A balancing act NCAA tries to respect all members yet be inclusive

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Connor Griffin wondered if he’d feel like a fish out of water as a gay athlete at a Catholic college. Instead, the freshman swimmer quickly found a home in the chlorinated waters of Fordham University's pool and the catholic attitude of its student body.

Catholic, in its lowercase iteration, means broadminded — and Griffin says he found immediate acceptance when he came out to his new teammates on arrival last summer. Then when he came out publicly months later, he garnered online support from many others he’d never met.

"People want to tell me I’m brave,” Griffin tells USA TODAY Sports. “Coming out as gay isn’t brave, or shouldn’t be. I was born this way. I didn’t choose it. People choose to enlist in the Army. That’s brave. Coming out should just be normal and not a big deal.”

Fordham swimmer Connor Griffin has found a safe haven at a Catholic institution as a gay NCAA student-athlete.

(Photo: Robert Deutsch, USA TODAY Sports)

Except that it is a big deal at many religiously affiliated colleges that see homosexuality as a sin — and that have codes of conduct banning same-sex relations. Freedom of religion allows such schools to operate under their own precepts and beliefs, but gay rights advocates say that doesn’t mean the NCAA must allow membership to schools that enforce these kinds of codes.

"The association is this fascinating, complex entity that has universities and colleges that cover the political spectrum, many of which have religious affiliations,” NCAA president Mark Emmert says. “The association entrusts its board of governors, a group of mostly university presidents, to establish the core principles and values by which they want to conduct college sports.”

Kansas State president Kirk Schulz, outgoing chair of the board of governors, thinks the issue of rights for LGBT athletes at religious schools may be one on which “the NCAA does need to take some stands. But we can’t just do it without some robust internal discussions.”

Freedom of religion is an American value. So is freedom from discrimination. These values clash in so-called religious freedom laws in states such as North Carolina and Mississippi. The same tensions in the broader culture are also found in NCAA core values: One promises “an inclusive culture that fosters equitable participation” for all athletes — and another “respect for institutional and philosophical differences.” The question is how the NCAA balances these values when they conflict.

NCAA director of inclusion Amy Wilson says her organization respects the differing views of its diverse membership while also working with them to promote respect for all athletes. “If an issue arises, we don’t call a school and say, ‘Hey, change your policy,’ ” she says. “We will call a school and try to have an open dialogue.”

That’s not good enough for Cyd Zeigler, co-founder of Outsports.com. “The NCAA wouldn’t tolerate a no-blacks, racist policy,” he says, “but it has no problem tolerating a homophobic policy.”

From left: UMass professor Pat Griffin, Br{ache the Silence's Nevin Caple, National Center for Lesbian Rights' Helen Carroll, NCAA's Jaime Dicks and former Bucknell soccer player Jesse Klug speak at the NCAA's Inclusion Forum in Indianapolis, held April 16-18.

(Photo: Scott Gleeson, USA TODAY Sports)

Title IX famously prohibits discrimination based on sex at schools receiving federal funds. Less well known is that in the 1970s Congress wrote into the law limited exceptions for educational institutions controlled by religious organizations. The U.S. Department of Education's Office for Civil Rights grants exemptions to institutions that request it for specific parts of Title IX whose application “would not be consistent with the religious tenets” of such schools. (For example, divinity schools for faiths with no female ministers or priests can exclude women.)

The Education Department said in 2014 that transgender students are protected by Title IX. Since, dozens of religious schools — mostly smaller and lesser known, and none of the schools mentioned in this story — have asked for waivers that allow them to deny admittance to transgender students. And that has turned into a flashpoint for the NCAA.

Recently more than 80 LGBT organizations wrote a letter to the NCAA urging it to divest membership of religiously affiliated schools that ask for such waivers. “These requests,” the letter said, “are directly in conflict with the NCAA’s longstanding commitment to diversity and inclusion for all people regardless of sexual orientation and gender identity.”

Last month, the NCAA wrote a return letter noting that it plays no role in making waiver decisions or in telling schools whom they should admit. “Our diverse membership comprising over 1,100 schools all serve to educate students while also preserving institutional values,” the letter says, adding it is up to students “to evaluate multiple schools to find one that best meets their needs.”

That sounds a lot like telling transgender students just to choose other schools. Or, in the case of sexual orientation: If you’re gay, stay away.

“It’s weak for the NCAA to suggest you be careful about where you go and not go somewhere where there’s an anti-gay culture,” says Vince Pryor, a gay former TCU football player. “That absolves them of responsibility. The problem is the culture, not the athlete’s decision."

Pat Griffin, professor emerita at the University of Massachusetts (and no relation to Connor), says many gay and lesbian students do not discover their true selves until college. “It’s not a matter of ‘Let the buyer beware,’ ” she says.

