Accusation of sexual harassment by Cal football

137,400 Views | 640 Replies | Last: 5 yr ago by BearGreg
txwharfrat
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GMP said:

txwharfrat said:

GMP said:

pingpong2 said:

Is nobody wondering how she went from going to an expensive private school in Brentwood, flying on private jets to XC meets, travelling through Asia and Europe, vacationing in Martha's Vineyard and the Hamptons, all while staying at the Ritz and Four Seasons to suddenly becoming a poor college student? Her family must have had fallen on some serious hard times or something in the past year...either that or college students these days have it wayyyyyy better than I did.
It's probably been "wondered" in this thread a dozen times. I don't think it's very relevant.
It is SIGNIFICANTLY relevant as it establishes her behavior of lying. This is HUGE for any legal defense. In the same statement where she claims she was abused she also claims to be a poor college student. If she lied about finances then it begs the question: what else is she lying about.

This is 100% relevant and important. Don't dismiss it like that.
Relevant, perhaps. But people are assuming she's paying for it. What if she's not? There are lots of other explanations for how she's taking these trips besides, "She lied about being a poor college student."

People saying, "Aha! She's lying!" on this are getting ahead of themselves.


Dude ... the woman has been on trips to Greece, France multiple times, beaches all over the US. By the time she was 21 she had been to MANY destinations I have only dreamed of. Someone is paying...
GMP
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txwharfrat said:

GMP said:

txwharfrat said:

GMP said:

pingpong2 said:

Is nobody wondering how she went from going to an expensive private school in Brentwood, flying on private jets to XC meets, travelling through Asia and Europe, vacationing in Martha's Vineyard and the Hamptons, all while staying at the Ritz and Four Seasons to suddenly becoming a poor college student? Her family must have had fallen on some serious hard times or something in the past year...either that or college students these days have it wayyyyyy better than I did.
It's probably been "wondered" in this thread a dozen times. I don't think it's very relevant.
It is SIGNIFICANTLY relevant as it establishes her behavior of lying. This is HUGE for any legal defense. In the same statement where she claims she was abused she also claims to be a poor college student. If she lied about finances then it begs the question: what else is she lying about.

This is 100% relevant and important. Don't dismiss it like that.
Relevant, perhaps. But people are assuming she's paying for it. What if she's not? There are lots of other explanations for how she's taking these trips besides, "She lied about being a poor college student."

People saying, "Aha! She's lying!" on this are getting ahead of themselves.


Dude ... the woman has been on trips to Greece, France multiple times, beaches all over the US. By the time she was 21 she had been to MANY destinations I have only dreamed of. Someone is paying...

Yes. Someone is paying. You don't know who that is. Neither do I. So, again: you can't draw any conclusions from it.
pingpong2
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txwharfrat said:

GMP said:

txwharfrat said:

GMP said:

pingpong2 said:

Is nobody wondering how she went from going to an expensive private school in Brentwood, flying on private jets to XC meets, travelling through Asia and Europe, vacationing in Martha's Vineyard and the Hamptons, all while staying at the Ritz and Four Seasons to suddenly becoming a poor college student? Her family must have had fallen on some serious hard times or something in the past year...either that or college students these days have it wayyyyyy better than I did.
It's probably been "wondered" in this thread a dozen times. I don't think it's very relevant.
It is SIGNIFICANTLY relevant as it establishes her behavior of lying. This is HUGE for any legal defense. In the same statement where she claims she was abused she also claims to be a poor college student. If she lied about finances then it begs the question: what else is she lying about.

This is 100% relevant and important. Don't dismiss it like that.
Relevant, perhaps. But people are assuming she's paying for it. What if she's not? There are lots of other explanations for how she's taking these trips besides, "She lied about being a poor college student."

People saying, "Aha! She's lying!" on this are getting ahead of themselves.


Dude ... the woman has been on trips to Greece, France multiple times, beaches all over the US. By the time she was 21 she had been to MANY destinations I have only dreamed of. Someone is paying...
I wasn't even a poor college student and I couldn't even dream of eating at the places that she's been eating at while in school.
BearGoggles
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sycasey said:

BearGoggles said:

The Obama guidance to universities (recently reversed by Devos) massively tipped the scales in favor of alleged victims and eliminated due process for the alleged wrongdoers. This was explicitly the intention and beyond dispute.
You have a tendency to say a lot of things are "beyond dispute" (or using similar language) when making a claim that would very much be disputed. For example, above you seem to think it's "beyond dispute" that Obama wanted to eliminate due process. Really? That's beyond dispute?

