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OT: Coach K Covered Up Sexual Assault??

I am sure the NCAA will come down hard on Duke like they did with UNC. What? they didn't...?

I am also sure Jay Bilas will get on a soapbox on ESPN and demand action like he did with UNC. What? he didn't attack UNC and ESPN and ACC are in bed together...? Do you mean sexual assault and massive academic fraud are not as important as a coach throwing a basketball at a player's face?
 
horrible if true and I'm sure they were skittish after how the whole Lacrosse rape scandal went down.
 
Originally posted by vkj91:
horrible if true and I'm sure they were skittish after how the whole Lacrosse rape scandal went down.
Didn't think of that..but makes alot of sense why they may have kept it hush.
 
Well the girls said they couldn't (or more accurately didn't want to) report it to the police due to fear of backlash, which is understandable. So the coaches were told of this possible incident. I would imagine ( I would hope) they asked the player what happened. If he said it was not true and no police report was filed, then I'm not sure what else you would as the coach. I'm not sure I would term this a cover up (Unless my facts are wrong)
 
Originally posted by PatrickRU92:
Well the girls said they couldn't (or more accurately didn't want to) report it to the police due to fear of backlash, which is understandable. So the coaches were told of this possible incident. I would imagine ( I would hope) they asked the player what happened. If he said it was not true and no police report was filed, then I'm not sure what else you would as the coach. I'm not sure I would term this a cover up (Unless my facts are wrong)
Don't you have to report it? Even if the player says it didn't happen...if it allegedly took place, due to Title IX laws, the team and school has to report it.

If they knew about it, which it appears they did...and no supervisor or law enforcement was contacted..something's wrong.
 
"The fear of backlash from the Duke fan base was a factor in the female
students' decision not to pursue the allegations, sources close to the
women said," as reported in the article in the Duke Chronicle. Until one of the alleged victims comes forward to the campus law enforcement or administration, what could be done per the school's protocol for "handling" the alleged assaults? Coach K was likely neutralized by this.

Here's a link to the article that ran in the Duke Chronicle:
http://www.dukechronicle.com/articles/2015/03/02/rasheed-sulaimon-center-sexual-assault-allegations-prior-dismissal#.VPSSeOFEDy8
 
Pretty thorough article - the dude did still play 20 games this year for the Devils though
 
I believe if coaches, athletic adminstrators, etc. became aware of a sexual assault allegation, even if the girls didn't file formal complaints, they are required to report it either to a school's student discipline office, authorities, etc.

From what seems to be the case here, although I haven't read everything on this situation, the administrators who were notified of this chose not to report it to the right people per Title IX requirements.
 
Seen these kinds of cases before. Girls don't want to make accusations because they had some complicity in events. Then the men haters club gets to them and wants to use them to create a storm. Happened at Annapolis when a girl got drunk and had "relations" with a bunch of guys in different locations. She didn't want to push anything and didn't give info to investigators. The activists did and kept after her. Things ended up in court where guys got off.

The media and witch hunters make it hard for people do do anything right. A girl says something happened but she wont pursue anything. Colleges investigate and get left with a dead end. Then the 'activists" want to stir the pot blaming colleges for not willingly cooperating with the warlock hunt. Coach K isn't JoPa and he gets benefit of doubt (and I loathe almost everything Duke)

This post was edited on 3/2 12:19 PM by RU0517581
 
FERPA likely prevents the admin and/or the likes of Coach K from initiating an official investigation, as it constitutes a privacy violation of the alleged perp and the victim/s, who are all students. That said, I'm sure an informal "off record" investigation occurred. This young man was known trouble.
 
Originally posted by Beancounter88:
I am sure the NCAA will come down hard on Duke like they did with UNC. What? they didn't...?

