Student-Athlete Criminal and Disciplinary Background Disclosure and Review Policy

Op6.10 Student-Athlete Criminal and Disciplinary Background Disclosure and Review Policy

I. Purpose

In an effort to comply with the National Collegiate Athletic Association (NCAA) Board of Governors Policy on Campus Sexual Violence, Missouri State University (University) has adopted the following Student-Athlete Criminal and Disciplinary Background Disclosure and Review Policy (Policy). Nothing in this Policy is intended to supersede any other applicable University policy, including but not limited to the Title IX Sexual Harassment Grievance Procedure Policy (Op1.02-11) or the Applicants for Admission with Criminal Backgrounds and Disciplinary History (Op5.01-2).

II. Definitions

For the purpose of this Policy, the following terms have the following meaning:

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.

Incoming Student-Athlete: A first-time-new-in-college student-athlete who has not previously competed in intercollegiate athletic competition at an institution of higher education.

Transfer Student-Athlete: A student-athlete who was previously enrolled at an institution of higher education but has not previously competed in intercollegiate athletic competition at Missouri State University.

Continuing Student-Athlete: A student-athlete who is enrolled at Missouri State University and previously participated in intercollegiate athletics at Missouri State University.

III. Student-Athlete Criminal / Disciplinary Background Disclosure and Review Form -- Response

All student-athletes, including incoming, continuing, and transfer student-athletes, must submit the applicable Student-Athlete Criminal / Disciplinary Background Disclosure and Release Form (Form) prior to being eligible for intercollegiate participation or the receipt of athletic financial aid. Incoming and transfer student-athletes must complete the Incoming and Transfer Form at the earliest opportunity during the recruitment process. Continuing student-athletes must complete the Continuing Student Athlete Form, through the University’s athletics compliance software (e.g. ARMS), on an annual basis prior to the beginning of their season of intercollegiate athletic competition.

IV. Expectation of University Review

Following initial receipt of the Form, outlined above, the University will:

  1. For incoming and transfer student-athletes – University Athletics will submit a copy of the Form to the student-athletes’ prior institution(s) for completion and return to University Athletic Compliance.
  2. For continuing student athletes – University Athletics will review the submitted form and available conduct records and coordinate with University’s Office of Student Conduct to resolve any issues regarding the submission.

In addition to the above, Athletics Compliance will, in connection with any transfer student-athlete official visit request, request for scholarship, or request for publicization consult information available on the transfer student-athlete’s Transfer Portal and provide to the employee recruiting the transfer student-athletes with any information relevant to the student-athlete’s eligibility, disciplinary history, and/or criminal background.

No Incoming or Transfer Student-Athlete may continue participation as a Continuing Student Athlete until the University has completed its review of the information obtained pursuant to a completed Form (e.g. Parts 1 and 2).

V. Student-Athletes with Prior Criminal and/or Disciplinary Background

The fact that a student-athlete discloses a prior criminal or disciplinary history does not prevent them from being eligible for intercollegiate competition at Missouri State University. However, the University reserves the right to factor the student-athlete’s history and the candor of the student-athlete in sharing that history in determining eligibility and disbursing athletic based institutional aid.

VI. Failure to Comply with Policy

Any student-athlete that fails to honestly and accurately provide information pursuant to this Policy (and/or Op5.01-2) may be subject to university and athletic consequences, including but not limited to, loss of athletic eligibility, denial of admission, rescission of admission, university suspension, or dismissal. Violation of this Policy by University employees may result in discipline that may extend to termination of employment.