I'm not taking issue with the rest of your argument about University policies for adjudicating sexual-assault claims. It does seem that it's been quite a mess in some cases. I would just advise against making these kinds of absolutist claims; it taints the rest of your evidence.
I am basing what i said on the statements of the people who wrote the guidance as well as the fact that over 100 courts have determined that the rules implemented in light of Obama's guidance did not provide sufficient due process. The drafters/proponents of the guidance didn't hide their intention to tip the scales in favor of the "survivors"

Specifically, they changed the standard of proof to the preponderance standard most favorable to complainants despite the fact that the Supreme Court has ruled that the clear-and-convincing standard is appropriate for those civil proceedings where "particularly important individual interests or rights are at stake."

They also advocated for a variety of policies that eliminated or severely limited the right to discovery, of cross-examination, the the right to have representation of counsel, the right to have a neutral judge, etc. These are facts - and all of these reduced or eliminated well established due process protections for students (and others) accused of wrongdoing. These policies were widely adopted (if not universally)

I also note that Obama/Catherine Lhamon did this without following any of the typical rule making procedures (i.e., proposing rules and allowing public comment, etc.). That may seem trivial, but I'm sure you are outraged when Trump does similar things.

The changes were so clear and unambiguous infringements on due process, that even liberal Harvard law professors objects - this article lists many of the specific issues.

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/10/15/28-harvard-law-professors-condemn-harvards-new-sexual-harassment-policy-and-procedures/?noredirect=on&utm_term=.454723f9ed30

https://www.weeklystandard.com/kc-johnson-and-stuart-taylor-jr/overruled-campus-kangaroo-courts-get-schooled

https://www.theatlantic.com/education/archive/2017/09/the-uncomfortable-truth-about-campus-rape-policy/538974/

https://www.forbes.com/sites/georgeleef/2016/03/04/yet-another-good-reason-to-abolish-the-department-of-education/#5e2cd73716db

BearGoggles
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tigertim said:

tigertim said:

Good lord. This isn't Jussie Smollett. It's not UVA. This girl isn't claiming to have been gangraped by 15 people at gunpoint with no corroborating witnesses. She said she got drunk at a frat party, people weren't taking no for an answer, and her friends helped her leave. And that players/young volunteer coaches said nasty stuff to her after she rejected their advances. Depressingly believable. And not ok.

I've read through ten pages of this crap and it's frankly unbelievable to me that the response of Berkeley alums to a current Berkeley student's credible claims of sexual harassment is to dig through a college student's Instagram account and whine about her bikini pictures.

Some of you are embarrassing yourselves. Jesus Christ.
As an endnote: I love this team, I love the players, and I love football. And honestly, the behavior described by the alleged victim would probably be par for the course at SEC programs.

But this isn't an SEC program. It's UC Berkeley. Football is an important part, but not the most important part, of our community. Our student body, alumni, and administration won't tolerate the football team acting like chauvinistic *******s. And they shouldn't. I hope, and I'm confident, that our Title IX office will take these allegations seriously.
How do you know this isn't a Jussie Smollett situation and that the student's claims are "credible"? It is fair for people to evaluate the facebook post and other facts and ask questions and/or point to inconsistencies. The woman is the one who chose to post this on FB in a way that would draw maximum nationwide attention. She is the one who cast herself as a financially needy student. Once she did that, it is fair for everyone to look at the allegations and ask questions.

edg64
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It can now be said;







Paige Elizabeth Cornelius is Amy
sycasey
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BearGoggles said:

sycasey said:

BearGoggles said:

The Obama guidance to universities (recently reversed by Devos) massively tipped the scales in favor of alleged victims and eliminated due process for the alleged wrongdoers. This was explicitly the intention and beyond dispute.
You have a tendency to say a lot of things are "beyond dispute" (or using similar language) when making a claim that would very much be disputed. For example, above you seem to think it's "beyond dispute" that Obama wanted to eliminate due process. Really? That's beyond dispute?

