Child Protection and Sexual Misconduct Policy
Eastchester Blue Devils
Introduction
The Eastchester Blue Devils of Eastchester, New York, (KPC) is a Youth Organization, which takes seriously its responsibility to provide a safe environment for all staff and a safe and nurturing environment for the entire organization. The following policies reflect the commitment of EBD to provide a safe environment for all children, youth, staff and volunteers who participate in organization sponsored programs and to exercise appropriate diligence and oversight. The existence of these policies will be communicated annually to the staff and a copy will be provided to anyone who requests it.
There are many reasons to participate in youth sportsl. It encourages a healthy lifestyle, builds self-confidence, and teaches important life lessons about teamwork and discipline. Athletes in general, do better off the field. They learn goal-setting, teamwork and time management skills; they are less likely to use cigarettes, drugs and alcohol; they have higher graduation rates and are more likely to attend college. Unfortunately, youth sports can also be a high-risk environment for misconduct, including child physical and sexual abuse. Misconduct may damage an athlete’s psychological well-being. Athletes who have been mistreated experience social embarrassment, emotional turmoil, psychological scars, loss of self-esteem and negative impacts on family, friends and the sport. Misconduct often hurts an athlete’s competitive performance and may cause him or her to stop participating in sports entirely.
Overview
In the event that any EBD Staff, athletes, or participants observes inappropriate behaviors, suspected physical or sexual abuse, or misconduct, it is the personal responsibility of the individual to immediately report his or her observations to a Coach or a EBD Board Member
Do not attempt to evaluate the credibility or validity of child physical or sexual abuse allegations as a condition for reporting to appropriate law enforcement authorities. Instead, immediately report suspicions or allegations of child physical or sexual abuse.
EBD recognizes that the process for training and motivating athletes will vary with each coach and athlete, but it is nevertheless important for everyone involved in sport to support the use of motivational and training methods that avoid misconduct.
EBD Staff, athletes and participants shall refrain from all forms of misconduct, which include:
1) Sexual misconduct, including child sexual abuse
2) Physical misconduct
3) Emotional misconduct
I.) Sexual Misconduct
Sexual misconduct is defined as:
Any touching or non-touching sexual interaction that is (a) nonconsensual or forced, (b) coerced or manipulated, or (c) perpetrated in an aggressive, harassing, exploitative or threatening manner;
Any sexual interaction between an athlete and an individual with evaluative, direct or indirect authority. Such relationships involve an imbalance of power and are likely to impair judgment or be exploitative;
Any act or conduct described as sexual abuse or misconduct under federal or state law (e.g. sexual abuse, sexual exploitation, rape).
Note: An imbalance of power is always assumed between a coach and an athlete or a staff member
and their supervisor.
Types of sexual misconduct include:
sexual assault,
sexual harassment,
sexual abuse, or
any other sexual intimacies that exploit an athlete. Minors cannot consent to sexual activity with an adult and all sexual interaction between an adult and a minor is strictly prohibited.
Examples of sexual misconduct prohibited under this Policy include, without limitation:
Touching offenses behaviors that include:
fondling an athlete’s breasts or buttocks
exchange of reward in sport (e.g., team placement, scores, feedback) for sexual favors
genital contact
sexual relations or intimacies between persons in a position of trust, authority and/or evaluative and supervisory control over athletes or other sport participants.
Non-touching offenses behaviors that include:
a coach discussing his or her sex life with an athlete
a coach asking an athlete about his or her sex life
coach requesting or sending a nude or partial-dress photo to athlete
exposing athletes to pornographic material
sending athletes sexually explicit or suggestive electronic or written messages or photos (e.g.“sexting”)
deliberately exposing an athlete to sexual acts
deliberately exposing an athlete to nudity (except in situations where locker rooms and changing areas are shared)
sexual harassment; specifically, the sexual solicitation, physical advances, or verbal or
Nonverbal conduct that is sexual in nature, and is:
unwelcome, offensive or creates a hostile environment, and the offending individual knows or is told this or
sufficiently severe or intense to be harassing to a reasonable person in the context.
Comments: Authority and Trust. Once the unique coach-athlete relationship is established, the authority and trust on the part of the coach over the athlete shall be assumed, regardless of age. Accordingly, sexual interaction or intimacies between a coach and an athlete or other participant are prohibited, regardless of age, both during coaching and during that period following coaching if an imbalance in power could jeopardize effective decision-making.
