Dave Hart To Speak To Media Tomorrow at 1pm

#126
#126
wildorange said:
Hart did a super job. It seems title 1X and the lawyers expect university's to stop all sexual assault or bad things or we will threaten to take your federal funding. It's sad because it's obvious Universities are tying, but with federal power they can witch hunt away. Their view seems to be it's the University's job from keeping every student from doing breaking any laws. In reality all the school can do is educate and deal with it appropriately when or if it does happen.
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Salem witch trials, bring back the Salem witch trials.
 
#127
#127
lawgator1 said:
And he shouldn't do that because he doesn't know. The two of them do. If it came down to actually testifying in court, which it won't, the jury would have to decide who is telling the truth. The fact that the former player made contradictory statements would certainly hurt his credibility.

But it won't go to trial, reason being that the plaintiff's attorneys will surely find some inadequacies in the institutional framework for dealing with these issues. Not because anyone consciously thought about it in those terms, but because universities, at the end of the day, are governmental, and they are bureaucratic, insensitive, and slow to act and react.

The case will be settled. Possibly before the football season begins, and part of it will be setting up some sort of internal commission to review procedures, so that the administration and coaches can say, hey, we take this seriously and want to make sure we have the best procedures in place, not just adequate ones.
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Unfortunately probably right although I would like to see us fight this.
 
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#128
#128
lawgator1 said:
Actually, if FSU's case is any indication, the primary issue is whether there is a mechanism in place for a woman who claims she has been victimized to report that, and have it be taken seriously. I think most university athletic departments are probably lacking in that regard.

The question of whether a coach or other people in the administration affirmatively do things to squelch such reporting is where the real problem lies.
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Yes. It's called the nearest law enforcement office... I want a cop investigating my rape, not a campus security guard. I want them there to provide security. If someone thinks CBJ is doing something to squelch a call in for rape, look at his actions of suspensions immediately and until law officers dropped the case, they weren't allowed on the team.
 
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#130
#130
lawgator1 said:
And he shouldn't do that because he doesn't know. The two of them do. If it came down to actually testifying in court, which it won't, the jury would have to decide who is telling the truth. The fact that the former player made contradictory statements would certainly hurt his credibility.

But it won't go to trial, reason being that the plaintiff's attorneys will surely find some inadequacies in the institutional framework for dealing with these issues. Not because anyone consciously thought about it in those terms, but because universities, at the end of the day, are governmental, and they are bureaucratic, insensitive, and slow to act and react.

The case will be settled. Possibly before the football season begins, and part of it will be setting up some sort of internal commission to review procedures, so that the administration and coaches can say, hey, we take this seriously and want to make sure we have the best procedures in place, not just adequate ones.
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I would hope the University would take this to trial, but as you pointed out, they probably won't. For me it is the principle.
 
#131
#131
82_VOL_83 said:
Unfortunately probably right although I would like to see us fight this.
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That is the natural first reaction.

But over time, as weaknesses in the protocols are identified, and as it becomes apparent that things aren't completely by the book, the pressure to resolve it will grow.

Eventually, folks will realize that its better to settle it and spin it as best as can be with promises to do better in the future.

Really, that's all you can do.


triad280 said:
Yes. It's called the nearest law enforcement office... I want a cop investigating my rape, not a campus security guard. I want them there to provide security. If someone thinks CBJ is doing something to squelch a call in for rape, look at his actions of suspensions immediately and until law officers dropped the case, they weren't allowed on the team.
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Burying a criminal case or weakening it, like FSU did with their ridiculous and shameful antics, is its own issue. You are right, the intake of the initial report is criminal and should be handled that way, and the university should, at first, be hands off.

But then it has to be reported, and accounted for, and reviewed. That's where the meat of the regulation and law is. Where you look bad, like FSU, is if a case can be made that you did anything on the front end to minimize the criminal complaint.

FSU alerted defense lawyers and had them speak to witnesses BEFORE the police were brought in. They tainted the investigation in order to protect Winston. That was their real crime, and they paid dearly for that, and will as time goes on.

If you get any hint that went on here, you need to remove anyone who did that. Otherwise, you are tainted by it for that much longer.

Fact is, its political now.
 
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#133
#133
lawgator1 said:
That is the natural first reaction.

