The times she was willing weren’t what he was punished for.
Ok. i just texted my daughter. She doesn’t have Yale. She said no way would she have picked Yale. 
Very hard to have picked Yale unless they are affiliated with the school. Good for her if she did. My first reaction when I heard about captain getting kicked off was it isn’t like they will get to NCAA or get past first round.
There is a lawsuit in Texas, too.
From the link above…
I am morally certain that he, his lawyer, and his parents, are NOT going to argue that “he deserves at the very least a criminal investigation.” He does not want a criminal investigation, even if there’s very little chance he would be charged at the end of it. Thanks, but no thanks. Expulsion is a serious penalty, but prison is a much, much more serious penalty. Based on the descriptions of him in the press, he sounds like the kind of guy who would be in Skull & Bones, or Scroll & Key, or Wolf’s Head. I’ll bet there are some alums willing to give him a job and a chance. His life isn’t over.
What I think he deserves – and what, honestly, he may well have gotten as a practical matter, because we really don’t have enough information to tell – is some basic due process protections, including cross-examination, discovery, the right to present witnesses, and assistance of counsel, and an unbiased, trained fact-finder using a standard of proof somewhat more compelling than 50.01% likelihood. He didn’t clearly have a right to all of that, but it’s possible that the Yale proceedings were conducted in a way that gave him most of it. Or not. I also don’t think colleges should be in the business of finely parsing bedroom manners at all . . . but not knowing what the actual dispute was about here, I don’t know whether this particular inquiry involved that or not.
I am also morally certain that there’s quite a bit more to the story than the few facts on which the parties were in agreement. I could easily tell a story that would horrify everyone that would be completely consistent with the facts laid out by Montague’s lawyer. There could easily have been clear proof of an unambiguous criminal rape here, albeit not one that was easy to prosecute (or one the victim wanted to prosecute). Or not, because of course I could tell many stories in which Montague’s punishment seems terribly unfair, also consistent with the few facts we know.
I have also found myself influenced by the hint in Yale’s statement that maybe this particular incident was not the only basis for the expulsion. It would change a lot if similar accusations had been made against him in the past, and found to have some merit, or not found to have merit but maybe in retrospect they should have been. It would change a lot if others came forward with similar stories after this one came to the university’s attention. It would change a whole lot – and explain a whole lot – if he were already on probation from a similar charge. We don’t know any of this, one way or the other, but it’s hardly out of the question; given the general pattern of Yale discipline, it seems rather more likely than not.
I’m really happy for the guys on the team. Great job!
I think I’ve been very clear in saying that I don’t have a clue as to what, if anything, Montague did. I’m just not going to jump to the conclusion that the fact he’s hired an attorney who hired a PR firm which put out a release with a summary of what purportedly happened means he didn’t do something wrong. When @runswimyoga says
[quote]
Thats an awful lot of punishment for the amount of times this girl willingly took off her clothes and went to bed with him… and got back in bed with him that night …/quotehe’s assuming the PR release is a full and accurate statement of what happened…and to me, that’s I unfair.
NOW I DO NOT KNOW WHAT HAPPENED but…I can imagine scenarios in which every word of the press release was true, but I’d still vote for expulsion. We don’t know what happened. Maybe the expulsion was warranted; maybe it wasn’t.
I feel pretty sorry for her because whatever was reported had to have been really, really bad to make Yale expel this guy and she’s also got to live with the episode and the results of whatever she said to the Title iX officer and I’m sure if they slept together 4 times…people know who she is. College can be a bubble but this will be hanging out there for years and years to come if there is a lawsuit. As far as him, reports sound like he had a strong Christian upbringing so hopefully he has alot of supports to get him through this and whatever the next steps are. These things just make me infinitely sad when I’m not angry…in some ways I think life is way more complicated for young people than it used to be.
Yes. Who would want to undergo a criminal investigation? In my opinion, people who advocate solely for criminal investigations are really advocating for no investigations.
Is Montague asking for a criminal investigation?
Some friend…
I would not want a friend to disclose this.
“I wonder what Montague will sue for. By that I mean what will his “cause of action” be?”
With private schools, the causes of action are typically (i) breach of contract and (ii) discrimination against the plaintiff on account of his sex.
You don’t necessarily have to get the court to decide in your favor in order to get a positive outcome from such a lawsuit. Note the Sterett case at Michigan; it settled, but the terms of the settlement were a clear win for the expelled student.
What was the settlement in the Sterett case?
Oh, his friends have been running around giving interviews with the “facts.” I assume that’s because Montague signed a confidentiality statement…so he’s using surrogates. But maybe that’s unfair…maybe they did it on their own. Maybe even his dad’s statements to the press were made without his approval.
I did not post this for kicks. We have a lot of lawyers here. Is this illegal?
Do schools have the legal right to do this?
@dstark: The settlement which came out of court mandated mediation states that university (UofM) will “vacate” its findings that Sterrett sexually assaulted the woman. If any third parties make inquiries about Sterrett, the university has to say he didn’t violate any student regulations while attending U-M. In exchange, Sterrett agreed to drop the lawsuit and not sue the accuser and he cannot rematriculate at UofM (I doubt he would want to). He wasn’t a senior, 3 months from graduation, but he was rescinded from another college somewhere along the timeline prior to the settlement so he’s been kicking around for many years. There’s still 80+ lawsuits out there to be settled so who knows.
well he has found a job at least…
For me, the “supporter” lost all credibility with the third and fourth sentences of the article:
Wow, so according to the anonymous source, the complainant is a tramp, not like the nice girl he supposedly started dating later?
@momofthreeboys, thanks.
I don’t see this as a big win. A win, yes.
I read your post and you didn’t mention any money so I looked it up.
I found the settlement.
http://www.mlive.com/news/ann-arbor/index.ssf/2015/09/u-m_agrees_to_nullify_findings.html
Looks like a good riddance settlement to me. The school wants Sterrett out and he is out. The school isn’t giving him any money. Sterrett is in worse shape than before the case.
This is a case from what I read, Sterrett should never have faced. I don’t see how UMich could have ruled against Sterrett in the first place. It wasn’t really a he said/she said case. There was a roommate at the scene.
From, the link in post 155…
A two hour interview? There aren’t many subjects where I can talk for two hours.
Read more: http://www.dailymail.co.uk/news/article-3495934/Coed-claimed-forced-sex-Yale-basketball-captain-texted-time-alleged-assault-asking-meet-said-college-wouldn-t-let-recant.html#ixzz43DjiwGII
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