
In America, college football athletes are seen as legends and heroes to the public. A college football player’s reputation is built upon their number of touchdowns, sacks, or tackles for loss; however, the American public and the media refuse to acknowledge the dark truth about college football players. Over the past decade, many stories have begun to circulate about sexual assault cases against college football players. According to Ann Burnett, et al. author from North Dakota State University, “men’s athletics can foster rape culture because they are sex-segregated… College men who play aggressive sports are more likely to accept rape myths, are more accepting of violence, and engage in more sexual coercion toward dating partners” (466). In consideration of this acquiring problem, college students should be required to participate in bystander prevention programs, and universities should have stricter consequences against student athletes who are convicted of sexual assault. 

Most students across the United States have a dream of attending college. Young adults across America are fueled with the phenomenon that college is the best four years of their lives. Colleges and universities begin recruiting students with campus tours, e-mails, brochures, mail, and many other methods. Colleges and universities are building a brand; they are a business, and their purpose is to entice students to come to their schools. If colleges are able to enroll students at their institutions, they are able to continue to make money. In order to protect their reputations, colleges and universities hide the sobering statistics of sexual assault on college campuses. 

According to Ann Burnett et al, “Every two minutes in the United States, someone is raped, and the chances of being that victim are four times greater for a college female student than for any other age group” (465). Rape is more likely to occur on college campuses for a variety of reasons; however, alcohol is a main contributor in sexual assault cases. As stated by Rebecca and Justin Hayes-Smith, “74% of perpetrators and 55% of rape victims had been drinking alcohol before the incident occurred” (112). Notoriously, alcohol impairs judgement and causes individuals to behave in abnormal ways. If alcohol is consumed in large amounts, an individual becomes more likely to become unconscious, which frequently happens in rape situations. Even though rape appears to be a common occurrence on college campuses, “over one-half of the rapes that occur each year are not reported” (Burnett et al 465). Many rape victims are afraid to discuss the crime that has been committed to them due to rape myths. As defined by Burnett et al, “rape myths deny or minimize victim injury or blame the victims for their own victimization” (147). Some examples of rape myth include: the idea that “no” really means “yes”, if some women are dressed provocatively she is “asking for it”, and that women falsely report rape to protect their reputations. Our society has a habit of making excuses for perpetrators, instead of helping rape survivors. This mentality is only heightened when the rape case involves a college athlete. 

Not only is rape the most underreported crime, it is also the least likely crime to end in conviction (Rhode 1). Due to the rape myth mentality that lives in the American society, administrators and law enforcement often discourage individuals from filing rape charges. According to Rhode, author in University of California’s Women’s Law Journal, “In one survey of one hundred and seventy-one sexual assaults investigated by police at six campuses, only 7% resulted in arrest and 4% in conviction” (2). The numbers become even more frightening when examining the statistics of student athletes. Rhode also states that “Male athletes who constitute 3% of the male student body were responsible for 20% of rapes” (3). Due to athletes high-profile on college campuses, they are protected by the university. College football is a multi-billion-dollar industry, and the football players are the most crucial ingredient to the operation. College’s goal is to make money; therefore, schools protect their athletes to keep revenue high. While many incoming students and parents believe that safety is the top priority of colleges, the statistics of the lack of conviction against sexual predators speaks differently.  

In June of 1972, Congress passed the law Title IX. Initially, the law was created to prevent sex discrimination in public or private schools receiving any form of federal aid (“History of Title IX”).  Today, Title IX has become more concentrated on sex discrimination, sexual harassment, and sexual violence on college campuses, especially in regards to athletic programs due to the reoccurring issue of sexual assault committed by student athletes. It provides practices and standards in order to reduce sexual violence amongst college students. However, its standards vary between universities.

Title IX has become a prevalent topic in today’s society due to the amount of colleges and universities who have failed to comply with its standards. As of June 16, 2016, there were two hundred and forty-six ongoing Title IX investigations in U.S. Department of Education against one hundred and ninety-five colleges and universities related to sexual assault (Kingkade). However, since the 1980s, the U.S. Department of Education has had major cuts and been forced to reduce their personnel. Due to this reduction, many students are left without answers for years after they filed their cases. For sexual assault victims, years can be a daunting amount of time to wait before receiving closure in court. In order to decrease the suffering of sexual assault victims, the government needs to allot a more elaborate budget for the Education Department (“History of Title IX”). 

Jamies Winston was the top-rated high school quarterback in the nation. Every college in the United States wanted to have him come play for their football team. In 2012, Winston signed to play for the University of Florida State (FSU). During his time at Florida State, Winston would lead his school to win a national championship, and he would bring home a Heisman trophy. The media hailed Winston as a hero, but for two female Florida State students, he was a monster. 

