Starr orders investigation of handling of Baylor player’s case

Baylor University administrators will investigate the school’s handling of the sexual assault case against a football player who was allowed to transfer into coach Art Briles’ program despite a history of disciplinary problems at Boise State.

After defensive end Sam Ukwuachu was sentenced Friday in a Waco court, Baylor President Ken Starr called for a “comprehensive internal inquiry into the circumstances associated with the case and the conduct of the offices involved.”

The review will be led by law professor Jeremy Counseller, who is a faculty athletic representative to the Big 12 and NCAA and former assistant criminal district attorney.

Ukwuachu, 22, was sentenced to six months in jail and put on 10 years of probation Friday for raping a former Baylor women’s soccer player in his apartment on homecoming weekend 2013.

During the trial, Ukwuachu’s former girlfriend at Boise State testified that he had struck and choked her.

The case has brought scrutiny to Baylor officials for their investigation of the soccer player’s report to campus and Waco police that Ukwuachu raped her and to Briles for allowing Ukwuachu to enroll.

A Baylor administrator testified that the school investigated the woman’s complaint but didn’t find enough evidence “to move forward.”

Baylor associate dean Bethany McCraw testified that, in her opinion, the institution lacked the evidence to pursue charges. McCraw said, according to published reports, that she did not review a nurse’s report on the sexual assault or Ukwuachu’s history at Boise State.

Dueling statements

Briles said in a statement Friday that he spoke with then-Boise State coach Chris Petersen about Ukwuachu when the player was looking to transfer, but was never told of incidents of violence toward women. Petersen is now the coach at Washington.

“I know and respect Coach Petersen and he would never recommend a student-athlete to Baylor that he didn’t believe in. In our discussion, he did not disclose that there had been violence toward women, but he did tell me of a rocky relationship with his girlfriend which contributed to [Ukwuachu’s] depression,” Briles said. “The only disciplinary action I was aware of were team-related issues, insubordination of coaches and missing practice.”

Briles also said he spoke with Ukwuachu’s high school coach.

“As required with any transfer to Baylor, Boise State acknowledged that he was not suspended due to any institutional disciplinary reasons and further that he was eligible for competition if he chose to return to Boise State,” Briles said.

Baylor also released a copy of a “transfer information request” dated May 29, 2013, and filled out by a Boise State compliance officer. The “no” box is checked beside the question “has this student been suspended or disqualified from your institution for disciplinary reasons?”

“Yes” is checked beside the final question: “Would this student have been eligible had they returned to your institution?”

Petersen also released a statement Friday.

“After Sam Ukwuachu was dismissed from the Boise State football program and expressed an interest in transferring to Baylor, I initiated a call with coach Art Briles,” Petersen said. “In that conversation, I thoroughly apprised Coach Briles of the circumstances surrounding Sam’s disciplinary record and dismissal.”

‘Some issues’

Ukwuachu, who graduated from Pearland High School, started 12 games for Boise State as a freshman, but was dismissed from the team and left the school in the spring of 2013. Boise State never explained why.

He transferred to Baylor but never played for the Bears. In 2013, he was ineligible because of NCAA transfer rules. For the 2014 season, Briles did not explain why he was not playing.

Texas Monthly reported Thursday “that Ukwuachu transferred to Baylor in May 2013 because he had been kicked off the Boise State team for a previous incident of violence involving a female student.”

In Waco, he was indicted on two counts of sexual assault on June 25, 2014. When he wasn’t on the active roster for the 2014 season, the school “characterized his indictment for sexual assault as ‘some issues,’” Texas Monthly reported.

Sexual assault reported

The sexual assault occurred in October 2013, while Ukwuachu was sitting out his transfer season under standard NCAA rules. The female Baylor student testified that she was assaulted at Ukwuachu’s apartment after a homecoming party. She said she yelled “no” repeatedly during the assault.

Her counselor at Baylor testified that the woman was diagnosed with post-traumatic stress disorder after the assault. When she tried to avoid Ukwuachu on campus, the school didn’t move him out of the classes or tutoring sessions the two shared; instead, she had to adjust her schedule. Eventually, the woman’s soccer scholarship was reduced, and she transferred to another university after the 2013-14 school year, Texas Monthly reported.

After charges were filed, Ukwuachu was removed from the football roster pending the legal outcome. He continued to take classes and graduated, The Dallas Morning News reported.

“It’s unfortunate for everybody concerned,” Briles said. “Our timeline was followed by what the standards were here. When the incident happened, he’s off the roster. Never played a down for us.”

Briles’ success at Baylor

Briles has turned Baylor from perennial Big 12 doormats into a national power during his eight years in Waco. Briles’ up-tempo spread offense has produced record-breaking numbers and helped the Bears have their first Heisman Trophy winner in Robert Griffin III in 2011. Baylor has won consecutive Big 12 titles and is expected to contend for a spot in the College Football Playoff this season.

Briles has found some success at Baylor welcoming players who have had problems at other programs, most notably star defensive end Shawn Oakman, who was dismissed at Penn State for a violation of team rules and transferred to the Bears.

In an email to Baylor alumni Friday night, Starr said: “Today we are filled with profound sadness. Yesterday, a former student-athlete was convicted for the sexual assault of another former student-athlete. Our hearts are broken for the victim who has been terribly harmed by this unspeakable tragedy. We also grieve for all those who have been touched by this human calamity, and for our beloved University, whose essential purpose and distinctive mission are to be guarded as the treasured legacy of our founders. …

“We work tirelessly to provide a distinctly Christian and safe educational experience for our students and to continually advance the good name and high calling of Baylor University. That a student would be grievously harmed and our University’s good name besmirched deeply saddens all who love Baylor and have a care for her, including those of us who are blessed to serve on this campus.”

The statement was prefaced with an excerpt from a passage from Ecclesiastes: “There is a time for everything ....a time to weep and a time to laugh, a time to mourn and a time to dance....”

This report includes material from The Dallas Morning News and Texas Monthly.

Statements from Baylor President Ken Starr and Coach Art Briles

This story was originally published August 21, 2015 at 11:22 PM with the headline "Starr orders investigation of handling of Baylor player’s case."