(U.S.) AMATEUR SPORTS

This document may be freely copied, printed, or distributed for personal, nonprofit, governmental, or educational use, if the copy displays this permission statement with the copyright: © Pinion Feather Press, LLC, 2020, 2023.

There is overlap in the statutes on reporting for amateur sports and the military.

WHO:        Permissive reporting is not addressed or forbidden by the statutes reviewed; the federal sport agency encourages anyone to report, especially for sexual abuse.  [X(A)(2) at https://uscenterforsafesport.org/wp-content/uploads/2020/03/2020-SafeSport-Code-04.01.20.pdf]

Victims of child abuse are NOT required to self-report the abuse.  [34 U.S.C. § 20341(i)]

These are “covered individuals” (MUST report): (a) an ADULT who is authorized (b) by a national governing body (NGB), NGB member, or an amateur sports organization (ASO) that participates in interstate or international amateur athletic competition, (c) to interact with a minor or amateur athlete at (d) an amateur sports organization facility or at any event sanctioned by the NGB, NGB member, or ASO. NGBs include U.S. Olympic & U.S. Paralympic organizations.  The adults include military members who have any of these roles for the military and its dependents.  [34 U.S.C. §§ 20341(b),(c)(9)]

·        NOTE: For a list of amateur sports with national governing bodies, see: https://en.wikipedia.org/wiki/Category:Sports_governing_bodies_in_the_United_States ; https://uscenterforsafesport.org/wp-content/uploads/2019/09/NGBlist.92619.pdf

·       NOTE FOR COVERED PROFESSIONALS: The mandate is limited to observations made while practicing their professions or professional activities on federal sites.

·       NOTE: FOR COVERED INDIVIDUALS: The mandate is not limited to observations made in particular circumstances or places.

·       STANDARD:  The statute does not define “child”, but in another federal statute on child abuse (42 U.S.C. § 5101 Note) it means under age 18. The sport agency’s Code defines it as someone who is, or is believed by the alleged violator to be, under age 18.  [SafeSport Code For The U.S. Olympic and Paralympic Movement (4/1/2020) § (I)(F),(G)]

o    For covered professionals (as to federal sites): (a) while engaged in his/her professional capacity or activity (b) on Federal land or in a federally operated or contracted facility, (c) learns of facts that give reason to suspect that (d) a child suffered an incident of child abuse (or neglect).  [34 U.S.C. § 23041(a)(1)] 

o    For covered individuals: (a) learns of facts that give reason to suspect that (b) a child suffered an incident of child abuse (or neglect). [34 U.S.C. § 20341(a)(2)]

                                             (i)     As the statute is written, the abuse may be but isn’t limited to sexual abuse.

                                            (ii)     As the statute is written, amateur athletic organization adults are mandatory reporters BUT their mandates are NOT limited to amateur athletes. Their reporting may be mandatory for suspected abuse of ANY minor.

o    For other reporters (by analogy to covered reporters): learns of facts that give reason to suspect that a child suffered an incident of child abuse (or neglect).

·       PRIVILEGE:  Privilege is not addressed in the statutes reviewed. But, 34 U.S.C. § 20341 grants no reporting exception for medical, mental health, or counseling workers.

WHEN:      For covered individuals: AS SOON AS POSSIBLE (meaning, within 24 hours).  [34 U.S.C. §§ 20341(a)(2),(c)(12)] 

WHERE & HOW:  The reporting protocol depends on the circumstance.  

(1)   FOR ABUSED AMATEUR ATHLETES (minors) who are under national governing bodies: report to both the Center and local law enforcement.  [34 § 220530(a)(2)(A)]

(a)   For a life-threatening emergency:     Dial 911, report afterward.

(b)   For reports:    U.S. Center for Safe Sport (“Center”).  This concerns reporting not only for mainstream nationwide-governed sports, but also Olympic and Paralympic sports. The Center takes reports and investigates.

                                                  (i)     Hotline (Mon.-Fri., 9-5, Mountain Time):        1-720-531-0340

                                                 (ii)     Online reporting:         https://safesport.i-sight.com/portal

                                               (iii)     24/7 Helpline:                                                  1-866-200-0796

(c)   Local law enforcement agency at the state OR federal level. A directory is posted: https://www.usacops.com/ , or see this Digest’s section for that jurisdiction.

