"Lifetime" ban for Zach Jesse

[Phoenix Ignition]

I don't normally care about Magic/pro drama, but this incident is particularly aggravating. Zach Jesse committed aggravated sexual battery and took a plea deal in 2004. He served his sentence, and since then been a seemingly normal, "model" citizen. Then he decided to be good at magic and top 8 a GP, which led Drew Levin to tweet, in a guise to promote safety, "Quick reminder: Zach Jesse is a literal rapist who got away with serving three months of an eight year plea deal."

The outcry on social media is what led to his ban from not only tournament play but also the seizure of his MTGO account. The following statement is all WOTC has given,

"We work hard to make sure all players feel welcomed, included and safe at our events so that they can have fun playing Magic. We don’t generally comment on individuals or provide position statements in the abstract, but we take action to address player issues and community concerns when we feel it is necessary."

Here is the response Zach Jesse posted a month ago when this all blew up: https://www.reddit.com/r/magicTCG/co...by_zach_jesse/

I'm glad to see a public outcry against bannings like this. I won't pretend to be neutral, the man did something awful and served time for it. His track record since that incident has been great, and rehabilitation of criminals is the fucking point of sentences levied against them. The DCI taking this stance to protect their image is insane to me, especially when we have a convicted felon drug dealer in the hall of fame.

EDIT:
Recent response from Zach Jesse: https://www.reddit.com/r/magicTCG/co...mments_on_ban/

[Stevestamopz]

Now first things first... OBVIOUSLY RAPE IS REALLY REALLY BAD. I'M NOT SAYING IT'S EVER OK OR EVEN CLOSE.

That said, the difference is that someone dealing a shit-fucking tonne of pills isn't a problem for tumblr-feminists, but obviously sex crimes (WHICH AGAIN ARE REALLY DESPICABLE) are, and they're the ones that screech the loudest. We all saw the reactions to Jim Davis' article about women and this is just an extension of that. I'm almost surprised Jim Davis hasn't been banned for that now that I think about it....

This is really really disgraceful from Wotc. I couldn't boycott them more if I tried, but if I could, I would.

[sjmcc13]

I do not know to much about these laws, and even less about the US versions of them.
But would he have any legal recourse. I mean if nothing else seizing his account because "we do not like you" is not justifiable unless there is a no criminals clause in the EULA, and he should at least be entitled for compensation for the value of his collection.

But really if he has done nothing wrong at a tournament, and has not legal restraints placed on him preventing him from attending, then I can not see any valid reason for a ban, unless they ban ALL convicted felons which they are not.

[Ace/Homebrew]

I'd be good with letting his victim decide if he should be allowed to continue playing.
I'm curious if his crime only affected her for 3 months.

[Barook]

Banning him from Paper tournaments is one thing. Wizards struggles with women's attendance and their image in general regarding that. Just think about the recent shitstorm about Jim Davis' article. Letting a former rapist run around in their events isn't exactly helping that issue. So that's understandable to a certain degree, they can do whatever they want since they're organizing said events. I can't blame them for that. See: Ban of asscrack guy.

However, considering how Chapin is sometimes hyped like the second coming of Jesus - despite being a former major drug dealer - this seems to be as hypocritical as it can get. Especially with the whole "people deserve a second chance"-thing Wizards love to cite. Double standards at its best.

Also, why would his MTGO account be seized? No matter what tumblr-feminists try to claim, you can't rape people on the internet. This seems ridiculous.

[Phoenix Ignition]

I do not know to much about these laws, and even less about the US versions of them.
But would he have any legal recourse. I mean if nothing else seizing his account because "we do not like you" is not justifiable unless there is a no criminals clause in the EULA, and he should at least be entitled for compensation for the value of his collection.

Probably not, the TOS in MTGO state:
"... [WIZARDS] MAY, IN ITS SOLE DISCRETION AND WITHOUT NOTICE, TERMINATE YOUR ACCESS TO THE GAME AND GAME SERVICES, AND SUSPEND OR DEACTIVATE YOUR ACCOUNTS WITH NO LIABILITY TO IT RELATING THERETO."

Which obviously seems like complete horseshit, but hey, private company.

I'd be good with letting his victim decide if he should be allowed to continue playing.
I'm curious if his crime only affected her for 3 months.

What a great uninformed comment. From the original news story:

Zug denies the lesser charge was a cop out, and claims that the victim was "involved every step of the way." Says Zug: "We never would have entered into this without her concurrence."

In addition to the jail time, Jesse has agreed not to contact the victim and to withdraw from UVA for at least two years– the time it will take for the victim to graduate. UVA spokesperson Carol Wood says Jesse was still enrolled as of press time, but that at the end of the two-year period, he would have to reapply through the dean's office of whatever UVA department he would be attending. "At that time," she says, "his record would be reviewed."

