(1) Whether they attend the U or not, they still have a few gigantic motivations for their lawsuit. I don't think leaving or staying has any impact on that. In fact, if they leave, I think there is a much better chance that they sue.
(2) He certainly could represent all 10 men. I think there are some logistical issues. The 5th doesn't apply to civil cases (it protects you against criminal liability), I don't really know where you were going there. They are going to come out as losers in the court of public opinion regardless. They couldn't be lower than they are right now. The only info the public has is the police report and her story (EOAA). If they ran their own investigation and released that report, it would likely sway some people. They'll never be in worse standing in the court of public opinion than they are right now.
(3) I don't mean this to offend you, but if you can't see the difference between being a part of a consensual sexual act and a group sexual assault - - I don't know what to tell you. The reason for their suit against her is probably to get their side of the story out there. They get to release a report.
(4) It doesn't undercut the Due Process theme at all. I can't see a potential lawsuit against her has anything to do with Due Process. I already said that I hope it doesn't happen, but I don't see any connection here.
I will try to respond to you point by point. Then I have a couple of sincere questions for you.
1) You may be right, and I think we are going to find out, but if each of these players had their own lawyer, I believe that some of them would be best served by making the claim against the U, resolving that quickly, and then moving on. I agree that this is going to follow them forever, but that doesn't mean that they will necessarily get a net benefit out of a favorable outcome if that's balanced against having the whole thing resurface several times as the legal process plays out.
2) My point is that on the state of the record right now, the authorities have decided not to charge. If that record gets expanded, those decisions could be revisited. The things that some of these players are accused of would, if proven, constitute a crime. There is some risk in inviting that expansion of the record. Maybe they are confident enough in the facts that they aren't concerned, but I would at least give it some thought. I think it's feasible to represent all ten in a "due process" argument, less advisable in some type of defamation claim. In a civil trial where the truth of the allegations is at issue, they are going to be asked about not only their own behavior, but also that of the others. As an example (made up just to illustrate the point), they may be asked if they participated in filming the sex acts of the recruit or sharing that video. I understand that the recruit is a minor. If they were involved in the creation or dissemination of that video, they may have committed a crime. They could take the Fifth in response to the questions about themselves, but not as to the others. They could also be sued by the minor if they shared the video, depending on the content.
I do think you are wrong that they couldn't possibly be viewed more poorly by the public than they are right now. If they sue the woman involved for monetary damages, I think they will be perceived even worse than they are now.
3) I understand the difference between consent and non-consent, my point is that it's not going to make a difference to the big picture. The can issue their own report, but it isn't going to change the public perception much. They already have the ability to publish their own stories, and it looks like people close to them are the likely source of the leaks of the reports. In a civil suit against her, they can depose her and she will undoubtedly offer testimony which contradicts what's in reports, but so will the players. Even if everyone is trying to be 100% accurate, there are going to be discrepancies. And then the other people with whom they communicated about this will also be deposed. It wouldn't be surprising if half the team ended up on a witness list, would it? It's almost certain that there will be other inconsistencies that stem from that, there are too many people involved for there not to be. It will be a muddled mess and, in the end, I think everyone will look worse.
4) I'm not suggesting that they couldn't legally make such a claim, just that it will distract from their stronger claims and, as such, seems like a bad idea to me where the possible risk far outweighs the possible benefit. There is some hope of keeping the focus on the corrupt, unconstitutional process that the U followed here if the defendants are the University, Kaler and Coyle. If they sue the young woman, I am afraid that will get all the attention.
Here are my questions for you: In your mind, what is the legal theory against the woman involved and what is the benefit of making such a claim, even if it exists?