Where are the lawsuits?

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diefirma

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Didn't Hutton say he was going to sue everyone? Well... What is he waiting for? Wouldn't a lawsuit before the hearing force the U and the EOAA to make sure the students got a fair hearing? Anyone have any insight as to why lawsuits haven't been filed?
 

diefirma said:
Didn't Hutton say he was going to sue everyone? Well... What is he waiting for? Wouldn't a lawsuit before the hearing force the U and the EOAA to make sure the students got a fair hearing? Anyone have any insight as to why lawsuits haven't been filed?
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I would guess appeals first and lawsuits second.
 

In addition to the lawsuits, I'd like to know when Kaler is getting fired. So many on here think there is no way he survives this. When does it happen???


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It's not checking a box and submitting online. The wheels of justice move slowly.
 



The suspensions already occurred. If the appeals process goes wrong....heads will roll and lawsuits will be filed. I'd guess that Coyle and Kaler will push for lighter sentences. They don't want to end up in court.
 

stocker08 said:
The suspensions already occurred. If the appeals process goes wrong....heads will roll and lawsuits will be filed. I'd guess that Coyle and Kaler will push for lighter sentences. They don't want to end up in court.
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This. They, along with the EOAA need some cover. I look for Kaler to make the appeal board as balanced as possible...thinking the additional five end up with a combination of some being cleared and some just receiving probation.

For completely self-serving and self preservation reasons, Kaler needs both sides to be a little disappointed. My guess is the other five's expulsions are upheld, with law suits to quickly follow. U will settle and pay big $$ to make them go away.
 


Hard to argue you didn't get due process until you ... finish the process.

So yeah they gotta run through all the U's mess until they decide if they want to go further.

I'm not convinced lawsuits are a certainly.
 



With the absolute abandonment of privacy for the 10 players and Kaler calling them rapists, there had better be lawsuits. There is no justifying the leaking of private data and the posting of names and pictures all over the media. Society judged quickly in the kangaroo court. Let the actual legal system fight back and rebuke the vigilantes who have been trying to lynch these kids.
 

Seems to me that rape is a legal definition and all the players were cleared of that. That is a vicious allegation that doesn't go away in a lifetime. Not a lawyer and if I am wrong I would appreciate correction or clarification from one of our fine lawyers.
 


First real opportunity is May. Don't need another lawsuit.
 



diehard said:
Seems to me that rape is a legal definition and all the players were cleared of that. That is a vicious allegation that doesn't go away in a lifetime. Not a lawyer and if I am wrong I would appreciate correction or clarification from one of our fine lawyers.
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Nobody was cleared of anything, there was insufficient admissible evidence to go to trial so the charges were dropped. Cleared would mean they were investigated and evidence was found that they did not commit a crime.
 

Ski U Master said:
Nobody was cleared of anything, there was insufficient admissible evidence to go to trial so the charges were dropped. Cleared would mean they were investigated and evidence was found that they did not commit a crime.
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Legally, were they ever charged?
 

They were cleared of wrongdoing when the DA elected to not press charges or arrest. not a technical term but the reasonable person standard applies. No criminal activity.

The EOAA is not burdened by the need for evidence other than the testimony of the accuser. In addition, the affirmative consent rule makes it impossible to prove one's innocence unless there is video of the encounter and there is verbal consent every step of the way. Silence of the female during sex is not consent.
 

Ski U Master said:
Nobody was cleared of anything, there was insufficient admissible evidence to go to trial so the charges were dropped. Cleared would mean they were investigated and evidence was found that they did not commit a crime.
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What is your definition of "cleared"?

I'm pretty sure "cleared" is not a legal term...
 

It could go in a variety of directions.

As far as the civil liability, the players who choose to sue will do so after the appeals process. You need to come with a calculation of damages and that would be difficult to determine until after we knew where the 10 players are after this whole thing plays out.

As far as Kaler. I don't know if/when he'll be fired. If I was an attorney for the U, I would not push any action on Kaler until well after any lawsuits. It sort of looks like they are admitting fault if they fired Kaler. He left them open for litigation and I have little doubt people are annoyed. Kaler could have gone down the exact path he went down (punished players, replaced coach, etc.) without opening up the U to potential liability. Regardless of where you stand on what played out, "how" it played out was an absolute disaster.

