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In an investigative report by ESPN's Outside the Lines, a troubling statistic has come to light: athletes on college campuses are three times more likely to be accused of sexual misconduct or domestic violence compared to the general student body. The finding was based upon Title IX complaints collected from thirty-two (32) Power Five schools covering a six-year period. The reasons behind this disparity are no doubt multifaceted and complex. There has become a sharp divide between two groups of advocates that use the statistics to support their positions.
Those that identify themselves as victim advocates suggest the disparity is explained by the behavior of athletes versus the student body and the culture surrounding athletics. They argue athletes receive benefits during their college experience that others do not enjoy. They claim this favorable treatment fosters a sense of entitlement and impunity on the part of the athlete and a bias toward the athlete on the part of the university. They argue that the adulation and special treatment that athletes receive on campus can create an environment where some athletes may feel emboldened to engage in inappropriate behavior without fear of consequences. Additionally, they argue the intense pressure to perform and succeed in sports can lead to a culture of toxic masculinity and hyper-competitiveness, which may contribute to a lack of respect for boundaries and consent. They further argue this culture remains protected because of the loyalty that teammates feel towards each other that creates a code of silence that discourages reporting of misconduct. Moreover, they argue the universities have always relied on their athletic programs to attract prospective students and generate income to the university which creates a bias toward athletes and leniency for their poor behavior.
Those that identify themselves as advocates for athletes accused of wrongdoing suggest the disparity is based upon false allegations made against high profile athletes. They argue that athletes are often viewed as attractive partners by many women on campus. When relationships fail the title IX process is used as a weapon of revenge. Advocates will cite their experience inside title IX cases that demonstrate women know they can hurt their former partner by going after the one thing they know will hurt the athlete the most, the athlete’s eligibility by initiating a title IX investigation. These false allegations are protected by the university's presumption of victimhood and a process that provides little protection for the accused. They argue if the system does not challenge an allegation you will continue to see the disparity of allegations against athletes as the accusers are aware of a system that protects them. They cite the presence of sexual assault awareness material on campus that describes the likelihood a women will experience sexual assault by a man and the steps women can take to protect themselves creating a presumption that the female is the victim, and the male is the perpetrator.
I have been a practicing lawyer for 24 years in the criminal allegation arena both as a state prosecutor of sex and domestic crimes as well as a defense attorney defending those allegations for college students and the population at whole. While there is no doubt true allegations and false allegations in society, in my experience there are undoubtedly an inordinate number of false allegations in the college setting than any other. College athletes are subject to those false allegations at a disturbing rate. It is not unusual for a sexual assault allegation be made against an athlete and prosecuted by a college through its Title IX office and that same allegation and set of facts be declined by prosecutors in criminal state court. This is based upon the difference in the process afforded an accused. In state court, we have the greatest system on the planet. It is called the adversarial system where the accused is presumed innocent, afforded a lawyer, and allowed to confront the witnesses in front of the decider of the facts. These assurances separate our system from most of the world's judicial systems. In the Title IX process, recently passed by the Biden administration, there is not a presumption of innocence, you are not afforded a lawyer, you do not get a live hearing and you do not get to confront witnesses. This process abandons the pillars of our judicial system designed to create accurate and truthful results. Those pillars were designed in recognition that the outcomes have life altering effects. Those pillars were designed to ensure the allegation is supported by evidence and satisfies a level of certainty needed to justify the consequences. Those pillars were also designed to give true victims the ability to present their case and regain power that was taken from them by a perpetrator of sexual or domestic assault. In the famous words of Justice Frankfurter, “The history of American freedom is, in no small measure, the history of procedure.” If the college's disciplinary process fails to provide procedural protections against false allegations, I believe you will continue to see the most high-profile members on campus be targeted. There is nothing wrong, in fact it is very American, to provide fair and consistent procedures for the accuser and the accused. I believe if that is done, we will effectively address the alarming disparity of complaints against athletes on our campuses.
Source: ESPN Outside the Lines article "Title of the Article,"https://www.espn.com/espn/otl/story/_/id/25149259/college-athletes-three-s-more-likely-named-title-ix-sexual-misconduct-complaints