Rape

Waco PD Took “Extraordinary Steps” to Keep Baylor Football Accusations Quiet, School’s Apology Rings Hollow

Bombshell report says Baylor officials and coaches retaliated against rape accusers, but is maddeningly vague and short on details.

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Baylor
Aspenphoto/Dreamstime.com

Baylor University released a report yesterday summarizing an investigation conducted by the law firm Pepper Hamilton which found a systemic cover-up of multiple rape and assault allegations against the private Christian university's football players by administrators and the coaching staff. The report reveals how the school's culture of protecting its cash-cow football program trumped all other concerns, including those of the victims of alleged sexual assault. 

What is not in the report, but which was exposed by ESPN's Outside the Lines last week, is that the Waco Police took "extraordinary steps" to keep at least one alleged incident of non-sexual assault by a Baylor football player from public view, "given the potential high-profile nature of the incident."

Outside the Lines obtained a police report which showed that an investigating officer had the case "pulled from the computer system so that only persons who had a reason to inquire about the report would be able to access it," and that the case was then kept in a locked office. Another case alleging sexual assault by a high-profile player was kept in "open-case status" indefinitely, which per Texas law keeps it from public scrutiny.

The show also reports:

Waco police spokesman Patrick Swanton told Outside the Lines on Tuesday that detectives can pull certain cases from public view for privacy concerns and that it has happened before in cases that have no ties to Baylor.

"Was this done specifically because this was a Baylor case and because it involved Baylor football players? I can't tell you that," he said. He said Waco police do not have a policy to contact Baylor officials when they suspect a student of involvement in a crime; he said there are times when it is appropriate, but doing so does not yield special treatment.

But this is the very definition of "special treatment." As my colleague Robby Soave has argued here at Reason, rape is a violent crime "best left to law enforcement" to investigate, but the Waco PD's deference to the "high-profile" football players they were obligated to investigate may have contributed to a chilling effect which discouraged other alleged victims from coming forward.

As for Baylor itself, the university is clearly trying to shape a narrative that they recognize an institutionalized problem, but that they are capable of handling it internally. Board of Regents chair Richard Willis said that he was "horrified by the extent of these acts of sexual violence on our campus" which "shocked and outraged" the board, and though the report contains numerous disturbing findings, it is unforthcoming with important details, as well as the names of university staffers who participated in the cover-up.

Baylor's press release begins with an apology to "Baylor Nation" and an announcement that football coach Art Briles is suspended with "intent to terminate" and school president Ken Starr (the former special prosecutor who vigorously went after President Bill Clinton over perjury relating to his sexual relationship with intern Monica Lewinsky) has been removed from his post but will remain with the school as chancellor and a law professor (with a reported focus on "fundraising and religious liberty"). Additionally, Athletic Director Ian McCaw was "sanctioned and placed on probation."

However, the rest of the text reads like a euphemistic sleight-of-hand presenting a contrite institution set on reforming itself from within, but is maddeningly unforthcoming with vital information.

In the Board of Regents' "Findings of Facts," the school's efforts to "provide a prompt and equitable response under Title IX" to "consistently support complainants" were deemed "wholly inadequate." Also, two administrators were found to have "directly discouraged complainants from reporting or participating in student conduct processes" and that "in once instance, those actions constituted retaliation against a complainant for reporting sexual assault."

This is head-exploding outrageous stuff, but what good is it without naming names or spelling out the actions themselves? "Retaliation" can mean a lot of things, and without a full public accounting of this deplorable activity, Baylor's apology rings hollow. 

One particular portion of the report describes multiple examples of alleged sexual assault by members of the football team, which led to "football coaches or staff [meeting] directly with a complainant and/or a parent of a complainant," and "As a result, no action was taken to support complainants."

Again, why the continued secrecy? Was it Briles, a wildly popular and successful head coach, or a junior team staffer acting upon his behest? And what was the nature of these meetings? Did these constitute intimidation, as well?

The press release makes predictable promises of self-reform such as "committing sufficient infrastructure and resources to the Title IX office, conducting a "review [of] all cases of interpersonal violence over the past three academic years," requring annual training "for all students, faculty, employees and contractors, with additional trauma-informed training for implementers, investigators and adjudicators," "revisit[ing] protocol for sharing information between Waco Police Department and Baylor University Police Department," and a pledge to "establish dedicated victim-advocacy service."

