Privacy Policy Last updated: September 30, 2021 This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. Interpretation and Definitions Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions For the purposes of this Privacy Policy: Account means a unique account created for You to access our Service or parts of our Service. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to American Spikers League LLC., 333 W. 49th S. Idaho Falls, ID 83404. Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses. Country refers to: Idaho, United States Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. Personal Data is any information that relates to an identified or identifiable individual. Service refers to the Website. Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit). Website refers to American Youth Spikers , accessible from www.youthspikers.com You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Collecting and Using Your Personal Data Types of Data Collected Personal Data While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to: Email address First name and last name Phone number Address, State, Province, ZIP/Postal code, City Usage Data Usage Data Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device. Tracking Technologies and Cookies We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include: • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies. • Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_ • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity). Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies here: All About Cookies by TermsFeed. We use both Session and Persistent Cookies for the purposes set out below: Necessary / Essential Cookies Type: Session Cookies Administered by: Us Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services. Cookies Policy / Notice Acceptance Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies identify if users have accepted the use of cookies on the Website. Functionality Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website. For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy. Use of Your Personal Data The Company may use Personal Data for the following purposes: To provide and maintain our Service, including to monitor the usage of our Service. To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user. For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service. To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information. To manage Your requests: To attend and manage Your requests to Us. For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred. For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience. We may share Your personal information in the following situations: • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You. • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company. • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us. • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions. • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. • With Your consent: We may disclose Your personal information for any other purpose with Your consent. Retention of Your Personal Data The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods. Transfer of Your Personal Data Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information. Disclosure of Your Personal Data Business Transactions If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy. Law enforcement Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). Other legal requirements The Company may disclose Your Personal Data in the good faith belief that such action is necessary to: • Comply with a legal obligation • Protect and defend the rights or property of the Company • Prevent or investigate possible wrongdoing in connection with the Service • Protect the personal safety of Users of the Service or the public • Protect against legal liability Security of Your Personal Data The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security. Detailed Information on the Processing of Your Personal Data The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies. Email Marketing We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us. We may use Email Marketing Service Providers to manage and send emails to You. Mailchimp Mailchimp is an email marketing sending service provided by The Rocket Science Group LLC. For more information on the privacy practices of Mailchimp, please visit their Privacy policy: https://mailchimp.com/legal/privacy/ Payments We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors). We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. Stripe Their Privacy Policy can be viewed at https://stripe.com/us/privacy Children's Privacy Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information. Links to Other Websites Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services. Changes to this Privacy Policy We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. Contact Us If you have any questions about this Privacy Policy, You can contact us: By email: info@youthspikers.com By visiting this page on our website: https://youthspikers.com/contact-us/ By phone number: 208.390.0075
Terms and Conditions Last updated: September 30, 2021 Please read these terms and conditions carefully before using Our Service. Interpretation and Definitions Interpretation The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions For the purposes of these Terms and Conditions: Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Account means a unique account created for You to access our Service or parts of our Service. Country refers to: Idaho, United States Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to American Spikers League LLC., 333 W. 49th S. Idaho Falls, ID 83404. Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. Goods refer to the items offered for sale on the Service. Orders mean a request by You to purchase Goods from Us. Service refers to the Website. Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. Website refers to American Youth Spikers League, accessible from https://youthspikers.com You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Acknowledgment These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service. You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service. Placing Orders for Goods By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts. Your Information If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. Order Cancellation We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to: • Goods availability • Errors in the description or prices for Goods • Errors in Your Order We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected. Your Order Cancellation Rights Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy. Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order. Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession. We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement. You will not have any right to cancel an Order for the supply of any of the following Goods: • The supply of Goods made to Your specifications or clearly personalized. • The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over. • The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery. • The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items. • The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right. Availability, Errors and Inaccuracies We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Prices Policy The Company reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order. Payments All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example). Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. User Accounts When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Intellectual Property The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. Links to Other Websites Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. Termination We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. Limitation of Liability Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service. To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law. "AS IS" and "AS AVAILABLE" Disclaimer The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. Governing Law The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. Disputes Resolution If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. For European Union (EU) Users If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. United States Legal Compliance You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. Severability and Waiver Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach. Translation Interpretation These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute. Changes to These Terms and Conditions We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service. Contact Us If you have any questions about these Terms and Conditions, You can contact us: By email: info@youthspikers.com By visiting this page on our website: www.youthspikes.com/contact-us By phone number: 208.390.0075
Safe Sport Child Abuse and Other Misconduct Risk Management Plan for the American Youth Spikers League Introduction In 2018, Congress enacted a new Federal law, The “Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017” (“Safe Sport Act”), which specifically requires applicable amateur sports organizations which are not part of national governing bodies to: 1. Duty to Report Child Abuse by Covered Individuals – A covered individual is any adult who is authorized by an applicable amateur sports organization to interact with a minor or amateur athlete. Covered individuals must report suspicions of child abuse, including sexual abuse, within 24 hours to law enforcement. Failure to report may be a criminal violation under state and federal law. 2. Limit One-On-One Interaction with Minors – Must establish 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 the applicable amateur sports organization without being in an observable and interruptible distance from another adult, except in emergency circumstances. 3. Training for Adults and Minors – Must offer and provide consistent training to all adult members who are in regular contact with amateur athletes who are minors, and subject to parental consent, to members who are minors, regarding prevention and reporting of child abuse to allow a complainant to report easily an incident of child abuse to appropriate persons. 4. Prohibit Retaliation – Must prohibit retaliation against any individual who makes a report required under the Safe Sport Act. An applicable amateur sports organization is one that is not part of a national sports governing body, participates in interstate or international amateur athletic competition, and includes any adult who is in regular contact with an amateur athlete who is a minor. However, even if a sports organization does not have a single team that crosses a state line to compete, the Safe Sport Act establishes a new standard of care that will likely be used in future case law. Penalties For Failure To Comply: Any minor who was a victim and who suffers personal injury as a result of a violation of the Safe Sport Act, may sue in U.S. District Court and may recover actual damages or liquidated damages in the amount of $150,000 and the cost of the action, including reasonable attorney’s fees and other litigation costs. The court may also award punitive damages Purpose The purpose of this risk management program is to reduce and/or prevent the occurrences of misconduct in sports as well as to reduce the liability potential for the sports organization. Misconduct can negatively impact participants, staff members, family, friends, and the sport. Specifically, our organization will implement policies in the following areas to address all types of misconduct and to set forth boundaries of appropriate and inappropriate conduct: sexual misconduct, including child abuse; grooming behavior; physical misconduct; emotional misconduct; bullying; harassment; hazing; social media and electronic communications; locker rooms and changing areas; travel; reporting misconduct; screening staff; and monitoring for compliance. This plan will serve as awareness education training for all our staff who agree to educate themselves on all forms of misconduct and to refrain from engaging in such misconduct and in violating the policies herein. It should be posted on the organization website and distributed to all adult staff members. This plan is designed for non-national governing body (Non-NGB) sports associations. Organizations that are members of national governing bodies must comply with a higher standard of care and are subject to oversight from and reporting to the United States Center for SafeSport. Definitions Participant: Any athlete or non-athlete participant who participates in any tryouts, practices, drills, instructional sessions, competitions, camps, clinics, tournaments, or non-sport outings including travel, lodging, and health or medical treatment sponsored by the organization. Child, Children, Minor, and Youth: Anyone under the age of 18. These terms are used interchangeably throughout this program. Coach: Any adult who has or shares the responsibility for instructing, teaching, schooling, training, or advising athletes of the organization. Misconduct: Behavior that results in harm, the potential for harm, or the imminent threat of harm. Age is irrelevant to misconduct. There