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Documents: At least week between initial U of I sexual assault probe, police investigation
TOM WITOSKY • Copyright 2007, Des Moines Register & Tribune Co. • December 7, 2007
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University of Iowa athletic officials completed their initial investigation into an alleged sexual assault linked to members of the Iowa football team at least a week before law enforcement searched the dormitory where the alleged assault took place.
Though the U of I was not required by its own policies to inform police of the alleged assault, federal law requires universities to encourage reporting — and a law enforcement official has said any delay could inhibit an investigation.
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The U of I released 18 pages of documents related to the alleged assault this afternoon in response to requests from media under the Iowa Open Records Law.
One of the documents shows that Mary Curtis, U of I associate athletic director for compliance, met with the victim and her father before Nov. 8 — the earliest e-mail correspondence in documents released today that indicated university involvement in the case before a police complaint was filed.
Curtis, in an e-mail to U of I public safety director Chuck Green, said investigative reports were “turned over to the General Counsel’s Office and EOD (Office of Equal Opportunity and Diversity).â€
Iowa Department of Criminal Investigation officials did not search the Hillcrest Residence Hall dormitory, site of the alleged assault, until the following week.
Jim Saunders, a spokesman for the Iowa DCI, previously told The Register that any delay in accessing a potential crime scene inhibits an investigation.
"It is always better for our investigators to get to a crime scene as soon as possible after a crime has been committed," Saunders said.
But a U.S. Department of Education handbook advising schools on how to comply with a law enacted by Congress in 1990, now known as the Clery Act, says: "Your policy must encourage individuals to report all crimes to campus police and police agencies ... in a timely manner."
E-mails also indicated the father of the alleged victim asked for and received copies of internal documents related to sexual harassment and assault polices at U of I.
The father, a Curtis e-mail indicated, “seemed to have a good level of comfort and understanding with the options presented within and to his daughter.â€
The document also seems to indicate, for the first time, that the alleged victim is a U of I athlete. The alleged victim’s name was not included in the documents and The Register does not publish names of victims without their consent, unless the victim files a civil suit.
According to the Curtis e-mail, the document “Sexual Assault Resource and Referral Options†was given to the family because the policy is something “we distribute internally AND give to all of our student-athletes for when we discuss sexual assault and harassment during their annual certification meetings.â€
University officials have kept silent on what actions they took in response to the allegations because of the current criminal investigation being conducted by the University of Iowa campus police and the Iowa Division of Criminal Investigation.
Johnson County Attorney Janet Lyness is overseeing the probe.
Questions about the university’s potential handling of the assault has been targeted by members of the Board of Regents, who have questioned whether university policies are adequate and whether they were followed.
A campus police report filed Nov. 5 and made public Nov. 7 indicates that an incident occurred between 2 a.m. and 6 a.m. Oct. 14 and that there is an active investigation of third-degree sexual assault — a Class C felony, punishable by up to 10 years in prison and a $10,000 fine.
The university previously released a statement indicating that three U of I football players were questioned in connection with the alleged assault, but neither police nor university representatives have identified the players or characterized why they were questioned.
No charges have been filed.
Two female students have told The Des Moines Register that they saw freshman defensive back Abe Satterfield of Erie, Pa., and freshman running back Jevon Pugh of Naples, Fla., with the alleged victim, on a bench in front of Hillcrest during the time of the alleged assault, as outlined in police reports.
The women, who characterized themselves as friends of Satterfield and defensive back Cedric Everson of Detroit, said they saw Satterfield and Pugh at about 3 a.m. the morning of the alleged incident with the woman.
Everson was inside Hillcrest at that time, the women, Ventara Dillon and Eva Terry, said in independent interviews.
Satterfield and Everson were removed without explanation from active participation with the team Oct. 23. Pugh is in good standing with the team and suited up for the last game of the season.
The delay between the date of the alleged assault and the start of the police investigation has raised questions about how much university and athletic officials knew before the police report was filed — and how effective a criminal investigation will be.
Green, the U of I public safety director, said he knew nothing about the case until the initial report was filed with his office.
"I assure you, before Nov. 7, we didn't know about this victim, didn't know her name and had no names of suspects or any connection between suspects and her," Green said. "You have to remember that victims of sexual assault have the right not to report to police, and that is what she wanted."
The public safety department received a "rape kit" from U of I Hospitals on Oct. 14, according to Green, but it was marked as being from a victim who chose not to talk to police.
"The service record says that the victim 'doesn't wish to be identified at this time,' " Green said.
Five search warrants obtained by investigators were sealed for 60 days by Johnson County Judge Amanda Potterfield on Nov. 16.
Both the U of I university and athletic departments have procedures for dealing with allegations of sexual abuse.
Under the university policy, those situations are to be reported to the Office of the Vice President for Student Services if the allegations are against a student and the conduct occurred in a residence hall.
Once a formal complaint is filed, it is then investigated by the Office of Equal Opportunity and Diversity, which can hold hearings to determination whether a violation occurred.
There is no provision in the school's policies requiring university officials to notify law enforcement agencies of an alleged assault.
Campus disciplinary action, which could include suspension or expulsion from school, is then to be determined by the Office of Vice President of Student Services and the dean of students.
The athletic department policy mirrors the university policy, except at the initial stages.
Complaints are reviewed by Curtis, the U of I athletic department sexual harassment compliance officer, and Fred Mims, director of athlete-student services. If they determine that a formal complaint is to be filed, the complaint is forwarded to the Office of Equal Opportunity and Diversity, which conducts the investigation.
Check back to DesMoinesRegister.com later today — and read more about this story in tomorrow’s newspaper.
