The USA Swimming website today features a headline reminder to members about the new Safe Sport reporting requirements that went into effect earlier this month.
On February 14, President Donald Trump signed into law the “Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017,” which responded to the high-profile trial of former sports doctor Larry Nassar by requiring amateur sports federations to report sexual abuse allegations to law enforcement.
The new law applies not only to USA Swimming but to its adult members, who are now required to report suspected child abuse to law enforcement or to the United States Center for SafeSport within 24 hours. Failing to report the information to authorities can be punishable by criminal penalties, per the USA Swimming page.
Within USA Swimming, that group includes:
- Coaches
- Officials
- Athletes
- Meet directors
- Team chaperones
- USA Swimming Board members and national committee members
- Club owners
- Anyone with password access to USA Swimming’s SWIMS database
- USA Swimming House of Delegates members
- USA Swimming headquarters staff
- Employees of USA Swimming, Zones, LSCs and member clubs who interact with athletes as a regular part of their duties.
(That list comes from the U.S. Center for SafeSport’s official list of “covered individuals”).
The USA Swimming page also says those covered individuals must report sexual misconduct, misconduct that is “reasonably related” to underlying allegations of sexual misconduct and retaliation related to allegations of sexual misconduct.
That law went into effect on February 14, the day it was signed.
I’ve been emailing others, and thought that this list was better than the questions I asked. I’ve pasted without asking or attribution:
the USAS email tees up more questions that it answers, and I do not see that as helpful. Guidance should be concise and fully formed. Just a couple of my long list of concerns with the email & what USAS is proposing:
– The thing(s) I am to observe is nebulous. The Athlete Protection addresses some of the things I could observe, but obviously, not all.
– Who is going to provide me counsel & pay my legal fees when I am sued by the accused and the alleged victims?
– If I observe something that rises to… Read more »
How will this law be applied during international meets? Can US law punish for not reporting to another country’s authorities?
I already see a loop hole in the above group: This list fails to mention individuals who are not Employees but VOLUNTEERS at the club and LSC level; such as, team Board of Directors for non-profits and LSC Board and committee members. The key to stop the abuse is at the club level.
That’s because USA swimming has no jurisdiction over non members (i.e. volunteers). Suffice to say, most clubs that I know of have already begun implementing changes to by laws, etc to address any potential gaps in reporting abuse. On another note, many clubs have adopted a policy that any team chaperone be an adult member of USA swimming and pass the safe sport and background protocol.
The worst club in my area (non-profit) was run by a board of volunteers (parents and meet administrator). Perhaps USA Swimming should mandate that all volunteer board members at the club level and LSC level be members. These board members started the new club after the YMCA team folded due to allegations of sexual abuse. The people who reported the abuse were blackballed from the new team. This board voted on whether or not to continue cheating and if it should be the coach’s choice as to which athletes. They had certain athletes stop taking private stroke lessons from Instructor “A”, but not a 17 year old, and after the fact, it was found out that Instructor “A” was being… Read more »
I’m an official. All of my kids have been with USA swimming. My girl swam on a team with a now-banned club coach. For my , and others kids, this seems to be a good thing.
For me as official, I’m uncomfortable with my now needing to potentially retain counsel if a prosecutor alleges something like “they must have known.”
I’m wondering if I should cancel my USA swimming membership. I could time and not be at risk, but by being an official, even if I stop officiating, I’ve now taken on risk for volunteering, and being in service.
This law strikes me as being overly broad. I welcome folks thoughts that aren’t trolling.
I’d quit until I was satisfied that usa swimming would cover your legal expenses in full if such a situation arose. The problem is if you are accused of being negligent in reporting they won’t want to cover your expenses. It’s probably time to form an officials union and get some of this stuff ironed out.
Better late then never?
Irony. Defined.
I guess USA Swimming needs a law to make them do the right thing, instead of liking the other wAy
whoaaa did trump do something good?