The Title IX investigation of sexual assault allegations against Florida Gators WR Antonio Callaway found that he was high during the encounter with his accuser, and that there was no evidence that he used force or that she was incapable of consent.
SEC Country obtained the written decision of the hearing officer, John Schickel, a Florida football booster, on Friday. The decision details the evidence of the case. Schickel ruled Callaway “not responsible.”
Both Callaway and his accuser told Schickel that Callaway was under the influence of marijuana during the encounter. The woman testified that Callaway was “faded as (expletive).”
Callaway testified that the sex was consensual. While the woman claimed she was too intoxicated to give consent, Schickel wrote that her own text messages suggested that she was pretending to be intoxicated.
“I noted the statements by (the complainant) in the investigation report wherein she stated did not consent because of intoxication and/or force,” Schickel wrote in his decision. “However the totality of the evidence suggest the contrary, and she was not intoxicated to the extent she could not consent. The affidavits all indicated that (the complainant) did not appear intoxicated. Further her own text messages indicated that she was pretending to be intoxicated.”
There was no evidence of injury, and Schickel found no support for the woman’s claims that Callaway used force against her.
He wrote that other people were at Callaway’s residence during the encounter and that there was no evidence that the woman asked for help.
“(The complainant) was at Mr.Callaway’s residence voluntarily and not at the request of Mr. Callaway,” Schickel wrote. “Others were present the whole time she was at Mr.Callaway’s. She was not detained at any point nor did she ask for help from any of the persons present, including another woman .”
The woman’s attorney, John Clune, asked Schickel to recuse himself from the proceedings because of his connections to the football program. His client boycotted the hearing for that reason. Shickel addressed those concerns in his decision.
“Immediately prior to the hearing I was provided a letter which was made part of the record from Mr. Clune, asking me to recuse myself,” Schickel wrote. “I denied the request. While he did not impugn my integrity, he was concerned with bias. I recounted my experience training, education and life involvements and indicated that I did not believe that I would be biased in any way in favor of or against any of the parties. I have prosecuted rape cases, I have sat in judgment of lawyers. My family has dealt with rape issues. Note that this was a Student Conduct Hearing which is often held by a member of the university community.”