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Legally meticulous...
Topic Started: Mar 4 2014, 08:57 AM (166 Views)
Quasimodo

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John in Carolina
Monday, May 19, 2008
Duke’s Lax Cancellation: What Safety Concerns? (Post 3)

(snip)


While researching Brodhead’s decision to cancel the season, I’ve read the statement he released Apr. 5 announcing the cancellation and athletic director Joe Alleva’s statement of the same day endorsing it.

The statements are very brief. I want to share them with you, then comment below the star line.

Brodhead’s statement - - -

The court released today a previously sealed warrant, whose contents are sickening and repulsive.

I have canceled the men’s lacrosse season and all associated activities, effective immediately. Lacrosse Coach Mike Pressler has submitted his resignation to Athletics Director Joe Alleva, effective immediately.

Typically, we are prohibited under federal privacy regulations from releasing information regarding individual student disciplinary matters. In this case, the student named in the warrant has signed a release and given us permission to say that he has received an interim suspension. As a result of the interim suspension, the student is no longer on campus.

I once again urge anyone with information pertinent to the events of March 13 to cooperate with the authorities.


(snip)

When Brodhead made his statement McFadyen hadn't signed a waiver. Duke subsequently said Brodhead’s error was the result of a misunderstanding.

[IIRC, Wasiolek went chasing after McFadyen to try and find him to get him to sign the waiver, after Brodhead had spoken. It was necessary that this little legal technicality be fixed.]

OTOH, as for legal counsel for the players, apparently one could offer them legal advice ("don't get attorneys", "don't tell your parents") and not have created a lawyer-client relationship; and also suggest the services of an attorney (Covington) who would/wouldn't be representing them.]



(snip)
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Quasimodo

POSTER COMMENT about the above:

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If Brodhead was that sickened and that repulsed, has he gone to the
three Duke courses that list "American Psycho" as required reading,
and banned it from the required reading list? Has he gone to the
Duke Library and removed the "American Psycho" DVD?

Brodhead had an obligation to first hear from Ryan before he
made such inflammatory public comments AND before he cancelled
the LAX season and fired Coach Pressler
KNOWING full well the
overwhelming appearance of guilt such actions would create!

It is entirely improper to DEMAND that a person waive their FERPA rights.
That's besides the fact that Ryan apparently did NOT sign the waiver.


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Quasimodo

POSTER COMMENT on the above:

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According to Ekstrand's amended Complaint, Duke's Police Chief and VP of Campus Security were briefed on March 29th that there would be no DNA matches to any Lacrosse Team member and Crystal's rape kit! Brodhead could have easily called for a moratorium on public statements until the DNA results came back. BUT HE DIDN"T!


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Quasimodo

POSTER COMMENT on the above:


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Alleva's Full Quote in Pressler's Book

April 5

At 10:00 A.M., Pressler got the first clue that his day was headed downhill. Athletic Director Joe Alleva summoned the coach to his office, where Senior Associate Athletic Director Chris Kennedy and Alleva waited."Alleva said the situation has gotten out of hand and they must cancel the season immediately," Pressler said. "I was shocked. I respond by saying, 'You promised the players to their face there would be no more forfeiture of games unless charges were brought. What new has happened? Joe, you told the players and the parents you believed their story, you believed in them, you believed that they were telling the truth. It's all about the truth; we must stand for the truth.'"Alleva looked right at me and made the statement I'll never forget as long as I live: 'It's not about the truth anymore,' he said. 'It's about the integrity of the university, it's about the faculty, the city, the NAACP, the protesters, and the other interest groups.'"

Again

'It's not about the truth anymore, It's about the integrity of the university, it's about the faculty, the city, the NAACP, the protesters, and the other interest groups.'


Alleva was telling him the truth. It was the deliberate sacrificing of the team because they were afraid of the faculty, the corrupt City Leaders, the NC NAACP, and the potbangers who were messengers of the Faculty associated with the John Hope Franklin Center.
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Payback
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It wasn't about the truth anymore, and anyhow the facts kept changing. They make Christie's team look good.
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