The Eunice Rec has adopted the following policy in order to maintain compliance with the SafeSport Act of 2017 as enacted by the U.S. Congress.
TABLE OF CONTENTS
I. Introduction 2
II. Jurisdiction 3
III. Definitions 4
IV. Prohibited Conduct 6
V. Reporting 16
VI. Background Check 18
VII. Enforcement 22
Appendix A. - Minor Athlete Abuse Prevention Policies 23
I. INTRODUCTION
There are numerous reasons to engage in recreation sports at any level, from the beginner to the Olympic athlete. People often engage in recreation sports, whether in the role of an athlete, official, staff member, or other participant, simply to have fun. In addition, recreation sports encourage a healthy lifestyle and builds self-confidence.
Unfortunately, sports can also be a risk environment for abuse. All forms of abuse are both intolerable and in direct conflict with the Eunice Rec’s goal to provide access to and increase participation in recreation sports at all levels by ensuring fairness, safety, and enjoyment.
Abuse may damage an athlete’s psychological well-being. Participants who have been mistreated may experience social embarrassment, emotional turmoil, psychological scars, loss of self-esteem, and negatively affected relationships with family and friends. Abuse often hurts a competitor’s performance and may cause him or her to drop out of sport entirely.
The U.S. Center for SafeSport (Center) is recognized by the United States Congress, the United States Olympic Committee, and the Eunice Rec as the official safe sport organization for all Olympic, Paralympic, Pan American, and Para Pan American sports in the United States. The Center promulgated a Code that binds all Participants, defined below, and subjects them to discipline for Code violations.
Participants are responsible for knowing the information outlined herein and in the Center’s Code, and by virtue of being a Participant have expressly agreed to this Safe Sport Policy and the Code, including the applicable policies and procedures.
In addition to being bound by the Center’s Code and this SafeSport Policy, all Participants in recreation sport are bound by and must comply with the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017.
All suspected child abuse, including sexual abuse must be reported to law enforcement. Additionally, suspected sexual misconduct in violation of the U.S. Center for SafeSport Code or this Safe Sport Policy must be reported to the Center at 720-531-0340 or uscenterforsafesport.org. Note: Nothing in this Policy shall be construed to require a victim of child abuse or other misconduct to self-report.
No one should investigate suspicions or allegations of child abuse or other Prohibited Conduct, or attempt to evaluate the credibility or validity of allegations as a condition of reporting to the Center or to appropriate authorities. The Eunice Rec will report allegations of child abuse, including sexual abuse, to the authorities and to the Center.
II. JURISDICTION
A. EXCLUSIVE JURISDICTION
The Center has the exclusive jurisdiction to investigate and resolve allegations that a Participant engaged in one or more of the following:
1. Sexual Misconduct, including without limitation child sexual abuse and any misconduct that is reasonably related to an underlying allegation of Sexual Misconduct;
2. Criminal Charges or Dispositions involving Child Abuse or Sexual Misconduct;
3. Misconduct Related to Reporting, where the underlying allegation involves Child Abuse or Sexual Misconduct;
4. Aiding and Abetting, when it relates to the Center’s process;
5. Misconduct Related to the Center’s Process;
6. Other Inappropriate Conduct, as defined in the Code.
B. DISCRETIONARY JURISDICTION
The Eunice Rec has jurisdiction and the Center has discretionary jurisdiction to investigate and resolve allegations that a Participant engaged in one or more of the following:
1. Non-sexual Child Abuse;
2. Emotional and physical misconduct, including stalking, bullying behaviors, hazing, and harassment;
3. Criminal Charges or Dispositions not involving Child Abuse or Sexual Misconduct;
4. The Eunice Rec Minor Protection Policies or other similar Proactive Policy violations.
The Eunice Rec may, at any point before a matter is final, impose temporary measures. Generally, temporary measures are implemented based on the severity of the allegations, the evidentiary support for the allegations, and/or the perceived risk to athletes or the sport community.
When the allegations involve child sexual abuse, the age of those allegations is not relevant to this determination. Temporary measures may include, but are not limited to, altering training schedules, providing or requiring chaperones, implementing contact limitations, implementing measures prohibiting one-on-one interactions, and suspensions from participation in some or all aspects of sport activity. If measures require monitoring or chaperoning, the Respondent may be required to locate, arrange and/or pay for some or all of those services as a condition of continued participation pending completion of the investigation.
III. DEFINITIONS
The following definitions apply to all sections of this SafeSport Policy:
a. Athlete – Any participant who participates in any the Eunice Rec Competition or the Eunice Rec sanctioned event.
b. Child, Children, Minor, and Youth- An individual who is, or is believed by the Respondent to be, under the age of 18. The terms child, children, minor, and youth are used interchangeably throughout this policy.
c. Child Abuse - The term “child abuse” has the meaning set forth in Section 203 of the Victims of Child Abuse Act of 1990 (34 U.S.C. § 20341) or any applicable state law.
d. Claimant - The person who is alleged to have experienced conduct that constitutes a Code violation.
e. Coach/Trainer - Any adult who has or shares the responsibility for instructing, teaching, schooling, training, or advising an athlete or horse in the context of recreation sport. The terms Coach and Trainer are used interchangeably throughout this policy.
f. Event - the term “Event” shall have the meaning set forth in the Victims of Child Abuse Act of 1990 (34 U.S.C. § 20341). As of the effective date of these policies and procedures, “event” includes travel, lodging, practice, competition, and health or medical treatment.
g. Interaction with athletes - contact in association with any Eunice Rec licensed, sanctioned, endorsed, or sponsored activity or federally defined Event, e.g. travel, lodging, practice, competition, and health or medical treatment.
h. Power Imbalance - a Power Imbalance may exist where, based on the totality of the circumstances, one person has supervisory, evaluative, or other authority over another. Whether there is a Power Imbalance depends on several factors, including but not limited to: the nature and extent of the supervisory, evaluative or other authority over the person; the actual relationship between the parties; the parties’ respective roles; the nature and duration of the relationship; the age of the parties involved; whether there is an aggressor; whether there is a significant disparity in age, size, strength, or mental capacity.
Once a Coach-Athlete relationship is established, a Power Imbalance is presumed to exist throughout the Coach-Athlete relationship (regardless of age) and is presumed to continue for Minor Athletes after the Coach-Athlete relationship terminates until the Athlete reaches 20 years of age.
A Power Imbalance may exist, but is not presumed, where an Intimate Relationship existed before the sport relationship (e.g., a relationship between two spouses or life partners that preceded the sport relationship).
i. Respondent - a Participant who is alleged to have violated this Policy.
j. Third-Party Reporter - reports brought by individuals other than the Claimant are referred to as “third-party reports” and those bringing them are “third-party reporters.”
k. Participant - Any individual who: (a) currently is, or was at the time of a possible Safe Sport violation, within the governance or disciplinary jurisdiction of the Eunice Rec or who is seeking to be within the governance or disciplinary jurisdiction of the Eunice Rec (e.g., through application for membership, license holder, employee), (b) is an Athlete or the Eunice Rec Designee, or (c) a participant or attendee of a Eunice Rec competition or sanctioned event, including team staff, medical or paramedical personnel, administrator, official, or other athlete support personnel, employee, or volunteer. The term the Eunice Rec Participant and Participant are used interchangeably, throughout this Policy.
l. The Eunice Rec Designee -the Eunice Rec staff, the Eunice Rec Officials, the Eunice Rec Team Coaches and Technical Advisors, or any other individual that the Eunice Rec formally authorizes, approves, or appoints (a) to a position of authority over, or (b) to have frequent contact with any Athlete as defined above.
