Sweeping Sexual Assault Suit Filed Against UT

[I40flyer]

Is there ever going to be a trial? The T-shirt concession should do well, they could sell, those that would appeal to either side, not to mention the hats and other "fan" products, as near to the courthouse as possible. Forget getting a seat-the press will have the place packed. If possible, I might like to attend-anyone else thinking about going??

 

[CoaxialOrange]

Just part of the plan. Throw s*** at the wall every couple weeks hope it sticks trying to keep it in the news.

 

[VolsRule]

There will be a settlement in a couple of months and all this will go away quickly and quietly---no big deal.

 

[WilliamDuVOL]

There will be a settlement in a couple of months and all this will go away quickly and quietly---no big deal.

I highly doubt that, nor should there be. These people are asking for a nine figure sum. Even a smaller portion of that would potentially ruin Tennessee financially, or at the very least absolutely cripple all of its programs.

These people have nothing but spin, conjecture, and the helping hand of the media to drive this forward. The longer this goes on and the more that comes to light, I'd be willing to bet things begin looking better for UT.

I must reiterate, I would tend to believe ALL of these women had a legitimate case were the lawyers not throwing whatever they can at the wall to see what sticks and asking for such a ludicrous sum of money. Keep in mind, the lawyers will likely get around 30% of whatever they are seeking in settlement. Currently, it's likely enough that they could never work another day in their lives.

That is not justice, that is extortion and a sick twisting of the justice system that is only going to hard educational institutions and REAL victims of sexual assault.

 

[Volsfaninva917]

There will be a settlement in a couple of months and all this will go away quickly and quietly---no big deal.

I think UT would be willing to settle with a couple of the Plaintiffs but not all

 

[VFL-82-JP]

I think UT would be willing to settle with a couple of the Plaintiffs but not all

I'm certainly no lawyer, but I don't think UT could settle with any sub-set of the plaintiffs named in this suit.

This is not an amalgamation of all the criminal cases, past and present, involving the accusers. This is a single civil suit, brought by one legal entity (the plaintiffs as a group, represented by the lawyer who brought them together). I think it's probably indivisible.

Now, whether one or more of those plaintiffs might choose to remove themselves from that group for whatever reason, that's a different matter. Wouldn't change the existence of the entity, would just change its composition. And for that matter, they could add new plaintiffs (as they already have once), again without changing the basic nature of the case.

That's not an observation based on the law, just one based on logic. So it could be wrong, heh. Sometimes our legal system seems to defy logic.

 

[Volsfaninva917]

I'm certainly no lawyer, but I don't think UT could settle with any sub-set of the plaintiffs named in this suit.

This is not an amalgamation of all the criminal cases, past and present, involving the accusers. This is a single civil suit, brought by one legal entity (the plaintiffs as a group, represented by the lawyer who brought them together). I think it's probably indivisible.

Now, whether one or more of those plaintiffs might choose to remove themselves from that group for whatever reason, that's a different matter. Wouldn't change the existence of the entity, would just change its composition. And for that matter, they could add new plaintiffs (as they already have once), again without changing the basic nature of the case.

That's not an observation based on the law, just one based on logic. So it could be wrong, heh. Sometimes our legal system seems to defy logic.

I understand but I'm just curious why UT asked the courts to drop some of the complaints instead of all?

 

[jkleno]

Not new, but ESPN is trying to get money out of the old story to make us look bad. Typical

Thanks

 

[VFL-82-JP]

I understand but I'm just curious why UT asked the courts to drop some of the complaints instead of all?

Yeah, the request to drop the 1996 incident involving Peyton from the case. Seems like the UT legal team was trying some logic out on the judge, of the "hey this one element is an outlier, separated by a pretty big body of time from all the other elements; it doesn't seem to fit and might have nothing to do with anyone currently attending or working for UT." Just asking the judge to chop off the bits that stick out at weird, illogical angles, so to speak, the bit that doesn't seem to pertain to the complaint about today's culture.

And I don't think UT would ever settle (again) with Nusmeier (sp?) over that 1996 incident. She's had her day in civil court on the matter, and more than once. Now she's just trying to get a third bite at the apple.

 

[Volnukem]

Just received an email from Vincent Carilli with the following message and links:

Last year the university began releasing an annual update on reports of student-on-student sexual misconduct and our efforts to assist students who report incidents of sexual violence and misconduct.
We want all of our students to know that the university will support them if they choose to report an incident. The university's process for investigating reports is designed to be thorough, timely, and fair to both parties. We want to reiterate that the university extends care and support to all students regardless of whether they choose to pursue campus discipline and/or criminal prosecution against the respondent.
We are releasing two updates that cover calendar year 2015.
The first update reflects the number of sexual assaults that were reported to the university by students, where the incidents occurred, and how the university resolved those cases. The second update details the level of care and types of services that the university extended to students who reported an incident.
While these updates summarize the number of reports, cases, and services, it's important to note that every single number reflects the unique experience of one of our own students.
We are making progress on raising awareness across campus about these important issues. We are strengthening our prevention efforts and methods for extending care and services to every student who reports and needs our help.
We have added an educational component to First Year Studies 100 and reinforced our messages throughout new student orientation. We have increased staff within the Center for Health Education and Wellness; added training for students, faculty, and staff; and engaged more students in delivering our programs. We have also launched promotional campaigns and events to explore issues of consent and raise awareness of the options for reporting a sexual assault.
In addition to these efforts, the University of Tennessee is one of only twenty-seven schools in the nation to receive a $300,000 grant from the Department of Justice's Office on Violence Against Women. The grant will broaden our training, programming, and advocacy work.
We are committed to moving forward with this work and we encourage you to get involved. I want to thank you for your commitment to preventing sexual misconduct and your willingness to support one another.
As I “Hiked the Hill” to begin Sexual Assault Awareness month, I was reminded of the power of collective effort. Together, as a community, we can make a difference.
Thank you,
Vincent Carilli
Vice Chancellor for Student Life

First Update

Second Update

 

[Iam4utalways]

I understand but I'm just curious why UT asked the courts to drop some of the complaints instead of all?

They are saving logic for the jury, logic has nothing to do with law. It's all about the "letter of the law" and precedent.

They will just say to a jury, "20 years of rape culture and no convicted rapists, nobody is that effecient".

And I know there are two trials getting ready to get started, and I have no idea what happened at AJ's off campus apartment the night in question, I just hope they all get what they deserve.

 

[Iam4utalways]

Just received an email from Vincent Carilli with the following message and links:



First Update

Second Update

Sexual Assault Awareness Month should be Sexual Assault Prevention Month.

Those assaulted don't give a flip about awareness, but prevention, I bet they would sign up for that.

 

[volfan102455]

Sexual Assault Awareness Month should be Sexual Assault Prevention Month.

Those assaulted don't give a flip about awareness, but prevention, I bet they would sign up for that.

Good Grief! What do you propose - lock them in their rooms?

A University cannot prevent an individual from doing anything. A University cannot make a student go to class. A University cannot make a student play nice with others. A University cannot make a person stay away from a party where drinking is going on.

All a university can do - all any community can do - all a parent can do - is make someone aware of those situations that may lead to something bad happening.

At some point the INDIVIDUAL has to take responsibility for their choices and the INDIVIDUAL has to PREVENT themselves from getting into situations that can lead to things happening that the INDIVIDUAL will regret the next day.

 

[volfan102455]

They are saving logic for the jury, logic has nothing to do with law. It's all about the "letter of the law" and precedent.

They will just say to a jury, "20 years of rape culture and no convicted rapists, nobody is that effecient".

And I know there are two trials getting ready to get started, and I have no idea what happened at AJ's off campus apartment the night in question, I just hope they all get what they deserve.

What if the truth is that nothing happened? Does your hope "they all get what they deserve" include a falsely accused person of getting back what was taken from them?

 

[Iam4utalways]

Good Grief! What do you propose - lock them in their rooms?

A University cannot prevent an individual from doing anything. A University cannot make a student go to class. A University cannot make a student play nice with others. A University cannot make a person stay away from a party where drinking is going on.

All a university can do - all any community can do - all a parent can do - is make someone aware of those situations that may lead to something bad happening.

At some point the INDIVIDUAL has to take responsibility for their choices and the INDIVIDUAL has to PREVENT themselves from getting into situations that can lead to things happening that the INDIVIDUAL will regret the next day.

I agree.

The accused has the same responsibility of conducting themselves in a certain way.

If the plan is get them drunk so they will have sex, the person that makes that plan is a scum bag.

 

[Iam4utalways]

What if the truth is that nothing happened? Does your hope "they all get what they deserve" include a falsely accused person of getting back what was taken from them?

You can't give back what was taken. But yes, a person making an accusation that is based off a lie, I've got nothing but vengeance. I've got no problem with a liar being called out.

 

[AM64]

Honestly, I question their motives.

I question the Tennessean's honesty. No doubts about the motives.

 

[Boca Vol]

Yeah, the request to drop the 1996 incident involving Peyton from the case. Seems like the UT legal team was trying some logic out on the judge, of the "hey this one element is an outlier, separated by a pretty big body of time from all the other elements; it doesn't seem to fit and might have nothing to do with anyone currently attending or working for UT." Just asking the judge to chop off the bits that stick out at weird, illogical angles, so to speak, the bit that doesn't seem to pertain to the complaint about today's culture.

And I don't think UT would ever settle (again) with Nusmeier (sp?) over that 1996 incident. She's had her day in civil court on the matter, and more than once. Now she's just trying to get a third bite at the apple.

Is Naughright a plaintiff? I didn't think she was.

 

[AM64]

Just part of the plan. Throw s*** at the wall every couple weeks hope it sticks trying to keep it in the news.

As the lawyers watch it slide down the wall, they are probably having visions of dollars going down the drain. Hypotheticals like this one maybe come from desperation - seeing the hope of a big fat out of court settlement melting away.

 

[VFL-82-JP]

Is Naughright a plaintiff? I didn't think she was.

Isn't she? I mean, the plaintiffs are generally not named, but I assumed from the inclusion of the 1996 incident that she is one of the women rounded up by this lawyer.

 

[AM64]

I think UT would be willing to settle with a couple of the Plaintiffs but not all

That wouldn't seem possible since this is against UT for failing Title IX obligations to make it a "safe" campus - free of sexual harassment. Appearances would have to be that if you failed some, then you failed all.

 

[Iam4utalways]

Is Naughright a plaintiff? I didn't think she was.

I didn't think she was. I was thinking that incident was included to gain publicity for a rediculous premis, just to get a quick payoff.

The lawsuit claims rape culture, a mooning or a Tbagging, is not tape, but I guess it would be part of a rape culture.

 

[AM64]

Good Grief! What do you propose - lock them in their rooms?

A University cannot prevent an individual from doing anything. A University cannot make a student go to class. A University cannot make a student play nice with others. A University cannot make a person stay away from a party where drinking is going on.

All a university can do - all any community can do - all a parent can do - is make someone aware of those situations that may lead to something bad happening.

At some point the INDIVIDUAL has to take responsibility for their choices and the INDIVIDUAL has to PREVENT themselves from getting into situations that can lead to things happening that the INDIVIDUAL will regret the next day.

I wish what you said could be a sticky that pops up from time to time to remind people that we do what we do. Yes, people can be forced to do things against their will; but generally we have the choice. Whether we heed what we've learned is ultimately up to us. If we act with impaired judgment due to alcohol or drugs, it was our choice that made us impaired. If one person offers another alcohol to affect an outcome, that's on the person offering; if the other person willingly takes the drink, that's on him or her.

Rule makers need to understand the concept of changing what you can, accepting what you can't, and having the wisdom to know the difference. Perhaps if they did, the absurdity of Title IX wouldn't put schools in the position failing to make the impossible happen. There's nothing wrong with striving for better; there's everything wrong with failing to understand limits in changing human behavior.

 

[State of the Vols]

I question the Tennessean's honesty. No doubts about the motives.

Eight days after the start of the investigation, Butch stated publicly that he had "no dialogue at all" with either Johnson or Williams regarding the matter. His phone records show otherwise. You question whose honesty??? :ermm:

 

[ntxVOL]

Eight days after the start of the investigation, Butch stated publicly that he had "no dialogue at all" with either Johnson or Williams regarding the matter. His phone records show otherwise. You question whose honesty??? :ermm:

Link?