A federal judge reinstated scholarship wide receiver LaDaris Vann Tuesday, saying the University of Cincinnati mishandled disciplinary proceedings after he was accused of rape.

        Vann, 20, of Fort Pierce, Fla., had been suspended for one year, effective Sept.25. No criminal charges were ever filed. Cincinnati police investigated the May 25 complaint of the alleged victim, but Vann was never arrested. A Hamilton County grand jury reviewed the case but declined to indict Vann.

        U.S. District Judge Sandra S. Beckwith said UC's “failure to observe procedural norms of any kind” violated Vann's constitutional right to due process and justified a fresh campus appellate hearing.

        “If he's back in school, he's back on the team,” said the sophomore wide receiver's attorney, Lisa Meeks. “That's how we read her order.”

        No quarrel, said Tom Hathaway, director of sports information.

        Vann will be back in uniform as soon as he's back in class; an academic adviser is working on that now. Things would have to come together quickly — Vann's professors must be contacted individually to see if there's still a spot for him in the classes he originally registered to at tend this quarter — but it's possible he could be in uniform for Saturday's homecoming game vs. Miami.

        He already has missed three games because of his suspension from school. He started the Bearcats' first four games; there are four games remaining.

        Defendants in the federal civil rights suit were Dennis Cummins, director of judicial affairs, and Vice President Mitchel Livingston.

        The suspension occurred after Vann and an unnamed female student had sexual intercourse May 24. She filed a rape complaint with Cincinnati police the next day.

        Despite the police decision not to arrest and grand jurors' refusal to indict, on Aug.4, Cummins wrote to Vann, saying he had “a police report documenting that you have allegedly violated the Student Code of Conduct: Assault and Harassment.”

        That was not true, Judge Beckwith noted. The police report said nothing about UC's code of conduct, and Cummins' letter said nothing about rape.

        Vann was ordered to appear for an administrative hearing Aug.8.

        That, too, was inaccurate, Judge Beckwith said, citing UC rules. The initial proceeding was not a “hearing.” A “hearing” is the second step in its disciplinary process, and Cummins does not conduct hearings. Rather, the initial encounter is “first level administrative resolution.”

        Cummins failed to tell Vann he was participating in a first-level disciplinary proceeding or that Cummins could punish him.

        Cummins did not give Vann a copy of his accuser's written statement although Cummins read or paraphrased it before asking Vann about contradictions in the two stories.

        On Aug.10, Cummins found Vann guilty of code violations and recommended suspension.

        Vann appealed.

        Judge Beckwith said the campus process appeared confused, but the appellate officer affirmed the suspension Sept. 21, as did Livingston on Sept.25.

        Vann sued Oct.6.

        In addition to other prob lems, Judge Beckwith said, Cummins failed to give Vann adequate notice of the proceeding, the name of his accuser, the date of the alleged offense or any of the facts claimed by his accuser.

        The judge called Cummins' reference to a police report documenting a violation of the code of conduct “misleading at best. ... No such police report existed.”

        Telling Vann at the hearing that the real issue was rape was insufficient notice, the judge continued.

        Judge Beckwith closed with a word of sympathy for Vann's accuser, “who will, presumably, be required to participate in a second hearing and may face (Vann) on campus.”

        But the judge said, that pain does not outweigh Vann's loss of due process rights. It is “merely an unfortunate consequence” of UC's failure to afford Vann due process.

        Enquirer reporter John Erardi contributed to this story.
       

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