Given the difference in standards, civil in the school based ones vs. criminal with the cops, applied to the very same set of facts, somebody ought to explain this to players.
I keep hearing about constitutional rights and lifetime reputations as a sexual predator. Whether your reputation or your liberty is at stake, you are entitled to notice and a hearing before having either one restricted by state action.
Liberty is much more important, though. Generally it can't be taken away for a long time without a trial under the reasonable doubt standard.
Your reputation can always be permanently damaged by the civil standard of a preponderance. " More likely than not."
Of course your rep can be wrecked pretty bad by stuff that is not even a crime--cheating on your wife with hookers in Reno,gambling your family's livelihood away in AC,etc.
Ordinary folks routinely make judgments about this stuff regarding others based on nothing more than an accusation by someone they trust, or someone in a position of authority. None of us requires proof beyond a reasonable doubt to take our business elsewhere if we hear our bank may be insolvent, or our accountant a thief.
If a guy is accused of drugging women and date raping them, I ain't waiting for a trial to decide how I feel about him dating my daughter.
In a similar way. I will look askance at any person who concedes that he and several of his buddies had sex with a drunk girl, one after another, at a friend's apartment, even without proof it was rape. I can lower my opinion of his reputation without his being afforded due process first. I likely will.
Just saying that your due process rights to remain free are strong while your due process right to a sterling rep is MUCH weaker, and it is a mistake to conflate the two.
I concede that I do not fully understand all of this from a legal standpoint. I get the civil vs. criminal deal and how the evidence can convict in a civil case and not be enough in a criminal case.
I am following what you are saying and your thoughts as they would apply to what you might do on a personal basis given some information or even hearsay that you're aware of regarding potential safety or financial concerns with yourself or your family. That is reasonable and certainly most people would be thinking the same way, and if someone admits to unethical or generally accepted immoral behavior even without it being criminal, that adds an important piece to be considered and firmly support those personal decisions.
However, short of there being a proven criminal aspect (to at least a >50% degree) involved, I'm not seeing how it is fair to suspend or dismiss a student after a criminal investigation has taken place and no charges were brought. If charges were pending or brought about, then a suspension is certainly reasonable until the issues have been resolved. And if the school does not support a reasonable chance to defend yourself, that's just patently unfair, imo, even with a lower standard of proof.
I'm not saying these players aren't culpable for at least having horrendous judgment, and maybe they aren't the types of people you want being around your team or school. But then you might be called out for any prior or future inconsistencies in punishing questionable behavior. And then the whole definition of questionable behavior is likely to be very murky at best. These players were already suspended and punished to some degree (the severity of which can be debated). But for the suspensions to continue under the current circumstances seems to be withholding reasonable due process in my opinion, and assuming civil guilt.
I'm not trying to argue with you, Dem, because I ain't armed with the background or legal acumen to do so, and I respect your opinions on these matters. And I'm thinking these guys should be gone, too, because they are at least knuckleheads who are likely to be involved in another transgression if they don't learn something important from this one.
I realize that may not be fair to them, because from what I've heard, all sides are admitting that all the facts have not been revealed. And despite me thinking that if everyone would just do things my way, we would all be far better off, I'm realistic enough to know that I could possibly be in the minority in that opinion for reasons never to be understood by me!
Anyway, at the least it is an interesting discussion and I'm trying to learn some things from it. I just want to believe that somehow due process will prevail before any further action is taken against these players.