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re: The Urban Meyer Situation is NOT a Title IX Issue

Posted on 8/3/18 at 7:12 am to
Posted by MidnightVibe
Member since Feb 2015
7885 posts
Posted on 8/3/18 at 7:12 am to
quote:

McIntyre case was about negligence. The Meyer issue is about getting fired.


The negligence was premised on a violation of the title ix.

Keep up.
Posted by MidnightVibe
Member since Feb 2015
7885 posts
Posted on 8/3/18 at 7:19 am to
quote:

The Sexual Misconduct policy at tOSU is broadened to include sexual assault, sexual harassment, and relationship violence. That policy was put into place so that the university was compliant under a Title IX. What you have cited directly from the federal statute is a bare bones minimum. Over the years more and more things have been shoved under a Title IX umbrella and it is not exclusive to equality in women’s athletics. That’s what most assume it addresses but in reality it goes much, much farther than that.


That's fine, but the university's sexual misconduct policy doesn't change what the law is, regardless of what office maintains it. If it said that reporting must be done while simultaneously doing the hokie pokie, would a judge, in view of that, conclude that title ix requires reporting while shaking your left leg all about?
Posted by slackster
Houston
Member since Mar 2009
84782 posts
Posted on 8/3/18 at 7:24 am to
quote:

The Urban Meyer Situation is NOT a Title IX Issue


Kinda. Assuming he knew and didn't report it, it's a blatant violation of a university policy (a policy designed to determine whether or not something is a Title IX violation) that couldn't have been more clear about what he was supposed to do. Violating University policy is grounds for termination with cause under the contract he had in 2015 as well.

Ultimately the policy is in place so the university is able to determine whether or not something is a Title IX violation. It's not something Urban or anyone else involved is supposed to determine themselves.
Posted by slackster
Houston
Member since Mar 2009
84782 posts
Posted on 8/3/18 at 7:26 am to
quote:

The negligence was premised on a violation of the title ix.

Keep up.


And MacIntyre was forced to donate $100k to a non profit, as was the AD, and the chancellor was suspended for 10 days without pay - all for not violating title IX.

All of that in a case where MacIntyre actually reported it to the AD. If Urban sat on it, it's not good.
This post was edited on 8/3/18 at 7:53 am
Posted by baldona
Florida
Member since Feb 2016
20438 posts
Posted on 8/3/18 at 7:37 am to
The issue they are dealing with is the not reporting. They can't set a precedent that it only applies to certain people, or they will be set up for all sort of liability not to mention the SJW's will go nuts. I honestly haven't even seen much chatter from them yet, it's been mostly opposing fans so far.

Title IX or not, I think it's laughable anyone thinks Smith should have been a football coach for that long. If for any other reason him and his wife are both bat shite crazy and itnwas going to end extremely poorly at some point.

I'm betting there will be 2-3 times more crazy stories come to light over the weekend.
Posted by MidnightVibe
Member since Feb 2015
7885 posts
Posted on 8/3/18 at 7:40 am to
quote:

If Urban sat on it, it's not good.



But it's not a Title IX issue.
Posted by MidnightVibe
Member since Feb 2015
7885 posts
Posted on 8/3/18 at 7:44 am to
quote:

Kinda. Assuming he knew and didn't report it, it's a blatant violation of a university policy (a policy designed to determine whether or not something is a Title IX violation) that couldn't have been more clear about what he was supposed to do.


But as I explained to someone else, university policy does not inform federal law.

quote:

Ultimately the policy is in place so the university is able to determine whether or not something is a Title IX violation.


But it doesn't change the fact that this wasn't.
Posted by slackster
Houston
Member since Mar 2009
84782 posts
Posted on 8/3/18 at 7:52 am to
quote:

But as I explained to someone else, university policy does not inform federal law.


Kinda. Part of the requirements of Title IX and OSU's agreement with the US DoE's Office of Civil Rights in 2014 is a written policy that is enforced across the university. Not reporting this situation is clearly a violation of that policy.

Now, that policy doesn't require termination to be the punishment, but the university has an obligation to make sure violations like this are fixed and avoided in the future.

So, the incident of abuse isn't a Title IX violation, but not reporting it and getting off without any reprimand could be. I know that sounds dumb, but it's true.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 8/3/18 at 8:17 am to
Midnight, the clause in Meyer’s current contract specifically stipulates “may have taken place” I’d say that’s pretty damn retroactive and OSU would have an argument IK im interpreting the language very broadly but it’s not black and white, words matter
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35521 posts
Posted on 8/3/18 at 8:23 am to
Now that the first day feeding frenzy is over a lot of people are questioning not only if Title IX applies but what Courtney Smith’s motives are. It would seem that her ex-husband losing his job will affect her financially and there may be a money grab going on. The fall guy she’s pointing at happens to be the richest guy in the room.

I do not support Zach Smith in any way and abhor domestic violence. He sure does seem eager to have his day in court though.
This post was edited on 8/3/18 at 8:27 am
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35521 posts
Posted on 8/3/18 at 8:25 am to
If it wasn’t reported to the university then why did an attorney that represents the university reach out to Courtney Smith’s attorney in 2015?
Posted by lsupride87
Member since Dec 2007
95041 posts
Posted on 8/3/18 at 8:43 am to
The university knew. I think that seems pretty clear at this point
Posted by USMC_ Skeeter
Oakdale
Member since Apr 2013
879 posts
Posted on 8/3/18 at 8:44 am to
One of them beat you in a NCG...
Posted by slackster
Houston
Member since Mar 2009
84782 posts
Posted on 8/3/18 at 8:58 am to
quote:


If it wasn’t reported to the university then why did an attorney that represents the university reach out to Courtney Smith’s attorney in 2015?


They may have. Makes no sense why Urban would deny it then, but they may have.
Posted by VABuckeye
Naples, FL
Member since Dec 2007
35521 posts
Posted on 8/3/18 at 9:24 am to
I agree that his denial makes zero sense. An off the cuff response to an unexpected question? Which he should have been expecting given the firing was a day or so before.
Posted by slackster
Houston
Member since Mar 2009
84782 posts
Posted on 8/3/18 at 9:28 am to
quote:

agree that his denial makes zero sense. An off the cuff response to an unexpected question? Which he should have been expecting given the firing was a day or so before.


Yeah, but he responded to the 2009 incident, which just makes no sense.

Idk, the whole thing is so damn easy to avoid - email to HR and you're good.
Posted by DisplacedBuckeye
Member since Dec 2013
71540 posts
Posted on 8/3/18 at 9:38 am to
quote:

Kinda.


No, not kinda. It just isn't.
Posted by DisplacedBuckeye
Member since Dec 2013
71540 posts
Posted on 8/3/18 at 9:39 am to
quote:

One of them beat you in a NCG...


I've never played in a NCG...

..
Posted by DisplacedBuckeye
Member since Dec 2013
71540 posts
Posted on 8/3/18 at 9:41 am to
quote:

Idk, the whole thing is so damn easy to avoid - email to HR and you're good.


Email what to HR?
Posted by Dalosaqy
I can't quite re
Member since Dec 2007
12304 posts
Posted on 8/3/18 at 9:44 am to
quote:

MidnightVibe

Oh look, another complete dumbfrick.

quote:

Sexual Misconduct Policy (including, but not limited to, sexual harassment, sexual assault, sexual exploitation, intimate violence and stalking) that involve any student, faculty, or staff
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