The University released a statement on the ruling in favor of Callaway, a statement that you can read here.
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Schickel ruled that the woman’s account didn’t meet the burden of proof.
“We would have been surprised if any other outcome would have occurred”, said John Clune, the woman’s attorney.
“As a fact finder it is my impression that Mr. Callaway was honest, sincere, and presented himself well”, Schickel wrote in his decision, adding that Callaway was the only live witness at the hearing.
The hearing officer noted the accuser made inconsistent statements in text messages about whether force was used during the sexual encounter and whether she had been raped.
“I was never told anything that would make me think there was a prosecutable claim of sexual assault or sexual battery or anything along those lines”, Cervone told the Orlando Sentinel on August 8.
A third-party Title IX hearing officer found Callaway not responsible for conduct causing physical injury, sexual assault and sexual misconduct. “It just seems like this whole situation, ever since we found out they were having a booster hear the case, is a disgrace, and it’s a disservice to everybody who is involved in this process”. The school knows better, and they owe the female students at UF better than this.
Callaway’s Gainesville-based attorney, Huntley Johnson, said Clune has “gone out of his way to distort Mr. Callaway’s action”. This decision by the hearing officer reflects only a fraction of the evidence which is not favorable to the complainant. Both players missed spring practices and were not allowed back on campus until June.
“The young lady’s advisor has said ‘they will take their witnesses and go elsewhere.’ They need to be careful what they wish for”. The suspension came almost two months after the alleged incident in early December.
Callaway, who is one of the most explosive offensive weapons for the Gators, recorded 35 catches for 678 yards – a freshman record – and four touchdowns as a freshman last season. He also returned 28 punts for 435 yards and two scores.
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“We can not confirm whether or not any allegation or student conduct investigation exists; and the university is barred from discussing specific student disciplinary cases”.
