Baylor DE Convicted of Sexual Assault

[ntxVOL]

Although Baylor coach Art Briles maintains he did not know about Sam Ukwuachu's past history of violence against a woman at Boise State before accepting him as a transfer, at least one other school did.

Florida considered taking Ukwuachu in May 2013, but then-Gators coach Will Muschamp decided against it after a Boise State athletic department employee detailed Ukwuachu's troubles with a girlfriend, according to two former Florida athletic department employees.

That included the former freshman All-America defensive end's alleged physical abuse of his girlfriend and an allegation that Ukwuachu put his fist through a window while drunk at the couple's home, one of the ex-staffers said. (Ukwuachu was not charged in either incident.)

"There was no way," one of the former Florida employees told The Inside Read of Ukwuachu. "[Muschamp] wouldn't touch him."

"Just a bad situation," one of the former Florida staffers said. "It just wasn't good."

Ukwuachu also wasn't completely forthcoming with Florida about his relationship with his former girlfriend, the former Gators athletic department employee said. But the Boise State athletic department employee was clear about Ukwuachu's issues, according to the former Florida staffer.

Said the ex-Florida official: "There was absolutely no doubt."

Ex-Florida officials: We wouldn't take Ukwuachu because of past

 

[BUBear]

Reading over Waco Tribune writer Tommy Witherspoon's live tweets from the trial.

The sexual assault nurse that conducted the investigation testified that the injuries she noted during the rape kit would occur less than 10% of the time if the sex was consensual. So it sounds to me like your assertion that the rape kit wasn't consistent with rape is totally false.

Link

I'm not sure the state considers a nurse an expert witness, I wasn't at the trial. I do wonder why the state sends rape kits off for expert analysis though.
They have 60 days from the date of report to complete the investigation. I don't know how long it took the DA to find the ex-girlfriend and learn of the prior incident. BSU was queried and reported no student conduct records of any kind, and good standing.

We don't know what testimony the Title IX investigators had from what has been reported as 4 witnesses (complainant and her friend, respondent and his roommate). We know they did not have the "rape kit", and we now have learned that even the complainant does not have access to the "rape kit" in Texas. Only the DA has it, and they don't send it off for analysis until the complainant commits to going forward with criminal charges. Takes 6 months to get back once it's finally sent for analysis.

So it is conceivable that based on the extremely limited, unsworn testimony and lack of physical evidence, the investigators are unable to conclude that she-said was right and he-said was wrong. No prior history. No reason to know whether roommate or complainant's friend were giving false testimony.

 

[bamawriter]

I'm not sure the state considers a nurse an expert witness, I wasn't at the trial.

She was a witness for the State, so they must have valued her expertise.

I'm guessing your "not consistent with rape" analysis came from a Baylor message board. Given that the only way a rape kit could produce results that aren't consistent with rape is if it produces no evidence that the victim even had sex, only some dude on a message board would throw out such a nonsensical assertion.

I do wonder why the state sends rape kits off for expert analysis though.

For the purposes of DNA matching.

They have 60 days from the date of report to complete the investigation. I don't know how long it took the DA to find the ex-girlfriend and learn of the prior incident. BSU was queried and reported no student conduct records of any kind, and good standing.

It's unlikely that Boise State was the primary point of contact for the Waco DA. They would have requested records from the Boise PD. In all likelihood, it didn't take very long to find the previous accuser.

Are these really questions? I'm not some kind of criminal justice expert. This stuff you're questioning seems like common sense.

We don't know what testimony the Title IX investigators had from what has been reported as 4 witnesses (complainant and her friend, respondent and his roommate). We know they did not have the "rape kit", and we now have learned that even the complainant does not have access to the "rape kit" in Texas. Only the DA has it, and they don't send it off for analysis until the complainant commits to going forward with criminal charges. Takes 6 months to get back once it's finally sent for analysis.

