By Brandon Ortiz
bortiz@herald-leader.com
UPDATED at 3:30 p.m.: University of Kentucky football player Ashton Cobb’s temporary suspension has been lifted, and he will be allowed to return to school pending further disciplinary proceedings, the uncle of Cobb’s accuser said Friday.
Cobb’s return to school leaves open the possibility that he can play Saturday at the University of Alabama, but university officials would not comment.
Ashton Cobb
The woman’s uncle, Jason Workman, said Cobb and two teammates testified Thursday before a university appeals board made up of students and faculty. Cobb also submitted written character statements from 15 people.
Cobb’s ex-girlfriend, who says Cobb threatened to rape and kill her, also testified. The woman’s mother did, too, said Workman.
The board found that Cobb is not an immediate threat to himself or others, Workman said.
On Wednesday, Cobb pleaded not guilty to charges of second-degree stalking, third-degree terroristic threatening and harassing communications. Lexington attorney, Jim Lowry, entered the plea on Cobb’s behalf.
Workman said a disciplinary hearing has been scheduled for 1 p.m. Thursday on campus.
Tony Neely, a UK football spokesman, declined to say whether Cobb, a junior safety, will play Saturday at the University of Alabama.
“He is proceeding with the student disciplinary process,” Neely said. “That is all I can say.”
The ex-girlfriend declined to comment Friday on the advice of her attorney, Workman said.
Cobb’s father, Wayne, declined to comment.
Lowry, Cobb’s attorney, declined to comment Friday afternoon.
Cobb is accused of harassing and intimidating his ex-girlfriend by calling her 19 times and sending 15 text messages in a three hour period on Sept. 25. According to court records, Cobb, 21, sent text messages threatening to kill and rape the woman, a UK student.
Privacy laws prevent university officials from talking about Cobb’s case. But Coach Rich Brooks said earlier this week that Cobb, a three star recruit from Pennsylvania in 2005, had been temporarily suspended from the university.
Cobb’s high school coach in Monaca, Pa., said he doesn’t believe the accusations against Cobb.
Center Area High School football coach Larry Taddeo said the allegations are out of character for Cobb.
Cobb played under Taddeo for four years, and was team captain his senior year. Cobb went home during a break last year to speak to the team, Taddeo said.
Taddeo, a coach for 27 years, called Cobb a great person. Taddeo currently coaches Cobb’s younger brother Ben, a running back and linebacker.
“I believe Ashton. I know how the family is raised.” Taddeo said. “It would really, really shock me if everything they are writing about Ashton is true.”
Taddeo said that Cobb’s parents have traveled to Lexington to help him.
The slow wheels of justice have just started turning in Cobb’s criminal case, but his fate at UK will likely be decided much sooner.
A Lexington defense attorney who has represented students in UK’s disciplinary proceedings said that its unlikely that Cobb would be expelled if he’s found guilty.
Lawyer Fred Peters said he’s represented “students accused of serious felonies and they did not expel them.”
Terroristic threatening is only a Class A misdemeanor, Peters said.
Peters said Cobb, if guilty, would likely be required to take anger management counseling and be placed on probation.
University officials say they do not have to wait for a result in the court system to proceed with disciplinary proceedings against students. In fact, the university can expel a student even if a criminal case results in a dismissal or acquittal.
The deciding factor is whether there is the potential for somebody to be harmed, Associate Dean of Students Tony Blanton said. In such cases the university will proceed with discipline even as a criminal case winds through the courts.
In Cobb’s case, the woman has told police that she feared for her life.
Cobb’s next Fayette District Court hearing is scheduled for Oct. 24.
On message boards, some UK fans have groused about Cobb being temporarily suspended, even though he is still presumed innocent until proven guilty by the courts and university. No official body has found Cobb guilty of anything.
But the university can temporarily suspend a student if he is a threat to himself or others. That’s because the university has to take action to protect students and faculty, Blanton said.
That’s the same rationale for setting higher bonds — or no bond — for violent criminals awaiting trial in jail.
Suspended students are not allowed on campus, not even in the dormitories.
Students have seven days to appeal the temporary suspension. They can demand a hearing be held before an appeal board of students and faculty within 72 hours.
If the student loses the appeal, then the university can proceed with discipline.
Officials meet with the accused student, who can either admit or deny the charges. If the student denies wrongdoing, he can demand a trial before a university hearing officer appointed by President Lee Todd. The result of that trial can be appealed to a board of faculty and students.
The student has the right to confront his accuser and call witnesses. The university or accuser act as a prosecutor.
The burden of proof is on the university, Blanton said. But the university must only prove that the student is “more likely than not” guilty. That’s a far cry from guilt beyond a reasonable doubt.
“A case in a court system can be dismissed on a technicality, on not enough proof for the court system,” Blanton said. “The university’s burden of proof is much lower than that of the courts. So someone could be acquitted in court, but still be found responsible for a code (of student conduct) violation in the university system.”
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