Rape charges will not be filed against the once suspected student in the case of two alleged sexual assaults reported to have occurred over move-in weekend in August.
On Tuesday, Sept. 25, the Montgomery County Prosecutor’s Office announced there was not enough evidence for felony charges.
“In this particular case, they looked at everything and determined there was insufficient evidence to support that there was a felony that had been committed,” said Greg Flannagan, a spokesman for the prosecutor’s office.
The former suspect, now confirmed through the prosecutor’s office to be a 21-year-old male senior, was accused of sexually assaulting a 17-year-old female freshman twice, at two different residences on campus, in less than an hour and 45 minutes, according to information from the University of Dayton Department of Public Safety crime log.
An investigator from Public Safety met with the prosecutor’s office Tuesday before the decision was announced, according to Randy Groesbeck, a UD police major and the director for administration and security for Public Safety.
“The situation is being reviewed within the university,” Groesbeck said, referring to the separate investigatory process UD is required to execute under Title IX.
“Our investigation was very thorough,” Groesbeck said.
The criminal investigation revolved around two incidents reported to have occurred on the same night, between the same two students, in the basement of a house on Kiefaber Street and in the newly built Caldwell Apartments.
On Monday, Aug. 20 at 2:13 a.m., two UD police officers were “dispatched to the area of the Caldwell Street Apartments on the report of a possible sexual assault in progress,” according to a Public Safety incident report released by the prosecutor’s office.
The university crime log shows the dispatcher originally classified the Caldwell incident as gross sexual imposition. The Caldwell incident was later reclassified as rape, according to Groesbeck.
Then, during the Public Safety investigation on Aug. 20, the female student reported that she was also sexually assaulted while in the basement of a landlord house on the 400 block of Kiefaber Street. The next morning, Public Safety created a report for the reported Kiefaber incident, classifying the incident as a rape that occurred sometime during move-in weekend.
Over the course of the investigation, Public Safety determined the reported Kiefaber incident occurred around 12:30 a.m., approximately an hour and 45 minutes before the UD police were dispatched to the Caldwell incident.
Flannagan said he was unaware if the University of Dayton Department of Public Safety was pursuing any lesser criminal charges.
