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Title IX: Athletes Can Play Amid Sexual Misconduct Inquiries

The schools and ncaa should be able to do what they want, within reason. I don’t think johnson should have allowed to play. He was charged criminally.
 
And coaches should be able to make decisions regarding discipline and who plays. Due process rights and other fairness standards for school procedures are good, and necessary.

I don’t recall at what point JJ was suspended, but there eventually was a school decision (even if it was unfair and flawed).

If the new rule is just that schools and ncaa can’t suspend a player until the school’s adjudication procedures are followed, I am fine with that.

I wonder how new rule works if player is charged before school adjudication procedures are final?

Player charged criminally with rape during bowl week in Florida, does the rule that he remain active on team?

Generally, ncaa should have no role in this area.
 
mthoopsfan said:
And coaches should be able to make decisions regarding discipline and who plays. Due process rights and other fairness standards for school procedures are good, and necessary.

I don’t recall at what point JJ was suspended, but there eventually was a school decision (even if it was unfair and flawed).

If the new rule is just that schools and ncaa can’t suspend a player until the school’s adjudication procedures are followed, I am fine with that.

I wonder how new rule works if player is charged before school adjudication procedures are final?

Player charged criminally with rape during bowl week in Florida, does the rule that he remain active on team?

Generally, ncaa should have no role in this area.
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I feel like the rape case against UW running back Tybo Rogers would be exhibit A on this sort of thing. Seems like the whole thing is a giant can of worms - when should he have been suspended/kicked off team, etc.
 
With the new rules being put in place by biden admin under Title IX all of the things mentioned above go back to the Kangaroo court days where any legal protections are removed. Men can compete for scholarships, places on teams, use locker rooms and bathrooms if they identify as a woman. Welcome to 1984 only worse.
 
Okay, using Tygo Rogers, see below, what should a coach or school be able to do. He's had a series of incidents.

1. "Rogers, a sophomore running back, is charged with second- and third-degree rape, both felonies and punishable by up to life in prison and up to five years in prison, respectively. He was arrested April 5 and was released the next day after posting bond for 10% of his $300,000 bail, records show."

Rogers entered the plea in person during his arraignment in King County Superior Court in downtown Seattle, where a judge ordered sexual-assault protection orders for the two women. The order requires Rogers to stay away from the women."

Clark spoke on behalf of one of the women during the hearing. “That night, he just immediately started acting aggressive with me, he didn’t even give me the opportunity to consent, he just wanted to aggressively hurt me. We are both UW students, I am afraid of ever seeing him again or that he will send other people to talk to me. I think he’s really dangerous to me, to other people, to the community and to other girls,” she said.

The trial is set for July 8."

2. "The woman had agreed to let Rogers visit her at her Capitol Hill apartment the evening of Oct. 23, but told him that she was not interested in having sex, records show.

After the woman’s roommate left the apartment to go to work, Rogers allegedly grabbed the woman by her face and jaw and tried to force her to perform oral sex, records show.

The woman told Rogers “we shouldn’t do it” multiple times, but Rogers then pushed the woman’s head into the couch and proceeded to rape her, she told police, according to the affidavit.

After Rogers left her apartment, the woman wiped her body with towels and took them to Harborview Medical Center to complete a sexual assault kit, according to court documents.

The woman in late November filed a Title IX complaint against Rogers with the UW, triggering a federally mandated internal investigation, records show."

3. "Court records show Rogers was suspended from team activities around the same time, although it was never officially announced by the athletic department or the coaching staff. Rogers wasn’t in Las Vegas on Dec. 1 for the Pac-12 championship game.

Police investigators believe the Title IX complaint is connected to Rogers being taken off the active travel roster for that game.

“We’re working through some things, some challenges he’s had off the field,” Ryan Grubb, UW’s offensive coordinator at the time and now the offensive coordinator for the Seahawks, told Sports Illustrated’s FanNation site Inside the Huskies on Dec. 13.