IV. PROHIBITED CONDUCT
All Participants, as defined above, are bound by and must comply with the Center’s SafeSport Code, which can be found at uscenterforsafesport.org. The Eunice Rec hereby incorporates by reference the definitions of certain prohibited conduct from the Center’s SafeSport Code. Participants are responsible for knowing the information outlined herein and in the Center’s SafeSport Code, and by virtue of being a Participant have expressly agreed to this Safe Sport Policy and the Center’s SafeSport Code, including the applicable policies and procedures.
Participation in the Eunice Rec endorsed, sponsored, and related activities is a privilege not a right and such participation may be limited, conditioned, suspended, terminated, or denied if a Participant’s conduct is or was inconsistent with the Center’s SafeSport Code, this Safe Sport Policy and/or the best interest of sport and those who participate in it.
It is a violation of the Center’s SafeSport Code and the Safe Sport Policy for a Participant to engage in or tolerate: (1) Prohibited Conduct, as outlined in the Center’s Code; (2) any conduct that would violate any current or previous Center or the Eunice Rec standards analogous to Prohibited Conduct that existed at the time of the alleged conduct; or (3) any conduct that would violate community standards analogous to Prohibited Conduct that existed at the time of the alleged conduct, including then applicable criminal and/or civil laws.
The Eunice Rec formally adopts the definitions of Prohibited Conduct contained in the current SafeSport Code, effective February 1, 2020, and set forth below. Any changes to the Code’s categories and definitions of misconduct are immediately adopted by the Eunice Rec and effective upon the Center’s publication of them unless otherwise noted. It should be noted that criminal charges and dispositions may be defined differently for purposes of the background check policy.
Prohibited Conduct:
a. Criminal Charge or Disposition
b. Child Abuse
c. Sexual Misconduct
d. Emotional and Physical Misconduct, including Stalking, Bullying, Hazing, and Harassment
e. Aiding and Abetting
f. Other Inappropriate Conduct
g. Violation of the Eunice Rec Minor Athlete Abuse Prevention Policies/Proactive Policies
A. CRIMINAL CHARGE OR DISPOSITION
It is a violation of this Policy for a Participant to have a Criminal Charge or Disposition. Criminal Conduct is relevant to an individual’s fitness to participate in sport. The age of a Criminal Charge or Disposition is not relevant to whether a violation of this Policy occurred, but may be considered for sanctioning purposes. The Center reviews Criminal Charges or Dispositions involving sexual misconduct or child abuse de novo; any prior consideration or finding by an NGB or LAO regarding a Criminal Disposition involving sexual misconduct or child abuse is not relevant to the Center’s determination.
1. Definitions
a. Criminal Disposition
It is a violation of this Policy for a Participant to be or have been subject to any disposition or resolution of a criminal proceeding, other than an adjudication of not guilty, including, but not limited to: an adjudication of guilt or admission to a criminal violation, a plea to the charge or a lesser included offense, a plea of no contest, any plea analogous to an Alford or Kennedy plea, the disposition of the proceeding through a diversionary program, deferred adjudication, deferred prosecution, disposition of supervision, conditional dismissal, juvenile delinquency adjudication, or similar arrangement.
b. Criminal Charge, including Warrant for Arrest
It is a violation of this Policy for a Participant to have any pending criminal charge(s) or warrant(s) for arrest. When assessing whether conduct constitutes a Criminal Charge or Disposition, the Center may assess and rely upon the original charges, amended charges, or those to which a plea was entered.
2. Sex Offender Registry
A Participant who is currently on any state, federal, territorial, or tribal sex offender registry is ineligible to participate.
3. Hearing related to Criminal Charge or Disposition
A Participant who wishes to challenge the Center’s decision related to a Criminal Charge or Disposition may request a hearing concerning the sanction only pursuant to Rule-14.
If the Center renders a Decision regarding a Participant’s Criminal Charge or Disposition, and that Charge or Disposition is subsequently modified by a criminal court, the Participant may request that the matter be reopened by the Center, pursuant to Section XI(S). In instances where a pending criminal charge(s) resolves, in that the charge(s) is eventually dismissed, results in an acquittal, or results in a Criminal Disposition as defined above, a Respondent’s request to reopen will always be granted and a new Decision issued.
B. CHILD ABUSE
It is a violation of this Policy for a Participant to engage in Child Abuse.
C. SEXUAL MISCONDUCT
It is a violation of this Policy for a Participant to engage in Sexual Misconduct. Sexual Misconduct offenses include, but are not limited to:
1. Sexual or Gender-related Harassment
2. Non-consensual Sexual Contact (or attempts to commit the same)
3. Non-consensual Sexual Intercourse (or attempts to commit the same)
4. Sexual Exploitation
5. Bullying or hazing, or other inappropriate conduct of a sexual nature
1. Sexual or Gender-related Harassment
Sexual harassment is any unwelcome sexual advance, request for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, non-verbal, graphic, physical, or otherwise, when the conditions outlined in (a) and/or (b), below, are present.
Sexual harassment includes harassment related to gender, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature, when the conditions outlined in (a) and/or (b), below, are present
a. Submission to such conduct is made, either explicitly or implicitly, a term or condition of any person’s employment, standing in sport, or participation in Events, sports programs and/or activities; or when submission to or rejection of such conduct is used as the basis for sporting decisions affecting the individual (often referred to as “quid pro quo” harassment); or
b. Such conduct creates a hostile environment. A “hostile environment” exists when the conduct is sufficiently severe, persistent, and/or pervasive such that it interferes with, limits, or deprives any individual of the opportunity to participate in any program or activity. Conduct must be deemed severe, persistent, or pervasive from both a subjective and an objective perspective.
Whether a hostile environment exists depends on the totality of known circumstances, including, but not limited to:
i. The frequency, nature, and severity of the conduct;
ii. Whether the conduct was physically threatening;
iii.The effect of the conduct on the Claimant’s mental or emotional state;
iv.Whether the conduct was directed at more than one person;
v. Whether the conduct arose in the context of other discriminatory conduct;
vi.Whether the conduct unreasonably interfered with any person’s educational or work performance and/or sport programs or activities; and
vii.Whether the conduct implicates concerns related to protected speech.
A hostile environment can be created by persistent or pervasive conduct or by a single or isolated incident that is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct is physical. A single incident of sexual contact without Consent, for example, may be sufficiently severe to constitute a hostile environment. In contrast, the perceived offensiveness of a single verbal or written expression, standing alone, is typically not sufficient to constitute a hostile environment.
2. Nonconsensual Sexual Contact
It is a violation of this Policy for a Participant to engage in Sexual Contact without Consent.
Sexual Contact is any intentional touching of a sexual nature, however slight, with any object or body part (as described below), by a person upon another person.
Sexual Contact includes but is not limited to: (a) kissing, (b) intentional touching of the breasts, buttocks, groin or genitals, whether clothed or unclothed, or intentionally touching of another with any of these body parts; and (c) making another touch themselves, the Participant, or someone else with or on any of these body parts.
3. Nonconsensual Sexual Intercourse
It is a violation of this Policy for a Participant to engage in Sexual Intercourse without Consent.
Sexual intercourse is any penetration, however slight, with any object or body part (as described below), by a person upon another person.
Sexual Intercourse includes (a) vaginal penetration by a penis, object, tongue, or finger; (b) anal penetration by a penis, object, tongue, or finger; and (c) any contact, no matter how slight, between the mouth of one person and the genitalia of another person.
4. Sexual Exploitation
It is a violation of this Policy for a Participant to engage in Sexual Exploitation. Sexual Exploitation occurs when a Participant purposely or knowingly:
a. Allows third parties to observe private sexual activity from a hidden location (e.g., closet) or through electronic means (e.g., Skype or livestreaming of images) without Consent of all parties involved in the sexual activity.
b. Records or photographs private sexual activity and/or a person’s intimate parts (including genitalia, groin, breasts or buttocks) without Consent of all parties in the recording or photo.
c. Engages in voyeurism (e.g., watching private sexual activity or viewing another person’s intimate parts when that person would have a reasonable expectation of privacy), without Consent of all parties being viewed.
d. Disseminates, shows, or posts images of private sexual activity and/or a person’s intimate parts (including genitalia, groin, breasts or buttocks) without prior Consent of the person depicted in the images.
e. Intentionally exposes another person to a sexually transmitted infection or virus without that person’s knowledge.
f. Engages in prostituting or trafficking another person.
