Bubu Thread

ImJustKCClone

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My assumption is that the university president is equipped to make a rational decision using the preponderance of evidence criteria. If proper evidence is presented to the contrary, I will change my opinion. So far, no such evidence has been presented...not even close. Hec, to this point, Palo's lawyers haven't even directly challenged Leath's decision (at least according to the present court documents available).

I don't share your confidence.
 

Tre4ISU

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Re: Bubu back again

Even with him being on the team, I doubt Fred plays him until both Leath and Pollard change their stance. It's still a tough spot for Fred to be in.

He can still be a helpful practice player though.

Yeah, real frickin tough. Go grab an elite college job or any open NBA job whenever you want. Fred's in control here. If he feels slighted by this and I bet he does, it will end badly. All of a sudden those jobs he wasn't interested in are interesting. The University went over his head with no justification for doing so.
 

IAStubborn

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My assumption is that the university president is equipped to make a rational decision using the preponderance of evidence criteria. If proper evidence is presented to the contrary, I will change my opinion. So far, no such evidence has been presented...not even close. Hec, to this point, Palo's lawyers haven't even directly challenged Leath's decision (at least according to the present court documents available).

I don't disagree that he is equipped, I don't think he is best equipped. I would however put more weight into the ALJ ruling however. He is the only party to hear testimony. There is a reason people are not tried by transcripts. If he questioned the procedure or the findings (which he apparently did in 3 cases) he should have then questioned directly on those issues.

Additionally, if he did think he was guilty he should have been expelled.the academic argument is so outrageous and illogical it really is why this thing is such a head scratcher. If he is a rapist expel him. Who cares if he is a good student. If he were a poor student would you have expelled him? What if he was an excellent . basketball player? What difference does hisstudent aachievement case make in dicipline for.rape? How is giving scholars special treatment any different than giving athletes? We are embarrassed because Leath gave a middle ground punishment for an offense when no middle ground exists. Basketball ineligibility is not enough of a penalty for rape and trying to appease interests and look tough at the expense of a student is Unexeptable. He did one of those thing and both are inexucasble.
 
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jbhtexas

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And personally, I believe if the court dropped the charges, it's not the universities job to remake a new case

It doesn't work that way in real life. Read the link above about burden of proof. The criminal court has to meet the "beyond a reasonable doubt" burden of proof, the strictest and toughest standard. The university and Title ?? require the much less stringent "preponderance of evidence". It is quite possible and quite common for evidence to meet the latter standard and not the former standard.

If the evidence met the "preponderance of evidence" standard and Leath ruled otherwise simply because the DA dropped the criminal charges, he would immediately open up the university to legal action from the US Department of Education and the Complaintant who appealed to him.
 

ImJustKCClone

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JBH, up until last fall I was quite satisfied with how everything was handled, by the university, and by Bubu and CFH. I began to question when the abrupt "Bubu is off the team" announcement was made at the beginning of the semester.

We have the information that has been made public regarding the criminal charges (and the impetus behind dropping them).

We know that an ALJ reviewed the conduct charges, including reading through the documents and (iirc) questioning the witnesses, and determined that the charges were unfounded.

We have been told that the appeal was made in late May, early June but took our President over two months to issue a decision, despite apparently not needing to re-interview witnesses, and in fact took so long that transfer options for Bubu were likely non-existent by the time he made his decision.

Each step farther into the process has only succeeded in making the University administration and BoR look increasingly petty and vindictive.
 
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ImJustKCClone

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It doesn't work that way in real life. Read the link above about burden of proof. The criminal court has to meet the "beyond a reasonable doubt" burden of proof, the strictest and toughest standard. The university and Title ?? require the much less stringent "preponderance of evidence". It is quite possible and quite common for evidence to meet the latter standard and not the former standard.

If the evidence met the "preponderance of evidence" standard and Leath ruled otherwise simply because the DA dropped the criminal charges, he would immediately open up the university to legal action from the US Department of Education and the Complaintant who appealed to him.

Wasn't the ALJ ruling on the CoC complaints, not the criminal charges?
 

ISUCubswin

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It also isn't recognized that Leath didn't announce Bubu was off the team until kickoff of the football game to distract the fans.

Personally, I think Leath was forced to get him out or would be sued by the judicial affairs board or whatever, which had an attorney on the victims side, so of course they wanted Bubu gone
 

CYKOFAN

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It doesn't work that way in real life. Read the link above about burden of proof. The criminal court has to meet the "beyond a reasonable doubt" burden of proof, the strictest and toughest standard. The university and Title ?? require the much less stringent "preponderance of evidence". It is quite possible and quite common for evidence to meet the latter standard and not the former standard.

If the evidence met the "preponderance of evidence" standard and Leath ruled otherwise simply because the DA dropped the criminal charges, he would immediately open up the university to legal action from the US Department of Education and the Complaintant who appealed to him.