The victim also requested that Jesse undergo counseling, something his lawyer, James C. Roberts, of the Richmond law firm Troutman Sanders, says he has already completed satisfactorily.

Zug says the victim wasn't concerned with a lengthy sentence.

And perhaps more importantly, if more punishment is deserved should a card game company really be the entity to provide it? Also, should he have to ask the victim before making any other decisions in his life?

Banning him from Paper tournaments is one thing. Wizards struggles with women's attendance and their image in general regarding that. Just think about the recent shitstorm about Jim Davis' article. Letting a former rapist run around in their events isn't exactly helping that issue. So that's understandable to a certain degree, they can do whatever they want since they're organizing said events. I can't blame them for that.

If that's their goal I'd be fine with it, but you can't just do it when someone with a history makes top 8. If they want to enforce a "no sex offenders" rule on tournaments then at least it would be consistent. Banning someone because of a twitter outcry by Drew Levin, one of the most immature figureheads of the community (and afterwards carried out by ChannelFireball members) is ridiculous.

[thecrav]

If that's their goal I'd be fine with it, but you can't just do it when someone with a history makes top 8. If they want to enforce a "no sex offenders" rule on tournaments then at least it would be consistent. Banning someone because of a twitter outcry by Drew Levin, one of the most immature figureheads of the community (and afterwards carried out by ChannelFireball members) is ridiculous.

This is my problem with it. If you make a rule and ban someone for it, that's one thing. This guy appears* to have been banned without violating any WotC rules.

*appears because WotC won't actually tell us why he's banned

I do find it interesting that this is clearly not a lifetime ban though it's likely intended to be one. There are people currently banned until the next century. Probably, WotC's software isn't capable of understanding that time exists beyond the first day of 2049.

[theBloody]

Agree with OP.

WOTC decided to ban one individual while leaving other one intact. Both were convicted. Both served their time. Just different ruling.

Next thing is there sure are many people like them between us. We just don't know because their case was not made public to community. Lucky them. It does make things even more unfair though. Do the background check on everyone or respect the ruling of justice and leave us alone.

[Ace/Homebrew]

What a great uninformed comment.

Thank you!

I'm not really clear what's to debate here... WotC has the right as a private company to do as they want so long as they do not descriminate against protected groups. There is no 'right' to participate in DCI tournaments.

So it seems your issue with this is based on one of two possibilities:
1.) You empathize with the guy cause if you did something similar and served your time, you'd be upset that you can't play Magic anymore.
2.) You just dislike Drew Levin.

[Karhumies]

Patrick Chapin is a felon. I don't feel safe in a tournament where he is included. Chapin should receive a lifetime ban and have his MTGO account terminated immediately due to his criminal offenses.

[Barook]

Thank you!

I'm not really clear what's to debate here... WotC has the right as a private company to do as they want so long as they do not descriminate against protected groups. There is no 'right' to participate in DCI tournaments.

So it seems your issue with this is based on one of two possibilities:
1.) You empathize with the guy cause if you did something similar and served your time, you'd be upset that you can't play Magic anymore.
2.) You just dislike Drew Levin.

Banning him from paper tournaments is fine. The problem here is that they only did it after somebody stirred up some Twitter drama while other criminals are still free to attend, namely Chapin who is goddamn Hall of Famer who gets paid to show up at tournaments. Maybe you've faced a rapist in a Paper tournament before and you just didn't know it? Yet said rapist is still able to attend because nobody looked up his record yet.

If you ban people for being criminals that served their time, then you either a) ban them all or b) you don't "to give them a second chance". Everything else is just inconsequent horseshit. Who knows how many lives Chapin has ruined during his drug dealer time? Guess what, nowadays he gets the following benefits from Wizards as a Platinum Pro:

· Member receives three byes at all individual-format Grand Prix tournaments

· Member is invited to World Magic Cup Qualifiers in his or her country

· Member receives two byes at each World Magic Cup Qualifier in his or her country

· Member is invited to all Pro Tours.

· Member receives a $3,000.00 USD appearance fee whenever he or she competes in a Pro Tour

· Member receives expenses-paid air travel ticket and hotel accommodations at all Pro Tours during the current season*

· Member receives a $1,000.00 USD appearance fee if he or she competes in the World Magic Cup.

· Member receives a $500.00 USD appearance fee if he or she competes in a World Magic Cup Qualifier.

· Member receives a $250.00 USD appearance fee whenever he or she competes in a Grand Prix

· Member receives a complementary sleep-in special at all Grand Prix (where available)

· Member receives 20 QPs for each Magic Online Championship Series season

And just because they could ban his MTGO account doesn't mean they should. Who can he harm while playing MTGO?

On a slightly different note:
Is it just me or this going to backfire horribly on Wizards? "Fat, smelly nerds" wasn't flattering before, but now you can add "fat, smelly nerds who are also rapists" to the prejudice list.

