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Montana QB receives settlement for university’s unfair rape investigation

Posted on 2/18/16 at 2:23 pm
Posted by BeYou
DFW
Member since Oct 2012
6037 posts
Posted on 2/18/16 at 2:23 pm
LINK

Tough story but another example of why schools shouldn't be in the business of investigating crimes.

Male students across the nation are suing schools for unfair and bias handling of investigations in which they are presumed guilty until proven otherwise.

Tough situation for all, especially victims that have actually been assaulted, but hopefully a solution can be found soon.
Posted by BilJ
Member since Sep 2003
162309 posts
Posted on 2/18/16 at 2:29 pm to
quote:

Baylor Fan



quote:

r example of why schools shouldn't be in the business of investigating crimes.



you don't say....
Posted by shel311
McKinney, Texas
Member since Aug 2004
112665 posts
Posted on 2/18/16 at 2:31 pm to
quote:

you don't say....
I'm sure he has extra motivation to think that and is probably not the right messenger for that comment, but it's certainly accurate.
Posted by WestCoastAg
Member since Oct 2012
149568 posts
Posted on 2/18/16 at 2:32 pm to
quote:

he has extra motivation to think that
Posted by BeYou
DFW
Member since Oct 2012
6037 posts
Posted on 2/18/16 at 2:32 pm to
quote:

you don't say....


I'll be the first to admit that the school handled it poorly. They should of helped the victim and I am embarrassed the way the school handled it. A young girl had her life ruined by a TPOS. Just hoping some serious reform can come from the internal investigation being performed.

with that said, I also don't think the school should be handling investigations like this at all. You are asking a school to investigate a serious crime without any power. There is a reason that so many schools screw up these investigations.

Schools have become so scared of poorly performing investigations that they have started to take the position of guilty until proven innocent.
This post was edited on 2/18/16 at 2:35 pm
Posted by BilJ
Member since Sep 2003
162309 posts
Posted on 2/18/16 at 2:34 pm to
Sure...but turning a blind eye to it probably isn't the answer either I reckon.
This post was edited on 2/18/16 at 2:34 pm
Posted by BeYou
DFW
Member since Oct 2012
6037 posts
Posted on 2/18/16 at 2:37 pm to
quote:

Sure...but turning a blind eye to it probably isn't the answer either I reckon.


This is true. It's a tough spot.

The question is how do we find a medium in which the victim can feel protected from the accused and seek justice. At the same time, not violating the rights of the male. The smaller the campus, the more difficult this becomes IMO.
This post was edited on 2/18/16 at 2:38 pm
Posted by Scruffy
Kansas City
Member since Jul 2011
76615 posts
Posted on 2/18/16 at 2:41 pm to
quote:

The question is how do we find a medium in which the victim can feel protected from the accused and seek justice.
Have criminal matters handled by public criminal courts. I question the validity of a claim when a person refuses to seek retribution through the criminal justice system.
Posted by Chocolate and Cherry
Member since Feb 2016
27 posts
Posted on 2/18/16 at 2:51 pm to
There is a special place in hell for females who falsely accuse males of rape and also those administrators who allow the witch hunt to ensue.

frick all of them.
Posted by molsusports
Member since Jul 2004
37221 posts
Posted on 2/18/16 at 3:08 pm to
quote:

turning a blind eye to it probably isn't the answer either I reckon.



If anyone proposed that I missed that little gem. I think what should happen is what normally should happen - due process.

No shaming of alleged victims. No shaming of alleged rapists. Due Process.

Probably owing to the perception that rape on college campuses is rampant (the data for which are very bad btw) - the present administration has informed universities that in order to be in compliance with Title 9 they have to be very aggressive about defending the rights of rape victims.

That would be great if it weren't for the whole innocent until proven guilty part of our legal tradition. Protecting the victim should mean both the potential victim of violence and the potential victim of false accusation.
Posted by BeYou
DFW
Member since Oct 2012
6037 posts
Posted on 2/18/16 at 3:15 pm to
quote:

No shaming of alleged victims. No shaming of alleged rapists. Due Process.