This section does not apply to a pre-existing relationship between two spouses or domestic partners.
Child Sexual Abuse
Child sexual abuse is defined as:
Any sexual activity with a child where consent is not or cannot legally be given. This includes sexual contact with a child that is accomplished by deception, manipulation, force or threat of force, regardless of the age of the participants, and all sexual interactions between an adult and a child, regardless of whether there is deception or the child understands the sexual nature of the activity.
Note concerning peer-to-peer child sexual abuse: Sexual contact between minors also can be abusive. Whether or not a sexual interaction between children constitutes child sexual abuse turns on the existence of an aggressor, the age difference between the children, and/or whether there is an imbalance of power and/or intellectual capabilities.
Any act or conduct described as child sexual abuse under federal or state law.
Sexually abusive acts may include sexual penetration, sexual touching or non-contact sexual acts such as verbala cts, sexually suggestive electronic or written communications, exposure or voyeurism.
II.) Physical Misconduct
Physical misconduct is defined as:
Conduct that results in, or reasonably threatens to result in, physical harm to an individual; or
Any act or conduct described as physical abuse or misconduct under federal or state law (e.g. child abuse, child neglect, assault).
Exceptions: Physical misconduct does not include professionally-accepted coaching methods of skill enhancement, physical conditioning, team building, appropriate discipline or improving athlete performance. For example, hitting, punching, and kicking are well-regulated forms of contact in combat sports, but have no place in swimming.
Examples of physical misconduct prohibited by this Policy include, without limitation:
Contact offenses behaviors that include:
punching, beating, biting, striking, choking or slapping an athlete;
intentionally hitting an athlete with objects or sporting equipment;
providing alcohol to an athlete under the legal drinking age (under U.S. law);
providing illegal drugs or non-prescribed medications to any athlete;
encouraging or permitting an athlete to return to play pre-maturely following a serious injury (e.g., a concussion) and without the clearance of a medical professional; and
prescribing dieting or other weight-control methods (e.g., weigh-ins, caliper tests) without regard for the nutritional well-being and health of athlete.
Non-contact offenses behaviors that include:
isolating an athlete in a confined space (e.g., locking an athlete in a small space);
forcing an athlete to assume a painful stance or position for no athletic purpose (e.g. requiring an athlete to kneel on a harmful surface); and
withholding, recommending against or denying adequate hydration, nutrition, medical attention or sleep.
Note: Bullying, harassment and hazing, defined below, often involve some form of physical misconduct.
III.) Emotional Misconduct
Emotional misconduct is defined as:
A pattern of deliberate, non-contact behavior that has the potential to cause emotional or psychological harm to an athlete. Non-contact behaviors include verbal acts, physical acts, and acts that deny attention or support.
Any act or conduct described as emotional abuse or misconduct under federal or state law (e.g. child abuse, child neglect).
Exception: Emotional misconduct does not include professionally-accepted coaching methods of skill enhancement, physical conditioning, team building, discipline or improving athletic performance.
Examples of emotional misconduct prohibited by this Policy include, without limitation:
Verbal Acts. A pattern of verbal behaviors that (a) attack an athlete personally (e.g., calling them worthless, fat or disgusting) or (b) repeatedly and excessively yelling at a particular participant or participants in a manner that serves no productive training or motivational purpose.
Physical Acts. A pattern of physically aggressive behaviors, such as (a) throwing sport equipment, water bottles or chairs at, or in the presence of, participants; or (b) punching walls, windows or other objects.
Acts that Deny Attention and Support. A pattern of (a) ignoring an athlete for extended periods of time or (b) routinely or arbitrarily excluding participants from practice.
Note: Bullying, harassment, and hazing (defined below) often involve some form of emotional misconduct.
Bullying
Bullying is defined as:
An intentional, persistent and repeated pattern of committing or willfully tolerating physical and non- physical behaviors that are intended, or have the reasonable potential, to cause fear, humiliation or physical harm in an attempt to socially exclude, diminish or isolate the targeted athlete(s), as a condition of membership.
Any act or conduct described as bullying under federal or state law
Exceptions: Bullying does not include group or team behaviors that (a) are meant to establish normative team behaviors, or (b) promote team cohesion. For example, bullying does not include verbal admonitions to encourage team members to train harder and to push through a difficult training regimen.
