Bubu
- Thread starter Cyclone07
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Two different things. Bubu V ISU is his appeal of the overturn of the ISU admin judge's finding that there were not sufficient grounds to suspend Bubu for student conduct code violations. That decision was anonymously appealed to Leath, who overturned it. Bubu appealed Leath's decision to the BofR, who upheld Leath's decision. Per student code, the student conduct code case could then be appealed by Bubu, using the legal system. Last winter the appeals judge issued a stay on Bubu's suspension from the basketball team, and he was allowed back on the team (although public comments made by persons not named Fred Hoiberg made it pretty clear he was not welcome there). He did not play. A judge just upheld Bubu's appeal of the suspension.
The civil suit is Bubu vs his accuser and her mother, for defamation of character I think. As things are panning out, it's looking more & more like he has a case.
The civil suit is Bubu vs his accuser and her mother, for defamation of character I think. As things are panning out, it's looking more & more like he has a case.
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This is so ugly, and I still don't get exactly why it's continuing.
But I do find it odd that the ISU Student affairs (??) made the ruling, Leath then upheld the ruling via the appeal, the BOR backed it and the State Attorney defended it (if I'm not mistaken in all that). So there's more than simply Leath and ISU involved here.
No, Leath overturned the original ruling, which was in Bubu's favor. Some anonymous person (most likely the accuser or someone associated with her) appealed the ruling to Leath, and he overturned it, effectively removing Bubu from the team. Leath decided against kicking Bubu out of school, and allowed him to retain his scholarship...but that opens up a whole bunch of side issues.
Basically, everyone within the legal system (including the administrative judge) has ruled in Bubu's favor. Those associated with ISU (Leath, the BofR), ruled against Bubu.
Is the endgame here a settlement for Bubu? Personally, I think he should get some cash out of this ordeal.
I worded my previous post poorly.
From the article:
He also was charged with a violation of the ISU student code of conduct. An administrative law judge (ALJ) found those charges unfounded in May 2013, but that decision was appealed to Leath, who reversed the ALJ’s ruling with an August 2013 ruling that barred Palo from the men’s basketball team among other sanctions. The Regents upheld Leath’s ruling on Palo’s appeal, but a district court later issued a stay of Leath’s ruling in January of this year, allowing Palo to rejoin the team, though he did not appear in any games. - See more at: http://amestrib.com/sports/men-s-ba...ter-recent-palo-decision#sthash.WQDgTVtJ.dpuf
From the article:
He also was charged with a violation of the ISU student code of conduct. An administrative law judge (ALJ) found those charges unfounded in May 2013, but that decision was appealed to Leath, who reversed the ALJ’s ruling with an August 2013 ruling that barred Palo from the men’s basketball team among other sanctions. The Regents upheld Leath’s ruling on Palo’s appeal, but a district court later issued a stay of Leath’s ruling in January of this year, allowing Palo to rejoin the team, though he did not appear in any games. - See more at: http://amestrib.com/sports/men-s-ba...ter-recent-palo-decision#sthash.WQDgTVtJ.dpuf
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I suppose it doesn't matter much, I just want to have my facts straight. According to this article from last winter, ISU' office of Judicial affairs said he violated the code. The Admin law judge found that unfounded. It was then appealed to Leath, the BOR backed it and the district court gave the stay.
So it wasn't initially Leath - although probably acting on his instruction (mostly).
I guess I'm just saying that it isn't Leath alone making this decision, despite how much people want to crucify him for it.
I'm curious how the Admin judge - who by my reading was between the OJA and Leath, could make a "finding", but then it could be appealed to Leath.
Still - I don't really get what is going to be accomplished in the end.
Edit: Ok, thanks for the link KC. This is about a setup for his civil suit against the accuser. In the end, I just hope that the correct decisions are made and justice is done.
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This legal decision might help with his appeal to the NCAA for another year of eligibility, as this would seem to be proof that it was taken from him unjustly. Who knows how the NCAA will view it, though? They're so capricious in their decision making.
As for the civil suit, IIRC he is seeking repayment of legal expenses and unspecified damages. The legal fees alone have to be huge.
As for the civil suit, IIRC he is seeking repayment of legal expenses and unspecified damages. The legal fees alone have to be huge.
Is it real or is it made up or is it hearsay or is it non existent? That is the question.
I don't know for sure but I think that the office of judicial affairs is sort of like a grand jury. Pretty much if there is any chance that there was something wrong they will say you can proceed.
Vindication, maybe? Restoration of reputation, maybe? Recovery of legal expenses? An additional year of eligibility?
If a legal decision went against you, and you felt it was unjust, what steps would you take? Would you follow whatever legal paths were available to you? What would you accomplish in the end?
As for the bolded part...think of it as a prosecutor filing charges against Bubu, and the judge saying to them "you don't have enough evidence to prove that.
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Looks like Houston has a problem. Looks like Bubu wants his reputation fully exonerated which would be a normal approach. Looks like someone may lose some bucks paying all the lawyers. Fees may be in the hundreds of thousands of dollars by now.
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Apparently inside information according to this post:
http://cyclonefanatic.com/forum/showthread.php?t=190942&page=7&p=4121242&viewfull=1#post4121242
I mentioned in an email to Jaime on an unrelated that I thought Leath mishandled the Bubu situation. JP responded that they did the only right thing as they were privy to "inside information" that was not public. He even used the word immoral which makes me nervous as others are making moral judgements on my behalf. I will decide if and when something is immoral to me! But I suppose it's in their job descriptions.
-Cyclonic1
I was speaking more to this particular decision - that ISU doesn't have grounds to punish Bubu. The boat has sailed - but you're correct, it's probably just step 3 out of 20 for some sort of other suit.
Back to the bolded part - I get that. I just find the idea that it goes from the OJA through this judge, but can then be appealed to the president. I take it this judge thing was more of an informative, advisory capacity than actually a legal ruling. That's the part I missed.
"Immoral" does not equate with violation of the law or code of student conduct. If that was the only basis for ISU's decision, then they are in the wrong.
It's highly unlikely that Leath and JP had any information that the county attorney and ALJ didn't have. And it's too bad they used the media to try to play the morality card against BuBu, apparently in an attempt to affect public opinion and/or make sure Fred wouldn't play BuBu. During this process BuBu and Fred have kept their mouths shut while JP and Leath couldn't stop talking, publicly slandering BuBu in the process. Besides being completely unprofessional, some would consider that immoral and now it appears it may be blowing up in their faces.
I must have missed where they intended to continue talk about it. Maybe blame the media for continually bringing it up.... Faux outrage, yeah!!
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