(d)   To report other forms of misconduct (bullying, hazing, harassment, etc.), contact the organization that the abused person is involved with: NGB (the sport’s national governing body; LAO (local affiliated organization, such as a club affiliated directly with an NGB or its regional or state affiliate; HPMO (high performance management organization, such as for conditioning & skill work); or USOPC (U.S. Olympic & Paralympic Committee). Some sports have links to their NGB posted at https://uscenterforsafesport.org/wp-content/uploads/2019/09/NGBlist.92619.pdf

(e)   A table on reporting protocols is shown below.  [(X). at https://uscenterforsafesport.org/wp-content/uploads/2020/03/2020-SafeSport-Code-04.01.20.pdf]  Child Abuse is physical, emotional and sexual abuse, and negligent treatment, all from 34 U.S.C. § 20341, which forms one portion of 34 U.S.C. § 220530, and the other abuse categories from § 220530 (and its SafeSport agency) overlap them.

(2)   FOR AMATEUR ATHLETES (minors) not under national governing bodies but who are abused in sports groups that compete interstate or internationally:  [34 § 220530; https://uscenterforsafesport.org/wp-content/uploads/2019/09/NGBlist.92619.pdf]

(a)   For a life-threatening emergency:                             Dial 911

(b)   Otherwise contact local law enforcement at the state or federal level. A directory is posted at usacops.com/ or see the section in this digest for that jurisdiction.

(3)   FOR OTHER VICTIMS (minors) see this Digest’s relevant other jurisdiction sections.

OTHER ASPECTS

·       REPORT DETAILS (for Amateur Athlete (minor) under national governing body):  As much information as possible for: (a) (this is optional) reporter’s name, phone number, organization affiliation, and email; (b) whether the abuse occurred over several days, and incident details; (c) person(s) involved and for each their role (victim / accused / unknown / witness), with name, phone number, organization affiliation, and birth date; and (d) supporting documentation (by upload).  [https://safesport.i-sight.com/portal] 

·       REPORT DETAILS (for Amateur Athlete (minor) in an organization that competes in interstate or international competition but is NOT under a national governing body):  See the section of this Digest for the jurisdiction where the report will be made.  

·       REPORTER PROTECTION;  (1) The federal statutes reviewed do not require a report-maker to identify him/herself; local laws vary; (2) The federal statutes reviewed do not address disclosure of the reporter’s identity to others; local laws vary. (3) All reporters in good faith are immune from civil or criminal liability, and good faith is presumed; legal fees may be awarded if sued over the report; there is no immunity for reports in bad faith.  [34 U.S.C. § 20341(g)]  Amateur sports organizations must not retaliate against any individual who reports.  [34 U.S.C. § 220530(a)(4)] 

WHY:        A covered individual (adult participant) who fails to report immediately  commits a class A misdemeanor and will be fined < $100,000 and/or imprisoned for < 1 year.  [18 U.S.C. § 2258]  Failure to report may also violate state law and may be disciplined by the Center.    A knowingly false allegation by an adult participant is subject to discipline from the Center and possibly under state law. A participant (minor or not) may be sanctioned if s/he or his/her advisor, or a guardian or family member of a minor participant, attempts to (a) abuse the reporting process by falsifying, distorting, or misrepresenting information, or (b) retaliate for a report.  [SafeSport Code For The U.S. Olympic and Paralympic Movement (4/1/2020) § (I)(F),(G)]

WHAT:      Federal law for amateur athletes (minors) defines child abuse as physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.  [34 U.S.C. § 20341(c)(1)]  Where the report is for minors under state law; check that section of the digest.  [VIII.B. at https://uscenterforsafesport.org/wp-content/uploads/2020/03/2020-SafeSport-Code-04.01.20.pdf]

·        Exception:  DISCIPLINE is NOT abuse when administered by a parent or legal guardian to his or her child, provided it is (a) reasonable in manner and (b) moderate in degree and (c) otherwise does not constitute cruelty.  [34 U.S.C. § 20341(c)(8)]

Initial Screening Criteria: (1) For abuse of an amateur athlete under a national governing body: (a) reason to believe that (b) a participant in the movements (c) violated the Code. The latest version of the SafeSport code is linked at https://uscenterforsafesport.org/response-and-resolution/safesport-code/ ; (2) For an amateur athlete who is NOT under a national governing body, the criteria of the jurisdiction where the report is made apply.

