A student's claim last September that she was sexually assaulted prompted the University of Minnesota to suspend 10 Gophers football players from the team, weeks after a criminal probe resulted in no charges.
Her accusations, documented through police reports and court testimony, ultimately led to a U committee's investigation and Tuesday's decision, more than three months after the Sept. 2 incident.
The suspended players are Ray Buford, Carlton Djam, Seth Green, KiAnte Hardin, Dior Johnson, Tamarion Johnson, Kobe McCrary, Antonio Shenault, Mark Williams and Antoine Winfield Jr. While some players were directly accused in the alleged sexual assault, the involvement of others is unclear.
In an email to boosters sent Wednesday, U President Eric Kaler said the players will not participate in the Dec. 27 Holiday Bowl Game in San Diego, citing a decision made by coach Tracy Claeys in consultation with Athletic Director Mark Coyle.
"The need to take actions like this is incredibly disappointing. Unfortunately, these types of situations are difficult for the University because we are limited in what we can say," Kaler wrote. "While we strive to be transparent in all that we do, the fact is that, under the law, our students have privacy rights that we value and respect."
Lee Hutton, an attorney representing several of the players, confirmed the suspensions stem from the incident in a Dinkytown apartment in the early morning hours after the team's season-opening victory over Oregon State. He has pledged to appeal.
After the incident, the Gophers suspended four players _ Buford, Hardin, Dior Johnson and Tamarion Johnson _ for an unspecified violation of team rules. Those players missed three games while police investigated, and they were reinstated when Hennepin County declined to press charges. No arrests were made. The Star Tribune initially did not specify the nature of the investigation because the players were not charged.
The university statement says: "Due to privacy restrictions relating to student educational data, there is nothing further the University can share."
A day after the incident, the student told police she was drunk when she was raped in Djam's apartment by several men that night, including some of players who the university suspended, according to police records and court testimony. She told police that men were lining up into the room, and that she had to yell to stop sending people in "because she couldn't handle it."
When police interviewed the players, they denied they raped the student and said the sex was consensual. In a video Djam took of the incident and viewed by police, the student appeared "alert, somewhat playful and fully conscious; she does not appear to be objecting to anything at this time," Minneapolis Police officer Matthew Wente wrote in a police report.
On Oct. 8, the Hennepin County attorney's office declined to press charges, saying in a news release "there is insufficient, admissible evidence for prosecutors to prove beyond a reasonable doubt that either force was used or that the victim was physically helpless as defined by law in the sexual encounter."
The alleged victim, who is part of the Gophers gameday operations, later filed restraining orders against those four players, along with Djam, that kept the five players out of TCF Bank Stadium for the Oct. 29 Rutgers game.
The restraining orders were dismissed in a Nov. 2 settlement, which still required the players to stay 20 feet away from the alleged victim.
That day, after a morning of testimony at the Hennepin County Courthouse before Judge Mel Dickstein, the alleged victim gave a statement that said, "I'm glad this is over. This has never been about punishing anyone, I just wanted to feel safe. Because of this resolution that we came to, now I do."
But the university's Office of Equal Opportunity and Affirmative Action (EOAA) conducted its own investigation, which led to these latest suspensions.
According to a person familiar with the case and police documents obtained by the Star Tribune, the five newly suspended players _ Green, McCrary, Shenault, Williams and Winfield _ were in the apartment on Sept. 2.
Hutton was still gathering details Tuesday night but said some of his clients could be facing expulsion, with others facing a one-year team suspension or probation.
The university did not make athletic director Mark Coyle available for comment late Tuesday. Head coach Tracy Claeys will be in San Diego on Wednesday for a news conference previewing the team's Dec. 27 Holiday Bowl game against Washington State. Last month, Coyle said Claeys had his "full support," after an 8-4 regular season.
The EOAA makes punishment recommendations to the university, and individuals are allowed to appeal. Hutton said all of his clients will appeal, but it's unclear if they'll receive a hearing before the Holiday Bowl.
"I'm ticked, and I plan on exposing the office of EOAA for these unfounded conclusions," Hutton said. "I was going to wait until after the new year to bring lawsuits on behalf of my clients against (the alleged victim); we just decided to accelerate the process."
Buford's father, Ray Buford Sr., works in law enforcement in Detroit.
"It's just been a total shock," he said. "It's almost like I'm in the movies or the 'Twilight Zone.' Ray's a strong kid, but obviously you're frustrated. You feel like you've put this behind you.
"The police have cleared you and found that you were telling the truth. The prosecutor's office has cleared you and found you were telling the truth. And the judge has cleared you, and this group (the EOAA) comes in and says they were all wrong."
The 10 suspended players include several key contributors. Hardin and Winfield are both starting defensive backs, and Buford and Shenault are key reserves in the secondary. Green and Williams are quarterbacks who are redshirting this year and were expected to compete for the starting job next year.