Examples of bullying prohibited by this Policy include, without limitation:
Physical behaviors. Behaviors that include (a) hitting, pushing, punching, beating, biting, striking, kicking, choking, or slapping an athlete; (b) throwing at, or hitting an athlete with, objects such as sporting equipment.
Verbal and emotional behaviors. Behaviors that include (a) excessive teasing, ridiculing, or intimidating; (b) spreading rumors or making false statements; or (c) using electronic communications, social media, or other technology to harass, frighten, intimidate or humiliate (“cyber bulling”).
Harassment
Harassment is defined as:
A repeated pattern of physical and/or non-physical behaviors that
are intended to cause fear, humiliation or annoyance,
offend or degrade,
create a hostile environment or
reflect discriminatory bias in an attempt to establish dominance, superiority or power over an individual athlete or group based on gender, race, ethnicity, culture, religion, sexual orientation, gender expression or mental or physical disability; or
Any act or conduct described as harassment under federal or state law
Examples of harassment prohibited by this Policy include, without limitation:
Physical offenses. Behaviors that include (a) hitting, pushing, punching, beating, biting, striking, kicking, choking or slapping an athlete or participant; (b) throwing at or hitting an athlete with objects including sporting equipment.
Non-physical offenses. Behaviors that include (a) making negative or disparaging comments about an athlete’s sexual orientation, gender expression, disability, religion, skin color, or ethnic traits; (b) displaying offensive materials, gestures, or symbols; (c) withholding or reducing playing time to an athlete based on his or her sexual orientation.
Hazing
Hazing is defined as:
Coercing, requiring, forcing or willfully tolerating any humiliating, unwelcome or dangerous activity that serves as a condition for (a) joining a group or (b) being socially accepted by a group’s members; or
Any act or conduct described as hazing under federal or state law
Exception: Hazing does not include group or team activities that (a) are meant to establish normative team behaviors or (b) promote team cohesion.
Examples of hazing prohibited by this Policy include, without limitation:
Requiring or forcing the consumption of alcohol or illegal drugs
tying, taping or otherwise physically restraining an athlete
sexual simulations or sexual acts of any nature
sleep deprivation, otherwise unnecessary schedule disruption or the withholding of water and/or food.
social actions (e.g. grossly inappropriate or provocative clothing) or public displays (e.g. public nudity) that are illegal or meant to draw ridicule
beating, paddling or other forms of physical assault
excessive training requirements focused on individuals on a team
Comment: Activities that fit the definition of hazing are considered to be hazing regardless of an athlete’s willingness to cooperate or participate.
Willfully Tolerating Misconduct
Willfully tolerating misconduct is defined as:
EBD Staff knowing of misconduct, but taking no action to intervene on behalf of the athlete(s),
participant(s), or EBD Staff subjected to the misconduct.
IV.) Supervision of Athletes and Participants
One-On-One Interactions
Appropriate One-On-One Interactions
Individual Meetings
An individual meeting may be necessary to address an athlete’s concerns, training program, or
competition schedule. Under these circumstances EBD Staff are to observe the following guidelines:
Any individual meeting should occur when others are present and where interactions can be easily observed
Where possible, an individual meeting should take place in a publicly visible and open area
If an individual meeting is to take place in an office, the door should remain unlocked and open
If a closed-door meeting is necessary, EBD Staff must inform another EBD staff member and ensure the door remains unlocked
Individual Training Sessions
An individual training session(s) with an athlete or participant may also be desired or necessary. Under
these circumstances, EBD encourages parents or guardians of a minor athlete to attend the training session.
Prohibited One-On-One Interactions
Except as set forth above, minor athletes and participants will not be left unattended or unsupervised during EBD activities and EBD Staff are prohibited from being alone with an individual athlete or participant in any room or building.
Physical Contact with Athletes
Appropriate physical contact between athletes and EBD Staff, particularly coaches, is a productive
and inevitable. Athletes are more likely to acquire advanced physical skills through appropriate physical contact. However, guidelines for appropriate physical contact reduce the potential for misconduct.
