'The Army You Created': Combating the Issue of Sexual Assault in College and Quasi-Professional Sports
7 Miss. Sports L. Rev., Forthcoming
33 Pages Posted: 21 May 2018 Last revised: 16 Jul 2018
Date Written: May 6, 2018
Abstract
In the wake of Dr. Larry Nassar’s sentencing for sexual assault, it has become even clearer that there exists a culture of sexual assault in collegiate and quasi- professional sports. Preceding Nassar’s demise there were several cases that brought the nation’s attention to the problem of sex assault in America. The most notable example is that of Penn State’s Jerry Sandusky. Nassar and Sandusky represent people of authority using their positions to prey on minors and young adults within the confines of sports programs. Using Title IX and the Clery Act, as well as state laws, it is possible to push back against athlete assault. However, Title IX coordinators and SafeSport, the Olympic disciplinary body, leave gaps where a government-created agency could easily provide more stability, and ensure more positive outcomes during sex assault investigations. By amending the Amateur Sports Act to include amateur sports of all types, and by creating a Safe Athletics Commission (SAC) modeled after the Equal Employment Opportunity Commission (EEOC), the federal government can ensure that sex assault investigations are carried out in a more objective, swift, and professional manner—regardless of the school or Olympic governing body. For the love of the game, it is time to protect our players at the expense of our coaches, athletic trainers, deans, and other sports authorities.
Keywords: College Sports, Olympics, Sexual Assault, Sports Law, Title IX, Criminal Law, Statute of Limitations, Jerry Sandusky, Larry Nassar
JEL Classification: K14, J18, L83
Suggested Citation: Suggested Citation