Leavitt & USF Mediation

[2000bull]

Scott carter had a blurb about it at the end of his article, Didn't know if anybody noticed it.

http://www2.tbo.com/content/2010/feb/11/lawson-making-most-of-final-year/sports-colleges-bulls/

Meanwhile, Leavitt's attorneys and USF officials are expected to hold a mediation hearing this month concerning Leavitt's dismissal with cause and any ramifications that may have on the $7.1 million remaining on his contract when he was fired.

let the speculations begin.

[smazza]

leavitt hit a student

he doesnt deserve a dime

[Who'sYourData?]

leavitt hit a student

he doesnt deserve a dime

smazza knows truth is elusive

[SANJAY]

Mediation hearing?  Terms make no sense.

Mediation is a facilitated negotiations where a neutral, the mediator, hears both sides and goes between the parties to try and get them to negotiate a settlement.  Not really a hearing.  Unlike arbitration where a neutral, the arbitrator, hears both sides, hears witnesses, takes evidence and then issues a ruling.

So if the parties are mediating and no suit was filed they are both doing so willingly to see if they can settle this without litigation.  If this falls apart they will have to mediate again before trial as Hillsborough county judges, like most in Florida, require parties to mediate at least once before trial and do not usually waive it because there was mediation pre-suit.

[smazza]

leavitt hit a student

he doesnt deserve a dime

smazza knows truth is elusive

i guess you didnt read the investigation report

leavitt is lucky he isnt getting prosecuted

[Who'sYourData?]

leavitt hit a student

he doesnt deserve a dime

smazza knows truth is elusive

i guess you didnt read the investigation report

leavitt is lucky he isnt getting prosecuted

I did read the investigative report.  Based on the report alone, I think a jury would find that Leavitt grabbed Miller by the collar, was very upset, and got in his face.  I think a jury would conclude that the "choking" Miller has reporte was pressure on Leavitt's neck from Leavitt having Miller's jersey wadded up in his hand. 

Based on the report, it is difficult to determine if a slap occurred, or the severity of said slap.  Based on what I've seen in the report, I would lean toward a slap occuring, of a light to medium-light variety.  It is easy for me to conclude that those players that did not see a slap, did not see a slap because of their location relative to the incident.  Someone standing behind Leavitt, for example, would not be able to see a slap occur, since it wasn't a roundhouse jab where the entire arm would be in motion, but a slap which primarily consists of the wrist being in motion. 

That said, based on only what is included in the report, I think it is difficult to prove a slap beyond a reasonable doubt.

Since you have much greater experience in these matters, can you shed some light on which portions of the report caused you to become convinced that Leavitt is a slapper?

[Who'sYourData?]

Incidentally, my speculation is that we'll see another small blurb in a few weeks that Leavitt and USF have come to a resolution of their mediation.  And we'll never hear another word from either party regarding the incident.  But I've been saying that for weeks.

[cmhatter]

leavitt hit a student

he doesnt deserve a dime

smazza knows truth is elusive

i guess you didnt read the investigation report

leavitt is lucky he isnt getting prosecuted

I did read the investigative report.  Based on the report alone, I think a jury would find that Leavitt grabbed Miller by the collar, was very upset, and got in his face.  I think a jury would conclude that the "choking" Miller has reporte was pressure on Leavitt's neck from Leavitt having Miller's jersey wadded up in his hand. 

Based on the report, it is difficult to determine if a slap occurred, or the severity of said slap.  Based on what I've seen in the report, I would lean toward a slap occuring, of a light to medium-light variety.  It is easy for me to conclude that those players that did not see a slap, did not see a slap because of their location relative to the incident.  Someone standing behind Leavitt, for example, would not be able to see a slap occur, since it wasn't a roundhouse jab where the entire arm would be in motion, but a slap which primarily consists of the wrist being in motion. 

That said, based on only what is included in the report, I think it is difficult to prove a slap beyond a reasonable doubt.

Since you have much greater experience in these matters, can you shed some light on which portions of the report caused you to become convinced that Leavitt is a slapper?

You don't fire someone for grabbing the shirt and you certainly aren't as experienced as the people who investigated the matter. The slap occurred, ballgame over.

Leavitt didn't wind up for a knock-out blow but it was solid contact... He didn't reach back for it... One of those slaps where your arm is at a 90 degree and you swing your forearm with the wrist locked.

just motion of the wrist would be a love tap and would hardly constitute any incident at all... if that happened then Leavitt would have just said he was tapping his face to wake him up...

But of course... Leavitt has no recollection of any incident at all and maintains his stance that he knelt down in front... which NOBODY corroborates or has seen. Just based on this alone, it is simple to say CJL is hiding something and is a liar in his own right.

In a civil court case, which isn't happening... you wouldn't need to prove beyond a reasonable doubt.

Leavitt will probably settle with USF but not for wrongful termination. They had all the reason in the world to fire him. His law team will find a loophole. I heard he's basically broke; he needs the dough.

[Triple B]

[USF_Grouper]

That said, based on only what is included in the report, I think it is difficult to prove a slap beyond a reasonable doubt.

Don't have to prove a slap beyond a reasonable doubt.  Civil trial, so simple preponderance of evidence suffices.  Don't even have to prove a slap, just have to prove USF had cause to terminate him.  Was he directed not to have contact with players regarding the investigation but later did?  Did he dispose of personal effects of a player involved in the investigation?  I don't think USF will have any trouble justifying it.

My guess though, as you said, is it will be settled privately.  It is worth it to USF to avoid the risk of a costly settlement and to avoid possibly bad press for a while to come.  My honest hope is that things can be settled amicably so perhaps one day Leavitt can be welcomed back on campus.  The serious errors in judgement he has made recently don't void the hard work and dedication he put into getting USF where it is today.