The NCAA, asked for a response to that point, told USA TODAY Sports by email that college is a time of personal growth when some students are just realizing their gender identities: “We hope our member institutions will be transparent in stating their mission, rules and policies publicly, which can help when deciding on a school. One of the responsibilities of the NCAA is student well-being. If a student decides he or she wants to make a school change due to a conflict, they have NCAA resources available.”

CLOSE Gary Pine, the athletic director at Azusa Pacific University, discusses the difficult task of finding common ground between religious beliefs and sexual identies.

'Far from black and white' Both sides attempt to find common ground

Baylor, the world’s largest Southern Baptist university, removed a reference to homosexual acts as a “misuse of God’s gift” from its sexual-conduct policy a year ago, though spokesperson Lori Fogleman noted “the policy did not change — the language did.”

Former BYU hoops player Brandon Davies was suspended in 2011 for breaking the school's honor code by having premarital sex with his girlfriend. Addison Jenkins, president of off-campus organization USGA (Understanding Same Sex Attraction), says "homosexuality is a taboo topic" at BYU and there are "no specific resources for LGBTQ/same-sex attracted athletes. This creates a campus culture where homophobic and insensitive attitudes make it difficult to be gay." The school did not respond to inquiries by USA TODAY Sports.

(Photo: Spenser Heaps, AP)

LeTourneau, a Division III school in Longview, Texas, styles itself on its website as “an unapologetically Christian university.” It bans "same-sex dating behaviors" and public support of gay marriage, according to its student handbook.

BYU’s honor code asks chastity of its students but specifically bans homosexual behavior, defined as “all forms of physical intimacy that give expression to homosexual feelings.”

Azusa Pacific, a Division II school near Los Angeles, is an evangelical Christian university that prohibits “romanticized same-sex relationships” as well as sex outside of marriage for any students, gay or straight.

“Everyone’s our neighbor,” Azusa Pacific athletics director Gary Pine says. “It’s not my job to judge or convict them. My job is to walk with them and love them. I do believe it is the Holy Spirit’s job to convict them.”

Griffin and Pine are on the leadership team of Common Ground, which includes members of the faith community and of the LGBT community who work in college athletics. What does Griffin think of Pine’s remarks?

“He’s said the same things to me,” Griffin says. “And I can work with that.”

The point of Common Ground is finding a place where two sides with fundamental disagreements can agree. Griffin, sometimes known as the grandmother of the LGBT movement in sports, says the polarizing public debate that pits religious freedom against LBGT rights results in neither side hearing the other. She says it is important to note that most religious schools are governed by a commitment to respect, safety and fairness for all members of their communities.

Azusa Pacific athletics director Gary Pine says at most universities "you have to know gay and lesbian athletes are competing on your sports teams. As evangelical Christians, we are asked to help others walk with God. A lot of schools are doing the opposite."

(Photo: Courtesy of Azusa Pacific Athletics)

“We reject this conflict model as a way to create the kind of inclusive athletic climates we envision,” Common Ground leadership wrote in an open letter to NCAA members last month.

The group will meet at NCAA headquarters in Indianapolis in November, two years after its first formal meeting. This one is numbered like a Vatican Council — Common Ground II.

“This is a complex issue,” Pine says. “It is far from black and white. We’re talking about two core areas — someone’s sexuality and someone’s faith and relationship with their God. Not everyone is going to be on the same page.”

The Supreme Court ruled almost a year ago that the Constitution guarantees a right to same-sex marriage. “The fact that gay couples can marry opens up more conversations for us, but our policy still stands,” Pine says. “I believe the Supreme Court also will protect our religious freedom.”

Griffin is one of the resource authors of Champions of Respect: Inclusion of LGBTQ Student-Athletes and Staff in NCAA Programs. The report’s religion section focuses mostly on religious expression in the athletics programs of public schools and secular private schools. And what of schools run by religious groups? “That’s a thornier question,” Griffin says.

Douglas NeJaime, a professor at the UCLA School of Law, says there is not a lot of settled law on the issue of LGBT rights at religious schools. He says the schools can argue they discriminate not on the basis of sexual orientation but rather on “failure to comply with their religious mission and norms."

NeJaime says there are clear distinctions between the question of LGBT rights at religious schools and the cases of the Kentucky clerk who declined to issue licenses for gay and lesbian weddings and the vendors who decline to provide services for such weddings.

“The Kim Davis issue is an easy one; she’s a government actor and has to abide by the Constitution,” NeJaime says. “The bakers and florists are an easy one; they’re commercial actors and they have to serve everyone. But when you are talking about religious institutions, that is a more challenging question.”

Time for a change? Are meetings and manuals enough?

