The attorney for one of two suspended Nebraska football players said Friday that his client did nothing wrong and that accusations of sexual misconduct against him were "a case of buyer's remorse."
Lincoln attorney Carlos Monzon, who represents Andre Hunt, said that the alleged victim exchanged social media messages with his client discussing sex and that later, after having sex, "screamed rape."
Monzon commented after ESPN reported Thursday that his client along with another suspended football player, Katerian LeGrone, were found to have violated the school’s sexual misconduct policies and face a 2 ½-year suspension by the university.
Said Monzon, "Our position is that we're going to file an appeal (to the suspension) and more than likely file a lawsuit against the university."
The attorney said it was still undecided what kind of lawsuit would be filed, possibly it could be for libel or violation of his client's civil rights. "Definitely, we're going to do something about it," Monzon said.
Omaha attorney Kaz Long, who was retained by LeGrone, told the World-Herald on Thursday that his client had done nothing wrong and he looked forward to clearing his name. The father of the alleged victim declined to comment.
Husker coaches said in August that the two redshirt freshmen were suspended indefinitely from all team activities, but declined to elaborate on why.
Neither played this season.
A university spokesperson said Thursday that Hunt and LeGrone remain enrolled. An athletic department spokesperson said the two still are suspended from the team but had no further comment.
The two players were suspended from the team a day after a woman told authorities that she had been sexually assaulted, ESPN noted.
ESPN said the university report, issued Wednesday, stated that the “greater weight of the evidence” supported that the two men “engaged in sexual assault and sexual harassment, in violation of university sexual misconduct policies” in an Aug. 25 incident at their off-campus apartment.
Lancaster County Attorney Pat Condon said Thursday that no criminal charges are pending against the players. But there is no statute of limitations for sexual assault, which means charges could be filed later.
Monzon, Hunt's attorney, said Friday that it's his understanding that no charges will be filed. "If the county attorney has not filed it by now, it's because he doesn't have the evidence," Monzon said.
Any criminal allegations would have to be proven beyond a reasonable doubt. The burden of proof in Title IX investigations by universities is much lower, requiring only a showing that the “greater weight of the evidence” indicated that sexual misconduct occurred.
Copies of the investigation, done by the university’s Title IX office, and the proposed punishment were given to Hunt and LeGrone on Wednesday.
Monzon said Friday that he had not yet seen the report, and expressed outrage that he has not been provided the details on which the suspension was ordered.
The university’s investigation report, according to ESPN, stated that Hunt said he invited a woman to his apartment via Snapchat and told her he wanted to have sex. The woman said she told Hunt she didn’t want to have sex with him, and that he agreed they could just hang out, according to the report. Hunt said it was clear he invited her over to have sex, according to the report.
According to the report, Hunt, LeGrone and the woman each said Hunt and LeGrone had sex with her. They disagreed, however, as to whether the sex was consensual.
Hunt, a receiver from Palm Dale, California, had practiced with the No. 1 offense for much of fall camp. He was a three-star prospect out of Paraclete High School in the 2018 class.
LeGrone, a reserve tight end, appeared in three games in 2018. He was a three-star recruit from B.E.S.T. Academy in Atlanta in the 2018 class.
“We maintain that (LeGrone) did nothing wrong,” Long said. “He’s innocent, and he looks forward to clearing his name someday.”
Long said that LeGrone has the right to appeal the university’s proposed actions by next Friday.
“It goes straight to the administration,” he said. “Beyond that, we could take it to district court.”
Long said he is still discussing with LeGrone whether to file an appeal.
ESPN said the university set a 2 ½-year suspension to allow the woman to complete her education “free from a hostile environment” with the two men, according to the report.
Under Title IX rules, respondents are eligible to return to the school after serving the suspension.