5. Bullying, hazing, or other inappropriate conduct of a sexual nature.
It is a violation of this Policy for a Participant to engage in bullying, hazing, and other inappropriate conduct of a sexual nature, as further defined in the corresponding sections below.
D. EMOTIONAL AND PHYSICAL MISCONDUCT
It is a Code violation for a Participant to engage in emotional and/or physical misconduct, when that misconduct occurs within a context that is reasonably related to sport, which includes, without limitation:
1. Emotional Misconduct
2. Physical Misconduct
3. Bullying Behaviors
4. Hazing
5. Harassment
1. Emotional Misconduct
Emotional Misconduct includes (a) Verbal Acts, (b) Physical Acts, (c) Acts that Deny Attention or Support, (d) Criminal Conduct, and/or (e) Stalking.
Emotional Misconduct is determined by the objective behaviors, not whether harm is intended or results from the behavior.
a. Verbal Acts
Repeatedly and excessively verbally assaulting or attacking someone personally in a manner that serves no productive training or motivational purpose.
b. Physical Acts
Repeated and/or severe physically aggressive behaviors, including but not limited to, throwing sport equipment, water bottles or chairs at or in the presence of others, punching walls, windows or other objects.
c. Acts that Deny Attention or Support Ignoring or isolating a person for extended periods of time, including routinely or arbitrarily excluding a Participant from practice.
d. Criminal Conduct
Emotional Misconduct includes any act or conduct described as emotional abuse or misconduct under federal or state law (e.g. child abuse, child neglect).
e. Stalking
Stalking occurs when a person purposefully engages in a course of conduct directed at a specific person, and knows or should know, that the course of conduct would cause a reasonable person to (i) fear for their safety, (ii) the safety of a third person, or (iii) to experience substantial emotional distress.
“Course of conduct” means at least two or more acts, in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about another person, or interferes with another person’s property. “Substantial emotional distress” means significant mental suffering or anguish.
Stalking also includes “cyber-stalking,” wherein a person stalks another using electronic media, such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact.
f. Exclusion
Emotional Misconduct does not include professionally accepted coaching methods of skill enhancement, physical conditioning, team building, appropriate discipline or improved Athlete performance. Emotional Misconduct also does not include conduct reasonably accepted as part of sport and/or conduct reasonably accepted as part of Participant’s participation.
2. Physical Misconduct
Physical Misconduct is any intentional contact or non-contact behavior that causes, or reasonably threatens to cause, physical harm to another person.
Examples of physical misconduct may include, without limitation:
a. Contact violations
Punching, beating, biting, striking, choking or slapping another; intentionally hitting another with objects, such as sporting equipment; encouraging or knowingly permitting an Athlete to return to play prematurely following a serious injury (e.g., a concussion) and without the clearance of a medical professional.
b. Non-contact violations Isolating a person in a confined space, such as locking an Athlete in a small space; forcing an Athlete to assume a painful stance or position for no athletic purpose (e.g., requiring an athlete to kneel on a harmful surface); withholding, recommending against, or denying adequate hydration, nutrition, medical attention or sleep; providing alcohol to a person under the legal drinking age; providing illegal drugs or nonprescribed medications to another.
c. Criminal Conduct
Physical Misconduct includes any act or conduct described as physical abuse or misconduct under federal or state law (e.g., child abuse, child neglect, assault).
d. Exclusion
Physical Misconduct does not include professionally accepted coaching methods of skill enhancement, physical conditioning, team building, appropriate discipline, or improved Athlete performance. For example, hitting, punching, and kicking are well-regulated forms of contact in combat sports but have no place in swimming. Physical Misconduct also does not include conduct reasonably accepted as part of sport and/or conduct reasonably accepted as part of Participant’s participation.
3. Bullying Behavior
Repeated and/or severe behavior(s) that are (a) aggressive, (b) directed at a Minor, and (c) intended or likely to hurt, control, or diminish the Minor emotionally, physically or sexually. Bullying-like behaviors directed at adults are addressed under other forms of misconduct, such as Hazing and/or Harassment.
Examples of bullying behavior may include, without limitation, repeated and/or severe:
a. Physical
Hitting, pushing, punching, beating, biting, striking, kicking, choking, spitting or slapping, or throwing objects (such as sporting equipment) at another person.
b. Verbal
Ridiculing, taunting, name-calling or intimidating or threatening to cause someone harm.
c. Social Media, including Cyberbullying
Use of rumors or false statements about someone to diminish that person’s reputation; using electronic communications, social media or other technology to harass, frighten, intimidate or humiliate someone; socially excluding someone and asking others to do the same.
d. Sexual
Ridiculing or taunting based on gender or sexual orientation (real or perceived), gender traits or behavior, or teasing someone about their looks or behavior as it relates to sexual attractiveness.
e. Criminal Conduct
Bullying Behavior includes any conduct described as bullying under federal or state law.
f. Exclusion
Conduct may not rise to the level of Bullying Behavior if it is merely rude (inadvertently saying or doing something hurtful), mean (purposefully saying or doing something hurtful, but not as part of a pattern of behavior), or arising from conflict or struggle between persons who perceive they have incompatible views and/or positions.
Bullying does not include professionally accepted coaching methods of skill enhancement, physical conditioning, team building, appropriate discipline, or improved Athlete performance.
4. Hazing
Any conduct that subjects another person, whether physically, mentally, emotionally or psychologically, to anything that may endanger, abuse, humiliate, degrade or intimidate the person as a condition of joining or being socially accepted by a group, team, or organization. Purported Consent by the person subjected to Hazing is not a defense, regardless of the person’s perceived willingness to cooperate or participate.
Examples of Hazing include:
a. Contact Acts
Tying, taping, or otherwise physically restraining another person; beating, paddling or other forms of physical assault.
b. Non-Contact Acts
Requiring or forcing the consumption of alcohol, illegal drugs or other substances, including participation in binge drinking and drinking games; personal servitude; requiring social actions (e.g., wearing inappropriate or provocative clothing) or public displays (e.g., public nudity) that are illegal or meant to draw ridicule; excessive training requirements demanded of only particular individuals on a team that serve no reasonable or productive training purpose; sleep deprivation; otherwise unnecessary schedule disruptions; withholding of water and/or food; restrictions on personal hygiene.
c. Sexualized Acts
Actual or simulated conduct of a sexual nature.
d. Criminal Acts
Any act or conduct that constitutes hazing under applicable federal or state law.
e. Exclusion
Conduct may not rise to the level of Hazing if it is merely rude (inadvertently saying or doing something hurtful), mean (purposefully saying or doing something hurtful, but not as part of a pattern of behavior), or arising from conflict or struggle between persons who perceive they have incompatible views and/or positions. Hazing does not include professionally accepted coaching methods of skill enhancement, physical conditioning, team building, appropriate discipline, or improved Athlete performance.
5. Harassment
Repeated and/or severe conduct that (a) causes fear, humiliation or annoyance, (b) offends or degrades, (c) creates a hostile environment (as defined above), or (d) reflects discriminatory bias in an attempt to establish dominance, superiority or power over an individual or group based on age, race, ethnicity, culture, religion, national origin, or mental or physical disability; or (e) any act or conduct described as harassment under federal or state law. Whether conduct is harassing depends on the totality of the circumstances, including the nature, frequency, intensity, location, context, and duration of the behavior.
