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Message

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

Posted on 8/3/18 at 9:44 am to
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 8/3/18 at 9:44 am to
Just informed myself on the contract’s language against OSU’s sexual misconduct policy and YAH it’s gonna be nearly impossible for OSU to terminate Meyer with cause and not risk a BoC lawsuit, for the reporting requirement to trigger the allegations would have to have occurred on university property or at a university-sponsored event per OSU’s sexual misconduct policy. Also these instances occurred before his new contract so even if the school (foolishly methinks) applies that retroactively for just cause, their argument would be to no legal avail Bc these allegations didn’t occur at the prescribed places per OSU’s sexual misconduct policy.
Posted by starsandstripes
Georgia
Member since Nov 2017
11897 posts
Posted on 8/3/18 at 9:51 am to
quote:

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


This is a whole bunch of stupid right here. The issue with Meyer is compliance with policy / title ix, and a duty to report. Negligence is about a connection between two parties and a duty owed to one by the other. These are separate issues.

Title IX is not about negligence, as seen in the judge's decision where Title IX is not mentioned a single time in explaining the result.

I fine you ten TD credits and 20 mandatory posts on the Poli Board.
Posted by starsandstripes
Georgia
Member since Nov 2017
11897 posts
Posted on 8/3/18 at 10:01 am to
quote:

Just informed myself on the contract’s language against OSU’s sexual misconduct policy and YAH it’s gonna be nearly impossible for OSU to terminate Meyer with cause and not risk a BoC lawsuit, for the reporting requirement to trigger the allegations would have to have occurred on university property or at a university-sponsored event per OSU’s sexual misconduct policy. Also these instances occurred before his new contract so even if the school (foolishly methinks) applies that retroactively for just cause, their argument would be to no legal avail Bc these allegations didn’t occur at the prescribed places per OSU’s sexual misconduct policy.


This doesn't make sense or maybe I'm reading it incorrectly. Are you saying that a duty to report only exist if you are given an allegation while standing on OSU property or at an OSU event?
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 8/3/18 at 10:05 am to
Duty to report on allegations said to have occurred on OSU property or at OSU-sponsored events, sorry for the confusion
Posted by SeeeeK
some where
Member since Sep 2012
28050 posts
Posted on 8/3/18 at 10:05 am to
quote:

Link?


As bad as Pedo st fans and their denials


fricking Big10 is a scumbag conference with scummy Athletic Departments.
Posted by lsupride87
Member since Dec 2007
95111 posts
Posted on 8/3/18 at 10:06 am to
quote:

Are you saying that a duty to report only exist if you are given an allegation while standing on OSU property or at an OSU event?

Yes


That is how Title IX is written I beleive.

So if the policy is written in order to comply with Title IX, then down the rabbit hole we go



Look, i am not going to pretend to be an attorney. But the ones I listened to on ESPN radio yesterday said Urban wont be able to be fired with cause
Posted by MidnightVibe
Member since Feb 2015
7885 posts
Posted on 8/3/18 at 10:55 am to
quote:

This is a whole bunch of stupid right here. The issue with Meyer is compliance with policy / title ix, and a duty to report. Negligence is about a connection between two parties and a duty owed to one by the other. These are separate issues.

Title IX is not about negligence, as seen in the judge's decision where Title IX is not mentioned a single time in explaining the result.


I hate to be a dick and tell you that you have no idea what you're talking about, but you don't.

A negligence action, as a focking prerequisite, requires that there be a duty owed from one party to the other. The lawsuit alleges that the duty arose out of there being a Statutory. Requirement. To. Report. It.

LITERALLY THE EXACT SAME QUESTION LEGALLY! And to reiterate, because you appear to be a smidgeon slow on this, that question is "DOES TITLE IX REQUIRE THE COACHES TO REPORT THIS?"

Did you not focking read the opinion?
This post was edited on 8/3/18 at 11:00 am
Posted by MidnightVibe
Member since Feb 2015
7885 posts
Posted on 8/3/18 at 11:03 am to
quote:

Midnight, the clause in Meyer’s current contract specifically stipulates “may have taken place” I’d say that’s pretty damn retroactive


It's definitely not retroactive. You have one contract in place in 2015. You have another in place in 2018. Contracts, necessarily, are forward looking.

ETA: moreover, if you apply it retroactively, it renders the "promptly" requirement unadherable*. Ands words definitely do matter.

*possibly not a word.
This post was edited on 8/3/18 at 11:06 am
Posted by slackster
Houston
Member since Mar 2009
84784 posts
Posted on 8/3/18 at 11:08 am to
quote:

Email what to HR?


If you become aware of information that would lead a reasonable person to believe that a violation may have occurred, you're supposed to contact/email the Title IX coordinator or contact/email the office of human resources at OSU. That's their policy.
Posted by MidnightVibe
Member since Feb 2015
7885 posts
Posted on 8/3/18 at 11:17 am to
quote:

I do not support Zach Smith in any way


Zach Smith is clearly a piece of shite beyond any reasonable doubt.
Posted by MidnightVibe
Member since Feb 2015
7885 posts
Posted on 8/3/18 at 11:21 am to
quote:

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


You know who is worse than the guy on the message board who can't follow along? The guy on the message board who calls somebody else a dumbfrick in the same post that they demonstrate that they can't follow along.

