I sorta have to ask some questions...
So, there was the investigation a few years ago, which reached a conclusion that the investigation could go no further and that there was not enough to proceed with criminal charges. Okay. So, did JB READ THAT REPORT? Was it provided to him? Or, was he simply satisfied with the 'verdict?' If the latter, and he did nothing to look into the actual assertions, then Yes, i would say he was ethically 'negligent.'
I'm thinking of it like this: [hypothetical] My closest friend is being investigated for this same crime. A month later, i find out that the investigation has been completed, and no charges were filed. I can 1.) accept that it's over, and move on; 2) look into it myself, to find out if there IS evidence, but perhaps just not enough to satisfy the court system. If there is SOMETHING, i look further. And, i speak to my friend directly.
Something like this - an investigation by a newspaper, police department and university administration... regardless of the end result... unless they PROVE the charges as 'false,' I'm going to be doing my own little investigation. At that point, loyalty is the Program, School, Children.
If, after these accusations were made, you still see kids accompanying Fine on the road, you should be asking questions or changing the rules.
And, JB's statement that he has never been in the hotel room of an assistant is absolutely ridiculous. 35 years. 10-15 road games per year. That's 400 nights. Not once did JB have wake someone up? Borrow socks or toothpaste? Look for someone? Have pizza? Nothing? No reason to knock on someone's door? Your closest friend and assistant coach? No need to go over the film? Strategy? Last second travel changes? It's implausible. Someone said, no, he doesn't do that. He's "like a ghost." Which, if true, is a bit sad. We're not talking about a football coach, with 55-100 players to manage. He's got 10 people. If he has a 'ghost-like' relationship, it concerns me. That we're really not maximizing our efforts. What's JB doing on the road that has him so 'indisposed?' Keeping your head in the sand is a time-consuming hobby, it seems.