Sexual misconduct is the most heavily regulated category of prohibited conduct under the 2026 SafeSport Code. The Center for SafeSport has exclusive jurisdiction over all sexual misconduct allegations, meaning NGBs and LAOs cannot investigate or resolve these matters on their own. Given the severity of the potential sanctions—up to permanent ineligibility—anyone facing such an allegation needs to understand exactly what the Code prohibits.
The Eight Categories of Sexual Misconduct
The Code defines eight distinct types of sexual misconduct. Sexual Harassment covers unwelcome physical or verbal conduct, or any written, pictorial, or visual communication directed at someone because of their sex or sexual orientation, when it creates a hostile environment or is tied to conditions of participation. Nonconsensual Sexual Contact includes any intentional touching of a sexual nature without consent. Nonconsensual Sexual Intercourse covers any penetration without consent.
Sexual Exploitation involves voyeurism, non-consensual recording or sharing of sexual activity or intimate images, and related conduct. Exposing a Minor to Sexual Content or Imagery prohibits adults from intentionally showing minors pornographic or sexual material. Sexual Bullying Behavior addresses repeated or severe sexual behaviors directed at minors. Sexual Hazing covers sexual conduct used as a condition of group acceptance. Finally, the Code includes a catch-all for Other Inappropriate Conduct of a Sexual Nature.
Consent Under the Code
The Code’s definition of consent is central to many sexual misconduct allegations. Consent must be informed, voluntary, and active—demonstrated by clear words or actions. Previous consent does not imply future consent, and consent can be withdrawn at any time. Critically, consent cannot be obtained by force, from someone who is incapacitated, from someone who lacks legal capacity (anyone under 18), or when a power imbalance exists.
The Code does provide a close-in-age exception: if the age difference between the parties is no more than three years and no power imbalance exists, a minor may not lack legal capacity to consent. But even then, lack of consent may be present on other grounds.
Power Imbalance and Its Effect
A power imbalance is presumed in any coach-athlete relationship and in any relationship where one person has authority over another. This presumption continues for minor athletes until they reach age 25, even after the coach-athlete relationship ends. When a power imbalance exists, consent cannot be given, making any sexual contact a potential Code violation.
If you are facing allegations of sexual misconduct in a SafeSport proceeding, the consequences can be life-altering. At The Chetson Firm, we have experience defending individuals against these serious charges. Contact us for a confidential consultation.
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