So it is conceivable that based on the extremely limited, unsworn testimony and lack of physical evidence, the investigators are unable to conclude that she-said was right and he-said was wrong. No prior history. No reason to know whether roommate or complainant's friend were giving false testimony.

As I've said before, I give Baylor some benefit of the doubt when it comes to the investigation. They, and every school that deals with these kinds of situations, are in a no-win situation. (Though I noticed that you went from "the victim refused to provide the rape kit" to "the complainant had no access to the rape kit".)

Baylor's problem, as I noted before, is that they had to know about Ukwuachu's issue in Boise. And knowing that, they had to know that they were dealing with a guy with problems. If they didn't know, it's because they were completely negligent in doing rather rudimentary research on an incoming transfer.

 

[BUBear]

It's unlikely that Boise State was the primary point of contact for the Waco DA. They would have requested records from the Boise PD. In all likelihood, it didn't take very long to find the previous accuse
r.

SUs Boise girlfriend stated at the trial that she never told anyone about what Sam did to her.

 

[bamawriter]

SUs Boise girlfriend stated at the trial that she never told anyone about what Sam did to her.

Link to that? The BPD investigated the domestic incident. She didn't press charges, but a report was filed.

Could you do me a favor? When you make a statement that you are presenting as fact, could you provide a link? You've had the "inconsistent with rape" fall apart, then you completely changed your own assertion of the "victim wouldn't provide the rape kit", now the previous victim "never told anyone". Without a link, it seems like you're just making crap up to defend Baylor.

 

[BUBear]

Baylor's problem, as I noted before, is that they had to know about Ukwuachu's issue in Boise.

If Boise didn't do a Title IX investigation as required by law, what was there to know. If they did do an investigation it would have been in his BSU file.

 

[bamawriter]

If Boise didn't do a Title IX investigation as required by law, what was there to know. If they did do an investigation it would have been in his BSU file.

Police reports are public record. All the Baylor AD needed to do was put in a request with the BPD for all records pertaining to Sam Ukwuachu. The reports weren't sealed by a court order, so they would have been provided.

Ukwuachu was sent to anger management following the domestic issues.

 

[BUBear]

Link to that? The BPD investigated the domestic incident. She didn't press charges, but a report was filed.

It's in the trial transcript, just go to her testimony.

Did the BPD report this to BSU? If so, why didn't BSU conduct a Title IX investigation as requited by law? If Boise did do an investigation then why isn't it in SUs file?

 

[bamawriter]

It's in the trial transcript, just go to her testimony.

I did. Gonna need your link. There is a big difference between "I didn't report it to police" and "I didn't tell anyone about it."

Did the BPD report this to BSU?

I have no idea. Why is it relevant? Are you arguing that BSU didn't handle it properly? You'll get no argument from me on that. But that doesn't absolve Baylor of their own responsibilities.

If so, why didn't BSU conduct a Title IX investigation as requited by law? If Boise did do an investigation then why isn't it in SUs file?

It's only required if the victim files a Title IX claim. I assume that didn't happen. I've seen nothing from any source to indicate that she filed one. If she did, and BSU didn't conduct one, she'll have lawyers beating down her door trying to get her to sue the school. So I think it's unlikely that she filed a claim, and thus the school wouldn't have conducted an investigation.

As for his file, even if BSU had conducted a Title IX investigation and hadn't filed it in his student information, it would still be irrelevant when it comes to Baylor's vetting process. Title IX claims are federal public record. BSU couldn't do anything to hide it.

The real question to ask regarding BSU's involvement is if it was the school that required Ukwuachu to go to anger management. Someone made him go despite the fact that no charges were ever filed against him.

 

[bowlinggreenvol]

It's in the trial transcript, just go to her testimony.

Did the BPD report this to BSU? If so, why didn't BSU conduct a Title IX investigation as requited by law? If Boise did do an investigation then why isn't it in SUs file?

If she never told anyone, then what was BSU's or CCP's grounds for dismissal and how would UF been made aware of the situation?

