
University of Utah Department of Athletics
Student-Athlete Health, Safety, and Well-Being Program
Â
The University of Utah Department of Athletics has approved this policy and reserves the right to amend this policy as needed. Furthermore, this policy is not to be construed as a contract between the University and the student-athlete.
Â
The Department of Athletics at the University of Utah is concerned with the health, safety, and well-being of the student-athletes who participate in its programs and represent the University in competitive athletics. Misconduct, abuse, and hostile environments will not be tolerated as they can seriously compromise the integrity of the athletics program and the inclusive mission of the University of Utah.
Â
The Department of Athletics at the University of Utah believes it is our responsibility to do everything reasonably possible to protect the health, safety, and well-being of our student-athletes. It is our desire to educate student-athletes and staff about the impact and long-term effects of abuse and inappropriate coaching techniques, as well as how to appropriately address issues, which are inconsistent with the University’s mission. The purpose of this policy is to clearly state our beliefs and expectations with regard to the instructional environment we intend to create for student-athletes.
Â
1Â Purposes of the Student-Athlete Health, Safety, and Well-Being Program
Â
The Department of Athletics believes this program will help to ensure the health, safety, and well-being of our student-athletes. This program contains a comprehensive strategy to protect student-athletes with the below-listed core objectives.
Â
- To assure all student-athletes and University officials that the University of Utah Athletics Department is committed to adopting standards for effective coaching methods.
- To disseminate information and educate all student-athletes, coaches, and staff on issues related to misconduct, harassment, abuse, and other inappropriate behavior or activities.
- To establish a process for instances of abuse and misconduct to be appropriately reported and addressed.
- To adhere to NCAA, Pac-12 Conference, and University of Utah rules and procedures regarding the Athletics Code of Conduct (i.e., the Athletics Department Employee Expectations).
- To outline procedures for intervention, treatment, and discipline relating to substance abuse by coaches.
Â
2Â Athletics Department Staff Responsibility
All athletics staff members, including coaches, must be aware of - and committed to - the Student-Athlete Health, Safety, and Well-Being Program. Athletics staff members shall not encourage nor advise any student-athlete to tolerate an unsafe environment. Staff members shall direct student-athletes to the Athletics Director, Wellness Team, Student-Athlete Advocate, or their respective Sport Supervisor for advice and education to report any misconduct by student-athletes, coaches, or staff. All staff members and volunteers shall be obligated to report any situation, activity, or behavior that endangers the health, safety, and/or well-being of student-athletes, employees, volunteers, or other spectators/attendees of University athletics events to the Athletics Director
and act to immediately stop the activity until a safe environment can be restored.
It is the responsibility of each coach, volunteer, and staff member associated with the University to act in positive and respectful ways to enhance the health, safety, and well-being of student-athletes while also working to increase the sport performance skills of all student-athletes participating in our program. Each Athletics Department staff member will demonstrate their commitment to this philosophy by annually signing a code of conduct. Further, each head coach will be required to create a safe training environment for student-athletes free of abuse (as specifically outlined in their employment contract). We are committed to providing a safe participation environment by promoting fairness, openness, and honesty in our relationships with each other, which also includes acting ethically and modeling exemplary sportsmanlike conduct.Â
Â
Â
2.1Â Personal Conduct and ResponsibilityÂ
Coaches, staff, and volunteers are to conduct their personal business in a manner that does not bring discredit to themselves or to the University. The following guidelines for personal conduct, while not all-inclusive, have been established:
- Act ethically with good judgment, discretion, and integrity both on and off the job;
- Represent the University with dedication, enthusiasm, and loyalty;
- Treat all persons with courtesy, friendliness, and respect for their personal dignity;
- Do not discriminate against any individual by reason of race, color, religion, national origin, sex, age, disability or status as a person with a disability, sexual orientation, gender identity/expression, genetic information, or veteran’s status; and, per University Policy 1-012, immediately report any issues of discrimination, harassment, or sexual misconduct to the Office of Equal Opportunity and Affirmative Action (OEO/AA);
- Comply with each respective sport’s governing body rules, state and federal laws, and University of Utah regulations;
- In the event of a conflict or disagreement with another University employee, parent or volunteer, professionally resolve such conflict in a meeting with the other person;
- Any situation that cannot be comfortably handled by the staff member, or that may have University ramifications (e.g., fan behavior, inappropriate parental interference, etc.), should be brought to the attention of the Athletics Director;
- Do not engage in a sexual or romantic relationship with a student-athlete; and
- Ethical conflicts should be avoided.
2.2Â Athlete Welfare Advocates
The Athletics Director, Senior Woman Administrator, Student-Athlete Advocate, Student-Athlete Wellness Team, Wellness Ambassadors, Associate Athletics Director for Student-Athlete Well-Being, Sport Supervisors, Athletics Trainers, Strength and Conditioning Coaches, Faculty Athletics Representative, and compliance staff members all have responsibilities related to this program.
Â
2.2.1Â Athletics Director
The Athletics Director shall encourage an atmosphere that promotes a positive, safe, and healthy student-athlete experience and will make every effort to hire individuals who support this mission. The Athletics Director will meet monthly with the Deputy Athletics Director and consistently reinforce the philosophy of the Athletics Department’s focus on a safe and healthy student-athlete experience with the Athletics Department staff. The Athletics Director will meet at least annually with the Director of Psychology and the Student-Athlete Advocate.
Â
2.2.2Â Senior Woman Administrator (SWA)
The SWA will be responsible for oversight of the Student-Athlete Health, Safety, and Well-Being Program. The SWA may designate any individual, or office, within Athletics to monitor the program and maintain appropriate paperwork. Because the SWA has supervising authority over the Director of Psychology, who leads the Student-Athlete Wellness Team, sports medicine, and strength and conditioning directors, she will collaborate with those areas in addressing any well-being concerns.