Documents: At least week between initial U of I sexual assault probe, police investigation
TOM WITOSKY • Copyright 2007, Des Moines Register & Tribune Co. • December 7, 2007
* Read Comments(2)
* Recommend
* Print this page
* E-mail this article
* Share this article:
* Del.icio.us
* Digg
* Newsvine
* What’s this?
University of Iowa athletic officials completed their initial investigation into an alleged sexual assault linked to members of the Iowa football team at least a week before law enforcement searched the dormitory where the alleged assault took place.
Though the U of I was not required by its own policies to inform police of the alleged assault, federal law requires universities to encourage reporting — and a law enforcement official has said any delay could inhibit an investigation.
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The U of I released 18 pages of documents related to the alleged assault this afternoon in response to requests from media under the Iowa Open Records Law.
One of the documents shows that Mary Curtis, U of I associate athletic director for compliance, met with the victim and her father before Nov. 8 — the earliest e-mail correspondence in documents released today that indicated university involvement in the case before a police complaint was filed.
Curtis, in an e-mail to U of I public safety director Chuck Green, said investigative reports were “turned over to the General Counsel’s Office and EOD (Office of Equal Opportunity and Diversity).â€
Iowa Department of Criminal Investigation officials did not search the Hillcrest Residence Hall dormitory, site of the alleged assault, until the following week.
Jim Saunders, a spokesman for the Iowa DCI, previously told The Register that any delay in accessing a potential crime scene inhibits an investigation.
"It is always better for our investigators to get to a crime scene as soon as possible after a crime has been committed," Saunders said.
But a U.S. Department of Education handbook advising schools on how to comply with a law enacted by Congress in 1990, now known as the Clery Act, says: "Your policy must encourage individuals to report all crimes to campus police and police agencies ... in a timely manner."
E-mails also indicated the father of the alleged victim asked for and received copies of internal documents related to sexual harassment and assault polices at U of I.
The father, a Curtis e-mail indicated, “seemed to have a good level of comfort and understanding with the options presented within and to his daughter.â€
The document also seems to indicate, for the first time, that the alleged victim is a U of I athlete. The alleged victim’s name was not included in the documents and The Register does not publish names of victims without their consent, unless the victim files a civil suit.
According to the Curtis e-mail, the document “Sexual Assault Resource and Referral Options†was given to the family because the policy is something “we distribute internally AND give to all of our student-athletes for when we discuss sexual assault and harassment during their annual certification meetings.â€
University officials have kept silent on what actions they took in response to the allegations because of the current criminal investigation being conducted by the University of Iowa campus police and the Iowa Division of Criminal Investigation.
Johnson County Attorney Janet Lyness is overseeing the probe.
Questions about the university’s potential handling of the assault has been targeted by members of the Board of Regents, who have questioned whether university policies are adequate and whether they were followed.
A campus police report filed Nov. 5 and made public Nov. 7 indicates that an incident occurred between 2 a.m. and 6 a.m. Oct. 14 and that there is an active investigation of third-degree sexual assault — a Class C felony, punishable by up to 10 years in prison and a $10,000 fine.
The university previously released a statement indicating that three U of I football players were questioned in connection with the alleged assault, but neither police nor university representatives have identified the players or characterized why they were questioned.
No charges have been filed.
Two female students have told The Des Moines Register that they saw freshman defensive back Abe Satterfield of Erie, Pa., and freshman running back Jevon Pugh of Naples, Fla., with the alleged victim, on a bench in front of Hillcrest during the time of the alleged assault, as outlined in police reports.
The women, who characterized themselves as friends of Satterfield and defensive back Cedric Everson of Detroit, said they saw Satterfield and Pugh at about 3 a.m. the morning of the alleged incident with the woman.
Everson was inside Hillcrest at that time, the women, Ventara Dillon and Eva Terry, said in independent interviews.
Satterfield and Everson were removed without explanation from active participation with the team Oct. 23. Pugh is in good standing with the team and suited up for the last game of the season.
The delay between the date of the alleged assault and the start of the police investigation has raised questions about how much university and athletic officials knew before the police report was filed — and how effective a criminal investigation will be.
Green, the U of I public safety director, said he knew nothing about the case until the initial report was filed with his office.
"I assure you, before Nov. 7, we didn't know about this victim, didn't know her name and had no names of suspects or any connection between suspects and her," Green said. "You have to remember that victims of sexual assault have the right not to report to police, and that is what she wanted."
The public safety department received a "rape kit" from U of I Hospitals on Oct. 14, according to Green, but it was marked as being from a victim who chose not to talk to police.
"The service record says that the victim 'doesn't wish to be identified at this time,' " Green said.
Five search warrants obtained by investigators were sealed for 60 days by Johnson County Judge Amanda Potterfield on Nov. 16.
Both the U of I university and athletic departments have procedures for dealing with allegations of sexual abuse.
Under the university policy, those situations are to be reported to the Office of the Vice President for Student Services if the allegations are against a student and the conduct occurred in a residence hall.
Once a formal complaint is filed, it is then investigated by the Office of Equal Opportunity and Diversity, which can hold hearings to determination whether a violation occurred.
There is no provision in the school's policies requiring university officials to notify law enforcement agencies of an alleged assault.
Campus disciplinary action, which could include suspension or expulsion from school, is then to be determined by the Office of Vice President of Student Services and the dean of students.
The athletic department policy mirrors the university policy, except at the initial stages.
Complaints are reviewed by Curtis, the U of I athletic department sexual harassment compliance officer, and Fred Mims, director of athlete-student services. If they determine that a formal complaint is to be filed, the complaint is forwarded to the Office of Equal Opportunity and Diversity, which conducts the investigation.
Check back to DesMoinesRegister.com later today — and read more about this story in tomorrow’s newspaper.
