Sweeping Sexual Assault Suit Filed Against UT

[bigdaddy]

They aren't courts. Would you people stop this moronic BS. The most they can do is kick you out of school. They have had the ability to do this since we'll before I was there in one way or another. I am absolutely sure that were they given the choice they would refer everything having to do with criminal behavior to the DA.

If I were in this type of hearing at UT the first question I would ask is "did you file a sexual assault charge with the police?". If the answer is no, the burden of proof would increase exponentially.

Edit: How can double jeopardy apply? These are not courts.

I agree with you completely on this and when I referred to them as court I used ". They are in response to a memo went out titled Dear Colleage in 2011. Unfortunately, even if criminal charges were dropped all it requires is a preponderance of evidence for the judge to expel. Just a horrible federal mandate

 

[I40flyer]

I too, used "", I would hope the moronic response to "" would re-read, and perhaps get some help with his reading comprehension, as to what "" is used for. My point all along, is and has been the school, has no business listening to criminal complaints, we in the US have a criminal justice system, DA's, judges, courts the whole works. IMHO, when ever a felony type accusation is made to the group get together (call it a court, or a tea party, or a wine tasting-it doesn't matter) if it is a felony, it should be sent to the DA, right then and there, no ifs, ands or butts.

 

[I40flyer]

This is a quote from UT's current policy:
""""Decisions made or sanctions imposed by the University are not based on a result of criminal or civil charges against a Respondent arising from the same incident being dismissed, reduced, rejected, sustained, or not prosecuted; however, a Respondent’s plea or a finding against a Respondent in a criminal or civil proceeding may, at the University’s discretion, be used by the University in a University disciplinary proceeding."""

In short, a complaint can be made, DA does not go forward, Grand Jury fails to deliver a True Bill, but the school acts on criminal complaint, as if it were true. This does appear to be guilty by accusation. I have not found anything in Title IX, that requires any student, or student athlete to be found guilty of any wrong doing, based on an accusation and nothing more. If any of our in-house experts on Title IX can point out where this is required, my thanks in advance, as I'm unable to.

 

[bigdaddy]

Flyer,my guess is schools want to avoid lawsuits as we are facing. So the prepronderance of evidence thing may just be he said she said. Total side note that may put a halt to all these frivolous lawsuits. The TN senate passed a bill that the loser of sexual assault lawsuits must pay the fees/Court costs if they file a suit against a state employee/figure and lose or dismiss. Maybe this will include state university as well

 

[montanatenn]

We need judges who will stand up and throw frivolous lawsuits out of court. As it stands now, any complaint stands a chance of being heard. Then , possibly, real concerns will get the attention they deserve. Sorry in advance for getting political, but hell fire this crap is out of control.

 

[I40flyer]

Flyer,my guess is schools want to avoid lawsuits as we are facing. So the prepronderance of evidence thing may just be he said she said. Total side note that may put a halt to all these frivolous lawsuits. The TN senate passed a bill that the loser of sexual assault lawsuits must pay the fees/Court costs if they file a suit against a state employee/figure and lose or dismiss. Maybe this will include state university as well

I believe you are correct-those lawsuits are out of control, and yes, I understand, a civil suit is decided on the preponderance of evidence, and not beyond a reasonable doubt, however; an accusation alone, can hardly be considered evidence. It has always appeared to me that if the Univ. starts an "Independent" investigation into a criminal matter, it could easily be a hindrance to getting a guilty verdict (where deserved). And as high schools are effected by Title IX, should the same system apply to HSs? As a nation we are heading to "Different types of justice, for different types of people", this is the wrong direction.

 

[JACK8254]

Pretty much... and I hate to sound like a broken record but it's very telling that this story was broken by Anita. Just a rehashing of baseless junk from the past.

This lawsuit is an absolute nightmare. Von Pearson should not have been allowed to rejoin the team ,according to the policies prescribed by the Feds. I hope Butchs job in not in doubt over that. After the Penn State tragedy- why didnt Hart and Cheek notice the change in atmosphere regarding any suggestion of sexual impropriety ? I love Butch and the job he has done restoring us to respectability and I appreciate how much hard work went into it. Why has UT puts itself in this position- to die the death of a thousand cuts ? This is a no-win situation and every week will spawn a new snarky article from ESPN ,CBS or the other running dogs of yellow journalism. This should have already been settled. The damage to UT will only grow with each week this remains in the news. Hart and Cheek should both be fired for allowing this to happen. The drumbeat of bad news and worse publicity will not be dampened by a bunch of coaches sitting around and talking platitudes. Stop the bleeding and settle this legal EXTORTION so that we can enjoy the effing football year.

