When a report reaches the U.S. Center for SafeSport, a complex process begins. Understanding how the Center investigates and resolves allegations is essential for anyone who may become a respondent, claimant, or witness in a SafeSport proceeding.
How an Investigation Begins
The Center notifies the relevant NGB or the USOPC, conducts a preliminary inquiry, and, if appropriate, undertakes a full investigation. The standard of proof is preponderance of the evidence—meaning “more likely than not.” The Center bears the burden of gathering sufficient evidence to reach its determination.
Importantly, there is no statute of limitations. The Center can investigate conduct regardless of when it occurred. Past conduct is considered relevant to a participant’s current fitness to participate in sport.
Types of Resolution
The Code provides several paths to resolution. A Conditional Resolution may be offered to respondents who were minors under 13 at the time of the misconduct, or adults with intellectual or developmental disabilities. It is not an admission of misconduct and is not eligible for arbitration. An Alternative Resolution is similar but available to respondents who were minors between 13 and 17. It requires the respondent to acknowledge behavior that may have violated the Code.
An Informal Resolution gives the respondent an opportunity to accept responsibility and resolve the matter with an agreed-upon sanction. It is final, binding, and not eligible for arbitration. A Formal Resolution occurs after the Center issues an Investigative Report and Notice of Decision, and the respondent may request arbitration.
The Center may also administratively close a matter for reasons including no applicable policy, a previously adjudicated matter, an admonishment, or a deceased respondent. Cases can be placed on administrative hold when there is insufficient information to proceed, or on jurisdictional hold when the respondent is not currently in sport.
Participation and Rights
The parties to an investigation are the Center and the respondent. Both the claimant and respondent have the opportunity to submit information, identify witnesses, and suggest questions for the investigator. Neither is required to participate, but if a respondent declines, the Center will decide based on available evidence. Respondents have the right to written notice of allegations, legal counsel, an opportunity to be heard, a reasoned written decision, and the ability to challenge through arbitration.
Evidence not provided to the investigator before the Notice of Decision generally cannot be introduced later at arbitration. This makes early engagement in the process critically important.
If you are facing a SafeSport investigation, having experienced legal counsel from the start can make a significant difference. Contact The Chetson Firm to learn how we can help.
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