Argo QB, Chad Kelly sited in harassment/wrongful dismissal charges

Started by Lincoln Locomotive, February 22, 2024, 11:15:18 PM

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Throw Long Bannatyne

Quote from: Waffler on February 29, 2024, 03:53:17 PMAlso if they settle out of court with the usual gag order, you never have an admission of guilt or any details of what happened.

Yah, that's the smartest option.

theaardvark

Guys that do stupid things outside team activities can get their contracts voided if they break the conduct clauses.  We see this with impaired driving and getting busted for weed cookies, etc.  As well as criminal sexual assault issues.  There are many disqualifying acts outside the team purview.

The difference maker here is that it seems to have been handled internally, but not in a good way.  Kelly's acts were outside appropriate, especially in a league that had been championing safe space and fight violence against women.

Sexual harassment of the type claimed in this action is not the same as rape, but the victim is still the victim, and the perpetrator is still the abuser.  The fact that it sounds like Murphy brushed it off, that Kelly was allowed to continue his abuse, and that ultimately the victim was not renewed on contract (which she will have to prove in a court of law was not related to performance), is the key.

The Argos should have stepped up immediately.  Because they didn't, the league will be forced to act stronger in this case, and should the coach prevail in court, it could escalate even higher.

Sweeping it under the rug is wrong, you don't fix issues by hiding them.  The Argos tried to do that without even making an effort to protect the player or the coach.  If Kelly issued an apology, it the Argos paid out the coach the less than a couple hundred grand she is claiming in the suit, and Kelly and Murphy went to sensitivity training, this is not more than a one day story.  Instead it becomes a league wide disgrace and black eye for the CFL, and is only going to get worse as each day goes by, and idiots like me cling to it.
Unabashed positron.  Blue koolaid in my fridge.  I wear my blue sunglasses at night.  Homer, d'oh.

dd

Quote from: theaardvark on February 29, 2024, 05:03:51 PMGuys that do stupid things outside team activities can get their contracts voided if they break the conduct clauses.  We see this with impaired driving and getting busted for weed cookies, etc.  As well as criminal sexual assault issues.  There are many disqualifying acts outside the team purview.

The difference maker here is that it seems to have been handled internally, but not in a good way.  Kelly's acts were outside appropriate, especially in a league that had been championing safe space and fight violence against women.

Sexual harassment of the type claimed in this action is not the same as rape, but the victim is still the victim, and the perpetrator is still the abuser.  The fact that it sounds like Murphy brushed it off, that Kelly was allowed to continue his abuse, and that ultimately the victim was not renewed on contract (which she will have to prove in a court of law was not related to performance), is the key.

The Argos should have stepped up immediately.  Because they didn't, the league will be forced to act stronger in this case, and should the coach prevail in court, it could escalate even higher.

Sweeping it under the rug is wrong, you don't fix issues by hiding them.  The Argos tried to do that without even making an effort to protect the player or the coach.  If Kelly issued an apology, it the Argos paid out the coach the less than a couple hundred grand she is claiming in the suit, and Kelly and Murphy went to sensitivity training, this is not more than a one day story.  Instead it becomes a league wide disgrace and black eye for the CFL, and is only going to get worse as each day goes by, and idiots like me cling to it.
Indeed this is a disgrace to the league and CFL as a whole. I used to feel sorry for the Argos, playing in a big city and nobody cares enough to come out and watch your games, I doubt anyone in the big smoke even cares about this issue, but the rest of the league sure does, and folks won't forget this or sweep this under the carpet. I used to feel sorry for them, now I despise them.

ModAdmin

It's important too to understand this is a behavior pattern for Kelly going back to 2012. The current issue is not a one off.
"You can't let praise or criticism get to you. It's a weakness to get caught up in either one." - John Wooden

blue_gold_84

#forthew
лава Україні!
井の中の蛙大海を知らず
What a wretched timeline.

TecnoGenius

Well, there you go.  P.S. A "statement of claim" is just how you start a civil suit (i.e. a lawsuit).  None of this is pointing to any criminal court proceedings.  It is just someone saying they feel wronged and seek compensation.  I think her stronger case (and maybe the core of it) is her attack on the Argos, as "wrongful dismissal", especially if on the basis of a "protected class" (i.e. gender), is treated favorably by modern courts.

Maybe it's not as bad as her original claim, because if it was remotely that bad everyone and his dog would be telling him to settle and sweep it all under the rug.  In fact, even people who are 100% innocent will often take that route just to make it "go away" for a relative pittance (to the deep pocket Argos & Kelly).  The only way you fight this is if you have a strong case (witnesses & evidence), a la Johnny Depp.

Now nothing will be done about this for a year or more, as this stuff now goes to the lawyers and a ton of papers flying back and forth.  That effectively spares Kelly any CFL discipline for that time period and we all get to waste time speculating ad nauseam... or get sick of it real fast.

I think for Kelly to say this he must be coordinating with the Argos who also intend to fight vigorously, and who also feel they have counter-evidence or character-destroying evidence (like other possible in-house affairs).  I'd be more interested in reading their response filings.  The beauty of all of this is, it's all public record and any enterprising journalist can track down every filing and make it public.

To me the big BIG question is how bad is the stuff he said to her in front of all the players, because that will be incontrovertible.  If that is a nothingburger, then her case may be in trouble.  Her claim made the in-public verbiage sound really bad.  There's a difference between being a goofball and actually harassing or berating someone.  All of it may be bad form and unwarranted and I'm not excusing it at all... but have you heard any of the stuff these players and other coaches say among themselves on bus trips, etc?  You can't have thin skin in that kind of environment.

