Western State Colorado University Intercollegiate Athletics Policies ...
Western State Colorado University Department of
Intercollegiate Athletics Policies, Procedures and Plans (3P) Manual Section: Student-Athlete Welfare – Established Standards and Discipline Last revised and updated and revised June 10, 2016 NOTE: Copies of all “Student-Athlete Welfare” sections of the PPM will also be found in the Western “Student-Athlete Handbook.”
Student-Athlete Established Standards Rationale Student-Athletes choose to participate in intercollegiate athletics at Western State Colorado University. By choosing to do this they also accept all of the responsibilities, privileges, and terms associated with participation in the Western State athletics program. Participating in intercollegiate athletics at Western State is a privilege and not a right. Like any privilege, it must be constantly earned. Western State Athletics is an important component to the institution and campus community. Western State and Western State Athletics are important components in the community of Gunnison. Western State chooses to sponsor intercollegiate athletics because of the positive influence on the institution and community. The Student Government Association (SGA) chooses to sponsor intercollegiate athletics for similar reasons. Student-athletes are very visible. What they do in season and out of season – in the school year and out of the school year – in Gunnison and out of Gunnison reflects on the athletic program and the institution. This reflection is either positive or negative. Unfortunately, it takes very little negative reflection to have an adverse effect of significant magnitude on the athletic program. It takes more positive reflection to have a similar magnitude of positive effect on the athletic program. Scope of conduct Student-athletes are expected to adhere to, at minimum, the expectations of the following agencies (this is not an exhaustive list): Western State Colorado University, including specifically but not exclusively: o The Athletics Department The sport specific program the student-athlete is involved directly with o The Office of Student Affairs Residence Life Dean of Students’ Office o Academic Affairs The Rocky Mountain Athletic Conference The National Collegiate Athletic Association (NCAA) City, County, State and / or Federal Government Authorities A violation of the expectations of the above named agencies’ policies, bylaws, laws and / or regulations may be cause for the disciplining of current Western student-athletes. The standard
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for determining by athletics department personnel whether a violation of one of these agencies’ policies occurred shall be a “preponderance of evidence” standard. A generally accepted definition of preponderance of evidence is a requirement that more than 50% of the evidence points to something. Pertinent Western Handbooks The Standards of Conduct are published each year in the Western “Student Handbook”, which includes Obligations of a Student; Student Conduct; Penalties for Misconduct; and Hearing Procedures for Misconduct (including the appeal process). The Western “Student-Athlete Handbook” is published policy for student-athletes. This publication is developed by the Department of Intercollegiate Athletics and includes six domains that a student-athlete may fall under in a discipline situation. The student athlete may fall within one domain, all six domains, or any combination. These domains are: Legal Violation; Western State Student Conduct Code Violation; Athletic Code Violations as specified by national governing and conference bodies; Athletics Department policies and/or student-athlete handbook policies; Specific Program Violations. Drug Testing Policy The Student-Athlete Handbook will be made available to each student-athlete as well as posted on the Athletics Department website.
Program / Department Specific Discipline Team Specific Policies Head Coaches are to annually submit their program specific student-athlete handbooks and / or policies & procedures (team rules) by the start of their pre-season or by the first day of classes, whichever is earlier. All coaches and “other” authority will have the responsibility of implementing reasonable policies and enforcing discipline in a consistent and fair manner. It is recognized that this can be a challenge when there are mitigating circumstances surrounding a particular incident or pattern of incidents. It is further recognized that the authorities of Western State Athletics will attempt to administer discipline in a “self-help” vs. “punitive” manner when reasonably possible. However, the discipline may range wide and may be more punitive in extremely serious incidents or chronic cases. Discipline may include “game” suspensions or temporary, indefinite or permanent suspension from the team. In cases where a coach is giving a studentathlete “another” chance, the coach reserves the right to impose any and all reasonable 3
“additional” restrictions and conditions regarding expectations of the student-athlete(s) in question as part of their discipline and continued participation on the team. Since it is understood that competing in intercollegiate athletics is a privilege, then it is also understood that all Western State Athletics have a right to impose and enforce any reasonable policy and any reasonable disciplinary measures they feel necessary regarding a violation of reasonable expectations and/or reasonable policies, rules and regulations. It is further understood that the head coach and the staff of each sport are directly responsible for communicating and enforcing expectations, policies, rules and regulations to the studentathletes. It is the philosophy of Western State to allow each head coach as much reasonable authority as possible in regard to this area. However, it is understood that the Athletics Director (AD), Associate Athletics Director for Internal Operations and Compliance (AADIOC), President of the College, Vice-President of Student Affairs or “other” appointed authority have the right to impose more stringent discipline than that imposed from the coach. When a coach or “other” authority imposes discipline relative to a particular incident or pattern of incidents it is understood that the student-athlete will receive due process. The due process is “substantive” due process, which is less formal than a legal procedural due process since competing in athletics is a privilege and not a right. Substantive due process still requires notice, hearing, and findings and the degree of formality is relative to the degree of offense and discipline at hand. It is understood that “preponderance of evidence” is all that is necessary for a coach or “other” authority to act. Appeal of coach imposed discipline In the case of a student-athlete being disciplined by a coach and the student-athlete feels that the discipline is significantly harsh and/or unfair, then the student-athlete may appeal. This appeal process is described below: 1. The appeal request must be made in writing to the AADIOC within 7 days of the notice of discipline by the coach. 