That part made me a bit uneasy because I'm thinking the judge is saying "if you were kicked off it might be a different case".
This is a D3 school with no scholarships.
Is this the scenario: Some on team think he is a rapist. They rightfully don't want him on team.
Coach says "he can you step away, until this gets cleared up?".
Athlete : "Sure, but I didn't do anything". Whether this is "voluntary" or not makes no difference to me almost. If the coach says "how about you don't come to practice until this is cleared up vs "You're not welcome at practice until this is cleared up" is very little difference when you're dealing with some college kid and a coach.
(No way does the athlete step away here if he believes when no charges are brought he will still be kicked off the team. No one in there right mind would do that. )
Being on the team tehcnically means nothing at a D3 school as their is no scholarship.
It sounds like within a very sort time frame like under 2 weeks, athlete come back and says "there is no case I'm ready to come back to practice and coach is like "you're not welcome"."
that doesn't seem right procedurally to me if there are rules against a kid being punished wtihout a Title IX hearing as there is 0% chance this kid voluntarily steps away from the team if he thinks he'll be cleared and still kicked off.
What am I missing?
If the case is a coach can pick and choose who they want on his team no matter what then fine but I don't think that is what the judge is saying.