are six primary types of misconduct in sports: sexual (including grooming behavior), physical, emotional, bullying, harassment, and hazing. Organization: The sports organization that has adopted this misconduct risk management program. Misconduct Officer (MO) and/or Misconduct Committee (MC): The officer or a committee appointed by the organization that manages any and all allegations of misconduct and policy violations. The MO and MC report to the board of directors. Staff Member: Any paid or unpaid member providing service to the organization including but not limited to officers, directors, administrators, coaches, assistant coaches, trainers, and team parents. Types of Misconduct and Examples The following six types of misconduct are prohibited by the organization: 1. Sexual Misconduct, including Child Sexual Abuse Sexual misconduct is defined as: · Any sexual interaction, whether non-touching or touching, that is forced or perpetrated in an exploitative, harassing, aggressive, or threatening manner. · Any sexual interaction between a participant and an individual with direct, indirect, or evaluative authority. Such relationships usually involve power imbalance; disparity in age, development, size, or intellectual capabilities; the existence of an aggressor; and are likely to impair judgment or be exploitative. · Any conduct or acts defined under state or federal law as sexual abuse or misconduct. Sexual misconduct can be between adults, between adults and minors, or between minors. Minors don’t have the legal capacity to consent to sexual activity with an adult, and as a result, any sexual interaction between a minor and adult is strictly prohibited. Types of sexual misconduct include: · Sexual assault · Sexual harassment · Sexual abuse · Any other equal intimacies that exploit an athlete Touching offenses include: · Fondling a participant’s breasts or buttocks; · Providing a sports-related reward (ex: playing time, position, lessons, award, praise) in exchange for sexual favors; · Sexual penetration and sexual touching; · Genital contact whether or not either party is clothed · Any intimacies or sexual relations between a staff member and participant when the staff member is in a position of authority, trust, control, or evaluative decision making over the participant. Permissible Physical Contact Some level of physical contact between a coach and a participant may be appropriate, such as in instruction, celebration, or consolation of a distraught participant who has been injured or after losing a competition. Appropriate physical contact in training and instruction consists of the following elements: · The physical contact takes place in public. · There is no potential for or actual, physical, or sexual intimacies during the physical contact. · The physical contact is for the benefit of the participant and not to meet an emotional or other need of an adult. Prohibited forms of physical contact include: · Lingering or repeated embrace that goes beyond acceptable physical touch. · Tickling, horseplay, or wrestling. · Continued physical contact that makes a participant uncomfortable. Non-touching offenses include: · Making innuendos, comments, or jokes of a sexual nature about a participant or other behavior that is sexually harassing. · A staff member referencing his or her sexual activities with a participant. · Questioning a participant about his or her sexual activities. · A staff member requesting or sending a revealing or nude photo to a participant. · Exposing participants to pornographic material. · Voyeurism · Sending participants communications or photos, whether electronic (e.g. sexting) or otherwise, of a sexually suggestive or explicit nature. · Intentionally exposing a participant to sexual acts. · Intentionally exposing a participant to nudity (exception for shared changing areas or locker rooms). · Non-verbal or verbal communication of a sexual nature; physical advances; or sexual solicitation. The following are not defenses under any circumstances to an allegation of sexual misconduct: the consent of a minor, mistaking the age of a participant, or that the interaction did not occur during a sanctioned event of the organization. Peer-to-Peer Child Sexual Misconduct Approximately one-third of all cases of sexual abuse are child peer-to-peer. Whether or not sexual interaction between children constitutes child sexual abuse turns on the existence of an aggressor, the age difference between the children, and/or whether there is an imbalance in power and/or intellectual capabilities. Allegations or suspicions of peer-to-peer child sexual abuse must be reported to the child abuse officer or a board member. Grooming Grooming is an intentional and effective strategy that sexual predators use to set up and prepare victims, parents, and staff to gain a position of trust and lower their defenses, which assists in the perpetration of misconduct. The steps taken in the grooming or seduction process are: · Identify a child and determine his or her vulnerable areas (ex: being misunderstood, lack of attention from parents, lack of spending money, absent parents, etc.) · Through careful observation of the target, determine their needs to fill what is missing. · Fill the needs to create a special bond and to gain their trust. Examples are providing gifts and spending money, helping with homework, providing transportation, special consideration on the team such as more playing time, special attention, sharing secrets, etc. · Spend a disproportionate amount of time with the family to gain their trust. · Isolate the victim from their peers to create situations where they are alone. · Gradually introduce sexual interplay that may start with conversations of a sexual nature (in person, texting, and social media), providing alcohol and drugs to lower inhibitions, watching pornography, sharing nude photos, tickling, horseplay, massages, and other boundary invasions that lead to sexual touching and nudity. · Maintaining control and silence to continue and keep the sexual abuse hidden. · Use shame or fear as motivating factors to continue the relationship. Staff and parents who understand the grooming process and the policies that are meant to prevent it through education are likely to identify it and notify the MO or a board member of suspicious behavior. One-on-One Interactions Two-Deep Leadership: Two adults (ex: any combination of coach(es)), volunteer(s), parent(s)) should be present at all times so that a minor cannot be isolated one on one with an unrelated adult. This also helps to protect the staff member from false accusations. Individual Meetings: An individual meeting to address a participant’s concerns may be necessary on