iowa Memorial Union.

d. When a complaint is brought informally, the person(s) charged in the complaint will not ordinarily be
informed of the complaint without the consent of the alleged victim unless circumstances require (such as
when there are multiple complaints against the same person or allegations are particularly egregious). No
disciplinary action can be taken against a person charged in an informal complaint, and there will be no
record of the complaint in the person's employment or student disciplinary file, unless the person is
notified of the charges and given an opportunity to respond.

e. Any academic or administrative officer of the University who becomes aware of specific and credible
allegations of harassment based on a protected classification (race, creed, color, national origin, age, sex,
disability, sexual orientation, or gender identity), whether through the report of a complainant (including a
third party) or otherwise, shall report the allegations promptly to the Office of Equal Opportunity and
Diversity (except for allegations against a student regarding conduct occurring in the residence halls,
which shall be reported to the Office of the Vice President for Student Services) for assistance in
evaluating the situation and determining an appropriate course of action, even if the alleged victim has
requested that no action be taken. If there is a supervisory relationship between the complainant and/or
victim and the respondent, the appropriate course of action will include development of a plan to avoid
any perceived or actual conflict of interest until the complaint is resolved. The initial report should be
made by telephone, but a written report also must be made after the complaint is resolved using the Office
of Equal Opportunity and Diversity Informal Harassment Complaint Resolution form, which requires
disclosure of the employment or student status of the alleged victim(s), the complainant(s) (if other than
the alleged victim), and the person(s) charged; the department(s) with which those persons are affiliated; a
summary of the allegations; and a description of the steps taken to resolve the complaint. If the person
charged is informed of the existence of the informal complaint, the names of the parties must be provided
to the Office of Equal Opportunity and Diversity. If the person charged is not informed of the complaint,
then the names of the parties shall not be provided to the Office of Equal Opportunity and Diversity.

f. Reasonable efforts will be made to process complaints in a timely manner, giving consideration to the
nature of the allegations and the circumstances surrounding the complaint process.

g. It is the responsibility of the academic or administrative officer who facilitates the informal resolution
of the complaint to monitor compliance with the terms of the informal resolution. Sanctions up to and
including termination of employment or separation from the University may be imposed in the event that
an individual fails to comply with the terms of the informal resolution.
[top]
14.6 INVESTIGATION OF FORMAL COMPLAINTS.

a. A formal complaint pursuant to this policy must be brought to one of the following offices for
investigation depending upon the status of the respondent and the nature of the allegations:

(1) Protected class harassment. If the complaint alleges harassment based on a classification
covered by II-3 Human Rights (race, creed, color, national origin, age, sex, disability, sexual
orientation, gender identity, or any other classification that deprives the person of consideration as
an individual), a formal complaint should be brought to the Office of Equal Opportunity and
Diversity regardless of the status of the respondent.

(2) Other harassment. If the complaint alleges harassment that is not based on a classification
Doyle(race,
covered by the II-3 Human Rights Appx. 495
creed, STATE
color, national origin, age, 742 sexual
sex, disability,
orientation, gender identity, or any other classification that deprives the person of consideration as
119
an individual), a person should bring a formal complaint to one of the following offices depending
on the status of the respondent:

(a) Faculty or instructor. If the respondent is a faculty member, teaching assistant, or other
instructor, a formal complaint should be brought to the respondent's collegiate dean or to the
Office of the Executive Vice President and Provost;

(b) Staff member. If the respondent is a staff member (professional and scientific, organized
merit staff, or non-organized merit staff), a formal complaint should be brought to the senior
human resources representative for the unit employing the respondent;

(c) Student. If the respondent is a student, a formal complaint should be brought to the Office
of the Vice President for Student Services and Dean of Students. However, if the incident
occurred in the residence halls, a formal complaint also may be brought to the Director of
University Housing.

b. A formal complaint may be brought after an informal resolution was not successfully reached, or
may be brought immediately without pursuing informal resolution.

c. The purpose of the investigation is to establish whether there is a reasonable basis for believing
that a violation of this policy has occurred. In conducting the investigation, the investigating office
will make reasonable efforts to interview the alleged victim, the complainant (if other than the
alleged victim), and the respondent, and may interview other persons believed to have pertinent
factual knowledge, as well as review any relevant documentary evidence. At all times, the
investigating office will take steps to ensure confidentiality to the extent possible.

d. When a formal complaint is brought, the respondent will be informed of the allegations, the
identity of the complainant, and the facts surrounding the allegations. The investigation will afford
the respondent an opportunity to respond to the allegations and evidence provided by the
complainant and/or alleged victim, and to provide a statement of the facts as perceived by the
respondent.

e. At the conclusion of the investigation, the investigating office will issue a written finding which
will summarize the evidence gathered and state whether or not there is a reasonable basis for
believing that a violation of this policy has occurred. The written finding will normally be issued
within 45 days of when the complaint was filed. When it is not reasonably possible to issue the
finding within that time, the investigating office will notify the alleged victim and the respondent
that the finding will be delayed and indicate the reasons for the delay. The alleged victim and the
respondent will receive a copy of the written finding, which is to remain confidential as defined by
II-14.12c. Third-party complainants will be notified only that the proceedings are concluded.

f. If the investigating office finds a reasonable basis for believing that a violation of this policy has
occurred, the matter will be referred to the appropriate administrator for further consideration as
outlined in II-14.7 below.
[top]
14.7 PROCESS FOR FORMAL DISCIPLINARY ACTION.

a. The following administrators will review the finding of the investigating office:

(1) the Office of the Executive Vice President and Provost, if the respondent is a faculty
member or other instructional personnel (except graduate assistants);

(2) the office of the vice president or dean responsible for the unit employing the person
charged, if the respondent is a staff member;

(3) the Office of the Vice President for Student Services and Dean of Students, if the
respondent is a student;
Doyle

(4) the Office of the Dean Appx.
of the 496
Graduate STATE
College, if the respondent 743 assistant.
is a graduate
120

b. The administrator may:

(1) accept all or any part of the findings of the investigating office;

(2) not accept all or any part of the findings of the investigating office;

(3) reach a negotiated settlement of the complaint with the respondent; or

(4) initiate formal disciplinary action.

c. Violations of this Anti-Harassment Policy may lead to disciplinary sanctions up to and including
termination or separation from the University. Sanctions for violations of this policy should be
commensurate with the nature of the violation and the respondent's disciplinary history. Those who
violate this policy should bear the consequences of their actions, even if factors such as substance
abuse or personal problems contribute to misconduct. When the offense is serious, it is appropriate
to consider separation from the University even in cases of first offense, and even when the
respondent experiences remorse and/or did not intend to cause the resulting degree of harm.

d. In addition to other disciplinary action, persons who are found to have violated this policy may
be required to participate in group counseling or personal therapy sessions, complete community
service, enroll in a specific academic course, attend an educational workshop, and/or make
restitution for economic damages caused by their behavior. When the respondent is a faculty or
staff member, the Office of Faculty and Staff Services, 121-50 University Service Building, is
available to assist with locating appropriate resources. When the respondent is a student, University
Counseling Service, 3223 Westlawn, is available to assist with locating appropriate resources.

e. It is the responsibility of the appropriate administrator to monitor compliance with the
disciplinary and/or remedial sanctions imposed. More serious sanctions, up to and including
termination of employment or separation from the University, may be imposed in the event that the
individual fails to comply with the sanctions initially imposed.
[top]
Formal disciplinary action resulting from violations of this policy by:

a. faculty members will be governed by the Faculty Dispute Procedures (III-29) and that portion of
those procedures dealing with faculty ethics (III-29.7).

b. staff members will be governed by applicable University policies, including the Ethics and
Responsibility Statement for Staff (III-16), and the applicable discipline and/or grievance
procedures (III-28 and/or relevant collective bargaining agreement);

c. graduate assistants, when dismissal is sought, will be governed by the procedure for dismissal of
graduate assistants (III-12.4). When disciplinary action other than dismissal is taken by the Dean of
the Graduate College, a graduate assistant may appeal through any existing contractual grievance
procedures;

d. students will be governed by Judicial Procedure for Alleged Violations of the Code of Student
Life. Both the Code of Student Life and the Judicial Procedure are published and distributed to
students annually in Policies and Regulations Affecting Students.
[top]
14.9 ISOLATED BEHAVIOR.
This section addresses isolated behavior that does not rise to the level of a violation of this policy.
However, it should be understood that a single incident can under certain circumstances constitute
harassment in violation of this policy. The purpose of this section is preventative, in that it authorizes and
encourages appropriate intervention designed to avoid a violation of this policy. However, this section
shall not apply to constitutionally protected speech as provided in II-14.2c above.
Doyle

a. Isolated behavior of the kind Appx.
described 497 which does not rise to
in II-14.2, STATE
the level744
of harassment
but which if repeated could rise to that level, demonstrates insensitivity that may warrant remedial
121
measures. Academic or administrative officers who become aware of such behavior in their areas
should counsel those who have engaged in the behavior. Such counsel should include a clear
statement that the behavior is not acceptable and should cease, information about the potential
consequences if such behavior persists, and a recommendation, as appropriate, to undertake an
educational program designed to help the person(s) understand the harm caused by the behavior.

b. After such counseling occurs, if a person continues to engage in the conduct described in II-
14.9a, he or she may be deemed to have engaged in harassment.
[top]
14.10 PROTECTION OF ALLEGED VICTIMS, COMPLAINANTS, AND OTHERS.

a. Alleged victims will be informed of relevant procedural steps taken during the investigation and
any interim protective measures taken.

b. Throughout the investigation and resolution of a complaint, steps will be taken to protect alleged
victims, complainants, witnesses, and others from harm caused by continuation of the alleged
harassing behavior.

c. Retaliation against alleged victims, complainants, and/or witnesses who provide information
during an investigation pursuant to this policy is prohibited by II-11 Anti-Retaliation. Reasonable
action will be taken to assure that alleged victims, complainants, and/or witnesses suffer no
retaliation as a result of their activities with regard to the process.

d. Steps that may be taken to protect alleged victims, complainants, witnesses, and others from
continued harassment and/or retaliation might include:

(1) lateral transfers of one or more of the parties in an employment setting and a comparable
move if a classroom setting is involved, and

(2) arrangement that academic and/or employment evaluations concerning complainants or
others be made by an appropriate individual other than the respondent.

e. Any retaliation against alleged victims, complainants or witnesses should be reported pursuant to
the Anti-Retaliation Policy (II-11). Retaliation may result in disciplinary action against the person
committing the retaliatory act(s).

f. In extraordinary circumstances, the Executive Vice President and Provost, a dean, a DEO, or any
vice president may, at any time during or after an investigation of a harassment complaint, suspend
or partially restrict from employment any employee accused of harassment if the Executive Vice
President and Provost, dean, DEO, or vice president finds that it is reasonably certain that:

(1) the alleged harassment has occurred, and

(2) serious and immediate harm will ensue if the person continues his or her employment.

Similarly, if the respondent is a student, interim sanctions may be imposed pursuant to Section 10
of the Judicial Procedure for Alleged Violation of the Code of Student Life.
[top]

a. This policy shall not be used to bring knowingly false or malicious charges. Bringing such a
charge constitutes a violation of this policy, and may subject the complaining party to remedial
and/or disciplinary action up to and including termination or separation from the University. Any
such disciplinary action will be initiated by the appropriate administrator overseeing the
complainant(s).
Doyle

b. In the event the allegations are notAppx. 498 reasonable steps will STATE
substantiated, be taken to745
restore the
reputation of the respondent if it was damaged by the proceeding. The respondent may consult with
122
the investigating office regarding reasonable steps to address such concerns.
[top]

a. In order to empower community members to voice concerns and bring complaints, the
confidentiality of all parties will be protected to the greatest extent possible. However, legal
obligations may require the University to take some action once it is made aware that harassment
may be occurring, even when the alleged victim is reluctant to proceed. Appropriate University
officials will be consulted, including the Office of Equal Opportunity and Diversity when the
complaint alleges harassment based on a protected classification (see II-14.5e), and information will
be shared only with those individuals who need to know it to implement this policy.

b. The parties to a complaint (alleged victims, third-party complainants, and respondents) are
expected to maintain confidentiality as well. Parties are not prohibited from discussing the situation
outside of the work or educational environment. However, the matter should not be discussed in the
work or educational environment.

c. Dissemination of documents relating to a complaint and/or investigation, other than as necessary
to pursue an appeal, grievance, or other legal or administrative proceeding, is prohibited.

d. Failure to maintain confidentiality by a respondent may be considered to be a form of retaliation
in violation of II-14.10c of this policy. Failure to maintain confidentiality by any party (alleged
victim, third-party complainant, or respondent) may result in disciplinary action.
[top]
Go forward one step to II-18 Conflicts of Commitment and Interest (Chapters 15-17 are reserved for future use.)

123

DIVISION I HUMAN RIGHTS, AFFIRMATIVE ACTION, AND EQUAL
EMPLOYMENT OPPORTUNITY

(6/05; 12/05; 12/11)
14.1 Rationale
14.2 Policy
14.1 RATIONALE.
The purpose of this policy is to prevent harassment within The University of Iowa community and to provide a process for addressing
all forms of harassment if and when it does occur. The University of Iowa is committed to maintaining an environment that recognizes
the inherent worth and dignity of every person, and that fosters tolerance, sensitivity, understanding, and mutual respect. This
commitment requires that the highest value be placed on the use of reason and that any harassment in the University community be
renounced as repugnant and inimical to its goals. Harassment destroys the mutual trust which binds members of the community in their
pursuit of truth.
The University also is committed strongly to academic freedom and free speech. An educational institution has a duty to provide a
forum in which free speech and differences of opinion are actively encouraged and facilitated, and where opinions and deeply held
beliefs are challenged and debated. Critical to this mission is providing a nondiscriminatory environment that is conducive to learning.
Respect for these rights requires that members of the University community tolerate expressions of opinion that differ from their own
or that they may find abhorrent.
This policy addresses harassment in all forms based on any classification covered by law and/or II-3 Human Rights (with the exception
of sexual harassment, which is addressed in II-4 Sexual Harassment) and IV-2 Sexual Misconduct Involving Students, as well as
harassment based on other factors as set forth in this policy.
[top]
14.2 POLICY.
a. Definition of harassment as it relates to conduct. "Harassment" means intentional conduct directed toward an identifiable
person or persons that is sufficiently severe, pervasive, or persistent that it interferes with work, educational performance, on-
campus living, or participation in a University activity on or off campus.
b. Definition of harassment as it relates to the content of speech. When an allegation of harassment rests upon the content of
oral, written, or symbolic speech, it falls within this definition only if 1) the content consists of those personally abusive

1 July 2012 • www.uiowa.edu/~our/opmanual 93
epithets which are inherently likely to provoke a violent reaction, 2) the content is a serious expression of an intent to commit
an act of unlawful violence to a particular individual or group of individuals, or 3) the content is a threat to a person or group of
persons with the intent of placing the victim in fear of bodily harm or death. Conduct that constitutes a protected exercise of an
individual's rights under the First Amendment to the United States Constitution (and related principles of academic freedom)
shall not be deemed a violation of this policy. Note: Sexual harassment is addressed by the University's Policy on Sexual
Harassment (II-4) and/or the University's Policy on Sexual Misconduct Involving Students (IV-2).
c. Evidence of harassment. Behavior that may constitute, or be evidence of, prohibited harassment includes, but is not limited
to, the following:
(1) repeated contact with another in person, by telephone, in writing, or through electronic means (see also II-19
Acceptable Use of Information Technology Resources), after the recipient has made clear that such contact is
unwelcome.
(2) physical, visual, or verbal behavior directed toward another person or an identifiable group of persons that is
intended to be or is reasonably likely to be interpreted as threatening or intimidating. Behavior that constitutes speech is
included within this section only to the extent to which it has a direct tendency to incite an immediate violent reaction
in a reasonable person or to place a reasonable person in fear of imminent physical harm.
(3) harassment proscribed by the Iowa Criminal Code, Chapter 708, including, for example, stalking, the placement of
simulated explosives, ordering merchandise or services with intent to annoy, or false reports to police.
d. Academic freedom. All proceedings under this section shall respect the principles of academic freedom stated in the
Statement on Tenure and Academic Vitality at The University of Iowa (III-10.1a(2)), which commits the University to the
principle that "free inquiry and expression are essential to the maintenance of excellence."
e. Penalty enhancement. The University reserves the right to impose more severe sanctions on individuals whose actions in
violation of this policy are motivated by race, creed, color, national origin, age, sex, disability, genetic information, sexual
orientation, gender identity, or veteran status of the victim.
f. In determining whether alleged conduct constitutes prohibited harassment, the investigator will consider all available
information and will review the totality of circumstances, including the context in which the alleged incident(s) occurred.
Although repeated incidents generally create a stronger claim of harassment, a single serious incident can be sufficient.
Determinations will be made on a case-by-case basis.
g. Definitions of other terms used in this policy:
(b) Faculty members with administrative responsibilities at the level of departmental executive officer (DEO) or
above,
(c) Any staff member whose primary job responsibility is to provide advice regarding a student's academic
pursuits or other University-related activities,
(d) A faculty member serving as departmental (or collegiate) director or coordinator of undergraduate or
graduate studies, or as a director or coordinator of any departmental, collegiate, or University off-campus
academic program (including any study-abroad program),
(e) The President, Director of Equal Opportunity and Diversity, vice presidents (including assistant and
associate vice presidents), and Provost (including assistant and associate provosts), and those persons' designees,
(f) Directors and supervisors in an employment context, including faculty and staff who supervise student
employees, in relation to matters involving the employees they supervise (other than Department of Public
Safety personnel when receiving criminal complaints or reports), and
(2) Alleged victim: a person who allegedly has been harassed.
(3) Complainant: the person who brings a complaint of violation of this policy, who could be an alleged victim, a third

