A recent Inside Higher Ed report highlights the move of the University of Virginia's College at Wise to adopt the so-called Tracy Rule barring transferring student-athletes from athletics if they had Title IX sexual misconduct violations at their prior school. The report indicates that UVA Wise is the second school to adopt the Tracy Rule after the University of Texas at San Antonio also recently adopted the rule. Student-athletes, like other college and university students, have always had good reason to fight false, unfair, exaggerated, and unsupported Title IX allegations just to preserve their education. But if the Tracy Rule trend continues, student-athletes will have more reason than ever to fight Title IX charges upfront rather than simply transfer to another school, attempting to leave Title IX findings behind.

Origin and Purpose of the Tracy Rule

The Inside Higher Ed report explains that the Tracy Rule arose after a college student of that name suffered sexual assault by Oregon State University football players. To her credit, the student later formed an advocacy organization that developed and promoted the Tracy Rule as a way to hold colleges and universities accountable for ending sexual assaults on campus, especially by NCAA student-athletes. Under the Tracy Rule, a school accepting a student-athlete on transfer from another school must confirm whether the student-athlete had a Title IX violation or criminal record involving sexual misconduct. If so, then the Tracy Rule would bar the student-athlete from participating in athletics at the new school. The point: no more getting around a Title IX violation by transferring. While only two schools have adopted the Tracy Rule so far, the publicity of those recent adoptions may alone soon spur a nationwide trend. Time will tell.

What to Do to Avoid Tracy Rule Impacts

Student-athletes facing the Tracy Rule or similar school policies should do everything reasonable they can to avoid, defend, defeat, and Title IX charges and findings. The primary action a student-athlete accused of Title IX sexual misconduct should take is to retain a skilled and experienced Title IX defense attorney-advisor. Fight the charge through your school's administrative procedures and appeals with the aggressive and effective representation of a skilled and experienced Title IX college misconduct defense attorney, not a local attorney who doesn't know academic administrative procedures. And if you do suffer Title IX discipline and decide to transfer to another school, appeal at the new school any denial of your request to participate in athletics or other privileges. Get the right help to make the most of your college or university experience, including NCAA athletics.

National Title IX college misconduct defense attorney-advisor Joseph D. Lento and the Lento Law Firm's college misconduct defense team are available to represent NCAA student-athletes nationwide on Title IX and other misconduct charges. Attorney-Advisor Lento has successfully defended hundreds of students on those charges, helping to preserve their education. Call 888.535.3686 or go online now to retain Attorney-Advisor Lento and the Lento Law Firm's college misconduct defense team.