The university and athletic department handled Gibbons about as well as he handled this field goal. [Eric Upchurch]
The Daily has revealed that the sketchy way Brendan Gibbons exited the program—a "tweak" before the OSU game followed by barely-credible claims of "family issues"—was in fact a result of the university expelling him for the 2009 rape allegations that were exhumed earlier this year:
“You will be permanently separated from the University of Michigan effective December 20, 2013,” reads a Dec. 19, 2013 letter addressed to Gibbons at his Florida residence from the University’s Office of Student Conflict Resolution, which facilitates disciplinary proceedings against students. The Michigan Daily did not obtain these documents from the University.
In human language, "permanently separated" is expulsion. The OSCR took that action based on a preponderance of the evidence.
Why it took almost five years to reach this conclusion is unknown. The Daily suggests that revised policies from 2011 may have forced the University to re-evaluate, but policies from 2011 do not result in December 2013 expulsions. Given the timing here it's clear that the guy who dumped various court documents on the internet was the proximate cause. That is of course terribly embarrassing for the university, which was apparently fine with having a student they eventually concluded they were at least 50.1% sure raped a girl as long as no one was complaining about it.
Meanwhile, the athletic department's optics here are horrible. Having him on the team is not the issue, or if it is it's on Rodriguez's head. The incident was a year old and seemingly dead when Hoke came in; without the OSCR or other university body stepping in there would be no reason to reconsider Gibbons's status.
But once they knew things were coming to a head they could not have been dumber about this. Not content with offering up the generic and 100% true "violation of team rules" explanation—being enrolled at the university is kind of important if you're going to be on the team—they chose to cloak Gibbons's departure in a thin veneer of sympathy by claiming "family issues." That is a lie. Now they look horrible, and for something a bit more serious than having a noodle in the stadium.
Meanwhile, Hoke's explanation for Gibbons's unavailability for Ohio State is questionable at best. Was this "tweak" legitimate? Is it at all plausible that Gibbons was "iffy" for the bowl game on December 16th, three days before the very last gear of ponderous university justice ground to a halt?
"He's a little iffy," Hoke said. "He's kicking a little bit. But I don't want to over-kick him (in practice).
"I've never been a kicker, so I can't imagine that (muscle pull) problem. So, he's a little iffy."
There is absolutely no chance that Brady Hoke was not fully informed of the status of his kicker by this point. Dave Brandon did not call Brady up on the 19th and say "you're never going to believe this, but…" That's also a lie, and in the service of what cause again?
UPDATE: A user who used to work at the OSCR provides details on the process:
Having worked at the Office of Student Conflict Resolution (the "disciplinary" office that administered the expulsion proceedings against Gibbons) for two years in undergrad, I thought maybe I could offer some insight / clear up some confusion about the OSCR process in this thread.
OSCR is not, in any appreciable sense, an investigatory body. It is a passive office that acts only after receiving a complaint from some member of the University community. While any individual student, faculty, or staff member can file a complaint, the most common OSCR complainants by far are Residence Education (Housing) and DPS. In order to pursue a complaint with OSCR, the Complainant has to provide all the necessary evidentiary backing; again, OSCR does not investigate events on its own.
The process for initiating and pursuing a complaint with OSCR goes as follows:
An OSCR staff member conducts an intake meeting with the Complainant to discuss the nature of his/her/its complaint and inform the Complainant of the various resolution pathways available (in addition to formal arbitration, OSCR offers a number of alternative dispute resolution pathways that do not result in disciplinary action).
An OSCR staff member will then conduct an intake meeting with the Respondent to notify him of the complaint and inform him of his rights/options in the process.
At that point, the Respondent can either accept responsibility for the complaint or indicate that he's willing to proceed to a formal arbitration.
Assuming that the Complainant is also interested in pursuing a formal arbitration, OSCR will either appoint a trained member of the University staff to serve as the formal arbiter, or it will select a panel of student arbiters.
After hearing from both the Complainant and the Respondent, the arbiter or the student panel will reach a finding of "responsible" or "not responsible," and will then proceed to make a sanction recommendation.
Any recommendations for expulsion have to be approved by a member of the University administration. When I was there, I believe this was the responsibility of the VP for Student Affairs, E. Royster Harper.
As you can see, this is a multi-step process that requires several meetings and often many different witnesses, advisors, and arbiters. With that said, it is emphatically NOT a three- or four-year process. Given that all of the investigatory work is already completed before a complaint is filed, the formal arbitration process does not take very long at all. In my time at OSCR, I can't remember a single arbitration - including those involving sexual assault allegations - lasting more than a single semester, from initial complaint to final sanction.