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Illini Women's Basketball Allegations
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<blockquote data-quote="brosox" data-source="post: 1134087" data-attributes="member: 7145"><p>In discrimination cases like this, a defendant has essentially no chance of succeeding with a motion to dismiss because a plaintiff has a very low threshold to successfully allege discrimination. What generally happens in these matters is that, during the discovery process, the defendant will bring out evidence that it did things for non-discriminatory reasons. For instance, in this case the school will likely bring out evidence that the extra "dog pound" practices were to keep benchwarmers in shape and ready to play regardless of their race. The burden will then shift to the plaintiffs to bring out evidence proving that there was a racial motive for such practices. If they can't, then a judge would likely grant the school's motion for summary judgment. If the plaintiffs are able to create a factual dispute on this issue, the judge would likely deny the motion and order a trial on the facts that are legitimately in dispute.</p></blockquote><p></p>
[QUOTE="brosox, post: 1134087, member: 7145"] In discrimination cases like this, a defendant has essentially no chance of succeeding with a motion to dismiss because a plaintiff has a very low threshold to successfully allege discrimination. What generally happens in these matters is that, during the discovery process, the defendant will bring out evidence that it did things for non-discriminatory reasons. For instance, in this case the school will likely bring out evidence that the extra "dog pound" practices were to keep benchwarmers in shape and ready to play regardless of their race. The burden will then shift to the plaintiffs to bring out evidence proving that there was a racial motive for such practices. If they can't, then a judge would likely grant the school's motion for summary judgment. If the plaintiffs are able to create a factual dispute on this issue, the judge would likely deny the motion and order a trial on the facts that are legitimately in dispute. [/QUOTE]
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