This blog is set up for the HHP 126, HHP 157, HHP 420, and HHP 428 courses along with other Sports Students as a way to communicate with fellow classmates and faculty members
New Title IX Bill Seeks Fines for Sports Gender-Equity Violations
A new piece of Congressional legislation introduced Tuesday is looking to add language to federal Title IX laws that would empower the Secretary of Education to issue fines for schools whose athletic departments are out of gender-equity compliance.
The Democrat-backed bill, called the Fair Play for Women Act, is being co-sponsored by Sen. Chris Murphy (D-Conn.), and Reps. Alma Adams (D-N.C.), Lori Trahan (D-Mass.) and Suzanne Bonamici (D-Ore.).
The bill seeks, in part, to address the challenge of holding universities accountable for what has become the systemic disregard of Title IX's mandate for women to receive athletic resources and opportunities proportionate to their representation within a student body.
"It's no secret there's still a huge gap in resources and opportunities between women's sports and men's sports—it's a Title IX violation hiding in plain site," Murphy said in a statement.
While Title IX allows for the federal government to discontinue providing money to schools that are habitually noncompliant, no such school has ever faced that penalty.
Practically speaking, the most effective catalysts of change have been lawsuits brought by individuals or groups of athletes against schools.
In February, 17 past and current female athletes filed a federal Title IX lawsuit against San Diego State, which is believed to be the first monetary damages claim against a school over gender-equity compliance. The case, which is currently seeking class-action status, is asking for at least $1.2 million in compensatory damages to be paid to female athletes who played at SDSU since 2019.
The new bill would seek to further grease the legal skids by providing a private right of action for a school or athlete to sue an athletic department in either state or federal court.
In addition to addressing noncompliant college athletic departments, the legislation would also expand reporting requirements for K-12 schools.
Given the timing—five days before Christmas—the bill's introduction in the current Congress is largely symbolic, as it has virtually no chance of passing. A spokesperson for Murphy said the plan is to reintroduce it next year.
Vanderbilt assistant coach Dan Jackson.(Courtesy of Vanderbilt University)Published: Dec. 13, 2022 at 2:16 PM EST
NASHVILLE, Tenn. (WSMV) – A Vanderbilt University coach violated a school social media policy when he defended Kanye West on Facebook last month. Yet, his comments were not deemed discriminatory, a university investigation found.
StopAntisemitism, a nonpartisan organization aimed at exposing antisemitism, posted to Twitter in November claiming Vanderbilt defensive backs coach Dan Jackson defended Kanye West on a Facebook thread.
West, or Ye, has been criticized for several antisemitic posts, threats and comments in recent months. The nonprofit's post showed a screenshot of a Facebook comment, where Jackson defends West and says people "need to wake up."
"Kayne is two steps ahead of everyone. He's not crazy," Jackson wrote in the Facebook post. "People try to silence him because he thinks for himself. People don't want that. Rappers and athletes are taught to think the same as the media/politicians. If they have an opinion that is opposite the mainstream, they're called crazy. More people need to wake up and speak their mind."
At the time, Vanderbilt University Athletic Director Candice Lee and head football coach Clark Lea released a joint statement saying the comments were not directed at a specific group, but they were disappointed, and the situation would be handled internally. Tuesday, Lee said the matter was referred to Vanderbilt's Equal Opportunity and Access (EOA) office, which is the university's standard process for handling reports of discrimination or harassment.
The EOA investigation found Lee was "unaware of the recent racists and antisemitic remarks by rapper Ye, formerly known as Kanye West." Jackson used Ye as an example "to show support for the (original) post's demand for free expression and equality in the treatment of Black and white public figures," Vanderbilt said.
Quickly, the university said, Jackson realized his comments were "misguided and informed."
"EOA determined that while Coach Jackson's comments were hurtful and lacked critical context, they were not discriminatory nor intended to target any group and did not violate Vanderbilt's anti-harassment policy," athletic director Lee said in a statement. "The comments did, however, violate the Electronic Communications and Information Technology Resources policy for staff, which prohibits 'unprofessional communication that could negatively impact Vanderbilt's reputation or interfere with Vanderbilt's core mission.'"
Jackson has remained away from the football program while completing relevant coursework on unconscious bias, inclusion and anti-discrimination, Lee said.
"This is a complex issue, and I understand how it can be difficult for some to accept this outcome. However, I want to be very clear and reiterate: On behalf of the athletics department, I do not tolerate antisemitism in any form, including among our coaches and staff," Lee said in a statement. "Coach Jackson has expressed a desire to go beyond these recommendations to use this mistake as an opportunity to grow personally and help our community to be better. To that end, he will also be meeting with affected student groups and community members and complete antisemitism education to enhance his understanding of their concerns. Although it was not his intent, there is no doubt that by offering support for a celebrity's right to free expression on the heels of offensive remarks, Coach Jackson opened the door for his comments to be interpreted as supportive of the worst of those sentiments. He immediately conveyed his disgust and disappointment about Ye's comments, and he has been deeply remorseful since, expressing an earnest and heartfelt desire to take responsibility for his actions and help to heal any wounds he caused."
Coach Jackson released the following statement in response to the social media policy violation:
"A few weeks ago, I read a social media post made by a lifelong friend whom I've mentored for over 20 years. I interpreted his post as a statement asking for equality and fairness in media coverage of all individuals. Without knowledge of recent actions by the individuals mentioned in the original post, including Kanye West, I impulsively replied. My emotion surrounding mental health and athletes using their voice for positive change were at the forefront of my comment.
