Watch the webinar here: https://youtu.be/Qo8a2o2mtOY

1. NCAA Compliance:
Raising the Bar to
Prevent Sexual Assault
John Long
Of Counsel
Jackson Lewis
Holly Rider-Milkovich
Senior Director
EVERFI
Jennifer Ouyang
Vice President
EVERFI
Gregg Clifton
Collegiate and
Professional Sports
Practice Group
Jackson Lewis

2. Jennifer Ouyang
Vice President, EVERFI
Your Presenters
Collegiate and sports lawyer counseling
institutions in NCAA compliance, NCAA
Academic Performance and Title IX
Supports campuses to deploy compliance
and prevention programs
Advisory committee member for NCAA
Tool Kit and two decades of sexual assault
prevention experience
John Long
Of Counsel, Jackson Lewis P.C.
Holly Rider-Milkovich
Director, Prevention Education,
EVERFI
Collegiate and professional sports
lawyer focused on compliance,
investigatory matters and disciplinary
hearings
Gregg Clifton
Principal, Collegiate and
Professional Sports Practice
Group, Jackson Lewis P.C.

3. Has your institution already satisfied the requirements
for the NCAA Board of Governors Policy on Sexual
Violence?
POLL

4. Webinar Agenda
1 Legal considerations for athletic programs
2 What do we know about college athletes?
3 Maximizing the value of technology

5. Legal Considerations for Athletic Programs

6. ● 1 in 5 women are sexually assaulted while in college
● Nearly 1 in 4 undergraduate women report unwanted
sexual contact during college
● Less than 5% of rapes and attempted rapes of college
students are reported to campus authorities or law
enforcement.
● 89% of college campuses disclosed ZERO reported
incidences of rape in 2015
National Sexual Violence Statistics

7. College Athletes and Sexual Violence
Division I football
games increase the
rate of sexual
assault among
17-24 year olds by
28%

8. College Athletes and Sexual Violence
● Home football games increase reports of rape by 41%
● Per year, that means there are between 253 and 770
additional rapes per year across the 128 schools participating
in FBS football because of the spikes in partying that
accompany football games.
● Largest spikes after “upset” wins

9. ● Of the 46% of participants who engaged in sexually coercive behaviors on
campus, over ½ were intercollegiate or recreational athletes (Young,
Desmarais, Baldwin, and Chandler 2016)
● On average, college athletes are more likely to identify with
hypermasculinity (Murnen and Kohlman)
● Student-athletes are more likely to misunderstand “consent” (McGovern
and Murray)
● Some sports disproportionately represented in sexual assault cases
(Laura Finley): Football, Basketball, Hockey, Wrestling
College Athletes and Sexual Violence

10. August 2014: NCAA Board of Governors (formerly the “executive committee”)
issues a resolution clarifying expectations for athletic departments regarding
sexual violence.
• Athletics should not investigate or adjudicate incidents
• Athletics should cooperate with appropriate investigating authorities
• Athletics should comply with federal and state regulations
• Athletics should provide education regarding sexual violence
August 2017: NCAA Board of Governors takes further action
● Athletics must provide education regarding sexual violence on an
annual basis
NCAA Changing Expectations

11. Policy in Effect
Policy goes into effect
immediately upon
announcement
Sign-Off Form Available
Form for annual attestation
went live electronically
Sign-Off Deadline
Attestation form must be
submitted with proper sign-off
Board of Governors Report
List of compliant schools will be presented
to BoG and published on ncaa.org
Mar 1
2018
May 15
2018
August
2018
http://www.ncaa.org/sport-science-institute/ncaa-board-governors-policy-campus-sexual-violence-faq
NCAA New Policy Timeline
Aug 17
2017

12. NCAA Policy Overarching Principles
• Be fully knowledgeable about and integrated in campus
policies and processes, particularly re: incident adjudication
and resolution
• Review recommendations of NCAA Sexual Violence
Prevention Tool Kit, using it as a guide to conduct ongoing,
comprehensive education
• Utilize platform as an athlete to serve as campus leaders
through engagement and collaboration on efforts to support
prevention initiatives

