MidAm District Implementation

2013-2014

Why SafeSport?

To prevent known offenders from joining our program and deter offenders that have not yet been caught.

To protect our participants by creating an environment that puts the potential offender at risk and deters them from becoming involved.

To protect the reputations of USA Hockey, its Affiliates and local programs as organizations that are safe from abuse.

To prevent negligence (guide our programs and volunteers about expectations from our membership) and help insulate USA Hockey, its affiliates, local programs and volunteers from liability.

Some Statistics• Before age 18, between 6% - 13% of competitive athletes experience some form of sexual abuse or

assault within their sport. That’s as many as 1 out of every 8 athletes.

• 80% of college athletes report that they’ve witnessed or experienced some form of hazing.

• The most reported form of misconduct, emotional misconduct increases as athletes move up the competitive ladder, with as many as 75% of elite athletes reporting that their coaches emotionally abused them during their athletic career.

• Children know their abusers more than 90% of the time.

• Criminal background checks and sexual offender registries only identify people who have a criminal record – a check won’t catch 90% of child abusers.

• BARRIERS TO REPORTING http://training.safesport.org/UserCourse/Launch/75

What is Safe Sport?

regulates conduct

provide mechanisms for members to report

suspected abuse, and

creates an environment that

is hostile to potential abusers.

Safe Sport Module

http://www.usahockey.com/SafeSport.aspx

Policies Prohibiting Abuse

Sexual Abuse

Physical Abuse

Emotional Abuse

Bullying, Threats,

and Harassmen

t

Hazing

Policies Reducing Risks for Potential Abuse

Managing Hockey Environments

Locker Room Policy

Electronic Communications

PolicyTravel Policy Billeting Policy

Sexual Abuse Policy

Prohibits sexual abuse of any participant

Sexual contact between children can be abusive if significant disparity in age, development, size or intellectual capacity

Neither consent of minor, mistake as to age, nor fact that contact occurred outside of hockey are defenses to a complaint

Sexual abuse may also occur between adults if nonconsensual, coerced or manipulated

May include “non-touching” offenses, such as sexual harassment, sending nude pictures, sexually explicit emails, exposing minors to pornography, etc.

Physical Abuse Policy

Prohibits physical abuse of any participant in our programs

Includes physical contact that causes or has potential to cause harm, or creates the threat of bodily harm

Includes throwing or threatening to throw objects or sports equipment

Also includes providing alcohol to a minor participant, or providing drugs to any participant

Physical abuse does not include physical contact that is reasonably designed to coach, teach, demonstrate or improve a hockey skill, including physical conditioning, team building and appropriate discipline

Emotional Abuse Policy

Involves a pattern of deliberate, non-contact behavior that has the potential to cause emotional or psychological harm to a participant

May be verbal acts, physical acts or acts that deny attention or support

Examples include a pattern of verbal abuse or physically aggressive behaviors, such as throwing equipment, water bottles, or chairs, or punching walls, windows, or other objects.

Does not include generally-accepted and age appropriate coaching methods of skill enhancement, physical conditioning, motivation, team building, appropriate discipline, or improving athletic performance.

Bullying, Threats & Harassment PolicyCoaches and other adults cannot ignore and must intervene

Bullying – Involves a pattern of physical or non-physical behaviors intended to cause, fear, humiliation or harm in an attempt to exclude, diminish or isolate another person; Includes written, verbal or Cyber-bullying

Threats – Involves any written, verbal, physical or electronically transmitted expression of intent to harm

Harassment – Involves a pattern of physical/non-physical behaviors that (1) are intended to cause fear, humiliation or annoyance, (2) offend or degrade, (3) create hostile environment, or (4) reflect discriminatory bias

Sexual Harassment- Examples include (a) comments about a participant’s sexual orientation, gender expression, disability, religion, skin color, or ethnic traits; (b) displaying offensive materials, gestures, or symbols; and (c) withholding or reducing playing time based on sexual orientation.