94 www.uiowa.edu/~our/opmanual • 1 July 2012
party, or an academic or administrative officer of the University.
(4) Graduate assistant: a graduate student employed by the University as a research assistant or teaching assistant.
(5) Human resources representative: the individual designated as a unit's departmental authority on human resource
policies and procedures, and all central human resources staff.
(6) Instructor: a person engaged in teaching students or in evaluation or supervision, direct or indirect, of a student's
academic work.
(8) Protected interests: University employment, education, on-campus living, or participation in a University activity.
(9) Respondent: a person who has been accused of harassment.
(10) Specific and credible allegations: allegations that provide factual details such as, but not limited to, time, place,
actions, participants, and witnesses. Allegations do not necessarily have to be based on firsthand observation of events
to be "specific and credible," but direct observation normally results in greater specificity and credibility than indirect
knowledge.
(11) Supervisor: a person who has authority either: 1) to undertake or recommend tangible employment decisions (those
that significantly change an employee's employment status, such as, but not limited to, hiring, firing, promoting,
demoting, reviewing performance, reassigning, and compensation decisions) affecting an employee, or 2) to direct the
employee's daily work activities.
(12) Third-party complainant: a person who brings a complaint alleging that someone else has been harassed.
[top]
a. Acts by employees and students. The University's prohibition of harassment as defined by II-14.2 above applies to acts of
faculty, other instructors, staff, or students occurring in one or more of the following circumstances:
(1) on property owned or controlled by the University or by a student organization, or;
(2) at any location, including through electronic media such as e-mail or social networking websites, and involving any
University faculty, staff, or students, provided that:
(a) The incident occurs at a University-sponsored activity or during an event sponsored by an organization
affiliated with the University, including a student organization;
(b) The accused or the complainant was acting in an official capacity for the University during the incident;
(c) The accused or the complainant was conducting University business during the incident;
(d) The conduct has the purpose or reasonably foreseeable effect of substantially interfering with the work or
educational performance of UI students, faculty, or staff;
(e) The conduct creates an intimidating or hostile environment for anyone who is involved in or seeks to
participate in University employment, education, on-campus living, or other University-sponsored activities; or
(f) The conduct demonstrates that the individual poses a reasonable threat to campus safety and security.
b. Acts by persons other than employees or students. The University will make reasonable efforts to address harassment of its
faculty, other instructors, staff, or students by persons participating in University-related programs or activities, conducting
business with or visiting the University, even if such persons are not directly affiliated with the University. Reports of
harassment by visitors to campus and other persons not directly affiliated with the University should be made to an academic or
administrative officer or the Office of Equal Opportunity and Diversity.
[top]
a. Individuals who believe they have experienced harassment are encouraged to report it, even if they are not certain whether a

violation of this policy has occurred. Reports of protected class harassment (see II-3 Human Rights) should be brought to the
Office of Equal Opportunity and Diversity under this policy. Reports also may be directed separately to other offices under
applicable policies and procedures as follows:
(1) Complaints that a student violated the rights of any member of the University community may be investigated under
a process initiated by the Dean of Students (such as, but not limited to, the Code of Student Life;
(2) Complaints that a faculty member violated the rights of any member of the University community may be
investigated under a process initiated by the Provost (such as, but not limited to, III-15 Professional Ethics and
Academic Responsibility);
(3) Complaints that a staff member violated the rights of any member of the University community may be investigated
under a process initiated by the Senior Human Resources Leadership Representative for the staff member's unit (such
as, but not limited to, III-16 Ethics and Responsibilities for University of Iowa Staff.
b. A complaint that this policy has been violated may be brought through informal or formal channels by any member of the
University community, including a third party, or by the University itself. A complaint must state specific and credible
allegations of harassment to warrant an investigation. There is no time limit for bringing a complaint; however, it may be
difficult to substantiate the allegations if they are made after significant time has passed. Therefore, prompt reporting of
complaints is strongly encouraged.
c. Substantial weight will be given to the wishes of the alleged victim when determining how to respond to a complaint.
However, the University may investigate the allegations even without the alleged victim's consent, if circumstances warrant
(such as when there are multiple complaints of harassment involving the same person or allegations are particularly egregious).
d. Anyone (victims or others) who wishes to consult with someone about a specific situation without making a complaint, or
who wishes simply to learn more about enforcement of this Anti-Harassment Policy may contact any of the following offices
or organizations:
(2) Faculty and Staff Services/Employee Assistance Program (for faculty or staff)
These offices are exempt from the reporting requirements set forth below in II-14.5e. In addition, staff in these offices and
organizations generally have professional or legal obligations to keep communications with their clients confidential. Faculty
and staff in other University offices typically do not have confidentiality obligations and may be required to report allegations
as described below in II-14.5e.
[top]
a. A complaint may be brought informally to any academic or administrative officer of the University (as defined above in II-
14.2g(1)). If the complaint alleges harassment based on a protected classification as defined by II-3 Human Rights (race, creed,
color, national origin, age, sex, disability, genetic information, sexual orientation, gender identity, or any other classification
that deprives the person of consideration as an individual), the complaint should be brought to the Office of Equal Opportunity
and Diversity.
(1) counsel the complainant as to the options available under this policy and, at the complainant's request, will help the
complainant resolve the complaint informally and/or refer the complainant to the appropriate office as described below
in II-14.6a so that the complainant may bring a formal complaint; and
(2) take appropriate interim action, which may include those actions described below in II-14.10, to address the alleged
behavior and protect the health or safety of the alleged victim, complainant, and/or witnesses.
(1) The Office of Equal Opportunity and Diversity will assist in determining whether there is a potential policy

violation related to a protected classification, and whether reporting pursuant to paragraph e below is required.
(2) For situations involving faculty and/or staff, the Behavior Risk Management team is available to assist with
assessing situations, planning the actions needed, and carrying out those actions. This team may be accessed by
contacting Faculty and Staff Services, 121-50 University Services Building.
(3) For situations involving students, contact the Dean of Students, 135 Iowa Memorial Union.
d. Substantial weight will be given to the wishes of the alleged victim when determining how to respond to a complaint. When
a complaint is brought informally, the person(s) charged in the complaint will not ordinarily be informed of the complaint
without the consent of the alleged victim unless circumstances require (such as when there are multiple complaints against the
same person or allegations are particularly egregious). No disciplinary action can be taken against a person, and there will be no
record of the allegations in the person's employment or student disciplinary file, unless the person is notified of the allegations
and given an opportunity to respond.
e. Any academic or administrative officer of the University who becomes aware of specific and credible allegations of
harassment based on a protected classification (race, creed, color, national origin, age, sex, disability, genetic information,
sexual orientation, or gender identity), whether through the report of a complainant (including a third party) or otherwise, shall
report the allegations promptly to the Office of Equal Opportunity and Diversity for assistance in evaluating the situation and
determining an appropriate course of action, even if the alleged victim has requested that no action be taken.
If there is a supervisory relationship between the complainant and/or victim and the respondent, the appropriate course of action
will include development of a plan to avoid any perceived or actual conflict of interest until the complaint is resolved.
The initial report may be verbal, but a written report also must be made after the complaint is resolved using the Office of
Equal Opportunity and Diversity Informal Harassment Complaint Resolution form, which requires disclosure of the
employment or student status of the alleged victim(s), the complainant(s) (if other than the alleged victim), and the person(s)
charged; the department(s) with which those persons are affiliated; a summary of the allegations; and a description of the steps
taken to resolve the complaint.
If the person alleged to have engaged in harassment was notified of the existence of the informal complaint and given an
opportunity to respond, the names of the parties must be provided to the Office of Equal Opportunity and Diversity. If the
person was not informed of the allegations or was not given an opportunity to respond, then the names of the parties shall not
be provided to the Office of Equal Opportunity and Diversity.
f. Reasonable efforts will be made to process complaints within 21 days, giving consideration to the nature of the allegations
and the circumstances surrounding the complaint process.
g. It is the responsibility of the academic or administrative officer who facilitates the informal resolution of the complaint to
monitor compliance with the terms of the informal resolution. Sanctions up to and including termination of employment or
separation from the University may be imposed in the event that an individual fails to comply with the terms of the informal
resolution.
[top]
a. A formal complaint pursuant to this policy must be brought to one of the following offices for investigation depending upon
the status of the respondent and the nature of the allegations:
(1) Protected class harassment. If the complaint alleges harassment based on a classification covered by II-3 Human
Rights (race, creed, color, national origin, age, sex, disability, genetic information, sexual orientation, gender identity,
or any other classification that deprives the person of consideration as an individual), a formal complaint should be
brought to the Office of Equal Opportunity and Diversity regardless of the status of the respondent.
(2) Other harassment. If the complaint alleges harassment that is not based on a classification covered by the II-3
Human Rights (race, creed, color, national origin, age, sex, disability, genetic information, sexual orientation, gender
identity, or any other classification that deprives the person of consideration as an individual), a person should bring a
formal complaint to one of the following offices depending on the status of the respondent:
(a) Faculty or instructor. If the respondent is a faculty member, teaching assistant, or other instructor, a formal
complaint should be brought to the respondent's collegiate dean or to the Office of the Provost;

(b) Staff member. If the respondent is a staff member (organized or non-organized professional and scientific,
organized or non-organized merit staff), a formal complaint should be brought to the Senior Human Resources
Leadership Representative for the unit employing the respondent;
(c) Student. If the respondent is a student, a formal complaint should be brought to the Dean of Students or the
Dean of the Graduate College.
b. A formal complaint may be brought after an informal resolution was not successfully reached, or may be brought
immediately without pursuing informal resolution.
c. The purpose of the investigation is to establish whether there is a reasonable basis for believing that a violation of this policy
has occurred. In conducting the investigation, the investigating office will make reasonable efforts to interview the alleged
victim, the complainant (if other than the alleged victim), and the respondent, and may interview other persons believed to have
pertinent factual knowledge, as well as review any relevant documentary evidence. At all times, the investigating office will
take steps to ensure confidentiality to the extent possible.
d. When a formal complaint is brought, the respondent will be informed of the allegations, the identity of the complainant, and
the facts surrounding the allegations. The investigation will afford the respondent an opportunity to respond to the allegations
and evidence provided by the complainant and/or alleged victim, and to provide a statement of the facts as perceived by the
respondent.
e. At the conclusion of the investigation, the investigating office will issue a written finding which will summarize the evidence
gathered and state whether or not there is a reasonable basis for believing that a violation of this policy has occurred. The
written finding will normally be issued within 45 days of when the complaint was filed. When it is not reasonably possible to
issue the finding within that time, the investigating office will notify the alleged victim and the respondent that the finding will
be delayed and indicate the reasons for the delay. The alleged victim and the respondent will receive a copy of the written
finding, which is to remain confidential as defined below by II-14.12c. Third-party complainants will be notified only that the
proceedings are concluded.
f. If the investigating office finds a reasonable basis for believing that a violation of this policy has occurred, the matter will be
referred to the appropriate administrator for further consideration as outlined in II-14.7 below.
[top]
(1) the Office of the Provost, if the respondent is a faculty member or other instructional personnel (except graduate
assistants);
(2) the office of the vice president or dean responsible for the unit employing the person charged, if the respondent is a
staff member (including a graduate assistant, in which case the Dean of the Graduate College also must be notified in
order to determine whether ramifications apply for the student's academic progress);
(3) the Dean of Students, if the respondent is a student (including a graduate student, in which case the Dean of the
Graduate College also must be notified in order to determine whether ramifications apply for the student's academic
progress);
c. Violations of this Anti-Harassment Policy may lead to disciplinary sanctions up to and including termination or separation
from the University. Sanctions for violations of this policy should be commensurate with the nature of the violation and the
respondent's disciplinary history.
d. In addition to other disciplinary action, persons who are found to have violated this policy may be referred to the Behavior

Risk Management team or to the Dean of Students for consideration of a mandated referral or be required to participate in
policy and behavioral expectations education. They also may be required to complete community service, enroll in a specific
academic course, attend an educational workshop, and/or make restitution for economic damages caused by their behavior.
When the respondent is a faculty or staff member, the Office of Faculty and Staff Services, 121-50 University Service
Building, is available to assist with locating appropriate resources. When the respondent is a student, University Counseling
Service, 3223 Westlawn, is available to assist with locating appropriate resources.
e. It is the responsibility of the appropriate administrator to follow-up with the parties at a reasonable interval(s) to assess their
compliance with the disciplinary and/or remedial sanctions imposed. More serious sanctions, up to and including termination of
employment or separation from the University, may be imposed in the event that the individual fails to comply with the
sanctions initially imposed.
[top]

Formal disciplinary action taken in response to alleged violations of this policy by:
a. faculty members will be governed by the Faculty Dispute Procedures (III-29) and that portion of those procedures dealing
with faculty ethics (III-29.7).
b. staff members will be governed by applicable University policies, including III-16 Ethics and Responsibility Statement for
Staff and the applicable discipline and/or grievance procedures (III-28 Conflict Management Resources for University Staff
and/or relevant collective bargaining agreement);
c. graduate assistants, when dismissal is sought, will be governed by the procedure for dismissal of graduate assistants (III-
12.4). When disciplinary action other than dismissal is taken by the dean of the employing college, a graduate assistant may
appeal through any existing contractual grievance procedures;
d. students will be governed by Student Judicial Procedure.

[top]

This section addresses isolated behavior that does not rise to the level of a violation of this policy. However, it should be understood
that a single incident can under certain circumstances constitute harassment in violation of this policy. The purpose of this section is
preventative, in that it authorizes and encourages appropriate intervention designed to avoid a violation of this policy. However, this
section shall not apply to constitutionally protected speech as provided in II-14.2c above.
a. Isolated behavior of the kind described in II-14.2, which does not rise to the level of harassment but which if repeated could
rise to that level, demonstrates insensitivity that may warrant remedial measures. Academic or administrative officers who
become aware of such behavior in their areas should counsel those who have engaged in the behavior. Such counsel should
include a clear statement that the behavior is not acceptable and should cease, information about the potential consequences if
such behavior persists, and a recommendation, as appropriate, to undertake an educational program designed to help the
person(s) understand the harm caused by the behavior.
b. After such counseling occurs, if a person continues to engage in the conduct described in II-14.9a, he or she may be deemed
to have engaged in harassment.
[top]
a. Alleged victims will be informed of relevant procedural steps taken during the investigation and any interim protective
measures taken. An alleged victim may be accompanied by a victim advocate and other support persons during the
investigation process if the alleged victim so desires.
b. Throughout the investigation and resolution of a complaint, steps will be taken to protect alleged victims, complainants,
witnesses, and others from harm caused by continuation of the alleged harassing behavior.
c. Retaliation against alleged victims, complainants, and/or witnesses who provide information during an investigation pursuant
to this policy is prohibited by II-11 Anti-Retaliation. Reasonable action will be taken to assure that alleged victims,
complainants, and/or witnesses suffer no retaliation as a result of their activities with regard to the process.
d. Steps that may be taken to protect alleged victims, complainants, witnesses, and others from continued harassment and/or

retaliation might include:
(1) lateral transfers of one or more of the parties in an employment setting and a comparable move if a classroom setting
is involved, and
(2) arrangement that academic and/or employment evaluations concerning complainants or others be made by an
appropriate individual other than the respondent.
e. Any retaliation against alleged victims, complainants or witnesses should be reported pursuant to the Anti-Retaliation Policy
(II-11). Retaliation may result in disciplinary action against the person committing the retaliatory act(s).
f. In extraordinary circumstances, the Provost, a dean, a DEO, or any vice president may, at any time during or after an
investigation of allegations of harassment, suspend or partially restrict from employment any employee accused of harassment
if the Provost, dean, DEO, or vice president finds that it is reasonably certain that:
(1) the employee engaged in harassment in violation of this policy, and
(2) serious and immediate harm will ensue if the person continues his or her employment. Similarly, if the respondent is
a student, interim sanctions may be imposed pursuant to Section 10 of the Student Judicial Procedure.
[top]
a. This policy shall not be used to bring knowingly false or malicious allegations of harassment. Making such allegations may
subject the complaining party to remedial and/or disciplinary action up to and including termination or separation from the
University. Any such disciplinary action will be initiated by the appropriate administrator overseeing the complainant(s).
b. In the event the allegations are not substantiated, reasonable steps will be taken to restore the reputation of the respondent if
it was damaged by the proceeding. The respondent may consult with the investigating office regarding reasonable steps to
address such concerns.
[top]
a. In order to empower community members to voice concerns and bring complaints, the confidentiality of all parties will be
protected to the greatest extent possible. However, confidentiality cannot be guaranteed in all cases, and legal obligations may
require the University to take some action once it is made aware that harassment may be occurring, even when the alleged
victim is reluctant to proceed. Appropriate University officials will be consulted, including the Office of Equal Opportunity
and Diversity when the complaint alleges harassment based on a protected classification (see II-14.5e above), and information
will be shared only with those individuals who need to know it to implement this policy.
b. Alleged victims, third-party complainants, and respondents are expected to maintain confidentiality as well. They are not
prohibited from discussing the situation outside of the work or educational environment. However, the matter should not be
discussed in the work or educational environment.
c. Dissemination of documents relating to complaints of harassment and/or to the investigation of such complaints, other than
as necessary to pursue an appeal, grievance, or other legal or administrative proceeding, is prohibited.
d. Failure to maintain confidentiality by a respondent may be considered to be a form of retaliation in violation of II-14.10c of
this policy. Failure to maintain confidentiality by any party (alleged victim, third-party complainant, or respondent) may result
in disciplinary action.
[top]
Go forward one step to II-18 Conflicts of Commitment and Interest (Chapters 15-17 are reserved for future use.)


OPPORTUNITY

(6/05; 12/05; 12/11; 8/13)
14.1 Rationale
14.2 Policy
14.1 RATIONALE.
The purpose of this policy is to prevent harassment within The University of Iowa community and to provide a
process for addressing all forms of harassment if and when it does occur. The University of Iowa is committed to
placed on the use of reason and that any harassment in the University community be renounced as repugnant and
inimical to its goals. Harassment destroys the mutual trust which binds members of the community in their
pursuit of truth.
The University also is committed strongly to academic freedom and free speech. An educational institution has a
duty to provide a forum in which free speech and differences of opinion are actively encouraged and facilitated,
and where opinions and deeply held beliefs are challenged and debated. Critical to this mission is providing a
nondiscriminatory environment that is conducive to learning. Respect for these rights requires that members of
the University community tolerate expressions of opinion that differ from their own or that they may find
abhorrent.
This policy addresses harassment in all forms based on any classification covered by law and/or II-3 Human
Rights (with the exception of sexual harassment, which is addressed in II-4 Sexual Harassment) and IV-2 Sexual
Misconduct Involving Students, as well as harassment based on other factors as set forth in this policy.
[top]
14.2 POLICY.
a. Definition of harassment as it relates to conduct. "Harassment" means intentional conduct directed

Doyle
toward an identifiable person or persons that Appx. 508 severe, pervasive, or persistent
is sufficiently STATE that 755it interferes
with work, educational performance, on-campus living, or participation in a University activity on or off
campus.
b. Definition of harassment as it relates to the content of speech. When an allegation of harassment rests
upon the content of oral, written, or symbolic speech, it falls within this definition only if 1) the content
consists of those personally abusive epithets which are inherently likely to provoke a violent reaction, 2)
the content is a serious expression of an intent to commit an act of unlawful violence to a particular
individual or group of individuals, or 3) the content is a threat to a person or group of persons with the
intent of placing the victim in fear of bodily harm or death. Conduct that constitutes a protected exercise of
an individual's rights under the First Amendment to the United States Constitution (and related principles
of academic freedom) shall not be deemed a violation of this policy. Note: Sexual harassment is addressed
by the University's Policy on Sexual Harassment (II-4) and/or the University's Policy on Sexual
Misconduct Involving Students (IV-2).
c. Evidence of harassment. Behavior that may constitute, or be evidence of, prohibited harassment
includes, but is not limited to, the following:
(1) repeated contact with another in person, by telephone, in writing, or through electronic means
(see also II-19 Acceptable Use of Information Technology Resources), after the recipient has made
clear that such contact is unwelcome.
Behavior that constitutes speech is included within this section only to the extent to which it has a
direct tendency to incite an immediate violent reaction in a reasonable person or to place a
reasonable person in fear of imminent physical harm.
(3) harassment proscribed by the Iowa Criminal Code, Chapter 708, including, for example, stalking,
the placement of simulated explosives, ordering merchandise or services with intent to annoy, or
false reports to police.
(4) stalking as a course of conduct that is directed at a specific person that would cause a reasonable
person to feel fear.
commits the University to the principle that "free inquiry and expression are essential to the maintenance of
excellence."
whose actions in violation of this policy are motivated by race, creed, color, national origin, age, sex,
disability, genetic information, sexual orientation, gender identity, or veteran status of the victim.
f. In determining whether alleged conduct constitutes prohibited harassment, the investigator will consider
all available information and will review the totality of circumstances, including the context in which the
alleged incident(s) occurred. Although repeated incidents generally create a stronger claim of harassment, a
single serious incident can be sufficient. Determinations will be made on a case-by-case basis.
(b) Faculty members with administrative responsibilities at the level of departmental executive
officer (DEO) or above,
student's academic pursuits or other University-related activities,
(d) A faculty member serving as departmental (or collegiate) director or coordinator of

undergraduate or graduate studies, or as a director or coordinator of any departmental,
collegiate, or University off-campus academic program (including any study-abroad program),
assistant and associate vice presidents), and Provost (including assistant and associate
provosts), and those persons' designees,
(f) Directors and supervisors in an employment context, including faculty and staff who
supervise student employees, in relation to matters involving the employees they supervise
(other than Department of Public Safety personnel when receiving criminal complaints or
reports), and
teaching assistant.
(5) Human resources representative: the individual designated as a unit's departmental authority on
human resource policies and procedures, and all central human resources staff.
(6) Instructor: a person engaged in teaching students or in evaluation or supervision, direct or

indirect, of a student's academic work.

on firsthand observation of events to be "specific and credible," but direct observation normally
but not limited to, hiring, firing, promoting, demoting, reviewing performance, reassigning, and
compensation decisions) affecting an employee, or 2) to direct the employee's daily work activities.
harassed.
(13) Stalking includes but is not limited to:
(a) Non-consensual communication including in-person communication, telephone calls, voice

messages, text messages, email messages, social networking site postings, instant messages,
Doyle Appx.
postings of pictures or information 510
on web sites, written letters, gifts,STATE
ordering 757
goods or
services, or any other communications that are undesired and/or place another person in fear;
(b) Following, pursuing, waiting, or showing up uninvited at a workplace, place of residence,

classroom, or other locations frequented by a complainant;
(c) Monitoring online activities, surveillance and other types of observation, whether by
physical proximity or electronic means, attempts to gather information about the complainant;
(d) Vandalism, including attacks on data and equipment;
(e) Direct physical and/or verbal threats against a complainant or a complainant's loved ones,
including animal abuse;
(f) Gathering of information about a complainant from family, friends, co-workers, and/or
classmates;
(g) Manipulative and controlling behaviors such as threats to harm oneself, or threats to harm
someone close to the complainant;
(h) Defamation or slander against the complainant, posting false information about the
complainant and/or posing as the complainant to post to websites, newsgroups, blogs, or other
sites that allow public contributions, encouraging others to harass the complainant;
(i) Posing as someone other than oneself to initiate transactions, financial credit, loans, or
other contractual agreements;
(j) Arranging to meet complainant under false pretenses.

