Santa Clara County

DA Won't Charge SJSU Water Polo Player in Sexual Assault Case

Student-athlete could still face sanctions, including expulsion, under the university's anti-discrimination or Title IX process

Prosecutors say they don't have sufficient evidence to charge a San Jose State water polo player accused of sexually assaulting two female students at an off-campus party last year.

Santa Clara County Assistant District Attorney Terry Harman said in a statement Tuesday that a months-long investigation concluded that charges were not warranted because of "conflicting statements, a lack of corroborating evidence and other insurmountable legal issues."

The student-athlete could still face sanctions, including expulsion, under the university's anti-discrimination or Title IX process, according to the Mercury News.

The student's name has not been made public. He is an international student and is believed to have left the country.

His lawyer, William J. Portanova, praised prosecutors and San Jose police for their effort to "do the right thing."

Neither of the women who reported being assaulted could be reached for comment.

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