Entrance to the University of Tennessee campus at Cumberland and 11th Strteet Monday, May 18, 2015. (MICHAEL PATRICK/NEWS SENTINEL)

By MJ Slaby and Dustin Dopirak of the Knoxville News Sentinel

The University of Tennessee will pay $2.48 million to settle a federal Title IX lawsuit alleging the university maintains a "hostile sexual environment."

Lawyers for UT and the eight unidentified female plaintiffs agreed to the settlement, announced Tuesday, two days before a response to the lawsuit from UT lawyers was due in U.S. District Court.

The settlement, to be paid half by the athletics department and half by the Knoxville campus, still needs to be approved by U.S. District Judge Aleta Trauger of Nashville.

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The lawsuit alleges UT violates Title IX in handling of sexual assault cases, especially accusations against student athletes. The February filing spurred a wave of media attention and brought recent sexual assault cases involving UT athletes as well as allegations against former UT and National Football League quarterback Peyton Manning back into the spotlight.

The lawsuit's plaintiffs include the accusers in sexual assault cases against former basketball player Yemi Makanjuola and former football players A.J. Johnson, Michael Williams, Von Pearson, Alexis Johnson and Riyahd Jones. A trial had been set for May 2018.

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The settlement amount, just under half of the maximum UT expected to pay had its defense failed, was discussed for months, according to UT.

The settlement required approval from a long list of UT and state officials and comes after Trauger denied motions by the university to dismiss the case, to move the trial from Nashville to Knoxville and to remove references to Manning.

The agreement means UT has paid roughly $4.01 million in settlements and attorney fees for athletics-related lawsuits in the past two years.

In announcing the agreement, UT officials and lawyers called settling the lawsuit "the right thing to do" to prevent an emotional toll on those involved, protect the reputation of UT and avoid added legal costs that the university estimated could reach $5.5 million.

"One side ultimately would have won in court several years from now, and we felt confident about our legal position," Raja Jubran, vice chair of the UT board of trustees, said in a news release. "But I truly believe that both sides would have lost."

The university admits no guilt in the settlement, and UT officials said they plan to appoint an independent commission to review Title IX and sexual assault prevention programs across the university system, as well as to add six positions related to education and response.

David Randolph Smith of Nashville, lawyer for the plaintiffs, said he and his clients were satisfied with the progress UT has made and know UT leadership to be committed to becoming a model in sexual assault education and response.

Costs of Settling

The $2.48 million settlement includes attorneys' fees for Smith, the plaintiffs' lawyer, but not the fees for university lawyer Bill Ramsey.

Ramsey, a member of the Nashville-based Neal & Harwell law firm, was hired by Gov. Bill Haslam in June 2015 to represent UT in "allegations involving Title IX." Those fees are paid by the state.

As of June 8, the state had paid $220,862.82 to Neal & Harwell since Ramsey was hired.

That amount includes work by Tom Ingram, founder of public relations and lobbying firm the Ingram Group and former consultant for Haslam. Ramsey hired Ingram in March to help UT with communications around the lawsuit.

The money for the settlement will come from UT's Knoxville campus. Half will be paid by the central administration and half by the Athletic Department, using "income-generating activities within the university" such as licensing fees and operations on campus with profits. The settlement will not be paid by state appropriations, student tuition or fees, or donor funds.

Six officials at UT had to approve the terms of the agreement: Jubran, President Joe DiPietro, Chancellor Jimmy Cheek, Director of Athletics Dave Hart, General Counsel Catherine Mizell and interim Chief Financial Officer Ron Maples.

The settlement was also approved at the state level by Attorney General Herbert Slatery III, Comptroller Justin P. Wilson and Haslam.

Although the lawsuit was filed against the university, seven of the eight plaintiffs made allegations against athletes, and the role of athletics in the lawsuit meant plans were for that department to share equally in the costs from the beginning, UT officials said.

Of the plaintiffs accusing athletes, five said they were sexually assaulted, one said she was subjected to "victim blaming" and one said she was assaulted for refusing sex.

Six athletes were accused by name. Of those, only A.J. Johnson and Williams face rape charges. Their criminal trials are on hold.

For Alexis Johnson, his charges were reduced to a misdemeanor domestic assault in April and set to be dismissed without terms in October if he stays out of trouble.

No criminal charges were pursued against Makanjuola, Pearson or Jones, and only Makanjuola was found responsible under student conduct rules by UT. That finding came after he transferred schools.

The court documents also alleged a history of sexual misconduct in UT athletics, including a 1996 allegation involving Manning, pushing the incident back into the spotlight just after he won the Super Bowl with the Denver Broncos.