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a. Acts by employees and students. The University's prohibition of harassment as defined by II-14.2 above
applies to acts of faculty, other instructors, staff, or students occurring in one or more of the following
circumstances:
(2) at any location, including through electronic media such as e-mail or social networking websites,
and involving any University faculty, staff, or students, provided that:
(a) The incident occurs at a University-sponsored activity or during an event sponsored by an

organization affiliated with the University, including a student organization;
(b) The accused or the complainant was acting in an official capacity for the University during
the incident;
(d) The conduct has the purpose or reasonably foreseeable effect of substantially interfering
with the work or educational performance of UI students, faculty, or staff;
(e) The conduct creates an intimidating or hostile environment for anyone who is involved in
or seeks to participate in University employment, education, on-campus living, or other
University-sponsored activities; or
(f) The conduct demonstrates that the individual poses a reasonable threat to campus safety
and security. Doyle Appx. 511 STATE 758
b. Acts by persons other than employees or students. The University will make reasonable efforts to
address harassment of its faculty, other instructors, staff, or students by persons participating in University-
related programs or activities, conducting business with or visiting the University, even if such persons are
not directly affiliated with the University. Reports of harassment by visitors to campus and other persons
not directly affiliated with the University should be made to an academic or administrative officer or the
Office of Equal Opportunity and Diversity.
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a. Individuals who believe they have experienced harassment are encouraged to report it, even if they are
not certain whether a violation of this policy has occurred. Reports of protected class harassment (see II-3
Human Rights) should be brought to the Office of Equal Opportunity and Diversity under this policy.
Reports also may be directed separately to other offices under applicable policies and procedures as
follows:
(1) Complaints that a student violated the rights of any member of the University community may be
investigated under a process initiated by the Dean of Students (such as, but not limited to, the Code
of Student Life;
(2) Complaints that a faculty member violated the rights of any member of the University
community may be investigated under a process initiated by the Provost (such as, but not limited to,
III-15 Professional Ethics and Academic Responsibility);
(3) Complaints that a staff member violated the rights of any member of the University community
may be investigated under a process initiated by the Senior Human Resources Leadership
Representative for the staff member's unit (such as, but not limited to, III-16 Ethics and
Responsibilities for University of Iowa Staff.
b. A complaint that this policy has been violated may be brought through informal or formal channels by
any member of the University community, including a third party, or by the University itself. A complaint
must state specific and credible allegations of harassment to warrant an investigation. There is no time
limit for bringing a complaint; however, it may be difficult to substantiate the allegations if they are made
after significant time has passed. Therefore, prompt reporting of complaints is strongly encouraged.
c. Substantial weight will be given to the wishes of the alleged victim when determining how to respond to
a complaint. However, the University may investigate the allegations even without the alleged victim's
consent, if circumstances warrant (such as when there are multiple complaints of harassment involving the
same person or allegations are particularly egregious).
d. Anyone (victims or others) who wishes to consult with someone about a specific situation without
making a complaint, or who wishes simply to learn more about enforcement of this Anti-Harassment
Policy may contact any of the following offices or organizations:
(2) Faculty and Staff Services/Employee Assistance Program (for faculty or staff)
These offices are exempt from the reporting requirements set forth below in II-14.5e. In addition, staff in
these offices and organizations generally have professional or legal obligations to keep communications
with their clients confidential. Faculty and staff in other University offices typically do not have
confidentiality obligations and may be required to report allegations as described below in II-14.5e.
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defined above in II-14.2g(1)). If the complaint alleges harassment based on a protected classification as
defined by II-3 Human Rights (race, creed, color, national origin, age, sex, disability, genetic information,
sexual orientation, gender identity, or any other classification that deprives the person of consideration as
an individual), the complaint should be brought to the Office of Equal Opportunity and Diversity.
the appropriate office as described below in II-14.6a so that the complainant may bring a formal
complaint; and
(2) take appropriate interim action, which may include those actions described below in II-14.10, to
and/or witnesses.
potential policy violation related to a protected classification, and whether reporting pursuant to
(2) For situations involving faculty and/or staff, the Behavior Risk Management team is available to
assist with assessing situations, planning the actions needed, and carrying out those actions. This
team may be accessed by contacting Faculty and Staff Services, 121-50 University Services
Building.
d. Substantial weight will be given to the wishes of the alleged victim when determining how to respond to
a complaint. When a complaint is brought informally, the person(s) charged in the complaint will not
ordinarily be informed of the complaint without the consent of the alleged victim unless circumstances
require (such as when there are multiple complaints against the same person or allegations are particularly
egregious). No disciplinary action can be taken against a person, and there will be no record of the
allegations in the person's employment or student disciplinary file, unless the person is notified of the
allegations and given an opportunity to respond.
allegations of harassment based on a protected classification (race, creed, color, national origin, age, sex,
disability, genetic information, sexual orientation, or gender identity), whether through the report of a
complainant (including a third party) or otherwise, shall report the allegations promptly to the Office of
Equal Opportunity and Diversity for assistance in evaluating the situation and determining an appropriate
course of action, even if the alleged victim has requested that no action be taken.
If there is a supervisory relationship between the complainant and/or victim and the respondent, the
appropriate course of action will include development of a plan to avoid any perceived or actual conflict of
interest until the complaint is resolved.
The initial report may be verbal, but a written report also must be made after the complaint is resolved
using the Office of Equal Opportunity and Diversity Informal Harassment Complaint Resolution form,
which requires disclosure of the employment or student status of the alleged victim(s), the complainant(s)
(if other than the alleged victim), and the person(s) charged; the department(s) with which those persons
Doyle and
are affiliated; a summary of the allegations; Appx. 513 of the steps taken toSTATE
a description 760
resolve the complaint.
If the person alleged to have engaged in harassment was notified of the existence of the informal complaint
and given an opportunity to respond, the names of the parties must be provided to the Office of Equal
Opportunity and Diversity. If the person was not informed of the allegations or was not given an
opportunity to respond, then the names of the parties shall not be provided to the Office of Equal
Opportunity and Diversity.
f. Reasonable efforts will be made to process complaints within 21 days, giving consideration to the nature
of the allegations and the circumstances surrounding the complaint process.
g. It is the responsibility of the academic or administrative officer who facilitates the informal resolution of
the complaint to monitor compliance with the terms of the informal resolution. Sanctions up to and
including termination of employment or separation from the University may be imposed in the event that
an individual fails to comply with the terms of the informal resolution.
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a. A formal complaint pursuant to this policy must be brought to one of the following offices for
investigation depending upon the status of the respondent and the nature of the allegations:
(1) Protected class harassment. If the complaint alleges harassment based on a classification covered
by II-3 Human Rights (race, creed, color, national origin, age, sex, disability, genetic information,
sexual orientation, gender identity, or any other classification that deprives the person of
consideration as an individual), a formal complaint should be brought to the Office of Equal
Opportunity and Diversity regardless of the status of the respondent.
covered by the II-3 Human Rights (race, creed, color, national origin, age, sex, disability, genetic
information, sexual orientation, gender identity, or any other classification that deprives the person
of consideration as an individual), a person should bring a formal complaint to one of the following
offices depending on the status of the respondent:
Office of the Provost;
(b) Staff member. If the respondent is a staff member (organized or non-organized

professional and scientific, organized or non-organized merit staff), a formal complaint should
be brought to the Senior Human Resources Leadership Representative for the unit employing
the respondent;
(c) Student. If the respondent is a student, a formal complaint should be brought to the Dean of
Students or the Dean of the Graduate College.
b. A formal complaint may be brought after an informal resolution was not successfully reached, or may be
brought immediately without pursuing informal resolution.
c. The purpose of the investigation is to establish whether there is a reasonable basis for believing that a
violation of this policy has occurred. In conducting the investigation, the investigating office will make
reasonable efforts to interview the alleged victim, the complainant (if other than the alleged victim), and
the respondent, and may interview other persons believed to have pertinent factual knowledge, as well as
review any relevant documentary evidence. At all times, the investigating office will take steps to ensure
confidentiality to the extent possible.
d. When a formal complaint is brought, the respondent will be informed of the allegations, the identity of
Doylethe
the complainant, and the facts surrounding Appx. 514 The investigation willSTATE
allegations. afford the761
respondent an
opportunity to respond to the allegations and evidence provided by the complainant and/or alleged victim,
and to provide a statement of the facts as perceived by the respondent.
e. At the conclusion of the investigation, the investigating office will issue a written finding which will
summarize the evidence gathered and state whether or not there is a reasonable basis for believing that a
violation of this policy has occurred. The written finding will normally be issued within 45 days of when
the complaint was filed. When it is not reasonably possible to issue the finding within that time, the
investigating office will notify the alleged victim and the respondent that the finding will be delayed and
indicate the reasons for the delay. The alleged victim and the respondent will receive a copy of the written
finding, which is to remain confidential as defined below by II-14.12c. Third-party complainants will be
notified only that the proceedings are concluded.
f. If the investigating office finds a reasonable basis for believing that a violation of this policy has
occurred, the matter will be referred to the appropriate administrator for further consideration as outlined in
II-14.7 below.
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apply for the student's academic progress);
c. Violations of this Anti-Harassment Policy may lead to disciplinary sanctions up to and including
termination or separation from the University. Sanctions for violations of this policy should be
commensurate with the nature of the violation and the respondent's disciplinary history.
d. In addition to other disciplinary action, persons who are found to have violated this policy may be
referred to the Behavior Risk Management team or to the Dean of Students for consideration of a mandated
referral or be required to participate in policy and behavioral expectations education. They also may be
required to complete community service, enroll in a specific academic course, attend an educational
workshop, and/or make restitution for economic damages caused by their behavior.
When the respondent is a faculty or staff member, the Office of Faculty and Staff Services, 121-50
University Service Building, is available to assist with locating appropriate resources. When the respondent
is a student, University Counseling Service, 3223 Westlawn, is available to assist with locating appropriate
resources. Doyle Appx. 515 STATE 762
e. It is the responsibility of the appropriate administrator to follow-up with the parties at a reasonable
interval(s) to assess their compliance with the disciplinary and/or remedial sanctions imposed. More
serious sanctions, up to and including termination of employment or separation from the University, may
be imposed in the event that the individual fails to comply with the sanctions initially imposed.
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a. faculty members will be governed by the Faculty Dispute Procedures (III-29) and that portion of those
procedures dealing with faculty ethics (III-29.7).
b. staff members will be governed by applicable University policies, including III-16 Ethics and
Responsibility Statement for Staff and the applicable discipline and/or grievance procedures (III-28
Conflict Management Resources for University Staff and/or relevant collective bargaining agreement);
c. graduate assistants, when dismissal is sought, will be governed by the procedure for dismissal of
graduate assistants (III-12.4). When disciplinary action other than dismissal is taken by the dean of the
employing college, a graduate assistant may appeal through any existing contractual grievance procedures;

[top]

This section addresses isolated behavior that does not rise to the level of a violation of this policy. However, it
should be understood that a single incident can under certain circumstances constitute harassment in violation of
this policy. The purpose of this section is preventative, in that it authorizes and encourages appropriate
intervention designed to avoid a violation of this policy. However, this section shall not apply to constitutionally
protected speech as provided in II-14.2c above.
a. Isolated behavior of the kind described in II-14.2, which does not rise to the level of harassment but
which if repeated could rise to that level, demonstrates insensitivity that may warrant remedial measures.
Academic or administrative officers who become aware of such behavior in their areas should counsel
those who have engaged in the behavior. Such counsel should include a clear statement that the behavior is
not acceptable and should cease, information about the potential consequences if such behavior persists,
and a recommendation, as appropriate, to undertake an educational program designed to help the person(s)
understand the harm caused by the behavior.
b. After such counseling occurs, if a person continues to engage in the conduct described in II-14.9a, he or
she may be deemed to have engaged in harassment.
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a. Alleged victims will be informed of relevant procedural steps taken during the investigation and any
interim protective measures taken. An alleged victim may be accompanied by a victim advocate and other
support persons during the investigation process if the alleged victim so desires.
b. Throughout the investigation and resolution of a complaint, steps will be taken to protect alleged
victims, complainants, witnesses, and others from harm caused by continuation of the alleged harassing
behavior.
c. Retaliation against alleged victims, complainants, and/or witnesses who provide information during an
investigation pursuant to this policy is prohibited by II-11 Anti-Retaliation. Reasonable action will be
taken to assure that alleged victims, complainants, and/or witnesses suffer no retaliation as a result of their
activities with regard to the process.Doyle Appx. 516 STATE 763
d. Steps that may be taken to protect alleged victims, complainants, witnesses, and others from continued
harassment and/or retaliation might include:
(1) lateral transfers of one or more of the parties in an employment setting and a comparable move if
a classroom setting is involved, and
(2) arrangement that academic and/or employment evaluations concerning complainants or others be
made by an appropriate individual other than the respondent.
e. Any retaliation against alleged victims, complainants or witnesses should be reported pursuant to the
Anti-Retaliation Policy (II-11). Retaliation may result in disciplinary action against the person committing
the retaliatory act(s).
f. In extraordinary circumstances, the Provost, a dean, a DEO, or any vice president may, at any time
during or after an investigation of allegations of harassment, suspend or partially restrict from employment
any employee accused of harassment if the Provost, dean, DEO, or vice president finds that it is reasonably
certain that:
(2) serious and immediate harm will ensue if the person continues his or her employment. Similarly,
if the respondent is a student, interim sanctions may be imposed pursuant to Section 10 of the
Student Judicial Procedure.
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a. This policy shall not be used to bring knowingly false or malicious allegations of harassment. Making
such allegations may subject the complaining party to remedial and/or disciplinary action up to and
including termination or separation from the University. Any such disciplinary action will be initiated by
the appropriate administrator overseeing the complainant(s).
b. In the event the allegations are not substantiated, reasonable steps will be taken to restore the reputation
of the respondent if it was damaged by the proceeding. The respondent may consult with the investigating
office regarding reasonable steps to address such concerns.
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a. In order to empower community members to voice concerns and bring complaints, the confidentiality of
all parties will be protected to the greatest extent possible. However, confidentiality cannot be guaranteed
in all cases, and legal obligations may require the University to take some action once it is made aware that
harassment may be occurring, even when the alleged victim is reluctant to proceed. Appropriate University
officials will be consulted, including the Office of Equal Opportunity and Diversity when the complaint
alleges harassment based on a protected classification (see II-14.5e above), and information will be shared
only with those individuals who need to know it to implement this policy.
b. Alleged victims, third-party complainants, and respondents are expected to maintain confidentiality as
well. They are not prohibited from discussing the situation outside of the work or educational environment.
However, the matter should not be discussed in the work or educational environment.
c. Dissemination of documents relating to complaints of harassment and/or to the investigation of such

complaints, other than as necessary to pursue an appeal, grievance, or other legal or administrative
proceeding, is prohibited.
d. Failure to maintain confidentialityDoyle Appx. 517

by a respondent STATE
may be considered to be a form 764 in
of retaliation

violation of II-14.10c of this policy. Failure to maintain confidentiality by any party (alleged victim, third-
party complainant, or respondent) may result in disciplinary action.
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Go forward one step to II-15 Physical and Sexual Abuse of Children



Chapter 14 – Anti-Harassment
(Amended 6/05; 12/05; 12/11; 8/13; 5/15; 7/15)
14.1 Rationale
(Amended 7/15)
The purpose of this policy is to prevent harassment within The University of Iowa community and to provide a process for addressing all forms of harassment if and when it occurs. The
University of Iowa is committed to maintaining an environment that recognizes the inherent worth and dignity of every person, and that fosters tolerance, sensitivity, understanding, and
mutual respect. This commitment requires that the highest value be placed on the use of reason and that any harassment in the University community be renounced as repugnant and
inimical to its goals. Harassment destroys the mutual trust that binds members of the community in their pursuit of truth.
The University also is committed strongly to academic freedom and free speech. An educational institution has a duty to provide a forum in which free speech and differences of opinion
are actively encouraged and facilitated, and where opinions and deeply held beliefs are challenged and debated. Critical to this mission is providing a nondiscriminatory environment that
is conducive to learning. Respect for these rights requires that members of the University community tolerate expressions of opinion that differ from their own or that they may find
abhorrent.
This policy addresses harassment in all forms based on any classification covered by law and/or II-3 Human Rights (with the exception of sexual harassment, which is addressed in II-4
Sexual Harassment) and IV-2 Sexual Misconduct, Dating/Domestic Violence, or Stalking Involving Students, as well as harassment based on other factors as set forth in this policy.
14.2 Policy
(Amended 5/15; 7/15)
a. Definition of harassment as it relates to conduct. "Harassment" means intentional conduct directed toward an identifiable person or persons that is sufficiently severe, pervasive,
or persistent that it interferes with work, educational performance, on-campus living, or participation in a University activity on or off campus.
b. Definition of harassment as it relates to the content of speech. When an allegation of harassment rests upon the content of oral, written, or symbolic speech, it falls within this
definition only if 1) the content consists of those personally abusive epithets which are inherently likely to provoke a violent reaction, 2) the content is a serious expression of an
intent to commit an act of unlawful violence to a particular individual or group of individuals, or 3) the content is a threat to a person or group of persons with the intent of placing
the victim in fear of bodily harm or death. Conduct that constitutes a protected exercise of an individual's rights under the First Amendment to the United States Constitution (and
related principles of academic freedom) shall not be deemed a violation of this policy. Note: Sexual harassment is addressed by the University's Policy on Sexual Harassment
(II-4) and/or the University's Policy on Sexual Misconduct Involving Students (IV-2).
c. Evidence of harassment. Behavior that may constitute, or be evidence of, prohibited harassment includes, but is not limited to, the following:
(1) repeated contact with another in person, by telephone, in writing, or through electronic means (see also II-19 Acceptable Use of Information Technology
Resources), after the recipient has made clear that such contact is unwelcome.
(2) physical, visual, or verbal behavior directed toward another person or an identifiable group of persons that is intended to be or is reasonably likely to be interpreted
as threatening or intimidating. Behavior that constitutes speech is included within this section only to the extent to which it has a direct tendency to incite an immediate
violent reaction in a reasonable person or to place a reasonable person in fear of imminent physical harm.
(3) harassment proscribed by the Iowa Criminal Code, Chapter 708, including, for example, stalking, the placement of simulated explosives, ordering merchandise or
services with intent to annoy, or false reports to police.
(4) stalking as a course of conduct that is directed at a specific person that would cause a reasonable person to feel fear.
(5) domestic/dating violence which is coercive, abusive, and/or threatening behavior toward a current or former intimate or romantic partner.
d. Academic freedom. All proceedings under this section shall respect the principles of academic freedom stated in the Statement on Tenure and Academic Vitality at The
University of Iowa (III-10.1a(2)), which commits the University to the principle that "free inquiry and expression are essential to the maintenance of excellence."
e. Penalty enhancement. The University reserves the right to impose more severe sanctions on individuals whose actions in violation of this policy are motivated by the race,
creed, color, religion, national origin, age, sex, pregnancy, disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity,
or associational preferences of the victim.
f. In determining whether alleged conduct constitutes prohibited harassment, the investigator will consider all available information and will review the totality of circumstances,
including the context in which the alleged incident(s) occurred. Although repeated incidents generally create a stronger claim of harassment, a single serious incident can be
sufficient. Determinations will be made on a case-by-case basis.
(b) Faculty members with administrative responsibilities at the level of departmental executive officer (DEO) or above,
(c) Any staff member whose primary job responsibility is to provide advice regarding a student's academic pursuits or other University-related activities,
(d) A faculty member serving as departmental (or collegiate) director or coordinator of undergraduate or graduate studies, or as a director or coordinator of
any departmental, collegiate, or University off-campus academic program (including any study-abroad program),
(e) The President, Director of Equal Opportunity and Diversity, vice presidents (including assistant and associate vice presidents), and Provost (including
1 July 2016 • https://opsmanual.uiowa.edu 67

assistant and associate provosts), and those persons' designees,
(f) Directors and supervisors in an employment context, including faculty and staff who supervise student employees, in relation to matters involving the
employees they supervise (other than Department of Public Safety personnel when receiving criminal complaints or reports), and
(3) Complainant: the person who brings a complaint of violation of this policy, who could be an alleged victim, a third party, or an academic or administrative officer of
the University.
(4) Domestic/dating violence: any coercive, abusive, and/or threatening behavior toward a current or former intimate or romantic partner. These behaviors may
include, for example, physical, sexual, emotional, economic, or psychological actions or threats of actions that intimidate, manipulate, humiliate, isolate, frighten,
terrorize, coerce, threaten, or injure the victim/survivor.
(6) Human resources representative: the individual designated as a unit's departmental authority on human resource policies and procedures, and all central human
resources staff.
(7) Instructor: a person engaged in teaching students or in evaluation or supervision, direct or indirect, of a student's academic work.
(11) Specific and credible allegations: allegations that provide factual details such as, but not limited to, time, place, actions, participants, and witnesses. Allegations do
not necessarily have to be based on firsthand observation of events to be "specific and credible," but direct observation normally results in greater specificity and
credibility than indirect knowledge.
(a) Non-consensual communication including in-person communication, telephone calls, voice messages, text messages, email messages, social networking
site postings, instant messages, postings of pictures or information on websites, written letters, gifts, ordering goods or services, or any other communications
that are undesired and/or place another person in fear;
(b) Following, pursuing, waiting, or showing up uninvited at a workplace, place of residence, classroom, or other locations frequented by a complainant;
(c) Monitoring online activities, surveillance and other types of observation, whether by physical proximity or electronic means, attempts to gather information
about the complainant;
(e) Direct physical and/or verbal threats against a complainant or a complainant's loved ones, including animal abuse;
(f) Gathering of information about a complainant from family, friends, co-workers, and/or classmates;
(g) Manipulative and controlling behaviors such as threats to harm oneself, or threats to harm someone close to the complainant;
(h) Defamation or slander against the complainant, posting false information about the complainant and/or posing as the complainant to post to websites,
newsgroups, blogs, or other sites that allow public contributions, encouraging others to harass the complainant;
(i) Posing as someone other than oneself to initiate transactions, financial credit, loans, or other contractual agreements;
(13) Supervisor: a person who has authority either: 1) to undertake or recommend tangible employment decisions (those that significantly change an employee's
employment status, such as, but not limited to, hiring, firing, promoting, demoting, reviewing performance, reassigning, and compensation decisions) affecting an
employee, or 2) to direct the employee's daily work activities.

