Some of us are capable of worrying about all of these things. Of course we want all abusers punished. And of course we don’t want innocent people punished.
There. See how easy that is? The difficult thing is calibrating the procedures to try to achieve maximum good on all measures: (1) all abusive conduct reported; (2) all abusers punished; and (3) no innocent people punished.
That is the point of this discussion–how to strike the procedural balance to achieve all 3 objectives as best we can. At one extreme, we could throw all men out of USEF. That would probably cut down sexual abuse a huge amount, and it would ensure that virtually all abusers and potential abusers are punished. But I assume (I hope!) most of us would say, “No, that’s too extreme. That punishes too many innocent people.” So we are back to the difficult task of designing procedures that strike the right balance of protecting victims and potential victims, while not punishing innocent people.
Some people might think that SS has done a great job with its procedures–and that’s a valid opinion. Other people want more elaborate procedures to make sure that the key evidence comes to light. Personally, I have some concerns about the “procedural shortcuts” SS has taken (like no discovery), but I haven’t reached a final conclusion.
The most interesting thing about the Lopez decision is that the arbitrator was clearly dissatisfied with the quality of the evidence SS presented. Apparently, SS had no live witnesses who would testify under oath; they only presented hearsay accounts from the SS investigator. I’m not surprised that a judge would not credit such “evidence.” By all accounts, Lopez was definitely an abuser, so we should all be concerned if SS can’t (or doesn’t) put together the type of evidence that a judge (i.e., the JAMS arbitrators) expects to see.