EBD adheres to the following principles and guidelines in regards to physical contact with athletes:
Common Criteria for Appropriate Physical Contact
Physical contact with athletes for safety, consolation and celebration – has multiple criteria in common which make them both safe and appropriate. These include:
the physical contact takes place in public
there is no potential for, or actual, physical or sexual intimacies during the physical contact; and
the physical contact is for the benefit of the athlete, not to meet an emotional or other need of an adult.
Prohibited Physical Contact
Prohibited forms of physical contact, which shall be reported immediately under the EBD Reporting Policy include, without limitation:
asking or having an athlete sit in the lap of any USAFB Staff
lingering or repeated embraces of athletes that go beyond the criteria set forth above for acceptable physical contact
slapping, hitting, punching, kicking or any other physical contact meant to discipline, punish or achieve compliance from an athlete
“cuddling” or maintaining prolonged physical contact during any aspect of training, travel or overnight stay
playful, yet inappropriate contact that is not a part of regular training, (e.g., tickling or “horseplay”
wrestling)
continued physical contact that makes an athlete obviously uncomfortable, whether expressed or not
any contact that is contrary to a previously expressed personal desire for decreased or no physical contact, where such decreased contact is feasible in a competitive training environment.
V.) Electronic Communications and Social Media Policy
As part of EBD’s emphasis on athlete safety, all electronic communications between EBD Staff and athletes must be professional in nature and for the purpose of communicating information about football activities.
As with any communication, the content of any electronic communication should be readily available to share with an athlete’s family. At the request of a parent or guardian, any email, electronic text, social media or similar communication will copy or include the athlete’s parents or guardians.
Facebook, Twitter, Blogs and Similar Sites
EBD Staff may not have current EBD athletes join a personal social media page. It is encouraged that all communications and staff create an app such as Teamsnap. This account will be subject to inspections by EBD and must be used for any communication with current EBD athletes or their parents.
Email, Texts, Instant Messaging, and Similar Electronic Communications
Athletes and EBD Staff may use social media posts, messages, email and texts to communicate. All content between EBD Staff and athletes must be professional in nature and for the purpose of communicating information about EBD activities.
Electronic Imagery
From time to time, digital photos, videos of practice or competition, and other publicly obtainable images of athletes – individually or in groups – may be taken. These photos and/or videos may be submitted to local, state or national publications, used in marketing or promotional videos, posted on Eastchesterbluedevils.com or EBD - associated websites or social media, or offered to families seasonally in an electronic form. It is the default policy of EBDl to allow the capture of such imagery as long as the athlete or athletes are in public view and such imagery is both appropriate and in the best interest of the athlete.
Request to Discontinue All Electronic Communications or Imagery
The parents or guardians of a minor athlete may request in writing that their child or ward not be contacted by any form of electronic communication by USAFB Staff and/or not appear in any imagery captured and used by USA Football.
Misconduct
Social media and electronic communications can also be used to commit misconduct (e.g., emotional, sexual, bullying, harassment, and hazing). Such communications by coaches, staff, volunteers, administrators, officials, parents or athletes will not be tolerated and are considered violations of this Policy.
Violations
Violations of EBD’s Electronic Communications and Social Media Policy should be reported to your immediate supervisor or a EBD Board Member for evaluation. Complaints and allegations will be addressed under EBD’s Disciplinary Rules and Procedure.
VI.) Locker Rooms and Changing Areas
EBD is concerned with:
locker room activities between minors
locker room activities between minors and adults
adults being alone with individual minors in locker rooms and changing areas
non- official or non-related adults having unsupervised access to minor participants, and
inappropriate behavior among adults in locker rooms.
Monitoring
EBD has limited use of locker rooms and changing areas (e.g., immediately before and following practices and competitions). This allows for direct and regular monitoring of locker room areas. While constant monitoring inside of locker rooms and changing areas might be the most effective way to prevent problems, we understand this would likely make athletes uncomfortable and may even place our staff at risk for unwarranted suspicion.
Coaches and staff make every effort to recognize when an athlete goes to the locker room or changing area during practice and competition and, if they do not return in a timely fashion, we will check on the athlete’s whereabouts.
We discourage parents from entering locker rooms and changing areas unless it is truly necessary. In those instances, it is only a same-sex parent. If this is necessary, parents should let EBD Staff know about this in advance. If an athlete needs assistance with his or her uniform or gear (for example, a child under the age of eight), or an athlete’s disability warrants assistance, then we ask that parents let the coach or a EBD Staff know beforehand that he or she will be helping the athlete.