Public sector situations are so different though because they don't have to pay the bill. In the private sector, if someone opened up their mouth at a time that they didn't have to and it cost the owners money, it's a different reaction.
 

Ski U Master said:
Nobody was cleared of anything, there was insufficient admissible evidence to go to trial so the charges were dropped. Cleared would mean they were investigated and evidence was found that they did not commit a crime.
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That is never what anyone means when they say "cleared" in a legal sense.

Courts never prove innocence.

You could argue that they were not "cleared" because they didn't go to trial and were never found "not guilty". Right now, they could still be charged and convicted (jeopardy has not been attached).

However, your definition of "cleared" of a crime is literally NEVER used.
 

Ski U Master said:
Nobody was cleared of anything, there was insufficient admissible evidence to go to trial so the charges were dropped. Cleared would mean they were investigated and evidence was found that they did not commit a crime.
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Charges weren't dropped- they were investigated but never charged.


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Smart thing to do would be to let the appeals process play out first. I dont think he is stupid.


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#coacheslivesmatter
 

A_Slab_of_Bacon said:
Hard to argue you didn't get due process until you ... finish the process.

So yeah they gotta run through all the U's mess until they decide if they want to go further.

I'm not convinced lawsuits are a certainly.
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Can't imagine there won't be, but not convinced they'll be successful. Kaler isn't to be trusted, but a person as self-serving as he is, is very conscious of the wording he is using in front of the press. He has lawyers who are advising him, and one of their main jobs is to keep the U from being sued. He might piss us off, but he ain't attempting to convince GH fanatics.

Key is who leaked the report. My bet would be one of the players or perhaps the woman over a bureaucracy that isn't nearly as naive as a college student. Ya, their pictures have been in the papers and their names are out there. Don't feel like going back and seeing the original statement, but if it was just a statement with the names because they were suspended, that might not be enough if the press then supplied the rest. Kaler uses a word like "victim," but, again, there's going to be a team of high-priced lawyers arguing that's okay if that becomes an issue. Betting on the U lawyers rather than the crack legal minds of GH.
 

Mulligan said:
Can't imagine there won't be, but not convinced they'll be successful. Kaler isn't to be trusted, but a person as self-serving as he is, is very conscious of the wording he is using in front of the press. He has lawyers who are advising him, and one of their main jobs is to keep the U from being sued. He might piss us off, but he ain't attempting to convince GH fanatics.

Key is who leaked the report. My bet would be one of the players or perhaps the woman over a bureaucracy that isn't nearly as naive as a college student. Ya, their pictures have been in the papers and their names are out there. Don't feel like going back and seeing the original statement, but if it was just a statement with the names because they were suspended, that might not be enough if the press then supplied the rest. Kaler uses a word like "victim," but, again, there's going to be a team of high-priced lawyers arguing that's okay if that becomes an issue. Betting on the U lawyers rather than the crack legal minds of GH.
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Doesn't matter if we like Kaler or Coyle or anyone.

If they sue or not will likely be dependant on money / if they think it is worth it.
 

Mulligan said:
Can't imagine there won't be, but not convinced they'll be successful. Kaler isn't to be trusted, but a person as self-serving as he is, is very conscious of the wording he is using in front of the press. He has lawyers who are advising him, and one of their main jobs is to keep the U from being sued. He might piss us off, but he ain't attempting to convince GH fanatics.

Key is who leaked the report. My bet would be one of the players or perhaps the woman over a bureaucracy that isn't nearly as naive as a college student. Ya, their pictures have been in the papers and their names are out there. Don't feel like going back and seeing the original statement, but if it was just a statement with the names because they were suspended, that might not be enough if the press then supplied the rest. Kaler uses a word like "victim," but, again, there's going to be a team of high-priced lawyers arguing that's okay if that becomes an issue. Betting on the U lawyers rather than the crack legal minds of GH.
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Your first paragraph is what you think would be the case.

He either has bad attorneys (certainly a possibility) OR he ignored his attorneys. His interview in the parking lot was a disaster for him. It wasn't because he said things I disagree with, it is because he spoke for people (incorrectly according to the players) and he called the alleged victim a victim of sexual assault. In his position, that was disastrous. Legally.

The players will win but they'll settle with the U.
 

