After just my two posts here, the great, great Bob Loblaw realizes that I'm "not capable of have a substantive discussion." Yet 60% of those who read my post approve/recommend it. The howling wolves came out in full force as they always do. My original post was substantive. No one has disputed the facts of the case that I outlined. Loblaw didn't discuss them (he's only interested in "the process") except to admit that they were very bad for the players. You yourself said the Washington Post article I sighted was an important one. But I must always keep in mind, I'm not Bob Loblaw. And what about the constitutional challenges to EoAA? Where are they in the federal courts? Most have gone virtually nowhere and you are the guy that keeps bringing up the constitution here.
Finally, since I've admitted to being the A.D. and the president of the U of M (as well as the person behind the Bowling Green massacre), what posters will now admit they are Tracy Claeys? I'm done "yapping" now. Next time I post, I'll get in the flow of things around here and bad mouth the U, its president, its A.D., its new football coach and its awful team.
(1) Maybe you were capable of having a substantive discussion, but you were unwilling. I discussed the substance of your post and you went down the angle of accusing people here of being racist (in so many words). So yeah, you were either unwilling or incapable of sticking to the substance.
(2) Your original post was substantive and I responded substantively. I talked about a lot of the facts making this a difficult one to bring about change with the EoAA. I agreed with you!
(3) I never have talked about going to law school at the U of MN.
(4) This isn't meant to be a jerk, but I am just going to kind of explain how challenges to the Constitutionality of a law/rule happens. You can run it by your daughter if you think i'm talking whacky.
- - I've always said that the EoAA office and the University's punishment of students is Unconstitutional.
- - I have always said they are also completely within their right to a lower burden (preponderance of the evidence)
- - Here are the potential Due Process problems - - (1) Many people have said "even if it was consensual" they should be punished. That would be Unconstitutional. A public university cannot punish a student for the kind of consensual sex he/she has. That one was the real sticking point for people. They thought that you can make a team rule / student code for anything. (2) The other potential Constitutional issue is that the process used to punish/investigate/rule the incident needs meet the basic Due Process requirements (that's a really complicated isssue that we can discuss later).
The Constitutionality of rules/laws is always challenged at the appellate process. A state, public entity, or even private entities have a rule/procedure/law that negatively impacts someone. That person loses the hearing (they could lose a job, etc.) and then they appeal the ruling. Before the Federal Courts chime into the discussion, the party needs to have "standing", which means, they had to have been negatively impacted by the law. (Think of Brown vs. Board of Education, the parents who brought suit had to actually be from Topeka, they had to have kids affected by the segregation laws, etc. If they didn't, they wouldn't have had standing).
For our case, the process had to have someone be investigated and punished by the EoAA of the U of MN before you can appeal the decision and challenge the Constitutionality of the process. If you don't believe me, ask yourself why the appeals process for this situation goes next to the Provost and then to Federal Court. Why do you think that might be?