The College Fix

ANALYSIS: ‘Nuanced’ hate crime allegation at Gettysburg College stalled as victim goes quiet, rumors swirl

An incident in which a student had the n-word etched into his chest by a peer that made national headlines now appears to may not have really been a hate crime despite initial reports.

The family of the alleged victim has gone quiet, and several observers have stated on social media they don’t think the original narrative adds up.

A freshman swimmer at Gettysburg College, identified and confirmed by The College Fix as Aidan Ochoa, had the slur etched into his body by a teammate. The incident in September made national headlines and caused controversy and concern as reports widely circulated that the n-word had been “carved” into the student’s chest.

The family also decried the incident as a hate crime to the student newspaper, saying “our son became the victim of a hate crime.”

“…It is important to note that he was the only person of color at this gathering. The reprehensible act was committed by a fellow student-athlete, someone he considered his friend, someone whom he trusted. This student used a box cutter to etch the N-word across his chest.”

That Ochoa had the word written into his chest isn’t in question. The motive and circumstances are what’s under scrutiny, with several saying it likely was not some sort of heinous hate crime.

Ochoa and the alleged perpetrator were both removed from the team, with the suspect leaving the school. But the fact that Ochoa was also booted from the team has caused some to question how much of a victim he was in this case.

A video on TikTok, along with other comments online, allege Ochoa consented to the attack, possibly under the influence of alcohol.

Ochoa and his family have declined to report the incident to local law enforcement, despite the advice of the Pennsylvania college. Police only learned of the incident after the media began reporting the story, according to Fox 29. Adams County District Attorney Brian Sinnett also was initially unaware of the allegations, according to ABC 27.

Furthermore, the family has not responded to the Harrisburg branch of the NAACP, despite specifically asking it for aid in investigating what happened, according to initial reports.

A regional NAACP representative told The Fix via phone on Tuesday the group has reached out to the family about moving forward, but to no avail. The state NAACP declined to comment when asked about the investigation status, coordination with law enforcement, and allegations of drinking.

“Unfortunately, we are unable to respond to the questions listed in your email at this time,” President Stacey Taylor told The Fix via email Nov. 15.

The student’s mother declined to comment when reached via email by The Fix, and instead deferred to the family’s attorney, Bobby DiCello.

DiCello did not respond to two emails in the past two weeks. His communications director Caitlin Whitehurst told The Fix on the phone Tuesday morning she would try to get a comment by the end of the day. The attorney has yet to provide comment.

The Fix asked for comment on what tool was used (there was initial claims it was a “box cutter” but school officials said it was “plastic or ceramic” instrument). The Fix also asked to address rumors on social media that alcohol was involved.

Gettysburg College declined to comment, citing privacy laws. The school also told The Fix it had yet to hear from the Pennsylvania Human Relations Commission or the NAACP.

“The student who did the scratching is no longer a student at the College, we are working with the other student on a productive path forward,” Director of Communications Jamie Yates told The Fix on Oct. 31.

She said the investigation is “closed” and the NAACP and human relations commission “have not reached out.”

Alleged victim flaunted slur, at first

Brianna Brand, a Texas Christian University athlete who regularly posts videos commenting on various racial issues and other related news stories, initially commented on the story by expressing deep concern and shock.

But then, Brand said, she was contacted by a Gettysburg College student who wanted her to know what allegedly actually happened, Brand stated in a subsequent video on TikTok. She said she was told the whole affair began as “two students were drinking in a campus dorm hall room.”

Brand said she was told by this Gettysburg College student that the victim is 25 percent black and wanted people to know that he is a “person of color.” Brand shared a copy of the message from the student with The Fix, who could not be reached for further comment.

But according to the source, Ochoa “consensually … asked Student B to carve the n-word into his chest,” and that “no one was held down, and no one was forced to do anything.”

That fits with another commentator, purporting to be a parent of a Gettysburg College student, who wrote in the comment section of a student newspaper story on Oct. 13: “My daughter is a student on campus, has a class with him, knows the truth that he was complicit in said incident.”

