Student-Athlete Sexual and Other Violence Annual Attestation Policy

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Category Name: Administration and Operations (Compliance)
Responsible Unit: Athletics
Responsible Cabinet Member: VP for EMSA
Adoption Date: 2022-08-04
Last Revision Date:
Last Review Date:

Policy Statement

As a member of the NCAA, SUNY Brockport is committed to developing and promoting a culture on campus that is free from violence - one that values, respects, and defends the dignity of all people and upholds the inherent value of every individual.  The NCAA Board of Governors Policy on Campus Sexual Violence was adopted in 2017 and revised on April 27, 2021, adding new attestation requirements for student-athletes, effective for the 2022-23 academic year.  

Purpose/Scope

Effective academic year 2022-23, NCAA requires that all prospective and current student-athletes disclose annually whether they have been disciplined through a campus or school proceeding or had a criminal conviction for sexual, interpersonal, or other acts of violence. In addition, transfer student-athletes must disclose whether a campus proceeding related to the relevant misconduct was incomplete or pending at the time of transfer. 

Applicability

This policy applies to all student-athletes.

Definitions

Interpersonal Violence — Violence that is predominantly caused due to the relationship between the victim and the perpetrator, including dating violence, domestic violence, sexual assault, and stalking.  

Sexual Violence — A term used to include both forcible and nonforcible sex offenses, ranging from sexual battery to rape. 

Other Acts of Violence — Crimes including murder, manslaughter, aggravated assault, or any assault that employs the use of a deadly weapon or causes serious bodily injury. 

Discipline — Any action that a school takes in a Title IX or similar campus or school proceeding after a student has a final finding of responsibility for any form of sexual, interpersonal, or other act of violence, as defined herein. Discipline may include suspensions or dismissals, as well as informal resolutions based on campus policies and procedures.

Policy Procedures

NCAA Attestation and Disclosure Requirements

NCAA member institutions are required to gather information annually regarding the prior misconduct of any current, prospective, or transfer student, including a graduate student, who seeks to participate in intercollegiate athletics. Specifically, any current, prospective, or transfer student-athlete, including a graduate student, must annually disclose whether they have been disciplined through a campus or school proceeding or had a criminal conviction for sexual, interpersonal, or other acts of violence. In addition, transfer student-athletes must disclose whether a campus proceeding related to the relevant misconduct described above was incomplete or pending at the time of transfer. Failure of any student-athlete to make a full and accurate disclosure may result in penalties, including loss of eligibility to participate in athletics, as determined by the College.

All student-athletes must complete a Student-Athlete Sexual and Other Violence Annual Attestation Form annually, which will be made available to all student-athletes at the beginning of the academic year at the same time that student-athletes complete other annual paperwork required to participate in intercollegiate athletics (e.g., medical forms, NCAA compliance forms).

In addition to completing an Attestation Form, all new student-athletes (including transfers) are required to complete and sign a Statement of Disciplinary Standing. SUNY Brockport will take reasonable steps to confirm whether new (including transfers) and continuing student-athletes have been disciplined through a Title IX/Conduct proceeding or have been criminally convicted of sexual, interpersonal, or other acts of violence.

The Athletics Department will conduct a spot check of 15% of new high school student-athletes, requesting relevant information from the student-athletes’ former high schools, and will request relevant information for all transfer students from their former institutions.  

All NCAA member institutions are required to share 1) relevant disciplinary information and 2) incomplete or pending Title IX/Conduct proceedings when student-athletes transfer or enroll in a new college or university.

When requested, and where authorized under FERPA, SUNY Brockport will share relevant disciplinary information as described above, as well as information about relevant pending proceedings and/or known criminal convictions for sexual, interpersonal, or other acts of violence, to institutions where SUNY Brockport student-athletes transfer.

In accordance with this policy, the Office of Student Conduct and/or Title IX Coordinator will apprise the College’s Athletic Department of any relevant Conduct outcomes that arise for continuing student-athletes.

In addition, SUNY Brockport will conduct criminal background checks of student-athletes, when deemed appropriate, and in those situations, student-athletes may be required to sign a release, allowing the College to request information to determine whether the student-athlete has been convicted of any relevant crimes, as set forth above.

The Student-Athlete Sexual and Other Violence Annual Attestation Form will be made available to all student-athletes at the mandatory compliance meeting held before the start of the season each Fall semester. Forms for all student-athletes, regardless of the season in which the sport is played, will generally be completed by October each year.

All new (including transfer) student-athletes must also sign the Statement of Disciplinary Standing at the mandatory compliance meeting.

The Director of Athletics, or designee, will collect and review all Attestation and Disciplinary Standing forms.

Failure to complete the Student-Athlete Sexual and Other Violence Annual Attestation Form and/or Statement of Disciplinary Standing, where required, or failure to intentionally disclose material information will result in a student-athlete’s inability to participate in intercollegiate athletics at SUNY Brockport.

Committee Review

If a student-athlete was involved in misconduct that resulted in discipline through a Title IX/Conduct proceeding or a criminal conviction for sexual, interpersonal, or other acts of violence, their eligibility to participate in intercollegiate athletics will be reviewed by a committee comprised of the Director of Athletics or designee, Director of Student Conduct, Title IX Coordinator, and Chief of University Police.

Links to Related Procedures and Information

SUNY Brockport’s policies and procedures related to complaints of sexual violence, students’ rights, and the College’s investigative and hearing processes are found at these links:

Code of Student Conduct 2022-2023
NCAA Compliance  (information for potential and returning student-athletes)
Statement of Disciplinary Standing  (all new student-athletes, including transfers)
Student-Athlete Sexual and Other Violence Annual Attestation Form
SUNY Brockport Golden Eagles
Title IX Grievance Policy
Title IX Webpage

Contact Information

Athletic Director

History (in descending order)

Item Date Explanation
Next Review Date 2027-08-04 Five-year review
Adoption Date 2022-08-04 Policy Adopted
Draft Review Date Waived Draft Policy under 30-day Campus Review

Approval

This policy is approved by:

President's Cabinet

2022-08-04

Last Updated 10/14/22