2. The AADIOC or “other” authority has the right to address the appeal without convening the Appeals Committee. This is already addressed earlier in this document. These decisions may only be appealed to the AD. The last appeal would be to the President of the College. The President’s decision is final. 3. The AADIOC and AD have responsibility to decide if a particular case warrants convening the Appeals Committee. The Appeals Committee will set a date for the hearing in a timely manner. A reasonable time would normally not exceed seven days beyond the receipt of the appeal request. 4
4. The Appeals Committee would listen to the arguments of the student-athlete and also to the arguments of the head coach involved. The Appeals Committee may choose to request testimony from other individuals. However, unless the committee chooses otherwise, no one, including parents or attorneys are to be allowed in the hearing process. 5. The Appeals Committee will render a decision resulting from their deliberations. That decision is final. Appeals Committee Membership The Appeals Committee will be made up of the following individuals: The AD and/or the AADIOC One head coach to be mutually selected by the head coach involved and the AD or AADIOC One student-athlete to be mutually selected by the head coach involved and the AD or AADIOC The Faculty Athletic Representative (FAR) A student that is not an intercollegiate student-athlete to be mutually selected by the head coach involved and the AD or AADIOC The Vice-President of Student Affairs shall be an ad hoc member and be a non-voting member Appeals Committee Operating Procedures / Charge In reviewing an appeal of a specific program violation by a student-athlete, the committee must be reminded and directed that their decision is to be based upon the coach’s philosophy and reasonable policies and not the fact that a committee member agrees or disagrees with the policy or philosophy.
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Intercollegiate Athletics Policies, Procedures and Plans (3P) Manual Section: Student-Athlete Welfare – Established Standards and Discipline Last revised and updated and revised June 10, 2016 NOTE: Copies of all “Student-Athlete Welfare” sections of the PPM will also be found in the Western “Student-Athlete Handbook.”
Student-Athlete Established Standards Rationale Student-Athletes choose to participate in intercollegiate athletics at Western State Colorado University. By choosing to do this they also accept all of the responsibilities, privileges, and terms associated with participation in the Western State athletics program. Participating in intercollegiate athletics at Western State is a privilege and not a right. Like any privilege, it must be constantly earned. Western State Athletics is an important component to the institution and campus community. Western State and Western State Athletics are important components in the community of Gunnison. Western State chooses to sponsor intercollegiate athletics because of the positive influence on the institution and community. The Student Government Association (SGA) chooses to sponsor intercollegiate athletics for similar reasons. Student-athletes are very visible. What they do in season and out of season – in the school year and out of the school year – in Gunnison and out of Gunnison reflects on the athletic program and the institution. This reflection is either positive or negative. Unfortunately, it takes very little negative reflection to have an adverse effect of significant magnitude on the athletic program. It takes more positive reflection to have a similar magnitude of positive effect on the athletic program. Scope of conduct Student-athletes are expected to adhere to, at minimum, the expectations of the following agencies (this is not an exhaustive list): Western State Colorado University, including specifically but not exclusively: o The Athletics Department The sport specific program the student-athlete is involved directly with o The Office of Student Affairs Residence Life Dean of Students’ Office o Academic Affairs The Rocky Mountain Athletic Conference The National Collegiate Athletic Association (NCAA) City, County, State and / or Federal Government Authorities A violation of the expectations of the above named agencies’ policies, bylaws, laws and / or regulations may be cause for the disciplining of current Western student-athletes. The standard
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for determining by athletics department personnel whether a violation of one of these agencies’ policies occurred shall be a “preponderance of evidence” standard. A generally accepted definition of preponderance of evidence is a requirement that more than 50% of the evidence points to something. Pertinent Western Handbooks The Standards of Conduct are published each year in the Western “Student Handbook”, which includes Obligations of a Student; Student Conduct; Penalties for Misconduct; and Hearing Procedures for Misconduct (including the appeal process). The Western “Student-Athlete Handbook” is published policy for student-athletes. This publication is developed by the Department of Intercollegiate Athletics and includes six domains that a student-athlete may fall under in a discipline situation. The student athlete may fall within one domain, all six domains, or any combination. These domains are: Legal Violation; Western State Student Conduct Code Violation; Athletic Code Violations as specified by national governing and conference bodies; Athletics Department policies and/or student-athlete handbook policies; Specific Program Violations. Drug Testing Policy The Student-Athlete Handbook will be made available to each student-athlete as well as posted on the Athletics Department website.
