- Where can I find the NCAA policy?
-
The policy is available at ncaa.org/csvpolicy.
- Why/when was the campus sexual violence policy updated?
-
The NCAA Board of Governors annually reviews its policy. The policy was updated in April 2020 to include additional measures (Item Nos. 4 – 6) regarding individual accountability. Subsequent revisions occurred in April 2021 and April 2024.
- What is needed to meet the sexual violence policy requirements?
-
To implement the policy successfully, schools may refer to the checklist for more information about how to develop or improve their procedures.
- What type of education meets the expectations of the policy?
-
The policy allows member schools to determine the types and manner of education provided. The NCAA Sexual Violence Prevention Tool Kit may assist member schools in this effort. The tool kit provides checklists for campus collaboration and educational resources created specifically for student-athletes.
- Which athletics staff members are expected to complete the education requirement?
-
While the policy does not provide a specific definition of staff for purposes of the educational prong and provides institutions the discretion to determine how far to extend their educational efforts (e.g., whether to include temporary workers, consultants or contractors), there is an expectation that all education will meet the requirements of local, state and federal law. All coaches including part-time and assistant coaches, as well as athletics administrators, full-time and temporary, and participating student-athletes are expected to complete the education.
- Who do we contact to obtain further clarification on Item Nos. 4-6 for the annual sexual violence attestation?
-
You should review the FAQ and checklist. Further questions may be directed to webhelpdesk@ncaa.org.
- Will sample questionnaires be available for schools to use for the disclosure process with their student-athletes?
-
No. Each school must develop its own questionnaires if it chooses to use them as part of the disclosure process so that it complies with applicable state and local regulations, as well as institutional policies and procedures. Schools may also consult the sample policies and procedures.
- Will the disclosure requirement be part of the NCAA compliance forms since this is an NCAA requirement?
-
No. Each school will determine its own disclosure process based on campus policies and procedures. More information on the disclosure process and what schools can consider is included in the checklist.
- Does the policy require that schools ask student-athletes to disclose conduct contained in sealed court records (e.g., juvenile records)?
-
As schools develop their policies and procedures for implementation, schools can consider requiring that student-athletes disclose responsive information contained in sealed records.
- What steps should schools take to confirm the veracity of a student-athlete’s form/disclosure?
-
Each school shall determine what steps it will take to confirm the disclosure information received from student-athletes. The checklist includes recommendations for schools to consider. There is an expectation that if a student discloses that they have been disciplined through a Title IX proceeding or criminal conviction, then the school will take appropriate action to confirm that information and determine athletics eligibility.
- Does the policy require that schools ask student-athletes to disclose if they were found innocent or not responsible?
-
No. The policy requires disclosure related to conduct that resulted in discipline through a Title IX proceeding or a criminal conviction for sexual, interpersonal or other acts of violence.
- Must a school require disclosure of every form of sexual misconduct?
-
The policy includes definitions for interpersonal violence, sexual violence and other acts of violence (see below). Schools may also choose to include additional forms of misconduct as part of their disclosure process.
- Interpersonal Violence: Violence that is predominantly caused due to the relationship between the victim and the perpetrator, including dating and domestic violence.
- 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.
- Must schools require student-athletes to disclose informal resolutions for final findings involving sexual, interpersonal or other acts of violence?
-
Yes. Informal resolutions under Title IX or similar campus proceedings that are the result of a final finding of responsibility for sexual violence, interpersonal violence, or other acts of violence as defined by the policy should be disclosed.
- Must schools require student-athletes to disclose interim or supportive measures imposed by a school while allegations are pending?
-
The policy requires that schools ask students about their conduct that resulted in discipline through a Title IX proceeding or a criminal conviction. However, if a student is transferring and leaves the school with an incomplete Title IX investigation, the receiving school should consider requiring that they disclose that incomplete investigation.
- Do Item Nos. 4-6 require schools to conduct criminal background checks of student-athletes?
-
It is up to each school to determine and take reasonable steps to confirm whether incoming, continuing and transfer student-athletes have been found responsible through a Title IX proceeding or criminally convicted of sexual, interpersonal or other acts of violence. For some schools, reasonable steps may include criminal background checks.
