FanPost

How Title IX could free Dez Wells...

The discussion of the benefits and repercussions since Title IX's induction are both long and plentiful. And figuring out what the NCAA will or should do in Dez's case has just as many different opinions. What you may or may not know is why these are so firmly linked. Only a fairly recent(<10years) interpretation of Title IX's wording now includes sexual assault on college campuses within its compliance cloud (Meaning-> If someone accused of sexual assault is allowed to remain on campus, then it could deny the educational rights afforded by Title IX). The Department of Education has sent a near 20 page letter outlining the steps all schools must take in response to a sexual assault in order to remain in compliance. The important part of this statement is that Xavier did what every other school would have done, even Maryland, and wasn't necessarily an overreaction by Xavier because of previous infractions of compliance with this law.

Key points in complying with Title IX when dealing with a sexual assault on campus:

  • The school must give immediate support to the victim.
  • The school must not wait or rely on a criminal case to start or proceed.
  • A "due process" is conducted by the school, where a preponderance of evidence is used to make a judgement. This is essentially a focus on the protection of victims because it's the belief that guilty is more likely than not.
  • The school must take appropriate action before and after a ruling is made to ensure the protection of the victim. Therefore, all inconveniences fall on the accused.

As most of these cases will be "he said, she said," do you really expect any school to risk noncompliance and a potential lawsuit from the victim by siding with the accused? There would have to be a landslide of evidence, overwhelmingly in favor of the accused. And with these cases, there's just not that much information most of the time. You can debate whether this is right or wrong, but there's a reason why we afford these concessions to the victim in lieu of the accused-- because they just might be victims.

Here's how this relates to Dez's current situation. Xavier, by complying with Title IX and the protection of an alleged victim had to expel Wells. In fact, to remain in compliance, they cannot re-visit or overturn their decision. Therefore, it doesn't matter if Xavier wants to help Dez or Maryland in this process. No decision by the NCAA contradicts or reflects badly upon one of its member institutions. Also, Title IX now provides a tangible guideline for those who fear precedent could be set for transferring players by allowing his exemption.

Anything deemed inappropriate will be deleted by an admin or moderator with the power to do so. The views of the above FanPost do not represent the beliefs of Testudo Times or Testudo Times' authors, nor are they the work of them.

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