An Athlete’s Guide to SafeSport: What to Expect During an Investigation

We are a private law firm. We are not the United States Center for SafeSport. 

The phone call comes out of nowhere. An email lands in your inbox. Suddenly, you're facing SafeSport allegations that could destroy everything you've worked for in sport. Your first instinct might be panic, but panic won't save your career. Knowledge will.

SafeSport investigations are high-stakes battles where careers hang in the balance, but you're not powerless. The experienced lawyers at Global Sports Advocates can help safeguard your rights and your ability to compete in the sport you love.

What You're Up Against

The SafeSport Code casts a wide net, applying to all participants in the U.S. Olympic and Paralympic Movement—athletes, coaches, trainers, officials, volunteers, and contracted individuals. The allegations you may face can fall into several serious categories:

• Sexual misconduct. Sexual misconduct encompasses sexual harassment, non-consensual sexual contact, sexual exploitation, and bullying of a sexual nature, representing some of the most serious charges that carry the harshest potential penalties in SafeSport proceedings.
• Emotional misconduct. Emotional misconduct includes verbal acts, physical intimidation, denial of support, and stalking behaviors that are designed to or result in creating hostile environments for participants in sports.
• Physical misconduct. Physical misconduct involves any intentional contact or non-contact behavior that causes or threatens physical harm to another person, including actions such as withholding proper nutrition or necessary medical care.
• Bullying and cyberbullying. Bullying and cyberbullying consist of aggressive behavior that is intended to harm, intimidate, or control another person, whether these actions occur in person or through online platforms and digital communications.
• Hazing. Hazing refers to activities that humiliate, intimidate, or create a risk of physical or psychological harm to individuals as a condition of membership or participation in sports organizations or teams.
• Failure to report. Failure to report occurs when individuals do not report known allegations of misconduct to SafeSport as required by the SafeSport Code, making them subject to violations themselves.

What to Expect From the Investigation

Stage 1: Reporting and Intake

When a complaint is filed against you, the Center for SafeSport will verify jurisdiction and determine whether the allegations fall within its authority. You may not even know an investigation has begun at this stage.

Stage 2: Investigation

This is where your defense becomes critical. A SafeSport investigator will interview witnesses and review evidence using the "preponderance of the evidence" standard—meaning they only need to find it's "more likely than not" that a violation occurred. This is a much lower burden of proof than criminal court's "beyond a reasonable doubt" standard. Evidence that wouldn't support a criminal conviction can still result in SafeSport sanctions.

Stage 3: Resolution

The Center issues a decision on whether a Code violation occurred and determines appropriate penalties. This decision can be appealed to an independent arbitrator—often your only chance to challenge the findings.

Potential Sanctions

The consequences of a SafeSport violation can be career-ending. Sanctions are determined based on factors including the type and severity of alleged misconduct, whether minors were involved, and if the conduct represents an ongoing threat.

Potential sanctions include:

• Written warning. A written warning serves as official notice that places you on notice for future violations, and while this sanction may seem minor, it creates a permanent record in your file that can significantly impact how future allegations against you are evaluated and penalized.
• Probation. Probation means you will be monitored for a specified period during which any future violations could potentially result in much harsher penalties. This sanction may include specific conditions or restrictions placed on your activities within the sports community.
• Suspension or eligibility restrictions. Suspension or eligibility restrictions constitute a complete ban from competition and participation for a set period of time, which can destroy your career momentum and earning potential. Reinstatement may require meeting specific conditions determined by SafeSport.
• Permanent ineligibility. Permanent ineligibility effectively bans you for life from participating in any capacity within Olympic and Paralympic sports.
• Additional discretionary sanctions. Additional discretionary sanctions can include no-contact orders, loss of specific privileges, mandatory education programs, or other conditions that SafeSport deems necessary or appropriate based on the circumstances of your particular case.

Additionally, for sanctions that restrict your ability to participate in sport, SafeSport will often post your name and information in its public database. 

The Value of SafeSport Legal Representation

SafeSport proceedings operate under unique rules and procedures that differ significantly from criminal and civil courts, with career-ending consequences hanging in the balance. The attorneys at Global Sports Advocates provide essential protection by developing defenses tailored to SafeSport's specific standards, preserving critical evidence before it disappears, navigating complex procedural requirements and deadlines, managing all communications with investigators to protect your rights, and preparing for potential appeals from the outset.

The lower burden of proof in SafeSport proceedings means allegations that wouldn't support a criminal conviction can still destroy your career. Don't face these high-stakes proceedings alone—Global Sports Advocates has the knowledge and experience to guide you through every stage of the SafeSport process and fight to protect your reputation and your future in sport.

Frequently Asked Questions About SafeSport Investigations

How do I know if SafeSport has jurisdiction over my case?

SafeSport has authority over all participants in the U.S. Olympic and Paralympic Movement, including athletes, coaches, trainers, officials, volunteers, and contracted individuals. If you participate in a sport governed by a National Governing Body (NGB) or Paralympic Sport Organization (PSO), you likely fall under SafeSport jurisdiction.

What should I do if I receive a notice from SafeSport?

Contact an experienced SafeSport attorney immediately. Do not respond to SafeSport or provide any statements without legal counsel. Everything you say can be used against you, and the investigation process moves quickly with strict deadlines.

Can I be sanctioned for something that happened years ago?

Yes. SafeSport has no statute of limitations, meaning you can face sanctions for conduct that allegedly occurred decades ago. This makes early legal representation even more critical to help locate evidence and witnesses from years past.

What is the "preponderance of the evidence" standard?

This means SafeSport only needs to find it's "more likely than not" (greater than 50%) that a violation occurred. This is much lower than the "beyond a reasonable doubt" standard used in criminal court, making it easier for SafeSport to impose sanctions.

Can I appeal a SafeSport decision?

Yes, after SafeSport makes a decision, you can appeal to an independent arbitrator, but appeals have strict deadlines.  In fact, arbitration may be your only opportunity to challenge SafeSport’s evidence and cross-examine witnesses before an independent arbitrator. 

How long do SafeSport investigations take?

Investigations can take anywhere from several months to over a year. The timeline depends on the complexity of the case, number of witnesses, and availability of evidence. Temporary measures may be imposed during the investigation.

What are temporary measures?

SafeSport can impose temporary restrictions while an investigation is pending, such as prohibiting you from coaching minors, having unsupervised contact with athletes—or even suspending you during the investigation. These measures can effectively end your career even before a final decision.

Can I challenge the temporary measures?

Yes, you can challenge SafeSport’s temporary measures by requesting a temporary measures hearing before an independent arbitrator.  Our attorneys have handled many temporary measures hearings against SafeSport and routinely succeed in reducing or eliminating the temporary measures. 

Can I continue coaching or competing during an investigation?

This depends on whether temporary measures have been imposed. Without temporary measures, you can typically continue your activities, but any additional allegations during the investigation can severely impact your case.

What if I'm found not guilty in criminal court?

A criminal acquittal does not protect you from SafeSport sanctions. The different burden of proof means SafeSport can still find you violated the Code even if a criminal court found you not guilty.