Star BYU football player Jake Retzlaff’s fight to be the starting quarterback this fall may require more than athletic performance. In addition to winning on the field, he must now defend himself in a civil lawsuit filed this week, which accuses him of rape. But even a legal victory in court may not be enough—Retzlaff could face an equally challenging battle with BYU’s Title IX office.
What Is Title IX and How Does It Apply at BYU?
Title IX of the Education Amendments of 1972 prohibits sex-based discrimination in education programs and activities that receive federal financial assistance. It states:
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
— U.S. Department of Education
At most universities, the most common complaints under Title IX involve violations of the sexual harassment policy. These are designed to protect both alleged victims of sexual harassment or assault and similarly situated students, ensuring all students can access a safe, federally funded education.
Why Jake Retzlaff’s Case May Not Be a “Title IX” Action
Based on media reports, the anonymous accuser is not a BYU student, and the alleged assault did not occur on BYU’s campus or at a BYU-sponsored event. As such, the university is unlikely to proceed under its traditional Title IX framework.
Instead, BYU would address the complaint under its “Non-Title IX” sexual harassment policy. The key distinction here is procedural:
In Non-Title IX actions, the accused is not entitled to a hearing.
The matter is decided by university “decision makers” based solely on written submissions.
The standard of evidence is “preponderance of the evidence”, rather than the “beyond a reasonable doubt” standard used in criminal courts.
Can BYU Initiate Its Own Title IX Investigation?
Yes. Even if the anonymous accuser does not file a university complaint, BYU’s Title IX policy allows a Title IX officer to initiate a complaint independently if they become aware of conduct that could threaten student safety.
Given the public nature of the lawsuit, it is almost certain that BYU’s Title IX office will begin an internal review. This could lead to disciplinary action even if no criminal or civil liability is established.
Possible Consequences for Jake Retzlaff Under BYU Policies
If Jake Retzlaff is found to have violated BYU’s sexual harassment or student conduct policies—even under the “Non-Title IX” framework—he could face disciplinary action that includes suspension or expulsion.
Even if he avoids consequences from the Title IX office, he may still face a separate proceeding with the BYU Honor Code Office, which operates under its own review standards.
What’s at Stake for BYU Football?
Jake Retzlaff played a key role in BYU’s successful season last year, and many fans expected him to lead the team again this fall. But his ability to compete may now hinge less on football performance and more on legal and administrative outcomes.
In today’s climate, allegations of sexual misconduct—even without a criminal conviction—can significantly impact an athlete’s academic and athletic future.
Conclusion: Legal, Institutional, and Athletic Obstacles Ahead
In summary, Jake Retzlaff’s path to becoming BYU’s starting quarterback is now obstructed by multiple legal and institutional hurdles. He must now navigate a civil lawsuit, a likely Title IX investigation, and potentially a BYU Honor Code review—all before he can return to the field.
Randall K. Spencer has recovered many tens of millions of dollars for his clients related to wrongful deaths, auto accidents, plane crashes, train crashes, semi-truck crashes, motorcycle accidents, slips and falls, and many other incidents caused by negligent acts of others. In his civil litigation practice, Randall has represented business both as plaintiffs and defendants in everything from simple contract or real estate cases to multi-million-dollar business litigation matters. Randall has represented multiple families who have lost loved ones due to medical neglect and other negligent conduct of doctors, hospitals, and psychologists. In Randall’s criminal defense practice, Randall is experienced in trials from Murder cases to speeding tickets and most everything in between. He has handled many white-collar crime matters in both the criminal courts and administrative proceedings.