 

[BUBear]

It's only required if the victim files a Title IX claim. I assume that didn't happen. I've seen nothing from any source to indicate that she filed one. If she did, and BSU didn't conduct one, she'll have lawyers beating down her door trying to get her to sue the school. So I think it's unlikely that she filed a claim, and thus the school wouldn't have conducted an investigation.

.

Incorrect. Even if she doesn't file BSU is still required to conduct a Title IX investigation.

How to Comply With the Dept. of Ed

When an institution “knows or reasonably should know” about a hostile environment, they are required “to take immediate action to eliminate the harassment, prevent its recurrence and address its effects.”

Off-Campus Harassment Also Covered in Guidance

The harassing conduct may occur in any setting related to a school’s programs, including off-campus activities such as field trips or athletic events. While it may fall outside a school law enforcement agency’s jurisdiction, institutions may also have an obligation to respond to harassment. This is especially true when it rises to the level of sexual violence that originally happened off campus or outside an educational program if a student experiences “the continuing effects of off-campus sexual harassment” in an educational setting.

 

[bamawriter]

Incorrect. Even if she doesn't file BSU is still required to conduct a Title IX investigation...

I've never personally heard of a Title IX investigation performed absent a claim, but that doesn't mean that it's never happened. If you want to point out negligence on BSU's part, you'll get no argument from me.

That said, you still haven't answered my question: how does any failing on the part of BSU absolve Baylor of their own failings?

 

[BUBear]

If she never told anyone, then what was BSU's or CCP's grounds for dismissal and how would UF been made aware of the situation?

SU was never dismissed from BSU, only dismissed from the football team for "unspecified team rules violation".

BSUs Dean of Students stated SU was a student in good standing and could return to BSU.

 

[bamawriter]

SU was never dismissed from BSU, only dismissed from the football team for "unspecified team rules violation".

BSUs Dean of Students stated SU was a student in good standing and could return to BSU.

Given that he was on a football scholarship, that's a distinction without much of a difference.

 

[BUBear]

That said, you still haven't answered my question: how does any failing on the part of BSU absolve Baylor of their own failings?

Max OlsonMark Schlabach
WACO, Texas -- Boise State officials said in a statement Tuesday that the university never received reports that former defensive end Sam Ukwuachu committed acts of violence against his girlfriend before he was dismissed from the football team in 2013.

If BSU couldn't get info in Boise, Idaho you think Baylor could?

 

[bamawriter]

Max OlsonMark Schlabach
WACO, Texas -- Boise State officials said in a statement Tuesday that the university never received reports that former defensive end Sam Ukwuachu committed acts of violence against his girlfriend before he was dismissed from the football team in 2013.

If BSU couldn't get info in Boise, Idaho you think Baylor could?

First, I don't believe Boise when they said they didn't have it. There is a reason that Ukwuachu was sent to anger management despite there being no charge. That, and the emails that were made public regarding the second incident have the air of dealing with a guy with known issues.

But, again, you are trying to use BSU's supposed failings to excuse Baylor's. They are mutually exclusive.

Let's say Baylor just made a simple oversight during the transfer process and took BSU at their word. It would be a mistake, but mistakes happen. The moment that the victim came forward with the Title IX claim, someone at Baylor should have said "Wait, we never got a straight answer on why this guy transferred from BSU. Maybe we should look into that." The fact that Baylor is claiming to have gone thru a Title IX investigation without looking into the accused's history is inexcusable. If they are telling the truth (and I don't believe they are), then they are guilty of intentional negligence as opposed to calloused stupidity. It's one or the other; which one are you happier believing?

 

[ntxVOL]

Yeah, I think most could give Baylor a pass if they had kicked the guy off the team after the rape occurred but instead they made plans for him to play this fall.

 

[bowlinggreenvol]

SU was never dismissed from BSU, only dismissed from the football team for "unspecified team rules violation".

