Fall 2017 allegations against unnamed players (aka Situation 2)

[WashMoBill]

So glad I joined a music forum 

[cgeldmacher]

21 hours ago, hoppybeer said:

They have definitely left their sexual assault policy wide open.

 

“Sexual assault” is a form of harassment. “Sexual assault” refers to engaging in any form of sexual contact or conduct with another without that person’s clear, knowing, and voluntary consent. Sexual assault refers to any sexual contact without consent and includes intentional touching, either of the victim or when the victim is forced to touch, directly or through clothing, another person’s genitals, breasts, things, or buttocks.

 

I think we need an in-depth discussion on what exactly "things" means.

So, it prompted a funny discussion, but the word "things" does not appear at all in the policy.  Unless I'm missing something.

“Sexual Assault” refers to engaging or attempting to engage in any form of sexual contact or sexual intercourse with another without Effective Consent and/or by force.

Sexual Contact is:

• any intentional contact with the breasts, buttocks, groin, genitals, or mouth with any object or body part, whether it is over or under clothing;

• making another touch you or themselves with or on any of these body parts; or

• any other intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

Sexual Intercourse is:

• vaginal penetration, however slight, by a penis, object, tongue or finger;

• anal penetration, however slight, by a penis, object, tongue, or finger; or

• oral copulation (mouth to genital or anal contact or genital or anal to mouth contact).

[cgeldmacher]

Also, here is the applicable section.  Just thought I'd post it so that others didn't have to search through the policy.

“Sexual Exploitation” occurs when an individual takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the person being exploited, and that behavior does not otherwise constitute any other form of Prohibited Conduct. Examples of Sexual Exploitation include, but are not limited to:

• invasion of sexual privacy, including observing or allowing another individual to observe another’s nudity or sexual activity without the Effective Consent of all individuals’ involved;

• prostituting another person;

• non-consensual video or audio-taping of sexual activity;

• engaging in voyeurism;

• knowingly exposing another individuals to a sexually transmitted infection or virus without that individuals’ knowledge of the exposure;

• exposing or inducing another to expose their genitals without consent; or

• inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.

[cgeldmacher]

Another potentially problematic section:

“Aiding or Facilitating” is when any individual or group of individuals aids, facilitates, promotes, colludes or encourages another to commit a violation under this policy. Aiding or facilitating may also include failing to take action to prevent an imminent act when it is reasonably prudent and safe to do so. Aiding or facilitating includes gaining academic or personal advantage or privilege with negative impact on others or the community through violation of the policy or any other community standards.

[cgeldmacher]

Here is the section about the timeframe of an investigation

B. Timeframe for Investigation, Determinations and Appeal

Except for good cause, the University will conclude its investigation, hearing, and appeal process within sixty (60) calendar days following receipt of a report. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness, fairness, and impartiality. The University may extend this time frame for good cause and will communicate any delay in the process in writing to the parties, including an updated timeframe for completion and the reason(s) for any delay. Good cause may exist for a variety of factors, including the complexity of the circumstances of each allegation, the integrity and completeness of the investigation, to comply with a request by external law enforcement, to accommodate the availability of witnesses, to account for University breaks or vacations, or to address other legitimate reasons.

[cgeldmacher]

Last one, I promise.  Just wanted to get the pertinent sections out there.

D. Determination of Responsibility and Sanctions

The Hearing Officer is an administrator designated by the University to determine responsibility and impose, as appropriate, any sanctions. The Hearing Officer will provide both the Reporting Party and Accused Party an opportunity to review the final investigative report and meet with the Hearing Officer separately to discuss the recommended findings and underlying facts. Alternatively, the parties may submit written comments in lieu of an in-person meeting with the Hearing Officer. Any Party may submit written questions that they want to be asked by the Hearing Officer of another Party. The Hearing Officer will review the questions prior to them being asked of another Party to ensure they are appropriate and relevant. At the conclusion of the individual meetings, or upon receipt of additional written comment, the Hearing Officer will make a determination as to whether, based on the preponderance of the evidence standard, the Accused Party committed an act or acts of Prohibited Conduct in violation of this policy.

If the Hearing Officer determines that the Accused Party is responsible for one or more forms of Prohibited Conduct, the Hearing Officer will determine the appropriate sanctions. A determination of sanctions will be based on the facts and circumstances of each case and will be designed to eliminate the Prohibited Conduct and prevent any reoccurrence of such Prohibited Conduct. Any determination for sanctions will be rooted in the University’s educational mission, institutional values, and Title IX obligations. Sanctions for Employees and University Contractors are found in the University’s Harassment Policy and Faculty Manual.