Bravo.
Posted by slackster
Houston
Member since Mar 2009
84784 posts
Posted on 8/3/18 at 11:31 am to
quote:

Just informed myself on the contract’s language against OSU’s sexual misconduct policy and YAH it’s gonna be nearly impossible for OSU to terminate Meyer with cause and not risk a BoC lawsuit, for the reporting requirement to trigger the allegations would have to have occurred on university property or at a university-sponsored event per OSU’s sexual misconduct policy. Also these instances occurred before his new contract so even if the school (foolishly methinks) applies that retroactively for just cause, their argument would be to no legal avail Bc these allegations didn’t occur at the prescribed places per OSU’s sexual misconduct policy.



None of this is accurate.

First of all, here is Urban's contract in force at the time of the allegations in 2015 - LINK

As you'll note...





Now, what is a university rule? Lucky for us, the contract specifies that too...



So now the question is what was the policy in place in 2015? Well, the Wayback Machine has that archived for us here.

That policy, in effect on 9/1/15, is called the Sexual Misconduct, Sexual Harassment, and Relationship Violence policy. What does it cover?

quote:

I. Scope
A. Medium
1. This policy applies to alleged sexual misconduct in any medium. Sexual misconduct may manifest in many
evolving forms (e.g., physical, verbal, visual, online/electronic/social media, etc.).


But domestic violence isn't "sexual misconduct." Wrong -
quote:

Relationship violence - Dating violence and domestic violence. All such acts of relationship violence are forms of sexual misconduct covered under this policy


But it was off campus, so it doesn't apply. Wrong -

quote:

B. Location
1. This policy applies to alleged sexual misconduct that takes place on university property or at university sponsored
events, regardless of their location.
2. This policy may also apply to alleged sexual misconduct that occur off-campus when the Title IX coordinator
or deputy coordinator determines that the alleged off-campus conduct could reasonably create a hostile
environment.


But it's not Urban's responsibility to report this kind of stuff. Wrong -

quote:

I. Reporting Allegations of Sexual Misconduct
A. A report can be made by any individual who is directly involved in, who observes, or who reasonably believes
that sexual misconduct may have occurred. This includes allegations by third parties against any individual
covered by this policy. Members of the university community have a duty to report such information; see
Employee Duty to Report section above.


What is the "Employee Duty to Report" section?

quote:

B. The following members of the university community have an additional obligation to report incidents of sexual
harassment as well as sexual assault when they become aware of information that would lead a reasonable person
to believe that sexual harassment may have occurred involving anyone covered under this policy. These
individuals must report the incident within five work days of becoming aware of such information:
1. Any human resource professional (HRP);
2. Supervisor, including faculty supervisors and volunteer supervisors;
3. Chair/director; and
4. Faculty member.


Who should Urban report to?

quote:

C. Employees with a duty to report may make such reports in the following formats:
1. To report any information regarding sexual misconduct, contact the Title IX coordinator by emailing
titleix@osu.edu; or
2. To report allegations of employee sexual misconduct, contact the deputy Title IX coordinator in the Office of
Human Resources by calling 614-292-2800 (medical center employees contact 614-293-4988), filing a
Discrimination and Harassment Complaint form; or emailing sexualharassment@osu.edu;


So, if Urban knew and did not report it appropriately, it's POSSIBLE he could be fired with cause.
This post was edited on 8/3/18 at 11:42 am
Posted by DisplacedBuckeye
Member since Dec 2013
71549 posts
Posted on 8/3/18 at 11:34 am to
quote:

As bad as Pedo st fans and their denials


fricking Big10 is a scumbag conference with scummy Athletic Departments.


Yeah, because this is even close to the same thing...

You're pathetic.
Posted by DisplacedBuckeye
Member since Dec 2013
71549 posts
Posted on 8/3/18 at 11:35 am to
quote:

If you become aware of information that would lead a reasonable person to believe that a violation may have occurred


Link to that happening?
Posted by DisplacedBuckeye
Member since Dec 2013
71549 posts
Posted on 8/3/18 at 11:35 am to
quote:

2015


Posted by baldona
Florida
Member since Feb 2016
20440 posts
Posted on 8/3/18 at 11:43 am to
quote:

Zach Smith is clearly a piece of shite beyond any reasonable doubt.


Given this and what we have seen about Courtney Smith, are you honestly telling me you don't think a team of lawyers can find a reason to fire urban over Smith on staff for years? I find it hard to believe they won't be able to find something, I find it hard to believe that Urban didn't cover up some additional things we don't know about but that some reporters interviewing the police right now may.

If the president and BoT wants to, in order to prevent further things from coming out between Smith and Urban I think they'll pay off Urban to resign.
This post was edited on 8/3/18 at 11:44 am
Posted by slackster
Houston
Member since Mar 2009
84784 posts
Posted on 8/3/18 at 11:44 am to
quote:

Link to that happening?


I'm laying out what could happen if he was aware. If you're adamant that he had no clue - which no one seems to believe whatsoever - that's fine.
Posted by slackster
Houston
Member since Mar 2009
84784 posts
Posted on 8/3/18 at 11:44 am to
What's funny about 2015?
Posted by DisplacedBuckeye
Member since Dec 2013
71549 posts
Posted on 8/3/18 at 11:48 am to
quote:

I'm laying out what could happen if he was aware.


Aware of what?

quote:

If you're adamant that he had no clue - which no one seems to believe whatsoever - that's fine.


I'm only adamant that none of us knows what he knew.
Posted by DisplacedBuckeye
Member since Dec 2013
71549 posts
Posted on 8/3/18 at 11:49 am to
Nothing, on its own.
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