Ex-Tennessee player A.J. Johnson won't face campus discipline

Nearly 16 months after former Tennessee football player A.J. Johnson was named as a suspect in a sexual assault and suspended from the team, an administrative law judge appointed by the university's chancellor has dismissed an on-campus disciplinary case against him.

The reason for the dismissal: The school failed to take action against Johnson before his December 2014 graduation.

Instead of exercising its right to place a "disciplinary hold" on his record or an interim suspension that would have postponed the awarding of his degree, university officials allowed Johnson to graduate in a special ceremony for football players.

Now that he is no longer a student, Johnson is no longer subject to the university's jurisdiction, according to the three-page order obtained by The Tennessean that was issued Monday by administrative law judge Katrice Jones Morgan, who also serves as assistant dean for student affairs and director of diversity and inclusion at UT.

Johnson and former teammate Michael Williams were named as suspects in a sexual assault involving the same female student in November 2014. The two were indicted by a Knox County grand jury in February 2015 for aggravated rape. They were arrested shortly afterward and are both out on bond. Both players have pleaded not guilty and face separate trials originally scheduled for this summer, but that will likely be rescheduled.

COMPLETE COVERAGE: University of Tennessee sex assault lawsuit

The university initially held off on its own campus investigation at the request of the Knoxville Police Department, according to the judge's order.

University officials then brought charges against Johnson in May 2015 based on the findings of their own investigation. University officials oppose the dismissal of Johnson's case, according to Bill Ramsey, an attorney representing UT.

"The university respectfully disagrees with the ALJ’s decision and is preparing an appeal, which will fully present the university’s position in Chancery Court," Ramsey said. "Federal student privacy law prevents the university from discussing this matter further. Coach (Butch) Jones took appropriate action by dismissing the student-athlete from the football team."

The delays in pursuing campus discipline for students accused of sexual assault, particularly football players, is a key claim in a lawsuit brought by eight former female students who allege UT is violating federal Title IX rules that require a speedy resolution to campus discipline for sexual assault allegations.

The plaintiffs in the sweeping lawsuit filed Feb. 9 claim that UT's campus Tennessee Uniform Administrative Procedures Act (TUAPA) process allows accused students to delay the cases for months — in some instances more than a year — letting those players remain on campus, graduate or transfer to other colleges while victims felt compelled to leave.

All plaintiffs left the campus shortly after the assaults were reported, and the lawsuit claims the university's actions in disciplinary cases create an unsafe environment for all students. Five of the student-athletes and one non-athlete cited in the lawsuit who are accused of committing sexual assault were found by the university's own investigation to have committed sexual assault, including Johnson, according to the lawsuit.

"Title IX requires a 'prompt and equitable' resolution of investigations," a statement from David Randolph Smith, the plaintiffs' attorney, said. "By contrast, the TUAPA procedure can result in dismissal of the charges because the process goes on indefinitely, which underscores the flaws in applying TUAPA to Title IX investigations."

The dismissal on Monday came in response to a motion from Johnson's attorney.

The university — which made the decision to delay disciplinary action, appointed its own attorney to pursue discipline against the accused student and selected the university faculty member who presided over the case — has said it will appeal the decision.

Williams was listed as "inactive" on Dec. 11, 2015 by an online campus directory.

Reach Anita Wadhwani at 615-259-8092 or on Twitter @AnitaWadhwani. Reach Nate Rau at 615-259-8094 or on Twitter @TNNateRau.