Florida receiver Antonio Callaway was cleared in a Title IX sexual assault investigation, his lawyer confirmed Friday.
The decision came after a third-party hearing officer reviewed accusations of sexual assault, sexual misconduct and causing physical injury — all violations of the UF student code of conduct — from a complaint filed by a woman in January.
“The decision by the hearing officer reflects only a fraction of the evidence which is not favorable to the complainant,” said Huntley Johnson, Callaway’s lawyer, in a statement Friday afternoon.
The hearing officer in the case, Jake Schickel, reviewed the Title IX investigative report, text messages between Callaway and the woman and other documents. While Callaway and his lawyer were present at the hearing, the woman boycotted the hearing due to Schickel’s involvement with the university as a former UF track and field athlete and UF football booster.
Schickel was asked to recuse himself from the hearing by the accuser’s attorney, John Clune, but refused.
In the hearing officer decision provided by Johnson, Schickel describes an “inconsistent” timeline provided by the woman as well as a lack of injuries in the woman’s hospital report.
Schickel also notes that Callaway admitted to being high on marijuana during the incident. But, Schickel wrote, Callaway testified that the sexual encounter was consensual and that Callaway called the woman the aggressor.
Callaway filed a counter complaint, but the complaint was not heard during the hearing.
Schickel added that “the burden of proof in a Student Conduct Hearing is the preponderance of the evidence or ‘more likely than not’”, and that was not clear in Callaway’s case.
“While we want to be as transparent as possible, we cannot address rumors, media reports or misleading statements from attorneys on this subject,” the university said in a statement.
Florida football coach Jim McElwain announced that Callaway and teammate Treon Harris, who was also accused of sexual assault by the same woman, were suspended from the team in March.
Callaway resumed classes for the Summer B term and has been practicing with the team since Fall practice began August 4.
The athletic department confirmed that Harris transferred.
Contact Ethan Bauer at ebauer@alligator.org or follow him on Twitter @ebaueri.
UF's Antonio Callaway (81) returns a punt 85 yards for a touchdown during Florida's 29-15 loss to Alabama in the Southeastern Conference Championship Game on Dec. 5, 2015, in the Georgia Dome in Atlanta.
