LightningRod
Legend
I'm assuming that when the -ichigan savants are referring to the need for due process they are referring to procedural due process - notice and an opportunity to be heard. Procedural due process is baked into the Sportsmanship bylaws at sections 10.3.1 and 10.3.2:
10.3.1 Commissioner’s Discretion, Timeliness, and Due Process. The Commissioner
has the discretion to pursue, or choose not to pursue, an investigation as to whether an
offensive action has occurred. In the event the Commissioner decides to pursue such an
investigation, the Commissioner shall commence the investigation as expeditiously as
possible upon notification that such an offensive action may have occurred. Upon
commencement of such an investigation, the Commissioner shall determine, as
expeditiously as possible, whether an offensive action did occur. Any involved institution
or individual at risk of disciplinary action shall be provided an opportunity, which may be
waived, to offer its or his or her position as to whether an offensive action occurred. The
timeframe within which an institution or individual shall provide its or his or her position
shall be set by the Commissioner, and shall be reasonable in light of the circumstances.
Upon determination that an offensive action did occur, the Commissioner shall, as
expeditiously as possible, determine whether disciplinary action should be imposed, and
if so, what it should be.
10.3.2 Notice of Disciplinary Action. In the event it becomes clear that an institution is
likely to be subjected to disciplinary action, the Commissioner shall notify that institution
or individual at the earliest reasonable opportunity. Under no circumstances shall the
Commissioner comment publicly regarding either an investigation or disciplinary action
without having first provided notice to any involved institution or individual.
There is nothing in the public record indicating that the Commissioner has denied -ichigan it due process. If anything he has given that school too much leeway. But let them threaten litigation. We'll see how far it goes. Perhaps the savants should instead focus on Section 10.1.2:
10.1.2 Obligation to Cooperate. Each institution is obligated to cooperate with the
Commissioner during the course of an investigation as to whether an offensive action has
occurred. An institution’s failure to cooperate shall result in a breach of this policy, which
shall be punishable in accordance with the terms of the policy.
10.3.1 Commissioner’s Discretion, Timeliness, and Due Process. The Commissioner
has the discretion to pursue, or choose not to pursue, an investigation as to whether an
offensive action has occurred. In the event the Commissioner decides to pursue such an
investigation, the Commissioner shall commence the investigation as expeditiously as
possible upon notification that such an offensive action may have occurred. Upon
commencement of such an investigation, the Commissioner shall determine, as
expeditiously as possible, whether an offensive action did occur. Any involved institution
or individual at risk of disciplinary action shall be provided an opportunity, which may be
waived, to offer its or his or her position as to whether an offensive action occurred. The
timeframe within which an institution or individual shall provide its or his or her position
shall be set by the Commissioner, and shall be reasonable in light of the circumstances.
Upon determination that an offensive action did occur, the Commissioner shall, as
expeditiously as possible, determine whether disciplinary action should be imposed, and
if so, what it should be.
10.3.2 Notice of Disciplinary Action. In the event it becomes clear that an institution is
likely to be subjected to disciplinary action, the Commissioner shall notify that institution
or individual at the earliest reasonable opportunity. Under no circumstances shall the
Commissioner comment publicly regarding either an investigation or disciplinary action
without having first provided notice to any involved institution or individual.
There is nothing in the public record indicating that the Commissioner has denied -ichigan it due process. If anything he has given that school too much leeway. But let them threaten litigation. We'll see how far it goes. Perhaps the savants should instead focus on Section 10.1.2:
10.1.2 Obligation to Cooperate. Each institution is obligated to cooperate with the
Commissioner during the course of an investigation as to whether an offensive action has
occurred. An institution’s failure to cooperate shall result in a breach of this policy, which
shall be punishable in accordance with the terms of the policy.
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