Pelphrey: UA basketball players face suspensions, discipline

By Brandon Marcello

Posted: September 17, 2009 at 3:49 p.m.
Updated: September 17, 2009 at 7:14 p.m.

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FAYETTEVILLE — Members of the Arkansas men's basketball team will face multiple-game suspensions and other in-house discipline after players were investigated over a purported rape on campus.

Discipline will vary from player to player. Players could face suspensions from playing in two to three regular season games. Additionally, disciplined players could serve time in community service, and attend meetings to discuss proper decision-making choices and educational meetings concerning the university's polices.

The actions were deemed "appropriate measures to address the issues," in a university news release Thursday afternoon.

Though no charges were filed by prosecutors, three Arkansas basketball players were suspects after an 18-year-old student alleged three men sexually assaulted and raped her during a party early on Aug. 27 at the Phi Gamma Delta house on the UA campus.

The case was closed Sept. 9 by prosecutors. Washington County deputy prosecutor Dustin Roberts said the sexual acts seemed consensual.

Players were not named in the university's announcement of the disciplinary actions being taken, and it was unknown whether sophomore guard Courtney Fortson was included among the disciplined. Coach John Pelphrey cited federal student privacy laws as the reason for not naming individuals.

Fortson was not a suspect in the investigation, but was figured to face disciplinary action after he sent an insensitive comment on Twitter while teammates were being investigated by police following the rape allegation.

Fortson posted the message Sept. 7 while the investigation was still ongoing.

He wrote: "Im gettin it at workouts like a dude who doesnt understand the word no from a drunk girl lol." Twitter is a free web-based, micro-blogging service that enables its users to send short, text-based messages and read them on the author's profile page.

"I know Razorback fans want to be confident that these matters have been dealt with seriously," Pelphrey said in the news release Thursday. "I can assure you that there will be meaningful consequences for those individuals who have violated team rules and have not met the expectations of conduct required of our student-athletes."

Future violations of team rules or athletic department policies may result in dismissal from the team, according to the UA.

"Although the student-athletes involved have been cleared of any criminal wrongdoing, we expect Razorback student-athletes to adhere to a higher standard and code of conduct," Pelphrey said. "We will continue to address disciplinary issues in a straightforward manner as we fulfill our mission to develop our student-athletes to their fullest potential as students, student-athletes, citizens and young adults."

During the process, Pelphrey has had the full support of athletics director Jeff Long and UA Chancellor David Gearhart.

Gearhart contended that Pelphrey is a "great coach" and had his "100 percent backing" during a phone interview with the Northwest Arkansas Times on Sept. 11.

"I am confident that coach Pelphrey has taken appropriate disciplinary action and educational initiatives to address the issues that have arisen within our men's basketball program," Long said in a statement Thursday. "... In his tenure at Arkansas, coach Pelphrey has consistently and proactively dealt with inappropriate conduct and other team issues. Coach Pelphrey and his staff have my full support as they continue to lead our basketball program in a manner that demands student-athlete accountability on and off the court."

The family of the 18-year-old UA student was considering requesting the appointment of a special prosecutor because of a "professional conflict," between Arkansas staff and the prosecutor's office, said John Bass, the woman's attorney on Sept. 11. Former Arkansas athletics director Frank Broyles is the father-in-law of Washington County prosecutor John Threet. Kevin Trainor, a UA spokesman, is identified as Threet's brotherin-law in Bass' statement.

Bass was also considering the option of a civil suit "involving some or all of the myriad of individuals and entities involved in the incident and investigation."

Threet said Friday his in-laws have not talked to him about the case or tried to influence him, he said.

"Coach Broyles married my mother-in-law after my father-in-law passed away," Threet said. "How that makes a conflict, I'm not sure."

Threet said that any decision on whether to appoint a special prosecutor would be made by a circuit judge, and not his office. He said authoritieswill review any new evidence that comes to light in the case.

"If there is evidence that is contrary to the statements of these witnesses, then that needs to be turned over to UAPD," Threet said.

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