Journal of NCAA Compliance
Sexual Assault, College Athletes
Recent cases of sexual assault and violence against women proliferate in intercollegiate athletics. Despite federal mandates under Title IX, universities may struggle to appropriately respond to such incidences due to fan bias and/or difficulty in prosecuting under the criminal burden of proof. As such, this article offers up the National Collegiate Athletic Association (NCAA) as an adjudicating body, which could appoint a tribunal to ensure safety on campus and just punishment for transgressors. Using retributive justice and procedural justice as theoretical frameworks, it is argued that the NCAA is best served to investigate instances of sexual assault and violence against women by studentathletes at member institutions. Further, the NCAA has the power to levy punishment against those found responsible for violence against women, leading to a zero-tolerance policy for sexual assault in college sport.
Bailey, Richard J. JD and McCray, Kristy, "Keeping Campuses Safe: The College Crime and Consequence Conundrum" (2019). Health and Sport Sciences Faculty Scholarship. 20.
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