According to City of Memphis public records, former Memphis football player Ernest Suttles had his indictment dismissed after a 2017 rape accusation. Despite the decision, Suttles remains banned while Nick Wayman, found guilty of the same crime, missed only one summer term of classes; Suttles has since sued the UofM.
Suttles was arrested on October 14, 2017 and did not return to campus for class or football after. Once cleared of the accusations, Suttles sued the university for loss of his financial aid, reputation and chance at a football career, according to the lawsuit filed on August 6, 2019.
Attorney Blake Ballin is representing Suttles, and gave The Daily Helmsman the following statement on Sunday.
“While we are pleased with the dismissal of the indictment against Mr. Suttles, the effects of the accusation still linger. It is important to create an environment in which victims feel comfortable revealing abuse. But we must not allow that environment to erode the systems we have in place to protect the falsely accused.”
The University of Memphis legal team declined to comment on the “pending litigation” according to Latosha Dexter, deputy university counsel.
Perhaps fueling the fire, are two incidents involving students close to the Lambda Chi fraternity, originally reported by Mitchell Koch on October 10, 2017. A female student told Koch she was raped on April 1, 2017 in Arlington by Lambda Chi member Nick Wayman, and was raped again by someone close to the fraternity at The Gather on April 21.
Wayman was charged shortly after the incident and was found guilty by a Tennessee Grand Jury. Wayman received an indictment for rape and sexual battery in 2017 and will appear in court again this month, according to the Criminal Court of Shelby County.
The identity of the second accused student was not certain at the time of the incident, but his identity has since been confirmed. However, there are no public records regarding this individual, as location and situational technicalities kept the alleged crime from being reported, according to Derek Meyers of campus police in 2017.
Lambda Chi’s Memphis chapter was not punished according to Tad Lichtenauer, Lambda Chi’s national director of communications. The president of the Memphis chapter at the time declined comment, but many students took to social media to voice their opinions on what happened.
“We must stand up for our brother, why these hoes lyin,” tweeted an account named Free Nick Wayman. Another user, @lupita_stan responded, “They say there’s no rape culture at The University of Memphis, but they make a Twitter page to free a rapist.”
But there are inaccuracies within the now-forgotten Twitter beefs; Nick Wayman has been free the entire time. Wayman is a student despite the guilty verdict; while Suttles, whose case could not provide evidence for conviction, has not been back to campus.
The reason why Suttles received harsher punishment than Wayman is still unknown. Kenneth Anderson of the Title IX Office provided statements regarding how sexual incidents are handled at The University of Memphis.
“We investigate policy violation allegations which are governed by campus policy not criminal law or procedure,” Anderson said. “OIE (Title IX) investigations are independent of law enforcement investigations, although they often occur simultaneously or parallel to one another.”
Anderson also said there is typically no direct sharing of information between OIE and law enforcement, but witnesses and those involved often give information to all parties. Sexual misconduct is reported to on-campus and off-campus authorities, as well as Title XI in no concrete order according to Anderson.
Title XI does not investigate crimes and does not decide punishments according to Anderson. The Sexual Misconduct and DV policy is the guideline for Title XI investigation, but the decision on what is done with those found responsible is dependent on the situation.
“Any possible sanction(s) or discipline is handled by the appropriate unit related to the Respondent, Anderson said. “For example, student discipline is determined by the Office of Student Accountability.”
Anderson also said that it is important to distinguish between interim and permanent measures in Title XI cases. A student temporarily suspended while details are sorted out would be an example of interim measures, while being barred from campus after an investigation is a permanent measure.
Information from OIE suggests that there is a key detail distinguishing the Wayman and Suttles case, resulting in different punishments dealt by the Office of Student Accountability. However, that detail remains unclear and it is not confirmed that this process was used in the Suttles and Wayman cases.
“The University provides several resources for students who have been harmed by interpersonal violence either on campus or in their personal lives,” Anderson said. “We also partner with key community organizations such as the Shelby County Crime Victims & Rape Crisis Center, Memphis Area Legal Services, area law enforcement agencies, and the Family Safety Center.”
