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I agree with the point you’re getting at, but I think the biggest difference is TSJ isn’t an employee. (And the NCAA has gone to great lengths to make sure there is a distinction.) Different set of rules.
So IU should presume TSJ is "sort of guilty" and put his life on hold? I guess I'm not understanding why UI should not presume that TSJ is innocent?
This was my question earlier…what are the rules? Does the NCAA just let the universities make them? Does the NCAA wait for the media to create a ruling based on public opinion and then act? Does the NCAA even have a purpose?
Under the at-will employment law, a version of which exists in every state, Holiday Inn absolutely would have the right to fire someone based on an as-yet-unproven criminal allegation. They can also fire someone because they root for the Illini or for no reason at all. Typically, employers are only prohibited from firing someone for discriminatory reasons based on an employer's legally protected personal characteristic (race, sex, religion, etc.), and in some cases retaliatory firings for reporting workplace misconduct are also outlawed. Some employees might also be protected by an employment contract, but a Holiday Inn worker wouldn't be.
Most cases I've seen on the news end with people getting fired. For example, a principal in one of the school districts was caught up in a prostitution sting recently and was busted for solicitation of prostitution (or whatever the charge is called for that). He was terminated almost immediately. In criminal cases, employers normally don't wait for the criminal proceedings to be completed.
This is a University, a higher education institution. Whether you agree or not, it don’t work the same way as any regular employer. The code of conduct clearly states immediate suspension triggered once legal charges brought
We can all agree that college athletics is a big business, but in reality University of Illinois doesn’t exist solely for athletics. And college athletics (right or wrong) is still seen as an extracurricular. They have not suspended him from the university and he still has access to the facilities. So your example isn’t a true comparison. If they suspended him from school then you have a point.
The difference is if you fire an employee because of an allegation like this, who is later found innocent there is a pretty clear path for that employee to sue you blind. In regards to TSJs situation, he’s “allowed” to attend the UofI as a student athlete and they can revoke that privilege for pretty much any reason.
At the place I work, there have been several instances over the years of alleged sexual harassment, inappropriate touching, or even assault, many of these stemming from an offsite incident at a bar during happy hour. I can't say I know the details of each case, though what's alleged to have happened passes through the company like wildfire. Sometimes what has been alleged is well over the line if true, and sometimes it seems dubious or someone making a giant leap in interpretation.
A key difference here is that Shannon wasn't fired, he's been suspended until the legal issue is resolved. There's no presumption of guilt or innocence, this is standard practice in many scenarios.
I actually run r/CollegeBasketball for what it's worth, along with a few other people. We don't allow any threads unless there's a material update, like the police report front page, etc. The comments usually trickle in on those threads, and also the post game Northwestern thread had a bit. I generally won't transfer info from here to there, but I have corrected people referencing Loyalty. I know there's a lot of overlap between here and there.
Faculty and administrators of educational institutions usually have a “morals clause” in their contracts. Tenure won’t won’t protect a professor from rape charges, of course, although a consensual relationship with an undergrad usually won’t get you fired although it may go on your Permanent Record.
