drylo
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So you think it's okay for someone accused of rape to be in close proximity to the person that accused them? It's bad for all involved.
Doesn't that perpetuate an atmosphere of guilty until innocent? I can kind of see your view point a little more when thinking of it this way, but if this is still literally a he said she said thing, and no charges have been filed, I still have mixed feelings on this being fair to the accused.
I understand it's a sensitive situation, and this can go both ways (if he's accused/found guilty), but if we are to operate on a premise of innocent until proven guilty, how is potentially jeopardizing one party's future (academically) fair? Could the school perhaps make accommodations for him? Maybe swiftly enroll him in online courses anonymously, then if charges are filed he can be suspended, and if they're never filed/dropped he can at least pick up where he left off and finish his degree now, not years later potentially.
Doesn't that perpetuate an atmosphere of guilty until innocent? I can kind of see your view point a little more when thinking of it this way, but if this is still literally a he said she said thing, and no charges have been filed, I still have mixed feelings on this being fair to the accused.
I understand it's a sensitive situation, and this can go both ways (if he's accused/found guilty), but if we are to operate on a premise of innocent until proven guilty, how is potentially jeopardizing one party's future (academically) fair? Could the school perhaps make accommodations for him? Maybe swiftly enroll him in online courses anonymously, then if charges are filed he can be suspended, and if they're never filed/dropped he can at least pick up where he left off and finish his degree now, not years later potentially.
I'm sure you feel differently if it was someone related to you.
This seems to suggest he is banned from going to class:
"Sources have indicated that Pearson hasnt been allowed to operate as usual on campus, and with UTs spring-semester exams scheduled to end Tuesday, he likely will have some work to do in the classroom even if hes cleared to rejoin the team in the not-too-distant future."
So you think it's okay for someone accused of rape to be in close proximity to the person that accused them? It's bad for all involved.
I'm sure you feel differently if it was someone related to you.
Btw, I have a daughter at UT, just took her last exam this morning, packed up her stuff from her sorority house and is headed home as I write this. If something like what this girl is accusing Von of legitimately happened to my daughter, I would move heaven and earth to protect her and get the perp put away forever. I also have a 17 year old son, and I pray to GOD that if he's ever accused of something like this that he is given the presumption of innocence, not ostracized and thrown off of campus and is given the right to face his accuser in a court of law and defend himself....not be made to take a freaking online course because he might otherwise run into the accuser walking to class.
I'm sure you feel differently if it was someone related to you.
This is good news, assuming that no rape actually took place. However, Pearson wouldn't necessarily be completely out of trouble if he isn't formally charged by the police. Prosecutors only bring criminal charges if they believe they can legally establish guilt "beyond a reasonable doubt," as the Constitution requires. Universities, however, may conduct their own disciplinary hearings related to sexual assault and adopt a much more lenient evidentiary standard, and that's exactly what UT's done. According to page 30 of UT's Sexual Misconduct policy:
"Preponderance of the evidence" means that somebody is deemed guilty if the evidence shows it more likely than unlikely (51% or greater) that misconduct took place. This is the standard most often used to determine civil liability, and explains why somebody might be found liable in a civil trial but not criminally guilty for the exact same thing (e.g., like O.J. Simpson's civil liability for Nicole Brown's "wrongful death"). "Beyond a reasonable doubt" is something approximating 95% certainty.
So if the accuser's story is even slightly more believable than Von's, he may still be in huge trouble with the university. For what it's worth, Jameis Winston was involved in a similar he-said-she-said incident, and while he wasn't criminally charged with anything he still had to undergo a disciplinary hearing at FSU, which he subsequently won. FSU also had a "preponderance of the evidence" standard, as this excerpt from the university's decision to acquit Winston indicates:
Unlike FSU, however, I doubt Butch would reinstate Pearson and let him play football before a disciplinary hearing is over.
Doesn't that perpetuate an atmosphere of guilty until innocent?
Btw, I have a daughter at UT, just took her last exam this morning, packed up her stuff from her sorority house and is headed home as I write this. If something like what this girl is accusing Von of legitimately happened to my daughter, I would move heaven and earth to protect her and get the perp put away forever. I also have a 17 year old son, and I pray to GOD that if he's ever accused of something like this that he is given the presumption of innocence, not ostracized and thrown off of campus and is given the right to face his accuser in a court of law and defend himself....not be made to take a freaking online course because he might otherwise run into the accuser walking to class.
Some of you are confusing innocent until proven guilty with preponderance of the evidence. I'm not talking specifically about Von's case but cases in general. One is innocent until proven guilty in criminal law but not necessarily in other contexts.
Sooooooo no charges have been filed against him, and he isn't even allowed to attend class or take exams? Am I misunderstanding this?
Getting suspended from the team I agree with, but academics seem like something important enough to allow him to continue with unless charges have been filed. Maybe I'm misinterpreting this.
Some of you are confusing innocent until proven guilty with preponderance of the evidence. I'm not talking specifically about Von's case but cases in general. One is innocent until proven guilty in criminal law but not necessarily in other contexts.
You'd care if your daughter or wife was the victim, unless you're a total moron.
Is this becoming the standard defense for all the rape charges the past year and a half or so? UT's image continues to take "rape" hits and few seem to care as long as recruiting is good. Sad.