This is going to make some of you cringe and there will probably be some severe disagreement about what should happen to suspended Texas Tech quarterback, Jett Duffey.
LAJ’s Sarah Rafique obtained the Title IX documents. I won’t go into the detail that she went into her article, so if you want to delve deep into it then that’s where you’ll need to go.
From what I can tell. This is the standard operating procedure for how sexual assaults are supposed to be reported and handled. According to the article, the woman reported the sexual assault to the Texas Tech police and it was then referred to Lubbock Police Department, which then referred things to the Lubbock County Criminal District Attorney’s Office, where it was presented to a grand jury on March 21st and was “no-billed” which means that there was not sufficient evidence to prosecute the case.
The woman’s attorney stated that Texas Tech handled the situation correctly. The difference in the testimony between Duffey and the woman is that Duffey said that the woman was not intoxicated at all and the woman says that she was so intoxicated that she couldn’t even move. The University found Duffey responsible (not guilty) of two counts of non-consensual intercourse, but found not responsible of sexual misconduct of digital penetration (I do not know what the elements of these items are and that’s usually pretty important).
Duffey’s attorney provided the LAJ six different witness statements and all six witness statements were different about the events that night (and were friends with Duffey), however the panel ended up deciding as follows:
The letter says the “panel was mindful that many of the witnesses who were present toward the end of the night, just before the sexual activity occurred, were close friends of (Duffey).” It goes on to say the only witness who didn’t provide an affidavit “had an account that was largely inconsistent with the statements provided by other witnesses, and, importantly, corroborated key aspects of (the woman’s) account.”
“Despite concerns of possible collusion among (Duffey’s) witnesses, even they confirmed that the (woman) was intoxicated to the point of vomiting and had to be physically helped out of the bathroom,” the letter says.
The issue here is that Duffey is being allowed back on the team and Texas Tech head football coach Kliff Kingsbury has discussed Duffey’s return after the suspension has ended. One of my main tenants in life is that I believe in the process. When the courts eventually ruled that TTU had immunity in Mike Leach’s lawsuit against TTU, I didn’t think there was any other way to acknowledge this ruling other than it had to be right. Despite my half-arsed thought about it being wrong, it was me that was wrong. Essentially, I believe in the rules, laws and processes and I believe in the penalties that are set up by others to punish those people.
I have a difficult time imposing a greater penalty than what our agreed upon society has determined to be appropriate.
A panel of educators suspended Duffey for two semesters (Rafique said in some tweets that Duffey was given the opportunity by the University to delay his suspension until the spring and summer, which he took but was initially suspended in September) and he’s served that suspension. The District Attorney’s office did not feel that there was sufficient evidence to pursue a case. For all intents and purposes, there was no criminal case against Duffey.
There’s going to be plenty of people that feel that Duffey should be kicked off the team permanently and personally, I have a difficult time imposing a greater penalty than what Duffey has already served. If the suspension did not result in him being kicked off the football team, then I feel somewhat obligated to feel the same way. On the other hand, I’ve been critical of Baylor, in particular how the football program seemed to sweep these sorts of events under the rug. As mentioned above, everything was reported appropriately and the woman does not appear to be making any sort claim that Texas Tech handled this poorly. That’s my line of demarcation. Was justice, in whatever form that is, allowed to take place? That appears to be so. This event was handled according to the rules. For those of you that are thinking that Duffey should be kicked off the team, well, I don’t you’re wrong for having that opinion and you’re also not wrong for wanting to allow Duffey back on the team. I think this is a complicated situation.