On the heels of the NCAA’s Board of Governor’s recent policy announcement requiring college coaches, athletics administrators and student-athletes to be educated in sexual violence prevention, eight United States Senators have forwarded a letter to the NCAA’s Commission to Combat Campus Sexual Violence.

The letter from Richard Blumenthal, Robert Casey, Jr., Al Franken, Kirsten Gillibrand, Margaret Hassan, Jeffrey Merkley, Patty Murray, and Ron Wyden

requests that the NCAA develop a “uniform policy” to formally address all prospective and current student-athletes possessing a history of sexual violence to protect all students, regardless of what college they attend.

The Senators’ letter addressed the “alarming rate” of sexual violence on college campuses.

While they recognized the challenges that NCAA member conferences and colleges face to balance student-athlete accountability, they emphasized ensuring that all students are safe on campus.

The letter acknowledged the specific steps taken by the Pac-12 conference and the University of Oregon to restrict transfer student-athletes from receiving athletic aid and participating as a student-athlete if they are unable to re-enroll at the previous school they attended because of prior misconduct while attending that prior school.

The Senators also commended Indiana University for creating a policy that makes all potential student-athletes subject to a policy that makes any athlete who previously had been convicted or pled guilty to a sexual violence felony or been held responsible for sexual violence by any university’s formal discipline policy ineligible for any athletic aid and intercollegiate competition. The Indiana University policy is believed to be the first Power Five conference school enactment to formerly ban student-athletes for sexual violence.

The NCAA has not issued a formal public response to the Senators’ letter.

 

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Photo of Gregg E. Clifton Gregg E. Clifton

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in…

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. He serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.

Prior to joining Jackson Lewis, he spent six years as Chief Operating Officer and Vice President of Team Sports for Gaylord Sports Management. He also served as President of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.

Mr. Clifton began his career as an Associate at Jackson Lewis where he focused his practice on traditional labor law. He continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.

Mr. Clifton frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is also often cited as an expert source in national news media for his commentary and opinion on legal issues in sports.