In other words, pouring more money and adding more bureaucracy to a system which has already repeatedly demonstrated that it can't be trusted to do the right thing, and which valued its football program over any sense of integrity or "Christian values." 

The authors of the report pat themselves on the back by declaring, "This statement contains the salient findings, which are being shared publicly to reflect transparency and accountability," but near the bottom of the press release, it is made plain that Pepper Hamilton relayed its investigative findings to the Board of Regents verbally at a meeting earlier this month and that "no written report has been prepared."

Keeping secret the highly relevant names and deeds of those responsible for this situation is bad enough. The fact that this investigation hasn't even yielded a written report works very much in favor of an institution which would like the public to believe that it has found religion (so to speak) and will never stray from the path again.

There's a whole lot of "transparency and accountability" not being pursued here.

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96 responses to “Waco PD Took “Extraordinary Steps” to Keep Baylor Football Accusations Quiet, School’s Apology Rings Hollow

  1. SPOILER: Ned Stark dies.

    1. They quit fighting because they discovered their mothers had the same name.

  2. *taps foot*

    Rico, you’ve got some ‘splaining to do.

  3. And Soave wants cops to be more involved in rape cases? No way. Colleges are the only institutions we can trust to handle accusations fairly.

    /sarc

    1. http://www.slate.com/blogs/xx_….._them.html

      The Crisis at Baylor Proves Colleges Should Handle Rape Cases, Not Leave Them to the Courts

      1. *facepalm*

        I really thought I was going over the top with that remark.

        1. not even close

        2. Nothing is over the top anymore.

        3. Seems like many of the commenters there see how much derp that editorial was.

      2. Beyond. Parody.

        1. you can’t parody progs. No matter how insanely silly you get, there’s someone, somewhere, saying it for real (usually an Ivy League professor).

          That’s why there is no conservative version of The Onion.

          1. The Onion did pretty good with their “women and children hardest hit” bit, but I guess that was a while ago.

      3. obviously there are some idiots with a microphone that shout this nonsense, but surprisingly i’ve found that even most liberals tend to think this is a law enforcement issue and reject such editorials.

  4. Rape this, rape that. It’s Texas, right?

    I know this is really upsetting to millennials, but back in the ’80s, everyone was getting raped by football teams.

    College, high school, even Pop Warner.

    It was a terrible time not to be on a football team.

    And that wasn’t the only thing that was wrong with society before the millennials showed up. Back in the day, people were insensitive about which restroom the trannies were supposed to use when they had to take a leak.

    Once the millennials and social justice warriors finally take over, no one will ever get raped again. And when someone on the football team does rape somebody, school administrators and coaches will never try to hide it from boosters, alumni, donors, governing bodies, or the media.

    . . . because millennial. . . . and social justice.

    1. And always, professional sports franchise businesses have been raping taxpayers with subsidized stadiums.

      Do turtles rape? Apparently so.

    2. I know this is really upsetting to millennials, but back in the ’80s, everyone was getting raped by football teams.

      Uhh…your 80’s were definitely different than my 80’s, dude.

      1. My 80s were full of women wearing high-waisted Jordache jeans eventually being raped by football teams.

          1. *looks up concupiscent in trusty pocket dictionary*

            Agreed.

            1. +1 Emperor of Ice Cream

          2. HM, if you don’t have “gluteal connoisseur” on your business card, you need to add it pronto. It’s important.

            1. I’ll contact HR (or whoever the hell printed up my cards) today.

            2. “Connoisseur of the Callipygian” has an alliterative ring.

            3. Won’t an ASSMAN license plate work just as well?

  5. My hunch here – Miles will be fired, but no one from the Waco PD will be.

    1. *Miles was fired.

      1. *Briles. Get it together, homey.

  6. Behold the corruption of government prosecution!

    If victims (or their guardians, heirs, etc) prosecuted and courts were privately hired, government wouldn’t have the power of selective prosecution, police wouldn’t have the power of selective arrests, and judges wouldn’t have all of them applying pressure.

  7. As my colleague Robby Rico Soave has argued here at Reason…

    And, Anthony, do you really want to highlight this sort of thing publicly?

