SafeSport as a Regulatory System: What Participants Should Know

The U.S. Center for SafeSport has the authority to investigate misconduct, impose sanctions, and restrict or remove individuals from participation in sport, yet it is neither a court nor a government agency. For athletes, coaches, trainers, and sport administrators, having a basic understanding of how SafeSport operates has become an important part of participating in organized sport.

SafeSport was created by Congress through the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017. Rather than establishing a new federal agency, Congress authorized SafeSport as a private nonprofit organization. Its creation followed increased congressional attention to how misconduct allegations were handled within Olympic and Paralympic sport, including concerns raised in connection with organizations such as USA Gymnastics. SafeSport therefore operates outside the constitutional framework that governs courts and criminal proceedings, even though its decisions can carry significant professional consequences.

Who SafeSport Covers

SafeSport’s jurisdiction extends to individuals participating in Olympic and Paralympic sport in the United States. This includes athletes at all levels, coaches, trainers, officials, medical professionals, club owners, administrators, and in some circumstances parents or guardians. Membership in a National Governing Body or an affiliated organization typically requires submission to SafeSport’s authority as a condition of participation. Courts have consistently treated this arrangement as contractual in nature, rather than as a constitutional entitlement.

SafeSport is Not a Court of Law

Although SafeSport is not a court, it exercises substantial regulatory authority within the sport system. It receives and investigates reports of misconduct and may impose sanctions ranging from education and monitoring requirements to temporary suspensions or permanent ineligibility. In practice, a single determination can affect an athlete’s ability to compete or a coach’s ability to work within their sport. While these outcomes may resemble those imposed by courts or licensing boards, they arise from a private regulatory process rather than a judicial one.

Because SafeSport is not a government entity, constitutional due process protections do not apply. Participants in a SafeSport investigation do not have a Fifth Amendment right to remain silent without consequence, nor a Sixth Amendment right to confront witnesses, and SafeSport is not required to apply formal rules of evidence. Courts have upheld this framework on the basis that individuals voluntarily agree to these procedures by choosing to participate in organized sport under governing-body rules.

SafeSport Proceedings

The SafeSport process typically begins with the submission of a report, which may be made by any individual and can be anonymous. SafeSport then conducts an initial assessment to determine whether it has jurisdiction and whether the allegations fall within its authority. In some cases, interim measures such as temporary restrictions or suspensions may be imposed before the investigation is complete. The investigation itself is largely conducted through written submissions and document review, rather than live hearings. At its conclusion, SafeSport issues a written decision and, where appropriate, imposes sanctions. Certain decisions may be subject to appeal through arbitration, often under procedures administered by the American Arbitration Association.

Challenges and the Future of SafeSport 

For many individuals, the most challenging aspect of the SafeSport system is the disconnect between its private status and the public visibility of its outcomes. Although SafeSport is legally a nonprofit organization, its decisions are publicly posted and can have lasting professional and reputational effects. The process may be unfamiliar to those accustomed to traditional legal proceedings, and the timelines involved can be longer than expected.

Understanding the basic structure of SafeSport—what it is, how it functions, and why it operates outside the court system—matters for everyone involved in sport. Awareness of the process helps ensure that concerns are addressed appropriately while also promoting fairness and clarity for all parties involved, including both those who report misconduct and those who are the subject of allegations.

*** Kimbrell J. Hines is an active equestrian and an equine attorney with Turkel Cuva Barrios, P.A., d/b/a Turkel • Cuva • Barrios • Guerra. Kimbrell has extensive knowledge of the nuances of the legal and business challenges that horse owners and enthusiasts experience in the equine industry. Kimbrell represents clients in matters including injuries to horses and riders, sale and purchase contracts, leases and boarding agreements, USEF & FEI compliance and responses, and claims concerning professionals providing equine-related services. Kimbrell obtained her law degree and bachelor’s degree from the University of Florida. She also has a Master of Science in Human Resource Management from the University of Tennessee. Kimbrell may be reached at khines@tcb-law.com or 813-834-9191. 

*** This article is provided as a guide for educational purposes only. It is not intended to serve as legal advice and should not be used as a substitute for consultation with an attorney.