Illinois' Shannon charged with Rape

Donate To GopherHole



will be hard to cover this one up since it was in lawrence kansas
 





From what I've read on Illinois message boards. . .
It sounds like Illinois has known about the allegation for several months and potentially conducted their own internal investigation. It sounds like the victim came forward Now, they probably did not have all of the evidence available to them and the victim likely did not cooperate (if I were her lawyer, I would advise against it). It'll be interesting to see if there is some new evidence between that has been made available since September or if it was just a timing thing for the victim and/or DA.

However this plays out, it's a gut wrenching story.
 




Bob_Loblaw said:
From what I've read on Illinois message boards. . .
It sounds like Illinois has known about the allegation for several months and potentially conducted their own internal investigation. It sounds like the victim came forward Now, they probably did not have all of the evidence available to them and the victim likely did not cooperate (if I were her lawyer, I would advise against it). It'll be interesting to see if there is some new evidence between that has been made available since September or if it was just a timing thing for the victim and/or DA.

However this plays out, it's a gut wrenching story.
Click to expand...
Statement by Illinois on SI.com said they were made aware of the investigation in late September but did not have “actionable information” at the time. The arrest put into effect the protocols for allegations. It mentions nothing about an internal investigation. Also went out of their way to indicate that he wasn’t doing anything as part of Illinois and it was a strictly personal trip to Lawrence for the football game. Sounds like fine tooth combed by lawyers.

Not sure what standard protocols are in this, but I would think the university would not conduct it’s own investigation simultaneously with law enforcement.
 



Bob_Loblaw said:
I understood what you meant, there are just people on Gopherhole that have a really hard time "if" statements.
Click to expand...
apparently I'm one of those. too funny. with my fading reading vision, i read it as "Not in jail" instead of the typed "Rot in jail". rot in jail makes a lot more sense

iirc, it was about 7 months from charges to acquittal for Mitch Lee. It will likely be months for this to play out - so i doubt we see Shannon this season.
 




CPTMidnight said:
Shannon files restraining order asking a Judge to force Illinois to reinstate him to the team.

CBS Sports
Click to expand...
From the story:

A copy of the sworn affidavit filed by the Lawrence Police Department accuses Shannon of sexually assaulting a woman while on a campus bar in Lawrence, Kansas, on the night of Sept. 8. The woman consented to a sexual assault examination at a local hospital the next day and reported the incident to authorities.
Click to expand...
Why would it take this long before anything happened? Did new evidence appear that wasn't there in September and months after? I know investigations can take awhile but it doesn't seem like it would be an extremely difficult investigation.
 

Sports are a privilege not a right, I don't see how the restraining order goes his way.
 

So, let’s say the Illinois administration - privately - believes Shannon is innocent and/or would like him back on the team. It would be a brilliant move to be publicly saying all the right things about the seriousness of the allegations and due process for the accused … and then not follow the proper procedures that would allow Shannon’s attorneys to seek and receive an injunction. Oops, I guess we have to let him play.
 

formerlybis said:
So, let’s say the Illinois administration - privately - believes Shannon is innocent and/or would like him back on the team. It would be a brilliant move to be publicly saying all the right things about the seriousness of the allegations and due process for the accused … and then not follow the proper procedures that would allow Shannon’s attorneys to seek and receive an injunction. Oops, I guess we have to let him play.
Click to expand...
I don't think there is a singular group. But I am sure there are people within Illinois that believe him and are rooting on the injunction.
 

Criminal charges have been brought. He will either plea deal or he will have his time in court to defend himself.

How has due process been withheld?

Because he wasn’t in court the next week? Well …. don’t do a thing that someone considers such a violation that they go to the police on you and then the police collect enough evidence to support charges being brought.


It’s one thing if no charges ever even brought. But if there are charges to a serious crime, I don’t see why the school shouldn’t have the right to suspend you from the team until you’re cleared.

Sure charges can be bogus. But I think we have to be able to trust the criminal justice system as the standard.
 

jovs said:
Sports are a privilege not a right, I don't see how the restraining order goes his way.
Click to expand...
I'm sure he's making a due process argument and that protects against more than just rights. I don't think he wins but the due process clause protects from government takings of liberty and property as well.

