Political Correctness And Player Discipline

[UNT90]

Go Rangers.

On this we will agree, although the butt slapping in MLB baseball is out of control and has to be stopped!!

[UNT90]

It was an assault. And, his actions were inappropriate. In fact, if before the statute of limitation runs Miller decides to pursue the case criminally, the charge of battery would also be included. There is no scenario under which either are acceptable.

This is absolutely untrue. Period. No police agency or prosecutors office would accept any charges in this case. Miller isnt credible. There are witnesses on both sides, AND THERE IS NO HARM. Hell, they dropped the law suit because they couldn't prove by perponderance of evidence that a tort occurred.

If it were in Texas, the most that would occur would be a traffic ticket for simple assault. If you are truely an attorney with ANY knowledge of criminal law in this state, you would know that, but you don't. How long has it been since you practiced?

[The Fake Lonnie Finch]

Miller didn't press charges. He and his attorney tried to get an apology. And, if you knew anything about the law, you'd know that Miller could still press charges any time before the statute of limitations ends.

And, if criminal charges are pressed they will be for assault and battery because physical contact occurred. This is no great mystery or some sort of arcane knowledge. It's just the way criminal law is.

You may not like it, agree with it, or understand it...but, that's the way it is.

[FirefightnRick]

No, I mean about two dozen. The report specifically lists 20 players and mentions a 21st.

That's right, the report lists 20 players and mentions a 21st but there were only two, Student Athletes B and C who claim they saw Coach Leavitt grab Miller by the throat and slap or hit him. Student Athlete M claims he recalls seeing him slap his face but doesn't mention seeing him grab Miller by the throat, instead he say's Leavitt had ahold of the players shoulder pads.

The other 17 players who were interviewed either didn't see it the way Student A claims it happened or never saw it at all.

Student Athlete D

Student Athlete D said that he

saw Leavitt put a hand (maybe his right hand) “high” on Student Athlete A’s jersey, indicating

that it could have been on Student Athlete A’s throat. At this point, Student Athlete D turned his head because he “did not want to ‘catch anything himself’ or see anymore.” By the time he returned his sight to Student Athlete A, Leavitt had his hands on the side of Student Athlete A’s face, although Student Athlete D did not see Leavitt strike Student Athlete A

Student Athlete E

Student Athlete E described Leavitt as having grabbed Student Athlete A only by his

shoulder pads while exhorting Student Athlete A to “Fight your Ass! You’ve got to fight your

ass!”

Student Athlete H

Student Athlete H, the fifth name provided by Student Athlete A, was seated in the

vicinity of Student Athlete A during the halftime. He said that Student Athlete A is the kind of Student Athlete that “hangs his head when he messes up.” He remembers Student Athlete A as being non-responsive to Leavitt’s questions and Leavitt becoming frustrated with Student Athlete A’s attitude yelling, “ya’all have to get your freakin’ asses up!” He saw Leavitt “grab” Student Athlete A but is not sure if it was by the neck or by the collar of his jersey.

Student Athlete J

Student Athlete J was seated near to Student Athlete A. He saw the encounter and reported that Leavitt saw that Student Athlete A was “down,” grabbed him and said “We gotta win! You have to do a lot better!” Student Athlete J said that Leavitt grabbed Student Athlete A with his right hand on Student Athlete’s A’s neck or on shoulder pads in an area close to Student Athlete A’s neck, and was pointing at him with the other hand. Then he “tapped” Student Athlete A’s face twice “to get his attention,as if to say (Student Athlete J’s words, not Leavitt’s) “Snap out of it!” Student Athlete J thought it was “nothing too major,”

Student Athlete F

Student Athlete F is a

senior who did not see the event.

Student Athlete G

Student Athlete G is an underclassman and so was not in the main locker room.

Student Athlete I

Student Athlete I was sitting across the locker room from Student Athlete A. He saw

nothing during the halftime,...Student Athlete I spoke to Student Athlete A in the week that followed. Student Athlete A asked Student Athlete I if he had seen what Leavitt had done to him. Told no, Student Athlete A then said that Leavitt had grabbed him by the neck. But later, after the FanHouse publication, Student Athlete I said, Student Athlete A “changed up on him” and said that Leavitt had grabbed him by the shoulder

pads to motivate him.