Reportable:

(1)   Participants (child or adult) and anyone acting for them for any of: (a) criminal charges or dispositions (b) child abuse (c) sexual misconduct; (d) emotional & physical misconduct including stalking, bullying, hazing, and harassment; (e) aiding & abetting; (f) misconduct related to reporting; (g) misconduct related to the process; (h) other inappropriate conduct; or (i) violating abuse prevention and proactive policies.  [IX at https://uscenterforsafesport.org/wp-content/uploads/2020/03/2020-SafeSport-Code-04.01.20.pdf] 

(2)   Also for (1)(b) child abuse above: anyone for physical or mental injury, sexual abuse / exploitation; or (2) a caregiver for negligent treatment.  [34 U.S.C. § 20341(c)(1)]

·        Participant means: for an NGB, LAO, HPMO, or USOPC: an individual who is, was at the time of offense, or seeks to be: (a) a member or license holder; (b) employee or board member; (c) within the governance or disciplinary jurisdiction [such as child or youth participants]; or (d) authorized, approved, or appointed to have regular contact with or authority over athletes (minors, i.e., children as law defines them).

·        Redundancy: The acts reportable under SafeSport rules overlap with those in the statute, which is encompassed in the term “child abuse”, but SafeSport reportability is specific to the participants (and others who aid and abet) as suspected perpetrators.

·        For (b) “child abuse”, meaning  physical, mental, or sexual abuse, or neglect, in 34 U.S.C. § 20341(c)(1), caregivers or persons responsible for the child are implicit. The definitions of these groups may depend on the state or territory where the incident occurs. See the relevant section of this Digest.

·        NOTE: Abusers who do such things but do not fall within this description may be committing a different crime and are reportable to law enforcement for that reason.

I. Criminal Disposition or Charge means (a) any past case with an outcome other than not guilty; (b) any pending charge or outstanding arrest warrant.  [IX(A) at https://uscenterforsafesport.org/wp-content/uploads/2020/03/2020-SafeSport-Code-04.01.20.pdf]

II. Child Abuse:  [34 U.S.C. § 20341; VIII(B) & IX(B) at https://uscenterforsafesport.org/wp-content/uploads/2020/03/2020-SafeSport-Code-04.01.20.pdf]

(A)     Physical Injury examples are: (a) lacerations, (b) fractured bones, (c) burns, (d) internal injuries, (e) severe bruising, or (f) serious bodily harm.  [§ 20341(c)(2)] 

(B)     Mental Injury means harm to a child's psychological or intellectual functioning.  [34 U.S.C. § 20341(c)(3)] 

(1)      Mental injury may be exhibited by: (a) severe anxiety; (b) depression; (c) withdrawal; (d) outward aggressive behavior: or (e) a combination of those.

(2)      Mental injury may be demonstrated by a change in: (a) behavior; (b) emotional response; or (c) cognition.

(C)     Sexual Abuse includes employment, use, persuasion, inducement, enticement, or coercion of a child to engage in, or assist another person to engage in, (a) sexually explicit conduct or the (b) rape, (c) molestation, (d) prostitution, or (e) other form of sexual exploitation of children, or (f) incest with children.  [34 U.S.C. § 20341(c)(4)]

(1)     EXPLICIT conduct means actual or simulated –  [34 U.S.C. § 20341(c)(5)]

(a)      Sexual intercourse, e.g., genital-genital, oral-genital, anal-genital, or oral-anal sexual contact, whether between the same or opposite sex;

                                                         (i)        Sexual contact means intentional touching, directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person;

(b)      Other: (1) bestiality; (2) masturbation; (3) lascivious exhibition of a person or animal’s genitals or pubic area; or (4) sadistic or masochistic abuse.

(2)     EXPLOITATION means child porn or prostitution.  [34 U.S.C. § 20341(c)(6)]

(3)     INCEST is cited by federal law, which does not define the kin included.  [cf. 18 U.S.C. § 3509(a)(8)]  Check the relevant state or territory section of this Digest.

