Annual Disclosure Requirements for Compliance with the NCAA Board of Governors Policy on Campus Sexual Violence

Purpose

This policy outlines the disclosures required of all incoming, continuing and transfer student-athletes in accordance with the NCAA Board of Governors Policy on Campus Sexual Violence.

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 any violence that is predominantly caused due to the relationship between the victim and the perpetrator, including dating and domestic violence.

B. 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.

C. 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

Seton Hall 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, 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 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.

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, 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, 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.

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 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 or not there is an incomplete Title IX proceeding in process or if there was a finding of discipline for a Title IX proceeding.

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.

Anyone with questions regarding this policy may contact the following University administrators:

Tatum Colitz
Senior Associate Director of Athletics/Senior Woman Administrator
Deputy Title IX Coordinator
Recreation Center, Room 4001B
Seton Hall University, 400 South Orange Ave., South Orange, NJ 07079
Phone: (973) 761-9494
Email: [email protected]

Toni Hindsman, M.A.
Director of EEO Compliance, Title IX Coordinator
Bayley Hall, Rm. 108C
Seton Hall University, 400 South Orange Ave., South Orange, NJ 07079
Phone: (973) 275-2513
Email: [email protected]

Responsible Offices

Department of Athletics and Recreational Services
Office of EEO and Title IX Compliance

Approval

Approved

Initially adopted and approved by Dr. Joseph E. Nyre, President, on the recommendation of the Executive Cabinet, on April 12, 2022.

Effective Date

April 12th, 2022