- If a school creates an annual disclosure form to include in the beginning of the year compliance paperwork, is it sufficient to only have the student-athlete sign off on the disclosure form?
-
Each school will determine its own disclosure process and can consult the checklist for considerations. Some schools may choose to include a disclosure form in their annual compliance paperwork that includes sign off from the student-athlete.
- Does this policy require schools to gather conduct-related information from high schools attended by incoming student-athletes?
-
If a student-athlete discloses that they were subject to discipline through a Title IX proceeding, or criminally convicted of sexual, interpersonal or other acts of violence while in high school, then the school should take appropriate action to confirm that information, which may include contacting the high school.
- If different states have different laws regarding reporting, how will that impact any disclosure from a student-athlete?
-
Schools should consult with legal counsel and appropriate campus groups to review applicable state laws. Some laws may prevent certain disclosure from student-athletes, while others may not.
- What best practices should schools employ to avoid any legal issues with state laws that may overlay with this policy?
-
The policy is not intended to put schools in jeopardy of violating any laws. Schools should consult with their legal counsel and appropriate campus groups to review applicable state laws. For example, if a state law prevents certain information from being disclosed, then schools in that jurisdiction should take that information into account and abide by it appropriately when creating their applicable procedures.
- Will questions be added to the transfer portal to help gather the new information required under the campus sexual violence policy?
-
No. Schools may consider using the transfer portal or transfer tracers as one possible forum for sharing and gathering information for transfer student-athletes, but it is not required.
- If a student is transferring schools, what responsibilities does the former school have to inform the receiving school about any conduct?
-
If a student is transferring out of your school, you should appropriately alert the proper office on campus (e.g., Title IX or student conduct) so that they may share any relevant conduct information with the receiving school. If the athletics office receives inquiries and questions from the receiving school, they can then direct those questions to the proper office on campus that contains that information. For example, if a receiving school asks any Title IX conduct questions, you should direct that school to your Title IX office on campus to help facilitate the conversation between the two schools’ Title IX coordinators.
- If a student is transferring schools, what does the receiving school have to do to gain information from the former school about any conduct?
-
If you are receiving a transfer student-athlete, you should contact the student-athlete’s former school’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. The student-athlete disclosure process that your school develops should also help yield this information from the transfer student-athlete.
- What would be considered “reasonable steps” in confirming the information provided by incoming, continuing and transfer student-athletes?
-
Each school shall determine what steps it will take to confirm the disclosure information received from student-athletes. The checklist includes recommendations for schools to consider. There is an expectation that if a student discloses that they have been disciplined through a Title IX proceeding or criminal conviction, then the school will take appropriate action to confirm that information and determine athletics eligibility.
- Who is responsible on campus for managing the sexual violence policy?
-
Each school will determine appropriate staff roles for its campus. The checklist includes recommendations for schools to consider on how to allocate responsibilities.
- If a student is under the age of 18, do we need to obtain parental/guardian consent before asking these questions?
-
Schools should follow their established policies and procedures for receiving parental/guardian consent for student-athletes under the age of 18.
- If a student-athlete answers yes to any questions about their conduct, are they prohibited from participating in NCAA sports?
-
No. It is up to each NCAA school to determine athletics eligibility based on the student’s conduct and its campus and conference policies and procedures.
- Do schools need to submit each student-athlete’s completed questionnaire during the annual attestation process?
-
No. However, schools should consider how to track this information per their campus policies and procedures.
- Does the NCAA policy require that schools assess conduct that resulted in discipline through a Title IX proceeding or a criminal conviction for sexual, interpersonal, or other acts of violence that occurred in a particular timeframe?
-
There is not a specific timeframe outlined in the policy for questions related to student-athlete conduct. There is an expectation that student-athletes should disclose all relevant conduct information that resulted in discipline through a Title IX proceeding or a criminal conviction for sexual, interpersonal, or other acts of violence, which will likely include any acts that they committed in high school or college.
- Seeing a question about sexual assault on a questionnaire may cause a student-athlete who experienced sexual violence to possibly relive that trauma – how do we support those student-athletes?
