GFBfan
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I can't help but hope the players don't accept a settlement (but in these cases, the Universities often offer one), as then we would finally be able to see actual evidence in a trial illustrating how fair or unfair the University's version of due process actually is.
This thread should be fun. Cruze copy/paste of EOAA guidelines incoming...
I don't really see a way they could win, unless there is damaging information that is not public. The U will want this to go away quickly so they could probably get a decent settlement out of it.
Well, the non-public stuff is really the point. There have been many cases like this around the country where plaintiffs have succeeded.
I don't really see a way they could win, unless there is damaging information that is not public. The U will want this to go away quickly so they could probably get a decent settlement out of it.
Kaler continuously referring to the accuser as the "victim" in public interviews that were broadcasted everywhere before the process was complete, but after the players' names were made public will certainly not help the U's case
universities are the new Catholic Church for attorneys. That 500 million walk away money from MSU was fuel to the fire.
True this.
Well, the non-public stuff is really the point. There have been many cases like this around the country where plaintiffs have succeeded.
In my opinion, the U will look to settle this quickly. They are in a really difficult situation. Because of the current culture on college campuses, especially surrounding things like the EOAA office, they are in for a huge internal battle if they don't settle and instead lose a decision. If they lose, there will be an essential mandate for them to significantly alter how they handle these types of cases. That alteration, even if mandated, will trigger an explosive response from the progressive elements on campus (which include large sections of their faculty and student population).
If they lose a decision, the U will be in for an incredibly long (and impossible) process of trying to balance the EOAA, Title IX, with the court's ruling. Additionally, with the bizarre comments (from a legal standpoint) made by Kaler and Coyle, this would be an absolute horrible hill to die on for the U.
If they settle, everyone goes on with their day and Emperor keeps walking around with his new clothes.
Some plaintiffs have succeeded. Most of them won because the accused student either didn't get to see the evidence against them, the school didn't follow their procedures, or a panel was not allowed to make their own determination -- none of those would apply here. If you read the U of M policy and procedures for this type of situation there are specific steps there to provide these right to the accused. There could certainly be other areas where they focus their lawsuit. I think Pacyga outlined some of them in his public statements defending Lynch ie the training provided to the panel. So it may be a little premature of me to say they won't win, but they are going to need something good. Kaler calling the girl a "victim" from the get-go is going to help the players (I've said all along that he shouldn't have done that, and really should have abstained from saying much publicly about the whole situation), but that alone isn't going to be enough to win. Might help draw out a few extra dollars in the settlement though. My guess is the focus will be on the head of the committee (can't remember the name), and possibly Kaler himself.
Both systems kind of deserve it though, right? These comments seem to imply that it's akin to ambulance chasing for situations like the Catholic Church lawsuits, MSU, and other horrid situations. I could have read the implication wrong, but isn't it a good thing that these entities are getting their feet held to the fire?
I suggest you read the filed lawsuit document...
Both systems kind of deserve it though, right? These comments seem to imply that it's akin to ambulance chasing for situations like the Catholic Church lawsuits, MSU, and other horrid situations. I could have read the implication wrong, but isn't it a good thing that these entities are getting their feet held to the fire?
What did Coyle say that could compromise the U? Kaler certainly did by repeatedly calling her a victim. I mainly remember Coyle doing his classic "I'm going to say a bunch of things that really mean nothing at all, policy this, procedure that, yada yada", but nothing specific.