Cheerleader must compensate school that told her to clap 'rapist'

[Paksenarrion]

Yup. This stuff doesn't surprise me anymore.

God-damn retarded idiots. Who the fuck was the supreme judge in this case?! Are they retarded?

You know who would've ruled differently if here were the judge? The Goddamn Batman.

 

[Scars Unseen]

In September last year, a federal appeals court upheld those decisions and announced that HS must also reimburse the school sistrict $45,000, for filing a "frivolous" lawsuit against it.

So rape is "frivolous" now? What, do they have to get murdered for it be to serious business?

this has me so full of rage it just seems so common sense. I mean, yeah, I can KINDA see where they're coming from with her as the mouth piece of the school and separation of personal life, but the guy raped her and got off on misdemeanor. I think at that point she has to right to say no. Or hell, that he shouldnt even be allowed to go back to sports. Christ, you get off on a misdemeanor after doing weed and you cant even go back to the team, even if it is a misdemeanor.

She didn't sue the school over rape. She sued the school over free speech. Problem is that when you are officially representing an organization you are not speaking for yourself; you are speaking for that company. If I got on the phone at work and started talking shit about the company I work for, I could not sue my company for firing me. Free speech doesn't enter into it. Therefore: frivolous.

Let's not mix things up here. The rape case has no bearing on the free speech case.

 

[Trolldor]

I just read the rape charge was dropped after he got 2 years of probation, community service and went to anger management. And being a cheerleader means she has no free speach rights and what sounds like no humane rights? The fuck is wrong with people these days!

He pled guilty to misdemeanour sexual assault. The charge of rape was dropped. He was punished for the crime he was found guilty of, and then released. This is how justice works.

The ruling of the case in the news article was that when someone acts in the role of a cheerleader they aren't using THEIR right to free expression - they're using the school district's right to free expression, and the school district wants to disseminate support for its students. By refusing to participate she was (and this is the slightly dubious bit) curtailing the district's right to free expression.

The bit I really question is the frivolous-suit charge. That doesn't seem at all appropriate.

see this is why we need capital punishment in town squares, a man rapes a woman and gets his wang cut off - case closed

instead we have a retarded justice system that allows criminals to get away with this kind of crap

A retarded justice system punishes people for crimes they're found guilty of? I don't understand what you're saying.

It's a nonsense justice system that decides not only must someone cheer their rapist, but that they must then foot the fine for the organisation that felt obliged to punish her for not cheering her rapist.

 

[Scars Unseen]

Also to those who can see some legal logic to this let's look at an analogy.

If your employer for example required you to do something that went against your religious beliefs they would not be allowed to terminate you if you refused to comply. The same logic holds here: forcing a girl to cheer for her attacker is an act of coercion on the part of the school.

I am quite certain that when she joined the team they did not tell her she would have to applaud her rapist.

Closer analogy: A holocaust survivor works for a company. a few months later, the company hires a Nazi into his department. The holocaust survivor decides to stay on with the company. A couple more months goes by and the boss puts the two of them on a project together. Holocaust survivor refuses to work with the Nazi. The boss then fires the holocaust survivor for refusing to do his job.

Well that's what jew get for working with a company that hires Nazis.

 

[Yopaz]

Getting kicked from the squad is stupid, but understandable. Getting fined $45,000 dollars when she wasn't even the one to take this shit to court, but rather the one taken to court by the district is a level of bullshit I can not fathom.

EDIT:

I read over the article again to make sure I didn't get the situation backwards. I got the situation backwards.

Did she really need to take this to court? Was being a cheerleader that important?

Well, look at the facts. Why was she kicked of the team? Because she refused to cheer on a guy. Why did she refuse to do so? Because he sexually assaulted her. Why was she kicked off the team? Because he sexually assaulted her. Sounds fair to you? It's kinda like a drunk driver hitting you with his car, you miss work and get fired, when you report it you end up having to pay for the damages on his car. Also being a cheerleader might be that important. You may gain college funding for being one and not everyone can afford to go there without it. Should she end up working at a grocery store rather than being a lawyer just because of this? Just because she was raped? Pick your reason why this isn't fair, because however you look at it, it's not fair. Oh, and don't worry that I really believe that A=b, b=c thus A=C, that was just exaggerating to make a point.

 

[Gudrests]

Could someone who knows the law explain why the guy who assaulted her only got probation and community service? Because that seems like a really light sentence. Did Johnny Cochran rise from the grave to take the case?

was probally a minor, + a guilty plea + Deal =....no jail. Might not have been rape either. Sexual Harrasment isnt ness rape...its disgustion that she would be fined, but i understand the kicking off the team. I cant choose to not wrestle because I don't like the kid...its my job like it or not, a solder can choose not to help or not to shoot...its his job. the 45 grand tho??? thats ridiculous

 

[Ladette]

Ignoring that the guy was found guilty of sexual, because that crime has already gone through the justice system. That case is done, the accused is serving his sentence. I'm not condoning what he did, but he's not the one on trial. That case has nothing to do with this one, despite it being easy to connect them.

The school didn't sue her for refusing to cheer for the guy, they removed her from the cheerleading team. While in their cheerleader role, they speak for the school not themselves. The same way professional athletes are told the role they need to play in the game. If they refuse to play that role they can be punished with fines, suspensions, etc. She refused to cheer, the school told her that if she wished to remain on the team she would, she still refused so they kicked her off the team as punishment.

That's what people are failing to understand. She represented the schools intrests not her own. That's the way most organizations work. They didn't hold a gun to her head and force her to cheer, they gave her a choice. She choose, and the consequences were being removed from the team.

