...about a current member of the Bulls. I think they are way out of line tossing dirt around,but the story isn't pretty.
BYLINE:3/29/2011
http://www.jsonline.com/news/milwaukee/118783474.htmlA prosecutor said Tuesday that he is expecting Milwaukee police to refer the case of an alleged sexual assault by student athletes at Marquette University to the district attorney's office for a decision on whether to file criminal charges.
A criminal prosecution, however, could be complicated by the fact that the woman, who said she was assaulted, had a previous relationship with one of the alleged assailants, according to sources familiar with the investigation.
Questions remain about why the matter came to the attention of Milwaukee police just last week, nearly five months after the alleged assault occurred at an on-campus Halloween party in Humphrey Hall.
In an unusual move, a detective contacted Assistant District Attorney Paul Tiffin, the county's top sensitive-crimes prosecutor, on Monday to ask whether Tiffin personally wanted to review the case when it is brought to the district attorney. Typically, cases are simply sent over for review.
Tiffin said Tuesday that he told the detective that the case should be handled like any other investigation, even though athletes are allegedly involved.
"I told them, 'Treat it like a normal case,' " Tiffin said.
Tiffin said the investigator gave no indication of when the case will be sent for review.
The police investigation is just a week old - records show a Milwaukee police officer initiated an investigation into the incident on campus at 6:07 p.m. March 22 - even though the incident occurred Oct. 30.
Anne E. Schwartz, speaking for the Milwaukee Police Department, confirmed that Marquette had conducted a "noncriminal" investigation. Schwartz said in a statement that the woman indicated she was sexually assaulted by four male students at a party on the Marquette campus in October.
The Journal Sentinel is not disclosing the names of the suspects because they have not been arrested or charged.
Marquette officials who reviewed the accusation determined that the students were not responsible for any assault, a university spokeswoman said.
Marquette spokeswoman Mary Pat Pfeil said she received permission from the accused students to discuss the outcome of a hearing. The hearing was conducted by the university's Division of Student Affairs, which reviews accusations handled by Marquette's Public Safety Department, Pfeil said. The spokeswoman said she did not know when the hearing was conducted and added that she was told of the outcome recently.
She would not discuss other details of the accusation, citing federal privacy laws about student records.
Marquette's student newspaper, the Marquette Tribune, quoted Capt. Russell Shaw, associate director of the school's security force, as saying that the department performed several follow-up interviews with the student after her initial report and that she never requested further assistance.
"From the beginning, MPD was always an option for her," Shaw told the Tribune. "We never denied her that."
Kate Venne, speaking for the university, confirmed Tuesday that the alleged victim did speak several times with university public safety officials.
Federal law requires the university to develop a policy on the procedures to be followed and possible sanctions once a sexual offense has occurred. The policy also is supposed to address what procedures students should follow if a sex offense is reported, who should be contacted and to whom the alleged offense should be reported. Federal law requires the university to report crime statistics in general but does not list when a specific incident should be referred to police. That's the victim's decision, Pfeil said.
A student who engages in sexual assault faces disciplinary actions ranging from community service to warnings, limitations on activities, residence hall probation, suspension and expulsion, according to the student handbook. Pfeil said students who report an assault are told throughout the process that they can file a complaint with police. Marquette's Department of Public Safety does not have the authority to arrest anyone.
According to the MU Department of Public Safety crime log, a student reported being sexually assaulted by an acquaintance between 10:30 and 11:45 p.m. Oct. 30 at Humphrey Hall, a dorm that houses many student athletes. The log states that Milwaukee police assistance was "declined."
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