You have got to be kidding

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gmc
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You have got to be kidding

Post by gmc »

Cheerleader must compensate school that told her to clap 'rapist' - Americas, World - The Independent

I thought it was just our courts that did this kind of thing. What are the other cheerleaders doing even tolerating this guy being on the team never mind cheering for him. Are cheerleadres meant to take one - or even three - for the team without complaint or something. I'd have thought boycott all the games he was in as a matter of principle would be more appropriate. Why would any parent with a daughter at this school not be angry at this kind of attitude.
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spot
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Post by spot »

She had, presumably, a formal contract with the team. I can't see any other enforceable mechanism for compensation.

Ah - okay, I just read the article. Nobody brought any case against her, she sued the school and the "compensate" isn't for refusing to cheer, it's for bringing a frivolous lawsuit. That makes far more sense. Typical litigant grab-what-you-can greed being penalized by the court.
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gmc
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You have got to be kidding

Post by gmc »

spot;1358757 wrote: She had, presumably, a formal contract with the team. I can't see any other enforceable mechanism for compensation.

Ah - okay, I just read the article. Nobody brought any case against her, she sued the school and the "compensate" isn't for refusing to cheer, it's for bringing a frivolous lawsuit. That makes far more sense. Typical litigant grab-what-you-can greed being penalized by the court.


She gets punished for refusing to cheer the boy who raped her - at the very least you would expect some sympathy and understanding from the school why throw her off the cheerleading squad? How would you react if she had been your daughter that was involved. OK might be a bit more to it but it's almost like you were raped get over it just accept life is going on as normal and you shouldn't have complained. Wonder why the other cheerleaders don't have an issue?
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spot
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Post by spot »

This punishment of which you speak consisted of her being "expelled from the cheerleading squad", having demonstrated her unsuitability for a position on it? I think you're clutching at straws. No daughter of mine would ever have been enrolled at a school which boasted a cheerleading squad in the first place. I sent both my girls to single-sex secondary schools to avoid the types of situation the article describes. Rampant sexualization has no legitimate place within any school environment.

The other cheerleaders don't have an issue because, presumably, being so desensitized by their environment, they thought she was being a wuss. I, on the other hand, think she should never have been reduced to such degrading circumstances to start with.
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gmc
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Post by gmc »

I was struck by what seemed to be an incredibly sexist view of things, it seemed almost like she is being doubly ounished for comoplaining about being raped in the first place, presumable because as a cheerleader she was fair game. It's a different culture I suppose I am more interested on an american view of it.
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Scrat
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Post by Scrat »

From the article.

But two separate courts ruled against her, deciding that a cheerleader freely agrees to act as a "mouthpiece" for a institution and therefore surrenders her constitutional right to free speech. In September last year, a federal appeals court upheld those decisions and announced that HS must also reimburse the school district $45,000, for filing a "frivolous" lawsuit against it.


I agree. When she sought out and obtained the position she also took on the responsibilities and obligations. Do your job or get out. Since she tried to gain some money from it and lost she pays. This frivolous crap has to stop also, it's stupid stuff like this that hurts us, hell this is why the cop had to gas the baby squirrel. If it had bitten a kid the parents would have went straight to a lawyer and gotten millions.

It is galling though. I wouldn't say a word if she kicked the guy in the balls in front of the crowd either. I feel for her.
gmc
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Post by gmc »

Scrat;1358767 wrote: From the article.



I agree. When she sought out and obtained the position she also took on the responsibilities and obligations. Do your job or get out. Since she tried to gain some money from it and lost she pays. This frivolous crap has to stop also, it's stupid stuff like this that hurts us, hell this is why the cop had to gas the baby squirrel. If it had bitten a kid the parents would have went straight to a lawyer and gotten millions.

It is galling though. I wouldn't say a word if she kicked the guy in the balls in front of the crowd either. I feel for her.


She could claim it was a pre- emptive strike in self defence in case he tried it again.