Conduct may not rise to the level of Harassment if it is merely rude (inadvertently saying or doing something hurtful), mean (purposefully saying or doing something hurtful, but not as part of a pattern of behavior), or arising from conflict or struggle between persons who perceive they have incompatible views and/or positions. Harassment does not include professionally accepted coaching methods of skill enhancement, physical conditioning, team building, appropriate discipline, or improved Athlete performance.
E. AIDING AND ABETTING
Aiding and Abetting is any act taken with the purpose of facilitating, promoting, or encouraging the commission of Prohibited Conduct by a Participant. Aiding and Abetting also includes, without limitation, knowingly:
1. Allowing any person who has been identified as suspended or otherwise ineligible by the Center to be in any way associated with or employed by an organization affiliated with or holding itself out as affiliated with an NGB, LAO, the USOPC or the Olympic Movements;
2. Allowing any person who has been identified as suspended or otherwise ineligible by the Center to coach or instruct Participants;
3. Allowing any person who has been identified as ineligible by the Center to have ownership interest in a facility, an organization, or its related entities, if that facility/organization/related entity is affiliated with or holds itself out as affiliated with an NGB, LAO, USOPC or the Olympic Movements.
4. Providing any coaching-related advice or service to an Athlete who has been identified as suspended or otherwise ineligible by the Center;
5. Allowing any person to violate the terms of their suspension or any other sanctions imposed by the Center;
6. In addition, a Participant also violates this Policy if someone acts on behalf of the Participant to engage in Aiding or Abetting, or if the guardian, family member, or Advisor of a Participant, including Minor Participants, engages in Aiding or Abetting.
F. OTHER INAPPROPRIATE CONDUCT
1. Intimate Relationship
An Adult Participant violates this Policy by engaging in an intimate or romantic relationship where a Power Imbalance exists.
An Intimate or Romantic relationship is a close personal relationship—other than a familial relationship—that exists independently and outside of the sport relationship. Whether a relationship is intimate is based on the totality of the circumstances, including: regular contact and/or interactions outside of or unrelated to the sport relationship (electronically or in person), the parties’ emotional connectedness, the exchange of gifts, ongoing physical and/or intimate contact and/or sexual activity, identity as a couple, the sharing of sensitive personal information, and/or intimate knowledge about each other’s lives outside the sport relationship.
2. Exposing a Minor to Imagery
An Adult Participant violates this Policy by intentionally exposing a Minor to imagery of a sexual nature. This provision does not exclude the possibility that similar behavior between Adults could constitute Sexual Harassment, as defined in this Policy.
3. Intentional Exposure of Private Areas
An Adult Participant violates this Policy by intentionally exposing breasts, buttocks, groin, or genitals, or induces another to do so, to an Adult where there is a Power Imbalance, or to a Minor.
4. Inappropriate Physical Contact
An Adult Participant violates this Policy by engaging in inappropriate physical contact with a Participant where there is a Power Imbalance. Such inappropriate contact includes, but is not limited to, intentionally:
a. Touching, slapping, or otherwise contacting the buttocks or genitals of
a Participant;
b. excessively touching or hugging a Participant;
c. kissing a Participant.
G. MINOR ATHLETE ABUSE PREVENTION POLICIES / PROACTIVE POLICIES
It is a violation of this Policy for a Participant to violate any provision of the Minor Athlete Abuse Prevention Policies or other proactive policies adopted by the Center, USOPC, and/or the Eunice Rec. Proactive policies set standards for professional boundaries, minimize the appearance of impropriety, and have the effect of preventing boundary violations and prohibiting grooming1 tactics.
1 Grooming describes the process whereby a person engages in a series or pattern of behaviors with a goal of engaging in sexual misconduct. Grooming is initiated when a person seeks out a vulnerable Minor. Once they have selected a Minor, offenders will then earn the Minor’s trust, and potentially the trust of the Minor’s family. After the offender has engaged the Minor in sexually inappropriate behavior, the offender seeks to maintain control over him/her. Grooming occurs through direct, in-person and/or online contact.
V. REPORTING
a. Retaliation
Retaliation is any adverse action taken by a Participant against a person participating in the Eunice Rec proceedings. Retaliation by a Participant against a person for making an allegation, supporting a reporting party, or providing information relevant to an allegation is a serious violation of this SafeSport Policy.
b. Reporting Sexual Misconduct – uscenterforsafesport.org
All reports of sexual misconduct and violations of this Safe Sport Policy of a sexual nature must be reported directly to the Center at uscenterforsafesport.org or 720-531-0340.
All reports of sexual misconduct received by the Eunice Rec will be forwarded to the Center.
No statutes of limitation apply to reports of incidents of sexual misconduct.
c. Reporting Non-Sexual Misconduct
For reporting any non-sexual misconduct, the Eunice Rec will take a report in the way that is most comfortable for the person initiating the report including an anonymous, in-person, verbal, or written report. Regardless of the method of reporting, it is helpful to the Eunice Rec to get the following information: (1) the name of the claimant(s); (2) the type of misconduct alleged; (3) the name(s) of the alleged victim(s); and (4) the name(s) of the individual(s) alleged to have committed the misconduct.
Individuals may complete an Incident Report Form. Information on this form will include:
1. the name(s) of the claimant(s);
2. the type of misconduct alleged;
3. the name(s) of the alleged victim(s);
4. the name(s) of the individual(s) alleged to have committed the misconduct;
5. the approximate date(s) and location(s) where the misconduct was committed;
6. the names of other individuals who might have information regarding the alleged misconduct; and
7. a summary statement of the reasons to believe that misconduct has occurred.
Except for mandatory reporting to the authorities and the Center, the Eunice Rec will withhold the claimant’s name upon request, to the extent permitted by law.
d. Confidentiality and Anonymous Reporting
i. Confidentiality - To the extent permitted by law, and as appropriate, the Eunice Rec will handle any report it receives confidentially and discretely and will not make public the names of the claimant(s), reporting party, or accused person(s); however, the Eunice Rec may disclose such names on a limited basis when conducting an investigation, reporting to the Center, or reporting to law enforcement authorities.
ii. Anonymous Reporting - The Eunice Rec recognizes it can be difficult to report an allegation of misconduct and strives to remove as many barriers to reporting as possible. Anonymous reports may be made without the formality of completing an Incident Report Form:
1. by completing the Incident Report Form without including their name; or
2. by expressing concerns of misconduct to the Eunice Rec
Anonymous reporting may make it difficult to investigate or properly address allegations.
e. How Reports Are Handled
i. Suspicions or Allegations of Child Physical or Sexual Abuse
Reported to Law Enforcement and/or Child Protective Services - All allegations of child physical or sexual abuse will be reported to law enforcement authorities and the Center. The Eunice Rec does not attempt to evaluate the credibility or validity of child physical or sexual abuse as a condition for reporting to appropriate law enforcement authorities.
As necessary, however, the Eunice Rec may ask a few clarifying questions of the person making the report to adequately report the suspicion or allegation to law enforcement authorities.
ii. Misconduct and Policy Violations - the Eunice Rec will address all alleged nonsexual violations of this Safe Sport Policy.
iii. Notification - Following the Eunice Rec’s receipt of an allegation involving SafeSport-related prohibited conduct, the Eunice Rec may consider the circumstances in which it will notify other parents of athletes with whom the accused individual may have had contact. At the Eunice Rec’s discretion, and as appropriate or required by the Center, the Eunice Rec may notify relevant persons, i.e., competition managers, staff members, contractors, volunteers, parents, and/or athletes of any such allegation that (a) law enforcement authorities are actively investigating; or (b) that the Center is investigating. Advising others of an allegation may lead to additional reports of child physical or sexual abuse and other prohibited conduct.
VI. BACKGROUND CHECK
All the Eunice Rec Designees defined above, 18 years of age and older, shall undergo a background check that complies with the Fair Credit Reporting Act. Through this background check, the Eunice Rec will utilize reasonable efforts to ascertain criminal history. The Eunice Rec Background Check Policy assists the Eunice Rec in promoting the safety and welfare of athletes.
