REPORT OF INVESTIGATION

September 30, 2016

TO:

North Dakota University System

c/o Karol K. Riedman, Compliance Officer
karol.riedman@ndus.edu

I.

SCOPE OF INVESTIGATION

I was engaged by NDUS to:

II.

Investigate whether President Brescianis involvement with and

communications about the NDSU Athletic Department Media Guidelines
violated SBHE policy, specifically 100.5 (Beliefs and Core Values of the State
Board of Higher Education), 305.1 (College and University Presidents
Authority and Responsibilities), and 308.1 (Officer and Employee Code of
Conduct). The investigation should include reviewing relevant documents,
conducting interviews and any other necessary information gathering.
Address any related concerns or issues that arise during the investigation.
Provide a written report on or around September 30, 2016 that includes
findings of fact, conclusions supported by the findings, and, if necessary,
recommendations.
INTERVIEWS CONDUCTED

On September 13 and 14, 2016, I interviewed the following individuals (listed in

order of interviews):

Chris Wilson, NDSU Chief of Staff

Dean Bresciani, NDSU President
Laura McDaniel, Associate Vice President, University Relations
Stacey Winter, NDSU Director of Purchasing
Jeremy Jorgensen, NDSU Athletics, Director of Sales and Marketing
Matt Larsen, NDSU Director of Athletics
Matt Hammer, Deputy Attorney General (at NDSU)
Troy Goergen, NDSU Senior Associate Director of Athletics-External
Operations

III.

DOCUMENTS REVIEWED

See list attached as Exhibit A. Please advise you would like clarification or a copy
of any document referenced.
IV.

TIMELINE

Attached as Exhibit B is a timeline of information that supports or provides context

for my findings and conclusions, developed from document review and interviews.
V.

FINDINGS OF FACT
A.

Development of Media and Event Guidelines 1

Background Media Rights Agreements

There is a distinction between schools that can sell athletic event media rights and
those that cannot. Most FCS schools are in the latter category; due to the success of
its football program and the availability of advertising and sponsorship revenue,
NDSU is an anomaly. There is no specific template for media rights agreements
(and corresponding limitations on non-rights holders) due to factors including size of
school, size of community/market, program history, fan base, existing media
relationships, availability of competitive media, and whether or not a school
outsources media, advertising and/or sponsorships to a third party.
When Matt Larsen became NDSUs Director of Athletics in October 2014, there
were three separate external media contracts in place for radio (all sports),
television (football), and television (basketball). All three agreements expired in the
spring of 2016, and Athletics2 began preparing requests for proposal (RFPs) for new
contracts. Working with Stacey Winter, Director of Purchasing, Athletics issued the
RFPs to area media in January 2016. The bid deadline was in February and
winners (Media Rights Holders) announced March 29, 2016.
The bids were analyzed using a scoring system developed by Athletics. In addition
to Athletics, the Purchasing Department (Stacey Winter) and Presidents Office
(Chris Wilson) participated in the review of the proposals.

My findings with respect to the Media Guidelines are based on interviews and general
review of the documentation. I have not done an in-depth analysis of the specifics of the
guidelines, historical media access at NDSU events, or NCAA or other institutional
restrictions on media coverage of athletic events.
2 Athletics is used to collectively refer to the members of the NDSU Athletics Department
who played a role in the development of the RFPs and Media Guidelines (Matt Larsen, Troy
Goergen, Todd Phelps, Jeremy Jorgenson, Justin Swanson and Ryan Perrault).
1

Since the time Mr. Larsen came to NDSU, Athletics had been discussing a need for
what was ultimately drafted as the Media and Event Guidelines (Media Guidelines)
with an overall goal of protecting the interests of the Media Rights Holders and
NDSU. Although there were some existing limitations, Athletics wanted to develop
more comprehensive and specific guidelines.
Leading up to the 2016 RFP process, the primary beneficiary of NDSU football
related revenue without being a rights holder was Forum Communications.
Headquartered in Fargo, Forum controls a large percentage of newspaper, radio and
television media throughout North Dakota. In the past, Forum had been a media
rights holder with NDSU, but was not a party to any of the three agreements that
expired in 2016. That said, Forum widely reported on NDSU athletics, including a
weekly radio show.
It was generally assumed that Forum would submit competitive bids in response to
the RFPs. Forum had the capability to provide the television and radio coverage,
was invested in reporting on NDSU sports, and had expressed dissatisfaction in the
past over not being awarded media contracts. When bids were reviewed, Athletics
and the President's Office3 were surprised that each of the three WDAY (Forum)
bids were not competitive, with by far the lowest scores. Based on the scoring
system4, Forum was the last place bidder for each of the three.
Development of Media Guidelines
Once the bid awards were announced, Athletics turned attention to developing
Media Guidelines before the start of football season. Following informal
discussions, Jeremy Jorgenson prepared a draft that he circulated on June 23.
Athletics held meetings to discuss the Media Guidelines in July. Goals included
protecting (a) the interests of NDSU in securing or at least sharing in revenue
generated due to the popularity and success of the football program and (b) the
Media Rights Holders who were paying for the access they were granted. Athletics
also considered the evolving role of social media, First Amendment rights and the
positive publicity and relationships generated through coverage by non-rights
holding media. Athletics researched media restrictions at other schools and those
required by the NCAA at championship games.
On July 13, Troy Goergen emailed a draft of the guidelines to Matt Hammer for
legal review. There was some delay, but during the week of July 25, Mr. Hammer
reviewed the draft and had several telephone conversations with Mr. Goergen who
advised that Athletics wanted to send out the Media Guidelines no later than
Presidents Office refers to President Bresciani and his staff members who I interviewed,
Chris Wilson and Laura McDaniel.
4 I did not analyze proposals or the bid scoring, however there was no indication from my
document review and interviews that the criteria was unfair or not objectively applied.
3

