University of Wisconsin football player Dwayne Smith, 19, was

released from jail on signature bond Monday after being arrested

and charged with second-degree sexual assault. Second-degree sexual

assault is classified as with force or the threat of force, without

a weapon. Smith plans to appeal his suspension from the team today,

his lawyer said.

Smith’s lawyer, Charles Giesen said Wednesday that Smith will

appeal the suspension, allowing him to possibly be eligible to

begin the 15-practice spring season with the Badgers March 4.

While Smith was released from jail Monday on personal signature

bond, Anwar L. Jones, 22, who was arrested on the same charges,

remains in custody under cash bail set at $2,000.

Giesen attributes this to Jones’ lack of connection to the

community.

“Jones doesn’t have the same strong ties,” Giesen said. He said

because his client plays football and is a UW student, the judge

was more sympathetic toward Smith.

However, a UW student, who wishes to remain anonymous, said

Jones lives in downtown Madison and has many friends in the

community.

Giesen also said his client will be entering a plea of not

guilty to the court.

“He denies guilt of anything,” Giesen said.

Both Smith and Jones were arrested Sunday night after a

19-year-old Madison woman told police she was assaulted by the two

at an apartment on the 600 block of North Frances Saturday

night.

According to Lt. Sue Williams, the lead investigator of the

case, the victim met one of the suspects at an underage drinking

party last Saturday. Later that night, after leaving the party, the

victim was assaulted at the apartment on North Frances Street. She

was then treated and released from a Madison hospital.

Smith, a sophomore, is the leading rusher for the Badgers. He

rushed for nine touchdowns and averaged 65.9 yards per game last

season. Smith was valedictorian at his high school in Chicago, an

academic all-state honoree and a member of the National Honor

Society.

Smith’s arrest follows two other high-profile assaults involving

UW athletes, including Smith’s teammate, wide receiver ErnestMason,

who was charged with two misdemeanors in December on allegations of

disorderly conduct and intimidating a victim. He was suspended for

three days but was allowed to play in the Music City Bowl after he

appealed.

More recently, basketball player Maurice “Boo” Wade was arrested

Feb. 4 after allegedly choking a former girlfriend. He was charged

with misdemeanor battery and had his suspension lifted after he

appealed, forcing him to miss two games.

According to the UW Student-Athlete Discipline Policy, any

athlete “convicted of, charged with or arrested for a violation of

the law involving drugs, gambling or violence,” will be suspended

from all games and practices.