I am also sure Jay Bilas will get on a soapbox on ESPN and demand action like he did with UNC. What? he didn't attack UNC and ESPN and ACC are in bed together...? Do you mean sexual assault and massive academic fraud are not as important as a coach throwing a basketball at a player's ____ legs, butt, and shoulders...?
fixed it for ya
3dgrin.r191677.gif
 
Originally posted by mikemarc1:
Originally posted by PatrickRU92:
Well the girls said they couldn't (or more accurately didn't want to) report it to the police due to fear of backlash, which is understandable. So the coaches were told of this possible incident. I would imagine ( I would hope) they asked the player what happened. If he said it was not true and no police report was filed, then I'm not sure what else you would as the coach. I'm not sure I would term this a cover up (Unless my facts are wrong)
Don't you have to report it? Even if the player says it didn't happen...if it allegedly took place, due to Title IX laws, the team and school has to report it.

If they knew about it, which it appears they did...and no supervisor or law enforcement was contacted..something's wrong.
Yep. This is one of those cases where you get caught for the cover-up even if you don't get caught for the crime.

It doesn't matter whether the player said the assault didn't happen and it doesn't matter that the supposed victims don't want to file a formal complaint or press charges. Federal law still requires the University to report the allegation of sexual assault.
 
Upstream posted on 3/2/2015...

It
doesn't matter whether the player said the assault didn't happen and it
doesn't matter that the supposed victims don't want to file a formal
complaint or press charges. Federal law still requires the University
to report the allegation of sexual assault.
Does it really work that way? Neither of the alleged victims filed a complaint with the police or with the school's admin. Without the complaint/s, the universities hands are tied. The university cannot report an alleged sexual assault (or two) if there are no victims alleging that the assault/s took place. Tough situation.
 


Originally posted by RUinPinehurst:

Does it really work that way? Neither of the alleged victims filed a complaint with the police or with the school's admin. Without the complaint/s, the universities hands are tied. The university cannot report an alleged sexual assault (or two) if there are no victims alleging that the assault/s took place. Tough situation.




That's sort of what I was going to ask. How was the information received, and what are the legal obligation if you get information 2nd or 3rd-hand?
 
Well yes and no. Under Title IX the university has to report that it took a report of the sexual assault. BUT that is only for the purpose of statistical documentation; NOT for the purposes of actual investigation. So a report of a sexual assault can come in a variety of ways to the Title IX office. But that doesn't mean that they were investigated or even reported to the campus or local police.
 
As usual RUinPinehurst has no idea what he is talking about. Perhaps his abject hatred of UNC is leading him to misstate federal law and policy to defend Duke. I say this as someone who worked for 12 years in the Civil Rights Division of the US Department of Justice; for 15 years in the Office for Civil Rights in the US Department of Education where among other things I specialized in Title IX; and, for 10 years as the university's investigator (special assistant to the provost) at a B1G school. In the latter role, I conducted civil investigations under Title IX involving allegations of sexual assault and numerous investigations concerning alleged sexual harassment of students by employees and of employees by other employees.

Once a university becomes aware of allegations of sexual assault, whether the alleged victims want to file a complaint or not, it MUST conduct an investigation. This is true whether or not a criminal or civil complaint is filed. The responsibility is not with the department of athletics. In fact OCR does not want athletics folks involved. Athletics or the coach would only be at fault if they had information they did not provide to the competent authorities within university or they interfered in the investigation. The responsibilty for the investigation when students are involved would vary depending on how the school divides up the responsibilities. It could be the Dean of Students or it could be the Office of Equal Opportunity or both. Of course if the alleged victims refused to cooperate than it would be difficult to conduct the investigation. FERPA in no way blocks an intrernal investigation. It would block in whole or part the release of information relating to the investigation although those within the university with a need to know would be made aware. If any of the alleged victims filed a complaint he or she must be made aware of the results of the investigation. Schools may also have time limitations dealing with how long after the actual alleged discrimination occurred a complaint could be filed.

If any one really wants to know what to know what a unversity needs to do when they become aware of possible discrimination on the basis of sex, which would include harassment or assault, I suggest that they begin by reading
OCR's April 4, 2011 Dear Colleague letter: http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf'
 
Do you mean sexual assault and massive academic fraud are not as important as a coach throwing a basketball at a player's face?

Great line. Really great line.
 