In the film, The Hunting Ground, which recalls testimonies of students who have been victims of sexual assault, Erica Kinsman speaks out against the star athlete and Florida State University. On December 7, 2012, Erica Kinsman reported to the Florida State Police Department and Tallahassee Police Department that she was raped by an unknown man after attending a bar. After receiving Kinsman’s description of the man and the two male witnesses, the police failed to act on any of the information she provided (The Hunting Ground). According to the film, the police failed to obtain and review the video camera footage from any of the thirty surveillance cameras at the bar, locate the cab driver who drove them to the apartment from the bar, or interview critical witnesses. In April 2014, New York Times posted an article examining the incident and stated: “Based on police and University records, as well as interviews with people close to the case, including lawyers and sexual assault experts, [we] found that in the Winston case, Florida State did little to determine what had happened” (Bogdanich). However, this only begins to show the malpractice that took place by the Tallahassee police department and Florida State University.  

On January 22, 2013, Jimbo Fisher, FSU Head Football Coach, was informed of the sexual assault charges against Jameis Winston. Under Title IX policy, Fisher was obligated to report the incident to the university’s Title IX coordinator to begin the investigation; however, Fisher failed to do so (“The Facts of the Hunting Ground”). 

Eight months later, Kinsman notified the Title IX coordinator at Florida State because she believed her Title IX rights had been violated. On November 12, 2013, Kinsman was informed that a second FSU student had accused Winston of sexual assault. Ward-Roof, FSU Dean of Students, emailed FSU Policy Chief Perry that none of the alleged charges against Winston were a violation of school policy or the U.S Department of Education guidelines (“The Facts of the Hunting Ground”). 

On November 13, 2013, the State Attorney Office began an investigation into the Kinsman sexual assault case. The investigators in the cases interviewed key witnesses and obtained DNA samples from Jameis Winston. The DNA was obtained three hundred and forty-two days after the complaint was reported. The DNA from Kinsman’s clothes matched Jameis Winston’s DNA. The two investigators on the case interviewed the two men who were present at the time of the sexual assault encounter who testified that the sex was consensual. Less than a month later, the State’s Attorney Office stated they were not going to charge Winston with sexual assault and closed the investigation (“The Facts of the Hunting Ground”).   

Two years after the report was filed, FSU held a hearing regarding Kinsman’s assault. During the hearing, Kinsman was asked and answered one hundred and fifty-six questions. Winston refused to answer all of the questions the judge asked of him, except three; Winston claimed that he believed that Kinsman’s moaning during their encounter was a clear indication of consensual sex. After the hearing, Winston was found not responsible for the sexual assault of Erica Kinsman. Despite the fact that Winston had never been given clear consent from Kinsman, he walked away with no disciplinary actions. 

The University of Florida State clearly was in violation of Erica Kinsman’s Title IX rights. Under Title IX, students are entitled to equal treatment and representation by the university. Considering the negligent actions by Florida State, the university directly violated the U.S. Department of Education’s Title IX standards. Under Title IX, Winston’s hearing should have taken place sixty days after the initial complaint; however, the University hearing was not conducted until two years later (“The Facts of the Hunting Ground”). FSU claimed the hearing could not be conducted on time due to their inability to locate Winston; however, he could be found at every football game played by Florida State. Jameis Winston received special treatment because of his high-profile on the football team which directly violates Title IX. In addition, he managed to bypass up to six years in prison because of his athleticism on the football field. 

Colleges and universities are businesses. Despite the many assurances universities give, student’s safety is not their top concern. Occurrences similar to the Jameis Winston case happen every day. Schools across the nation discourage students from reporting sexual assault because they do not want students and parents to see the sexual assault problem occurring on college campuses. In 2012, 43% of schools reported to have zero reported sexual assault cases on their campuses; however, one in four women will experience some form of sexual assault in their four years of college (The Hunting Ground). The statistics do not line-up which shows the extent colleges and universities will go through in order to keep their businesses running. 

On February 8, 2017 the Big 12 Football Conference began an investigation regarding over fifty sexual assault allegations within a five-year span. In addition to the fifty sexual assaults, the football programs are also under investigation for four possible gang rapes. Former Baylor University football coach, Art Briles, is accused of arranging escorts to engage in sexual acts with major football prospects. Baylor serves as a prime example of the “sweeping under the rug” phenomenon. Patty Crawford, Baylor’s Title IX coordinator, resigned in the fall due to: “the university interfering with her ability to do her job” (Goodwyn 2017). Over the past five years, Baylor has had over sixty women come forward with sexual assault allegations; however, none of them have been investigated until this year. 

