Q: SafeSport found me in violation of the Code. Can I appeal?
A: Yes. SafeSport decisions can be challenged through arbitration. However, the arbitration process has its own rules, timelines, and strategic considerations that require experienced legal guidance.
The Arbitration Process
After SafeSport issues a final decision, respondents have the right to appeal through arbitration conducted by an independent arbitrator. The arbitrator reviews the evidence and can affirm, modify, or reverse the SafeSport decision.
Strategic Considerations
Arbitration is not a simple do-over. The arbitrator reviews the record developed during the SafeSport investigation. If you did not effectively present your defense during the investigation phase, you may be limited in what you can present at arbitration. This is why having a SafeSport defense attorney from the beginning is so important.
The Risks of Arbitration
If the complainant also appeals, the arbitrator could increase the sanction. The process may require reinterviewing witnesses and revisiting evidence, which can be difficult for all parties. There have been cases where respondents facing serious allegations avoided permanent sanctions through arbitration, drawing criticism from athlete advocates.
The Importance of Early Defense
The best appeal is one you never have to file. Building a strong defense from the start of the investigation gives you the best chance of a favorable outcome without the cost and risk of arbitration.
Related Practice Areas
SafeSport Defense | The Chetson Firm
This post is for informational purposes only and does not constitute legal advice. Contact The Chetson Firm at (919) 352-9411 for a confidential consultation.