Title
University of North Carolina at Chapel Hill Procedure for Compliance with NCAA Policy on Campus Sexual Violence
Introduction
Purpose
This Procedure outlines the process for complying with 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 Procedure applies to all incoming, continuing, and transfer student-athletes.
Procedure
Requirements for Student-Athletes: Complying with Annual Disclosure Requirement
The University of North Carolina at Chapel Hill (the “University”) requires all incoming and transfer student-athletes to take the following steps prior to participation in any practice, competition or team meetings:
- Accurately complete a Student-Athlete Attestation Form, disclosing any conduct that resulted in discipline through a University proceeding or in a criminal conviction for sexual, interpersonal, or other acts of violence.
- Complete a FERPA Release identifying a specific school official or office with access to disciplinary and academic records to disclose information related to the conduct and waiving disclosure of relevant records by the prior institution to the University.
- Authorize a background check by completing a consent form as directed by the University.
- Provide other information related to disclosed conduct as directed by the University.
The University requires all continuing student-athletes to take the following step annually:
- Accurately complete the Student-Athlete Attestation Form, disclosing any conduct that resulted in discipline through a University proceeding or in a criminal conviction for sexual, interpersonal, or other acts of violence.
- Authorize a background check by completing a consent form as directed by the University.
- Provide other information related to disclosed conduct as directed by the University.
The completion of such disclosures will be required before a student-athlete is permitted to practice or compete. Refusal to complete any required step will disqualify the prospect from athletically related financial aid, practice, or competition at the University.
University Actions to Gather Reasonably Available Information
As a reasonable steps to confirm whether incoming, continuing, and transfer student-athletes have been disciplined through a University proceeding or criminally convicted of sexual, interpersonal or other acts of violence, the University will take the following steps.
- Review each student-athlete’s record in the Equal Opportunity and Compliance Office’s (EOC) records management system to determine whether any relevant conduct has been reported to the EOC.
- Upon receipt of an executed FERPA Release, ask the identified school official or other school official with access to relevant information to complete a disclosure form that includes information related to the student's conduct while attending their institution.
- Conduct third-party background checks on a random sample of student-athletes whose designated school official does not respond to the FERPA request. The University will select the sample of a reasonable percentage of student-athletes considering the designated school official completion rate each year using a random number generator, correcting for demographic proportionality using the same random number generation.
Addressing Disclosed Misconduct
When a student-athlete discloses a prior incident(s) of sexual, interpersonal, or other acts of violence or if such conduct is identified through the process set out in this Procedure, appropriate University officials, which may include Athletics administrator(s), the Title IX Coordinator, and/or the Office of University Counsel, will review the information to determine the student-athlete’s ability to participate on an NCAA athletics team. Any decision to deem the student-athlete ineligible for participation in athletics at the University will result in written notification to the student.
As appropriate, the committee may refer the information to other campus offices for assessment and response in accordance with other University policies (e.g., the Emergency Evaluation and Action Committee Policy and Procedures, the Instrument of Student Judicial Governance).
Disclosure Schedule
All incoming and transfer student-athletes must submit a completed Student-Athlete Attestation Form and associated materials to the University 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 and prior to participation in any practice, competition or team meetings.
All current University student-athletes must annually submit a completed Student-Athlete Attestation Form and associated materials to the University prior to participation in countable athletically related activities.
Effective Date and Interpretation
This Policy and Procedure will apply beginning in the 2022-23 academic year. This Policy and Procedure are intended to be coextensive with the NCAA Board of Governors Policy on Campus Sexual Violence. While the University will make good faith efforts to update this Policy and Procedure to reflect any changes to that policy, whether by the NCAA or through external legal review, if any portion of those regulations are stayed, vacated, or otherwise determined to be invalid or unenforceable by a court of law or other entity with such authority, the corresponding portion of this Policy and Procedure will be deemed revoked as of the date of publication of the opinion, order, or statement. In the event any provision of this Policy and Procedure conflicts with applicable law, the law will supersede such provision.
Definitions
Related Requirements
Contact Information
Primary Contact
Name: Marielle vanGelder, Senior Associate Athletic Director, NCAA Compliance/Senior Woman Administrator
Telephone: (919) 932-0810
Email: mvangelder@unc.edu
Other Contacts
Name: Elizabeth Hall, Associate Vice Chancellor for Equal Opportunity and Compliance/Title IX Coordinator
Telephone: (919) 966-3576
Email: titleixcoordinator@unc.edu