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Team Info/Safe Sport

SAFE SPORT

  • MAAPP is the Minor Athlete Abuse Prevention Policy - See Below highlighted in yellow or download the PDF
  • Bullying Policy & Action Plan - See below highlighted in blue
  • Reporting and procedure for reporting to USA Swimming Safe Sport and US Center for Safe Sport
  • ​USA Swimming Code of Conduct from 2019 Rulebook (Below the MAAPP Policy)
  • KCSA action plan to address bullying policy (Below the USA Swimming Code of Conduct)
  • Safe Sport Club Coordinator is Bonnie Boyles (816)805-9483 [email protected]
  • Volunteer Coordinator is Bonnie Boyles (816)805-9483 [email protected]

SAFE SPORT

Minor Athlete Abuse Prevention Policy 2.0 - KC Swim Academy and Infant Aquatics, INC

September 1, 2021

Minor Athlete Abuse Prevention Policy

KC SWIM ACADEMY & INFANT AQUATICS, INC

Effective: September 1, 2021

THIS POLICY APPLIES TO:

In-Program Contact: Any contact (including communications, interactions or activities) between an Adult Participant and any Minor Athlete(s) related to participation in sport. Examples include, but are not limited to: competition, practices, camps/clinics, training/instructional sessions, pre/post event meals or outings, team travel, video review, team- or sport-related team building activities, celebrations, award ceremonies, banquets, team- or sport-related fundraising or community services, sport education, competition site visits, conventions and/or summits.

Adult Participants: Any adult 18 years of age or older who is a:

USA Swimming member, either athlete or non-athlete;
Participating non-member (e.g., meet marshals, meet computer operators, timers, etc.); Authorized, approved or appointed by USA Swimming, Zones, Local Swimming Committees (“LSCs”) or member clubs to have regular contact with (e.g., ongoing interactions during a 12- month period wherein the individual is in a role of active engagement) or authority over Minor Athletes; and/or
Within the governance or disciplinary jurisdiction of USA Swimming, Zones, LSCs or member clubs.

GENERAL REQUIREMENT

USA Swimming Zones, LSCs and member clubs are required to implement this Minor Athlete Abuse Prevention Policy in full. The Minor Athlete Abuse Prevention Policy must be reviewed and agreed to in writing by all athletes, parents/legal guardians, coaches and other non-athlete members of member clubs on an annual basis with such written agreement to be retained by the club or LSC, as applicable.

DEFINITIONS

Athlete: A USA Swimming athlete member.

Authority: When one person’s position over another person is such that, based on the totality of the circumstances, they have the power or right to direct, control, give orders to, or make decisions for that person (e.g., when a power imbalance exists).

Dual Relationship: When an Adult Participant has a relationship with a Minor Athlete that is outside of the sport program. Examples of Dual Relationships include, but are not limited to, family members, mental health professionals, teachers, medical professionals and family friends.

Emergency Circumstances: A serious, unexpected and possibly dangerous situation that requires quick action and cannot be avoided. Emergency circumstances include, but are not limited to: a physical, mental or emotional medical emergency involving the Minor Athlete, relative of the Minor Athlete or relative of an Adult Participant; a Minor Athlete’s suicidal ideations/behavior; a report of abuse; a severe weather event; and last-minute practice changes.

Electronic Communication: Includes, but not limited to, phone calls, emails, videoconferencing, video coaching, text-messaging and social media.

Event or Facility Under Partial or Full Jurisdiction: Includes any USA Swimming sanctioned event (including all travel and lodging in connection with participation in the event) or any facility that USA Swimming, Zones, LSCs or member clubs owns, leases or rents for practice, training or competition.

In-Program: Activities related to participation in sport. Examples include, but are not limited to: competition, practices, meetings, camps/clinics, training/instructional sessions, pre/post event meals or outings, team travel, video review, team- or sport-related team building activities, celebrations, award ceremonies, banquets, team- or sport-related fundraising or community services, sport education, competition site visits, conventions, conferences, summits and/or workshops.

