TSJ Thread

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#151      
I understand 0 tolerance on sexual assault but what happened to innocent until proven guilty?

No expert on University policy, but I don't believe Universities operate under the same ideals as the legal/criminal system, or even use the same process. Maybe someone more knowledgeable can comment, but they have internal processes that would need to be challenged in civil court. They can boot/suspend students under their administrative protocols (and do). I seem to recall some students who were booted from Illinois for having a party off campus with underage drinking. No one was arrested, but they held a hearing and decided they violated policy and tossed them.
 
#152      

JW

Vancouver
As a public institution, I would hope U of I is run in a manner consistent with the principles of the U.S. Constitution, even when it is difficult, from the 14th amendment:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
No offense, but this is profoundly ignorant and laughable. The University of Illinois isn't violating any of Shannon Jr's constitutional rights.

It also seems many in the forum fundamentally do not understand the application of the presumption of innocence. Shannon has this protection in his legal proceedings in Kansas. The presumption is not applicable to his participation with the basketball team.

Further, as Whitman mentioned in his press conference, Shannon retains his scholarship.
 
#153      
Just curious, but JW went out of his way multiple times to state the separation of the university, DIA, and the team from the situation but he also said it was people associated with the University who drove TSJ to Kansas and back. Does that seem odd? I wouldn't think the University would transport a non-athlete student to another state to face charges.
 
#154      
I think it basically impossible that TSJ could be reinstated before hearing on 1/18. The panel will continue his suspension in the short term absent some big revelations from what we know now.
But if I am TSJ's legal counsel I am going before the panel and asking what their standards would be for reinstating him. I would want to know and get on the record the standard with the idea of negotiating with the DA to drop the rape charge or maybe even plea to a lesser charge by 1/18 - hoping to get a suspended sentence (no jail time unless he reoffends) and do some public service like PSA's about consent that could also be used to rehab my client's image. Given the reluctance to charge, this might be possible. Get this on the record in court and done when you are before the judge on 1/18 so it could be approved then. Tell the DA that this is only way they can get a plea in the case if they do it before ruining TSJ's life - assuming the panel would be OK if he accepts responsibility for a very minor misdemeanor sex assault charge. Maybe the panel says his punishment is suspension from the team for time served and a game or two more. But I know very little about criminal practice. I only know I would want some commitment from the panel of how they would respond, and know that they would stick with it.
Where does your "very minor misdemeanor sex assault" collide with Josh's "zero tolerance policy?" Serious question and I do not know the answer.
 
#155      

JW

Vancouver
Just curious, but JW went out of his way multiple times to state the separation of the university, DIA, and the team from the situation but he also said it was people associated with the University who drove TSJ to Kansas and back. Does that seem odd? I wouldn't think the University would transport a non-athlete student to another state to face charges.
Agreed and good catch. I noticed that comment and thought it might appear inappropriate.

If any regular student at the university were in the same position, would they be escorted by university officials in the same manner?

But I don't know the details so I reserve criticism.
 
#159      
I don't think there is "very minor misdemeanor sex assault". If TJ pleads guilty to sexual assault, I cannot imagine he'll return to the team.
Yes, I agree. I don't think there is such a thing. I asked that question in reply to someone who mentioned TSJ accepting responsibility for that very thing. But maybe the University would look at it differently. I truly don't know. My leaning would be if there is admission of any level of assault, he won't be back.
 
#160      
Yes, I agree. I don't think there is such a thing. I asked that question in reply to someone who mentioned TSJ accepting responsibility for that very thing. But maybe the University would look at it differently. I truly don't know. My leaning would be if there is admission of any level of assault, he won't be back.
Right admission he’s not back…

Take it to court and he’s not back…

No win situation for all parties.
 
#164      
!!!!!!!!. Man I’m furious. This is going to ruin the kids life. Two drunk stupid kids hooking up in a bar. Goddamn it!

Starting to think that weird random tweet had some validity.

I’m saying it. This “me too” movement has gone too far. Unfortunately I’ve seen this happen to clients of mine and have been called to the stands because of nonsense like this. The accusers have complete immunity.

Or maybe, just don't put yourself in a situation where something like that could happen. Just sayin'.
 
#165      

JW

Vancouver
Is there any world where TSJ sues the university to reinstate him based on his due process rights and presumption of innocence?
Yes - in Delusion Land. Or in a world where this version of the Constitution doesn't exist.

The presumption of innocence applies in his legal proceedings.

As for due process, he is not being arbitrarily expelled from the university. He even remains on scholarship. He is simply temporarily denied the ability to participate with the basketball team because he was charged with the very serious crime of rape.
 
#166      
Or maybe, just don't put yourself in a situation where something like that could happen. Just sayin'.
I agree, however, I would love to take a look at any footage the bar may have of the "encounter." Would be useful to determine how much "force" took place. Or, it may completely corroborate the charges.
 
#170      
This isn't realistic for, I'd hazard, the majority of college students. I get that he has a lot to lose, but I don't think that means he shouldn't be able to enjoy consensual encounters with women.

I agree. But if a female says no, regardless of what level of contact it is, one should have enough self control to know when to stop.
 
#171      

Chad Fleck

Eureka, IL
Or maybe, just don't put yourself in a situation where something like that could happen. Just sayin'.
Yep, those are things I never would do or did.

1. Drunkenness
2. Fool around before marriage.

We should stop thinking these things are okay because they are so prevalent.
 
#173      
I haven't read all posts (I almost always do but I'm at the game)....but I just need to voice my support for Josh Whitman and his team on the DIA. He has handled this impeccably so far. He was actually extremely forthcoming in his presser without saying anything that could interfere with the process. Whether TSJ gets his name cleared promptly or not, I'm proud of who we are as a university.

A lot of people who are actively trying to be outraged right now.
 
#175      
from the news gazette: "the Illinois athletic director said he did not see the charging report until Thursday after a DIA staffer retrieved it from social media." seems bizarre that this report would be available on social media before the Lawrence PD sends it to UIPD/JW. they were clearly asking for any kind of report or written information from them.
 
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