(Amended 7/15)
a. Acts by employees and students. The University's prohibition of harassment as defined by II-14.2 above applies to acts of faculty, other instructors, staff, or students occurring in
one or more of the following circumstances:
(2) at any location, including through electronic media such as email or social networking websites, and involving any University faculty, staff, or students, provided that:
(a) The incident occurs at a University-sponsored activity or during an event sponsored by an organization affiliated with the University, including a student
organization;
68 https://opsmanual.uiowa.edu • 1 July 2016

(d) The conduct has the purpose or reasonably foreseeable effect of substantially interfering with the work or educational performance of UI students, faculty,
or staff;
(e) The conduct creates an intimidating or hostile environment for anyone who is involved in or seeks to participate in University employment, education,
on-campus living, or other University-sponsored activities; or
b. Acts by persons other than employees or students. The University will make reasonable efforts to address harassment of its faculty, other instructors, staff, or students by
persons participating in University-related programs or activities, conducting business with or visiting the University, even if such persons are not directly affiliated with the
University. Reports of harassment by visitors to campus and other persons not directly affiliated with the University should be made to an academic or administrative officer or
the Office of Equal Opportunity and Diversity (319-335-0705).

(Amended 7/15)
a. Individuals who believe they have experienced harassment are encouraged to report it, even if they are not certain whether a violation of this policy has occurred. Reports of
protected class harassment (see II-3 Human Rights) should be brought to the Office of Equal Opportunity and Diversity under this policy. Reports also may be directed
separately to other offices under applicable policies and procedures as follows:
(1) Complaints that a student violated the rights of any member of the University community may be investigated under a process initiated by the Dean of Students
(such as, but not limited to, the Code of Student Life;
(2) Complaints that a faculty member violated the rights of any member of the University community may be investigated under a process initiated by the Provost (such
as, but not limited to, III-15 Professional Ethics and Academic Responsibility);
(3) Complaints that a staff member violated the rights of any member of the University community may be investigated under a process initiated by the Senior Human
Resources Leadership Representative for the staff member's unit (such as, but not limited to, III-16 Ethics and Responsibilities for University of Iowa Staff). The Senior
Human Resources Leadership Representative may appoint a designee to conduct the investigation with the approval of University Human Resources and the Office of
Equal Opportunity and Diversity.
b. A complaint that this policy has been violated may be brought through informal or formal channels by any member of the University community, including a third party, or by the
University itself. A complaint must state specific and credible allegations of harassment to warrant an investigation. There is no time limit for bringing a complaint; however, it
may be difficult to substantiate the allegations if they are made after significant time has passed. Therefore, prompt reporting of complaints is strongly encouraged.
c. Substantial weight will be given to the wishes of the alleged victim when determining how to respond to a complaint. However, the University may investigate the allegations
even without the alleged victim's consent, if circumstances warrant (such as when there are multiple complaints of harassment involving the same person or allegations are
particularly egregious).
d. Anyone (victims or others) who wishes to consult with someone about a specific situation without making a complaint, or who wishes simply to learn more about enforcement of
this Anti-Harassment Policy may contact any of the following offices or organizations:
(1) Office of the Ombudsperson (for faculty, staff, or students), C108 Seashore Hall;
(4) Women's Resource and Action Center (for faculty, other instructors, staff, students, or visitors), Bowman House;
(5) Domestic Violence Intervention Program (certified victim advocates) (for faculty, other instructors, staff, students, or visitors), 1105 South Gilbert Court, Iowa City.
These offices are exempt from the reporting requirements set forth below in II-14.5e. In addition, staff in these offices and organizations generally have professional or legal
obligations to keep communications with their clients confidential. Faculty and staff in other University offices typically do not have confidentiality obligations and may be
required to report allegations as described below in II-14.5e.

(Amended 5/15; 7/15)
a. A complaint may be brought informally to any academic or administrative officer of the University (as defined above in II-14.2g(1)). If the complaint alleges harassment based on
a protected classification as defined by II-3 Human Rights (race, creed, color, religion, national origin, age, sex, pregnancy, disability, genetic information, status as a U.S.
veteran, service in the U.S. military, sexual orientation, gender identity, associational preferences, or any other classification that deprives the person of consideration as an
individual), the complaint should be brought to the Office of Equal Opportunity and Diversity (319-335-0705).
(1) counsel the complainant as to the options available under this policy and, at the complainant's request, will help the complainant resolve the complaint informally
and/or refer the complainant to the appropriate office as described below in II-14.6a so that the complainant may bring a formal complaint; and
(2) take appropriate interim action, which may include those actions described below in II-14.10, to address the alleged behavior and protect the health or safety of the
alleged victim, complainant, and/or witnesses.
(1) The Office of Equal Opportunity and Diversity will assist in determining whether there is a potential policy violation related to a protected classification, and whether
reporting pursuant to paragraph e below is required.
(2) The Threat Assessment Team is available to assist with assessing situations and risk, planning the actions needed, and carrying out those actions. This team may
be accessed by contacting Organizational Effectiveness, 121-50 University Services Building. (See also VI-32 University of Iowa Threat Assessment

Program or http://hr.uiowa.edu/tat.)
d. Substantial weight will be given to the wishes of the alleged victim when determining how to respond to a complaint. When a complaint is brought informally, the person(s)
charged in the complaint will not ordinarily be informed of the complaint without the consent of the alleged victim unless circumstances require (such as when there are multiple
complaints against the same person or allegations are particularly egregious). No disciplinary action can be taken against a person, and there will be no record of the allegations
in the person's employment or student disciplinary file, unless the person is notified of the allegations and given an opportunity to respond.
e. Any academic or administrative officer of the University who becomes aware of specific and credible allegations of harassment based on a protected classification (race, creed,
color, religion, national origin, age, sex, pregnancy, disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity,
associational preferences, or any other classification that deprives the person of consideration as an individual), whether through the report of a complainant (including a third
party) or otherwise, shall report the allegations promptly to the Office of Equal Opportunity and Diversity for assistance in evaluating the situation and determining an appropriate
If there is a supervisory relationship between the complainant and/or victim and the respondent, the appropriate course of action will include development of a plan to avoid any
perceived or actual conflict of interest until the complaint is resolved.
The initial report may be verbal, but a written report also must be made after the complaint is resolved using the Office of Equal Opportunity and Diversity Informal Harassment
Complaint Resolution form, which requires disclosure of the employment or student status of the alleged victim(s), the complainant(s) (if other than the alleged victim), and the
person(s) charged; the department(s) with which those persons are affiliated; a summary of the allegations; and a description of the steps taken to resolve the complaint.
If the person alleged to have engaged in harassment was notified of the existence of the informal complaint and given an opportunity to respond, the names of the parties must
be provided to the Office of Equal Opportunity and Diversity. If the person was not informed of the allegations or was not given an opportunity to respond, then the names of the
parties shall not be provided to the Office of Equal Opportunity and Diversity.
f. Reasonable efforts will be made to process complaints within 21 days, giving consideration to the nature of the allegations and the circumstances surrounding the complaint
process.
g. It is the responsibility of the academic or administrative officer who facilitates the informal resolution of the complaint to monitor compliance with the terms of the informal
resolution. Sanctions up to and including termination of employment or separation from the University may be imposed in the event that an individual fails to comply with the
terms of the informal resolution.

(Amended 5/15; 7/15)
a. A formal complaint pursuant to this policy must be brought to one of the following offices for investigation depending upon the status of the respondent and the nature of the
allegations:
(1) Protected class harassment. If the complaint alleges harassment based on a classification covered by II-3 Human Rights (race, creed, color, religion, national origin,
age, sex, pregnancy, disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity, associational preferences,
or any other classification that deprives the person of consideration as an individual), a formal complaint should be brought to the Office of Equal Opportunity and
Diversity (202 Jessup Hall, 319-335-0705) regardless of the status of the respondent.
(2) Other harassment. If the complaint alleges harassment that is not based on a classification covered by II-3 Human Rights (race, creed, color, religion, national
origin, age, sex, pregnancy, disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity, associational
preferences, or any other classification that deprives the person of consideration as an individual), a person should bring a formal complaint to one of the following
(a) Faculty or instructor. If the respondent is a faculty member, teaching assistant, or other instructor, a formal complaint should be brought to the respondent's
collegiate dean or to the Office of the Provost (111 Jessup Hall, 319-335-3565);
(b) Staff member. If the respondent is a staff member (organized or non-organized professional and scientific, organized or non-organized merit staff), a
formal complaint should be brought to the Senior Human Resources Leadership Representative for the unit employing the respondent;
(c) Student. If the respondent is a student, a formal complaint should be brought to the Dean of Students (135 Iowa Memorial Union, 319-335-1162) or the
Dean of the Graduate College (201 Gilmore Hall, 319-335-2143).
b. A formal complaint may be brought after an informal resolution was not successfully reached, or may be brought immediately without pursuing informal resolution.
c. The purpose of the investigation is to establish whether there is a reasonable basis for believing that a violation of this policy has occurred. In conducting the investigation, the
investigating office will make reasonable efforts to interview the alleged victim, the complainant (if other than the alleged victim), and the respondent, and may interview other
persons believed to have pertinent factual knowledge, as well as review any relevant documentary evidence. At all times, the investigating office will take steps to ensure
d. When a formal complaint is brought, the respondent will be informed of the allegations, the identity of the complainant, and the facts surrounding the allegations. The
investigation will afford the respondent an opportunity to respond to the allegations and evidence provided by the complainant and/or alleged victim, and to provide a statement
of the facts as perceived by the respondent.
e. At the conclusion of the investigation, the investigating office will issue a written finding which will summarize the evidence gathered and state whether or not there is a
reasonable basis for believing that a violation of this policy has occurred. The written finding will normally be issued within 45 days of when the complaint was filed. When it is
not reasonably possible to issue the finding within 45 days, the investigating office will notify the alleged victim and the respondent that the finding will be delayed and indicate
the reasons for the delay. The alleged victim and the respondent will receive a copy of the written finding, which is to remain confidential as defined below by II-14.12c.
Third-party complainants will be notified only that the proceedings are concluded.
f. If the investigating office finds a reasonable basis for believing that a violation of this policy has occurred, the matter will be referred to the appropriate administrator for further
consideration as outlined in II-14.7 below.

14.7 Process for Formal Disciplinary Action

(Amended 7/15)
determine whether ramifications apply for the student's academic progress);
c. Violations of this Anti-Harassment Policy may lead to disciplinary sanctions up to and including termination or separation from the University. Sanctions for violations of this
policy should be commensurate with the nature of the violation and the respondent's disciplinary history.
d. In addition to other disciplinary action, persons who are found to have violated this policy may be required to participate in policy and behavioral expectations education. They
also may be required to complete community service, enroll in a specific academic course, attend an educational workshop, and/or make restitution for economic damages
caused by their behavior.
When the respondent is a faculty or staff member, the Employee Assistance Program, 121-50 University Service Building, is available to assist with locating appropriate
resources. When the respondent is a student, University Counseling Service, 3223 Westlawn, is available to assist with locating appropriate resources.
e. It is the responsibility of the appropriate administrator to follow-up with the parties at a reasonable interval(s) to assess their compliance with the disciplinary and/or remedial
sanctions imposed. More serious sanctions, up to and including termination of employment or separation from the University, may be imposed in the event that the individual

a. faculty members will be governed by the Faculty Dispute Procedures (III-29) and that portion of those procedures dealing with faculty ethics (III-29.7).
b. staff members will be governed by applicable University policies, including III-16 Ethics and Responsibility Statement for Staff and the applicable discipline and/or grievance
procedures (III-28 Conflict Management Resources for University Staff and/or relevant collective bargaining agreement);
c. graduate assistants, when dismissal is sought, will be governed by the procedure for dismissal of graduate assistants (III-12.4). When disciplinary action other than dismissal is
taken by the dean of the employing college, a graduate assistant may appeal through any existing contractual grievance procedures;

This section addresses isolated behavior that does not rise to the level of a violation of this policy. However, it should be understood that a single incident can under certain
circumstances constitute harassment in violation of this policy. The purpose of this section is preventative, in that it authorizes and encourages appropriate intervention designed to avoid
a violation of this policy. However, this section shall not apply to constitutionally protected speech as provided in II-14.2c above.
a. Isolated behavior of the kind described in II-14.2, which does not rise to the level of harassment but which if repeated could rise to that level, demonstrates insensitivity that may
warrant remedial measures. Academic or administrative officers who become aware of such behavior in their areas should counsel those who have engaged in the behavior.
Such counsel should include a clear statement that the behavior is not acceptable and should cease, information about the potential consequences if such behavior persists,
and a recommendation, as appropriate, to undertake an educational program designed to help the person(s) understand the harm caused by the behavior.
b. After such counseling occurs, if a person continues to engage in the conduct described above in paragraph a, he or she may be deemed to have engaged in harassment.

a. Alleged victims will be informed of relevant procedural steps taken during the investigation and any interim protective measures taken. An alleged victim may be accompanied
by a victim advocate and other support persons during the investigation process if the alleged victim so desires.
b. Throughout the investigation and resolution of a complaint, steps will be taken to protect alleged victims, complainants, witnesses, and others from harm caused by continuation
of the alleged harassing behavior.
c. Retaliation against alleged victims, complainants, and/or witnesses who provide information during an investigation pursuant to this policy is prohibited by II-11 Anti-Retaliation.
d. Steps that may be taken to protect alleged victims, complainants, witnesses, and others from continued harassment and/or retaliation might include:
(1) lateral transfers of one or more of the parties in an employment setting and a comparable move if a classroom setting is involved, and
(2) arrangement that academic and/or employment evaluations concerning complainants or others be made by an appropriate individual other than the respondent.

e. Any retaliation against alleged victims, complainants or witnesses should be reported pursuant to the Anti-Retaliation Policy (II-11). Retaliation may result in disciplinary action
against the person committing the retaliatory act(s).
f. In extraordinary circumstances, the Provost, a dean, a DEO, or any vice president may, at any time during or after an investigation of allegations of harassment, suspend or
partially restrict from employment any employee accused of harassment if the Provost, dean, DEO, or vice president finds that it is reasonably certain that:
(2) serious and immediate harm will ensue if the person continues his or her employment. Similarly, if the respondent is a student, interim sanctions may be imposed
pursuant to Section 10 of the Student Judicial Procedure.

a. This policy shall not be used to bring knowingly false or malicious allegations of harassment. Making such allegations may subject the complaining party to remedial and/or
disciplinary action up to and including termination or separation from the University. Any such disciplinary action will be initiated by the appropriate administrator overseeing the
complainant(s).
confidentiality cannot be guaranteed in all cases, and legal obligations may require the University to take some action once it is made aware that harassment may be occurring,
even when the alleged victim is reluctant to proceed. Appropriate University officials will be consulted, including the Office of Equal Opportunity and Diversity when the complaint
alleges harassment based on a protected classification (see II-14.5e above), and information will be shared only with those individuals who need to know it to implement this
policy.
work or educational environment. However, the matter should not be discussed in the work or educational environment.
c. Dissemination of documents relating to complaints of harassment and/or to the investigation of such complaints, other than as necessary to pursue an appeal, grievance, or
other legal or administrative proceeding, is prohibited.
d. Failure to maintain confidentiality by a respondent may be considered to be a form of retaliation in violation of II-14.10c of this policy. Failure to maintain confidentiality by any
party (alleged victim, third-party complainant, or respondent) may result in disciplinary action.