Friday July 29. Mr. Hammer provided some language to assist in drafting a
paragraph related to political advertising. Mr. Hammer told Mr. Goergen there
were no legal of First Amendment problems with the guidelines but he had concerns
about enforceability (particularly the no live blogging piece) and public relations.
Mr. Goergen responded that Athletics had considered these issues and just wanted
a legal review from Mr. Hammer. Although Mr. Hammers comments played a role
in the rescinding of the guidelines, they were not communicated in such a way that
they became a red flag within Athletics. He only spoke with Mr. Goergen and did
not contact Mr. Larsen.
Scope of Media Guidelines and Impact of Rescission
The Media Guidelines were distributed by email to NDSU Athletics media contacts
on July 29, 2016. They are a page and a half long, plus contact information, and
cover an array of topics. In addition to the limitations that provoked criticism in the
media, they have non-controversial language including related to credentials (that
had previously been stated on the passes themselves) and political activity. They
include past practices/common courtesy that had generally been observed by nonrights holder media such as making advance arrangements for interviews, not
interviewing student athletes during classes, and limitations on activity during
tailgating and games. Some limits on non-rights holders were implicit due to the
award of rights holder agreements.
The rescission of the Media Guidelines as a whole has challenged Athletics,
impacting the authority and ability of Athletics to protect the interests of the Media
Rights Holders and even to restrict non-rights holders to the limitations that had
developed through past practice. For example, Forum has had a larger presence
this season during football tailgating and even going into the press box. Media
Rights Holders have complained.
B. President Brescianis Knowledge of the Media Guidelines
The Presidents Office was not aware of, or involved in the development of, the
Media Guidelines prior to their release on Friday July 29, 2016. Specifically,
President Bresciani had not seen them, been advised they had been drafted or were
going to be released. Matt Larsen discussed the overall subject of a need to prepare
rules regarding non-rights media in a monthly meeting or meetings with the
President earlier in the year but no specifics were discussed.
As of the date of my interview, President Bresciani had not read the Media
Guidelines. His knowledge about them at the time of his July 29-31 texts and
emails was based on Matt Larsens description in telephone conversations. There is
no record of these conversations and their memories vary slightly, however my
findings are that: (a) Mr. Larsen gave an overview of the guidelines and said that

they were necessary to protect the rights of the media rights holders and NDSU; (b)
most of the conversations centered around the controversial aspect of the
guidelines, including no live stream of press conferences and restricted access to
venues; (c) there was no specific discussion that they were required by the RFPs
(although President Bresciani says he made this assumption); and (d) related to
whether they were common, the context was that NDSU was an anomaly and
therefore more like FBS than FCS schools (due to the success of the football
program in that media was willing to pay for access due to advertising revenue
potential).
President Bresciani received the Media Guidelines (and a supplemental statement
drafted by Athletics aimed at correcting exaggerations and misconceptions they
were seeing on-line) as attachments to an email on Saturday July 30. (President
Bresciani was attending a funeral in Denver on July 30, leaving early that morning
and returning late that night). However, as noted above, he did not read them.
President Bresciani based his strong initial support for the Media Guidelines on his
trust for Mr. Larsen. He did not express concern over the weekend that he had not
been involved in the process. The process and lack of prior notice to the Presidents
Office became an issue because of the media outcry over certain aspects of the
guidelines.
C.

The Decision to Rescind the Guidelines

President Bresciani had conversations with Mr. Wilson and Ms. McDaniel on
August 1, 2016, during which they supported rescinding the guidelines. Mr. Wilson
was most focused on his review of the RFPs indicating the limitations were not
incorporated in them. Ms. McDaniel was most concerned over what she felt was not
the proper way to treat the media.
President Brescianis initial reaction was to give Mr. Larsen the option of
withdrawing the guidelines or meeting with Forum Communications to negotiate a
compromise. Mr. Larsen agreed to the negotiation option and began making
contacts.
On the morning of August 2, Mr. Wilson brought to President Brescianis attention
that Mr. Hammer had cautioned Athletics about public relations and enforceability
issues when he reviewed the Media Guidelines. Mr. Wilson showed President
Bresciani an email exchange between Mr. Hammer and Mr. Goergen. At that time,
President Bresciani made the decision to rescind the guidelines, called in Ms.
McDaniel to begin working on a press release and brought in Mr. Larsen to advise
him of the decision.