Athletes can be dismissed from their teams for same-sex relationships at LeTourneau, according to its student-athlete handbook. Janet Ragland, director of university relations, calls the school “a Christ-centered community that does not discriminate. … All students and student-athletes voluntarily agree to abide by all campus behavioral standards … consistent with our Biblically based theological foundation.”

Gay and lesbian athletes are welcome at Notre Dame, which last year launched an inclusion campaign wrapped in the wider message of Catholicism. “We felt it was important to have the right message on this issue,” says Dennis Brown, vice president for university communications.

Fans gather around "Touchdown Jesus" in South Bend. The university's Pastoral Plan for inclusion references John 4:7-8, which states "anyone who fails to love can never have known God, because God is love."

(Photo: USA TODAY Sports)

Much of the momentum for this came thanks to former Notre Dame tennis player Matt Dooley, who came out to teammates in 2013 and publicly in 2014. He is part of a campaign video that features athletics director Jack Swarbrick and athletes from every men’s and women’s team.

The NCAA says several religious schools, which it declined to name, have reached out in the last year to ask for guidance on their policies and codes of conduct. Wilson, the director of inclusion, says the NCAA offers examples of schools — religious and not, including Notre Dame — with supportive policies and safe environments for LGBT athletes.

“The NCAA puts out manuals and has inclusion meetings,” says Zeigler, the LGBT activist. “Yet none of these approaches stop an NCAA program from having anti-gay athletics policies.” He says it is time for the NCAA to forbid member schools from discriminating against LGBT athletes, giving such schools a choice of changing their policies or having their membership revoked.

The NCAA enacted a policy banning “hostile and abusive” mascots, nicknames or imagery at NCAA championships last decade. Might it consider a policy against hostile environments for gay and lesbian athletes?

“The association has over the decades taken various stances on a number of issues,” says Emmert, the NCAA president, “whether it’s the confederate (battle) flag issue or Native American mascots. … As we continue to move through this very complex landscape of various types of rules and policies around LGBT rights, we’re going to continue to talk to the membership to see where they want to be. … We are going to take our lead from the board (of governors) and act accordingly.”

Schulz, chair of the NCAA board of governors, expressed willingness to take up the issue.

“I really liken it to some of the issues in the deep South for African American student-athletes going back to the 1960s,” he says. “We can look back now and say, ‘I can’t believe these teams weren’t playing each other because they had African-American basketball players.’ We can look back now and say, ‘That is unfathomable.’

“I’m not so sure that we wouldn’t look back in 20 or 30 years and say the same thing about some of our LGBT athletes. … We need to talk about it, but at the same time the NCAA has a powerful bully pulpit. And if we talk about inclusivity, I think it’s important that we take a stand on these social issues.”

CLOSE Cyd Zeigler of Outsports.com discusses the harmful effects of religious policies for LGBT student-athletes.

'A university for all of us' When love conquers differences, tension

Griffin, the Fordham swimmer, remembers the day during his junior year in high school in Charlotte when a nun spoke at a school assembly and condemned homosexuality, calling it a matter of choice. He says it felt as if the gym walls were closing in on him.

“Could I be gay?” he wrote in a first-person piece for Outsports in January. “Yes. Yes, I could. It was in that moment, sitting in that assembly listening to that speaker, that I realized my own truth.”

Fordham swimmer Connor Griffin has found his internal peace.

(Photo: Robert Deutsch, USA TODAY Sports)

It took some weeks for him to admit his truth to himself and then share it, finding acceptance from family and friends. But he didn’t believe he’d ever find acceptance in the world of team athletics.

“I was ready to move on from swimming,” he says. “It wasn’t in me anymore.”

Griffin was accepted at Clemson, which has no swimming team, and paid a deposit to hold his place. He’d also been accepted at Fordham and one day decided to call the swimming coach, then paid a visit. He found he loved it there. Fordham styles itself as “a university for all of us” — and specifies sexual identity among the sort of diversity it welcomes.

Rev. Joseph McShane, Fordham’s president, declined interview requests, instead releasing this statement through a school spokesman: “Both Fordham and I are proud of Connor, and of the supportive way he has been embraced on campus, especially by his teammates.”

Griffin got more than 300 emails after coming out publicly and he says 97% were supportive. The other ones called him ignorant or worse. “One said I only surrounded myself with people who think like I do,” he says. “Well, I went to a Catholic high school in the South and I’m gay. Trust me, I ran across lots of other opinions.”

Griffin offers one of his own on religiously affiliated schools that shun students like him.

“When people say, ‘You can’t go to school here because you’re a certain kind of way,’ ” he says, “I think that’s their loss.”

CLOSE USA TODAY Sports' Scott Gleeson with the exclusive story of Bryant University's Chris Burns, the first openly gay Division I men’s basketball coach.

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Cover photo illustration by Greg Hester, USA TODAY