(Amended 6/05; 12/05; 12/11; 8/13; 5/15; 7/15; 7/1/17)
14.1 Rationale
(Amended 7/15)
The purpose of this policy is to prevent harassment within The University of Iowa community and to provide a process for addressing all forms of harassment if and when it occurs. The
University of Iowa is committed to maintaining an environment that recognizes the inherent worth and dignity of every person, and that fosters tolerance, sensitivity, understanding, and
mutual respect. This commitment requires that the highest value be placed on the use of reason and that any harassment in the University community be renounced as repugnant and
inimical to its goals. Harassment destroys the mutual trust that binds members of the community in their pursuit of truth.
The University also is committed strongly to academic freedom and free speech. An educational institution has a duty to provide a forum in which free speech and differences of opinion
are actively encouraged and facilitated, and where opinions and deeply held beliefs are challenged and debated. Critical to this mission is providing a nondiscriminatory environment that
is conducive to learning. Respect for these rights requires that members of the University community tolerate expressions of opinion that differ from their own or that they may find
abhorrent.
This policy addresses harassment in all forms based on any classification covered by law and/or II-3 Human Rights (with the exception of sexual harassment, which is addressed in II-4
Sexual Harassment) and IV-2 Sexual Misconduct, Dating/Domestic Violence, or Stalking Involving Students, as well as harassment based on other factors as set forth in this policy.
14.2 Policy
(Amended 5/15; 7/15)
a. Definition of harassment as it relates to conduct. "Harassment" means intentional conduct directed toward an identifiable person or persons that is sufficiently severe, pervasive,
or persistent that it interferes with work, educational performance, on-campus living, or participation in a University activity on or off campus.
b. Definition of harassment as it relates to the content of speech. When an allegation of harassment rests upon the content of oral, written, or symbolic speech, it falls within this
definition only if 1) the content consists of those personally abusive epithets which are inherently likely to provoke a violent reaction, 2) the content is a serious expression of an
intent to commit an act of unlawful violence to a particular individual or group of individuals, or 3) the content is a threat to a person or group of persons with the intent of placing
the victim in fear of bodily harm or death. Conduct that constitutes a protected exercise of an individual's rights under the First Amendment to the United States Constitution (and
related principles of academic freedom) shall not be deemed a violation of this policy. Note: Sexual harassment is addressed by the University's Policy on Sexual Harassment
(II-4) and/or the University's Policy on Sexual Misconduct Involving Students (IV-2).
c. Evidence of harassment. Behavior that may constitute, or be evidence of, prohibited harassment includes, but is not limited to, the following:
(1) repeated contact with another in person, by telephone, in writing, or through electronic means (see also II-19 Acceptable Use of Information Technology
Resources), after the recipient has made clear that such contact is unwelcome.
(2) physical, visual, or verbal behavior directed toward another person or an identifiable group of persons that is intended to be or is reasonably likely to be interpreted
as threatening or intimidating. Behavior that constitutes speech is included within this section only to the extent to which it has a direct tendency to incite an immediate
violent reaction in a reasonable person or to place a reasonable person in fear of imminent physical harm.
(3) harassment proscribed by the Iowa Criminal Code, Chapter 708, including, for example, stalking, the placement of simulated explosives, ordering merchandise or
services with intent to annoy, or false reports to police.
(4) stalking as a course of conduct that is directed at a specific person that would cause a reasonable person to feel fear.
(5) domestic/dating violence which is coercive, abusive, and/or threatening behavior toward a current or former intimate or romantic partner.
d. Academic freedom. All proceedings under this section shall respect the principles of academic freedom stated in the Statement on Tenure and Academic Vitality at The
University of Iowa (III-10.1a(2)), which commits the University to the principle that "free inquiry and expression are essential to the maintenance of excellence."
e. Penalty enhancement. The University reserves the right to impose more severe sanctions on individuals whose actions in violation of this policy are motivated by the race,
creed, color, religion, national origin, age, sex, pregnancy, disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity,
or associational preferences of the victim.
f. In determining whether alleged conduct constitutes prohibited harassment, the investigator will consider all available information and will review the totality of circumstances,
including the context in which the alleged incident(s) occurred. Although repeated incidents generally create a stronger claim of harassment, a single serious incident can be
sufficient. Determinations will be made on a case-by-case basis.
(b) Faculty members with administrative responsibilities at the level of departmental executive officer (DEO) or above,
(c) Any staff member whose primary job responsibility is to provide advice regarding a student's academic pursuits or other University-related activities,
(d) A faculty member serving as departmental (or collegiate) director or coordinator of undergraduate or graduate studies, or as a director or coordinator of
any departmental, collegiate, or University off-campus academic program (including any study-abroad program),
(e) The President, Director of Equal Opportunity and Diversity, vice presidents (including assistant and associate vice presidents), and Provost (including
assistant and associate provosts), and those persons' designees,

Doyle Appx.
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525 STATE 772
(f) Directors and supervisors in an employment context, including faculty and staff who supervise student employees, in relation to matters involving the
employees they supervise (other than Department of Public Safety personnel when receiving criminal complaints or reports), and
(3) Complainant: the person who brings a complaint of violation of this policy, who could be an alleged victim, a third party, or an academic or administrative officer of
the University.
(4) Domestic/dating violence: any coercive, abusive, and/or threatening behavior toward a current or former intimate or romantic partner. These behaviors may
include, for example, physical, sexual, emotional, economic, or psychological actions or threats of actions that intimidate, manipulate, humiliate, isolate, frighten,
terrorize, coerce, threaten, or injure the victim/survivor.
(6) Human resources representative: the individual designated as a unit's departmental authority on human resource policies and procedures, and all central human
resources staff.
(7) Instructor: a person engaged in teaching students or in evaluation or supervision, direct or indirect, of a student's academic work.
(11) Specific and credible allegations: allegations that provide factual details such as, but not limited to, time, place, actions, participants, and witnesses. Allegations do
not necessarily have to be based on firsthand observation of events to be "specific and credible," but direct observation normally results in greater specificity and
credibility than indirect knowledge.
(a) Non-consensual communication including in-person communication, telephone calls, voice messages, text messages, email messages, social networking
site postings, instant messages, postings of pictures or information on websites, written letters, gifts, ordering goods or services, or any other communications
that are undesired and/or place another person in fear;
(b) Following, pursuing, waiting, or showing up uninvited at a workplace, place of residence, classroom, or other locations frequented by a complainant;
(c) Monitoring online activities, surveillance and other types of observation, whether by physical proximity or electronic means, attempts to gather information
about the complainant;
(e) Direct physical and/or verbal threats against a complainant or a complainant's loved ones, including animal abuse;
(f) Gathering of information about a complainant from family, friends, co-workers, and/or classmates;
(g) Manipulative and controlling behaviors such as threats to harm oneself, or threats to harm someone close to the complainant;
(h) Defamation or slander against the complainant, posting false information about the complainant and/or posing as the complainant to post to websites,
newsgroups, blogs, or other sites that allow public contributions, encouraging others to harass the complainant;
(i) Posing as someone other than oneself to initiate transactions, financial credit, loans, or other contractual agreements;
(13) Supervisor: a person who has authority either: 1) to undertake or recommend tangible employment decisions (those that significantly change an employee's
employment status, such as, but not limited to, hiring, firing, promoting, demoting, reviewing performance, reassigning, and compensation decisions) affecting an
employee, or 2) to direct the employee's daily work activities.

(Amended 7/15)
a. Acts by employees and students. The University's prohibition of harassment as defined by II-14.2 above applies to acts of faculty, other instructors, staff, or students occurring in
one or more of the following circumstances:
(2) at any location, including through electronic media such as email or social networking websites, and involving any University faculty, staff, or students, provided that:
(a) The incident occurs at a University-sponsored activity or during an event sponsored by an organization affiliated with the University, including a student
organization;
(d) The conduct has the purpose or reasonably foreseeable effect of substantially interfering with the work or educational performance of UI students, faculty,
or staff;
(e) The conduct creates an intimidating or hostile environment for anyone who is involved in or seeks to participate in University employment, education,
Doyle Appx.
66
526 STATE 773
on-campus living, or other University-sponsored activities; or
b. Acts by persons other than employees or students. The University will make reasonable efforts to address harassment of its faculty, other instructors, staff, or students by
persons participating in University-related programs or activities, conducting business with or visiting the University, even if such persons are not directly affiliated with the
University. Reports of harassment by visitors to campus and other persons not directly affiliated with the University should be made to an academic or administrative officer or
the Office of Equal Opportunity and Diversity (319-335-0705).

(Amended 7/15)
a. Individuals who believe they have experienced harassment are encouraged to report it, even if they are not certain whether a violation of this policy has occurred. Reports of
protected class harassment (see II-3 Human Rights) should be brought to the Office of Equal Opportunity and Diversity under this policy. Reports also may be directed
separately to other offices under applicable policies and procedures as follows:
(1) Complaints that a student violated the rights of any member of the University community may be investigated under a process initiated by the Dean of Students
(such as, but not limited to, the Code of Student Life;
(2) Complaints that a faculty member violated the rights of any member of the University community may be investigated under a process initiated by the Provost (such
as, but not limited to, III-15 Professional Ethics and Academic Responsibility);
(3) Complaints that a staff member violated the rights of any member of the University community may be investigated under a process initiated by the Senior Human
Resources Leadership Representative for the staff member's unit (such as, but not limited to, III-16 Ethics and Responsibilities for University of Iowa Staff). The Senior
Human Resources Leadership Representative may appoint a designee to conduct the investigation with the approval of University Human Resources and the Office of
Equal Opportunity and Diversity.
b. A complaint that this policy has been violated may be brought through informal or formal channels by any member of the University community, including a third party, or by the
University itself. A complaint must state specific and credible allegations of harassment to warrant an investigation. There is no time limit for bringing a complaint; however, it
may be difficult to substantiate the allegations if they are made after significant time has passed. Therefore, prompt reporting of complaints is strongly encouraged.
c. Substantial weight will be given to the wishes of the alleged victim when determining how to respond to a complaint. However, the University may investigate the allegations
even without the alleged victim's consent, if circumstances warrant (such as when there are multiple complaints of harassment involving the same person or allegations are
particularly egregious).
d. Anyone (victims or others) who wishes to consult with someone about a specific situation without making a complaint, or who wishes simply to learn more about enforcement of
this Anti-Harassment Policy may contact any of the following offices or organizations:
(1) Office of the Ombudsperson (for faculty, staff, or students), C108 Seashore Hall;
(4) Women's Resource and Action Center (for faculty, other instructors, staff, students, or visitors), Bowman House;
(5) Domestic Violence Intervention Program (certified victim advocates) (for faculty, other instructors, staff, students, or visitors), 1105 South Gilbert Court, Iowa City.
These offices are exempt from the reporting requirements set forth below in II-14.5e. In addition, staff in these offices and organizations generally have professional or legal
obligations to keep communications with their clients confidential. Faculty and staff in other University offices typically do not have confidentiality obligations and may be
required to report allegations as described below in II-14.5e.

(Amended 5/15; 7/15)
a. A complaint may be brought informally to any academic or administrative officer of the University (as defined above in II-14.2g(1)). If the complaint alleges harassment based on
a protected classification as defined by II-3 Human Rights (race, creed, color, religion, national origin, age, sex, pregnancy, disability, genetic information, status as a U.S.
veteran, service in the U.S. military, sexual orientation, gender identity, associational preferences, or any other classification that deprives the person of consideration as an
individual), the complaint should be brought to the Office of Equal Opportunity and Diversity (319-335-0705).
(1) counsel the complainant as to the options available under this policy and, at the complainant's request, will help the complainant resolve the complaint informally
and/or refer the complainant to the appropriate office as described below in II-14.6a so that the complainant may bring a formal complaint; and
(2) take appropriate interim action, which may include those actions described below in II-14.10, to address the alleged behavior and protect the health or safety of the
alleged victim, complainant, and/or witnesses.
(1) The Office of Equal Opportunity and Diversity will assist in determining whether there is a potential policy violation related to a protected classification, and whether
reporting pursuant to paragraph e below is required.
(2) The Threat Assessment Team is available to assist with assessing situations and risk, planning the actions needed, and carrying out those actions. This team may
be accessed by contacting Organizational Effectiveness, 121-50 University Services Building. (See also VI-32 University of Iowa Threat Assessment
Program or https://hr.uiowa.edu/tat.)
d. Substantial weight will be given to the wishes of the alleged victim when determining how to respond to a complaint. When a complaint is brought informally, the person(s)
charged in the complaint will not ordinarily be informed of the complaint without the consent of the alleged victim unless circumstances require (such as when there are multiple

Doyle Appx.
67
527 STATE 774
complaints against the same person or allegations are particularly egregious). No disciplinary action can be taken against a person, and there will be no record of the allegations
in the person's employment or student disciplinary file, unless the person is notified of the allegations and given an opportunity to respond.
e. Any academic or administrative officer of the University who becomes aware of specific and credible allegations of harassment based on a protected classification (race, creed,
color, religion, national origin, age, sex, pregnancy, disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity,
associational preferences, or any other classification that deprives the person of consideration as an individual), whether through the report of a complainant (including a third
party) or otherwise, shall report the allegations promptly to the Office of Equal Opportunity and Diversity for assistance in evaluating the situation and determining an appropriate
If there is a supervisory relationship between the complainant and/or victim and the respondent, the appropriate course of action will include development of a plan to avoid any
perceived or actual conflict of interest until the complaint is resolved.
The initial report may be verbal, but a written report also must be made after the complaint is resolved using the Office of Equal Opportunity and Diversity Informal Harassment
Complaint Resolution form, which requires disclosure of the employment or student status of the alleged victim(s), the complainant(s) (if other than the alleged victim), and the
person(s) charged; the department(s) with which those persons are affiliated; a summary of the allegations; and a description of the steps taken to resolve the complaint.
If the person alleged to have engaged in harassment was notified of the existence of the informal complaint and given an opportunity to respond, the names of the parties must
be provided to the Office of Equal Opportunity and Diversity. If the person was not informed of the allegations or was not given an opportunity to respond, then the names of the
parties shall not be provided to the Office of Equal Opportunity and Diversity.
f. Reasonable efforts will be made to process complaints within 21 days, giving consideration to the nature of the allegations and the circumstances surrounding the complaint
process.
g. It is the responsibility of the academic or administrative officer who facilitates the informal resolution of the complaint to monitor compliance with the terms of the informal
resolution. Sanctions up to and including termination of employment or separation from the University may be imposed in the event that an individual fails to comply with the
terms of the informal resolution.

(Amended 5/15; 7/15; 7/1/17)
a. A formal complaint pursuant to this policy must be brought to one of the following offices for investigation depending upon the status of the respondent and the nature of the
allegations:
(1) Protected class harassment. If the complaint alleges harassment based on a classification covered by II-3 Human Rights (race, creed, color, religion, national origin,
age, sex, pregnancy, disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity, associational preferences,
or any other classification that deprives the person of consideration as an individual), a formal complaint should be brought to the Office of Equal Opportunity and
Diversity (202 Jessup Hall, 319-335-0705) regardless of the status of the respondent.
(2) Other harassment. If the complaint alleges harassment that is not based on a classification covered by II-3 Human Rights (race, creed, color, religion, national
origin, age, sex, pregnancy, disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity, associational
preferences, or any other classification that deprives the person of consideration as an individual), a person should bring a formal complaint to one of the following
(a) Faculty or instructor. If the respondent is a faculty member, teaching assistant, or other instructor, a formal complaint should be brought to the respondent's
collegiate dean or to the Office of the Provost (111 Jessup Hall, 319-335-3565);
(b) Staff member. If the respondent is a staff member, a formal complaint should be brought to the Senior Human Resources Leadership Representative for
the unit employing the respondent;
(c) Student. If the respondent is a student, a formal complaint should be brought to the Dean of Students (135 Iowa Memorial Union, 319-335-1162) or the
Dean of the Graduate College (201 Gilmore Hall, 319-335-2143).
b. A formal complaint may be brought after an informal resolution was not successfully reached, or may be brought immediately without pursuing informal resolution.
c. The purpose of the investigation is to establish whether there is a reasonable basis for believing that a violation of this policy has occurred. In conducting the investigation, the
investigating office will make reasonable efforts to interview the alleged victim, the complainant (if other than the alleged victim), and the respondent, and may interview other
persons believed to have pertinent factual knowledge, as well as review any relevant documentary evidence. At all times, the investigating office will take steps to ensure
d. When a formal complaint is brought, the respondent will be informed of the allegations, the identity of the complainant, and the facts surrounding the allegations. The
investigation will afford the respondent an opportunity to respond to the allegations and evidence provided by the complainant and/or alleged victim, and to provide a statement
of the facts as perceived by the respondent.
e. At the conclusion of the investigation, the investigating office will issue a written finding which will summarize the evidence gathered and state whether or not there is a
reasonable basis for believing that a violation of this policy has occurred. The written finding will normally be issued within 45 days of when the complaint was filed. When it is
not reasonably possible to issue the finding within 45 days, the investigating office will notify the alleged victim and the respondent that the finding will be delayed and indicate
the reasons for the delay. The alleged victim and the respondent will receive a copy of the written finding, which is to remain confidential as defined below by II-14.12c.
Third-party complainants will be notified only that the proceedings are concluded.
f. If the investigating office finds a reasonable basis for believing that a violation of this policy has occurred, the matter will be referred to the appropriate administrator for further
consideration as outlined in II-14.7 below.

(Amended 7/15)
Doyle Appx.
68
528 STATE 775
determine whether ramifications apply for the student's academic progress);
c. Violations of this Anti-Harassment Policy may lead to disciplinary sanctions up to and including termination or separation from the University. Sanctions for violations of this
policy should be commensurate with the nature of the violation and the respondent's disciplinary history.
d. In addition to other disciplinary action, persons who are found to have violated this policy may be required to participate in policy and behavioral expectations education. They
also may be required to complete community service, enroll in a specific academic course, attend an educational workshop, and/or make restitution for economic damages
caused by their behavior.
When the respondent is a faculty or staff member, the Employee Assistance Program, 121-50 University Service Building, is available to assist with locating appropriate
resources. When the respondent is a student, University Counseling Service, 3223 Westlawn, is available to assist with locating appropriate resources.
e. It is the responsibility of the appropriate administrator to follow-up with the parties at a reasonable interval(s) to assess their compliance with the disciplinary and/or remedial
sanctions imposed. More serious sanctions, up to and including termination of employment or separation from the University, may be imposed in the event that the individual

(Amended 7/1/17)
a. faculty members will be governed by the Faculty Dispute Procedures (III-29) and that portion of those procedures dealing with faculty ethics (III-29.7).
b. staff members will be governed by applicable Regents Merit System Rules and University policies, including III-16 Ethics and Responsibility Statement for Staff, and the
applicable grievance procedures, including III-28 Conflict Management Resources for University Staff;
c. graduate assistants, when dismissal is sought, will be governed by the procedure for dismissal of graduate assistants (III-12.4). When disciplinary action other than dismissal is
taken by the dean of the employing college, a graduate assistant may appeal through those procedures established for graduate assistant employees;

This section addresses isolated behavior that does not rise to the level of a violation of this policy. However, it should be understood that a single incident can under certain
circumstances constitute harassment in violation of this policy. The purpose of this section is preventative, in that it authorizes and encourages appropriate intervention designed to avoid
a violation of this policy. However, this section shall not apply to constitutionally protected speech as provided in II-14.2c above.
a. Isolated behavior of the kind described in II-14.2, which does not rise to the level of harassment but which if repeated could rise to that level, demonstrates insensitivity that may
warrant remedial measures. Academic or administrative officers who become aware of such behavior in their areas should counsel those who have engaged in the behavior.
Such counsel should include a clear statement that the behavior is not acceptable and should cease, information about the potential consequences if such behavior persists,
and a recommendation, as appropriate, to undertake an educational program designed to help the person(s) understand the harm caused by the behavior.
b. After such counseling occurs, if a person continues to engage in the conduct described above in paragraph a, he or she may be deemed to have engaged in harassment.

a. Alleged victims will be informed of relevant procedural steps taken during the investigation and any interim protective measures taken. An alleged victim may be accompanied
by a victim advocate and other support persons during the investigation process if the alleged victim so desires.
b. Throughout the investigation and resolution of a complaint, steps will be taken to protect alleged victims, complainants, witnesses, and others from harm caused by continuation
of the alleged harassing behavior.
c. Retaliation against alleged victims, complainants, and/or witnesses who provide information during an investigation pursuant to this policy is prohibited by II-11 Anti-Retaliation.
d. Steps that may be taken to protect alleged victims, complainants, witnesses, and others from continued harassment and/or retaliation might include:
(1) lateral transfers of one or more of the parties in an employment setting and a comparable move if a classroom setting is involved, and
(2) arrangement that academic and/or employment evaluations concerning complainants or others be made by an appropriate individual other than the respondent.
e. Any retaliation against alleged victims, complainants or witnesses should be reported pursuant to the Anti-Retaliation Policy (II-11). Retaliation may result in disciplinary action
against the person committing the retaliatory act(s).
f. In extraordinary circumstances, the Provost, a dean, a DEO, or any vice president may, at any time during or after an investigation of allegations of harassment, suspend or
partially restrict from employment any employee accused of harassment if the Provost, dean, DEO, or vice president finds that it is reasonably certain that:

Doyle Appx.
69
529 STATE 776
(2) serious and immediate harm will ensue if the person continues his or her employment. Similarly, if the respondent is a student, interim sanctions may be imposed
pursuant to Section 10 of the Student Judicial Procedure.

a. This policy shall not be used to bring knowingly false or malicious allegations of harassment. Making such allegations may subject the complaining party to remedial and/or
disciplinary action up to and including termination or separation from the University. Any such disciplinary action will be initiated by the appropriate administrator overseeing the
complainant(s).
confidentiality cannot be guaranteed in all cases, and legal obligations may require the University to take some action once it is made aware that harassment may be occurring,
even when the alleged victim is reluctant to proceed. Appropriate University officials will be consulted, including the Office of Equal Opportunity and Diversity when the complaint
alleges harassment based on a protected classification (see II-14.5e above), and information will be shared only with those individuals who need to know it to implement this
policy.
work or educational environment. However, the matter should not be discussed in the work or educational environment.
c. Dissemination of documents relating to complaints of harassment and/or to the investigation of such complaints, other than as necessary to pursue an appeal, grievance, or
other legal or administrative proceeding, is prohibited.
d. Failure to maintain confidentiality by a respondent may be considered to be a form of retaliation in violation of II-14.10c of this policy. Failure to maintain confidentiality by any
party (alleged victim, third-party complainant, or respondent) may result in disciplinary action.
Doyle Appx.
70
530 STATE 777
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Operations Manual
Table of Contents What’s New Organization of Manual Policy Approval Contact Us
Home > II. Community Policies
Table of Contents Chapter 14 – Anti-Harassment

