Free Minds & Free Markets

A False Accusation and Unfair Investigation Derailed This Student Athlete's Life

Alphonso Baity transferred to a new college, but he can't play basketball unless the NCAA grants him a waiver.

Alphonso BaityDuquesne University / FacebookIn 2014, a white female student at the University of Findlay accused two black athletes of sexually assaulting her. The university expelled the two men—a basketball player and a football player—24 hours later, without bothering to interview witnesses who would have contradicted the accusation. According to the two men's lawsuit against Findlay, investigators didn't even interview the young woman.

In my original write-up of the lawsuit, I called it perhaps the most blatantly unfair Title IX case I had ever covered. (Title IX is the federal statute prohibiting sex-based discrimination in education.)

That dispute is still working its way through the courts. In the meantime, one of the young men—Alphonso Baity, now 23—was finally able to find a basketball program that would let him on the team: Duquesne University. That was quite an accomplishment; students expelled for sexual misconduct can have a tough time earning admission to another school, no matter how farcical the charges against them.

But Baity recently got some bad news. The National College Athletic Association won't let him play.

"This young man is being punished again," says Don Maurice Jackson, Baity's attorney. "Not by Duquesne, because Duquesne actually wants the young man on the floor. They want him on the floor. He's been victimized by the NCAA."

The issue is the "five-year clock" rule. Student-athletes have a maximum of five years in which they can play a sport for four seasons. Once a student is enrolled in any academic institution, the clock starts ticking, even if the student ends up transferring or missing years of school.

Baity's case seems exceptional. But when Duqesne requested a waiver so that Baity could play, the NCAA denied it.

A refresher on the initial dispute might be useful. In September of 2014, Baity and Jordan Brown—both juniors at Findlay—shared a bedroom in a five-room house in Findlay, Ohio. They had become friends with another student, a white woman known as "M.K." in the lawsuit. M.K. was well-known to the people who lived in the house, and had a sexual relationship with "Q.J.," another basketball player who resided there.

On the Saturday night in question, a group of people—including Brown, M.K., other men, and other women—returned to the house after a party. M.K. and Brown retired to the bedroom, where they had sex. A number of people saw them go in together and heard them having sex. They also heard M.K. loudly consenting to sex, even using the word "yes," according to the lawsuit.

Baity returned to the house, waited until he heard a lull, and entered the bedroom to retrieve his phone charger. M.K. invited him to stay and began performing oral sex on him while Brown remained in the room. Once again, M.K. was a willing participant—the initiator, in fact. And once again, people outside the room—including two other women—could hear that consent was given, according to the lawsuit.

M.K. also gave no signs that she regretted the encounters the morning after. She remained on good terms with the men of the house. She spoke of the encounters positively—even "boastfully." But 10 days later, she had a change of heart, possibly because she felt slut-shamed. And so she filed a complaint.

Again, these details come from a lawsuit designed to portray Baity and Brown in a maximally positive light. But it's clearly true that there were several individuals in that house at that time who might have supported their version of the story. Findlay investigators specifically avoided talking to many of them, reasoning that other black men would stick up for Baity and Brown. Investigators presumed two of the white women who were present that night would agree with M.K.'s account, but these witnesses instead gave the university "information and statements corroborating Plaintiffs' version of events," according to the lawsuit.

AlphonsoAlphonso Baity / FacebookIt didn't matter. Findlay expelled Baity and Brown after an investigation that lasted no longer than a day. (Title IX investigation usually last weeks, sometimes months.) Three days later, Findlay sent an email to the entire campus that mentioned Brown and Baity by name and said they had been expelled for sexual assault. "H.S.," a white female student whom M.K. had told about the sexual encounters, reportedly became sick to her stomach when she read the email, because she knew M.K.'s accusation was false.

"The Findlay case was one of the more severe deprivations of due process that I've ever seen," Jackson says.

In the years since his expulsion, Baity tried repeatedly to enroll in another college where he could play basketball. Several were interested, but they simply couldn't take someone who had been found responsible for sexual misconduct. It's a difficulty that calls to mind the experience of Grant Neal, who was expelled from Colorado State University-Pueblo after a botched Title IX investigation. (Neal's alleged victim never filed a complaint, and even told the university "I wasn't raped.") When I spoke with Neal last year, he told me college after college had denied his request to transfer.

Baity eventually met Keith Dambrot, who at the time was head basketball coach at the University of Akron. Dambrot "did background research on the investigation at Findlay and decided to give him an opportunity to join his program," Jackson says. After Dambrot left Akron to take the head coaching job at Duqesne, Baity applied and was accepted into the college.

But he can't actually play unless the NCAA reverses its decision. "We're attempting to provide new information to the NCAA staff to get his eligibility back," Jackson tells me.

The NCAA did not respond to a request for comment.

Baity's ongoing ordeal should serve as a powerful reminder of why due process protections are so important. False accusations really do have the power to derail lives and end promising careers.

Photo Credit: Duquesne University / Facebook

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  • BestUsedCarSales||

    Don't want to be convicted of rape like a thug, don't go being the same color as people the government thinks are thugs.

  • Libertymike||

    Reason Rainbow Coalition fail.

    BUCS, this case is about the due process denial feature of the sexual assault and sexual harassment investigatory paradigm conceived by the femme-Nazi progressive legal wing of second wave feminism which has captured and infected the academy.

  • Rhywun||

    I would think that colleges have an age limit regardless of the circumstances; 23 seems a bit old to be playing college ball. It sucks, but life isn't fair.

  • Calidissident||

    I'm not aware of any such rule. I know I've heard stories of guys in their 30s and 40s who never went to college going back and playing football at lower levels. And I know Brandon Weeden was QB for Oklahoma State in his late 20s (IIRC he played minor league baseball for a while after high school).

