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 Hazing Bullying, Threats, and Harassment Physical Abuse Emotional Abuse Policies Reducing Risks for Potential Abuse Managing Hockey Environments Locker Room Policy Electronic Communications Policy Travel 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 Policy Coaches 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 Policy Coaches 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 misconduct Requires 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) Each local program shall publish their specific locker room policy Coach and team administrators are responsible for compliance with locker room supervision requirements Cell phones and recording devices/cameras may not be used in the locker room Avoid situations where an adult is alone with minor participants 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 Policy Minor players are most vulnerable to abuse or misconduct during travel Adherence to travel policies helps reduce opportunities for misconduct 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. Coaches should never share a hotel room with an unrelated minor Local travel should be the responsibility of the parents, not team Coaches/volunteers should avoid driving alone with an unrelated minor Team should provide adequate supervision/chaperones Drivers should have driving records checked No coach or chaperone shall be under influence of alcohol/drugs while performing their duties Billeting Policy Primarily exists at Junior and Tier I Midget level Team/Program should have a billet coordinator Team as well as host family rules/curfews shall apply 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 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 Abuse Reports 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 Coordinator Elgine 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 PENNSYLVANIA Cons. 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 Malicious, frivolous or bad faith reports are All provided grounds for whistleblower protection 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 Supervision USA Hockey Affiliate • 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 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. • 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 Organization 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 Jorgensen USA Hockey General Counsel 719-538-1143 cjorgensen@usahockey.org Joyce Kulpinski USA Hockey SafeSport and Legal Administrator 719-538-1145 joycek@usahockey.org MidAm Elgine McArdle 2139 Market Street Wheeling, WV 26003 (304) 232-0700 (work) (304) 312-6076 (cell) elgine@mcardlelawoffice.com