Use of Cell Phones and Other Mobile Recording Devices
Cell phones and other mobile devices with recording capabilities, including voice recording, still cameras and video cameras, increase the risk for different forms of misconduct in locker rooms and changing areas. As a result, THERE IS TO BE NO USE OF A DEVICE’S RECORDING CAPABILITIES IN THE LOCKER ROOMS OR CHANGING AREAS.
Violations of this policy will be addressed under USA Football’s Disciplinary Rules and Procedures and may result in the sanctions as set forth therein, including temporary suspension from competition.
VII.) Transportation of Athletes
In an effort to minimize one-on-one interactions, EBD Staff Members, who are not also acting as a parent, should not drive alone with an unrelated athlete and should only drive with at least two other athletes or another adult at all times, unless otherwise agreed to in writing by the athlete’s parent or guardian in advance of travel. In any case where EBD Staff is involved in the athlete’s local travel, a parental release is required in advance. Efforts must be made to ensure that EBD Staff are not alone with an athlete or participant (e.g., picking the athletes up in groups).
EBD Staff who are also an athlete’s guardian may provide shared transportation for any athlete(s). We encourage guardians to pick up their athlete first and drop off their athlete last in any shared or carpool travel arrangement. We also recommend completing a shared travel declaration form signed by the parents/guardians of any minor athlete who is being transported as part of such a carpool arrangement.
Violations of this Policy shall be reported pursuant to the Reporting Policy and will be addressed under the Disciplinary Rules and Procedure.
Reporting
Although this Policy is designed to reduce child sexual abuse and other misconduct, it can still occur. EBD Staff and participants of EBD shall follow the reporting procedures set forth in the Reporting Policy.
EBD Staff must report:
misconduct as defined in this Policy, and
suspicions or allegations of child physical or sexual abuse.
EBD does not investigate suspicions or allegations of child physical or sexual abuse, or attempt to evaluate the credibility or validity of such allegations, as a condition of reporting suspicions or allegations to the appropriate law enforcement authorities.
Reporting Child Physical or Sexual Abuse
Child Physical or Sexual Abuse
EBD Staff are required to report suspicions or allegations of child sexual abuse by a colleague or co-worker, to:
their immediate supervisor (Head Coach, Athletic Director)
An EBD Board Member
where applicable, appropriate law enforcement authorities.
Grooming
Because sexual abusers “groom” children for abuse – the process used by offenders to select a child, to win the child’s trust (and the trust of the child’s parent or guardian), to manipulate the child into sexual activity and to keep the child from disclosing abuse – it is possible that EBD Staff may witness behavior intended to groom a child for sexual abuse. All questions or concerns related to inappropriate, suspicious or suspected grooming behavior should be directed to an immediate supervisor or a EBD Board Member.
Peer-to-Peer Sexual Abuse
Approximately one-third of all child sexual abuse occurs at the hands of other children and the obligation to report extends to peer-to-peer child sexual abuse. Whether or not a sexual interaction between children constitutes child sexual abuse turns on the existence of an aggressor, the age difference between the children, and/or whether there is an imbalance of power or intellectual capabilities. If you have any concerns that an interaction between children may constitute sexual abuse, report it to the appropriate law enforcement authorities and your immediate supervisor, or a EBD Board Member immediately.
How to Report
EBD will take a report in the way that is most comfortable for the person initiating a report including an anonymous, in-person, verbal or written report. Regardless of how you choose to report, it is helpful to EBD for individuals to provide, at a minimum:
the name of the complainant(s)
the type of misconduct alleged
the name(s) of the individual(s) alleged to have committed the misconduct.
Confidentiality, Anonymous Reporting and Bad Faith Allegations
Confidentiality
To the extent permitted by law, and as appropriate, EBD will keep confidential the complainant’s name on request, not make public the names of potential victims, the accused perpetrator or the people who made a report of child physical and sexual abuse to the authorities.
Anonymous Reporting
EBD recognizes it can be difficult for an athlete, teammate, friend or family member to report an allegation of misconduct and strives to remove as many barriers to reporting as possible. Anonymous reports may be made without the formality of completing an Incident Report Form:
by completing the Reporting Form without including their name; or
by otherwise anonymously expressing concerns to EBD Staff.
