Policy: Athlete/Member/Employee Protection
Plan and CODE OF CONDUCT
The mission of Dad’s Club Swim Team (DCST) is to encourage
participation and the pursuit of excellence in all aspects of swimming. Dads
Club Swim Team grants the privilege of membership and of employment to
individuals and organizations committed to that mission. The privilege of
membership and employment may, therefore, be withdrawn or denied by DCST at any
time where DCST determines that a member or prospective member's conduct is inconsistent
with the mission of the organization or the best interest of the sport and
those who participate in it.
In order to assist all members/employees to better serve the
interests of those who participate in swimming,
Dad’s Club Swim Team has adopted this USA Swimming Code of
Conduct for all it’s members, adults, facility members, parents, volunteers and
employees. Additionally it utilizes the US Safesport guidelines in
determinations of violations and definitions.
Dad’s Club Swim Team encourages all members, adults, facility
members, parents, volunteers and employees to report any violations to the USA
Swimming Code of Conduct immediately to the Executive Director of Dad’s Club
Swim Team. Violators may be denied membership/employment, censured, placed on
probation, suspended for a definite or indefinite period of time with or
without terms of probation, fined or expelled from the Dad’s Club Swim Team and
violators will be reported to USA Swimming.
USA Swimming Code of Conduct:
304.2 Any member, former member, or prospective
member of USA Swimming is subject to the jurisdiction of the Board of Review.
Any member, former member, or prospective member of
USA Swimming may be denied membership, censured, placed on
probation, suspended for a definite or indefinite period of time with or
without terms of probation, fined or expelled from USA
Swimming for life if such person violates the provisions of the
USA Swimming Code of Conduct, set forth in 304.3, or aids, abets or encourages
another person to violate any of the provisions of the USA Swimming Code of
Conduct. USA Swimming shall initiate an investigation of any former member of
USA Swimming when a report required under 306.1 is received.
304.3 The following shall be considered violations
of the USA Swimming Code of Conduct:
- Violation of the right to compete provisions set forth in
Article 301.
- Violation of the anti-doping provisions set forth in 303.3.
- Discrimination in violation of the Amateur Sports Act which
requires that USA Swimming must provide an equal opportunity to athletes,
coaches, trainers, managers, administrators, and officials to participate in
the sport of swimming. Athletes must be allowed to participate and compete to
the fullest extent allowed by the Rules and Regulations. Discrimination against
any member or participant on the basis of age, gender, race, ethnicity,
culture, religion, sexual orientation, gender expression, genetics, mental or
physical disability, or any other status protected by federal, state or local
law, where applicable, is prohibited.
- Violation of any of the Athlete Protection Policies set forth
in Article 305.
- Violation of any of the Sexual Misconduct Reporting
Requirements set forth in Article 306 or the Prohibitions Against Retaliation
for Good Faith Reporting of Abuse set forth in Article 307.
- Conviction of, imposition of a deferred sentence for, or any
plea of guilty or no contest at any time, past or present, or the existence of
any pending charges, for (i) any felony, (ii) any offense involving use,
possession, distribution or intent to distribute illegal drugs or substances,
(iii) any crime involving sexual misconduct, or (iv) any criminal offense
against a minor.
- A) Any inappropriate sexual conduct or advance, or other inappropriate
oral, written, visual, or physical conduct of a sexual nature at any time, past
or present, directed towards an athlete or any person under the age of eighteen
(18) by (i) a coach member or other non-athlete member, or (ii) any other adult
participating in any capacity whatsoever in the activities of USA Swimming
(whether such adult is a member or not).
- B) Any act of sexual harassment, including without limitation
unwelcome sexual advances, requests for sexual favors, and other inappropriate oral,
written, visual, or physical conduct of a sexual nature in connection with or
incidental to a USA Swimming-related activity by any person participating in
the affairs or activities of USA Swimming (whether such person is a member or
not) directed toward any member or other person participating in the affairs or
activities of USA Swimming.
- C) A romantic or sexual relationship, even if it is a consensual
relationship between adults, which began during the swimming relationship,
between athletes and those individuals
- (i) having direct supervisory or evaluative control, or (ii) who
are in a position of power and trust over the athlete. Except in circumstances
where no imbalance of power exists, coaches have this direct supervisory or
evaluative control and are in a position of power and trust over those athletes
they coach. The prohibition on romantic or sexual relationships does not
include those relationships where it can be demonstrated that there is no
imbalance of power. For example, this prohibition does not apply to a
relationship between two spouses or life partners which existed prior to the
swimming relationship. For factors that may be relevant to determining whether
an imbalance of power exists, consult the USOC’s Safe Sport Policies at www.teamusa.org/Footer/Legal/Governance-Documents.