The background check must be completed before regular contact with any Minor, as defined in Section II, or upon beginning a new role subjecting the adult to this Policy. Beginning February 1, 2020, the Eunice Rec will require background checks in accordance with the USOPC Responsible Member Organization Policy.
Background checks must be refreshed every two years. The Eunice Rec Designee’s background check conducted prior to February 1, 2020 is still valid for two years. In other words, if the Eunice Rec Designee has their background check run on December 31, 2019, he must renew his background check by December 31, 2021.
a. Process
The Background Check Consent and Waiver Release Form must be submitted to the Eunice Rec’s third-party background check vendor and the Eunice Rec Designee cleared before he or she may perform services for the Eunice Rec. Upon submission of the Background Check Consent and Waiver Release Form, the Eunice Rec will request that it’s vendor perform the background check. As part of its background check, the vendor will run a full background screen that includes at least the following search components below.
Full Background Check
• Social Security Number validation;2
• Name and address history records;
• Two independent Multi-Jurisdictional Criminal Database searches covering 50 states plus DC, Guam, and Puerto Rico;
• Federal District Courts search for each name used and district where the individual currently lives or has lived during the past seven years, going back the length of time records are available and reportable;
• County Criminal Records for each name used and county where the individual currently lives or has lived during the past seven years, going back the length of time records are available and reportable for each county searched;
• National Sex Offender Registry database search of all available states, plus DC, Guam, and Puerto Rico;
• Multiple National Watch Lists;
• SafeSport Disciplinary Records;3
• Multi-Jurisdictional criminal database covering 50 states plus DC, Guam, and Puerto Rico
• Sex Offender Registry database searches of all available states, plus DC, Guam, and Puerto Rico; and
• SafeSport Disciplinary Records.
b. Criminal History
Any background check that results in a report of a disposition or resolution of a criminal proceeding, other than an adjudication of not guilty,5 for any of the below criminal offenses will be subject to the Eunice Rec’s policies and procedures to determine the individual’s level of access and involvement:
Any felony6
Any misdemeanor involving:
• All sexual crimes, criminal offenses of a sexual nature to include but not limited to; rape, child molestation, sexual battery, lewd conduct, possession and distribution of child pornography, possession and distribution of obscene material, prostitution, indecent exposure, public indecency and any sex offender registrant.6 Until the process is automated, this component will not be enforced.4
• Any drug related offenses
• Harm to a minor and vulnerable person, including, but not limited to, offenses such as child abandonment, child endangerment/neglect/abuse, contributing to the delinquency of a minor, and DUI with a minor
• Violence against a person (including crimes involving firearms and domestic violence)
• Stalking, harassment, blackmail, violation of a protection order and/or threats;
• Destruction of property, including arson, vandalism, and criminal mischief; and
• Animal abuse or neglect
2 Or suitable alternative identification verification process as determined by the background check vendor. 3 Until the process is automated, this component will not be enforced. 4 A “disposition or resolution of a criminal proceeding, other than an adjudication of not guilty” shall include, but is not limited to: an adjudication of guilt or admission to a criminal violation, a plea to the charge or a lesser included offense, a plea of no contest, any plea analogous to an Alford or Kennedy plea, the disposition of the proceeding through a diversionary program, deferred adjudication, deferred prosecution, disposition of supervision, conditional dismissal, juvenile delinquency adjudication, or similar arrangement, or the existence of an ongoing criminal investigation, a warrant for arrest, or any pending charges. 5 For purposes of these procedures, the term “felony” shall refer to any criminal offense punishable by imprisonment for more than one year. 6 Any participant that has been convicted of, received an imposition of a deferred sentence for, or any plea of guilty or no contest for any sexual crime, criminal offense of a sexual nature, and/or is a sex offender registrant must be reported
c. Full Disclosure
Each Eunice Rec Designee and prospective Eunice Rec Designee has the affirmative duty to disclose his or her criminal history. Failing to disclose or intentionally misrepresenting an arrest, plea, or conviction is grounds for the Eunice Rec Designee status revocation or restriction, regardless of when the offense is discovered. The Eunice Rec Designees have the ongoing duty to disclose criminal history. The Eunice Rec Designees need not disclose arrests in which charges are not filed, charges are dismissed, or the Eunice Rec Designee is acquitted; however, the Eunice Rec Designees are required to disclose non-convictions involving deferred sentences, deferred adjudications, or other similar dispositions as well as accusations, arrests, indictments, or convictions of a criminal offense set out above or a criminal offense against a child.
i. If a prospective Eunice Rec Designee has been or (1) is accused, (2) arrested, (3) charged, (4) indicted, (5) has an adjudication other than not guilty, or (5) is convicted of any offense identified above during the application process, he is required to disclose such information immediately.
ii. In the event a Eunice Rec Designee has been or is (1) is accused, (2) arrested, (3) charged, (4) indicted, (5) has an adjudication other than not guilty, or (5) is convicted of any offense identified above during the application process, he is required to disclose such information immediately to the Eunice Rec Director, or the director’s designee.
iii. Any Eunice Rec Designee or prospective Eunice Rec Designee who has been banned by another national governing body, another sport organization, or the Center has an affirmative duty to disclose such information immediately to the Eunice Rec Director, or the director’s designee.
d. Findings
The Eunice Rec’s criminal background check report will return an “eligible” or “ineligible” finding. An eligible finding means that the background check vendor located no records that would disqualify the individual. An eligible score, however, is not a certification of safety or permission to bypass any participant that has been convicted of, received an imposition of a deferred sentence for, or any plea of guilty or no contest for any sexual crime, criminal offense of a sexual nature, and/or is a sex offender registrant must be reported ignore other screening efforts. Other disqualifying factors may exist and can be revealed through other means.
An ineligible finding means the criminal background check revealed criminal records that suggest the individual does not meet the criteria and is not suitable for the Eunice Rec Designee status. Individuals who are subject to disqualification under an ineligible finding may challenge the accuracy of the information reported by the criminal background check vendor.
e. Appeal to Background Check Vendor
Any disqualified individual has the right to dispute the findings of the criminal background check directly with the criminal background check vendor. A disqualified individual may not appeal the automatic disqualification or the results of the findings of the criminal background check vendor to the Eunice Rec. The Eunice Rec is required by this SafeSport Policy to accept the findings of the criminal background check vendor. Individuals disqualified are excluded from participation in any Eunice Rec competition and Eunice Rec sanctioned events and/or activities as a Eunice Rec Designee unless an exemption is granted in accordance with the exemption request process below.
f. Exemption Request to the Eunice Rec
Any disqualified individual has the right to seek an exemption from the Eunice Rec. The individual shall demonstrate that the conviction or charge does not violate the spirit of SafeSport and that he or she poses no risk to the sport.
g. Frequency of Background Checks
Criminal background checks for Eunice Rec Designees will be refreshed every two years or as otherwise required by law.
h. Other Potentially Disqualifying Factors
Even if an individual passes a criminal background check, the Eunice Rec may determine that an individual may be disqualified and prohibited from the Eunice Rec Designee status. Disqualification may occur if the individual has:
i. Been held liable for civil penalties or damages involving sexual or physical abuse of a minor;
ii. Been subject to any court order involving any sexual or physical abuse of a minor, including but not limited to, domestic order or protection;
iii. A history with another organization (employment, volunteer, etc.) of complaints of sexual or physical abuse of minors;
iv. Resigned, been terminated, been banned, or been asked to resign from a position- paid or unpaid - due to complaint(s) of sexual or physical abuse of minors;
v. A history of other behavior that indicates the individual may be a danger to athletes and participants; or
vi. Failed to disclose background in accordance with this Policy.
i. Review of Disqualifiers
The Eunice Rec will review its disqualifiers from time to time or as otherwise required or modified by law.
