Baylor has announced that Art Briles has been suspended with the intent to fire. Baylor hired an outside law firm to investigate allegations that the University didn’t take proper actions when there were reports of sexual assaults committed by football players. If the NCAA ever had a case to invoke the Death Penalty, here it is. It’s here on a platter for the NCAA to show the world that their existence is about more than just making money and giving coaches multi-million dollar contracts.
Art Briles isn’t the only person who is in the crosshairs of the University and its community. Reports are Kenneth Starr, best known for being the prosecutor who investigated Bill Clinton’s sexual relationship with Monica Lewinsky, will be reassigned from University President to Chancellor and, athletic director, Ian McCaw will be placed on some type of probation. Dr. David Garland will fill in for Starr until a permanent replacement is identified.
This isn’t the first time a Baylor head coach has been involved in a high profile scandal. In 2003, Dave Bliss was the basketball coach when Patrick Dennehey was murdered and even though, there were tapes that indicated Bliss tried to obstruct justice, he was never charged. Bliss resigned but the NCAA levied a 10 year Show Cause penalty and sanctioned the Bears as harsh as any program since SMU’s Death Penalty.
Baylor’s football program is your classic case of winning trumps all. Prior to hiring Briles, Baylor football had been bottom feeders since the conference transitioned from the Big 8 to the Big XII. From 1996-2007, the Bears never won more than 5 games total and never finished higher than 5th in the Big XII South.
In came Briles and his high powered offense. After a combined record of 15-22 in his first three seasons at Baylor, the program took off. In four of the next five seasons, Briles led the Bears to at least 10 wins. Everything was pointing in the right direction for the Bears on the field but, while that had many Baylor alums happy, things off the field were going in the opposite direction.
According to reports, several Baylor football players have been part of sexual assault allegations. Richard Willis, chair of the Baylor Board of Regents, said the “investigation revealed the University’s mishandling of reports in what should have been a supportive, responsive and caring environment for students”. In other words, the University putting winning football game on Saturday above everything else.
Pepper Hamilton LLP handled the independent report that spanned from 2012-2013 to 2014-2015. The findings were damning to Baylor University as a whole. The report concluded that Baylor’s implementation of Title IX guidelines were “ad hoc” with a “lack of institutional support and engagement by senior leadership”. The independent report also showed the extent that the University was willing to go to cover up sexual assaults.
“Pepper found specific failings within both the football program and Athletics Department leadership, including a failure to identify and respond to a pattern of sexual violence by a football player, to take action in response to reports of a sexual assault by multiple football players, and to take action in response to a report of dating violence.”
This is where the NCAA should show some teeth and levy a ten year penalty to Baylor’s football program. The first two years the University’s football program wouldn’t be eligible to participate in any games. In year’s three and four, they would only be able to play conference games and a 50% reduction in scholarships. Over the next six years the reduction in scholarships would continue in a sliding scale fashion. In year five of probation, Baylor would have 55% of their scholarships and by year ten they would be back up to 90% of their scholarships. Providing that there are no new allegations or violations, they will return back to 100% in year 11.
Sexual assault should be at the top of the list of every University’s nightmare scenarios. There is nothing worst on a campus than your student body feeling like they are preyed upon in any fashion. The NCAA members need to back up its mission and represent the University community not just the athletic community. It is supposed to be there for the students as well as the student athletes.
Right now, the rules that govern the NCAA all involve a financial tie. Anything that threatens the maximization of the profitability of the NCAA members is a violation. You want to be what you say you are? Here’s your chance. The chair is over there. Strap Baylor’s football program in it and pull the lever.
Follow Marcus “Mook” Washington on Twitter: @mtcwithmook
