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Notre Dame President: School Responsible In Declan Sullivan's Death

TOM COYNE   11/ 5/10 06:48 PM ET   AP

Declan Sullivan Photo

SOUTH BEND, Ind. — The president of the University of Notre Dame sent an e-mail to students, faculty, staff and alumni Friday saying that the school is responsible for a student videographer's death because it failed to protect him.

"Declan Sullivan was entrusted to our care, and we failed to keep him safe," the Rev. John Jenkins wrote. "We at Notre Dame and ultimately I, as President are responsible. Words cannot express our sorrow to the Sullivan family and to all involved."

Declan Sullivan, 20, a student videographer was killed Oct. 27 when a hydraulic lift he was on toppled over while he was filming football practice. The National Weather Service reported a gusts of up to 51 mph at the time. The school and state regulators are investigating the accident.

Jenkins also voiced support for football coach Brian Kelly, who has said it was his decision to hold practice outdoors on the day that Sullivan died.

"Coach Kelly was hired not only because of his football expertise, but because we believed his character and values accord with the highest standards of Notre Dame. All we have seen since he came to Notre Dame, and everything we have learned in our investigation to date, have confirmed that belief," he said. "For those reasons, I am confident that Coach Kelly has a bright future leading our football program."

Kelly has had a difficult first season, going 4-5 so far with disappointing losses to Navy and Tulsa.

The state is looking at whether federal and state workplace safety rules and industry standards, including a federal Occupational Safety and Health Administration rule barring workers from using scaffolds during storms or high winds, might have been violated. Authorities also planned to review whether Sullivan received training before using the scissor lift.

Marc Lotter, the Indiana Department of Workforce Development spokesman, said Friday he did not have a timetable for when the state investigation would be complete.

Jenkins also said the school's investigation is continuing and warned against prejudging its results.

"Investigations and external reviews such as this take time, but I assure you that, when complete, we will issue a public report on the outcome, including information on the events of the afternoon of Oct. 27, any institutional ramifications, and recommendations for safety policies in the future," he wrote.

He also said Notre Dame has hired Peter Likins, the former president of the University of Arizona, to provide an independent review of its investigation. Jenkins called Likins a "world-renowned" engineer.

A funeral service for Sullivan, a junior film student from the Chicago suburb of Long Grove, Ill., was held Monday at the St. Mary Catholic Church in Buffalo Grove, Ill. The school held a memorial Mass for Sullivan the day after he died.

Jenkins said the loss of any student is always a cause for great sadness, but said Sullivan's loss was especially hard.

"This loss is more devastating, for Declan died in a tragic accident while in our care," he wrote. "For that, I am profoundly sorry."

Sullivan's uncle, Mike Miley, who has been serving as family spokesman, said the family didn't have any comment, saying it wanted to stay out of the way as the investigation continues.

Notre Dame (4-5) does not play on Saturday. Its next game is Nov. 13 against No. 6 Utah (8-0).

___

Online:

Jenkins letter: http://newsinfo.nd.edu/news/17375/

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SOUTH BEND, Ind. — The president of the University of Notre Dame sent an e-mail to students, faculty, staff and alumni Friday saying that the school is responsible for a student videographer's d...
SOUTH BEND, Ind. — The president of the University of Notre Dame sent an e-mail to students, faculty, staff and alumni Friday saying that the school is responsible for a student videographer's d...
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10:09 AM on 11/09/2010
It's a shame that an ounce of common sense could have saved this kid's life.
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paulwl
08:53 AM on 11/08/2010
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
How much is the question.
07:32 AM on 11/08/2010
No kid in the macho environment of football is going to refuse to work. Even if it means going up in a tower in the face of sustained 40 mph winds. That is why we have adults around. Colleges all over the Midwest canceled practice or took it indoors that week. N.D. Coach Kelly should do the honorable thing and step down. Otherwise he should be removed.
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thepoliticalcat
Eradicate your microbioflora
02:57 PM on 11/07/2010
Nice to see that Notre Dame treats its students better than Rutgers. Rutgers has yet to admit any responsibility in the death of Tyler Clementi.
06:46 PM on 11/07/2010
That's a different situation, while just as tragic. Rutgers should apologize, but Mr. Clementi did not die while working for the university under extremely unsafe conditions.
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amanda can
09:09 AM on 11/09/2010
Rutgers owes no apology about the Tyler Clementi situation. The blame there lies totally in the hands of the two students who violated his privacy.
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thepoliticalcat
Eradicate your microbioflora
12:57 PM on 11/09/2010
Tyler alerted Rutgers to his situation. It is not clear that they moved with any speed to protect or reassure him.
11:48 PM on 11/06/2010
I suspect that Jenkins accepted responsibility after being told be school lawyers that student was employee of school and school liability is limited to workers compensation.
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ginger-kid
11:07 PM on 11/06/2010
Is it just me or does anyone else find the addition of the recent Notre Dame games and scores kind of tacky? The story is about a student who died, not about the upcoming game.
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Benedictus70
11:51 PM on 11/06/2010
Ha, I didn't even notice that. I guess when you're so used to reading articles on ND, random football news doesn't even register as it's so common.
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Dunkleberger Karl
Historian,Humanitarian,Hedonist.
12:10 AM on 11/07/2010
Alumi dont contribute to a loosing team , with a Dead water boy!
05:47 PM on 11/06/2010
What a complete cop-out. Here is what this poor kid tweeted just prior to his death:

"Holy f***. Holy f***. This is terrifying."

