In our opinion, Sports and Title IX should not be intertwined together, but unfortunately, we cannot control some things. While you wish sports to only be affected by an individuals’ or teams’ performance, there are other factors and elements that interfere in the system. And like with many other areas in the world, Title IX plays a huge part in everyday life, designed to civilly protect anyone and/or everyone amongst the governed rule. As the days pass by, Title IX controversies are showing their presence at an alarming rate.

So much so that ESPN conducted and concluded a study back in 2018, that college athletes are three times more likely to be accused of sexual misconduct in Title IX complaints.

According to Marquette Sports Law Review, they discuss, in relevant part:

“ In 1980, when the Second Circuit Court of Appeals decided Alexander v. Yale University, the true scope of Title IX was unknown. Alexander was the first case to address the issue of sexual harassment of students under Title IX. In Alexander, five current and former students sued Yale University, alleging that male faculty members and administrators sexually harassed them. The students further alleged that Yale was violating Title IX “by refusing to consider seriously women students’ complaints of sexual harassment by male faculty members and administrators.” Title IX, which was passed to prohibit sexual discrimination at educational institutions that receive federal financial assistance, requires such institutions to “adopt and publish grievance procedures providing for prompt and equitable resolution of  student and employee complaints.” The United  States District Court for the District of Connecticut granted Yale’s motion to dismiss against all of the students,except for one, based on the grounds that the other students had failed to state a  claim establishing a violation of Title IX. Additionally, the court determined that since the other students had graduated, their complaints were moot.”

In this case, the court determined that the evidence has little or no practical evidence to convict of the Title IX allegations. And similar cases to these have come and gone throughout the prior years at the collegiate sports level.

The U.S Department of Education has decided to take a more aggressive stance, and change the way universities have previously handled Title IX matters.  Frankly, they just may have all but confirmed and guaranteed a detrimental connection between Title IX and College Sports.

Universities have experienced immense difficulties when student-athletes are accused of Title IX violations and often have to make difficult decisions. Under the new legislation of President Biden, Title IX is going to be reshaped. The new executive order recently passed on March 8, 2021 states, in relevant part:

“It is the policy of my Administration that all students should be guaranteed an educational environment free from discrimination on the basis of sex, including discrimination in the form of sexual harassment, which encompasses sexual violence, and including discrimination on the basis of sexual orientation or gender identity.  For students attending schools and other educational institutions that receive Federal financial assistance, this guarantee is codified, in part, in Title IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs or activities receiving Federal financial assistance.”

Essentially, the order changes how universities must respond to sexual assault and harassment complaints. The order gives more rights to students who are accused, and also demands more steps to be taken by coaches and other personnel. The fact of the matter is, the order creates rules where less reporting of mandates on sexual harassment, assault, and discrimination. This order goes into effect on August 14, 2021.

According to ESPN, the new regulations give colleges and universities discretion in deciding whether coaches and other employees, such as staff and faculty, must report allegations to the Title IX office, stating that this is “respecting the autonomy of students” who might not want their information shared or to initiate a formal investigation. All employees are required to report such allegations at K-12 schools, where the students are minors, and all schools must investigate and adjudicate when a formal complaint is filed.

ESPN also points out that the new regulations give schools discretion in choosing which standard of proof is required to find a student responsible for a violation, allowing them to use either the clear and convincing standard or the preponderance of the evidence standard.

For universities and the athletic department, this will create hurdles, and quite possibly, more than the older rules. Due to the rule allowing universities full discretion on what to do with Title IX violations this may cause even more turmoil if the university does not do what is morally right and that could be damaging.

Being that the executive order is still new, and the rules are still yet to go into effect, it remains to be seen what will happen.

Regardless of what happens, Miletti Law will be waiting and fully prepared to handle out business when it comes to Title IX cases.  Our objective is simple, ensure the client has more time to focus on their sport, and spends less time focusing on the law.  You focus on playbooks, we focus on law books.

As always, STAY UNUSUALLY MOTIVATED and keep crafting your knack!