And personally, I believe if the court dropped the charges, it's not the universities job to remake a new case
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).
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.
Exactly, and yet several posters are fine with putting blame and some shame on Bubu for "risky" behavior. Would this is even be an issue if Bubu was a woman or the accuser a man?See the problem is, she's not a victim.
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).
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.
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.
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.
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
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?
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.
Hoiberg can be ******, maybe, but not slighted. He's not dumb; he knows this has nothing to do with him.
IIRC, it was announced before the UNI game, but still weird that it was announced on a Saturday.
IIRC, it was announced before the UNI game, but still weird that it was announced on a Saturday.