Other allegations were that former UT football player Curt Maggitt punched then-teammate Drae Bowles in the mouth for giving a ride to a woman who alleged A.J. Johnson raped her.

When Bowles told football coach Butch Jones, court documents allege, the coach said Bowles "betrayed the team" and then called back later to apologize. Jones has denied he belittled his former player, and university officials said they weren't aware of further investigation into that incident.

This is the third athletics-related case settled in recent years.

A 2012 federal lawsuit filed on behalf of three former athletic department staffers grew to a bill of more than $1.2 million with attorneys' fees earlier this year.

In October 2014, UT reached a $320,000 settlement with Debby Jennings, former media contact for Lady Vols athletics, who alleged the university and athletic director Hart discriminated and retaliated against her.

Education and response changes

The lawsuit placed blame for a culture of sexual violence at the top of UT's administration, including Cheek, DiPietro, Hart and Butch Jones.

UT officials have stressed their commitment to making UT a leader in sexual assault prevention and response.

Cheek sent an email in March to UT staff and students that called the lawsuit "uncomfortable for many of those involved" and denied allegations the administration doesn't take sexual assault seriously.

Cheek revealed in June plans to step down to return to teaching but said the lawsuit was "absolutely" not part of his decision.

The 16 head coaches in the athletic department also held a joint press conference in February to defend the campus culture.

The settlement includes several new initiatives related to Title IX.

DiPietro said that within 60 days, he plans to name members of an independent commission to review Title IX compliance and sexual assault prevention and response across the system and make recommendations.

"I continue to say that one incident of sexual misconduct is one too many," DiPietro said in a news release. "But, unfortunately, on a college campus, these incidents will happen."

The president said he wants to be confident that UT does everything in its power to respond and provide the necessary support when such incidents happen.

Creation of the commission was already in the works before the settlement, UT officials said.

"We think it will make us a better institution collectively," DiPietro said.

UT still faces investigations into two sexual violence complaints that were filed in May with the U.S. Department of Education's Office for Civil Rights.

Cheek said the campus is adding six positions dedicated to sexual assault prevention and response. Those positions have been filled or are in the process of being filled, he said.

Cheek said he has allocated $700,000 for three of the positions, including an assistant director and two investigators.

"We've spent a lot of money making sure we not only have what we need in place but the things we need to make us even better over the long haul," Cheek said.

Smith said he and his clients are pleased with the progress made by UT and the impact of added programs going forward.

If UT becomes a leader in sexual assault prevention, "this lawsuit and the resulting outcome would have contributed in a small way to the safety, well-being and hopeful futures of many young people who from time to time call the University of Tennessee home," the lawyer said in the release.

In his arguments that the university violates Title IX, Smith alleged the university uses the Tennessee Uniform Administrative Procedures Act incorrectly in handling sexual assault cases.

University officials said that process is based on law that UT will continue to follow, but the new commission will evaluate the process.

UT leaders said they'll continue sexual assault prevention programming for all students, including athletes.

"Like many institutions, we are not perfect," Cheek said, noting UT's goal is to be the best it can be at education and response. "Our first priority is the safety and well-being of every member of our university community."

Settlement Details

The University of Tennessee and eight unidentified plaintiffs, along with their respective lawyers, agreed to settle a federal Title IX lawsuit alleging UT has a “hostile sexual environment.” Here are the details:

Amount: $2.48 million

Lawyer fees: The settlement includes the fees for the plaintiffs’ lawyers, but not UT lawyers. As of June 8, the legal fees and expenses for UT’s legal representation were $220,862.82.

Payment: The settlement payment will be split evenly between the UT Knoxville campus central administration and the UT athletic department. The funds will come from “income-generating activities” at UT such as licensing fees and other profits, not to include taxpayer dollars, student tuition or fees or donated funds. The state pays the legal fees for UT.

Terms of the settlement: UT is “not admitting guilt, negligence or unlawful acts.” The agreement included added UT initiatives, such as an independent commission to review the sexual assault prevention programs across the system.

Who had to approve the settlement terms: The eight plaintiffs and their lawyer David Randolph Smith; UT lawyers Bill Ramsey and Aubrey Harwell; UT Board of Trustees Vice Chair Raja Jubran; UT President Joe DiPietro; UT Chancellor Jimmy Cheek; UT Athletic Director Dave Hart; UT General Counsel Catherine Mizell; UT interim Chief Financial Officer Ron Maples; state Attorney General Herbert Slatery III; State Comptroller Justin P. Wilson and Gov. Bill Haslam.

Time frame: The lawsuit was first filed on Feb. 9 and amended on Feb. 24. According to UT, settlement negotiations have been on and off, but the current negotiations started in April.

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