In-Program Contact: Any contact (including communications, interactions or activities) between an Adult Participant and any Minor Athlete(s) related to participation in sport. Examples include, but are not limited to contact occurring at or related to: competition, practices, meetings, camps/clinics, training/instructional sessions, pre/post event meals or outings, team travel, video review, team- or sport-related team building activities, celebrations, award ceremonies, banquets, team- or sport-related fundraising or community services, sport education, competition site visits, conventions, conferences, summits and/or workshops.

In-Program Massage: Any Massage involving an Adult Participant and any Minor Athlete(s) related to participation in sport. Examples include, but are not limited to Massage occurring at or related to: competition, practices, meetings, camps/clinics, training/instructional sessions, pre/post event meals or outings, team travel, video review, team- or sport-related team building activities, celebrations, award ceremonies, banquets, team- or sport-related fundraising or community services, sport education, competition site visits, conventions, conferences, summits and/or workshops.

In-Program Travel: Any transportation or travel involving an Adult Participant and any Minor Athlete(s) related to participation in sport authorized or funded by the Organization. Examples include, but are not limited to transportation or travel to or related to: competition, practices, meetings, camps/clinics, training/ instructional sessions, pre/post event meals or outings, team travel, video review, team- or sport-related team building activities, celebrations, award ceremonies, banquets, team- or sport-related fundraising or community services, sport education, competition site visits, conventions, conferences, summits and/or workshops.

Massage: Any massage, rubdown, athletic training modality including physical modalities (e.g., stretching, physical manipulation, injury rehabilitation, etc.) and electronic or instrument assisted modalities (e.g., stim treatment, dry needling, cupping, etc.).

Minor Athlete: An athlete under 18 years of age who is a USA Swimming member or was a USA Swimming member within the previous 12 months.

Organization: KC SWIM ACADEMY & INFANT AQUATICS, INC.

EXCEPTIONS
[Note: Exceptions apply only where specified]

Close-In-Age Exception: In-Program Contact between an Adult Participant and a Minor Athlete is permitted if:

a. The Adult Participant has no authority over the Minor Athlete; and
b. The Adult Participant is not more than four years older than the Minor Athlete.

Dual Relationship Exception: An Adult Participant has a dual role or relationship with a Minor Athlete. This exception requires written consent of the Minor Athlete’s parent/legal guardian at least annually.

ONE-ON-ONE INTERACTIONS

I. Observable and Interruptible
All one-on-one In-Program Contact interactions between a Minor Athlete and an Adult Participant must occur at an observable and interruptible distance from another adult, except:
a. In emergency circumstances;
b. When a Dual Relationship exists; and/or
c. When the Close-In-Age Exception applies.

MEETINGS AND INDIVIDUAL TRAINING SESSIONS

  1. Meetings

    1. Meetings between a Minor Athlete and an Adult Participant may only occur if another adult is present and where interactions can be easily observed and at an interruptible distance from another adult.

    2. If a one-on-one meeting takes place, the door to the room must remain unlocked and open. If available, it must occur in a room that has windows, with the windows, blinds, and/or curtains remaining open during the meeting.

    3. Meetings must not be conducted in an Adult Participant or Athlete’s hotel room or other overnight lodging location during In-Program Travel.

  2. Meetings with Licensed Mental Health Care Professionals and/or Health Care Providers
    If a licensed mental health care professional and/or health care provider meets one-on-one with a Minor Athlete at an Event or Facility Under Partial or Full Jurisdiction of the Organization in conjunction with participation, the meeting must be observable and interruptible by another adult, except if:
    a. The door remains unlocked;
    b. Another adult is present at the facility;
    c. The other adult is advised that a closed-door meeting is occurring although the Minor Athlete’s identity does not need to be disclosed;
    d. The Organization is notified that the licensed mental health care professional and or health care provider will be meeting with a Minor Athlete; and
    e. The licensed mental health care professional and/or health care provider obtains consent consistent with applicable laws and ethical standards, which can be withdrawn at any time.

  3. Individual Training Sessions

    1. In-Program one-on-one individual training sessions outside of the regular course of training and practice between Adult Participants and Minor Athletes must be observable and interruptible by another adult, except:

      i. When a Dual Relationship exists; and/or

      ii. When the Close-In-Age Exception applies.

