Last year, the National Collegiate Athletic Association (NCAA) decided to expand their 2017 enacted “Policy” (the Policy on Campus Sexual Violence). The policy's additions will become active for member colleges and universities for their 2022-2023 school year. The attestation deadline for the added terms is May 15, 2023.
NCAA member institutions are now taking heed of what’s expected to ensure full compliance within this revised Sexual Violence Policy. Any member that fails to comply with the additions will be prohibited from hosting any NCAA championship competitions for the next academic year.
Since 2018, the Policy has required member college and university chancellors or presidents, directors of athletics, and campus Title IX coordinators to annually attest that:
- The athletics department is informed, integrated, and compliant with the following:
- Institutional policies and processes regarding sexual violence prevention; and
- Proper adjudication and resolution of sexual violence and interpersonal violence.
- Policies and processes are readily available within the department and provided to student-athletes, including:
- Institutional policies and processes on violence prevention and adjudication; and
- The name and contact information of the campus Title IX coordinator.
- All student-athletes, coaches, and staff are educated on sexual violence prevention, intervention, and response each year.
The Policy’s expansion now requires member institutions to:
- Collect annual disclosures from all incoming, continuing, and transferring student-athletes related to their conduct that resulted in discipline through a Title IX proceeding or a criminal conviction for sexual, interpersonal, or other acts of violence, and collect the same from transfer student-athletes if a Title IX proceeding related to their conduct is ongoing;
- Take reasonable steps to confirm whether such student-athletes have been disciplined or criminally convicted of sexual, interpersonal, or other acts of violence; and
- If recruiting incoming or accepting transfer student-athletes, have a written procedure that directs its staff to gather information from a former institution about any discipline or criminal conviction relating to any sexual, interpersonal, or other act of violence.
The NCAA does turn to its member institutions when it comes to matters of deciding what constitutes as “reasonable steps” within item 5. The NCAA also does not currently offer any guidance as to the circumstances under which colleges and universities should confirm a student-athlete’s statement that they have not been disciplined through a Title IX proceeding or criminal conviction; they leave this consideration to the member institution. Additionally, the NCAA does not provide any direction if a student-athlete has already been disciplined through a Title IX proceeding, criminal conviction for sexual violence, interpersonal violence, etc. When these instances occur, it is on the member institution to “take appropriate action” in determining the student-athlete’s eligibility to participate.
Contact a Team of Experienced Title IX Attorneys
Athletes and coaches work extremely hard to perform at the highest level while addressing their duties in other areas of life. Yet, because of their unique positions, athletes and coaches face a wide array of issues in today's world that can jeopardize their careers and ability to participate in the sport they love. Claims of sexual misconduct, whether an athlete/coach is the accuser, or the accused, can have career altering impacts. As such, it is critical that you have an experienced attorney on your side throughout. They can provide the counsel you need to ensure that your voice is heard, and that your reputation and rights are protected. For transferring students-athletes with prior disciplinary records, it is imperative to have an experienced attorney by your side who can help you advocate for your continuing eligibility.
At Friedman Nemecek & Long, L.L.C., L.L.C., our team of experienced Title IX and Student Disciplinary lawyers have represented students, faculty members, and coaches across the United States. Our lawyers stay abreast of the constant changes affecting Title IX proceedings and utilize our specialized knowledge, passion, and creative approach to provide aggressive and robust representation in Title IX and Student Disciplinary matters.
Our team of experienced Title IX and Student Disciplinary lawyers have also traveled to colleges and universities across the United States training and educating student-athletes, coaches, and staff on sexual violence prevention, intervention, and response.
If you have questions regarding a student’s rights in Title IX proceedings, have been subjected to, or accused of, sexual misconduct, sexual assault, dating violence, or sexual harassment on campus, or would like more information about our lectures, please call Friedman Nemecek & Long, L.L.C., L.L.C., in Cleveland, OH at 216-928-7700 for a free initial consultation.