# Yale Basketball Sexual Misconduct

**URL:** <https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029>\
**Category:** In My Humble Opinion\
**Created:** [March 15, 2016, 1:06am UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029 "2016-03-15T01:06:26Z")\
**Posts on this page:** 6\
**Page:** 10

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [March 22, 2016, 1:35pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/181 "2016-03-22T13:35:46Z")

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> [@Stringbean](#):
>
> Well, as seriously as a woman who gets into your bed naked, sleeps with you, leaves, comes back, and a year later claims rape.

You understand that this narrative is Montague’s version of events, right?

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**Author:** ![Stringbean](https://avatars.discourse-cdn.com/v4/letter/s/d6d6ee/32.png) [@Stringbean](https://boards.straightdope.com/u/Stringbean)\
**Post date:** [March 23, 2016, 12:19am UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/182 "2016-03-23T00:19:01Z")

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I thought the timeline of events was acknowledged by both parties?

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**Author:** ![Girl\_From\_Mars](https://avatars.discourse-cdn.com/v4/letter/g/3da27b/32.png) [@Girl\_From\_Mars](https://boards.straightdope.com/u/Girl_From_Mars)\
**Post date:** [March 23, 2016, 8:51am UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/183 "2016-03-23T08:51:01Z")

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> [@astro](#):
>
> [I predict this is not going to end well for Yale.](http://www.dailymail.co.uk/news/article-3495934/Coed-claimed-forced-sex-Yale-basketball-captain-texted-time-alleged-assault-asking-meet-said-college-wouldn-t-let-recant.html)Expelled Yale basketball captain shows up to cheer his team at March Madness, as [Dailymail.com](http://Dailymail.com) exclusively reveals co-ed texted him AFTER alleged sexual assault asking to meet up again  
> Jack Montague led the Yale University basketball team to its first post-season in more than 50 years but was expelled before the tournament  
> Montague, 22, made a surprise appearance at the first March Madness game in which underdog Yale beat Baylor on Thursday  
> He is suing Yale for expelling him just three months before graduating  
> He says the sex was consensual and he is being used as a scapegoat as universities grapple to combat sexual assault issues  
> According to a source, when a female friend asked the coed why she didn’t take back her claim she cryptically answered: ‘I can’t. They won’t let me.’  
> ‘She texted Jack several times with increasing intensity,’ a close friend tells Daily Mail Online  
> ‘He replied ‘Is everything all right,’ and she said something like ‘I’m OK, I’m not pregnant or anything’’  
> The woman did not report the incident to authorities at the time  
> University police at Yale and the New Haven Police Department both say they have never been called in to investigate.

I wonder if he didn’t use a condom after saying he would - with the comment about not being pregnant, which I could see how would be unconsented to sex… No idea really though, and without access to the records, hard to see how anyone would be able to say whether it was a justified expulsion or not.

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**Author:** ![Jackmannii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jackmannii/32/311_2.png) [@Jackmannii](https://boards.straightdope.com/u/Jackmannii)\
**Post date:** [March 23, 2016, 12:26pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/184 "2016-03-23T12:26:30Z")

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> [@Acsenray](#):
>
> A university has a right and a duty to kick people out when they affect the community negatively.
> 
> Unless you can show that they’re discriminating against someone they should be able to kick that person out from anything to being a downer to being someone who “we’re pretty sure raped someone.”

You’re actually saying a university should be able to kick out a student for being a “downer”?

I assume this means that if a student has a bout of depression, the acceptable solution is to have a committee make a determination that he/she is contributing to a negative atmosphere, and must go.

“Always with the negative waves, Moriarty.”

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [March 23, 2016, 1:38pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/185 "2016-03-23T13:38:49Z")

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> [@Stringbean](#):
>
> I thought the timeline of events was acknowledged by both parties?

Montague’s attorney _claims_ that timeline is acknowledged by both parties. I doubt he is lying outright, but I also doubt he is not spinning the facts for PR purposes (or leaving out other, more incriminating parts of the acknowledged facts).

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**Author:** ![Lochdale](https://avatars.discourse-cdn.com/v4/letter/l/edb3f5/32.png) [@Lochdale](https://boards.straightdope.com/u/Lochdale)\
**Post date:** [March 24, 2016, 7:52pm UTC](https://boards.straightdope.com/t/yale-basketball-sexual-misconduct/749029/186 "2016-03-24T19:52:23Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> Yes, but Lochdale seems to be talking about evidence of the same bad act. I can’t see any way that a prior extrajudicial finding about the same event is anything but prejudicial.

Sorry if I wasn’t clear but if a defendant in a criminal case puts forth evidence of their good character could this disciplinary hearing be used against them? Alternatively, wihtout mentioning the specifics of the hearing or event he crime, could the fact that the defendant was expelled from the University be raised?

And given that you are a lawyer I am surprised that you’re so supportive of extra-judicial hearings on issues such as these.

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