- D) Any peer-to-peer sexual abuse. For the purposes of the Code of
Conduct, the term “peer-to-peer sexual abuse” shall mean any unwelcome physical
conduct of a sexual nature directed towards a minor athlete by another minor
athlete.
8. The sale or distribution of illegal drugs or the illegal sale
or distribution of any substance listed on FINA's recognized list of banned
substances.
9. The use of illegal drugs in the presence of an athlete, by a
coach, official, trainer, or a person who, in the context of swimming, is in a
position of authority over, that athlete.
10. The providing of alcohol to an athlete by a coach, official,
trainer, manager or any other person where the athlete is under the legal age
allowed to consume or purchase alcohol in the state where the alcohol is
provided.
11. The abuse of alcohol in the presence of an athlete under the
age of eighteen (18), by a coach, official, trainer, or a person who, in the
context of swimming, is in a position of authority over that athlete.
12. Abuse
- A) Physical abuse of an athlete by any person who, in the context
of swimming, is in a position of authority over that athlete. “Physical abuse”
is defined as a non-accidental injury and/or an injury primarily caused by the
gross negligence on the part of the person in a position of authority over the
athlete.
- B) Bullying of an athlete by a coach member or other non-athlete
member who is in a position of authority over that athlete.
13. Bullying of a member or Participating Non-Member of USA
Swimming by a non-athlete member. Allegations of Bullying of an athlete member
by a coach member shall be investigated under 304.3.12. Bullying of an athlete
member of USA Swimming by another athlete member shall not be considered a Code
of Conduct violation, except in the most egregious and flagrant situation, but
is nevertheless a serious matter to be handled by the applicable club(s)
pursuant to its anti-bullying plan required under 305.6.
14. For any USA Swimming member club or coach to knowingly:
- A) allow any person who has been placed on the USA Swimming list
of “Individuals Permanently Suspended or Ineligible” to coach or
instruct any of its athlete members,
- B) aid or abet coaching or instruction of athletes by any person
who has been placed on the USA Swimming list of “Individuals Permanently
Suspended or Ineligible,” or
- C) allow any person who has been placed on the USA Swimming list
of “Individuals Permanently Suspended or Ineligible” to have an
ownership interest in such USA Swimming club or its related entities.
15. Any act of fraud, deception or dishonesty in connection with
any USA Swimming-related activity.
16. Any non-consensual physical contact, obscene language or
gesture, or other threatening language or conduct directed towards any meet
official and which is related to any decision made by such official in
connection with a USA Swimming sanctioned competition.
17. Action, other than through general advertising, by a coach,
owner, officer, volunteer, representative, or employee of a swim club, or a USA
Swimming or LSC employee, either through direct contact with an athlete or the
encouragement of others, to recruit or otherwise encourage an athlete who is
already a member of a USA Swimming member swim club to leave that club, unless
the acting party receives prior written approval to recruit or encourage the
athlete to change affiliation from the designated club representative of the
athlete's existing USA Swimming-member swim club or contact is initiated by the
athlete, the athlete's parent or authorized representative. General advertising
includes any information that is:
- A) Distributed to an identifiable general population where there
is a reasonable expectation that the majority of that population are not
current members of USA Swimming, or
- B) Placed in or on any item that is sold. In the event of a
violation of this section, a sanction may be imposed against any coach, owner,
officer, volunteer, representative or employee of a swim club, or against any
such club, or any combination thereof, as appropriate.
18. Violation of any team misconduct rule as established by the
USOC, USA Swimming, any Zone or LSC team authority.
19. Any other material and intentional act, conduct or omission
not provided for above, which is detrimental to the image or reputation of USA Swimming, a LSC or the sport of swimming.
ARTICLE 305
2017 ATHLETE PROTECTION POLICIES
The
following policies related to Athlete Protection are mandatory components of
the USA Swimming Code of Conduct:
305.1 Inappropriate
touching between an athlete and an adult non-athlete member or
Participating Non-Member (as defined in 401.1) is prohibited, including, but
not limited to, excessive touching, hugging, kissing, sexually oriented behavior,
sexually stimulating or otherwise inappropriate games, and having an athlete
sit on a non-family member adult’s lap.
305.2 Any rubdown or
massage performed on an athlete by any adult member or Participating Non-Member, excluding the
spouse, parent, guardian, sibling, or personal assistant of such athlete, is
prohibited unless such adult is a licensed massage therapist or other certified
professional.
