MISSOULA -- A University of Montana football player charged with sexual intercourse without consent was cleared Friday for release from jail.

Beau Donaldson, 22, who has been held since Jan. 6 at the Missoula County Detention Center, was to be released late Friday afternoon to a pre-trial supervisor who would fit Donaldson with GPS and alcohol monitoring devices.

Donaldson's attorney, Milt Datsopoulos, told Justice of the Peace John Odlin that he had met with prosecutors to finalize the lengthy list of release conditions. Donaldson will be living with his parents while his case is pending.

Deputy Missoula County Attorney Shaun Donovan said four conditions had been added, including that Donaldson have regular contact with his legal counsel, obey all laws and have no contact with the victim or the victim's family.

Datsopoulos had no objections to the additional conditions.

Donaldson also must remain in Missoula County and cannot go within 1,000 feet of the victim's residence. He must complete a chemical dependency program and wear a GPS tracking device for 60 days.

Donaldson allegedly took sexual advantage of a woman who was sleeping at his house in September 2010, court records state. He first appeared on a sexual intercourse without consent charge Monday, when bail was set by Odlin at $50,000.

Donaldson appeared in front of Odlin both times over closed-circuit television from the detention center.

According to court records filed in Justice Court, Missoula police monitored a call between the woman and Donaldson the Friday before Christmas. During that call, "Donaldson admitted that he took sexual advantage of (the woman) and had sexual intercourse with her while she was sleeping," an affidavit states.

"He apologized repeatedly and attributed the act to a ‘drinking problem,' as well as pain medication," according to the affidavit written by Donovan.


Outside the courtroom Friday, Datsopoulos said pre-trial supervisor Ray Reiser would pick Donaldson up at the detention center so they could meet at Reiser's office and complete the fitting of the monitoring devices.

"Our expectation is it will be early evening," Datsopoulos said.

The charge against Donaldson comes at a time when the university is investigating a series of sexual assaults that occurred both on and off campus. Former Montana Supreme Court Justice Diane Barz is heading the investigation, and released a preliminary report a week ago that said the university had a "gap in reporting sexual assaults."

"There is evidence that there has been a sexual assault that has not been appropriately reported and investigated," Barz wrote.

Her full investigation is expected in about two months.