Raped Cheerleader's Suit Misses Title IX Complaint

By Wendy Murphy

WeNews contributing editor

Wednesday, December 15, 2010

Title IX has been pigeon-holed as a sports-equity law for schools. Wendy Murphy says an unconscionable case of sex harassment against a Texas cheerleader shows how this widespread misunderstanding of the law hinders justice.

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Missing the Connection

If the president of a leading university didn't understand the connection, what are the chances sexual assault victims at other schools even know they have rights under Title IX?

My complaint against Harvard was a success, but the Office for Civil Rights did little to use the case to show the legal power of Title IX to redress sexual assault on campus. This failure of information sharing and education is why victims and parents of victimized students often end up frustrated in their quest for justice.

In the Texas case, the victim's parents are no doubt horrified about what happened to their daughter, not only because of the violence but also because of the responses of a high ranking-school official and a federal judge. What kind of educational or legal system exacts punishment on people trying to achieve justice for a girl who was raped?

When protective institutions have things so backward, it's time for people to rise up. As a former NFL cheerleader, I'd like to see college and professional cheerleaders take a stand in this case.

Cheerleaders claim to be serious women who don't tolerate sexual exploitation and who care about social issues. They should come together in a show of unity and support for the girl in Texas by crossing their arms and turning their backs on the field for one minute--at halftime. Cheerleaders should want to send a very clear message that there's a big difference between cheering for a team and making a hero out of a criminal.

It would be great if guys on the sidelines and in the stands joined in, too.

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Wendy Murphy is an adjunct professor at New England Law/Boston where she teaches a seminar on sexual violence. She's a former sex crimes prosecutor and author of "And Justice For Some." An impact litigator who specializes in violence against women, Murphy consults and lectures widely on sex crimes, violence against women and children and criminal justice policy.

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3 COMMENTS | Login or Sign Up to post comments

"...the responses of a high ranking-school official and a federal judge. What kind of educational or legal system exacts punishment on people trying to achieve justice for a girl who was raped?"
The responses of the judge, and of this school are unconscionable. I wish for the young cheerleader, that the school apologizes to her and to her family, and that the requirement for the family to pay the court cost is reversed! I also wish that that school receives thousands of correspondences from women and men criticizing the school's reactions to this young woman, and demanding that she is allowed to cheer at that school if she wishes to do so. My best wishes go to this young woman and to her family, for loving, successful lives.

Submitted by Dr.Kate (2 years ago)

Thank you for bringing the breadth of protections offered by Title IX to our attention. Sports people jumped on the opportunity because sex discrimination in sport was soooo blantant (I was a Title IX athlete)but, as you point out, the law covers all sorts of things that make an educational setting hostile to women. Kudos to Wendy Murphy and Women's enews!