Hazing PolicyCoaches and other adults cannot ignore and must intervene

Includes any conduct which is intimidating, humiliating, offensive, or physically harmful

Hazing is typically an activity that serves as a condition for joining a group or being socially accepted by a group

Examples include requiring or forcing the consumption of alcohol or drugs; physical restraint; sexual simulations/acts; social actions (e.g. grossly inappropriate or provocative

clothing) or public displays (e.g. public nudity); beating, paddling, or other forms of physical assault.

“Locker Boxing” is also a form of hazing

A person’s consent to participation does not mean it is not hazing

Hazing does not include group or team activities that are meant to establish normative team behaviors, or promote team cohesion, so long as they do not have reasonable potential to

cause emotional or physical distress

Locker Room Policy Locker room supervision is one of the most critical elements to reducing risk

of abuse or misconductRequires at least one properly screened adult

At lower age groups, numerous adults may be present

Team may prohibit parents in locker room (subject to common sense)

Avoid situations where an adult is alone with minor participants

Cell phones and recording devices/cameras may not be used in the locker room

Each local program shall publish their specific locker room policy

Coach and team administrators are responsible for compliance with locker room supervision requirements

With Co-Ed teams both female and male privacy rights must be given consideration and appropriate arrangements made. It is not acceptable for persons to be observing the opposite gender while they dress

or undress

Electronic Communications Policy

Electronic communications are often used to bully, threaten or

harass other participants

Increases the possibility for

improprieties and misunderstandings and also provides

potential offenders with unsupervised and

potentially inappropriate access

to participants.

Communications involving

participants should be

appropriate, productive, and

transparent

Social media should be used for

communicating team activities,

not personal

Should be readily available to share with

the public or families of the player or coach.

If the player is under the age of 18, any email, text, social media, or

similar communication must also copy the player’s parents.

Travel PolicyMinor players are most vulnerable to

abuse or misconduct during travel

Adherence to travel policies helps reduce

opportunities for misconduct

Local travel should be the responsibility of the

parents, not team

Team should provide adequate

supervision/chaperones

Drivers should have driving records

checked

Coaches/volunteers should avoid driving

alone with an unrelated minor

Coaches should never share a hotel room with an unrelated

minor

Hotel rooms should be monitored/checked regularly by screened

adults

There should be cooperation with family regarding telephone calls,

family in same hotel, distribution of travel

itineraries, etc.

No coach or chaperone shall be under influence of

alcohol/drugs while performing

their duties

Billeting PolicyPrimarily exists

at Junior and Tier I Midget

level

All adults in billet home

must be screened

Program should have published

rules and regulations for the

billeting arrangement – agreed to by

parents, billets and player

Team as well as host family rules/curfews

shall apply

Team/Program should have a

billet coordinator

Education and Awareness Training• Awareness training available to all at no cost• Training produced by the United States Olympic Committee• A membership number is required, but those not registered with USA Hockey

may do so at no cost by registering as a manager/volunteer• SafeSport Policy requires training for those that:

Have regular, routine or frequent access to or supervision over youth participants Are responsible for enforcing child abuse and misconduct policies Are in managerial or supervisory roles Are employees or volunteers

• At least one person from each program must complete training by 11/30• Affiliate is responsible for confirming and certifying compliance• To access the training click on the link http://training.safesport.org

Train the Trainer

Policies should be disseminated from top down

Level 1

Train States

(MidAm Rep will train the 5 State reps)

Level 2

Train Organizations

(State rep will train the Organization Rep)

Level 3

Train Coaches/Managers

(Organization Rep will train Coaches/Managers)

Level 4

Train Parents

(Manager will train the parents)

Screening of Staff and Volunteers

When we allow a coach to hold a position, we are putting our stamp on them that they are OK.

