ISU Lawsuit??

SoonerNorm said:
http://www.desmoinesregister.com/st...-moody-iowa-state-bill-fennelly-sue/83236270/

If other players have signed affidavits in support of Moody, I expect ISU will attempt to settle this case at some point.
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I'm not convinced at all. So far, we've really only heard one side of the story.

"And there are other players that have signed affidavits or who have confirmed with us that similar things and some cases even more directly racist comments were made. But we can’t share that information right now."

Moody is the plaintiff, not the defendant. That statement sounds like a gross exaggeration or just an outright lie, otherwise they would share that information. They're trying to win in the court of public opinion, but they haven't produced any evidence (publicly) that would hold up in court.

Moody is going to have a hard time getting around this article:
http://amestrib.com/sports/women-s-...oody-fennelly-worked-make-her-isu-s-go-player

She has quotes in that article that directly contradict what she's claiming in the lawsuit. Things she didn't have to say.
 
I would think that unless she secretly recorded some of the comments she claims were made it turns into a 'he said, she said' type of situation.
 
MsProudSooner said:
I would think that unless she secretly recorded some of the comments she claims were made it turns into a 'he said, she said' type of situation.
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In civil court, it is much easier to win than in criminal court. In criminal court, the burden of proof is, "beyond a reasonable doubt." In civil court, the burden (in Oklahoma) is a "preponderance of the evidence." That means that if a jury believes it is 51% more likely that Moody is telling the truth, she will get a verdict. IF she gets a verdict in her favor, she still has to prove damages. That could be difficult. We have all seen cases (although rare) in which a jury finds in favor of the plaintiff but only awards $1.00 in damages.
 
The response from some of the former ISU players is rather disturbing; makes it seem like Moody is upset that she didn't make it in the WNBA and is now looking for a payday at the expense of her former coach/school.

Her attorney is saying other former players have backed her claims, but refuses to share any details. Meanwhile, a number of Fennelly's former players have used Twitter to defend him. Even more telling is that one black player, a teammate of Moody, is strongly defending her former coach and says Moody's claims are simply not true.

I always liked Moody as a player, but I have no sympathy for anyone who is willing to destroy lives/reputations for their own personal gain. I sincerely hope that isn't what this lawsuit is about.
 
Mac said:
We still live in a racist homophobic world...
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EXACTLY! And we all live in it no matter our feelings. Matter of fact, if we are not racist nor homophobic, then we are more aware, not less.
 
SoonerNorm said:
In civil court, it is much easier to win than in criminal court. In criminal court, the burden of proof is, "beyond a reasonable doubt." In civil court, the burden (in Oklahoma) is a "preponderance of the evidence." That means that if a jury believes it is 51% more likely that Moody is telling the truth, she will get a verdict. IF she gets a verdict in her favor, she still has to prove damages. That could be difficult. We have all seen cases (although rare) in which a jury finds in favor of the plaintiff but only awards $1.00 in damages.
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It looks like their are claims for defamation, Title VI discrimination, and claims of personal injury of stress, interference with her grades from stress, and the university swaying her education by pushing athletes towards certain degrees. With discrimination charges, I am guessing this was filed in federal court. The Plaintiff's attorney should know the best jurisdiction (either state or federal) to file and have the best chance of winning based on State vs Federal Judges and add in if filed in federal court which federal circuit tey are in. I am guessing since this is Iowa, they would want to file in federal court. As far as damages, there is also punitive damages and they can sometimes be larger than the compensatory. If there are affidavits from
credible people, then I think the university settles and pays damages and
complaint dropped against Fennelly and anyone else and none of the administration is fired, put on probation, etc., unless this case is really strong and then maybe someone is fired or forced to resign, somehow I don't see them letting Fennelly go unless there are specifics which can be proved and they are bad. Usually your initial complaint is broad and you can amend it to bring in more charges. Just filing it can bring more evidence out or through discovery.

Finally, I think Lindsay Meddors Fennelly probably has said more than she should when she mentioned looking "thug" up in the dictionary. That is like her saying it is okay to call Nickie a thug. I wonder if she just used an abbreviated dictionary and did not look for one which included slang
or contemporary. It doesn't matter because it shows that in our racist world, she is completely insensitive to the racism so she isn't one to be speaking to this subject and defending someone against racism.

EDIT TO ADD: I do not know the truth in this matter, I was just talking about what was out there and how it might play out and only gave an opinion about Lindsay.
 
SoonerNorm said:
http://www.desmoinesregister.com/st...ill-fennelly-nikki-moody-iowa-state/83301328/
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Excellent article and a statement in the article is very profound and applicable to most programs and explains in part how in disputes both sides are speaking the truth as they perceive it to be. The article is definitely worth reading.

"I am here to tell you that a team coached by Fennelly cannot be discussed in absolutes. It can only be discussed as a dichotomy: between the favorites and the non-favorites."
 
