This whole situation is now a clusterfck and has been poorly managed by the DA, and the UI.
No, I don't think on face value of there being felony rape charges filed he should be playing and representing UI publicly.
Obviously many disagree.
I have no opinion of the ultimate validity of the charges and except for the self anointed Cousin Vinnie's here-neither do any of us.
I would like to know if any of you work anywhere on planet earth, especially where the relationship with and perception of the public was central, where you would not be on leave with pay right now, at a minimum, until it is resolved.
That said, I am not sure that the prelim hearing being delayed until May is a positive. The draft is in June.
If this is not resolved in his favor by then he will still be in same situation as he is now.
As much as people wish to think that what UI does with him matters- the legal process is the primary determining factor for his career.
And even then his life isn't ruined as people claim if he has to go the FA route later assuming he is cleared of felony charges.
If the employer followed the Title VII guidelines, it would be fine. If not....
https://www.eeoc.gov/laws/guidance/enforcement-guidance-consideration-arrest-and-conviction-records-employment-decisionsThe fact of an arrest does not establish that criminal conduct has occurred.101 Arrests are not proof of criminal conduct. Many arrests do not result in criminal charges, or the charges are dismissed.102 Even if an individual is charged and subsequently prosecuted, he is presumed innocent unless proven guilty.103
An arrest, however, may in some circumstances trigger an inquiry into whether the conduct underlying the arrest justifies an adverse employment action. Title VII calls for a fact-based analysis to determine if an exclusionary policy or practice is job related and consistent with business necessity. Therefore, an exclusion based on an arrest, in itself, is not job related and consistent with business necessity.
Another reason for employers not to rely on arrest records is that they may not report the final disposition of the arrest (e.g., not prosecuted, convicted, or acquitted). As documented in Section III.A., supra, the DOJ/BJS reported that many arrest records in the FBI's III database and state criminal record repositories are not associated with final dispositions.104 Arrest records also may include inaccuracies or may continue to be reported even if expunged or sealed.105
Example 3: Arrest Record Is Not Grounds for Exclusion. Mervin and Karen, a middle-aged African American couple, are driving to church in a predominantly white town. An officer stops them and interrogates them about their destination. When Mervin becomes annoyed and comments that his offense is simply "driving while Black," the officer arrests him for disorderly conduct. The prosecutor decides not to file charges against Mervin, but the arrest remains in the police department's database and is reported in a background check when Mervin applies with his employer of fifteen years for a promotion to an executive position. The employer's practice is to deny such promotions to individuals with arrest records, even without a conviction, because it views an arrest record as an indicator of untrustworthiness and irresponsibility. If Mervin filed a Title VII charge based on these facts, and disparate impact based on race were established, the EEOC would find reasonable cause to believe that his employer violated Title VII.
Although an arrest record standing alone may not be used to deny an employment opportunity, an employer may make an employment decision based on the conduct underlying the arrest if the conduct makes the individual unfit for the position in question.
The conduct, not the arrest, is relevant for employment purposes.Example 4: Employer's Inquiry into Conduct Underlying Arrest. Andrew, a Latino man, worked as an assistant principal in Elementary School for several years. After several ten and eleven-year-old girls attending the school accused him of touching them inappropriately on the chest, Andrew was arrested and charged with several counts of endangering the welfare of children and sexual abuse. Elementary School has a policy that requires suspension or termination of any employee who the school believes engaged in conduct that impacts the health or safety of the students. After learning of the accusations, the school immediately places Andrew on unpaid administrative leave pending an investigation.
In the course of its investigation, the school provides Andrew a chance to explain the events and circumstances that led to his arrest. Andrew denies the allegations, saying that he may have brushed up against the girls in the crowded hallways or lunchroom, but that he doesn't really remember the incidents and does not have regular contact with any of the girls. The school also talks with the girls, and several of them recount touching in crowded situations. The school does not find Andrew's explanation credible. Based on Andrew's conduct, the school terminates his employment pursuant to its policy.
Andrew challenges the policy as discriminatory under Title VII. He asserts that it has a disparate impact based on national origin and that his employer may not suspend or terminate him based solely on an arrest without a conviction because he is innocent until proven guilty. After confirming that an arrest policy would have a disparate impact based on national origin, the EEOC concludes that no discrimination occurred.
The school's policy is linked to conduct that is relevant to the particular jobs at issue, and the exclusion is made based on descriptions of the underlying conduct, not the fact of the arrest. The Commission finds no reasonable cause to believe Title VII was violated.
(Emphasis added.)
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