Although the Ohio University Police Department believes it has finished an investigation into a sex tape that allegedly involves student athletes, the city prosecutor’s office disagrees.

“We must not be on the same page,” Athens City Law Director Patrick Lang said. “From our end the investigation is not complete, but I can’t really speak to what OUPD says.”

OUPD Chief Michael Martinsen said yesterday that his department has concluded its investigation of the incident, in which a man allegedly surreptitiously taped another man and woman having sex.

Lang would not confirm any details other than that the case is still an ongoing investigation.

Sally Linder, OU’s senior director of Media Relations, confirmed Friday that the allegations involve students. Also on Friday, OU Athletics Director Kirby Hocutt said his office is “monitoring” the investigation that may include current or former Ohio athletes and an athletic department staff member.

Police received a tip Jan. 18 from someone who was concerned that video depicting a possible sexual assault had been shown in public, Martinsen said. He said investigators identified and located the people in the video, and they said it was an act of two consenting adults.

“I was relieved that we were able to determine that it was a consensual activity,” Martinsen said.But the participants in the video also told police that neither one of them had any knowledge that they were being filmed. Martinsen said that it is illegal in Ohio to tape people having sex if any of the parties involved are not aware of the filming.

When asked if police had confiscated the videotape, Martinsen said he “had reason to believe the tape was disposed of.”

Martinsen said that people potentially facing charges in the case include the man who made the tape and another person who he said may have misled officers during their investigation. When asked to describe the individuals, Martinsen described one as college-age and another as an older individual.

OUPD originally turned the case over to Athens County Prosecutor C. David Warren’s office, which generally handles felony crimes. But after it was determined that any possible charges would be misdemeanors, the case was forwarded to Lang.