Prior to announcing the rescission, President Bresciani did not directly (or
indirectly through Mr. Wilson or Ms. McDaniel) seek input from Mr. Larsen or
anyone else in the Athletic Department related to the reasons or intent behind the
various provisions in the Media Guidelines or the consequences of rescission.
D.

Communications with NDUS/Chancellor/SBHE Members

President Bresciani first contacted Chancellor Hagerott the night of July 30 when
he forwarded FYI an email from Mr. Larsen with the Media Guidelines and
statement drafted by Athletics attached.
His next contact with Chancellor Hagerott included also SBHE members who had
been copied on a highly critical email from a member of the public. That email
requested that Mr. Larsen be the one to respond to any such communications and
stated: please know I fully support and agree with the business decision made
regarding the matter which implied that President Bresciani had read the Media
Guidelines and/or was fully apprised.
The next notice to NDUS, Chancellor Hagerott or SBHE was on Tuesday August 2
when President Bresciani sent his email rescinding the guidelines and attaching a
press release that had been issued.
I found no evidence in review of email that the Chancellor/SBHE/NDUS were
notified of the Port open records request for text messages or the content of those
messages that were produced and it appears they learned of them through the
media.
The Chancellor/NDUS/SBHE were notified by email shortly before President
Brescianis Campus Updates went out on August 8 and 9.
VI.

CONCLUSIONS

1. If President Bresciani had made the decision to rescind the guidelines more
deliberately, some of the negative media coverage and the adverse impact on
Athletics ability to protect the Media Rights Holders and corresponding loss
of advertising revenue could have been avoided. Specifically, nobody from the
Presidents Office talked with Athletics about the reasons for development of
the Media Guidelines, the process, or the sources utilized. This resulted in a
missed opportunity to work cooperatively with Athletics to (a) protect
existing rules, established practices, and new but non-controversial
provisions and (b) better explain, revise, or withdraw aspects of the Media
Guidelines that led to the adverse publicity.

2. President Brescianis strongly worded support for the Media Guidelines, Mr.
Larsen and Athletics over the weekend, followed by equally strong language
two days later announcing he was rescinding them created the impression
that he had read them, was more aware of the content and the process than
he actually was and that he had not been truthful about his involvement and
was scapegoating the Athletic Director.
3. If President Bresciani had communicated more fully with the Chancellor, the
impact on NDUS could have been reduced. Specifically, the Chancellor and
SBHE members were put in a position of fielding press inquiries without
advance notice of the rescission decision, the process and information that led
to the rescission decision, the content and release of the text messages, etc.
4. I have carefully reviewed and considered the referenced SBHE policies
(particularly the most relevant provisions quoted below) in light of my
findings and conclude that although there could have been improvement in
his decision-making and communication, President Bresciani did not lie
about his lack of prior knowledge of the Media Guidelines and his conduct did
not rise to the level of a policy violation.
100.5 Beliefs and Core Values of the State Board of Higher Education
* * *
Core Values - To be reflected in how the Board and all personnel of the
University System carry out responsibilities on a daily basis:
o High integrity
o Open, honest, forthright and mutually respectful in discussion and
actions
o Trustworthy
o Accountable
* * *
305.1 College and University Presidents Authority and
Responsibilities
* * *
4. Each president shall:
a. Ensure effective and broad-based participation in the decision-making process
from faculty, staff, students, and others in those areas in which their interests are
affected.
* * *
g. Define the scope of the authority of faculties, councils, committees and
administrative officers of the institution.
* * *

k. Inform and advise the Chancellor and Board regarding significant issues at the
institution.
* * *
308.1 Officer and Employee Conduct
* * *
10. Prompt communications.
In all matters involving communication with NDUS students, customers, suppliers,
government authorities, the public and others, Board members, officers and
employees must endeavor to make complete, accurate and timely communications
and respond promptly and courteously to all proper request for information and
complaints.

