All Things EOAA, Investigation, Suspension, Overturned Etc. Thread: UPDATED 1 Thread

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Just read an article concerning Kansas men's basketball. 4 players witnessed the rape of a 16 year girl in the basketball dorm. No punishment(that I could see) but a 5th. player was suspended for 1 game after drugs were discovered in his room. No mention of the EOAA.
 

Pioneer Press: Woman appeals decision clearing Gophers safety Antoine Winfield Jr.

The University of Minnesota panel’s decision to clear Gophers safety Antoine Winfield Jr. in the investigation of an alleged sexual assault has been appealed, Winfield’s attorney Ryan Pacyga told the Pioneer Press.

Winfield Jr., the son of former Vikings cornerback by the same name, was cleared in February by a U panel that looked into allegations from a female student who accused a number of football players of sexual assault in September.

The appeal from the woman’s attorney, which was filed weeks ago, has gone to the school’s provost Karen Hanson. The timeline for a decision is unclear.

Winfield was recommended by the school’s office of Equal Opportunity and Affirmative Action (EOAA) for a one-year suspension, but the panel cleared him of that punishment along with three teammates. Four players were recommended by the EOAA for expulsion, two face one-year suspensions.

KSTP-TV reported that Winfield Jr. was held out of the Gophers’ first spring practice on Tuesday. A Gophers spokesman not respond to a request to confirm that report or to check if other players were held out. The U previously has said it cannot comment on specifics of the investigation due to student privacy laws.

“(Winfield) was cleared by the panel, so it doesn’t seem right to be held out of practice,” Pacyga said Tuesday.

Pacyga said the appeal was one of a few filed in both directions. The woman also appealed a decision of another player’s punishment, and a few players also appealed decisions by the school, Pacyga said.

Attempts to reach the attorneys representing the woman as well as the nine other players were unsuccessful.

Three of the four players facing expulsion — Ray Buford, Tamarion Johnson and Dior Johnson — have announced their transfers to Arizona Western Community College. The fourth, KiAnte Hardin, remains listed on the Gophers roster.

The two players facing one-year suspensions are quarterback Mark Williams and running back Carlton Djam, who’s punishment was reduced from expulsion. WCCO-TV reported last week that Hardin, Williams and Djam are appealing their punishments.

Hardin and Winfield were starters for the Gophers during the 2016 season. Winfield had 52 tackles, three pass breakups, one fumble recovery and one interception in nine starts across 12 games.

Besides Winfield, quarterback Seth Green, running back Kobe McCrary and cornerback Antoino Shenault were also cleared of punishment.

The 10 players were suspended Dec. 13 based on the results of the school’s Title IX investigation that looked at the alleged incident from early September. The school’s EOAA investigation suggested those varying punishments for the players, and the panel determined the punishments in January, after the 10 players sat out the Gophers’ 17-12 win over Washington State in the Holiday Bowl on Dec. 27.

The Hennepin County attorney’s office declined to press charges in October, and again in December after the EOAA report was obtained by their office. But the school’s Title IX investigation is based on a preponderance of evidence, which is a different standard than the “beyond a reasonable doubt” threshold necessary in the criminal justice system.

http://www.twincities.com/2017/03/0...-clearing-gophers-safety-antoine-winfield-jr/

Go Gophers!!
 


Hang in there Winfield. You were cleared and we're with you.
 


I'm not seeing how this is a good thing for her. Feels like it could only get worse for her, as the first appeal demonstrated her as not very credible.
 

She no longer just wants to put this behind her? Maybe she feels the process was biased against her.


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Guilty until proven innocent, and then proven innocent again, and then again, and then again...
 

I don't really have the energy for this department anymore but the fact that she even has the right to appeal the results of their disciplinary hearing is absolutely absurd.

This is an incredibly unjust system. It is literally the single worst quasi-legal system that I have ever witnessed. I've worked on both sides of the fence (PDs and DAs) in criminal proceedings and nothing holds a candle to this. This is a system that is designed to be unjust. Those other systems are just wrought with human folly and generally, almost everyone I ever worked for or against was mostly interested in justice. This is something else and it's a travesty.
 



Why is she just appealing Antoine and Kobe's rulings? Why was Antoine allowed to participate in football activities again? Why is she appealing if the University stated Antoine wasn't being accused of sexual contact with this woman?

The stupidity is limitless in this investigation.

Do we want to start taking bets how much taxpayer money Antoine is going to get once this is over?
 

Bob_Loblaw said:
I don't really have the energy for this department anymore but the fact that she even has the right to appeal the results of their disciplinary hearing is absolutely absurd.

This is an incredibly unjust system. It is literally the single worst quasi-legal system that I have ever witnessed. I've worked on both sides of the fence (PDs and DAs) in criminal proceedings and nothing holds a candle to this. This is a system that is designed to be unjust. Those other systems are just wrought with human folly and generally, almost everyone I ever worked for or against was mostly interested in justice. This is something else and it's a travesty.
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Her being able to appeal is one thing but what makes it even more absurd is the appeal means they have to sit out.
 

sigh.... this is such a joke at this point and really reflects poorly on everyone involved now. As one poster said, the $ Winfield could collect at the end of this all could be frightening.
 

Here is why she is appealing. This is the "unbiased" arbiter making this decision.

But Karen Hanson, the U’s provost, said she thinks the fears are overblown.

“We’ve still got tons of due process about these issues,” she said, including the right to appeal. “I actually don’t think there’s any shifting of the burden of proof.”

