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TSJ suspended charged with rape

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illiniray

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Re: TSJ suspended charged with rape
« Reply #600 on: January 23, 2024, 03:36:28 PM »
Quote from: ThePAMan on January 23, 2024, 02:55:43 PM
Nichi, they have a policy. They failed to follow it. Look at the ROTC kid at Purdue. It is the case she relied upon.

I understand all that. I agree with most of your logic. There is still no general right to play college basketball. That is something that is earned.

Shannon's lawyers made a case that once earned, it can become both a property and liberty interest. Not their exact words, but the gist.
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ThePAMan

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Re: TSJ suspended charged with rape
« Reply #601 on: January 23, 2024, 03:48:17 PM »
Quote from: illiniray on January 23, 2024, 03:36:28 PM
I understand all that. I agree with most of your logic. There is still no general right to play college basketball. That is something that is earned.

Shannon's lawyers made a case that once earned, it can become both a property and liberty interest. Not their exact words, but the gist.

Didn't he sign a scholarship contract to play basketball? Yes.

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Plaintiff also invokes his scholarship contract, which Illinois may not terminate unless Plaintiff is convicted of a crime involving sexual misconduct, pleads guilty or no contest to such a crime, or is found responsible for the same by a “formal disciplinary action,” none of which has happened. (Id. at 10).

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Alternatively, Count II seeks declaratory and injunctive relief against Illinois under Plaintiff’s scholarship contract. (Id. at 26-29).

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Because this is in the higher education context, however, “any property interest is a matter of contract between the student and the university.” Purdue University, 928 F.3d at 659 (citing Bissessur v. Ind. Univ. Bd. Of Trs., 581 F.3d 599, 601 (7th Cir. 2009)). Therefore, to demonstrate that he possesses the requisite property interest, a student must “do more than show he has a contract with the university; he must establish that the contract entitled him to a specific right that the university allegedly took.” Id.

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Contracts between universities and students can come from a variety of sources. Gociman v. Loyola University of Chicago, 41 F.4th 873, 883 (7th Cir. 2022). The relevant sources include student catalogs, policies, bulletins, and other publications. Id. For example, in Stiles v. Brown, No. 1:21-cv-00497 (D. R.I. January 25, 2022), a student sought a preliminary injunction after he was accused of sexual assault, and the university subsequently suspended the student from sports and school prior to completing its Title IX investigation. (Doc. 11-1 at 53.) The court analyzed the student’s request for a preliminary injunction under a contract theory and found that the student policy imposed terms on the university including the presumption of innocence, meaningful participation in the process, and the opportunity to submit a “relevant response.” (Id. at 55.) The district court granted the player a preliminary injunction, enjoining the university from continuing the suspension after finding that the student was likely to succeed on his claim. (Id. at 58.) The district court emphasized that “the university has failed to meet [the student’s] reasonable expectations” of the terms of the relevant contract. (alterations in original).

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Plaintiff has, therefore, demonstrated some likelihood of success that his reliance on these contractual terms created a legitimate claim of entitlement to not be suspended from the team without good cause. See, e.g., Radwan v. Manuel, 55 F.4th 101, 126 (finding a property interest in a student-athlete’s athletic scholarship where she demonstrated a reliance and dependence on her contractual terms).
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illiniray

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Re: TSJ suspended charged with rape
« Reply #602 on: January 23, 2024, 03:59:48 PM »
Yes. The property interest was acquired. Not inherent.
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Custard

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Re: TSJ suspended charged with rape
« Reply #603 on: January 23, 2024, 04:15:16 PM »
Brad Underwood, unless he’s insane, is 100% going to defer to his bosses in regards to playing Shannon.
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ThePAMan

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Re: TSJ suspended charged with rape
« Reply #604 on: January 23, 2024, 04:27:49 PM »
Quote from: illiniray on January 23, 2024, 03:59:48 PM
Yes. The property interest was acquired. Not inherent.

Ok. It was acquired before he showed up (unless he signed after enrolling). Not even you have an inherent interest to play for the Illini. It is not in the Bill of Rights or amendments to the US Constitution.
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ThePAMan

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Re: TSJ suspended charged with rape
« Reply #605 on: January 23, 2024, 04:28:19 PM »
Quote from: Custard on January 23, 2024, 04:15:16 PM
Brad Underwood, unless he’s insane, is 100% going to defer to his bosses in regards to playing Shannon.

Maybe he would fight the judge behind the Springfield Pizza Hut.
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Jobu

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Re: TSJ suspended charged with rape
« Reply #606 on: January 23, 2024, 04:35:30 PM »
Quote from: ThePAMan on January 23, 2024, 04:28:19 PM
Maybe he would fight the judge behind the Springfield Pizza Hut.

I bet he would. I wanted him to beat the shit out of Mark Smith.
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Miles Leonard

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Re: TSJ suspended charged with rape
« Reply #607 on: January 23, 2024, 04:54:34 PM »
Quote from: Jobu on January 23, 2024, 04:35:30 PM
I bet he would. I wanted him to beat the shit out of Mark Smith.

The treadmill took care of that
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Custard

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Re: TSJ suspended charged with rape
« Reply #608 on: January 23, 2024, 05:21:51 PM »
Edwardsville judge has retroactively granted Mark Smith 3-5 more minutes effective immediately.
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Judge Judy

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Re: TSJ suspended charged with rape
« Reply #609 on: January 23, 2024, 05:24:54 PM »
Quote from: Custard on January 23, 2024, 05:21:51 PM
Edwardsville judge has retroactively granted Mark Smith 3-5 more minutes effective immediately.

I wouldn’t be surprised if he didn’t though…
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illinicalvin

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Re: TSJ suspended charged with rape
« Reply #610 on: January 23, 2024, 10:11:24 PM »
Quote from: ThePAMan on January 23, 2024, 02:41:35 PM
How about instead of blaming a federal court judge, how about this? If you are going to discipline him, how about following your own fucking policies. It really is not that tough, except for the people in Champaign, apparently.
Not every violation of a policy is capable of remediation or necessarily should be remedied.
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Custard

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Re: TSJ suspended charged with rape
« Reply #611 on: January 23, 2024, 10:16:35 PM »
Apparently the first hearing has been pushed back to May.
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ThePAMan

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Re: TSJ suspended charged with rape
« Reply #612 on: January 23, 2024, 11:16:47 PM »
Quote from: illinicalvin on January 23, 2024, 10:11:24 PM
Not every violation of a policy is capable of remediation or necessarily should be remedied.

Apparently procedural due process violations can be remedied.
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ILLINICHIEF

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Re: TSJ suspended charged with rape
« Reply #613 on: January 23, 2024, 11:17:48 PM »
Quote from: Custard on January 23, 2024, 10:16:35 PM
Apparently the first hearing has been pushed back to May.

Works for the season and TSJ draft chances.
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Miles Leonard

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Re: TSJ suspended charged with rape
« Reply #614 on: January 23, 2024, 11:49:01 PM »
Quote from: Custard on January 23, 2024, 10:16:35 PM
Apparently the first hearing has been pushed back to May.

Just more confirmation that he'll be with us the rest of the year
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