    1. Hey, some feminist at Northwestern might something awful tomorrow!

      And that will be very, very, very important.

      1. I meant that he was colleagues with Soave.

  8. … the Waco PD’s deference to the “high-profile” football players they were obligated to investigate may have contributed to a chilling effect which discouraged other alleged victims from coming forward.

    Patronage system – rapidly transitioning, or already there? Discuss!

  9. But sports build character.
    [/snark]

  10. “””private Christian university’s”””

    I think they worship football at Baylor, so this should be “private football university”

    1. Football is pretty much the state religion of Texas.

    2. This is certainly more of a football thing than a Christian thing. I went to a similar school (TCU) and we had a football sex scandal when I was there.

      It was closer to the Louisville type of scandal though (hookers for recruits). I was upset. Hell, I’m on scholarship too (academic), where’s MY ho?

        1. “Hi there, hon, I’m the best thing between covers since *Being and Time.*”

  11. I’m underwhelmed by the complaints thus far. The initial teasers claimed no one has been expelled even though some of the accused were sentenced to long prison sentences. Isn’t this what we want? If they’re in jail who cares if they’re officially “expelled”? Are we concerned they’ll show up on class-release? Are we supposed to be worried the ones who aren’t in jail weren’t expelled? Why? We’re supposed to presume this was appropriate because other people were guilty of different crimes?

    The most serious claim was intimidation not to report, but as this article notes we have no idea what actually happened. Is this Sabrina Rubin Erdely’s type of language where not expelling someone immediately upon an accusation is “intimidating”? Who knows?

    Let’s try to get through the bullshit before signing onto the outrage parade.

    1. Yes. Suddenly a Reason writer believes everything about a Title IX brouhaha even though it has been so extensively shown to be a politically motivated circus.

      1. No “suddenly” about it. The Reasennials have had the presumptions and burden of proof upside down on this before.

  12. “Was this done specifically because this was a Baylor case and because it involved Baylor football players? I can’t tell you that,” he said. He said Waco police do not have a policy to contact Baylor officials when they suspect a student of involvement in a crime; he said there are times when it is appropriate, but doing so does not yield special treatment.

    But this is the very definition of “special treatment.” As my colleague Robby Soave has argued here at Reason, rape is a violent crime “best left to law enforcement” to investigate, but the Waco PD’s deference to the “high-profile” football players they were obligated to investigate may have contributed to a chilling effect which discouraged other alleged victims from coming forward.”

    What [“this”] is the very definition of special treatment? Where do you show deference, let alone “special” deference to football players?

    1. In the Board of Regents’ “Findings of Facts,” the school’s efforts to “provide a prompt and equitable response under Title IX” to “consistently support complainants” were deemed “wholly inadequate.” Also, two administrators were found to have “directly discouraged complainants from reporting or participating in student conduct processes” and that “in once instance, those actions constituted retaliation against a complainant for reporting sexual assault.” …

      “One particular portion of the report describes multiple examples of alleged sexual assault by members of the football team, which led to “football coaches or staff [meeting] directly with a complainant and/or a parent of a complainant,” and “As a result, no action was taken to support complainants.”

      Given the shifting definitions, what’s been called “concept creep”, the dubious baseline, and the violations of due process (directed against the defendant) the “adequate” system of Title IX is supposed to stand for (see “Dear Colleagues”), it’s not possible to tell with certainty, whether they had reasonable system going, or an unreasonable one.

      I didn’t check any of the linked material. Based on this your intepretations, speculations, and emotionality seem out of place.

      1. Given the shifting definitions, what’s been called “concept creep”, the dubious baseline, and the violations of due process (directed against the defendant) the “adequate” system of Title IX is supposed to stand for (see “Dear Colleagues”), it’s not possible to tell with certainty, whether they had reasonable system going, or an unreasonable one.

        That’s kind of what I was getting at below. It’s impossible to know if Baylor’s conduct here was really outrageous or not thanks to the OCR’s ridiculous interpretation of Title IX.

    2. rape is a violent crime “best left to law enforcement” to investigate, but the Waco PD’s deference to the “high-profile” football players

      Doesn’t refute the idea that violent crimes are best left to law enforcement. The alternative is universities, after all. Of the two, which is better suited to deal with violent crime?

