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UNCW Title IX and Sexual Misconduct Policy

This Policy is designed to help protect all members of the UNCW community. The University of North Carolina Wilmington is a member school of the National Collegiate Athletic Association (NCAA).  As such, UNCW shall comply with the NCAA Policy on Campus Sexual Violence.  This policy requires all prospective and current student athletes to complete an annual disclosure related to their conduct that resulted in discipline through a Title IX or sexual misconduct proceeding, or in a criminal conviction for sexual misconduct.
 
For purposes of this provision, “sexual misconduct”” is dating violence, domestic violence, rape, sexual assault, other acts as defined by the UNCW Policy on Student Gender-Based/Sexual Misconduct Policy (including Dating Violence, Domestic Violence, and Stalking 04.130).
Every prospective and current student-athlete shall complete an annual disclosure form (Student Athlete Attestation Form), as well as a Statement of Disciplinary Standing disclosing any conduct that resulted in discipline through a Title IX or sexual misconduct proceeding or in a criminal conviction for sexual, interpersonal, or other acts of violence. 
 
Transfer student athletes shall also disclose whether a Title IX or sexual misconduct proceeding was incomplete at the time of transfer.  Failure to make a fully and accurate disclosure may result in penalties including a loss of athletics eligibility as determined by UNCW and/or the initiation of conduct proceedings under UNCW’s Code of Student Life.   Incoming and transfer student athletes shall complete a Family Educational Rights and Privacy Act (FERPA) Release, which will enable UNCW to gather information from the student athlete’s former institution related to any Title IX or sexual misconduct proceeding. 
 
Any prospective student-athlete, whether a transfer student, incoming freshman, or other status who has been convicted of or pled guilty or no contest to a felony involving sexual violence or has been found responsible for sexual violence by a formal institutional disciplinary action at any previous collegiate or secondary school (excluding limited discipline applied by a sports team or temporary disciplinary action during an investigation) shall not be eligible for athletically-related financial aid, practice or competition at UNCW.
 
UNCW Athletics shall make reasonable efforts to confirm whether current and prospective student athletes have been disciplined through a Title IX or sexual misconduct proceeding or criminally convicted of sexual misconduct.  Reasonable steps shall include, but are not limited to:1) viewing publicly available information related to the student athlete, 2)conducting interviews of the student athlete and other persons, 3) requesting information from previous schools and/or institutions related to sexual misconduct.
 
Any issue as to if or how this policy applies to a particular prospective student-athlete will be resolved by the Office of General Counsel.
In addition to the mandatory disqualification of prospective student-athletes with records of sexual violence as outlined in this policy, prospective student-athletes may and should be disqualified for other demonstrated unacceptable misconduct. Specifically, consistent with the Code of Student Life, UNCW Athletics will carefully consider whether to recruit any prospective student-athletes with any serious and/or repetitive criminal, school discipline, or other misconduct issues.
 
Also consistent with that policy, the sport administrator for the pertinent sport must approve the recruitment of any prospective student-athlete with any serious and/or repetitive criminal, school discipline, or other misconduct issues. Relief from this mandatory disqualification policy may only be granted by a panel consisting of the University Title IX Coordinator, University General Counsel, and CARE Team.
 
  • Recordkeeping: Athletics Compliance Office
  • Form must be completed before initial enrollment at UNCW and every subsequent year enrolled as a student-athlete.