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    Quote Originally Posted by bluto View Post
    Because it's a free hit this way. The media is doing the bidding of her legal team here.

    We know Kelly And we know his past. Judgements are being made.

    Only fair that we know his accuser.
    So identifying her would change what, precisely?
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    IF I were an innocent party and was being defamed I would feel entitled to a public examination of my accuser.

    What if this is something they'd done before? What if they had a record of past misdeeds?
    What if I intended to sue for defamation?

    I'm only observing that this trial by media is demonstrably one sided.

    I don't think that's even a debatable point.
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    Innocent until proven guilty.

    Shawn Oakman lost his NFL opportunity for an incident where he was eventually found not guilty.

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    Quote Originally Posted by bluto View Post
    IF I were an innocent party and was being defamed I would feel entitled to a public examination of my accuser.

    What if this is something they'd done before? What if they had a record of past misdeeds?
    What if I intended to sue for defamation?

    I'm only observing that this trial by media is demonstrably one sided.

    I don't think that's even a debatable point.
    If this suit ever gets to court, Kelly will have every opportunity to engage in a public examination of his accuser. And he has every opportunity right this minute to sue for defamation, if he feels he has been defamed.
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    This sucks on all levels but even more so if it's true.

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    The accepted procedure when a harassment claim is made, is for the organization to institute an independent investigation to determine the validity of the accusation. It appears in this case, the organization for whatever reason, chose not to implement that process. Therefore, it has ended up with a civil court case. Until the case has been decided we should withhold judgement.

    That being said, the appropriate action by the organization is to immediately suspend the accused (with pay is normal) until the validity of the accusations have been decided. In this situation that decision rests with the court. There are a number of ways this could go, including a settlement, resulting in the claimant withdrawing charges and signing a non disclosure agreement.

    If there is no settlement and court finds for the plaintiff, which is in effect supporting the accusations, the organization (MLSE) will then have to decide what appropriated actions should be taken against the employee (Kelly). This could result in Kelly not playing this year.

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    Deshaun Watson initiated sexual contact with 12 different athletic therapists and got an 11-game suspension. FWIW.

    Football considerations aside, I just hope Chad is getting the kind of psychological therapy that he clearly needs, and I say that because I love the guy.

    It’s terrible what happened to the Argos trainer, but it was the team management that turned a troublesome situation into a very serious issue.
    Last edited by Rich; 02-23-2024 at 12:26 AM.

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    Quote Originally Posted by Shatto View Post
    The accepted procedure when a harassment claim is made, is for the organization to institute an independent investigation to determine the validity of the accusation. It appears in this case, the organization for whatever reason, chose not to implement that process. Therefore, it has ended up with a civil court case. Until the case has been decided we should withhold judgement.

    That being said, the appropriate action by the organization is to immediately suspend the accused (with pay is normal) until the validity of the accusations have been decided. In this situation that decision rests with the court. There are a number of ways this could go, including a settlement, resulting in the claimant withdrawing charges and signing a non disclosure agreement.

    If there is no settlement and court finds for the plaintiff, which is in effect supporting the accusations, the organization (MLSE) will then have to decide what appropriated actions should be taken against the employee (Kelly). This could result in Kelly not playing this year.
    Civil suits don't move that quickly. If this is not settled out of court, it will be before the courts long after this season gets under way.
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    Quote Originally Posted by paulwoods13 View Post
    Civil suits don't move that quickly. If this is not settled out of court, it will be before the courts long after this season gets under way.
    This is another reason why MLSE may try to reach a settlement before the season begins. The settlement would in all likelihood include a non-disclosure agreement.

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    Quote Originally Posted by Shatto View Post
    The accepted procedure when a harassment claim is made, is for the organization to institute an independent investigation to determine the validity of the accusation. It appears in this case, the organization for whatever reason, chose not to implement that process. Therefore, it has ended up with a civil court case. Until the case has been decided we should withhold judgement.

    That being said, the appropriate action by the organization is to immediately suspend the accused (with pay is normal) until the validity of the accusations have been decided. In this situation that decision rests with the court. There are a number of ways this could go, including a settlement, resulting in the claimant withdrawing charges and signing a non disclosure agreement.

    If there is no settlement and court finds for the plaintiff, which is in effect supporting the accusations, the organization (MLSE) will then have to decide what appropriated actions should be taken against the employee (Kelly). This could result in Kelly not playing this year.
    This is obviously super ugly. They could suspend Kelly now and call in a independent reviewer without affecting Kelly's availability to play in the season, if he is found innocent. The Argos need to find an experienced backup QB because even if innocent Kelly has not shown he handles pressure well in the playoff game. While I like Cameron Dukes, it may be too much to expect him to carry the team if things go wrong with this. It also raises the question of Kelly's ability to handle pressure which is going to be greater than what we saw in the playoff game when he wilted. I hope this works out for the Argos and Kelly, but a lot of damage has already done to a team that seemed to finally break through to Toronto with a crowd of 25,000+ showing up for the playoff game. Another sad effect will be on the ability to attract women to Argo games.