-
Schools should consider making support resources and information available to all student-athletes prior to the disclosure process and throughout annual education. Schools can consult with their advocacy organizations and mental health experts on campus to help provide support for student-athletes that have experienced sexual violence. Student-athletes that have experienced sexual violence do not need to disclose that information as part of the disclosure process and staff should work with the student to provide amended annual education if needed.
- Is there a waiver process if we are not able to meet all policy requirements?
-
No. Schools must annually attest to their compliance with the policy. If a school is not able to attest their compliance, they may submit an addendum outlining why they cannot attest to the Board of Governors for their consideration in their annual review.
- What is the definition of “discipline” per the NCAA policy?
-
Discipline is any action that a school takes in a Title IX or similar campus proceeding after a student has a final finding of responsibility for any form of sexual misconduct. Discipline may include suspensions or expulsions as well as informal resolutions based on a school’s policies and procedures.
- Does the policy specify a deadline for student-athlete disclosure of information?
-
No. Each school must determine the timeline and deadline for the student-athlete disclosure of information. There is a general expectation that the disclosure process occurs consistently for all student-athletes. Schools may decide to add disclosure information deadlines to other existing deadlines on campus, such as information required before practice and competition or before receiving aid.
- Can we use a FERPA or authorization form to obtain necessary information about a student-athlete from their former school(s)?
-
Each school may determine how to utilize FERPA or other authorization forms to obtain information that may require a student-athlete to consent to information sharing.
- When a school is seeking information about a transfer student-athlete and the student-athlete is refusing to sign a FERPA or authorization form for the former school to release information, what are the next steps by the receiving school?
-
The receiving school should follow its established policies and procedures for obtaining information from transfer student-athletes. If the receiving school is unable to obtain information from a former school due to a lack of student-athlete consent/authorization, then it is within the receiving school’s discretion to determine whether that student participates in intercollegiate athletics.
- Can we submit our policy to the NCAA for review?
-
No. Schools may consider engaging subject matter experts on their campus and through their conferences to review their policies and procedures.
- If a student was under investigation at a former school but found innocent or not responsible, does the student-athlete’s former school need to share that information with the receiving school?
-
No. Schools are required to disclose information about a transfer student-athlete related to discipline through a Title IX proceeding or criminal conviction or if there are incomplete Title IX proceedings.
- Is there a penalty for a school for not having written policies/procedures regarding sexual violence prevention and adjudication or for not gathering student-athlete information per those policies/procedures?
-
Schools that do not attest to the NCAA policy will be fined $5,000 (to be distributed to a divisional identified philanthropic organization focusing efforts on campus sexual violence prevention) and listed on the NCAA website following the Board of Governors annual review. .
- What is the definition of a “Title IX proceeding” per the NCAA policy?
-
Schools should interpret “Title IX proceeding” broadly to include traditional Title IX proceedings as defined by the Office for Civil Rights, as well as other conduct-related proceedings that involve forms of sexual violence.
- Should a school disclose information from student discipline proceedings outside of a Title IX process that include instances of sexual violence?
-
Yes.
- What should schools do with disclosure information from student-athletes?
-
It is up to each school to determine the reasonable steps that it will take after obtaining student disclosure information. Schools may consult with their campus partners to develop policies/procedures for its disclosure process.
- If a school has admissions policies that intentionally do not ask questions about prior discipline, how should they go about developing policies/procedures?
-
Schools may consult with their admissions office and general counsel about existing admissions policies and procedures to determine how their disclosure process coexists with these policies. Each school has the discretion to determine whether to allow a student to participate in athletics.
- Will the NCAA policy be updated in light of the evolving Title IX regulations?
-
The NCAA continues to monitor changes to the federal Title IX regulations. The resource documents and recommendations are intended to provide flexibility so schools can continue abiding by the policy even as Title IX regulations evolve.
- Do students enrolled in the 2024-25 academic year need to complete a disclosure?
-
Yes. All incoming, current and transfer student-athletes must complete a disclosure in the 2024-25 academic year so that schools may attest by the November 7, 2025, deadline.