occasion. During such meetings, the following guidelines should be observed: · Any individual meeting should occur when others are present and where interactions can be easily observed. · Where possible, an individual meeting should take place in a publicly visible and open area, such as in the corner of a building. · If the meeting takes place in an office or a locker room, the door should remain unlocked and open. · If a closed-door meeting is necessary, the staff member should inform another staff member and ensure the door remains unlocked. · Individual Training Sessions: When necessary or requested, parent/guardian written consent should be obtained and a parent/guardian encouraged to attend. Prohibited One-on-One Interactions: Except as provided above with regard to individual meetings, individual training, or emergency situations, any one-on-one interaction between an adult and a minor participant should be avoided. A possible exception may occur if the minor is stranded and the adult must be present so that the minor will not be left unattended or unsupervised. In such cases, the adult and minor should remain in the open until another adult arrives. 2. Physical Misconduct Physical misconduct includes: · Intentional physical contact or threat of such that causes or has the potential to cause personal injury or bodily harm to the participant. · Any act or conduct described as physical abuse under state or federal law, such as assault, child neglect, and child abuse. Examples of prohibited physical misconduct: Contact offenses · Punching, beating, biting, striking, choking, or slapping an athlete · Intentionally hitting an athlete with objects or sporting equipment · Providing alcohol to a participant who is under the legal drinking age · Providing non-prescription or illegal drugs to any participant · Encouraging or permitting an athlete to return to play after an injury (e.g. concussion) or sickness prematurely or without clearance from a medical professional · Prescribing diet or other weight control methods for humiliation purposes and without regard for the health of the athlete (e.g. public weigh-ins or caliper tests) Non-contact offenses · Isolating an athlete in a confined space (e.g. locking an athlete in a confined space) · Forcing an athlete to assume a painful stance or position for no athletic purpose (e.g. requiring the athlete to kneel on a hard surface) · Withholding, recommending against or denying adequate hydration, nutrition, medical attention, or sleep Physical misconduct does not include physical contact that is a professionally-accepted coaching method for teaching skill enhancement, physical conditioning, team building or appropriate discipline. 3. Emotional Misconduct Emotional misconduct involves a pattern of intentional, noncontact behavior that causes or has the potential to cause psychological or emotional harm to a participant. Physical acts, verbal acts, or acts that deny support or attention are included in these behaviors. Examples of prohibited emotional misconduct: · Verbal Acts: A pattern of verbal behaviors that personally attack a participant (e.g. calling them disgusting, worthless, or fat) or repeatedly screaming at participants in a way that does not serve a legitimate motivational or training purpose. · Physical Acts: A pattern of physically aggressive behaviors, such as throwing or punching sports equipment or other objects in the presence of participants. · Acts that Deny Support or Attention: A pattern of ignoring or excluding a participant during practice or team discussions for an extended period of time. Emotional misconduct does not include generally-accepted and age-appropriate coaching methods of skill enhancement, physical conditioning, motivation, team building, appropriate discipline or improving athletic performance. Note that a single incident such as a verbal outburst may be inappropriate but does not constitute emotional misconduct, which requires a pattern of harmful behaviors over time. 4. Bullying Bullying involves an intentional and repeated pattern of committing or intentionally allowing or not preventing behaviors that are intended to cause physical harm, fear or humiliation in an effort to socially isolate, diminish or exclude another participant physically, emotionally, or sexually. Bullying can occur through verbal, written or electronic communications or by means of a physical gesture or act. Examples of prohibited bullying behavior: Physical: Hitting, pushing, punching, beating, biting, striking, kicking, choking, spitting, or slapping; throwing objects such as sports equipment at another participant. Verbal: Teasing, ridiculing, taunting, name-calling, or intimidating, or threatening to cause someone harm. Social, including Cyberbullying: Using electronic communication, social media or similar to harass, frighten, intimidate, or humiliate someone; using rumors or false statements about someone to diminish that person’s reputation; socially excluding someone and asking others to do the same. Sexual: Teasing, ridiculing, or taunting based on gender or sexual orientation (real or implied), gender traits or behavior (e.g., taunting someone for being too effeminate or too masculine), or teasing someone about their looks or behavior as it relates to sexual attractiveness. It is often not the staff, but other participants who perpetrate bullying. However, it is a violation if a staff member knows or should have known of bullying behavior but takes no action to intervene on behalf of the targeted participant(s). A participant or parent/guardian who participates in any act of bullying is subject to appropriate disciplinary action including but not limited to suspension, permanent ban, and referral to law enforcement authorities. Difference between Mean, Rude, and Bullying Behavior Mean is defined as purposefully saying or doing something to hurt someone very infrequently. Rude is defined as inadvertently saying or doing something that hurts someone else. Bullying is defined as intentionally aggressive behavior repeated over time that involves an imbalance of power. Mean or rude conduct does not rise to the level of bullying absent the imbalance of power, but may otherwise be a code of conduct violations and treated as such. Bullying does not include group or team behaviors to encourage a culture of team unity and/or harder training effort. 