May 15, 2024  
2023-2024 Student Handbook 
    
2023-2024 Student Handbook

Student Athlete Sexual Misconduct Annual Disclosure Policy and Procedures


Appendix Q: Student Athlete Sexual Misconduct Annual Disclosure Policy and Procedures

 

SASMAD = Student Athlete Sexual Misconduct Annual Disclosure

Student Athlete Sexual Misconduct Annual Disclosure Policy

In compliance with the NCAA Policy to Combat Campus Sexual Violence, Elizabethtown College requires all incoming, continuing and transfer student-athletes to complete an annual disclosure of discipline for sexual violence and criminal conviction for sexual, interpersonal or other acts of violence. Transfer student-athletes also must disclose if they were a responding party in a disciplinary proceeding involving allegations of sexual violence that was incomplete at the time of transfer. Students must complete a full disclosure to participate in competition. Information gathered in this process may impact student athlete eligibility. Failure to make a full and accurate disclosure could result in penalties, including loss of eligibility. Knowingly providing false information on the disclosure would likely warrant disciplinary action resulting in sanctions including but not limited to suspension or expulsion from the institution.

Incoming, continuing and transfer student athletes must disclose if they have been disciplined through a Sexual Misconduct disciplinary proceeding (as defined by Elizabethtown College, or by the student’s prior institution of matriculation) or informal resolution process, or criminally convicted, regardless of the degree, and whether the result of a plea or court determination, of any of the following:

  • 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. Discipline for sexual violence, under any policy, must be disclosed.
  • 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.

For implementation year 2022-2023, all returning students must report incidents occurring during years enrolled at Elizabethtown College up through August 2022. All transfer and first year students will be required to report incidents from transferring institutions and high schools.

In compliance with the NCAA Policy to Combat Campus Sexual Violence, Elizabethtown College Title IX Coordinator will prepare and send summary information, as defined in this policy, about a transferring student athlete disciplined for an act of sexual violence through any Elizabethtown College policy, excluding personally identifiable information about anyone other than the transferring student athlete. The College will disclose discipline, whether it was imposed through a formal or informal resolution process.  Unless the receiving institution contacts Elizabethtown College and requests the information be sent to a specific person according to their institutional policy, the summary information will be sent to the receiving institution’s Title IX Coordinator. The disclosure of summary information does not require the permission of the transferring student athlete.

In compliance with the NCAA Policy to Combat Campus Sexual Violence, Elizabethtown College Title IX Coordinator will request information from former educational institutions of all incoming and transfer students and conduct criminal background checks for students with affirmative disclosures. Any information received will be considered when determining sanctions if the student is found responsible in future Title IX Sexual Misconduct proceedings or other related disciplinary proceedings at Elizabethtown College.

Additional Definitions Related to Policy and Procedures
  • Discipline(d) – a student was found to be in violation of a policy through an institutional Title IX Sexual Misconduct proceeding or faced consequences through an informal resolution process.

 

  • Summary Information – Elizabethtown College will collect the following information from prior educational institutions:
  1. Whether the student left the institution with an incomplete or pending allegations of sexual violence;
  2. Whether the student was disciplined for an act of sexual violence and if so, what sanctions or consequences were imposed;
  3. Whether the student was convicted of, pleaded guilty, or pleaded no contest to any crime of sexual, interpersonal, or other acts of violence.
Student Athlete Sexual Misconduct Annual Disclosure Procedures
SASMAD Form

All student athletes will be provided an electronic SASMAD form to complete. A link to this form will be sent via email by the Title IX Coordinator to each student athlete with an annual policy and procedure statement and will include a due date in the directions. This schedule may change on an annual basis to better meet the needs of College officials and student athletes. Failure to complete the form by the due date indicated by the Title IX Coordinator, or failure to make a full and accurate disclosure, could result in sanctions, including loss of eligibility to participate in athletics. Students must complete a full disclosure to participate in competition.

Collection of Information

The Title IX Coordinator will take the following course of action with all incoming and transfer students:

  • send questionnaire to incoming or transferring student’s former educational institution(s) to receive summary information as defined in this policy
  • request a criminal background check of anyone disclosing a criminal conviction

Elizabethtown College will make a good faith effort to obtain information from other institutions in compliance with NCAA policies. The College recognizes that certain educational institutions may have institutional policies or are subject to state laws that preclude that institution from sharing information with the College. In such cases, the College will consider any information available to the College at the time of review.

Review of Disclosures
SASMAD Committee

Disclosures and information collected through this process will be reviewed by the SASMAD Committee for accuracy and completeness and to determine if further action is required. The committee will include the Title IX Coordinator and/or Deputy Coordinator, the Athletic Director and the Vice President for Student Life and Dean of Students. The SASMAD committee will determine any further action to be taken and may request to meet with the athlete to discuss potential impact and provide resources.

The Title IX Coordinator will review and maintain all submitted information for 7 years from the dates of submission in compliance with Elizabethtown College’s record keeping policy.