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San Diego State University officials address rape lawsuit accusations

San Diego State University officials address rape lawsuit accusations
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SAN DIEGO (KGTV) - For the first time since a lawsuit was filed accusing former star punter Matt Araiza and two other football players of gang-raping a 17-year-old girl, university officials spoke out Monday about the accusations.

At a press conference ahead of Snapdragon Stadium's debut this weekend, brief statements were made by Athletic Director John Wcker and head coach Brady Hoke about the allegations swirling around former punter Matt Araiza and two of his former teammates. Araiza was cut by the Buffalo Bills over the weekend.

“We are committed to hold accountable students who violate the university’s policies,” said Hoke.

“We take allegations of sexual assault seriously and do not support any actions or behavior that cause harm to others,” said Wicker.

Wicker initially declined to answer questions from the media about the accusations, pointing to privacy laws involving their ongoing investigation.

Attorney Dan Gilleon represents the then 17-year-old girl, who accuses the three in a civil lawsuit filed last week of raping her at an off-campus party last October.

“Now that the school is being confronted with their enabling activities, they are coming back and using PR, and saying the same stuff day that you hear day in and day out from enablers, which is, ‘Oh, geez, we take this stuff really seriously,’” said Gilleon.

The school, which announced it started a Title IX investigation on August 1, has faced criticism for not starting one sooner. The university has said it was told by police to wait until its probe was complete. Gilleon says a local investigation shouldn't stall a federal one.

“It’s pretty obvious the reason they were looking the other way was that they knew this would disrupt a football team, and disrupt a winning football team,” said Gilleon.

Wicker, who left the press conference, returned to field additional questions.

“We felt like the San Diego Police Department had the best opportunity at success, of adjudicating this, and that’s what we went with … because it was an off-campus party, San Diego Police Department has the jurisdiction over this matter … SDPD asked us not to investigate because they felt like it would impede or negatively impact their investigation, so we chose to do that,” said Wicker.

The police have referred the case to the DA's office, where it’s currently being reviewed.

ABC 10news is learning more about the school's actions in the days after the police investigation began.

Sexual assault survivor Brenda Tracy, who survived a gang rape involving football players, says in early November, she was contacted by the athletic department to speak to the team.

According to the San Diego Union-Tribune, this was 17 days after the school learned police had begun investigating. In a statement released on Twitter, Tracy says visited the team a few weeks later and was only told that there had been an incident.

“Brought Brenda Tracy in related to an incident that had been reported to us that SDPD was investigating. We brought her in for enhanced education for our student-athletes, all of our male student-athletes,” said Wicker.

Now, in light of the lawsuit, she says:

“Was I being manipulated? I don't know. Was I there for PR purposes? I don't know. Was I brought in to help their athletes? I believe so. Was I there because leaders were being reactive? Yes. You can't deny the timing of events.

On Monday, the parents of Matt Araiza issued the following statement:

The rule of law is innocent until proven guilty. That is not our experience. There has been war waged on our son. He has been tried and convicted in the media based on information released solely from the alleged victim and her attorney, much of it through social media. People have taken his information as factual, when it is not. 

We do not wish this experience on anyone, but question why our son is the only one receiving this kind of treatment by social media and national news media. The vitriol has been on him alone.

He has been extorted, discriminated against, harassed and the subject of multiple and continuous threats of violence and death. He has been released from his job and our entire family continues to receive horrific threats of violence and death. We have all been canceled. Every member of our family.

Salacious rumors grew as fact. There are multiple witness reports to deny the claims that are made against him. The legal system is designed to find the facts and make decisions. They should be allowed to do that.”