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Discussion Starter #1 (Edited)
(Edit: updated title for more thorough description) This was on ESPN.



"
The women allege that they were sexually assaulted by male athletes at three institutions: Michigan State, Nebraska and one unnamed Division I college from the America East Conference, according to the lawsuit filed Wednesday in the U.S. District Court for the Western District of Michigan.

The lawsuit accuses the NCAA of negligence, fraud and breach of contract. It argues that the NCAA, as a regulatory body for college athletics, had a duty to the women "to supervise, regulate, monitor and provide reasonable and appropriate rules to minimize the risk of injury or danger to student-athletes and by student-athletes."

The NCAA "knew or should have known that their actions or inaction in light of the rate and extent of sexual assaults reported and made known to [the NCAA] by male student-athletes ... would cause harm to female student-athletes and non-student-athletes at NCAA member institution campuses in both the short- and long-term," the lawsuit states."


This is the line specifically about the AE incident:

"After a female swimmer at the America East Conference school reported in October 2019 to Title IX officials that she was raped by a male basketball player, she was told by an athletics employee that an informal Title IX process could not lead to her alleged perpetrator being suspended because it "'wouldn't be fair to other players' and it 'would have a negative impact on the community' who attended games expecting to see [him] play." "


A few things to stress here:
1) We do not know which school it is
2) I believe only UVM, UNH, Maine, Binghamton, UMBC, Stony Brook have women's swimming. I think VMI is an associate member.
3) This is a very serious topic, so don't say something you'll later regret.
 

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Sad and unconscionable but unfortunately not surprising. The "Me too" era put a bright light on blatant sexual misconduct across high-profile corporate and political offices and high-profile college athletics (Jameis Winston, etc).

In some ways it's a good thing that this is permeating to the lower levels of college athletics. It is frankly absurd to think that rape and sexual assault doesn't occur frequently on all America East campuses. This culture has been ingrained across college life (nothing to do explicitly with athletics) for decades. I don't know if there's any other way to root it out.
 

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This is awful and whatever school this is completely mishandled this, etc. etc.

Is it bad that I mentally sighed relief that it probably wasn't Maine because there is neither anyone on the team that the community expects to see play nor a community that wants to watch Maine men's basketball?
 

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terrible but not sure why they are suing the NCAA.

that being said i want to see this play out. In no world could an athletics department official ever say anything like this. it is just to dumb in 2019. unfathomable.

"'wouldn't be fair to other players' and it 'would have a negative impact on the community' who attended games expecting to see [him] play." "
 

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Is it bad that I mentally sighed relief that it probably wasn't Maine because there is neither anyone on the team that the community expects to see play nor a community that wants to watch Maine men's basketball?
I wasn't going to post that thought on here, but now that YOU did...yeah, I was totally with you.

Interesting that the school is not named when others are. I can see reasons for it, but is that an implication that there is not pending legal action (either civil or criminal) against that school at this time? I would think it would be strange if they were part of this joint lawsuit against the NCAA, but not taking action against the institution. I'd also think it'd be strange if the school was being sued in its own right, but their name was being held from this other lawsuit.

I know we have some, can our "real world" lawyers help with some of the details?
 

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Discussion Starter #10
This is awful and whatever school this is completely mishandled this, etc. etc.

Is it bad that I mentally sighed relief that it probably wasn't Maine because there is neither anyone on the team that the community expects to see play nor a community that wants to watch Maine men's basketball?
No, because on the flip side I read that with a sinking feeling in my gut because that line is exactly how UVM describes its fan support, since most of it is "community support." It's so inexcusable to say and we should all be horrified that it came out of someone's mouth in regard to this.
 

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I've learned over the years no to get too worked up over what one side says in a lawsuit. You have to really dig in and read every word of what is alleged and what is said in response.

There is a word here that leaves me wondering whether the lawsuit is presenting the full story. That word is "informal".

"After a female swimmer at the America East Conference school reported in October 2019 to Title IX officials that she was raped by a male basketball player, she was told by an athletics employee that an informal Title IX process could not lead to her alleged perpetrator being suspended ..."


What is an "informal" Title IX process? Does the accused have a chance to defend themself in such a process? Was the victim made aware of other avenues to justice (a "formal" Title IX process? a criminal complaint?)?

With that in mind, I set about finding the actual lawsuit. It can be found online here. It is long, but I encourage you to read the relevant parts before making judgments. Here are my takeaways:

  1. The victim from the AE school is unnamed in this lawsuit and is referred to as "Jane Doe 3". She is a citizen of Vermont. This does not necessarily mean that she attends UVM and not another AE institution.
  2. The assualt took place in September 2019. The alleged assailant played the 2019-20 season for the team.
  3. The unnamed AE school also has a Men's hockey team.
  4. There is indeed a big issue with the word "informal". The victim was told that making a formal complaint would have the basketball player suspended immediately, whereas he could not be suspended as a result of an informal process. The comments about depriving the fans of seeing the player do appear to be taken out of context for the purpose of sensationalizing bad behavior within the schools athletic department.
  5. Nevertheless, the AE school does not appear to acquit itself well, even when trying to read the alleged facts in the most favorable light.
  6. The relevant pages of the lawsuit are pages 43-49, paragraphs 345 - 404.
 

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It says that the complainant met the AD at "half time" of a hockey game on the weekend of 11/15. The field hockey season was over by then. Maine, UNH, UVM, and Lowell all hosted men's or women's hockey that weekend. Lowell does not have swimming. Neither Maine nor UNH have any swimmers listed from Vermont on their roster, but it doesn't mean someone didn't move.

The only thing that points away from Vermont is the statement "At that time, AECS athletics staff stated that although the men's basketball and hockey teams were 'not great,' the women's swim team 'wouldn't be at' AECS without them."

That doesn't sound like something a Vermont athletics staffer would say about UVM hoops. But, I don't think hoops makes any money at Maine or UNH.
 

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after reading the lawsuit it makes no sense. she wanted to accuse him of rape but did not want there to be consequences other than reading him a statement or having him accept responsibility?

The external lawyer said file a formal investigation or at least she had a good case for one.

has to be maine or unh right? based on "At that time, AECS athletics staff stated that although the men's basketball and hockey teams were 'not great,' the women's swim team 'wouldn't be at' AECS without them."

The only thing i do know the coaching carousel will have another opening within a week or so....
 

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Like Jane Doe 3, I too have questions about this...

375.

JD3 did not understand why AECS’s formal Title IX investigative process would result in
mandatory suspension prior to a finding, whereas the informal Title IX resolution process
could not result in even a few games’ suspension.

376.

No AECS employee was able to explain this to JD3. She was told, “That’s the process.”
 

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GoCatsGo -- That is the process at most schools these days. If a complaint is filed against you, then you are suspended.

barneybearcat -- I had the same question regarding why she didn't want to make a formal complaint. This explains why:

377. JD3 did not want to initiate the formal Title IX investigation process because she feared retaliation if JRL was suspended from AECS and the basketball team indefinitely.
 

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I suggest we refrain from questioning the alleged victim. Let's wait for any further details to come forward, if available to the public, but any questions re JD3's credibility leave me very uneasy. Feels like such questions only feed the ageless tendency to blame the victim.
 
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