One might ask, if it was so bad, why did you stay there for 4 years. Sorry, but I think if you don't stand up to abuse, you leave yourself open to questions about your motivations. Saying it was racial discrimination begets the question, why the heck did a racist give you a scholarship. Just doesn't add up for me so I'mnot inclined to believe her.
 
Sooner Cal said:
One might ask, if it was so bad, why did you stay there for 4 years. Sorry, but I think if you don't stand up to abuse, you leave yourself open to questions about your motivations. Saying it was racial discrimination begets the question, why the heck did a racist give you a scholarship. Just doesn't add up for me so I'mnot inclined to believe her.
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Or, has someone else influenced her since her eligibility is over. I don't know if she has professional basketball aspirations, but this can't help them.
 
Sooner Cal said:
One might ask, if it was so bad, why did you stay there for 4 years. Sorry, but I think if you don't stand up to abuse, you leave yourself open to questions about your motivations. Saying it was racial discrimination begets the question, why the heck did a racist give you a scholarship. Just doesn't add up for me so I'mnot inclined to believe her.
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Well, its kind of like a woman who is being beaten by her husband and everyone asks her "why do you stay?" Then, judges her because she does stay.

Its a complicated place to be in when you are being abused, whether in a marriage or on a basketball team. We don't know enough about Moody personally to be able to say that she is not telling the truth simply because she stayed for 4 years. Its just not that simple. Remember, she IS still a kid.

That said, I am not saying that Fennelly is a racist or that anything he did was racially motivated. I do not know enough about the situation to say that. What I do feel is that there is enough smoke to warrant a pause and a look at the situation.
 
giraffespots said:
Well, its kind of like a woman who is being beaten by her husband and everyone asks her "why do you stay?" Then, judges her because she does stay.

Its a complicated place to be in when you are being abused, whether in a marriage or on a basketball team. We don't know enough about Moody personally to be able to say that she is not telling the truth simply because she stayed for 4 years. Its just not that simple. Remember, she IS still a kid.

That said, I am not saying that Fennelly is a racist or that anything he did was racially motivated. I do not know enough about the situation to say that. What I do feel is that there is enough smoke to warrant a pause and a look at the situation.
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+1
 
SoonerSpock said:
Excellent article and a statement in the article is very profound and applicable to most programs and explains in part how in disputes both sides are speaking the truth as they perceive it to be. The article is definitely worth reading.

"I am here to tell you that a team coached by Fennelly cannot be discussed in absolutes. It can only be discussed as a dichotomy: between the favorites and the non-favorites."
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I understood that quote to say that Fennelly treated his favorites different than his non-favorites; not that the dispute between Moody and Fennelly had two sides. Fennelly can't be discussed in absolutes because he is not the same with all players. The article is really supportive of Moody.

Maybe we are not necessarily disagreeing on this, perhaps I have read something into your post that was not there.
 
womenssports said:
I understood that quote to say that Fennelly treated his favorites different than his non-favorites; not that the dispute between Moody and Fennelly had two sides. Fennelly can't be discussed in absolutes because he is not the same with all players. The article is really supportive of Moody.

Maybe we are not necessarily disagreeing on this, perhaps I have read something into your post that was not there.
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I have attached that part of the article referenced in my comments that should explain what I meant by my comments.

I don’t know if Fennelly is racist in the conventional sense, but I do know if you are not a favorite, he has no compunction about attacking you in racial terms. I witnessed it and others did as well. The truth of the matter is Fennelly will attack a player he doesn’t like on any terms. I do not believe him to be evil, but he can be very cruel. I don’t believe he has any remorse, because he tells himself, and his team, he is doing it to make a player better. Those players that are favorites, take him at his word, because for them it’s true. He only pushes them to be better. However, those of us on the wrong side, the non-favorites, get pushed around simply because he can. He seems to take pleasure in it. I was not made better by Fennelly on the floor or anywhere else.

I am stronger for having survived him, but that’s about all I can say.

So, how can the former players supporting him be telling the truth? Because for them, he will do anything. He does consider them family. He does treat them with love and respect and he does help them believe in themselves. How can the fans supporting him be telling the truth as well? Because he always puts his best foot forward publicly. And because you, as a fan, only see what Fennelly wants you to see. Nevertheless, there are others, like me, who have had a very different experience with Fennelly. Please consider, before you attack Moody for what I’m certain you don’t understand, there may only be truth and no lies. For my part, I believe all the players and fans who have commented, including Moody. There is plenty of truth to go around.


In essence one's perception of the truth allows one to tell the truth as they see it whether factual or not.
 
Let's say that I taught English grammar. Would it be appropriate to insult a student in order to improve the student's performance? I don't exactly know when that has been an effective technique. If it were, would it be an appropriate technique? Why would it be acceptable in sports? When coaches yelled, I assumed that it was because they were incapable of making a logical argument. The successful ones didn't.
 
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