Several weeks later, on July 5, the reporter sent Martin an email detailing her allegations, including screen shots of texts in which Hufnagel had suggested he'd like to have sex with her. Martin passed the allegations to UC Berkeley's Athletics Department the next day, which in turn sent the case to the campus Office for the Prevention of Harassment and Discrimination.
The journalist told investigators that Hufnagel began sending suggestive texts two weeks after she met him in November 2015 and that "90 percent of the harassment was by text."
Her complaint centers on an incident that's said to have occurred before Feb. 23, 2015, when she met Hufnagel after a Cal men's basketball game. The complainant said she had been trying to meet with Hufnagel for coffee but that after the game Hufnagel insisted on going to a bar, and the pair visited Jupiter, in downtown Berkeley. Over the next hour and a half, she told investigators, Hufnagel had two beers, then asked her to drive him home because he was too drunk to drive. After refusing at first, the woman agreed to drive Hufnagel home.
Here's how the report describes the complainant's account of what came next:
Complainant recalled driving Respondent [Hufnagel] to his apartment —a street corner she described as being busy. Complainant said Respondent opened his apartment building’s community parking garage for Complainant to drive her car into. Complainant said she did drive into the garage because there was no place on the street to pull over. Complainant said, once in the garage, Respondent directed her to park in a designated spot—an elevator-operated “lift” spot which would have suspended her car above the ground. Complainant said she did not park in the spot and felt Respondent was attempting to control her ability to leave. She recalled telling Respondent that she was just going to turn around; to which Respondent responded, “You’re coming up.” Complainant said she said, “No. I’m going to leave now,” but Respondent kept insisting. Complainant said she asked Respondent, “Are you thinking that I’m going to have sex with you?” to which Respondent said, “Yes.” Complainant recalled telling Respondent, “Not going to happen ... you and I are professional colleagues ... not interested in you.” Complainant noted that at that point the garage door was closed behind them with her car inside and Respondent indicated that he did not intend to let her out of the garage. Complainant recalled that she felt scared and ordered Respondent, “Let me the fuck out of here.” She recalled Respondent “talked about oral sex,” “[Complainant] giving him oral sex.” Complainant estimated remaining in the garage with Respondent for about 15 minutes. During that time, Complainant recalled being in the car for most of the time and Respondent being out of the car for most of the time. Complainant said Respondent did not touch her on that occasion or any other occasion.
However, Hufnagel told investigators he had asked the reporter out several days before the night in question. The report says he "acknowledged that his invitation 'was a sexual advance.' Respondent said, 'In the back of my mind I was like ... obviously [Complainant]’s willing.' "
In his initial account to investigators, Hufnagel denied drinking while the two were at the bar because he had to drive home:
"Respondent recalled that Complainant drank tea and thinking in the back of his mind that she was 'the lamest girl ever," the report says. "Respondent said that he drove Complainant from Jupiter to his apartment and that they were at the apartment building briefly. Respondent said that he asked Complainant if she wanted to come upstairs and she said no. Respondent said that he then drove her back to her car, parked at a lot on UC Berkeley’s campus between Channing and Haste on Ellsworth. Respondent asserted that the only time he ever spent any time with Complainant was on the Jupiter night. Respondent said that after that he realized that she was 'a total ditz' and 'not a good fit.'
But Hufnagel changed his story after an investigator provided details of the reporter's complaint against him. Among other things, Hufnagel gave a different account of what happened when he and the reporter got to the apartment house garage:
"Respondent did recall that Complainant was with him when he positioned his car to park it in the elevated parking spot and tried to park it there when Complainant asked what he was doing. Respondent said, at that point, he suggested that he and Complainant go upstairs. Respondent explained, “With all candor, I was trying to trick her into going upstairs.” Investigator 1 asked him if he had sexual or romantic intentions at that point with respect to Complainant; and Respondent replied, “Yes.” Respondent acknowledged that after they had a conversation about going up to his apartment, he asked again and it was possible that during that conversation Complainant asked Respondent whether he thought they were going to have sex and Respondent replied affirmatively."
The investigators' report says Hufnagel acknowledged that a long series of texts he sent to the reporter, including suggestions he'd like to have sex with her, were "inappropriate." But the report says Hufnagel described the messages as part of his "playful" relationship with the journalist.
The investigators' found Hufnagel had violated Berkeley's policy against sexual harassment. That conclusion prompted Martin, the Cal men's head coach, to announce Monday he was moving to dismiss Hufnagel.
Hufnagel's response? Here's what he had to say Monday, before UC Berkeley released the investigators' findings:
