Breaking (Lawsuit Against ND)

[Corry]

For the lawyers in the house. Is it normal for people to be listed as John Doe? I could understand if he's was a minor, or if this was a sexual assault case or something. I just don't know why he's allowed to remain anonymous.

 

[Irish#1]

The mom probably thought the kid might end up a star pro athlete and make a few million dollars, so she set up her daughter for the potential gravy train. Heck we all look out for our kids futures.

 

[Domina Nostra]

For the lawyers in the house. Is it normal for people to be listed as John Doe? I could understand if he's was a minor, or if this was a sexual assault case or something. I just don't know why he's allowed to remain anonymous.

Personally, I think you should be able to remain anonymous if you are willing to allow the other side to remain anonymous.

 

[wizards8507]

For the lawyers in the house. Is it normal for people to be listed as John Doe? I could understand if he's was a minor, or if this was a sexual assault case or something. I just don't know why he's allowed to remain anonymous.

I'm certainly not a lawyer, but I believe there are certain mechanisms in place that specifically relate to the relationship between a college student and his or her university that essentially treats them as a minor. Might be related to FERPA or something like that.

 

[Monk]

It sounds like the defendant just realized ND is going to have a large chunk of change piling up from the Weis deal ending.

 

[kmoose]

So, this is basically a scorned ND athlete that doesn't feel he got enough from the university? WTF

Greg Bryant.........

 

[dublinirish]

Greg Bryant.........

lol kid still posts photos of him in ND gear all the time on instagram

 

[phgreek]

The timing of this suit may also support your claim, namely right after midterms. Perhaps his midterm grades continue to threaten the loss of his scholarship, he sees the writing on the wall, and then runs to a lawyer with his story.

Good point...makes sense.

 

[Old Man Mike]

For whatever this is worth:

1). In the real world, looking at "academic records" and high school recommendations is not a science for predicting college success, nor even suitability to face the elite racetrack competition a student will face.... no more so than getting four-stars from a football ratings site predicts success infallibly. People of all backgrounds can get into schools if things and "contacts" or friendly recommenders break their way.

2). anyone might get into school and temporarily go rogue once out of their parental cages. I knew a Genius chem major in my class [like a 5.6 on the old six-point scale] who flunked out when he got obsessed with playing "professional" bridge tournaments --- skipped finals once for a duplicate bridge tournament. The point here is: quit creating mysteries like "how could anyone ... ?" to apply to these situations, when in fact no one should be making up the person's personality for him. People are different. Often WILDLY different.

 

[ND NYC]

if anyone has the names of the people involved in this (mother, daughter, john doe) please private message them to me

 

[Bogtrotter07]

if anyone has the names of the people involved in this (mother, daughter, john doe) please private message them to me

I second that emotion!

 

[drake29]

if anyone has the names of the people involved in this (mother, daughter, john doe) please private message them to me

same her - for the purpose of grading the mother/daughter combo.

 

[dwshade]

I'm confused by this story. Is there any connection to student athletes?

 

[kmoose]

I'm confused by this story. Is there any connection to student athletes?

Seriously? What part of

The male student says the academic coach also arranged sex between her daughter and student athletes on the football and basketball teams.

is confusing you?

 

[Emcee77]

I'm curious about the legal basis for this lawsuit. I assumed it was Title IX, but according to the news reports I've seen such as this one, the complaint was filed in state court. I don't get that. Is there an Indiana state law that prevents harassment of students?

Has anyone seen a copy of the court papers floating around? If so, could you link to them?

 

[dwshade]

Seriously? What part of


is confusing you?

According to the article from the New York Daily News "it references a player on the famed football team who apparently also worked with the academic coach and dated her daughter."

That implies ONE player was dating her daughter at one time. Hardly scandalous.

Response from ND in the same article "As are gratuitous and unfounded references to "student athletes" - an allegation that is nothing more than a cynical attempt to attract publicity." I assume ND has investigated these claims.

So yes I am a little confused if this really involves athletes or not.

 

[Bob Robo]

Interesting that link was also possibly deleted by the university recently. Coincidence or no?
http://diversity.nd.edu/our-stories...lness-in-the-lives-of-african-american-women/

 

[kmoose]

According to the article from the New York Daily News "it references a player on the famed football team who apparently also worked with the academic coach and dated her daughter."

That implies ONE player was dating her daughter at one time. Hardly scandalous.

Response from ND in the same article "As are gratuitous and unfounded references to "student athletes" - an allegation that is nothing more than a cynical attempt to attract publicity." I assume ND has investigated these claims.

So yes I am a little confused if this really involves athletes or not.

The complainant accuses the Academic Coach of doing the same thing to members of both the football AND the basketball team. So, yes, the lawsuit does involve athletes. If you are asking if there is any basis to the claim, then I would submit that none of us knows that answer any more than you.

 

[Irish Knuckles]

This smells like a ton of bullshit to me....

i don't know whether to laugh, be confused or both. definitely a ton of bullshit. why didn't he just report it? top secret nd psych warfare experiment? maybe they hired some cat to get his tongue. gave him pills to be passive? maybe aggressive enough to go to practice, lift weights and play in ball games, but not report it? yup, top secret pills it is. i guess the sex was so traumatizing he had to go back several times. them passive dudes always gettin the hoes.

 

[IrishLax]

From a WNDU report I saw on another site:

-----

Can a sex scandal on the Notre Dame campus be tied to athletes?

In a previous statement, the university called any references to student athletes "unfounded" and "nothing more than a cynical attempt to attract publicity."

A student who is on academic scholarship is suing the school, claiming he was pressured into having a sexual relationship with the daughter of his academic coach.

On Thursday, the student's legal team released a copy of an investigation that was done on behalf of the university.

It states that the academic coach once tried to help a former Notre Dame football player who had stayed at her home for a couple of weeks and dated her daughter.

Anderson Agostino & Keller, P.C. released the following statement Thursday:

The University of Notre Dame refuses to correct its official comment, made by Paul Browne, in response to a recent lawsuit filed against the University and a former academic coach. Even after modifying his original statement to admit that an investigation occurred and the academic coach was terminated, Mr. Browne persisted in restating that the allegations made by the male student are unfounded. It is therefore necessary to release the attached document prepared by an attorney for the University during its investigation into whether the academic coach violated the university's sexual discrimination and harassment policies and Title IX.

This document (LINK ABOVE) is being released in order to protect the student from the substantial undue prejudicial effect of Notre Dame's false statement. This document shows that someone acting on behalf of Notre Dame was aware of the factual basis for the allegations, including a reference to a Notre Dame Football player living at the academic coach's housefor a couple weeks, and who had also "dated" the academic coach's daughter

So their lawyer's justification for the salacious claims is that a football player who "dated" the daughter stayed over at the house for some nights. Good grief.

 

[Legacy]

Indiana Supreme Court Ruling Relieves Employer’s Liability in Respondeat Superior Claims

The Indiana Supreme Court unanimously ruled that the Court of Appeals’ decision and the arguments of the Indiana Trial Lawyers Association misconstrued the prior respondeat superior rulings, and found that liability for sexual misconduct will only apply where “the employee was explicitly authorized or impliedly authorized to touch or confine the victim.” Because of this decision, the question of whether or not an employer is liable for an employee’s actions under respondeat superior can now be resolved on summary judgment, and likely will result in a decision in the employer’s favor.

The Indiana Supreme Court was asked to reverse the Court of Appeals, to keep this type of respondeat superior litigation from spiraling out of control. This was requested on behalf of IACT, the Indiana Chamber of Commerce, the Indiana Insurance Institute, The Indiana School Boards Association, and several other amici (friends of the court).

 

[T Town Tommy]

From a WNDU report I saw on another site:

-----

Can a sex scandal on the Notre Dame campus be tied to athletes?

In a previous statement, the university called any references to student athletes "unfounded" and "nothing more than a cynical attempt to attract publicity."

A student who is on academic scholarship is suing the school, claiming he was pressured into having a sexual relationship with the daughter of his academic coach.

On Thursday, the student's legal team released a copy of an investigation that was done on behalf of the university.

It states that the academic coach once tried to help a former Notre Dame football player who had stayed at her home for a couple of weeks and dated her daughter.

Anderson Agostino & Keller, P.C. released the following statement Thursday:



So their lawyer's justification for the salacious claims is that a football player who "dated" the daughter stayed over at the house for some nights. Good grief.

A couple of things here. It appears the statement made by the university wasn't quite accurate. Even if the relationship between the athlete and the daughter was mutual, it still involved an athlete and the party named in the complaint. If the school knew this, they should have made it public when they released their statement. Simply saying the athlete issue is unfounded seems to me to at least be misleading in the fact that an athlete was involved in some capacity with the mom and daughter.

Secondly, the simple fact that an athlete was staying at the academic counselor's house "for a couple of weeks" can open up a whole lot of issues. Why would an athlete be staying at their house? Dating the daughter? Ok. Is that justification enough for what would appear to be a pretty serious conflict of interest with an athlete and an employee of the school, especially an employee that has the title of academic counselor?

While I think the student is looking for a payday and the lawsuit itself may be frivolous, I do think the optics of the whole thing does not shed a good light on the university. At some point, the issue with academic counselors, tutors, etc., is going to have to be seriously looked at.

Before I get crucified for posting this, I am just trying to give an unbiased opinion based on what I see from all this.

 

[NDgradstudent]

So their lawyer's justification for the salacious claims is that a football player who "dated" the daughter stayed over at the house for some nights. Good grief.

The problem is that ND's PR machine lied by saying that there was no connection to student athletes. They were trying to cover something up.

 

[T Town Tommy]

The problem is that ND's PR machine lied by saying that there was no connection to student athletes. They were trying to cover something up.

I think cover up is a huge leap. Not thinking through the press release beforehand would seem more accurate. Plus, cover up implies wrong doing by the university, which I don't think happened at all.

 

[IrishLax]

A couple of things here. It appears the statement made by the university wasn't quite accurate. Even if the relationship between the athlete and the daughter was mutual, it still involved an athlete and the party named in the complaint. If the school knew this, they should have made it public when they released their statement. Simply saying the athlete issue is unfounded seems to me to at least be misleading in the fact that an athlete was involved in some capacity with the mom and daughter.

Huh? The school said the claims were gratuitous and unfounded... which they were. The filing said athletes were racially profiled and coerced into sex ... which is not even close to "an athlete allegedly stayed over at the daughter's house some nights" which isn't remotely illegal.

Secondly, the simple fact that an athlete was staying at the academic counselor's house "for a couple of weeks" can open up a whole lot of issues. Why would an athlete be staying at their house? Dating the daughter? Ok. Is that justification enough for what would appear to be a pretty serious conflict of interest with an athlete and an employee of the school, especially an employee that has the title of academic counselor?

Yes, but you have to define "a couple weeks" and what "living" means... if he was just dating the daughter for a couple weeks and slept over there a few times a week there isn't any illegal about that. We don't know any of that yet.

While I think the student is looking for a payday and the lawsuit itself may be frivolous, I do think the optics of the whole thing does not shed a good light on the university. At some point, the issue with academic counselors, tutors, etc., is going to have to be seriously looked at.

Before I get crucified for posting this, I am just trying to give an unbiased opinion based on what I see from all this.

I don't think your opinion is way off, but I do think you're playing with a partial deck of cards. The optics are bad because the plaintiff is trying to make them as bad as possible. I expect nothing less in a case like this.

Personally, I'm more concerned about hypothetical NCAA violations than ND having any sort of legal culpability. The academic coach sounds like a very shady character, and usually shady characters aren't above board.

 

[IrishLax]

The problem is that ND's PR machine lied by saying that there was no connection to student athletes. They were trying to cover something up.

Your reading comprehension is terrible. Either that or your work for the lawyer.

The original filing made outlandish claims about many athletes being racially profiled and coerced into sex... those claims are what ND said were "gratuitous and unfounded"... someone sleeping over at the house has literally no bearing on any of the claims brought forth in the suit, it's a truly outrageous stretch to suggest anything to the contrary.

 

[T Town Tommy]

[/QUOTE]

Huh? The school said the claims were gratuitous and unfounded... which they were. The filing said athletes were racially profiled and coerced into sex ... which is not even close to "an athlete allegedly stayed over at the daughter's house some nights" which isn't remotely illegal.

The school said any references to student athletes were "unfounded" and nothing more than a cynical attempt to attract publicity." The problem is, if what the plaintiff's lawyer stated is true, there was a student athlete involved. Maybe indirectly, but they were involved with the two people named in the suit.

Yes, but you have to define "a couple weeks" and what "living" means... if he was just dating the daughter for a couple weeks and slept over there a few times a week there isn't any illegal about that. We don't know any of that yet

.

Nothing illegal about him staying over... whatever the time frame and amount of days were.

I don't think your opinion is way off, but I do think you're playing with a partial deck of cards. The optics are bad because the plaintiff is trying to make them as bad as possible. I expect nothing less in a case like this.

I would argue that the university didn't help their cause with their statement, which seems misleading to me.

Personally, I'm more concerned about hypothetical NCAA violations than ND having any sort of legal culpability. The academic coach sounds like a very shady character, and usually shady characters aren't above board.

I would agree with that.

 

[IrishLax]

The school said any references to student athletes were "unfounded" and nothing more than a cynical attempt to attract publicity." The problem is, if what the plaintiff's lawyer stated is true, there was a student athlete involved. Maybe indirectly, but they were involved with the two people named in the suit.


Nothing illegal about him staying over... whatever the time frame and amount of days were

Tommy... read this: http://media.graytvinc.com/documents/Notre+Dame+sexual+harassment+report.pdf

The lawyers is parsing a small piece of information (that actually doesn't support the claims made by the plaintiff in the filing at all) and spinning it to fit a narrative. The truth is that everything ND said about the claims being gratuitous and unfounded relative to the filings of the case remains pretty darn accurate as we know the facts. There is absolutely no evidence of racially motivated serial sexual coercion of black students by a mother for her daughter... and especially no evidence of that relative to athletes or anyone outside of the plaintiffs personal claims.

 

[koonja]

The baylor half time just had a teaser 'Brian Kelly headed to jail?" What the fuck is that about

 

[irishfanjho15]

The baylor half time just had a teaser 'Brian Kelly headed to jail?" What the fuck is that about

I just posted this in the Baylor/KSU thread. For one it was Clay Travis, for two it has to be about his racially-fueled attack on Grimes