I'm not taking issue with the rest of your argument about University policies for adjudicating sexual-assault claims. It does seem that it's been quite a mess in some cases. I would just advise against making these kinds of absolutist claims; it taints the rest of your evidence.
I am basing what i said on the statements of the people who wrote the guidance as well as the fact that over 100 courts have determined that the rules implemented in light of Obama's guidance did not provide sufficient due process. The drafters/proponents of the guidance didn't hide their intention to tip the scales in favor of the "survivors"

Specifically, they changed the standard of proof to the preponderance standard most favorable to complainants despite the fact that the Supreme Court has ruled that the clear-and-convincing standard is appropriate for those civil proceedings where "particularly important individual interests or rights are at stake."

They also advocated for a variety of policies that eliminated or severely limited the right to discovery, of cross-examination, the the right to have representation of counsel, the right to have a neutral judge, etc. These are facts - and all of these reduced or eliminated well established due process protections for students (and others) accused of wrongdoing. These policies were widely adopted (if not universally)

I also note that Obama/Catherine Lhamon did this without following any of the typical rule making procedures (i.e., proposing rules and allowing public comment, etc.). That may seem trivial, but I'm sure you are outraged when Trump does similar things.

The changes were so clear and unambiguous infringements on due process, that even liberal Harvard law professors objects - this article lists many of the specific issues.

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/10/15/28-harvard-law-professors-condemn-harvards-new-sexual-harassment-policy-and-procedures/?noredirect=on&utm_term=.454723f9ed30

https://www.weeklystandard.com/kc-johnson-and-stuart-taylor-jr/overruled-campus-kangaroo-courts-get-schooled

https://www.theatlantic.com/education/archive/2017/09/the-uncomfortable-truth-about-campus-rape-policy/538974/

https://www.forbes.com/sites/georgeleef/2016/03/04/yet-another-good-reason-to-abolish-the-department-of-education/#5e2cd73716db
Again, I think you have a good argument here. I just think you shouldn't lead with statements like "beyond dispute." Lay out your case and let people decide after they've heard your points.
StillNoStanfurdium
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TheFiatLux said:

sycasey said:

Fyght4Cal said:

oskioski said:

Fyght4Cal said:

NVBear78 said:

flounder said:

TonyTiger said:

I'm sorry but I didn't read any further after she said she met a man at midnight who she felt was a sicko and stocking her. Its nonsensical. No woman would do that. I'm not saying she's lying but I had to reread it three times before simply moving on.
I did read a snippet somewhere else where she said she's dealing with mental illness, now that might explain why she went there for her mental illness would not allow her to think clearly and she was processing information wrong, either way don't they do background checks and wouldn't it not say somewhere that she's dealing with mental issues thus a high profile employer would probably not hire her.

If she's definitely got mental issues then I definitely side with her for it makes everything worst for she had the same ability to make major decisions as a child thus why she kept making wrong ones. Her mental illness actually makes this quite worst than simple Sexual Harassment.

Who hired her without talking to her fellow players I bet they knew based on her openness to admit it now.

based on the info she gave I'm betting its a former WR coach.
i agree, she sounds like an absolute nut job based on her decision to go to the hotel room and to the party. she is an adult and chose to start drinking the tequila. what kind of sane and rational adult would go to a party filled with people she feels uncomfortable around and starts binge drinking.

that being said, hopefully wilcox and knowlton did what they are legally and morally required to do.



If you look at her profile on social media and the multitude of scantily clad and suggestive pictures she is still posting you will see she is seeking attention. Amazing to see her also using social media to troll for her coming lawsuit, is that what what plaintiff sexual harassment lawyers really encourage now?
There is absolutely nothing inappropriate or attention-seeking in her Instagram. Unless it's being judged by an extreme religious conservative. A young SoCal woman in a bikini? Oh, the humanity!

you're kidding, right?


P.T. Barnum was right. Every darn minute.
And some of the usual suspects here lapped it up.

I'm going to wade in here. I like all of you, but you, GMP, Fyght all look pretty bad here. This is not a fake - I have heard on good authority from people who know this person that this was hers. You guys have done what you wrongly accused OskiOski of doing and in doing so you're actually calling yourselves out. You should apologize. I've heard from several people, who I find very credible, who know her who told me about their encounters with her that made me question this.

Jussie Smollet just happened. Nathan Philips just happened. This isn't ancient history. Both of those narratives were so preposterous, that the only way people could believe them or "lap it up" is if they wanted to believe it (for whatever reason). This is the exact same. There is so much about what she wrote that just beggars all belief, added to the fact that someone who took the time to write all of this on Facebook - ie on social media - wouldn't also include a screen capture, unless you just want to believe it, you'd think twice about its credibility.

Some of you owe OskiOski an apology.


