Marymount University Athletics Policy on Campus Sexual Violence

Effective Date:

August 1, 2023

Responsible Office: 

Department of Athletics

Scope:

This policy applies to all student-athletes.

Purpose:

This policy sets forth the disclosures required by Marymount University (the “University”) of all incoming, continuing and transfer student-athletes in accordance with the NCAA Board of Governors Policy on Campus Sexual Violence as revised.

1.0 Definitions

1.1 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.

1.2 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.

1.3   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.

2.0 Policy

2.1

The Department of Athletics is informed on, integrated in, and compliant with the University’s policies and processes regarding sexual violence prevention and proper adjudication and resolution of acts of sexual and interpersonal violence.

2.2      

The Department of Athletics makes readily available within the Department and provides to its student-athletes the University’s policies and processes regarding sexual violence prevention and adjudication, and the name and contact information for the University’s Title IX coordinator.

2.3      

The University educates all student-athletes, coaches and staff on sexual violence prevention, intervention and response.

2.4      

The University requires all incoming, continuing and transfer student-athletes to complete a Marymount University Student-Athlete Attestation Form (“Attestation Form”) on an annual basis. At the time of signing the Attestation Form, incoming and transfer student-athletes must also complete and sign the Statement of Disciplinary Standing – FERPA Release, which provides consent for the University to contact prior institutions to confirm accuracy of their disclosure.

2.5 

All incoming, continuing and transfer student-athletes must disclose on the Attestation Form whether they have been found responsible for any sexual, interpersonal or other acts of violence (as defined in the Definitions section above); criminal convictions of sexual, interpersonal or other acts of violence (as defined in the Definitions section above) regardless of the degree and whether the result of a plea or court determination; in the case of transfer students, if they have left an institution with a Title IX process pending; and informal resolutions under Title IX proceedings that are the result of a final finding of responsibility for sexual violence, interpersonal violence, or other acts of violence as defined above.

2.6      

Student-athletes who are the victim of interpersonal violence, sexual violence or other acts of violence are not required to disclose any information surrounding the event or proceedings.

2.7      

No student-athletes are permitted to practice or compete until the Attestation Form and Statement of Disciplinary Standing – FERPA Release have been completed and the Department of Athletics has certified that the student-athlete is compliant with this policy.

2.8      

Failure to make a full and accurate disclosure could result in penalties, including loss of eligibility to participate in athletics as determined by the University.

2.9      

The University will also take reasonable steps to confirm whether an incoming student-athlete or transfer student-athlete has been disciplined through a Title IX proceeding or criminally convicted of sexual, interpersonal or other acts of violence.

2.10    

In a manner consistent with federal and state law, the University must share relevant disciplinary information and incomplete Title IX proceedings as a result of transfer with other member institutions when a student-athlete attempts to enroll in a new college or university.

2.11    

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, removal from the team and expulsion from the University.