  • ||

    Chris Weinke is another one that comes to mind, he won the Heisman like this after realizing he was never going to hit enough to be a Toronto Blue Jay.

  • Libertymike||

    Like Danny Ainge who was an All-American at BYU.

  • ||

    Not really the same though. Danny didn't begin his basketball career by going back to school as a mature student after quitting baseball, he played both sports at the same time, playing minor league baseball in the offseason while playing NCAA basketball at BYU.

    Ainge's situation is more similar to a guy like Ricky Williams, who did the same thing in the Phillies org while playing football for Texas. Quite a few guys have done this I believe but Ricky was the first one I thought of.

  • Libertymike||

    Good points.

  • ||

    Thank you for not calling me names for knowing all of this relatively useless info ;-)

  • Fineas||

    Did Danny go on a mission? That usually takes 2 years right around the time you're usually a sophomore.

  • ||

    He did not go on a mission during his college years, played 4 years straight out of high school and was drafted into the NBA at age 22. Like you, I have always kind of wondered why though.

  • Marcus Aurelius||

    Those stories are probably the movie "Necessary Roughness", featuring a stunning Kathy Ireland as the object of coach's foot fetish.

  • Careless||

    Northwestern had a football player who was, I believe, 35 a few years ago. There is no such limit.

  • Rhywun||

    I stand corrected then. My high school had that rule so I guessed college would too.

  • Fineas||

    Mormons would have a huge problem with that. So would I ( I technically have 1 year left).

  • Citizen X - #6||

    The NCAA is just exercising its right to prevent immigration from shitholes like the University of Findlay.

  • ||

    Well, you know, that's just, like, your opinion about imaginary lines man.

  • Ecoli||

  • ||

    I hope a made-for-TV movie about this incident finds it's way onto Mark Ruffalo's resume.

  • Marcus Aurelius||

    Hulk : Smash Title IX?

  • Fist of Etiquette||

    Findlay investigators specifically avoided talking to many of them, reasoning that other black men would stick up for Baity and Brown.

    Oh my.

  • Libertymike||

    RIP Dick Enberg.

  • Diane Reynolds (Paul.)||

    Black privilege. It exists.

  • Scotticus Finch||

    The issue is the "five-year clock" rule. Student-athletes have a maximum of five years in which they can play a sport for four seasons.

    It's like you haven't even seen Necessary Roughness!

  • DesigNate||

    In a just world, they would win their lawsuit and this horrible woman's name would be plastered everywhere so that everybody could avoid her like the fucking plague.

  • C. S. P. Schofield||

    In a just world the NCAA would long ago have been disbanded on racketeering charges, and the alumni of colleges that behave this way would have stopped all donations for the foreseeable future.

  • DesigNate||

    No no, that would be a sane world.

  • MoreFreedom||

    In a just world, he could sue the woman for damages that she'll be paying off for many years. And she'd be prosecuted for a false accusation, and spend the same time in jail as a rapist would get.

  • Billy Bones||

    What in the hell do they expect students to do at a college named Find Lay. I presume they are going to Find a Lay. And then they are going to expel students for Finding a Lay? Ridiculous!!!

  • Cyto||

    +1 Emily Littella

  • C. S. P. Schofield||

    The college administrators who oversaw this kind of kangaroo court should be beaten within an inch of their lives, and then fired. Jesus on a flaming pogo stick, I'm tired to this SJW "civil rights for us but not for you" crap.

  • Marcus Aurelius||

    But if even one woman isn't believed, it's too many.

  • ||

    But if even one woman isn't believed with an extreme bias to the fullest possible notion of rape, it's too many.

    As the article states, more than a few women have flat out said "I was not raped." and the University carries out the proceedings as though they were or it didn't believe them.

  • MoreFreedom||

    The people who should be believed, depends on the evidence. If there's no good evidence, then both people end up looking bad, as it should be. Because people should take precautions to make sure there's evidence to show an accusation was false (like a recording of consent, or witnesses to consent), or that a rape was committed (e.g. by calling the police after it happened and collecting the evidence).

    As for the school doing this, it's a travesty of justice for the government to give them this authority, rather than handling it themselves. Though I do believe schools should be able to exclude/expel convicted rapists, or people convicted of false accusations as well.

  • Kevin47||

    Why are folks protecting this woman's identity?

  • Diane Reynolds (Paul.)||

    White privilege.

  • Michael Ejercito||

    Where is Spike Lee when we need him?

  • Fineas||

    I wonder what his butler calls him?

  • John C. Randolph||

    investigators specifically avoided talking to many of them, reasoning that other black men would stick up for Baity and Brown.

    How very racist of them.


  • geezer117||

    And the accuser, who clearly lied, goes free. No accountability. After winning this lawsuit, they should sue that woman for damages.

  • Chris432||

    The anti white left wing racism is dripping form this disgusting hate piece. Negroes are notorious for raping white women. Interracial rape in the USA only goes one way, black raping white women. Any rape of black females by white men is statistically non existent. The point is, is that negroes are notorious rapists of white women and do it constantly, there is never a black on white rape that doesn't make a local news somewhere in the country at any given second. Black racism is EXTREMELY prevalent and they often view these rapes as racist justifications, they often brag and gloat about raping white women when in court and are NEVER sorry, they NEVER regret. This country needs executioners of these disgusting negro fiends, and I would jump for the chance to cut a black rapist throat, knife in hand and then stuff their cut off nigger penises in their bloated dead mouths. I'll put your nigger penis is something, your own fucking mouths. Disgusting ass race and disgusting left wing racists who support them.

  • E. Kline||

    or....sometimes white women do lie about being raped, and the black guys didn't do it.


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