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NBA Report Confirms Mavs' Widespread Workplace Misconduct

Marshall in her seven months with the organization has reportedly already made significant changesMAVERICKS

The NBA's seven-month investigation into the Mavericks' organization confirmed "numerous instances of sexual harassment and other improper workplace conduct" over the past two decades, according to a front-page piece by Brad Townsend of the DALLAS MORNING NEWS. Mavericks Owner Mark Cuban was not implicated "in the perpetrator's actions," but the report "cited 'significant errors of judgment' on his part and 'institutional failures' under his watch." cited for "no wrongdoing ... beyond 'significant errors of judgment.'" Cuban did agree to contribute $10M to "organizations committed to supporting the leadership and development of women and combating domestic violence." The Mavericks were "not levied any basketball-related penalties." During an at-times emotional interview on ESPN, Cuban "apologized to the women who had been victimized during his 18-year ownership tenure." Townsend reports the investigation found "improper workplace conduct" toward multiple female employees by former Mavericks President & CEO Terdema Ussery and former ticket sales exec Chris Hyde. It also confirmed "two acts of domestic violence by former Mavs.com reporter Earl Sneed, including one against a team employee." NBA Commissioner Adam Silver commended the Mavericks organization for the "sweeping cultural and structural changes that have been made during the past seven months under CEO Cynthia Marshall" since SI first reported the claims. However, Silver also called the findings "disturbing and heartbreaking." Townsend notes the report by investigators Anne Milgram and Evan Krutoy concluded that the Mavericks' exec leadership was "ineffective, specifically in terms of setting compliance and internal controls." The report also included "13 recommendations for changes in the Mavericks organization." Milgram said that the organization is "well on its way to completing most of those changes." Cuban was "not present" at a news conference yesterday in Dallas, as he has been in L.A. most of this week, "taping 'Shark Tank' episodes" (DALLAS MORNING NEWS, 9/20). Cuban yesterday said Silver did not talk to him about selling the team, nor did he consider selling the team ("The Jump," ESPN, 9/19).

ADDED MEASURES: In N.Y., Carron Phillips notes the NBA is "requiring the Mavericks to provide the league with quarterly reports regarding the recommendations set forth in the report and their implementation, immediate reports of any instances or allegations of significant misconduct by any employees, and enhanced and updated annual training sessions for all staff on issues related to domestic violence, sexual assault, and sexual harassment." The report also "recommends that the Mavericks increase the number of women on staff, especially in leadership positions," as well as implement "regular anonymous employee surveys, and expand and improve the Human Resources department" (N.Y. DAILY NEWS, 9/20).

AN IMPORTANT HIRE: Marshall said her "values matter" and before taking the position with the Mavericks, she wanted to make sure she "wasn't walking into something that really could not be fixed." She said she wanted to "make sure I wasn't working for an owner that didn't share the same values that I share." Marshall: "I found out in talking to him and spending a lot of time with him we shared the same values." Marshall said Cuban told her it "was my mandate to transform the culture." When asked what the scope of her mandate was, Marshall said, "Our deal was, you own it, I run it. And he stuck with that." ESPN's Tim MacMahon said, "Cuban has taken significant steps, and the most significant step that he's taken is the hiring of Cynt Marshall ... and giving her, as he put it, ‘carte blanche,’ complete control. She really has completely overhauled the culture of that organization." ESPN's Zach Lowe: "You just wish it wouldn't take a mandate to diversify your hiring and to look at the kinds of people you have in positions of power, because the stuff in this report is outrageous" ("The Jump," ESPN, 9/19).

BEING PROACTIVE: ESPN's Rachel Nichols asked Cuban what he would tell other NBA team owners about looking into their organizations for possible misconduct. Cuban said, "You have to sit down and talk to people that you typically might not have spoken to, and you also have to recognize that they're not going to be forthright with you because if you're the owner of the team, people might not always feel comfortable." Cuban said the Mavs "had to bring people in from the outside to talk to everybody" and it is a "smart business move to bring somebody in from the outside, not in response to a problem but proactively to make sure that there's not a problem brewing" ("The Jump," ESPN, 9/19).

NOT A GOOD LOOK FOR CUBAN: In Dallas, Sharon Grigsby in a front-page piece writes Cuban's absence from yesterday's press conference was a "terribly, massively disconcerting note in what otherwise has been an organization that, since Marshall was hired in February, has done the right thing." Grigsby: "Cuban flying back to Dallas would have sent an emphatic 'I get it' message; his absence leaves me tapping the brakes on that one." The Mavericks franchise -- "particularly the women in that operation and women in Dallas -- deserved better" (DALLAS MORNING NEWS, 9/20). Also in Dallas, Kevin Sherrington writes Cuban's absence "seemed appropriate, given that he's been MIA on the business side for most of his tenure as owner, apparently" (DALLAS MORNING NEWS, 9/20). The MORNING NEWS' Cowlishaw writes Cuban is so "involved in this new culture that he couldn't make it to Dallas for the news conference that wrapped up the investigation conducted by a group that he hired." Cowlishaw: "Isn't his absence from the news conference more than a footnote?" (DALLAS MORNING NEWS, 9/20).

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