TXAggie2011 said:
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Really? Dismissing a player from your team is not the same as kicking him out of the school. Cite your source for this conclusion. Sumlin (and most other head coaches) can and have kicked players off the team at will, for a variety of reasons. My source says you don't have a clue what you're talking about:
I've cited my source before and asked you to address this before but you pulled a Winston. It's their department policy, you can see the student affairs section to see it in written form.
Fisher and Sumlin and other coaches have kicked players off their teams. I don't know A&M's policies, I doubt for disciplinary reasons Sumlin unilaterally can snap his fingers and the book is written, end of story. But that's not FSU so it doesn't matter.
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Parties? You mean the worthless DA who had more than enough to try the case? I've seen cases won with much less - see also the article I posted from the public defender who's faced prosecutions based on less.
I definitely don't mean the DA or Bonsorte or Jimbo. Why would you think I'd mean them?
That's good for you. I'm not sure what all the ridiculous **** that was pulled by police departments has to do with what I was saying. And I equally don't excuse Jameis for not answering questions---see above---but that's also a separate issue. I excuse very little here except. Hell, I think Jimbo never should have said "there was no crime." Better way to go about that.
p.s. As someone who has represented battered women in both civil court and immigration contexts; no need giving a Clay Travis story for those "too dumb to understand" that's lacks anything substantive
Got caught up with Thanksgiving, family, etc.
TXAggie2011 said:
I've told you this already, but regardless of the evidence and the evidentiary standard, a FSU head coach cannot unilaterally dismiss a player.
Aside from my link above which says you're wrong, the policy I think you're referring to (I'm guessing since you're careful not to post links yourself) would not have prevented Jimbo from kicking him off the team:
http://seminoles.com/athletics-department/ (click on 'athletic policy and procedure manual' and go to page 23).
"As the university's most visible ambassadors, student-athletes at Florida State are expected to uphold, at all times, high standards of integrity and behavior .... respect the rights of others .... Failure to do so may result in suspension from the team or even the university. Scholarship athletes risk having all or part of their financial aid revoked for infraction of this code. The HEAD COACH OF EACH SPORT HAS HIS/HER OWN SET OF TEAM TRAINING/CONDUCT RULES. THE FLORIDA STATE ATHLETICS ADMINISTRATION WILL FULLY SUPPORT APPROPRIATE DISCIPLINARY ACTION TAKEN BY A COACH. Should a student-athlete wish to appeal any disciplinary action, he/she should contact their Sport Oversight." (Caps emphasis added). It later provides for practically mandatory suspensions upon convictions for felonies (of course, that doesn't stand for the converse proposition - that no conviction in criminal court 'beyond a reasonably doubt' means you can't be kicked off the team). Elsewhere it says the purpose of the policy is "not to judge who is guilty or not guilty." I think I also saw a reference to the preponderance standard somewhere in there, but in any event it seems clear the coach can kick him off for violating the Coach's "own set of team training/conduct rules."
You mentioned the 'appeals process' before you edited your post. If your point is 'Jimbo could have kicked him off the team, but then Winston might have appealed' - so what?! The fact that there MAY be a way for a player to appeal (the policy is vague on that) doesn't mean Jimbo therefore shouldn't have even tried to kick him off the team. That's nonsensical. Kick him off the team (based on the mountains of evidence Jimbo and the rest of the nation knew about) and let him appeal if he can. At least then Jimbo would have lifted a finger against a rapist - one who didn't want to see this same case in civil court (preponderance standard) based on the SAME foregoing evidence I mentioned, and chose to settle with the victim instead.
You don't address all the evidence - you just make vague references to and rely entirely on other 'parties' (again, no links) who you say thought the evidence wasn't sufficient. I'm still trying to guess who you're referring to (link?). First, if you're referring to the arbiter, he was brought in by demonstrably foot-dragging FSU, reviewed all the facts (supra) and then threw up his hands and said 'we'll never know.' Based on the evidence produced and the victim answering every question vs. the evidence DESTROYED by / refusal to answer practically all questions (for fear of criminal charges) by the other side, that conclusion was ridiculous. That whole thing was a sham. Second, if we're talking about what various 'parties' thought of the evidence: again, both FSU - and more importantly, Winston - wouldn't dare take the case to a real trial on the SAME evidence and face the SAME preponderance standard. Winston instead chose to settle with someone he claimed 'falsely' accused him of rape - because he knew in a real court he'd lose.
TXAggie2011 said:
I'm not sure what all the ridiculous **** that was pulled by police departments has to do with what I was saying.
TXAggie2011 said:
That doesn't mean I think Winston didn't rape that girl ... or that the evidence and standards could have been met had a proper investigation taken place in a timely matter.
Basically, you're saying the standards 'could have' been met if the police had conducted a better investigation. You're again trying to excuse Jimbo's inaction by saying 'if only they'd conducted a better investigation, maybe Jimbo could have done something.' That's why I said "Just because the police intentionally botched the investigation - just because the case could have been even stronger - does NOT mean there wasn't enough with all I've listed above." Even with the obstruction of the police, there was still enough evidence. See above; see also the fact that Winston wouldn't dare face that same evidence in a real court and chose to settle.
TXAggie2011 said:
No, I don't think those aren't the conflicts [in the victim's statements] I'm thinking of. Conflicts about whether they knew each other, the timelines, etc. were an issue, among other things.
POST A LINK to all this, and whatever 'etc.' you're referring to. I (and several others) have posted several links to publicly available known evidence. I'm not just taking your word for it that there WERE 'conflicts' or that the supposed 'conflicts' were MATERIAL / important at all (e.g. 'she said she met him at 5:30, but it was actually 5:40. Aha!').
TXAggie2011 said:
I don't think anyone here has debated that the investigation was incompetent, that FSU officials helped Winston obtain an attorney, that FSU officials had "early" access to the files, or that FSU didn't initiate a proper Title IX investigation in a timely manner. That shouldn't be conflated with the separate matter of whether the way Fisher reported the incident is unforgivable or not.
That's not the only issue with Fisher; it's his not lifting a finger to kick an obvious rapist off the team as coaches can generally and FSU coaches can in particular, based on links others and I have included. Address the evidence and include links. You've done neither, opting instead to rely on vague 'others' and their questionable conclusions. See also supra (public defender says she's faced prosecutions based on less evidence in criminal court (BRD standard), Winston wouldn't dare take the case to trial in a real court based on the SAME evidence (preponderance standard) and settled with the victim).