(Amended 6/05; 12/05; 12/11; 8/13; 5/15; 7/15; 7/1/17; 9/21/18)
I. Governance
Effective September 21, 2018, this policy has been revised. For individual changes, see the redlined version.
14.1 Rationale
III. Human Resources 14.2 Policy

IV. Students 14.4 Bringing a Complaint
V. Administrative,
Financial, and Facilities 14.6 Investigation of Formal Complaints
Policies 14.7 Process for Formal Disciplinary Action
VI. Services
Appendix: Organizational 14.10 Protection of Alleged Victims, Complainants, and Others

Charts 14.11 Protection of the Respondent
View full contents
14.13 Education
14.1 Rationale
(Amended 7/15)
process for addressing all forms of harassment if and when it occurs. The University of Iowa is committed to
placed on the use of reason and that any harassment in the University community be renounced as repugnant
and inimical to its goals. Harassment destroys the mutual trust that binds members of the community in their
pursuit of truth.
abhorrent.
Misconduct, Dating/Domestic Violence, or Stalking Involving Students, as well as harassment based on other
factors as set forth in this policy.
14.2 Policy
(Amended 5/15; 7/15; 9/21/18)
a. Definition of harassment. "Harassment" means intentional conduct, including speech, directed toward an
identifiable person or persons that is sufficiently severe, pervasive, or persistent that it interferes with work,
educational performance, on-campus living, or participation in a University activity on or off campus.
b. Conduct that constitutes a protected exercise of an individual's rights under the First Amendment to the
United States Constitution (and related principles of academic freedom) shall not be deemed a violation of
this policy. Note: Sexual harassment is addressed by the University's Policy on Sexual Harassment (II-4)
and/or the University's Policy on Sexual Misconduct Involving Students (IV-2).
c. Evidence of harassment. Behavior that may constitute, or be evidence of, prohibited harassment includes,
but is not limited to, the following:
(4) stalking as a course of conduct that is directed at a specific person that would cause a
reasonable person to feel fear.
(5) domestic/dating violence which is coercive, abusive, and/or threatening behavior toward a
current or former intimate or romantic partner.
of excellence."
whose actions in violation of this policy are motivated by the race, creed, color, religion, national origin,
age, sex, pregnancy, disability, genetic information, status as a U.S. veteran, service in the U.S. military,
sexual orientation, gender identity, or associational preferences of the victim.
f. In determining whether alleged conduct constitutes prohibited harassment, the investigator will consider all
available information and will review the totality of circumstances, including the context in which the

reports), and
(4) Domestic/dating violence: any coercive, abusive, and/or threatening behavior toward a current or
former intimate or romantic partner. These behaviors may include, for example, physical, sexual,
emotional, economic, or psychological actions or threats of actions that intimidate, manipulate,
humiliate, isolate, frighten, terrorize, coerce, threaten, or injure the victim/survivor.
teaching assistant.


on firsthand observation of events to be "specific and credible," but direct observation normally
(a) Non-consensual communication including in-person communication, telephone calls,

voice messages, text messages, email messages, social networking site postings, instant
messages, postings of pictures or information on websites, written letters, gifts, ordering
goods or services, or any other communications that are undesired and/or place another
person in fear;

classroom, or other locations frequented by a complainant;
physical proximity or electronic means, attempts to gather information about the complainant;
(e) Direct physical and/or verbal threats against a complainant or a complainant's loved ones,
including animal abuse;
(f) Gathering of information about a complainant from family, friends, co-workers, and/or
classmates;
someone close to the complainant;
(h) Defamation or slander against the complainant, posting false information about the
complainant and/or posing as the complainant to post to websites, newsgroups, blogs, or
other sites that allow public contributions, encouraging others to harass the complainant;
harassed. A third party does not need to be a member of the University community (i.e., a current
University faculty, staff, or student).

(Amended 7/15)
circumstances:
(2) at any location, including through electronic media such as email or social networking websites,

(b) The accused or the complainant was acting in an official capacity for the University during
the incident;
and security.
b. Acts by persons other than employees or students. The University will make reasonable efforts to address
harassment of its faculty, other instructors, staff, or students by persons participating in University-related
programs or activities, conducting business with or visiting the University, even if such persons are not
directly affiliated with the University. Reports of harassment by visitors to campus and other persons not
directly affiliated with the University should be made to an academic or administrative officer or the Office
of Equal Opportunity and Diversity (319-335-0705).

(Amended 7/15)
follows:
of Student Life;
(2) Complaints that a faculty member violated the rights of any member of the University community
may be investigated under a process initiated by the Provost (such as, but not limited to, III-
15 Professional Ethics and Academic Responsibility);
Responsibilities for University of Iowa Staff). The Senior Human Resources Leadership
Representative may appoint a designee to conduct the investigation with the approval of University
Human Resources and the Office of Equal Opportunity and Diversity.
b. A complaint that this policy has been violated may be brought through informal or formal channels by any
member of the University community, including a third party, or by the University itself. A complaint must
state specific and credible allegations of harassment to warrant an investigation. There is no time limit for
bringing a complaint; however, it may be difficult to substantiate the allegations if they are made after
c. Substantial weight will be given to the wishes of the alleged victim when determining how to respond to a
complaint. However, the University may investigate the allegations even without the alleged victim's
d. Anyone (victims or others) who wishes to consult with someone about a specific situation without making a
complaint, or who wishes simply to learn more about enforcement of this Anti-Harassment Policy may
contact any of the following offices or organizations:
(1) Office of the Ombudsperson (for faculty, staff, or students), 308 Jefferson Building;
(4) Women's Resource and Action Center (for faculty, other instructors, staff, students, or
visitors), Bowman House;
(5) Domestic Violence Intervention Program (certified victim advocates) (for faculty, other
instructors, staff, students, or visitors), 1105 South Gilbert Court, Iowa City.
These offices are exempt from the reporting requirements set forth below in II-14.5e. In addition, staff in
these offices and organizations generally have professional or legal obligations to keep communications
with their clients confidential. Faculty and staff in other University offices typically do not have
confidentiality obligations and may be required to report allegations as described below in II-14.5e.

(Amended 5/15; 7/15)
defined by II-3 Human Rights (race, creed, color, religion, national origin, age, sex, pregnancy, disability,
genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender
identity, associational preferences, or any other classification that deprives the person of consideration as
an individual), the complaint should be brought to the Office of Equal Opportunity and Diversity (319-335-
0705).
the appropriate office as described below in II-14.6a so that the complainant may bring a formal
complaint; and
and/or witnesses.
(2) The Threat Assessment Team is available to assist with assessing situations and risk, planning
the actions needed, and carrying out those actions. This team may be accessed by contacting
Organizational Effectiveness, 121-50 University Services Building. (See also VI-32 University of
Iowa Threat Assessment Program or https://hr.uiowa.edu/tat.)
d. Substantial weight will be given to the wishes of the alleged victim when determining how to respond to a
complaint. When a complaint is brought informally, the person(s) charged in the complaint will not
ordinarily be informed of the complaint without the consent of the alleged victim unless circumstances
require (such as when there are multiple complaints against the same person or allegations are
particularly egregious). No disciplinary action can be taken against a person, and there will be no record of
the allegations in the person's employment or student disciplinary file, unless the person is notified of the
allegations of harassment based on a protected classification (race, creed, color, religion, national origin,
sexual orientation, gender identity, associational preferences, or any other classification that deprives the
person of consideration as an individual), whether through the report of a complainant (including a third
party) or otherwise, shall report the allegations promptly to the Office of Equal Opportunity and Diversity
for assistance in evaluating the situation and determining an appropriate course of action, even if the
alleged victim has requested that no action be taken.
If there is a supervisory relationship between the complainant and/or victim and the respondent, the
appropriate course of action will include development of a plan to avoid any perceived or actual conflict of
interest until the complaint is resolved.
using the Office of Equal Opportunity and Diversity Informal Harassment Complaint Resolution form, which
requires disclosure of the employment or student status of the alleged victim(s), the complainant(s) (if
other than the alleged victim), and the person(s) charged; the department(s) with which those persons are
affiliated; a summary of the allegations; and a description of the steps taken to resolve the complaint.
If the person alleged to have engaged in harassment was notified of the existence of the informal
complaint and given an opportunity to respond, the names of the parties must be provided to the Office of
Equal Opportunity and Diversity. If the person was not informed of the allegations or was not given an
f. Reasonable efforts will be made to process complaints within 21 days, giving consideration to the nature of
the allegations and the circumstances surrounding the complaint process.
g. It is the responsibility of the academic or administrative officer who facilitates the informal resolution of the
complaint to monitor compliance with the terms of the informal resolution. Sanctions up to and including
termination of employment or separation from the University may be imposed in the event that an
individual fails to comply with the terms of the informal resolution.

(Amended 5/15; 7/15; 7/1/17; 9/18)
a. A formal complaint pursuant to this policy must be brought to one of the following offices for investigation
depending upon the status of the respondent and the nature of the allegations:
covered by II-3 Human Rights (race, creed, color, religion, national origin, age, sex, pregnancy,
disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual
orientation, gender identity, associational preferences, or any other classification that deprives the
person of consideration as an individual), a formal complaint should be brought to the Office of
Equal Opportunity and Diversity (202 Jessup Hall, 319-335-0705) regardless of the status of the
respondent.
person of consideration as an individual), a person should bring a formal complaint to one of the
following offices depending on the status of the respondent:
Office of the Provost (111 Jessup Hall, 319-335-3565);
(b) Staff member. If the respondent is a staff member, a formal complaint should be brought
to the Senior Human Resources Leadership Representative for the unit employing the
respondent;
(c) Student. If the respondent is a student, a formal complaint should be brought to the Dean
of Students (135 Iowa Memorial Union, 319-335-1162) or the Dean of the Graduate College
(201 Gilmore Hall, 319-335-2143).
reasonable efforts to interview the alleged victim, the complainant (if other than the alleged victim), and the
respondent, and may interview other persons believed to have pertinent factual knowledge, as well as
review any relevant documentary evidence. At all times, the investigating office will take steps to ensure
d. When a formal complaint is brought, the respondent will be informed of the allegations, the identity of the
complainant, and the facts surrounding the allegations. The investigation will afford the respondent an
opportunity to respond to the allegations and evidence provided by the complainant and/or alleged victim,
and to provide a statement of the facts as perceived by the respondent.
violation of this policy has occurred. The written finding will normally be issued within 60 days of when the
complaint was filed. When it is not reasonably possible to issue the finding within 60 days, the
investigating office will notify the alleged victim and the respondent that the finding will be delayed and
indicate the reasons for the delay. The alleged victim and the respondent will receive a copy of the written
finding, which is to remain confidential as defined below by II-14.12c. Third-party complainants will be
notified only that the proceedings are concluded.
f. If the investigating office finds a reasonable basis for believing that a violation of this policy has occurred,
the matter will be referred to the appropriate administrator for further consideration as outlined in II-14.7
below.

(Amended 7/15)
apply for the student's academic progress);
c. Violations of this Anti-Harassment Policy may lead to disciplinary sanctions up to and including termination
or separation from the University. Sanctions for violations of this policy should be commensurate with the
nature of the violation and the respondent's disciplinary history.
d. In addition to other disciplinary action, persons who are found to have violated this policy may be required
to participate in policy and behavioral expectations education. They also may be required to complete
community service, enroll in a specific academic course, attend an educational workshop, and/or make
restitution for economic damages caused by their behavior.
When the respondent is a faculty or staff member, the Employee Assistance Program, 121-50 University
Service Building, is available to assist with locating appropriate resources. When the respondent is a
student, University Counseling Service, 3223 Westlawn, is available to assist with locating appropriate
resources.

(Amended 7/1/17; 9/18)
a. tenure track, clinical track, and research track faculty members will be governed by the Faculty Dispute
Procedures (III-29) and that portion of those procedures dealing with faculty ethics (III-29.7); instructional
track faculty members will be governed by III-10.11 Instructional Track policy and the grievance
procedures therein.
b. staff members will be governed by applicable Regents Merit System Rules and University policies,
including III-16 Ethics and Responsibility Statement for Staff, and the applicable grievance procedures,
including III-28 Conflict Management Resources for University Staff;
c. graduate assistants, when dismissal is sought, will be governed by the procedure for dismissal of graduate
assistants (III-12.4). When disciplinary action other than dismissal is taken by the dean of the employing
college, a graduate assistant may appeal through those procedures established for graduate assistant
employees;

(Amended 9/18)
should be understood that isolated behavior that is sufficiently severe can constitute harassment in violation of
a. Isolated behavior of the kind described in II-14.2, which does not rise to the level of harassment but which
if repeated could rise to that level, demonstrates insensitivity that may warrant remedial measures.
those who have engaged in the behavior. Such counsel should include a clear statement that the behavior
is not acceptable and should cease, information about the potential consequences if such behavior
persists, and a recommendation, as appropriate, to undertake an educational program designed to help
the person(s) understand the harm caused by the behavior.
b. After such counseling occurs, if a person continues to engage in the conduct described above in
paragraph a, they may be deemed to have engaged in harassment.

a. Alleged victims will be informed of relevant procedural steps taken during the investigation and any interim
protective measures taken. An alleged victim may be accompanied by a victim advocate and other support
persons during the investigation process if the alleged victim so desires.
b. Throughout the investigation and resolution of a complaint, steps will be taken to protect alleged victims,
complainants, witnesses, and others from harm caused by continuation of the alleged harassing behavior.
c. Retaliation against alleged victims, complainants, and/or witnesses who provide information during an
investigation pursuant to this policy is prohibited by II-11 Anti-Retaliation. Reasonable action will be taken
to assure that alleged victims, complainants, and/or witnesses suffer no retaliation as a result of their
d. Steps that may be taken to protect alleged victims, complainants, witnesses, and others from continued
(1) lateral transfers of one or more of the parties in an employment setting and a comparable move
if a classroom setting is involved, and
(2) arrangement that academic and/or employment evaluations concerning complainants or others
be made by an appropriate individual other than the respondent.
e. Any retaliation against alleged victims, complainants or witnesses should be reported pursuant to the Anti-
Retaliation Policy (II-11). Retaliation may result in disciplinary action against the person committing the
retaliatory act(s).
f. In extraordinary circumstances, the Provost, a dean, a DEO, or any vice president may, at any time during
or after an investigation of allegations of harassment, suspend or partially restrict from employment any
employee accused of harassment if the Provost, dean, DEO, or vice president finds that it is reasonably
certain that:
(2) serious and immediate harm will ensue if the person continues their employment. Similarly, if the
respondent is a student, interim sanctions may be imposed pursuant to Section 10 of the Student
Judicial Procedure.

(Amended 9/18)
This policy shall not be used to bring knowingly false or malicious allegations of harassment. Making such
allegations may subject the complaining party to remedial and/or disciplinary action up to and including
termination or separation from the University. Any such disciplinary action will be initiated by the appropriate
administrator overseeing the complainant(s).
a. In order to empower community members to voice concerns and bring complaints, the confidentiality of all
parties will be protected to the greatest extent possible. However, confidentiality cannot be guaranteed in
all cases, and legal obligations may require the University to take some action once it is made aware that
harassment may be occurring, even when the alleged victim is reluctant to proceed. Appropriate University
officials will be consulted, including the Office of Equal Opportunity and Diversity when the complaint
alleges harassment based on a protected classification (see II-14.5e above), and information will be
shared only with those individuals who need to know it to implement this policy.
b. Alleged victims, third-party complainants, and respondents are expected to maintain confidentiality as well.
They are not prohibited from discussing the situation outside of the work or educational environment.

d. Failure to maintain confidentiality by a respondent may be considered to be a form of retaliation in violation

of II-14.10c of this policy. Failure to maintain confidentiality by any party (alleged victim, third-party
complainant, or respondent) may result in disciplinary action.
14.13 Education
(9/18)
Training on this policy is included with the mandatory training prescribed in the University's Policy on Sexual
Harassment (see II-4.6a(2)).
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Operations Manual
What’s New Table of Contents Organization of Manual Policy Approval Contact Us
Table of Contents Chapter 14 – Anti-Harassment

(Amended 6/05; 12/05; 12/11; 8/13; 5/15; 7/15; 7/1/17; 9/21/18; 1/20; 3/20)
I. Governance
Effective January and March 2020, this policy has been revised. For individual changes, see the redlined version.
14.1 Rationale
III. Human Resources 14.2 Policy

IV. Students 14.4 Bringing a Complaint
V. Administrative,
Financial, and Facilities 14.6 Investigation of Formal Complaints
Policies 14.7 Process for Formal Disciplinary Action
VI. Services
Appendix: Organizational 14.10 Protection of Impacted Parties, Reporting Parties, and Others
Charts 14.11 Protection of the Responding Party
View full contents
14.13 Education
14.1 Rationale
(Amended 7/15)
process for addressing all forms of harassment if and when it occurs. The University of Iowa is committed to
placed on the use of reason and that any harassment in the University community be renounced as repugnant
and inimical to its goals. Harassment destroys the mutual trust that binds members of the community in their
pursuit of truth.
abhorrent.
Misconduct, Dating/Domestic Violence, or Stalking Involving Students, as well as harassment based on other
factors as set forth in this policy.
14.2 Policy
(Amended 5/15; 7/15; 9/21/18; 1/20)
Effective January 2020, this policy has been revised. For individual changes, see the redlined version.
identifiable person or persons that is sufficiently severe, pervasive, or persistent that it interferes with work,
educational performance, on-campus living, or participation in a University activity on or off campus.
b. Conduct that constitutes a protected exercise of an individual's rights under the First Amendment to the
United States Constitution (and related principles of academic freedom) shall not be deemed a violation of
this policy. Note: Sexual harassment is addressed by the University's Policy on Sexual Harassment (II-4)
and/or the University's Policy on Sexual Misconduct Involving Students (IV-2).
c. Evidence of harassment. Behavior that may constitute, or be evidence of, prohibited harassment includes,
but is not limited to, the following:
(4) stalking as a course of conduct that is directed at a specific person that would cause a
reasonable person to feel fear.
(5) domestic/dating violence which is coercive, abusive, and/or threatening behavior toward a
current or former intimate or romantic partner.
of excellence."
whose actions in violation of this policy are motivated by the race, creed, color, religion, national origin,
sexual orientation, gender identity, or associational preferences of the impacted party.
f. In determining whether alleged conduct constitutes prohibited harassment, the investigator will consider all
available information and will review the totality of circumstances, including the context in which the

reports), and
(g) Human resource representatives (including all central University Human Resources staff).
(2) Allegations: to the extent possible, allegations of policy violations should provide factual details
such as, but not limited to, time, place, actions, participants, and witnesses. Allegations do not
necessarily have to be based on firsthand observation of events to be "specific and credible," but
direct observation normally results in greater specificity and credibility than indirect knowledge.
(3) Domestic/dating violence: any coercive, abusive, and/or threatening behavior toward a current or
former intimate or romantic partner. These behaviors may include, for example, physical, sexual,
emotional, economic, or psychological actions or threats of actions that intimidate, manipulate,
humiliate, isolate, frighten, terrorize, coerce, threaten, or injure the impacted party.
teaching assistant.
(6) Impacted party: a person who allegedly has been harassed.


(10) Reporting party: the person who brings a complaint of violation of this policy, who could be an
impacted party, a third-party reporter, or an academic or administrative officer of the University.
(11) Responding party: a person who has been accused of harassment.
(a) Non-consensual communication including in-person communication, telephone calls,

voice messages, text messages, email messages, social networking site postings, instant
messages, postings of pictures or information on websites, written letters, gifts, ordering
goods or services, or any other communications that are undesired and/or place another
person in fear;

classroom, or other locations frequented by an impacted party;
physical proximity or electronic means, attempts to gather information about an impacted
party;
(e) Direct physical and/or verbal threats against an impacted party or an impacted party's
loved ones, including animal abuse;
(f) Gathering of information about an impacted party from family, friends, co-workers, and/or
classmates;
someone close to the impacted party;
(h) Defamation or slander against the impacted party, posting false information about
the impacted party and/or posing as the impacted party to post to websites, newsgroups,
blogs, or other sites that allow public contributions, encouraging others to harass
the impacted party;
(j) Arranging to meet an impacted party under false pretenses.
(14) Third-party reporter: a person who brings a complaint alleging that someone else has been
harassed. A third-party reporter does not need to be a member of the University community (i.e., a
current University faculty, staff, or student).