Any
rubdown or massage performed at a swim venue by a licensed professional must be
conducted in open/public locations and must never be done with only the athlete
and licensed massage therapist in the room. Even if a coach is a licensed
massage therapist, the coach shall not perform a rubdown or massage of an
athlete under any circumstances.
305.3 Use of audio or
visual recording devices, including a cell phone camera, is not allowed in
changing areas, rest rooms or locker rooms.
305.4 Employees and
volunteers of USA Swimming, Zones, LSCs and member clubs who interact directly
and frequently with athletes as a regular part of their duties and individuals
with any ownership interest in a member club must be non-athlete members of USA
Swimming and satisfactorily complete criminal background checks as required by
USA Swimming. This does not apply to volunteers such as timers, marshals,
computer operators, etc. who only have limited contact with athletes during a
meet. Any individual who is banned, currently suspended or ineligible for
membership is prohibited from serving as a timer, marshal, or computer
operator, or otherwise being on deck at any time in connection with a USA
Swimming activity.
305.5 Travel
- Regardless of gender, a coach shall not share a hotel room or other sleeping
arrangement with an athlete unless the coach is the parent, guardian, sibling,
or spouse of that particular athlete
- Team
managers and chaperones must be members of USA Swimming and have successfully
passed a USA Swimming-required criminal background check.
- When
only one athlete and one coach travel to a competition, the athlete must have
his/her parent's (or legal guardian’s) written permission in advance to travel
alone with the coach.
- Clubs and LSCs shall develop their own travel policies. USA Swimming will
provide a model club travel policy as an example. Club travel policies must be
signed and agreed to by all athletes, parents, coaches and other adults
traveling with the club.
305.6 Clubs shall
establish their own action plans for implementing USA Swimming’s anti-bullying
policy. USA Swimming shall provide a model plan as an example which shall serve
as the default for any club that fails to establish its own plan. Club
anti-bullying plans must be reviewed and agreed to annually by all athletes,
parents, coaches and other non-athlete members of the club.
305.7 Clubs shall
establish their own electronic communication/social media policy. USA Swimming
shall provide a model policy as an example, which shall serve as the default
for any club that fails to establish its own policy. Club electronic communication
policies should be reviewed and agreed to annually by all athletes, parents,
coaches and other non-athlete members of the club.
ARTICLE 306
SEXUAL MISCONDUCT REPORTING REQUIREMENTS
306.1 It is every
member’s responsibility to promptly report any incident regarding sexual
misconduct by a member as described in Article 304.3.7 to USA Swimming’s
Director of Safe Sport. Reporting must occur when an individual has firsthand
knowledge of misconduct or where specific and credible information has been
received from a victim or knowledgeable third party. Various state laws may
also require reporting to law enforcement or to a designated child protection
agency.
306.2 Filing a knowingly
false allegation of sexual misconduct is prohibited and may violate state
criminal law and civil defamation laws. Any person making a knowingly false
allegation of sexual misconduct shall be subject to disciplinary action by USA
Swimming.
306.3 Neither civil nor
criminal statutes of limitation apply to reports of cases of sexual abuse.
ARTICLE 307
PROHIBITIONS AGAINST RETALIATION FOR GOOD
FAITH REPORTING OF ABUSE
307.1 No Member shall
retaliate against any individual who has made a good faith report under 306.1
or 304.3.12.
307.2 For the purposes of
307.1, there shall be a rebuttable presumption that any adverse action
regarding the employment, membership, or other material rights of an individual
who has made a good faith report under 306.1 or 304.3.12 within 90 days of a
report is retaliatory. An adverse action includes, without limitation:
discharge or termination; demotion or reduction in compensation for services;
or the removal of or from, or restrictions on, access to facilities, team
activities or team membership privileges.
MANDATORY REPORTING RULE
ARTICLE 306
SEXUAL MISCONDUCT REPORTING REQUIREMENTS
- It is every member’s responsibility to promptly report
any incident regarding sexual misconduct by a member as described in Article
304.3.8 to USA Swimming’s Director of Safe Sport. Reporting must occur
when an individual has firsthand knowledge of misconduct or where specific and
credible information has been received from a victim or knowledgeable third
party. Various state laws may also require reporting to law enforcement
or to a designated child protection agency.
- No member shall retaliate against any individual who has made
a good faith report under 306.1.
- False reporting of sexual misconduct made in bad faith is
prohibited.
- Neither civil nor criminal statutes of limitation apply to
reports of cases of sexual abuse.”
