UW-Madison officials refute Title IX criticism from defense attorney over Cephus case

Madalyn O'Neill by Madalyn O'Neill

Editor’s note: This story has been updated with new information provided by UW-Madison officials.

As former Badger wide receiver Quintez Cephus awaits the University of Wisconsin-Madison’s final word on whether the university will allow him back, one Madison attorney is offering insight on what goes into that decision.

Defense attorney Chris Van Wagner isn’t associated with Cephus’s case, but said from his experience defending UW-Madison students, those accused of sexual assault on campus often don’t get their day in court, with hearings he said are stacked against them because of how the university has interpreted Title IX rulings.

“Hearings are almost impossible to win,” he said. “They rarely give you any chance to change their minds. You never get to question the accuser.”

UW-Madison officials dispute that characterization of how Title IX investigations are run, saying in a statement to News 3 Now that “if a complainant provides any information during the hearing, they are subject to cross-examination.”

In the statement, they also note that in 2017, “11 complaints of sexual assault against students were investigated and the university found students responsible in 4.”

Cephus was expelled following allegations he sexually assaulted two women before his criminal trial cleared his name.

“This rush to expel people to provide a safe space for accusers is inevitably tipped in favor of the accuser, and therefore severely tramples the rights and futures of many young men,” Van Wagner said.

He said expelled students often don’t request readmission, calling Cephus’s petition for reinstatement “unusual.”

UW officials note that all students that are expelled have the right to appeal to the chancellor and the UW System Board of Regents.

When determining whether to reinstate Cephus, Van Wagner believes UW will have to look at how the decision might affect others.

“They have to stop and think, how many other young men we have sent packing can come back and say, ‘Let me in?'” he said.

He thinks the university will also have to consider a potential civil lawsuit.

“Quintez Cephus has the best lawyers in the country when it comes to suing universities for the violations of their rights,” Van Wagner said.

UW-Madison makes it clear its code of student conduct is separate from criminal law, and as the director of the Rape Crisis Center told News 3 immediately following the not guilty verdicts, even a jury decision doesn’t prove innocence in everyone’s minds.

“I was disappointed, but I was not surprised,” director Erin Thornley Parisi said. “You can’t continue to be surprised when such a small percentage of perpetrators are convicted.”

Thornley Parisi said less than 2% of sexual assailants will face time behind bars.

“Just because somebody doesn’t serve time doesn’t mean they didn’t do it,” she said. “We believe victims. We know that what these women say reported happens did happen.”

“I’m saying those who are falsely accused,” Van Wagner said, adding that he in no way condones sexual assault. “Those are the people who pay the price.”

Van Wagner hopes what happened with Cephus may shed a light on future cases like this.

“Maybe this will be a wake-up call to the UW that they have to inject more fairness to the process,” he said.

In a statement, UW-Madison wrote, “Chancellor (Rebecca) Blank is fully engaged on this issue and ready to act promptly as soon as university staff complete their review.”

In the updated information provided Wednesday, the UW officials note that they are required under federal law to “act promptly regardless of whether a criminal process is also underway,” noting that it could “prohibit the university from taking action on allegations of sexual assault in a timely fashion.”

The statement noted that former UW-Madison student Alec Cook, who was arrested on sexual assault charges in October 2016 was expelled in March 2017, but the criminal proceedings did not conclude until June 2018. Van Wagner was one of the attorneys representing Cook in his criminal case.

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