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An independent review of allegations against a former Indiana University men’s basketball team doctor found that the doctor did not act in bad faith or with an improper purpose when performing rectal exams on IU men’s basketball players in the late 1980s.
The investigation was conducted by international law firm Jones Day, which IU hired to be an independent voice in the matter. Its review found that the examinations conducted by Dr. Brad Bomba Sr. were done in a clinically appropriate manner, and that no evidence was uncovered to suggest there was any sexual connotation to his exams.
The law firm also suggests that IU continue to take additional measures to help protect student athletes and prevent further issues regarding alleged physician misconduct.
Last fall, two former IU men’s basketball players alleged that they were subject to sexual abuse and harassment through medically unnecessary digital rectal examinations performed by Dr. Bomba, a former physician contracted for IU Athletics.
The lawsuit claimed IU did nothing to stop the exams, and accused Tim Garl, a basketball trainer who was Bomba’s supervisor at the time, of knowing and condoning Bomba’s actions.
The investigation states, however, that IU staff who knew somewhat about the exams believed they were not suspicious.
“The IU employees and staff who acknowledged having contemporaneous knowledge that Dr. Bomba performed DREs during the annual physicals of student athletes did not object to this practice nor did they raise concerns within the University. Rather, each individual with whom we spoke professed their belief that the DREs were not sexual in nature. And although not all physicians included DREs during annual exams, these individuals felt it was within a physician’s discretion to include a DRE if that physician determined it was an important component of a complete physical examination,” the investigation concluded.
Kathleen DeLaney of DeLaney & DeLaney LLC, the attorney representing the plaintiffs in the case, said, “The Jones Day report confirms that IU officials knew that Dr. Bomba, Sr. was penetrating these young athletes’ rectums and IU refused to stop it.”
Plaintiff Haris Mujezinovic said, “The report did not help me understand the rationale for Dr. Bomba Sr.’s actions or for IU’s failure to act. It seems to me that IU stayed quiet at the expense of me and the other players.”
The investigation included interviews with nearly 100 individuals, interviews with medical experts, and reviews of nearly 10,000 emails and other electronic documents and more than 100,000 pages of physical documents going back six decades.
Jones Day said IU has since created more robust policies, reporting structures, and oversight within its Sports Medicine Department and that much of the basketball program’s training and medical staff now align with other sports teams at the school.
Representatives for IU declined to provide additional comment on the results of the investigation, but referred The Indiana Lawyer to a statement on its website:
“Indiana University will continue to work toward ensuring the safety and well-being of all members of our community and will continue to take any and all allegations of misconduct seriously.”
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