The DIA’s policy had been deployed regularly and its authority never challenged. Then along comes a star NIL athlete who has the means and community support to retain multiple good attorneys. Those attorneys then find a legal loophole and get TSJ back on the floor NOW, AND give the UI plausible deniability. Naturally The PAMan is MAD ABOUT IT.
Had he been put in OSCR from the get go he’d almost certainly be gone until legal resolution occurred and never play here again. Those wishing for OSCR to have been in play are de facto rooting for never seeing TSJ play for UI again barring dropping of charges.
At least with the DIA’s three person panel there was a chance he could come back without legal resolution.
Why do I have the feeling that if the UI had an ironclad policy in place to keep TSJ off the floor and avoid all this drama that ThePAMan would be bitching about how we are small potatoes and actual big time schools would have found a way to keep their best players on the court?
If they are going to do it, do it right. My bitch was that Guenther Jr. was full of shit in the press conference while you, and others, were impressed with him and it. Judge just ruled he was full of shit. The lawyers did not find a "loophole." DIA, and the university, just fucked it up royal by not following the university's policies.
If you read the opinion, the judge, pp.23-24, noted that the university's policies for handling these types of claims outside of Title IX were to be followed as part of the DIA process that was explained by Guenther Jr. in the press conference.
"The sensible reading of this means that the OSCR policy—which outlines the
University’s regulations for handling allegations of student sexual misconduct—would
apply prior to the DIA’s interim suspension."
Pp 28-30, she notes the Purdue case, where the ROTC guy was provided notice of the allegations against him but not provided any evidence supporting the allegations.
"Of particular concern to the [Seventh Circuit Court of Appeals]
was the fact that the committee found the complainant more credible than the plaintiff in
a case that “boiled down to a he said/she said” without ever receiving a statement written
by the complainant herself, much less a sworn statement, or asking the complainant any
questions during the investigation. Id. at 664. The Seventh Circuit reasonably questioned
how the committee could have conducted an evaluation of credibility under those
circumstances.
The same holds true in this case...."
"Just as in Purdue, Plaintiff was given notice and the opportunity to submit evidence
but only in the form of a written statement and documents. He was unaware of the
alleged victim’s identity and there is no indication that he was given an opportunity to
view the evidence against him. In reliance on the DIA policy, the conduct panel did not
investigate the alleged offense, consider a written statement by the complainant, or have
the ability to weigh the credibility of evidence in light of the nature of the allegation.
Plaintiff was not allowed in the hearing and no recording or transcript of the proceeding
was provided to him. The conduct panel is not required to submit a written decision or
findings of fact for Plaintiff to ascertain the basis for the interim decision, and there is no
avenue to appeal an interim decision.
Conversely, the procedural safeguards awarded to Plaintiff under the OSCR
policy do not appear fundamentally unfair as written. The policy provides adequate
safeguards through detailed notice, levels of review, an actual investigation, disclosure
of evidence, witness participation, a defined burden of proof, and a written decision."
At the end, p.30, "Defendants are enjoined from suspending Plaintiff from the basketball team without at least affording him the protections of the OSCR Policy."
Nothing stopping them from going back and doing this right, instead of whatever shortcut process Gunther Jr. cooked up here.
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