Outside the Lines:
"A FEW MONTHS later, on Monday, Aug. 30, 2010, a different MSU student -- Carolyn Schaner -- and a friend walked into the campus police department and told investigators about an incident that had occurred the night before.
Schaner had moved into Wonders Hall that weekend and attended an orientation meeting. Though she did not know who they were, she saw top basketball recruits Adreian Payne and Keith Appling during the orientation, but she did not speak to them. Later that evening, Schaner ran into them in the dorm's lobby and talked with them before she accepted an invitation to go back to their room, where the three started playing miniature basketball. The two men began taking their clothes off with each missed basket, but Schaner told police she refused to take off any more than her T-shirt, under which she was wearing a sports bra. She told police the two men ended up cornering her and turning off the lights. She told police she felt trapped and fearful of refusing their advances.
Appling, she told police, removed her underwear, and then the two men pulled her to the ground and started penetrating her vaginally, anally and orally. She told police that she said to the men, "I don't want it," "stop" and "don't."
In a video interview obtained by Outside the Lines, Payne told detectives that Schaner had indicated she wanted to leave.
According to a police report, Payne told officers that he could "understand how she would feel that she was not free to leave." Payne was concerned about her reaction to the circumstances and had even asked Appling to apologize to her, the report stated. Payne told officers that he had apologized to Schaner because "it seemed she felt that they 'disrespected' her." ESPN does not typically identify people who report acts of sexual violence, but Schaner sought to publicly reveal her identity.
Appling did not talk to detectives at the time, but he granted a phone interview with Outside the Lines late last year while he was in jail near Detroit serving time for a weapons charge.
"It was consensual," he says, adding that he never heard Schaner say "no" or "stop." "Had that been the case, I would have completely granted her her wishes. We're not even those type of guys. We wouldn't want anybody to feel uncomfortable around us."
Payne is playing in the NBA on a two-way contract with the Orlando Magic and its development team. Neither he nor his agent responded to requests for comment.
Schaner says campus police investigators told her that, because of Payne's police interview, they had a solid case to pursue. Once the case was forwarded from police to Ingham County prosecutors, Schaner was interviewed by an assistant prosecutor, Debra Rousseau Martinez. Schaner says Martinez told her she did not seem strong enough to stand up to questioning that would come as a result of making allegations against MSU basketball players.
No charges were filed in the case. The assistant prosecutor, Martinez, now works for Michigan State's Title IX office. She declined to comment on Schaner's case.
The Payne-Appling allegations drew local media coverage and prompted campus protests. Due to the publicity, a regional representative from the U.S. Department of Education's Office for Civil Rights reached out to MSU officials and offered assistance. The representative learned nearly immediately that MSU had not started a Title IX investigation into the matter, which is required by federal law.
The university then hired an outside attorney to conduct a Title IX investigation -- almost two months after Schaner made her initial report. On Dec. 19, 2010, the attorney concluded that the two men did not violate university policy.
Schaner, though, did not accept the finding. In June 2011, she filed a complaint with the U.S. Department of Education's Office for Civil Rights, accusing the university of several missteps. She said the school did not follow its own policy when relocating the two players -- a move she told Outside the Lines she hadn't been made aware of. She said that, despite having a personal protection order, the university allowed Payne and Appling to walk by her and be in close proximity to her. Her complaint also stated that MSU "has been slow to respond to this incident, and has made attempts to keep the incident as quiet as possible."
In its response, Michigan State stated it took all appropriate actions by immediately assigning the two basketball players to different campus housing, by offering counseling and academic services to Schaner, and putting strict restrictions in place to limit the two basketball players' presence near her. MSU said that any encounters among the three were inadvertent and not retaliatory in nature. In his conversation with Outside the Lines, Appling said the one instance in which he and Payne encountered Schaner was an accident and that they were "absolutely aware of the fact that we were not supposed to be around her."
Records show that both freshmen played in every regular-season game that year; Appling told Outside the Lines that he did not remember if he and Payne received any sort of punishment from coaches."