When the Center for SafeSport issues a Notice of Decision finding that a respondent violated the Code, the respondent has 10 business days to request arbitration. This is the sole mechanism for challenging the Center’s findings and sanctions, and the arbitration decision is final and binding with no appeal. Understanding how this process works—and the tight timelines involved—is critical for anyone facing a SafeSport decision.
Initiating Arbitration
After requesting arbitration and paying the required fees, the arbitration body sends both parties a list of nine arbitrators. Each side may strike up to two names, and an arbitrator is appointed from the remaining pool. All arbitrators must be attorneys or retired judges who have completed specialized SafeSport training, including trauma-informed approaches in sport.
Within 7 calendar days of the arbitrator’s appointment, the respondent must provide a written answer to the Notice of Decision, including a factual rebuttal, the defenses they intend to raise, and the documentary evidence and witnesses they plan to present. This is a critical deadline: evidence that was available during the investigation but not provided to the Center before the Notice of Decision will generally be inadmissible at arbitration.
The Hearing Process
The arbitrator holds a pre-hearing conference within 10 to 14 calendar days of appointment to address scheduling and procedural issues. Briefing follows a set schedule: the Center’s opening brief is due 21 calendar days after the pre-hearing conference, the respondent’s response 14 days after that, and the Center’s reply 7 days later. The hearing should be completed within 10 calendar days of the Center’s reply brief.
Hearings are conducted telephonically or by videoconference unless extraordinary circumstances warrant an in-person proceeding. The standard of proof is preponderance of the evidence. Strict rules of evidence do not apply, and hearsay may be considered. The Center presents its case first, followed by the respondent, with the Center permitted rebuttal evidence.
Claimants are not parties but have the right to be present. A claimant is questioned only by the arbitrator unless they agree to direct and cross-examination by the parties. The parties may submit proposed questions to the arbitrator for the claimant, but the arbitrator decides which questions are appropriate. Minors presumptively do not testify live and can only be asked to do so in exceptional circumstances.
The Decision and Its Finality
The arbitrator must issue a written, reasoned decision within 14 calendar days of the close of evidence. If no violation is found, the Center reimburses the respondent for all arbitration fees. If the respondent prevails on some but not all violations, the arbitrator has discretion to allocate fees. The decision is final and binding—there is no appeal, and the parties waive any right to challenge it in court.
For sanctions-only hearings (where the violation is conceded or established as a per se violation), the arbitrator reviews whether the Center abused its discretion in setting the sanction, a high bar to clear.
The arbitration process under the SafeSport Code is fast-moving and technically demanding. Having a SafeSport defense attorney who understands the procedures, the evidence rules, and the strategic considerations involved can be the difference between a career-ending sanction and a successful challenge. Contact The Chetson Firm to discuss your case.
Previous in this series: SafeSport Sanctions: The Consequences of Code Violations