• While screening only catches offenders that have a criminal record, a comprehensive screening program demonstrates the program’s priorities

• Potential offenders will look for places where they will not be caught• 42% of red flags showed criminal activity in another state

https://www.midamhockeyscreen.com/login.php• Screening is required for those that:

Have regular, routine or frequent access to or supervision over youth participants Are responsible for enforcing child abuse and misconduct policies Are in managerial or supervisory roles Are employees or volunteers

Screening Requirements• Affiliate manages the screening process within their Affiliate, and must submit

such process each year to USA Hockey• Member programs (e.g., local programs) must comply in 2013-2014• Screening must be completed prior to person serving in that role• Screens are valid for two (2) years• USA Hockey includes minimum criteria that must be searched, as well as

additional criteria that could result in ineligibility•Screening company must perform a “national” screen•Must include identity verification process• Affiliates must report any volunteers that have been denied eligibility based on

the person not consenting to be screened or failing a screen• Affiliate is responsible for confirming and certifying compliance • MIDAM already in compliance just make sure organization is in compliance

Reporting Concerns of AbuseReports to USA Hockey may be made by: (1) clicking on the “Report to USA Hockey” link on the USA Hockey SafeSport

Program webpage

(2) emailing to SafeSport@usahockey.org, or

(3) calling 800-888-4656.

Reports may also be made to Affiliate SafeSport CoordinatorElgine McArdle

2139 Market Street

Wheeling, WV 26003

(304) 232-0700 (work)

(304) 312-6076 (cell)

elgine@mcardlelawoffice.com

What should be reported?

• All cases involving suspicions or allegations of child physical or sexual abuse must be reported to the appropriate law enforcement authorities

• USA Hockey and its programs should not investigate or try to judge the credibility of an allegation of suspected child physical or sexual abuse as a condition of reporting to the authorities

Mandatory Reporters• Some people in our organizations may be mandatory reporters https://www.childwelfare.gov/systemwide/laws_policies/statutes/manda.pdf

INDIANA Professionals Required to Report Ann. Code § 31-33-5-2- any staff member of a medical or other public or private institution, school, facility, or agency.

KENTUCKY Professionals Required to Report Rev. Stat. § 620.030- Physicians, osteopathic physicians, nurses, coroners, medical examiners, residents, interns, chiropractors, dentists, optometrists, emergency medical technicians, paramedics, or health professionals

- Teachers, school personnel, or child care personnel

- Social workers or mental health professionals

- Peace officers

OHIO Professionals Required to Report Rev. Code § 2151.421

Attorneys Physicians, interns, residents, dentists, podiatrists, nurses, or other health-care professionals Licensed psychologists, school psychologists, or marriage and family therapists Speech pathologists or audiologists Coroners Administrators or employees of child daycare centers, residential camps, child day camps,

certified child care agencies, or other public or private children services agencies Teachers, school employees, or school authorities Persons engaged in social work or the practice of professional counseling Agents of county humane societies Persons, other than clerics, rendering spiritual treatment through prayer in accordance with the

tenets of a well-recognized religion Superintendents, board members, or employees of county boards of mental retardation;

investigative agents contracted with by a county board of mental retardation; employees of the Department of Mental Retardation and Developmental Disabilities; employees of a facility or home that provides respite care; employees of a home health agency; employees of an entity that provides homemaker services

Persons performing the duties of an assessor or third party employed by a public children services agency to assist in providing child or family-related services

PENNSYLVANIACons. Stat. Tit. 23, § 6311

- Persons required to report include, but are not limited to:

- Licensed physicians, osteopaths, medical examiners, coroners, funeral directors, dentists, optometrists, chiropractors, podiatrists, interns, nurses, or hospital personnel

- Christian Science practitioners or members of the clergy

- School administrators, teachers, school nurses, social services workers, daycare center workers, or any other child care or foster care workers

- Mental health professionals

- Peace officers or law enforcement officials

WEST VIRGINIA

Ann. Code § 49-6A-2- Medical, dental, or mental health professionals

- Christian Science practitioners or religious healers

- Teachers or other school personnel

- Social service, child care, or foster care workers

- Emergency medical services personnel

- Peace officer, law enforcement officials, or humane officers

- Members of the clergy

- Circuit court judges, family court judges, employees of the Division of Juvenile Services, or magistrates

