Institutional Liability for the Sexual Crimes of Student-Athletes: A Review of Case Law and Policy Recommendations

Abstract

<p>Sport in American culture has become a massive economic and entertainment venture and, with that, professional and intercollegiate athletes have been elevated to semi-celebrities and role models. This designation perhaps is wrongly so, as news of athletes' mishaps are a featured part of the daily news. In the collegiate setting, athletes' misconduct can become a serious problem: Not only does it besmirch the image of the institution and its teams, but in certain instances can cause the institution, athletic association, and members of the administration and athletic staff to be the targets of litigation.</p><p>This paper seeks to explore whether or not the growing number of criminal acts committed by intercollegiate athletes is cause for concern for increased institutional liability. Does recruiting or retaining such athletes expose the institution to lawsuit, particularly if the institution was aware of the student's criminal past? Or should the educative purpose of college offer a redeeming "second chance" to these promising young men and women?</p>