Bubu

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I think you misunderstand me. If the administration doesn't want a judge to decide it, don't screw the pooch in the first place. I don't know that they did, but that judge sure paints that picture.

I think a school should decide who gets the honor of representing a school in athletics. With that privilege of deciding comes great responsibility to get it right, especially when dismissing someone with cause. When they don't get it right there is no other recourse except for the courts to step in.

Whatever one thinks about the case, I don't really think the courts have a duty to step in. The schools can just choose to not renew a scholarship if that is their wish. No one has a right to play major college ball.
 
Whatever one thinks about the case, I don't really think the courts have a duty to step in. The schools can just choose to not renew a scholarship if that is their wish. No one has a right to play major college ball.
That is why I italicizes with cause​. It is one thing to let someone go, it is quite a different thing to cite a reason for letting them go. If you choose to do so and those reasons prove to be invalid it changes the complexion of things.

you encounter the same thing when firing at will employees. If you choose to fire them for cause you better have your ducks in a row. If you just let them go without explanation they don't have much to stand on.
 
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Whatever one thinks about the case, I don't really think the courts have a duty to step in. The schools can just choose to not renew a scholarship if that is their wish. No one has a right to play major college ball.

Bubu stayed on scholarship. That is one part of Leath's decision I still don't understand.
 
Leath already explained this. Agree or disagree, he made a simple point that he tried to apply what he felt was correct, but let Bubu finish his education.

Depending on where you are on the spectrum, this is either a conspiracy or trying to show compassion in a balanced decision.

Again, I have opinions, but this statement is trying (probably failing) to be beyond the opinions at this point.

I cannot say nor know if Bubu is guilty/innocent and/or should have received consequence under either the legal or ISU system.

I will say that I find it frustrating for those who so quicly through Leath and Pollard under the bus.

Carry on
 
Leath already explained this. Agree or disagree, he made a simple point that he tried to apply what he felt was correct, but let Bubu finish his education.

Depending on where you are on the spectrum, this is either a conspiracy or trying to show compassion in a balanced decision.

Again, I have opinions, but this statement is trying (probably failing) to be beyond the opinions at this point.

I cannot say nor know if Bubu is guilty/innocent and/or should have received consequence under either the legal or ISU system.

I will say that I find it frustrating for those who so quicly through Leath and Pollard under the bus.

Carry on

I wish I could remember where I read it, but at some point there was a statement in the proceedings that indicated that the student-athlete could pose a danger to others if left on the team. How does that jive with what is best? If Bubu was dangerous to the team (ummmm...Bubu vs Hogue, or Kane, or Ejim? My money wouldn't be on Bubu), he would most certainly be a danger to the thousands of coeds he encountered in his classes and on campus. President Leath's explanation doesn't really pass the smell test to me.

For the record - I think JP was doing what he was told to do. Good news or bad, he's the face of the Athletic Dept, and its primary spokesperson. His statement did not sound like his normal commentary to me - more like "party line". President Leath made it more about Bubu than the court decision when he talked to the press about "honor".

However, to quote you:

Carry on.
 
I will repost the prosecutors guide. Basically they look at all kinds of factors to determine if one had capacity to function or decide. If you slept with a person in a nursing home that had dementia the court would likely find that the person was incapacitated or lacked capacity to decide for example even if they said yes sleep with me.

As Rohclone stated and (he is a much more credible source) the common standard he has experienced for most is passed out or could not speak coherently. The guide I found didn't present a hard line but rather a series of questions to determine if the standard of the "inability to know and control your actions" is met. Those included:
Could the victim walk?
Was the victim staggering?
Could they speak coherently?
Did they remember the events?
Were they coming in and out of conciousness?
We're they unable to perform a basic function like light a cigarette?
Were they able to use their credit card and pay their tab?
Did they use their cell phone to make a call or text someone?

I think I've been exposed to too many radical opinions on that front because I thought the threshold was much lower.

I certainly agree with the interpretation you posted.
 
Leath already explained this. Agree or disagree, he made a simple point that he tried to apply what he felt was correct, but let Bubu finish his education.

Depending on where you are on the spectrum, this is either a conspiracy or trying to show compassion in a balanced decision.

Again, I have opinions, but this statement is trying (probably failing) to be beyond the opinions at this point.

I cannot say nor know if Bubu is guilty/innocent and/or should have received consequence under either the legal or ISU system.