III. Sexual Misconduct: (a) sexual or gender-related harassment; (b) non-consensual sexual contact, or attempt; (c) non-consensual sexual intercourse, or attempt; (d) sexual exploitation; or (e) sexually inappropriate conduct, including bullying, hazing, etc. [IX(C) at https://uscenterforsafesport.org/wp-content/uploads/2020/03/2020-SafeSport-Code-04.01.20.pdf]

(A)     Consent: the age of consent is 18, and minors are legally unable to consent, however this varies in federal law and by state. For this section policy violations will receive a close-in-age exception, if (1) the age difference is no more than three years (whether adult-minor or minor-minor) AND (2) there is no power imbalance [thus, it is treated as if both persons could consent legally].  [VIII(D)(2) at https://uscenterforsafesport.org/wp-content/uploads/2020/03/2020-SafeSport-Code-04.01.20.pdf]

IV. Emotional & Physical Misconduct: is any of the following, BUT misconduct does not include professionally accepted coaching methods, sport-accepted conduct; or what is reasonable for participation.  [IX(D) at https://uscenterforsafesport.org/wp-content/uploads/2020/03/2020-SafeSport-Code-04.01.20.pdf]

(A)     Emotional Misconduct is determined objectively, not by intent or result of harm. It includes: (1) repeated, excessive verbal assaults in a way that serves no productive training or motivational purpose; (2) repeated &/or severe physical aggression, such as throwing equipment at or around others, punching walls or other objects, etc.; (3) ignoring or isolating someone for extended times, such as routine or arbitrary exclusion from practice; (4) any behavior that federal or state law describes as emotional abuse or misconduct; or (5) stalking (at least twice, directly or not, in person or electronically) despite knowing (or should) that it would cause a reasonable person to fear for their safety or someone else’s safety, or to feel distress.

(B)     Physical Misconduct is any intentional behavior (with or without contact) that causes or risks physical harm to another. It includes: (a) punching (if not a combat sport), beating, biting, striking, strangling, slapping, hitting with objects, and encouraging or knowingly permitting an athlete to play without medical clearance after a serious injury; (b) non-contact violations such as isolation in a confined space, forcing an uncomfortable stance for no athletic purpose, withholding or advising against hydration / nutrition / medical care / sleep, providing alcohol below the legal drinking age, or providing illegal or unprescribed drugs; or (c) federal or state legal violations.

(C)     Bullying means repeated and/or severe behaviors that are (i) aggressive, (ii) directed at a minor, and (iii) intended or likely to hurt, control or diminish him/her emotionally, physically, or sexually. [But if done to an adult it is hazing and/or harassment, not bullying]. Examples include: (a) hitting, pushing, punching, beating, biting, striking, kicking, strangling, slapping, spitting at, or throwing things at another; (b) ridiculing, taunting, name-calling, intimidating, or threatening to cause harm; (c) virtual attacks such as rumors, false statements, e-communications, social media, etc. to harass, frighten, intimidate, humiliate, or isolate, and asking others to do it also; (d) picking on real or perceived gender or sexual orientation by ridiculing, taunting, or teasing about gender traits / behavior / looks; and (e) federal or state legal violations. BUT inadvertent rudeness, occasional meanness, or conflict is not necessarily bullying.

(D)     Hazing uses physical, mental, emotional, or psychological methods that may endanger, abuse, humiliate, degrade, or intimidate someone as a condition for joining or social acceptance. Whether the person consents does not matter. Examples include unproductive or unnecessary: (a) contact by tying, taping, restraining, beating, paddling, etc.; (b) non-contact forcing of consumption (alcohol, drugs, etc.), wearing inappropriate or provocative clothes, public displays (e.g., nudity), excessive training of only certain persons, sleep deprivation, schedule interruptions, withholding of water and/or food; and hygiene restrictions; (c) actual or simulated sexual conduct; and (d) federal or state legal violations. BUT inadvertent rudeness, occasional meanness, or conflict is not necessarily hazing.