13. NCAA Annual Attestation
NCAA member institution’s president or chancellor, athletics director and Title IX coordinator — must
attest annually that coaches, athletics administrators and student-athletes were educated in sexual
violence prevention. The institution must declare by May 15th 2018 that:
1. The athletics department is fully knowledgeable about, integrated in, and compliant with
institutional policies and processes regarding sexual violence prevention and proper adjudication and
resolution of acts of sexual violence.
2. The institutional policies and processes regarding sexual violence prevention and adjudication, and
the name and contact information for the campus Title IX coordinator*, are readily available within the
department of athletics, and are provided to student-athletes.
3. All student-athletes, coaches and staff have been educated on sexual violence prevention,
intervention and response, to the extent allowable by state law and collective bargaining agreements.

14. Safe Sport Legislation
The "Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act
of 2017" addresses the circumstances that led to the sexual assaults of young
athletes at a Michigan State University under the guise of medical treatment. The
Act requires all organizations with facilities used by amateur sports organizations
that compete in interstate or international competitions to:
● Provide training on reporting and preventing child abuse (emotional,
physical, and sexual) to all adults who have regular contact with young
amateur athletes
● Provide training on sexual abuse prevention and reporting to young
athletes, subject to parental consent

15. Head Coach Responsibility
NCAA Division I Bylaw 11.1.1.1 states that a head coach is presumed to be
responsible for the actions of all staff members who report, directly or
indirectly, to the head coach. The head coach will be held accountable for
violations in the program unless he or she can rebut the presumption of
responsibility.

16. What We Know About College Athletes

17. Athlete Climate Insights
Q: If you have witnessed or
experienced harmful language
or bullying

18. Athlete Experiences with Violence
n=9769
17.3% female/3.9% male
athletes experienced
unwanted sexual contact
12.8% female/2.6% male
athletes experienced
violence prior to arrival

19. Athletes as Upstanders
TYPE OF INTERVENTION YES NO N/A %
I spoke up when I heard someone saying something I
found offensive or demeaning.
39.7% 3.7% 55.5% 91%
I stepped in to stop behavior that promoted bullying or
hazing.
26.2% 2.5% 69.9% 91%
I expressed concern when I saw a person exhibiting
abusive behavior toward another person.
23.7% 1.5% 73.3% 94%
I intervened when I saw someone trying to take
advantage of someone else sexually.
11.9% 1.7% 84.9% 88%
n=2270

20. Athletes as Upstanders
Direct Distract Delegate Delay
83%
Asking if person needs
help
70%
Separating
the people
48%
Confronting person
causing harm
66%
Distracting people
to disengage
70%
Finding friends of
involved person
64%
Stepping in
as a group
60%
Telling an
authority
69%
Following up
later to check in
n=2270

21. Athlete Perspectives & Experiences
60%
Think sexual
assault is a problem
at their school
Think they can play a role
in preventing sexual
assault at their school
40% 6%
Plan to be, or are
already, involved in
sexual assault prevention
n=2270

22. Maximizing the Value of Technology

23. CHALLENGE #1
Alignment
with NCAA
Tool Kit
CHALLENGE #2
Athletic
specific
content
CHALLENGE #3
Scope and
flexibility of
deployment
CHALLENGE #5
Evaluating
and reporting
impact
CHALLENGE #6
Annual
attestation
report
CHALLENGE #7
Meeting
compliance
timeline
CHALLENGE #4
Tracking
and reporting
participation
Training Challenges

24. Student Athlete: Sexual Assault Prevention
● Student-athlete tailored annual ongoing
training course;
● Specific student-athlete scenarios, Tool Kit
aligned learning objectives, institutional
policies, athletics video uploads.
● Length: 30 minutes
Athletic Staff: Sexual Assault Prevention
● Coaches and Athletic Administrator tailored
ongoing training course;
● Specific athletic-staff scenarios, Tool Kit
aligned learning objectives, institutional
policies, athletics video uploads.
● Length: 30 minutes
EVERFI Athletics Program
Athletics Platform Features
● Dedicated Athletics Compliance
Platform for student and staff course
delivery and tracking. Platform
includes standard course
customizations, policies, assessments,
surveys, completion tracking, and
attestation summaries.
● Dedicated customer success manager
for 2017-18 implementations,
integrations, and platform training.
● NCAA Peer Institution Benchmarking.