I obviously don't expect you to name names, but I'm wondering who you heard from. Like her peers? Family? And did they specifically validate the veracity of this specific post (ie: they saw the instagram story themselves) or are they verifying that 'paigefinstacorn' was indeed her finsta? Because if you heard from someone who absolutely doubles down on having seen this story themselves then we can put the argument to rest definitively IMO. Also knowing when this would've been posted would also be relevant to the accusation as a whole.
TDub
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pingpong2 said:

Is nobody wondering how she went from going to an expensive private school in Brentwood, flying on private jets to XC meets, travelling through Asia and Europe, vacationing in Martha's Vineyard and the Hamptons, all while staying at the Ritz and Four Seasons to suddenly becoming a poor college student? Her family must have had fallen on some serious hard times or something in the past year...either that or college students these days have it wayyyyyy better than I did.
https://www.seeking.com/sugar-baby-university

https://www.seeking.com/sugar-baby-university/usa
Goobear
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edg64 said:

It can now be said;







Paige Elizabeth Cornelius is Amy
?
going4roses
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Ahhh Gooo you were not around in the days of "Amy" the troll, someone on the board with more knowledge/information will have to explain it.
Tell someone you love them and try to have a good day
Goobear
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going4roses said:

Ahhh Gooo you were not around in the days of "Amy" the troll, someone on the board with more knowledge/information will have to explain it.
Got ya
SoCalie
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Thank you, Troll On You Bears, for the very warm welcome - much appreciated!
txwharfrat
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Goobear said:

going4roses said:

Ahhh Gooo you were not around in the days of "Amy" the troll, someone on the board with more knowledge/information will have to explain it.
Got ya


They went by AMythicalProgram (in other words U$C)..... hence the Amy reference....
tigertim
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BearGoggles said:

sycasey said:

BearGoggles said:

The Obama guidance to universities (recently reversed by Devos) massively tipped the scales in favor of alleged victims and eliminated due process for the alleged wrongdoers. This was explicitly the intention and beyond dispute.
You have a tendency to say a lot of things are "beyond dispute" (or using similar language) when making a claim that would very much be disputed. For example, above you seem to think it's "beyond dispute" that Obama wanted to eliminate due process. Really? That's beyond dispute?

I'm not taking issue with the rest of your argument about University policies for adjudicating sexual-assault claims. It does seem that it's been quite a mess in some cases. I would just advise against making these kinds of absolutist claims; it taints the rest of your evidence.
I am basing what i said on the statements of the people who wrote the guidance as well as the fact that over 100 courts have determined that the rules implemented in light of Obama's guidance did not provide sufficient due process. The drafters/proponents of the guidance didn't hide their intention to tip the scales in favor of the "survivors"

Specifically, they changed the standard of proof to the preponderance standard most favorable to complainants despite the fact that the Supreme Court has ruled that the clear-and-convincing standard is appropriate for those civil proceedings where "particularly important individual interests or rights are at stake."

They also advocated for a variety of policies that eliminated or severely limited the right to discovery, of cross-examination, the the right to have representation of counsel, the right to have a neutral judge, etc. These are facts - and all of these reduced or eliminated well established due process protections for students (and others) accused of wrongdoing. These policies were widely adopted (if not universally)

I also note that Obama/Catherine Lhamon did this without following any of the typical rule making procedures (i.e., proposing rules and allowing public comment, etc.). That may seem trivial, but I'm sure you are outraged when Trump does similar things.

The changes were so clear and unambiguous infringements on due process, that even liberal Harvard law professors objects - this article lists many of the specific issues.

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/10/15/28-harvard-law-professors-condemn-harvards-new-sexual-harassment-policy-and-procedures/?noredirect=on&utm_term=.454723f9ed30

https://www.weeklystandard.com/kc-johnson-and-stuart-taylor-jr/overruled-campus-kangaroo-courts-get-schooled

https://www.theatlantic.com/education/archive/2017/09/the-uncomfortable-truth-about-campus-rape-policy/538974/

https://www.forbes.com/sites/georgeleef/2016/03/04/yet-another-good-reason-to-abolish-the-department-of-education/#5e2cd73716db


It's an administrative procedure, not a criminal trial. You're not going to jail; you're just getting kicked out of UC Berkeley. They're not remotely comparable.

