Professor Lauren McCoy materials

Who Governs the Governing Body: Institutional Liability after Nassar

Professor Lauren McCoy (L'09)

Assistant Professor, Kinesiology, Recreation & Sport, Western Kentucky University, Bowling Green, KY

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Professor McCoy received her bachelor in American Studies from Stanford University and her J.D. from Marquette University Law School where she also received the National Sports Law Institute’s Sports Law Certificate and was a co-recipient of the Martin J. Greenberg Award for excellence in the study of sports law.  Before coming to Western Kentucky, she was an Assistant Professor at the University of Wisconsin Parkside.  She has also worked with Hicks Sports Group, LLC, the Milwaukee Bucks, the Law Offices of Thomas P. Stilp, and Marquette Volunteer Legal Services.  Her research focuses on teaching legal issues to non-legal professionals, athlete identity, social media and privacy concerns, and the application of Title IX and sexual harassment on college campuses.  She has published articles in many publications including the Marquette Sports Law Review, the Journal of SPORT, and the Journal of Issues in Intercollegiate Athletics. 

1. Reaction post-Nassar trial – determining who to blame for the failure
   1. Michigan State
   2. National College Athletic Association
   3. USA Gymnastics
   4. United States Olympic Committee

1. Current safeguards
   1. Title IX
   2. NCAA 16 Principles for Conduct of Intercollegiate Athletics
   3. IOC Code of Ethics / USOC Coaching Code of Ethics

1. How effective are these policies?

1. Are these institutions liable?
   1. Immunity Statutes
   2. Changing nature of Title IX and “deliberate indifference”

1. Changes post-Nassar
   1. USA Gymnastics Safe Sport Policy / U.S. Center for Safe Sport Code for the U.S. Olympic and Paralympic Movement
   2. Michigan legislation package (SB 871 – 878)
   3. Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017

1. Who watches the governing bodies?

List of Resources

Governing Bodies and Regulations

• Wisconsin Supreme Court Rules, Chapter 20A - Rules of Professional Conduct for Attorneys (Preamble through 20:1.18
• International Olympic Committee, Code of Ethics
• NCAA, The 16 Principles for Conduct of Intercollegiate Athletics
• NCAA, Board of Governors Policy on Campus Sexual Violence
• U.S. Center for SafeSport, Code for the U.S. Olympic and Paralympic Movement
• USA Gymnastics, Safe Sport Policy
• United States Olympic Committee, Coaching Ethics Code,

Cases and Laws

• Denhollander et al. v. Michigan State Univ.et al., Case No. 17-cv-00029-GJQ-ESC (W. D. Mich. 2017) (complaint from 22 gymnasts against Nassar and others)
• Denhollander et al. v. Michigan State Univ.et al., Case No. 17-cv-00029-GJQ-ESC (W. D. Mich. 2017) (brief in support of defendants’ motion to dismiss).
• Jane Doe v. United States Youth Soccer Association, 8 Cal. App. 5^th 1118 (2017).
• Maroney v. Michigan State University et al., Case No. BC-687396  (Cal. Sup. Ct. 2017)
• Michigan Sexual Assault Legislation, SB 871-878 (passed senate)
• Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017, S. 534, 115^th Cong. (enacted)
• Ted Stevens Olympic and Amateur Sports Act, 36 U.S.C. § 220501 et. seq. (2018)
• Raisman v. United States Olympic Committee et al., Case No. 18-cv-323989 (Cal. Sup. Ct. 2018) (complaint)

Articles and Research

• Thomas A. Baker, Daniel P. Connaughton, James J. Zhang, An Examination of Immunity Statutes Regarding the Liability of Recreational Youth Sport Organizations for the Pedophilic Actions of Coaches, Administrators, and Officials,  5 J. of Research 1 (2010)
• Ellen M. Bublick, Who is Responsible for Child Sexual Abuse? A View from the Penn State Scandal, 17 J. Gender Race & Just. 297 (2014)
• Deborah J. Daniels, Report to USA Gymnastics on Proposed Policy and Procedural Changes for the Protection of Young Athletes
• Catherine A. MacKinnon, In Their Hands: Restoring Institutional Liability for Sexual Harassment in Education, 125 Yale L.J. 2038 (2016)
• Jayma M. Meyer, It’s on the NCAA: A Playbook for Eliminating Sexual Assault, 67 Syracuse L. Rev. 357 (2017)
• Haley O. Morton, License to Abuse: Confronting Coach-Inflicted Sexual Assault in American Olympic Sports, 23 Wm. & Mary J. Women & L. 141 (2016)
• Out of Balance: An IndyStar investigation into USA Gymnastics, The Indianapolis Star
• John Wolohan, Court: Leagues Have a Duty to Shield Youths from Predators, Athletic Business Magazine, May 2017