But over time, as weaknesses in the protocols are identified, and as it becomes apparent that things aren't completely by the book, the pressure to resolve it will grow.

Eventually, folks will realize that its better to settle it and spin it as best as can be with promises to do better in the future.

Really, that's all you can do.





Burying a criminal case or weakening it, like FSU did with their ridiculous and shameful antics, is its own issue. You are right, the intake of the initial report is criminal and should be handled that way, and the university should, at first, be hands off.

But then it has to be reported, and accounted for, and reviewed. That's where the meat of the regulation and law is. Where you look bad, like FSU, is if a case can be made that you did anything on the front end to minimize the criminal complaint.

FSU alerted defense lawyers and had them speak to witnesses BEFORE the police were brought in. They tainted the investigation in order to protect Winston. That was their real crime, and they paid dearly for that, and will as time goes on.

If you get any hint that went on here, you need to remove anyone who did that. Otherwise, you are tainted by it for that much longer.

Fact is, its political now.
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I hate the legal system...justice is rarely served.
 
#134
#134
Apparently a small group of people are protesting outside Harts office with signs that read "we support you Jane". This is ugly. And all bogus IMO
 
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#139
#139
lawgator1 said:
And he shouldn't do that because he doesn't know. The two of them do. If it came down to actually testifying in court, which it won't, the jury would have to decide who is telling the truth. The fact that the former player made contradictory statements would certainly hurt his credibility.

But it won't go to trial, reason being that the plaintiff's attorneys will surely find some inadequacies in the institutional framework for dealing with these issues. Not because anyone consciously thought about it in those terms, but because universities, at the end of the day, are governmental, and they are bureaucratic, insensitive, and slow to act and react.

The case will be settled. Possibly before the football season begins, and part of it will be setting up some sort of internal commission to review procedures, so that the administration and coaches can say, hey, we take this seriously and want to make sure we have the best procedures in place, not just adequate ones.
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If it were now just about the university, then settling it would be fine. But it has has also impacted the personal lives of several individuals (Peyton, CBJ).
 
#141
#141
lawgator1 said:
Actually, if FSU's case is any indication, the primary issue is whether there is a mechanism in place for a woman who claims she has been victimized to report that, and have it be taken seriously.
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There is. It's 911 and/or the local police. Why in the hell does a crime have to go through UT in the first place? Maybe to see if the idiocy that is what title 9 has become is actually effective? This entire thing is upside down and inside out. If someone is assaulted or raped, call the damned cops and press charges.
 
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#143
#143
lawgator1 said:
Burying a criminal case or weakening it, like FSU did with their ridiculous and shameful antics, is its own issue. You are right, the intake of the initial report is criminal and should be handled that way, and the university should, at first, be hands off.

But then it has to be reported, and accounted for, and reviewed. That's where the meat of the regulation and law is. Where you look bad, like FSU, is if a case can be made that you did anything on the front end to minimize the criminal complaint.

FSU alerted defense lawyers and had them speak to witnesses BEFORE the police were brought in. They tainted the investigation in order to protect Winston. That was their real crime, and they paid dearly for that, and will as time goes on.

If you get any hint that went on here, you need to remove anyone who did that. Otherwise, you are tainted by it for that much longer.

Fact is, its political now.
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But details about the coverup in FSU's case came out fairly quickly, there has been no mentioning of that at UT. It's basically just accusations of a perceived bias towards athletes, but when you look at history since CBJ has been here, it's quite the opposite. Von Pearson was booted off campus by the student council until his name was cleared,AJ and Mike Williams didn't play a single down after allegations against them came out. That doesn't say preferential treatment to me.
 
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#144
#144
CAVPUT said:
There is. It's 911 and/or the local police. Why in the hell does a crime have to go through UT in the first place? Maybe to see if the idiocy that is what title 9 has become is actually effective? This entire thing is upside down and inside out. If someone is assaulted or raped, call the damned cops and press charges.
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Everyone with a brain should be "liking" this!
 
#148
#148
triad280 said:
Von Pearson was booted off campus by the student council until his name was cleared,AJ and Mike Williams didn't play a single down after allegations against them came out. That doesn't say preferential treatment to me.
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Where is innocent until proven guilty? Where is the right to face your accusers and have a speedy trial? When did it become proper to trample an individual's rights to appease certain grievance groups? Off the tracks...way off the tracks. Insanity.
 
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