DuffMan
Well-Known Member
Let's start with some excerpts from this...
http://espn.go.com/college-football/story/_/id/7450496/ex-iowa-hawkeyes-marcus-coker-played-facing-assault-investigation
IOWA CITY, Iowa -- Former star Iowa running back Marcus Coker played the final five games of the regular season while police were investigating an allegation that he sexually assaulted a woman, authorities acknowledged Wednesday.
Weeks after authorities decided not to pursue the case, the 19-year-old sophomore was suspended. And this week, he abruptly left the program.
In Coker's case, no charges were filed and the case was dropped after the woman decided not to pursue the matter criminally. The prosecutor in the case said police investigative reports were shared with Iowa officials so they could conduct an internal disciplinary investigation into Coker.
Then we have this (applicable portions in bold) from the UI Code of Conduct which can be read in its entirety here... http://www.cstv.com/printable/schools/iowa/ot/code-of-conduct.html?frame=bottom
B. Category II Misconduct
Any of the following acts by a student-athlete is Category II misconduct:
· Violation of a criminal law that is not classified as a felony by the State of Iowa, including laws pertaining to alcohol (e.g., Operating While Intoxicated -OWI; Possessing Alcohol Under the Legal Age - PAULA);
· Violation of a term of probation imposed by a University official or Department of Athletics Administrator that does not constitute Category I misconduct;
· Violation of a Department of Athletics policy; or
· Violation of University policies, rules, and/or regulations, including:
o The University of Iowa's Code of Student Life;
o Academic dishonesty in violation of University, college, school, or department standards;
o Violation of any University student conduct regulation; or
o Willfully giving false and malicious information to a University official.
A student-athlete is determined to have committed Category II misconduct when:
· The student-athlete is convicted of, does not contest (e.g., a guilty or nolo contendere plea) or receives deferred judgment for a crime that is not a felony;
· The student-athlete is found by a court to have violated a term of court-imposed probation or other condition, and the conduct underlying the violation of probation or other condition does not constitute Category I misconduct;
· The student-athlete is determined by the Director of Athletics to have violated a term of probation or other condition imposed by the Department of Athletics and the conduct underlying the violation of probation or other condition does not constitute Category I misconduct; or
· A University official or hearing body has determined, in accordance with its official procedures, that the student-athlete has violated a University or college policy, rule, and/ or regulation.
1. Sanctions for Category II Misconduct: The Director of Athletics will determine from specific and credible information that there is a reasonable basis for concluding that the student-athlete has committed Category II misconduct. The Director of Athletics shall determine the appropriate sanction after consulting with the student-athlete's Head Coach and assigned Sport Administrator. The Director of Athletics may also consult with the FAR and appropriate University officials for recommendations regarding the appropriate sanction(s).
Sanctions for Category II misconduct may include, but are not limited to: warning, reprimand, probation with or without conditions, requirements for restitution, conditions to encourage personal rehabilitation (e.g., counseling and community service), conditions related to satisfactory academic performance, suspension from practice, suspension from competition, and/or suspension from access to athletic departmental services.
And finally we have this (applicable parts in bold) from the University of Iowa Code of Student Life which can be read in its entirety here... http://dos.uiowa.edu/policy-list/current-policies-and-regulations-affecting-students-2011-2012-academic-year/
2.2 GENERAL STATEMENT OF POLICY.
The University of Iowa prohibits sexual misconduct in any form, including sexual assault or sexual abuse, sexual harassment, and any form of nonconsensual sexual conduct. Students should be able to live, study, and work in an environment free from all forms of sexual misconduct.
Any act that falls within the definition of sexual misconduct constitutes a violation of University policy. The University is committed to fostering a campus environment that both promotes and expedites prompt reporting of sexual misconduct and timely and fair adjudication of sexual misconduct cases. The University's procedures are designed to protect the rights, needs, and privacy of the student making a University complaint, as well as the rights of students accused of sexual misconduct. The University also adheres to all federal, state, and local requirements for intervention, crime reporting, and privacy provisions related to sexual misconduct.
Sexual misconduct can be committed by men or women, and it can occur between people of the same or different sex. The University will make this policy and educational opportunities readily available to all students and other members of the University community. Creating a respectful, safe, and non-threatening environment is the responsibility of all members of the University community.
The University of Iowa will make every effort to safeguard the identities of students who seek help and/or report sexual misconduct. While steps are taken to protect the privacy of victims, the University may need to investigate an incident and take action once an allegation is known, whether or not the student chooses to pursue a complaint.
Formal complaints about sexual misconduct by University students, faculty, or staff should be made to the UI Sexual Misconduct Response Coordinator (335-6200). An academic or administrative officer, as defined in the University's Sexual Harassment policy (see II-4.1b(3)) must report any known sexual misconduct report to the Sexual Misconduct Response Coordinator. No employee is authorized to investigate or resolve student complaints without the involvement of the Sexual Misconduct Response Coordinator.