EXHIBIT A DOCUMENTS REVIEWED

Page 1 of 2
Response to Rob Port Text Request (11 pages)
Response to Legislative Councils Request (143 pages)
Bresciani-Larsen Emails 6/1/16 to 8/2/16
Bresciani Emails to any recipient re media guidelines
Athletic Dept Financial Info
Response to AP Request #1 (17 pages)
Emails related to Media Guidelines, involving Dean Bresciani, Matt Larsen, Jeremy Jorgenson,
Justin Swanson, Jim Ingstad, Nancy Odney, KVLY-TV, Midco Sports Network
Response to AP Request #2 (6 pages)
Bresciani, Larsen, Jorgenson, Swanson emails with keywords: Valley News Live, KVLY,
Midco, Radio FM, broadcast rights from Jan. 1, 2016, to present.
Flash Drive Containing Primarily Additional Copies of Legislative Council Documents
PDF Document: Bollinger Media Policy (720 pages)
PDF Document: Chris Wilson Media Guidelines (5 pages)
PDF Document: Chris Wilson Media Policy (452 pages)
PDF Document: Dean Bresciani Media Guidelines (1 page)
PDF Document: Dean Bresciani Media Policy (18 pages)
PDF Document: Laura McDaniel Media Policy (3 pages)
Media Guidelines Related Documents
Jorgenson draft media guidelines (attachment to 6/23 email)
Draft of media guidelines sent to Matt Hammer on 7/13 by Troy Goergen
Transmittal of guidelines to media on July 29
Media Guidelines
Media Statement
Materials Related to Media Rights RFP
Basketball Television Proposals in response to RFP
Basketball TV Summary
Basketball TV Contract
Football Television Proposals in response to RFP
Football TV Summary
Football TV Contract
Radio Proposals in response to RFP
Radio TV Summary
Radio TV Contract

EXHIBIT A DOCUMENTS REVIEWED

Page 2 of 2
NDUS Emails Produced in Response to Open Records Request
Donlin, Schratt, Wakefield, Morton, Pijning, Stemen, Neset, Reichert, Milicher, Hagerott, Ness,
Hacker, Evans, Feldner
Response to Fargo Forum 9/8/16 open record request (2754 pages) partial review
Miscellaneous
Draft Minutes of State Board Meeting (6/29/16)
Organizational Charts NDUS & NDSU
Media coverage located through on-line research
Post interview email exchange with Matt Larsen
All Bresciani - Larsen emails from 1/1/16 to 5/31/16 and 8/3/16 to 8/15/16
All Bresciani - Wilson emails from 7/25/16 to 8/15/16
All Bresciani - McDaniel emails from 7/25/16 to 8/15/16
All Bresciani - Glover emails from 7/25/16 to 8/15/16
All Bresciani - Bollinger emails from 7/25/16 to 8/15/16

TIMELINE EXHIBIT B

Date
2016
Jan.
Feb.
Mar.
3/29
6/23

7/13
7/20
7/25
7/27

7/28

7/29

Description (Individuals referenced by initials see key at end of this Timeline)

NDSU issued RFPs for 3 Media Rights Holders Radio (TV & Basketball), Football TV, Basketball TV
Bid deadline, responders included WDAY for all 3 (Forum Communications)
Conference to review Media Contracts Proposals (ML, TG, JJ, JS, SW & CW)
Announcement of Media Rights Holders (WDAY not selected for any of 3)
1:36 p
JJ email to ML, TP, TG, JS, RP with rough draft of Media Guidelines: This is a rough draft on new media parameters for NonRights holding groups Jeff Culhane was a good resource for me on this as he gave WVU and Neb perspective which I think are two
great exampleshe also talked with IMG about their thoughts regarding Non-Rights holdings groups. So I took those conversations and
blended them with my own thoughts/market knowledge and have come up with this one page documentMaybe we can all meet or at
least hand deliver edits/thoughts to me so we can get this document out with everyone on the same page. I think it is important for all of
us to be one when this goes out. Plus I am at the state where this needs other eyes/thoughts, but this is a solid start I think.
2:39 p
2:39 pm ML email response: Thanks Jeremy. Initial review it looks good. I did have a few comments. I agree that it would be good to
get us all in a room to review.
Athletic Dept Meeting to discuss Media Guidelines (ML, TP, TG, JJ, JS, RP)
TG email to MH attaching draft Media Guidelines for legal review
Athletic Dept Meeting to discuss Media Guidelines (ML, TP, TG, JJ, JS, RP)
TG again emails draft Media Guidelines to MH with additional question about political advertising language
TG & MH discuss draft Media Guidelines by phone
3:58 p
TG email to MH with links to some of the references we used for our document
2:08 p
TG email to MH: Dont mean to be a pest, but we would like to get those media guidelines out very soon. Could you provide your
feedback?
3:45 p
MH email to TG: Apologies . . . I am hoping to get to it tomorrow or Friday!
3:46 p
TG email to MH: I understandthanks!
TG & MH discuss draft Media Guidelines by phone - MH says there could be complications due to PR and enforceability (may have
come up in 7/25 call)
2:34 p
TG email to MH: Since camp starts on Monday we need to get this to the media by EOD tomorrow (or sooner). We have thoroughly
discussed the enforcement and the PR side, so if you could provide us a statement about political advertising that would be all we need.
3:43 p
MH email to TG: quotes language re political use of campus
3:49 p
TG forwards MH email to RP to draft political language
4:20 p
RP email to TG with language that becomes paragraph in Media Guidelines, starting Political use . . .
DB in office
2:37 p
Media Guidelines sent to media contacts
Forum Reporter Schnepf calls JJ regarding Media Guidelines; JJ responds to questions
JJ calls ML to advise
ML calls DB, leaves voicemail
6:16 p
DB text to ML: Cant talk now. Call me later?
ML text to DB: Thanks Dean. I left a message outlining the situation. No big deal. Has to do with a new media rights policies. After you

