TSJ Thread

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#227      
I'm no expert on the OSCR
I'm not sure it's over just yet...Per the article below, it seems that they could end up suspending him again.


"Lawless ruled that the university is prohibited from suspending Shannon from the basketball team without first allowing him the protection of policy through the university's Office of Student Conflict Resolution."
Someone correct me if I'm wrong, but I think they'd have to kick him out of school under the OSCR process, which would likely require a guilty verdict, not just a charge?
 
#231      
I'm no expert on the OSCR

Someone correct me if I'm wrong, but I think they'd have to kick him out of school under the OSCR process, which would likely require a guilty verdict, not just a charge?
Quite a bit to sift through but I think the answers are here:


And to add from the FAQ:

Can the University discipline a student for sexual misconduct even if the student is not convicted of a crime?
Yes. The student disciplinary system and the criminal justice system operate independently. The outcome in one does not determine the outcome in the other. In fact, OSCR may proceed with a case within the student disciplinary system even if the matter is never reported to the police.
 
#233      
Here's the money shot, that I just cut-and-pasted from the order:

III. CONCLUSION

For the reasons stated herein, Plaintiff has not shown a likelihood of success on his Title IX claim and is, therefore, not entitled to equitable relief as to Count I. As to Count VI, the Plaintiff has established that he has clearly ascertainable rights that need protection and there is some likelihood of success on the merits. The Court further finds that Plaintiff has no adequate remedy at law and will suffer irreparable harm without an injunction. The potential harm to Plaintiff outweighs any harm to the University. The public interest is not harmed by granting injunctive relief to allow for additional procedural safeguards while he is presumed innocent of the criminal charges. Because Plaintiff financially supports several family members, the Court will not require Plaintiff to post bond. See Wayne Chemical, Inc. v. Columbus Agency Service Corp., 567 F.2d 692, 701 (7th Cir. 1977) (“Under appropriate circumstances bond may be excused, notwithstanding the literal language of Rule 65(c)”). Based on this finding, the Court will not address Plaintiff’s remaining claims.

Therefore, Plaintiff Terrence Shannon, Jr.’s Verified Motion for a Preliminary Injunction (Doc. 10) is GRANTED. IT IS HEREBY ORDERED THAT: Defendant, The Board of Trustees of the University of Illinois, and all of its officers (including, but not limited to, Defendant Timothy Killeen), administration, employees, units, divisions, affiliates, and other agents, are hereby enjoined from continuing to suspend Plaintiff from the basketball team pursuant to the DIA Policy. Defendants are enjoined from suspending Plaintiff from the basketball team without at least affording him the protections of the OSCR Policy. The obligations of Defendants pursuant to this Order are to be construed as broadly as possible. This Order shall remain in effect until modified or terminated by a subsequent order.

ENTER: January 19, 2024

So, do any lawyers want to take a stab at what "without at least affording him the protections of the OSCR Policy" means? Sounds like the university can still suspend him if they afford him those protections? Or am I overthinking this?
 
#234      
Is it 10 days from today and then they/the judge have to make another decision? Asking selfishly because I am considering buying ticket to the game at Ohio State while I have some time off work
 
#238      
Can the University discipline a student for sexual misconduct even if the student is not convicted of a crime?
Yes. The student disciplinary system and the criminal justice system operate independently. The outcome in one does not determine the outcome in the other. In fact, OSCR may proceed with a case within the student disciplinary system even if the matter is never reported to the police.
Would require the University to make a finding of fact that sexual misconduct did occur, though.
 
#240      
I'm not sure it's over just yet...Per the article below, it seems that they could end up suspending him again.


"Lawless ruled that the university is prohibited from suspending Shannon from the basketball team without first allowing him the protection of policy through the university's Office of Student Conflict Resolution."
I'm not sure Shannon would've tweeted that he's happy to be back with his teammates and ready to get back to work if he thought the University or coaching staff would suspend him?!?
 
#241      

texillwek

🔶🔹🔸🔷
While I'm basically 100% sure that he is going to play, this ruling just says that he is cleared to play. Not that he has to be played.

If he wanted, BU could bench him if he wanted, and this ruling would not be implicated at all. He just can't be suspended, at this time.
Want to lose a locker room? This is how you lose a locker room.
 
#242      
That's not great for the school and program either.
I have thought about this a few times. What I am about to say is O-N-L-Y regarding this specific topic, so please nobody infer anything else.