The procedural protections present in criminal trials are designed to stack the deck *against* the prosecutor. He can't just prove that you "probably" raped someone. He has to prove that you almost certainly did it. This means that lots of people who actually did commit crimes are getting off (or just not being prosecuted in the first place because the prosecutor doesn't think he can win) - ie, there's a lot of Type II error. And we accept that, because we consider the possibility of someone who actually didn't rape someone going to jail - ie, Type I error - totally unconscionable. Because they're gonna be locked in a metal cage for years on end.

But we don't have the same concerns in, say, expulsion proceedings, and intuitively, you probably understand that.

For example, I don't think we'd bat an eye at the idea of someone being kicked out for plagiarism, even if we didn't have totally dispositive proof that the person knowingly copied passages from another journal, rather than just like, innocently forgot to put quotation marks around it. We wouldn't say, "oh, you need to prove with 99% certainty that the person did it, and you have the right to appeal over and over again, and you have the right to a government-provided counsel," and so on. That's ridiculous. It makes it impossible to expel someone despite the fact that the consequences - you're kicked out of a prestigious school, and that's literally it - are honestly...pretty minor? The same is true of Title IX complaints.

Were we to impose those incredibly defendant-friendly proceedings, schools would just decide not to expel people in all but the most insanely over-the-top circumstances. There'd be Type II error.

Unfortunately, you're getting your wish. The Trump administration has promulgated new rules rolling back the Dear Colleague standards. The standards the new administration has proposed create greater protections for the accused--heightened evidentiary standards, a presumption of no guilt, right to cross-examination, and greater appeal rights--than you'd get in basically any other administrative proceeding, for basically no other reason than that they presume the people making complaints are liars.

The upshot of this is that it's going to be essentially impossible to kick someone out of school for sexual harassment/assault. People won't want to bring complaints, the school won't want to go through the hassle of bringing a case, and a lot of terrible young men get to keep being awful.

Don't take it from me. Take it from my fianc. She was drugged and raped at an Ivy League grad school during the Dear Colleague years, brought a Title IX complaint. The "accused" still graduated. And the police told her they'd never get a conviction.
Yogi58
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tigertim said:


But we don't have the same concerns in, say, expulsion proceedings, and intuitively, you probably understand that.
Don't give him more credit than he deserves.
blungld
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flounder said:

Another Bear said:

going4roses said:

Maybe attention is all she wants to achieve/ seeks to gain?
What do you believe, think or fell she wants to achieve/seek?
after looking at her instagram story posts, it appears she is desperately seeking attention. her posts are pathetic and inappropriate.
She was begging for it right?

I am pretty disheartened by the troubling sleuthing and horrible takes like this that are pretty sexists and approach accuser shaming/victim bashing,

"The Bear will not quilt, the Bear will not dye!"
Yogi58
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GMP said:

tequila4kapp said:

oskioski said:




you're kidding, right?


I know it was just 'my gut' and all but there you go...more to the story, and a much more nuanced story at that. Just as I predicted.
*eye roll*

Confirmation bias. You didn't spend more than 3 seconds wondering if this was real.
I've never been an Instagram user, but for what it's worth there is no paigefinstacorn account on Instagram.
Yogi58
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freshfunk said:

GMP said:


No, of course not. (1) That's not her username; (2) "paigefinstacorn" is obviously fake (finsta); (3) It even says "meme".


I don't know if it's real or just but I want to clarify a few things.

1) A user can change their Instagram username at any time.
This is true, but if she was going to change her fake Instagram account name, she probably would have changed her Facebook and real Instagram account names as well and made the real Instagram one private. Privacy does not appear to be one of her life priorities.

The other thing (wading into the pool of Instagram posts), you don't see captions like this over people's photos. You have the photo and then the comments are off to the right.
cal83dls79
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Yogi Bear said:

freshfunk said:

GMP said:


No, of course not. (1) That's not her username; (2) "paigefinstacorn" is obviously fake (finsta); (3) It even says "meme".


I don't know if it's real or just but I want to clarify a few things.

1) A user can change their Instagram username at any time.
This is true, but if she was going to change her fake Instagram account name, she probably would have changed her Facebook and real Instagram account names as well and made the real Instagram one private. Privacy does not appear to be one of her life priorities.