TIMELINE EXHIBIT B
Date
2016

Description (Individuals referenced by initials see key at end of this Timeline)

8:15 p
8:48 p

7/30
8:51 a

12:39 p
1:01 p
~4p

4:40 p

5:56 p
6:23 p
9:40 p
10:08 p

7/31

10:18 p
8:23 a
3:14 p

listen to my message if you have any questions feel free to give me a call back. . . .
ML/DB telephone conversation
Schnepf article posts on Inforum NDSU limits some access to Bison athletics
ML text to DB: Here is link to article. Not bad. . . .
DB text to ML: Oh yeah, already read it. Marcil will launch on me, but I kinda cant wait to look at the bid they submitted. . . .
ML text to DB: It really was poor. And if they had indeed won they would have wanted these same protections.
DB text to ML: Of corse [sic] and great point! . . .
DB to Denver for funeral, back late that night
DB text to ML: As you probably know, athletics is getting flamed on twitter. Its being portrayed as NO access, and that fans will have
to go without Dom and Jeff. . . .
ML text to DB: Yes I have been tracking it all night. Am going to circle the wagons with staff to see if we need to send out a clarifying
statement on Monday. It would clearly outline the limited restrictions that we have put in place
DB text to ML: Good idea. Maybe tweet out that its coming? . . .
DB text to ML: To make you smirkKohlpack just texted Kristi to plead his case. . . .
ML text to DB: So funny. I think we will hold on anything now and send a release early morning Monday that clarifies our policies and
praises Jeff and Don for their coverage.
DB text to ML: Doheck even Kristi is wound up! . . .
DB text to ML: Enjoy! Fwd [link] . . .
ML text to DB: Exactly!!! It is good to see a lot of our fans get it.
Forum Reporter McFeely NDSU Overlords article posted
ML, JJ, RP, TP meet, also TG (by phone) to work on Media Statement
ML/CW telephone conversation ML read draft Media Statement & said McFeeley had over read the Media Guidelines (LM also
spoke with ML by telephone but timing isnt clear)
ML text to DB: We are going to send a statement out tonight. Working on it now. Will include our appreciation of local media for
coverage, summary of the media rights bid process and clarification of the new policies. We will also include a link to the version that
was sent to media on Friday which includes some other things as well. . . .
DB text to ML: Thanks.
ML email to DB & CW: Per our conversations, this will go out on social media in the next half hour or so. - Media Statement & Media
Guidelines attached
Anthony Meyer email to DB, ML, Chancellor, SBHE members, etc.; Subject: Failing the State of North Dakota . . .
DB forwards ML email with Media Statement & Guidelines to JG
DB forwards ML email with Media Statement & Guidelines to KH: Keep in mind...the hype was started by the low bidder. In fact, the
bid was a joke . Their attitude was why pay for the milk when...
DB forwards ML email with Media Statement & Guidelines to Chancellor: FYI
ML text to DB: Dean are you up? Do you have time for a quick call? . . .
ML email to DB & DW forwarding Failed State email: Not sure if you both have read this e-mail as of yet. I am more than happy to
respond if you would like. Let me know your thoughts.

