Student charged with off-campus rapes asks for bond reduction, remains listed in student directory
May 4, 2023
Editor’s note: The hearing to consider reducing McCoy’s bond has been continued and will now take place at 11:15 a.m. May 19.
McCoy Watkins, the Kent State architecture student charged with two first-degree felony counts of rape, has requested a reduction or amendment to his $200,000 bond.
Watkins, a 21 year old from Canfield, has been held in the Portage County jail since April 4, according to the court document that requests the reduced bond amount. He was arraigned on April 7.
The request, filed April 21 by attorney Jeffrey Kakish, asks for Watkins’ bond to be changed from the current $200,000 cash or surety bond to one of two options: a 10% bond or a $100,000 cash or surety bond.
A hearing to consider the modification request is set for Friday in Judge Becky Doherty’s court in the Portage County Common Pleas court.
Watkins allegedly assaulted two women after returning to the location of an off-campus party on North Lincoln Street Nov. 11, according to a Kent State Police Department report that is part of the court record.
The police report states that Watkins, who met the women earlier in the night at the party, reentered the home uninvited through an unlocked door and targeted a 19-year-old victim on a couch and an 18-year-old victim who was half asleep in her bed. He was also charged with a second-degree felony count of burglary.
The motion to reduce Watkins’ bond stated that it’s “counterintuitive that a 21-year-old full-time college student would have access to $200,000 cash or assets valued in that amount in order to secure surety.”
A bond is intended to ensure a defendant shows up for court proceedings.
If released on bond, Watkins will live with his parents in Canfield, according to court records, and has full-time employment waiting for him with Mike Pettola Construction in Canfield.
The record states Watkins’ flight risk is “nominal” and his parents have “stated their willingness to ensure his appearance in court.”
Watkins’ incarceration “has led to significant hardship in his academic pursuit,” the bond motion stated, “and he will now be forced to Withdraw or receive Incompletes in all his courses” at the university.
Since Watkins has been incarcerated since April 4, it is unclear if he was able to continue working in his Kent State classes or not. Class meetings officially ended May 2 for the spring semester, with finals week beginning May 4.
Watkins remains listed in Kent State’s student directory as of May 4 – more than five months after the offenses occurred. Typically, if a student is listed in the directory, it means they are still enrolled in classes at the university.
In an April 7 email, university spokesperson Eric Mansfield said a student with Watkins’ name was currently enrolled at the university. He would not comment further due to the Family Educational Rights and Privacy Act, which protects the privacy of student educational records, including disciplinary files.
University procedures, student conduct and the Clery Act
Todd Kamenash, associate dean of students for conduct and community engagement, said a public incident report must be filed for the university to take action against a student for egregious or illegal behavior. Complaints can be made through an appointment with the Office of Student Conduct or online.
Kamenash did not address McCoy’s case specifically, but he discussed the university’s overall student conduct procedures.
Since the alleged assaults happened off campus, the situations were not automatically handled by Kent State’s police department, security or housing staff – which would be the case if the incidents occurred on campus.
“The jurisdiction of the campus does not have geographic boundaries from a behavioral perspective,” Kamenash said. “But the limitation is somebody’s got to provide [a report] to us so that we can share with them what the options are that might lead to a referral for us,” he said.
Students may be sent to the Office of Student Conduct, often referred to casually by students as student conduct court, if they violate state, federal and local laws, in addition to Kent State’s rules and policies – which includes the 28 rules in the university’s Code of Student Conduct.
The university defines sexual harassment in the code as “Conduct on the basis of sex that satisfies one or more of the following: unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity.”
Kamenash said that outside court proceedings do not have a “major impact” on student conduct court’s actions because the standards are different. This means a guilty or not guilty outside court decision does not automatically determine the university’s student conduct process.
“Ours is ‘preponderance of the evidence,’” Kamenash said. “In a criminal situation, it’s ‘beyond a shadow of a doubt.’ The laws are written differently than our rules – certainly we have to follow the laws too – but our conduct rules are designed as educational processes.”
S. Daniel Carter, president of Safety Advisors for Educational Campuses, said the university is required under the Clery Act to offer disciplinary proceedings if a student or employee reports they’ve been the victim of a sexual assault, dating violence, domestic violence or stalking.
The Clery Act requires colleges and universities to report crime statistics and issue timely warnings and emergency notifications.
The university was not required to report any of the information related to the allegations against Watkins at the time because the incidents occurred off campus and apparently weren’t reported to the university.
“I can see how you can make a logical argument with, ‘This guy’s off campus, isn’t he a threat?’” Carter said. “But right now, that’s just not how the law works.”
Isabella Schreck is editor-in-chief. Contact her at [email protected].