Belker 23 -- Brian W
- By DWG In NE
- Inside Gopher Nation
- 22 Replies
Although virtuousness is a quality that I would ascribe hesitatingly to almost anyone on the Board, patience IS a virtue and you two have shown some above and beyond.
I, on the other hand, promised next to nothing and up until now, have delivered little. That being said:
I, on the other hand, promised next to nothing and up until now, have delivered little. That being said:
EEOA report summary
- Inside Gopher Nation
- 35 Replies
Here is a summary of the 82-page EOAA report. The report leaves out the names of players and recruits, and I'm not going to suggest who they likely are based off past reports, as well to keep the players' and the female's privacy. The report has been released and is on Twitter, message boards, etc., so I read it and put together this summary. Obviously I don't mean to pick sides. The bulletpoints indicate what the report says, not my personal opinion. I'm just summarizing the info that others are summarizing that will be on the news, elsewhere on the internet, etc. I understand this is sensitive and don't mean to cause any harm to the program, accused players, alleged victim, etc.
- The female took 4-5 shoots of 100 proof vodka. She left her apartment at 12:30 am to the Venue (an apartment in Dinkytown) and then returned to the Radius (an apartment near Bierman where much of the football team lives) around 2:00 am. She went to three different rooms in the Radius, but the alleged assault was in just one of them.
- She was on her period at the time and did not plan on having sex that night.
- Initially, it was just her, the player, and a recruit. She didn't realize until after sex that the recruit was not on the team.
- One of the accused she had met on Tinder before and trusted him, although she alleges that he was part of a forceful tag team that she did not want to participate in.
- She did not want to participate in any of the sexual acts, which she sometimes voiced and other times did feeling as if she had to.
- The player whose bedroom it was asked her after the alleged assault if she was okay, and she said she didn't know. He asked her if she would tell anyone and she said she would not.
- She didn't report that she had been sexually assaulted until September 23 (the alleged assault occurred September 2). The written account she gave the police was fairly consistent with what she reported to the EOAA.
- Many of the players were identified by her recognizing their pictures, and for a couple she does not recall whether she saw them or whether they engaged in sexual activity with her.
- She took notes after she returned to her apartment, which were later provided to the police and EOAA.
- She drove to the hospital for a forensic exam by a sexual assault nurse examiner. Minor injuries were that were not significant and may not have occurred as a result of the alleged assault.
- She DM'd the player whose apartment it occurred in about what happened because she thought he seemed like the most trustworthy. He said that he and the recruit had sex with her but did not respond how many people were there and said he did not know.
- The witnesses accounts were fairly consistent with hers. The witnesses are worded as if they are her friends.
- When she spoke to the police the day after the alleged assault occurred, she reported that three players plus the recruit and other men had sex with her. In her second interview with the police three days later, the police offer believed her memory of the incident remained sparse. She added an additional man who may have had sex with her, and said that the sexual contact with her and the player whose apartment it was may have been consensual. She said the sexual contact with the three others was not consensual.
- She reported to the police that the sex with the recruit was consensual because she never said no, but reported to the EOAA that she never consented to sex with the recruit and felt pressured and scared and needed to do so to make the player whose room it was to leave.
- She believes her inability to clearly remember all the events in the bedroom was largely because of shock and fear rather than intoxication.
- Eight of the 12 accused students are in the Empire group text. The EOAA obtained several messages from the group text about them having sexual encounters, including that three of them having sex with one female at a time, that a player and the recruit were going to double team a female, and to invite women to a party.
- The EOAA believes that there was somewhat of an attempt to delete evidence, as eight of the students received relevant texts from the Empire group text but those texts were not retained on their phones. One football player who is not being accused also reported (presumably to the EOAA) that he had encouraged team members to delete messages in the group text. The EOAA was also told by one of the players that he "wish(es) she didn't remember my damn name."
- All but one accused student denied taking part in or witnessing a crowd of onlookers near the bedroom door.
- The EOAA found some things that may appear contrary to how one might expect a sexual assault victim to behave but did not find that the behaviors indicated that she did not experience the sexual misconduct that she described. Rather, the EOAA concluded it resulted from shock and confusion.
- The female still has significant gaps in her memory of the events in the bedroom. The EOAA says that those gaps ultimately prevent them from making policy violation findings in some instances.
- The EOAA says they found her account to generally be credible but that there were also times where they could not definitively determine whether her account or one of the accused students' accounts was likely more accurate.
- The EOAA reviewed an eight second video and her voice and posture do not convey fear. She is smiling and the recruit appeared to be unzipping her bodysuit. She appeared to be holding his hand possibly to intervene with him trying to take off her clothes. Then the recruit used both hands to try and unzip the body suit and the video swerved to not show her or the recruit. She can be heard saying no.
- The EOAA was unable to obtain the 90-second video taken by the player whose bedroom it was. Lee Hutton offered to provide the video to the EOAA with the female's written consent but she refused to consent because she hasn't seen the video and fears it would be too painful to watch. According to the police description, the video shows the player whose room it was, the female, and the recruit naked. She did not appear to upset by the sexual activity or indicate that shed it to stop. The police concluded it appeared entirely consensual.