TIMELINE EXHIBIT B
Date
2016

3
Description (Individuals referenced by initials see key at end of this Timeline)

5:12 p
5:24 p

5:49 p
5:49 p
8/1
Morning
2:19 p

3:00 p
4:01 p

4:25 p

DB email to ML: I'm happy to have you respond to him. That's more than his input warrants. To those copied, I'll offer my own succinct
reaction, and copy you.
DB email to all who received Failed State email:
I would strong [sic] encourage that responses to this and any similar email contact come only from the NDSU Director of Athletics. For
even me to dip down to this level of discourse would in my experience be ill-advised. You will open a door of unimaginable proportions
if individuals like this receive a response.
That said, please know I fully support and agree with the business decision made regarding the matter, and consider those who made it to
be some of the most expert and profession [sic] I've worked with in my 30+ year career in higher education, which has included
experiences at some of the biggest NCAA D-1 universities in the nation (University of Arizona, University of North Carolina-Chapel
Hill, Texas A&M University).
DB email to JJ: You have and will continue to have my FULL support.
DB email to Chancellor forwarding Failed State email
DB out of office
CW & LM discussed Media Guidelines; called DB by telephone to ask about history DB said he knew nothing about them prior to
Friday; CW & LM said would look into issue
LM text to DB, CW, BB: Noah has called Matt hammer [sic] for information about guidelines. Associated Press has done open records
request for emails in preparation for the guidelines and mcfeely [sic] has gotten inquiries from board members and legislators.
LM text to DB, CW, BB: If youre free at 3, Chris Bruce and I are meeting to discuss
DB text to LM, CW, BB: OK, if I can Ill call in. The conf call number chris gave me? . . .
LM text to DB, CW, BB: Yes
CW spoke with MH by telephone & learned MH reviewed draft Media Guidelines & expressed some concerns
Telephone Call - DB, CW, LM, BB CW & LM encourage rescission of Media Guidelines, discussion includes CW concern that the
limitations were not in the Media Contract RFPs, LM concern about message to media and generally whether these types of limitations
were common
DB text to ML: Well need to talk soon. My battery is low but we could try now, or in an hour (or later). What best for you? . . .
ML text to DB: I can talk now or whatever is best for you.
DB/ML telephone call
DB text to ML: Remember to control the spin as much as you can. You are adjusting (not changing) process, because of fan reaction
(not media or other pressures). Own the decision as yours not something you were told you had to do. Ill back that . . .especially because
you DID agree rather than force it. . . .
ML text to DB: Got you. Makes sense.
DB text to LM, CW, BB: Matt will yet today contact Dom and arrange a meeting with whoever they want, to walk through every detail,
see where theres a major issue (if after explanation any exist), and work towards at least temporary compromise. He understands that
McFeely needs to be included (and why), and that Laura and Chris need to be included (to offer relatively neutral voices Id [sic]
neededand help Mike stay reasonable. That work? . . .
ML telephone call to CW, advised DB game him 2 options, only 1 was viable and that was to revise Media Guidelines in consultation
with Forum

TIMELINE EXHIBIT B
Date
2016

8/2

4
Description (Individuals referenced by initials see key at end of this Timeline)

5:01 p
7:07 a

~9:00 a
10:10 a

10:49 a
10:51 a

12:12 p

LM text to DB, CW, BB: Yes. Matt has called to check schedules so has begun to organize
CW receives emails between TG & MH re Media Guidelines
ML text to DB: Dean just to keep you up to speedI spoke with Mari Ossenfort (GM at Forum) about a meeting. She is out of town but
said she would have someone reach out to me. Havent heard anything back yet so j [sic] will continue to follow up.
DB text to ML: Much appreciated. Looks like Jeff is on vacation in Black Hills too. . . .
ML text to DB: I think he may get back tomorrow. Was trying to squeeze it in today or tomorrow since Chris W is out of town end of
week. Will let you know.
CW and DB meet; CW tells DB about MH review of Media Guidelines & expression of concern; shows TG/MH email to DB; Decision
to rescind; LM starts drafting statement
DB text to ML: Have time now to 11, or 11:30-1 for visit in person. Some things have changed further. . . .
ML text to DB: I am free until 11. Where can I meet you?
DB text to ML: My office ASAP please . . .
ML text to DB: On my way
DB meets with ML (no other participants): advises he is rescinding guidelines, tells ML he thinks ML was trying to do the right thing but
we live in an interesting community, sometimes change too fast is not well received, ML was surprised & disappointed (including that he
never had a chance to explain to the media), DB said hed be sending ML an email, that some felt he should be reprimanded but DB did
not necessarily agree
DB text to CW, JG, BB, LM: ML completely and without resistance agreed to the plan. He also agreed to being quoted. [I] assured him
the draft statement would be run by him for reaction, particularly his quote. He will cancel his planned 2660 radio interview today. Im
drafting my retraction email to the Chancellor, which Ill attach our statement to when I send it. . . .
DB text to CW, JG, BB, LM: . . . also, well of course want athletics to put out the statement on there [sic] website/social media sites. . .
. I assured him
LM telephone call to ML reads draft statement which was much more strongly worded than ML expected from meeting with DB
DB email to ML:
MattAlthough we've discussed the current concern to exhaustion, and in particular the principles on which my concerns are based, I thought it
best to formally confirm the expectations we discussed so as to avoid something like the current situation being repeated in the future.
1) As Athletic Department policies with any public and/or reputational implications for the Athletic Department, NDSU or related
agencies or affiliates are developed and readied for announcement and implementation, they will be vetted with relevant campus/campus
community constituencies, and in particular the Office of the President.
2) You and I will continue to meet in person, on a regular and frequent basis, so that I remain up to speed on Athletic Department
activities, plans, and initiatives planned or underway.
3) We will continue to evaluate and always assure that you and I remain in agreement regarding the role, impact, and integration of the
Athletic Department's activities and programs are a complimentary part of the vibrant campus and external campus community we enjoy.
Thank you for your welcome and openness to the above. Your expressed good intentions toward the best interests of NDSU has been
greatly appreciated and is a compliment to your professionalism.
12:42 pm DB email to Chancellor & SBHE:

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Description (Individuals referenced by initials see key at end of this Timeline)

After further study over the past two days, I've learned much more about this matter. My initial understanding of the situation, as it was
described to me, was not accurate.
Although I grasp the direction and ultimate goals of our Athletic Department regarding this matter, their process was flawed to a level
that requires an immediate revocation of the media policy pending further study. If and when a new plan is created, it will be fully vetted
with the University community including myself (none of which had taken place in advance of announcing the media policy). The
Athletic Director is in full agreement with the above path forward. NDSU is in the process of issuing the attached press release.
NDSU Press Release with quote from DB:
. . . President Bresciani was not informed in advance of the release of the guidelines. I was profoundly disappointed when I learned the
facts about this issue. This is not the way NDSU treats local journalists and our many loyal fans who value the breadth of news coverage
NDSU enjoys. As the state's land grant university, our commitment is to access and inclusion in all endeavors. . . .
And quote attributed to ML:
" . . .I erred in not bringing these ideas forward for the president's review, and I regret the damage this has caused to the administration,
institution and university community. . . ."
DB reassures ML he thinks hes doing a good job
3:35 p
Text messages emailed to Rob Port in response to records request
Rob Port posts text messages on Say Anything Blog
7:29 p
Forum Communications posts article on texts
Forum Communications editorial calling for resignation of President Bresciani
DB, SW, LM, ML BB involved in drafting the email that becomes campus update ML made recommendations that were not included
9:16 a
DB email All Campus Update (and sent to Chancellor/SBHE shortly before)
1)
Earlier this year, the Athletics Department initiated the process for bidding on media coverage for many of their events (as they
do every few years). Requests for Proposals were issued for football television broadcasting, basketball television broadcasting and
combined radio broadcasting. KVLY-TV won the football contract, Midco Sports Network won the basketball contract, and Radio FM
Media won the radio contract.
2)
As part of the implementation of these contracts, the Athletics Department developed a new set of media guidelines. While I was
certainly aware of the bidding/award process, I was not consulted on the media guidelines. There are arguments on both sides regarding
whether I should or shouldnt have been consulted. The bottom line is that it didnt take place, and I believe that I should have been
consulted.
3)
The media guidelines were made public about a week ago. I was unaware of their existence, so I didnt know they would be made
public. At that time, I was out of state at the funeral of one of my mentors, but the explosive reaction on social media regarding the new
guidelines quickly made me aware them.
4)
As soon as possible, I sought information on the matter. Initially, it was my understanding that: (a) the guidelines had been part of
the bid process so that all the local media companies understood that these were going to be implemented; and (b) the new guidelines
were fairly common across the country.
5)
In light of the above, and reflecting my loyalty to NDSU faculty, staff and students, I briefed the Chancellor and SBHE of the
situation through an email and offered my support to both the athletics staff and the guidelines. I now understand that my initial support
was misplaced and some of my text communications were not appropriate.
6)
Over the next two days, I learned that my understanding of the proposed guidelines was not accurate, and I asked that the

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Description (Individuals referenced by initials see key at end of this Timeline)

3:06 p

8/9

guidelines be rescinded. The decision to rescind was reached through extended conversations, collaborative discussion, and additional
consideration of the factors that hadnt been brought to light before the new guidelines were announced.
7)
The decision to rescind the guidelines was generally well received and the matter seemed brought to closure. While this incident
has been tumultuous, I believe that an appropriate resolution has been achieved, and I stand by that resolution.
Email Statement from State Board of Higher Education Chair Kathleen Neset:
The North Dakota State Board of Higher Education and the North Dakota University System is in the process of gathering all pertinent
information regarding the recent situation at North Dakota State University. The SBHE and the NDUS operates in a very public and
transparent manner and our citizens and students deserve professionalism from each of us at all times. This new development is serious
and consistent with communications issues the Board previously identified in Dr. Brescianis improvement plan. After the Board has had
the opportunity to review the information, it will consider next steps as soon as possible.

Continued media response, including reference to campus update

DB email All Campus Update (and sent to Chancellor/SBHE shortly before), stating SBHE investigation is welcomed and
I believe I am coming to a greater understanding of where some of the media coverage is tangled. Last Tuesday, NDSU issued a statement
rescinding the guidelines, and in it, I said I was profoundly disappointed when I learned the facts about this issue. It appears that this comment has
been interpreted to mean that I was disappointed in the new guidelines, when in fact, I was disappointed in the process. Because of this interpretation,
some people believe that my initial support of the guidelines over the weekend cannot be reconciled with this statement. I can understand how some
misunderstood my meaning. The simple truth remains that I was disappointed in the process.
Here are the facts:
Friday, July 29: Guidelines were released without my knowledge. I had not been consulted about them in advance.