VII. ENFORCEMENT
The enforcement of this SafeSport Policy falls under the jurisdiction of the Eunice Rec Hearing Committee, except
i. allegations of sexual misconduct, which falls under the exclusive jurisdiction of the Center; and
ii. Allegations of non-sexual misconduct that the Center takes discretionary jurisdiction over.
The Eunice Rec shall recognize and enforce all penalties imposed by the Center, including lifetime bans. Temporary Suspensions apply to the person only, but not to the person’s business. Final and non-appealable suspensions and bans apply to the person, any recreation-related business the suspended or banned person owns. See GR 703 and GR 704 for more information on suspensions and bans.
The Eunice Rec shall conduct periodic compliance audits.
APPENDIX A
MINOR ATHLETE ABUSE
PREVENTION POLICIES
INTRODUCTION
The U.S. Center for SafeSport (the "Center") is committed to building a sports community where participants can work and learn together in an atmosphere free of emotional, physical, and sexual misconduct. The Eunice Rec supports this mission and is committed to ensuring our competition and training environments are free from abuse.
Authority: Prevention Training and Policies
Federal law authorizes the Center to address the risk of emotional, physical, and sexual abuse of amateur athletes in the U.S. Olympic and Paralympic Movements. See Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017.
Prevention Training
Federal law authorizes the Center to develop training to prevent abuse, including emotional, physical, and sexual abuse, of any amateur athlete. At a minimum, the Eunice Rec, along with other national governing bodies and paralympic sports organizations, must offer and give consistent training related to the prevention of child abuse to: (1) adult members who are in regular contact with amateur athletes who are minors and, (2) subject to parental consent, to members who are minors.
Prevention Policies
Federal law also authorizes the Center to develop policies and procedures for implementation by the Eunice Rec and other national governing bodies or paralympic sports organizations to prevent abuse, including emotional, physical, and sexual abuse, of any amateur athlete. As a part of these policies and procedures, the Eunice Rec and other national governing bodies and paralympic sports organizations must implement reasonable procedures to limit one-on-one interactions between an amateur athlete who is a minor and an adult (who is not the minor’s legal guardian) at a facility under the jurisdiction of a national governing body or Paralympic sports organization without being in an observable and interruptible distance from another adult, except under emergency circumstances.
Application and Implementation
The U.S. Olympic & Paralympic Committee, the Eunice Rec, and national governing bodies (collectively, “Covered Organizations”) are required to follow these Minor Athlete Abuse Prevention Policies. The Eunice Rec is responsible for implementing and monitoring compliance with these policies. Each policy specifically defines who must adhere to it.
The policies and procedures set forth herein are promulgated by the Center to assist Covered Organizations in meeting their obligations under federal law. The Eunice Rec, National Member Organizations and Local Affiliated Organizations shall implement policies and procedures sufficient to comply with federal requirements.
Reporting Violations
Violations of these policies can be reported to the Eunice Rec.
TERMINOLOGY
Covered Organizations:
The U.S. Olympic & Paralympic Committee and a national governing body, including the Eunice Rec.
Facility partially or fully under the jurisdiction of the Eunice Rec:
Any facility that the Eunice Rec owns, leases, or uses at no cost. Additionally, this definition covers all Eunice Rec endorsed competitions, Eunice Rec training sessions, and Eunice Rec camps.
Jurisdiction: Authority or control.
Local Affiliated Organization ("LAO"): a local organization authorized as an affiliate of the Eunice Rec.
Minor, child, or minor athlete: An amateur athlete under 18 years of age.
National Governing Body ("NGB"): The Eunice Rec and any amateur sports organization affiliated with a sport included on the program of the Olympic, Paralympic, or Pan-American Games, which is also recognized by the United States Olympic & Paralympic Committee (USOPC) pursuant to the Ted Stevens Olympic and Amateur Sports Act, 36 U.S.C. §§ 220501-220529. This definition shall also apply to the USOPC, or other sports entity approved by the USOPC, when they have assumed responsibility for the management and/or governance of a sport included on the program of the Olympic, Paralympic, or Pan-American Games.
National Member Organization ("NMO"): A national organization that is directly affiliated with the Eunice Rec, over which the Eunice Rec has jurisdiction (without respect to whether the Eunice Rec has disciplinary authority over individual members of that national organization), and is: (a) an Amateur Sports Organization requesting sanction from an NGB; or (b) an Applicable Amateur Sports Organization under the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017. Recognized Affiliates fall under this definition.
NOTE
The SafeSport Policy must be followed at Eunice Rec endorsed competitions and other sanctioned activities such as Eunice Rec camps and training sessions.
PART I
EDUCATION & TRAINING POLICY
A. Adults Required to Complete Mandatory Training
The following adults shall complete the Center's Core Center for SafeSport Training on child abuse prevention:
Eunice Rec:
• Adult members who have regular contact with amateur athletes who are minors
• Any adult authorized by the Eunice Rec to have regular contact with or authority over an amateur athlete, including:
a. Officials
b. Coaches
• Eunice Rec Staff (“the Eunice Rec Adults”).
National Member Organizations and Local Affiliated Organizations:
• Adult members at a NMO or a LAO who have regular contact with amateur athletes who are minors
• An adult authorized by a NMO or a LAO to have regular contact with or authority over an amateur athlete who is a minor
• Adult staff and board members of a NMO or a LAO. (“NMO and LAO Adults”)
(Collectively “Required Adults”)
To satisfy the training obligations, the Eunice Rec, NMOs, and LAOs shall adhere to parts A.1 and A.2 below, of this Education & Training Policy. To satisfy the training obligations, it is strongly recommended that National Member Organizations and Local Affiliated Organizations adhere to part B, below, of this Education & Training Policy. The Center’s “Core Center for SafeSport Training” provides the required child abuse prevention training mandated by federal law.
1. Core Center for SafeSport Training
The above listed Required Adults are required to complete the Center’s Core Center for SafeSport Training before regular contact with an amateur athlete who is a minor begins or by the latter of the following unless regular contact with a minor amateur athlete has not begun:
Eunice Rec Adults, whichever occurs first:
• No later than January 1, 2019; or
• Before regular contact with minor athletes begins; or
• Before authorized contact with minor athletes begins; or
• Within the first 30 days of initial membership, or upon beginning a new role subjecting the adult to this policy.
NMO and LMO Adults, whichever occurs first:
• No later than July 31, 2019; or
• Within the first 30 days of initial membership, or upon beginning a new role subjecting the adult to this policy.
Training other than the Core Center for SafeSport Training does not satisfy this policy. Training in addition to the Core Center for SafeSport Training may be provided. However, if an organization provides additional training, it shall not refer to such training as “SafeSport” Training.
2. Refresher Course(s)
A refresher course is required on an annual basis effective the calendar year following the completion of the Core Center for SafeSport Training for the Eunice Rec Adults (the Eunice Rec access to the refresher course is detailed in Appendix A). Policies, procedures and/or communications to said adults concerning refresher course requirements must be updated by
September 1, 2019.
B. Minor Athletes
The Eunice Rec shall, subject to parental consent, annually offer and provide training to members who are minors regarding prevention and reporting of child abuse. The Eunice Rec shall track:
• A description of the training(s);
• The date the training(s) was offered and given; and
• A description of how the training(s) was offered and given.
C. Exemptions
Exemptions from this Education & Training Policy may be made on a case-by-case basis for victims/survivors. Requests may be made directly to the Eunice Rec. or the U.S. Center for SafeSport, [email protected].
The Center will work with the Eunice Rec regarding appropriate accommodations for persons with disabilities to satisfy the training requirements herein.
POLICIES EXPLAINED
National Member Organizations.
