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Post being replied to

He doesn't have to have been cognizant of abuses by ThreeD

I'll defer to legal experts for specific legal opinion, but in general, the issues for ND to assess are whether and to what degree did JS play a role in crafting policies that enabled predatory practices to occur AND if so, whether a person who was incapable of crafting policies that could prohibit such is suitable for employment at ND.

Edit to add: the above preceded your edit.