(Amended 7/15; 1/20)
circumstances:
(2) at any location, including through electronic media such as email or social networking websites,

(b) The responding party or the impacted party was acting in an official capacity for the
University during the incident;
(c) The responding party or the impacted party was conducting University business during the
incident;
and security.
programs or activities, conducting business with or visiting the University, even if such persons are not
directly affiliated with the University. Reports of harassment by visitors to campus and other persons not
directly affiliated with the University should be made to an academic or administrative officer or the Office
of Equal Opportunity and Diversity (319-335-0705).

(Amended 7/15; 1/20)
follows:
of Student Life;
(2) Complaints that a faculty member violated the rights of any member of the University community
may be investigated under a process initiated by the Provost (such as, but not limited to, III-
15 Professional Ethics and Academic Responsibility);
Responsibilities for University of Iowa Staff). The Senior Human Resources Leadership
Representative may appoint a designee to conduct the investigation with the approval of University
Human Resources and the Office of Equal Opportunity and Diversity.
member of the University community, including a third-party reporter, or by the University itself. A complaint
must clearly state the allegations of harassment to warrant an investigation. There is no time limit for
bringing a complaint; however, it may be difficult to substantiate the allegations if they are made after
c. Substantial weight will be given to the wishes of the impacted party when determining how to respond to a
complaint. However, the University may investigate the allegations even without the impacted party's
d. Anyone (impacted parties or others) who wishes to consult with someone about a specific situation without
making a complaint, or who wishes simply to learn more about enforcement of this Anti-Harassment Policy
may contact any of the following offices or organizations: These offices are exempt from the reporting
requirements set forth below in II-14.5e. In addition, staff in these offices and organizations generally have
professional or legal obligations to keep communications with their clients confidential. Faculty and staff in
other University offices typically do not have confidentiality obligations and may be required to report
allegations as described below in II-14.5e.
(4) Women's Resource and Action Center (for faculty, other instructors, staff, students, or
visitors), Bowman House;
(5) Domestic Violence Intervention Program (certified advocates) (for faculty, other instructors, staff,
students, or visitors), 1105 South Gilbert Court, Iowa City.

(Amended 5/15; 7/15; 1/20)
defined by II-3 Human Rights (race, creed, color, religion, national origin, age, sex, pregnancy, disability,
genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender
identity, associational preferences, or any other classification that deprives the person of consideration as
an individual), the complaint should be brought to the Office of Equal Opportunity and Diversity (319-335-
0705).
(1) counsel the impacted or reporting party as to the options available under this policy and, at the
impacted party's request, will help the impacted party resolve the complaint informally and/or refer
the impacted party to the appropriate office as described below in II-14.6a so that the impacted
party may bring a formal complaint; and
address the alleged behavior and protect the health or safety of the impacted party, reporting party,
and/or witnesses.
(2) The Threat Assessment Team is available to assist with assessing situations and risk, planning
the actions needed, and carrying out those actions. This team may be accessed by contacting
Organizational Effectiveness, 121-50 University Services Building. (See also VI-32 University of
Iowa Threat Assessment Program or https://hr.uiowa.edu/tat.)
d. Substantial weight will be given to the wishes of the impacted party when determining how to respond to a
complaint. When a complaint is brought informally, the person(s) charged in the complaint will not
ordinarily be informed of the complaint without the consent of the impacted party unless circumstances
require (such as when there are multiple complaints against the same person or allegations are
particularly egregious). No disciplinary action can be taken against a person, and there will be no record of
the allegations in the person's employment or student disciplinary file, unless the person is notified of the
allegations of harassment based on a protected classification (race, creed, color, religion, national origin,
sexual orientation, gender identity, associational preferences, or any other classification that deprives the
person of consideration as an individual), whether through the report of an impacted or a reporting
party (including a third-party reporter) or otherwise, shall report the allegations promptly to the Office of
Equal Opportunity and Diversity for assistance in evaluating the situation and determining an appropriate
course of action, even if the impacted party has requested that no action be taken.
If there is a supervisory relationship between the reporting party and/or impacted party and the responding
party, the appropriate course of action will include development of a plan to avoid any perceived or actual
conflict of interest until the complaint is resolved.
using the Office of Equal Opportunity and Diversity Informal Harassment Complaint Resolution form, which
requires disclosure of the employment or student status of the impacted party(ies), the reporting party(ies)
(if other than the impacted party), and the person(s) charged; the department(s) with which those persons
are affiliated; a summary of the allegations; and a description of the steps taken to resolve the complaint.
If the person alleged to have engaged in harassment was notified of the existence of the informal
complaint and given an opportunity to respond, the names of the parties must be provided to the Office of
Equal Opportunity and Diversity. If the person was not informed of the allegations or was not given an
f. Reasonable efforts will be made to process complaints within 21 days, giving consideration to the nature of
the allegations and the circumstances surrounding the complaint process.
termination of employment or separation from the University may be imposed in the event that an
individual fails to comply with the terms of the informal resolution.

(Amended 5/15; 7/15; 7/1/17; 9/18; 1/20)
depending upon the status of the responding party and the nature of the allegations:
person of consideration as an individual), a formal complaint should be brought to the Office of
Equal Opportunity and Diversity (202 Jessup Hall, 319-335-0705) regardless of the status of the
responding party.
person of consideration as an individual), a person should bring a formal complaint to one of the
following offices depending on the status of the responding party:
(a) Faculty or instructor. If the responding party is a faculty member, teaching assistant, or
other instructor, a formal complaint should be brought to the responding party's collegiate
dean or to the Office of the Provost (111 Jessup Hall, 319-335-3565);
(b) Staff member. If the responding party is a staff member, a formal complaint should be
brought to the Senior Human Resources Leadership Representative for the unit employing
the responding party;
(c) Student. If the responding party is a student, a formal complaint should be brought to the
Dean of Students (135 Iowa Memorial Union, 319-335-1162) or the Dean of the Graduate
College (201 Gilmore Hall, 319-335-2143).
reasonable efforts to interview the impacted party, the reporting party (if other than the impacted party),
and the responding party, and may interview other persons believed to have pertinent factual knowledge,
as well as review any relevant documentary evidence. At all times, the investigating office will take steps to
ensure confidentiality to the extent possible.
d. When a formal complaint is brought, the responding party will be informed of the allegations, the identity of
the impacted and/or reporting party, and the facts surrounding the allegations. The investigation will afford
the responding party an opportunity to respond to the allegations and evidence provided by the reporting
party and/or impacted party, and to provide a statement of the facts as perceived by the responding party.
violation of this policy has occurred. The written finding will normally be issued within 60 days of when the
complaint was filed. When it is not reasonably possible to issue the finding within 60 days, the
investigating office will notify the impacted party and the responding party that the finding will be delayed
and indicate the reasons for the delay. The impacted party and the responding party will receive a copy of
the written finding, which is to remain confidential as defined below by II-14.12c. Third-party reporters will
be notified only that the proceedings are concluded.
f. If the investigating office finds a reasonable basis for believing that a violation of this policy has occurred,
the matter will be referred to the appropriate administrator for further consideration as outlined in II-14.7
below.

(Amended 7/15; 1/20)
(1) the Office of the Provost, if the responding party is a faculty member or other instructional
personnel (except graduate assistants);
the responding party is a staff member (including a graduate assistant, in which case the Dean of
the Graduate College also must be notified in order to determine whether ramifications apply for the
(3) the Dean of Students, if the responding party is a student (including a graduate student, in which
case the Dean of the Graduate College also must be notified in order to determine whether
ramifications apply for the student's academic progress);
(3) reach a negotiated settlement of the complaint with the responding party; or
c. Violations of this Anti-Harassment Policy may lead to disciplinary sanctions up to and including termination
or separation from the University. Sanctions for violations of this policy should be commensurate with the
nature of the violation and the responding party's disciplinary history.
d. In addition to other disciplinary action, persons who are found to have violated this policy may be required
to participate in policy and behavioral expectations education. They also may be required to complete
community service, enroll in a specific academic course, attend an educational workshop, and/or make
restitution for economic damages caused by their behavior.
When the responding party is a faculty or staff member, the Employee Assistance Program, 121-50
University Service Building, is available to assist with locating appropriate resources. When the responding
party is a student, University Counseling Service, 3223 Westlawn, is available to assist with locating
appropriate resources.

(Amended 7/1/17; 9/18)
Procedures (III-29) and that portion of those procedures dealing with faculty ethics (III-29.7); instructional
track faculty members will be governed by III-10.11 Instructional Track policy and the grievance
procedures therein.
b. staff members will be governed by applicable Regents Merit System Rules and University policies,
including III-16 Ethics and Responsibility Statement for Staff, and the applicable grievance procedures,
including III-28 Conflict Management Resources for University Staff;
assistants (III-12.4). When disciplinary action other than dismissal is taken by the dean of the employing
college, a graduate assistant may appeal through those procedures established for graduate assistant
employees;
d. students will be governed by Student Misconduct Procedure.

(Amended 9/18)
should be understood that isolated behavior that is sufficiently severe can constitute harassment in violation of
a. Isolated behavior of the kind described in II-14.2, which does not rise to the level of harassment but which
if repeated could rise to that level, demonstrates insensitivity that may warrant remedial measures.
those who have engaged in the behavior. Such counsel should include a clear statement that the behavior
is not acceptable and should cease, information about the potential consequences if such behavior
persists, and a recommendation, as appropriate, to undertake an educational program designed to help
the person(s) understand the harm caused by the behavior.
b. After such counseling occurs, if a person continues to engage in the conduct described above in
paragraph a, they may be deemed to have engaged in harassment.
14.10 Protection of Impacted Parties, Reporting Parties, and Others

(Amended 1/20; 3/20)
a. Impacted parties will be informed of relevant procedural steps taken during the investigation and any
interim protective measures taken. An impacted party may be accompanied by an advocate and other
support persons during the investigation process if the impacted party so desires.
b. Throughout the investigation and resolution of a complaint, steps will be taken to protect impacted parties,
reporting parties, witnesses, and others from harm caused by continuation of the alleged harassing
behavior.
c. Retaliation against impacted parties, reporting parties, and/or witnesses who provide information during an
investigation pursuant to this policy is prohibited by II-11 Anti-Retaliation. Reasonable action will be taken
to assure that impacted parties, reporting parties, and/or witnesses suffer no retaliation as a result of their
d. Steps that may be taken to protect impacted parties, reporting parties, witnesses, and others from
continued harassment and/or retaliation might include:
(1) lateral transfers of one or more of the parties in an employment setting and a comparable move
if a classroom setting is involved, and
(2) arrangement that academic and/or employment evaluations concerning reporting parties or
others be made by an appropriate individual other than the responding party.
e. Any retaliation against impacted parties, reporting parties or witnesses should be reported pursuant to the
Anti-Retaliation Policy (II-11). Retaliation may result in disciplinary action against the person committing
the retaliatory act(s).
f. The Provost, a dean, a DEO, or any vice president may, at any time during or after an investigation of
allegations of harassment, place on leave or otherwise restrict from employment and/or access to
campus any responding party if the Provost, dean, DEO, or vice president finds that it is reasonably
certain that:
(2) serious and immediate harm will ensue if the person continues to be present at work. Similarly, if
the responding party is a student, interim sanctions may be imposed pursuant to Section 10 of
the Student Misconduct Procedure.
14.11 Protection of the Responding Party

(Amended 9/18; 1/20)
This policy shall not be used to bring knowingly false or malicious allegations of harassment. Making such
allegations may subject the complaining party to remedial and/or disciplinary action up to and including
termination or separation from the University. Any such disciplinary action will be initiated by the appropriate
administrator overseeing the reporting party(ies).
(Amended 1/20)
parties will be protected to the greatest extent possible. However, confidentiality cannot be guaranteed in
all cases, and legal obligations may require the University to take some action once it is made aware that
harassment may be occurring, even when the impacted party is reluctant to proceed. Appropriate
University officials will be consulted, including the Office of Equal Opportunity and Diversity when the
complaint alleges harassment based on a protected classification (see II-14.5e above), and information
will be shared only with those individuals who need to know it to implement this policy.
b. Impacted parties, third-party reporters, and responding parties are expected to maintain confidentiality as
well. They are not prohibited from discussing the situation outside of the work or educational environment.

d. Failure to maintain confidentiality by a responding party may be considered to be a form of retaliation in

violation of II-14.10c of this policy. Failure to maintain confidentiality by any party (impacted party, third-
party reporter, or responding party) may result in disciplinary action.
14.13 Education
(9/18)
Training on this policy is included with the mandatory training prescribed in the University's Policy on Sexual
Harassment (see II-4.6a(2)).
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Operations Manual
What’s New Table of Contents Organization of Manual Policy Approval Contact Us
Table of Contents View Edit Revisions Workflow
I. Governance
II. Community Policies (Amended 6/05; 12/05; 12/11; 8/13; 5/15; 7/15; 7/1/17; 9/21/18; 1/20; 3/20; 6/10/21)
Effective June 10, 2021, this policy has been revised. For individual changes, see the redlined versions of II-14.1 and II-
III. Human Resources
14.2. For revisions made in January and March 2020, see here.
IV. Students
14.1 Rationale
14.2 Policy
V. Administrative, Financial,
and Facilities Policies 14.3 Scope of Policy
VI. Services
Appendix: Organizational 14.6 Investigation of Formal Complaints

Charts 14.7 Process for Formal Disciplinary Action
View full contents
14.13 Education
14.1 Rationale
(Amended 7/15; 6/10/21)
Effective June 10, 2021, this policy has been revised. For individual changes, see the redlined version.
The purpose of this policy is to prevent harassment within The University of Iowa community and to provide a process
for addressing all forms of harassment if and when it occurs. The University of Iowa is committed to maintaining an
environment that recognizes the inherent worth and dignity of every person, and that fosters tolerance, sensitivity,
understanding, and mutual respect. This commitment requires that the highest value be placed on the use of reason and
that any harassment in the University community be renounced as repugnant and inimical to its goals. Harassment
destroys the mutual trust that binds members of the community in their pursuit of truth.
The University also is committed strongly to academic freedom and freedom of expression. In upholding these ideals,
the University will be guided by the following principles:
a. The primary function of the University of Iowa is the discovery, improvement, transmission, and dissemination of
knowledge by means of research, teaching, discussion, and debate. To fulfill this function, the University of Iowa
must strive to ensure the fullest degree of intellectual freedom and free expression allowed under the First
Amendment to the Constitution of the United States.
b. It is not the proper role of the University of Iowa to shield individuals from speech protected by the First
Amendment to the Constitution of the United States, which may include ideas and opinions an individual finds
unwelcome, disagreeable, or even offensive.
c. It is the proper role of the University of Iowa to encourage diversity of thoughts, ideas, and opinions and to
encourage, within the bounds of the First Amendment to the Constitution of the United States, the peaceful,
respectful, and safe exercise of First Amendment rights.
d. Faculty, staff, and students have the freedom to discuss any problem that presents itself, assemble, and engage in
spontaneous expressive activity on campus, within the bounds of established principles of the First Amendment
to the Constitution of the United States, and subject to reasonable time, place, and manner restrictions, as
defined in this Operations Manual, that are consistent with established First Amendment principles.
See also Free Speech at Iowa.
This policy addresses harassment in all forms based on any classification covered by law and/or II-3 Human Rights (with
the exception of sexual harassment, which is addressed in II-4 Interim Policy on Sexual Harassment and Sexual
Misconduct), as well as harassment based on other factors as set forth in this policy.
14.2 Policy
(Amended 5/15; 7/15; 9/21/18; 1/20; 6/10/21)
Effective June 10, 2021, this policy has been revised. For individual changes, see the redlined version. For January 2020
revisions, see here.
identifiable person or persons that
(1) threatens serious harm and is directed or likely directed to provoke imminent unlawful actions; or
(2) is sufficiently severe, pervasive, and subjectively and objectively offensive that it unreasonably
interferes with work or educational opportunities or benefits, including, without limitation, on-campus
living or participation in a University activity on or off campus
See Iowa Code 261H.3.5: "This chapter shall not be interpreted as preventing public institutions of higher
education from prohibiting, limiting, or restricting expression that the first amendment to the Constitution
of the United States does not protect, including but not limited to a threat of serious harm and expression
directed or likely directed to provoke imminent unlawful actions; or from prohibiting harassment,
including but not limited to expression which is so severe, pervasive, and subjectively and objectively
offensive that the expression unreasonably interferes with an individual’s access to educational
opportunities or benefits provided by a public institution of higher education."
b. Conduct that constitutes a protected exercise of an individual's rights under the First Amendment to the United
States Constitution (and related principles of academic freedom) shall not be deemed a violation of this policy.
Note: Sexual harassment is addressed by the University's Policy on Sexual Harassment (II-4) and/or the
University's Policy on Sexual Misconduct Involving Students (IV-2).
c. Evidence of harassment. Behavior that may constitute, or be evidence of, prohibited harassment includes, but is
not limited to, the following:
(1) repeated contact with another in person, by telephone, in writing, or through electronic means (see
also II-19 Acceptable Use of Information Technology Resources), after the recipient has made clear that
such contact is unwelcome.
(2) harassment proscribed by the Iowa Criminal Code, Chapter 708, including, for example, stalking, the
placement of simulated explosives, ordering merchandise or services with intent to annoy, or false reports
to police.
(3) stalking as a course of conduct that is directed at a specific person that would cause a reasonable
person to feel fear.
(4) domestic/dating violence which is coercive, abusive, and/or threatening behavior toward a current or
former intimate or romantic partner.
d. Penalty enhancement. The University reserves the right to impose more severe sanctions on individuals whose
actions in violation of this policy are motivated by the race, creed, color, religion, national origin, age, sex,
pregnancy, disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation,
gender identity, or associational preferences of the impacted party.
e. In determining whether alleged conduct constitutes prohibited harassment, the investigator will consider all
available information and will review the totality of circumstances, including the context in which the alleged
incident(s) occurred. Although repeated incidents generally create a stronger claim of harassment, a single
serious incident can be sufficient. Determinations will be made on a case-by-case basis.
f. Definitions of other terms used in this policy:
(c) Any staff member whose primary job responsibility is to provide advice regarding a student's
academic pursuits or other University-related activities,

undergraduate or graduate studies, or as a director or coordinator of any departmental, collegiate,
or University off-campus academic program (including any study-abroad program),
(e) The President, Director of Equal Opportunity and Diversity, vice presidents (including assistant
and associate vice presidents), and Provost (including assistant and associate provosts), and those
persons' designees,
(f) Directors and supervisors in an employment context, including faculty and staff who supervise
student employees, in relation to matters involving the employees they supervise (other than
Department of Public Safety personnel when receiving criminal complaints or reports), and
(g) Human resource representatives (including all central University Human Resources staff).
(2) Allegations: to the extent possible, allegations of policy violations should provide factual details such
as, but not limited to, time, place, actions, participants, and witnesses. Allegations do not necessarily have
to be based on firsthand observation of events to be "specific and credible," but direct observation
normally results in greater specificity and credibility than indirect knowledge.
(3) Graduate assistant: a graduate student employed by the University as a research assistant or teaching
assistan
(5) Impacted party: a person who allegedly has been harassed.
(6) Instructor: a person engaged in teaching students or in evaluation or supervision, direct or indirect, of a
student's academic work.

(9) Reporting party: the person who brings a complaint of violation of this policy, who could be an
impacted party, a third-party reporter, or an academic or administrative officer of the University.
(10) Responding party: a person who has been accused of harassment.
(11) Stalking:
(a) "Stalking" means engaging in a course of conduct directed at a specific person that would cause
a reasonable person to:
(i) Fear for their safety or the safety of others; or
(ii) Suffer substantial emotional distress.
(b) Examples of stalking include:
(i) Attempting to gather information about the target of unwelcome conduct; 
(ii) Vandalism, including attacks on data and equipment;
(iii) Direct physical and/or verbal threats against an impacted party or an impacted party's
loved ones, including animal abuse;
(iv) Gathering of information about an impacted party from family, friends, co-workers,
and/or classmates;
(v) Manipulative and controlling behaviors such as threats to harm oneself, or threats to
harm someone close to the impacted party;
(vi) Defamation or slander against the impacted party, posting false information about
the impacted party and/or posing as the impacted party to post to websites, newsgroups,
blogs, or other sites that allow public contributions, encouraging others to harass
the impacted party;
(vii) Posing as someone other than oneself to initiate transactions, financial credit, loans, or
(viii) Arranging to meet an impacted party under false pretenses.
(12) Supervisor: a person who has authority either: 1) to undertake or recommend tangible employment
decisions (those that significantly change an employee's employment status, such as, but not limited to,
hiring, firing, promoting, demoting, reviewing performance, reassigning, and compensation decisions)
(13) Third-party reporter: a person who brings a complaint alleging that someone else has been
harassed. A third-party reporter does not need to be a member of the University community (i.e., a current
University faculty, staff, or student).