Sanctions for Students for a violation of this policy may include: expulsion; suspension; disciplinary probation; mandated counseling assessment which may include anger management course(s), alcohol and/or drug education program(s), and other requirements based upon the counseling assessment; restrictions on campus privileges including restrictions on campus housing or participation in student activities; community service; and/or other education sanctions.

In determining the appropriate sanction, the Hearing Officer may consider the following factors:

• the nature and violence of the conduct at issue;

• the impact of the conduct on the Reporting Party;

• the impact of the conduct on the University community;

• prior misconduct by the Accused Party, including the Accused Party’s relevant prior discipline history, both at the University or elsewhere, and any criminal convictions;

• how the University has previously sanctioned similar conduct;

• whether the Accused Party has accepted responsibility for the conduct;

• maintenance of a safe and respectful learning, living and working environment;

• protection of the University community; and

• any other mitigating, aggravating, or compelling circumstances in order to reach a just and appropriate outcome in each case.

Both the Reporting Party and Accused Party will simultaneously receive a written notice of the outcome of the Hearing Officer’s findings, any sanctions, the rationale for each and the right to appeal.

If an Accused Party wishes to return to campus after completing their period of suspension, the University shall notify the Reporting Party if a.) the Accused Party’s request to return has been approved and b.) the Reporting Party is currently enrolled in the University.

[hoppybeer]

23 minutes ago, cgeldmacher said:

So, it prompted a funny discussion, but the word "things" does not appear at all in the policy.  Unless I'm missing something.

 

That was pulled directly from the online version of the student handbook that Tillkowsky linked.  Please read the second line of page 22. You may also find your missing sense of humor after you finish reading the line.

 

If not, feel free to come back and continue to speculate while treating your speculation as fact that we should all be aware of.

[Old guy]

The pertinent sections of the student handbook do not appear to indicate a rapid or forgiving outcome to this issue. This is regardless of whatever the judicial outcome to this case may be. 

[cgeldmacher]

45 minutes ago, hoppybeer said:

That was pulled directly from the online version of the student handbook that Tillkowsky linked.  Please read the second line of page 22. You may also find your missing sense of humor after you finish reading the line.

 

If not, feel free to come back and continue to speculate while treating your speculation as fact that we should all be aware of.

You're absolutely right.  I see it now.  My mistake.  I was looking at the wrong section.

[Glorydays2013]

Ok Frank anytime...

[moytoy12]

19 minutes ago, Glorydays2013 said:

Ok Frank anytime...

Won't surprise me if whatever update is to occur happens around 5 pm this evening. 

[billikenfan05]

26 minutes ago, moytoy12 said:

Won't surprise me if whatever update is to occur happens around 5 pm this evening. 

The good ole 5pm Friday news dump

[Old guy]

Since nothing has been posted I assume no announcement or update came at 5 PM. 

[RiseAndGrind]

26 minutes ago, Old guy said:

Since nothing has been posted I assume no announcement or update came at 5 PM. 

Nope 

[almaman]

six weeks left till first game. can't wait 2c will it be SAD or HUGE

[Old guy]

Neither you nor I or anyone else has the slightest idea as to how the University is  going to handle this, at least until they make their decision as to what to do at the end of it.

[JohnnyJumpUp]

3 hours ago, Old guy said:

Neither you nor I or anyone else has the slightest idea as to how the University is  going to handle this, at least until they make their decision as to what to do at the end of it.

 

[Tilkowsky]

Realistically how much longer can they close practice?

Doesnt give any opportunities for media interviews.

Less"buzz" about the team going into the season.

[Billiken Rich]

No news is good news Trollkowsky

[prebilliken]

1 hour ago, Billiken Rich said:

No news is good news Trollkowsky

Can someone explain to me why my Trollkowsky comments are somehow coming through even though he is muted?

[dlarry]

8 minutes ago, prebilliken said:

Can someone explain to me why my Trollkowsky comments are somehow coming through even though he is muted?

His takes are so hot they burn down the muted wall?

That would be my guess.

[Quality Is Job 1]

17 minutes ago, prebilliken said:

Can someone explain to me why my Trollkowsky comments are somehow coming through even though he is muted?

I've noticed that if comments are added while reading a thread and I either click "show new replies" or I post a reply, comments from ignored users will appear as if I had clicked options and selected, "Show this post."  My guess is that it's a bug in the code.

Any time you're not logged in, all posts will show.

[Billiken Rich]

Oh man now they got Nelly.....

 

http://www.tmz.com/2017/10/07/nelly-arrested-rape-washington/

[willie]

Hope he doesn't tie up our man Scott. 

[almaman]

Gettin' hot in here