USA Swimming Releases Best Practice Guidelines, Awaits House of Delegates Vote For More Direct Regulations – Updated With Correction

Updated July 28 with a correction of inaccurate analysis that "Guidelines" would be voted on at the House of Delegates in September and potentially become "Policies".

COLORADO SPRINGS, Colorado, July 27. TODAY, the USA Swimming Board of Directors released information regarding its Athlete Protection Policies. In response to this year's unprecedented coverage of sexual abuse issues within the sport, USA Swimming has begun the lengthy process of getting stronger regulations and guidelines incorporated into its policy structure.

In today's vote, the Board put together a list of proposals to send to the House of Delegates during its September meeting. These proposals include:

• Approve the newly-drafted "Athlete Protection Policies" and add these policies to the USA Swimming Code of Conduct.
• Require that adults who serve a local club in roles that provide direct interaction with athletes become members of USA Swimming;
• Expand mandatory background checks to include all non-athlete members of USA Swimming;
• Require all USA Swimming member Clubs to complete a series of pre-employment screening actions prior to hiring

The Athlete Protection Policies, listed below under "Policies", will be presented to the House of Delegates for approval. Meanwhile, the "Best Practice Guidelines for Coach Behavior," listed below, will be implemented into the policy manual during its next publication on Sept. 19, 2010.

Should the policies be approved by the House of Delegates, they will become enforceable regulations. The Guidelines, however, will be unenforceable. The items, while on the surface might be helpful to become enforceable regulation, have enough potential exceptions where hard-and-fast enforcement could be unfair.

For instance, if Two-Deep Leadership was required and a swimmer was left late at the pool by a parent, a coach could be forced into a tough decision. Either endanger the child by leaving them alone so as to comply with Two-Deep Leadership if it was a requirement as opposed to a guideline, or risk breaking the rule and staying with the child until a parent showed up.

Additionally, the Board addressed the "flagged" list report stating that individuals who are no longer members, and have had a "due process hearing," will be added to its "banned for life" list. Also, the Board approved a proposal that all accusations of "sexual misconduct involving a minor" will be reported to local law enforcement when USA Swimming is made aware of such misconduct.

Complete list of policies and guidelines updated as of July 27, 1010
Policies
The following policies for Athlete Protection are mandatory for all members and are incorporated by reference into Section 304.3.4 of the USA Swimming Code of Conduct.

1. Inappropriate touching between athletes and non-athlete adult members is prohibited. This includes, but is not limited to, kissing, provocative games and athletes sitting on adults' laps.

2. No rubdowns or massage by any non-athlete adult member unless by a member who is a licensed massage therapist or other certified professional. All massage by member licensed professionals must be done in open/public locations and must never be done with only the athlete and licensed massage therapist in the room. Even if a coach is a licensed massage therapist, the coach shall not give rubdowns and/or perform massage.

3. Coaches may not invite or have an athlete to their home without the permission of the athlete(s)'s parent (or legal guardian).

4. No audio or visual recording in changing areas, restrooms or locker rooms. This includes using a cell phone camera.

5. Travel
o Regardless of gender, coaches shall not share rooms or other sleeping arrangements with athletes. An exception would be if the coach is the parent of that particular athlete.
o Team managers and chaperones must be members of USA Swimming and have successfully passed a USA Swimming-administered criminal background check.
o When only one athlete and one coach travel to a competition, the athlete shall have a parent's (or legal guardian's) written permission to travel alone with the coach.
o Clubs and LSCs shall develop their own travel policies. USA Swimming will provide a model club travel policy as an example. Club travel policies must be signed and agreed to by all athletes, parents, coaches and adults associated with the club.

Best Practice Guidelines
The following Best Practice Guidelines are strongly recommended for all USA Swimming members.

1. Parents should be encouraged to appropriately support their children's swimming experience.
2. All swimming practices should be open to observation by parents.
3. Two-deep Leadership: One coach member and at least one other adult who is not in the water should be present at all practices and other sanctioned club activities whenever at least one athlete is present. Clubs and coaches should evaluate their seasonal plans and map out how to best accomplish this strongly recommended guideline.
4. Open and Observable Environment: An open and observable environment should be maintained for all interactions between adults and athletes. Private, or one-on-one situations, should be avoided unless they are open and observable. Common sense should be used to move a meeting to an open and observable location if the meeting inadvertently begins in private.
5. During team travel, when doing room checks, attending team meetings and/or other activities, two-deep leadership and open and observable environments should be maintained.
6. Athletes should not ride in a coach's vehicle without another adult present who is the same gender as the athlete, unless prior parental permission is obtained.
7. During overnight team travel, if athletes are paired with other athletes they should be of the same gender and similar age. Chaperones and/or team managers would ideally stay in nearby rooms.
8. When only one coach and one athlete travel to a competition, while at the competition, the coach and athlete should attempt to establish a "buddy" club to associate with during the competition and when away from the venue.
9. Where a chaperone or team manager is included, the chaperone(s) or team manager(s) should be of the same gender as the athletes and written consent should be given by the athletes' parents (or legal guardian).
10. Communications between non-athlete adult members and athletes should not include any topic or language that is sexual or inappropriate in nature.
11. Non-athlete adult members should respect the privacy of athletes in situations such as changing of clothes, showering, etc. Non-athlete adult members should protect their own privacy in similar situations.
12. Relationships of a peer-to-peer nature with any athletes should be avoided. For example, coaches should avoid sharing their own personal problems with athletes.
13. Coaches and other non-athlete adult members should avoid horseplay and roughhousing with athletes.
14. When a coach touches an athlete as part of instruction, the coach should do so in direct view of others and inform the athlete of what he/she is doing prior to the initial contact. Touching athletes should be minimized outside the boundaries of what is considered normal instruction. Appropriate interaction would include high fives, fist bumps, side-to-side hugs and handshakes.
15. Coaches should not initiate contact with or accept supervisory responsibility for athletes outside club programs and activities.
16. Coaches should not engage in sexual intimacies with a former athlete for at least two years after the cessation or termination of professional services.

Because sexual intimacies with a former athlete are frequently harmful to the athlete, and because such intimacies undermine public confidence in the coaching profession and thereby deter the public's use of needed services, coaches should not engage in sexual intimacies with former athletes even after a two-year interval except in the most unusual circumstances. The coach who engages in such activity after the two years following cessation or termination of the coach-athlete relationship bears the burden of demonstrating that there has been no exploitation, in light of all relevant factors, including:

1. The amount of time that has passed since the coach-athlete relationship terminated;
2. The circumstances of termination;
3. The athlete's personal history;
4. The athlete's current mental status;
5. The likelihood of adverse impact on the athlete and others; and
6. Any statements or actions made by the coach during the course of the athlete-coach relationship suggesting or inviting the possibility of a post-termination sexual or romantic relationship with the athlete or coach.
7. Both the athlete and the coach must be 18 years of age or older.

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