“I can’t comment on what it was exactly, but Tybo’s done a great job with being here, listening to directions and just working through this moment and really being a good steward of the team,” he said.

Rogers returned to practice Dec. 15. He played in both the Sugar Bowl on Jan. 1 against Texas and the College Football Playoff championship game against Michigan on Jan. 8."

4. "Then, a 22-year-old woman contacted Seattle police on Feb. 23. She said Rogers raped her sometime between Halloween and Thanksgiving.

The woman, a UW undergraduate, told police she met Rogers at a Halloween party at a house on the campus’s Greek Row. The pair matched on Tinder and eventually decided to meet at her off-campus apartment weeks later, according to a probable cause affidavit from Seattle police.

Rogers became forceful within a minute of entering the woman’s apartment, throwing her onto a bed and ripping off her clothes, the affidavit stated. He allegedly sexually assaulted the woman for about 20 minutes while she repeatedly yelled at him to stop. He at one point choked her, police said.

She told police Rogers left immediately after the alleged assault. The woman said her face and neck were red and sore for days after the attack."

5. "Troy Dannen, Washington’s athletic director until March when he left to take the same job at the University of Nebraska, declined to comment when contacted by The Times on April 10.

Former UW football coach Kalen DeBoer, now the head coach at Alabama, in a statement last week said that he can’t comment due to federal privacy laws but that he “always have and always will follow established institutional policies and procedures to ensure prompt reporting and proper handling of allegations by the appropriate authorities.”


https://www.seattletimes.com/seattl...ybo-rogers-pleads-not-guilty-to-rape-charges/

UW football’s Tybo Rogers pleads not guilty to rape charges | The Seattle Times​


[I have no idea how the new rules would work in this situation.

Should he be allowed to play as long as the school hasn't completeted its required proceeding and taken action against him? What impact, under the new rules, does the latest criminal charge has?

I still think at least the coach may be able to do what he wants at any time in the process. Maybe not the ncaa (they probably should have a rule or role. Schools should have a right and role, but too often they have had bad, unfair and biased rules.]
 
The Constitution of this country guarantees due process. It prevents the government (not individuals) from punishing someone before they have had an opportunity to respond and defend themselves. The University of Montana is an arm of the State of Montana. You may recall that Jordan Johnson was acquitted by a jury in less than three hours after he had an opportunity to defend himself in court against the charges brought by the County Attorney. But ever since his reputation has been tarnished. Before his trial, the President of UM caved to pressure from the United States Department of Justice in a consent decree--the first of its kind--that implemented rules eventually applied on a nationwide basis that permitted the suspension of students who were merely accused of sexual assault.

Should the due process clause be applied to prevent a state university football coach from disciplining his players without a fair hearing? I don't think anyone would suggest that. But there is a big difference between player discipline and criminal proceedings, where the government has the power to incarcerate and deprive the accused of property.
 
GrizRick said:
The Constitution of this country guarantees due process. It prevents the government (not individuals) from punishing someone before they have had an opportunity to respond and defend themselves. The University of Montana is an arm of the State of Montana. You may recall that Jordan Johnson was acquitted by a jury in less than three hours after he had an opportunity to defend himself in court against the charges brought by the County Attorney. But ever since his reputation has been tarnished. Before his trial, the President of UM caved to pressure from the United States Department of Justice in a consent decree--the first of its kind--that implemented rules eventually applied on a nationwide basis that permitted the suspension of students who were merely accused of sexual assault.

Should the due process clause be applied to prevent a state university football coach from disciplining his players without a fair hearing? I don't think anyone would suggest that. But there is a big difference between player discipline and criminal proceedings, where the government has the power to incarcerate and deprive the accused of property.
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Part of the problem is that it's not clear what the due process rights of students are. Criminal due process rights, which are generally defined, don't apply. Courts have decided cases varying ways. Here'a linked article that looked like it was in the ballpark for discussing the subject, but I don't know if or how much of it is right.

 
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