Program / Department Specific Discipline Team Specific Policies Head Coaches are to annually submit their program specific student-athlete handbooks and / or policies & procedures (team rules) by the start of their pre-season or by the first day of classes, whichever is earlier. All coaches and “other” authority will have the responsibility of implementing reasonable policies and enforcing discipline in a consistent and fair manner. It is recognized that this can be a challenge when there are mitigating circumstances surrounding a particular incident or pattern of incidents. It is further recognized that the authorities of Western State Athletics will attempt to administer discipline in a “self-help” vs. “punitive” manner when reasonably possible. However, the discipline may range wide and may be more punitive in extremely serious incidents or chronic cases. Discipline may include “game” suspensions or temporary, indefinite or permanent suspension from the team. In cases where a coach is giving a studentathlete “another” chance, the coach reserves the right to impose any and all reasonable 3
“additional” restrictions and conditions regarding expectations of the student-athlete(s) in question as part of their discipline and continued participation on the team. Since it is understood that competing in intercollegiate athletics is a privilege, then it is also understood that all Western State Athletics have a right to impose and enforce any reasonable policy and any reasonable disciplinary measures they feel necessary regarding a violation of reasonable expectations and/or reasonable policies, rules and regulations. It is further understood that the head coach and the staff of each sport are directly responsible for communicating and enforcing expectations, policies, rules and regulations to the studentathletes. It is the philosophy of Western State to allow each head coach as much reasonable authority as possible in regard to this area. However, it is understood that the Athletics Director (AD), Associate Athletics Director for Internal Operations and Compliance (AADIOC), President of the College, Vice-President of Student Affairs or “other” appointed authority have the right to impose more stringent discipline than that imposed from the coach. When a coach or “other” authority imposes discipline relative to a particular incident or pattern of incidents it is understood that the student-athlete will receive due process. The due process is “substantive” due process, which is less formal than a legal procedural due process since competing in athletics is a privilege and not a right. Substantive due process still requires notice, hearing, and findings and the degree of formality is relative to the degree of offense and discipline at hand. It is understood that “preponderance of evidence” is all that is necessary for a coach or “other” authority to act. Appeal of coach imposed discipline In the case of a student-athlete being disciplined by a coach and the student-athlete feels that the discipline is significantly harsh and/or unfair, then the student-athlete may appeal. This appeal process is described below: 1. The appeal request must be made in writing to the AADIOC within 7 days of the notice of discipline by the coach. 2. The AADIOC or “other” authority has the right to address the appeal without convening the Appeals Committee. This is already addressed earlier in this document. These decisions may only be appealed to the AD. The last appeal would be to the President of the College. The President’s decision is final. 3. The AADIOC and AD have responsibility to decide if a particular case warrants convening the Appeals Committee. The Appeals Committee will set a date for the hearing in a timely manner. A reasonable time would normally not exceed seven days beyond the receipt of the appeal request. 4
4. The Appeals Committee would listen to the arguments of the student-athlete and also to the arguments of the head coach involved. The Appeals Committee may choose to request testimony from other individuals. However, unless the committee chooses otherwise, no one, including parents or attorneys are to be allowed in the hearing process. 5. The Appeals Committee will render a decision resulting from their deliberations. That decision is final. Appeals Committee Membership The Appeals Committee will be made up of the following individuals: The AD and/or the AADIOC One head coach to be mutually selected by the head coach involved and the AD or AADIOC One student-athlete to be mutually selected by the head coach involved and the AD or AADIOC The Faculty Athletic Representative (FAR) A student that is not an intercollegiate student-athlete to be mutually selected by the head coach involved and the AD or AADIOC The Vice-President of Student Affairs shall be an ad hoc member and be a non-voting member Appeals Committee Operating Procedures / Charge In reviewing an appeal of a specific program violation by a student-athlete, the committee must be reminded and directed that their decision is to be based upon the coach’s philosophy and reasonable policies and not the fact that a committee member agrees or disagrees with the policy or philosophy.
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