The district court is supposed to be the last level of appeal. Now, it is true that the first motion to the district court was simply for a stay of the sanction, and Palo's lawyers may want to save some of their evidence for the actual appeal.
However, in the appeal to BOR, there also appeared to be no evidence submitted that found logical or factual errors in Leath's decision.
If we're looking for logical...I keep coming back to this: at various levels, it has been stated that Bubu would present a danger to other students if he was not disciplined by removing him from the team. I fail to see how he would present a danger to Georges, Mel, DeAndre, Dustin, Percy, et al (men who are clearly larger, likely much stronger than him), but would not present a danger to all of the co-eds on campus that he interacts with on a daily basis,
as a scholarship student in good standing.
It really doesn't get any more illogical than that. If he was such a danger, they could have removed him from campus by expelling him based on alleged conduct violations, or (and IMO, this is mind-numbingly obvious)
Leath could have made the decision in a TIMELY manner, allowing Bubu to transfer, giving the scholarship back to the team, etc.
Up until the BS this past fall, I agreed with the manner in which the University responded. Now, it's starting to reek of Dean Wormer's double-secret probation.