Â
2.2.3Â Student-Athlete Advocate (SAA)
The Office of the Dean of Students (ODOS), in consultation with the President, shall appoint one individual, who will serve as a Student-Athlete Advocate (SAA). The role of the SAA is to advocate on behalf of the student-athlete to ensure their safety. The SAA is
not an athletics representative who acts to protect the Athletics Department or its employees. The SAA is responsible for listening to any student-athlete (or student-athlete and parent) complaint or expression of concern and determining how to best address the concern in the best interest of the student-athlete. The SAA must always consider the imbalance of power between student-athletes and employees (coaches and others) who are in positions of authority. While the SAA will hear complaints and concerns and may gather facts as part of this process, the SAA will not serve as an investigative body.
Â
The ODOS will initiate a required annual background check for the SAA as a condition of assuming this important role. The SAA is administratively supervised by the Dean of Students, regularly updates the President, and is located in the ODOS.
Â
Student-athletes must feel safe in the reporting of potential abuse or inappropriate conduct by a coach, staff member, student-athlete, or other individuals associated with the athletics program. The SAA will serve as an independent conduit for student-athletes. The SAA is required to document all concerns raised by the student-athlete and help guide the student-athlete to appropriate resources, if necessary.
- SAA will immediately and directly notify the OEO/AA and/or ODOS when issues arise that these offices oversee.
- The SAA will work with appropriate athletics administrators, including the Deputy Athletics Director, to address all reported issues.
- The SAA will make every effort to maintain privacy, when appropriate.
- The SAA will be responsible for documenting work in a Student Affairs database. Documented work may include monitoring activities, visits with staff, students or other individuals related to Athletics, and complaints/concerns raised and the steps taken to resolve those concerns. The following offices/persons will be provided information, when necessary: Athletics Director, Deputy Athletics Director, Sport Supervisor, Student-Athlete Wellness Team, SWA, FAR, Senior Compliance Administrator, Associate Athletics Director for Student-Athlete Well-Being, Vice President of Student Affairs, OEO/AA, and the OGC.
- The SAA will be introduced, their role explained, and contact information provided at the student-athletes’ annual fall team orientation meetings.
- The SAA will also meet with each team at least one additional time during the academic year.
- The SAA will meet, as needed, with the Dean of Students, Deputy Athletics Director, FAR, Associate Athletics Director for Student-Athlete Well-Being, Director of Psychology and Wellness, and the Athletics Director to review all complaints and resolutions.
- The SAA will evaluate trends and report them on an annual basis to the Dean of Students, Deputy Athletics Director, SWA, FAR, Associate Athletics Director for Student-Athlete Well-Being, and Director of Psychology and Wellness.
- The SAA will participate in annual training regarding the University’s obligations under state and federal nondiscrimination laws, including those obligations related to Title IX and Title VI of the Education Amendments Act, Section 504 of the Rehabilitation Act and the Americans with Disabilities Amendments Act, and other relevant University policies.
Â
2.2.4Â Student-Athlete Wellness Team (SAWT)
The Student-Athlete Wellness Team will be led by the Director of Psychology and Wellness in collaboration with the SWA. The SAWT shall consist of a multidisciplinary team of professionals to enhance the performance of student-athletes who are struggling psychologically, emotionally, or physically. The team is chaired by the Director of Psychology and Wellness, a licensed psychologist, and includes a team physician, team athletic trainer, sports nutritionist, and other mental health professionals who work with student athletes.
The SAWT will facilitate the health, safety, and well-being of student-athletes. In addition to review of individual student-athlete issues, the team will consider policy and process issues involving the drug testing program, psychological issues, and health and safety issues that are of national significance (e.g., concussions).
2.2.5Â Wellness Ambassadors
The Psychology and Wellness program will maintain a volunteer peer education group consisting of student-athletes with a special interest in promoting the mission and vision of the Psychology and Wellness Department. This student group, the Wellness Ambassadors, will work to promote health and wellness through peer-to-peer communication and education. This group will meet as needed, and recruitment for this program will be conducted by the staff of Psychology and Wellness. The Wellness Ambassador peer education program helps promote the safety and well-being of student athletes. Nominations for membership on the Wellness Ambassador peer education program will be solicited by coaching staffs and general Athletics Department staff members. The Wellness Ambassador program will identify one or more Directors to help guide the program and will also have a role in nominating student-athletes for the annual Wellness Advocate Award; an award presented to a student who “demonstrated a commitment to personal wellness and showed courage in advocating for mental health awareness among student athletes.”
2.2.6Â Sport Supervisor
The Sport Supervisor shall be assigned by the Athletics Director and will serve as the individual who directly oversees their assigned sport program(s).
- The Sport Supervisor will conduct regular meetings with the sports program’s head coach.
- The Sport Supervisor will report all allegations of abuse, harassment, and misconduct directly to the Athletics Director, and/or his designee, the Associate Athletics Director for Student-Athlete Well-Being, and the SAA.
- The Sport Supervisor will be responsible for monitoring the sports program by periodically observing team and individual practice sessions, strength and conditioning workouts, and home competitions throughout the year.
- The Sport Supervisor will travel on at least one team road trip per academic year (or send a designee to do so).
- The Sport Supervisor will meet periodically with student-athletes and other support staff members throughout the year.
- The Sport Supervisor will review all experience surveys involving student-athletes who graduate/exhaust eligibility, request a transfer to another institution, quit the team, or are released from the team. All observations or reports of misconduct, abuse, or other inappropriate behavior or activities will be immediately reported to the Deputy Athletics Director, Associate Athletics Director for Student-Athlete Well-Being, and SAA.
- The Sport Supervisor shall track all meetings, practice observations, and travel on the Sport Supervisor Tracking Form, or other preferred manner of documentation. When issues or concerns arise, they should immediately be brought to the attention of the Associate Athletics Director for Student-Athlete Well-Being.
