Student-Athlete Sexual Violence and Conduct Policy

SOURCE:

PURPOSE

红领巾瓜报 (鈥淲SU鈥�) is committed to the overall well-being and safety of its student-athletes and campus community. WSU fully complies with National Collegiate Athletic Association鈥檚 (鈥淣CAA鈥�) Policy to Combat Campus Sexual Violence (鈥淣CAA Policy鈥�). As a NCAA member institution, WSU is required to have its Incoming, Continuing, and Transfer Student-Athletes complete an Annual Attestation Form (鈥淎nnual Attestation Form鈥�) related to their conduct that resulted in discipline through a Title IX Investigation/Proceeding or a criminal conviction for Sexual, Interpersonal or Other Acts of Violence. Transfer Student-Athletes also must disclose whether a Title IX Investigation/Proceeding was incomplete or pending at the time of transfer.

The purpose of this Student-Athlete Sexual Violence and Conduct Policy is to set forth the applicable definitions under the NCAA Policy and to establish a procedure for gathering information from Incoming, Continuing, and Transfer Student-Athletes related to conduct subject to the NCAA Policy. Information obtained will also be reviewed pursuant to applicable WSU, American Athletic Conference, and NCAA eligibility rules.

APPLICATION/SCOPE

This policy applies to all incoming, continuing and transfer student-athletes who are seeking to participate in NCAA athletics at WSU.

WSU Athletics shall work with the University Title IX Coordinator, and other necessary campus resources, when appropriate, for consultation or assistance in facilitating this policy and assessment of student-athlete eligibility.

DEFINITIONS

Title IX Investigations/Proceedings: Title IX offenses include sexual harassment, sexual assault, sexual exploitation, domestic violence, dating violence, stalking.
Sexual Violence/Misconduct: A term used to include both forcible and non-forcible sex offenses, ranging from sexual battery, sexual assault to rape.
Interpersonal Violence: Violence that is predominantly caused due to the relationship between the victim and the perpetrator, including dating and domestic violence.
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.
Incoming Student-Athlete: A student-athlete (generally a first year) whose participation in the intercollegiate athletics program has been solicited by WSU and will enroll in the next regular academic term.
Continuing Student-Athlete: A student-athlete who has been enrolled at WSU and participates in the intercollegiate athletics program for at least one regular academic term.
Transfer Student-Athlete: A student-athlete who has previously been enrolled as a full-time student at another postsecondary institution and whose participation in the intercollegiate athletics program has been solicited by WSU and who will enroll in the next regular academic term.
Sexual Misconduct Occurrence: When a student-athlete (including prospective, incoming, transferring, and continuing) has been convicted of, pled guilty or no contest to, been adjudicated or found delinquent as a juvenile, to a felony or misdemeanor involving Interpersonal Violence, Sexual Violence/Misconduct, or Other Acts of Violence, or has been disciplined by a university, junior college, high school, prep school, or the athletic department of any of the aforementioned at any time during enrollment at those institutions (excluding temporary disciplinary action during an investigation).

POLICY

In the event of a Sexual Misconduct Occurrence, the student-athlete will not be eligible for athletics鈥� related financial aid or scholarship, practice, or competition at WSU unless granted a waiver through the process outlined below.

ATTESTATION

WSU requires that all its Incoming, Continuing, and Transfer Student-Athletes to complete an attestation annually related to any of their conduct that resulted in discipline through a Title IX proceeding or in a criminal conviction for Sexual Violence/Misconduct, Interpersonal Violence, or Other Acts of Violence. All Incoming, Continuing, and Transfer Student-Athletes must update their response if accused of or charged with a Serious Misconduct Occurrence. Providing false or misleading information may result in ineligibility for athletics participation and athletically related financial aid, as well as discipline under WSU鈥檚 Student Code of Conduct.

PROCEDURE

WSU Athletics鈥� Compliance Office will provide all Continuing Student-Athletes with the Attestation Form annually. All committed/signed Incoming or Transfer Student-Athletes (receiving aid or a walk-on) must complete the Annual Attestation Form. The Annual Attestation Form will be sent to the Incoming or Transfer Student-Athlete in coordination with their financial aid agreement or, as a walk-on, their institutional commitment form. The Annual Attestation Form shall be completed and submitted to WSU鈥檚 Athletic Compliance Office. The Attestation Form will be reviewed before an Incoming, Continuing, or Transfer Student-Athlete receives financial aid, or a walk-on position is finalized.

