Facts and thoughts on Bev Kearney lawsuit

Depends on how hungry her attorney is and how big of an ego he has. Cleve's issue is something that will be hard to for her to overcome by claiming discrimination (which is all that she can allege). A suit followed by a settlement that would allow her attorney to claim victory would be more likely.
 
Prior to becomming a law professor and , from there, prez of UT, Bill Powers was a badass civil torts lawyer: one of the best around. I know we slow as we age, and it may have been a while since he won a big verdict, but he knows this little game backward and forward.
 
Why would the President of the University be on the legal team in this situation to begin with, does somebody think he is that involved in the details of this case? I am sure he is aware of the basics, but I don't very highly that he has finite detail as to what is going on....he is briedfed on the situation, given updates and recommendations and then he takes them to the BOR, with all of the support that he needs to ask detailed questions by the BOR.
 
Is anyone besides me a little sick and tired of seeing the details of these people's personal lives in the news? I know they are technically "state employees" funded in part by tax payer money, but do we really have the right to know so much? I, for one, would like these indiscretions handled internally. I really didn't need to hear about Applewhite, for example. None of my business. As a fan, I'd like to focus on the game.

I think things were better in that regard in JFK's and LBJ's era.
 
In the JFK or LBJ era it would have come out about Applewhite because he would have been fired.

Also it's the right of a free press to report such things.

Sticking your head in the sand is your right if you want.
 
Yeah, since it was the Kenedy and LBJ era, I guess LBJ and Kenedy didn't fool around. Ha! If Applewhite would have been caught in that era, there would have been a winking of eyes and the girl would have been booted as it would have been her fault for being a homewrecker.
I miss those days.
 
The point is I believe this type of behavior has been going on since the beginning of mankind. I am not sticking my head in the sand; I'm old enough to know what happens. I just don't want to read about it in the press, and don't think the morality police have much credibility in their right to know details about personal lives, state employee or not.

Certainly there is a line that's crossed to make it (sordidly) newsworthy (JoePa scandal), but a one-night indiscretion between consenting adults? Give me a break. That's not in any way, shape, or form the public's business, or newsworthy.
 
It was the era of Coach Royal. I could care less about LBJ or JFK as a reference point. He might allow his players to do some things off campus.

One of his coaches with a student trainer would be a totally
different matter. No, he wouldn't allow such a thing to go
on. Of course they didn't have female trainers then, but if they did he wouldn't. I don't think it went on under Coach Royal's watch because his coaches had more intregrity and respect for their families and Coach Royal to do such things and before you ask, yes I did know some of them personally.

So you think that Coach Royal in this situation would stand idly by while this student trainer was kicked aside as a homewrecker. I wish you could say that to his face. He and anybody with a brain knows the coach is at fault here and there is no excuse for it. It has nothing to do with being PC. It's called having responsibility and doing the right thing. Coach Royal was big on this. It's why he couldn't stand Switzer and those of his ilk.


Some topics you talk of Coach Royal's great intregity while in others you think he is part of the wink and nod crowd. Which is it?

Darn that Constitution and Open Records Act for allowing this to come to light. They both say that it is the public's right to know and yes taxpayer money is involved at a State Public Institution.

If you don't like these laws then you need to do something to have them changed instead of telling us what you do and don't like about them because as of this minute it is the law of the land.
 
I am not debating whether a particular coach made a mistake or not. These things should just be handled INTERNALLY, as Coach Royal would have. It’s not the public’s business.

And as far as the Texas Public Information Act goes, it has certain exclusions. For example, in terms of common-law privacy, it “protects from disclosure information that contains highly intimate or embarrassing facts about someone’s private matters such that its release would be highly objectionable to a reasonable person and the information is of no legitimate concern to the publc.” (Industrial Foundation of the South v. Texas Industrial Accident Board, 540 S.W.2d 668 [Tex 1976] cert denied, 430 U.S. 931.)

So, can you please explain to me why this information was of legitimate concern to the public?

And I agree that Coach Royal was a fabulous man and coach. I’m just not one who throws stones. Those stones will hit most great men and women, whose private indiscretions were never revealed to everyone on the planet for public scrutiny.
 