Originally posted by SteveVA2:

Once a university becomes aware of allegations of sexual assault, whether the alleged victims want to file a complaint or not, it MUST conduct an investigation.



Well, this is what I don't quite understand. If you heard from a friend-of a friend-of a friend that so-and-so was sexually assaulted, how reliable is that? If that's the case, I think they should change that law that so that it doesn't pertain to something heard 3rd or 4th hand.
 
Top:

The reality is that the information never came fourth hand. It comes from the dean of students office or roommates or friends or the university or city police or the newspapers or advisors or professors or the individuals themselves.

I wanted to add that the Duke may have already conducted an investigation and found insufficient evidence to justify any action against the basketball player, we don't. It is also possible that the two students refused to cooperate with the University. We don't know. It's also possible he was dismissed from the team because the coach was not pleased with the player's behavior even though the preponderance of evidence did not indicate he violated any law.

This post was edited on 3/2 8:22 PM by SteveVA2
 
Originally posted by SteveVA2:
Top:

The reality is that the information never came fourth hand. It comes from the dean of students office or roommates or friends or the university or city police or the newspapers or advisors or professors or the individuals themselves. I wanted to add that the Duke may have already conducted an investigation and found insufficient evidence to justify any action against the basketball player, we don't. It is also possible that the two students refused to cooperate with the University. We don't know. It's also possible he was dismissed from the team because the coach was not pleased with the player's behavior even though the preponderance of evidence did not indicate he violated any law.


This post was edited on 3/2 8:22 PM by SteveVA2


I'm not saying that it was, but by the same token, so far I don't see that anyone knows where it came from. Here's what I mean. According to the article, it was the team psychologist who alerted the coaches and administration. Well, this is my question. How did the team psychologist find out about this? It doesn't really seam plausible that the victims would have access to the team psychologist. Presumably, that doctor works for the team, and not with the general student population. It also doesn't seem plausible that a victim would specifically seek out the team psychologist either. It's doubtful that a regular student would even know who this doctor was, or where to find him.

So my point is this. If the team psychologist heard from a friend-of a friend-of a friend that a person was assaulted, I just feel like that's a little too far removed as a basis for a law. I'm not arguing about you being correct on the law itself. I'm saying I disagree with the law if it functions in the way you are saying. I think someone should only be held legally accountable if the information comes from a source more directly involved in the situation.
 
SteveVa, I was asking a question. Your emotional outburst aimed at me, though, is understood, per your ties to UNC. Your anger is misplaced. Aim it toward Chapel Hill. Attacking a neutral party is telling. That is all. Go Heels.
Posted from Rivals Mobile
 
According to the article on ESPN the team psychologist was informed by someone who was in the past connected with the basketball program. That individual heard about the allegations and talked to the two female students. He then reported the information to the team psychologist.

There is no indication any of the information available to the public that Duke did anything wrong or in fact that the basketball player
sexually assaulted either one or both of the female students. Absent a criminal trial where all the information comes out, we may never know exactly what went on, but everybody will assume that the university Coach K covered it up or did something wrong. My investigations of sexual assault cases were never released to the public. Other of my discrimination complaint investigation, which mostly dealt with employees, were released but redacted and contained no names or titles.

This post was edited on 3/2 7:57 PM by SteveVA2
 


Originally posted by SteveVA2:
According to the article on ESPN the team psychologist was informed by someone who was in the past connected with the basketball program. That individual heard about the allegations and talked to the two female students. He then reported the information to the team psychologist.







That's what I'm saying. That's way too convoluted of pathway to hold the coach or the school liable. I'm not saying that it's legally wrong. I'm just saying that from a "common sense" point of view. I feel like there is too much emphasis on trying to put the legal burden on people who are rather far removed from the situation. It's too much like hearsay.
 
This is a civil matter not a criminal matter. There really isn't anything convoluted. Information was received from a person in position to know. The University then had an obligation to follow it up. What following up means can vary but it cannot be ignored. Again, I suggest you read the guidance issued by OCR I mentioned above.
 
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