5. Harassment Harassment is a pattern of physical or nonphysical behaviors that cause annoyance, fear or humiliation; degrade or offend; reflect a discriminatory bias; or create a hostile environment for the purpose of creating superiority, dominance, or power over an individual participant or participants based on gender, gender identity, gender expression, sexual orientation, ethnicity, race, culture, national origin, race, or physical or mental disability. It also includes any conduct or acts defined as harassment under state or federal law. Examples of prohibited harassment: Name-calling, taunts, threats, belittling, stalking, unwelcome advances and requests for sexual acts, as well as undue threats to perform or succeed. Sexual harassment is conduct towards a participant that includes sexual advances, requests for sexual favors, or other verbal or physical behaviors of a sexual nature and is sufficiently severe, persistent or pervasive and objectively offensive that it negatively affects an individual’s performance. 6. Hazing Hazing includes any behavior which is physically harmful, humiliating, intimidating, or offensive. Hazing typically is an initiation activity that is a precondition for being socially accepted or joining a team. It also includes any act that is described as hazing under federal or state law. Examples of hazing include: · Using force or peer pressure to require the consumption of alcoholic beverages or illegal drugs · Restraining a person through tying or taping · Requiring simulations of acts of a sexual nature. · Depriving one of sleep · Withholding water and/or food · Requiring public actions that are illegal, embarrassing, or socially unacceptable (e.g. public nudity) · Paddling, branding, beating or other forms of physical assault · Requiring excessive training Hazing occurs even when the participant agrees to cooperate. Willfully Tolerating Misconduct It is a violation when a staff member knows of prohibited misconduct but takes no action to intervene to protect participants or other staff members. It is also a violation to observe illegal and prohibited misconduct and not report it in a timely manner to the appropriate entity or law enforcement authorities. Social Media and Electronic Communications Electronic communications and social media interactions between staff and participants and their parents/guardians is essential with regard to activities, schedules, and administrative issues. Furthermore, social media touting the positive aspects of competition and club promotion should be encouraged. However, the potential for misconduct exists including sexual abuse, emotional abuse, bullying, harassment, and hazing. Social Media, including, Facebook, Twitter, Instagram, Snapchat, etc. The organization may create an official social media account which may connect with other staff, participants, and parents/guardians for the purpose of official organization communications about activities, motivation, team building, and answering posts from staff, participants, and parents/guardians. Staff and minor participants should not connect on social media outside of the organization’s official social media account. Email, Texts, and Instant Messaging A staff member and minor participant may communicate via email, text, or instant message if the communication is about official organization activities. A parent/guardian of minor participants or another staff member should be copied on all such communications sent by a staff member. Digital Photos and Videos Organizations frequently publish photos and videos of activities on their website and social media accounts, and transmit via email to various media outlets. Before publishing a photo or video of any participant, the organization should obtain an image release agreement signed by the parent/guardian. Also, all photos and videos should be taken in public view and should be appropriate and in the best interest of the participant and the organization. Staff should immediately honor any request from parent/guardian to discontinue all digital communications or imagery with a minor participant without any repercussions. Violations of the organization’s electronic communications and social media policy should be reported to the MO or a board member for appropriate disciplinary action including but not limited to suspension, permanent suspension and/or referral to law enforcement. Locker Rooms and Changing Areas Participants are particularly vulnerable to misconduct including bullying, harassment, and hazing in locker rooms/changing areas due to various stages of undress and less direct supervision. The organization should implement the following guidelines: · Sufficient staff supervision that is not overbearing. Staff should always be located just outside of the room to be on call if a problem arises and should make periodic sweeps inside. The sweeps should be conducted by staff who are the same sex as the minor participants. · Prohibit parents/guardians from entering unless it is truly necessary. In such cases, the parent/guardian should inform staff in advance and should be the same sex as the minor participants. · Prohibit the use of all recording devices including smartphones. · Comply with all misconduct rules. · If a minor participant enters a bathroom/locker/changing during a competition, staff should be aware and check to that such minor participant returns within a reasonable time. In the special case of co-ed locker rooms, male and female athletes should use separate changing areas. When separate areas are not available, the male and female participants should take turns using the areas. Travel Travel to and from practices and competitions subject’s participants to risk not only from auto accidents, but also makes them more vulnerable to misconduct, particularly during overnight stays. During overnight stays, participants are away from their families and support networks and find themselves in unfamiliar and less structured settings, such as locker/changing rooms, sports facilities, autos, and hotel rooms. Local travel is not planned or supervised by the organization, but parent/guardian for each participant is responsible for making the travel arrangements. Local travel occurs when minor participants are driven to and from practices and local competitions, usually by parents/guardians in a carpool setting. The guidelines for local travel are as follows: · Drivers should have a valid driver’s license, meet state insurance requirements, and operate a well-maintained vehicle in accordance with state laws. · Staff drivers providing local transportation should not ride alone with an unrelated minor participant. There should be either at least two other participants or another adult in the vehicle at all times unless otherwise agreed to in writing by the parent/guardian of the participant. · Staff drivers who are also the parents/guardians of a minor participant may provide shared transportation but should always pick up their own child first and drop him/her off last. · Staff