Wednesday, April 23, 2014

Team Player, Part 2

Before reading further, please check out Part 1 of this report.

On December 7, 2012, a Florida State University (FSU) student reported to Tallahassee police that she was raped the night before by an unknown assailant after an evening of drinking. The alleged rapist turned out to be FSU's star quarterback Jameis Winston, who claimed that the sex was consensual. The charges were ultimately dropped for lack of evidence. FSU went on to win the NCAA's national football championship, and Winston won the Heisman trophy as the best college football player of the year. An April 16 investgation by Walt Bogdanich of the New York Times sheds further light on this incident.

Jameis Winston (©CBS Sports)
When the young woman reported to police, she had recent bruises and semen was found on her underwear. Detective Scott Angulo was put in charge of the case, but apparently there was almost no investigation. He failed to pursue obvious leads that would have easily identified the suspect and revealed that one of two teammates who witnessed the encounter, Chris Cashner, had videotaped the event. (In this age of cell phones, apparently some students like to film one another having sex.)

On January 10, 2013, Angulo got a huge break when the victim identified her assailant by name after seeing him on campus. Even then, he waited two weeks before taking the unusual step of calling Winston on the phone to request an interview. Not surprisingly, Winston lawyered up and never did speak to the police. The police finally interviewed his two teammates (who supported his claim of innocence) on November 14, almost a full year after the fact, but by that time, the tape had been erased. They also took a DNA sample from Winston, which matched that found on the accuser's clothing. On December 5, prosecutor William Meggs dropped the charges due to lack of evidence. He acknowledged that there had been deficiencies in the investigation, saying, “They just missed all the basic fundamental stuff that you are supposed to do.”

Meanwhile, FSU appears to have violated federal law by conducting no official investigation of the incident. Telephone records show that the university was aware of the charges against Winston on January 13, 2013, when an assistant athletic director called the police to ask about the progress of the investigation. Title IX of the Equal Opportunity in Education Act requires that when a university knows about a case of student on student harrassment—obviously including alleged rape—it “must promptly investigate to determine what occurred, and then take appropriate steps to resolve the situation.” FSU refuses to discuss the case citing privacy concerns, but whatever they did (if anything) did not interfere with their successful football season.

A strange presence lurking behind the scenes is the Seminole Boosters, a nonprofit organization with $150 million in assets that finances FSU varsity athletics. Bogdanich makes two interesting points. First, Detective Angulo had done private security work for the Seminole Boosters prior to the investigation. Secondly, the Boosters paid about 25% of FSU President—now Penn State President—Eric Barron's $600,000 annual salary! (What does this tell us about his job responsibilities?)

There are obvious similarities between this incident and recent events at Penn State. Former President Graham Spanier, Coach Joe Paterno, and administrators Tim Curley and Gary Schultz are accused of covering up child molestation charges against Assistant Coach Jerry Sandusky for several years. Since then, elections to the Penn State Board of Trustees have pitted candidates representing Penn Staters for Responsible Stewardship (PS4RS), who believe Paterno and his colleagues did nothing wrong, against candidates who accept the Freeh Report and NCAA sanctions against the university and want to move on. So far, four of six PS4SR candidates have been elected. Another round of Board of Trustees elections ends on May 8.

Penn State football fans can apparently take comfort in the fact that President-Elect Barron, in a situation with echoes of the Sandusky scandal, showed a similar reluctance to pursue charges against an important member of the football program.

Yesterday's paper reports that Senator Claire McCaskill (D-MO) intends to conduct hearings on college sexual assault policies, and will invite victims, administrators and university presidents to testify. She specifically mentioned the Winston case in her remarks. The U. S. Department of Education is reviewing FSU's handling of the incident. We can only hope that President Barron will receive an invitation to this party to share his perspective with the Senators.

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