Ateneo de Manila University (ADMU) on Saturday, July 11, said former men’s basketball coach Tab Baldwin has been engaged by the university as an independent contractor since 2016.

This clarification came after commentaries emerged following a Department of Labor and Employment (DOLE) clarificatory hearing on July 9. 

In a statement, ADMU said Baldwin’s engagement has long been governed by an independent contractor agreement that dates back to 2016, nearly a decade before the fatal Aurora tragedy.

“Since 2016, Coach Tab Baldwin’s engagement with the University has been governed by an independent contractor agreement. This contractual arrangement predates the Aurora tragedy by nearly a decade and is reflected in written agreements. The existence of that contractual arrangement is a matter of proven record,” it said.

Ateneo said its legal team’s responses during the DOLE clarificatory hearing prompted questions and concerns, but maintained that claims that its position on Baldwin’s contractual relationship was created only after the Aurora tragedy to avoid liability were untrue.

“We understand that the University’s legal team’s responses during the DOLE clarificatory hearing generated questions and concerns. Some commentaries have also suggested that the University’s position regarding Coach Baldwin’s contractual relationship was manufactured after the tragic events in Aurora in order to avoid liability. These suggestions are not supported by the truth,” it said.

According to ADMU, many people may have assumed Baldwin was an employee because of his long tenure as head coach, but stressed that such an assumption does not determine the legal nature of his engagement.

“Given Coach Baldwin’s longstanding stewardship of the Ateneo Men’s Basketball Team, it is understandable that many assumed he was an employee of the University,” the statement read.

“However, that assumption should not be confused with the actual legal nature of his engagement as head coach.”

ADMU also maintained that its legal team referred to Baldwin’s longstanding contractual arrangement because it was relevant to the issues raised during the DOLE proceedings and not to evade accountability.

“The University’s legal team referred to this longstanding contractual arrangement because it became relevant to the issues raised during the DOLE proceedings. It was not presented to act as a subterfuge for the University to evade any form of accountability,” it said.

Ateneo underscored that its participation in the DOLE proceedings is only one aspect of its response to the Aurora tragedy.

“It is important to emphasize that its participation in the DOLE proceedings are only one part of the University’s commitment to cooperate with the legal process. As we have consistently stated, including most recently before the Senate Committee on Basic Education, Ateneo’s continuing actions in response to this tragedy extend beyond the various official inquiries being conducted by government authorities. These efforts move forward together. One does not diminish or replace the other,” it went on.

The DOLE proceedings stem from the deaths of Ateneo student-athletes Rene Baterbonia and Divine Adili during a team-building activity in Dipaculao, Aurora, on June 8.