I think all of the meaningful info is in the police report, someone linked it on here.
The whole night is a blurry mess for the victim, her statement has gaps in it, but what parts she does recall ring of truth. She's not out to crucify the guys or get revenge, her mom seems to have pushed for it to be reported the further addressed by the PD. She gave some initial consent, got very uncomfortable with the direction things went and was not able to or felt unsafe in making it clear to the players that she was no longer consenting. That's a real headache of something to sort out from a bunch of college aged kids who were drunk.
The guys think that they all had consent from her; it's harder to tease out where they're being forthcoming and where they're trying to be deceptive as the notes are less detailed for their statements. FWIW, Djam seems totally forthcoming and honestly seems to feel that he received consent for everything he did.
One of the players says he shows up because he gets a message about what is going on from a teammate, and the player that got the message goes into the room and engages sexually with the victim; I don't recall if he is the same person, but one of the interview summaries by the police says that a player heard that she was OK with what was going on from another player not from the girl herself. That is troubling to me, it sounds like the guys are calling in buddies to have their turn with her and accepting second hand statements as consent being given.
In my opinion:
- Should these guys be prosecuted? No.
- Was consent clearly given for some of the sexual acts? Definitively yes.
- Was consent clearly given for all the sexual acts? Almost definitely no.
- Was the girl capable of offering consent to additional individuals who kept arriving? Almost definitely no.
- Would it be crystal clear that she was not accepting to the guys who arrived later? Most likely no.
- Does the University have enough evidence to support the likelihood that their code of conduct was breached by players? Yes
- Is it within the University's rights to punish players even if criminal charges aren't filed? Yes
- Does the timing of everything suck? Yes
- Should timing in regards to the football schedule be any significant concern for the University's investigation and recommendation? Not really.
- Does this situation suck for everyone involved? Yes
- Because the situation sucks should it be swept under the rug? Absolutely not.
- Is it the end of the world if 10 guys miss a bowl game? Nope
- Is it fair if 10 guys miss a game even if they didn't do anything absolutely wrong? Probably not
- Do I have any sympathy for guys who decide to run a train on a drunk girl, even is she seems ok with it at the time? Nope
- Should I have sympathy for them? Maybe
Hopefully things calm down a little bit and the team plays their bowl game. Hopefully the guys who got deep into the gray area of what consent really means learn something from this.
Most of all, I hope the victim is not shamed for reporting this. Even if it qualifies as consent given, there are not clear cut answers and we should not send the message that people who feel victimized should be afraid to ask the police to investigate.