Could LSU face any repercussions for its handling of a student's claim that she was raped by a member of the football team? An investigation opened by the Baton Rouge district attorney raises questions.
How could LSU find in favor of student Kendall Danielle's claim that another student raped her, but that student not even be arrested by campus police? Loyola law professor Dane Ciolino says it comes down to the standard of proof.
"The standard of proof in any criminal proceeding is 'beyond a reasonable doubt," Ciolino said. "The standard of proof for a Title IX sexual misconduct-type case on campus is going to be significantly less than that."
Paperwork that Danielle shared on her social media showed her claims were upheld when the accused player appealed, but LSU reduced his punishment from suspension for year to two year's probation.
Even so, Ciolino believes the university is likely in the clear.
"LSU's probably done everything they needed to do under Title IX," he said. "Whether there's been criminal activity that warrants a criminal prosecution is something that lies within the exclusive province of the D.A. of Baton Rouge."
