A former Steubenville (Ohio) High School football player convicted of rape has filed a lawsuit against Youngstown State because of the school’s decision to not allow him to play in games this fall.
Ma’lik Richmond has been practicing with the FCS school this fall. But he’s not allowed to play in games for the team. Wednesday, he alleged in his suit that the school made an arbitrary decision to keep him from playing in 2017 and is fostering an anti-male bias because a petition against his inclusion — a petition that got widespread support — was started by a female student at the school.
Richmond and a teammate were found guilty of an August 2012 rape of a 16-year-old girl. He enrolled at YSU in 2016 and was a walk on this fall. Since he was convicted as a juvenile, he served a one-year sentence in juvenile detention for the rape conviction.
“On or around August 9, 2017, Coach Pelini called Greg Agresta and advised him that there was a lot of pressure being exerted by the university Board of Trustees and that President Tressel was proposing that Ma’lik be restricted to participating as a practice player and wait until the following year to play in games. This suggestion greatly upset Greg [Agresta], who said it was unfair to do that to Ma’lik and was not what Ma’lik, [guardians] the Agrestas, and Coach Pelini had agreed to. Jen Agresta was also angered by the suggestion, rejected it and insisted that she wanted to speak to President Tressel. She thereafter did meet with him and Ron Strollo and they suggested that Ma’lik be a “developmental redshirt” despite the fact that Ma’lik couldn’t technically be redshirted and did not require development. Indeed the Agrestas spoke with Coach Pelini later that day and he informed them that Ma’lik was practicing and performing better than ever and probably would be a starter at some point.”
The suit then claims the “suggestion” turned into reality after the petition’s recognition. The following graph from the suit is really quite remarkable coming from a plaintiff who is a convicted rapist.
“In taking unfair, unjust, and indefensible action against a male student who had not violated any rule or policy at YSU, defendant was infected by an anti-male bias that has swept across America’s universities and colleges and is only now being identified and challenged. This bias flows from years of criticism directed at colleges for purportedly being too lax in punishing sexual assault.”
Richmond is asking for a court injunction or temporary restraining order to prevent Youngstown State from withholding him from any other games, though we’re unsure how enforcement would go if he somehow prevailed. A court can’t mandate playing time.
The Ohio attorney general filed a response Thursday asking for the dismissal of the suit. From the Akron Beacon-Journal.
The Ohio Attorney General’s Office submitted a scathing reply on behalf of the university arguing why Richmond’s petition for relief shouldn’t be granted. The reply says “proving no deed goes unpunished,” the school has been “hauled into court by a student that YSU has bent over backward to assist, support and provide a second chance when no one else would.”
“The rest of the world had written Plaintiff off as an unrepentant rapist, but YSU encouraged him and integrated him as ‘part of the student community,’ “ the reply said.
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LawyerLady
I can explain it to you, but I can't understand it for you.
I'm going to kind of agree with the kid, here. Not that it's "anti-male" bias. BUT, they accepted him and allowed him to walk onto the team knowing his history. His JUVENILE history (I think he should have been tried as an adult - but he wasn't), and to say he can't play b/c of a petition signed by students is just ridiculous.
This whole "we let him in when no one else would" just doesn't fly. If you are going to let him in - treat him like every other student. Do any of your other students have juvenile records? Do they get to participate in school activities?
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LawyerLady
I can explain it to you, but I can't understand it for you.
he wasn't convicted of theft, drug abuse, some petty juvenile crime--he was convicted of a crime of violence against an innocent young woman--a rather large distinction--the suit will be dismissed--courts don't get to decide who plays and who doesn't--that's up to the atheletic department/coaching staff--no one else--the idea that a court can absolve a serious offender of guilt is ludicrous--this will be dismissed and rightfully so--would expel him in any case--if he's concerned about people's feelings against him then perhaps he should have considered that before he raped that young woman--why pander to this thug?
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" the only thing necessary for the triumph of evil is for good men to do nothing. "--edmund burke
I don't think it's pandering. What if students say the are uncomfortable with him in their classes? Does he then not get to attend classes? If he is paying to attend, and they put no conditions on his enrollment, and he hasn't done anything at that school to require discipline, I don't see how they can treat him differently. They admitted him and allowed him on the team. They could have refused to allow him on the team, but they didn't. They could have refused to admit him to the school, but they didn't.
And Juvie records are normally sealed. Without the media attention - no one would know. There could be others in that school with offenses just as bad that just didn't make the news.
He has served the sentence he was given.
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LawyerLady
I can explain it to you, but I can't understand it for you.
Personally, there are consequences for actions. He was convicted of rape, and that just doesn't go away. On the flip side, there are a lot of girls who claim rape when they are "caught" in a consensual sexual situation, too. And she was a minor, where some states (not sure about Ohio) view minors as lacking the ability to consent to sex under certain ages. It could have been that he was 18 and she was 16 and they were in a relationship, but her parents got upset and had him arrested. Or it could have been that he stalked a girl until she entered a dark alley and he rendered her disabled so he could have his way with her.
I think I would need to know more about the acts which led to his conviction before giving him a pass on this.
Also, I think much too much emphasis is placed on sports. He's in school to learn, and playing in a game is and should be, secondary.
No, it's not a right. And the coach can bench him for any reason. I just take exception to a school making it's decisions for one student based upon petitions of other students.
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LawyerLady
I can explain it to you, but I can't understand it for you.
Personally, there are consequences for actions. He was convicted of rape, and that just doesn't go away. On the flip side, there are a lot of girls who claim rape when they are "caught" in a consensual sexual situation, too. And she was a minor, where some states (not sure about Ohio) view minors as lacking the ability to consent to sex under certain ages. It could have been that he was 18 and she was 16 and they were in a relationship, but her parents got upset and had him arrested. Or it could have been that he stalked a girl until she entered a dark alley and he rendered her disabled so he could have his way with her.
I think I would need to know more about the acts which led to his conviction before giving him a pass on this.
Also, I think much too much emphasis is placed on sports. He's in school to learn, and playing in a game is and should be, secondary.
This was a really well known case. It was definitely rape.
If the person has served their time and the state says their debt has been paid, then it isn't for anyone else to punish them, or even constantly bring it up.
I know that isn't the way it happens and people love to make sure others never forget their failings.
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A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
This was the case where half the football team filmed themselves raping an unconscious minor.
I wouldn't want this guy at my college at all.
I am disgusted that his biggest problem is that he doesn't get to play on the team.
doubt that his age at the time of the offense was of any consequence to the VICTIM--as was stated earlier, had he been tried as an adult he'd still be behind bars--this wasn't some non-violent, crime-against-property, slap-on-the-wrist felony offense--he's a convicted rapist--period--now the entitled thug has engaged some piss-ant lawyer to try and force a university to let him play--to deny the reality of his situation--who cares what their reasons are?--it is THEIR university, THEIR athletic department, THEIR decision--if he'd raped one of my loved ones or relatives, he likely wouldn't be above ground let alone ambulatory
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" the only thing necessary for the triumph of evil is for good men to do nothing. "--edmund burke
Then they shouldn't have admitted him, and they shouldn't have let him on the team. ________________________________________________________________
shoulda,coulda,woulda--immaterial--it's their university, their athletic department, their team--their decision
He transferred there from another school. There is a reason he did that. If they offered him a second chance, and then are treating him differently, that's not right. They should just not have taken him.
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LawyerLady
I can explain it to you, but I can't understand it for you.