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It doesn't matter if they didn't go to jail. Like we have said over and over in this tread and posted cases to prove it, a public school or other public entity can't take adverse action against someone based on the content of their speech.
As a result of Due Process? NO! There was no due process to justify expulsion.
Quote:
There is no listed procedure allowing the school’s president to unilaterally punish any student, let alone expel them. Instead, there is a clear process to be followed, with extra safeguards for students facing expulsion that would be virtually impossible to meet in the two days.
For example, the code clearly states that conducting investigations is the prerogative of the Student Conduct Office, and that any punishment must be preceded by ordering an accused student to attend a “mandatory meeting†to hear and, if the student wishes, answer the allegations against them. Students have at least a five-day window to have this meeting, unless prompt action is “essential†due to a substantial safety concern or the imminent end of a semester.
Quote:
Student Conduct can only suggest a punishment following this mandatory meeting, and if the student disagrees, the student is allowed to request a full hearing, which is not an appeals body but rather assesses the case independently.
Nope - they'd lose because the basis of their argument would be disproved and thereby dismissed. They'd insinuate they were expelled for their speech and it was not - it was code of conduct violation by creating a hostile environment for black students.
How could they create a hostile environment for black students if no black students were there?
They obviously couldn't.
And once the video was put on social media, the only effect that it would have had on the black students who happened to see it (and they would have had to make an effort to do so by either going on the web or tuning into the news) would be the shocking revelation that there were some racist frat boys on campus.
Oh, the horror!
As if their peace of mind necessarily depended on the notion that there couldn't possibly be any racist frat boys on campus.
That notion is self-evidently absurd.
Courts don't automatically accept the reasons that defendants give for their actions.
If they did, then defendants in civil rights cases would always win.
For example, a white who fired a black for racist reasons could simply say he did it for other reasons.
Case closed! Judgement for the white racist defendant!
In this case, the defendant (the university) would be claiming that the expulsion was for creating a hostile environment.
On the contrary, it is obvious that the expulsion was for singing a racist song in private.
Furthermore, it is obvious that the university did it to protects its reputation.
The university president couldn't care less about anything else, including blacks.
Last edited by dechatelet; 03-12-2015 at 10:28 PM..
If they weren't expelled, what do you think would be proper punishment?
Personally, I think an old-fashioned ass-whupping would suffice, but wouldn't be productive in the long run. I would make them volunteer at the NAACP or any other group that forwards the interests of African-Americans (after smacking the ***** out of them for a bit).
People should be punished for being racist? Really?
I thought this was supposed to be a free country.
The only punishment they deserved was the punishment they were going to get anyway.
Being embarrassed and shamed in public for what they did.
The university president was obviously trying to cover his behind by giving a false reason.
Prove it.
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