Another nice thing is that the case should be decided by summary judgment. There are no facts in dispute. Only the issue of damages will be need a trial, if they don’t consent to have the judge set them. Duke U will also be a major target worth millions. By suspending the three boys and disbanding the team they certainly prejudged the boys’ guilt and thereby defamed them. I can’t see them getting off the hook for less than 5 million per kid.
This is just further proof that liberalism is a sure way to bankruptcy, both moral and fiscal.
Two words: Actual Harm.
Duke U will also be a major target worth millions. By suspending the three boys and disbanding the team they certainly prejudged the boys’ guilt and thereby defamed them.
The suspension of the team, canceling of season and firing of the coach very probably are actionable. Unfortunately, I don't see that the "Otherwise-Unemployable-Eighty-Eight" can be shown to have done anything that's likely to ever go to trial; they might be induced to settle for small amounts under the assumption that a judge would let the case go forward.
As disheartening as it is, the likely outcome of this whole affair is: no serious punishment for the Professors--who I agree have behaved unethically and unprofessionally but probably not actionably--and the addition of yet another 3-6 credits in "diversity" for already overburdened students in hard-science and engineering.
Believe it can't happen? That is exactly what happened at my Alma Mater. In response to a hoax perpetrated by a black student, the University mandated reeducation/sensitivity training for everyone. This despite the fact that in a great many of the mathematically oriented curricula it was already nearly impossible to fit the required credit load into 4 years. After the hoax was exposed, the university maintained that the "controversy" surrounding the affair showed how necessary "diversity appreciation" was, and anyway, this kind of thing happens all the time, it just isn't reported...
Uh-huh.
A liberal using the propositional calculus is like a fish using a bicycle.
This kind of bad behavior on the part of universities isn't going to be remedied until Alumni start demanding accountability from Administrators, and believe me, that is never going to happen.