Student Athlete Conduct Policy
Custodian of Policy: MSUM Athletic Director
Relevant Minnesota State System Policy:
Relevant Procedures: Student Athlete Conduct Disclosure Procedure
Effective Date: May 15, 2022
Last Review: 2022
Next Review: 2029
Minnesota State University Moorhead (MSUM) is a member school of the National Collegiate Athletic Association (NCAA), competing within Division II. As such, MSUM shall comply with the NCAA Policy on Campus Sexual Violence (as revised April 27, 2021). This policy requires all current and prospective student-athletes to disclose annually to MSUM whether their conduct resulted in an investigation, discipline through a Title IX proceeding, or a criminal conviction for sexual, interpersonal, or other acts of violence.
A failure by the athlete to accurately and fully disclose investigatory activity, a disciplinary action, or criminal conviction may result in penalties, including a loss of athletics eligibility as determined by the school.
The following definitions apply to this policy and related Student-Athlete Conduct Disclosure Procedure:
- Current student-athletes: a MSUM student who participates in varsity athletics practice and/or competition.
- Prospective student-athletes: individuals seeking to enroll at MSUM and to participate in varsity athletics at MSUM, including incoming freshmen and transfer students.
- 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.
- Title IX proceedings: including but not limited to inquiries, investigations, and grievance procedures through a school process to address sex discrimination, including complaints or reports of sexual harassment; sexual violence; dating, intimate partner, and relationship violence; and stalking.
- Criminal convictions: formal judgments of guilt entered by a court, regardless of the degree, and including the result of a plea or court determination for interpersonal violence, sexual violence, and/or other acts of violence.
Expectations for Disclosure
- All current and prospective student-athletes shall complete an annual disclosure related to their conduct that resulted in discipline through a Title IX proceeding or in a criminal conviction for sexual, interpersonal, or other acts of violence.
- Transfer student-athletes shall disclose whether a Title IX proceeding was incomplete at the time of transfer.
- MSUM shall take reasonable steps to confirm whether current and prospective student-athletes have been disciplined through a Title IX proceeding or criminally convicted of sexual, interpersonal, or other acts of violence.
- In a manner consistent with federal and state law, MSUM shall share relevant discipline information and incomplete Title IX proceedings as a result of transfer with other higher educational institutions when a student-athlete attempts to enroll in a new college or university.
- When working with student-athletes who are transferring from another college or university, MSUM Athletic Department personnel shall gather information that reasonably yields information from the former institution(s) to put the leadership at MSUM on notice that the student 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.
- The MSUM Athletics Department will cooperate with university investigations into reports and matters related to sexual and interpersonal violence involving student-athletes and athletics department staff in a manner compliant with MSUM and Minnesota State policies for all students.
The NCAA Commission to Combat Campus Sexual Violence defined the aspirational culture for colleges and universities as:
A positive and thriving athletics team culture that revolves around respect and empathy for all, fostering a climate in which all feel that they are respected, valued and contributing members of their teams, athletics programs and institutions; and creating an environment in which students (athletes and nonathletes alike) feel safe and secure, both emotionally and physically, and are free of fears of retaliation or reprisal. The positive culture exuded by a member institution's NCAA teams is the catalyst for a positive culture across an entire campus.
As an NCAA member school, MSUM strives to such a positive and thriving culture within the Athletics Department.