However, anonymous reporting may make it difficult for EBD to investigate or properly address allegations. All suspicions of child physical or sexual abuse will be reported to the appropriate law enforcement authorities.
“Whistleblower” Protection
Regardless of outcome, EBD will support the complainant(s) and his or her right to express concerns in good faith. EBD will not encourage, allow or tolerate attempts from any individual to retaliate, punish, or in any way harm any individual(s) who report a concern in good faith nor will EBD tolerate a failure by EBD Staff to report violations of this subsection. Such actions against a complainant will be considered a violation of this Policy and grounds for disciplinary action.
Bad-Faith Allegations
A report of abuse, misconduct or policy violations that is malicious, frivolous or made in bad faith is prohibited. Such reports will be considered a violation of this Policy and grounds for disciplinary action. Depending on the nature of the allegation, a person making a malicious, frivolous or bad-faith report may also be subject to civil or criminal proceedings.
Handling Reports
Suspicions or Allegations of Child Physical or Sexual Abuse
Reporting to Law Enforcement and/or Child Protective Services
An independent investigation can harm youth and/or interfere with the legal investigative process. EBD and EBD Staff do not attempt to evaluate the credibility or validity of child physical or sexual abuse as a condition of reporting to appropriate law enforcement authorities. As necessary, however, EBD may ask a few clarifying questions of the minor or person making the report to adequately report the suspicion or allegation to law enforcement authorities.
For mandatory reporting laws, visit www.childwelfare.gov.
Immediate Suspension or Termination
When an allegation of child physical or sexual abuse is made against EBD Staff, EBD may immediately remove that individual from contact with any children until the allegation has been investigated by an official agency. As necessary, EBD may suspend or change the assignment of any individual.
EBD Staff’s failure to report suspicions or allegations of child physical or sexual abuse to a supervisor or aN EBD Board Member is a violation of this Policy and is grounds for termination of the failing individual.
Misconduct and Policy Violations
EBD investigates and addresses internally alleged policy violations and misconduct – bullying, harassment, hazing, emotional, physical and sexual – that are not reportable under relevant state or federal law. EBD Staff must report policy violations and misconduct to an immediate supervisor or EBD Board Member.
EBD may also investigate allegations of child physical or sexual abuse that are reportable, if such investigation does not interfere with any ongoing criminal investigation or prosecution for abuse. Such allegations may include:
Emotional abuse;
Abuse reported outside the relevant statutes of limitation; or
Allegations of abuse that were reported to authorities, but: (a) legal authorities did not press criminal charges; (b) criminal charges were filed, but not pursued to trial; or (c) the alleged offender was acquitted at trial.
Notification
Following EBD’s notice of a credible allegation against EBD Staff that results in the removal of an individual, EBD may consider the circumstances in which it will notify other parents of athletes with whom the accused individual may have had contact. In EBD’s discretion, as appropriate, and after consultation with legal counsel, EBD may notify other EBD Staff, parents, and/or athletes of any allegation of child physical or sexual abuse or other criminal behavior that:
law enforcement authorities are actively investigating; OR
That EBD is investigating internally. Advising others of an allegation may lead to additional reports of child physical or sexual abuse and other misconduct.
Disciplinary Rules and Procedures
While EBD endeavors to provide support and guidance to participants on a day-to-day basis, it is also important for EBD to have a formal procedure for disciplinary action to address alleged violations of its policies and other inappropriate behaviors. This Policy is used to address the following allegations against EBD Staff, athletes, and/or other participants:
Disciplinary Action
Sanctions for violations of this Policy will be proportionate and reasonable under the circumstances. In addition to day-to-day guidance, EBD may take the following disciplinary actions, without limitation:
Inform the individual’s supervisor or in the case of a minor, the minor’s parent or guardian
Provide the individual with guidance, redirection and instruction
Temporary suspension from competition
File a formal incident report
Issue a verbal warning
Issue a written and/or final written warning
Implement a limited access agreement (e.g., limiting an individual’s access to field or to youth)
Provide informed supervision, where at least one staff member is informed of the allegation and is instructed to supervised vigilantly the accused individual in his or her interactions with the program and/or organization
Engage in restorative practices (i.e., creation of a respectful and safe dialogue when a misunderstanding or harm has occurred)
Suspend or terminate