Student-Athlete Misconduct Self-Disclosure Procedure
I. Purpose.
UW-Madison recruits exceptional student-athletes with a record of excellence in their sport, academics, and respect for others. Prior incidents of certain misconduct and certain criminal convictions must be evaluated to ensure that a recruit or continuing student-athlete has the potential to be successful as a student-athlete and member of the UW-Madison community. This procedure also ensures compliance with the NCAA Board of Governors Policy on Campus Sexual Violence. https://www.ncaa.org/sports/2017/8/17/ncaa-board-of-governors-policy-on-campus-sexual-violence.aspx
II. Scope.
This procedure applies to all student-athletes, including incoming first-year and transfer student-athletes, and continuing student-athletes.
III. Definitions.
- Interpersonal Violence: Violence that is predominantly caused due to the relationship between the victim and the perpetrator, including dating and domestic violence, stalking, and sexual exploitation as defined by applicable state or federal law, your high school, your prior higher education institution (i.e., technical school, junior college, college, or university), or UW-Madison.1
- Sexual Violence: A term used to include both forcible and nonforcible sex offenses, including fondling, rape, statutory rape, and incest as defined by applicable state or federal law, your high school, your prior higher education institution (i.e., technical school, junior college, college, or university), or UW-Madison.2
- 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 as defined by applicable state or federal law, your high school, your prior higher education institution (i.e., technical school, junior college, college, or university), or UW-Madison.3
IV. Procedure.
A. The Athletics Compliance Office will annually provide to each student-athlete, including incoming first-year and transfer student-athletes, and continuing student-athletes, the UW-Madison NCAA Annual Misconduct Disclosure Form (“disclosure form”). Student-athletes are required to complete and return the disclosure form by the deadline specified by the Athletics Compliance Office.
B. Student-athletes are required to disclose interpersonal violence, sexual violence, or other acts of violence that resulted in any of the following:
- Discipline from a high school or prior higher education institution (i.e., technical school, junior college, college, or university);
- A criminal conviction, regardless of the degree of the offense and regardless of whether it was the result of a plea or a court determination;
- An informal resolution or settlement of a misconduct proceeding at a high school or prior higher education institution that included a finding of responsibility; or
- Involvement in an investigation or disciplinary proceeding at a high school or prior higher education institution that has not been completed (or was not completed before the student-athlete left that school).
C. If any student-athlete (first-year, transfer, or continuing) makes an affirmative disclosure on the disclosure form, the Athletics Compliance Office will take reasonable steps within its control to send a Disciplinary Record Inquiry Form (“inquiry form”) to any previous high school(s) and/or higher education institution(s) attended by the student-athlete. The inquiry form will be sent at the earliest possible opportunity after the student-athlete completes the disclosure form. The inquiry form will ask the prior institution(s) to disclose certain information about the student-athlete’s non-academic misconduct history and information about criminal history to the extent known by the prior institution(s). The student-athlete shall execute a written release allowing disclosure of this information to UW-Madison.
D. For all transfer student-athletes, regardless of whether they make an affirmative disclosure on the disclosure form, the Athletics Compliance Office will take reasonable steps within its control to send an inquiry form to any previous high school(s) and/or higher education institution(s) attended by the student-athlete. The inquiry form will be sent at the earliest possible opportunity after the student-athlete completes the disclosure form. The inquiry form will ask the prior institution(s) to disclose certain information about the student-athlete’s non-academic misconduct history and information about criminal history to the extent known by the prior institution(s). The student-athlete shall execute a written release allowing disclosure of this information to UW-Madison.
E. The Athletics Compliance Office will notify the Title IX Coordinator (for Interpersonal Violence or Sexual Violence) and/or the Director of the Office of Student Conduct and Community Standards (for Other Acts of Violence) after an affirmative disclosure is provided by a student-athlete. Further notifications will occur upon receipt of information obtained through reasonable steps (e.g., inquiry form).
F. An affirmative disclosure on the disclosure form does not necessarily preclude a student from participating in intercollegiate athletics at UW-Madison. Decisions regarding participation will be made by the Athletic Director (or designee) in consultation with the Chancellor (or designee), the Title IX Coordinator (for Interpersonal Violence or Sexual Violence), and/or the Director of the Office of Student Conduct and Community Standards (for Other Acts of Violence). Decisions will consider information known about the misconduct, whether there was more than one incident of misconduct, the passage of time, and any aggravating or mitigating information available. Decisions will be communicated by the Athletic Director (or designee) to the applicable sport program administrator, who will communicate the decision to the student and the applicable head coach.
G. Student-athletes may not participate in practice or competition until they have submitted a completed disclosure form. Student-athletes may be authorized to participate in intercollegiate athletics while UW-Madison completes its review of information obtained through reasonable steps under this policy. Such reasonable steps may include but are not limited to:
- Requesting and reviewing information from UW-Madison’s Office of Admissions and Recruitment, Sexual Misconduct Resource and Response Program, Office of Student Conduct and Community Standards, and/or other UW-Madison offices as applicable;
- Reviewing Division of Intercollegiate Athletics records for relevant information;
- Conducting a criminal background check;
- Requesting information from former educational institutions after an affirmative disclosure;
- Conducting an internet/media search; and
- Requesting information from the student-athlete and other individuals or third parties as necessary.
H. Failure by a student-athlete to make a full and accurate disclosure on the disclosure form or during any follow-up inquiries by the Athletics Compliance Office could result in penalties, including loss of eligibility to participate in athletics as determined by UW-Madison.
I. The Division of Intercollegiate Athletics will maintain completed disclosure forms and any related information learned during any follow-up inquiries consistent with the requirements of the Division’s record retention schedule.
V. Contact.
For questions regarding this procedure, please contact:
Dan Rohrer
Associate Athletic Director for Governance and Regulatory Affairs
E-mail: DPR@athletics.wisc.edu
Phone: (608) 263-7465
VI. Issuance Date:
October 30, 2023
VII. Review Date:
October 30, 2025
1 Disclosures must include, but are not limited to, convictions, findings, or ongoing investigations of misconduct that meet the definition of dating and domestic violence, stalking or sexual exploitation in Wisconsin Administrative Code (UWS) s. 17.151, regardless of the jurisdiction or educational institution. These are the same definitions as those incorporated into the UW-Madison Student-Athlete Discipline Policy (UW-605) .
2 Disclosures must include, but are not limited to, convictions, findings, or ongoing investigations of misconduct that meet the definition of sexual assault in Wisconsin Administrative Code (UWS) s. 17.151, regardless of the jurisdiction or educational institution. These are the same definitions as those incorporated into the UW-Madison Student-Athlete Discipline Policy (UW-605).
3 Disclosures must include, but are not limited to, convictions, findings, or ongoing investigations of misconduct that meet the definition of violation of criminal law in Wisconsin Administrative Code (UWS) s. 17.09, regardless of the jurisdiction or educational institution. These are the same definitions as those incorporated into the UW-Madison Student-Athlete Discipline Policy (UW-605).
