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Fall 2017 allegations against unnamed players (aka Situation 2)


DoctorB

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2 minutes ago, slu72 said:

Since from the post above about Invasion of Privacy states it's a class A felony, why didn't the cops go and arrest these guys that morning and seize their cellphones? I can see why Rosenblum said a case of buyer's remorse. It suddenly dawned on them after they sobered up a bit that their was photographic evidence out there that might be shown around campus. Find it hard to believe they didn't agree to the pic taking at the time.

-I'm not an attorney but it seems you can't have an expectation of privacy with 6 other people in the room and the expectation of privacy is what is required for there to be a crime, one of the lawyers can confirm or correct

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10 minutes ago, Spoon-Balls said:

When all is said and done, whatever the outcome might be, I cannot wait for this story to get picked up by the mainstream media (just like the Aziz situation). SLU is going to get crucified for their handling of all this. 

I don't know about mainstream media but the Riverfront Times will do a good job with this mess. For the life of me if this is just about not consenting to filming, how this deserves anything more then a slap of the hand  is hard to believe. 

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3 minutes ago, Cowboy said:

-I'm not an attorney but it seems you can't have an expectation of privacy with 6 other people in the room and the expectation of privacy is what is required for there to be a crime, one of the lawyers can confirm or correct

I'm not an attorney either, but I can tell you a prosecuting attorney wouldn't touch this case, as it doesn't meet the elements of the crime. Expectation of privacy being one of the elements.

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So... If it's going to come to this, match their victim card with your own. If they're going to ramp things up and make the "she said" a public statement, get your "he said" statement out in the public eye as well and let them decide. Too often the female plays this as their trump card. They wanna play in the mud, start throwing some mud. 

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1 minute ago, JohnnyJumpUp said:

I'm not an attorney either, but I can tell you a prosecuting attorney wouldn't touch this case, as it doesn't meet the elements of the crime. Expectation of privacy being one of the elements.

And on top of that, they'd have to prove beyond a reasonable doubt that there was no consent.  Good luck doing that in a he said/she said situation. 

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Just now, SLUperman said:

So... If it's going to come to this, match their victim card with your own. If they're going to ramp things up and make the "she said" a public statement, get your "he said" statement out in the public eye as well and let them decide. Too often the female plays this as their trump card. They wanna play in the mud, start throwing some mud. 

Assuming it's true, I'm surprised we haven't heard more from Rosenblum about the false police report that was filed.

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This is a joke.  I had been worried for a while that evidence would come out to suggest non-consensual aspects of the actual sexual activity. 

However, the lawyer for 1 (but not the other 2 "victims" since they didn't even want to pursue anything) comes out and publicly acknowledges that this whole thing boils down to photos.  So these dumb girls decide it is ok to get involved in a gangbang, but god forbid someone takes a photo, and then all hell breaks loose, including essentially the expulsion of all guys involved and not just the one who took the pic. 

Imagine if the roles were reversed and one of the girls took a pic.  Any guy complaining would be laughed out of the Title 9 office if he complained. 

SLU is going to get sued.  And i hope this girl realizes how unjust this punishment was.  Lawyers like Ms. Wessling put ideas in these girls heads that they are all victims.  Hopefully she counseled them on maybe not engaging in gangbangs again.  

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49 minutes ago, slufan13 said:

Is this from the SLU student handbook or is it Missouri law? If Missouri law, this is why I'm assuming no criminal charges.

 

44 minutes ago, JohnnyJumpUp said:

MO Law

I think SLU has a big problem here if they are going to try to say that their rules are different than state law and that is why the punishment is so severe.  The SLU student handbook states that only consent and effective consent are required.  The SLU threshold for consent for what happened is lower than the state's.

 

Quote

 

“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.

 

 

 

Quote

 

2.7.35 Unauthorized Use of Electronic Devices

Unauthorized use of electronic or other devices to make an audio or video record of any person without their prior knowledge, or without their effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another and includes the reproduction of pictures. (The University reserves the right to use video recording on Campus to maintain safety and security).

 

 

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It does confirm that these boys would be in jail if not for the video.  A black man's word against a white women's word in court is not a good way to avoid a long prison sentence.

I would be fascinated to hear someone ask about the trip to the hospital as the statement is CLEARLY indicating the girls agreed to the .  It is even CLEARLY indicated the girls never objected to the video taping and APPEARS to be verifying the girls knew they were being taped.  This is wild. 

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I'm open to hear otherwise, but I also have a hunch that we wouldn't be at this juncture if the boys in question were scrawny and white. Just take a look at statistics on sentencing for similar crimes if you are black vs white in this country. While improvement is being made, unfortunately, being black inherently makes you a feared figure in today's society still, and I think it'd be remissive of SLU to overlook the fact that the last two "Situations" have involved excessively harsh punishments for large, imposing, black men. If Title IX wants to play the their social victimization card, I think Rosenblum and Co. have an extremely valid card of their own in their back pocket. 

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2 minutes ago, SLUperman said:

I'm open to hear otherwise, but I also have a hunch that we wouldn't be at this juncture if the boys in question were scrawny and white. Just take a look at statistics on sentencing for similar crimes if you are black vs white in this country. While improvement is being made, unfortunately, being black inherently makes you a feared figure in today's society still, and I think it'd be remissive of SLU to overlook the fact that the last two "Situations" have involved excessively harsh punishments for large, imposing, black men. If Title IX wants to play the their social victimization card, I think Rosenblum and Co. have an extremely valid card of their own in their back pocket. 

I don't know.  To a full boat, social justice warrior, wouldn't being African American be almost a mitigating factor?  

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24 minutes ago, brianstl said:

 

I think SLU has a big problem here if they are going to try to say that their rules are different than state law and that is why the punishment is so severe.  The SLU student handbook states that only consent and effective consent are required.  The SLU threshold for consent for what happened is lower than the state's.

 

 

 

 

This section (and the policy in general) is so poorly drafted, I can't believe that any worthwhile attorney participated in the creation of this document.  The poor drafting does serve the purpose of providing SLU substantial latitude to levy any punishment it sees fit regardless of the facts of the situation. 

Edit:  Notwithstanding the ridiculous and poorly drafted misconduct policy, I suspect the accusers likely said that they couldn't give effective consent because they were (a) incapacitated and/or (b) forced/coerced/intimidated (you know, because big black dudes are really scary). 

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-I posted yesterday how bizarre this entire deal is, I didn't expect a statement  from an attorney of one of the girls to undercut their own position

-are we sure this attorney doesn't work for SLU? T9 Office? tell me if I am missing something but what a bungle they seem to have created with this statement

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5 minutes ago, Billiken Rich said:

I don't know.  To a full boat, social justice warrior, wouldn't being African American be almost a mitigating factor?  

To a SJW...

The concept of protecting African Americans as a group is very noble and should always be done.

Dealing with a black person individually is very scary and intimidating and the black person should know how scary they are and work to not make those around them uncomfortable.

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1 minute ago, moytoy12 said:

This section (and the policy in general) is so poorly drafted, I can't believe that any worthwhile attorney participated in the creation of this document.  The poor drafting does serve the purpose of providing SLU substantial latitude to levy any punishment it sees fit regardless of the facts of the situation. 

-what do you expect? it took them two years to draft it

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