What puzzles me is why the other cheerleaders don't support her. If he did it the odds are he's tried with others or maybe even raped someone who was too ashamed to complain. They must surely have a fairly good idea of what he is really like. Is cheerleading really such a big deal?
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Post by Wandrin »

In a very important way, she has won. Not only did she expose the guy as a rapist, but she also exposed the callous school board and school administration as caring more about "Mr. Popular" athlete than the health and safety of other students. They told her to be a polite little victim and conform. She stood up on her hind legs and told the world.
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Post by spot »

Wandrin;1358774 wrote: In a very important way, she has won.So... reimbursing the school district $45,000 is a sort of publicity surcharge?
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gmc
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Post by gmc »

By a strict legal interpretation she didn't have a case, I suppose, morally perhaps she did. Her only other option was to leave the squad voluntarily - why should she? Laws need to change with the times, in other fields an employer/school whatever forcing you do do something the circumstances would be taken in to account - what, for instance would have been the case if the cheerleading squad decided to go topless, would the same legalistic argument be applied?
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Post by flopstock »

spot;1358757 wrote: She had, presumably, a formal contract with the team. I can't see any other enforceable mechanism for compensation.

Ah - okay, I just read the article. Nobody brought any case against her, she sued the school and the "compensate" isn't for refusing to cheer, it's for bringing a frivolous lawsuit. That makes far more sense. Typical litigant grab-what-you-can greed being penalized by the court.


We have far too many attorneys in this country. What needed happening was that her family track the kid down and beat him to a pulp. Then everyone move on.

And I wouldn't worry too much about the costs here. I'm sure that same attorney has sold the rights to her story for a pretty little sum.
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Post by YZGI »

gmc;1358833 wrote: By a strict legal interpretation she didn't have a case, I suppose, morally perhaps she did. Her only other option was to leave the squad voluntarily - why should she? Laws need to change with the times, in other fields an employer/school whatever forcing you do do something the circumstances would be taken in to account - what, for instance would have been the case if the cheerleading squad decided to go topless, would the same legalistic argument be applied?


The crowds would definitely get bigger.
gmc
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Post by gmc »

YZGI;1358899 wrote: The crowds would definitely get bigger.


That's rude.:yh_rotfl

I suppose the footballers would throw a hissy fit. Americans do seem to have odd attitudes, it's OK having and they encourage half naked girls prancing about but refusing to cheer a rapist is frowned upon.

We normally just get men in skirts - well OK pipe bands of you prefer.
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Bryn Mawr
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Post by Bryn Mawr »

YZGI;1358899 wrote: The crowds would definitely get bigger.


Which part of the crowds?
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Post by mikeinie »

that has got to be the most dumb arsed, fecked up ruling in history... you couldn't even make that stuff up.. no one would believe it.

whatever happened to truth and justice???
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Post by spot »

You don't think the coach made the right call, do you. I can tell.
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Post by mikeinie »

spot;1359228 wrote: You don't think the coach made the right call, do you. I can tell.


Well maybe the coach should be buggered up the ars for a while by the guy, and then made to cheer him on.. I wonder if his opinion would alter..
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Post by spot »

You feel he lacks empathy.

I expect he was employed for his management skills, not as a babysitter.
Nullius in verba ... ☎||||||||||| ... To Fate I sue, of other means bereft, the only refuge for the wretched left.
When flower power came along I stood for Human Rights, marched around for peace and freedom, had some nooky every night - we took it serious.
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Scrat
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Post by Scrat »

What puzzles me is why the other cheerleaders don't support her. If he did it the odds are he's tried with others or maybe even raped someone who was too ashamed to complain. They must surely have a fairly good idea of what he is really like. Is cheerleading really such a big deal?


It could be 2 things. One is the cult like mentality that in some places pervade sports in America, especially in small tight knit communities. In places like that you are expected to strictly adhere to the orthodoxy or else. The silence of the other cheer leaders could be because of something we don't know. Maybe they think she brought it on herself.
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Post by LarsMac »

Scrat;1360681 wrote: It could be 2 things. One is the cult like mentality that in some places pervade sports in America, especially in small tight knit communities. In places like that you are expected to strictly adhere to the orthodoxy or else. The silence of the other cheer leaders could be because of something we don't know. Maybe they think she brought it on herself.


The second is a possibility, but we ARE talking Texas, here. If he had been a football player, she would have been strung up from the goal post for refusing to cheer.

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