Baylor shows the extensive levels that universities will take to protect their football programs. While student safety is supposedly universities primary concern, their actions in dealing with sexual assault propose differently. None of the current thirty-one players that have been accused of sexual assault have been suspended from the football team or from the university. According to Rebecca Hayes Smith et, al., sexual assault offenders are four times as likely to be reoffenders. The universities malpractice puts the lives of others students at risk by allowing offenders to continue to roam as they please. 

Any football player with pending sexual assault charges should immediately be suspended until further investigation has been conducted. Pending investigations should be conducted in a minimum of two weeks of time. Colleges and universities should allot funds that are received from athletic programs in order to hire personnel to resolve sexual assault cases. Once the case has been concluded, if the accused appears to be innocent, the athlete may begin to resume participation in games. If the accused appears to be guilty, the athlete will remain on suspension. The victim can then choose if they wish to take the case to court. If the victim chooses to further pursue the case by taking the matter to court, the accused will remain on suspension and be unable to participate in team practices and games. The victim will immediately be offered counseling, financially covered by the university. The accused will also begin counseling and attempt to deal with their crime. If the victim takes the accused to court and the accused is found innocent, the accused will immediately be readmitted onto the team. If the accused is found guilty, the accused will be suspended for a minimum of one full football season and be required to attend mandatory counseling twice a week for fifteen weeks. Once the counseling is complete, the counselor and the athletics directors will meet and discuss the progress that the athlete has made. If the counselor concludes that the athlete has not shown remorse or admitted to their wrongdoing, the player will immediately be dismissed from the program and expelled from the university. If the athlete shows remorse, admits to the crime, and makes peace with the victim, the player will be allowed to participate on the team. However, the athlete may only be reinstated if their victim is in compliance. 

Contrarily, universities are not going to comply with athletes being immediately dismissed from their athletic teams. Individuals who make mistakes deserve second chances; however, if that chance is taken for granted, expulsion will be mandatory. With an appropriate amount of counseling and supervision from athletic directors, the athlete and the victim will be able to move past the tragedy that occurred. 

In addition to these guidelines, colleges and universities should mandate all students to participate in bystander prevention programs. According to Joshua Polanin, et al. 80% of sexual assault cases occur with bystanders around (47). Polanin, et al. also concluded that bystander prevention programs were successful (47). With bystander prevention programs in place, students will be able to protect themselves and others from potential sexual assault situations. 

According to Victoria Banyard, et al. previous attempts at bystander prevent have failed due to the lack of receptiveness from the community. The article furthers to state that modifications in pre-existing bystander prevention programs will: “strengthen the ability of prevention message to overcome resistance and defensiveness of participants, decrease victim-blaming messages whether intentional or not, and find ways to engage the broader community in tangible behaviors that promote a ‘rape free culture’” (67). In most circumstances, bystanders are apprehensive to intervene in sexual assault situations due to their lack of skills and knowledge about the situation. Victoria Banyard, et al. suggests that: “A key component of bystander research is also its attention to skills…People who have the appropriate capacity and beliefs will have an intention to intervene” (68). Therefore, if current bystander prevention programs are adapted to focus on an individual’s personal skills, intervention will be more likely to take place. 

With bystander prevention programs and counselors available, students will be able to prevent sexual assault cases from happening. In the event that a sexual assault case occurs, counselors will be available for the victim and the perpetrator. Through these two resources, colleges and universities will be required to keep track of rape cases on their campuses. With more accurate rape statistics, colleges and universities will be able to develop more effective sexual assault prevention programs. The safer and more equal colleges and universities become, the less lawsuits the institution will be charged with; therefore, the institutions and the students will benefit from the mandated programs. 

Safety is a crucial element in the college decision process to parents and potential students. In order for colleges to maintain their reputation and increases their revenue, colleges allow sexual assault cases to be swept under the rug. Colleges are a business; they have a brand to protect; therefore, employees are willing to take astounding measures to protect their institution. Florida State police department and the Tallahassee police department violated Erica Kinsman’s rights in order to protect their star athlete, Jameis Winston. As shown in the film, The Hunting Ground, over twenty cases are shown of women who have had their rights violated by their university. The twenty cases shown only account for a small fraction of the cases being conducted across the United States. Through counseling and bystander prevention programs, students will be better protected from sexual assault situations. As more intuitions tackle the issue of sexual assault, colleges will be able to supply students with a fun and safe learning environment. 
