Although I am an attorney, I am totally ignorant of NCAA procedure. Apparantly its COI is nothing like an administrative hearing. For DapperSlapper, or those atty's in the know, I have some questions re procedure.
1) With no witnesses appearing, how is so-called 'evidence', or other 'proofs' presented and offered into evidence?
1a) Can an opposing party object to said offer?
1b) Apparently no rules of evidence apply, or do they?
1c) Apparently Hearsay is permitted. Is 'double hearsay' permitted? i.e. "I was told by him, who overheard her say x"?
1d) Best evidence rule?
1e) Any type of confrontation, or cross-exam of witness testimony?
1f) Are all statements by witnesses in form of affadavits, or under oath, and subject to law of perjury?
2) How does opposing party confront, or otherwise counter documentary 'evidence'?
3) Apparently, all former coaches who received NOAs will be in attendance. Can any other defendant-respondants interrogate them, if desired?
4) How does a Respondent school, introduce exculpatory evidence? i.e. How does the U show that Randy urged & warned players & coaches to avoid the ****roach?
5) Is 'character & reputation' evidence allowed? i.e. Paul Dee's oversight.
6) If no 'live' witnesses appear, how does fact-finder determine credibility if they cannot view the witness?
7) Is Wigmore's Rule of 'Double Repeated Statements = Truthfullness' in effect? A/K/A "Twice-Told Tales".
Lastly, is there any standard of proof required for these Star Chamber proceedings? And is a verbaitum record kept by a court reporter for possible later review?
1) With no witnesses appearing, how is so-called 'evidence', or other 'proofs' presented and offered into evidence?
1a) Can an opposing party object to said offer?
1b) Apparently no rules of evidence apply, or do they?
1c) Apparently Hearsay is permitted. Is 'double hearsay' permitted? i.e. "I was told by him, who overheard her say x"?
1d) Best evidence rule?
1e) Any type of confrontation, or cross-exam of witness testimony?
1f) Are all statements by witnesses in form of affadavits, or under oath, and subject to law of perjury?
2) How does opposing party confront, or otherwise counter documentary 'evidence'?
3) Apparently, all former coaches who received NOAs will be in attendance. Can any other defendant-respondants interrogate them, if desired?
4) How does a Respondent school, introduce exculpatory evidence? i.e. How does the U show that Randy urged & warned players & coaches to avoid the ****roach?
5) Is 'character & reputation' evidence allowed? i.e. Paul Dee's oversight.
6) If no 'live' witnesses appear, how does fact-finder determine credibility if they cannot view the witness?
7) Is Wigmore's Rule of 'Double Repeated Statements = Truthfullness' in effect? A/K/A "Twice-Told Tales".
Lastly, is there any standard of proof required for these Star Chamber proceedings? And is a verbaitum record kept by a court reporter for possible later review?
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