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Elspeth
03-02-2015, 04:25 PM
This looks another one of these cases. Two girls go to an emotional gender/ethnic studies retreat (Common Ground) and start accusing a Duke basketball player of rape. Neither girl goes to the police. Neither girl files a grievance with the university. Instead, they go through administrative back channels, where there is no procedure. Lots of background noise for a year. Today, the Duke player, Rasheed Sulaimon, is dismissed from the basketball team.

Rasheed Sulaimon at center of sexual assault allegations prior to dismissal
http://www.dukechronicle.com/articles/2015/03/02/rasheed-sulaimon-center-sexual-assault-allegations-prior-dismissal#.VPTEhWbv5ZW

Rasheed Sulaimon's dismissal from the Duke basketball program is clouded by allegations of sexual assault, which surfaced nearly a year before he was released from the team in January. Multiple sources close to the situation have confirmed that members of the athletic department were made aware of the allegations as early as March 2014.

The Duke men's basketball department has not provided a detailed explanation of the dismissal, which was the first in head coach Mike Krzyzewski's 35 years at the helm of the program. Sulaimon, a junior, was dismissed from the Duke basketball team Jan. 29 after he “repeatedly struggled to meet the necessary obligations,” Krzyzewski said in his official statement.


Sulaimon's dismissal came not from a singular incident, but was the result of multiple actions detrimental to the program, Matt Plizga—the men's basketball sports information director—told The Chronicle the day of the dismissal.

...Separate allegations of sexual assault by Sulaimon came from two female students in the 2013-14 academic year. Both students voiced allegations publicly, but neither filed a complaint through the Office of Student Conduct or took legal action through the Durham Police Department. The students declined to discuss their allegations with The Chronicle.

In October 2013, a female student said in a large group session at the student-led diversity retreat Common Ground that Sulaimon had sexually assaulted her, three retreat participants said. At the following semester's Common Ground retreat beginning in February 2014, a second female student said she had been sexually assaulted by Sulaimon, according to four retreat participants.

Common Ground is a four-day retreat in which students discuss identity—including issues involving race, socioeconomic status, gender and sexuality—through interaction with other participants, discussion groups and personal narratives. The retreat is held once each semester, with 56 participants selected from a student applicant pool.

A former affiliate of the Duke basketball program, who was with the team throughout the majority of Sulaimon's basketball career, became aware of the allegations made at the Fall 2013 Common Ground. The anonymous affiliate began speaking to the female student in January 2014, and began speaking to the second female student in March 2014 after learning of her allegations.

The allegations were brought to the attention of a team psychologist in March 2014, the anonymous affiliate said. That month, the allegations were brought to Krzyzewski and assistant coaches Jon Scheyer and Nate James and associate head coach Jeff Capel.

The anonymous affiliate said other athletic administrators were then made aware of the allegations. Among the administrators identified by the anonymous affiliate were Mike Cragg, deputy director of athletics and operations; Director of Basketball Operations David Bradley; and Kevin White, vice president and director of athletics. The allegations were also brought to the attention of Sue Wasiolek, assistant vice president of student affairs and dean of students, according to the anonymous affiliate.

“Nothing happened after months and months of talking about [the sexual assault allegations]," the anonymous affiliate said. "The University administration knew. Kevin White knew, Mike Cragg knew."

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.

“[The Jameis Winston sexual assault case reaction] would be the same from a fan base as large and as passionate as Duke’s,” the anonymous affiliate said, referring to the former Florida State quarterback, who was the subject of both a police investigation for alleged sexual assault in Fall 2013 and a university conduct hearing in Fall 2014. Winston did not face charges, and he was later found not in violation of the university's code of conduct.

Because the women voicing the allegations did not want to pursue their cases, no official complaints were filed with the Office of Student Conduct.

If a complaint is filed with the Office of Student Conduct, an investigation is conducted and a disciplinary hearing occurs if necessary. If a student is found responsible for sexual misconduct in a disciplinary hearing, the recommended sanction is expulsion.

Even if a student chooses not to file a complaint, however, the University is legally obligated by Title IX to look into any indications of sexual assault. If the Office of Student Conduct receives information about a possible assault with a student perpetrator, the protocol is to investigate to whatever extent is possible, Wasiolek said.

“Sometimes, it’s so little information that there’s really nothing to follow up on. When we have the name of an alleged victim, we would certainly want to talk with that individual,” Wasiolek said. “When we have the name of an alleged respondent, we would want to talk with that individual as well. Depending on what information we get from either of those individuals, that will dictate how we proceed.”

Even if an official complaint is not filed, Student Conduct still documents all conversations it has as part of an investigation of a potential sexual assault, Wasiolek said. The records are kept confidential under the Family Educational Rights and Privacy Act.

Wasiolek declined to comment on the subject of allegations against Sulaimon.....

noonwitch
03-02-2015, 05:51 PM
I want to be clear that I don't think the University should suspend or punish the guy if the alleged victims are not willing to file a complaint with either the police or the University.


The women said that they didn't pursue their cases because they were afraid of backlash from the Duke fan base-this is a legitimate issue. There have been sexual assault cases in which the perps were athletes and the victims were harrassed by the "fan base". I think there was one a few years ago in Ohio that I heard about, it might have been a high school, though, not a college. I can't imagine being victimized by a popular athlete, filing charges, then being constantly harrassed on campus by other students. I would guess that it could get really ugly.