Â
2.2.7Â Athletic Trainers and Strength and Conditioning Coaches
Athletic Trainers assigned to each sport by the Director of Sports Medicine and Strength and Conditioning Coaches assigned to each sport by the SWA will be required to regularly observe activity at team and individual practice sessions, strength and conditioning workouts, competitions, and travel associated with away practice and competition. These observations should be documented and shared with the staff member’s supervisor and the team’s Sport Supervisor monthly.
Â
2.2.8Â Faculty Athletics Representative (FAR)
The University President will appoint a Faculty Athletics Representative (FAR) who will ensure that the academic institution establishes and maintains the appropriate balance between academics and intercollegiate athletics. The FAR shall be a member of the institution’s faculty or an administrator who holds faculty rank and does not hold an administrative or coaching position in the Athletics Department. The FAR will serve a term of three years, with an option to serve an additional term(s), as appointed by the President. The FAR will serve many purposes involving the academic success of student-athletes and their integration into general student life at the University. The FAR will meet regularly with the SAA to discuss any academic issues that have arisen and occasionally with the Athletics Director (or his designee).
Â
2.2.9Â Associate Athletics Director for Student-Athlete Well-Being
For the purposes of this policy, the SWA has appointed the Associate Athletics Director for Student-Athlete Well-Being to oversee the monitoring of this policy. Every month, during the regular academic year, the Associate Athletics Director for Student-Athlete Well-Being will remind the appropriate Welfare Advocates (e.g., FAR, SAA, SWA, Sport Supervisors, Athletic Trainers, and Strength and Conditioning staff) of their obligation to report any issues of concern related to this policy. The Associate Athletics Director for Student-Athlete Well-Being will then work with the necessary Athletics Department and other campus partners to appropriately address those concerns.
3Â University Offices with Investigative Responsibilities
3.1Â Office of Equal Opportunity and Affirmative Action (OEO/AA) Â
University Policy 1-012, University Nondiscrimination Policy, prohibits discrimination and prohibits retaliation against individuals for engaging in protected activities such as filing a complaint, objecting to discriminatory conduct, or participating in a discrimination investigation process. The Director of the OEO/AA is the Title IX Coordinator for the University. Â In its role, the OEO/AA will conduct investigations into allegations of discrimination, harassment, and sexual misconduct, as set forth by
Rule 1-012, Discrimination Complaint Rule. When a complaint is filed against an athletics staff member or student-athlete, the OEO/AA will provide its investigative findings to the Athletics Director; which is consistent with the OEO/AA’s notification process to cognizant Vice Presidents involving other members of the University community. The Athletics Director will then consult with the OEO/AA and other necessary campus entities (e.g., Human Resources or the ODOS) to determine what, if any, action should be taken. In the event the Athletics Director is the accused individual, the OEO/AA will provide its investigative findings to the University President and the OGC.
Â
3.2Â Office of the Dean of Students (ODOS)
The ODOS will serve many purposes involving University of Utah student issues and concerns. In its role, the ODOS will conduct investigations into allegations of misconduct by a student that would fall under the
Student Code of Conduct, University Policy 6-400. The ODOS will provide its conclusions to the Athletics Director (or his designee). Additionally, the SAA will be housed in the ODOS and is administratively supervised by the Dean of Students.
Â
3.3Â Office of General Counsel (OGC)
The OGC will represent the legal interests of the University of Utah. In their role, the OGC will ensure all allegations of abuse and misconduct are appropriately reported, investigated, and resolved. Additionally, the OGC will provide advice in amending the policies and procedures related to the health, safety, and well-being of student-athletes as necessary. When concerns are raised that do not involve discrimination, sexual misconduct, or student misconduct, the OGC will assign the issue to be investigated. These items may be reviewed by the Office of Athletics Compliance, the Associate Athletics Director for Student-Athlete Well-Being, outside counsel, the Division of Human Resources, or any other entity or individual as determined by the OGC.
Â
4Â Sexual Misconduct
Â
The Athletics Department and University of Utah regulations strictly prohibits any coach, staff member, volunteer, or student-athlete from engaging in any form of Sexual Misconduct that affects other employees, volunteers, student-athletes, University-program participants, or University guests. Â
Â
Under University policy, Sexual Misconduct is a broad term used to encompass a range of behaviors including Sexual or Gender-Based Harassment, Intimate Partner Violence, Sexual Exploitation, Stalking, Nonconsensual Sexual Contact, and Nonconsensual Sexual Penetration. Sexual Misconduct also includes the crimes of dating violence, domestic violence, sexual assault, and stalking as defined by state and federal law. Sexual Misconduct is a form of Sex Discrimination.
Â
Sexual Misconduct may include, but is not limited to, written or verbal abuse or threats with sexual overtones, physical contact, sexually graphic literature, sexual advances, demands for sexual favors, sexually-oriented comments, jokes, lewd comments or sexual innuendoes, taunts about body, dress, marital status or sexuality, singling out members of one sex or those with a particular sexual orientation for ridicule or devaluing athletic performance or self-respect, sexual or homophobic graffiti, practical jokes based on sex, intimidating sexual remarks or invitations of a sexual nature, dismissing the contributions of members of one sex or sexual orientation in meetings or training sessions, or other condescending or patronizing behavior, physical contact such as fondling, pinching or kissing, sexual-related vandalism, offensive phone calls or photos, and/or bullying on the basis of sex. All sexual misconduct will be reported to OEO/AA (and campus police if required to by the Jeanne Clery Act).
