Annual Disclosure Requirements for Compliance with the NCAA Board of Governors Policy on Campus Sexual Violence
Definitions
- Interpersonal Violence: “Interpersonal violence,” as defined by the NCAA Board of Governors Policy on Campus Sexual Violence, means any violence that is predominantly caused due to the relationship between the victim and the perpetrator, including dating and domestic violence.
- Other Acts of Violence: “Other acts of violence,” as defined by the NCAA Board of Governors Policy on Campus Sexual Violence, means crimes including murder, manslaughter, aggravated assault, or any assault that employs the use of a deadly weapon or causes serious bodily injury.
- Sexual Violence: “Sexual violence,” as defined by the NCAA Board of Governors Policy on Campus Sexual Violence, means both forcible and nonforcible sex offenses, ranging from sexual battery to rape.
Policy
1. Required Student-Athlete Disclosures
Maryville University (the “University”) requires all incoming and transfer student-athletes to accurately complete an annual Student-Athlete Attestation Form, disclosing any conduct that resulted in discipline through a Title IX proceeding or in a criminal conviction for sexual, interpersonal, or other acts of violence. The University also requires all continuing student-athletes to accurately complete the Student-Athlete Attestation Form on an annual basis, disclosing any conduct that resulted in discipline through a Title IX proceeding or in a criminal conviction for sexual, interpersonal, or other acts of violence. The completion of such disclosures is required before a student-athlete is permitted to practice, compete, and/or receive a University scholarship.
Specifically, student-athletes must disclose the following:
- Whether they have ever been disciplined (including, but not limited to, any sanctions, suspensions, expulsions, and remedies as a result of informal resolutions) through a Title IX or similar campus proceeding for sexual, interpersonal, or other acts of violence;
- Whether they have been convicted of, pleaded guilty, or pleaded no contest to any crime of sexual, interpersonal, or other acts of violence; and
- Whether, if a transfer, a Title IX proceeding was incomplete or pending at the time of transfer.
Students-athletes need not disclose:
- That they have been found “not responsible” or “not in violation” through a Title IX proceeding for sexual, interpersonal, or other acts of violence.
- That they have been found “not guilty” or otherwise had charges dismissed without a conviction in a criminal investigation of sexual, interpersonal, or other acts of violence.
2. Disclosure Schedule
All incoming and transfer student-athletes must submit a completed Student-Athlete Attestation Form to the University prior to participation in any practice or competition and after the student-athlete has signed a University financial aid agreement, submitted a deposit to the University as an admitted student, or received a conditional Athletic Scholarship letter from the University.
All current University student-athletes must annually submit a completed Student-Athlete Attestation Form to the University during the academic year prior to receiving clearance to participate in practice or competition.
3. Information Sharing among NCAA Institutions
In a manner that is consistent with federal and state law, the University is obligated to share information regarding relevant discipline information and incomplete Title IX proceedings as a result of a transfer with other NCAA member institutions when a student-athlete attempts to enroll in a new college or university.
The University will also take reasonable steps to confirm whether incoming, continuing, and transfer student-athletes have been disciplined through a Title IX proceeding or criminally convicted of sexual, interpersonal, or other acts of violence. Through the Disciplinary Request Records Form (For Incoming and Transfer Student-Athletes), University administrators will gather information that reasonably yields information from a student-athlete’s former institution(s) to put the University on notice that the student-athlete left the former institution with an incomplete Title IX proceeding, was disciplined through a Title IX proceeding or has a criminal conviction for sexual, interpersonal or other acts of violence. University administrators may contact the student-athlete’s former Title IX office or other appropriate campus office to inquire about whether or not there is an incomplete Title IX proceeding in process or if there was a finding of discipline for a Title IX proceeding. The information collected during this process may be subject to review by the designated review committee toward making a determination of eligibility.
4. Family Educational Rights and Privacy Act (“FERPA”)
FERPA contains an exception that authorizes institutions of higher education to share education records of students who are applying to transfer to the transfer institution without securing the student’s written consent. Accordingly, University student-athletes seeking transfers to other NCAA member institutions will not be required to sign a FERPA Authorization Form in order for such information to be shared with the transfer institution because such information is excepted under FERPA.
Incoming student-athletes who are under the age of 18 will be required to have their parent sign the Student-Athlete Attestation Form in order for information to be released to the University.
5. Responsive Action
Failure to comply with this Policy may jeopardize a student-athlete’s eligibility to participate in intercollegiate athletics at the University and/or elsewhere, and may result in responsive or disciplinary action by the NCAA and/or the University including, but not limited to, revocation of admission to the University, revocation of a student-athlete’s eligibility for scholarship, removal from the team and expulsion from the University.
Information disclosed consistent with this policy will be reviewed by the Office of Institutional Equity and Compliance (OIEC) or a designated review committee toward making a determination of eligibility. An inability to obtain the information solicited via the Disciplinary Request Form will also be considered during the eligibility review process.
Anyone with questions regarding this policy may contact the following University administrators:
Brittany Fennell
Associate Director of Athletics and NCAA Compliance/Senior Woman Administrator
Simon Center
Phone: 314-529-6308
Email: bfennell@maryville.edu
Dr. Claudia Lyerly
Executive Director of OIEC and Title IX Coordinator
Gander Hall
Maryville University
Phone: 314-529-6721
Email: clyerly@maryville.edu
Last Revised October 2023