8/12

Friday-Sunday, July 29-31: I supported the athletics staff based on my understanding of the facts at the time.
Monday, Aug. 1: Other university officials looked into the matter and informed me that the guidelines had not been included in the original
bid information in February, and that such guidelines were not as common as I had been lead to believe. Therese are the concerns that I
referenced in my statement on Tuesday.
Tuesday, Aug. 2: I directed the staff to rescind the guidelines. I had been keeping the Chancellor informed throughout the weekend, and on
Tuesday, I informed the Chancellor and State Board members about my decision, including the following: After further study over the past
two days, Ive learned much more about this matter. My initial understanding of the situation, as it was described to me, was not accurate.
Although I grasp the direction and ultimate goals of our Athletic Department regarding this matter, their process was flawed to a level that
requires an immediate revocation of the media policy pending further study.

DB interview with Forum Reporter McFeely Excerpt from article:

Thursday, in his office in Old Main, I asked Bresciani if he was concerned about an investigation.
"Not only am I not concerned, but I know what the answer is going to be: I didn't know. When I found out the facts of the matter, I reversed the
decision and in a very timely and efficient manner," Bresciani said. "I actually welcome it, because it will be an objective third party looking at it
rather than me trying to prove that I didn't know something. Of course if you're a cynic, you're going to be questioning whether I'm still being honest
or not. So having a third party look at it will be very helpful."
Bresciani said the confusion over whether he actually supported the rules before rescinding them comes from the incomplete nature of electronic

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Description (Individuals referenced by initials see key at end of this Timeline)

communication and from his misunderstanding on two important points: Whether the new rules were part of the bidding process for broadcast rights
(they weren't) and whether they were common in college athletics (they aren't, particularly in Football Championship Subdivision).
KVLY-TV was awarded the football contract, Midco Sports Network won the basketball TV rights and Radio FM Media won the radio contract for
all sports. Forum Communications Co. took part in the bidding.
"I think it's a classic example of when you don't know the timeline and that 75 percent of the conversation wasn't in texts or e-mails," Bresciani said.
"All of us know with texts and e-mails, they are easy to misinterpret or interpret subjectively and have the facts be otherwise.
"I didn't know anything about the policy. When I asked about it and learned there was some sort of outrage forming about it in social media, I was out
of town. I called and asked whether the policy had been part of the bid package and was given the impression it had been. I asked 'Is this a common
policy?' and was told yes, relatively common. Not ubiquitous, but relatively common. I got back to campus at the beginning of the week and fairly
quickly learned that the impressions that I had were not accurate. And that's the point that I realized we had not followed a process where these things
were vetted throughout the university, starting and ending with me."
Are media guidelines something Bresciani would normally be involved with or would he be inclined to leave that decision up to Larsen and the
athletic department?
"My style as a leader is to give a lot of responsibility to the people who report to me, and if they make a mistake we deal with it and we move on. I
give the people who report to me the authority to make those decisions, but it's built on the premise of if that decision is going to have an impact that
may be broader than your specific area or may spill over into the entire university's reputation, then I think my reports would know they better run it
by me because at the end of the day I'm the one that gets blamed for everything that happens at NDSU," Bresciani said. "In this case, that obviously
didn't happen because this had sweeping implications for the university's reputation, and we would've approached it in a very different way than what
it took place and the process that was used."
I asked Bresciani whether he felt misled by the answers he received from the athletic department.
"I think they interpreted common practice very differently than I would have. I meant common practice at the FCS level. And, frankly, even if it was
common practice at the FCS level, I would have approached this more carefully. Just because it's fine for the rest of the country doesn't mean it's fine
for Fargo, North Dakota," Bresciani said. "I think they were interpreting for a program at our point in their maturation that these are fairly common.
But again, we're an FCS program. We may be a fairly unique FCS program, but we're an FCS program. The complexity of that is exactly why the
process should have been a broad vetting of this and to talk through it. What are going to be the reactions to and implications of this? And that's
where the process wasn't nearly adequate for what was being proposed."
Individuals referenced by initials in Timeline:

!
DB Dean Bresciani ,NDSU President
CW Chris Wilson, NDSU Chief of Staff
ML Matt Larsen, NDSU Director of Athletics
MH Matt Hammer, Deputy AG (at NDSU)
TP Todd Phelps
RP Ryan Perrault, Director of Athletic Communications
Chancellor Mark Hagerott (same initials as Matt Hammer)
BB Bruce Bollinger, NDSU Vice President for Finance and Administration

LM Laura McDaniel, NDSU Assoc VP, University Relations

TG Troy Goergen, NDSU Sr Assoc Dir of Athletics-External Operations
JJ Jeremy Jorgensen, NDSU Athletics, Director of Sales and Marketing
SW Stacey Winter, NDSU Director of Purchasing
JS Justin Swanson (JS), Athletics Director of Marketing
KH Kathy Hawken, Legislator
JG John Glover, President NDSU Alumni Association