A/PPS 07.04 - Student-Athlete Conduct Review

POLICY STATEMENT

Texas State University is committed to cultivating a safe, supportive, and respectful community that prioritizes the well-being of all its members.

1. SCOPE

   1. Texas State University is committed to creating an environment in which each individual is respected, appreciated, and valued.

   2. A current or prospective student-athlete who has been convicted of, plead guilty or no contest to a felony or misdemeanor, or has been found delinquent in relationship to a juvenile code equivalent involving a violent crime is prohibited from receiving athletically-related financial aid or participating in practice or competition within the Athletics Department.

   3. A current or prospective student-athlete who has been convicted of, plead guilty or no contest to a felony or misdemeanor involving non-violent crimes, has been found delinquent in relations to a juvenile code equivalent, or has been disciplined by the university, including the Athletic Department, at any time during enrollment at Texas State or any previous institution due to serious misconduct may not be eligible for athletically-related financial aid, practice, or competition at Texas State. An administrative review will take place to determine participation and eligibility in the athletics program.

   4. The National Collegiate Athletic Association (NCAA) requires member institutions to follow the institutions campus policy on sexual violence. Annually, the university president, director of Athletics, and Title IX Coordinator must attest compliance with the NCAA policy. Additional NCAA policy information can be found in the NCAA Board of Governors Policy on Campus Sexual Violence website.

2. DEFINITIONS

   1. Serious Misconduct – any act of incest, rape, sexual assault, sexual violence, domestic violence, dating violence stalking, sexual exploitation, hate crime, murder, manslaughter, aggravated assault, or any assault that involves the use of a deadly weapon or causes serious bodily injury. Also includes any other felony or misdemeanor considered equivalent to those listed above in any jurisdiction where the current or prospective student athlete was convicted or pleaded guilty or no contest. Includes any equivalent violation of the student code of conduct including sexual misconduct, as defined in the Student Code of Conduct, Section 2.02.

   2. Violent Crimes – for the purpose of this policy, defined as any act of incest, rape, sexual assault, sexual violence, domestic violence, dating violence, stalking, sexual exploitation, sexual harassments, hate crimes, assault with a deadly weapon, assault that caused serious bodily injury, murder or manslaughter. Legal definitions of these crimes can vary by jurisdiction, including international law, and that factor may be taken into consideration.

3. PROSPECTIVE AND CURRENT STUDENT-ATHLETE RESPONSIBILITIES

   1. Prospective student athletes

      1. Freshmen and transfer prospective student-athletes are required to complete the Prospective Student-Athlete (PSA) Conduct Questionnaire, which requires disclosure of involvement in proceedings, including Title IX/sexual misconduct and/or criminal misconduct activities.

      2. Incoming transfer prospective student-athletes must also have the previous institutions complete the Student Records Check Form, to confirm whether they were involved in any matters as a respondent and if they were found responsible.

      3. Failure to disclose information may automatically warrant dismissal from the sports program and removal of athletic aid.

   2. Texas State student-athletes

      1. Annually, all student-athletes must complete the Student-Athlete Misconduct Disclosure Form, which requires disclosure of involvement in institutional Title IX proceedings and/or criminal misconduct activities.

4. PROCEDURES FOR REVIEW OF VERIFICATION, DISCLOSURE, AND RECORD CHECK FORMS

   1. The Athletics Compliance Office will review each verification, disclosure, and records check forms upon receipt. Any affirmative response on any form will require a review by the sport supervisor and Senior Woman Administrator/Title IX liaison for Athletics. Additional information should be collected as part of the review.

   2. Information from the initial review will be shared with a representative from the Office of Equal Opportunity and Title IX, a representative from Student Conduct, the Faculty Athletics Representative, the sport supervisor and the Senior Woman Administrator/Title IX liaison for Athletics. These representatives will provide recommendations to the director of Athletics who, in conjunction with the university president, will decide on the status of the student to be a member of the sports team. The decision will be final and will not include an opportunity to appeal.

5. REVIEWERS OF THIS PPS

   1. Reviewers of this PPS include the following:

      Position	Date
      Associate Athletic Director, Compliance	April 1 E7Y
      Executive Senior Associate Athletic Director, Internal Operations	April 1 E7Y
      Director, Athletics	April 1 E7Y

6. CERTIFICATION STATEMENT

   This PPS has been approved by the following individuals in their official capacities and represents Texas State Athletics policy and procedure from the date of this document until superseded.

   Associate Athletic Director, Compliance; senior reviewer of this PPS

   Executive Senior Associate Athletic Director, Internal Operations

   Director, Athletics