Frequently Asked Questions (FAQ)
The NCAA Board of Governors annually reviews their policy. The policy was updated in April 2020 to include additional measures (items 4 – 6) around individual accountability.
To implement the policy successfully, schools can refer to the checklist and corresponding timeline for more information about how to develop or improve their procedures. Each school must complete their annual attestation that they have met the new policy requirements beginning in the 2022-23 academic year.
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, volunteer and assistant coaches, as well as athletics administrators full-time and temporary, and participating student-athletes are expected to complete the education.
- Items 1 – 6 of the policy will first be attested to in the 2022-23 academic year by the May 15, 2023 deadline.
- Policy items 1 – 3 will be attested to in the 2021-22 academic year by the May 15, 2022 deadline. Schools may implement the expanded policy items prior to the 2022-23 academic year if they so choose.
You can consult the FAQ, checklist, and timeline. Further questions may be directed to questions@ncaa.org.
No. Each school must develop their own questionnaires if they choose to use one as part of the disclosure process so that they can comply with applicable state and local regulations, as well as their institutional policies and procedures. Schools may also consult the sample policies and procedures provided.
As schools develop their procedures for implementation, schools can consider requiring that student-athletes disclose responsive information contained in sealed records. In deciding whether to require such disclosure, schools should consider the fact that it is unlikely a school will be able to verify information contained in sealed records.
No, the policy requires disclosure related to conduct that resulted in discipline through a Title IX proceeding or in a criminal conviction for sexual, interpersonal or other acts of violence.
The policy includes the following definitions for interpersonal violence, sexual violence and other acts of violence. 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.
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.
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 would require that they disclose that incomplete investigation.
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.
Each school will determine their own disclosure process and can consult the checklist and timeline for considerations. Some schools may choose to include a disclosure form in their annual compliance paperwork that includes sign off from the student-athlete.
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.
Not at this time. Schools may consider using the transfer portal or transfer tracers as one possible form for sharing and gathering information for transfer student-athletes, but it is not required.
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 school inquiry about any Title IX conduct questions, you should direct that school to your Title IX office on campus to help facilitate that conversation between the two schools’ Title IX coordinators.
If you are receiving a transfer student-athlete, you should contact the former school’s 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 student-athlete disclosure process that your school develops should also help yield this information from the transfer student-athlete.
PVAMU will request parental consent for students under 18 prior to the completion of the disclosure documents.
No. PVAMU athletics will determine athlete’s eligibility based on the student’s conduct and their campus and conference policies and procedure.
No, it is not required that this information is shared with the NCAA. Based on the recommended checklist and timeline, schools should consider how to track this information per their campus procedures.
There is not a specific timeframe outlined for how far back schools should ask students questions related to their conduct. There is an expectation that students 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.
Support resources and information are available to all student-athletes prior to the disclosure process. Athletes may consult with their advocacy organizations and mental health experts on campus to help provide support for those 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.
There is not a waiver process because the policy is not NCAA legislation but rather a Board of Governors policy. Schools must annually attest to their compliance with the policy. Those schools that cannot attest are prohibited from hosting NCAA championships for the next applicable academic year.
Discipline means 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 your campus policies and procedures.
All disclosures must be made within 30 days of enrollment or transfer to the university.
Yes, the student-athlete form’s FERPA section may be used.
Student athletes who do not comply with the disclosure requirement will not be permitted to transfer or participate in PVAMU athletics.
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.
Disclosures received by the Athletic Department must be reviewed by the disclosure committee.
The NCAA continues to monitor changes to the federal Title IX regulations. The task force provided their resource documents and recommendations with flexibility in mind so that schools can continue abiding by the policy even if the Title IX regulations change.
Yes, all incoming, current and transfer student-athletes will need to complete a disclosure in the 2022-23 academic year so that schools may attest by the May 15, 2023 deadline.