Well, I was already annoyed at how the University has seemingly moved on from the goal of education to social justice causes and this now puts me over the top. Not that Stanford needs my money but I feel more comfortable donating to my grad school than my undergrad at this point if this is how the money is going to be spent 'educating' students. If I could guarantee my money could be funneled directly to logic classes, I would donate again. But as for now, you are on your own funding this crap. I will watch the football team for entertainment but I will not recruit the U campus. I will vote with my feet/money and hopefully that will finally help restore sanity.
Am I the only one that thinks this isn't funny? At all.
The players said they would only end the boycott "when the suspensions of all 10 player are lifted". Obviously either they think rape is okay or the woman is a liar because she alleges that half of the 10 raped her. So they said they wouldn't end the boycott until the guys who allegedly raped her had their suspensions lifted...lifted even though they are guilty of rape or because the victim lied. Clearly they didn't believe the victim. I support this video as it shows how ridiculous the entire football team's attitude is towards women.
The players said they would only end the boycott "when the suspensions of all 10 player are lifted". Obviously either they think rape is okay or the woman is a liar because she alleges that half of the 10 raped her. So they said they wouldn't end the boycott until the guys who allegedly raped her had their suspensions lifted...lifted even though they are guilty of rape or because the victim lied. Clearly they didn't believe the victim. I support this video as it shows how ridiculous the entire football team's attitude is towards women.
Lot of mentions of "Constitutional protections" in there. Which of the players Constitutional rights were violated? It says, "He or she can be dismissed, and be deprived of an implied constitutional right of education." There's no such right. Millions of people in the US go without a college education. Almost no one gets a free college education.
Courts have repeatedly found that the definition of due process is much different in academic settings, even in disciplinary situations, than in legal/judicial settings. I don't think it's been dealt with explicitly, but I'm certain the standard drops precipitously when moving down from expulsion to missing football.
An example: http://www.stetson.edu/law/faculty/bickel/civilrights/media/case-digest-dixon-v-alabama.pdf
The Fifth Circuit concluded that precedent cases, as well as fundamental constitutional principle s support
the decision that due process requires notice and some opportunity for hearing before a student at a tax
supported college is expelled for misconduct. The notice should contain a statement of the specific charges and
grounds which, if proven, would justify expulsion under the regulations of the Board of Education. The nature
of the hearing should vary depending upon the circumstances of the particular case, but in a case such as this,
due process requires more than an informal interview with an administrative authority of the college. In such
circumstances, a hearing which gives the Board or other administrators of the college an opportunity to hear
both sides in considerable detail is best suited to protect the rights of the student(s) and the college. The court
stopped short of requiring a quasi judicial hearing, with the right to cross‐examine witnesses, but suggested
that the student should be given the names of the witnesses against him and an oral or written report on the
facts to which each witness testifies. He should also be given the opportunity to present to the Board, or an
administrative official of the college, his own defense, including oral testimony or written affidavits of
witnesses in his behalf. If the hearing is not before the Board, the results of the hearing should be presented in
a report open to the student’s inspection
You can't be serious...did you read this? This is a case from 1960 involving students protesting separate but equal laws in Alabama by sitting at a public restaurant.
You should probably read this from the viewpoint of being the accused in the process, as yourself or, say, your son or daughter...read the due process section real carefully, as that was the focus of the boycott.
http://www.rollbamaroll.com/2016/12/19/14013744/longform-inside-the-star-chamber
It's a case about what due process is required for a public university to expel students. Which case law do you find to be most germane? The fact is that there isn't that much. Neither Goss vs Lopez or Horowitz vs The Univ of Missouri applies very well. SCOTUS has ruled that there's a difference in academic vs disciplinary cases, and has indicated that expulsions may require more process than suspensions, but hasn't ever spelled out what's required for expulsions. All of the cases, though, imply a SIGNIFICANTLY different level of due process for Universities than for criminal courts. Comparing the two is silly.
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/horowitz.html
Wolitarsky representing the team said the boycott would continue until due process occurred and ALL THE PLAYERS were reinstated on the team. (not just the ones who didn't have sex)...this would include Djam who videoed the sex which is unlawful under Minnesota law (but no charges forthcoming???), and got the underaged recruit involved. If you actually read what Wolitarsky said it had nothing to do with due process...even thought they keep saying that word...it had to do with outcomes. If after due process the players were determined to deserve the consequences they got, the team would still be boycotting. So for that reason, logic would say that it wasn't about due process as due process couldn't alone end the boycott but dropping the whole matter and letting the guys back on the team would.
That being said, that was a great link to read. Thanks.
really by saying they would only resume football when the consequences of all 10 guys were lifted...they backed themselves in a corner. It is true that I don't know the woman and she may have lied. I do know a line of guys screwed a drunk woman an the only video produced has her saying nooooo. The players texts were offensive and at a minimum displayed an extreme disrespect of women generally. They players didn't say they were going to boycott until the accused players got their due process....which would sort out the credibility of the alleged victim....they were going to boycott until they were ALL back on the team. For that to happen, either the alleged victim was lying or the players think rape is okay. I prefer to think they aren't okay with rape and think the woman is lying. The video their fellow students made reflects this...they think the alleged victim is lying....all of them. Not one member of the team didn't join this boycott. If this was the first time a Minnesota football player had been accused of rape, I might see their point. But clearly that is not the case. it also seems that there is at least one group of students who don't think the team respects women and doesn't take rape allegations seriously. They also involved a recruit and apparently the team thought this was okay and shouldn't be punished (again...the boycott was to last until all the members were back one the team)....which makes me think that there might be a culture on the team that needs fixing. The vast majority of rape victims do no lie about rape....anywhere from 90-98% are estimated to be telling the truth. So without knowing the woman but having seen the players tweets, I feel pretty confident...somewhere in the 90%'s that she is credible and rapes occurred.
A key piece of due process is that it happens before a consequence is administered. Suspensions happened. There was not due process with regard to those. As a general rule, schools can administer brief suspensions (under ten days) if there is immediate danger to the student or others. Not sure that can be argued here since they were reinstated earlier.