The University of Tulsa announced that an investigation has determined basketball player, Patrick Swilling, Jr., did not commit a sexual assault or violate the student code of conduct.
Swilling was suspended, from the basketball team, after an alleged incident was reported to the university Feb. 11. According to the complaint, a female student stated Swilling had sexually assaulted her in his apartment, Jan. 27.
Court documents show the female accuser also dismissed legal proceedings seeking a protective order against Swilling. Her attorney tells 2NEWS that the proceedings were dismissed because his client moved away from Oklahoma, to avoid contact with Swilling.
University officials conducted an investigation where more than 16 witnesses were interviewed and the parties’ phone records were reviewed.
“Following review of the Campus Security report and the information presented at the student conduct hearing,” Swilling was found to not be “responsible for violating the Student Code of Conduct or the sexual assault,” the university stated in a correspondence with Swilling.
The accuser's attorney says his client is appealing the university's decision.
A statement was released Wednesday night:
"My client and her family were understandably disappointed to learn of her school’s decision this week. She is not surprised, however, given the lackluster effort put forth by the school in responding to her report. For the past ten weeks, she has done everything asked of her by the University including cooperating with an investigation that clearly was going to have a predictable result. She at times has even had to prod them to do their jobs and explain their own policies to them to try to insure some measure of a fair process.
"Regardless of today’s press conference and regardless of whether criminal charges are filed, this young woman is determined to have some measure of justice on this matter and is not going to go away quietly based upon decision making that is out of her control. She and her parents are extremely grateful for the support and hard work of the Tulsa Police Department and looks forward to the release of their investigation file in the near future."
Speaking with his attorney, Swilling addressed the accusations publicly, for the first time Wednesday afternoon.
"I understand that these accusations brought upon me were serious accusations and I take them very seriously," he said. "Hearing the word 'rape,' it's a scary situation always, but I was confident in myself because I know the type of person I am and I know what I would've done and didn't do."
The Tulsa Police Department is still investigating the allegations, however Swilling's attorney is confident that his client will not be arrested.
"As far as we know, everything that was provided to the University of Tulsa has been provided to Tulsa police," said attorney Clark Brewster. "We've been totally transparent in that. We've had numerous conversations. We don't know exactly where it is, but I've got to believe they'll reach the same conclusion."
Swilling tells 2NEWS he is unsure what his future may hold at the University of Tulsa.
The senior has averaged 22.6 minutes this season, scoring 8.6 points and 2.0 rebounds per game. The New Orleans, La. native, began his college career at St. Joseph's University.