Agree. The problem is that this course of action takes time. Then universities are accused of harboring rapists and allowing for this conduct to take place while the criminal portion makes it way through the legal system.
Posted by elprez00
Hammond, LA
Member since Sep 2011
31364 posts
Posted on 2/18/16 at 3:29 pm to
Solution: Make it a felony for women that falsely accuse men of rape. Make them go to jail.

Then, women will think twice about pulling the rape card against some dude they are embarrassed that they gave a quickie to behind a dumpster.

Also, it will remove some of the stigma against women that do come forward, because they know there are consequences if they are lying.

You're welcome.
This post was edited on 2/18/16 at 3:32 pm
Posted by molsusports
Member since Jul 2004
37221 posts
Posted on 2/18/16 at 3:43 pm to
quote:

No shaming of alleged victims. No shaming of alleged rapists. Due Process.


Agree. The problem is that this course of action takes time. Then universities are accused of harboring rapists and allowing for this conduct to take place while the criminal portion makes it way through the legal system.



In the past some universities concealed rape cases out of a concern for the reputation of the university. In those cases IMO the rights of the victim were clearly violated and the university was a party to the perpetuation of additional sex crimes.

Having said that, the pendulum seems to have abruptly swung way too far in the other direction. If there is enough evidence to charge a student with rape the university should be able to enforce a temporary leave of absence. If that case leads to conviction then a dismissal of the student is called for... but we have far more than that now.

There seem to be a variety of poorly substantiated allegations against male students (some of which can be outright proven as false) that are leading to a smearing of the reputation, dismissal from school, and potentially loss of similar life outcomes for the forseeable future.

Although it would lead to howls of outrage from some I think dismissal of false accusers should also be standard procedure for the university. The standard of proof for that should be quite high but trying to ruin someone's reputation, destroy their future, and potentially put them in jail is a pretty serious thing.
Posted by mizzoubuckeyeiowa
Member since Nov 2015
39117 posts
Posted on 2/18/16 at 3:45 pm to
Years ago at some college (forgot which one) a student women's rights group posted fliers around campus with pictures of male students they randomly cut out from the yearbook...with the slogan..."at least 5 of these guys will be sure to rape you."

The school did nothing and I think they were eventually sued.

Students go to college to build a resume and reputation for employment, schools should be more cognizant of the repercussions of defamation...legally and morally.

Accusations need to be taken seriously but that's why we have a criminal system...and colleges aren't in that business.
Posted by Kracka
Lafayette, Louisiana
Member since Aug 2004
42148 posts
Posted on 2/18/16 at 4:11 pm to
quote:

Male students across the nation are suing schools for unfair and bias handling of investigations in which they are presumed guilty until proven otherwise.


I would go so far as to say they aren't even given a proper chance to prove they are innocent.
Posted by SG_Geaux
Beautiful St George, LA
Member since Aug 2004
80564 posts
Posted on 2/18/16 at 4:12 pm to
quote:

I question the validity of a claim when a person refuses to seek retribution through the criminal justice system.
Posted by JabarkusRussell
Member since Jul 2009
15825 posts
Posted on 2/18/16 at 6:42 pm to
quote:

Montana QB


Joe Montana did what now?
This post was edited on 2/18/16 at 6:43 pm
Posted by slackster
Houston
Member since Mar 2009
91399 posts
Posted on 2/18/16 at 8:02 pm to
quote:

Have criminal matters handled by public criminal courts. I question the validity of a claim when a person refuses to seek retribution through the criminal justice system.


I agree with you about 99.5% of the time, but in a high profile case (not this one) where the accused is a major star and/or has a significant income/net worth, I can't blame someone for going after them in a civil suit as well.

Nothing is going to make the rape go away, but I won't fault someone who would rather have $2M as a result.

To be clear, I think the criminal system is the first route that should be pursued.
Posted by slackster
Houston
Member since Mar 2009
91399 posts
Posted on 2/18/16 at 8:03 pm to
quote:

Joe Montana did what now?


I had a moment where I read it that way as well.

I thought jeez, first the 2nd GOAT QB earlier this week and now the 3rd GOAT? Brady should watch out.
Posted by AlonsoWDC
Memphis, where it ain't Ten-a-Key
Member since Aug 2014
9269 posts
Posted on 2/19/16 at 3:10 am to
This thread is Baylor AF.
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