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Cases · NCAA · 2012–2021

Baylor University and the Football Sexual Assault Scandal

After reports of sexual assaults involving Baylor football players, the university's Board of Regents hired the law firm Pepper Hamilton to review its response. In May 2016 the board released findings that Baylor had fundamentally failed to implement Title IX. The findings said that in some cases football and athletics staff had handled reports themselves or failed to report them. Baylor fired head coach Art Briles, removed Ken Starr as president, and sanctioned athletics director Ian McCaw, who then resigned. In 2021 the NCAA said it could not conclude that Baylor broke NCAA rules in handling the assaults, though it penalized other violations.

Timeline

  1. Criminal cases and media reports raise concerns about Baylor's response to sexual assault reports involving football players. The regents hire Pepper Hamilton.
  2. The regents release a findings summary describing fundamental Title IX failures. Briles is suspended with intent to terminate, Starr is removed as president, and AD McCaw is sanctioned. McCaw resigns days later.
  3. Lawsuits by survivors and continuing disclosures follow. Baylor adopts a long list of corrective recommendations.
  4. The NCAA Committee on Infractions says it cannot conclude that Baylor violated NCAA rules in its handling of sexual violence. It penalizes impermissible-benefit and recruiting violations with probation, a fine, and recruiting restrictions.

The ethical issues

  • Duty of care: institutional obligations to students who report sexual violence.
  • Athletics exceptionalism: athletics staff handling allegations outside the formal Title IX system.
  • Leadership accountability at coaching, athletics, and presidential levels.
  • Limits of NCAA jurisdiction: misconduct of great moral weight that may not violate athletic rules.
  • Transparency: the regents released a summary rather than a full written report, which drew criticism.

Stakeholders

StakeholderInterests & obligations
SurvivorsSafety, support, justice, and institutional accountability.
Baylor students and communityA safe campus and trust in the institution.
Baylor leadership and regentsLegal compliance, reputation, and governance.
Football staff and playersCareers and the program's future.
NCAA and Big 12Their role and limits in enforcing institutional conduct.

Why this case matters

Baylor is a key case on Title IX and athletics. It shows how a winning program’s culture can override institutional safeguards, and how far NCAA enforcement can reach.

Discussion questions

  1. How can the culture of a high-profile program interfere with an institution's Title IX obligations?
  2. Who bore responsibility at Baylor, and were the consequences proportionate to each person's role?
  3. Should the NCAA have the authority to sanction schools for failures in handling sexual violence?
  4. Did releasing a findings summary instead of a full report serve survivors and the public? Why or why not?

Sources

  1. Baylor University Board of Regents announces leadership changes and extensive corrective actions — Baylor University
  2. Baylor responds to Title IX charges, fires Briles, self-reports to NCAA — NCAA.com
  3. Baylor University Public Infractions Decision (Aug. 11, 2021) — NCAA
  4. Baylor University sexual assault scandal — Wikipedia