Saturday, November 28, 2020

Letter: Time for Kristine Moore to resign or be terminated from MSU

By Dr. Theodore A. Golden

Golden is a 1968 alumnus of the University of Michigan's Medical School.

It has now been over five years since Larry Nassar sexually assaulted Amanda Thomashow in the MSU Sports Medicine Clinic. In July 2014 Kristine Moore issued a report following her investigation of the victim’s complaint against Nassar. She stated that Nassar did not sexually assault Thomashow, which is not true. Furthermore, she sent a different report to Nassar and other MSU officials which violated the rules of the Clery Act that states the accuser and the accused should get the same report. In addition, Moore violated Title IX by not informing Thomashow that she had a right to appeal Moore’s report.

Several entities, including me, have examined the flawed process that Moore used to arrive at her report’s false conclusion. The process was incompetent and negligent. Some of the deficiencies include the input interviews with the complainant that lacked depth. She did not interview the complainant again after two of the experts indicated what was improper touching of the breast during an osteopathic exam for shoulder pain. Moore never noted where Nassar touched the breast in her handwritten notes. Moore never looked at Nassar’s medical record.

Nor did Moore have the three experts look at the medical record. Nassar did not have the medical record when Moore interviewed him. Moore stated in her report that, “Nassar is at a disadvantage since he does not recall the specific appointment.” That is the purpose of the medical record, which Nassar probably reviewed prior to the interview. In a medical malpractice case, it would be legal malpractice if the attorney did not look at the medical record. The William Forsyth report dated Dec. 21, 2018, states that the three experts that Moore used were not neutral and had close ties to MSU or Nassar.

The three experts should have had the opportunity to evaluate the complainant in person, which did not happen in Moore’s investigation. A very disturbing item from the Forsyth report is that Moore withheld from the three experts how Nassar actually touched the breasts and massaged the vaginal area. The Forsyth report states that the three experts, after hearing the truth, now recant their opinion that what Nassar did was medically appropriate. Moore did not interview the resident who Nassar told to leave the room before the sexual assault began. Nor did she interview the receptionist who Thomashow lodged a complaint. In her report Moore neglected to include that Thomashow stated in her interview that Thomashow had to physically stop Nassar from massaging the vaginal area and that Nassar appeared to be sexually aroused with an erection.

Moore stated in her report that Thomashow did not know the nuanced difference between osteopathic medicine and a (sexual) massage. A real put down, in my opinion. Because Moore’s report cleared Nassar of sexual assault, he was allowed to work at the MSU Sports Medicine Clinic for 26 months. During that time he sexually assaulted about 20 patients. In November 2014, Kristine Moore was promoted to the MSU Office of General Counsel.

Recently, Moore was MSU’s Clery Act Coordinator. I emailed the folks at MSU and said "shame on you for making Moore the Clery Act Coordinator after she violated the Clery Act by sending out the two different reports." Since my email, I have seen on the MSU web site that Moore is no longer listed as being involved with the Clery Act. On April 8 2019, Moore testified in court and defended her report concerning the Thomashow complainant, when she knew that her conduct in her investigation and writing her report was severely flawed, prejudicial to the administration of justice, and the report was no longer valid.

An article on the web that was published Dec. 13, 2017, got me interested in having Moore no longer work for MSU. I have carefully researched what I could about Moore’s report and sought the opinion of others. This led to my conclusions as stated above and in my headline.

I have emailed high level officials at MSU several times, essentially stating how this article is headlined, but received no response. I emailed Acting President Udpa on April 25 2019, suggesting that Moore resign immediately with an adequate separation package. I also suggested that MSU publicly state that Larry Nassar sexually assaulted Amanda Thomashow, thereby nullifying the report that Kristine Moore issued. In addition, MSU should apologize to Amanda Thomashow for how MSU treated her following her complaint against Larry Nassar.

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