NOT A CHANCE!Genuinely asking. Even though this cleared him to play, is there any chance behind the scenes Brad has been discouraged to play him or any chance he's treated different from the DIA?
NOT A CHANCE!Genuinely asking. Even though this cleared him to play, is there any chance behind the scenes Brad has been discouraged to play him or any chance he's treated different from the DIA?
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?I'm not sure it's over just yet...Per the article below, it seems that they could end up suspending him again.
Terrence Shannon Jr. reinstated to Illinois basketball following court injunction
Judge's ruling lifts Shannon's suspension from the Illini basketball.247sports.com
"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."
Genuinely asking. Even though this cleared him to play, is there any chance behind the scenes Brad has been discouraged to play him or any chance he's treated different from the DIA?
That's not great for the school and program either.Had to be done. It's called a justice system. The University, et al Josh Whitman, acted unjustly in this situation per the court.
Quite a bit to sift through but I think the answers are here: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?
Concur. The University looks bad in this.I simply can't imagine the school not pushing back here....if they can.
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
As long as Phoenix is not deemed international travel, we be good.he’s in a different state than Kansas as is
he’s fine for domestic travel . but maybe not for international travel . not sure
IANAL
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
I lived in Phoenix for 9 years. If we make it there I'm 100% for sure going.
Would require the University to make a finding of fact that sexual misconduct did occur, though.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.
And they’ll likely file an appeal the first chance they get in the second week of April!Concur. The University looks bad in this.
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?!?I'm not sure it's over just yet...Per the article below, it seems that they could end up suspending him again.
Terrence Shannon Jr. reinstated to Illinois basketball following court injunction
Judge's ruling lifts Shannon's suspension from the Illini basketball.247sports.com
"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."
Want to lose a locker room? This is how you lose a locker room.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.
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.That's not great for the school and program either.
I still wonder if this whole process was Josh’s plan all along. Seems like the best of both worlds for TSJ and the university. Just took some time to play out.Had to be done. It's called a justice system. The University, et al Josh Whitman, acted unjustly in this situation per the court.
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)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?
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 oneI 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.
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??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?
I would sincerely hope that Brad and Josh have a completely private, closed-door, off-the-record meeting with TJ and explain in a simple, direct and respectful manner why (they feel) the DIA had to do what it did. And then welcome back and say, "Let's go win some games."Just his teammates....?