WSU鈥檚 Athletic Compliance Office is responsible for the collection and initial review of all submitted Attestation Forms. Any Attestation Form that has a 鈥測es鈥� response shall be thoroughly reviewed by a Committee made up of the Senior Woman Administrator, University Title IX Coordinator, Faculty Athletics Representative, Head Compliance Officer, in consultation with the Athletics鈥� Chief Legal Officer. It is the Incoming, Continuing, or Transfer Student-Athlete鈥檚 responsibility to further provide WSU Athletics with the necessary permissions to further review, request, and seek information related to any disclosed Serious Misconduct Occurrence.

Together the Committee will determine whether the Incoming, Continuing, or Transfer Student-Athlete has triggered the policy requirements, in which case the individual shall not be eligible to receive an offer of or receive athletically related financial aid or scholarship, nor shall the Incoming, Continuing, or Transfer Student-Athlete be eligible to practice or compete for WSU unless a waiver is received.

WSU鈥檚 Head Coaches, Assistant Coaches, and staff members of each program will receive continuing education annually regarding the NCAA Policy and must take reasonable steps throughout the recruiting process to determine if an Incoming or Transfer Student-Athlete has been disciplined through a Title IX proceeding, has a pending Title IX proceeding at the time of recruitment, or otherwise has a criminal conviction for Sexual, Interpersonal or Other Acts of Violence.

All WSU Athletics staff will be required to attest that they understand their obligation of reporting to the appropriate campus officer any Title IX proceeding or a criminal conviction for Sexual, Interpersonal, or Other Acts of Violence committed by an Incoming, Continuing, or Transfer Student-Athlete.

WAIVER PROCESS

If an Incoming, Continuing or Transfer Student-Athlete has triggered the policy prohibitions, WSU Athletics Compliance Office shall notify the student-athlete, the sport鈥檚 head coach, the applicable sport administrator, and the Director of Athletics, followed by the issuance of a notification letter to the respective student-athlete that includes:

A copy of this policy;
Instructions on how to file a waiver request with WSU Athletics. The waiver request must be submitted to the Director of Athletics and Head Coach, within ten (10) business days of the Incoming, Continuing or Transfer Student-Athlete鈥檚 receipt of the notification.

The Senior Woman Administrator, Athletics鈥� Chief Legal Officer and Faculty Athletics Representative shall be copied on this letter.

Failure to submit a timely waiver shall be deemed as a determination of a Serious Misconduct Occurrence and the Incoming, Continuing, or Transfer Student-Athlete shall be declared ineligible for athletic aid, practice, and competition.

Within ten (10) business days of the receipt of a timely filed waiver, the Director of Athletics will assemble a Review Panel, which shall include the Senior Woman Administrator, University Title IX Coordinator, Faculty Athletics Representative, and the Head Compliance Officer, in consultation with Athletics鈥� Chief Legal Officer (the 鈥淩eview Panel鈥�). In determining whether to recommend a waiver, the Review Panel may consider the impact on the campus community as a whole; the relevant campus, American Athletic Conference and NCAA rules, regulations and policies; the nature and gravity of the Serious Misconduct Occurrence; recentness of Serious Misconduct Occurrence; if there was a conviction and whether it has been commuted or reversed; the age of the person at the time of the Serious Misconduct Occurrence; evidence of rehabilitation and subsequent good character; character references from previous coaches and school administrators; and whether the specific Serious Misconduct Occurrence may have implications with respect to intercollegiate athletic program participation.

Within five (5) business days of the Review Panel鈥檚 meeting and waiver review, the panel shall make a written recommendation to the Director of Athletics on whether a waiver should be granted. The Director of Athletics shall make a determination within five (5) business days and the Head Compliance Officer shall send the waiver determination to the Student-Athlete, Head Coach, Senior Woman Administrator, and Athletics鈥� Chief Legal Officer.

In considering a waiver, the Student-Athlete may submit any documentation to support their position, including but not limited to police reports, court documents, prosecutor and/or probation officer interviews, character references, student conduct records from the previous institution, or compliance staff member conversation with the transferring institution (if applicable). The Review Panel may request an in-person or remote hearing with the Incoming, Continuing, or Transfer Student-Athlete.

I have read and understand the WSU Student-Athlete Sexual Violence and Conduct Policy

Printed Name: ______________________________

Signature: _____________________________