BSUs Dean of Students stated SU was a student in good standing and could return to BSU.

I was referring to the football program only. A coach dismissed him based on an allegation. If that allegation was not conveyed to anyone then how would this incident have come to light? UF was apparently made aware of it too, so she clearly "reported" it to someone, which is far from saying she "didn't tell anyone" as you said.

 

[BUBear]

I was referring to the football program only. A coach dismissed him based on an allegation. If that allegation was not conveyed to anyone then how would this incident have come to light? UF was apparently made aware of it too, so she clearly "reported" it to someone, which is far from saying she "didn't tell anyone" as you said.

You'll have to tell us what that allegation was because the UF people didn't address the specifics of it and all we got from Petersen was lawyer speak.

 

[bowlinggreenvol]

You'll have to tell us what that allegation was because the UF people didn't address the specifics of it and all we got from Petersen was lawyer speak.

Florida considered taking Ukwuachu in May 2013, but then-Gators coach Will Muschamp decided against it after a Boise State athletic department employee detailed Ukwuachu's troubles with a girlfriend, according to two former Florida athletic department employees.

Obviously not specifics but the above "quote" explicitly says it stemmed from an incident(s) with his g/f. I don't think UF avoids him for punching a window.

 

[BUBear]

Florida considered taking Ukwuachu in May 2013, but then-Gators coach Will Muschamp decided against it after a Boise State athletic department employee detailed Ukwuachu's troubles with a girlfriend, according to two former Florida athletic department employees.

Obviously not specifics but the above "quote" explicitly says it stemmed from an incident(s) with his g/f. I don't think UF avoids him for punching a window.

I hope one of your anonymous former UF sources isn't Brent Pease, currently WR coach for Petersen at Washington. He might still have a bone to pick after being fired at Baylor in 2005. It would kind of suck to go from being an OC to a WR coach ($$$) IMO.

 

[BUBear]

Florida considered taking Ukwuachu in May 2013, but then-Gators coach Will Muschamp decided against it after a Boise State athletic department employee detailed Ukwuachu's troubles with a girlfriend, according to two former Florida athletic department employees.

Obviously not specifics but the above "quote" explicitly says it stemmed from an incident(s) with his g/f. I don't think UF avoids him for punching a window.

Well...well...well, another former UF coach on staff at Washington. Wonder where his loyalty lies?

Jeff Choate Bio - University of Washington Official Athletics Site - GOHUSKIES.COM

Hard to remain anonymous when you suck at being anonymous.

What next, Petersen hires Muschamp??? Something's fishy in Seattle, no?

 

[bowlinggreenvol]

I hope one of your anonymous former UF sources isn't Brent Pease, currently WR coach for Petersen at Washington. He might still have a bone to pick after being fired at Baylor in 2005. It would kind of suck to go from being an OC to a WR coach ($$$) IMO.

What would Pease's history with Baylor have to do with Muschamp not taking a kid 2 years ago? You're really chasing rabbits on this one and throwing out anything and everything. Guess when your history starts in 2011 you'll do anything to keep it going.

 

[bamawriter]

What would Pease's history with Baylor have to do with Muschamp not taking a kid 2 years ago? You're really chasing rabbits on this one and throwing out anything and everything. Guess when you're history starts in 2011 you'll do anything to keep it going.

It really is pathetic. What Boise State did or didn't do is irrelevant as to whether or not Baylor did the right thing in dealing with this lowlife. Nothing that BSU did or didn't do caused Baylor to screw this up. Saying "Yeah we failed, but they failed first!" is not a defense. Either way BAYLOR FAILED.

 

[volfanhill]

It really is pathetic. What Boise State did or didn't do is irrelevant as to whether or not Baylor did the right thing in dealing with this lowlife. Nothing that BSU did or didn't do caused Baylor to screw this up. Saying "Yeah we failed, but they failed first!" is not a defense. Either way BAYLOR FAILED.

This is 100% correct. BU Bear avoids this point at all costs