By Mark Hansel
NKyTribune managing editor
Four Northern Kentucky University Men’s Basketball players were named in an assault and sexual abuse complaint filed by a female student for an incident that occurred in Newport on March 19 after a fraternity party.
A police incident report says the female student says she was punched by all four men, in an assault identified in the report as “third degree sexual abuse.”
She declined to seek criminal charges, fearing “repercussions because the suspects were on the basketball team.”
The NKU men’s basketball team plays in NCAA Division 1’s 10-team Horizon League; its regular season ended in late February and its post-season play ended March 5.
NKU abruptly moved from the Atlantic Sun conference in 2015 and completed its transition to Division 1 this year. The Horizon League Board of Directors approved NKU’s application to join in May, 2015. NKU subsequently reached a $1.22 million settlement with the Atlantic Sun Conference in May.
The Newport police report identifies Todd L. Johnson II, as suspected of causing possible internal injury to the victim (later identified as a broken rib). Jeffery L. Garrett Jr. was identified as possibly causing minor injury.
The report also indicates a potential criminal offense of Sexual Abuse-Third Degree, presumably related to grabbing and squeezing the victim’s breast and throwing her to the steps of the bus. The victim identified that person as Johnson.
In an unrelated incident in December 2015, Johnson was suspended from the NKU men’s basketball team after being charged with driving under the influence and being arrested by a Highland Heights police officer. After the suspension, Johnson was later reinstated.
The two other men named in the incident report were not identified as suspects in any of the charges indicated.
According to the complainant, who is not being named, she attended a party put on by the Tau Kappa Epsilon (TKE) fraternity on March 19 at the Thompson House on Third Street in Newport.
The Thompson House is an historic landmark music venue in Newport; it offers the Rockstar Lounge, Heaven Parlor, Tommygun Theater, Lobby Bar and The Shooting Gallery and hosts a variety of musical events. It is across the street from Newport on the Levee.
The complainant says that she was getting on a bus to return to campus from the 10 block of East Third Street in Newport after leaving the TKE party, when she was pushed from behind, causing her to fall on the stairs of the bus.
She states that when she turned around to see who pushed her, Suspect 1, identified as Johnson, grabbed her right breast and started pulling and squeezing it.
When he refused to let go, the complainant states she punched him in the face — and then all four men attacked her — “punching her with closed fists on her legs, stomach and ribs.”
The complainant is identified as blonde, 5-feet-4 inches tall. Her largest alleged attacker is identified as 6-feet-8 inches tall and weighing 250 pounds.
All those involved had come from the TKE party, though none are members of the fraternity.
The complainant indicates a person unknown to her pulled her away and took her to the rear of the bus for safety. She indicates she sustained internal bruising and a fractured rib as a result of the assault — and required medical care.
She also said that TKE President Dalton Arbuckle, an NKU student, intervened and did not allow the suspects onto the bus.
Arbuckle told the NKyTribune that he helped separate the participants in the incident and sent the men back to campus in a cab. He said he did not personally witness the incident, but that the police report is consistent with the accounts he was given.
“I saw the backlash from it as everybody was getting on the bus and her reaction afterward,” Arbuckle said. “I did not actually see anything as far as what they were being accused of.”
Arbuckle said he did not contact police because he believed the incident had been resolved, but he did report it to the NKU Office of Student Conduct, Rights and Advocacy, as required.
“The Conduct office brought in me and three other guys and we told them what we saw,” Arbuckle said. “They told us they were going to file a report with the NKU Police.”
A search of the NKU Police Department daily crime log does not show a record of any report that matched the incident in the weeks after March 19. The log reportedly includes both on-campus and offsite activity.
The Tribune reached out to the Office of Student Conduct, Rights and Advocacy this morning and was referred to University legal counsel. The Tribune is awaiting a response to a call to that office. The Tribune also reached out to NKU Athletic Director Ken Bothof this morning and are awaiting a response to that call as well.
An NKU spokesperson contacted the Tribune this morning and asked for specific questions the Tribune wanted answers to. Those questions were provided and the spokesperson provided a response this afternoon.
NKU’s spokesperson did say that Johnson has “graduated and is no longer a member of the men’s basketball team.”
According to the incident report, the complainant reported the alleged assault on March 26 and the case was closed on April 2.
Newport Police Chief Tom Collins said he doesn’t know if this incident was reported to the NKU Administration or Police Department, but said the Newport Police Department has a good rapport with the university.
“It kind of depends on the circumstances whether we report an incident or not,” Collins said. “When a victim doesn’t want to pursue it, the case becomes more difficult, but I don’t know why we wouldn’t have shared it with them.”
Collins added that, since the case remained open for a week, it’s likely there was some communication with NKU, but he hasn’t specifically talked with his department’s investigating officer.
Arbuckle, however, confirmed that NKU officials did know about the incident, questioned him and others about it, and indicated a report would be filed with NKU police. No such report could be found.
There have been no reports that any of the students involved were disciplined by the NKU Administration or the Athletic Department.
The men’s basketball team completed its season March 5, with a loss to Milwaukee, two weeks before the incident occurred.