University at Buffalo Division of Athletics Student-Athlete Arrest Policy
Misdemeanor Arrest, Charge, Conviction or Plea of No Contest
Any student-athlete who is arrested, charged, convicted or pleads no contest to a misdemeanor charge (other than gambling or game fixing and other than minor traffic infractions) must report the offense as quickly as possible, but in any event, within 48 hours of his or her release from custody, to the Director of Athletics and the Head Coach. Failure to report the incident within 48 hours to the Head Coach and Director of Athletics will result in automatic suspension from the team and/or revocation of any athletic scholarship.
Any student-athlete who is arrested, charged, convicted or pleads no contest to a misdemeanor charge (other than gambling or game fixing and other than minor traffic infractions) will then be subject to a review process. The Director of Athletics will review the charges and all of the surrounding circumstances. The Director of Athletics may then impose sanctions. The factors that will be considered include, but are not limited to:
- Nature of charge (violent or nonviolent)
- Prior behavior
- Self disclosure of the violation
- Cooperation during the investigation
- Alcohol and/or drug use
- Consistency with regard to handling of other cases
The Director of Athletics may then impose sanctions that may include, but are not limited to:
- Community Service
- Restricted use of athletic services or facilities
- Suspension from play and/or practice for a specified period of time
- Dismissal from the team
- Revocation of athletic scholarship
This review process will be utilized when the Director of Athletics first learns of the arrest and/or charge. This review process will be utilized again, in its entirety, if there is a conviction and/or plea of no contest resulting from the arrest and/or charge. The student-athlete may appeal any decision made pursuant to this review process by following the appeals procedure outlined in this policy.
Felony Arrest and/or Charge
Any student-athlete arrested and charged with a felony, or with a crime involving gambling or game fixing under New York State law or any other jurisdictional equivalent, shall be suspended automatically from practice and playing privileges until the charges are dropped, dismissed or otherwise resolved. The student-athlete may appeal this decision pursuant to the Appeals Procedure outlined in this policy.
Felony Conviction or Plea of No Contest
Any student-athlete convicted of or pleading no contest to a felony charge or a gambling or game fixing charge under New York State law or any other jurisdictional equivalent shall be permanently dismissed from the team. The student-athlete shall retain his/her grant-in-aid for the remainder of the academic year. The Division of Athletics shall recommend non-renewal of the scholarship to the Office of Financial Aid for any succeeding academic years. The student-athlete may appeal this decision pursuant to the Appeals Procedure outlined in this policy.
Any disclosure of sanctions will be made in accordance with State and Federal law.
University at Buffalo Student Conduct Code
The process outlined for misdemeanor arrest, charge, conviction and/or plea of no contest may be followed in the event that a student-athlete is found responsible of a violation of the University at Buffalo Student Rules and Regulations. Any conduct by a student-athlete that is a violation of the University’s Student Code of Conduct will be referred to the Office of Judicial Affairs and Student Advocacy for campus disciplinary action, in addition to any action taken by the Division of Athletics.
Student-athletes are also responsible for notifying the Director of Athletics and the Head Coach at the time of the incident or at the latest within 48 hours of notification of disciplinary action from the Office of Judicial Affairs and Student Advocacy.
Any student athlete sanctioned under these procedures may appeal within five (5) business days of the date of the written notice confirming the disciplinary sanctions. The appeal should be made in writing to the Director of Athletics. The Appeals Committee will review all relevant information, and may, at its discretion, interview pertinent witnesses. Both the student-athlete and the Director of Athletics may submit written statements or other relevant and material evidence for review by the Appeals Committee. The Appeals Committee will review all appeal requests. The Appeals Committee shall consist of:
- The NCAA Faculty Athletics Representative
- The Chair of the Intercollegiate Athletics Board (IAB)
- A representative from the Office of Judicial Affairs
- The Assistant Athletic Director for Compliance
The Appeals Committee will issue its decision within ten (10) business days of the appeal. The decision of the Appeal Committee will be final.