Defending Athletes & Students
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Defending Athletes & Students
Gathering articles and thoughts from around the nation to consider in generating discussions and defending athletes and students accused of misconduct. Sutton & Lindsay PLLC/Asheville & Durham, NC www.SuttonLindsay.com
Curated by Kerry Sutton
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TALLAHASSEE, Fla.: Jameis Winston student misconduct hearing underway

TALLAHASSEE, Fla.: Jameis Winston student misconduct hearing underway | Defending Athletes & Students | Scoop.it
The student code of conduct hearing involving Florida State quarterback Jameis Winston began Tuesday, approximately two years after a female student said he sexually assaulted her in December 2012.
Kerry Sutton's insight:

Student misconduct hearings are typically uphill battles for the accused. And by uphill, I mean vertical. www.SuttonLindsay.com

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Boyett cut from 2 NFL teams in 2 years after drunken arrests

Boyett cut from 2 NFL teams in 2 years after drunken arrests | Defending Athletes & Students | Scoop.it
John Boyett was a safety on the Denver Broncos practice squad until he was given his walking papers on Thursday. So, what happened?
Kerry Sutton's insight:
Cut from 2 NFL teams in 2 years after drunken encounters with the law. If Boyett has an addiction issue, losing a future in the NFL is not his worst problem today.
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Olympic Swimmer Michael Phelps 'Deeply Sorry' After DUI Arrest

Olympic Swimmer Michael Phelps 'Deeply Sorry' After DUI Arrest | Defending Athletes & Students | Scoop.it
Olympic legend Michael Phelps was arrested early Tuesday morning for Driving Under the Influence in Maryland.
Kerry Sutton's insight:
2nd impaired driving charge in 10 years is sure to cost Phelps millions in endorsements.
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NFL's Ray McDonald Arrested on Domestic Violence Charges

NFL's Ray McDonald Arrested on Domestic Violence Charges | Defending Athletes & Students | Scoop.it
The San Francisco 49ers defensive tackle was arrested the same week NFL introduced harsher punishments for domestic violence offenders.
Kerry Sutton's insight:
Waiting to hear if the new suspension policy is triggered by a mere allegation or after conviction.
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10 Myths About Criminal Law for NC High School Students

10 Myths About Criminal Law for NC High School Students | Defending Athletes & Students | Scoop.it
Kerry Sutton's insight:

Share this with one high school student or coach or teacher today. Our student/team presentations are chipping away at the "but I saw that on TV, therefore it must be true" mindset. Maybe we'll save a future ... -KWS

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Ex-student sues UMass over sex-related expulsion

Ex-student sues UMass over sex-related expulsion | Defending Athletes & Students | Scoop.it
Boston Globe Ex-student sues UMass Amherst over sex-related expulsion The Republican - masslive.com SPRINGFIELD – A former University of Massachusetts Amherst student has filed a federal lawsuit against the school, claiming he was expelled after a...
Kerry Sutton's insight:

A federal case worth watching: “The plaintiff was met with overall hostility, dismissal and pre-judgment as 'guilty'" the suit contends.

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Do I Have Your Consent To Show You This Video About The Part Of Sex That's Often Totally Overlooked?

Do I Have Your Consent To Show You This Video About The Part Of Sex That's Often Totally Overlooked? | Defending Athletes & Students | Scoop.it
All the science textbooks about sexuality are missing one really important chapter.
Kerry Sutton's insight:

Students and Athletes: Let's think about what consent means before you get charged with sexual misconduct. True consent should mean that you both OPT IN, not that you fail to OPT OUT.

-KWS 

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Panthers DE Greg Hardy Demands Jury Trial, NFL Considers Suspension

Panthers DE Greg Hardy Demands Jury Trial, NFL Considers Suspension | Defending Athletes & Students | Scoop.it
USA TODAY
Hardy Demands Jury Trial, NFL Considers Suspension
TWC News
Panthers and NFL spokesmen said it's still too early to determine if Hardy will be suspended.
Kerry Sutton's insight:

A legal expert who implies that a defendant could prevail at trial merely because jurors "don't get it" is not very familiar with any excellent attorneys (like Hardy's attorney Chris Fialko) or how trials work. -KWS

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High school student sues district over fallout from online post

High school student sues district over fallout from online post | Defending Athletes & Students | Scoop.it
Reid Sagehorn, the former Rogers High School student whose apparently sarcastic two-word Internet posting resulted in a seven-week suspension and an ensuing uproar in the Elk River School District, on Tuesday sued the district and the Rogers police chief, charging that his reputation was permanently damaged and his civil rights violated
Kerry Sutton's insight:

Getting excellent legal counsel involved earlier probably would have kept this from escalating into a potentially future-altering event for this student.


"In January, Sagehorn, a member of the National Honor Society and captain of the Rogers football and basketball teams, replied, “Actually, yeah,” to an online question about whether he had “made out” with a 28-year-old teacher. Sagehorn, then 17, later said that there was no relationship and that his comment was meant sarcastically."

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College Sexual Assault Reports Have Gone Up 52% In 10 Years ...

College Sexual Assault Reports Have Gone Up 52% In 10 Years ... | Defending Athletes & Students | Scoop.it
The rise in college sexual assault reports is arguably a good thing.
Kerry Sutton's insight:

The important words we use in this discussion mean different things to different people. 


" ... only 37% of the women the study classified as rape victims believed that what happened to them was rape."



