We have both reviewed the prosecutor’s file in the immediate aftermath of the alleged rape of a young woman at a University of Arkansas fraternity house (Phi Delta Gamma).  For various reasons — most notably the fact that we do not want to out any names involved since no criminal charges have been filed — we will not mention any of the participants by name. 

We are sure that those names will come out, but there is no reason, in our opinion, for us to be the ones to put the names into the blogosphere.  Suffice it to say that some of the people mentioned in the countless rumors regarding the incident were not involved.

What we feel comfortable saying, based on the documents we read, is that in our opinion, the Washington County Prosecutor’s Office apparently made the correct charging decision.  We cannot say the same for the handling of the matter from a privacy and public relations standpoint.

The incident, although not deemed criminal, is certainly regrettable and embarrassing.  Furthermore, the rush to judgment so many jumped to once the story broke is unfortunate.  Far too often people make up their minds immediately without considering all the facts.  We suppose it is human nature, but it’s one we should fight to overcome.  As the details (some apparently true, some apparently not) came out throughout the day, one could not help but think of the Duke lacrosse players accused of rape in 2006.  All of those boys were exonerated of committing any criminal act (although, as here, bad judgment cannot be denied), yet they were dismissed first from their team and secondly from their school.

Although no criminal charges have been filed, one would not be surprised to see civil litigation stemming from this incident.  If so, the burden of proof will be a preponderance of the evidence.

Student athletes comprise roughly 3% of the student population at the U of A.  They are under extreme scrutiny and afforded tremendous opportunity.  They are also young adults.  They will certainly disappoint us and make bad decisions.  And, like the remaining 97% of students and the general society, they are innocent until proven guilty.  Unfortunately, based upon their actions, most fans and observers disagree with that notion.

Many of the people involved in this incident seem to have used horrible judgment in this circumstance.  The simple fact is that it should have never happened, but it did, and as a result, the lives of several young people have been forever altered. 

It sort of puts a 2-15 conference season in perspective, doesn’t it?

Adam and Brett both worked on this piece.