An Intersection of Gender, Race, and Sports: Guidelines for Universities Determining Whether to Suspend Athletes Accused of Title IX Violations
9 Berkeley J. Ent. & Sports L., Vol. 1 (2020 Forthcoming)
45 Pages Posted: 10 Sep 2019 Last revised: 3 Aug 2020
Date Written: September 2, 2019
Sexual assault on college campuses remains an epidemic. As universities attempt to handle Title IX complaints regarding sexual misconduct, they must protect the academic environment and integrity of their schools. Since athletes are three times more likely to be accused of sexual assault than non-athletes, and schools have historically mishandled complaints against athletes, the proposed guidelines in this Article provide an equitable approach for determining when an athlete should be suspended from playing based on a Title IX complaint brought against the athlete. The guidelines take into account the interests and biases of the schools, athletes, and victims, limits the discretion of the schools in deciding when to suspend, and sends an unequivocal message to the rest of the university and student body that providing a safe academic environment for all students is more important than the school’s athletic profits and success.
Keywords: Title IX, sexual assault, college sports, gender, race, sports law, college athletes, business of college sports, education law, gender law, race law
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