San Antonio Express-News (Sunday)

Sex assault commission needs to be reinstated

- By Jenny Dial Creech STAFF WRITER jenny.creech@chron.com Twitter: @jennydialc­reech

In 2016, the NCAA took an important step when it put together the Commission to Combat Sexual Violence.

According to three of its members, on Monday the commission met for the last time.

While it was never meant to be permanent, the commission is needed now more than ever and the NCAA should reinstate it.

The commission, made up of 26 members ranging from conference athletic directors, coaches, attorneys and activists, met eight times via teleconfer­ence and in person to discuss recommenda­tions to help the NCAA figure out the best way to deal with ongoing problems with how athletic department­s deal with sexual assault.

This week brought those issues to light as Texas A&M came under fire for allowing a student-athlete found responsibl­e for rape back on the swim team.

The rules right now are muddy, but they don’t have to be.

The NCAA should continue to have committees and groups discussing this topic, and the board of directors should put forth rules that every member institutio­n should follow.

Making things black and white will eliminate any confusion and will set precedents for all to follow.

The case at A&M that emerged last week raised some interestin­g questions.

A swimmer was suspended for one semester after he was found guilty of sexual assault during a Title IX investigat­ion and hearing.

While he was away, he redshirted and didn’t lose any eligibilit­y. When he returned, he was back on the team.

If a student was suspended for misconduct that included cheating on a test or taking money from an alum, he or she would face major trouble and would likely not be allowed back on the team.

But if found guilty of sexual assault, there is no rule about whether or not that athlete should return.

The answer is simple. He or she should not be allowed to return to play anywhere in the NCAA.

A Wall Street Journal report found that since 2011, at least

108 college athletes who have been convicted for serious crimes (like sexual assault) transferre­d to play for another institutio­n.

Those are just the ones that were not allowed back on their original college team. And that number doesn’t include athletes who were punished by their universiti­es through Title IX processes.

At least one athletic conference has found a way to prevent this from happening.

Earlier this month, the Big Sky Conference announced the “Serious Misconduct Rule,” which will take effect for the 2019-20 academic year.

The rule bars prospectiv­e and current student-athletes with violent conviction­s to play or receive athletic-related financial aid at conference schools.

This makes is clear that anyone who has been convicted of or has pleaded guilty or no contest to misdemeano­r or felony charges of violent offenses, including “sexual violence, domestic violence, dating violence, stalking, sexual exploitati­on or any assault that employs the use of a deadly weapon or causes serious bodily injury” will not be allowed to play a sport at any school in the Big Sky.

If the NCAA would adopt this same policy, a lot of the problems surroundin­g sexual violence among athletic programs would subside.

If the NCAA won’t do it, it would be wise for other conference­s to do so.

The rule also could adapt to include Title IX violations, which are separate from criminal conviction­s.

In the case at A&M, there were no criminal charges filed. But Title IX exists to protect students from any kind of gender discrimina­tion and should be taken seriously.

Multiple sexual assault victims from Texas A&M spoke out in the last several days about their experience­s with the Title IX proceeding­s. Three of those women told the Chronicle the university has contacted them about opening the lines of communicat­ion and working toward making more consistent punishment­s.

That’s a great step in the right direction. One way A&M and other universiti­es could make positive change is to make it clear that any athlete who is found guilty of sexual misconduct in a Title IX investigat­ion won’t be allowed back on the team he or she was competing for.

Having rules in place would help prevent these crimes from occurring in the first place. Clarity and transparen­cy are key in changing the culture on college campuses.

The NCAA Board of Directors will meet in August and hopefully the group will decide to reinstate the Commission to Combat Sexual Assault and to put rules in effect for all its member institutio­ns to follow.

The conversati­on about how to fix the epidemic of sexual assault on campuses needs to continue and the NCAA should be a part of it. The governing body can and should step up to make positive changes.

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