Statement from Kirk Merritt attorney Rick Davis in response to this Chronicle story:
http://www.chron.com/sports/aggies/article/At-A-M-a-family-s-outrage-and-questions-about-11071107.php?cmpid=twitter-desktop

RICK DAVIS:

The A&M disciplinary proceedings were very thorough and the first panel found Kirk not responsible of violating the A&M rules that he was accused of violating; rules that are functionally the equivalent of the Class B misdemeanor with which he is presently facing in the Court system. The crux of the matter is that in the A&M disciplinary proceedings, the evidence of any sexually exploitative intent was not there. Both of the alleged victims testified in the initial proceedings.

We are surprised that the alleged victims says that they are outraged at Texas A&M. The University officials were very thorough to the point that we began to wonder if Kirk would be treated even-handedly. The first panel made its decision, and the complainants were not happy with the results.

What is additionally surprising about the fact that the women say that they are outraged is that in those proceedings, they had more rights than alleged victims do in criminal cases where a defendant is acquitted. A&M's procedures allow victims to appeal a result. Both complaining witnesses did.

As a result of the appeal of the first A&M disciplinary proceedings, Kirk had to face a second disciplinary proceeding where he was accused of violating University rules that were the functionally equivalent of Disorderly Conduct (a Class C misdemeanor) which did not require proof of any intent to gratify. He was found responsible in that proceeding.

In the second A&M proceeding, given the nature of the new charge, the two women did not have a right to participate in the proceedings. Kirk waived his rights under FERPA and allowed the women to hear the proceedings for two reasons. He did so as a conciliatory gesture and so that he could actually apologize to them for offending them (he was prohibited from communicating with them, otherwise).

Kirk's apology was sincere. If they choose not to forgive him, there is nothing else that he can do about it. They seem now to be advancing a cause instead of seeking justice in an individual case.

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