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Fall 2017 allegations against unnamed players (aka Situation 2)


DoctorB

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59 minutes ago, TheA_Bomb said:

Retired after 22 years and only got one Meritorious Service Medal?  That's telling, but I bet it was the toxic masculinity of the "military" (if you count the Coast Guard) holding her back.

Ever consider having a scientist or engineer as the adjudicator?  You know someone that examines facts and draws logical conclusions.

Or a priest? Perhaps a novel idea for this Catholic, Jesuit university? 

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The bias in the system is that those interested enough to go through the training and meetings are going to be those passionate about women's issues. Everything else being equal they are going to view the female as credible and the victim. There is a reason our legal system calls for a jury of our peers. Add to that a weak standard of proof and the guy starts in a handicapped position.  The T9 person interviewed referenced times when the VICTIMS thought the penalty was too severe.  I don't think they put any weight on the punishment of not playing for a division. 1 player hoping to play pro bb after college.

 

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Some nuggets from an important 2016 federal Appeals case reference Title IX:

"the decision [by the 2nd Circuit Court of Appeals] allows students accused of sexual assault broader legal remedies against their universities."

"John Doe filed a lawsuit alleging several aspects of the investigation and the hearing into his case displayed a clear anti-male bias on the part of the university."

"The university ignored evidence that the encounter was consensual, John Doe says, including his claim that the female student, identified as Jane Doe, initiated the encounter, chose its venue and retrieved a condom from her room."

"The student also alleges that Jilleian Sessions-Stackhouse did not act impartially in her capacity as Columbia’s Title IX investigator. John Doe said the investigator refused to interview witnesses who could have verified his interpretation of the encounter, ignored exculpatory evidence, willingly misconstrued his statements and routinely failed to inform him of his rights throughout the review process."

"John Doe said that mounting pressure against the university played a role in the outcome of his case. Administrators, he said, were motivated to clear their own names rather than adjudicate the allegations against him impartially."

“[A} university that adopts, even temporarily, a policy of bias favoring one sex over the other in a disciplinary dispute, doing so in order to avoid liability or bad publicity, has practiced sex discrimination, notwithstanding that the motive for the discrimination did not come from ingrained or permanent bias against that particular sex.”

I guarantee SLU is nervous and should be.  CLEARLY, Rosenblum would be able to show to a jury that there was bias and an inability on the part of Weathers to be impartial.  And I am basing this just on her postings AND her deleting of her postings (showing complete guilt).  Who knows what other evidence is out there that Rosenblum is going to be able to use.

 

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Couldn't Pestello salvage this situation?  Can they dismiss the guidance of the DOE Title IX people?  Can he have his lawyers contact the "victim" lawyers and the accused lawyers.  We come to a resolution acceptable to all parties and go about our ways.  It may involve a payoff to all involved including a nondisclosure agreement.  Wouldn't this be best for all? 

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3 minutes ago, HoosierBilliken said:

Couldn't Pestello salvage this situation?  Can they dismiss the guidance of the DOE Title IX people?  Can he have his lawyers contact the "victim" lawyers and the accused lawyers.  We come to a resolution acceptable to all parties and go about our ways.  It may involve a payoff to all involved including a nondisclosure agreement.  Wouldn't this be best for all? 

Haha, right. Why would he want a different ending? This is what Pestello wanted, otherwise he wouldn't have allowed such a kangaroo court to take place

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10 minutes ago, LindellWest said:

Haha, right. Why would he want a different ending? This is what Pestello wanted, otherwise he wouldn't have allowed such a kangaroo court to take place

Frankly, I think this has just boiled down to lack of Pestello’s experience and inability to command a situation.  He figured if he stepped away and let the schools process play out - and it wasn’t too severe - he could slide through S2 with little pressure put on him.  Now that the rulings have come out, and are devastating on many levels, he’s realized he’s gotten himself into a shitstorm.  He’s feeling incredible pressure from the media, donors, and those close to the school to reach a reasonable and fair outcome that doesn’t impact the schools reputation or MBB program.

I hope he’s beginning to understand that this needs to be resolved in a way that’s acceptable to SLU alumni and the public eye - his fingerprints are all over this and his title may be at risk.

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3 minutes ago, TheOne said:

Frankly, I think this has just boiled down to lack of Pestello’s experience and inability to command a situation.  He figured if he stepped away and let the schools process play out - and it wasn’t too severe - he could slide through S2 with little pressure put on him.  Now that the rulings have come out, and are devastating on many levels, he’s realized he’s gotten himself into a shitstorm.  He’s feeling incredible pressure from the media, donors, and those close to the school to reach a reasonable and fair outcome that doesn’t impact the schools reputation or MBB program.

I hope he’s begging to understand that this needs to be resolved in a way that’s acceptable to SLU alumni and the public eye - his fingerprints are all over this and his title may be at risk.

Agree 100%.  

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45 minutes ago, TheOne said:

Frankly, I think this has just boiled down to lack of Pestello’s experience and inability to command a situation.  He figured if he stepped away and let the schools process play out - and it wasn’t too severe - he could slide through S2 with little pressure put on him.  Now that the rulings have come out, and are devastating on many levels, he’s realized he’s gotten himself into a shitstorm.  He’s feeling incredible pressure from the media, donors, and those close to the school to reach a reasonable and fair outcome that doesn’t impact the schools reputation or MBB program.

I hope he’s beginning to understand that this needs to be resolved in a way that’s acceptable to SLU alumni and the public eye - his fingerprints are all over this and his title may be at risk.

A very reasoned post, and I hope you are right about the amount of pressure he is feeling. I'm less than hopeful though. 