At least portions of the claim fit with publicly reported details — for example, that only one perpetrator was involved in somehow carving into another person against his will, which presumably would include holding the victim down on the ground with one hand.

The Gettysburg College source alleged Ochoa was actually “flaunting” the n-word to teammates, but then changed his story once upperclassmen reported the incident, for fear he would get in trouble.

Brand notes that it is not clear whose story is fully true, but she said she tended to believe the argument that it was consensual, that it “makes sense” as she “was wondering how one person could etch this word into his skin without having help.”

The Fix asked the college for comment on the TikTok video and claims about Ochoa drinking and consenting. None was given.

‘Bizarre story’: Law professor says something is amiss about situation

Another person who questioned the narrative is a former federal prosecutor, Army captain, and current professor at Widener University. Professor F. Lee Francis had questioned the narrative in late September when the news broke.

Francis provided new comments to The College Fix about the investigation and the new theories made on TikTok during a phone interview Nov. 7.

“I actually looked at the statute that addresses the commission and they actually do have authority to investigate,” Francis told The Fix when asked about the commonwealth’s Human Relations Commission investigating the situation.

The family asked the commission to investigate, although in a public statement, the commission said it could not.

“The PHRC is unable to comment on any alleged complaint that may or may not have been filed with our agency,” spokeswoman Amanda Brothman told The Fix on Nov. 11.

“I just wonder if they are hesitant because of the murky facts that maybe there isn’t sufficient evidence for them to get involved,” Professor Francis said.

The Fix shared the TikTok video with Francis and asked for his comments, as well as what the family and college should do about the controversy. He said a hate crime charge would be based on if there was any “animus” or “bias.” A prosecutor would take into account “consent,” the legal scholar said.

“If this turns out just to be some party trick that’s gone wrong, and people are changing their story, then the prosecutor is not going to have much of a case,” he said.

Referencing the video, Francis said “people are starting to understand or at least see that things are not adding up and I think that’s the issue.”

“No one else is involved, no one holds anyone down, something just doesn’t seem right,” Francis said, adding the college needs to be open about the results of the investigation.

Gettysburg must “remedy any perception of malfeasance or of racism that’s involved,” he said.

“I think the school should…at least provide the public with some sort of peace of mind that, one, the matter has been addressed” and “some kind of training on this that these things don’t happen in the future.”

He said the “main objective” should be ensuring students understand it is “inclusive of all types of people” and it “won’t tolerate any kind of racial animus” — and it also “won’t tolerate fictional racial animus.”

Others, both those that seemed sympathetic to the racism claims and those that were more skeptical, said the college needs to do more.

MORE: Black Illinois student criminally charged for racist notes

The college president has referenced the “complexities” of the case and referred to it as “nuanced.” President Bob Iuliano also mentioned “consent” during a Sept. faculty senate meeting.

“No matter the relationship, and no matter the motivation, there is no place on this campus for words or actions that demean, degrade, or marginalize based on one’s identity and history,” he said.

“This is also, I was just saying to someone perhaps the most, one of the more complicated and nuanced cases I’ve seen in my time in higher education,” he also reportedly told the faculty senate.

He said further, as reported by the student newspaper:

We’ve also been trying to be clear that I know people want us to talk about the facts, but there is federal law that precludes us from doing so, and that’s frustrating to us, it’s frustrating to students, it’s frustrating to the community.

But what I would say is, if you have a moment to just look at what has been talked about in the various settings in which it’s been talked about, you will begin to see some of the complexities that I’ve talked about, raising really important questions about consent, identity, accountability, race based trauma. All of these complexities very much inform how the college has sought to respond to this.

Francis, the legal scholar, ended The Fix interview by calling the situation a “bizarre story” and said it seemed like a “party trick gone wrong.”

The Widener University professor said it “reminds him of the actor in Chicago who filed a false police report claiming racism,” referencing Jussie Smollett. “It seems eerily similar to that situation.”

MORE: There were 19 campus hate crime hoaxes in 2023

IMAGE: ABC 27/YouTube

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