NCAA argues in sex abuse case it has no legal duty to protect athletes
Olympic high jumper Erin Aldrich was not surprised when she read the NCAA’s latest response to the lawsuit she and two other track and field athletes filed against the organization.
Frustrated, yes, but not surprised.
The NCAA, facing a potential landmark class action lawsuit, said it has no legal obligation to protect student athletes against sexual abuse and harassment, according to a filing in U.S. District Court Northern District of California.
“You don’t expect a coward to come out and take responsibility,” Aldrich said. “They’ve basically responded sadly in the way they’ve responded for years.”
The NCAA in the filing also said it will ask Judge Edward J. Davila in July to dismiss the suit in which Aldrich and former Texas track athletes Jessica Johnson and Londa Bevins allege the NCAA has helped create a national sexual abuse epidemic by choosing not to implement rules or impose sanctions that would require member schools to take steps to prevent and report abuse by coaches and deter perpetrators.
“We aren’t hoping for change here. We are demanding change from the NCAA,” Aldrich said.
Aldrich, Johnson and Bevins allege in the suit filed in March that they were sexually abused and harassed by their coach John Rembao, long considered one of the world’s top high jump coaches.
Rembao, a former SMU head coach and Texas, Arizona, Stanford, and a Cal Poly/SLO assistant, was placed on temporary suspension for allegations of misconduct by the U.S. Center for SafeSport in December.
That abuse was enabled, the women allege, by the NCAA’s failure to establish rules addressing sexual misconduct and thus creating deterrents to sexual abuse and harassment.
“I absolutely feel like they’re selling us out,” Aldrich said. “They’re selling out all athletes by taking this huge step back and not protecting against sexual assault that happened during a time when a student athlete is at an age when it’s an incredibly important developmental time in their life.
“That’s when you need to them to be most present when they’re not.”
While acknowledging that sexual abuse is a major problem on the campuses of its member institutions, NCAA attorneys argue that the organization does not “owe” student athletes a legal duty to protect them.
“Colleges and universities across the country recognize that sexual abuse on their campuses is a serious problem, and the NCAA has supported its member institutions with resources those members can use on their respective campuses to combat sexual abuse,” attorneys wr...
Winter Appeal 2023
To our friends,
2023 has been a long year with many ups and downs for us all. As we close out the year, we at SNAP hope that you are feeling like you are on your way to being healthy, fulfilled, and happy. This past year has brought both successes and challenges. Thanks to the support you have shown in the past, we’ve been able to celebrate the good days and weather the stormy ones. Now, we are once again asking for your support as we work to support survivors new and old as we ‘Move SNAP Forward.’
At SNAP we are proud to have hosted a very well-attended conference in August 2023. This event allowed us to gather friends, survivors, advocates, and allies for a weekend of camaraderie and connection. We were so happy to be able to welcome many first-time attendees to gather in person and are already looking forward to the next conference.
To strengthen our movement for justice, healing, and prevention, SNAP will be expanding our peer support and providing more volunteer opportunities in the coming year. Through this great work, we are ensuring survivor voices are represented as we work for significant change that will benefit children and survivors.
Right now, survivors worldwide are getting the help they need from SNAP, and more and more reach out to us daily, but we need your help to keep those programs going and get our volunteers the training they need to thrive.
Your tax-deductible gift to SNAP can help offset the cost of our important mission. If you are not in a position to contribute, you can still support us by sharing this letter with those who can. As we continue to fight for survivors across the globe, your donation or sharing the great work SNAP does will help us continue our work to protect the vulnerable, heal the wounded, and prevent abuse.
Your donation ensures SNAP will be there for those who need us more than ever!
Warmly,
Michael W. McDonnell, C.P.S.
Interim Executive Director