UPDATE 12/15/2017: There will not be rape charges in an alleged assault on a 16-year-old girl at a University of Kansas men's basketball dorm, according to the Douglas County District Attorney.
In a release, the district attorney's office said, "there is not sufficient evidence to prove beyond a reasonable doubt a sexual assault occurred." The office also said the investigation never developed a suspect. Read more here.
University of Kansas police are investigating a reported rape of a 16-year-old girl at McCarthy Hall, which houses the University of Kansas men’s basketball team.
Police tell 41 Action News no arrests have been made and the case is still open. Police have not publicly identified the suspect.
According to police reports obtained by 41 Action News, the alleged rape occurred between 10 p.m. on Dec. 17 and 5 a.m. on Dec 18 at McCarthy Hall.
The suspect is also accused of contributing to a child’s misconduct, furnishing alcohol to a minor and possession of drug paraphernalia. Responding officers confiscated two glass smoking devices with residue.
KU police say the alleged victim, a 16-year-old girl, is not a student and was visiting residents in the building.
The police report lists five members of the KU men's basketball team as witnesses in connection to the reported rape. An athletic department employee and two 19-year-old women were also named in the report.
41 Action News obtained a second police report, for a runaway child, for the same address around 4 a.m. Dec. 18. It listed the same 19-year-old women as the other investigation as well as a sixth KU basketball player as witnesses.
Campus police say the athletics department is cooperating.
The case has not been handed to the district attorney. Campus police say there is “no on-going risk to campus.”
Campus police and the university both declined interview requests by 41 Action News.
McCarthy Hall is an on-campus apartment building operated by KU Student Housing. The school’s men’s basketball players live there as well as upperclassmen, transfer or nontraditional students.
The KU men’s basketball team played Davidson College at the Sprint Center in Kansas City on the night of the alleged rape. It was after the last day of fall finals on the KU campus. Multiple students told 41 Action News the campus “would have been dead” during that time.
KU head basketball coach Bill Self gave this statement on the report:
I can confirm some of our players are listed as potential witnesses to an alleged incident in McCarthy Hall. From what I have learned, a witness can be many things including a person who can potentially provide information, whether an eyewitness or not, or has been present before, during or after an alleged incident. The University or the KU Police Department will be the only ones to comment moving forward. If information is brought to us that warrants action, the appropriate action will be taken at that time.
KU coach Bill Self addresses reported rape investigation at McCarthy Hall
University of Kansas men’s basketball head coach Bill Self addressed the ongoing criminal investigation into alleged crimes at McCarthy Hall, telling reporters Thursday he has not been presented any evidence by campus police to suspend any of his players.
“We have been given zero information that would warrant suspensions or anything like that, that is connected to our players at this point in time,” said Self during his scheduled Thursday news conference.
“All I can say is that they are potential witnesses,” said Self. “I can’t mention to what level because that’s for the police to determine, not me to determine.”
41 Action News spoke with the KU Police Chief Chris Keary off camera. He said the investigation is still ongoing and declined to provide suspect information or a timeline of when the case will be handed to the district attorney.
When asked if the department would move forward with charges on the other listed offenses (contributing to a child’s misconduct, furnishing alcohol to a minor and use of drug paraphernalia or possession with intent to use), Keary said that is “still ongoing.”
Self said he learned about the police investigation when it was reported. He has since held discussions with the team.
"It’s not a distraction, it’s a major distraction,” he said. "In general when you talk about distraction you look at how it affects us. But more importantly, there is a very serious alleged allegation that has been made. So that trumps figuring out how to guard [Kentucky players].”
Editor's note: We removed the name of a KU athletics department employee who is named in the police report because 41 Action News is unsure of his involvement in the incident.