    2. The Adult Participant providing the individual training session must receive advance, written consent from the Minor Athlete’s parent/legal guardian at least annually, with a copy provided to the KC SWIM ACADEMY & INFANT AQUATICS, INC. which can be withdrawn at any time.

    3. Parents/legal guardians must be allowed to observe the individual training session.

ELECTRONIC COMMUNICATIONS

  1. Content
    All Electronic Communication from Adult Participants to Minor Athletes must be professional in nature.

  2. Open and Transparent
    a. If an Adult Participant communicates one-on-one with a Minor Athlete via Electronic Communications, the Minor Athlete’s parent/legal guardian must be copied or included. If a Minor Athlete communicates to the Adult Participant privately first, said Adult Participant must copy or include the Minor Athlete’s parent/legal guardian on any Electronic Communication response to the Minor Athlete. Adult Participants must only use Electronic Communication platforms that allow for Open and Transparent communication.

    1. The following exceptions apply to Section II(a):
      i. In emergency circumstances;
      ii. When a Dual Relationship exists; and/or iii. When the Close-In-Age Exception applies.

    2. When an Adult Participant communicates electronically to the entire team or any number of Minor Athletes on the team, said Adult Participant must copy another Adult Participant.

  3. Requests to Discontinue
    Parents/legal guardians may request in writing that their Minor Athlete not be contacted through any form of electronic communication by the Organization or by an Adult Participant subject to this Policy. The Organization must abide by any such request that the Minor Athlete not be contacted via electronic communication, or included in any social media post, absent emergency circumstances.

  4. Hours
    Electronic communications must only be sent between the hours of 5:00 a.m. and 9:00 p.m. local time for the location of the Minor Athlete, unless emergency circumstances exist, or during competition travel.

  5. Prohibited Electronic Communication

    1. Adult Participants are not permitted to maintain private social media connections with Minor Athletes and such Adult Participants are not permitted to accept new personal page requests on social media platforms from Minor Athletes, unless the Adult Participant has a fan page, or the contact is deemed as celebrity contact as opposed to regular contact. Existing social media connections with Minor Athletes must be discontinued. Minor Athletes may “friend”, “like” or “follow” the Organization’s official page.

    2. Adult Participants must not send private, instant or direct messages to a Minor Athlete through social media platforms.

    3. The following exceptions apply to Section V:
      i. When a Dual Relationship exists; and/or
      ii. When the Close-In-Age Exception applies.

IN-PROGRAM TRAVEL AND LODGING

  1. Transportation
    a. During In-Program Travel, observable and interruptible environments must be maintained.
    b. An Adult Participant must not transport a Minor Athlete one-on-one during In-Program Travel and must always transport at least two Minor Athletes or another Adult Participant, except: i. In emergency circumstances;
    ii. When a Dual Relationship exists;
    iii. When the Close-In-Age Exception applies; and/or

    iv. The Minor Athlete’s parent/legal guardian has provided, at least annually, written consent for the Adult Participant to transport the Minor Athlete one-on-one, which can be withdrawn at any time.

    c. Adult Participants, including team managers and chaperones, who travel with the Organization must be USA Swimming non-athlete members of USA Swimming. Adult Participants who are parents/legal guardians of Minor Athletes must pick up their Minor Athlete first and drop off their Minor Athlete last in any shared or carpool travel arrangement.

  2. Lodging

    1. An Adult Participant must not share hotel room, sleeping arrangement or overnight lodging location with an Athlete.

    2. During In-Program Travel, all In-Program Contact in a hotel room, sleeping arrangement or overnight lodging location between an Adult Participant and a Minor Athlete must be observable and interruptible.

    3. During In-Program Travel, when doing room checks, two-deep leadership (two Adult Participants should be present) and observable and interruptible environments must be maintained.

    4. The following exceptions apply to II(a), (b) and (c):

      1. When a Dual Relationship exists, the Adult Participant is not a coach, and the Minor Athlete’s parent/legal guardian has provided advance, written consent for the lodging arrangement; and/or

      2. When the Close-In-Age Exception applies and the Minor Athlete’s parent/legal guardian has provided advance, written consent for the lodging arrangement.