• Regular contact – Neither the federal statute, the U.S. Center for SafeSport, nor the USOPC define the term “regular
contact;" therefore determining “regular contact” should be through a process of risk analysis:
◊ Is the person in a position of authority over a minor (e.g., trainer/coach)?
◊ Is the person likely to be in a chaperoned one-on-one situation with the minor?
◊ Is the person going to have reoccurring contact with the minor to an extent where they could develop a trusting relationship that would create an environment where any type of abuse could take place?
PART II
REQUIRED PREVENTION POLICIES
A. Required policies
The following athlete abuse prevention policies go into effect February 1, 2020:
1. One-on-One Interactions, including meetings and individual training sessions (the Eunice Rec is required to establish reasonable procedures to limit one-on-one interactions, as set forth in federal law.)
2. Massages and Rubdowns/Athletic Training Modalities
3. Areas where Athletes Change
4. Social Media and Electronic Communications
5. Local Travel
6. Team Travel
B. Model policies
To satisfy these requirements, the Center provides model policies to assist the Eunice Rec, National Member Organizations, and Local Affiliated Organizations in developing and implementing the required policies under federal law. The model policies can be found at uscenterforsafesport.org
C. Minor athletes who become adult athletes
With the exception of athletes who are members of the same team, Minor Athletes who reach their 18th birthday (not their sport age but their actual age) must adhere to the provisions found in the Minor Athlete Abuse Prevention Policies when interacting with minor athletes who are 14 years of age or younger.
Minor Athletes who reach the age of majority and then obtain a position of authority that presents a power imbalance, such as becoming a coach or official, must also comply with these prevention policies regardless of the age of the minor athletes with whom they will interact.
PART III
REQUIRED POLICIES FOR ONE-ON-ONE INTERACTIONS
The majority of child sexual abuse is perpetrated in isolated, one-on-one situations. By reducing such interactions between children and adults, programs reduce the risk of child sexual abuse. However, one-on-one time with trusted adults is also healthy and valuable for a child. Policies concerning one-on-one interactions protect children while allowing for these beneficial relationships.
ONE-ON-ONE INTERACTIONS
A. Mandatory Components
This policy shall apply to:
1. Adult members who have regular contact with amateur athletes who are minors;
2. Any adult authorized by the Eunice Rec to have regular contact with or authority over an amateur athlete who is a minor;
3. Adult members at a facility that is either partially or fully under the jurisdiction of the Eunice Rec or at the Eunice Rec endorsed, sponsored activity; and
4. Adult staff and board members of the Eunice Rec. (Collectively “Applicable Adult” for the purposes of this Policy.)
a. Observable and interruptible
• One-on-one interactions between a minor athlete and an Applicable Adult (who is not the minor’s legal guardian) at a facility partially or fully under the Eunice Rec’s jurisdiction or at a Eunice Rec endorsed, sponsored activity are permitted if they occur at an observable and interruptible distance by another adult.
• One-on-one interactions between minor athletes and an Applicable Adult (who is not the minor’s legal guardian) at a facility partially or fully under the Eunice Rec’s jurisdiction or at a Eunice Rec endorsed, sponsored activity are prohibited or at a Eunice Rec endorsed, sponsored activity, except in the circumstances described in subpart d of this section and under emergency circumstances.
POLICIES EXPLAINED
Best Practice for Observable and Interruptible might include:
• Wherever possible keeping a physical distance from an athlete in order to ensure no allegation of inappropriate physical contact
• If physical contact is required (adjusting a riding position) the athlete’s permission must be sought and the contact should be in full view of others.
• If words of admonishment or similar are required, seeking a third party as a witness is advisable.
b. Meetings
• Meetings between Applicable Adults and minor athletes at a facility partially or fully under the Eunice Rec’s jurisdiction or at a Eunice Rec endorsed, sponsored activity, may only occur if another adult is present, except under emergency circumstances.
Such meetings must occur where interactions can be easily observed and at an interruptible distance from another adult.
• If a one-on-one meeting takes place in an office or room at a facility partially or fully under the Eunice Rec’s jurisdiction, the door to the office must remain unlocked and open. If available, it will occur in an office that has windows, with the windows, blinds, and/or curtains remaining open during the meeting.
c. Meetings with mental health care professionals and health care providers If a mental health care professional and/or health care provider meets with minor athletes at a facility partially or fully under the Eunice Rec’s jurisdiction, a closed-door meeting may be permitted to protect patient privacy provided that: (1) the door remains unlocked; (2) another adult is present at the facility; (3) the other adult is advised that a closed door meeting is occurring; and (4) written legal guardian consent is obtained in advance by the mental health care professional and/or health care provider, with a copy provided to the Eunice Rec.
d. Individual training sessions
Individual training sessions between Applicable Adults and minor athletes are permitted at a facility partially or fully under the Eunice Rec’s jurisdiction or at Eunice Rec endorsed, sponsored activity if the training session is observable and interruptible by another adult. It is the responsibility of the Applicable Adult to obtain the written permission of the minor’s legal guardian in advance of the individual training session if the individual training session is not observable and interruptible by another adult. Permission for individual training sessions must be obtained at least every six months. Parents, guardians, and other caretakers must be allowed to observe the training session.
e. Monitoring
When one-on-one interactions between Applicable Adults and minor athletes occur at a facility partially or fully under the Eunice Rec’s jurisdiction, Applicable Adults will monitor these interactions. Monitoring includes: knowing that the one-on-one interaction is occurring, the approximate planned duration of the interaction, and randomly dropping in on health professionals.
B. Recommended Best Practices
The Eunice Rec recommends the following components:
Out-of-program contacts
The Eunice Rec recommends that Applicable Adults refrain from interacting one-on-one with unrelated minor athletes in settings outside of the program that are not observable and interruptible (including, but not limited to, one’s home and individual transportation), unless parent/legal guardian consent is provided for each out-of-program contact. Such arrangements are strongly discouraged.
MASSAGES AND RUBDOWNS/ATHLETIC TRAINING MODALITIES (ALL HUMAN HEALTHCARE PROVISION)
A. Mandatory components
Application
This policy shall apply to:
1. Adult members who have regular contact with amateur athletes who are minors;
2. Physical therapists, chiropractor, masseurs, physicians, and other healthcare providers;
3. Any adult authorized by the Eunice Rec to have regular contact with or authority over an amateur athlete who is a minor;
4. Adult members at a facility that is either partially or fully under the jurisdiction of the Eunice Rec; and
5. Adult staff and board members of the Eunice Rec.
(Collectively “Applicable Adult” for the purposes of this Policy.)
a. Massage or rubdown/athletic training modality
Any massage or rubdown/athletic training modality performed at a facility or a training or competition venue must be conducted in an open and interruptible location. Any massage of a minor athlete must be done with at least one other adult present and must never be done with only the minor athlete and the person performing the massage or rubdown/athletic training modality in the room.
POLICIES EXPLAINED
An “open and interruptible location” Doors not locked but suitable privacy maintained.
Be of a suitable temperature where possible (fans or heaters may be required)
Not be covered by Cameras
Practitioners should seek to ensure they never place themselves between the athlete and the door
B. Recommended Best Practices
The Eunice Rec recommends the following component:
The Eunice Rec recommends obtaining written consent from a legal guardian before providing each massage or rubdown/athletic training modality on a minor athlete. Parents should be permitted to be in the room as an observer.
