The Locker Room Power Dynamic: Sexual Harassment Between Athletes and Athletic Staff

Fear of retaliation is one of the reasons athletes may hesitate to report sports workplace harassment. An athlete may worry about losing playing time, being removed from the team, losing a scholarship, receiving fewer training opportunities, or damaging future collegiate or professional prospects. Others may fear being labeled “difficult,” isolated by teammates, or treated as the problem rather than the person who engaged in the misconduct. These concerns can be especially powerful in close-knit athletic communities where coaches, trainers, administrators, and recruiters may know one another professionally. Retaliation can also be subtle. After reporting misconduct, an athlete might suddenly receive less playing time, be excluded from practices or team travel, receive unexpected negative evaluations, face increased scrutiny, or experience hostility from coaches or administrators. Threats involving scholarships, recommendations, team status, or future opportunities may also raise concerns. Not every negative decision following a complaint necessarily constitutes unlawful retaliation, but timing and changes in treatment can be important. Athletes who report misconduct should consider documenting significant changes in how they are treated and preserving records they are legally permitted to retain, including emails, messages, evaluations, team communications, and scholarship information. Athletic organizations also play an important role in preventing and responding to misconduct. Organizations should have meaningful reporting procedures and appropriately investigate complaints and known safety concerns. Prior complaints or warning signs involving a staff member may become particularly important if the organization knew of potential misconduct but allegedly failed to take reasonable protective measures. Depending on the circumstances, potential civil claims may involve allegations concerning negligent hiring, supervision, training, or retention, as well as failures to appropriately respond to known misconduct. For example, questions may arise about whether an organization adequately screened an employee, properly trained staff regarding professional boundaries, appropriately supervised interactions with athletes, or allowed an employee with known complaints to continue having unsupervised access to athletes. The applicable legal standards depend on the relationship between the athlete, staff member, and organization. In an employment setting, for example, California law can impose liability on an employer for sexual harassment committed by a supervisor, while different standards may apply to harassment by coworkers or nonemployees. That framework does not automatically apply merely because someone is a coach, trainer, or other person in authority over an athlete. Student-athletes and other nonemployees may have claims under different legal theories. For that reason, determining organizational responsibility requires careful consideration of the specific facts and legal relationships involved.

Reporting sexual misconduct can be difficult when the accused person controls important opportunities or has strong relationships within the athletic organization. An attorney can help an athlete understand the available options without requiring them to navigate the reporting and legal process alone. This can include evaluating whether the alleged conduct may constitute actionable sexual harassment, assault, retaliation, or another form of misconduct and identifying which individuals or organizations may potentially bear responsibility. Evidence can be particularly important in these cases. An attorney may help preserve and evaluate text messages, emails, photographs, medical records, team communications, evaluations, and other documentation relating to the misconduct. Athletes should consider documenting inappropriate behavior and complaints in writing when appropriate and preserving records they are legally permitted to retain. Witnesses may also be important. Teammates, coaches, medical personnel, friends, or family members may have observed inappropriate behavior, heard relevant statements, witnessed changes in treatment, or noticed the emotional impact of the misconduct. Prior complaints involving the same staff member may also become relevant when evaluating what an organization knew and how it responded. An attorney can additionally review an athletic organization’s harassment policies, reporting procedures, investigation, and response to determine whether further action may be appropriate. If retaliation follows a report, documenting that conduct may help establish a timeline connecting the complaint with later changes in treatment. Depending on the circumstances, civil claims may allow an individual to seek compensation for emotional distress, medical or counseling expenses, lost scholarships or athletic opportunities, lost income, and other resulting damages. Legal representation can also help ensure that the athlete’s allegations and concerns are clearly documented while protecting their interests throughout an internal investigation or potential civil case.

The physical and personal nature of athletics does not excuse sexual harassment, unwanted touching, sexualized hazing, or other misconduct. Athletes must be able to trust the coaches, trainers, medical personnel, and other professionals responsible for their health and development. Those individuals should never use their positions to exploit, intimidate, pressure, or silence the athletes who depend on them. Athletic organizations should take reports of misconduct seriously, appropriately investigate complaints, and protect athletes who come forward from retaliation. When warning signs or previous complaints exist, an organization’s response may also become relevant to determining potential legal responsibility. Athletes who believe they have experienced athletic staff sexual harassment, locker room sexual misconduct, or other inappropriate conduct should consider preserving relevant documentation and speaking with an attorney about their circumstances. An attorney can help evaluate potential claims, identify responsible individuals or organizations, address retaliation concerns, and explain the legal options that may be available.