Question Regarding Athletics (Response 12/21/2020)

Filed Under: Athletics
Question:

The preamble to the regulations seems to indicate that athletics staff would not be able to restrict a player who is a respondent, based on allegations, unless there is an emergency removal or a process that fully complies with 106.45. Is that correct? Does that apply to any restrictions on the student-athlete that would be a penalty? What is the athlete is also charged with collateral misconduct arising from the incident, such as alcohol or drug use. Can the athletics program restrict the athlete for those behaviors but not the 106.30 offenses?

Answer:

A recipient’s response must treat complainants and respondents equitably by offering supportive measures as defined in § 106.30 to a complainant, and by following a grievance process that complies with § 106.45 before the imposition of any disciplinary sanctions or other actions that are not supportive measures as defined in § 106.30, against a respondent. Thus, if the respondent is not removed on an emergency basis, the recipient may not impose any disciplinary sanctions without complying with the §106.45 grievance process.

As to conduct that does not meet the § 106.30 definition of sexual harassment (or does not otherwise meet the jurisdictional conditions specified in § 106.44(a)), a formal complaint under Title IX regarding such conduct must be dismissed by the recipient for purposes of Title IX, although such conduct may be addressed by the recipient under its own code of conduct, within its discretion.

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