Institutional Liability of Student-Athlete Misconduct: a Legal Discussion of Events and Recommendations
Total Page：16
File Type：pdf, Size：1020Kb
University of Tennessee, Knoxville TRACE: Tennessee Research and Creative Exchange Masters Theses Graduate School 5-2008 Institutional Liability of Student-Athlete Misconduct: A Legal Discussion of Events and Recommendations Ashlie S. Goble University of Tennessee - Knoxville Follow this and additional works at: https://trace.tennessee.edu/utk_gradthes Part of the Business Commons Recommended Citation Goble, Ashlie S., "Institutional Liability of Student-Athlete Misconduct: A Legal Discussion of Events and Recommendations. " Master's Thesis, University of Tennessee, 2008. https://trace.tennessee.edu/utk_gradthes/356 This Thesis is brought to you for free and open access by the Graduate School at TRACE: Tennessee Research and Creative Exchange. It has been accepted for inclusion in Masters Theses by an authorized administrator of TRACE: Tennessee Research and Creative Exchange. For more information, please contact [email protected]. To the Graduate Council: I am submitting herewith a thesis written by Ashlie S. Goble entitled "Institutional Liability of Student-Athlete Misconduct: A Legal Discussion of Events and Recommendations." I have examined the final electronic copy of this thesis for form and content and recommend that it be accepted in partial fulfillment of the equirr ements for the degree of Master of Science, with a major in Sport Studies. James Bemiller, Major Professor We have read this thesis and recommend its acceptance: Lars Dzikus, Robin Hardin Accepted for the Council: Carolyn R. Hodges Vice Provost and Dean of the Graduate School (Original signatures are on file with official studentecor r ds.) To the Graduate Council: I am submitting herewith a thesis written by Ashlie Shaw Goble entitled “Institutional Liability of Student-Athlete Misconduct: A Legal Discussion of Events and Recommendations.” I have examined the final electronic copy of this thesis for form and content and recommend that it be accepted in partial fulfillment of the requirements for the degree of Master of Science, with a major in Sport Studies. ________James Bemiller________ Major Professor We have read this thesis and recommend its acceptance: __________Lars Dzikus_________ __________Robin Hardin________ Accepted for the Council: ______________________________ Carolyn R. Hodges, Vice Provost and Dean of the Graduate School (Original signatures are on file with official student records) INSTITUTIONAL LIABILITY OF STUDENT- ATHLETE SEXUAL MISCONDUCT: A LEGAL DISCUSSION OF EVENTS AND RECOMMENDATIONS A Thesis Presented for the Masters Degree in Sport Studies with a Concentration in Sport Management The University of Tennessee, Knoxville Ashlie Shaw Goble May 2008 DEDICATION This thesis is dedicated to my parents, Robert and Jeanie Goble, and my brother Grant Goble. ii ACKNOWLEDGMENTS There are many people I wish to thank for their encouragement, inspiration, patience and guidance throughout my masters program. There are not enough words to express the gratitude I owe to my parents. Their continued love, support and encouragement is unparalleled with the endless opportunities they have provided me. I would also thank my brother who has been supportive in every decision and life path I have chosen to explore. His mere presence, humor and motivation have helped me realize my potential. I would like to thank my undergraduate coaches and professors who inspired me to never settle or be satisfied. I would like to acknowledge and thank Dr. Andrew for his enthusiasm, direction and belief in my research as well as my topic. Finally, I must extend special thank you to Jim Bemiller, Dr. Lars Dzikus, Dr. Robin Hardin and The University of Tennessee for their instruction and guidance throughout this process. I owe a great deal to Mr. Bemiller who provided the path for this thesis as well as inspired many ideas. The patience and encouragement of “B”, Dr. Dzikus and Dr. Hardin are greatly appreciated. They are truly inspiring mentors. iii ABSTRACT The purpose of this study was to examine how universities are being exposed to Title IX liability due to increasing sexual assault and sexual harassment accusations of student-athletes. This thesis examined recorded case law with regard to student-athlete sexual misconduct as well as compared law reviews and academic journal findings to determine the extent of which a university is responsible for such misconduct in an effort to propose recommendations to assist administrators in understanding and managing these liability issues. Colleges and universities are becoming increasingly entangled in sexual harassment lawsuits and settlements involving student-athletes. These incidents are costly both monetarily, and in damage to the reputation and integrity of the school and its athletic program (Duffy & Osborne, 2005). Student- athletes’ help universities generate millions of dollars annually toward athletic departments, provide national marketing opportunities, as well as provide entertainment for their communities, alumni and fans nationwide (Harrison & Moye, 2006). This trend of incidents of harassment has fostered a growing concern as to whether or not a university should be held responsible for the behavioral misconduct of their student - athletes. Athletic departments and their administrators are under increased scrutiny with regard to student-athlete behavior, specifically sexual harassment and sexual assault. Previous research has indicated that male athletes make up roughly two percent of a campus’ population and are named in 23% of sexual assault cases (Duffy & Osborne, 2005). iv TABLE OF CONTENTS CHAPTER I .......................................................................................................... 1 Introduction........................................................................................................... 1 CHAPTER II ......................................................................................................... 5 Legislative History and Early Case Precedent...................................................... 5 Title IX .................................................................................................................. 5 Sexual Harassment .............................................................................................. 9 Case Law Review............................................................................................... 12 Cannon v. University of Chicago ................................................................. 12 Lipsett v. University of Puerto Rico.............................................................. 13 Franklin v. Gwinnett County Public Schools................................................ 16 Rowinsky v. Bryan Independent School District .......................................... 18 Thorpe v. Virginia State University .............................................................. 22 Gebser v. Lago Independent School District ............................................... 25 Davis v. Monroe County Board of Education............................................... 28 Doe v. The Ohio State Board of Regents .................................................... 30 CHAPTER III ...................................................................................................... 35 Cases and Rulings Involving Student-Athletes................................................... 35 Brzonkala v. Virginia Polytechnic and State University ............................... 35 Klemencic v. Ohio State University ............................................................. 37 Benefield v. The Board of Trustees of the University of Alabama at Birmingham ................................................................................................. 41 Jennings and Keller v. University of North Carolina .................................... 43 Williams v. Board of Regents of the University of Georgia .......................... 48 Simpson and Gilmore v. The University of Colorado Boulder...................... 52 CHAPTER IV...................................................................................................... 57 Discussion of Common Reasoning in Research................................................. 57 CHAPTER V....................................................................................................... 60 Conclusion and Recommendations .................................................................... 60 Suggestions for Further Research...................................................................... 70 LIST OF REFERENCES .................................................................................... 72 VITA ................................................................................................................... 77 v LIST OF FIGURES Figure 1. Title IX Institutional Liability Landmarks............................................... 56 vi CHAPTER I Introduction The purpose of this study was to examine how universities are being exposed to Title IX liability due to increasing sexual assault and sexual harassment accusations of student-athletes. This article explored the availability of Title IX as a vehicle for imposing legal liability on colleges and universities for acts of sexual violence committed by their student-athletes (Davis & Parker, 1998). While many forms of sexual harassment exist, the article primarily discussed male-on-female sexual harassment and assault. Since the turn of the century, there have been several sexual assault cases brought to national attention involving