Because it is the people's right to know what happens at a state funded institution. That is why all jobs there have to be publicly posted in advance of hiring.

They tried to cover it up or as you call it handle it internally and it probably only came to light by Bev's lawyers using the open records act to look for discrepancies and guess what they found one and it was released legally to the public's notice.

If you or the University has a problem with it then fire up that vaunted UT legal team and sue whoever first released it.

Of course that won't happen because it would be a big time losing proposition.
 
If I happened to be on the legal team at UT, I probably would fight the release of that information. The person that did so clearly wasn’t aware of the common-law case history.

I’m sorry, I missed the part where you explained why this information was of legitimate concern to the public. That is the “law of the land’s” requirement.

You probably aren’t aware that only 13 percent of the University’s budget is now funded by taxpayers. In 1984-85 it was 47%. UT, from a funding standpoint, is now a lot more private that public.

I’m going back to supporting UT sports and the coaches, and I won’t ever believe they should be expected to live in glass houses, as you apparently do.
 
I know that Coach Royal would not have put up with such things.

I know that there will never be a law suit brought by anybody in such a case as this because it would be an embarrassment to do so and public relations nightmare and legally and so do you. UT sues over a freedom of information issue, yeah that would end well and you know that so spare everybody a glass house defense when you promote that.

Thank God you will never be on the UT legal team as they know better than to do that. Even if for some unknown reason you were the higher ups would shoot down such an untenable suit before the ink dried on your brief.

I guess those 13% don't have any rights.
UT should immediately apply for a private school status just for you.
But I guess your not aware that if that happened you can kiss
those PUF funds goodbye. I'm sure UT is ready to give that up and where does that money come from again? So again not going to happen, there seems to be a theme here.


Tallk about glass houses, having this on your campus and

having your standard:

YE SHALL KNOW THE TRUTH AND IT SHALL MAKE YOU FREE

Then your disclaimer underneath it in small letters of course.

Unless it concerns bad news about UT.

No, I just have higher expectations of those that are given much as did Coach Royal. He never asked his players or coaches to do anything he wouldn't do.

Apparently you don't.

People can judge the behavior in any way they see fit if you think everybody does it.

But we have every right by law to know what happened.
 
I think the question is transparency. If taxpayer dollars are involved then we should know what goes on. The problem is that I agree an affair is something that is not necessarily my business but then again if my tax dollars are involved then I'd like to think we are using them to pay people who don't act reckless. It's like Clinton and Lewinsky. I think it should never have blown up as it did but at the same time what if Hillary had filed for a divorce? Our CIC would have been bogged down in the mess; at a minimum he was distracted from a very important job because he was chasing a skirt around. If you can't be moral (and I don't mean pious) when entrusted with a very important duty then don't take the job.
 
"In the JFK or LBJ era it would have come out about Applewhite because he would have been fired. "
NBHorn7 3/21

" I could care less about LBJ or JFK as a reference point."
NMHorn7 3/22

I don't know what Royal would have said or done, neither do you. But, not really realistic for you to think that the players and coaches in the fifties, sixties & seventies were saints. Unless you are just referring to a situation where one was caught in a picadillo? I don't remember any, so I guess none of that type of stuff happened in our athletic department from 1957-1976.
 
I stated clearly in my second post that that I did not care if it was the JFK or LBJ era because it was the Coach Royal era. Trying to use that in any way is truly weak.

I can say it because of the type football program he ran and the type of person he was. Other programs who knows. Whatever NMHorn7 says I cannot verify.

You are the one that said the girl in question would have been booted and called a "home wrecker" with the wink of an eye.

You don't think Coach Royal would have had a say in that and that he would have gone along with that? Do you stand by that statement now?

You also said you miss those days when something like this would be handled that way. That speaks volumes about you
and sounds like it came from texags not a Longhorn board.

In fact lets put this up word for word so there can be no mistake about it.

You said on the last post of page one the following:

"Ha!" If Applewhite would have been caught in that era, there would have been a winking of eyes and the girl would have been booted as it would have been her fault for being a home wrecker." "I miss those days."

No matter how anybody feels about the original subject that
is truly an outrageous statement.
 
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