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Indiana board of trustees unanimously approves resolution to indemnify Brad Bomba Sr.

Indiana board of trustees unanimously approves resolution to indemnify Brad Bomba Sr.

BLOOMINGTON — The Indiana University board of trustees unanimously approved a resolution Thursday to indemnify former men's basketball team physician Brad Bomba Sr.
Bomba, who died May 9 at the age of 89, spent nearly three decades working as a contracted physician for his alma-mater. His tenure has become the subject of a federal class action lawsuit filed by a group of former IU players in October.
Former Indiana players including Haris Mujezinovic and Charlie Miller have alleged Bomba "routinely and repeatedly" subjected them to "medically unnecessary, invasive, and sexually abusive rectal examinations' during their annual physicals.
Probe results: Law firm finds that former Indiana basketball team physician didn't act 'in bad faith'
Indiana hired Jones Day to conduct an independent investigation into Bomba's conduct when the allegations surfaced. The law firm released an 874-page report in May that concluded Bomba did not act in "bad faith" or with "improper purpose" in conducting digital rectal examinations (DREs) as part of the annual exams he performed.
Jones Day interviewed close to 100 people, including multiple student-athletes from each decade that Bomba served as team physician, and reviewed more than 100,000 documents spanning six decades, as well as 10,000 emails.
Per university policy, current and former employees acting on the behalf of the school are entitled to indemnification as long as they were acting in 'good faith.'
"As a result of Jones Day investigative findings I've determined that Dr. Bomba meets the criteria to be an indemnified person in accordance with the board's indemnification resolution," the board's general counsel Tony Prather said Thursday.
After Prather's brief introduction of the resolution, the board voted on the measure without any debate.
While Bomba isn't a named defendant in the ongoing ligation, the indemnification resolution means Indiana will cover (and likely reimburse) Bomba's estate for any legal fees they incurred and any judgement or settlement costs he would be liable for.
More: What's next for former Indiana basketball players who filed federal lawsuit against IU?
Bomba was deposed in the case via video conference last year — he invoked his fifth amendment against self-incrimination more than 45 times — after a magistrate judge ruled he was component to testify.
The court initially ruled Bomba would have to sit for a follow-up deposition for improperly invoking his fifth amendment privilege, but reversed course after his guardian, Joseph Bomba, submitted an affidavit from a doctor who examined his father and recommended him for hospice care.
On June 6, the magistrate judge overseeing the case recused himself citing a heavy workload. The attorneys representing Indiana University and former basketball trainer Tim Garl — Garl was added to the lawsuit as a defendant in an amended complaint — have each filed motions to dismiss the case that are still pending before the court.
There is a separate group of unnamed former players represented by Michelle Simpson Tuegel planning to pursue litigation against Indiana University related to similar allegations against Bomba. However, that lawsuit had not yet been filed.
The Herald-Times' Brian Rosenzweig contributed to this report.
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