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This action is not a lawsuit, but complies with Wisconsin law, which requires the filing of a notice of intent to sue any state officials 60 days before any legal action can commence.
Tim Fader led UW-Whitewater to a runner-up finish at the NCAA Division III Championships in 2014Fader has alleged that he was not renewed as wrestling coach in the summer of 2014 because he had notified City of Whitewater police -- but not campus officials -- about an alleged sexual assault involving a recruit who was visiting campus over Easter weekend 2014. Despite the fact the reported victim's mother notified Fader within hours of her first call that the incident did not happen -- and Whitewater police did not detain or file charges against the recruit -- Fader was suspended by school administrators for failing to inform them of the incident, and, later, his contract was not renewed.
The Notice of Claim provides a step-by-step account of the events surrounding the incident, as well as those in the following months, mentioning a May 2014 letter from now-retired UW-Whitewater Chancellor Richard Telfer that indicated Whitewater police were conducting an investigation into the school's wrestling program and that Fader had been placed on administrative suspension as the result of potentially violating university policy. "The contents of the letter were so incendiary and condemning of Fader that his children came home from school in tears having been told by classmates that their dad had done something wrong," according to the Notice of Claim. "Fader was also informed that he would no longer be welcome to participate in a previously-scheduled event at school because school officials were not clear as to whether he was allowed to be around children based on Telfer's letter."
The Notice of Claim goes on to state that "the Telfer letter has essentially destroyed Fader's career" saying that the former Whitewater coach had been approached by numerous schools but had yet to be hired, despite his success as Warhawk wrestling coach, including having been named Division III Coach of the Year last season by at least one amateur wrestling website. The Notice of Claim cites two specific examples. An official from a Minnesota college reportedly had contacted UW-Whitewater Athletic Director Amy Edmonds to get clarification on what happened with Fader, only be told that "she wished she could tell him the whole story, but she couldn't. This created even more mystery and implied misconduct on Fader's part" (to quote the Notice of Claim) despite facts of the incident having been widely reported, including in an in-depth story for InterMat published in November 2014. In a second example, Fader's attorney asserted that, in April 2015, a college in Iowa had inquired about Fader and after speaking to UW-Whitewater officials, declined to hire him.
Furthermore, the Notice of Claim also provides insights into how UW-Whitewater administrators not only handled Fader, but also the school's assistant coach Chris Heilman, who was also accused of misconduct. Heilman had been informed if he did not resign, he would be fired. When Heilman told the school he intended to seek legal counsel before making a decision about resigning, the school revised its offer, saying if he resigned, he would receive severance of one year's salary and a positive letter of recommendation. Heilman eventually accepted the offer, and was soon hired to the coaching staff at the U.S. Air Force Academy wrestling program.
In November 2014, Fader requested -- and received -- a letter from the District Attorney of Walworth County -- home to the city of Whitewater and the UW-Whitewater campus -- which states that said at no time was Fader being investigated for alleged criminal behavior.
"The chilling effect this could have on other faculty members who may be afraid to go to the police now if they become aware of something because Tim went to the police and he ends up losing his job," Fader's attorney, Stan Davis, himself a former University of Wisconsin System regent., told the Madison TV station. "It suggests (UW-W) didn't want an outside agency to be aware of this until they decided what, if anything, they were going to do about it. Making a scapegoat of one person who actually handled the situation the way I think most people would have does not do anything to help address this problem in the future."
The handling of the situation by UW-Whitewater administrators may have been a product of the southeastern Wisconsin school being named by the Office for Civil Rights of the U.S. Department of Education as one of 55 schools nationwide being investigated for how it handled sexual assault or harassment allegations.
On Thursday evening at approximately 8 p.m. Eastern, Tim Fader posted the following message on his Facebook page: "You have no idea how much I appreciate the encouragement and support. This has been a very difficult time but I very much believe in the issue at hand. I hope to update you on the fight!"
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