By Lindy Korn, Esq.
Having represented a few gay athletes, the following observations stem from settlements reached prior to trial for claims of gender and sex discrimination in athletic departments.
Bullying is based on the notion of Power and the abuse of power, either real or apparent. Team sports foster competitive spirit that easily translates into winners and losers, those who perform and get recognized and those who are blamed and shunned. The rituals of the locker room culture are classic and dangerous for the vulnerable athletes who don’t conform.
There are some particular aspects of team sports that create an opportunity for physical assault and gang-like behavior such as:
a. Locker-Room Culture
b. Nudity and Showering
c. Loud voices and accepted use of profanity
d. Social Media applications readily useable
e. Emotional outbursts due to competition results
f. Blocking of ingress and egress
g. No user-friendly method for complaining from the Locker-Room.
In my experience, the quiet athlete who is also small in size compared to fellow teammates fears the risk of bullying which is easily conveyed to the bully star athlete who flaunts his attributes and appears threatening, especially in the locker room.
People who are admired throughout history such as Gandhi have wielded Soft Power. In his autobiography, Gandhi believed restraint was one of his greatest assets, born of shyness:
“I have naturally formed the habit of restraining my thoughts. A
thoughtless word hardly ever escaped my tongue or pen. Experience has taught me that silence is a part of the spiritual discipline of a votary of truth. We find so many people impatient to talk. All this talking can hardly be said to be of any benefit to the world. It is so much a waste of time. My shyness has been in reality
my shield and buckler. It has allowed me to grow. It has helped me in my discernment of truth.” (Gandhi: An Autobiography: The Story of My Experiment with Truth (Boston: Beacon Press, 1957)
Perhaps Gandhi’s notions of Soft Power should be mandatory reading for all members of athletic teams and coaches within Athletic Departments. Respect for different types of stars on a team might yield better success both on and off the field.
The tyranny of team sports and financial backing and recruiting of athletes can lay fertile ground for bullying of anyone who appears different. Thus, to achieve Zero-Tolerance for bullying and hazing, complaint procedures must exist to protect team members and coaches from liability and harm. Creative efforts can be utilized to allow for reporting while away from the team, in a safe place.
The clients I have had the honor to assist, were quiet types who enjoyed the physical activity and chance to excel that team sports provides. These queer athletes ended up demeaned and physically attacked by the bullies who dominated the team.
Perhaps soft power can be a challenge both on and off the field, as a tool for inclusion and respect.
Being Queer and Quiet may result in real POWER!
Lynn King, a third year law student, contributed to this article.
Lindy Korn initially gave this presentation at the Sports and Recreation Law Association annual conference earlier this spring. She adapted the presentation for an article in SLA. She can be reached at lkorn@lkorn-law.com
