Frank Shannon Suspended For One Year (Kind Of)
Posted on: August 11, 2014
Image via ESPN
Monday afternoon the University of Oklahoma released a statement from president David Boren addressing the ongoing Title IX investigation of linebacker Frank Shannon. As a result of the university’s internal investigation, the school’s Title IX panel ruled that Shannon will serve a one year suspension from the school. Shannon can appeal the decision, though that will take place outside of the university (i.e. district court).
As a result of said appeal, it would appear — according to Boren — OU cannot currently enforce the one year suspension. Therefore it would seem until the district court issues some type of ruling, Shannon is still technically a part of the program.
The news comes after Shannon’s participation in a number of team events, including fall camp, while he and the program awaited the results of the investigation. Pending the appeal, the team could be forced to move on without him for the coming season in which case they would rely primarily on talented sophomore Jordan Evans.
We’ll continue to update you on this situation as more information becomes available.
– UPDATE: Statement from David Boren – “The University of Oklahoma has been asked repeatedly by the media about the outcome of the internal disciplinary proceedings relating to Frank Shannon. As permitted by Federal privacy laws in matters such as these, the University is allowed to disclose its institutional processes and its final decisions. This process includes the Title IX Office inquiry, a hearing panel comprised of faculty and staff, and an appeal to the chief student affairs officer. This process was completed on June 18th. The final decision of the internal disciplinary process was suspension of the student for one year. Federal privacy law and other legal considerations prohibit me from discussing the case further.
The University is unable to enforce its process at this time. The University has and is taking every legal step possible to move this process forward. The University is currently seeking to enforce its decision so that it may be in compliance with federal law requiring responses by institutions to such matters in a timely manner. With the fall semester beginning August 18, time is of the essence.“
103 Comments
Jordan Evans better not take too big of a hit from his case of Mono
Just to be clear we don’t have any confirmation that he has mono. The official report is he has the flu. And thats all we have to go on.
Sorry what is a mono?
You get it from kissing vigorously.
And that’s how you win the internet^^^^^^^
Haha, fantastic comment and reply.
You get it from many sources. My freshmen year at OU I got mono and I hadn’t kissed anybody yet.
I had a friend in high school who said he got it from touching his lips to the water fountain spout-go figure.
My roommate got it last hear, never told me how. Oh, college.
LAWL, Stephen…LAWL
This and you can get pregnant from a toilet seat.
Whos this vigorously chick? I want no part of her.
mononucleosis. Viral upper respiratory complaint commonly spread between young adults. Not life threatening, debilitating for 2-3 weeks with proper attention.
I had a friend who was out of sports for 6 months with mono, because of spleen enlargement.
Ah thank you
From a legal standpoint- 1 year suspension from the school. Can he leave and go to another school under Title IX. I assume he can not be on campus, loses his scholarship, plus 1 year of eligibility???
So can confirm that Frank Shannon practiced today. So it sounds like the OU staff is business as usual. Maybe they’re thinking that since this can’t be enforced by OU they’re going to move forward as if he’s going to play this year.
I am confused. Or can he go ahead and play if he plans to appeal ? I wonder if anyone has ever appealed under Title IX? I guess it’s time to do a little research.
Looks like he can play until a district court renders a decision on his appeal. I anticipate Coach Stoops is going to allow him to play during this process. But we will have to wait and see for sure.
Here is a great write-up with details about the process by Jason Kersey: http://newsok.com/oklahoma-football-wheres-frank-shannon-a-look-into-the-title-ix-appeals-process/article/5130789?custom_click=rss&utm_source=twitterfeed&utm_medium=twitter
Should the suspension be enforced during mid-season would we have to vacate any wins in games where Frank Shannon saw playing time? Lord I could see some crap like that happening
Ruling won’t be considered truly sanctioned until the district court upholds the universities decision.
This
Do you feel like he’s OK to play until the court rules or do you think that could bring in the NCAA vacating wins?
I would not play him. Although, it’s probably not much difference than Dez. Didn’t he play a game or 2 before being suspended? Haven’t there been some situations where basketball players have been expelled from school during the season? Its not really an NCAA issue. Technically he is enrolled in good standing. Lol.