 

[Darth_Shiveman]

This lawsuit is an absolute nightmare. Von Pearson should not have been allowed to rejoin the team ,according to the policies prescribed by the Feds. I hope Butchs job in not in doubt over that. After the Penn State tragedy- why didnt Hart and Cheek notice the change in atmosphere regarding any suggestion of sexual impropriety ? I love Butch and the job he has done restoring us to respectability and I appreciate how much hard work went into it. Why has UT puts itself in this position- to die the death of a thousand cuts ? This is a no-win situation and every week will spawn a new snarky article from ESPN ,CBS or the other running dogs of yellow journalism. This should have already been settled. The damage to UT will only grow with each week this remains in the news. Hart and Cheek should both be fired for allowing this to happen. The drumbeat of bad news and worse publicity will not be dampened by a bunch of coaches sitting around and talking platitudes. Stop the bleeding and settle this legal EXTORTION so that we can enjoy the effing football year.

Can you outline why exactly Pearson shouldn't have been allowed to rejoin the team? He wasn't found to be guilty by the police investion or the school investigation.

 

[KoachKletus]

This lawsuit is an absolute nightmare. Von Pearson should not have been allowed to rejoin the team ,according to the policies prescribed by the Feds. I hope Butchs job in not in doubt over that. After the Penn State tragedy- why didnt Hart and Cheek notice the change in atmosphere regarding any suggestion of sexual impropriety ? I love Butch and the job he has done restoring us to respectability and I appreciate how much hard work went into it. Why has UT puts itself in this position- to die the death of a thousand cuts ? This is a no-win situation and every week will spawn a new snarky article from ESPN ,CBS or the other running dogs of yellow journalism. This should have already been settled. The damage to UT will only grow with each week this remains in the news. Hart and Cheek should both be fired for allowing this to happen. The drumbeat of bad news and worse publicity will not be dampened by a bunch of coaches sitting around and talking platitudes. Stop the bleeding and settle this legal EXTORTION so that we can enjoy the effing football year.

No. Just no. Based on the information we have, UT should and must fight fire with fire. None of the information as we know it, points to UT as a promoter of rape and sexual violence. None. Zero. And that is exactly what this suit is about - the plaintiffs allegation is that UT promotes sexual violence.

 

[82_VOL_83]

I too, used "", I would hope the moronic response to "" would re-read, and perhaps get some help with his reading comprehension, as to what "" is used for. My point all along, is and has been the school, has no business listening to criminal complaints, we in the US have a criminal justice system, DA's, judges, courts the whole works. IMHO, when ever a felony type accusation is made to the group get together (call it a court, or a tea party, or a wine tasting-it doesn't matter) if it is a felony, it should be sent to the DA, right then and there, no ifs, ands or butts.

The only thing moronic was implying that there could be any comparison to double jeopardy. Even mentioning it implies a greater level of authority than the school has.

 

[82_VOL_83]

This is a quote from UT's current policy:
""""Decisions made or sanctions imposed by the University are not based on a result of criminal or civil charges against a Respondent arising from the same incident being dismissed, reduced, rejected, sustained, or not prosecuted; however, a Respondent’s plea or a finding against a Respondent in a criminal or civil proceeding may, at the University’s discretion, be used by the University in a University disciplinary proceeding."""

In short, a complaint can be made, DA does not go forward, Grand Jury fails to deliver a True Bill, but the school acts on criminal complaint, as if it were true. This does appear to be guilty by accusation. I have not found anything in Title IX, that requires any student, or student athlete to be found guilty of any wrong doing, based on an accusation and nothing more. If any of our in-house experts on Title IX can point out where this is required, my thanks in advance, as I'm unable to.

If what you say were true, there would be no lawsuit.

 

[82_VOL_83]

No. Just no. Based on the information we have, UT should and must fight fire with fire. None of the information as we know it, points to UT as a promoter of rape and sexual violence. None. Zero. And that is exactly what this suit is about - the plaintiffs allegation is that UT promotes sexual violence.

Koach, the way I see it now (which means absolutely dick), our only weakness is Makinjula (sp?). Letting him hang around certainly appears to fit what they are suing for.

 

[I40flyer]

If what you say were true, there would be no lawsuit.

You should read my post, as it is not what I say, but rather I've quoted the school's own policy. Again, read.

 

[Volsfaninva917]

This lawsuit is an absolute nightmare. Von Pearson should not have been allowed to rejoin the team ,according to the policies prescribed by the Feds. I hope Butchs job in not in doubt over that. After the Penn State tragedy- why didnt Hart and Cheek notice the change in atmosphere regarding any suggestion of sexual impropriety ? I love Butch and the job he has done restoring us to respectability and I appreciate how much hard work went into it. Why has UT puts itself in this position- to die the death of a thousand cuts ? This is a no-win situation and every week will spawn a new snarky article from ESPN ,CBS or the other running dogs of yellow journalism. This should have already been settled. The damage to UT will only grow with each week this remains in the news. Hart and Cheek should both be fired for allowing this to happen. The drumbeat of bad news and worse publicity will not be dampened by a bunch of coaches sitting around and talking platitudes. Stop the bleeding and settle this legal EXTORTION so that we can enjoy the effing football year.

Remain in the news? The Plaintiffs have blown their wad and the country stop caring after the Manning side was debunked then the picture became clear. You probably wont hear another word about this until it goes to court or is dismissed.

 

[82_VOL_83]

You should read my post, as it is not what I say, but rather I've quoted the school's own policy. Again, read.

