Student says she was sexually assaulted by UNC football player

A UNC-Chapel Hill student said she was sexually assaulted in February by a UNC football player who has not been prosecuted or held accountable by the university, the UNC police or the court system.

The student, Delaney Robinson, a 19-year-old sophomore from Apex, held a news conference in Raleigh with her attorney and father Tuesday to discuss her case. Earlier in the day, she swore out warrants in the Orange County magistrate’s office, charging the football player with misdemeanor assault and misdemeanor sexual battery. Her lawyer, Denise Branch, explained that the misdemeanor charges were the only option open to Robinson now to get justice – despite campus police and university investigations that led to no action against the player.

“My life has changed forever,” Robinson said calmly to a roomful of journalists, “while the person who assaulted me remains as a student and as a football player on this campus.”

The player was identified as Allen Artis, a junior and linebacker from Marietta, Ga. On Tuesday, he was suspended from the football team, according to team spokesman Kevin Best. A suspension is standard procedure when a player is charged with a misdemeanor.

Robinson said she was raped on Valentine’s Day at Ram Village, an on-campus apartment complex. She said she had been drinking with a group of people and then found herself alone with a male student she did not know. On the night of the assault, she said she went to the hospital at UNC, where evidence was collected in a rape kit. That same night, she reported what happened to campus police at UNC’s Department of Public Safety. A few weeks later, on March 9, she reported the assault to the university’s Title IX office, which also handles complaints of sexual assault and harassment.

Robinson said UNC investigators asked her demeaning questions about what she was wearing, what she was drinking, whether she “led him on,” whether she said no, how many men she had slept with and whether she often had “one-night stands.”

“I was treated like a suspect,” she said. “My humiliation turned to rage when I watched the recorded interview of my rapist by DPS investigators. Rather than accusing him of anything, the investigators spoke to him in a tone of camaraderie. They provided reassurances to him when he became upset. They even laughed with him when he told them how many girls’ phone numbers he had managed to get on the same night he raped me. They told him, ‘don’t sweat it, just keep on living your life and playing football.’”

Branch said the UNC police had grossly mishandled the case and didn’t seem capable of investigating a sexual assault. “There were so many missteps that took place throughout this investigation,” she said. Their first interview with the suspect, for example, occurred with one of the suspect’s best friends in the room, she said. That friend was also a witness to events on the night in question.

Branch said an Orange County assistant district attorney told her that he could not bring a charge against the suspect unless Robinson had been unconscious at the time, and that a “blackout drunk” would not be sufficient to constitute legal incapacitation in a rape.

The News & Observer’s policy is not to identify people who report they were sexually assaulted, but it is doing so in this case because Robinson publicly identified herself.

Robinson’s attorney said the university’s Title IX office had completed its investigation in June, but has delayed any decision. She said the university informed Robinson that they would update her in late September and thereafter in three-week increments. No hearing has been held or scheduled.

Joel Curran, UNC’s vice chancellor for communications and public affairs, said university officials can’t answer questions about a specific student’s case under federal privacy law.

“The University of North Carolina at Chapel Hill is deeply committed to the safety and well-being of our students and takes all allegations about sexual violence or sexual misconduct extremely seriously,” Curran said in a statement. “Chancellor Carol L. Folt and her administration have made addressing these issues our highest priority.”

Two years ago, UNC adopted a new policy on discrimination, sexual assault and harassment. “These matters are complex and often involve multiple agencies including law enforcement,” Curran’s statement added. “While the University always tries to complete an investigation as quickly as possible, our priority is to ensure that the factual investigations are complete and conducted in a fair and thorough manner.”

UNC Head Football Coach Larry Fedora issued a statement late Tuesday that said: “We are aware of the misdemeanor charges against Allen Artis. I cannot comment on either the allegation or the investigative process. We take these matters very seriously and are fully cooperating with the appropriate authorities.”

Orange County District Attorney Jim Woodall said the case is still under investigation by UNC police, who consulted his office as late as Aug. 26 and Aug. 29 about new information that had surfaced. “It’s still an open investigation,” Woodall said, adding that lab results had not been returned yet. Noelle Talley, a spokeswoman with Attorney General Roy Cooper’s office, said toxicology tests – the only labwork requested – are under way at the State Crime Lab.

Branch, Robinson’s attorney, said investigators told her they were interested in Robinson’s blood alcohol content, but not in other test results from the rape kit.

Robinson said she took responsibility for underage drinking on the night of Feb. 14, “but that does not give anybody the right to violate me.”

According to UNC’s sexual assault policy, a person who is incapacitated is unable to give consent for sexual contact. The university’s Title IX policy further states: “No matter the level of an individual’s intoxication, if that individual has not affirmatively agreed to engage in Sexual Contact, there is no Consent.”

Branch said it was time for Robinson to take out misdemeanor warrants because there appears to be no other movement to prosecute the case. She said she had received an email on Aug. 2 from an assistant district attorney in Orange County saying that the office would not pursue criminal charges in the case. In the news conference, Branch held up a photograph of Robinson’s bruised neck from the night in question, and said there was evidence of trauma to Robinson’s genital area.

“Delaney has given the university and the Orange County District Attorney’s Office every opportunity to do the right thing,” Branch said. “She’s given them more than ample time to act, yet both have failed to do so.”

Robinson’s father, Stacey Robinson, said the UNC police spent more time investigating his daughter than the suspect, adding that one investigator participated in a social event with the UNC football team.

“What happened to my daughter is a crime and should be investigated by a professional and capable police department,” he said. “UNC parents should know that their children are at risk and vulnerable. We’re taking this stance today to demand better treatment by the university.”

Stacey Robinson said he’d like to see the university refer all sexual assault cases to the Chapel Hill Police Department for independent investigations.

Like many universities, UNC is under scrutiny for its handling of sexual assaults. In 2013, five women, including a former UNC administrator, filed a complaint with the U.S. Department of Education’s Office for Civil Rights, alleging that the university mishandled sexual assault cases. The complaint is pending.

This story was originally published September 13, 2016 at 12:39 PM with the headline "Student says she was sexually assaulted by UNC football player."