drivers should have the parent/guardian of participants sign a parental authorization and release form. Team travel usually requires overnight stays and occurs when the team plans and supervises transportation for local, regional, national, or international competitions. For greater travel distances, staff and chaperones will often travel with the participants in order to provide adequate supervision. To follow are guidelines on team travel: · All drivers should have a valid driver’s license, meet state insurance requirements, and operate a well-maintained vehicle in accordance with state laws. · Be sure to maintain appropriate adult-to-minor ratios, which will vary with the age of the participants. · Hotels and air travel should be booked in advance with schedules published for all staff and parents/guardians. · Participants should share rooms with 2 to 4 participants per room depending on room size. Participants should be grouped according to sex and age group. · Attempts should be made to have one chaperone of the same sex for each group. · No chaperone or other staff members should spend the night in the same room with any unrelated minor participants. · Chaperones must be cleared by a criminal background check and undergo awareness training before having any appropriate one-on-one interactions with a minor participant. · The organization should ask the hotel to block pay-per-view channels in the rooms of each participant. · Meetings should not occur in rooms and a large room or suite should be rented so that staff can meet and socialize as a group with minor participants. · Family members attending the event should be encouraged to stay in the same hotel as participants. Staff and Chaperone Responsibilities · Brief participants and parents/guardians prior to travel on policy guidelines, expectations, and travel and competition schedules. · Follow all policies on preventing misconduct including travel, locker/changing rooms, and two-deep leadership. · Assist participants in preparing for competitions. · Encourage minor participants to engage in daily communications with parent/guardian. · Set curfews based on age and competition schedule. · No use of alcohol or drugs by chaperones in the presence of minors and they should not be under the influence while performing duties. · Chaperones should make sure that staff complies with all travel and other misconduct policies. · Immediately report any violation of travel or misconduct policy to MO or a board member. · Notify parent/guardian not traveling with the minor participant of any injuries, discipline problems, or any other concerns. Reporting Misconduct Reporting Child Sexual and Child Physical Abuse Any staff member who has a reasonable suspicion of child sexual abuse or child physical abuse committed by another staff member or participant, must within 24 hours: 1) notify law enforcement authorities as required by state and federal law; and 2) notify the MO or a board member. Under the Safe Sport Act, covered individuals must report suspicions of child abuse, including sexual abuse, within 24 hours to law enforcement. Failure to report may be a criminal violation under state and federal law. A covered individual is any adult who is authorized by an applicable amateur sports organization with a minor or amateur athlete. The MO or a board member should separately report such allegations to the appropriate law enforcement authorities as required by state and federal law. Failure to report such misconduct may be a violation under state and/or federal law. Those making such reports may have civil and criminal immunity as long as the report was made in good faith. An attorney should be consulted prior to reporting for advice on currently applicable state and federal law. Participants and parents are also encouraged to report any reasonable suspicions of child sexual and child physical abuse to the MO or a board member. Resources for assistance with state and federal reporting requirements: · Child Welfare Information Gateway: www.childwelfare.gov · Mandatory Reporters of Child Abuse and Neglect http://www.childwelfare.gov/systemwide/laws_policies/statutes/manda.cfm · State Statute Search: http://www.childwelfare.gov/systemwide/laws_policies/state/ After Reporting to Law Enforcement After a report of reasonable suspicion of misconduct to law enforcement has been made, whether for reasons of child sexual abuse, child physical abuse, or other illegal reportable misconduct, the MO and/or MC should take the following actions: · Do not engage in any internal investigations or attempt to investigate the credibility of any such allegation. An independent investigation may interfere with the investigation of law enforcement. Allow law enforcement to conduct its own investigation. However, the MO or MC member may ask a few clarifying questions of the complainant or minor(s) involved to adequately report the suspicion to law enforcement. · To the extent permitted by law and appropriate, the MO, MC, and/or a board member should protect the names and confidentiality of the complainant (if requested), the accused, and the victims. · Immediately remove the accused staff member from his/her duties. No hearing is required and the accused has no right to defend himself/herself at this point because the safety and wellbeing of the participant is of utmost importance. The MO may simply notify the accused staff member that he/she is no longer eligible to participate in the organization’s activities. · After consulting with legal counsel, the MO or MC may decide at their discretion to inform other staff members, parents, and participants of any child sexual abuse or child physical abuse allegations that law enforcement is actively investigating, in an effort to find out if there may be other cases of child abuse that should also be reported to law enforcement. · Once the investigation by law enforcement has concluded, the MC may reconvene to determine whether or not the accused can be reinstated or reassigned. Even if the investigation is inconclusive, the MC may use its discretion in deciding on reinstatement or reassignment. Reporting Other Misconduct, including Emotional Abuse, Bullying, Harassment, Hazing, or Grooming Behavior Any staff member, participant, or parent who has a reasonable suspicion of emotional abuse, bullying, harassment, hazing, or grooming behavior should report within 24 hours such misconduct to the MO or a board member. Depending on the severity and nature of the allegations, the MO and/or MC should determine whether to immediately report such allegation within 24 hours to the appropriate law enforcement authorities as required by state or federal law. How to Report All Misconduct