Suspended players will NOT be charged!

Read between the (well advised) PC lines.... If needed or desired, they WILL play.

I don't think Claeys is being PC by saying he's taking it day-by-day. I think he's waiting to see how they do in practice after missing a month. This is from the Pioneer Press:

Whether they will play Saturday against Iowa at TCF Bank Stadium is another question. KiAnte Hardin, Ray Buford, Dior Johnson and Tamarion Johnson have not practiced for a month, and Claeys said it’s unclear whether they’ll be up to speed.

“We’ll just see,” Claeys said. “We’ll go day by day with it.”

“They haven’t been involved in anything, so I’ll know a lot more in practice,” Claeys said.

“It still comes down to, yeah, they violated team rules, and they were suspended for that,” he said. “That’s the only part that I can control. I wasn’t involved in any of the other parts of it. As a school, we let it play out like it should, and now we are to where we can let them go back to practice. That’s what we are going to do.”
 

Title 1X requires that students no matter their sex are given equal opportunities for an education including non academic activities in an academic institution that receives federal moneys.
If a student is assaulted by another student that presumes that he or she is denied equal opportunity to participate fully in their academic careers.
The university is required to protect equal opportunity.
It has no ability to imprison or fine students found guilty of preventing equal opprtunity. It is not another criminal justice system.
The most that they can do after a hearing is dismiss the guilty student.
 

I think having parallel justice systems for criminal matters is absurd.

Having said that NO AD OR PRESIDENT CAN DO ANYTHING ABOUT IT. Title IX requires them to take actions regarding these things. It's terrible, it's wrong, it's stupid..... but they can't opt out.

Schools DO have latitude and discretion on how they believe they are abiding by title IX, and what constitutes title IX violations etc. Schools like Baylor and Colorado before them were egregious in that they allowed a pattern to foster and develop.


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Schools DO have latitude and discretion on how they believe they are abiding by title IX, and what constitutes title IX violations etc. Schools like Baylor and Colorado before them were egregious in that they allowed a pattern to foster and develop.


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You want to go the Baylor route?

I'm not sure those choices are without consequences.
 

You want to go the Baylor route?

I'm not sure those choices are without consequences.
No and you don't want to go the the Brown University route either. Brown moved forward with discipline without allowing for the introduction of exculpatory evidence. The Federal District Court found that the procedures used did not meet expectations and were unfair. Given the precedent established in that case it would be difficult for the U to move forward with any significant disciplinary action. In this case there was a proper local police investigation resulting in insufficient evidence to move forward with charges. That doesn't mean that there might be some action based on the appearance if impropriety. I wouldn't be surprised to hear that they need to take some type of sensitivity training but any further suspension is doubtful.
 


No and you don't want to go the the Brown University route either. Brown moved forward with discipline without allowing for the introduction of exculpatory evidence. The Federal District Court found that the procedures used did not meet expectations and were unfair. Given the precedent established in that case it would be difficult for the U to move forward with any significant disciplinary action. In this case there was a proper local police investigation resulting in insufficient evidence to move forward with charges. That doesn't mean that there might be some action based on the appearance if impropriety. I wouldn't be surprised to hear that they need to take some type of sensitivity training but any further suspension is doubtful.

I agree, but I'm missing your point.... neither of those apply here.
 


What kind of pressure can Hutton put on the school at this point? Now that he brought the race card into this, is he just trying to make it so if anything else happens not in his client's favor that he will cause a media outrage? Or does it go deeper than media? I wonder if the victim is also applying pressure from the other side and that's why this has gone on for so long.
 

I agree, but I'm missing your point.... neither of those apply here.
The point is the while there is a requirement for a Title IX investigation the excesses seen else where don't apply. There was a proper investigation so the Baylor example doesn't fit. The Brown process was curtailed by a Federal Judge. Based on that precedent, the U would have consider the whole file and the lack of evidence, so the potential for further disciplinary action is small.
 






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