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FOOTNOTES  

 

FN1.   One authority states that 112 athletes were charged with sexual assault or domestic violence in 1995 and 1996, and that most of their accusers were female college students.  Brian L. Porto, A New Season:  Using Title IX to Reform College Sports.  Praeger Publishers, 2003 at 124-5.  For more recent accounts of alleged sexual assaults by college athletes, see,, Ken Armstrong and Nick Perry, “Convicted of Assault and Accused of Rape, Star Player Received a Raft of Second Chances,” Seattle Times, January 31, 2008, available at http://seattletimes.nwsource.com/html/localnews/2004147460_rbstevens270.html (last visited 10/31/08) (football player at the University of Washington with prior criminal record for assault convicted of raping fellow student).   See also “DeAnza College Suspends 8 Athletes in Sexual Assault Case,” NBC11.com, available at http://www.nbc11.com/news/11192221/detail.html (last visited 3/18/08) (baseball team members accused of attempted sexual assault of high school girl).  For additional examples of alleged sexual misconduct by college athletes, see Jenni E. Spies, Comment:  “Winning at All Costs:  An Analysis of a University’s Potential Liability for Sexual Assaults Committed by its Student Athletes,”  16 Marq. Sports L. Rev. 429 (2006) and Kimberly M. Trebon, Note and Comment:  “There is no ‘I’ in Team:  The Commission of Group Sexual Assault by Collegiate and Professional Athletes,”  4 DePaul J. Sports L. Contemp. Probs. 65 (2007).

 

FN2.    20 U.S.C. 1681 et seq.  See, for example, Ross v. The Corporation of Mercer University, 506 F. Supp. 2d 1325 (M.D. Ga. 2007)(court granted summary judgment to university, ruling that sexual assault upon student was not foreseeable and that university did not act with deliberate indifference).  But see Jane Doe v. Erskine College, 2006 U.S. Dist. LEXIS 35780 (D.S.C., May 26, 2006)(unpublished)(court refused to award summary judgment to college sued under Title IX after plaintiff was allegedly sexually assaulted by fellow student).

 

FN3.   See, for example, Brzonkala v. Virginia Polytechnic Institute, 169 F.3d 820 (4th Cir. 1999)(en banc), aff’d, U.S. v. Morrison, 529 U.S. 598 (2000), in which a student allegedly raped by a football player sued both him and the institution under the federal Violence Against Women Act (42 U.S.C. 13981).  The U.S. Supreme Court invalidated the law, ruling that violence against women does not have a substantial adverse impact on interstate commerce and thus was beyond Congress’ authority to legislate.

 

FN4.   503 U.S. 60 (1992).  This case concerned alleged sexual harassment of a student by a teacher.

 

FN5.   524 U.S. 274 (1989).

 

FN6.   Id. at 276.

 

FN7.   Id. at 290.

 

FN8.   526 U.S. 629 (1999).

 

FN9.    Id. at 645. 

 

FN10.  Id. at 651.

 

FN11.  477 F.3d 1282, 1291 (11th Cir. 2007).

 

FN12.  500 F.3d 1170,1170 (10th Cir. 2007). 

 

FN13.  2008 Wash. App. LEXIS 333 *1 (Ct. App. Wash., February 11, 2008).

 

FN14.  477 F.3d 1282, 1291 (11th Cir. 2007).

 

FN15.  Id. at 1288

 

FN16.  Because the court was reviewing an appeal from a dismissal of the plaintiff’s claim, it used the plaintiff’s version of the facts in assessing whether, if believed, her version of the facts would make out a Title IX violation.

 

FN17.  The court stated that “by placing Cole in a student dormitory and failing to supervise him or to inform him of their expectations of him under the applicable sexual harassment policy, [the university] substantially increased the risk faced by female students at UGA.”  Id. at 1296.

 

FN18.  Id. at 1299.

 

FN19.  500 F.3d 1170, (10th Cir. 2007).

 

FN20.  524 U.S. at 290.

 

FN21.  Id. at 1173.

 

FN22.  Id. at 1177.

 

FN23.  489 U.S. 378 (1989).

 

FN24.  Id. at 1181.

 

FN25.  Id.

 

FN26.  Doug Lederman, Settlement in Sexual Assault Case,” Inside Higher Education, December 6, 2007, available at http://insidehighered.com/news/2007/12/06/settle (last visited 10/31/08).  The university reportedly paid $2.5 million to plaintiff Simpson and $350,000 to plaintiff Gilmore.

 

FN27.  2008 Wash. App. LEXIS 333 (Ct. App. Wash., February 11, 2008).

 

FN28.  National Coalition Against Violent Athletes, http://www.ncava.org/prevention/html (last visited 3/18/08).

 

FN29.  Henry Wechsler, Jae Eun Lee, Meichun Kuo, and Hang Lee. “College Binge Drinking in the 1990s: A Continuing Problem: Results of the Harvard School of Public Health 1999 College Alcohol Study. 48 J. Am. Coll. Health 199 (2000).  See also Henry Wechsler, Jae Eun Lee, Toben F. Nelson, and Meichun Kuo, “Underage College Students’ Drinking Behavior, Access to Alcohol, and the Influence of Deterrence Policies.”   50 J. Am. Coll. Health 223 (2002).

 

FN30.  Sara Lipka, “Conduct Codes are Giving Athletics Directors More Power to Bench Players Who Break the Rules.”  Chronicle of Higher Education, January 13, 2006, available at http://chronicle.com/weekly/v52/i19/19a04301.htm (last visited 10/31/08).

 

FN31.  For an example of an organization that provides training concerning the prevention of sexual harassment and assault that is specifically designed for college athletes, see National Consortium for Academics and Sports, and in particular, its Mentors in Violence Prevention program, at http://www.ncasports.org/mvp.htm.

 

FN32.  Sampson, Rana.  Acquaintance Rape of College Students.  U.S. Dept. of Justice, Community Oriented Policing Series #17. According to the American Medical Association, a study of sexual assaults among college students found that 73% of the assailants and 55% of the victims had used drugs, alcohol, or both immediately before the assault. (AMA. Sexual Assault in America. November 6, 1995, cited in “New Beginnings:  Facts on Sexual Assault,” available at http://www.newbeginningsnh.org/html/dv_sa.html).