Should Bubu appeal President Leath decision to the BOR?

jbhtexas

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Oct 20, 2006
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If the question is - should Bubu appeal? Heck yeah if appealing is an option. Why wouldn't he? He doesn't have much to lose at this point.

If he is absolutely innocent of any wrong doing, then it would seem he has nothing to lose. If there is the slightest doubt at all about his innocence, then he would be a complete fool to drag this out any longer.
 

Cyclonestate78

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May 23, 2008
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In the grand scheme of things a kid with good character and some class wouldn't bother appealing this decision. He would accept the decision that was made and understand that dragging this out further would be a distraction to the program, his former coach, his former teammates, and it would also continue to keep a story alive in the media that has been a black eye for the university. It's time for Bubu to take a step back, look at the big picture, and do the right thing which would be to simply move on.
 

jbindm

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Dec 2, 2010
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Finally, a voice of reason in this thread. Do the rest of you really think Leath made a flippant decision because he woke up on the wrong side of the bed that day? He is both a trained research scientist and an administrator who rose through the ranks by demonstrating good judgment again and again. I'm sure he carefully reviewed all the available evidence, talked to the university's legal advisors, and considered the outcomes of all possible options. That process is probably why this decision took so long.

Is it likely that Leath made this decision knowing full well that it would probably be appealed to the BOR, then? If Bubu appeals and gets reinstated, then Leath will have been able to dump this mess on someone else and reasonably defend his decision by citing university policy. Or if the dismissal is held up by the BOR, then Leath looks good for making a tough call and having the full support of the BOR behind him. He wins either way.
 

cyclone87

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Apr 6, 2011
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There are two different standards of proof. How does he know what the evidence shows?

I think he's just saying that the first time around they found him not in violation of student code. So what made them change their minds, does ISU know something they didn't know the first time or did someone threaten to wage a negative pr battle (smear) with University over this. The latter would be my guess
 

SpokaneCY

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Apr 11, 2006
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Big deal. You know how many college kids make the "mistake" of having relations with a drunk girl who has a bf every weekend.

Yes he should appeal.

Voting you redneck father of the decade.

isufbcurt talking to his recently raped daughter:

"Well Nancy, boys will be boys (chuckle chuckle chuckle)! Whaddya say you and I go down to the Walgreens and buy some morning after pills then go to the clinic and get you tested for STDs you little knucklehead!"
 

SpokaneCY

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Apr 11, 2006
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So what if he made an error in judgment???? The only relevant issue is whether his actions violated criminal laws or the student code of conduct. Nothing else matters. The prosecutor, a position I have held in the past, made a decision that the evidence was not sufficient to constitute a criminal violation. The student board which reviewed the evidence concluded the evidence was insufficient to constitute a student conduct violation. That is the point of the article. I think he should definitely appeal to the Board of Regents.

A quibble... The prosecutor didn't necessarily drop the case based on evidence. Most likely he examined the case including the evidence and including the victims actions and felt his odds of success were less than certain. Never heard of a single NON-TV lawyer who took a case to court without doing that math.
 

SpokaneCY

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Apr 11, 2006
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Highly doubtful. Appeals are based on the facts considered by the lower body from which the appeal is taken. Generally, the standard is that there was no factual basis for supporting the decision that is being appealed.

Are you speaking from a legal POV or from an insititue of higher learning's codes and standards of conduct POV?
 

NATEizKING

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Feb 18, 2011
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A quibble... The prosecutor didn't necessarily drop the case based on evidence. Most likely he examined the case including the evidence and including the victims actions and felt his odds of success were less than certain. Never heard of a single NON-TV lawyer who took a case to court without doing that math.

He had to feel pretty confident he would not win the case. If there was a chance of proving the case, he would have taken it to court. There was obviously no chance of proving the case.
 

CapnCy

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Jul 6, 2010
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Big deal. You know how many college kids make the "mistake" of having relations with a drunk girl who has a bf every weekend.

Yes he should appeal.

Big deal? Really?

By definition, having sex with a person who is not able to give consent is rape..and that's sad if you brush it off as "everyone does it"

I'd love for you to look her father in the eye and say exactly what you just posted and see how he responded.
 

CapnCy

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Jul 6, 2010
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For those saying, "lawyer up," why?

It appears ISU procedures have been followed (and those are different than criminal charges, etc). Do you think Leath would make such a decision without legal counsel and understanding the process?

A players ability to be on a team isn't a right (heck, we saw it this summer when we took on a transfer then took that spot back for someone else).
 

casey1973

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Apr 20, 2012
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I don't see how the fact that the criminal charges were dropped is particularly relevant here. Leath's decision isn't a matter of law, it's a matter of university policy, and the law and university/AD policy are not synonymous. For example, as far as I know, cheating on a test given in a typical university class is not against the law, but if you are caught cheating, the university can take certain actions against you.

As you said, we don't know what happened, but there may have been things done and stipulated to that violate university/AD policy, and Leath has decided that these actions warrant Palo not being on the MBB team. Leath doesn't seem like the kind of guy who wants to intentionally antagonize the AD and MBB head coach. In fact, he seems just the opposite.

Indeed, if it's a matter of university policy than why was he reinstated in the first place? Palo made some horrible decisions and hopefully he has learned from what happened. Leath is the one putting ISU back in press again. My opinion is he would rather have the regents make the decision to allow him back on the team. He then looks good and Palo gets to play. Just my 2 cents.
 

jbhtexas

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Oct 20, 2006
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Indeed, if it's a matter of university policy than why was he reinstated in the first place?

I don't know. An appeal of that reinstatement was made by a third party. The appeal may have contained additional info not available to the student board, or Leath may have reviewed the case and simply came to the conclusion that the student board made the wrong decision. Just because the student board reinstated Palo doesn't mean that it was the correct thing to do based on the facts.
 

State43

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Nov 22, 2010
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Awesome, so some girl can make an accusation with no proof and fabricated evidence towards a person, ruin their reputation and basketball career, and people with 0 association to the case side against him. Awesome, hope you guys don't meet the wrong girl one lonely night, might get the favor returned.
 

jbhtexas

Well-Known Member
Oct 20, 2006
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Arlington, TX
Awesome, so some girl can make an accusation with no proof and fabricated evidence towards a person, ruin their reputation and basketball career, and people with 0 association to the case side against him.

Do you trust Leath's judgement in his decision? If not, why?

Awesome, hope you guys don't meet the wrong girl one lonely night, might get the favor returned.

Seems like Palo's case is pretty good incentive to avoid that scenario...
 
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