The other thing (wading into the pool of Instagram posts), you don't see captions like this over people's photos. You have the photo and then the comments are off to the right.
plenty of meme-foucused Instagram accounts out there

http://mediakix.com/2018/03/instagram-meme-accounts-best-funniest/#gs.2plbk3
Priest of the Patty Hearst Shrine
cal83dls79
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My 12 Step Memegate experience
Step 1- boy, the guy who created this will upset some people on this board as it is a poor attempt at sarcasm
Step 2- amazed that some people thought it was real (thankfull at this point I hesitated in making fun of these guys and then need to issue apologies)
Step 3- wuh, she really posted this in a finsta account, no way? This based on someone somebody who knows someone who knows her said..so I'm still not all in, plus who does this?
Step 4- I'm 70/30 no way/holy crap at this point and still glad I have declined to take a definite position
Step 5 - little reading up on why people set up finsta accounts and their motivations
Step 6- 90/10 holy crap it was her account but still open to ideas
Steps 7- 12 are left open as speculation swirls or I realize this is kind of a strange fixation and put a halt to it . Maybe Maine Maple Day will cure me.

Self Edits: poor(er)structure
Priest of the Patty Hearst Shrine
pingpong2
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Yogi Bear said:


The other thing (wading into the pool of Instagram posts), you don't see captions like this over people's photos. You have the photo and then the comments are off to the right.


I'm guessing that you've never seen IG Stories. Otherwise, you'd know it's pretty common to have text overlayed on top of the photo.
freshfunk
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@yogi:

For someone who's never used Instagram, you seem to act like the authority on how people use social media. Doesn't the dissonance stand out to you?

She could've deleted her finsta account at any time. I did a quick Google search for that finsta username, and found it was connected to an Insta account that seems to be connected to someone that easily could be her sister (they look alike and have the same name but the site is from a third party site that probably crawled insta and so had some historical footprints).

Others have said that they've verified with people that are friends with her that it's her real finsta. And while that's second hand (and the person could be a complete liar) it's looking more and more to be plausible rather than fake.
oskioski
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Fyght4Cal said:

oskioski said:

Fyght4Cal said:

NVBear78 said:

flounder said:

TonyTiger said:

I'm sorry but I didn't read any further after she said she met a man at midnight who she felt was a sicko and stocking her. Its nonsensical. No woman would do that. I'm not saying she's lying but I had to reread it three times before simply moving on.
I did read a snippet somewhere else where she said she's dealing with mental illness, now that might explain why she went there for her mental illness would not allow her to think clearly and she was processing information wrong, either way don't they do background checks and wouldn't it not say somewhere that she's dealing with mental issues thus a high profile employer would probably not hire her.

If she's definitely got mental issues then I definitely side with her for it makes everything worst for she had the same ability to make major decisions as a child thus why she kept making wrong ones. Her mental illness actually makes this quite worst than simple Sexual Harassment.

Who hired her without talking to her fellow players I bet they knew based on her openness to admit it now.

based on the info she gave I'm betting its a former WR coach.
i agree, she sounds like an absolute nut job based on her decision to go to the hotel room and to the party. she is an adult and chose to start drinking the tequila. what kind of sane and rational adult would go to a party filled with people she feels uncomfortable around and starts binge drinking.

that being said, hopefully wilcox and knowlton did what they are legally and morally required to do.



If you look at her profile on social media and the multitude of scantily clad and suggestive pictures she is still posting you will see she is seeking attention. Amazing to see her also using social media to troll for her coming lawsuit, is that what what plaintiff sexual harassment lawyers really encourage now?
There is absolutely nothing inappropriate or attention-seeking in her Instagram. Unless it's being judged by an extreme religious conservative. A young SoCal woman in a bikini? Oh, the humanity!

you're kidding, right?


P.T. Barnum was right. Every darn minute.
still waiting for your apology.
pingpong2
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Why did the thread with the texts get taken down?
BearGreg
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Staff
pingpong2 said:

Why did the thread with the texts get taken down?
Because no one can 100% verify they are from and to her.
Alkiadt
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BearGreg said:

pingpong2 said:

Why did the thread with the texts get taken down?
Because no one can 100% verify they are from and to her.


It's playing out.
Real or not they're obviously now in the hands of people who will decide this.

I know who I'm betting on.
pingpong2
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Fair enough, but then why is the finsta post still up?
TrackLife
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NY Post

https://nypost.com/2019/03/21/ex-cal-student-football-coach-threatened-to-fire-me-if-i-didnt-have-sex-with-him/
NVBear78
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Alkiadt said:

BearGreg said:

pingpong2 said:

Why did the thread with the texts get taken down?
Because no one can 100% verify they are from and to her.