    5. Minor Athletes should be paired to share a hotel room, sleeping arrangement or overnight lodging location with other Minor Athletes of the same competition category and of similar age.

  3. Written Consent
    A Minor Athlete’s parent/legal guardian must provide written consent, at least annually, for all In- Program Travel and lodging during In-Program Travel, which can be withdrawn at any time.

  4. Meetings

    1. Meetings during In-Program Travel must be conducted consistent with the One-on-One Interactions section of this Policy (e.g., any such meeting must be observable and interruptible).

    2. Meetings must not be conducted in an Adult Participant or athlete’s hotel room or other overnight lodging location during In-Program Travel.

LOCKER ROOMS AND CHANGING AREAS

  1. Requirement to Use Locker Room or Changing Area
    The designated locker room or changing area must be used when an athlete or Adult Participant changes, in whole or in part, into or out of a swimsuit when wearing just one suit (e.g., deck changing is prohibited).

  2. Observable and Interruptible
    All In-Program Contact between Adult Participants and Minor Athletes in a locker room, changing area or similar space must be observable and interruptible, except:

    a. In emergency circumstances;
    b. A Dual Relationship exists; and/or
    c. The Close-In-Age exception applies.

  3. Private or Semi-Private Space for Minor Athletes
    The Organization must provide a private or semi-private place for Minor Athletes that need to change clothes or undress at Events or Facilities Under Partial or Full Jurisdiction of the Organization.

  4. Use of Recording Devices
    Use of any device’s (including a cell phone’s) recording capabilities, including voice recording, still cameras and video cameras in locker rooms, changing areas, or similar spaces by a Minor Athlete or an Adult Participant is prohibited.

  5. Undress
    Adult Participants must not change clothes or behave in a manner that intentionally or recklessly exposes his or her breasts, buttocks, groin or genitals to a Minor Athlete under any circumstance. An Adult Participant must not request a Minor Athlete to expose the Minor Athlete’s breasts, buttocks, groin or genitals to the Adult Participant under any circumstance. Nothing in this section shall be construed to apply to areas of the body exposed while wearing swimwear which conforms to the current concept of the appropriate for the individual’s competition category.

  6. Showers

a. Adult Participants must not shower with Minor Athletes unless:

i. The Adult Participant meets the Close-in-Age Exception; and/or

ii. The shower is part of a pre- or post-activity rinse while wearing swimwear.
b. Parents/legal guardians may request in writing that their Minor Athlete(s) not change or shower with Adult Participants during In-Program Contact. The Organization must abide by such a request.

  1. Monitoring
    The Organization must regularly and randomly monitor the use of locker rooms and changing areas to ensure compliance with this Policy. Locker rooms and changing areas may be monitored by use of the following methods:
    a. Conducting a sweep of the locker room or changing area before athletes arrive;
    b. Posting staff directly outside the locker room or changing area during periods of use;
    c. Leaving the doors open when adequate privacy is still possible; and/or
    d. Making occasional sweeps of the locker rooms or changing areas with women checking on female locker rooms and men checking on male locker rooms. Every effort must be made to recognize when a Minor Athlete goes to the locker room or changing area during practice and competition, and, if the Minor Athlete does not return in a timely fashion, to check on the Minor Athlete’s whereabouts.

  2. Parents/legal guardians in Locker Rooms or Changing Areas

If a parent/legal guardian enters a locker room or changing area, it must only be a parent/legal guardian of the same competition category and the parent/legal guardian should notify a coach or administrator in advance.

MASSAGES, RUBDOWNS AND ATHLETIC TRAINING MODALITIES

  1. General Requirement
    Any In-Program Massage performed on an athlete must be conducted in an observable and interruptible location and must be performed by a licensed massage therapist or other certified professional. However, even if a coach is a licensed massage therapist, the coach must not perform a rubdown or massage of an athlete under any circumstance.

  2. Additional Minor Athlete Requirements

    1. Written consent by a parent/legal guardian must be obtained in advance at least annually by the licensed massage therapist or other certified professional which can be withdrawn at anytime.

    2. Parent/legal guardians must be allowed to observe the Massage, except for competition or training venues that limit credentialing.