You have moderate to severe comprehension issues. I am beginning to wonder if you just sit there and free type and hope something legible comes out.

Read your second paragraph again and tell me if what you say were the way things actually happen, would there be a lawsuit?

 

[82_VOL_83]

Remain in the news? The Plaintiffs have blown their wad and the country stop caring after the Manning side was debunked then the picture became clear. You probably wont hear another word about this until it goes to court or is dismissed.

I hope you are right.

 

[butchna]

You have moderate to severe comprehension issues. I am beginning to wonder if you just sit there and free type and hope something legible comes out.

Read your second paragraph again and tell me if what you say were the way things actually happen, would there be a lawsuit?

He goes in a circle. Don't respond.

 

[Remy]

This lawsuit is an absolute nightmare. Von Pearson should not have been allowed to rejoin the team ,according to the policies prescribed by the Feds. I hope Butchs job in not in doubt over that. After the Penn State tragedy- why didnt Hart and Cheek notice the change in atmosphere regarding any suggestion of sexual impropriety ? I love Butch and the job he has done restoring us to respectability and I appreciate how much hard work went into it. Why has UT puts itself in this position- to die the death of a thousand cuts ? This is a no-win situation and every week will spawn a new snarky article from ESPN ,CBS or the other running dogs of yellow journalism. This should have already been settled. The damage to UT will only grow with each week this remains in the news. Hart and Cheek should both be fired for allowing this to happen. The drumbeat of bad news and worse publicity will not be dampened by a bunch of coaches sitting around and talking platitudes. Stop the bleeding and settle this legal EXTORTION so that we can enjoy the effing football year.

A few weeks back you may have had a point, but the last couple of weeks the worm has turned and the accusers, their friends in the media, and their attornies have been on the run crawfishing. They've been blown out of the water actually and it's been found their buddy at The Tennessean, Wadwhani once filed an assault charge herself during a divorce that easily raises questions about where her bias originates. No way we settle now, go for the jugular, expose these money grubbers and activists for what they are!!

 

[onevol74]

This lawsuit is an absolute nightmare. Von Pearson should not have been allowed to rejoin the team ,according to the policies prescribed by the Feds. I hope Butchs job in not in doubt over that. After the Penn State tragedy- why didnt Hart and Cheek notice the change in atmosphere regarding any suggestion of sexual impropriety ? I love Butch and the job he has done restoring us to respectability and I appreciate how much hard work went into it. Why has UT puts itself in this position- to die the death of a thousand cuts ? This is a no-win situation and every week will spawn a new snarky article from ESPN ,CBS or the other running dogs of yellow journalism. This should have already been settled. The damage to UT will only grow with each week this remains in the news. Hart and Cheek should both be fired for allowing this to happen. The drumbeat of bad news and worse publicity will not be dampened by a bunch of coaches sitting around and talking platitudes. Stop the bleeding and settle this legal EXTORTION so that we can enjoy the effing football year.

That is a new concept, guilty until proven innocent. I guess you have already shredded your copy of the constitution. I am sure you are going to be disappointed when some of these kids are proven innocent in a court of law.

And no, UT is right to stand up and show their actions in Title 9 since 2012. Other institutions should stand with them against this kangaroo legislation. This is just the beginning of their assault on college athletics. Since it is a money grabbing scheme I would not be surprised to see it spill over into the business world since some employees socialize after hours.

 

[pimo1]

That is a new concept, guilty until proven innocent. I guess you have already shredded your copy of the constitution. I am sure you are going to be disappointed when some of these kids are proven innocent in a court of law.

And no, UT is right to stand up and show their actions in Title 9 since 2012. Other institutions should stand with them against this kangaroo legislation. This is just the beginning of their assault on college athletics. Since it is a money grabbing scheme I would not be surprised to see it spill over into the business world since some employees socialize after hours.

actually it is not a new concept and anyone that has had contact with our court system would know that.

Once you are charged and arrested there is no innocent until anything, you are all treated the same and they approach you as if you are the worst thing that ever happened on this planet. County Jail does not have a not convicted yet section and a convicted section you all get locked up together and treated the same. Yes, there are many law's and rules in place that are supposed to protect the sanctity of innocent until proven guilty.. But honestly in practice not so much. Then you have the media.

 

[AM64]

Meanwhile, back in Nashville something to keep Anita occupied.

Vandenburg, Batey to be tried separately in Vanderbilt rape case - WRCBtv.com | Chattanooga News, Weather & Sports

 

[AM64]

This is interesting. Just imagine how different things might have been.

"Sadly, in their zeal, the justices also gutted the media's ability to cover police as independent observers and watchdogs."

"The days of 'checking the police blotter' are now numbered."

Was dispute over Vanderbilt rape records why Gary Wade quit Supreme Court?

 

[CPA]

UT title 9 case will be held in Nashville per ruling today.

 

[Kristy*]

UT title 9 case will be held in Nashville per ruling today.

Makes no sense whatsoever.

 

[RikidyBones]

Makes no sense whatsoever.

And Manning is still listed. Thats dumb as hell. Surely this judge isn't this foolish.