25. Delivered at Key
Time Periods
Dedicated
Platform 24/7
Real time
Informed by
Evidence
Content
developed by
leading
prevention &
compliance
experts
Comprehensive,
Ongoing Training
Annual ongoing
courses for
Student-athletes
& Athletics staff
24/7 Platform
tracking
Addresses
Alcohol & Drugs
Includes
intersectionality
of sexual violence
and AOD
Evaluated for
Impact
Surveys and
assessments built
into courses
Alignment with NCAA Toolkit
CHALLENGE #1

26. ❏ Healthy relationships
❏ Sexual violence prevalence
❏ Sexual violence attitudes
❏ Harassment
❏ Hazing and bullying
❏ Stalking
❏ Discrimination
❏ Alcohol and drugs
❏ Respectful communication
❏ Negotiating consent
❏ Active listening
❏ Managing referral process
❏ Impact of harmful language
❏ Bystander Intervention
❏ Compliance, accountability,
and sanctions
Alignment with NCAA Toolkit
CHALLENGE #1

27. ❏ Athletics Specific Scenarios
❏ Custom Athletics
Logos/Images
❏ Custom Athletics Videos
❏ Custom Policies and
E-signature
❏ Customized Communication
Templates
Athletic Specific Content
CHALLENGE #2

28. Email
Reminders
Training
Records in
Real Time
Registration
Automation and
Integration
Electronic Policy
Signature-E-
Signature
Single Sign On (SSO)-
Shibboleth
Scope and Flexibility of Deployment
CHALLENGE #3

29. Tracking Participation
CHALLENGE #4
Attestation Records
Completion Goal
Tracking
Reminder Emails/
Coach Notifications

30. Evaluating and Reporting Impact
CHALLENGE #5

31. Bystander
Intervention
+2.7
Confidence
in Ability to
Intervene
Positive Peer
Norms
+5.5
Believe Peers
Would Take
Action
Knowledge and
Awareness
+7.7
Aware of
Support
Resources
Knowledge and
Awareness
+6.5
Know How to
Report SA
Survivor Support
+6.4
Believe
Survivor Not
to Blame
Positive Peer
Norms
+7.6
Believe Peers
Would Not Engage
in Sex If Other
Person Drunk
Gender
Stereotypes
-6.6
Endorse
Gender
Stereotypes
CHALLENGE #5
Demonstrating Impact

32. NCAA POLICYTITLE IX CLERY ACT
President/Chancellor,
Title IX Coordinator,
& Athletic Director
must attest that
student and staff
training has been
delivered annually
Schools must put forth
a “good faith effort” to
train students, staff,
and faculty each year
“Responsible employees”
must receive training on
resources, laws, policies
Raising the Bar on Compliance
CHALLENGE #6

33. Annual Attestation Report
CHALLENGE #6

34. Policy in Effect
Policy goes into effect
immediately upon
announcement
Sign-Off Form Available
Form for annual attestation
went live electronically
Sign-Off Deadline
Attestation form must be
submitted with proper sign-off
Board of Governors Report
List of compliant schools will be presented
to BoG and published on ncaa.org
Mar 1
2018
May 15
2018
August
2018
http://www.ncaa.org/sport-science-institute/ncaa-board-governors-policy-campus-sexual-violence-faq
NCAA Policy Timeline
Aug 17
2017
CHALLENGE #7

35. Sample Implementation Timeline
End of
March
Kick Off Call
● Introduction
● Onboarding
● Training goals
● Upload customizations
Course Launch
● Account is live
● Participants receive
prompt to register and
complete training
● Admin tracks progress
in platform & can send
reminder emails via
the platform
APR
1-30
Confirm Sign Off
● Last stragglers
● Download data reports
● Counsel approval if needed
● Attestation sign off
MAY
15
CHALLENGE #7

36. EVERFI Athletic Customers

37. Are you interested in learning more about
EVERFI’s Athletics focused Sexual Assault
Prevention Programming ?
POLL

38. Are you interested in learning more about
Jackson Lewis’ NCAA focused legal services?
POLL