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50 minutes ago, TheOne said:

Frankly, I think this has just boiled down to lack of Pestello’s experience and inability to command a situation.  He figured if he stepped away and let the schools process play out - and it wasn’t too severe - he could slide through S2 with little pressure put on him.  Now that the rulings have come out, and are devastating on many levels, he’s realized he’s gotten himself into a shitstorm.  He’s feeling incredible pressure from the media, donors, and those close to the school to reach a reasonable and fair outcome that doesn’t impact the schools reputation or MBB program.

I hope he’s beginning to understand that this needs to be resolved in a way that’s acceptable to SLU alumni and the public eye - his fingerprints are all over this and his title may be at risk.

-we're all guessing here....who does he talk to, listen to, read or otherwise deal with that is causing him to think like you, me and many other people as a result of this discipline?  I hope it is the case but really doubt that it is - to go cliche, he lives in an ivory tower, deals with other dwellers of the ivory tower, I hope there is pressure, unfortunately I am skeptical he is feeling any, unless there are BoT members who are not pleased, to me that is our hope

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9 minutes ago, Cowboy said:

-we're all guessing here....who does he talk to, listen to, read or otherwise deal with that is causing him to think like you, me and many other people as a result of this discipline?  I hope it is the case but really doubt that it is - to go cliche, he lives in an ivory tower, deals with other dwellers of the ivory tower, I hope there is pressure, unfortunately I am skeptical he is feeling any, unless there are BoT members who are not pleased, to me that is our hope

I am certain Joe Conrad is beyond pissed about this. Whether he can actually do anything is another story, but there is no doubt he loves the basketball team.

TheOne's post above is a good one. Pestello likely thought this process would produce a relatively fair and balanced decision that both sides could live with. His massive failing was not understanding how unbalanced this process is from start to finish; with a policy that treats men as guilty by association to a ruling officer that is predisposed to making the punishment excessive.

The only hope we have at this point is that the appeal gets heard and the group of 3 have a more balanced approach to life and the realities of college drinking and consensual sex and can see the complete injustice that the original punishments are. 

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In a situation where details are limited/not availableannd the slightest social media moves make one speculate like crazy, I find it odd that the 3 players presumed to be involved that have not played this year still have SLU gear on their twitter profile pics/avatar. 

If it were me and I was railroaded by a university in the way these young men have been the first thing I would was remove all pictures showing me in their uniform as an F U.

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1 minute ago, 615Billiken said:

In a situation where details are limited/not availableannd the slightest social media moves make one speculate like crazy, I find it odd that the 3 players presumed to be involved that have not played this year still have SLU gear on their twitter profile pics/avatar. 

If it were me and I was railroaded by a university in the way these young men have been the first thing I would was remove all pictures showing me in their uniform as an F U.

And would not blame any of the 4, for bolting. Same goes for the coach and any other player.

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22 minutes ago, billikenbill said:

Pestello is turning out to be so stupid he couldn't pour pi$$ out of a boot if the directions were on the heel.

He's a clueless buffoon

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7 minutes ago, NashvilleBilliken said:

I got the call for money last night and let SLU know they wont be getting a dime from me due to the ridiculous way it has treated the basketball program. The girl said she understood....maybe they are hearing that more than I thought?  It made me feel a little better...

I got the same call and said the same. 

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Crazy. 

Hopefully Ben Fred keeps on looking into this. I think it would be smart for him to continue with it.

He is kind of low on the totem pole so hopefully he sees this as a way to get his name out there.  Blowing the doors off a crooked title 9 case could really help his career. 

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1 hour ago, dlarry said:

Crazy. 

Hopefully Ben Fred keeps on looking into this. I think it would be smart for him to continue with it.

He is kind of low on the totem pole so hopefully he sees this as a way to get his name out there.  Blowing the doors off a crooked title 9 case could really help his career. 

For me personally, Ben Fred is the only writer worth reading at the Post (aside from Stu of course). Everyone else is brutal. I think' he'll do just fine.

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"Now 21, Neal was a sophomore football standout at Colorado State University at Pueblo when a night of sexual intimacy, and dueling views afterward about what happened, resulted in a multiyear suspension. He has sued the university and the Education Department, contending that his due-process rights were violated after the 2015 incident and that the school exhibited gender bias against him. The university declined to comment. Some data suggest that suits such as Neal’s are getting results

SAVE Services, a Maryland-based group that seeks to highlight what it calls “rape hoaxes” and protect the rights of the accused in sexual-assault cases, found in a survey that about 70 percent of these types of lawsuits filed against colleges from 1993 to 2015 ended in settlements or rulings that at least partially benefited the plaintiffs. In recent years, the number of lawsuits filed against universities for due-process violations has increased dramatically. Andrew Miltenberg, a lawyer who has represented Neal and other male clients in such cases, said the federal guidance tilted the disciplinary process against the accused. “It has almost created a new class of victims, and those victims are young men who essentially have been railroaded,” Miltenberg said.

But many plaintiffs are finding success in court with arguments that internal college investigations were flawed or biased. “Now judges are digging deeper,” said Brett Sokolow, a lawyer who is president of the National Center for Higher Education Risk Management. “They are losing trust in the good faith that colleges had when addressing these situations. And that’s a very dangerous position for colleges.”

 

Source: https://www.washingtonpost.com/local/education/expelled-for-sex-assault-young-men-are-filing-more-lawsuits-to-clear-their-names/2017/04/27/c2cfb1d2-0d89-11e7-9b0d-d27c98455440_story.html?utm_term=.5082d9c4662f

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