Â
Sexual Misconduct by any individual involved in University programs or activities shall not be tolerated. If observed and it is safe to do so, employees, student-athletes, and volunteers shall immediately act to ask the person to stop such behavior
and, as per University Rule 1-012, will immediately report the behavior to the OEO/AA. Employees and volunteers observing inappropriate behavior shall also immediately report the information to the Athletics Director. Students observing inappropriate behavior shall also immediately report the information to any athletics staff member, the Athletics SAA, the Associate Athletics Director for Student-Athlete Well-Being, or the OEO/AA.Â
All criminal activity observed by any individual shall be immediately reported to law enforcement. Individuals engaging in Sexual Misconduct may be subject to termination of employment, academic and/or athletic suspension, or dissociation from the University.Â
Â
The privacy of all parties involved in a complaint investigation shall be strictly respected insofar as it does not interfere with the University’s legal obligation to investigate allegations of discrimination, harassment, and sexual misconduct, to take corrective action, or as otherwise provided by law. Individuals shall not be subjected to retaliation for initiating, or participating in, a discrimination or sexual misconduct complaint process, regardless of the outcome of an investigation.
Â
Confidential vs. Private Communications
Individuals can seek support from certain resources who are not required to tell anyone else private, personally-identifiable information unless there is cause for fear of victim safety or the safety of others. There are individuals who the college has not specifically designated as “responsible employees” for purposes of putting the institution on notice and for who mandatory reporting is not required, other than in the above stated limited circumstances. These resources include the mental health professionals in the Athletics Psychology and Wellness Office, University’s Victim Survivor Advocates in the Student Wellness Center, counselors within the Counseling Center and Women’s Resource Center, or other mental health counselors. If you are unsure of someone’s duties and ability to maintain your privacy, ask them before you disclose information to them.
Â
5Â Hazing, Initiation Rituals, Bullying, and Physical Punishment
Â
“Hazing” and inappropriate team initiation or bonding activities are defined as any actions, whether physical, verbal, mental, emotional or psychological, which subject another person, voluntarily or involuntarily, to any outcome that has the intended or unintended effect of abusing, mistreating, degrading, humiliating, harassing, or intimidating the person, or which may in any fashion compromise the inherent dignity of the person, for the purpose of association with, or induction to, a particular group or team or to control someone younger, weaker or with less power with the intent of harm. Such activities violate Utah law (Utah Code Ann. §76-5-107.5) and University regulations including the Student Code of Rights and Responsibilities (Policy 6-400). These activities are strictly prohibited, whether initiated by student-athletes, coaches, staff members, or volunteers. The Athletics Department is committed to the preservation of civil rights and a safe and non-threatening environment. Student-athletes should only be asked to engage in activities that are constructive, educational, inspirational, and contributory to intellectual, personal, and athletic development. Â
The following are examples of, but not limited to, prohibited actions and behaviors constituting hazing, initiation rituals, or physical punishment. Forcing, requiring, or pressuring an individual to engage, endure, or participate in the:
- Consumption of alcohol or other drugs;
- Ingestion of any substance;
- Shaving any part of the body;
- Participation in any activity that is illegal, perverse, publicly indecent or contrary to the individual’s genuine moral beliefs;
- Tampering with or damaging property;
- Modification of dietary restrictions of any kind unrelated to healthy nutrition;
- Deprivation of sleep and waking up/disturbing individuals during normal sleep hours;
- Creation of excessive fatigue unrelated to normal training expectations and activities;
- Paddling, whipping, beating or physical abuse of any kind;
- Forced tattooing or branding of a body part;
- Subjecting of a team or staff member to cruel and unusual psychological conditions;
- Wearing of apparel in public which is conspicuous, not normally in good taste, or designed to humiliate the individual(s) wearing it;
- Morally degrading or humiliating games or activities;
- Sexual rituals, assaults and/or required nudity;
- Activities that promote or encourage the violation of state laws, University, Athletics Department, or NCAA policies;
- Deception or threat contrived to convince the new member that he/she will not be permitted to join; or
- Mentally abusive or demeaning behavior.
Bullying occurs when there is an imbalance of power and the person who is older, larger, stronger, or more aggressive uses their power to control or harm someone in a weaker position. The person bullying has the intent or goal to cause harm (i.e., the act is not accidental) and the action is usually repetitious. Bullying can take many forms. Examples include, but are not limited to, name-calling, teasing, socially spreading rumors, purposely leaving people out of groups by telling them or others they are unwanted, breaking up friendships by threatening others or spreading rumors about a friend, or physically hitting, punching, or shoving a person. Using the Internet, email, texting, mobile phones, social media or other digital technologies, to do harm to others is bullying and is also prohibited.
Â
6Â Education
Â
The Athletics Department will be consistent and firm in the training and education for coaching staff, student-athletes, athletic trainers, strength and conditioning coaches, and administrators. When necessary, experts will be consulted and will conduct education with Athletics Department staff and student-athletes. On-going educational topics will include sexual harassment and misconduct; coach/student-athlete relationship guidelines; reporting procedures; counseling services; and safety regulations and training techniques (as needed). Guidelines on behavior will be provided to and signed by all Athletics Department staff and student-athletes.
Â
6.1 Â Role of Senior Woman Administrator (SWA)
Annually, the SWA will be responsible for creating a schedule of on-going education that will include sexual harassment and misconduct; coach/student-athlete relationship guidelines; reporting procedures; counseling services; and safety regulations and training techniques (as needed).
Â
6.2Â Student-Athlete Education
Student-athletes will receive on-going education related to the relevant topics listed in item 6.1. In-person education will be provided during the summer bridge class, team orientation meetings, and SAAC meetings. Occasionally, printed materials will be posted in the Student-Athlete Academic Center and social media will be used to educate student-athletes. Student-athletes will be informed that any issues can be addressed with the SAA including, but not limited to, physical, psychological, medical, emotional problems.
Â
6.3Â Athletics Staff Education
In-person education will be provided during the annual fall meeting with the University President, team orientation meetings, and monthly department staff meetings. Occasionally, education will be provided by electronic mail and social media.
