Whats this stuff regarding Trev?

[Yoda]

Here is a recent updated Q&A on what education institutions have to do regarding Title IX and sexual harrassment issues involving students...if you are looking for some light legal reading:

https://www2.ed.gov/about/offices/list/ocr/docs/202107-qa-titleix.pdf

Are you could go read Title IX and all the federal regulations associated with it if you have a couple of weeks or months to spare.

I was asking for citations to the specific applicable law(s) that treats students in these situations as "victims" with the onus being on the schools to protect them. Q&A programs are not citations to the specific laws that you referenced. While they might rise to a Title IX policy violation (assuming the school has adopted an individual policy), relationships between student and professor/coach, that in and of itself does not make them illegal by law(s). As with most things, there are additional facts that are required.

And yes, there are examples of when a student and professor/coach employed by a school with Title IX policies prohibiting such conduct generally, can engage in sexual or other relationships without any hint of a Title IX violation. Makes it difficult to have actual laws outlawing the conduct, when it is otherwise perfectly acceptable.

 

[Yoda]

...

Based on U.S. Supreme Court rulings in Gebser v. Lago Vista I.S.D. (1998) and Davis v. Monroe County Board of Education (1999), schools and personnel in the hierarchy of vicarious liability will be held strictly liable (automatically responsible) for sexual harassment against a student when someone in a position to take remedial action has knowledge that the harassment is occurring and exhibits deliberate indifference to correcting the situation.

...

Um...it is not "strict liability" if there is a requirement that deliberate indifference must be demonstrated. That's like saying there is strict liability if negligence is demonstrated. The two are not the same. For it to be truly "strict liability" knowledge (or any other mens rea) would be immaterial, because a mens rea is not required for strict liability.

 

[NU_Alum]

Um...it is not "strict liability" if there is a requirement that deliberate indifference must be demonstrated. That's like saying there is strict liability if negligence is demonstrated. The two are not the same. For it to be truly "strict liability" knowledge (or any other mens rea) would be immaterial, because a mens rea is not required for strict liability.

I was just getting to his posts on this. Thank you for saving me the time.

I figured there wasn't a statute in place in Nebraska covering this and I still haven't seen any duty by Nebraska to report to a new employer (if he had one) about complaints. Title IX certainly doesn't cover/require that in this situation (with the known facts).

I suspect it's more of a money grab and some attempt to get over the embarrassment from the team recording her and then whatever happened at the meeting.

 

[Yoda]

I was just getting to his posts on this. Thank you for saving me the time.

I figured there wasn't a statute in place in Nebraska covering this and I still haven't seen any duty by Nebraska to report to a new employer (if he had one) about complaints. Title IX certainly doesn't cover/require that in this situation (with the known facts).

I suspect it's more of a money grab and some attempt to get over the embarrassment from the team recording her and then whatever happened at the meeting.

I think the biggest issue is going to be what lead to her being "removed" from the team. If she quit/asked to be released form her scholarship after this all became known, then she's got a really big uphill battle to demonstrate "deliberate indifference" for the Title IX allegation (and probably everything else). If she was expelled from the team by the administration, then the reasons why will be relevant. The idea that this is a strict liability thing related to Title IX is amusing.

What is missing from the Complain is any allegation that she made any complaints about the behavior to anyone prior to it being discovered, let alone anyone with the authority to cure/remedy the complaint. Now there's a whole lot of other allegations in the Complaint intended to produce a whole lot of innuendoes, which they have, but no specific allegation of identity, which there is probably a reason for both. They call the "Maren Specials".

 

[Elwood von Kiowa]

I used to love the Chaloupkas at Taco Bell. Do they still have them on the menu?

 

[djlhuskerfan]

So many layers to this! It makes my head hurt. I think the advantage will go to Ashley Scoggins as she has a proven attorney with experience in these type cases. If nothing else, she will get a substantial settlement I believe. Coach Love should have known better and maybe he did. He could have thought nothing would happen to him.

 

[NU_Alum]

So many layers to this! It makes my head hurt. I think the advantage will go to Ashley Scoggins as she has a proven attorney with experience in these type cases. If nothing else, she will get a substantial settlement I believe. Coach Love should have known better and maybe he did. He could have thought nothing would happen to him.

You don't think the University has proven attorneys with experience in Title IX cases? I'm not sure she will get a substantial settlement. She might, still lots of unknowns, but the filing of a complaint is only the beginning.

 

[Speedlimit]

I think the biggest issue is going to be what lead to her being "removed" from the team. If she quit/asked to be released form her scholarship after this all became known, then she's got a really big uphill battle to demonstrate "deliberate indifference" for the Title IX allegation (and probably everything else). If she was expelled from the team by the administration, then the reasons why will be relevant. The idea that this is a strict liability thing related to Title IX is amusing.