      The idea that these football players got special treatment by the cops, and Baylor University had nothing to do with it, is unlikely at best. More likely is that the cops backed off because of political pressure exerted by Baylor. So, implying that the organization that pressured to cops to go easy, wouldn’t go easy its own self, is . . . counterintuitive.

  13. If this had involved one or maybe two cases that the coaching staff legitimately believed was a bullshit accusation, I could at least sympathize with the coaches. This, however, seems to have involved multiple cases over several years. I certainly understand that women do lie about this things but not every women or even most of make these allegations. It amazes me how depraved these coaches and administrators were. At some point, even if they didn’t care about your players raping and assaulting women, you would think it would have pissed them off for no other reason than covering it up was such a pain in the neck. How does the coach not at leas say “hey boneheads stop assaulting women, it is a real pain and a lot of paperwork to save your sorry asses and I am tired of doing it”, if nothing else?

    The media is acting like this is some kind of watershed event that shows universities now care about women where they didn’t before this. I don’t think so. I think this is just a case of Art Bryles and Ken Star and the rest of the people in charge being epic scumbags. I think behavior this bad would have gotten them fired ten or even 20 years ago.

  14. Outside the Lines obtained a police report which showed that an investigating officer had the case “pulled from the computer system so that only persons who had a reason to inquire about the report would be able to access it,” and that the case was then kept in a locked office.

    I’m not familiar with the law here but doesn’t this seem sort of normal. Are cases normally uploaded to tumblr or left in open offices with public access.

    1. Those cases should have been delivered in a sealed envelope straight to the Baylor kangaroo court star chamber office of gender equality so that Baylor could do its proper job, adjudicating criminal acts.

      What a fucking farce this is.

    2. It is more than normal, it is required. IF a woman made an accusation and the university leaked the name or negligently allowed it to be leaked, she would have a wonderful claim against them under the Privacy Act. That sentence just shows the reporter, while she probably has a good story, doesn’t have any idea what she is talking about.

      1. That sentence just shows the reporter, while she probably has a good story, doesn’t have any idea what she is talking about.

        Par for the course, they usually have no clue.

  15. Waco police spokesman Patrick Swanton

    The same spokesman who was in front of the Waco Biker fiasco/murders.

    1. I had the same reaction – hey, that’s the lying shitweasel who ran interference on the biker shootout!

      1. At this point, “police spokesman” pretty much means “lying shitweasel who runs interference for cops.”

  16. What is comical is that the Title IX supporters are claiming that letting the football coaches handle these things internally puts the onus on people who aren’t trained to deal with these things to adjudicate… which is pretty much the same reason that these cases should go to the POLICE, not the Title IX people.

    1. If the coaches had handled it internally and railroaded innocent players off the team and out of school based on bullshit allegations, the Title IX clowns would have given Bryles an award. Bryles seems to be a legitimate asshole. But he is no worse than the Title IX people. He is just the Yin to their Yang.

    2. What is comical is that the Title IX supporters are claiming that letting the football coaches handle these things internally

      would be better, because the people most incentivized to sweep it under the rug and going to go all hard-ass throw-the-book-at-them?

  17. So now we have Fisher supporting the concept of these Title IX inquisitions even though he doesn’t know the details of any of the cases, and there is well known political pressure to “do something” about this “epidemic” of rape.

    But of course, it’s easy to go along with this when it confirms your biases about football and “Christian values”.

    1. So now we have Fisher supporting the concept of these Title IX inquisitions

      Where are you getting that?

      1. The overall tone of the article was entirely sympathetic to the damning of Baylor. The complaint about secrecy was a criticism of Baylor, not a defense of it. The piece just assumes and takes it for granted that Baylor is guilty. Kind of like how Title IX treats men.

        How about these quotes:

        The report reveals how the school’s culture of protecting its cash-cow football program trumped all other concerns, including those of the victims of alleged sexual assault.

        without a full public accounting of this deplorable activity, Baylor’s apology rings hollow

        In other words, pouring more money and adding more bureaucracy to a system which has already repeatedly demonstrated that it can’t be trusted to do the right thing, and which valued its football program over any sense of integrity or “Christian values.”