Â
7Â Appropriate Coaching Methods and Behavior
Â
7.1Â Instructional Safety
The Athletics Department shall employ coaches who have the necessary credentials and experience to safely and effectively teach the skills and strategies included in their sport and establish practice environments that minimize the potential for physical harm. Coaches are responsible for conforming to the highest levels of athlete care and ensuring that paid or volunteer assistant coaches working under their supervision uphold the same instructional standards.
Â
7.2Â Professional Development and Safety
All coaches shall continue to advance their knowledge related to coaching excellence and safety considerations. Coaches are required to stay up-to-date on all safety alerts that are publicly announced by equipment manufacturers, sport governing bodies, or any other organization associated with the conduct of their sport. Safety alerts must be brought to the attention of facility operators, student-athletes, and other staff members as appropriate.
Â
7.3 Adherence to Physician’s Instructions and Proper Actions in the Case of InjuryÂ
Coaches are obligated to follow the instructions of a medical physician with regard to return to competition or practice following injury, including any restrictions related to training limitations of injured student-athletes. In the case of injury, or suspected injury, during practice or competition (i.e., concussion, unusual respiratory distress, etc.), coaches are expected to immediately remove the student-athlete from the practice or competition to seek first aid, medical treatment and/or medical evaluation by a certified professional.
Â
7.4Â Acceptable Physical Activities
Coaches may only require that athletes take part in instructional and conditioning physical activities during practices or contests that are relevant to the sport and meet conditioning and safety guidelines established by sports medicine authorities. Such activities will align with the coach’s training, educational background, and experience. Any new techniques for which training or certification does not exist, must be prefaced by reasonable external consultation (e.g., national coaches association, sport governing body, review by experts) and must not impose danger, risk or harm to participants that would normally not be encountered by participation in that sport. New or innovative training techniques require consultation to be documented and presented to the Sport Supervisor for approval. Drills that may pose a risk to certain student-athletes because of specific medical conditions will require a comprehensive student-athlete evaluation with training and medical staff before drills can be performed.
Â
7.4.1Â Alternative Activities
Student-athletes shall be permitted to immediately withdraw from any activity they feel may cause them harm or danger and coaches must provide a reasonable alternative activity.
Â
7.5Â Physical Abuse or Inappropriate Touching During Instruction
Physical abuse of athletes is expressly prohibited. Coaches should be aware that physical abuse can take many forms including inappropriate or frequent unnecessary touching. Some of the more common forms of physical abuse include when a coach:Â
- requires or suggests that a student-athlete perform a physical act that has no relevance to the sport and that is intended to cause embarrassment or be degrading;
- forces a student-athlete into training and/or competition that exceeds the capacity of his/her immature and growing body;
- requires or suggests that a student-athlete continue to perform a physical act, whether it is relevant to the sport or not, that compromises established conditioning and safety guidelines;Â
- places a student-athlete in drills where they are intentionally mismatched physically with an opposing athlete, causing the possibility of physical harm, or the athlete is clearly unable to perform a physical activity safely or effectively without harm;Â
- fails to stop an activity where a student-athlete is clearly being subjected to physical harm; or
- roughly pulls a student-athlete into a position on the court, field, pool, mountain, track, gym, course, etc.
It is good instructional practice to ask the student-athlete in advance if it is “okay” to touch them in order to put a body part in the right mechanical position. An occasional “high five” or a pat on the head or back to acknowledge a celebratory performance is generally acceptable unless the student-athlete expresses they feel uncomfortable with that contact for any reason. Maintaining open communication about these boundaries will help to create a safe environment for all coaches and student-athletes involved in the instructional environment.
7.6Â Emotional or Verbal Abuse
Coaches and student-athletes constantly engage in verbal interactions. It is the coach’s responsibility to use such interactions for instructional and motivational purposes. Emotional or verbal abuse of student-athletes is expressly prohibited and can take many forms, such as when a coach: (1) excessively, in comparison to treatment of other student-athletes, singles out a student-athlete through negative interactions (i.e., personal attacks); (2) uses degrading language; (3) devalues a person; and (4) when a coach isolates a student-athlete by ignoring them. Coaches must make every effort to avoid such conduct. Coaches should immediately call a halt to any bullying or emotional verbal abuse undertaken by any student-athlete toward another. Coaches should refrain from and not allow their student-athletes from engaging in verbal discourse that denigrates others.
Â
7.7Â Responsibility to Act
Whenever a coach or supervising staff member observes a potentially unsafe situation, it is the coach’s or staff member’s responsibility to immediately discontinue the activity and restore a safe environment.Â
Situations involving discriminatory harassment, hazing, bullying, abuse, or other activities defined under this policy must be immediately addressed and reported to the Athletics Director and, when appropriate, to the OEO/AA.
All criminal activity observed by an individual shall be immediately reported to law enforcement.
Â
7.8Â Control and Dependence
Participation on a sports team demands a certain amount of inter-team dependence and discipline. It is the coaches’ responsibility to establish a team environment and ethos that maximizes cooperative effort and performance without compromising basic individual rights. There must be appropriate times in which athletes are free to question and discuss and the coach to respond with explanations. A coach’s system of discipline should at all times be reasonable and professional. Care must be taken to avoid creating an atmosphere based on fear, intimidation, and total compliance. Such systems of control are antithetical to the learning environment. Team environments should be positive, nurturing, and supportive without sacrificing organization, efficiency, and appropriate discipline.