It's playing out.
Real or not they're obviously now in the hands of people who will decide this.

I know who I'm betting on.



Yup
OdontoBear66
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BearGreg said:

pingpong2 said:

Why did the thread with the texts get taken down?
Because no one can 100% verify they are from and to her.
At the same time the finsta post was left up. Once you choose to censor it puts YOU in the position of power. You should be careful.

BTW, I agree with you taking it down. I suspect it is something you did not want on your site, but be quite cautious with censorship
Yogi58
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OdontoBear66 said:

BearGreg said:

pingpong2 said:

Why did the thread with the texts get taken down?
Because no one can 100% verify they are from and to her.
At the same time the finsta post was left up. Once you choose to censor it puts YOU in the position of power. You should be careful.

BTW, I agree with you taking it down. I suspect it is something you did not want on your site, but be quite cautious with censorship
There is no such thing as censorship on a private site.
SurvivorOf1and10fkaLEA
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Yogi Bear said:

OdontoBear66 said:

BearGreg said:

pingpong2 said:

Why did the thread with the texts get taken down?
Because no one can 100% verify they are from and to her.
At the same time the finsta post was left up. Once you choose to censor it puts YOU in the position of power. You should be careful.

BTW, I agree with you taking it down. I suspect it is something you did not want on your site, but be quite cautious with censorship
There is no such thing as censorship on a private site.
Of course there is censorship on a private site. BearGreg just did it. I think what you mean is that there is no 1st amendment right to free speech afforded on a private site.

You also demonstrated a clear misunderstanding of what hearsay is in another post. Hearsay is an out-of-court statement proffered for the truth of the matter asserted. It's all hearsay at this point, including the claimant's original FB post.

You continue to embarrass yourself with an ignorance that an 11th grade education should have cured.
TheFiatLux
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BearGreg said:

pingpong2 said:

Why did the thread with the texts get taken down?
Because no one can 100% verify they are from and to her.
This is ridiculous. People have been making assertions throughout for the past week that can't be 100% verified, in fact the Facebook post in the OP is one great big unverified assertion. These assertions usually are flat out wrong, and you let them stay. I also know the origins of those texts, including at least one person she referenced in them who extemporaneous to her sending those texts was telling us how much trouble she was so to stay far away. This person's credentials are beyong reproach.

For those who didn't see them, there were strong and credible - hey we have heard that before - documents and evidence that demonstrated much of what the perpetraitor (as far as I am concerned she was never a victim and certainly isn't now) claimed were flat out lies. Demonstrable, prima facie lies. This isn't a bipolar issue or PTSD issue, This is someone who is morally bankrupt. I'm tired of people like this getting free passes to destroy other people's reputations and we're all supposed to politely say "gosh, I hope she gets help with her problems." BS, I hope she has to pay restitution. I also would like to see all the people who jumped to conclusions (despite so many recent examples of where it would be far wiser to withhold judgement,) own their actions.
BearGoggles
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tigertim said:

BearGoggles said:

sycasey said:

BearGoggles said:

The Obama guidance to universities (recently reversed by Devos) massively tipped the scales in favor of alleged victims and eliminated due process for the alleged wrongdoers. This was explicitly the intention and beyond dispute.
You have a tendency to say a lot of things are "beyond dispute" (or using similar language) when making a claim that would very much be disputed. For example, above you seem to think it's "beyond dispute" that Obama wanted to eliminate due process. Really? That's beyond dispute?

I'm not taking issue with the rest of your argument about University policies for adjudicating sexual-assault claims. It does seem that it's been quite a mess in some cases. I would just advise against making these kinds of absolutist claims; it taints the rest of your evidence.
I am basing what i said on the statements of the people who wrote the guidance as well as the fact that over 100 courts have determined that the rules implemented in light of Obama's guidance did not provide sufficient due process. The drafters/proponents of the guidance didn't hide their intention to tip the scales in favor of the "survivors"

Specifically, they changed the standard of proof to the preponderance standard most favorable to complainants despite the fact that the Supreme Court has ruled that the clear-and-convincing standard is appropriate for those civil proceedings where "particularly important individual interests or rights are at stake."

They also advocated for a variety of policies that eliminated or severely limited the right to discovery, of cross-examination, the the right to have representation of counsel, the right to have a neutral judge, etc. These are facts - and all of these reduced or eliminated well established due process protections for students (and others) accused of wrongdoing. These policies were widely adopted (if not universally)

I also note that Obama/Catherine Lhamon did this without following any of the typical rule making procedures (i.e., proposing rules and allowing public comment, etc.). That may seem trivial, but I'm sure you are outraged when Trump does similar things.

