Attorney: Investigation found 3 accused football players violated Michigan State policy

EAST LANSING – A Title IX investigation determined three Michigan State football players accused of sexually assaulting a fellow student were found to have violated university policy, according to an attorney who represents the alleged victim.

Lansing attorney Karen Truszkowski confirmed to the Free Press that the case against the three players is progressing through MSU’s student conduct system. She declined to give further details about the case.

“They have not been expelled or dismissed from the school at this point because it has not gotten to that stage yet,” Truszkowski said of the three players.

More:Title IX investigation into sexual assault allegations for 3 MSU football players complete

The university is required to keep accusers informed of the progress of Title IX cases.

Attorney John Shea, who represents one of the players, and another player’s attorney, Shannon Smith, declined to discuss the case. The third player’s attorney, Mary Chartier, did not immediately return a message from the Free Press.

“The MSU process is not final in any way, therefore I don’t think it’s appropriate to comment at this time,” Shea said. 

MSU spokesman Jason Cody said Monday the university has not taken any action to remove the three players as students, adding that he could not discuss specifics or outcome of the investigation due to the Family Educational Rights and Privacy Act. FERPA also prohibits MSU from releasing any outcome of the Title IX investigation and any potential violation of student conduct policy.

Cody detailed the process in general terms and said once any Title IX investigation is completed by MSU, if a policy violation was found to have occurred, it would then move into the student conduct system.

Potential sanctions range from a formal warning to dismissal from the university, according to the school’s website on the student conduct system. This is the MSU’s flow chart for the disciplinary process, according to the school:

• Respondents who are found responsible after an investigation first would meet with an MSU administrator to learn about their rights and responsibilities.
• If they accept responsibility, the respondents can ask an administrator to determine a sanction at that time or ask to meet with a board to determine a sanction. A judgment for punishment would be administered at that point.
• If they deny responsibility, they can request a hearing with all parties convened at a later date or request a formal hearing before a board. If they are found responsible, sanctions would then be issued.
• Both the complainant and respondents also have the right to appeal a decision. Reasons included are if there was a conflict of interest or if proper procedures were not followed.
• Initial appeals go to the University Student Appeals Board. Suspension or dismissal sanctions also may be appealed to the vice president for student affairs and services.

Punishment within the university’s judicial system differs from the criminal court, which requires an ability to find guilt beyond a reasonable doubt. Criminal cases, whether charges are brought or not, have no bearing on a Title IX probe. 

Federal government Title IX compliance requires all universities to investigate all sexual violence and harassment allegations. They are held to a preponderance of evidence standard typically applied in civil lawsuits, meaning “based on evidence and witness testimony presented, that there is a greater than 50% likelihood that the defendant caused the damage or other wrong,” according to legaldictionary.net.

The Title IX investigation – which had to be completed in 60 days from the victim reporting the incident to MSU – was done externally by Rebecca Veidlinger. The Ann Arbor attorney who previously worked in MSU’s Title IX office signed a contract with the university Feb. 2 and focused on potential violations of the university’s relationship violence and sexual misconduct policy.

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That probe is one of three investigations that began after the alleged rape took place in the early-morning hours of Jan. 16 at the on-campus University Village apartments and was reported to MSU Police on Jan. 17. The university announced the players’ suspension from football-related activities and removal from on-campus housing Feb. 9.

The criminal case has been under review by Ingham County Prosecutor Carol Siemon since March 14. There is no timeline for when or if charges will be filed. MSU Police are seeking four warrants.

Besides the Title IX and police investigations, a third investigation is an external probe into the football program, which is being conducted by attorneys with Jones Day law firm. That began Feb. 10, the day after the announcement of the suspensions of the three players and staff member. Cody said that investigation into the MSU football program and its handling of the situation remains ongoing.

Curtis Blackwell, the program’s director of college advancement and performance, also was suspended Feb. 9. That was a week after the university hired an external Title IX investigator into the alleged assault. He remains suspended with pay and is on his second one-month contract.