In addition to violating University policy, sexual misconduct might also constitute criminal activity. Students are strongly encouraged to inform law enforcement authorities about instances of sexual misconduct. The chances of a successful criminal investigation are greatly enhanced if evidence is collected and maintained immediately by law enforcement officers. Students may inform law enforcement authorities about sexual misconduct and discuss the matter with a law enforcement officer without making a formal criminal complaint or a formal University complaint.
Assistance in reporting any form of sexual misconduct to the proper law enforcement authorities is available to any student upon request from a certified victim advocate at RVAP or from the Sexual Misconduct Response Coordinator.
[top]
2.3 DEFINITION OF SEXUAL MISCONDUCT, INCLUDING SEXUAL ASSAULT AND SEXUAL HARASSMENT.
a. General definition. Sexual misconduct is a broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. The term includes sexual assault, sexual harassment, sexual exploitation, and sexual intimidation as those behaviors are described later in this section. Sexual misconduct can be committed by men or women, and it can occur between people of the same or different sex.
b. Consent. For purposes of this policy, consent is a freely and affirmatively communicated willingness to participate in particular sexual activity or behavior, expressed either by words or clear, unambiguous actions. It is the responsibility of the person who wants to engage in the sexual activity to insure that he or she has the consent of the other to engage in the activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. For that reason, relying solely on non-verbal communication can lead to misunderstanding. Moreover, the existence of a dating relationship between the persons involved or the fact of a past sexual relationship should never provide the basis for an assumption of consent.
Consent must be present throughout the sexual activity -- at any time, a participant can communicate that he or she no longer consents to continuing the activity. If there is confusion as to whether anyone has consented or continues to consent to sexual activity, it is essential that the participants stop the activity until the confusion can be clearly resolved
==================================
It seems quite clear that the University could very well have suspended Coker for an alleged sexual assualt despite the fact no charges were filed. Much like a civil case versus a criminal case the burden of proof would be considerably lower for a U of I investigation than it would be for a criminal investigation. This would also explain Cokers feelings as he's being punished for something he's never even been charged with. I claim no direct knowledge of the situation and never had, although it's difficult to admit that at least in this case, 1+1+1 does equal 3.
http://espn.go.com/college-football/story/_/id/7450496/ex-iowa-hawkeyes-marcus-coker-played-facing-assault-investigation
IOWA CITY, Iowa -- Former star Iowa running back Marcus Coker played the final five games of the regular season while police were investigating an allegation that he sexually assaulted a woman, authorities acknowledged Wednesday.
Weeks after authorities decided not to pursue the case, the 19-year-old sophomore was suspended. And this week, he abruptly left the program.
In Coker's case, no charges were filed and the case was dropped after the woman decided not to pursue the matter criminally. The prosecutor in the case said police investigative reports were shared with Iowa officials so they could conduct an internal disciplinary investigation into Coker.
Then we have this (applicable portions in bold) from the UI Code of Conduct which can be read in its entirety here... http://www.cstv.com/printable/schools/iowa/ot/code-of-conduct.html?frame=bottom
B. Category II Misconduct
Any of the following acts by a student-athlete is Category II misconduct:
· Violation of a criminal law that is not classified as a felony by the State of Iowa, including laws pertaining to alcohol (e.g., Operating While Intoxicated -OWI; Possessing Alcohol Under the Legal Age - PAULA);
· Violation of a term of probation imposed by a University official or Department of Athletics Administrator that does not constitute Category I misconduct;
· Violation of a Department of Athletics policy; or
· Violation of University policies, rules, and/or regulations, including:
o The University of Iowa's Code of Student Life;
o Academic dishonesty in violation of University, college, school, or department standards;
o Violation of any University student conduct regulation; or
o Willfully giving false and malicious information to a University official.
A student-athlete is determined to have committed Category II misconduct when:
· The student-athlete is convicted of, does not contest (e.g., a guilty or nolo contendere plea) or receives deferred judgment for a crime that is not a felony;
· The student-athlete is found by a court to have violated a term of court-imposed probation or other condition, and the conduct underlying the violation of probation or other condition does not constitute Category I misconduct;
· The student-athlete is determined by the Director of Athletics to have violated a term of probation or other condition imposed by the Department of Athletics and the conduct underlying the violation of probation or other condition does not constitute Category I misconduct; or
· A University official or hearing body has determined, in accordance with its official procedures, that the student-athlete has violated a University or college policy, rule, and/ or regulation.