    3. Any Massage of a Minor Athlete must be done with at least one other Adult Participant physically present and must never be done with only the Minor Athlete and the person performing the Massage in the room.

    4. Any Massage of a Minor Athlete must be performed with the Minor Athlete fully or partially clothed, ensuring that the breasts, buttocks, groin or genitals are always covered. Nothing in this section shall be construed to apply to areas of the body exposed while wearing swimwear which conforms to the current concept of the appropriate for the individual’s competition category.

    5. Any Massage of a Minor Athlete must only occur after a proper diagnosis from a treating physician and be done in the course of care according to the physician’s treatment plan.

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Action Plan of the KC Swim Academy and Infant Aquatics, Inc. to Address Bullying 

PURPOSE  

Bullying of any kind is unacceptable at KC Swim Academy and Infant Aquatics, Inc. (the “Club”) and will not be tolerated. Bullying is counterproductive to team spirit and can be devastating to a victim.  The Club is committed to providing a safe, caring and friendly environment for all of our members.  If bullying does occur, all athletes and parents should know that incidents will be dealt with promptly and effectively. Anyone who knows that bullying is happening is expected to tell a coach, board member or athlete/mentor.

Objectives of the Club’s Bullying Policy and Action Plan:

  1. To make it clear that the Club will not tolerate bullying in any form.
  2. To define bullying and give all board members, coaches, parents and swimmers a good understanding of what bullying is.
  3. To make it known to all parents, swimmers and coaching staff that there is a policy and protocol should any bullying issues arise.
  4. To make how to report bullying clear and understandable. 
  5. To spread the word that KC Swim Academy & Infant Aquatics takes bullying seriously and that all swimmers and parents can be assured that they will be supported when bullying is reported.

WHAT IS BULLYING?

The USA Swimming Code of Conduct prohibits bullying. Generally, bullying is the use of aggression, whether intentional or not, which hurts another person.  Bullying results in pain and distress.  

The USA Swimming Code of Conduct defines bullying in 304.3.7.  Bullying is the severe or repeated use by one or more USA Swimming members of oral, written, electronic or other technological expression, image, sound, data or intelligence of any nature (regardless of the method of transmission), or a physical act or gesture, or any combination thereof, directed at any other member that to a reasonably objective person has the effect of:

  1. causing physical or emotional harm to the other member or damage to the other member’s property; 
  2. placing the other member in reasonable fear of harm to himself/herself or of damage to his/her property; 
  3. creating a hostile environment for the other member at any USA Swimming activity; 
  4. infringing on the rights of the other member at any USA Swimming activity; or 
  5. materially and substantially disrupting the training process or the orderly operation of any USA Swimming activity (which for the purposes of this section shall include, without limitation, practices, workouts and other events of a member club or LSC).

REPORTING PROCEDURE

An athlete who feels that he or she has been bullied is asked to do one or more of the following things: 

  • Talk to your parents;
  • Talk to a Club Coach, Board Member, or other designated individual;
  • Write a letter or email to the Club Coach, Board Member, or other designated individual;
  • Make a report to the USA Swimming Safe Sport staff.

There is no express time limit for initiating a complaint under this procedure, but every effort should be made to bring the complaint to the attention of the appropriate club leadership as soon as possible to make sure that memories are fresh and behavior can be accurately recalled and the bullying behavior can be stopped as soon as possible. 
 

HOW WE HANDLE BULLYING

If bullying is occurring during team-related activities, we STOP BULLYING ON THE SPOT using the following steps:

  1. Intervene immediately. It is ok to get another adult to help.
  2. Separate the kids involved.
  3. Make sure everyone is safe.
  4. Meet any immediate medical or mental health needs.
  5. Stay calm. Reassure the kids involved, including bystanders.
  6. Model respectful behavior when you intervene.

