The Rest of College Football

[iam416]

"Student conduct investigators also...in many instances, required a far greater proof than preponderance."

This is straight out of the Dear Colleague letter which requires colleges to apply a "preponderance of the evidence" standard (50.1%) to sexual assault allegations.

Baylor's "rigid approach was not trauma-informed and was overly reliant on the perceived consistency or inconsistency of complainant's statements to the exclusion of other relevant considerations.... [I]ndividual administrators were not adequately trained in the dynamics of sexual and gender-based violence...."

Translation: they relied on testimony from the involved parties and didn't find enough sexual violence. Gotta keep the 1 in 5 number alive. I can tell you it's absolutely an OCR goal/objective/metric to increase sexual violence statistics. Juke 'em.

[The Oracle]

I'm honestly curious, Oracle -- how familiar are you with the OCR's Dear Colleague letter of 2011 (I think)? The summary section of the Baylor findings is textbook tracking of what the OCR NOW considers Title IX violations. Universities now have to act as quasi-criminal justice systems in response to any allegation of sexual violence or risk losing Federal funding.

I can go into this in mind-numbing detail. A relative of mine -- who is as ardent an Obamaniac as you can imagine -- works for OCR and deals with this newly minted issue on a daily basis.

Honestly, not a lot other than knowing it exists. My question about Obama was pretty honest. Snarky tone due to everything supposedly coming back to him in this horrific country. But that's neither here nor there.

My issue with the report is pg 10 on. They either ignored complaints, discouraged "victims" from pursuing due process, improperly handling things internally, etc. It goes higher than Briles, so I don't see how the actions taken by Baylor are controversial. Had to be done.

[Dr. Strangelove]

Baylor failed to take appropriate action to respond to reports of sexual assault and
dating violence reportedly committed by football players. The choices made by football staff
and athletics leadership, in some instances, posed a risk to campus safety and the integrity of the
University. In certain instances, including reports of a sexual assault by multiple football
players, athletics and football personnel affirmatively chose not to report sexual violence and
dating violence to an appropriate administrator outside of athletics. In those instances, football
coaches or staff met directly with a complainant and/or a parent of a complainant and did not
report the misconduct. As a result, no action was taken to support complainants, fairly and
impartially evaluate the conduct under Title IX, address identified cultural concerns within the
football program, or protect campus safety once aware of a potential pattern of sexual violence
by multiple football players]

The bolded strikes me as decent cause to fire people. Coaches go an alleged victims home to confront them and never mention it to anyone else?

[entropy]

strange.. agree. That would seem like a cover up to me.

[Wild Hoss]

The bolded strikes me as decent cause to fire people. Coaches go an alleged victims home to confront them and never mention it to anyone else?

Obama told them to do it.

[iam416]

Yeah, DSL, it's something more, but not much. The bulk of the report is about a failure to adequately comply with the NEW Title IX mandates.

As a result, no action was taken to support complainants, fairly and impartially evaluate the conduct under Title IX, address identified cultural concerns within the football program, or protect campus safety once aware of a potential pattern of sexual violence by multiple football players]

So, again, this conclusion is all about the Dear Colleague Letter. I don't think it's kneejerk or reflexively anti-Obama to discuss the DCL in this context. I also think Briles had to be a better job especially given current OCR attitudes and objectives. I don't really much care that he got fired.

I do care that the DCL has imposed upon Universities an obligation to handle sexual assault allegations, to do in a manner massively favorable to the complainant and to resolve those allegations in favor of the complainant if they think it's 50.1% likely it happened. I also care that it's an absolute goddamn objective of OCR to increase numbers.

So, when I read the entire report, the bulk of it really smells like capitulation to the DCL. They probably have cause to fire Art Briles.

This is probably better left for the politics thread, but some of the big news today is that the States are challenging a similar DCL on transgender stuff.

[Dr. Strangelove]

Title IX may impose all sorts of unreasonable demands on universities. All I can say is that if there's proof that athletics officials personally interrogated complainants and told no one outside of the football staff, and there's a number of incidents like this over 5 years, then they deserve to be canned. It's hard for any reasonable person to think anything but 'coverup' in those circumstances. And this is at a school where a decade ago a head coach was actively trying to cover up a murder.

[iam416]

Title IX may impose all sorts of unreasonable demands on universities.

Title IX does not. Title IX as construed by the current OCR does.

All I can say is that if there's proof that athletics officials personally interrogated complainants and told no one outside of the football staff, and there's a number of incidents like this over 5 years, then they deserve to be canned.

They should have forwarded the complaints along no matter how baseless. I agree. That's the new law. And, I emphasize...NEW law -- i.e., since the OCR said so in 2011. Previously, a member of a football staff would have had no more obligation to handle a sexual violence claim than if some woman told me or you she was sexually assaulted.

[Hannibal]

It's hard for any reasonable person to think anything but 'coverup' in those circumstances.

Even if the alleged victim chose not to press charges?

The Waco police don't report to Art Briles.

[Wild Hoss]

Title IX may also be a convenient mechanism for which to dismiss people without exposing the university to more intensive, lengthy, and ultimately damaging processes.

[iam416]

Even if the alleged victim chose not to press charges?

The underlying assumption, obviously, is that these claims are all true. That's the only way justice was actually subverted -- assuming you also think Baylor ought to be in the business of dispensing justice as opposed to the legal system.

[iam416]

Title IX may also be a convenient mechanism for which to dismiss people without exposing the university to more intensive, lengthy, and ultimately damaging processes.

LOL. Though this certainly is akin to self-reporting, self-flagellation to the NCAA, the OCR ain't the NCAA. Baylor is throwing themselves on their sword and hoping to fucking god the OCR doesn't ream them.

In my relatively substantial experience with Universities, I highly, highly doubt any of them would voluntarily get involved with the OCR and a Title IX shitshow to cover up some other bullshit.

[Dr. Strangelove]

The underlying assumption, obviously, is that these claims are all true. That's the only way justice was actually subverted -- assuming you also think Baylor ought to be in the business of dispensing justice as opposed to the legal system.

My underlying assumption is that rape accusations are not a matter where it's appropriate for the the football program to say "were handling it internally. no one else needs to be involved". No more than if a player were accused of mugging another student or (in Baylor's specific case) one athlete murdering another. "That's an internal issue for the basketball program to decide"

[iam416]

My underlying assumption is that rape accusations are not a matter where it's appropriate for the the football program to say "were handling it internally. no one else needs to be involved". No more than if a player were accused of mugging another student or (in Baylor's specific case) one athlete murdering another

My assumption and firm belief is that rape and murder are matters for the criminal justice system, not the higher education system. We apparently disagree.

[Wild Hoss]

LOL. Though this certainly is akin to self-reporting, self-flagellation to the NCAA, the OCR ain't the NCAA. Baylor is throwing themselves on their sword and hoping to fucking god the OCR doesn't ream them.

In my relatively substantial experience with Universities, I highly, highly doubt any of them would voluntarily get involved with the OCR and a Title IX shitshow to cover up some other bullshit.

Depends on what they have to hide.