Thank you for compiling and sharing this. (And for your participation here in general.)
I hope this is helpful in dispelling the idea that SafeSport is putting out lifetime bans left and right for noncriminal conduct.
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Is it possible that is the case because that is the claim SS investigated? Could he theoretically face a second lifetime ban for the criminal disposition?
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@IPEsq I just contacted a SafeSport media representative to get a definitive answer. However, in my experience, @roseymare’s statement is the most likely explanation.
IIRC Nassar was “only” convicted of sexually abusing 10 (?) girls due to a plea deal (I may be getting the number wrong - I’m much more familiar with the class action lawsuit and USAG and MSU-facilitated cover-up than the specifics of the criminal convictions). SafeSport most likely investigated a case that was not apart of that plea bargain. If this is true, then “Criminal Disposition - Involving a Minor” would technically be an inaccurate description (even though I believe that any reasonable person knows that he is guilty of MANY more crimes that he was actually convicted of).
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Sorry guys, bad example. won’t comment any further except…I am a #METOO and an abused and I had a poor choice of words relating to this sad, awful subject…again, sorry!
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[quote=“Tackpud,post:1792,top. USHJA Executive Director Kevin Price, USHJA’s General Counsel Marianne Kutner, and I had a chance to ask Mr. Henry many questions regarding the processes that The Center has adopted.
The Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act was signed into law in 2018, establishing the U.S. Center for Safe Sport. This came about after some National Governing Bodies were found to have turned a blind eye to sexual misconduct within their sports.
SafeSport is a reality for the USHJA. We are bound under the Act for two reasons: the first is because Jumpers are part of the Olympic Movement; and second, we are an Amateur sports organization that participates in interstate athletic competition and our members include adults who are in regular contact with minor athletes.
One of the greatest concerns expressed by our membership is the extent to which fair and adequate procedural safeguards are afforded in the SafeSport process. Mr. Henry said that the SafeSport code calls for “fair notice and an opportunity to be heard.” He described that process in detail and the information is also available on The Center’s website. We further questioned the extent of the procedures provided prior to issuing a Temporary Suspension and Mr. Henry described it as follows:
When a complaint is received by The Center, a Temporary Suspension can be issued after an examination of three criteria: [LIST=1]
If these three criteria are met, the Temporary Suspension is issued in the form of a notification to the respondent and their sport federation. At that time, the respondent is offered a 72-hour window to ask for a hearing.
If a hearing is requested, it is typically conducted within 24 hours. The Center contacts JAMS (formerly known as Judicial Arbitration and Mediation Services) and an independent arbitrator is assigned to the hearing. The arbitrator is not connected to The Center. The Center’s attorney presents an opening brief and the respondent, or their attorney, testifies. The arbitrator makes the decision as to whether the Temporary Suspension is upheld.
We asked Mr. Henry if The Center would consider a delay in adding a person to the list until after the hearing. His answer was that The Center, knowing that in their opinion the preponderance of the evidence supported a Temporary Suspension, would be uncomfortable having the respondent in the environment where they could potentially abuse another minor. The Center’s investigators are former FBI, Children’s Services, NCIS, and Title IX investigators, as well as judges and prosecutors. They receive additional training in sexual abuse cases.
It is our understanding that the USEF has scheduled a meeting with The Center to explore modification of the process of placing individuals on the Temporary Suspension list. On the surface, that may feel more comfortable to some, especially when the violation occurred many years in the past.
In the past 10 days, I have received several calls from people who as minors were victims of a sexual assault 20-plus years ago. To them, the assault is fresh in their mind and the trauma has had a profound effect on their life. It is possible that the person who assaulted them has become a better person and that they are no longer a threat to minors. However, if the respondent is still in a position where he or she poses a potential threat to minors, that postponement of publication to the Temporary Suspension list may have serious consequences.
It is important for all of us to strike a balance for our sport. Mr. Henry has shown me that he is willing to listen to ways in which the SafeSport code can be improved. We will meet with The Center as necessary and will press for change where change is appropriate.
As I continue to meet with The Center, I will keep you advised as to any further information or substantive changes. In the meantime, I hope that you will continue to send me feedback, concerns and questions regarding SafeSport at mbabick13@gmail.com. Please remember that reports of abuse should go either to The Center or to law enforcement.