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    Quote Originally Posted by jerrym View Post
    This is obviously super ugly. They could suspend Kelly now and call in a independent reviewer without affecting Kelly's availability to play in the season, if he is found innocent. The Argos need to find an experienced backup QB because even if innocent Kelly has not shown he handles pressure well in the playoff game. While I like Cameron Dukes, it may be too much to expect him to carry the team if things go wrong with this. It also raises the question of Kelly's ability to handle pressure which is going to be greater than what we saw in the playoff game when he wilted. I hope this works out for the Argos and Kelly, but a lot of damage has already done to a team that seemed to finally break through to Toronto with a crowd of 25,000+ showing up for the playoff game. Another sad effect will be on the ability to attract women to Argo games.
    He doesn't need to be "found innocent."

    Further: how do you reckon that anyone could be "found innocent"? And how could that even happen in a Wrongful Dismissal suit?
    Last edited by bluto; 02-23-2024 at 11:54 AM. Reason: typo/clarification
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    Quote Originally Posted by jerrym View Post
    This is obviously super ugly. They could suspend Kelly now and call in an independent reviewer without affecting Kelly's availability to play in the season, if he is found innocent. The Argos need to find an experienced backup QB because even if innocent Kelly has not shown he handles pressure well in the playoff game. While I like Cameron Dukes, it may be too much to expect him to carry the team if things go wrong with this. It also raises the question of Kelly's ability to handle pressure which is going to be greater than what we saw in the playoff game when he wilted. I hope this works out for the Argos and Kelly, but a lot of damage has already done to a team that seemed to finally break through to Toronto with a crowd of 25,000+ showing up for the playoff game. Another sad effect will be on the ability to attract women to Argo games.
    I would also like to see the Argos build some more depth at quarterback, beyond Kelly and Dukes. Kelly is very talented (we all witnessed that last season) but I do question his maturity and judgement and wonder how he will respond with the greater pressure he will have this season. He certainly didn't handle the pressure of the Eastern Final last season. Who knows how all of this will work out, but it makes me nervous that the Argos have built the team around Kelly and would feel better if they had a bit more depth at quarterback.

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    BO LEVI on his way..down the QEW.

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    Whether the allegations are true or not, the Kelly haters are already enjoying this news and are calling for his head. He is already “guilty”. I just don’t see the Argos terminating this former employee because she rejected Kelly’s alleged advances as the article states. We have heard one side of the story and Kelly and the organization will have an opportunity to tell their side.

    It’ll be interesting to see what Ambrosie does.

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    Quote Originally Posted by gilthethrill View Post
    Whether the allegations are true or not, the Kelly haters are already enjoying this news and are calling for his head. He is already “guilty”. I just don’t see the Argos terminating this former employee because she rejected Kelly’s alleged advances as the article states. We have heard one side of the story and Kelly and the organization will have an opportunity to tell their side.

    It’ll be interesting to see what Ambrosie does.

    Innocent until proven guilty. However, good time to kick the tires on Tre Ford?
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    It is a Wrongful Dismissal suit. The Harassment claim against the organization's biggest name is strong leverage and the Trial By Media has already begun.

    They know that the Argonauts settled before and came at them loaded for bear.

    Won't even matter if the club has a pile records of the-Accuser's sub-standard performance reviews, complaints from players and co-workers, incompetence, lateness or absence... this will follow Kelly and the Club forever. Won't even matter if the club has texts, emails and videos showing that the Accuser initiated the inappropriate conduct.

    The Accuser's legal team know this. They know that the Club will want this done away with prior to the season. They also know that for the club to defend against this suit will cost "X". So getting the Club to accept a hush-hush settlement for "X+N" should be a slam dunk.
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    Suing for $85k is "loaded for bear"?
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    Quote Originally Posted by paulwoods13 View Post
    Suing for $85k is "loaded for bear"?
    No, a Wrongful Dismissal suit with Harassment is.

    That is using a bazooka to kill a roach.
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  19. #19
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    So if she felt she was wrongfully dismissed, and she felt she was a victim of sexual harassment, what should she have done other than file a statement of claim?
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    My thoughts are she was waiting to see how the team and management would deal with this situation. When they did not renew her contract they were effectively sweeping the whole thing and her under the rug. Her only choice was to file against the team.

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