Are we supposed to believe that Coach Kelly couldn't see his predicament? He was 50 feet in the air right outside the end zone. The coach bears ultimate responsibility for what goes on at his practice.

This has certainly been a banner year for Catholic institutions upholding the principle of personal accountability. Well, at least Coach Kelly hasn't molested any children (that we know of). Otherwise, I'm sure they would have transferred him to another "parish".
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10:20 PM on 11/06/2010
It is never a "complete cop-out" to accept responsibility for something you've done wrong. Few enough people do it, especially when someone dies. Accepting responsibility and apologizing are the exact opposite of a cop-out. I wish more people had the courage to speak these words, to own their actions.
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Dunkleberger Karl
Historian,Humanitarian,Hedonist.
05:39 PM on 11/06/2010
Coach Kelly directly contributed to this young persons untimely death!
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04:12 PM on 11/06/2010
Massive tuition hikes due to the enormous payout of the lawsuit
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Dunkleberger Karl
Historian,Humanitarian,Hedonist.
05:41 PM on 11/06/2010
Perhaps the sports staff could assept a 10% cut in pay for 3 years (the year Declan would be getting his first real job)Just to say thy are sorry!
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Dunkleberger Karl
Historian,Humanitarian,Hedonist.
12:12 AM on 11/07/2010
Sounds like a problem , with a lawyer!
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Joe The Nerd Ferraro
Group IQ is inversely proportional to group size.
02:59 PM on 11/06/2010
Condolences to the family.

ND is doing right by issuing a quick apology.
I am sure the lawyers apoplectic, but it is the right thing to do in this family's time of pain.
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Dunkleberger Karl
Historian,Humanitarian,Hedonist.
12:13 AM on 11/07/2010
Feild goal Jesus turns his back on the coach!
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Joe The Nerd Ferraro
Group IQ is inversely proportional to group size.
09:33 AM on 11/07/2010
c'mon that is uncalled for. this is a tragedy.
i won't make light when a family is hurting like this.
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firstcougar1
Not what you think . . .
02:52 PM on 11/06/2010
It is nice to see an entity of any kind to stand up and say they were wrong. It happens so infrequently. My prayers go out to the family, friends, community and university.
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CraigVale
02:46 PM on 11/06/2010
No wonder the screaming mimis on the right want tort reform. Here we have an adult, in college, persumably bright enough to make a decision for himself as to whether or not the wind was blowing too strongly and he chose to go up and film in spite of the weather. I don't necessesarily absolve the university of all responsibilty but what was this student thinking ? I can hear my mother now. Just because your friend Johnnie decieds to jump off the bridge does that mean your stupid enough to do it too? " Clear as day, like she said it yesterday ..... opps it WAS yesterday !!
04:12 PM on 11/06/2010
He may have technically been considered an adult at age 20 but he was still very young, not long out of high school. I think it would have been very difficult for someone in his position to say no to the coaching staff at Notre Dame. I once worked at a large university; you'd be surprised at how intimidated students can be by their professors and other college staff members.

He sent tweets shortly before his death expressing his fear and called the winds "terrifying" so he did have real concerns. I'm sure he wouldn't have been up there unless he felt a lot of pressure to do so. Blaming him and calling him stupid seems unnecessarily judgemental and hurtful.
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Dunkleberger Karl
Historian,Humanitarian,Hedonist.
05:45 PM on 11/06/2010
When you are told to "do this or you are fired" and your room and board are past due, ad you have no food , cause you sold your meal card t pay for new shoes cause your old ones wore out! You bet he stayed , this kid had guts, as the EMTS could attest to! children under 23 do bizzar things if a stranger asks them to, If a coach told them it was safe , then it must be safe! Peaple in authority are reponsible! Or they are just bullies without authority , just alot of POWER!
02:45 PM on 11/06/2010
The death of this student was due to the stupidity of everyone involved including him. It would be nice if all universities, students and their parents stopped promoting a game which causes horrific head injuries which have life long consequences.
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Mark Lewis
journalist, writer, runner, lover
02:13 PM on 11/06/2010
the vatican could learn a thing or two from the Notre Dame administration
01:55 PM on 11/06/2010
It is truly refreshing to see an organization take responsibility in such a matter. Though tragic in its outcome, it was in fact a typically human lapse in judgment that becomes much easier to forgive when accounted for with such humility.