No, she sued the school claiming a first amendment violation when they kicked her off the cheerleading squad for refusing to cheer. The school had to spend $45,000 defending against this suit, including two levels of appeals, which they won at every level because her claim was ridiculous. She's being ordered to compensate the school district for the legal expenses.
They punished her for refusing to cheer the boy who admitted in open court to raping her, she sued over it.
The fact that she was suing to be reinstated into a ridiculous position doing ridiculous things doesn't change that she was expelled from said publicly-funded position for refusing to cheer the boy who admitted in open court to raping her.
Which is to say: The "inability" of a Texas court to reinstate a Texas student to a position in a Texas State Institution may or may not be complete nonsense. The ability of a Texas State Institution to fire a worker for being raped by another worker and not liking it? THAT is complete nonsense, period.
Being a cheerleader means cheering for the team. Refusing to cheer for the team, even when you have as good a reason as she did, is still refusing to be a cheerleader.
If you want to frame this as firing a worker from their job, instead of ejecting a student from a voluntary, privileged extra-curricular? Then ability of a Texas State Institution to fire a worker for refusing to perform the responsibilities of their job isn't nonsense, any more than the ability of a hospital to fire a pharmacist who refuses to dispense birth control.
Where are you getting this "admitted in open court to raping her" stuff? A plea to misdemeanor assault?
Notice that the rapist is back on the team just like nothing happened, while the VICTIM is the one that is told to suck up and smile or leave the cheerleading squad.
Why was this boy allowed back on the team at all?
Oh right, because BOYS WILL BE BOYS, AMIRITE FELLAS?
Yeah, that happens in basketball. Someone goes to take a free throw, you cheer them specifically. If you stand there with your arms crossed and refuse to cheer, your spot on the cheerleading squad goes to someone who will.
But it's ok if he only "assaulted" her rather than "raping" her, obviously. (It's worth noting that in Texas "sexual assault," not "rape," is the legal term used to define and prosecute sexual acts that are not consensual.)
Personally speaking, I cannot get into the mindset of someone who was raped, who is then still keen to get back into the environment where she will meet said rapist time and time again.
She has every right to be there - in the same way I'd have every right to keep going back to a National Front meeting after being beaten up by racists. I still wouldn't want to go there unless I *had* to. But then I'm a coward.
This is not remotely on the level of rape, but: a few years back I had a very acrimonious falling-out with somebody who'd been a close friend. My view of it (no doubt theirs differs) is that they attacked me savagely, and badmouthed me to friends, for no very good reason. Just the thought of interacting with this person got me upset.
So why would I go to an event where I knew this person would be, knowing I'd be uncomfortable and defensive? Because the alternative was letting their behaviour separate me from friends and places, and I was not willing to give in to that.
I would guess that cheerleading is an important chunk of that girl's social life, and that she's not willing to give it up without a fight.
The staunch, seemingly even-handed way you're approaching this is so indicative of the rape culture American society - not one iota of empathy or support was extended to this young woman, just her attacker.
He was responsible for keeping his dick in his pants, and he chose, along with two of his teammates, to rape one of his fellow students.
If this was a culture that values women for something other than their fuckability, he would have been ostracized by his fellow students and kicked from the team (and hopefully put in jail), while his victim would have been supported and shielded from having to deal with him again.
There would have been no need for her to sue the school because nobody would cheer for a rapist.
But see, that's not the culture we live in here in the good old USA. In this country, it's the rapist that gets to keep living his life as if the whole thing never happened.
His victim, the one he chose to rape, has to deal with fellow students not believing her, because this was a basketball player, a "good kid" who would never do something like that (ignoring the plea bargain and conviction of a lesser charge).
She has to deal with everyone else on her squad cheering for her attacker, and when she chooses not to cheer for her rapist, she's the one who's ostracized.
The fact that you're exhibiting not a spot of empathy for this young woman, as I said above, is exactly what perpetuates this kind of atmosphere, where young women are afraid to come forward because they know next to nobody will support them.
I would assume she's trying to live her life like she would normally. Cheerleading means a lot of things to a lot of teens. Not the least of all, popularity. Being raped (causing a myriad of other mental issues) and then on top of that NOT going back to what has been giving you confidence through difficult teen-dom, how do you not go back?
The difference is, getting beat up by racists- that was bound to happen if you go to a National Front meeting (I assume from your context). Going to cheerleading? Well, if we all expected to be raped, no one would go to that either.
Personally, what I'm gonna get from this, don't be young, attractive, and live in Texas.
I am fascinated by the fact that Silsbee High School and its associated school district has apparently removed ALL email contact information from their websites. I guess they were afraid of the emails they'd get/they were getting over this.
the rapist, despite being convicted of the assault, hasn't been expelled from the school so going to school means going back into the environment where she will meet said rapist time and time again.