Â
7.9Â Romantic, Dating, or Sexual Relationships
Anyone employed by Athletics may not enter into any romantic, dating, or sexual relationship with a student-athlete while that student-athlete is a University student, and for two years after cessation or termination of coaching that student-athlete in any program within or outside of the University, even if that student-athlete is not currently engaged in participating in the sport. The two-year prohibition is based on the belief that public confidence in the athletics program will be undermined by the appearance or actuality of intimate relationships with former student-athletes. A staff member who engages in such activity even following this two-year period still bears the burden of demonstrating there has been no exploitation of the coach-athlete relationship if faced with allegations of impropriety. Exceptions may be made by the Athletics Director on a case-by-case basis but only to the extent the approval is in compliance with
University Policy 1-020: Required Professional Boundaries in Relationships. If an Athletics Department staff member was involved in a romantic, dating, or sexual relationship with a student-athlete prior to them becoming a student-athlete at the University of Utah, this information must be reported to the staff member’s Human Resources representative to ensure the staff member is compliant with University Policy 1-020.      Â
Â
8Â Obligation/Methods to Supervise Sport Programs
Â
The Athletics Department shall have evaluation procedures in place that provide for an annual performance appraisal of all head coaches which shall include evaluations by the Sport Supervisor and student-athletes. Student-athlete evaluations shall be administered by the Sport Supervisor (or Athletics Compliance) without coaches being present. All monitoring mechanisms shall be jointly reviewed by the Sport Supervisor and the Athletics Director (or his designee). Observations or reports related to the health, safety, and well-being of student-athletes will be shared with the Student-Athlete Wellness Team.
Â
8.1Â Annual Review
The Athletics Director, Student-Athlete Wellness Team, SAA, and the OGC will meet annually to review all formal complaints and resolutions. The group will evaluate trends and apply appropriate actions based on the outcome of the review.
Â
8.2Â Hiring Practices
All paid and volunteer coaches, the SAA, and other staff or volunteers working directly with children or young adult participants are required to have background checks. All Athletics staff will be subjected to background checks during their hiring process per
University Policy 5-130:Â Criminal and Other Background Checks on University Employees. All Athletics camp employees will also be subjected to background checks per
University Policy 1-015: Safety of Minors Participating in University Programs or Programs Held on University Premises. All background checks will be initiated by Human Resources during the hiring process.
Â
8.3Â Monitoring of Sports Programs
The Sport Supervisor will be responsible for:
- conducting regular meetings with the sports program’s head coach and reporting all allegations of abuse, harassment, and misconduct directly to the Athletics Director (or his designee) and the OEO/AA when appropriate;
- monitoring the sports program by periodically observing team and individual practice sessions, strength and conditioning workouts, competitions, and traveling on at least one team road trip per academic year (or sending a designee to do so);
- meeting with student-athletes and athletic trainers periodically;
- reviewing all exit interviews involving student-athletes who graduate, request a transfer to another institution, quit the team, or are released from the team;
- immediately reporting to the Athletics Director, or his designee, the Associate Athletics Director for Student-Athlete Well-Being, and SAA all observations or reports of misconduct, abuse, or other inappropriate behavior or activities; and
- conducting an annual coach appraisal of each head coach and their program.
Â
Athletic Trainers assigned to each sport will be responsible for: Â
- regularly observing activity at team and individual practice sessions, strength and conditioning workouts, competitions, and travel associated with away practice and competition; and
- documenting and sharing observations to the staff member’s supervisor and the Sport Supervisor monthly.
Â
Strength and Conditioning Coaches assigned to each sport will be responsible for:Â
- regularly observing activity during strength and conditioning workouts, competitions, and travel associated with away practice and competition; and
- documenting and sharing observations to the staff member’s supervisor and the Sport Supervisor monthly.
Â
The (FAR) will be responsible for:
- documenting and sharing any concerning observations to the Athletics Director, or his designee, and the Sport Supervisor monthly.
Â
8.4Â Documentation of Monitoring Mechanisms
Sport Supervisors, Athletics Trainers, Strength and Conditioning Coaches, the FAR, and compliance staff members will be expected to document any concerning activities incidental to a student-athlete’s participation in athletics (contact Liz Prince at
lprince@huntsman.utah.edu for forms).
- The Practice & Strength/Conditioning Observation form will be completed by staff members when team, individual, and strength and conditioning practice sessions are observed and something concerning was witnessed.
- The Road Trip Observation form will be completed when Athlete Welfare Advocates accompany student-athletes on official team travel and something concerning was witnessed.
- The Sport Supervisor shall track all meetings, practice observations, and travel on the Sport Supervisor Tracking Form or another preferred form of documentation. When issues or concerns arise, the Associate Athletics Director for Student-Athlete Well-Being shall be notified as soon as possible.
- The Annual Coach Performance Appraisal will be completed one time each year by the Sport Supervisor during a review of each head coach and their program. The completed review will be provided to the Athletics Director.
Â
9Â Reporting Procedures
Â
The following guidelines pertaining to student behavior and issues of misconduct will be investigated and adjudicated by the Office of the Dean of Students per the Student Code of Conduct, University Policy 6-400. Additionally, all sexual misconduct and discrimination complaints will be investigated by the OEO/AA and adjudicated consistent with University Rule 1-012. Complaints involving employees (that do not involve sexual misconduct or discrimination) will be investigated by the appropriate supervisor, with the assistance of Human Resources when necessary. All other issues related to this policy, that do not have an assigned office to investigate (e.g., OEO/AA, ODOS, Athletic Compliance, Human Resources, Department of Public Safety) will be investigated by the Associate Athletics Director for Student-Athlete Well-Being (or other University staff as assigned by the OGC) and adjudicated by the OGC and the Athletics Director.
Â
9.1Â Complaint Process
The Athletics Department recognizes how difficult it may be for a student-athlete or parent to report an offense by a coach or staff/volunteer because of fear of retaliation against the student-athlete or their family, or the possibility of having to subject a student-athlete to an adversarial process. Similarly, coaches and staff must be assured of a fair process. Thus, the following mechanisms have been put in place to establish a timely and appropriate fact-finding process that allows both sides to be heard when addressing complaints.Â
Â
9.2Â Meeting with the Student-Athlete AdvocateÂ
Whenever a student-athlete experiences conduct that the student-athlete considers to be abusive or inappropriate, the student-athlete is encouraged to meet with any athletics staff member or University official with whom the student-athlete feels comfortable to report an inappropriate situation, activity, or behavior. The complainant shall not be required to confront a coach or staff member with the alleged abuse. Once a complaint has been received, the following process will occur.