        Keeping secret the highly relevant names and deeds of those responsible for this situation is bad enough. The fact that this investigation hasn’t even yielded a written report works very much in favor of an institution which would like the public to believe that it has found religion (so to speak) and will never stray from the path again.

        1. The piece just assumes and takes it for granted that Baylor is guilty.

          And seeing that Fisher is not a magisterial officer of the court, that is his prerogative. Additionally, one can be critical of how Baylor conducted itself without agreeing with the perceived purpose Baylor felt they had to take those actions. For example, I may not agree with the United States’ choice to engage in an open-ended ‘War on Terror’, but that doesn’t mean I support the establishment of a Salafist Caliphate.

          Furthermore, none of those quotes seem particularly supportive of your thesis to me. Indeed, when Fisher wrote

          In other words, pouring more money and adding more bureaucracy to a system which has already repeatedly demonstrated that it can’t be trusted to do the right thing,

          that seems to me to be more critical of Title IX in that it is the motive force of this broken system that made Baylor feel it had to act in the way it did.

          1. Well of course it’s Fisher’s prerogative to write whatever he wants, just like every other writer. But that nevers keeps us from disagreeing nor criticising them.

            It’s difficult for me to understand how you can read the quote you mentioned and not think that it is a criticism of Baylor. What does he mean by “a system which has already repeatedly demonstrated that it can’t be trusted”? He means Baylor’s administrative system. How does he know that it can’t be trusted (repeatedly!)?

            1. It’s difficult for me to understand how you can read the quote you mentioned and not think that it is a criticism of Baylor

              It never said it wasn’t. Again, my point is that one can be critical of Baylor’s actions but not supportive of the reason they felt motivated to take them. The quote may be critical of Baylor, but it’s not necessarily supportive of Title IX, which was your original argument.

              1. Ok now I understand your point. But Fisher’s credulity reminds me of the culture surrounding Title IX.

                1. Well, that’s the whole problem, isn’t it? A private individual is (well, should be) in his or her own rights to a priori assume that a man is guilty. (Or a woman. Or a Black person. Or a Belgian. etc.) However, the state is prohibited from such a priori judgements. However, knowing that the state does its work through deputized individuals, in criminal cases the law requires a high standard of proof “beyond reasonable doubt” as a bulwark against those prejudices. Title IX allows educational institutions to treat a criminal matter with a standard of proof normally reserve for civil suits, “preponderance of the evidence”, which is no where as strict as the former. As such, personal prejudices and biases on the part of those tasked in investigating the charges have a greater effect on the outcome.

      2. My theory is he saw the bit about the police being the proper role for investigation and that even that was a farce. And then he steamrollered from there to, “Ohhhh, so you WANT college sex tribunals, EH? EH?”

        Hopefully this will be wrong.

        1. The entire report is about Title IX. The part about the cops is an aside put in by Fisher.

          Normally, Reason writers and the commentariat are very skeptical of Title IX proceedings. This is Title IX on steroids.

  18. In the Board of Regents’ “Findings of Facts,” the school’s efforts to “provide a prompt and equitable response under Title IX” to “consistently support complainants” were deemed “wholly inadequate.”

    The problem is, what exactly does this mean? We all know that under the Dept. of Education Office of Civil Rights interpretation of Title IX, it would seem that anything short of believing every word that an accuser says at face value and expelling the accused rapist – after a star chamber-esque due process free adjudication – is “wholly inadequate.” So, does this mean that Baylor’s football program really is “rape factory” where football players can have their way with any woman they want (or man, animal, pretty much whatever tickles their fancy), free of consequences? Or does it mean that they failed to fully believe accusations that were clearly “drunken hookups regretted the morning after” or he-said she-said? There’s no way to know for sure, and thanks to the OCR’s bullshit it’s difficult to know whether we should really be outraged or if this is an SJW witch-hunt.

    1. This seems like an entirely fair point.

    2. That is the problem with these standards. Lumping together everything from “I was kind of buzzed and he had sex with me” cases to legitimate violent rape cases makes it impossible to call out actual bad behavior. From what I have seen and read, this doesn’t appear to be just coaches not following the Title IC SJW dogma. Some of these guys got convicted of actual crimes. And the coaches ans school didn’t just ignore the complaints, they put pressure on the accusors to drop them. Moreover, the Waco police department was in on the scam. If this only involved bullshit buyer’s remorse kinds of cases, there would have been no need to get the police department to also ignore these cases since they would have any way. It seems to me at least this case involved credible accusations of actual crimes that were not investigated and sometimes actively suppressed by the coaches, the university and the Waco PD.