to the Organization Reports of all misconduct made to MO or to any board member may be made orally or in writing. The information required is the name of complainant(s) making the report, the type of misconduct alleged, the name(s) of the accused staff members who allegedly engaged in the misconduct, the approximate dates of misconduct, and any other relevant information. Responding to Misconduct and Policy Violations Upon receiving a report of emotional abuse, bullying, harassment, hazing, or grooming behavior that is not reportable to law enforcement under state or federal law, the MO and/or MC should investigate and take appropriate action. Factors to be considered in an investigation include the age of the alleged victim, the age of the alleged perpetrator, and the extent, nature, and scope of the allegations. Before taking any disciplinary action, the accused should have an opportunity to present his/her defense. If the accused is a staff member such as a coach, the board should be notified of the pending investigation. If the accused is a minor, his or her coach and parents should be notified in advance. The confidentiality of the complaint, complainant, victim, and accused should be protected by the organization until the outcome of the proceedings is finalized. Notice should be given about any sanction. The investigator should not discuss the ongoing investigation with anyone other than for the purposes of gathering information related to the investigation unless requested otherwise by law enforcement or child protective services. Likewise, participants in the hearing should be requested to keep all information confidential unless requested by law enforcement or child protective services. Sanctions applied should be appropriate and reasonable under the circumstances. Sanctions that may be applied against a staff member: · Referral to law enforcement authorities if a crime is believed to have been committed · Dismissal in the event of extreme cases · Temporary suspension. · Reassignment of duties. · Formal warning. · Place under the supervision of another staff member. Sanctions that may be applied against a participant: · Revocation of membership or participation in competitions · Suspension of membership or participation in competitions · Verbal/written warning · Provided additional education and guidance Whistleblower Protection and Bad Faith Allegation Whistleblowers who report misconduct suspicions in good faith should be protected against any retaliation, punishment, and other harm regardless of the outcome of any investigation. To allow otherwise would defeat the purpose of the child abuse and misconduct risk management plan. Anyone who retaliates is subject to disciplinary action. Likewise, complainants who act in bad faith in making malicious or frivolous allegations are subject to civil and criminal actions and disciplinary action by the organization. Dealing with the Media In the event of media inquiries involving an allegation of misconduct, a single board member or attorney should be appointed as the sole media contact and any comment should be based on the following principles: · The organization has notified the proper law enforcement authorities. · The organization is following its internal policies and procedures regarding the allegation(s). · The privacy of all involved individuals should be respected and protected throughout the proceedings. · The identity of any accused perpetrator should not be disclosed unless 1) law enforcement is actively investigating and the name is a matter of public record; 2) law enforcement believes that the accusation is likely valid; and 3) the organization has taken action to sanction or remove the alleged perpetrator. Screening Volunteers The organization will use www.BeenVerified to verify any past criminal activities in compliance with state and federal laws. The criminal background check vendor should, at a minimum, run records from all 50 states to include the National Criminal Database and the National Sex Offender Registry. In addition, the organization may choose to pay extra to purchase the following enhancements from the vendor: social security number verification, address trace, and manual local county courthouse check based on intelligent choice of counties. Note: See the Risk Management section at www.sadlersports.com for “Types of Background Checks on Volunteers” and “Criminal Background Check Vendors.” All staff with access to youth, including directors, officers, coaches, assistant coaches, managers, travel chaperones, concession workers, field maintenance, etc., should undergo a background check for acceptability prior to initial assignment of duties. Thereafter, a subsequent background check should be run every 3 year(s). Note: options are every year, two years, or three years. Note: Certain employees or independent contractors from outside the sports organization may have access to youth. An example would be a janitor employed by the facility owner. Steps should be taken to make sure that a background check has been run on these individuals by their employer. The MO should be responsible for implementing, monitoring, taking corrective action, disqualifying unfit candidates, and working with third-party background check vendors on all issues related to the criminal background check program. The MO should maintain confidentiality to protect against possible claims of slander or libel. The MO should work with third-party vendors for assistance in interpreting background check results; sending adverse action notifications required by law; and to protect against possible claims under the Fair Credit Reporting Act, First Offender Act, and all other state and federal laws protecting those who undergo criminal background checks. Administration of Criminal Background Checks Disqualification Criteria: To make sure that all staff are treated fairly and consistently, the following disqualification criteria should be used: Individual staff members found to be guilty of the following crimes should be disqualified as a staff member as outlined below. · All sex offenses including child molestation, rape, sexual assault, sexual battery, sodomy, prostitution, solicitation, indecent exposure, etc. · All felony violence including murder, manslaughter, aggravated assault, kidnapping, robbery, aggravated burglary, etc. · Found guilty within the past 10 years of all felony offenses other than violence or sex including drug offenses, theft, embezzlement, fraud, child endangerment, etc. · Found to be guilty within the past 7 years of all misdemeanor violence offenses including simple assault, battery, domestic violence, hit & run, etc. · Found guilty within the past 5 years