Student Athlete K

Student Athlete K was in the locker room but used the rest room at the beginning of the period. As he traveled through the locker room, Student Athlete K heard Leavitt shouting at Student Athlete A, “Did you get your block? Did you get your block?” When he returned to the locker room, Leavitt was no longer there.

Student Athlete N

Student Athlete N was not playing in the Louisville game but he soon heard of the

incident that occurred during its halftime.

Student Athlete O

Student Athlete O did not play in the Louisville game. Student Athlete A told him about the event the Tuesday after the Louisville game..After the FanHouse article was published, Student Athlete O said that Student A told Student Athlete O “thanks a lot for ruining my career”.

Student Athlete P

According to Student Athlete P, Coach

Leavitt grabbed Student Athlete A by the shoulder pads, shook him, and told him, “fight, fight!”.

Student Athlete Q

The reviewers met with Player Q who said that he hadn’t seen anything in the locker

room during that game.

Student Athlete R

Student Athlete R told the reviewers that he was in the locker room on November 21st,

but didn’t see anything.

Student Athlete S

Student Athlete S indicated he was in the locker room on November 21st at halftime. He said that he didn’t actually see the entire “alleged incident” because his attention was focused on his position coach and their whiteboard....he saw Coach Leavitt with his hands on Student Athlete A, up around the neck area of the jersey

Student Athlete T

The reviewers spoke to Student Athlete T who had been quoted in a newspaper article on January 2, 201014. The Student Athlete indicated that he had been in the locker room during that particular halftime and was sitting in his locker but had, in fact, not witnessed the full exchange between Student Athlete A and Coach Leavitt. He recalled looking up and seeing “only what appeared to be the end of the exchange when Coach had Student Athlete A by the shoulder pads and was shaking him in order to stress that Student Athlete A needed to “get his head in the game.”

Student Athlete L

Student Athlete L said that Leavitt put his hands on Student Athlete A by his shoulder pads while speaking to him in a raised voice

Student Athlete M

Student Athlete M recounted similar facts, saying that Leavitt grabbed Student Athlete A’s jersey and was shaking Student Athlete A’s shoulder pads to motivate him. He indicated that Leavitt slapped Student Athlete A two times on the cheek to get his attention and was

holding his chin with his hand. According to Student Athlete M, this is “what coaches do” to

motivate Student Athletes.

Student Athlete U, not interviewed.

Again, per your own link, and by the information provided by USF's own review report, how in hell are there TWO DOZEN or as you now say, ABOUT TWO DOZEN players claiming Coach Leavitt grabbed Miller by the throat and slapped him in the face?

Rick

Edited October 27, 2010 by FirefightnRick

[The Fake Lonnie Finch]

Yes, and a jury will hear the majority of them say that he physically assaulted Miller under the legal definiton of assualt. The others will testify that they discussed it with the Miller and the closest bystanding witness who corroborates the story.

Depending on whether the the hearing is criminal or civil, the jury or judge will hear form the D.A. or University Counsel that the nearest witnesses saw the choking and hitting and many others nearby saw some kind of assault. Leavitt's attorney is stuck having to try to convince a judge or jury that nothing happened when the 20 or so witness testify they he had in some manner.

And, they'll testify as to the mindset of the player afterward and the actions of Leavitt during the investigation. They will then introduce into evidence USF's rules and policies, and Leavitt's contract signed by him saying he would abide by them.

And, when Leavitt loses, he will have been out of coaching for two years and will not have the mark of the incident cleared. And, in addition, he'll have a nice legal bill to pay, possibly two depending on how that particular jurisdiction in Florida handles plaintiffs who files lawsuits and lose. It could be that they stick him with USF's legal bill as well.

All in all, a stupid gamble unlikely to anyone any good - expect the attorneys, who will be paid one way or the other.

[Cerebus]