In an ironic way, this may hurt the chances for women wanting to be hired for such roles.  I'm not saying this is right, nor condoning it, so don't shoot the messenger, but GMs will look at this and think "I don't get these headaches if I just hire a dude".  So for the alleged victim's sake, I hope she's 100% right and wins big time, otherwise she's only helping to set the CFL "back" in this regard.
Never go full Rider!

Throw Long Bannatyne

Quote from: blue_gold_84 on March 01, 2024, 06:03:03 PMKelly denies the allegations: https://www.tsn.ca/cfl/argos-quarterback-kelly-denies-harassment-allegations-made-by-former-team-employee-1.2083172

Unless Kelly made this statement on his own (which would be incredibly dumb), the Argos might be lawyering up for a fight to try and defend their reputation.  If that's the case I don't like the ladies chances, justice being what it is, the poorer party rarely comes out on top. 

Hard to believe a settlement wasn't reached quickly, perhaps the Argos offered and she declined, choosing instead to stand firm on principle.

theaardvark

Quote from: Throw Long Bannatyne on March 02, 2024, 05:24:59 AMUnless Kelly made this statement on his own (which would be incredibly dumb), the Argos might be lawyering up for a fight to try and defend their reputation.  If that's the case I don't like the ladies chances, justice being what it is, the poorer party rarely comes out on top. 

Hard to believe a settlement wasn't reached quickly, perhaps the Argos offered and she declined, choosing instead to stand firm on principle.

Her suit is tiny, probably a small portion of what the Argos will spend on lawyers.  FOr her and her lawyers to continue, they must believe they have a pretty solid case... and a point to prove.  Who knows if other female staff might come forward...
Unabashed positron.  Blue koolaid in my fridge.  I wear my blue sunglasses at night.  Homer, d'oh.

Throw Long Bannatyne

Quote from: theaardvark on March 02, 2024, 03:12:22 PMHer suit is tiny, probably a small portion of what the Argos will spend on lawyers.  FOr her and her lawyers to continue, they must believe they have a pretty solid case... and a point to prove.  Who knows if other female staff might come forward...

With the potential publicity of this case, I think it's ripe for a large well organized women's group such as the National Association of Women and the Law to get behind, they might even pick up the legal tab or offer free use of their lawyers if they see it as a significant battle.

dd

I don't believe a word Kelly says. He's got a strange aura to him and absolutely freaky Charles Manson like eyes. He's one strange cat

TBURGESS

[color=var(--td_theme_color, #4db2ec)]According to a report from TSN's Rick Westhead[/url], a former strength and conditioning coach is suing the Argos for alleged wrongful dismissal and Kelly for alleged harassment during the 2022 and 2023 seasons.[/font][/size][/color]
The plaintiff is seeking $295,603 from the Argonauts and $50,000 from Kelly. She claims the Argos breached the CFL's violence against women policy by not submitting a critical incident report to the league's head office.
From: https://3downnation.com/2024/03/01/toronto-argos-qb-chad-kelly-denies-harassment-allegations-seeks-dismissal/

Not sure I'd classify that as a tiny suit. 
Winnipeg Blue Bombers - 2019 Grey Cup Champs.

blueraid

I don't think the CFL wants to have this mess hanging around, especially with the appointment of a 'special investigator'....The league will want a quick resolution to this matter and the quicker this gets aired the better....IF this ends up being a proven harrassment,wrongful dismissal case, there is going to be a few heads roll in T.O.

ichabod_crane

There is a discrepancy with the amount the Argos are being sued for. The earlier TSN article says $85,714, then this latter article says $295,603. So not sure what the actual figure is, or the figure was upped after seeing the publicity this was generating! Both articles consistent with the $50,000 against Kelly.


https://www.tsn.ca/cfl/rick-westhead-argos-qb-kelly-accused-of-harassment-in-wrongful-dismissal-lawsuit-1.2079719

https://3downnation.com/2024/03/01/toronto-argos-qb-chad-kelly-denies-harassment-allegations-seeks-dismissal/

ichabod_crane

Quote from: dd on March 02, 2024, 05:14:14 PMI don't believe a word Kelly says. He's got a strange aura to him and absolutely freaky Charles Manson like eyes. He's one strange cat

Just like OJ is still looking for the real killers! 30 years later, still nadda.

theaardvark

Quote from: TBURGESS on March 02, 2024, 05:22:21 PM[color=var(--td_theme_color, #4db2ec)]According to a report from TSN's Rick Westhead[/url], a former strength and conditioning coach is suing the Argos for alleged wrongful dismissal and Kelly for alleged harassment during the 2022 and 2023 seasons.[/font][/size][/color]
The plaintiff is seeking $295,603 from the Argonauts and $50,000 from Kelly. She claims the Argos breached the CFL's violence against women policy by not submitting a critical incident report to the league's head office.
From: https://3downnation.com/2024/03/01/toronto-argos-qb-chad-kelly-denies-harassment-allegations-seeks-dismissal/

Not sure I'd classify that as a tiny suit.

$350k is tiny.  Like I said, the bill for lawyers could be higher, especially if Kelly keeps denying and they bring in his history...

Quote from: ichabod_crane on March 02, 2024, 08:48:41 PMThere is a discrepancy with the amount the Argos are being sued for. The earlier TSN article says $85,714, then this latter article says $295,603. So not sure what the actual figure is, or the figure was upped after seeing the publicity this was generating! Both articles consistent with the $50,000 against Kelly.


https://www.tsn.ca/cfl/rick-westhead-argos-qb-kelly-accused-of-harassment-in-wrongful-dismissal-lawsuit-1.2079719

https://3downnation.com/2024/03/01/toronto-argos-qb-chad-kelly-denies-harassment-allegations-seeks-dismissal/

I think the extra is the "future earnings" part...
Unabashed positron.  Blue koolaid in my fridge.  I wear my blue sunglasses at night.  Homer, d'oh.