- Youth camp administrators, counselors, employees, coaches, or volunteers of entities that provide organized activities for children

- Commercial film or photographic print processors

Responsible Reporting

Employees / Volunteers

All must and can report confidentially and anonymously

All subject to suspension or termination

All provided whistleblower

protection

Malicious, frivolous or

bad faith reports are grounds for disciplinary

action and/or civil or criminal

action

Responding to Reports of Abuse

SafeSport does not create a new disciplinary program or system

Follow USA Hockey Bylaw 10– Summary Suspensions– Hearings– Notifications

When in doubt about the process, ask…“In all cases, the disciplinary procedures and actions of USA

Hockey and its Affiliates and local programs shall be proportionate, reasonable and applied fairly and equally.”

Monitoring and SupervisionUSA Hock

ey

• Shall monitor Affiliate’s compliance, assist Affiliate’s with investigations and provide guidance, shall enforce policies with national level staff and volunteers, and shall maintain SafeSport Task Force

Affiliate

• Affiliate SafeSport Coordinator shall monitor compliance by local programs -- shall monitor reports, investigations and disciplinary actions within Affiliate. SafeSport Coordinator shall certify Affiliate’s compliance (to their knowledge) to USA Hockey.

Organization

• Must monitor program personnel so that they are enforcing program policies, and so that all volunteers are screened and have received proper training prior to serving

Coaches

• For his/her team, the coach is primarily responsible for monitoring so that locker room, travel, social media, electronic communications and behavioral policies are being followed -- these duties may be delegated

What Others are Saying…Handbook used in seminar at John Jay College of Criminal Justice as an example of best practices for institutions that have interaction between adults & adolescents.

From an Affiliate SafeSport Coordinator:“BTW, I am now on our 6th complaint…. One byproduct that I doubt anyone thought of is that when upset parents learn that myself and SafeSport exist, they are quite thankful that this program is there for them. There is a palpable attitude amongst our constituents that nobody really cares about their concerns and that the “good old boys” will sweep the ugliness under the rug. I make it clear that although I AM NOT their ombudsman, I am a fair and impartial investigator that will insure that the matter is fully looked into and ultimately resolved… in each case so far they have expressed gratitude that things are being handled in this fashion and are appeased to an extent (regardless of the outcome) just by virtue of the program and its inherent fairness and attention. I would argue that SafeSport will ultimately aide in recruitment and retention of families, in addition to safety improvement and liability reduction.Now having experienced the impact and importance of SafeSport from these varied perspectives, I am a true believer and staunch proponent. I dare say it far more important than anyone conceived it to be.”

Samples of Complaints

Bullying complaints… player to player… some significant, some less significant.

Hazing… locker boxing

Whistleblower concerns and allegations or threats to dissuade reporting

Cell phones/pictures taken in locker room

Emotional abuse by coaches

Non-hockey related physical abuse (arrests)

On-ice game incidents (rough play, screaming coach, etc.)

Example of Response to Significant Matter

Notice to USA Hockey of an arrest of a coach/ owner in junior program for online solicitation

Immediate discussion at Executive Committee

Immediate suspension

Discussions with police and prosecutors re extent of allegations

Contact with all players and parents

USAH team went to Massachusetts to meet with players, parents, new ownership

Assistance league with acquiring new ownership, coaches, etc. for team to continue

Casey JorgensenUSA Hockey General Counsel719-538-1143cjorgensen@usahockey.org

Joyce KulpinskiUSA Hockey SafeSport and Legal Administrator719-538-1145joycek@usahockey.org

MidAm

Elgine McArdle2139 Market Street

Wheeling, WV 26003

(304) 232-0700 (work)

(304) 312-6076 (cell)

elgine@mcardlelawoffice.com