More to the point BEING A CHEERLEADER DIDN'T CAUSE THE RAPE, THE RAPIST BEING A RAPIST CAUSED THE RAPE.
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(no subject)
Date: 2011-05-10 01:03 am (UTC)(no subject)
Date: 2011-05-10 01:51 am (UTC)(no subject)
Date: 2011-05-10 01:57 am (UTC)The fact that she was suing to be reinstated into a ridiculous position doing ridiculous things doesn't change that she was expelled from said publicly-funded position for refusing to cheer the boy who admitted in open court to raping her.
(no subject)
Date: 2011-05-10 02:01 am (UTC)(no subject)
Date: 2011-05-10 02:13 am (UTC)If you want to frame this as firing a worker from their job, instead of ejecting a student from a voluntary, privileged extra-curricular? Then ability of a Texas State Institution to fire a worker for refusing to perform the responsibilities of their job isn't nonsense, any more than the ability of a hospital to fire a pharmacist who refuses to dispense birth control.
Where are you getting this "admitted in open court to raping her" stuff? A plea to misdemeanor assault?
(no subject)
Date: 2011-05-10 02:15 am (UTC)(no subject)
Date: 2011-05-10 02:38 am (UTC)Notice that the rapist is back on the team just like nothing happened, while the VICTIM is the one that is told to suck up and smile or leave the cheerleading squad.
Why was this boy allowed back on the team at all?
Oh right, because BOYS WILL BE BOYS, AMIRITE FELLAS?
(no subject)
Date: 2011-05-10 04:02 am (UTC)(no subject)
Date: 2011-05-10 04:04 am (UTC)(no subject)
Date: 2011-05-10 04:04 am (UTC)(no subject)
Date: 2011-05-10 04:05 am (UTC)(no subject)
Date: 2011-05-10 04:06 am (UTC)(no subject)
Date: 2011-05-10 04:08 am (UTC)(no subject)
Date: 2011-05-10 04:10 am (UTC)(no subject)
Date: 2011-05-10 05:48 am (UTC)(no subject)
Date: 2011-05-10 06:49 am (UTC)(no subject)
Date: 2011-05-10 07:20 am (UTC)(no subject)
Date: 2011-05-10 09:02 am (UTC)She has every right to be there - in the same way I'd have every right to keep going back to a National Front meeting after being beaten up by racists. I still wouldn't want to go there unless I *had* to. But then I'm a coward.
(no subject)
Date: 2011-05-10 10:19 am (UTC)(no subject)
Date: 2011-05-10 10:48 am (UTC)So why would I go to an event where I knew this person would be, knowing I'd be uncomfortable and defensive? Because the alternative was letting their behaviour separate me from friends and places, and I was not willing to give in to that.
I would guess that cheerleading is an important chunk of that girl's social life, and that she's not willing to give it up without a fight.
(no subject)
Date: 2011-05-10 11:30 am (UTC)He was responsible for keeping his dick in his pants, and he chose, along with two of his teammates, to rape one of his fellow students.
If this was a culture that values women for something other than their fuckability, he would have been ostracized by his fellow students and kicked from the team (and hopefully put in jail), while his victim would have been supported and shielded from having to deal with him again.
There would have been no need for her to sue the school because nobody would cheer for a rapist.
But see, that's not the culture we live in here in the good old USA. In this country, it's the rapist that gets to keep living his life as if the whole thing never happened.
His victim, the one he chose to rape, has to deal with fellow students not believing her, because this was a basketball player, a "good kid" who would never do something like that (ignoring the plea bargain and conviction of a lesser charge).
She has to deal with everyone else on her squad cheering for her attacker, and when she chooses not to cheer for her rapist, she's the one who's ostracized.
The fact that you're exhibiting not a spot of empathy for this young woman, as I said above, is exactly what perpetuates this kind of atmosphere, where young women are afraid to come forward because they know next to nobody will support them.
(no subject)
Date: 2011-05-10 11:49 am (UTC)(no subject)
Date: 2011-05-10 12:16 pm (UTC)The difference is, getting beat up by racists- that was bound to happen if you go to a National Front meeting (I assume from your context). Going to cheerleading? Well, if we all expected to be raped, no one would go to that either.
Personally, what I'm gonna get from this, don't be young, attractive, and live in Texas.
(no subject)
Date: 2011-05-10 01:35 pm (UTC)(no subject)
Date: 2011-05-10 02:05 pm (UTC)More to the point BEING A CHEERLEADER DIDN'T CAUSE THE RAPE, THE RAPIST BEING A RAPIST CAUSED THE RAPE.