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Changing The Rules: Why The Current "Actual Knowledge" Sexual Harrasment Standard Doesn't Make The Cut In Athletics, Andrea Ivory
Changing The Rules: Why The Current "Actual Knowledge" Sexual Harrasment Standard Doesn't Make The Cut In Athletics, Andrea Ivory
Vanderbilt Journal of Entertainment & Technology Law
In clear cases of sexual harassment, it is easy and appropriate to punish improper, predatory behavior. In such cases, the victim will be compelled to report the abuse, and the school will be compelled to respond. But the athletic environment occupies the blurry periphery of conduct that violates personhood. Here, in the sports context, intimate contact is routine, whether in heated moments on the field or in the forced companionship on the road. There is an increased risk of sexual harassment because the very environment is characterized by close physical and emotional relationships as well as unequal power relations. Physical …