Serving you is our top priority, which means doing what’s best for our members, supporters and our sport. Together, we can make sure that our sport is safe for all our members. Thank you for your membership. I truly appreciate it.
Sincerely,[/TD]
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[TD=“align: left”][IMG]https://ecp.yusercontent.com/mail?url=https%3A%2F%2Ffiles.constantcontact.com%2Ffe574f19001%2F910bdb25-fe36-4e2e-bfc0-c350ab72ebc1.png&t=1562176590&ymreqid=76817265-634f-fb3e-1cf0-4e206d01ea00&sig=tA4GVMZ1XTlYnnfjD8s4BQ--~C)[/TD]
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So if I read that correctly, even if USHJA separated from USEF, they would still be required to follow safesport?
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Kathy, I get that this isn’t a comfortable crowd, but we are I think a pretty fair crowd. As we all know, as my coaches told me many times, sometimes being uncomfortable is part of growing. I encourage you to engage here when you want feedback from a larger crowd with a different take. I know you’ve been involved at trying to reach out and build more participation in governance and this is one place to do it.
From your message earlier in the thread, speaking as someone who knows what it is to herd cats online, I encourage you to take these steps with your group: [LIST=1]
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Yes, all Olympic sports are required to participate in SafeSport by federal law.
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Excellent suggestions! Especially 5 and 6.
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Is her second point true though about minors and adults who compete together intrastate also are required to be SS members?
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interstate, yes, sort of.
Here’s a link for you, from an organization that sells insurance:
https://www.sadlersports.com/new-saf…organizations/
Which non-NGB sport organizations are required to comply?
Non-NGB sports organizations include those teams, leagues, camps, sports facilities, tournament hosts, churches, and schools that participate in interstate or international amateur athletic competitions, and whose membership includes any adult who is in regular contact with an amateur athlete who is a minor.
The reach of the federal act is limited to organizations that are engaged in interstate or international commerce or activities. Interstate competition refers to sports organizations that travel across state lines to compete. But even those that do not travel across state lines are indirectly impacted by the act because it sets a new standard of care that will likely apply to all organizations. Most states will also move to pass state-specific legislation that directly applies to sports organizations that do not cross state lines.
Non-NGB organizations have a bit more leeway in how they interface with SafeSport, but the training and mandatory reporting aspects apply. The polices about limiting one-on-one interactions between adults and minors still apply.
Of course the original legislation is online as well.
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I don’t think being able to earn a living is a huge limitation of SS. It’s not a sentence handed down by a judge. A conviction in court doesn’t always have life time restrictions. Jim Gorgio plead his case down in CT and only had to register as a sex offender for 10 years.
The only way to ban someone from the entire industry is for people to care more about doing business with ethical people than winning. WE as clients have the power to “ban” them. Any further ban by SS, ie you can’t have horses and teach lessons for the local circuit, would be a serious overreach IMO.
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Hunters are not in the Olympics. Ushja = hunters
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What do you think the J stands for?
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judgy :lol::lol::lol:
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:lol::lol::lol::lol:
The hunters can go make their own organization I guess, where they can drug their horses and abuse their children at will.
Sorry, all the good coaches will be coming with us moral people, to the jumper ring :lol:
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I keep saying this is the best option. And like, maybe they can have their own prison rodeo! er, hunter shows!
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Um… United States Hunter Jumper Association…
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Are some people really thinking that hunters would break off from uset & start there own association? Truly?
I just don’t understand how this could work. The majority of the trainers/barn I know have both hunters & jumpers. It just doesn’t seem like having an all hunter show would work well long term for the average barn. Most of the hunter classes at the local A shows only have 5 or less entries now.
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And… what about the equitation classes? Will they go with the hunters or jumpers? This idea just makes no sense.
My guess is that sport will now need to be classified.
Kind of puts horse activities in a bind with the existence of NCAA equestrian. IEA doesn’t seem to be involved with SS and it seems that they should be by the rules @poltroon posted.
I couldn’t find anything on the SS site in regards to non Olympic sports but it was late and I was on my phone.
