Annual Disclosure Requirements for Compliance with the NCAA Board of Governors Policy on Campus Sexual Violence
Purpose
The
NCAA Board of Governors Policy on Campus Sexual Violence outlines the disclosures required of all incoming, continuing and transfer student-athletes. In 2020, the NCAA Board of Governors adopted an Association-wide policy addressing campus sexual violence for member institutions (the “NCAA policy”). The NCAA policy requires member institutions to have a written policy directing staff to gather certain information related to incidents of the conduct defined above from student-athletes.
Scope
This policy applies to all student-athletes.
Definitions
A. Interpersonal Violence: "Interpersonal violence," as defined by the NCAA Board of Governors Policy on Campus Sexual Violence, means violence that is predominantly caused due to the relationship between the victim and the perpetrator, including dating and domestic violence.
B. Sexual Violence: "Sexual violence," as defined by the NCAA Board of Governors Policy on Campus Sexual Violence, means both forcible and non-forcible sex offenses, ranging from sexual battery to rape.
C. 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.
Policy
1. Policy Statement
The University is committed to creating and maintaining an living and learning environment free from discrimination based on sex, including Sexual Harassment and Sexual Misconduct, as defined in the
University’s Student Policy Prohibiting Discrimination and Harassment (1-120) and the
Sexual Misconduct Procedure (6940)The University will take all appropriate steps to eliminate prohibited conduct, prevent its recurrence, and address its effects.
Questions related to Sexual Harassment and Sexual Misconduct should be directed to:
Brittany Medio, Esq.
Interim Title IX Coordinator
Stockton University
L-214
101 Vera King Farris Drive
Galloway, NJ 08205
Brittany.E.Medio@stockton.edu
oeoic@stockton.edu
609-652-4693
To File a Report: Visit this webpage:
https://stockton.edu/respect/file-report.html.
- Student-Athletes of Stockton University
All student-athletes must complete a disclosure form annually concerning any prior conduct that resulted in discipline through a Title IX/sexual misconduct proceeding or a criminal conviction for sexual, interpersonal, or other acts of violence. Student-athletes also must disclose whether a Title IX/sexual misconduct proceeding, in which they are the Respondent, was incomplete at their former institution at the time of transfer to the University. A student-athlete’s failure to accurately make a full disclosure could result in penalties, including loss of eligibility to participate in athletics as determined by the University and/or the NCAA.
All student-athletes will complete and submit an electronic form annually to the University. The information will provide the University knowledge of whether the student-athlete left an institution with an incomplete Title IX/sexual misconduct proceeding, has been disciplined through a Title IX/sexual misconduct proceeding, or has a criminal conviction for sexual violence, interpersonal violence, or other acts of violence.
The University will collect disclosure forms annually from all student-athletes to determine whether the student-athlete left an institution with an incomplete Title IX/sexual misconduct proceeding, has been disciplined through a Title IX/sexual misconduct proceeding, or has a criminal conviction for sexual violence, interpersonal violence, or other acts of violence.
If a student-athlete discloses that they left their prior institution with an incomplete Title IX/sexual misconduct proceeding or were disciplined through a Title IX/sexual misconduct proceeding, the University will require that student-athlete to sign a FERPA release enabling the University to obtain information related to the Title IX/sexual misconduct proceeding. If a student fails or refuses to sign such a FERPA release, the student will be subject to all University policies and may be deemed ineligible to compete at the University as a student-athlete.
- Former Stockton University Student-Athletes Applying or Transferring to Other Institutions
If another educational institution contacts the University about a student-athlete that was previously enrolled at the University, the University will, in a manner consistent with federal and state law, disclose information related to that individual’s involvement in any Title IX/sexual misconduct disciplinary processes that involved sexual violence, interpersonal violence, or other acts of violence.
2. Required Student-Athlete Disclosures
Stockton University (the "University") requires all incoming and transfer student-athletes to accurately complete a 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, as well as a Statement of Disciplinary Standing and FERPA Release (For Incoming and Transfer Student-Athletes). The University also requires all continuing student-athletes to accurately complete the Student-Athlete Attestation Form, 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 may be required before a student-athlete is permitted to practice, and compete.
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.
- That they are currently under investigation in a Title IX proceeding for sexual, interpersonal, or other acts of violence unless it was pending or incomplete at the time they transferred.
- 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.
3. 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, competition or team meetings after the student-athlete has signed a University financial aid agreement, submitted a deposit to the University as an admitted student.
All current University student-athletes must annually submit a completed Student-Athlete Attestation Form to the University during the academic year.
4. 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 Statement of Disciplinary Standing and FERPA Release (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 Title IX office or other appropriate campus office to inquire about whether there is an incomplete Title IX proceeding in process or if there was a finding of discipline for a Title IX proceeding.
5. 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 accepted 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.
6. 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.
Anyone with questions regarding this policy may contact the following University administrators:
Kathleen Womelsdorf
Associate Director of Athletics for NCAA Compliance & Student-Athlete Success/
Senior Woman Administrator
Sports Center 303b
Stockton University,
101 Vera King Farris Drive
Galloway, NJ 08205
Phone: 609-652-4875
Email:
Kathleen.Womelsdorf@stockton.edu
Brittany Medio, Esq.
Interim Title IX Coordinator
L-214
Stockton University
101 Vera King Farris Drive
Galloway, NJ 08205
Phone: 609-652-4693
Email:
Brittany.E.Medio@stockton.edu
7. Attestation Forms
Freshmen/First Year and Transfer student-athletes are required to provide ALL previous institutions (within the past five years) with school official contact information.
