BYU says it cannot corroborate allegations of racist slurs at volleyball match, ending investigation

[mahatmakanejeeves]

Source: Salt Lake Tribune

BYU says it cannot corroborate allegations of racist slurs at volleyball match, ending investigation

In a statement Friday, the school also noted that it has lifted a ban on a fan who was accused of shouting the N-word.

Brigham Young University and Utah State University, Sept. 1, 2022. BYU said on Friday, Sept. 9, 2022, that it could not corroborate claims that a Duke volleyball player was called the N-word during a match on Aug. 26.

By Courtney Tanner and Kevin Reynolds * Sep. 9, 2022, 10:42 a.m. * Updated: 10:59 a.m.

Brigham Young University has concluded its investigation into allegations of racism at a volleyball match last month, saying it could not corroborate claims that a Duke player was called the N-word. ... In a statement Friday, the Provo school said it thoroughly reviewed surveillance video from the game and found no evidence that a fan screamed slurs at Duke sophomore Rachel Richardson as she had reported she heard “very distinctly.”

It’s a reversal for BYU, which had not previously doubted the veracity of Richardson’s account, though many had pilloried her on social media for weeks. ... “There will be some who assume we are being selective in our review,” the statement from BYU adds. “To the contrary, we have tried to be as thorough as possible in our investigation, and we renew our invitation for anyone with evidence contrary to our findings to come forward and share it.”

The accusations of racism among its fans had thrust BYU into the national spotlight and divided the community. On Aug. 27, the day after the match against Duke on the Provo campus, Richardson’s godmother first posted on social media that the player had been called racist names.

{snip}

The Salt Lake Tribune will update this developing story.

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Also

Intensive BYU investigation finds no evidence of racist slur beyond Duke player’s statement

BYU drops ban on fan, says investigators scrutinized video and audio and reached out to 50 eyewitnesses, including Duke players and athletic department personnel
By Tad Walch Sept 9, 2022, 10:06am EDT

https://www.deseret.com/sports/2022/9/9/23344289/intensive-byu-investigation-finds-no-evidence-of-racist-slur-during-duke-volleyball-match

-- -- -- -- -- --

Jon McBride | Posted: 9 Sep 2022 | Updated: 9 Sep 2022
A STATEMENT FROM BYU ATHLETICS REGARDING THE INVESTIGATION OF THE AUG. 26 VOLLEYBALL MATCH

https://byucougars.com/story/athletics/1300724/statement-byu-athletics-regarding-investigation-aug-26-volleyball-match

-- -- -- -- -- --

* Duke vball player: BYU fan screamed n-word at me throughout the game
* No one else, including her teammates, heard it
* Duke IDs suspect anyway. BYU bans him for life
* National media coverage
* S Carolina cancels games vs BYU
* Review of all tape finds it never happened

A statement from BYU Athletics regarding the investigation of the Aug. 26 volleyball match, examining our fan behavior and response.

http://byucougars.com/story/athletics/1300724/statement-byu-athletics-regarding-investigation-aug-26-volleyball-match

Link to tweet

[jimfields33]

1. With cameras going from all angles especially at a game,

The fact that not a single one caught it and only one person hear it. I’d say it was something she thought she heard among all the yelling and screaming. Glad they took it seriously.

[ZonkerHarris]

2. then release the tapes so we can all see it. I doubt BYU integrity

[Model35mech]

13. Is "Black Menaces" credibility/integrity better?

I've never before heard of that group.

I have heard of BYU. They are an institution with a reputation that I am sure they want to protect. And in that vein, they took the accusation (s?) seriously. They identified and banned the BYU fan from all future sporting events at the institution.

Unfortunately, the review of the evidence at this time doesn't square with the accusation (s?).

I rather expect that if BYU owns the video evidence they will release it. That is actually as much in their interest as it is in support of the accuser(s).

But the video evidence might be in the hands of private companies or private persons. And if that is so it will take some negotiations with the owners to reveal it to the public.

Clearly there is potential for the alleged videos to have forensic value.

It'll take some pre$$ure to get it out to the public.

[mahatmakanejeeves]

14. The BYU fan was from another school, Utah Valley, so I've read. NT

Rachael Richardson is a neuroscience major, which is hardly one of those "do the bare minimum" majors. That's a real grind.

[Model35mech]

15. Thanks. But from what I've read BYU acted appropropriately

They took the accusation seriously. Nothing wrong with that.

Without much more than accusations to go on, they banned the fan. Some could complain about that, but as a matter to be ultimately settled through due process I expect the fan will have a right to appeal that decision.

Accusations that turn out to be baseless yet caused real harm, also may turn on the outcome of due process.

Considering the significance that such defamation can have, such accusations shouldn't be made capriciously and baseless harm shouldn't be allowed to stand.

[Dr. Strange]

20. It's been online for a while.

https://www.byutv.org/b5d02b2d-e30b-4aa2-a779-5c8e9c008bd8/byu-volleyball-w-duke-vs-byu-82622

[CanonRay]

3. They have a history of sweeping unpleasantness under the rug.

Roll the tape.

[mahatmakanejeeves]

5. BYU is private, so the video can't be FOIA'ed. NT

[MichMan]

6. Can she sue Duke and others for malicious defamation ?

[mahatmakanejeeves]

7. I'm not following. What is Duke's involvement? NT

[MichMan]

8. Duke player was the one making the false accusation.

Duke identified the fan by name, banned her from all games, and she was attacked in the media and social media for being a racist. In addition, Duke stated that they would refuse to schedule any more games with BYU.