(Amended 7/15; 1/20)
a. Acts by employees and students. The University's prohibition of harassment as defined by II-14.2 above applies to
acts of faculty, other instructors, staff, or students occurring in one or more of the following circumstances:
(2) at any location, including through electronic media such as email or social networking websites, and
involving any University faculty, staff, or students, provided that:

(b) The responding party or the impacted party was acting in an official capacity for the University
during the incident;
(c) The responding party or the impacted party was conducting University business during the
incident;
(d) The conduct has the purpose or reasonably foreseeable effect of substantially interfering with
the work or educational performance of UI students, faculty, or staff;
(e) The conduct creates an intimidating or hostile environment for anyone who is involved in or
seeks to participate in University employment, education, on-campus living, or other University-
sponsored activities; or
(f) The conduct demonstrates that the individual poses a reasonable threat to campus safety and
security.
programs or activities, conducting business with or visiting the University, even if such persons are not directly
affiliated with the University. Reports of harassment by visitors to campus and other persons not directly affiliated
with the University should be made to an academic or administrative officer or the Office of Equal Opportunity
and Diversity (319-335-0705).

(Amended 7/15; 1/20)
a. Individuals who believe they have experienced harassment are encouraged to report it, even if they are not
certain whether a violation of this policy has occurred. Reports of protected class harassment (see II-3 Human
Rights) should be brought to the Office of Equal Opportunity and Diversity under this policy. Reports also may be
directed separately to other offices under applicable policies and procedures as follows:
investigated under a process initiated by the Dean of Students (such as, but not limited to, the Code of
Student Life;
(2) Complaints that a faculty member violated the rights of any member of the University community may
be investigated under a process initiated by the Provost (such as, but not limited to, III-15 Professional
Ethics and Academic Responsibility);
(3) Complaints that a staff member violated the rights of any member of the University community may be
investigated under a process initiated by the Senior Human Resources Leadership Representative for the
staff member's unit (such as, but not limited to, III-16 Ethics and Responsibilities for University of Iowa
Staff). The Senior Human Resources Leadership Representative may appoint a designee to conduct the
investigation with the approval of University Human Resources and the Office of Equal Opportunity and
Diversity.
member of the University community, including a third-party reporter, or by the University itself. A complaint
must clearly state the allegations of harassment to warrant an investigation. There is no time limit for bringing a
complaint; however, it may be difficult to substantiate the allegations if they are made after significant time has
passed. Therefore, prompt reporting of complaints is strongly encouraged.
c. Substantial weight will be given to the wishes of the impacted party when determining how to respond to a
complaint. However, the University may investigate the allegations even without the impacted party's consent, if
circumstances warrant (such as when there are multiple complaints of harassment involving the same person or
allegations are particularly egregious).
d. Anyone (impacted parties or others) who wishes to consult with someone about a specific situation without
making a complaint, or who wishes simply to learn more about enforcement of this Anti-Harassment Policy may
contact any of the following offices or organizations: These offices are exempt from the reporting requirements
set forth below in II-14.5e. In addition, staff in these offices and organizations generally have professional or legal
obligations to keep communications with their clients confidential. Faculty and staff in other University offices
typically do not have confidentiality obligations and may be required to report allegations as described below in
II-14.5e.
(4) Women's Resource and Action Center (for faculty, other instructors, staff, students, or visitors), Bowman
House;
(5) Domestic Violence Intervention Program (certified advocates) (for faculty, other instructors, staff,
students, or visitors), 1105 South Gilbert Court, Iowa City.

(Amended 5/15; 7/15; 1/20)
a. A complaint may be brought informally to any academic or administrative officer of the University (as defined
above in II-14.2g(1)). If the complaint alleges harassment based on a protected classification as defined by II-3
Human Rights (race, creed, color, religion, national origin, age, sex, pregnancy, disability, genetic information,
status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity, associational preferences,
or any other classification that deprives the person of consideration as an individual), the complaint should be
brought to the Office of Equal Opportunity and Diversity (319-335-0705).
(1) counsel the impacted or reporting party as to the options available under this policy and, at the
impacted party's request, will help the impacted party resolve the complaint informally and/or refer the
impacted party to the appropriate office as described below in II-14.6a so that the impacted party may
bring a formal complaint; and
address the alleged behavior and protect the health or safety of the impacted party, reporting party,
and/or witnesses.
(1) The Office of Equal Opportunity and Diversity will assist in determining whether there is a potential
policy violation related to a protected classification, and whether reporting pursuant to paragraph e below
is required.
(2) The Threat Assessment Team is available to assist with assessing situations and risk, planning the
actions needed, and carrying out those actions. This team may be accessed by contacting Organizational
Effectiveness, 121-50 University Services Building. (See also VI-32 University of Iowa Threat Assessment
Program or https://hr.uiowa.edu/tat.)
d. Substantial weight will be given to the wishes of the impacted party when determining how to respond to a
complaint. When a complaint is brought informally, the person(s) charged in the complaint will not ordinarily be
informed of the complaint without the consent of the impacted party unless circumstances require (such as when
there are multiple complaints against the same person or allegations are particularly egregious). No disciplinary
action can be taken against a person, and there will be no record of the allegations in the person's employment or
student disciplinary file, unless the person is notified of the allegations and given an opportunity to respond.
e. Any academic or administrative officer of the University who becomes aware of specific and credible allegations
of harassment based on a protected classification (race, creed, color, religion, national origin, age, sex, pregnancy,
disability, genetic information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender
identity, associational preferences, or any other classification that deprives the person of consideration as an
individual), whether through the report of an impacted or a reporting party (including a third-party reporter) or
otherwise, shall report the allegations promptly to the Office of Equal Opportunity and Diversity for assistance in
evaluating the situation and determining an appropriate course of action, even if the impacted party has
requested that no action be taken.
If there is a supervisory relationship between the reporting party and/or impacted party and the responding
party, the appropriate course of action will include development of a plan to avoid any perceived or actual
conflict of interest until the complaint is resolved.
The initial report may be verbal, but a written report also must be made after the complaint is resolved using the
Office of Equal Opportunity and Diversity Informal Harassment Complaint Resolution form, which requires
disclosure of the employment or student status of the impacted party(ies), the reporting party(ies) (if other than
the impacted party), and the person(s) charged; the department(s) with which those persons are affiliated; a
summary of the allegations; and a description of the steps taken to resolve the complaint.
If the person alleged to have engaged in harassment was notified of the existence of the informal complaint and
given an opportunity to respond, the names of the parties must be provided to the Office of Equal Opportunity
and Diversity. If the person was not informed of the allegations or was not given an opportunity to respond, then
the names of the parties shall not be provided to the Office of Equal Opportunity and Diversity.
f. Reasonable efforts will be made to process complaints within 21 days, giving consideration to the nature of the
allegations and the circumstances surrounding the complaint process.
termination of employment or separation from the University may be imposed in the event that an individual fails
to comply with the terms of the informal resolution.

(Amended 5/15; 7/15; 7/1/17; 9/18; 1/20)
depending upon the status of the responding party and the nature of the allegations:
(1) Protected class harassment. If the complaint alleges harassment based on a classification covered by II-
3 Human Rights (race, creed, color, religion, national origin, age, sex, pregnancy, disability, genetic
information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity,
associational preferences, or any other classification that deprives the person of consideration as an
individual), a formal complaint should be brought to the Office of Equal Opportunity and Diversity (202
Jessup Hall, 319-335-0705) regardless of the status of the responding party.
(2) Other harassment. If the complaint alleges harassment that is not based on a classification covered
by II-3 Human Rights (race, creed, color, religion, national origin, age, sex, pregnancy, disability, genetic
information, status as a U.S. veteran, service in the U.S. military, sexual orientation, gender identity,
associational preferences, or any other classification that deprives the person of consideration as an
individual), a person should bring a formal complaint to one of the following offices depending on the
status of the responding party:
(a) Faculty or instructor. If the responding party is a faculty member, teaching assistant, or other
instructor, a formal complaint should be brought to the responding party's collegiate dean or to the
Office of the Provost (111 Jessup Hall, 319-335-3565);
(b) Staff member. If the responding party is a staff member, a formal complaint should be brought to
the Senior Human Resources Leadership Representative for the unit employing the responding
party;
(c) Student. If the responding party is a student, a formal complaint should be brought to the Dean
of Students (135 Iowa Memorial Union, 319-335-1162) or the Dean of the Graduate College (201
Gilmore Hall, 319-335-2143).
b. A formal complaint may be brought after an informal resolution was not successfully reached, or may be brought
immediately without pursuing informal resolution.
c. The purpose of the investigation is to establish whether there is a reasonable basis for believing that a violation of
this policy has occurred. In conducting the investigation, the investigating office will make reasonable efforts to
interview the impacted party, the reporting party (if other than the impacted party), and the responding party,
and may interview other persons believed to have pertinent factual knowledge, as well as review any relevant
documentary evidence. At all times, the investigating office will take steps to ensure confidentiality to the extent
possible.
d. When a formal complaint is brought, the responding party will be informed of the allegations, the identity of the
impacted and/or reporting party, and the facts surrounding the allegations. The investigation will afford the
responding party an opportunity to respond to the allegations and evidence provided by the reporting
party and/or impacted party, and to provide a statement of the facts as perceived by the responding party.
e. At the conclusion of the investigation, the investigating office will issue a written finding which will summarize the
evidence gathered and state whether or not there is a reasonable basis for believing that a violation of this policy
has occurred. The written finding will normally be issued within 60 days of when the complaint was filed. When it
is not reasonably possible to issue the finding within 60 days, the investigating office will notify the impacted
party and the responding party that the finding will be delayed and indicate the reasons for the delay. The
impacted party and the responding party will receive a copy of the written finding, which is to remain confidential
as defined below by II-14.12c. Third-party reporters will be notified only that the proceedings are concluded.
f. If the investigating office finds a reasonable basis for believing that a violation of this policy has occurred, the
matter will be referred to the appropriate administrator for further consideration as outlined in II-14.7 below.

(Amended 7/15; 1/20)
(1) the Office of the Provost, if the responding party is a faculty member or other instructional personnel
(2) the office of the vice president or dean responsible for the unit employing the person charged, if the
responding party is a staff member (including a graduate assistant, in which case the Dean of the Graduate
College also must be notified in order to determine whether ramifications apply for the student's academic
progress);
(3) the Dean of Students, if the responding party is a student (including a graduate student, in which case
the Dean of the Graduate College also must be notified in order to determine whether ramifications apply
for the student's academic progress);
(3) reach a negotiated settlement of the complaint with the responding party; or
c. Violations of this Anti-Harassment Policy may lead to disciplinary sanctions up to and including termination or
separation from the University. Sanctions for violations of this policy should be commensurate with the nature of
the violation and the responding party's disciplinary history.
d. In addition to other disciplinary action, persons who are found to have violated this policy may be required to
participate in policy and behavioral expectations education. They also may be required to complete community
service, enroll in a specific academic course, attend an educational workshop, and/or make restitution for
economic damages caused by their behavior.
When the responding party is a faculty or staff member, the Employee Assistance Program, 121-50 University
Service Building, is available to assist with locating appropriate resources. When the responding party is a
student, University Counseling Service, 3223 Westlawn, is available to assist with locating appropriate resources.
e. It is the responsibility of the appropriate administrator to follow-up with the parties at a reasonable interval(s) to
assess their compliance with the disciplinary and/or remedial sanctions imposed. More serious sanctions, up to
and including termination of employment or separation from the University, may be imposed in the event that
the individual fails to comply with the sanctions initially imposed.

(Amended 7/1/17; 9/18)
Procedures (III-29) and that portion of those procedures dealing with faculty ethics (III-29.7); instructional track
faculty members will be governed by III-10.11 Instructional Track policy and the grievance procedures therein.
b. staff members will be governed by applicable Regents Merit System Rules and University policies, including III-
16 Ethics and Responsibility Statement for Staff, and the applicable grievance procedures, including III-28
Conflict Management Resources for University Staff;
assistants (III-12.4). When disciplinary action other than dismissal is taken by the dean of the employing college, a
graduate assistant may appeal through those procedures established for graduate assistant employees;
d. students will be governed by Student Misconduct Procedure.

(Amended 9/18)
This section addresses isolated behavior that does not rise to the level of a violation of this policy. However, it should be
understood that isolated behavior that is sufficiently severe can constitute harassment in violation of this policy. The
purpose of this section is preventative, in that it authorizes and encourages appropriate intervention designed to avoid a
violation of this policy. However, this section shall not apply to constitutionally protected speech as provided in II-14.2c
above.
a. Isolated behavior of the kind described in II-14.2, which does not rise to the level of harassment but which if
repeated could rise to that level, demonstrates insensitivity that may warrant remedial measures. Academic or
administrative officers who become aware of such behavior in their areas should counsel those who have
engaged in the behavior. Such counsel should include a clear statement that the behavior is not acceptable and
should cease, information about the potential consequences if such behavior persists, and a recommendation, as
appropriate, to undertake an educational program designed to help the person(s) understand the harm caused
by the behavior.
b. After such counseling occurs, if a person continues to engage in the conduct described above in paragraph a, they
may be deemed to have engaged in harassment.

(Amended 1/20; 3/20)
a. Impacted parties will be informed of relevant procedural steps taken during the investigation and any interim
protective measures taken. An impacted party may be accompanied by an advocate and other support persons
during the investigation process if the impacted party so desires.
b. Throughout the investigation and resolution of a complaint, steps will be taken to protect impacted parties,
reporting parties, witnesses, and others from harm caused by continuation of the alleged harassing behavior.
c. Retaliation against impacted parties, reporting parties, and/or witnesses who provide information during an
investigation pursuant to this policy is prohibited by II-11 Anti-Retaliation. Reasonable action will be taken to
assure that impacted parties, reporting parties, and/or witnesses suffer no retaliation as a result of their activities
with regard to the process.
d. Steps that may be taken to protect impacted parties, reporting parties, witnesses, and others from continued
(1) lateral transfers of one or more of the parties in an employment setting and a comparable move if a
classroom setting is involved, and
(2) arrangement that academic and/or employment evaluations concerning reporting parties or others be
made by an appropriate individual other than the responding party.
e. Any retaliation against impacted parties, reporting parties or witnesses should be reported pursuant to the Anti-
Retaliation Policy (II-11). Retaliation may result in disciplinary action against the person committing the
retaliatory act(s).
f. The Provost, a dean, a DEO, or any vice president may, at any time during or after an investigation of allegations of
harassment, place on leave or otherwise restrict from employment and/or access to campus any responding
party if the Provost, dean, DEO, or vice president finds that it is reasonably certain that:
(2) serious and immediate harm will ensue if the person continues to be present at work. Similarly, if the
responding party is a student, interim sanctions may be imposed pursuant to Section 10 of the Student
Misconduct Procedure.

(Amended 9/18; 1/20)
This policy shall not be used to bring knowingly false or malicious allegations of harassment. Making such allegations
may subject the complaining party to remedial and/or disciplinary action up to and including termination or separation
from the University. Any such disciplinary action will be initiated by the appropriate administrator overseeing the
reporting party(ies).
(Amended 1/20)
parties will be protected to the greatest extent possible. However, confidentiality cannot be guaranteed in all
cases, and legal obligations may require the University to take some action once it is made aware that
harassment may be occurring, even when the impacted party is reluctant to proceed. Appropriate University
officials will be consulted, including the Office of Equal Opportunity and Diversity when the complaint alleges
harassment based on a protected classification (see II-14.5e above), and information will be shared only with
those individuals who need to know it to implement this policy.
b. Impacted parties, third-party reporters, and responding parties are expected to maintain confidentiality as well.
They are not prohibited from discussing the situation outside of the work or educational environment. However,
the matter should not be discussed in the work or educational environment.
c. Dissemination of documents relating to complaints of harassment and/or to the investigation of such complaints,
other than as necessary to pursue an appeal, grievance, or other legal or administrative proceeding, is prohibited.
d. Failure to maintain confidentiality by a responding party may be considered to be a form of retaliation in violation
of II-14.10c of this policy. Failure to maintain confidentiality by any party (impacted party, third-party reporter, or
responding party) may result in disciplinary action.
14.13 Education
(9/18)
Training on this policy is included with the mandatory training prescribed in the University's Interim Policy on Sexual
Harassment and Sexual Misconduct (see II-4.22b).

Chris Doyle Request For Summary Judgment

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Case 4:20-cv-00366-SMR-HCA Document 146-2 Filed 09/12/22 Page 1 of 533

IN THE UNITED STATES DISTRICT COURT

AKRUM WADLEY; JONATHAN PARKER; Case No. 4:20-cv-366

Cindy Seyfer, 07/27/2022 ............................................................................................................4

Darian Cooper Financial Aid documents .........................................................................7

Marcel Joly Financial Aid documents ........................................................................... 22

Aaron Mends Financial Aid documents ........................................................................ 40

Jonathan Parker Financial Aid documents ..................................................................... 59

Brandon Simon Financial Aid documents ..................................................................... 72

Akrum Wadley Financial Aid documents...................................................................... 80

Raimond Braithwaite, 07/29/2022 ............................................................................................. 93

James Frazier, 08/01/2022 ......................................................................................................... 97

Phil Parker, 08/01/2022 ............................................................................................................. 99

Joel Welsh, 08/08/2022.............................................................................................................. 103

Kammy Powell, 08/09/2022 ...................................................................................................... 107

Marshal Yanda, 08/09/2022 ....................................................................................................... 110

Jamie Wynn, 08/13/2022 .......................................................................................................... 113

Russell Haynes, 08/15/2022....................................................................................................... 115

Austin Kelly, 08/15/2022 ........................................................................................................... 117

Tristan Wirfs, 08/26/2022 .......................................................................................................... 120

Christopher Doyle, 09/08/2022.................................................................................................. 123

Aaron Mends, 03/22/2022 ......................................................................................................... 134

Darian Cooper, 03/23/2022........................................................................................................ 217

Jonathan Parker, 03/29/2022...................................................................................................... 255

Akrum Wadley, 05/18/2022....................................................................................................... 312

Marcel Joly, 05/19/2022 ............................................................................................................ 374

Brandon Simon, 06/02/2022 ...................................................................................................... 399

Javon Foy, 06/21/2022 ............................................................................................................... 425

Doyle-Mends text message forwarded to Kirk Ferentz, 06/14/2019 ......................................... 443

Resume Materials....................................................................................................................... 444

University of Iowa Human Rights Policies ............................................................................... 479

University of Iowa Nondiscrimination Policies......................................................................... 488

University of Iowa Complaints of Discrimination Policy ......................................................... 490

University of Iowa Anti-Harassment Policies ........................................................................... 491

/s/ Jeffrey S. Thompson ______

/s/ Jeffrey C. Peterzalek

U.S. Mail FAX

Signature: /s/ Audra Jobst

IN THE UNITED STATES DISTRICT COURT

AKRUM WADLEY; JONATHAN Case No. 4:20-cv-00366

Plaintiffs, AFFIDAVIT OF CINDY SEYFER

IN SUPPORT OF MOTION FOR

UNIVERSITY OF IOWA, BOARD OF

1. I am the Assistant Provost for Enrollment Management and Director of Financial

Aid at the University of Iowa.

3. The University oflowa provided athletic scholarships to Darian Cooper, Aaron

2016 are attached as State 781-795.

of 2018 are attached as State 853-871.

the financial aid promised under those financial aid contracts.

contracts issued to the six students identified above.

Affiant says nothing further.

Dated: July 21 , 2022

NOTARY PUBLIC, STATE OF IOWA

Print Date: 05/24/2021 Printed By: University of Iowa Page 1 of 1

IN THE UNITED STATES DISTRICT COURT

AKRUM WADLEY; JONATHAN Case No. 4:20-cv-366

I, Raimond Braithwaite, declare as follows:

I was named interim Director, and I became Director in March 2021.

before I got my own place.

when the players trained and practiced.

part of Chris Doyle or any other co-worker.

time I have served on the Iowa Football Program staff.

Doyle directed to or about Michael Ojemudia.