It does beg an interesting question, what kind of process, if any, is due (appropriate) for a government entity to remove a player from a team?
 

Sure.

If it’s a sinister thing of where the prosecution knows they probably won’t win the court case but they can make this guy’s life as miserable as possible by stringing out when he can get into court for as long as possible, then fine.

How do you prove that?

And that said, I doubt it’s that. I think getting into court just takes a really long time.
 

Bob_Loblaw said:
I'm sure he's making a due process argument and that protects against more than just rights. I don't think he wins but the due process clause protects from government takings of liberty and property as well.

It does beg an interesting question, what kind of process, if any, is due (appropriate) for a government entity to remove a player from a team?
Click to expand...
Could it be argued it's more than just being on the team, possibly NIL money involved, harming his ability to earn income in the future, etc?
 

Bob_Loblaw said:
I'm sure he's making a due process argument and that protects against more than just rights. I don't think he wins but the due process clause protects from government takings of liberty and property as well.

It does beg an interesting question, what kind of process, if any, is due (appropriate) for a government entity to remove a player from a team?
Click to expand...
The government entity didn’t keep him from playing. The university did. Are you calling Illinois a government entity?
 

If you are charged with a serious crime, even if there is no other student at that school who is a victim, can they expel you just for that?

If he had been accused by an Illinois student, then you’d see the Title IX/EOAA type investigation and ruling. But the alleged victim here did not attend the U of Illinois.

Interesting legal/technical difference from what is usually the case with these things.
 

Bob_Loblaw said:
I'm sure he's making a due process argument and that protects against more than just rights. I don't think he wins but the due process clause protects from government takings of liberty and property as well.

It does beg an interesting question, what kind of process, if any, is due (appropriate) for a government entity to remove a player from a team?
Click to expand...
Wonder if he's still getting his scholarship, NIL and meal money. If so, don't see him winning his argument.
 

MplsGopher said:
If you are charged with a serious crime, even if there is no other student at that school who is a victim, can they expel you just for that?

If he had been accused by an Illinois student, then you’d see the Title IX/EOAA type investigation and ruling. But the alleged victim here did not attend the U of Illinois.

Interesting legal/technical difference from what is usually the case with these things.
Click to expand...
Is he expelled or just off the team?
 

Holy Man said:
The government entity didn’t keep him from playing. The university did. Are you calling Illinois a government entity?
Click to expand...
I hope someone answers you. Because UI and U of M are "public" universities, I think they are considered part of the government, but clearly they are managed separately than, say, the Department of Revenue. I'm 70% sure that employees of the U of M are state employees. Good question.
 

formerlybis said:
I hope someone answers you. Because UI and U of M are "public" universities, I think they are considered part of the government, but clearly they are managed separately than, say, the Department of Revenue. I'm 70% sure that employees of the U of M are state employees. Good question.
Click to expand...
The use of the term government in what I was responding to seemed to imply the prosecution and law enforcement in Lawrence, but I wasn’t sure. I don’t think it’s law enforcement taking his “right “ to play, but the university. I agree that public institutions are funded by the government, but I don’t think most of us think U of M when we say “government.” I also don’t think Illinois has any obligation to allow him to play.
 

I have never heard anyone argue a public university is part of the government. That makes zero sense.

And there is no rule that says U of I has to allow him to play basketball anyways, let alone when he is being charged with a crime.
 

TNGophfan said:
Wonder if he's still getting his scholarship, NIL and meal money. If so, don't see him winning his argument.
Click to expand...
If they took the scholarship/meal money, they'd absolutely need to give him some sort of hearing. That's why these Title IX offices always have a kangaroo court they argue is the requisite amount of process required by the due process clause.

As far as NIL, that's more complicated because the government/school could argue they aren't taking that away. It would be interesting because you'd get to that argument about how closely associated NIL collectives are to the school.
 

You must log in or register to reply here.



Top Bottom