[yardwork]

18. We don't know it was a false accusation.

[ProfessorGAC]

23. Doesn't That Require...

...both malice & a willful misrepresentation?
If Duke simply trusted their student, even if it turns out to be untrue, the showed neither malice nor disregard for the truth.
Also (and I'm not a lawyer, just the basic stuff in MBA school) I think it would be hard for BYU to prove any substantial harm.

[MichMan]

24. It would be the woman accused of making racist comments who has standing to sue

Not BYU. If she didn't say it and sued, the legal system would determine if she was defamed by her name being outed or not.

[ProfessorGAC]

25. I Thought You Meant BYU

Even so, I found this regarding intent.

Even defamation claims by nonpublic figure plaintiffs require proof of actual malice to recover punitive or exemplary damages. The Supreme Court has defined actual malice as actual knowledge that the statement is false or reckless disregard for the truth.

Found on Chicagobusinesslaw dotcom
She'd have to prove Duke or the Duke volleyball player knew what they were saying was untrue.
Seems like a pretty high bar.
This might be a case of the "knew or should have known" standard, but still could be tough to prove.
Of course, anybody can sue anybody else for anything. It's the winning that's the tough part.

[NullTuples]

10. Why is this being reframed as he said/she said? Reporting at the time indicated multiple witnesses.

https://www.bestcolleges.com/news/duke-volleyball-player-targeted-with-racial-slurs-by-byu-fan/

[mahatmakanejeeves]

11. That's how the story at the link you're providing is framing it.

Duke Volleyball Player Targeted With Racial Slurs by BYU Fan

Rachel Richardson said she, along with her other Black teammates, were heckled with racial slurs by a BYU fan.

by Chloe Appleby
Published August 31, 2022

• The verbal attacks continued throughout the game despite BYU's knowledge of the comments, according to Richardson.
• Both BYU and Duke University responded to the incident, condemning racism and supporting the student-athletes who were impacted.
• Following the match, the BYU fan was banned from all BYU athletic venues.
• Responding to the incident, the Black Menaces proposed mandatory anti-racism training for BYU students, faculty, and staff.

For their first overnight tournament of the fall season, the Duke University Volleyball team traveled to Brigham Young University (BYU) in Provo, Utah, where they faced off against the school on Friday evening.

During the night's matchup, sophomore outside hitter, Rachel Richardson, said that she, along with her other African American teammates, were taunted from the starting whistle with racial slurs and threats by a person sitting in the BYU student section.

This behavior, according to Richardson, continued throughout the entire game, despite BYU's knowledge of what was happening off the court.

"Both the officials and the BYU coaching staff were made aware of the incident during the game, but failed to take necessary steps to stop the unacceptable behavior and create a safe environment," Richardson shared in a personal statement on social media Sunday.

{snip}

[Dr. Strange]

21. It appears to just be a "she said".

After talking to players from both teams, coaches, officials, students, etc, as of now, Richardson is the only one who claims to have heard the slurs.

[mahatmakanejeeves]

12. There are video recordings of the event. There are audio recordings of the event.

I'm certain that reporters from the Deseret News and the Salt Lake Tribune are itching at the chance to analyze those recordings.

Bring 'em on.

[Nac Mac Feegle]

16. I spent a few years living in the area quite a while ago

Racism and misogyny were quite pervasive. A very us versus them attitude involving The Church, with a very strong antipathy toward "outsiders".

Present the clean face to the world, and make sure anything that didn't fit The Image was ruthlessly suppressed with a religious zeal. Some very bad things were swept under the rug.

The whole experience left me, a very live-and-let-live type, with a very bad taste in the mouth and a strong distrust of any religion, having seen some rather horrific hypocrisies that left innocents badly damaged both mentally and physically.

This sort of distrust for such institutions of that nature is maybe my 'baggage' and colors my reaction to this type of situation, but there are Bad Things I've seen.

I don't see institutions like this with such deeply ingrained attitudes changing very much on less than geological time scales.

[llashram]

17. this is such bullshit

THE trumppig told all these racist pigs they can use that n-word any and every time that they feel like using it. And nationwide they are. But when I hear that word, I did in a store recently, I told them it's not the 50's anymore. I DO NOT respect your colour just because it's different from mine. In fact, you are lower than the dirt under my feet. I will sweep you up and throw you in the trash bin where you belong. No lowering my eyes when looking at you. No jumping into the gutter because you have the sidewalk. No calling you sir just because YOU ARE WHITE, ever again. I am 74 and I DO remember those days in Georgia at my grandparent's farm.

It's the wild west you want. Noon mofo in the middle of the street dips***! Never will show. In a mob they are brave. Singularly? Usually cowards.

I was at the hospital yesterday walking into the urology-oncology for my 5-year check-up on my cancer and none was found. CNN was on the bank of screens. My buddy was driving me because surgery was needed for a kidney stint replacement also. I said loudly to my friend you know CNN is trying to outdo Fox now and has an idiot running it to prove it. No one said a word. When I came back out after check-in all were changed to MSNBC. One woman said, "I thought there was a problem, don't want one". And if they had been on Fox, as I do any public place I go now IF Fox News is on I do let the management know that I am offended by their lies and support of a traitor ex-POTUS. In the hospital, I can't leave of course and I will sit down and call out every on-air lie. If the trump roaches won't change it? If the remote is close I turn it down. If I am at a restaurant or place I have to be and they don't change it immediately or as a compromise turn it down, I leave. Simple as that.

I am so sick of these mofo's. Never bow to these mother******* again.

[Happy Hoosier]

22. But trust us....

Joseph Smith totally translated some golden plates no one saw by staring at a rock in a hat.

Completely trustworthy.

[Bonx]

26. Did they find the person yelling racial slurs?

Seems impossible they could have escaped being recorded and that should have surfaced by now.