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Ep 43 with Mike Cox

Attorney Gives Inside Scoop on University of Michigan Sexual Abuse Case Involving Athletes

Former Michigan Attorney General Mike Cox describes the decades-long sexual abuse by University of Michigan doctor Robert Anderson, what he calls the university's cover-ups, and the lawsuits he has filed for his clients.

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About This Episode

Mike Cox is a former prosecutor and served as Michigan’s 52nd Attorney General. He obtained both his undergraduate and law degree from the University of Michigan after serving in the U.S. Marine Corps. He currently runs a private practice firm which takes clients with a wide variety of case types.

In this episode, Mike Morse and Kevin Dietz sit down with Mike Cox to learn more about his career and talk about his current work. Mike Cox represents over fifty “John Doe” sexual abuse claims against a University of Michigan doctor. There has been a widespread cover-up of this doctor’s illegal behavior for decades and the situation was recently exposed in a Detroit News article. This episode dives deep into specific case details and analyzes the trend of sexual assault cases in college athletics.

Show Notes

  1. Introducing today’s guest, Mike Cox
  2. Cox talks about his cases when he was Oakland County Prosecutor
  3. Cox explains his transition to the private sector after gubernatorial race
  4. Did you like being a prosecutor for the Wayne County homicide department?
  5. Thoughts on Kym Worthy and the Conviction Integrity Unit
  6. Cox discusses his time as Michigan’s Attorney General
  7. What work is Cox now involved in? A mixed bag!
  8. The difference between state and federal prosecution
  9. How did Cox get involved in the University of Michigan case?
  10. Cox explains the details of the case against University of Michigan and Dr. Robert E. Anderson
  11. In the fall of 1968, the first complaint against Dr. Anderson was filed
  12. In the guise of medical treatment, Dr. Anderson would perform illegal sex acts on patients
  13. Cox outlines an example from 1975 in which a student filed a 10-page letter complaint against Dr. Anderson and the school took the student athlete’s scholarship away
  14. University of Michigan fired Dr. Anderson in the Fall of 1979
  15. The Athletic Director at the time rehired him and moved him over to athletic department full time
  16. In order to coverup the fact that Dr. Anderson was fired over sexual assault complaints, the university lied and said he resigned from his original position
  17. Hundreds, perhaps thousands were abused until 2003
  18. There is a cultural comparison to the coverup in the Catholic church regarding priests and sexual abuse
  19. There are two large coverups: the coverup at the time and the current administration’s coverup
  20. Long silence until the Detroit News exposed the abuse
  21. The Big Ten’s reputation of avoiding sexual assault case: Jerry Sandusky, Larry Nasser, Dr. Richard Strauss
  22. The University of Michigan Regents should take more responsibility and action
  23. Tom Brady was an athlete at University of Michigan during this time
  24. What kind of institution does the University of Michigan want to be?
  25. Did any of the men go to the police originally?
  26. The details of the doctor’s crimes
  27. The power dynamic between doctor and athlete because the doctor had the authority to determine if the athletes were going to play their sports and keep their scholarships
  28. Dr. Anderson was never sued prior to this
  29. Many students thought the doctor’s intimate medical evaluations were “part of playing at the University of Michigan” because it was a rigorous community
  30. How do so few people have so much power in university communities?
  31. University of Michigan President Schlissel’s lack of accountability
  32. Is this case too old to go to trial? What is the statute of limitations?
  33. For the university it’s not that they think the plaintiffs are lying, it’s about lowering the amount they have to pay
  34. Fraudulent concealment of the truth
  35. Are men less likely to come forward?
  36. Do you see this becoming a class action lawsuit?
  37. Mike Cox states that he only represents athletes in this case
  38. “This has been coming for 18 months”
  39. The lawsuit isn’t just about damages for our clients, but about changing the way these things are handled so it’s not repeated for future generations
  40. The difference between the Penn State case and cases of Michigan State and University of Michigan
  41. It’s not just a Big Ten issue but a nationwide collegiate issue
  42. Are there going to be changes in the law to prevent this?
  43. Michigan must look at how they treat Freedom of Information Act requests
  44. You can’t “FOIA” the legislature or governor’s office in Michigan
  45. Concluding Thoughts

FAQs

Answers to common questions from this episode of Open Mike.
  • Who was Dr. Robert Anderson and what did he do at the University of Michigan?

    Cox said Anderson started at the university’s health service on September 1, 1966, was brought over to be a team physician in 1968, and worked for the university until 2003. He said that, in the guise of medical treatment, Anderson committed sex acts on athletes.

  • Did the University of Michigan know about Dr. Anderson's abuse at the time?

    Cox said yes. He said the university fired Anderson in the fall of 1979 ‘for being a sexual predator on young men,’ but a deal was then worked out to move him to the athletic department full time. Six months later, he said, the president’s annual report said Anderson had decided to resign from University Health Services and praised his ’11 years of outstanding leadership.’

  • Why does Mike Cox say the statute of limitations doesn't bar these abuse lawsuits?

    Cox points to fraudulent concealment, a concept in Michigan law that he said has been around for seventy years: when a party knowingly hides evidence of a claim, the statute of limitations clock doesn’t start to run. He argues that concealment by the university and by Anderson tolls the statute of limitations.

  • How did the University of Michigan's more recent cover-up come to light?

    Cox said that in July 2018 the athletic director received a letter from a former wrestler who had written about Anderson 40 years earlier, and it went to the Title IX and general counsel’s offices. On November 5, 2018, a police officer briefed the general counsel’s office that there were hundreds of victims and had been a cover-up. Then, he said, ‘crickets’ until the Detroit News outed the university on February 19.

  • Have any of Mike Cox's clients in the Anderson case gone public with their identities?

    No. Cox said all of his clients are John Does, which is permitted under federal and state rules, because many don’t want to be the poster child, some have public personas, and some haven’t told their families. He said he expects more people like Chuck Christian, who came out last week, the longer the fight goes on.