My fear, too. Am sure the staff and all university legal minds are working to answer this.
I don’t know the fine print details of a situation like this but I, like you, don’t think the University and staff would take a chance of throwing away part of a season. I bet they know without doubt what the process and outcome would be.
It’s just the fear of the common fan, me. But I’m afraid of spiders, too. : 0 The U will absolutely KNOW going in.
I think they know full well how they sit. Precedent from other cases, thinking there was one just last year that player played while under appeal.
After reading the article and the statements, it appears that “catch-22” is less ambiguous. Do I have this right? – A Fed law tells all universities that they MUST have a board that then suspends a student even if no criminal or civil charges are filed, thus opening themselves up to lawsuits for violating the rights of the suspended student because they did so without adequate evidence….
Good points. I almost wonder if Boren’s statement is more of a ‘oops – we can’t enforce the Univ policies’ tongue in cheek. Perhaps this appeals process lasts 5-months and season is over anyway???
Lets suspend him from summer school next year.
Playbook show coming up on FSOklahoma.
Thanks for the heads up!
Does this mean that this is the same kinda punishment that Mixon will receive?
Up to this point, I believe Mixon’s situation is a criminal matter outside the University therefore Title IX wouldn’t enter in so they would not be similar. We will still have to wait and see though. I for one am tired of all this waiting.
Also becomes title 9 issue bc of sex crimes. Mixon won’t be dealing with that,
What sex crime? How can there be a crime when both the “victim” and the district attorney decline to press charges?
That’s the title 9 requirement. Because it was a sex crime in nature. It’s required to be reported & investigated due to title 9 & has consequences due to federal grants etc to students
No it’s a witch hunt. An institutionally and federally approved witch hunt.
Pretty much
Exactly! The law is a weird thing. I guess this fits along the lines that I could be found innocent in criminal court but may have to pay restitution when the case is brought up,again in civil court. If the girl did not bring this matter to the university then I don’t why they are involved.
Title IX is sexual harassment or other sexual crimes…Mixon’s was a self defense
Even if district court over rules, if DBo, JoeC & Stoops don’t want him to play bc of circumstances un becoming or simply for circumventing the system…. Then he won’t play. He will stand on the side lines.
If you want to read the pertinent statutes, here they are:
20 USC 1683 (Title IX, also found at http://www.dol.gov/oasam/regs/statutes/titleix.htm )
5 USC 706 (Scope of review of administrative agency action, which covers a Title IX disciplinary hearing by a university, found at: http://www.law.cornell.edu/uscode/text/5/706 )
So, that means that sometime in June, Frank Shannon would’ve had to appeal this to federal district court in OKC. Under 5 USC 705, the agency issuing the decision “may” postpone the effective date of the action pending judicial review. They are not required to do so. If they don’t, the judge can do what is necessary to preserve the rights and status of the affected party. Generally, this means a temporary injunction against enforcing a Title IX disciplinary ruling.
If the University can’t enforce their ruling then that means a federal judge has issued a temporary injunction pending a full hearing reviewing the evidence. Because there’s simply no way that Boren and OU stayed the action voluntarily. Boren’s wording that OU is “unable to enforce its process” gives this away. He would’ve said “we have stayed implementation of the suspension pending judicial review” if OU had done so voluntarily.
And, yes, I do mean a FULL hearing. Under section 706(2)(F), an agency ruling such as this is potentially subject to trial de novo. That’s legalese for “new trial.” The rulings, findings, and conclusions of the OU hearing panel are disregarded entirely in a trial de novo. OU would have to convince the judge that Shannon violated the sexual harassment policy by a preponderance of the evidence. In football terms, preponderance of the evidence just means that OU made it across midfield from their own goal line. At the very least, OU will have to show that their finding was supported by substantial evidence. This is akin to getting to your own 35 yard line from the goal line.
The problem for Shannon is that the substantial evidence standard isn’t terribly difficult to fulfill. The problem for OU is that federal judges are far more demanding when it comes to what evidence should or should not be considered in the measurement of what is “substantial.”