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Wake Forest High football coach suspended after DWI charge

Wake Forest High football coach suspended after DWI charge | Defending Athletes & Students | Scoop.it

Reggie Lucas, the coach of the undefeated Wake Forest High football team, was charged with driving while impaired late Wednesday night. He has been suspended from his coaching duties."

Kerry Sutton's insight:

Twenty bucks. Maybe twenty five. That's what a cab ride would have cost.


Want to make a difference? Save someone's license? Or job? Save a future? Or maybe a life?


Tell someone in your life today that you will pay the price of their cab ride home if it will keep them from getting behind the wheel after they've been drinking. Make sure they believe you.


Write the name and number of a cab company in big bold letters on a twenty -- stick it in their wallet or your own.


Or, if it helps, write my law firm name on a check and fill it out for $5,000 and stick that in your wallet to remind you what that drive home on your own could start to cost you after you get arrested. Heck, for $10,000, I'll even drive you home after you've been fingerprinted and processed and thoroughly humiliated at the jail.


Call a friend. Call a cab. www.SuttonLindsay.com

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New charges unlikely following Wainstein investigation, lawyer says

New charges unlikely following Wainstein investigation, lawyer says | Defending Athletes & Students | Scoop.it
A legal expert said the nine staffers at the University of North Carolina disciplined or terminated as a result of Kenneth Wainstein's investigation acted unethically but not necessarily illegally.
Kerry Sutton's insight:
What probably started out as one individual's long ago and misguided inclination to be "helpful" to struggling students, snowballed into a far-reaching blow to UNC's reputation. A failure of integrity knows no bounds. Moving forward ...www.SuttonLindsay.com
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Yes, Sometimes Women Lie About Rape

Yes, Sometimes Women Lie About Rape | Defending Athletes & Students | Scoop.it
In the emotionally charged conversation about rape, few topics are more fraught than that of false allegations. Consider some responses to the news that singer-songwriter Conor Oberst had been falsely accused of sexual assault. Last December a woman writing in the comments section of the website xoJane, going by the...
Kerry Sutton's insight:

False rape accusations may not happen often, but they do happen. And when they do, the falsely accused become the victims. "To put it simply, we need to stop presuming guilt." 

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UNC-CH's revised sex assault policies

UNC-CH's revised sex assault policies | Defending Athletes & Students | Scoop.it
UNC-CH announced a new sexual misconduct policy Thursday, more than a year after five women filed federal complaints against the university for its handling and reporting of sexual assaults.
Kerry Sutton's insight:
Defining two party "consent" (an affirmative "opt in," not a failure to "opt out") and "incapacitation" (more than legal impairment) is crucial info for students and investigators alike. Defending Students & Athletes www.SuttonLindsay.com
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Welcome back, Students!

Welcome back, Students! | Defending Athletes & Students | Scoop.it
Kerry Sutton's insight:

Know a college student? Share this. Start a conversation.
STUDENTS: What you think you know about the law can hurt you.
www.SuttonLindsay.com

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The New Campus Culture

The New Campus Culture | Defending Athletes & Students | Scoop.it
Welcome back, Duke students.
Kerry Sutton's insight:
Going out tonight? Flaunt your integrity. www.SuttonLindsay.com
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Former Oregon Duck Brandon Austin cleared in Providence sexual assault

Former Oregon Duck Brandon Austin cleared in Providence sexual assault | Defending Athletes & Students | Scoop.it
Former Oregon Duck Brandon Austin cleared in Providence sexual assault ...
Kerry Sutton's insight:

A grand jury, presented with evidence collected by trained law enforcement, after hearing testimony elicited by a prosecutor, declined to indict Mr. Austin on these very serious charges. And yet, his athletic career was effectively ended by the "investigation and hearing" conducted by a committee of higher education professionals.


To be fair and respectful to the alleged victim and the accused, sexual assault cases should be investigated and prosecuted by law enforcement and legal professionals in the judicial system with all of the constitutional protections we demand for ourselves, NOT by university staff committees. -KWS 

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Colleges Face New Requirements in Proposed Rules on Campus Sexual Assault - Chronicle of Higher Education (subscription)

Christian Science MonitorColleges Face New Requirements in Proposed Rules on Campus Sexual AssaultChronicle of Higher Education (subscription)Under rules proposed on Thursday by the U.S.
Kerry Sutton's insight:
Training and an absence of bias should never be optional in the school discipline setting. "Colleges should ensure that officials handling such cases are "appropriately trained and do not have a conflict of interest or bias for or against the accuser or the accused."
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Bill Powers's curator insight, July 14, 2014 11:27 PM

This is becoming an increasingly disturbing trend within the UNC system.  Thanks Kerry Sutton for the update and information.

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UNC-system president Tom Ross talks Honor Court, UNC culture - The Daily Tar Heel

UNC-system president Tom Ross talks Honor Court, UNC culture - The Daily Tar Heel | Defending Athletes & Students | Scoop.it
UNC-system president Tom Ross talks Honor Court, UNC culture The Daily Tar Heel On Monday, March 31, 2014, Tom Ross, the president of the University of North Carolina school system, appeared at UNC Chapel Hill to speak with students about the...
Kerry Sutton's insight:

Honor Code and Code of Conduct disciplinary hearings should instill confidence in the system by everyone involved.


"UNC-system President Tom Ross believes the most important part of an honor system is creating a culture and an environment of integrity."

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