Schools must guide athletes

Recently the media has been filled with reports of the scandal at the University of Colorado involving a series of charges filed by women who said they had been sexually assaulted by athletes over the past several years. The seriousness of these charges was compounded by extremely unfortunate remarks made to the press by the football coach, remarks that led to disciplinary action being taken against him. The president of the university has convened an investigation into both the specific charges and into the program as a whole, and even the Colorado Legislature has now begun to look into the matter.

The problems at Colorado come on the heels of accusations of other types of improprieties at the University of Missouri involving athletics. Indeed, for years it seems as though every season brings with it not only the excitement of the athletic contests themselves but also some scandal involving either players, alumni boosters or university administrators. Now, once again, the NCAA is calling for renewed vigor in maintaining honesty and proper behavior in collegiate athletic programs and for increased control over these programs by university presidents and chancellors.

Certainly, increased university administrative control over athletic programs is a desirable change in the way athletics programs are run at some universities. But, it seems to me that more than increased control is necessary. First, I think that all parties involved must face up to the realities of college life and, having done so, institute educational programs and administrative structures designed to deal with these realities.

Sexual harassment and rape are not unique to athletes. Unfortunately these crimes occur on campuses everywhere. Indeed, they are not unique on college campuses. They occur everywhere in our country and are endemic to our society. Harassment and rape occur in schools, in offices, and in the home. So-called “date rape” is an all-too-common phenomenon in the United States.

It would be naive to think that college athletes, who live in a very physical culture and one that is often violent, would be immune to this unfortunate behavior. What is different about college athletes and those who work with them is that they live in a fish bowl and are expected to adhere to even higher standards of behavior than ordinary men and women.

Sexual harassment and rape are never acceptable or excusable. They are serious crimes. But when athletes who are in the public eye and are heroes to thousands of their fans are even accused, let alone guilty, of such acts, they will face consequences even more serious than normal. Athletes must not only avoid committing such acts, they must avoid any and all behavior that might be misinterpreted. Those who work with athletes must also adhere to these higher standards.

I believe that the best way to deal with this problem is to use administrative control to educate as well as monitor athletes. Athletic programs already have individuals who monitor every aspect of athletic operations to ensure compliance with NCAA and other regulations. Many high-profile college athletic programs also keep a close watch on athletes. But one cannot simply put athletes into a prison cell when they are not playing. They are young people and, without guidance, a few may make very serious mistakes.

To lessen the likelihood of this, every college athletics program ought to institute training for athletes in what is expected of them off the field or court. They need to be made fully aware of the law and of the higher standard of behavior to which they will be held. They need to have someone available at all times to counsel them on these matters. And some college coaches could also profit from such training.

Finally, there should be a “zero tolerance” policy adopted by every college athletics director as well as guidelines on how to deal with charges made against athletes. Perception is as important in these matters as reality.

There also is good news on this front, and it’s right here at home. Not all college programs have these kinds of problems. We need only look at our own program here at Kansas University to see one that has avoided such things. To my mind such avoidance is a great success, as much of a success and as much to be commended as our many successes on the court and the field.

If the NCAA is going to take action to avoid future scandals then they ought to look at programs like those at KU and think about how universities can best educate athletes and athletic staff to fully understand the law and the behavior that is expected of them.


Mike Hoeflich, a Kansas University law professor, writes a regular column for the Journal-World.