Former MSU football player sues university over sex assault case

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A former Michigan State University football player is suing the university over his expulsion from the university due to an alleged sexual assault.

Former wide receiver Keith Mumphery filed the suit in federal court Monday. In the 55 page complaint, Mumphery alleges his constitutional right to due process was violated in the case. He claims he was never given proper notice of the Title IX proceedings and there was no proper hearing.

In the suit, Mumphery claims he was expelled from MSU in 2016 because of the assault, despite the school initially finding he was not responsible. Mumphery claims that finding was reversed after it was appealed by the alleged victim. He also claims, up until that point, he had a clean disciplinary record at the university.

“It’s very frustrating when someone is found not responsible, is exonerated. And then in a second, secret investigation and hearing is suddenly found responsible, and it goes off like a grenade in his life,” Attorney Andrew Miltenberg, who represents Mumphery, told 6 News Tuesday. “It’s very hard to make peace with injustice, and I think that’s what is the hardest part for Keith, and I think that’s what we’re trying to change here.”

Mumphery also said in the suit he was cut by the Houston Texans the day after a newspaper reported that he was expelled questioned why the team signed him. He claims the allegations against him have prevented him from getting another job in professional football.

Mumphery added, given he was expelled from the university, he is also unable to complete his graduate degree in communications.

The former Spartan wide receiver played for MSU from 2011-14.

Michigan State University declined to comment on the lawsuit at this time. He was never criminally charged because the prosecutor decided against bringing charges. 

Mumphery’s attorney, Andrew Miltenberg, released the following statement on the suit:

“Michigan State, in trying to distract attention from its other misdeeds, has made former Academic All American and Houston Texan, Keith Mumphery its next victim. The misapplication of Title IX has reached new depths, being used to destroy the NFL career of an individual several years after graduation.  As a result of Michigan State’s biased and unlawful actions, Keith Mumphery is being unfairly persecuted for false sexual misconduct allegations that have ruined both his career in the NFL and his future educational prospects.

“Despite a previously unblemished disciplinary record and the University’s initial finding of ‘no responsibility’, Michigan State University wrongfully expelled Mr. Mumphery based on false allegations of sexual misconduct.  In fact, Michigan State’s initial Tile IX investigation of the allegations, which absolved Mr. Mumphery, included statements from multiple witnesses, including the complainant, and was signed off by the school’s Deputy Title IX Coordinator.  Ultimately, Michigan State’s subsequent findings — that resulted in my client’s dismissal — were not based on any concrete evidence or facts, but rather an egregiously flawed disciplinary process motivated by an anti-male and anti-athlete discriminatory bias against Mumphery.

“In order to arrive at their predetermined outcome of guilty, Michigan State conducted a sham investigation and blatantly ignored the due process rights of my client, who at the time had already graduated from Michigan State and was training in Florida.  The University repeatedly and systematically failing to give him notice of the appeal and the subsequent second investigation. Mr. Mumphery continues to suffer ongoing harm, including damages to his reputation and the permanent loss of employment and educational opportunities.” 

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