(04-04-2013 11:36 PM)HooCares Wrote: Question: given the damage to the Rice "brand," so to speak, why hasn't Rice filed a defamation suit?
I'm not a lawyer so I readily admit I may be (likely am?) wrong. But I wonder how Rice could make it's case.
As I understand things, I believe Rice did conduct an extensive investigation (at least it seems extensive to me). I understand the results to be:
1. there is no evidence that inappropriate comments were made, and
2. there is no evidence that either student complained about his treatment by anybody in the Athletic Department to anybody.
I don't know what more one could reasonably expect an after the fact investigation to come up with.
If my understand the situation right, then I guess the other side would simply argue, "Well, just because you can't find evidence doesn't mean nothing was said. And just because you can't find anybody the students talked to doesn't mean they weren't injured."
From there is just devolves into "We said / They said".
I can't see a defamation case having any result other than both parties being dragged through the mud to no positive conclusion.
But again, I'm no lawyer so I'm mostly just speculating.
As for the NCAA... As I understand the Hardship Process, it's: 1. the student-athlete makes his/her case, 2. the NCAA rules. The process makes no allowance for the departed university to make it's case nor for the departed university to appeal the NCAA's ruling. (However, the student-athlete does apparently have some ability to appeal.)
So as it relates to the NCAA ruling, about the only thing the departed university can do is grumble - which is what Rice is doing.
As for making the case to the court of public opinion... When I first heard about this I advocated for a vigorous public defense - I don't like being associated with or supporting a bigoted organization. Then I was asked the following questions:
1. How do you think the media and public opinion would react if Rice called a press conference at the very beginning of this to say, "We deny these allogations of racism!"? Would the media say, "Ok, I don't know anything about this but I accept Rice's denial." or would they say, "I don't know anything about this, but where there's smoke there's fire. I'll go find some dirt and write a story."?
2. Who would you recommend lead Rice's attack on the credibility of these two here-to-fore respectable Middle Eastern students - the University's Jewish President, or the University's Jewish AD, or the University's Jewish basketball Coach?
I think there's plenty to criticize about this situation - the hiring of the Assistant Coach primarily. And I think it's reasonable to come to the conclusion that some in the Athletic Department should loss their jobs - not my conclusion but I understand the argument.
But I don't find fault with the way the University is handling the allogations. I don't think there is a good way to handle this.
News cycles are short; the public's attention is short. By Monday (or perhaps now), nobody will be talking about this but those of us this board.