With that said ... I do wonder how recruits see this. We have seen a couple athletes on social media suggest this case is BS, some other athletes like those posts and we have seen two of our own players wearing black tights to show support for Shannon. This is a total guess, but I actually think your average athlete - especially one with a similar upbringing as TJ where basketball was their "way out" of a life trajectory that probably wasn't leading to millions otherwise - probably sees this situation, assumes that TJ is innocent and thanks his lucky stars that the exact same accusation didn't ever come his way. And I kind of worry that (again, rightly or wrongly!) Illinois will come across as particularly - err - ready to dump him?
 
#244      

lstewart53x3

Scottsdale, Arizona
Scenario:

Let’s say TJ is allowed to play this season. His next goal would be the NBA.

I assume during the season, TJ would not have been able to plead down to a misdemeanor because that alone might have been enough to suspend or release him from the team.

After the season, though, could he plead down to a misdemeanor and then declare for the draft? How would NBA teams view that misdemeanor during the draft?
 
#245      
Scenario:

Let’s say TJ is allowed to play this season. His next goal would be the NBA.

I assume during the season, TJ would not have been able to plead down to a misdemeanor because that alone might have been enough to suspend or release him from the team.

After the season, though, could he plead down to a misdemeanor and then declare for the draft? How would NBA teams view that misdemeanor during the draft?
it certainly wouldnt help, but it probably wouldn't be the end of the world for him. teams are willing to look past things (miles bridges)
 
#246      
I don't know if you know the answer to this, but does it give him immunity for the entire season? I'm confused as heck.
To try and cover a few posts this is a temporary order but this is injunctive relief which can be made permanent and guess who decides that. Behind door number 3 the same judge and she has made her feelings clear. I suppose the university could redraft their policy and suspend him again. Good luck on that they couldn't even put the committee in place to do that before April. And on the infentesimal chance they did here comes another TRO. Round one has been won and it is for all practical purposes final. Now the real elephant in the room. Someone mentioned influence on the DA forget that. A committed ideologue who is stubborn, proud and grasping at straws. I fear she is more intransigent. Now the preliminary hearing judge? Different story. The history with the DA is there. Now might the TRO result give her additional cover to hose the DA? You bet. Doubt many NBA teams invest a first round draft choice on someone who is getting free room and board at the Kansas state pen. So unfortunately there is still much at stake and his life will.not be clear until he gets off these charges. Watch the preliminary hearing. Kudos to his lawyers who emphasized irreparable harm at the TRO and struck a chord. Nothing genteel at the preliminary Nothing like the TRO hearing. That will be the entertaining one
 
#247      
Scenario:

Let’s say TJ is allowed to play this season. His next goal would be the NBA.

I assume during the season, TJ would not have been able to plead down to a misdemeanor because that alone might have been enough to suspend or release him from the team.

After the season, though, could he plead down to a misdemeanor and then declare for the draft? How would NBA teams view that misdemeanor during the draft?
Obviously IANAL, but what on Earth would the misdemeanor be?? In plain language, this woman claims he fingered her without asking her if he could, and that constitutes rape under Kansas law. I'm genuinely ignorant here and I do not doubt there is an answer, but the hell could he admit to that would be "not as bad" as that in the eyes of the DA but also still worthy of being in any way guilty??
 
#248      

pruman91

Paducah, Ky
well ,well , well............Loyalty at it's best.............Happiness and joy for 5-10 minutes and now the floodgates of questions has risen it's ugly head with rampant speculations about this and that..........Why , oh way , can't Loyalty be happy and just accept 9it that TSJ is back on the team and can play immediately........He just sent a tweet that he is happy to rejoin his teammates and get back to work
playing the game he loves................

Enough already...........Be happy that he can resume his All American season with the beloved.......Anything else that transpires will be dealt with when that time comes about.........Nobody is going to steal my joy about TSJ's return , so I humbly bid this thread adieu and look forward to seeing that # 0 out on the court come Sunday...........I will still be involved in the other threads but my mind tells me that this has been a good day , NO , a GREAT day , and I am going to get medded up and enjoy this unexpected decision......
I advise all to do the same and take on that.........................................

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approach to life and all things ILLINI.......................I really really do................................

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It's a good day being a die hard Fighting Illini fanatic.........My O & B blood is warm and soothing right now......it really really is....
 
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