What is missing from the Complain is any allegation that she made any complaints about the behavior to anyone prior to it being discovered, let alone anyone with the authority to cure/remedy the complaint. Now there's a whole lot of other allegations in the Complaint intended to produce a whole lot of innuendoes, which they have, but no specific allegation of identity, which there is probably a reason for both. They call the "Maren Specials".

Those specials just about bankrupted Gage County...ignore the law all you want, the plaintiff's attorney will just use it as a powerful sword in their case.

The real issues is how UNL responded after the inappropriate relationship was discovered.

IMO UNL needs to settle this before more dirt comes out, but I'm just a farm kid from Nebraska, so what do I know?

 

[djlhuskerfan]

You don't think the University has proven attorneys with experience in Title IX cases? I'm not sure she will get a substantial settlement. She might, still lots of unknowns, but the filing of a complaint is only the beginning.

It's a shame the university will have to fight this in court because of stupid actions of Coach Love.

 

[Speedlimit]

And that’s exactly what’s wrong in the way lawyers write regulations and laws imo. Hundreds of pages of undecipherable minutia that requires lawyers to unravel which isn’t an accident. To be honest I’m generally on the other side of those twisted laws and dealing with slick defense lawyers. I work in law enforcement and my opinion of many lawyers isn't what I’d call postive. Unfortunately lawyers are a necessary evil imo because of the horrible complexity in the way laws are written by them. Bottom line sounds like employers are damned if they do and also damned if they don’t provide negative information. I’d personally rather get sued for NOT providing damaging information to a perspective employer then sued for supplying that information Nothing surprises me when it comes to these complex crazy laws anymore.... What could possible go wrong with cashless bail?

Still waiting for video to surface with a group of attorneys beating the hell out of one person and killing them....I have seen videos with LE engaging in this behavior, but I am sure at some point video will surface showing the mean and bad attorneys ganging up on someone and killing them or seriously injuring them.

 

[Speedlimit]

You don't think the University has proven attorneys with experience in Title IX cases? I'm not sure she will get a substantial settlement. She might, still lots of unknowns, but the filing of a complaint is only the beginning.

UNL will not use in house counsel for this...they will hire a firm that handles these issues...they probably already have a certain firm they use for these cases..

The plaintiff will also get discovery and depositions. Are there any SF skeletons lurking in the closet to be discovered?

Sometimes heeding Kenny Roger's is the best coarse of action...you got to know when to hold em, know when to fold em.

 

[NU_Alum]

UNL will not use in house counsel for this...they will hire a firm that handles these issues...they probably already have a certain firm they use for these cases..

I didn't mean to imply otherwise. They have inhouse counsel that are good at assessing risks and managing it and litigation.

They'll for sure hire outside counsel to actually try the case. I doubt UNL has many trial attorneys on staff (at least that still get into the courtroom with any regularity).

 

[NU_Alum]

Those specials just about bankrupted Gage County...ignore the law all you want, the plaintiff's attorney will just use it as a powerful sword in their case.

The real issues is how UNL responded after the inappropriate relationship was discovered.

IMO UNL needs to settle this before more dirt comes out, but I'm just a farm kid from Nebraska, so what do I know?

Ignore what law exactly? Is there some duty by UNL to inform future employers of complaints that are filed? Should be an easy answer.

Are student/coach relationships per se illegal? I haven't seen anything that says they are. For sure ill-advised and beyond moronic for one of the parties to be married and doing it, but against the law?

 

['Skers Assualtman]

I think the biggest issue is going to be what lead to her being "removed" from the team. If she quit/asked to be released form her scholarship after this all became known, then she's got a really big uphill battle to demonstrate "deliberate indifference" for the Title IX allegation (and probably everything else). If she was expelled from the team by the administration, then the reasons why will be relevant. The idea that this is a strict liability thing related to Title IX is amusing.

What is missing from the Complain is any allegation that she made any complaints about the behavior to anyone prior to it being discovered, let alone anyone with the authority to cure/remedy the complaint. Now there's a whole lot of other allegations in the Complaint intended to produce a whole lot of innuendoes, which they have, but no specific allegation of identity, which there is probably a reason for both. They call the "Maren Specials".

Can NU simply claim she lied and refused to cooperate in their investigation or do they need additional cause?

 

[NU_Alum]

Can NU simply claim she lied and refused to cooperate in their investigation or do they need additional cause?

If she refused to cooperate with the investigation that's certainly going to work against her. NU would still have had to conduct some other investigation (asked Love, teammates, pull e-mails/texts if possible) but a refusal to cooperate in an investigation would be bad for her at this stage.

I'm not at all aware she did refuse to cooperate nor am I suggesting she did. I have literally no idea.