of misdemeanor drug and alcohol offenses (or multiple offenses in the past 10 years) including driving under the influence, simple drug possession, drunk and disorderly, public intoxication, possession of drug paraphernalia, etc. · Any other misdemeanor within the past 5 years that would be considered a potential danger to children or is directly related to the functions of the staff member, including contributing to the delinquency of a minor, providing alcohol to a minor, theft (if the volunteer is handling funds), etc. Guilty means the applicant was found guilty following a trial, entered a guilty plea, entered a no contest plea accompanied by the court’s finding of guilty, regardless of whether there was an adjudication of guilt (conviction) or a withholding of guilt. This policy does not apply if criminal charges resulted in acquittal, dismissal or in an entry of nolle prosequi. Should any of the pending charges described above be uncovered, or should any of the above charges be brought against an applicant during the season, the applicant should be suspended from serving until the charges are cleared or dropped and the MO approves reinstatement. Staff Applications: Prior to the running of any criminal background check, the applicant should complete a staff application form giving his or her consent to the running of such check. This form should include a question about the existence of any prior criminal convictions and pending investigations. A “yes” answer should require a detailed explanation including the type of offense, locations, and dates. (Note: some background check vendors require the applicant to directly enter their own application information directly into the vendor’s website.) The information obtained in the staff application/consent form, as well as the results of criminal background checks, should be held in strict confidence to protect the confidentiality of the information. It should be kept in a secure location with access by the MO or MC only. Confidential information should not be disclosed outside of the organization and should only be shared within the organization on a need-to-know basis. However, under certain circumstances, the organization may have a legal duty to disclose certain types of information to government agencies or law enforcement. Run Criminal Background Check: After collecting the staff application/consent forms, the MO should verify that they are complete and legible. Next, the applications or information therein should be forwarded to the selected criminal background vendor. (Note: some background check vendors require the applicants to directly enter their own information into the vendor’s website.) Results: The results from the criminal background check vendor should be received by the MO. The MO may need the assistance of the vendor in interpreting the results against the predetermined disqualification criteria. In addition, the MO should ask the vendor about any applicable first-offender acts in a particular state that may disallow the use of the results in making a disqualification decision. All disqualified applicants should be provided with the following documents with the assistance of the background check vendor: 1) Fair Credit Reporting Act: Summary of Rights 2) Letter of disqualification 3) Copy of the criminal background check results. The vendor should advise if there are any other requirements under state or federal law. Appeals Process: Staff candidates disqualified due to an unsatisfactory criminal background check should be given a right to appeal if they notify the MO in writing. Such appeals should be heard by a three-person MC. The MC should decide whether to uphold the decision of the MO. As a compromise, the MC may decide to reassign the applicant to a more appropriate position or to place the candidate under a probationary period. The results of all criminal background checks and appeals should be kept confidential. The written appeal should include: · Full name and address of the appellant · Full name and address of any person making the request for an appeal on behalf of the appellant · The grounds for the appeal, providing a detailed explanation of the appellant’s objections to the decision, additional facts, or factual errors in the decision · The relevant particulars to the appeal, providing any background facts relating to the appeal, including how the appellant is affected by the decision and a detailed description of the requested relief (i.e. what appellant wants the MC to do) · The signature of the appellant or the appellant’s representative, and the date of the appeal. Monitoring and Supervision Compliance The organization and its MO and MC should monitor and supervise the implementation and compliance of the child abuse and misconduct plan as follows: · Require all staff to review this risk management plan and agree to abide by its guidelines and requirements. · Require all staff having repeated access to youth to undergo and pass a criminal background check. · Promptly address any reports of child abuse or other misconduct and take appropriate action. · Observe and periodically spot check compliance with interactions at practice and games, locker/changing rooms, travel arrangements, and social media. · Stay in touch with staff members, participants and parents to learn of any potential instances of misconduct. Child Abuse Training for Minors The Safe Sport Act requires sports organizations to provide minor training on preventing and reporting of child abuse. Our organization should distribute a document entitled “Abuse Avoidance Training for Minors” or a similar document from another source to each parent with a strong recommendation that each parent should review this document with their minor child. Distribution/Acknowledgment/Documentation A hard or electronic copy of this risk management program should be distributed to each staff member prior to the start of every season. Each staff member should acknowledge in writing (print or electronic signature) that they have received and carefully reviewed the plan and that they will refrain from engaging in misconduct and will comply with the policies within this plan. The organization should maintain documentation on an annual basis that the plan was distributed and as staff agreement signatures collected. ________________________________________ Sources: · U.S. Center for SafeSport; SafeSport Code for the U.S. Olympic and Paralympic Movement; 12-28-2017 · U.S. Center for SafeSport; Practices and Procedures; 3-3-2017 · SafeSport Program Handbook; U.S. Figure Skating; 1-1-2018 · USA Basketball SafeSport Program Handbook; 11-9-2017 · Model Youth Football Safe Sport Policy; USA Football; 2-20-2015