If bullying is occurring at our club or it is reported to be occurring at our club, we address the bullying by FINDING OUT WHAT HAPPENED and SUPPORTING THE KIDS INVOLVED using the following approach: 

FINDING OUT WHAT HAPPENED

  1. First, we get the facts.  
    1. Keep all the involved children separate. 
    2. Get the story from several sources, both adults and kids.
    3. Listen without blaming.
    4. Don’t call the act “bullying” while you are trying to understand what happened.
    5. It may be difficult to get the whole story, especially if multiple athletes are involved or the bullying involves social bullying or cyber bullying. Collect all available information.
  2. Then, we determine if it's bullying. There are many behaviors that look like bullying but require different approaches. It is important to determine whether the situation is bullying or something else.  
    1. Review the USA Swimming definition of bullying;
    2. To determine if the behavior is bullying or something else, consider the following questions:
  3. What is the history between the kids involved? 
  4. Have there been past conflicts?
  5. Is there a power imbalance? Remember that a power imbalance is not limited to physical strength. It is sometimes not easily recognized. If the targeted child feels like there is a power imbalance, there probably is.
  6. Has this happened before? Is the child worried it will happen again?
    1. Remember that it may not matter “who started it.” Some kids who are bullied may be seen as annoying or provoking, but this does not excuse the bullying behavior.
    2. Once you have determined if the situation is bullying, support all of the kids involved. 

SUPPORTING THE KIDS INVOLVED

  1. Support the kids who are being bullied
    1. Listen and focus on the child. Learn what’s been going on and show you want to help. Assure the child that bullying is not their fault.
    2. Work together to resolve the situation and protect the bullied child. The child, parents, and fellow team members and coaches may all have valuable input. It may help to:
      1. Ask the child being bullied what can be done to make him or her feel safe. Remember that changes to routine should be minimized. He or she is not at fault and should not be singled out. For example, consider rearranging lane assignments for everyone. If bigger moves are necessary, such as switching practice groups, the child who is bullied should not be forced to change.
      2. Develop a game plan. Maintain open communication between the Club and parents. Discuss the steps that will be taken and how bullying will be addressed going forward. 
    3. Be persistent. Bullying may not end overnight. Commit to making it stop and consistently support the bullied child.
  2. Address bullying behavior
    1. Make sure the child knows what the problem behavior is. Young people who bully must learn their behavior is wrong and harms others.
    2. Show kids that bullying is taken seriously. Calmly tell the child that bullying will not be tolerated. Model respectful behavior when addressing the problem.
    3. Work with the child to understand some of the reasons he or she bullied. For example:
      1. Sometimes children bully to fit in or just to make fun of someone is a little different from them.  In other words, there may be some insecurity involved.
      2. Other times kids act out because something else—issues at home, abuse, stress—is going on in their lives. They also may have been bullied. These kids may be in need of additional support. 
    4. Involve the kid who bullied in making amends or repairing the situation. The goal is to help them see how their actions affect others. For example, the child can:
      1. Write a letter apologizing to the athlete who was bullied.
      2. Do a good deed for the person who was bullied, for the Club, or for others in your community.
      3. Clean up, repair, or pay for any property they damaged.
    5. Avoid strategies that don’t work or have negative consequences:
      1. Zero tolerance or “three strikes, you’re out” strategies don’t work. Suspending or removing from the team swimmers who bully does not reduce bullying behavior. Swimmers may be less likely to report and address bullying if suspension or getting kicked off the team is the consequence.
      2. Conflict resolution and peer mediation don’t work for bullying. Bullying is not a conflict between people of equal power who share equal blame. Facing those who have bullied may further upset kids who have been bullied.
    6. Follow-up. After the bullying issue is resolved, continue finding ways to help the child who bullied to understand how what they do affects other people. For example, praise acts of kindness or talk about what it means to be a good teammate.
  3. Support bystanders who witness bullying.  Every day, kids witness bullying. They want to help, but don’t know how. Fortunately, there are a few simple, safe ways that athletes can help stop bullying when they see it happening. 
    1. Be a friend to the person being bullied;
    2. Tell a trusted adult – your parent, coach, or club board member;
    3. Help the kid being bullied get away from the situation.  Create a distraction, focus the attention on something else, or offer a way for the target to get out of the situation.  “Let’s go, practice is about to start.” 
    4. Set a good example by not bullying others. 
    5. Don’t give the bully an audience.  Bullies are encouraged by the attention they get from bystanders.  If you do nothing else, just walk away. 

