With his University of Minnesota Golden Gophers basketball career clouded by a third sexual assault complaint and an investigator's recommendation of expulsion, suspended center Reggie Lynch "categorically and vehemently" denies the allegations against him, and has requested a hearing to appeal, his attorney said Wednesday.
"He fully cooperated with a university investigation on his own without the presence of a lawyer; he attended multiple interviews with university individuals on his own where he was asked clarifying questions ... ," attorney Ryan Pacyga said at a news conference. "He had a right not to participate in these interviews ... no one could compel him to do it but he did it."
Lynch was not present as Pacyga made the announcement at a news conference in his office the day after the third alleged victim came forward Tuesday, saying the U's Office of Equal Opportunity and Affirmative Action (EOAA) had found Lynch responsible for sexual misconduct in an alleged assault that occurred on April 7, 2016.
The 6-foot-10 center and Big Ten defensive player of the year last season is in his final year of college eligibility. The basketball season ends with the tournament in March. Coach Richard Pitino and athletic director Mark Coyle announced last Friday that Lynch remains a member of the basketball team and is allowed to practice but can't participate in games.
Their decision came a day after the EOAA notified two women of findings that Lynch was responsible in their two separate sexual assault allegations from April 2016. In the case of one woman, she alleged Lynch assaulted her April 28 in his dorm room at Roy Wilkins Hall. The U's investigator recommended Lynch be suspended from campus until Aug. 1, 2020, in that matter.
In the matter of the third woman publicly announced Tuesday, the U's investigator recommended expulsion for Lynch.
Lynch, however, has already filed notice that he will appeal the recommendations to the Student Sexual Misconduct Subcommittee (SSMS). That committee, which holds closed-door hearings, can either affirm or reverse the recommendations of suspension and expulsion. Pacyga said he is unsure if the hearings for the two allegations will be combined.
"I don't think its right that they be combined," Pacyga said. "I think each allegation ought to stand on its own."
The appeals process would likely take weeks if not months, making it unlikely Lynch will return to the court for the Gophers.
"My concerns for him as a senior and a student are ... by the time its all over it could be end of basketball season or even worse," he said. "I'm cognizant of the options for Mr. Lynch, which is continue panel hearings or say enough is enough and explore other options."
Pacyga lamented the University's investigative process and the lack of evidence against Lynch, adding that he has been "robbed" of the opportunity to be exonerated because of 18-month lag in filing the complaints.
"That's why I'm afraid for Reggie Lynch, and that's why I'm afraid for a host of young people that are accused of these things, and you couple that with a decrease in due process in a Title IX investigation ... " he said. "Reggie Lynch is in for the fight of his life and I'm afraid because he's already been denied a fair investigation by virtue of evidence that cannot be collected."
U officials have repeatedly cited privacy laws that prevent them from discussing the Lynch's situation, but they are aware of it.
The EOAA notifies the athletic department whenever a student athlete is being investigated, U spokesman Evan Lapiska said Tuesday.
Athletes are automatically suspended during criminal investigations, but the athletic director and the coach have discretion on whether to suspend an athlete during or after an EOAA investigation.
Until Friday, Coyle and Pitino allowed Lynch to play.
The 23-year-old's Gophers' career was overshadowed by sexual assault concerns before he ever played a game at Williams Arena. Lynch was arrested in May 2016 after a woman made a criminal complaint of sexual assault against him. Hennepin County Attorney Mike Freeman declined to press charges in that case. In the same case, the EOAA found he was not responsible for violating the school's conduct code.
The report made public Tuesday means Lynch is accused in three separate sexual assaults in April and May of 2016. Pacyga said the allegation resulting in a suspension recommendation involves digital penetration, while the allegation resulting in the expulsion recommendation involves forced intercourse and oral sex. He said Lynch denies any sexual contact in either case.
Pacyga said that because Lynch is a popular athlete, it's difficult for him to recall interactions that occurred 18 months ago, and repeatedly questioned why the accusers didn't immediately make reports.
"It's safe to presume that when you're an athlete of this stature, you probably have a number of opportunities and occasions to meet people of the opposite sex," Pacyga said. "Reggie Lynch is a very popular person on campus and around the Twin Cities area."
Asked whether he considered Lynch a victim, Pacyga paused.
"I think, what I have to operate on, is Reggie Lynch is falsely accused and if you want to put a label on it you're welcome to put a label on it," he said. "But anytime someone is dealing with allegations and saying 'I didn't do this' and you're accused in such a serious situation, I think anyone would feel victimized by that."
Lynch transferred to the Gophers after two years at Illinois State before the 2015-16 season. Pitino said the U conducted background checks on Lynch at the time and found "no red flags."
The Edina, Minn., native practiced with the team on Monday.
