Football Suspensions, Due Process

This week in Southeastern Conference football has been marked by two suspensions of star players.  One is Florida's backup quarterback, freshman Treon Harris, who heroically brought his team back from behind in the second half against Tennessee and was possibly slated to take over the starting role.  The other is Georgia's phenomenally talented running back Todd Gurley, whose multitude of long runs had propelled himself into this year's Heisman Trophy discussion.  Harris' trouble came after a woman filed a sexual assault complaint against him, it allegedly happening the Sunday morning following the Tennessee game, and Gurley's after it was revealed that the NCAA was investigating him for violating their rules by selling his own autographs.  In both cases, their colleges immediately suspended him from football...Florida went a step further and banned Harris from campus and classes, only allowing him to take on-line courses.  Just a couple of days ago, though, the woman withdrew the complaint... although her lawyer stated that she might refile it on another day...and Harris was "cleared" of the accusation without ever having been officially charged for the alleged crime.  The University then fully reinstated him, although he will miss tonight's Gator game against LSU.  As for Gurley, he is not accused of anything yet, and what he is being investigated for is no crime but rather an infraction of a private organization's rules.  Yet he will suffer an indefinite suspension unless that investigation results in his exoneration.

Sexual assault is a very serious matter, as it should be...and it is also a very big "hot button" social issue, which is certain to inflame many people to anger and a spirit of vengeance when they hear of it.  But just being accused of something does not automatically imply guilt, and I had been under the impression that one of the factors making our society here in America more civilized is the concept of "due process", whereby one so accused is presumed innocent until an orderly and rational process of presenting evidence and witnesses, all subject to scrutiny and cross-examination, can determine guilt or innocence.  With the lack of convincing evidence or the withdrawal of the accusation, the accused should not have to suffer under a cloud of suspicion for the alleged crime and should be treated as an innocent person.  Popular opinion should play no role in his or her treatment.  But I believe the University of Florida, influenced by the public relations angle of the case, decided to presume guilt upon Harris with its knee-jerk suspension and ban.  As for Gurley, he is also being treated unfairly right now, regardless whether investigation ultimately bears out his guilt or not.  No, universities are not a part of the judicial system, and the concept of due process, as it has been strictly interpreted by the law, pertains to that judicial system, not independent organizations.  But due process IS now almost universally considered to be an essential element of fairness in our society and needs to be practiced wherever it can...