Q: Does SafeSport have to give me the same rights as a criminal court?
A: No. SafeSport is a private organization, not a government entity, so constitutional due process protections do not directly apply. However, you still have important rights within the SafeSport process, and an attorney can help ensure those rights are respected.
What Rights You Have
You have the right to be notified of the allegations, to respond to the allegations, to present evidence and identify witnesses, to have an attorney or advisor, and to appeal through arbitration.
What Rights You Do NOT Have
You do not have the right to confront your accuser face-to-face, to a public hearing, to have an attorney present inside SafeSport interviews (though you can consult with one), to a jury, or to the presumption of innocence. SafeSport uses a “preponderance of the evidence” standard — they only need to find it more likely than not that a violation occurred.
Why This Matters
The lack of formal due process protections has been a major point of criticism. Career-ending sanctions can be imposed through a process that lacks many safeguards found in legal proceedings. This makes having an experienced SafeSport defense attorney even more critical — your attorney fills the due process gap by ensuring your rights within the system are maximized.
Related Practice Areas
SafeSport 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.