Q: What’s the difference between how SafeSport handles sexual misconduct versus emotional misconduct?
A: SafeSport treats sexual misconduct allegations very differently from other types of claims. The most important distinction is jurisdiction: SafeSport has exclusive jurisdiction over sexual misconduct and child abuse, meaning no other organization in the Olympic movement can investigate these cases independently.
Exclusive vs. Discretionary Jurisdiction
Sexual misconduct and child abuse fall under SafeSport’s exclusive authority — no NGB, club, or organization can investigate independently. Emotional misconduct, bullying, hazing, and harassment fall under discretionary jurisdiction, where SafeSport may choose to investigate but other organizations may also take action.
Investigation Procedures
Sexual misconduct cases typically involve more intensive investigation procedures, longer timelines, and more serious potential sanctions. Temporary measures are almost always imposed immediately. The standard of proof is preponderance of the evidence for all SafeSport cases.
Potential Sanctions
For sexual misconduct involving a minor, permanent ineligibility is the presumptive sanction. For adult-on-adult sexual misconduct, sanctions range from probation to permanent bans. For emotional misconduct and bullying, sanctions typically range from warnings to suspensions.
Defense Implications
Because the stakes are so much higher in sexual misconduct cases, the defense strategy must be correspondingly more thorough. An experienced SafeSport defense attorney who also understands sex offense defense can tailor the approach to the specific type of allegation.
Related Practice Areas
SafeSport Defense | Sex Offenses 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.