- The complaint/concern is immediately forwarded to the SAA.
- The SAA will document each complaint/concern in the appropriate Student Affairs database.
- The SAA will provide information related to the complaint/concern to the appropriate entities needed to be aware of, and address the complaint, as soon a practicably possible (e.g., SWA, Sport Supervisor, Deputy Athletics Director, Associate Athletics Director for Student-Athlete Well-Being, OGC, and/or any other designee determined by the Athletics Director). If appropriate or required, information will be provided to the ODOS, OEO/AA, and/or the Office of Athletics Compliance. The FAR will also be updated if any academic issues arise.
- All complaint forms and other supporting documentation will be maintained in the office of the SAA and any other office designated to address the issue(s).
Â
9.3Â Report to Law Enforcement
Criminal conduct shall be immediately reported to the proper authorities as required by state and federal law.
Â
9.4Â Keep the Athletics Director Informed
The SAA should keep the Athletics Director, or his designee, informed of pending situations while observing requests for anonymity, if possible, and should seek the assistance of the Athletics Director in acting to restore a safe environment.
Â
9.5Â Complaints
Complaints of abuse, misconduct, or inappropriate behavior, whether verbal or in writing, shall be treated the same. Any staff member who receives a concern should respond immediately by forwarding the complaint to the Athletics Director, or his designee, the Associate Athletics Director for Student-Athlete Well-Being, and the student-athlete’s Sport Supervisor. Additionally, the SAA will be notified for processing as described in 9.2 above.
Â
9.6Â Resolution
If the SAA and the complainant agree that the complaint can be resolved to the satisfaction of the complainant and the person accused without further action, such effort to negotiate a resolution may be initiated by the SAA on behalf of the complainant. If a resolution is agreed up by both the complainant and the person accused of misconduct, it must be recorded in writing and shall be placed in the employment file or student record of the person alleged of the misconduct. The SAA may ask the Athletics Director, the OEO/AA, the ODOS, and/or the Associate Athletics Director for Student-Athlete Well-Being to assist in the process, when necessary.
Â
9.7Â No ResolutionÂ
If the allegation is denied, a resolution is not agreed upon, a resolution is not appropriate, or if the alleged offense falls within the zero tolerance or serious inappropriate or unprofessional conduct (i.e., sexual harassment, sexual abuse, prohibited coach-athlete relationships, etc.) the complaint shall be forwarded by the SAA directly to the OEO/AA, and Human Resources, for formal investigation and resolution.
Â
Â
9.8Â Potentially Criminal Conduct or Severe MisconductÂ
All potentially criminal conduct shall be immediately reported to the police. The person accused of such severe misconduct may be immediately placed on leave or suspended from employment or affiliation with the Athletics Department until the complaint process is completed. The Athletics Department will work with Human Resources to implement a suspension in accordance with University Policy. OEO/AA fact-finding should move forward consistent with University Rule 1-012 and may begin simultaneously with criminal proceedings or begin as soon as authorities have completed their initial gathering of evidence (as to not interfere with a criminal investigation). In the case of a serious student misconduct issue, an administrative suspension may be initiated per the Student Code (Policy 6-400) while an investigation proceeds with the OEO/AA and/or ODOS. Â
Â
9.9Â Standards for Administrative DecisionsÂ
It should be noted that taking action against an employee or member regarding violation of the Athletics Department policy requires meeting a preponderance of the evidence standard, a lower standard of proof than is required in criminal cases. Appropriate disciplinary action may be taken against an employee or student if it is more likely than not that misconduct has occurred. These decisions do not require the higher criminal proof standard of “beyond a reasonable doubt.”
Â
9.10Â Prohibition of RetaliationÂ
There shall be zero tolerance for retaliation engaged in by any coach, employee, volunteer, or student-athlete against any person submitting a complaint. This includes any retaliation made on behalf of the person(s) alleged to have engaged in misconduct by friends, relatives, spouse(s), or any other third party directed to take such action.
Â
9.11Â Immediate Action to Restore A Safe EnvironmentÂ
If the complainant alleges a dangerous or hostile environment, the Athletics Director shall act immediately to restore a safe environment while the complaint process takes place (e.g., possible temporary suspension of the accused student-athlete or coach in accordance with University regulations).Â
Â
9.12Â Privacy/Confidentiality (Complainant)Â
If the complainant reporting harassment or other serious misconduct, asks that their name or the victim’s name not be disclosed to the person accused, reasonable efforts will be made to comply with the student-athlete’s wishes. In the event that an informal resolution cannot be achieved and formal disciplinary action is necessary to resolve the complaint, the University may not be able to protect the anonymity of the complainant or victim. The complainant will be advised that University policy prohibits any retaliation as a result of the complaint.
Â
9.13Â Notice to Person Alleged to Have Engaged in MisconductÂ
The Athletics Director, or his designee, shall advise the person alleged to have engaged in misconduct, at an appropriate time as to not compromise an investigation, verbally or in writing, (1) that they have alleged to have violated Athletics Department policy; (2) as much of the specifics of the allegations as to not compromise the investigation (but not the identity of the person reporting the violation, if confidentiality has been requested and can be honored); (3) that the Athletics Department complaint process and other University adjudication processes will be followed as appropriate, including the possible imposition of sanctions; and (4) contact with and/or retaliation against the complainant shall not be tolerated, with immediate suspension or termination of employment and/or Athletics Department affiliation, if retaliation does occur.
Â
9.14Â Fact FindingÂ
When informal resolution of a complaint cannot be achieved, the OEO/AA and/or the ODOS, in the case of student conduct, will conduct fact finding to verify and determine the full facts of the complaint. The designated investigative staff member(s) shall interview the complainant, the person accused, and any other individuals involved in, or witnessing, the situation.