Until the federal court issues its ruling, there can be no suspension or action of any kind enforced by the agency’s ruling. Going back to the analogy well yet again, if your driver’s license is suspended for a DUI, and you lose the DPS administrative hearing to save your license, an appeal to district court instantly restores full driving privileges pending a trial de novo. Federal courts do not move with blinding speed. Hell, courts in general don’t move with blinding speed. Where OU’s Title IX requirements butt heads with the due process entitled to Shannon under 5 USC 706 and 20 USC 1683, due process ALWAYS wins.
(TIN FOIL HAT)
Right now, OU needs image management desperately as far as the football team goes. First, Shannon, then DGB comes in, then Mixon gets in trouble, and all of their issues involved violence against women. Nothing else garners negative media attention faster. Boren hates that kind of attention being aimed at OU.
So, if you’re OU, what do you do? The DGB issue is up to the NCAA, and the chance to mitigate that is past. The Mixon issue is up to the DA, and Title IX doesn’t apply. If the DA chooses not to prosecute or implements a minimal charge, then you’ll have a hard time forcing a substantial suspension on Mixon after such an exhaustive investigation by the DA/Norman PD.
That leaves Shannon as your only viable scapegoat. You suspend Shannon for a year in the Title IX process, regardless of the evidence, and let him take it to federal court where you expect the case to be overturned upon review. You force the court to issue a temporary injunction so that you can’t be accused of violating Title IX’s requirement for timely action. That way, you can wash your hands and say “we did what we were supposed to do, but that silly federal judge got in the way!”
(/TIN FOIL HAT)
Man, give me one of those!
I like this breakdown and it appears to be a well thought out plan.
And Nate is a lawyer people, so he definitely knows what he’s talking about
Running through scenarios, possible outcomes and the causes thereof is just using your head. Tin foil hat is another topic altogether.
Dumb law that leads to the kind of strategy you suggest. It is a dumb law, one that congressmen probably didn’t read when they passed it decades ago. Universities don’t want to be in the business of law enforcement, it’s not their role. But the law was written to protect the victim so if Universities don’t take action, the accusers go to the Feds who then announce that they are investigating 60 some odd Universities for not complying with Title IX. It’s been my experience that people who actually want to sit on a jury have a reason and it isn’t justice. So tell me, how does OU select the people who sit in judgment of Title IX cases.
What do you expect from a Judicial System that to some degree decides who getsa early release from prison based on how many beds they have available not the crime and rehabilitation of the individual! Not to get religious but It doesn’t belong to man who is walking even to direct his own step!
How does OU select who sits on the hearing panel? Good question. Wish I knew the answer. Honestly I have no idea., but I imagine the right two people could sway the whole panel, and the university is best suited to know the psychology and dynamics of the faculty and staff.
It is kind of a dumb law.
On the other hand, campus rape has been epidemic in this country since coed campuses came into being (and probably before that). Administrations basically sat on their hands and there was truly evil pressure on young women to shut up and transfer.
And this happened at Southern schools, at Northern schools, at little liberal arts colleges and at major urban campuses.
Keep it quiet was the byword.
If you proceed with bad faith, sooner or later people get pissed off enough to pass a blunt hammer of a regulation.
And here we are.
& I’d give this the post of week. Well done sir.
Nate, do you know how location/jurisdiction applies to Title 9 cases? If this happened off campus, does the law have complete jurisdiction regardless of location of alleged offense?
Just seems if off campus, that this over stretches what I’d think was the spirit of Title 9…being university based.
Not if it’s two students.
Just seems as though that would be a weak spot in Title 9 if challenged in court.
No, Title IX still applies. The DOJ has published an article where it states that off campus activities between students can still fall under title IX.
To clarify, there has to be some connection between the university and the off campus location where the alleged incident occurred. For instance, if this happened at off-campus housing owned/operated by OU, title IX applies.
Nate, I’m curious about what influence Boren could have had on the actual process. I’m guessing that OU has sort of office on campus that handles this and regular procedures that are followed. Could Boren really pick up the phone and tell the office to go ahead and suspend him?
Boren has a lot of influence. The hearing panel consists of 5 members. The university picks 2 faculty/staff, the accused picks 2 faculty/staff, and the 4 chosen members pick the 5th. Any appeal of the hearing panel’s ruling goes through the president before it’s final.
