Updated Evander Kane Cleared in Sex Offense Investigation

[nfreeman]

Ah, the Title IX stuff. I think it's important to do three things in this discussion. 1) Admitting that there is quite a gulf between lowering the standard of proof to a preponderance of the evidence, and there being no presumption of innocence. 2) Recognizing the difference between what is required by the Dear Colleagues letter, and situations where individual institutions choose to go well beyond those requirements in infringing upon due process for the accused (many of these policies are going down in flames in court, as you're probably aware). 3) Not rely on articles that are out to blast Obama more than to inform on the issue.

 

Your points are all reasonable in the abstract.  However:

 

1 and 2 - The anecdotal evidence is consistent with no presumption of innocence -- which is why many of these colleges are losing lawsuits.  Are you aware of anecdotal evidence that is consistent with a presumption of innocence?

 

3 -- The NR article I posted was co-authored by a Democrat who, unfathomably, voted for Obama twice and donated to his campaign -- and was targeted more at Congressional Republicans (including, unfortunately, Rubio) for rolling over on this issue. 

[qwksndmonster]

What is the upside of assuming that pro athletes are being targeted? If they are innocent, then they'll continue making ridiculous money and a large portion of fans will continue to not care that they were investigated. Even if they're not innocent, chances are they'll be able to settle.

 

Protecting rich athletes is not worth making it even harder for people to come forward with their accusations.

[TrueBlueGED]

Your points are all reasonable in the abstract. However:

 

1 and 2 - The anecdotal evidence is consistent with no presumption of innocence -- which is why many of these colleges are losing lawsuits. Are you aware of anecdotal evidence that is consistent with a presumption of innocence?

 

3 -- The NR article I posted was co-authored by a Democrat who, unfathomably, voted for Obama twice and donated to his campaign -- and was targeted more at Congressional Republicans (including, unfortunately, Rubio) for rolling over on this issue.

Well you asked for anecdotal and this came to my attention today (It's long, but you don't have to read the whole thing to know presumption of innocence was quite intact): http://musingsofstef.blogspot.com/2016/02/i-was-raped-at-baylor-and-this-is-my_4.html?m=1

 

I could also copy/paste the policies at every institution I've been affiliated with, but I'm not super enthusiastic about outing my entire employment history. None of the four institutions I'm a part of have anything remotely resembling an absence of presumption of innocence. The typical remedy against the accused, while the investigation is ongoing, is a no-contact order. More severe remedies (such as temporary suspension) can be applied on a discretionary basis, but doing so requires a pretty overwhelming initial showing of evidence in the complaint.

 

As to the NR article, slamming Obama directly versus slamming those who enable his tyranny? Potayto, potahto. It wasn't the identity of the authors I took issue with, but the language and presentation within.

[Hoss]

https://twitter.com/ByTimGraham/status/697847039925821440

 

Tim Graham‏@ByTimGraham

Tim Graham Retweeted Eric

Ongoing. Tox report still out. But charge unlikely. Hospital triggered investigation, not woman. She has no memory.

 

This was Graham's response when asked about the investigation.

[Doohicksie]

Interesting. If nothing will come of it, it's a shame they couldn't keep it under wraps while the investigation was going on.

[bob_sauve28]

I was unaware that the girl was not the one that called police it was the hospital 

 

http://sabres.buffalonews.com/2016/02/17/im-waiting-for-an-update-evander-kanes-attorney-says-of-police-investigation/

 

 

But no charges still 

[Brawndo]

No charges per the DA

 

From TBN

 

Evander Kane cleared in sex assault investigation.

Edited March 11, 2016 by BRAWNDO

[Hoss]

From the DA's office:

 

CRIMINAL CHARGES WON’T BE FILED AGAINST EVANDER KANE

 

It has been reported in the media that beginning on December 27, 2015 professional hockey player Evander Kane has been the subject of an investigation by the Buffalo Police Department. This investigation was the result of the Buffalo Police following automatic protocols that are in place. Those protocols were followed and there was never a criminal complaint filed.

After a careful and diligent examination of all the known facts, including the results of forensic and toxicological testing, neither the provable facts nor the applicable law support the filing of any criminal charges or a prosecution in this matter.

The Buffalo Police Department and the Erie County District Attorney’s Office take every investigation of possible sexual assault

Michael J. Flaherty, Jr., Acting District Attorney

Erie County District Attorney’s Office initiated as result of those protocols very seriously and utilize every available resource to conduct investigations into matters of that nature.

Out of respect for the privacy of all parties involved and given the fact that these matters need to be handled with the utmost sensitivity and confidentiality, I am unable to comment any further regarding the details of the matter.

Edited March 11, 2016 by Hoss

[That Aud Smell]

There's some kind of The Week of Kane Impunity joke I was going to make, but I'm going to hold off.

 

:bag:

Edited March 11, 2016 by That Aud Smell

[josie]

There's some kind of The Week of Kane Impunity joke I was going to make, but I'm going to hold off.

 

:bag:

The Kanes were Able to get off? 

[That Aud Smell]

The Kanes were Able to get off? 

 

way better than the one i was going to make.

[Sabres Fan in NS]

The Kanes were Able to get off? 

 

I assume you are talking about their respective investigations, right?

[josie]

I assume you are talking about their respective investigations, right?

Of course! 

[ddaryl]

The Kanes were Able to get off? 

 

After all the BS they had to go through. i sure hope they got  off

[Stoner]

The Kanes were Able to get off? 

They are upstanding Citizens.

[Ducky]

Good to hear. Sports figures have to be careful. There are a lot of chicks out there that would do just about anything for the chance to sue someone with lots of cash.

[Hoss]

Good to hear. Sports figures have to be careful. There are a lot of chicks out there that would do just about anything for the chance to sue someone with lots of cash.

Have you paid attention? Even a little bit? The non-victim alleged sexual partner here never filed any complaint or charges. This was entirely by the hospital and BPD. Had nothing to do with a "chick."

[pi2000]

Have you paid attention? Even a little bit? The non-victim alleged sexual partner here never filed any complaint or charges. This was entirely by the hospital and BPD. Had nothing to do with a "chick."

 

she likes it rough

[nfreeman]

OK -- I think this was the missing thread.  Now restored.