Five San Diego State Football Players Accused of Rape, per Report

The school has yet to conduct a formal internal investigation into the alleged rape that took place in October of 2021.

Editor’s note: This story contains alleged accounts of sexual assault. If you or someone you know is a survivor of sexual assault, contact the National Sexual Assault Hotline at 1-800-656-4673 or at https://www.rainn.org

Five members of San Diego State’s football team were reported last fall to campus officials for an alleged rape that took place at a house party off campus, according to a report from the Los Angeles Times.

The alleged incident took place Oct. 16, when the five players allegedly raped an unconscious girl and left her “bloodied and bruised.” Two athletes sent messages through the anonymous reporting system, which was reviewed by SDSU’s executive associate athletic director and deputy Title IX coordinator, per the Times. 

One athlete provided the name of one of the players, a senior. Both athletes who reported were not at the party, per the Times. 

“99% of the football players are aware of the 5-person rape so the rest of the student-athletes are left wondering why nothing is being done,” the student said, according to records obtained by The Times. They added, “Every person in authority here at SDSU needs to be aware of this, including [San Diego State President] Adela de la Torre.”

Now, more than seven months after the alleged incident took place, school officials have yet to launch an internal investigation or student disciplinary proceeding, per the Times. Both avenues are in place at the school in part to help protect students and employees from those found to have engaged in sexual misconduct. 

According to the Times, the school was poised to launch an investigation in October, but police asked campus officials 12 days after the alleged incident to not to take any action that would compromise the investigation into the alleged rape. The request from local law enforcement reportedly precluded San Diego State from launching a Title IX investigation into sexual misconduct, as well as any review that would determine whether there were student conduct code violations.

Legal experts told the Times that it “can be appropriate” for schools to comply with local police requests to delay internal investigations, but that it was troubling that the university had held off taking any action for nearly the entire academic year, as the university is obligated to ensure the safety and civil rights of students and employees even though the school can temporarily delay internal reviews at the request of law enforcement.

When contacted for comment, the university provided the following from Title IX coordinator Gail Mendez, who reviewed San Diego State’s response to the reported incident.

“I thoroughly reviewed and analyzed all the information available to determine what if any options the university had to handle the allegations. My careful assessment concluded that fully supporting the SDPD’s criminal investigation was the best way to ensure the safety of the campus community, prevent further acts of sexual violence, and have real impact and justice for the victim. I stand by this assessment today,” Mendez wrote.

In addition to the Title IX assessment, San Diego State provided additional information to Sports Illustrated regarding its response to the alleged incident.

San Diego State says that it has not received the confirmed names of the survivor, not anyone considered a suspect from the SDPD and that no survivor or witness has reported the off-campus incident to the university.

San Diego State directed the SDPD in writing to provide the reported victim with SDSU’s Title IX officers’ information directly. Per the school, the police confirmed that they did share the information with the survivor, and to date, the university police department and Title IX office have not received any reports from any victim or any witnesses.

San Diego State president Adela de la Torre released the following statement to the University in response to the story in the Times.

“Dear students, faculty and staff,

I am writing following a Los Angeles Times article published today about a report of an off campus sexual assault in October 2021 during which SDSU students are alleged to have been involved.

I am heartbroken about what is reported to have happened to this young woman. I will do whatever it takes – absolutely whatever it takes – to support her and support due process. No person should ever experience what she went through and what she and her family must now live with. 

In October 2021, the San Diego Police Department (SDPD) first alerted SDSU to a sexual assault reported to have occurred off campus. SDPD, which has jurisdiction for incidents occurring off campus, shared with us that they had already opened an investigation, and formally requested that the university not initiate a separate investigation or take other actions – including conducting interviews – which could and would compromise its criminal investigation. 

The university is committed to preserving the integrity of SDPD’s criminal investigation to avoid jeopardizing justice for the reported victim and to ensure that any and all perpetrators are held fully accountable. Our university is fully cooperating with SDPD and has throughout its entire investigation, and we will continue to cooperate, every day. 

The university did not and could not issue a campus-wide Clery Timely Warning as per Clery, as we are legally restricted from issuing a Clery Timely Warning about incidents outside of our jurisdiction (off campus incidents such as this are outside of UPD’s jurisdiction and beyond the Clery boundaries). We have introduced a public-facing webpage with additional information about the investigation, the university’s supportive actions and resources available to our campus community.

Many members of our campus community invest so much time, and so many resources into training, educating, and providing support, striving to maintain an environment that allows for our community and visitors to feel safe. We are also committed to upholding our policies relating to Title IX, including providing a safe and welcoming environment for our campus community, free from sexual assault and misconduct. The reported actions of few have undermined this safety. Undermined this security. And undermined this dignity.

I know that these reports are shocking and disheartening to the entire university community, as they are to me and every member of my team. This is our promise: Our university will continue to fully comply with the San Diego Police Department investigation into this case to ensure the highest level of investigative and judicial process is allowed to proceed uncompromised.” 

San Diego police said its investigation is ongoing, but did not provide any further details to the Times.

Editors’ note, June 6, 2022: The original story has been amended to include a statement from San Diego State’s school president to the student population, as well as additional information provided by the university regarding the alleged incident.