(E)     Harassment is repeated and/or severe conduct that: (a) causes fear, humiliation, or annoyance; (b) offends or degrades; (c) creates a hostile environment; (d) reflects discriminatory bias in an attempt to establish interpersonal dominance, superiority or power based on age, race, ethnicity, culture, religion, national origin, or mental or physical disability; or (e) federal or state legal violations. BUT inadvertent rudeness, occasional meanness, or conflict is not necessarily harassment. Harassment is determined by the totality of circumstances, including the nature, frequency, intensity, location, context, and duration of the acts.

V. Aiding and Abetting means allowing a Center-suspended or otherwise ineligible participant to: (A) associate in any way with the organization (NGB, LAO, HPMO, or USOPC); (B) coach participants; (C) retain an ownership interest in a facility, organization, or related entities covered by SafeSport; (D) as an athlete, receive coaching-related advice or service; or (E) violate the terms of their suspension or other sanctions. Anyone acting on a participant’s behalf to violate the code is aiding and abetting.  [IX(E) at https://uscenterforsafesport.org/wp-content/uploads/2020/03/2020-SafeSport-Code-04.01.20.pdf]

VI. Misconduct Related to Reporting means (A) failing to report incidents immediately or (B) making knowingly false allegations about them.  [IX(F) at https://uscenterforsafesport.org/wp-content/uploads/2020/03/2020-SafeSport-Code-04.01.20.pdf]

VII. Misconduct Related to the Center’s Process means any of the following:  [IX(G) at https://uscenterforsafesport.org/wp-content/uploads/2020/03/2020-SafeSport-Code-04.01.20.pdf]

(A)     Abuse of Process (directly or not) by a participant or someone for them  is: (1) falsifying, distorting, or misrepresenting info, the process, or an outcome; (2) destroying or concealing info; (3) attempting to discourage the Center’s use; (4) harassing or intimidating (verbally or physically) anyone involved before, during, and/or after Center proceedings; (5) publicly disclosing a mistreated person’s identifying info; (6) failing to comply with a temporary measure or sanction; (g) distributing or publicizing investigation materials, except as law requires or the Center expressly permits; or (h) (attempting to) influence anyone to abuse the process.

(B)     Retaliation means an adverse action against anyone for making a good faith report. Retaliation includes threatening, intimidating, harassing, coercing or any other conduct that would discourage a reasonable person from using the Center for an action reasonably related to the report. Even if a report is mistaken, payback is retaliation. But reports in good faith are not retaliation.

VIII. Other Inappropriate Conduct includes any of:  [VIII(D)(2) and IX(H) at https://uscenterforsafesport.org/wp-content/uploads/2020/03/2020-SafeSport-Code-04.01.20.pdf]

(A)     Intimate Relationship by an adult participant means a (non-family) intimate or romantic relationship where a power imbalance exists. It is independent of the sport. Intimacy is assessed by totality of circumstances such as: regular interactions outside the sport (electronically or in person); emotional connectedness; gift exchanges; ongoing physical / intimate / sexual contact &/or activity; identity as a couple; sharing sensitive personal information; and/or intimate knowledge about each other’s lives.

(B)     Exposing a Minor to Sexual Content / Imagery means intentionally exposing a Minor to sexual content or sexual imagery \, including but not limited to, porn, comment(s), gestures, and/or sexual situation(s). In some cases similar behavior toward adults might qualify as sexual harassment.

(C)     Intentional Exposure of Private Areas by an adult participant means they intentionally expose their breasts, buttocks, groin, or genitals, or induce someone else to do so: (1) to an adult over whom they have a power advantage; or (2) to a minor.

(D)     Inappropriate Physical Contact by an adult participant means they have a power advantage over another participant whom they intentionally: (1) touch, slap, or otherwise contact the buttocks or genitals; (2) excessively touch or hug; or (3) kiss.

(E)     Willful Tolerance of any Prohibited Misconduct by a participant, when that person has a power advantage over the individual(s) who are subject to the misconduct.

IX. Violation of Minor Athlete Abuser Prevention Policies / Proactive Policies: Where an NGB, LAO, HPMO, and/or USOPC has such policies, violations must be reported. Illustrative rules include those for: massages and rubdowns; adults not sharing motel rooms with unrelated minors; photos; locker rooms; one-on-one meetings; and gifting.  [IX(I) at https://uscenterforsafesport.org/wp-content/uploads/2020/03/2020-SafeSport-Code-04.01.20.pdf]