Although I’m not a trial lawyer, here’s my read as a transactional lawyer and a fair amount of experience with political message. In President Boren’s press statement, it is important to note the following: “The University is unable to enforce its process at this time.” In other words, the University has rendered its decision…but can’t “make it stick” until the appeal process is completed. If the matter is now in the hands of the Federal District Court, I would be surprised (actually shocked) if this matter was heard on an expedited basis. The wheels of the judicial system move very slow . With all this being said, Coach Stoops and Co. may be taking the approach that they will let Frank play. After all, the matter won’t likely be heard by the Court until well after the FB Season ends. At that point, what happens if the Court upholds its ruling against Frank? He’s likely suspended from a school he’s no longer attending anyway.
What would this mean as far as vacating wins? Not sure if you have an idea, but that seems like something that I would be concerned with if I were involved in this decision.
While not sure, I would suspect the “innocent until ultimately proven guilty” doctrine would apply to Frank. But again, this is way outside my area of expertise and I don’t know how the NCAA has analyzed these situations before (but I’m sure OU’s legal and compliance departments have vetted this extensively).
For those that would a very long read on Title IX cases, please see the attached law review article. The author contends that Universities have much more at risk if they don’t rule against the alleged party in a Title IX sexual harassment claim. Interesting read.
http://mynkuhelp.nku.edu/content/dam/chaselaw/docs/academics/lawreview/v40/nklr_v40n1_pp049-092.pdf
Seems to be a purely legal situation and has nothing to do with violating any NCAA rules per se. Just my thoughts on this though, so I may be way off base. Basically he is going through the legal process and if and when this gets finalized and he is found guilty, if that scenario comes to pass, it would be the university that has suspended him and not the NCAA, so they have no say in anything football related.
Hey guys it’s off the topic of football but don’t know if anyone has read it yet but Robin Williams was found dead and apparently they think it may have been a suicide. Very very sad.
I absolutely LOVED every movie he was in and him as an actor.
Poor guy was flat broke from all the alimony he was paying out. Hope the ex-wives choke on it.
Very unfortunate. He was awesome.
Meanwhile Christians are being executed in Iraq, even crucified. But nobody, including the media, ever wants to talk about that. Celebrities are of upmost importance. What a crappy world we live in.
Don’t want to get too far off topic but you are, in a sense, right. Don’t know if this is the right forum to bring all that into the discussion tho…definitely don’t want to take away from Robin either…
Higg is correct…lets please be careful where we are treading here. The condolences for Williams was fine but lets not take this into a religious/political/ontological/social discussion. This is a football forum. We don’t have off topic forums. Thanks
Haha, K! This is a perfect “Well that escalated quickly” moment. Way to be the extinguisher here.
Good Explanation
http://newsok.com/oklahoma-football-ou-asks-state-supreme-court-to-uphold-frank-shannon-suspension/article/5154881?custom_click=rss&utm_source=twitterfeed&utm_medium=twitter
I didn’t see this coming I really thought of the 4 guys in question shannon had the best chance. I thought mayfield’s was the only one that deserved a positive decision though. But I just don’t get how the university’s title 9 admin or whatever could come to this conclusion. His situation was very he said she said and she said basically nothing happened. I suppose she still felt violated or embarrassed and I hope that’s not what shannon is being punished for. Hopefully the district court rules in Shannon’s favor but it looks unlikely to me.
I agree with SoonerDirtLawyer. OU can’t do anything until the process has run it’s course. Personally, I think there are a number of problems with the Title IX process. It was written to protect alleged victims, so it is tilted to eliminate the normal due process requirement that we consider important to balancing the scales of justice. Universities aren’t equipped to replace the judicial system. Students and faculty sit on the review panel. Ask yourself, who would want this duty, could it be someone with a bias? No voir dire or jury selection afforded. That is wrong. Accused can’t confront his or her accuser. Pretty much a fundamental right denied. That’s wrong.
There have been cases over the years. While losing a college scholarship or potential professional career isn’t the same as going to jail, it’s still a very significant consequence.