[Richard Cheese]

Thank you!

I'm not really clear what's to debate here... WotC has the right as a private company to do as they want so long as they do not descriminate against protected groups. There is no 'right' to participate in DCI tournaments.

So it seems your issue with this is based on one of two possibilities:
1.) You empathize with the guy cause if you did something similar and served your time, you'd be upset that you can't play Magic anymore.
2.) You just dislike Drew Levin.

My guess is that he's taking issue with your previous comment implying that he should be made to suffer as long as his victim, when the article on the actual incident makes it fairly clear that the victim was not concerned with lengthy punishment:

"She didn't want to see him buried under the jail," says Zug. "She just wanted to see him held accountable."

To be fair, that article was a couple links deep, but he's provided several supporting quotes from it in his reply (hence: uninformed). To pretend like you were discussing anything remotely related to Hasbro/WotCs actions in the matter is just a weak attempt at misdirection and you know it.

/rant

To me it's a broader justice-system issue. Is the goal reform, or just punishment? If someone serves time, goes to counseling, and is deemed fit to return to society, why are they forever branded with their crime, Scarlet Letter style? Lack of trust in the system? Justified lack of trust in the system? Regardless, WotC's actions are, at the very least, inconsistent. There are no background checks required to participate in sanctioned events, and as Karhumies pointed out, at least one convicted felon at the highest levels of the game. Is this just a response to community outcry, or are we going to see some kind of actual policy regarding which convictions are and are not acceptable in the eyes of WotC?

[from Cairo]

I feel like Wizards needs to set up some guidelines regarding criminal history if they're going to chose to ban people. I don't necessarily disagree with their decision, but just banning some guy with a major finish looks like a PR band-aid in the wake of internet uproar. If you don't want sex offenders playing sanctioned paper magic, I guess they should be doing some background checks. Are violent non-sexual offenders ok?

Either way terminating his MODO account is just a "we don't like you" move. There are language filters on MODO and I assume (haven't cared to look into) the ability to report verbal abuse in game. As an above poster mentioned - you can't rape someone over the internet...

[Barook]

I feel like Wizards needs to set up some guidelines regarding criminal history if they're going to chose to ban people. I don't necessarily disagree with their decision, but just banning some guy with a major finish looks like a PR band-aid in the wake of internet uproar. If you don't want sex offenders playing sanctioned paper magic, I guess they should be doing some background checks. Are violent non-sexual offenders ok?

Either way terminating his MODO account is just a "we don't like you" move. There are language filters on MODO and I assume (haven't cared to look into) the ability to report verbal abuse in game. As an above poster mentioned - you can't rape someone over the internet...

As for the MTGO thing, from the reddit thread:

His MtGO account WAS seized and he was told if he makes another account it will be fraud. Zach posted on his FB that he got a call from a Hasbro lawyer 48 hours ago.

That was clearly a "Fuck You"-move from Wizards.

The whole thing would be a whole less controverse if Wizards had clear guidelines what's acceptable and what isn't instead of giving in to some internet lynch mob.

[Phoenix Ignition]

I'm not really clear what's to debate here... WotC has the right as a private company to do as they want so long as they do not descriminate against protected groups. There is no 'right' to participate in DCI tournaments.

So it seems your issue with this is based on one of two possibilities:
1.) You empathize with the guy cause if you did something similar and served your time, you'd be upset that you can't play Magic anymore.
2.) You just dislike Drew Levin.

Debate? My goal for starting this post was to get the information to more people, as it wasn't already on this site and does affect the magic community. It affects everyone, whether or not you've had a similar past. Sure, being a private company WotC/the DCI can ban anyone they want to for any reason whatsoever, but if it's unfair then the only way this kind of thing can be prevented is if a large enough outcry happens. This ban was completely unfair and handled extremely poorly. If they want to ban all sex offenders or all rapists then they should do that, but not single out people who did well at events. Seizing his MTGO account is similarly stupid because like everyone is saying, you can't really sexually offend on MTGO (or if you do it's extremely easy to report, but he did not).

How much punishment is too much? I definitely empathize with the guy, he did something terribly wrong but has slowly been rebuilding his life since then. I believe in the possibility of redemption, and before you accuse me of it, no I have absolutely no criminal history (this doesn't need to be said but I know that'll be your next response). The American justice system has deemed him safe enough to go about normal activities, and he's clearly made changes in his life. How much more should this guy suffer due to his past?

I actually didn't know almost anything about Drew Levin before this happened, but now that I've read his twitter I do dislike him. He's an instigator and someone who bullies others, but the worst part is he has a big enough following that when he initiates something there will be a hoard of people following through on it.

