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Report of Independent Investigation: Allegations of Sexual ...

Report of Independent Investigation: Allegations of Sexual misconduct Against Robert E. Anderson May 11, 2021 i TABLE OF CONTENTS Page Executive Summary ..1 I. The Independent Investigation ..8 A. Our Engagement ..8 B. Scope of Review and Methodology ..9 1. Patient Outreach ..9 2. University of Michigan Personnel Outreach ..10 3. Non-University Community Outreach ..12 4. Documentary Evidence ..12 C. Limitations ..13 D. Investigation II. Background: Robert E. Anderson ..17 A. Early Life and Career: 1928-1966 ..17 B. Initial Years at the University of Michigan: 1966-1981 ..19 1. UHS Generally ..19 2. Patient Population ..20 3. Responsibilities as a Clinical Instructor and Lecturer ..21 4. Resignation as UHS Director ..21 C. Continued Service in the Athletic Department: 1981-1999.

why sexual misconduct may go undetected for extended periods of time in institutional and medical settings. No restrictions were placed on our fact gathering, our analysis, or our independence. Although the University provided logistical support to our team when requested, we did our own work.

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1 Report of Independent Investigation: Allegations of Sexual misconduct Against Robert E. Anderson May 11, 2021 i TABLE OF CONTENTS Page Executive Summary ..1 I. The Independent Investigation ..8 A. Our Engagement ..8 B. Scope of Review and Methodology ..9 1. Patient Outreach ..9 2. University of Michigan Personnel Outreach ..10 3. Non-University Community Outreach ..12 4. Documentary Evidence ..12 C. Limitations ..13 D. Investigation II. Background: Robert E. Anderson ..17 A. Early Life and Career: 1928-1966 ..17 B. Initial Years at the University of Michigan: 1966-1981 ..19 1. UHS Generally ..19 2. Patient Population ..20 3. Responsibilities as a Clinical Instructor and Lecturer ..21 4. Resignation as UHS Director ..21 C. Continued Service in the Athletic Department: 1981-1999.

2 21 D. Practice at Michigan Medicine: 1995-2003 ..23 1. Acquisition of the Clark Road Practice ..23 2. Dr. Anderson s Michigan Medicine III. Dr. Anderson s misconduct ..24 A. Dr. Anderson Conducted Medically Unnecessary Examinations ..25 B. Dr. Anderson Repeatedly Performed Sensitive Examinations Inappropriately ..27 C. Dr. Anderson Engaged in Conduct that Fell Far Outside the Bounds of Appropriate Medical Practice ..29 IV. Awareness of Dr. Anderson s A. Tad DeLuca s 1975 Letter ..33 B. Reports to Thomas Easthope and Dr. Anderson s Resignation from UHS ..36 1. Jim Toy s Concerns Regarding Dr. Anderson ..37 2. Mr. Easthope s Confrontation with Dr. Anderson ..37 ii 3. Counseling Services Employees Report Dr. Anderson s misconduct ..38 4. Dr. Anderson s Resignation as UHS Director.

3 39 5. Dr. Anderson s Continued Practice at UHS ..41 6. Keith Moree Report ..42 C. Other Missed Opportunities ..46 1. Widespread Rumors Among Patients ..46 2. Awareness by Other University Employees ..47 3. Dr. Anderson s Disclosure of an Assault Lawsuit in 1996 ..55 V. The University s 2018-2020 Investigation into misconduct by Dr. Anderson ..57 A. OIE Received the 2018 and 2019 Complaints About Dr. Anderson in a Timely 1. Mr. DeLuca s 2018 Letter ..57 2. August 2019 Complaint ..58 B. OIE s Review of the 2018 and 2019 Complaints About Dr. Anderson Was Unreasonably Delayed ..58 1. OIE s Initial Review ..58 2. Law Enforcement Review ..59 3. OIE s Continued Review ..60 VI. Additional Considerations ..61 A. Dr. Anderson Engaged in misconduct with Patients Who Were Unlikely to Report Their Experiences.

4 61 B. The University s Sexual Harassment Policies and Procedures Were Inadequate ..63 VII. Recommendations ..64 A. Promote a Culture of Awareness and 1. Training Should Address the Different Ways misconduct Is Reported ..66 2. Training Should Address Athletic Department Culture Specifically ..66 3. Employees Need to Understand Their Reporting Obligations ..66 B. Implement Additional Resources and Training Regarding Sensitive C. Conduct Periodic Reviews of Departments and Units ..69 D. Improve Tracking of Self-Disclosures During the Credentialing Process ..69 E. Improve Communication About Sexual misconduct Investigations Between OIE, DPSS, and the Prosecutor s Office ..70 iii F. Ensure that OIE Has Sufficient Resources to Fulfill Its Mandate ..71 Conclusion ..71 Appendix A Glossary of Acronyms Appendix B Dr.