Finally, people who commit sexual assault should be punished if proven guilty. But this is all our society’s fault. We’ve been encouraging sexual activity among young people who aren’t ready for the responsibilities involved. Title IX is the way those who promote free birth control and encourage sexual exploration handle the negative consequences of their policies.
Can’t beleive this crap. Talk about complete over reach by the university. No one pressing charges, the woman not asking the university to step in. Two students, off campus and the only way anyone knew was a third party called police with misinformation. Sounds like Title IX is a feminist way to over protect grown women.
I was with you until you said “feminist”. Not sure where that fits in the picture…
Feminists in the sense of 1970 ERA ilk. Women are covered by the law. Title IX was meant to put extra emphasis on women’s athletics to make up for years of neglect. The fact it continues in this way in circumstances as these is a complete distortion of its purpose. It’s affords a female an extra avenue of “justice” and those that are empowered by it are so sensitive of being labeled this or that they will err on the side of political correctness and not was is fair and just. The true feminist of the early 1900s scorned special treatment based on them being female; they demanded the SAME consideration and opportunity as men with their sex being a non-issue. That’s the type of equality I can stand behind.
Werd!
Gotcha. I didn’t mean to come across as a smartass, I just really had no idea. Thanks for the breakdown.
It’s all cool I didn’t take it that way. Some folks here (like you) get my benefit of the doubt, even when we disagree or are not making a point clear.
I think they’re just trying to avoid the media backlash that would come if they did nothing.
Bingo! However, someone on that board is pretty well bent to get something done which is indicated by how quickly they took the case before the state Supreme Court.
It sure seems as though the staff is on top of this and nobody seems worried. Strange
I was thinking the exact same thing…it’s awfully calm for the starting MLB (our thinnest position, depth wise) to be suspended for the season…is there something I’m missing here?
Boren, Joe, and Bob are all tight. I’m hoping this decision was made for saving face and the appeal was planned ahead of time banking on the court system dragging it’s feet until later in or after season where Frank can then skate away and everyone has clean hands.
Meanwhile, we’re taking a hit at ILB…that has to have some people worried…right? I know I am!
Technically, as long as it’s tied up in court, there is nothing preventing him from playing. By the end of the season we should have some more depth ready to go and we lose people after their Jr. year all the time anyway.
Gotcha. I was wondering, though, what type of impact this would have later on. If he is allowed to play, then later found responsible and is punished, would that result in vacated wins?
I’m no rules expert just to be clear, but looking around at what other people are saying, I don’t think any rules are being broken until there is a final ruling therefore no punishment unless he played beyond the ruling.
Makes sense. Thanks, Ray! I get a little remedial when it comes to issues like this.
I think we are all having pre-season jitters.
Not disputing your point but do you think that the OU administration pretty much knows Shannon will lose a year and rather than him lose this one and come his senior year that they would rather delay enforcement and lose him his senior year? He should have a degree by then. Then again they might think pushing this all back one year and he gets to play then see how it pans out in the multiple appeals scenarios.
I’m just throwing stuff at the wall right now, no idea what anyone is really thinking. I am pretty sure that Bob has had conversation with Boren and JoeC, if he is still practicing and with the ones as has been reported, I’ve got to believe they think the odds of him playing are better this year than next year.
Not on top of it at all. They have covered up vital details. Including a polygraph test administered that stated Shannon was telling the truth. In law enforcement it is known that it is very hard for a rapist or sexual assault violator to lie their way through the test.
Can anyone at TFB verify if Shannon has actually been taking 1st team reps most/all of time during practice, scrimmage?
Combined with DirtLawyers explanation, I think that would tell me all I need to know.
couldn’t give you an exact number, but he has certainly taken some 1st team reps throughout camp
Does FSU comply with Title IX…not sure how Jamison has gotten away from the title ix wrath
I read somewhere that they are being investigated for their decision, may be why OU is taking their position….to stay on the side of the law.
That’s exactly why. FSU delayed their investigation and then only met with Winston. They didn’t meet with the alleged victim or possible witnesses.
Not sure if that accuser was a student, that would be big difference possibly
Accuser is a student and parents are alums.