It is public knowledge that the DCI found Bubu's DNA with the condom in the accuser's room. If there was any proof or testimony that the accuser was intoxicated, I would think that it fits the definition of sexual misconduct as defined by Iowa State. Does that not give justification for disciplinary action? Maybe Leath wanted to avoid the **** storm that would probably come if nothing was done by the university.
For every argument about how the AD and president don't back up athletes, there would be many more saying that they cover up sexual misconduct cases when an athlete is involved.