Cheerleader Has To Pay $45,000 To The School

[RezaMikhaeil]

[quote name='Nihil Obstat' timestamp='1304633190' post='2237680']
All valid points, but your previous post abused logic to a ridiculous degree and doesn't help your case even a little bit.
[/quote]

I'm not sure how he abused logic to a ridiculous degree, but I'm not offended either way.

[Nihil Obstat]

[quote name='RezaMikhaeil' timestamp='1304686861' post='2237915']
I'm not sure how he abused logic to a ridiculous degree, but I'm not offended either way.
[/quote]
Generally non sequiturs, and it hurt my head to read them.

[Tony]

some of you folks don't realize how serious they take athletics in Texas. Mainly football but I imagine basketball is up there too. Some of these teachers, principals, and even sometimes judges will do anything to protect these athletes. It's athletics first, everything else second. If some athlete is failing Mr Jones's class, "oh I can fix that, you now have a D. You're still eligible to play in the big game on Saturday.""Thank you Mr. Jones". If the star athlete gets in a fist fight with so and so, don't worry. Principal Green will look the other way. After all, a suspension would mean he's off the team for a little while, and would cause an uporar in their town of 3,500. I'm not saying for sure he raped the cheerleader, but I wouldn't put it pass the judges to let him off the hook, if throwing him in jail would hurt the team.

Edited May 6, 2011 by Tony

[AudreyGrace]

Hm. This is rough.

Here's how I look at it. There are two types of injuries, physical and emotional. An example of each would be a broken arm and rape, respectively. If a cheerleader breaks her arm, she can still cheer, but would probably choose not to. If she broke her arm at practice doing a stunt she was unwillingly forced to do or done uncomfortably under the coach's orders after the cheerleader said she didn't want to risk it, chances are she'd refuse to try that stunt again, and the coach would probably understand. I don't see how this differs from refusing to cheer for a man who raped her. She was emotionally and mentally scarred, had no voice in the situation, and does not want to return to that situation. Cheering for the man specifically would be doing just that for her. Not to mention that she probably told her teammates and coach about the situation and how uncomfortable it was for her to cheer for him. Having been a cheerleader myself, I don't know how they wouldn't understand that in the first place.

All in all, even if my reasoning doesn't make all that much sense, rape is a serious crime and victims should be handled with extreme care and mercy. I don't believe in "degrees of rape". I've never met a victim who said "well it was only misdemeanor rape, so it's whatever." Rape is rape.

What I don't understand is how the rapist is still on the basketball team. Don't arrests/criminal records typically get you off of college teams? How is it that a cheerleader was thrown out by this circumstance, but he still gets to play although he's been charged guilty of rape? It boggles my mind. I have a friend on a college bball team, and I know that if she even gets caught drinking underage she's off the team. So, I'm sensing school favoritism on the part of the rapist player.

[RezaMikhaeil]

[quote name='AudreyGrace' timestamp='1304846549' post='2238665']
All in all, even if my reasoning doesn't make all that much sense, rape is a serious crime and victims should be handled with extreme care and mercy. I don't believe in "degrees of rape". I've never met a victim who said "well it was only misdemeanor rape, so it's whatever." Rape is rape. [/quote]

This is not true, "rape is rape" is false because stagatory rape is not rape in the conventional sense. It is sex by concent, but in which a girl is "under the age of" [which ever the state choses].

[Don John of Austria]

[quote name='USAirwaysIHS' timestamp='1304563858' post='2237351']
Actually, it's a democracy. We have a president, not a count. [img]http://i717.photobucket.com/albums/ww173/prestonjjrtr/Smileys/1sm390teach.gif[/img]
[/quote]


More's the pity.

[Don John of Austria]

[quote name='MarkKurallSchuenemann' timestamp='1304631370' post='2237657']
First, she didn't sue the school until they forced her out of cheer leading, and it was probably to force them to put her back on the team. She wanted to do cheer her school on, but not the monster who raped her. He should have been forced off the team, or do you support rapists!

Second, she could have been forced to lower the charges by the school because the player who raped her was a 'star player' and they didn't want to lose him!

Basically the argument you are using is, there should be no consequence for rape.

And before anybody says, there is no evidence of rape, the boy plead guilty for a misdeamor, which means he knew he did something wrong! Innocent people don't plead guilty!
[/quote]
innocent people plead guilty all the timebecuase they have prosecuter sit across the table and tell tehm they are going to prison if they go to trial and if they just plead guilty to this other charge , they can go about their life. It happens [i]all the time[/i].

You do not have the right to be a cheerleader, if you are a cheerleader you are required to do as you are told, she didn't, she was dismissed. I think the coach, principal and superintendent were all really crappy people, but that doesn't mean that she had a RIGHT to be a cheerleader, or that she had a right to free speech while acting in the role of Cheerleader.

I think legally speaking the right ecision was made here.


that said, if soomeone raped my daughter the only person who might be talking to prosecuters about a plea deal would be me. Dead men don't need to be prosecuted.

[Skinzo]

This is a hard and unpleasant case but the fact is he was never convicted of rape. He pled guilty to "class A assault". According to the prosecutor the victim herself agreed with the resolution of the case. The Appeals Court points out that a grand jury refused to indict him for rape. Under Texas law, Class A assault means a minor injury was inflicted.
As to her case against the school, she had a contractual obligation to cheer for the team without exceptions, and that is the "gotcha" here. The court really could not consider anything else because the question is really whether she had a contract to cheer or not. In fact, there is no doubt that she did.
Now if he was actually guilty of rape then she should have pressed that case rather than agreeing to the plea arrangement that was made.

http://www.kfdm.com/articles/former-39394-school-high.html


S.