Sounds like a very clear process where it would be impossible for the defendant not to be contacted.
2 Likes
I canāt let that rest.
Your very first post here is you, accusing a long time and well respected member of this forum of āuglinessā.
Instead of presenting yourself as a rational human being You, posting for the first time on this thread, jumped into the ugly deep end with both feet, because someone understood that your husband was suspended by the FEI due to his arrest, but did not realize that he had not been convicted of the charges against him. Your response makes them, albeit their misunderstanding, not you, present as the rational person.
Most people here donāt have the time or the inclination to delve deep into researching the online status of the criminal records of anyone who is suspended by Safe Sport because of felony legal proceedings against them.
Many people who are suspended by Safe Sport complain and have friends, relatives or acquaintances complain about the horrible injustice of it all, however many of us are willing to let the process take its course, just as we have to wait for the legal system to come to a final conclusion.
The welfare of children has to take precedence at some point in time and itās been a long time coming.
17 Likes
Itās funny not funny how many people will scream that they werenāt notified about this or that, when there is a clear process that details how they were notified. I donāt know about Safe Sport but Iāve been involved in other government agencies that have guidelines and rules they follow. It is annoying, aggravating, and irritating (
) to listen to them whine about not knowing when I know full well theyāve had multiple notifications.
9 Likes
Maybe, but a few days before the felony was dismissed, the court website shows a plea bargain to āunlawful restraintā and a deferred adjudication.
Judicial Online Search
āDeferred adjudication is a special form of judge-ordered community supervision (commonly
known as āprobationā) that permits a defendant to accept responsibility for a crime without an
actual conviction being placed on the record.ā per the Texas Office of Court Administration
13 Likes
Interesting. So that might be why thereās still a ban in place?
6 Likes
I thought it was also interesting that they went pro seā¦ā¦
Pro se litigants are severely disadvantaged in the court process.
2 Likes
So this means they represented themselves? Iāve seen in big cases (murder) there is an attorney next to the defendant advising them.
Iām guessing by the wifeās comments (ErinDH) that they didnāt participate in arbitration with SS. Justā¦ nothing? Why would one not do everything possible to get the suspension or ban lifted if thereās no basis for it?
2 Likes
From what I understand, that since Safe Sport makes their own rules on how things are done, it is not so simple as simply saying you want to be heard and they need to do something.
It takes great expense and lots of lawyer time and even then Safe Sport does things how they want to do things.
I am not making a point of the suspension being discussed as right or wrong, I am simply saying that I believe it is not so simple as it should be to get a suspension lifted/changed/discussed.
4 Likes
(I apologize for the weird formatting, I canāt seem to fix it)
From the Prohibited Conduct section of the Safe Sport Code:
"a. Criminal Charge
A Criminal Charge includes (1) being arrested and presently subject to bond obligations or conditional release, (2)
any pending criminal charge(s), or (3) active warrant(s) for arrest.
b. Criminal Disposition
A Criminal Disposition is any disposition or resolution of a criminal proceeding, other than an adjudication of not guilty, including, but not limited to: an adjudication of guilt or admission to a criminal violation, a plea to the charge
or a lesser included offense, a plea of no contest, any plea analogous to an Alford or Kennedy plea, the disposition
of the proceeding through a diversionary program, deferred adjudication, deferred prosecution, disposition of
supervision, conditional dismissal, juvenile delinquency adjudication, or similar arrangement.
- Hearing Related to Criminal Charge or Disposition
A Participant who wishes to challenge the Centerās Notice of Decision related to a Criminal Charge or Disposition may
request a hearing concerning the Sanction only pursuant to Section XIV.14.
If the Center renders a Notice of Decision regarding a Participantās Criminal Charge or Disposition, and that Charge or
Disposition is subsequently modified by a criminal court, the Participant may request that the matter be reopened by the
Center, pursuant to Section XI.R. In instances where a pending criminal charge(s) resolves, in that the charge(s) is
eventually dismissed, results in an acquittal, or results in a Criminal Disposition as defined above, a Respondentās request
to reopen will always be granted and a new Notice of Decision issued."
Here is the link to the Safe Sport Code. https://uscenterforsafesport.org/wp-content/uploads/2023/03/2024_SafeSportCode-_073124_v3-A-.pdf It was easy for me to find so I donāt understand the complaints from @ErinDH.
If my understanding of the rule is correct, one doesnāt automatically get off the hook for pleading down or from a deferred adjudication. They have to participate in the process.
8 Likes
Thanks @trubandloki and @skydy. Iāve been involved on the periphery of two SS cases where I answered questions regarding my experiences with the suspended person(s). But by that time it was already in arbitration, there were definitely high profile attorneys involved and I really had no idea what it took to get to that point.
2 Likes
Yes. They represented themselves. In pro se in TX you are not allowed to have a lawyer with you, even for advice.
My husband and I have done some civil stuff pro se other stuff with a lawyer. One was a custody dispute; after the judge praised my husbandās work and asked him about law school, said he would have won if he had had a lawyer. On the record he verbalized the deciding factor was legal representation; not what was best for the child who was requesting to live with his father.
Weāve also had the judges allow bad behavior and massive rule deviations that ran afoul of due process (excusing not notifying of witnesses, not providing exhibits, allowing responses to motions well after their deadlines and days before the related hearings, etc.) from the lawyers on the other side. All because we were pro se and they thought we wouldnāt know better or have recourse.
4 Likes
What dirty rats!
3 Likes
Yes. But in the end, they screwed themselvesā¦.the dirty games gave us the opportunity to find and present the smoking gun and they scrambled to settle far more favorably than at any point the two years prior.
The point is, if he was pro se, there is no real convincing evidence in these documents that a settlement wasnāt unethically forced. A lot of times they are, especially in criminal situations where there is the ability to control your physical person.
It is a true fact that pro se defendants (or even plaintiffs) are generally no match for the other side if theyāre represented.
1 Like
Wellā¦ is the decision made during arbitration binding? I could understand refusing to do arbitration if someone didnāt have adequate funds for competent legal representation, and was concerned about a decision being binding.
Also, I think Trubs states the challenges with the SS process quite well hereā¦
Anywayā¦ I have no idea what went on with @ErinDH ās husband. Im a vocal supporter of the idea that predators should be banned. But at this point, it seems like the SS process isā¦ problematic. And in some cases, the process itself has been turned into a punishment of sorts. Sigh. And that undermines the whole mission.
Oh well. Itās a mess. And thatās a shame.
1 Like
āA man who is his own lawyer has a fool for a client.ā
3 Likes
Most people who go pro se just canāt afford a lawyer.
1 Like
As someone who has been pretty abused by other govāt related agencies, I am not convinced at all that the process is above board.
2 Likes
Where is this, do you have a link? thx!