The changes were so clear and unambiguous infringements on due process, that even liberal Harvard law professors objects - this article lists many of the specific issues.

https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/10/15/28-harvard-law-professors-condemn-harvards-new-sexual-harassment-policy-and-procedures/?noredirect=on&utm_term=.454723f9ed30

https://www.weeklystandard.com/kc-johnson-and-stuart-taylor-jr/overruled-campus-kangaroo-courts-get-schooled

https://www.theatlantic.com/education/archive/2017/09/the-uncomfortable-truth-about-campus-rape-policy/538974/

https://www.forbes.com/sites/georgeleef/2016/03/04/yet-another-good-reason-to-abolish-the-department-of-education/#5e2cd73716db


It's an administrative procedure, not a criminal trial. You're not going to jail; you're just getting kicked out of UC Berkeley. They're not remotely comparable.

The procedural protections present in criminal trials are designed to stack the deck *against* the prosecutor. He can't just prove that you "probably" raped someone. He has to prove that you almost certainly did it. This means that lots of people who actually did commit crimes are getting off (or just not being prosecuted in the first place because the prosecutor doesn't think he can win) - ie, there's a lot of Type II error. And we accept that, because we consider the possibility of someone who actually didn't rape someone going to jail - ie, Type I error - totally unconscionable. Because they're gonna be locked in a metal cage for years on end.

But we don't have the same concerns in, say, expulsion proceedings, and intuitively, you probably understand that.

For example, I don't think we'd bat an eye at the idea of someone being kicked out for plagiarism, even if we didn't have totally dispositive proof that the person knowingly copied passages from another journal, rather than just like, innocently forgot to put quotation marks around it. We wouldn't say, "oh, you need to prove with 99% certainty that the person did it, and you have the right to appeal over and over again, and you have the right to a government-provided counsel," and so on. That's ridiculous. It makes it impossible to expel someone despite the fact that the consequences - you're kicked out of a prestigious school, and that's literally it - are honestly...pretty minor? The same is true of Title IX complaints.

Were we to impose those incredibly defendant-friendly proceedings, schools would just decide not to expel people in all but the most insanely over-the-top circumstances. There'd be Type II error.

Unfortunately, you're getting your wish. The Trump administration has promulgated new rules rolling back the Dear Colleague standards. The standards the new administration has proposed create greater protections for the accused--heightened evidentiary standards, a presumption of no guilt, right to cross-examination, and greater appeal rights--than you'd get in basically any other administrative proceeding, for basically no other reason than that they presume the people making complaints are liars.

The upshot of this is that it's going to be essentially impossible to kick someone out of school for sexual harassment/assault. People won't want to bring complaints, the school won't want to go through the hassle of bringing a case, and a lot of terrible young men get to keep being awful.

Don't take it from me. Take it from my fianc. She was drugged and raped at an Ivy League grad school during the Dear Colleague years, brought a Title IX complaint. The "accused" still graduated. And the police told her they'd never get a conviction.
You've presented a strawman argument. I've never suggested that criminal ("beyond reasonable doubt) standard should apply in Title IX context or that there needed to be a 99% certainty.

What should apply is typical due process protections like the right to ask questions of your accuser (indirectly if need be), the right to know charges against you, the right review evidence in advance, the right to have an attorney assist you, the right to call witnesses or present their testimony, and, most importantly, the right to a hearing (and if need be an appeal) before a true neutral - i.e., the Title IX investigator can't be the prosecutor, judge and jury. These are the most fundamental of protections that, until the Obama guidance, applied in virtually all civil and administrative contexts. These cases are now working their way through the courts and, fortunately, courts are ruling against colleges and upholding long standing notions of due process. The Devos regulations will be adopted through the correct rule making procedures with public comment (in stark contrast to the Dear Colleague letter) and will include long held due process protections.

While not the same as going to jail, getting kicked out of UC Berkeley is a pretty severe consequence that follows you your entire life - basically no other college will accept you because your transcript will note the issue. Totally appropriate for some one found guilty/responsible after a fair hearing. But the hearing should be fair because the consequences are severe. And the hearing should take place before the sanction is imposed with allowances for interim measures to protect the complainant (i.e, no contact orders).


 
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