If you’re an athlete, coach, trainer, or administrator involved in Olympic or Paralympic sports in the United States, you may have heard of the U.S. Center for SafeSport. But few people fully understand the scope of SafeSport’s authority, where that power comes from, or how it affects their legal rights. Understanding these issues is critical for anyone facing a SafeSport investigation.
The Legal Foundation of SafeSport
The U.S. Center for SafeSport was established in 2017 following a series of high-profile abuse scandals in Olympic sports—most notably the Larry Nassar case involving USA Gymnastics. Congress responded by passing the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017, which amended the Ted Stevens Olympic and Amateur Sports Act to create SafeSport as an independent organization with specific authority over abuse allegations in Olympic sports.
Under federal law, SafeSport has exclusive jurisdiction over allegations of sexual misconduct involving participants in the U.S. Olympic and Paralympic Movement. This means that when someone files a complaint alleging sexual misconduct against a coach, athlete, or administrator, neither the United States Olympic and Paralympic Committee (USOPC) nor the relevant National Governing Body (such as USA Swimming, USA Gymnastics, or US Rowing) can conduct their own investigation. Only SafeSport can investigate and resolve these allegations.
SafeSport also has discretionary jurisdiction over other types of misconduct, including emotional abuse, physical abuse, bullying, hazing, and harassment. In these cases, SafeSport can choose whether to accept the case or refer it back to the National Governing Body for resolution.
What Makes SafeSport Different From Criminal Court
Many people facing SafeSport investigations are surprised to learn that SafeSport operates very differently from the criminal justice system. SafeSport is not a law enforcement agency and cannot bring criminal charges. It cannot send anyone to jail. What it can do is impose sanctions ranging from warnings and probation to lifetime bans from participation in Olympic sports.
Perhaps most significantly, SafeSport uses a “preponderance of the evidence” standard—not the “beyond a reasonable doubt” standard required in criminal cases. This means SafeSport investigators only need to find that it is more likely than not (greater than 50%) that misconduct occurred. Additionally, SafeSport has no statute of limitations. The organization has issued bans based on conduct alleged to have occurred decades earlier.
The Due Process Question
Critics of SafeSport have raised significant concerns about due process protections for those accused of misconduct. Unlike criminal defendants, individuals facing SafeSport investigations do not have constitutional due process rights in the traditional sense. The Supreme Court addressed a related issue in San Francisco Arts & Athletics, Inc. v. United States Olympic Committee (1987), holding that the USOC is not a government actor despite its federal charter. This precedent has been cited to argue that SafeSport, as a private nonprofit organization, is similarly not bound by constitutional due process requirements.
However, the SafeSport Authorization Act does require that SafeSport provide “procedural due process” to individuals under investigation. This includes written notice of allegations, the opportunity to respond before final sanctions are imposed, and the ability to challenge interim measures or sanctions through arbitration. The question of whether these procedural protections are adequate remains contested in ongoing litigation.
One significant concern is SafeSport’s authority to impose temporary measures—including suspensions—before an investigation is complete. While the law permits this, it can result in individuals being suspended from their sport for months or even years while waiting for an investigation to conclude. For professional athletes and coaches whose livelihoods depend on their participation in sport, these temporary measures can be devastating even if they are ultimately exonerated.
Protecting Yourself During a SafeSport Investigation
If you receive notice that you are the subject of a SafeSport investigation, it is critical to take the matter seriously from the outset. While SafeSport is not a criminal proceeding, its sanctions can effectively end careers and permanently damage reputations. The SafeSport database of sanctioned individuals is publicly accessible, meaning any sanctions imposed will be visible to future employers, sports organizations, and the general public.
Having experienced legal counsel can help protect your rights throughout the investigation process. An attorney familiar with SafeSport procedures can help you understand the allegations against you, prepare for investigator interviews, ensure that exculpatory evidence is properly considered, and preserve your right to appeal through arbitration if necessary. Many individuals make the mistake of assuming that because SafeSport is not a criminal proceeding, they do not need an attorney—only to find that the consequences of an adverse finding are just as severe as a criminal conviction in terms of their ability to continue working in their chosen field.
The Intersection With Criminal Investigations
SafeSport investigations can run parallel to criminal investigations, and what you say in a SafeSport proceeding could potentially be used against you in a criminal case. Recent changes to the SafeSport Code clarify that law enforcement and other entities outside the Olympic Movement may conduct concurrent investigations regarding the same allegations. This creates additional risk for individuals who may be facing both SafeSport and criminal scrutiny.
If you are facing a SafeSport investigation that involves conduct that could also be criminal, it is essential to consult with a federal criminal defense attorney who understands both systems. The strategies appropriate for defending against SafeSport allegations may differ significantly from those appropriate in a criminal case, and coordinating your defense across both proceedings requires careful consideration.
Contact The Chetson Firm
At The Chetson Firm, we represent individuals facing serious allegations that threaten their careers and reputations, including those involved in SafeSport investigations and related professional licensing matters. If you have received notice of a SafeSport investigation or are concerned about potential allegations, contact us for a consultation to discuss your rights and options.