Elspeth
03-02-2015, 06:29 PM
The women said that they didn't pursue their cases because they were afraid of backlash from the Duke fan base-this is a legitimate issue. There have been sexual assault cases in which the perps were athletes and the victims were harrassed by the "fan base". I think there was one a few years ago in Ohio that I heard about, it might have been a high school, though, not a college. I can't imagine being victimized by a popular athlete, filing charges, then being constantly harrassed on campus by other students. I would guess that it could get really ugly.

It might. But then it falls on the university to protect the accusers from such harassment on campus.

My problem with this case is that it's too much like Mindy Brickman at Princeton. Brickman was a student who attended a Take Back the Night Rally and got overwhelmed with emotion (or something). She ended up accusing another student of raping her. In the end, the student hadn't done anything and Brickman admitted as much.

http://dailycaller.com/2014/12/14/here-are-eight-campus-rape-hoaxes-eerily-like-the-uva-rape-story/2/

I don't trust 4-day "social justice" retreats (like Common Ground) where there is ample opportunity for psychological manipulation by folks with an agenda. Both girls at Duke made their allegations at this retreat.

txradioguy
03-03-2015, 08:06 AM
Once again this proves it's not what can be proven that counts...just the seriousness of the allegation.

Elspeth
03-03-2015, 02:20 PM
Once again this proves it's not what can be proven that counts...just the seriousness of the allegation.

You're not kidding. Take a look at this from last night:

http://www.cotwa.info/

University of Wisconsin panel discussion: men accused of rape should not be innocent until proven guilty

The anti-due process voices on campus aren't bothering to sugarcoat their message anymore. At Berkeley last week, students protested the very notion that their classmates accused of rape should be treated fairly. At Ohio University the week before, angry protesters called due process for college men accused of rape "bullshit." At Penn, angry law students objected to the very idea that 16 of their law professors would go to bat for fair procedures in sexual assault cases.

Last night, anti-due process voices dominated a panel discussion on campus rape at the University of Wisconsin-Madison. According to The College Fix:

A woman who identified herself as a teaching assistant stood up and said she did not feel that the notion of innocent until proven guilty should apply to rape cases because it only helps protect the rights of the accused instead of the victim.

Only one of the panel members spoke out in disagreement with this statement. Klingele, the law professor, said that because she was a legal scholar, she had to disagree with this premise.

One student said she was "horrified" to discover that her accused rapist had due process rights. The rights that troubled her included the right to a hearing and the right to have a written summary of allegations from the accuser. She also decried the fact that "he was not required to speak in his defense."

(More at the link)

Retread
03-03-2015, 07:05 PM
With allowances for what may not be present in the write-ups I've read so far:

In this specific instance the young man was removed from the team, not tossed out of the college. Is this not the perogative of the coach? Can he not decide what public comments he wants his team to have to face? I'm thinking this falls into the same category of a corporation removing, chastising or transferring an employee who reflects poorly on the company. Or maybe into the non-free speech category of a member of the US military.

Or, was the coach/sports director forced by the admin to make the move? Or was it a move by the admin directly without consulting the sports dept? Either of these is a totally different story and one certainly the subject of the due process argument.

If the removal from the team was accompanied by a loss of scholarship and thus forcing the student to withdraw from the college, it seems to me he may have a legitimate court case to file.

Just wondering about the untold details........

txradioguy
03-04-2015, 04:20 AM
You're not kidding. Take a look at this from last night:

http://www.cotwa.info/

University of Wisconsin panel discussion: men accused of rape should not be innocent until proven guilty

The anti-due process voices on campus aren't bothering to sugarcoat their message anymore. At Berkeley last week, students protested the very notion that their classmates accused of rape should be treated fairly. At Ohio University the week before, angry protesters called due process for college men accused of rape "bullshit." At Penn, angry law students objected to the very idea that 16 of their law professors would go to bat for fair procedures in sexual assault cases.

Last night, anti-due process voices dominated a panel discussion on campus rape at the University of Wisconsin-Madison. According to The College Fix:

A woman who identified herself as a teaching assistant stood up and said she did not feel that the notion of innocent until proven guilty should apply to rape cases because it only helps protect the rights of the accused instead of the victim.

Only one of the panel members spoke out in disagreement with this statement. Klingele, the law professor, said that because she was a legal scholar, she had to disagree with this premise.

One student said she was "horrified" to discover that her accused rapist had due process rights. The rights that troubled her included the right to a hearing and the right to have a written summary of allegations from the accuser. She also decried the fact that "he was not required to speak in his defense."

(More at the link)

If you can find a way to justify it for one offense...

NJCardFan
03-04-2015, 05:47 AM
Once again this proves it's not what can be proven that counts...just the seriousness of the allegation.

Ask Kurt Bush about that.

txradioguy
03-04-2015, 06:24 AM
Ask Kurt Bush about that.

Yeah he's going through hell because thanks to the media there is a shoot first ask questions later mentality about this.

I've seen the accusation used in the military as a tool for manipulation or retribution far too many times as well over the last 23 years.