[Jamaican Zombie Legend]

Seeing a big company cave in to a Twitter/Tumblr witch-hunt like this should be shocking, but we live in times where a company like Apple mass-pulled Civil War games from their app store because a flag that was actually used in that war might...I don't know? Offend someone?

By the way, while Wizards is doing their best to make tournaments safe and accessible for all, can somebody please do something about the whole financial side of Magic? Not only are Constructed events extremely classist, disfavoring the impoverished or working classes, it also makes me feel extremely unsafe and ill-at-ease carrying around hundreds of dollars worth of cardboard to be competitive, strongly encouraging thieves and other ne'er-do-wells.

[Aggro_zombies]

I'm not really clear what's to debate here... WotC has the right as a private company to do as they want so long as they do not descriminate against protected groups. There is no 'right' to participate in DCI tournaments.

So it seems your issue with this is based on one of two possibilities:
1.) You empathize with the guy cause if you did something similar and served your time, you'd be upset that you can't play Magic anymore.
2.) You just dislike Drew Levin.

I think if the concept of rehabilitation is to hold any water at all, we should be willing to accept that someone who has done their time has, well, done their time. Otherwise, why ever release anyone from prison, since they are dangerous convicts?

Plus, it's not even like being convicted of something is a bar to being high-profile in the community. Chapin is in the Hall of Fame, had screen time at the last Pro Tour, and is a convicted drug dealer. I'm pretty sure that Zach is getting axed now because there's been a big furor recently about women in Magic and the potential PR nightmare of "Convicted Rapist Wins Magic Pro Tour" was too radioactive for Hasbro or Wizards to touch.

RE: Thread - I'm willing to leave this open as long as it doesn't descend into a shitfest. Rational discussions surrounding controversial issues are not something this site does well, but maybe I won't be disappointed this time.

[Ace/Homebrew]

My guess is that he's taking issue with your previous comment implying that he should be made to suffer as long as his victim.

Please re-read. I am not confused why he takes issue with my comments! I took a position counter to his.
I do not understand what there is to debate here... the idea that an individual's right to play in company sponsored tournaments is greater than the same company's right to control who participates in their tournaments?

To pretend like you were discussing anything remotely related to Hasbro/WotCs actions in the matter is just a weak attempt at misdirection and you know it.

No intentions to misdirect on my part!
I expressed my opinion in a thread that was asking about opinions. Then the topic of conversation drifted as they tend to on internet forums.
My opinion was not fully informed, but that is because the ability to access additional information was by visiting Reddit, which I won't attempt at work. My opinion hasn't changed. If she is satisfied I am satisfied, although I doubt she is. Having said that, if WotC doesn't want him identified with their product, that is their right. He can still play casually.

[firebadmattgood]

This is seriously the most toxic community I've ever encountered. You people are OUTRAGED that a man who vaginally and anally raped a 19 year woman while she was passed out on her toilet is now banned from playing a children's card game at the professional level.

Proposing that WotC either implement absurdly burdensome background checks to ban all felons or sex offenders or to let all of them play is a trivially obvious false dilemna and profoundly stupid to bring up in the context of WotC banning one high profile player to protect their public image.

Comparing him to Chapin, who did time for selling something to someone who wanted to buy it, is an equally obvious false equivalence.

[Phoenix Ignition]

This is seriously the most toxic community I've ever encountered. You people are OUTRAGED that a man who vaginally and anally raped a 19 year woman while she was passed out on her toilet is now banned from playing a children's card game at the professional level.

It's about empathy. It's not empathy for a rapist who "got away with it," it's empathy for a rapist who acknowledges their wrongdoings and has spent the last 11 years rebuilding his life in the most positive ways possible. No one here has or will argue that raping someone isn't bad. It's also about the DCI caving to social media pressures instead of actually being consistent or saying anywhere that "sex offenders are not allowed to play."

Arbitrary bannings because of twitter brigades is terrible. Also, searching through people's history and doxing them (like Drew Levin did) should be discouraged with a ban itself, instead of encouraged by backing him up.

Proposing that WotC either implement absurdly burdensome background checks to ban all felons or sex offenders or to let all of them play is a trivially obvious false dilemna and profoundly stupid to bring up in the context of WotC banning one high profile player to protect their public image.

Or they could actually be clear on the subject and not try to sweep it under the rug. You know what would be fine? Just having a policy saying "Sex offenders are no longer allowed to play in tournaments." Then they could go about business as usual and if a sex offender was brought to their attention they could ban them and point to the line in the DCI agreement. Right now they're literally just banning him because of Drew Levin's twitter offensive.

Comparing him to Chapin, who did time for selling something to someone who wanted to buy it, is an equally obvious false equivalence.

Implying that selling large quantities of ecstasy causes no harm is kind of ridiculous. As long as it remains illegal it will cause harm through the drug trafficking required to get it here.