She sued the school because they cut her from the team, lost the case, and now the school wants compensation for the lawsuit wasting their time.

Looking at it objectivley I can see the logic there. I think the school should have left the issue alone due to the fact that they're making themselves look bad, but what they've done is within their legal rights.

edit: The thread title, and the articles in question, are quite slanted in a particular direction.

 

[FangShadow]

I can't...I really can't....

This just...this is simply one of those moments where I think I am lost to the world. The following things shouldn't have happend....

1. Allow that SOB back onto the team. He should be banned from any sports or activities forever. Even if they didn't convict him on rape charges, he's allowed back on the team for misdeminor assault-meaning that even though it wasn't a felony, HE STILL ATTACKED SOMEONE WITH INTENT.

2. I can understand kicking the girl off the team (She didn't do her "job", even though she had every moral right not too), but the amount of the fine simply screams of kicking her when she's down. Do you really need that much?

I usually try to avoid saying I have no faith in humanity, but sometimes I wonder if I'll be alot better off and alot less angry that way...

(sorry to those who be offended by my post, I'm just feeling the rage right now)

I know people are going to disagree with this but here it goes anyway.

I can understand how the school/courts could see this case as 'frivolous'. This guy was let back on the basketball team after the initial incident. Chances are good that this wasn't a big secret. So from the schools point of view, she should have realized, that at some point being on the cheer squad she would have to cheer for the basketball team and through that, the person who assaulted her. With that train of thought, she had several choices that she could have done to avoid the situation at the game. She could have talked to the coach to see about not participating during basketball games and if that wasn't an option she could have removed herself from the squad. So in short she had ways to avoid the situation and as far as I can tell from the story, she didn't even attempt any of them.

Also, if the person who raped your daughter, was back in the same school as her, wouldn't you see about moving her to a different school?

You do have a good point, sir. I can't really disagree except to say that maybe the parent didn't have a way to move schools and I guess the girl thought that she could refuse to cheer her attacker on. ....

 

[Shiv595]

*Boom*
Head explodes in pure rage at 90% of humanity's stupidity.

 

[SH4DOWSL4Y3R]

RAGE............ BUILDING................. MUST.................. FIND................... MEANS.......................... OF............................... DISTRACTING............................... SELF........................ FROM........................... STUPIDITY..................................

 

[Kennetic]

I agree with you 100% WTF he should have gotten kicked off the team and owe 45 grand because he is scum. How was the chick wrong?

 

[SamuelT]

...Why would freedom of speech extend to a voluntary activity you put yourself in? Just because you have the right of free speech doesn't mean you have the right for it to be free of consequences. You have the right to call your boss a fuckhead in the middle of a business meeting, and you would have no recourse under free speech when you were fired...

Actually, around where I live employees are protected by laws of free speech from the consequences of speaking out against your boss. It's not a smart idea, 'cause the guy'll make your life a living hell, or find another way to fire you, but they can't exactly fire you for saying something they don't like.

 

[theNater]

...ordering 45.000 $ to be paid seems unjustified and disproportionate.

45000 might legitimately be legal fees. The case got started in early 2009, and billing $250 per hour is pretty normal for lawyers. At that rate, if the school's lawyer worked on the case for an average of two hours a week for these past two years, that's what they'd have to pay.

If your employer for example required you to do something that went against your religious beliefs they would not be allowed to terminate you if you refused to comply.

They would if it demonstrably prevents me from doing the job. If, say, I'm a surgeon and my religion prohibits me from cutting people.

 

[lyfeindeyth]

Well, look at the facts. Why was she kicked of the team? Because she refused to cheer on a guy. Why did she refuse to do so? Because he sexually assaulted her. Why was she kicked off the team? Because he sexually assaulted her. Sounds fair to you? It's kinda like a drunk driver hitting you with his car, you miss work and get fired, when you report it you end up having to pay for the damages on his car. Also being a cheerleader might be that important. You may gain college funding for being one and not everyone can afford to go there without it. Should she end up working at a grocery store rather than being a lawyer just because of this? Just because she was raped? Pick your reason why this isn't fair, because however you look at it, it's not fair. Oh, and don't worry that I really believe that A=b, b=c thus A=C, that was just exaggerating to make a point.

I really like the way you put it into perspective, when you look at all the present and future implications such a court ruling like this has, it is a bit unnerving to feel that the courts seem short-sighted.

Though, I wonder what the counter argument to this would look like. Would it just have to consist of legality and what's in the books? I can't see someone defending the court's decision through morality (something that is seems lost in the entire system).

 

[Ympulse]

She didn't sue the school over rape. She sued the school over free speech. Problem is that when you are officially representing an organization you are not speaking for yourself; you are speaking for that company. If I got on the phone at work and started talking shit about the company I work for, I could not sue my company for firing me. Free speech doesn't enter into it. Therefore: frivolous.

Let's not mix things up here. The rape case has no bearing on the free speech case.

Quoting this in case anyone missed it. Just because you don't like it, doesn't make it any less true.

 

[Aethren]

Allright, any of you live in texas? Any of you have a gun?

Cos im borrowing it.

It's Texas, EVERYONE has a gun in Texas. Little old lady? She's packin' heat. Baby in the stroller? 9mm hidden under the blanket. Drunk stumbling out of the bar? Holding himself up with a hunting rifle. It's Texas.

 

[Ralphfromdk]

Only in America.

Although, I find it odd that the Guy isn't dead yet. Any good father would have killed the guy long ago, I mean, he even admitted to doing it.

 

[minimacker]

The school just dropped THE BOMB onto itself.