Mulligan said:
Can't imagine there won't be, but not convinced they'll be successful. Kaler isn't to be trusted, but a person as self-serving as he is, is very conscious of the wording he is using in front of the press. He has lawyers who are advising him, and one of their main jobs is to keep the U from being sued. He might piss us off, but he ain't attempting to convince GH fanatics.

Key is who leaked the report. My bet would be one of the players or perhaps the woman over a bureaucracy that isn't nearly as naive as a college student. Ya, their pictures have been in the papers and their names are out there. Don't feel like going back and seeing the original statement, but if it was just a statement with the names because they were suspended, that might not be enough if the press then supplied the rest. Kaler uses a word like "victim," but, again, there's going to be a team of high-priced lawyers arguing that's okay if that becomes an issue. Betting on the U lawyers rather than the crack legal minds of GH.
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I think it would pretty easy for the guys to win a simple defamation claim and sue for emotional damages at having been tagged a rapist/supporter of sexual assault by the EOAA (a group under the branches of the U). Add to that that they were suspended prior to getting information about why (supposedly) and this all spells like on the U would like to keep from becoming public and would look to settle immediately before it becomes an even bigger **** storm
 

Mulligan said:
Can't imagine there won't be, but not convinced they'll be successful. Kaler isn't to be trusted, but a person as self-serving as he is, is very conscious of the wording he is using in front of the press. He has lawyers who are advising him, and one of their main jobs is to keep the U from being sued. He might piss us off, but he ain't attempting to convince GH fanatics.

Key is who leaked the report. My bet would be one of the players or perhaps the woman over a bureaucracy that isn't nearly as naive as a college student. Ya, their pictures have been in the papers and their names are out there. Don't feel like going back and seeing the original statement, but if it was just a statement with the names because they were suspended, that might not be enough if the press then supplied the rest. Kaler uses a word like "victim," but, again, there's going to be a team of high-priced lawyers arguing that's okay if that becomes an issue. Betting on the U lawyers rather than the crack legal minds of GH.
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It's also incredibly unlikely that the players leaked the report. It was a report that made them look worse. It was the school or the girl.
 

Mulligan said:
Can't imagine there won't be, but not convinced they'll be successful. Kaler isn't to be trusted, but a person as self-serving as he is, is very conscious of the wording he is using in front of the press. He has lawyers who are advising him, and one of their main jobs is to keep the U from being sued. He might piss us off, but he ain't attempting to convince GH fanatics.

Key is who leaked the report. My bet would be one of the players or perhaps the woman over a bureaucracy that isn't nearly as naive as a college student. Ya, their pictures have been in the papers and their names are out there. Don't feel like going back and seeing the original statement, but if it was just a statement with the names because they were suspended, that might not be enough if the press then supplied the rest. Kaler uses a word like "victim," but, again, there's going to be a team of high-priced lawyers arguing that's okay if that becomes an issue. Betting on the U lawyers rather than the crack legal minds of GH.
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Pretty sure Kaler will not want to be deposed...can of worms for him...so settlements would be in order.
 

Is there any chance that what happens after the appeals process becomes more than "about money." I'm not trying to stir anything up and have no strong stance to do so. However, we have a situation extremely ripe for those that might want to get behind greater scrutiny of this situation. For example, those that feel the EOAA may be vulnerable and could use it politically to knock their policies and processes back a few notches. There is also the possible racial angle as all those accused are young, black men.
 

Bob_Loblaw said:
Your first paragraph is what you think would be the case.

He either has bad attorneys (certainly a possibility) OR he ignored his attorneys. His interview in the parking lot was a disaster for him. It wasn't because he said things I disagree with, it is because he spoke for people (incorrectly according to the players) and he called the alleged victim a victim of sexual assault. In his position, that was disastrous. Legally.

The players will win but they'll settle with the U.
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I've watched the interview several times, and he never says "victim". He says "victims" twice, and is speaking in generalities, as in, the players are standing up for victims of sexual assault by choosing to end the boycott. He doesn't reference the woman, directly or otherwise, and doesn't call her a victim, directly or implicitly.
 

dpodoll68 said:
I've watched the interview several times, and he never says "victim". He says "victims" twice, and is speaking in generalities, as in, the players are standing up for victims of sexual assault by choosing to end the boycott. He doesn't reference the woman, directly or otherwise, and doesn't call her a victim, directly or implicitly.
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He lumped the alleged victim into the group of sexual assault victims.
 

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