What physical evidence could Leath have that the county attorney of ALJ didn't have? He didn't even actually talk to the parties, and he would be taking the testimony of a woman who lied to the county attorney and tried to falsify evidence over a student who was all academic all big 12 and never commited a crime? Don't think Leath had much to fear from the Dept of Education, and sounds like another excuse to me.
 

Dingus

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Re: Bubu back again

Yeah, real frickin tough. Go grab an elite college job or any open NBA job whenever you want. Fred's in control here. If he feels slighted by this and I bet he does, it will end badly. All of a sudden those jobs he wasn't interested in are interesting. The University went over his head with no justification for doing so.

Hoiberg can be ******, maybe, but not slighted. He's not dumb; he knows this has nothing to do with him.
 

jsb

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Re: Bubu back again

Hoiberg can be ******, maybe, but not slighted. He's not dumb; he knows this has nothing to do with him.

Of course he knows it has nothing to do with him, but that doesn't mean he has to like it. And that doesn't mean that suddenly the job you have (which you love, but you know that the NBA is where you want to be) is suddenly less attractive.

THAT'S my concern. Hoiberg can have any job he wants. I think that is kind of almost literally true. We don't need administrators that tick him off.
 

Seedman

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JBHTexas... Just call them as I see them. Steve is likely far more tightly wound than I am, but I can’t say I disagree with his mantra to Fear God, Tell the Truth and Make Money.
 

Luth4Cy

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It also isn't recognized that Leath didn't announce Bubu was off the team until kickoff of the football game to distract the fans.

Personally, I think Leath was forced to get him out or would be sued by the judicial affairs board or whatever, which had an attorney on the victims side, so of course they wanted Bubu gone

IIRC, it was announced before the UNI game, but still weird that it was announced on a Saturday.
 

jbhtexas

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What physical evidence could Leath have that the county attorney of ALJ didn't have? He didn't even actually talk to the parties, and he would be taking the testimony of a woman who lied to the county attorney and tried to falsify evidence over a student who was all academic all big 12 and never commited a crime? Don't think Leath had much to fear from the Dept of Education, and sounds like another excuse to me.

1) Why do you assume the ALJ made the right decision and Leath made the wrong one?

2) Do you know what testimony was given? If not, how can you judge whether Leath or the ALJ made the correct decision?
 

ImJustKCClone

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1) Why do you assume the ALJ made the right decision and Leath made the wrong one?

2) Do you know what testimony was given? If not, how can you judge whether Leath or the ALJ made the correct decision?

The training involved in the route to a judge's position vs the training involved in the route to a PhD in plant path, perhaps? Not that I have anything against plant path, but I think we can agree that a judge probably has a stronger backround in legal matters?
 

IAStubborn

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As posted above, the university was required by US Department of Education Title ?? to appeal the ALJ decision to Leath. Leath had to make a decision using the "preponderance of the evidence" burden of proof as required by ISU procedures for this matter. Preponderance of Evidence basically says that the burden of proof is met if there is a 51% chance that the alleged action occurred.

Legal burden of proof - Wikipedia, the free encyclopedia

Have you seen all of the evidence, and do you know all of the circumstances surrounding Leath's decision? If you haven't and don't, how can you judge his or the BOR's decision?

Do you know for certain that Leath just "sat" on the appeal, and that other things weren't going on that caused the delay?

Do you know for certain that the BOR just rubber-stamped Leath's decision? Perhaps the preponderance of evidence burden of proof was so easily met that the BOR didn't have to scour over the testimony. The district court said there was an appearance that a rubber-stamp may have happened, it hasn't ruled that to be a fact.

Your assertion and conclusion are based on a certain interpretation of of events, and your interpretation is opinion, and has not shown to be fact.

I was wrong, it isn't title nine that requires automatic appeal just ISU policy. Here is an article about how the preponderance standard came down and a situation at North Dakota eerily similar. Argues this is bad policy.The Politics of Campus Sexual Assault | RealClearPolitics
 

Tre4ISU

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Re: Bubu back again

Hoiberg can be ******, maybe, but not slighted. He's not dumb; he knows this has nothing to do with him.

His administration has tried numerous times to remove a player he reinstated from the team. I will gaurantee you he feels like he has less control over his team than before.
 

alarson

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IIRC, it was announced before the UNI game, but still weird that it was announced on a Saturday.

As i recall it was almost right before the game... as people wouldve been heading in\at tailgates. Definitely odd timing.
 

Nycclone

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IIRC, it was announced before the UNI game, but still weird that it was announced on a Saturday.

Saturday is the perfect time actually. Then it won't be a big news story. Too many other things going on so all it gets is a two sentence blurb on espn and no one other then isu fans either notice or care.
 

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