Sunday, August 23, 2026

A Disturbing Loophole

  • The NCAA’s investigation into Baylor found disturbing instances where the athletic department failed to report allegations of sexual assault.
  • But the NCAA has no rules for how schools should address sexual assault cases — and therefore, no way to punish Baylor for these actions.
Photo: Stephen Lew-USA TODAY/Design: Alex Brooks

When it comes to one of the largest issues on college campuses — and in college sports — the NCAA has no system of accountability.

The NCAA’s Committee on Infractions investigated the culture of sexual assault within Baylor Athletics that culminated in a 2016 scandal, and the report illustrated a disturbing reality beyond the report’s findings: The NCAA has no rules for how schools should address sexual assault cases — and therefore, no way to punish a school that mishandles them.

“Baylor admitted to moral and ethical failings in its handling of sexual and interpersonal violence on campus but argued those failings, however egregious, did not constitute violations of NCAA rules,” the report read. “Ultimately, and with tremendous reluctance, this panel agrees.”

The governing body found a few other ways to punish Baylor for recruiting violations and impermissible benefits. 

The Findings

The committee’s report detailed several allegations of sexual assault or violence made against football players and how football coaches didn’t properly report them. 

Former head coach Art Briles “failed to meet even the most basic expectations of how a person should react to the kind of conduct at issue in this case,” the report said. (Briles’ attorney said in a statement the report “completely exonerated” him.)

When the committee realized that it had no bylaws with which to directly punish Baylor, it went in a different direction. It asked whether athletes received extra privileges when their coaches shielded them from investigations — something normal students wouldn’t get.

The NCAA’s discovery? Because this toxic culture existed throughout the entire student body, athletes weren’t getting any more protection than anyone else.

The committee was only able to hand down punishment for one issue related to sexual assault: Baylor’s use of a mostly female group tasked with helping recruiting events, the “Baylor Bruins,” constituted a recruiting violation. 

Baylor’s former Title IX coordinator said the Bruins were “at the disposal of players in a very inappropriate way,” the report said. 

NCAA’s Remorse?

During a press call, FOS asked infractions committee chairman Joel Maturi if they should have authority in the future to punish schools for mishandling sexual assault. 

“I think the seven members of the panel believe that there should have been, or could have been, an avenue for us to address this,” Maturi said. But he noted schools themselves vote on NCAA bylaws — so “it’s up for the membership to decide.”

This field is for validation purposes and should be left unchanged.

Sign up for
The Memo Newsletter

Get the biggest stories and best analysis on the business of sports delivered to your inbox twice every weekday and twice on weekends.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Appeals Court Pauses Fifth Year of Eligibility Order

An appeals court has yet to make a final decision.
LSU Tigers head football coach Lane Kiffin talking with Quarterback Husan Longstreet 8 at LSU Football practice. August 18, 2026.

College Football Landscape Fueled by New Off-Field Drama

Five major storylines are shaping college football’s new business landscape.

Judge: Players Can Go From NFL Training Camp Back to College

The ruling stemmed from a lawsuit challenging the NCAA’s new eligibility model.
Jan 18, 2025; Atlanta, GA, USA; Greg McElroy during 2025 CFP National Championship Media Day at Georgia World Congress Center, Building A. Mandatory Credit: Kirby Lee-Imagn Images

Greg McElroy Talks SEC vs. Big Ten Debate, Next Top Coaches

The ex-Alabama QB is entering his 13th season with ESPN.
podcast thumbnail mobile
Front Office Sports Today

8/21/26 – Jeanie Buss’s Ownership Battle, US Open’s Record Purse, Harden Hits $500M

0:00

Featured Today

Soccer Football - Premier League - Arsenal v Burnley - Emirates Stadium, London, Britain - May 18, 2026 Arsenal's Kai Havertz scores their first goal past Burnley's Max Weiss

Why the Premier League’s Star-Power Shortage Doesn’t Matter

The world’s richest soccer league doesn’t rely on big stars to dominate.
August 12, 2026

Trendy Golf Hat Divide Is More Than a Fashion Fight

As golf has gotten trendier, so has the sport’s style.
Joey Spallina of the Maryland Whipsnakes
August 6, 2026

How Eye Black Became ‘War Paint’ on the Field

“You’re going into battle, doing something you only do on game days.”
August 6, 2026

Tom Brady Explains His Aggressive Push Into Trading Cards

Brady talked to FOS about his eponymous card company.
FILE PHOTO: Cricket - Indian Premier League - IPL - Mumbai Indians v Chennai Super Kings - Wankhede Stadium, Mumbai, India - April 23, 2026 Mumbai Indians' Suryakumar Yadav in action
August 5, 2026

India Is Stealing Cricket’s Throne From England and Australia

India’s insatiable appetite for cricket has shifted the traditional locus of power.
Nov 6, 2023; Tuscaloosa, Alabama, USA; Alabama guard Kai Spears (32) a walk on guard, takes a three late in the game at Coleman Coliseum. Mandatory Credit: Gary Cosby Jr.-USA TODAY Sports

New York Times Loses $9.25M Defamation Verdict to Ex-Alabama Player

The outlet called the inaccurate report “an honest mistake.”
Oct 6, 2025; Charlotte, NC, USA; SMU player Kyla Deck answers questions from the media at The Hilton Charlotte Uptown.
August 19, 2026

SMU Women’s Basketball Player Sues NCAA Over Transfer Restrictions

It could set a precedent for more challenges to NCAA transfer restrictions.
Emory Eagles guard Ben Pearce (10) passes around Mary Washington Eagles forward Jay Randall (11) on Sunday, April 5, 2026, during the NCAA DIII men's basketball championship game at Gainbridge Fieldhouse in Indianapolis.
August 20, 2026

Division III Basketball Star Sues NCAA for 5th Year of Eligibility

If the case is successful, thousands more NCAA athletes could receive eligibility.
Sponsored

Saints Great Turns to Ownership

Marques Colston discusses his Champions Fund launch and finding success after football.
First at FOS
August 17, 2026

Snapback Sports Gets Patch Deal With Sam Houston State, With Perks

It’s just the second patch deal secured by a Conference USA school.
Exclusive
August 14, 2026

Tarleton State Wants to Jump to the FBS

The Texans are having conversations about how to reach the next level.
August 13, 2026

Jayden Daniels Sets Off Firestorm at LSU Over Jersey Number

The Commanders quarterback sent LSU a cease-and-desist letter for using his NIL.
First at FOS
August 13, 2026

Illinois’s $30M Busey Bank Deal: Exec Road Trips, Player Job Pipeline

The jersey patch deal is part of an overall $30 million sponsorship.