I will say that I find it frustrating for those who so quicly through Leath and Pollard under the bus.

Carry on
So if you think he committed a bad deed and may have had non consensual sex, why let him stay in school and roaming the campus? It just does not add up to the taste test.
 
Because anyone who can grasp the full situation understands his decision.
The full situation is Leath punished someone for his stated reasons (that the scholly resigning with Bubu had already cleared and was valid) who has yet to be proven guilty, who played on the court for a half season in 2013, was temporarily exonerated by the district court judge in 2014, and who now is firing back against the original accusors. By Leath having a suspected rapist stay on campus via a scholly was a strange compromise. Maybe it was more about perception than we think or more about leverage by the Mom.
 
709.1A INCAPACITATION.
As used in this chapter, "incapacitated" means a person is disabled or deprived of ability, as follows:
1. "Mentally incapacitated" means that a person is temporarily incapable of apprising or controlling the person's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance.
2. "Physically helpless" means that a person is unable to communicate an unwillingness to act because the person is unconscious, asleep, or is otherwise physically limited.
3. "Physically incapacitated" means that a person has a bodily impairment or handicap that substantially limits the person's ability to resist or flee.

Clearly "unconscious" is not the only form of incapacitation. There are numerous cases where the victim was asleep and woke up to an intruder raping her.

Who said unconcious is the line? If that is what you think I was saying reread my post. Blackout drunk, probably incapcitated, can't walk or stand up without falling over you are likely incapacitated. If you cannot control your actions or judge the situation you are in you are incapacitated. If the girl/guy isn't going to remember sleeping with you then you shouldn't sleep with them. That isn't the same as being drunk. People could get drunk hundreds of times and never be "incapacitated". The guy who gets kicked out of a bar because they can't stand straight... probably incapacitated. It is subjective but if they meant intoxicated they would have used that word.
 
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If you're that sick of them, then why don't you just ignore them instead of reading them and commenting? This is not old news and, believe it or not, many, many people believe Bubu was screwed over by Leath. The people who are interested enough to read this thread could care less what you think about another Bubu thread.

Absolutely agree Psiclone. If you guys don't like the thread then don't come into the thread and go hang out somewhere else or go do some yardwork or run some errands for your wife/husband/girlfriend.
 
I wish I could remember where I read it, but at some point there was a statement in the proceedings that indicated that the student-athlete could pose a danger to others if left on the team. How does that jive with what is best? If Bubu was dangerous to the team (ummmm...Bubu vs Hogue, or Kane, or Ejim? My money wouldn't be on Bubu), he would most certainly be a danger to the thousands of coeds he encountered in his classes and on campus. President Leath's explanation doesn't really pass the smell test to me.

For the record - I think JP was doing what he was told to do. Good news or bad, he's the face of the Athletic Dept, and its primary spokesperson. His statement did not sound like his normal commentary to me - more like "party line". President Leath made it more about Bubu than the court decision when he talked to the press about "honor".

However, to quote you:

Carry on.

Good points, I don't think anybody was quick to jump on Leath and JP, there was really a series of decisions, statements, etc. that led to the controversy. And I think it's accurate to say that BuBu had the team's (and probably Fred's) support both when he came back the first time during his junior year and when he was reinstated by the court his senior year. The public statements by Leath and JP really made it impossible for Fred to play him because the controversy would have resulted in a media circus, which Fred and the team didn't need. And Leath's statement about agreeing with the findings of the ALJ but not agreeing with the application of the ruling just didn't make any sense to me since the ALJ ruled that the charges of student code violations against BuBu were unfounded. Guess we'll all just have to wait and see how it all shakes out.
 
I support a school being able to determine who represents the school.

Well they did not have to renew his scholarship in June. Hoiberg could have kicked him off the team for any reason. Leath just couldnt kick him off as punishment in a formal proceeding for this. The courts have oversight over administrative law, as they should. This is a strawman.
 
By the way, Leath just announced that Bubu will not be allowed to play in the Capital City League this summer....

(:jimlad: if needed for some of you)
 
Well they did not have to renew his scholarship in June. Hoiberg could have kicked him off the team for any reason. Leath just couldnt kick him off as punishment in a formal proceeding for this. The courts have oversight over administrative law, as they should. This is a strawman.
Your entire command of this matter is shakey. You should be careful throwing around terms like strawman.
 
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