After being made aware of discriminatory statements made by West, I was sickened to know that my words could be interpreted as hurtful. For this I am saddened and apologetic. In no way do I support antisemitism or any form of discrimination, nor do I condone any forms of bias.
I have lived my life and focused my career on being a positive light for others to help them become the best versions of themselves. This is who I remain. I am determined to use this experience as a transformative one for myself and those I influence. In the weeks and months ahead, I am hoping to meet with those I have hurt to apologize to them and learn from them.
It is an honor to be a member of Vanderbilt University and this diverse community."
Knoxville: Neyland beer vendor is responsible for unruly fans and should face consequences
The city of Knoxville is seeking to punish Neyland Stadium beer vendor for underage sales.
The city has expanded the scope of its complaint, saying the vendor is responsible for unruly fans.
Knoxville wants at least a 60-days suspension of beer sales by Aramark next season.
The punishment could be more severe, including stripping the vendor's beer license entirely.
The city of Knoxville has fired back at Aramark, saying the University of Tennessee at Knoxville's alcohol vendor is not just responsible for the beer that is poured at Neyland Stadium, but for the behavior of fans.
The stakes in the dispute are high. The city is seeking at minimum to suspend beer sales for three home games in the 2023 season, with the possibility of revoking Aramark's license entirely.
Hearing officer and attorney Loretta Cravens will decide Dec. 19 whether Aramark has a case to strike portions of the city's original complaint, filed in response to three underage alcohol sales at the stadium this season. She will decide then to either set a final hearing to decide whether Aramark's permits should be suspended or revoked − or if no action is necessary.
City: Aramark responsible for 'disorderly' conduct
The original complaint includes allegations that extend beyond the three reported incidents, citing general "disorderly" conduct on game days and incidents that happened under previous Aramark permits.
Aramark filed a motion Nov. 4 to strike portions of the complaint, saying the company "does not control the premises, does not provide security, does not control who may or may not enter University property, and is not authorized to remove or eject patrons from the premises."
The city responded, itself, on Nov. 28, saying the city has sought to suspend beer permits from business owners in other parts of the city when incidents happened on their property, from shootings in parking lots to health violations. It's not all about the beer.
Just because Aramark does not own Neyland Stadium, the city contends, "does not absolve them for responsibility for the premises in which their patrons are drinking." The same goes for Knoxville bar owners who lease space for their business.
"To be clear, Aramark denies without reservation any suggestion by the City that Neyland Stadium or any other UT property is operated in a 'disorderly manner,'" Aramark said its in Nov. 4 motion.
What determines a suspension or a revocation?
The city is citing a report of crimes that have taken place on campus, including Neyland Stadium, as part of its attempt to prove disorderly conduct.
"Certainly some of the information within that report is inapplicable, as the event did not occur within the premises, but the violations mentioned in the Complaint were only violations that were reported to have occurred within the stadium itself," reads the city's Nov. 28 response to Aramark.
In that response, the city says it is not required to prove crimes happened because of alcohol − just that "violations of law" occurred on the premises.
Violations by permit holders can extend beyond law to include "any breach of the peace," according to the city.
If the hearing officer decides Neyland Stadium is being operated "disorderly," the city wants a total revocation. If the "disorderly" definition is not met, the city seeks a suspension of 60 days, with a minimum of three home football games.
Revoking Aramark's permits at Neyland Stadium would prevent the company from acquiring a beer permit at the venue for 10 years, but it would not take away Aramark's permits at other campus venues. Another company could bring beer back to Neyland Stadium with the proper permits, but only after a full year has passed.
Beer means big business and big consequences
If the 60-day ban was to start at the beginning of next season, when Tennessee takes on Virginia in Nashville on Sept. 2, Neyland Stadium would be without beer for the team's first four home games against Austin Peay, UTSA, South Carolina and Texas A&M.
Beer only would be available for the final three games of the year against UCONN, Georgia and Vanderbilt.
The first four home games of last season generated nearly $1.2 million.
Faulty technology was, at least, partially to blame for an underage violation at the Florida game. Aramark shared it has improved that technology to allow for scanning IDs when systems are offline.
The other underage incidents happened at games against Akron and Alabama. All three violations involved minor informants, but these weren't the first incidents at Neyland Stadium since alcohol came into the picture in 2019.
Why the city seeks 'more severe' actions against Aramark
Aramark had previous violations that were wiped clean when the company applied for new beer permits in recent years − one due to SEC policy changes in 2020 and another due to "an expansion of the premises" in July.
The three busts this season brought Neyland Stadium's total violations to 12, including seven that happened under a previous permit at Garth Brooks' concert in November 2019.
Again, Aramark does not believe these facts are relevant in the city's case.
"The Hearing Officer not only has the authority, but the obligation to consider previous sanctions imposed against Aramark, and is expected to 'exercise all available option, including revocation of the permit,'" according to the city's response. "At all times, the applicant for the permit was the same owner and permittee: Aramark Sports and Entertainment Services, LLC."
A suspension/revocation hearing is required after a vendor has three violations in a two-year span. This is standard for any business licensed to sell beer in city limits, no matter the size.
Remedial plans and fines paid by Aramark did not prevent further underage sales, according to the city, which is part of the reason "more severe sanctions" are being requested.
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