5 Margot Putukian s C urriculum V itae Appendix C Dr. E. Lee Rice s C urriculum V itae Appendix D Dr. William Roberts s C urriculum V itae Appendix E Dr. James DuBois s C urriculum V itae Appendix F Dr. Deborah Goldfarb s C urriculum V itae Executive Summary On July 18, 2018, Thomas Tad DeLuca1 sent a letter to University of Michigan Athletic Director Warde Manuel. In his letter, Mr. DeLuca, an alumnus of the University and a member of the wrestling team in the 1970s, described a series of interactions with a former University physician, Robert E. Anderson. Mr. DeLuca wrote that, beginning in 1972, he sought treatment from Dr. Anderson for cold sores on his face and that, during several visits, Dr. Anderson examined his penis, did a hernia check, and conducted a digital rectal examination without explaining why such examinations were necessary.

6 Mr. DeLuca also stated that he sought treatment from Dr. Anderson in 1974 for a dislocated elbow and that, once again, Dr. Anderson performed penis, hernia, and prostate examinations, all without any explanation or apparent justification. According to Mr. DeLuca, these types of examinations were standard operating procedure for Dr. Drop Your Drawers Anderson. Dr. Anderson worked in various capacities at the University between 1966 and 2003. He died in 2008. On July 26, 2018, Mr. DeLuca s letter was forwarded to the University s Office for Institutional Equity ( OIE ),2 which is responsible for investigating Title IX complaints and other reports of Sexual misconduct . Pamela Heatlie, who was then the Director of OIE, contacted Mr. DeLuca on August 6 and met with him later that month.

7 On October 1, 2018, Ms. Heatlie referred the matter to the University s Division of Public Safety and Security ( DPSS ). DPSS assigned the matter to Detective Mark West. On October 3, DPSS instituted a law enforcement hold, which froze OIE s review while Detective West investigated whether any crime may have been committed. Over the next several months, Detective West conducted an extensive investigation, during which he interviewed former patients3 of Dr. Anderson and current and former University employees and reviewed potentially relevant documents. In April 2019, Detective West forwarded the DPSS investigative Report to the Washtenaw County Prosecutor s Office (the Prosecutor s Office ). The next month, DPSS informed OIE that it could resume its review. On August 18, 2019, an individual who had been a student at the University in the late 1960s and early 1970s ( Individual A ) sent an email to the administrative assistants for Dr.

8 Robert Ernst, Executive Director of the University Health Service ( UHS ), which is the University s on-campus medical clinic, and Dr. Elizabeth Cole, who was then the Interim Dean of the University s School of Literature, Science, and the Arts. In the email, Individual A provided a detailed description of an appointment he had with Dr. Anderson at UHS in 1971. Individual A, who had sought treatment for potential exposure to a sexually transmitted infection ( STI ), said that Dr. Anderson asked him to manually stimulate Dr. Anderson s penis until Dr. Anderson ejaculated. Individual A, who is a gay man, also stated that he had discussed the incident shortly afterward with another gay patient of Dr. Anderson, who shrugged his shoulders, from which Individual A inferred that what happened to him was standard for Dr.

9 Anderson 1 We interviewed Mr. DeLuca in the presence of his counsel on two occasions. Mr. DeLuca gave us permission to use his name in this Report . 2 A list of acronyms used in this Report is attached as Appendix A. 3 For the sake of consistency, we use the term patient to refer to individuals who recounted being examined or treated by Dr. Anderson. 2 when providing medical care to gay patients. Dr. Ernst and Dr. Cole each promptly sent Individual A s email to OIE, which forwarded it to DPSS. By the final weeks of 2019, OIE had not made material progress investigating the Allegations about Dr. Anderson. In light of the seriousness of the Allegations and the fact that almost a year and a half had passed since Mr. DeLuca s letter was received, OIE contacted the University s Office of the Vice President and General Counsel ( OGC ).

10 On January 23, 2020, the University s Board of Regents retained the law firm Steptoe & Johnson LLP ( Steptoe ) to conduct an Independent investigation. On February 18, 2020, the Prosecutor s Office confirmed that it had completed its review and would not be bringing any criminal charges. The next day, the University publicly announced the availability of a hotline to collect information from Dr. Anderson s former patients. The announcement garnered significant media coverage. Within two weeks, more than one hundred people called in to share their experiences. Our Investigation On March 21, 2020, at the request of the Board of Regents of the University of Michigan, Wilmer Cutler Pickering Hale and Dorr LLP ( WilmerHale ) assumed responsibility for the Independent investigation into Dr.


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