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ARTICLE 304 CODE OF CONDUCT

304.1 The mission of USA Swimming is to encourage participation and the pursuit of excellence in all aspects of swimming. USA Swimming grants the privilege of membership to individuals and organizations committed to that mission. The privilege of membership may, therefore, be withdrawn or denied by USA Swimming at any time where USA Swimming 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 to better serve the interests of those who participate in swimming, USA Swimming has adopted this 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:Measures to be adjudicated by the USA Swimming National Board of Review

  1. Violation of the right to compete provisions set forth in Article 301.

  2. 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, gender identity, genetics, mental or physical disability, or any other status protected by federal, state or local law, where applicable, is prohibited.

  3. Violation of any of the Athlete Protection Policies set forth in Article 305.

  4. 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.

  5. Any violation of the FINA Rules on the Prevention of Manipulation of Competition as found in the current FINA Manual, including (i) betting: (ii) manipulating competitions; (iii) corrupt conduct; (iv) misuse of inside information; (v) failure to report; and (vi) failure to cooperate.

  6. 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 or (ii) any offense involving use, possession, distribution or intent to distribute illegal drugs or sub- stances.

7. 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.

94 2019 Rules & Regulations

304.3

  1. The use of illegal drugs in the presence of an athlete, by a coach, official, trainer, or a per- son who, in the context of swimming, is in a position of authority over, that athlete.

  2. The providing of alcohol to an athlete by a coach, official, trainer, manager or any other per- son where the athlete is under the legal age allowed to consume or purchase alcohol in the state where the alcohol is provided.

  3. 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.

  4. For any USA Swimming member club or coach to knowingly:

    1. A  allow any person who has been sanctioned with a membership suspension by the Cen- ter for SafeSport or USA Swimming to coach or instruct any of its athlete members,

    2. B  aid or abet coaching or instruction of athletes by any person who has been sanctioned with a membership suspension by the Center for SafeSport or USA Swimming or

    3. C  allow any person who has been sanctioned with a membership suspension by the Cen- ter for SafeSport or USA Swimming to have an ownership interest in such USA Swim- ming club or its related entities.

Measures to be adjudicated by the USA Swimming Zone Boards of Review

  1. Any act of fraud, deception or dishonesty in connection with any USA Swimming-related activity.

  2. 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.

  3. 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

  1. B  Placed in or on any item that is sold.
  1. Violation of any team misconduct rule as established by the USOC, USA Swimming, any Zone or LSC team authority.16.
  1. 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.

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3

304.3

Measure to be adjudicated by the U.S. Anti-Doping Agency

.17 Violationoftheanti-dopingprovisionssetforthin303.3.

Measure to be adjudicated by the U.S. Center for SafeSport

.18 ViolationoftheSafeSportCode.[Seepage154]

ARTICLE 305
ATHLETE PROTECTION POLICIES

The following policies related to Athlete Protection are mandatory components of the USA Swim- ming Code of Conduct:

305.1 Inappropriate touching between an athlete and an adult non-athlete member or Partici- pating Non-Member (as defined in 401.1) is prohibited, including, but not limited to, excessive touching, hugging, kissing, and having an athlete sit on a non-family member adult’s lap.

305.2 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 toward 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) is prohibited.

305.3 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 ath- lete, is prohibited unless such adult is a licensed massage therapist or other certified profes- sional. 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.

305.4 Use of audio or visual recording devices, including a cell phone camera, is not allowed in changing areas, rest rooms or locker rooms.

305.5 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 owner- ship 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 volun- teers 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 pro- hibited from serving as a timer, marshal, or computer operator, or otherwise being on deck at any time in connection with a USA Swimming activity.

305.6 TRAVEL

  1. .1  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.

  2. .2  Team managers and chaperones must be members of USA Swimming and have success- fully passed a USA Swimming-required criminal background check.

  3. .3  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.

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.4 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.

305.7 Clubs shall establish their own action plans for implementing USA Swimming’s anti-bully- ing 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.

305.8 Clubs shall establish their own electronic communication/social media policy. USA Swim- ming 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 the SafeSport Code for the U.S. Olympic and Paralympic Movement to the U.S. Center for SafeSport. 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 304.3.18.

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 304.3.18 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.

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