- The recruit reported to the police that the two were flirting and that she was able to care for herself and did not appear in distress, and that she was kissing and feeling him.
- The players reported to the police that the sex was consensual and that she was willing to have sex in a row with many of them. One player reported that some players left because it didn't feel right, and that she may have said "don't send more people in" to which the player whose bedroom it was said "this is the last one."
- The accounts of the female and the player whose bedroom it was are very different, and the EOAA says it is not possible to reconcile all of the discrepancies given the available evidence. However, they generally found her account to be more credible.
- The EOAA concluded that they find it more likely than not that a reasonable person in the circumstances would have believed that the female provided affirmative consent to the reported instances of contact with the player whose bedroom it was.
- The EOAA found that the player whose room it was and the recruited exerted pressure on her to engage in sexual contact but they do not have sufficient evidence to conclude that this pressure rose to the level of intimidation or coercion required to violate University policy.
- The EOAA found that the player whose bedroom it was report that he was surprised when the men began entering his apartment to have sex with her was not credible.
- The EOAA found that the evidence indicates that the player whose room it was bears significant responsibility for many man entering the bedroom where she was unclothed and in some cases having nonconsensual sexual conduct with her in violation of the student conduct code.
- The EOAA found that the 90-second video was made without her permission and that him acknowledging the videotaping without her permission to be in violation of the sexual harassment policy.
- The EOAA found a freshman player's comments to them consistent with what he told the police. He reported that six players were in the apartment when she left, and that she had consensual sex with the player whose room it was and the recruit. He reported a few other players who had sex with her and named three players who never entered the apartment that night but later said one of the players was there after the EOAA investigator stated there was strong evidence they were there. The freshman said they were worried about the female: "We were worried whether she was okay or not or whether she was tripping. Obviously, we didn't want her to overreact. She made it seem like it was okay." The EOAA said that the account of the female and the freshman were inconsistent and that the freshman's account was inconsistent with his own account at other times and from credible reports from other accused students. The EOAA finds it more likely than no that she did not provide affirmative consent to have sexual contact with him.
- The EOAA found that another freshman's account varied from what he told the police. However, they did not find sufficient evidence to conclude that he had sexual contact with the female, and do not have sufficient evidence to conclude that he violated any University policies.
- A second-year member of the team reported to the EOAA that the female started to make moves on him and began giving oral sex to him but that he left after a couple minutes because he was involved with another woman and felt guilty. The EOAA says the statement they received from him differs from the account he gave the police. The EOAA found that the female's account was more credible than his and that at times his was inconsistent with credible reports from other accused students and witnesses. The EOAA finds it more likely than not that this player and two other shad sexual contact with the female at the same time and that the second-year member forced her to have sexual contact. They found this to be in violation of University policy.
- Another first-year player involved had inconsistencies with other accused students reports. The EOAA believes he may have provided this inaccurate information because he was in charge of the recruit and feared personal consequences for his lack of supervision of the recruit. He reported to the EOAA that he gathered around other accused students while another player was having sex with her. The EOAA found that to be in violation of University policy.
- Another first-year player that lives with the aforementioned first-year player did not recall having seen the female or many of the teammates in the apartment that night. Most accused students denied seeing him in the apartment, as well. The female reported that he introduced himself to her in the player in the bedroom, but she does not recall if they had any sexual contact. The EOAA does not have sufficient evidence to conclude that he violated any University policies.
- Another first-year player denied having been at the apartment. The EOAA found portions of his account to not be credible because at times he was inconsistent with own account and credible reports from other accused students. The female does not recall having any sexual contact with him. The EOAA found that the evidence indicates that he crowded around the door to watch her engage in sexual contact and for that to be in violation of University policy.
- Another first-year player told the EOAA he went to bed before everything happened. Several accused players reported seeing him at multiple times in the bedroom where the alleged assault occurred, while other accused players reported they did not see him. The EOAA generally finds the female's account to be more credible than the first-year player's because his account was at times inconsistent with what he had said before and with credible reports from other accused students. The female does not remember having any sexual conduct with him. The EOAA finds it more likely than not that he crowded around the bedroom door with other accused students and therefore is in violation of University policy.
- Another first-year player reported not having sexual contact with the female and she did not recall having sexual contact with him as well. Like several others, the EOAA found it more likely than not that he crowded around a door to watch her engage in sexual conduct and for that to be in violation of University policy. The EOAA found this player's account to conflict with others.
- Another first-year freshman reported not being there, but other accused players do report him being there. The female could not recall whether she had any sexual contact with him but based on memory of his first name and viewing pictures of him afterwards believes he was present in the apartment that night. The EOAA says they have insufficient evidence to support a sexual harassment finding on him. However, they believe they have sufficient evidence that he willfully provided University officials with false and misleading information.