AREAS WHERE ATHLETES CHANGE
MANDATORY COMPONENTS
This policy shall apply to:
1. Adult members who have regular contact with amateur athletes who are minors;
2. Any adult authorized by the Eunice Rec to have regular contact with or authority over an amateur athlete who is a minor;
3. Adult members at a facility that is either partially or fully under the jurisdiction of the Eunice Rec; and
4. Adult staff and board members of the Eunice Rec.
(Collectively “Applicable Adult” for purposes of this policy.)
a. Non-exclusive facility
If the Eunice Rec uses a facility not fully under the Eunice Rec’s jurisdiction (for, e.g., training or competition or similar events) and the facility is used by multiple constituents, Applicable Adults in categories 1 through 4 are nonetheless required to adhere to the rules set forth herein.
b. Use of recording devices
Use of any device’s (including a cell phone’s) recording capabilities, including voice recording, still cameras and video cameras in locker rooms, changing areas, or similar spaces at a facility under the Eunice Rec’s jurisdiction is prohibited. Exceptions may be made for media and championship celebrations, provided that such exceptions are approved by the Eunice Rec and two or more Applicable Adults are present.
c. Undress
Under no circumstances shall an unrelated Applicable Adult at a facility under the Eunice Rec’s jurisdiction intentionally expose his or her breasts, buttocks, groin, or genitals to a minor athlete.
d. One-on-one interactions
• Except for athletes on the same team, at no time are unrelated Applicable Adults permitted to be alone with a minor athlete in a locker room or changing area when at a facility under the Eunice Rec’s partial or full jurisdiction, except under emergency circumstances.
• If the Eunice Rec is using a facility that only has a single locker room or changing area, it will designate separate times for use by Applicable Adults, if any.
e. Monitoring
The Eunice Rec will regularly and randomly monitor the use of and areas where athletes change at facilities under the Eunice Rec’s jurisdiction to ensure compliance with these policies.
B. Recommended Components
1. The Eunice Rec recommends the following components:
a. Under no circumstances should an unrelated Applicable Adult at a facility under the Eunice Rec’s jurisdiction or at an event endorsed, or sanctioned by the Eunice Rec expose his or her breasts, buttocks, groin, or genitals to a minor athlete.
b. Applicable Adults should make every effort to recognize when a minor athlete goes to a locker room or changing area during practice and competition and, if they do not return in a timely fashion, check on the minor athlete’s whereabouts.
c. Parents should not enter locker rooms and changing areas unless it is truly necessary. In those instances, it should only be a same-sex parent when other minor athletes are changing in the same locker room or changing area. If this is necessary, parents should let a coach or administrator know about this in advance.
SOCIAL MEDIA & ELECTRONIC COMMUNICATIONS
A. Mandatory components
a. Application
This policy shall apply to:
1. Adult members who have regular contact with amateur athletes who are minors;
2. Any adult authorized by the Eunice Rec to have regular contact with or authority over an amateur athlete who is a minor; and
3. Adult staff and board members at the Eunice Rec.
(Collectively “Applicable Adult” for the purposes of this Policy.)
b. Content
All electronic communication originating from Applicable Adults to minor athletes must be professional in nature. On mass communications, "bcc" should be used for recipients.
c. Open and transparent
• Absent emergency circumstances, if an Applicable Adult with authority over minor athletes needs to communicate directly with a minor athlete via electronic communications (including social media), another Applicable Adult or the minor’s legal guardian must be copied.
• If a minor athlete communicates to the Applicable Adult (with authority over the minor athlete) privately first, said Applicable Adult should respond to the minor athlete with a copy to another Applicable Adult or the minor’s legal guardian.
• When an Applicable Adult with authority over minor athletes communicates electronically to the entire team, said Applicable Adult will copy another adult.
• Minor athletes may “friend” the organization’s official page.
d. Requests to discontinue
Legal guardians may request in writing that their minor athlete not be contacted through any form of electronic communication by the Eunice Rec or by the Applicable Adults subject to this policy. The Eunice Rec will abide by any such request that their minor athlete not be contacted via electronic communication, absent emergency circumstances.
B. Recommended components
The Eunice Rec recommends the following components:
a. Hours
Electronic communications should generally only be sent between the hours of 8:00 a.m. and 8:00 p.m., unless emergency circumstances exist, or while traveling internationally or during competition travel.
b. Social Media
Applicable Adults with authority over minor athletes should not maintain private social media connections with unrelated minor athletes and such Applicable Adults should not accept new personal page requests on social media platforms from amateur athletes who are minors, unless the Applicable Adult has a fan page, or the contact is deemed as celebrity contact vs. regular contact. Existing social media connections on personal pages with minor athletes should be discontinued.
LOCAL TRAVEL
A. Mandatory Components
1. Local travel consists of travel to training, practice, and competition that occurs locally and does not include coordinated overnight stay(s).
A. Application
This policy shall apply to:
1. Adult members who have regular contact with amateur athletes who are minors;
2. Any adult authorized by the Eunice Rec to have regular contact with or authority over an amateur athlete who is a minor; and
3. Adult staff and board members at the Eunice Rec.
(Collectively “Applicable Adult” for the purposes of this Policy.)
c. Transportation
Applicable Adults who are not also acting as a legal guardian, shall not ride in a vehicle alone with an unrelated minor athlete, absent emergency circumstances, and must have at least two minor athletes or another adult at all times, unless otherwise agreed to in writing by the minor athlete’s parent/legal guardian in advance of each local travel. In emergency situations this permission can be sought verbally but should be followed up with written confirmation as soon as possible.
B. Recommended Components
1. The Eunice Rec recommends the following components:
a. Shared or Carpool Travel Arrangement the Eunice Rec encourages parents/legal guardians to pick up their minor athlete first and drop off their minor athlete last in any shared or carpool travel arrangement.
b. Parents/legal guardians should receive education concerning child abuse prevention before providing consent for their minor athlete to travel alone with an Applicable Adult who is subject to these policies.
TEAM TRAVEL
A. Mandatory Components
Team travel is minor athlete travel to a competition or other team activity that the Eunice Rec plans, books, and supervises the minor athlete’s travel.
a. Application
This policy shall apply to:
1. Adult members who have regular contact with amateur athletes who are minors;
2. Any adult authorized by the Eunice Rec to have regular contact with or authority over an amateur athlete who is a minor; and
3. Adult staff and board members at the Eunice Rec. (Collectively “Applicable Adult” for the purposes of this Policy.)
b. Team/competition travel
Team travel policies must be signed and agreed to by all minor athletes, parents, and Applicable Adults traveling with the Eunice Rec. When only one Applicable Adult and one minor athlete travel to a competition, the minor athlete must have his/her legal guardian’s written permission in advance and for each competition to travel alone with said Applicable Adult.
Applicable Adults who travel with a Eunice Rec Team that includes a minor athlete must successfully pass a background check and other screening requirements consistent with the Eunice Rec’s policies.
c. Hotel rooms
Applicable Adults shall not share a hotel room or other sleeping arrangement with a minor athlete (unless the Applicable Adult is the legal guardian, sibling, or is otherwise related to the minor athlete). However, a parent/legal guardian may consent to such an arrangement in advance and in writing. Furthermore, a parent/legal guardian may consent in advance and in writing to the minor athlete sharing a hotel room or other sleeping arrangement with an adult athlete.
During team travel, when doing room checks, attending team meetings and/or other activities, two-deep leadership (two Applicable Adults should be present) and observable and interruptible environments should be maintained.
Meetings should not be conducted in a hotel room.
d. Meetings
Meetings shall be conducted consistent with the Eunice Rec’s policy for one-on-one interactions (i.e., any such meeting shall be observable and interruptible).
B. Recommended Component
The Eunice Rec recommends that Parents/legal guardians receive education concerning child abuse prevention before providing consent for their minor athlete to travel alone with an Applicable Adult who is subject to these policies.
APPENDIX A
TRAINING ACCESS REQUIREMENTS
Access
The U.S. Center for SafeSport makes required prevention training free to those individuals to whom the Education & Training Policy applies. Free access for individuals with National Member Organizations should be submitted by the relevant NGB and approved in writing by the Center.
The Eunice Rec is affiliated with www.purebaseball.org where both the Abuse Awareness for Adults and Abuse Awareness for Minors courses are available to be completed at no cost to the Applicable Adult and or Minors.