One might think that sex is a personal, perhaps sacred, ritual that deserves to be kept private.

But when Brigham Young University basketball starter and center Brandon Davies confessed to school administrators that he had sexual intercourse with his girlfriend, the news not only became public, but BYU also kicked Davies off the varsity basketball team. Ostensibly, this may seem like a clear-cut case of a school over-regulating students’ personal activities; but, legally, the university has a right to. BYU, a private university located in Provo, Utah, requires all of its students, to sign its honor code. Davies was no exception, and rightly so.

The honor code, which specifies the university’s devotion to “those moral virtues encompassed in the gospel of Jesus Christ,” prohibits behavior including but not limited to: drinking alcoholic beverages, tea or coffee; homosexual behavior; wearing sleeveless, formfitting or otherwise revealing clothing; sporting a beard; closing dorm rooms during established visiting hours in which the opposite sex is present; and, of course, premarital sexual relations. Davies’ sex act clearly violates this code.

The whole incident might never have been news if Davies had not confessed his “sin” to the BYU administration, perhaps out of guilt . Upon doing so, Davies lost his position on the basketball team.

Yet, Davies was no ordinary player on the court, and the BYU Cougars, seeded third in the Southeast Conference of the NCAA Division I and now a contender for the national championship, are no middle-of-the-road team. The Cougars have amassed 32 pre-tournament wins, including two victories over No. 2 San Diego State Universty, while losing only four games, half of which were suffered without Davies. BYU was hoping to be seeded first in the NCAA Division 1 tournament beginning March 15; however, without Davies, the Cougars fell to San Diego State in the final game of the Mountain West Conference Tournament.

Key to BYU’s offensive powerhouse is Jimmer Fredette. Fredette, averaging over 28 points per game, has been named Mountain West Conference Player of the Year, and is in the running for the most prestigious award in basketball: the James Naismith Player of the Year award. It can be argued that Fredette’s performance is, in part, contingent upon the work of his big men in the paint. Davies was Fredette’s top big man.

Averaging 11.6 points per game and 6.2 rebounds, Davies served as the primary post threat for the Cougars, according to former Wyoming head coach Heath Schroyer.

“Not having Davies in the post to offset Jimmer will hurt them,” Schroyer told ESPN, referring to Davies’ effect on the offensive lineup.
Schroyer’s prediction proved to be right. BYU was unable to fend off San Diego State, a team that they had beaten with Davies on the court. Although Fredette put 30 points on the board, witout Davies in the post, he couldn’t get the job done.

BYU is not giving up yet, as the Cougars have advanced to the Sweet Sixteen. Yet regardless of how far BYU may go, skeptics may continue to assert that the Cougars “could have gone further” with Davies on the court. At this point, their only vindication would be through a clean sweep of the NCAA tournament, taking home the first place trophy back to an eager, basketball-loving college populace.

At BYU, basketball is an incredibly popular sport and thouroughly integrated into the university’s culture, 2010 Paly alumnus and current BYU student Ethan Black said.

“Basketball is huge here,” Black said. “Imagine a stadium hundreds of seats bigger than Maples Pavilion [Stanford’s basketball stadium], and people still can’t get in!”

Students camp out overnight in front of BYU’s Marriott Center prior to games, according to Black. Surprisingly, with BYU’s chances of NCAA glory potentially shattered, Black is neither mad at the BYU administration nor Davies. Instead, he is frustrated.

“He didn’t have to come to BYU,” Black said referring to Davies, who was also being recruited by schools without honor codes, such as Utah, Gonzaga, Cal Berkeley and Santa Clara. “But, I’m not happy with the decision [to cut Davies from the team].”

The student body shares Black’s frustration.

“Brandon Davies confessed because he felt guilty,” Black said. “Most people say the whole situation is stupid.”

Sex, basketball and the Church of the Latter Day Saints: these are the perfect ingredients for a controversial story. Thus, the private sex act between a young adult and his girlfriend becomes national news.

Although this is the nature of a democratic society where the press’ right to observe and report is protected, it is sad to see that such a talented student-athlete will have a shadow cast over his every action for the rest of his life, regardless of whether he continues to pursue basketball in the years to come.

I believe that BYU acted within its rights as a private school, despite the unfavorable results of its actions. Like Black said, Davies did not have to come to BYU. He signed the commitment to uphold the honor code, and chose to be a part of an American religious institution with constricting, finite laws regarding sex. That was his choice. But, in choosing to violate the honor code and then, remarkably, confess his violation, Davies baited his line, and threw it into the shark infested waters that are the modern media.

If there is no hope for the preservation of Davies’ privacy, there is still hope for Davies’ basketball career. Davies’ suspension only spans one season. Maybe, if he decides to abandon all honor in favor of personal liberties, he can apply for a transfer to BYU’s biggest rival, Utah. I’m sure they would be more than happy to accommodate him.

BYU will suit up against Florida 7:27 p.m., March 24, in the Sweet Sixteen, without Davies.

Editor’s note: Brigham Young University is in the Sweet Sixteen, not the Elite Eight. The current version of the story reflects this correciton.