Former Penn State Player Suing School After Rape Charges Dropped
Two years ago, Penn State running back Austin Scott was arrested and kicked off the football team when he was accused of rape. Seven months later, the case was dropped, but not soon enough to save his NFL career. Oops!
Scott has filed a federal lawsuit against the prosecutors, his accuser and the university, saying that their overzealous pursuit of the case and the team's decision to drop him cost him a legitimate shot at a pro career. He missed half his senior season and the charges were dropped one day before the 2008 NFL draft. Obviously, he wasn't picked.
His lawyer also accused the prosecutors of misconduct, comparing the case to a "lynch mob." (The accuser was white, Scott is black.) Scott was the second Nittany Lion player in two years to be accused of rape only to have the case dropped, and the assistant district attorney who worked on both cases resigned last December "amid allegations he made inappropriate sexual advances toward a victim of domestic violence." Scott's case was dropped after the judge agreed to allow testimony revealing that his accuser had made a similar allegation against another man four years earlier. That man was acquitted.
Unfortunately, Scott's own attorney is on trial for money laundering and mail fraud charges, so the whole "that other lawyer is a crook!" meme doesn't work as well.
Despite all that, it seems Scott's case would be strongest against the university. While any court case would have certainly harmed his draft status, by not waiting until the case was resolved before kicking him off the team, Scott had no chance to showcase—or more importantly, develop—his football skills. (Even though his bio is still on the Lions' website.) He was signed as an unrestricted free agent by the Browns in 2008, but was cut during training camp.
Scott was a strong, but not phenomenal college player and plenty of guys have gotten second chances in NFL, even after being convicted of crimes. But would he be in the NFL now if he had never been accused? Does the school owe him anything? At least an apology?
Austin Scott files lawsuit against Penn State [Morning Call] Austin Scott Case Coverage [Daily Collegian] Player Bio: Austin Scott [Go PSU Sports] Penn State OTR: Austin Scott Talks ... And Talks ... And Talks ... [College OTR, 2007]
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