      It is a shame that this is being painted as a Title IX controversy rather than what it seems to be, an obstruction of justice issue.

      1. From what I have seen and read, this doesn’t appear to be just coaches not following the Title IC SJW dogma. Some of these guys got convicted of actual crimes. And the coaches ans school didn’t just ignore the complaints, they put pressure on the accusors to drop them. Moreover, the Waco police department was in on the scam. If this only involved bullshit buyer’s remorse kinds of cases, there would have been no need to get the police department to also ignore these cases since they would have any way.

        Fair points, I admittedly haven’t followed the story all that closely, I first heard about in the blurb from PM Links yesterday. I didn’t know that some of the accused had actually been convicted. And yes, some people need to be charged with obstruction of justice, I’d say. It sucks that the OCR has poisoned the well so thoroughly that you have to ask “Is this really as bad as it sounds at first?”

    3. There is one thing about this. Look up the statistics for sexual assaults at Baylor and compare it to the liberal-bastion Ivy League schools. More than one of the Ivy schools had 10 TIMES more assault complaints than Baylor.

      I will admit that the difference may be partially due to the idea that a Texas girl would respond to an unwanted smack on the butt with a right cross rather than a federal case, but that wouldn’t cover such a massive discrepancy.

      1. I don’t see how you can say Baylor had a sexual assault problem. It is not a small university. There are well over 10,000 students there. And we are talking about just a handful of cases over several years. Baylor has a football program problem. It is a shame that that problem is somehow being made to look like a overall sexual assault problem.

        1. Baylor has had an athletic department problem for a while. About a decade ago, their basketball program went through a scandal involving a player who murdered another player (along with a coverup of motives, etc.).

          This is nothing new there. It makes me embarrassed to call myself a Christian (even though there isn’t much that’s Christian about most colleges these days).

      2. Oh, those perfidious Yankees!

  19. You know, I’m mildly surprised by the lack of major media attention this has gotten. I guess I shouldn’t be though because it doesn’t QUITE fit the desired prog narrative.

    If this had been a (melanin-challenged) fraternity with these issues, it would be the lead story on all the networks every day until the election (combined with ‘This is why it’s ‘Time For Hillary!’ as an offhand aside, like it was so obvious that it barely needed to be mentioned, but just in case…)

    1. “Was this done specifically because this was a Baylor case and because it involved Baylor football players? I can’t tell you that,

      That’s how you do a non-denial denial.

  20. it’s like 1898 all over again. back then, fairly prominent journalist WC Brann got shot in a gunfight.

    https://en.wikipedia.org/wiki/William_Cowper_Brann

    1. Back then, Baylor was “A factory for the manufacture of ministers and magdalenes.” Now it’s simply a rape factory.

      My daughter is attending Baylor in the fall. Oh my oh my!!

  21. it’s not unexpected. the scandal that is, although the specifics are unexpected. any Texas program that gets a leg up on the Horns is brought down by scandal for about 40 years now. Cougars, check. Mustangs, check. Horned Frogs, check. Aggies, check. Bears, check.

  22. One important point – the “non-sexual” assault charge that was kept from public view – was kept from public view because it was made by someone with a history of repeated false claims.
    I have no problem with this, they investigated and there was absolutely nothing to corroborate. the allegation was made BECAUSE the accused was a football player, by an attention seeking fabulist.

    And, no, I don’t like Baylor football. They should be in all the trouble in the world over the actual sexual assaults.

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  32. College football players committing crimes, and then having their schools cover up for them, in Texas? Never would I imagine such a thing.

    As an alumni of a Texas college I can say with some experience that college football teams, particularly in Texas, are little more than legalized gang activity. This isn’t a rare or special case. Every team I’ve seen is essentially immune to all laws unless and until it ends up in the media like this. Mere assault is small time. Burglary, rape, even murder… it all has a way to being “a big misunderstanding that unfortunately involves a player”. Schools need their football programs and the point to which they have become dependent is sad, like watching a crack fiend destroy everything they know and love for one more hit.

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