The Rest of College Football

[Dr. Strangelove]

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.

I think we agree. Where we apparently disagree is what responsibilities you think Art Briles has when he's made aware of any criminal allegation against one of his players.

[iam416]

Even if the alleged victim chose not to press charges?

To build on this, the football staffer/HC could have asked each of the complainants -- I'm sure they were few in number -- if they're going to press criminal charges. Each could have said no. Each could have said they do not wish to pursue this any further. That would not end their obligations under NEW Title IX.

It HAS to go up the chain. HAS to be reported (Clery Act). HAS TO. DOJ/OCR needs the stats. That Baylor didn't do this is just stupid. So, like I said, I don't much mind that they're getting reamed. It may be a fucking retarded law, but there's no mystery about compliance.

[iam416]

Depends on what they have to hide.

Yeah, maybe if this keeps the Feds from discovering that David Koresh is still alive and well and running Baylor via remote access from a compound in Galveston, ok. But I'm having a hard time thinking of something University counsel and administrators fear more than this.

Where we apparently disagree is what responsibilities you think Art Briles has when he's made aware of any criminal allegation against one of his players.

You're correct. It's a criminal matter or it isn't. Either the complainant presses charges or they don't. If they opt to pursue charges and the DA indicts, THEN Briles MAY act (but see, Duke Lacrosse). I very much do NOT think Briles (or the University) should be the judge and jury. You do. And, hey, you're in good company -- so does the OCR.

[Dr. Strangelove]

Maybe you misunderstand me. I'm not looking for any charges, local, state, or federal, to be made against Art Briles. I'm speaking exclusively to his continued employment.

In my job, if I'm made aware of someone receiving kickbacks from a vendor, and I fail to report it, and my boss finds out, i'm probably getting fired. If a football coach gets told his player committed crimes by another student and a) fails to notify police b) fails to notify anyone outside the football program c) fails to discipline the player in any way...I don't see how anyone can object to that individual being shitcanned.

[Wild Hoss]

Yeah, maybe if this keeps the Feds from discovering that David Koresh is still alive and well and running Baylor via remote access from a compound in Galveston, ok. But I'm having a hard time thinking of something University counsel and administrators fear more than this.

Yeah, I'm thinking that a Baptist university might a little more to fear from a criminal probe or civil proceedings stemming from rampant sexual abuse and misconduct within its AD than an OCR violation.

Even giving Barack Boogeyman and his minions their just due.

[Wild Hoss]

. If a football coach gets told his player committed crimes by another student and a) fails to notify police b) fails to notify anyone outside the football program c) fails to discipline the player in any way...I don't see how anyone can object to that individual being shitcanned.

You must be new to these parts.

[iam416]

If a football coach gets told his player committed crimes by another student and a) fails to notify police b) fails to notify anyone outside the football program c) fails to discipline the player in any way...I don't see how anyone can object to that individual being shitcanned.

The only thing that matters is (b). Notifying the police is probably the WRONG thing to do -- I think you have to let the complainant proceed as THEY wish. Briles got in trouble for (c) -- internal punishment -- that's in the report.

The only proper course is (b). End of story.

As for your hypothetical, it's interesting. If someone had told Briles that his players were stealing laptops, then he would have had NO obligation to report it. He could have handled it internally and then hid behind massive student privacy laws. In fact, I'm not sure there's anything outside of sexual violence that Briles had to report up.

So, I mean, I get your hypo but doesn't it fall apart if you can't draw a principled line between sexual assault and, say, burglary? Isn't it then an arbitrary requirement imposed by OCR?

As I said, I'm fine w/ Briles getting fire mostly because everyone in the University culture ought to know that you HAVE to report this stuff no matter how bullshit. The decision tree is remarkably straight-forward: Is the complaint related to sexual assualt? Yes, report to Title IX coordinator; No, handle any damn way I please.

All that said, I very much object to the notion that IHE should handle sexual assualt accusations in a quasi-criminal proceeding. And it's THAT requirement from which all the Baylor violations flow.

[iam416]

Yeah, I'm thinking that a Baptist university might a little more to fear from a criminal probe or civil proceedings stemming from rampant sexual abuse and misconduct within its AD than an OCR violation.

Even giving Barack Boogeyman and his minions their just due.

Yeah, man, you seem to assume the OCR will be mollified by the report and look no further. That is what I'd call a novel strategy.

And look, you can play it off like it's all some right-wing phantasm. But the letter is real. The various examples of OCR enforcement are real. And the objectives re stats are real (though, on this one, you're forced to take my word).

[Wild Hoss]

Yeah, man, you seem to assume the OCR will be mollified by the report and look no further. That is what I'd call a novel strategy.

And look, you can play it off like it's all some right-wing phantasm. But the letter is real. The various examples of OCR enforcement are real. And the objectives re stats are real (though, on this one, you're forced to take my word).

All I am saying is that there may be consequences Baylor's BOR are more fearful of than OCR sanctions, which make following this procedural path to termination palatable. (The Barack thing was just thrown in there to tweak you a bit. :D ) You assume there aren't...I disagree. NBD.

[Hannibal]

Talent is right that the firing is the appropriate outcome, given the rules. But before the report came out, people were speculating that the contents must be horrifying and embarassing. That Art Briles must be conspiring with the police to cover up crimes, intimidate witnesses, or instructing his players to maintain a Code of Silence and not cooperate with police investigations. Nothing of this nature was alleged in the report. The report shows that Baylor and Briles failed to be detectives on Law and Order SVU: Waco Edition, as required by your Federal Government's Executive Branch.

[iam416]

You assume there aren't...I disagree. NBD.

Word. I didn't say it's impossible, but I feel very strong in my assumption.

[Wild Hoss]

Hanni is pissed because Barack Obama ruined Jim Harbaugh's football camp.

This, of course, will put him at loggerheads with Talent on this issue.

:::grabs popcorn:::

[iam416]

Nothing can stop HARBAUGH!!!! I'm fairly certain OCR now runs proposed DCLs by HARBAUGH!!! for his sign-off.

[Hannibal]

I'm happy because I'm hoping that there is a recruit that we can poach.

Yes, I am that much of a ghoul.

[iam416]

Kellen Mond, baby! Though, he was on his way out anyway -- it's been shaping up to be Auburn/OSU for awhile. But this ought to shove him off the Baylor commit list for sure!

It also ought to eliminate Baylor from the Baron Browning sweepstakes! WoooHooo!

And, god-willing, somehow Chip and Joanna from infernal HGTV Fixer Upper series will get caught up in this and imprisoned.