Â
9.15Â ConclusionÂ
The OEO/AA will determine whether it is more likely than not that a violation of University policy has occurred. If a violation has occurred, the OEO/AA will make recommendations on corrective measures to the Athletics Director. In the case of student conduct, the ODOS will conduct the investigation and apply the Student Code of Conduct as appropriate.
Â
9.15.1Â Communication of the Office of Equal Opportunity Conclusion to Others
The SAA, OGC, and the Athletics Director shall receive oral and written notice of the conclusion of the investigative body.
Â
9.15.2 Communication of Athletics Director’s Decision to OthersÂ
Sanctions levied by the Athletics Director will be provided orally and in writing to the accused person and the OGC, and, when required by federal statute, to the complainant.
Â
9.15.3Â Conclusions and Sanctions
Â
9.15.3.1Â Allegations Unsupported or UnsubstantiatedÂ
The appropriate investigating department may determine that the allegations of misconduct are unsupported or unsubstantiated. In such case, a copy of the conclusion shall be provided to the employee or student and forwarded to the Athletics Director for filing in the employee’s file or noted in the student’s record within the Athletics Department. The complainant and person alleged to have engaged in misconduct will be informed of the conclusion of the investigation. Depending on the result of the fact-finding inquiry, the employee or student may or may not be cautioned regarding future conduct.
Â
9.15.3.2Â Allegations Supported and Minor Sanctions LeviedÂ
If some or all of the allegations against an employee are found to be supported by the facts, minor sanctions may levied by the Athletics Director, in consultation with Human Resources, such as:
- Warning
- Reprimand
- Probation with or without conditions,
- Requirements for restitution,
- Conditions intended to encourage personal rehabilitation, and/orÂ
- Other action as determined by the Athletics Director.
The employee alleged to have engaged in misconduct will be informed of the decision, in writing, by the Athletics Director and the complainant will be informed of an outcome by the SAA, or other involved party (as designated by the OGC).
Â
9.15.3.3Â Allegations Supported and Major Sanctions LeviedÂ
If some or all of the allegations are found to be supported by the facts and major sanctions are warranted, the possible major sanctions that could be imposed include suspension without pay or termination of employment. The person alleged to have engaged in the misconduct, and found responsible, will be informed of the decision, in writing, by the Athletics Director and the complainant, if allowed under University policy, will be informed of the outcome by the SAA, or other involved party (as designated by OGC).
Â
10Â Employee Substance Abuse Procedure Â
Â
The University of Utah is committed to maintaining a safe and healthy environment that fosters productive employees free from substantial job-performance impairment arising from the misuse of alcohol or controlled substances. The University encourages employees struggling with alcohol or other substance abuse concerns to consider the personal health and work place risks, and to seek the appropriate resources, which include:
Â
- The Employee Assistance Program;
- The University Counseling Center;
- The National Council on Alcoholism and Drug Dependence, Inc.;
- Alcoholics Anonymous, Salt Lake Central Office;
- National Institute on Alcohol Abuse and Alcoholism;
- National Institute on Drug Abuse;
- Substance Abuse and Mental Health Services Administration; and
- Drug-Free World.
Â
For more information about resources for general concerns about someone’s well-being, please visit
https://www.hr.utah.edu/benefits/eap.php, call Human Resources at 801-581-2169, or call the Employee Assistance Program at 801-587-9319. If you find that an employee is in an immediate mental health crisis and is in need emergency assistance, please reach out to emergency services such as the UNI Crisis line at 801-587-3000. Please see
https://medicine.utah.edu/gme/wellness/crisis-services.php for further resources.
Â
11Â Employee Assistance Program and Behavioral Health Coverage
Â
Each Plan Design Option includes access to theÂ
Employee Assistance Program (EAP). Services are available through the EAP for all University employees enrolled in the Employee Health Care Plan, their enrolled dependents, and other family members residing in the employee's household.
Services can be obtained through the EAP by callingÂ
(801) 587-9319Â orÂ
(800) 926-9619.
Behavioral Health Benefits must be accessed through the EAP for the maximum benefit. The EAP will be the first point of contact for those seeking help. If the individual’s needs are beyond the scope of the EAP, the individual will be referred to an appropriate Behavioral Health Provider. If the individual does not coordinate care through the EAP, coverage is reduced.
- The University of Utah Employee Assistance Plan (EAP) is a confidential counseling service that provides assistance with a variety of personal concerns.
- Common concerns include stress, anxiety or depression, personal and emotional issues, marital, relationship and family counseling, grief or loss, substance abuse or other addictions.
- The EAP can also provide advice and referrals to help resolve financial or legal difficulties and senior care assistance.
- Behavioral Health benefits are available for mental health needs and chemical dependency.
- EAP counselors are available during regular and extended hours, and Crisis Line support is available 24/7.
- The University has contracted with Blomquist Hale Consulting, a professional EAP firm, to provide EAP services to our employees and household members. For detailed information, please click on the following link to access the Blomquist Hale Consulting website:Â www.blomquisthale.com.
- The EAP’s licensed clinicians use a brief, solution-focused therapy model to resolve problems quickly. Using this approach, you learn to identify core issues and how to create and participate in a long-term solution.
- The services provided by the EAP are free to the employee (and their dependents), with no co-payment, deductible or insurance approval required. There is no set limit on the number of sessions provided through the EAP counselors.
- When needs exceed the scope of what is typically provided by the EAP, individuals are referred to appropriate Behavioral health network providers.
- Confidentially is guaranteed to all participants. The EAP practices strict adherence to all professional, state and federal privacy guidelines.
Â
Â
For more information about resources for general concerns about someone’s wellbeing, please visit
https://www.hr.utah.edu/awareness.php, call Human Resources at 801-585-1987, or call the Employee Assistance Program at 801-587-9319.