1. Sanctions for Category II Misconduct: The Director of Athletics will determine from specific and credible information that there is a reasonable basis for concluding that the student-athlete has committed Category II misconduct. The Director of Athletics shall determine the appropriate sanction after consulting with the student-athlete's Head Coach and assigned Sport Administrator. The Director of Athletics may also consult with the FAR and appropriate University officials for recommendations regarding the appropriate sanction(s).
Sanctions for Category II misconduct may include, but are not limited to: warning, reprimand, probation with or without conditions, requirements for restitution, conditions to encourage personal rehabilitation (e.g., counseling and community service), conditions related to satisfactory academic performance, suspension from practice, suspension from competition, and/or suspension from access to athletic departmental services.
And finally we have this (applicable parts in bold) from the University of Iowa Code of Student Life which can be read in its entirety here... http://dos.uiowa.edu/policy-list/current-policies-and-regulations-affecting-students-2011-2012-academic-year/
2.2 GENERAL STATEMENT OF POLICY.
The University of Iowa prohibits sexual misconduct in any form, including sexual assault or sexual abuse, sexual harassment, and any form of nonconsensual sexual conduct. Students should be able to live, study, and work in an environment free from all forms of sexual misconduct.
Any act that falls within the definition of sexual misconduct constitutes a violation of University policy. The University is committed to fostering a campus environment that both promotes and expedites prompt reporting of sexual misconduct and timely and fair adjudication of sexual misconduct cases. The University's procedures are designed to protect the rights, needs, and privacy of the student making a University complaint, as well as the rights of students accused of sexual misconduct. The University also adheres to all federal, state, and local requirements for intervention, crime reporting, and privacy provisions related to sexual misconduct.
Sexual misconduct can be committed by men or women, and it can occur between people of the same or different sex. The University will make this policy and educational opportunities readily available to all students and other members of the University community. Creating a respectful, safe, and non-threatening environment is the responsibility of all members of the University community.
The University of Iowa will make every effort to safeguard the identities of students who seek help and/or report sexual misconduct. While steps are taken to protect the privacy of victims, the University may need to investigate an incident and take action once an allegation is known, whether or not the student chooses to pursue a complaint.
Formal complaints about sexual misconduct by University students, faculty, or staff should be made to the UI Sexual Misconduct Response Coordinator (335-6200). An academic or administrative officer, as defined in the University's Sexual Harassment policy (see II-4.1b(3)) must report any known sexual misconduct report to the Sexual Misconduct Response Coordinator. No employee is authorized to investigate or resolve student complaints without the involvement of the Sexual Misconduct Response Coordinator.
In addition to violating University policy, sexual misconduct might also constitute criminal activity. Students are strongly encouraged to inform law enforcement authorities about instances of sexual misconduct. The chances of a successful criminal investigation are greatly enhanced if evidence is collected and maintained immediately by law enforcement officers. Students may inform law enforcement authorities about sexual misconduct and discuss the matter with a law enforcement officer without making a formal criminal complaint or a formal University complaint.
Assistance in reporting any form of sexual misconduct to the proper law enforcement authorities is available to any student upon request from a certified victim advocate at RVAP or from the Sexual Misconduct Response Coordinator.
[top]
2.3 DEFINITION OF SEXUAL MISCONDUCT, INCLUDING SEXUAL ASSAULT AND SEXUAL HARASSMENT.
a. General definition. Sexual misconduct is a broad term encompassing any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation. The term includes sexual assault, sexual harassment, sexual exploitation, and sexual intimidation as those behaviors are described later in this section. Sexual misconduct can be committed by men or women, and it can occur between people of the same or different sex.
b. Consent. For purposes of this policy, consent is a freely and affirmatively communicated willingness to participate in particular sexual activity or behavior, expressed either by words or clear, unambiguous actions. It is the responsibility of the person who wants to engage in the sexual activity to insure that he or she has the consent of the other to engage in the activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. For that reason, relying solely on non-verbal communication can lead to misunderstanding. Moreover, the existence of a dating relationship between the persons involved or the fact of a past sexual relationship should never provide the basis for an assumption of consent.
Consent must be present throughout the sexual activity -- at any time, a participant can communicate that he or she no longer consents to continuing the activity. If there is confusion as to whether anyone has consented or continues to consent to sexual activity, it is essential that the participants stop the activity until the confusion can be clearly resolved
==================================
It seems quite clear that the University could very well have suspended Coker for an alleged sexual assualt despite the fact no charges were filed. Much like a civil case versus a criminal case the burden of proof would be considerably lower for a U of I investigation than it would be for a criminal investigation. This would also explain Cokers feelings as he's being punished for something he's never even been charged with. I claim no direct knowledge of the situation and never had, although it's difficult to admit that at least in this case, 1+1+1 does equal 3.