Hanson, who serves on the presidential policy committee that endorsed the new approach, said she sees it mainly as a teaching tool. “We’re in the education business,” she said. “What this is trying to get students to understand is that silence doesn’t equal consent.”

http://www.startribune.com/university-of-minnesota-to-adopt-affirmative-consent-rule/311650821/


How can she lose?
 



CurveballJesus said:
Here is why she is appealing. This is the "unbiased" arbiter making this decision.

But Karen Hanson, the U’s provost, said she thinks the fears are overblown.

“We’ve still got tons of due process about these issues,” she said, including the right to appeal. “I actually don’t think there’s any shifting of the burden of proof.”

Hanson, who serves on the presidential policy committee that endorsed the new approach, said she sees it mainly as a teaching tool. “We’re in the education business,” she said. “What this is trying to get students to understand is that silence doesn’t equal consent.”

http://www.startribune.com/university-of-minnesota-to-adopt-affirmative-consent-rule/311650821/


How can she lose?
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The consent form included from this group... wtf? this is just getting ridiculous.

Throwing in the full quote leading up to this comment:

Columnist Cathy Young, writing about the California affirmative consent law on reason.com, said it “essentially redefines some 95 percent of human sexual encounters as rape.”

Even something as innocuous as sneaking up on one’s partner with a kiss, critics say, could run afoul of the guidelines.

Shibley wonders how the U would enforce one provision, which requires that “consent must be present throughout the sexual activity.”

“Do they mean each stage?” he asks. “Do they mean kissing? … If I, as a First Amendment attorney, cannot figure this out, there’s no way an 18-year-old student is going to figure it out.”

But Karen Hanson, the U’s provost, said she thinks the fears are overblown.

“We’ve still got tons of due process about these issues,” she said, including the right to appeal. “I actually don’t think there’s any shifting of the burden of proof.”

Hanson, who serves on the presidential policy committee that endorsed the new approach, said she sees it mainly as a teaching tool. “We’re in the education business,” she said. “What this is trying to get students to understand is that silence doesn’t equal consent.”
 

“What this is trying to get students to understand is that silence doesn’t equal consent.”[/B]
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Taken by itself that is a frightening statement. I think it is applicable to some portions of the events in question, but as a whole it sounds pretty ominous coming from an entity that can operate under its own broad discretion without much transparency.
 

I'd like to know when her appeal was filed. Were we just not aware of it because practice hadn't started, or was it delayed for maximum effect? So much for wanting to move on. This is just vindictive.
 


Cripes. This sounds like singling out Antoine because his father is a prominent member of the community.

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MirandaB said:
I'd like to know when her appeal was filed. Were we just not aware of it because practice hadn't started, or was it delayed for maximum effect? So much for wanting to move on. This is just vindictive.
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From Bleed's link:
"The appeal from the woman’s attorney, which was filed weeks ago, has gone to the school’s provost Karen Hanson. The timeline for a decision is unclear."
 


MirandaB said:
I'd like to know when her appeal was filed. Were we just not aware of it because practice hadn't started, or was it delayed for maximum effect? So much for wanting to move on. This is just vindictive.
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Read the article.
 

Ski U Master said:
We are still in the same process, appeals are not a new case/charge. Plus this isn't a legal system anyway.
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You are right. This isn't a legal system. It is nothing like a legal system. Not even close. That is the problem.


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Thanks Unregistered - I overlooked that part after getting all riled up again.
 


Spoofin said:
You are right. This isn't a legal system. It is nothing like a legal system. Not even close. That is the problem.


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Nobody is going to jail. The legal system worked through their process and the University is working through theirs. These procedures are not secrets, and weren't invented for this case just to screw some football players. While the system may have some issues, there have been no real surprises along the way.
 

Ski U Master said:
Nobody is going to jail. The legal system worked through their process and the University is working through theirs. These procedures are not secrets, and weren't invented for this case just to screw some football players. While the system may have some issues, there have been no real surprises along the way.
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I'm glad you are fine with this sham. I'm not.


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Ski U Master said:
Nobody is going to jail. The legal system worked through their process and the University is working through theirs. These procedures are not secrets, and weren't invented for this case just to screw some football players. While the system may have some issues, there have been no real surprises along the way.
Click to expand...

Oh, well no problem then. As long as no one goes to jail.
 

Ski U Master said:
We are still in the same process, appeals are not a new case/charge. Plus this isn't a legal system anyway.
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In the legal system, appeals are double-jeopardy. The prosecution CANNOT appeal a not guilty verdict. They can appeal things like pre-trial motions, sentencing, etc.

But you're right, this isn't the legal system.
 

Ski U Master said:
Nobody is going to jail. The legal system worked through their process and the University is working through theirs. These procedures are not secrets, and weren't invented for this case just to screw some football players. While the system may have some issues, there have been no real surprises along the way.
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Well, yeah, it's not as bad as going to jail. But let's not pretend this isn't an absolutely horrible situation for Antoine Winfield Jr. We should all be concerned about justice (for everyone involved).

You're 100% correct that this system is not a secret. However, it is news to a lot of people who never knew about the procedures that were in place. So you can/should expect people to be outraged when they really see how this thing works.

Now, i've been bashing this system since this thing jumped off. That's because I knew how these things worked. However, I never implied that it was a system designed to screw over football players. It is a system designed for a certain outcome, it doesn't care about the status of the accused.
 


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