Le Moyne College Athletics

The NCAA Board of Governors issued a revised Policy on Campus Sexual Violence on April 27, 2021. Starting in the 2022-2023 academic year, this policy requires that students participating in athletics annually disclose whether they have been subject to discipline through a Title IX or other student conduct proceeding, or have been criminally convicted, for sexual, interpersonal, or other acts of violence. Transfer student-athletes also must disclose whether a Title IX or other student disciplinary proceeding to investigate and/or adjudicate allegations of such conduct was incomplete at the time of transfer.

The NCAA recognizes each member institution must collect this information in a manner consistent with federal and state law and may choose to collect additional information beyond the scope of the NCAA Board of Governors Policy on Campus Sexual Violence based upon their own policies and procedures.

Serious Misconduct Definition
Any act of sexual violence, domestic violence, dating violence, stalking, sexual exploitation, murder, manslaughter, aggravated assault, or any assault that employs the use of a deadly weapon or causes serious bodily injury.

Serious Misconduct Rule
Subject to appeal as described below, a current or prospective student-athlete who has been convicted of or pled guilty or no contest to a felony or misdemeanor involving Serious Misconduct, or has been subject to official institutional or athletic department disciplinary action at any time during enrollment at any high school or collegiate institution, including Le Moyne College (excluding limited discipline applied by a sports team or temporary disciplinary action during an investigation), due to Serious Misconduct, is not be eligible for athletically-related financial aid, practice or competition at Le Moyne College. Le Moyne College will conduct an appropriate inquiry into a prospective student-athlete’s background, and Le Moyne College’s Title IX Coordinator and/or other student disciplinary officials (as applicable) will provide information to those responsible for implementation of this policy with respect to current student-athletes who are disciplined for Serious Misconduct through applicable Le Moyne College policies and procedures.

A student-athlete who is ineligible due to Serious Misconduct may be granted a waiver from the Serious Misconduct Rule and permitted to participate and/or receive athletically-related financial aid if: (1) A Serious Misconduct Review Panel consisting of the College’s Title IX Coordinator, Faculty Athletics Representative, and one other College employee outside of athletics, designated by the President, following a review of the pertinent facts, concludes that compelling exceptional circumstances exist for a full or partial waiver of the Serious Misconduct Rule; (2) the Serious Misconduct Rule Panel submits a written report to the President of the College and the Director of Intercollegiate Athletics that describes the basis for its conclusion; and (3) the College President and Director of Intercollegiate Athletics review the Panel’s report and conclude that a full or partial waiver should be granted. This process is described further below.


Serious Misconduct Rule Protocols
- All current student-athletes will annually complete the Le Moyne College Serious Misconduct Attestation Form on the ARMS system as assigned by the Office of NCAA Compliance.

- All prospective student-athletes will receive the Serious Misconduct Attestation Form from the Office of NCAA Compliance or a member of the coaching staff that is recruiting the prospect during the recruiting period.  The attestation must be completed and submitted via the ARMS system for review by either the Director of NCAA Compliance or the Deputy Title IX Officer for Athletics before an NLI or financial aid agreement or an official position on the team is offered.

- For a prospective student-athlete who is a transfer student, the prospect should complete the attestation prior to an offer of a grant-in-aid or offer of a walk-on position on a team; whichever comes first. The Title IX Coordinator for Le Moyne College will contact the transfer student’s current institution’s Title IX Officer to inquire if they have been a respondent in a case involving allegations of Serious Misconduct at that institution and whether they were found responsible or not (including whether the process was incomplete at the time of departure from the other institution).  If the prospective transfer student attended more than one prior institution, then each prior institution will be contacted.

- The Director of NCAA Compliance or Deputy Title IX Officer for Athletics at Le Moyne College will receive and assess all attestation forms. Any attestation form that has a response of “yes” will be thoroughly reviewed. Any “yes” responses on the attestation form will result in the student-athlete’s membership on the team or eligibility for athletic financial aid being paused.

- The student-athlete or prospective student-athlete may appeal a decision to deny athletics participation or awarding of athletic financial aid pursuant to this policy. Any appeal request must be submitted directly to the Office of NCAA Compliance or the Deputy Title IX Director for Athletics within 10 business days of the date of the letter of notification to the student-athlete.  This information will be forwarded to the College’s Serious Misconduct Review Panel. The panel will review all documentation and submit a written report with supporting documentation to the Director of Intercollegiate Athletics and the College President. The report will include a recommendation as to whether a full or partial waiver of the Serious Misconduct Rule should be granted.

- The College President and the Director of Intercollegiate Athletics will either approve or disapprove the recommendation set forth in the Review Panel’s report.

- The decision of the College President and Director of Intercollegiate Athletics to approve or disapprove the recommendation of the Review Panel is final.

- The student-athlete will be notified of the final decision by the Director of Intercollegiate Athletics.