USA Swimming has acknowledged to the Associated Press that it has a second list of people who are under suspicion for unscrupulous behaviour, having already banned 46 coaches and officials for life over a decade and more, mostly for sexual misconduct.
The revelation came in the wake of the latest board meeting of those who govern the world's No 1 swim nation. The gathering in Newark, N.J., yesterday signed off on items that will be voted on at the sport's national convention in September.
USA Swimming president Jim Wood told the AP that there is a second list of people "flagged" for alleged misconduct against swimmers but who have not faced any disciplinary action within the sport because they are not current members. That may be about to change: the board voted to take such cases before the National Board of Review. No hiding place is the aim - and further evidence that USA Swimming is taking the matter seriously and is intent on acting with rigour.
The intention is to make sure that is any non-member with a bad record were ever to apply to be a coach, chaperone or official in charge of, or destined to have contact with, athletes, their name would show up in checks regardless of their non-member status. At least one person who falls into that category is a former member coach who quit the organisation after being confronted with allegations of statutory rape, according to reports. Those reports do not make it clear whether the coach was prosecuted and convicted under the laws of the land that outstretch any measures that a sports authority may take.
Mike Saltzstein, a former vice-president at USA Swimming, a current official - and a man who found himself on the wrong side of the law himself back in the 1990s, for insider trading - said that the biggest problem with the flagged list is that no one is sure what a coach has to do to get on it. In the AP report, he cites the case of Randy Nack, a former Southern California high school coach jailed for having sex with two underage female students.
Salzstein is among a dedicated band of critics, some of whom belong to the group of those bitter about the US-led decision to kill shiny suits before the issue of sex abuse made headlines. Also in the anti-current-USA Swimming camp is Ed Vazquez, a spokesman for attorneys in several cases, who illogically (at a time when much is being done) suggests that no change will be made at USA Swimming unless the current leadership is replaced. Patent nonsense, say others, who point to what has been done (see the list at the foot of this article) and a very fine record in many other areas of policy that has kept USA Swimming on a high wave at a time of pressure on the financial front and in the race pool as ever greater numbers of nations (many with athletes coached in the US) are making serious strikes at the podium.
Wood noted that the federation is making progress with programs that will ensure a safer environment for young swimmers coming out of the national convention in Dallas. They were designed with assistance from the Child Welfare League of America and other outside experts, he said.
The new athlete protection policy prohibits coaches from giving rubdowns to swimmers and requires they have the permission of a parent or guardian before they can visit a swimmer's home. No room sharing between athletes and coaches regardless of gender (apart from parent-child relationships) and no travelling as coach and swimmer without a parent's written permission. Far more protection there than exists in most other FINA-member nations, which may yet learn lessons from those in charge of USA Swimming at a time when FINA is preparing a document for all federations of the world to show them how to govern their affairs more effectively by learning lessons from those at the helm of the sport in terms of domestic governance.
Among measures up for agreement in September at the USA convention are mandatory background checks that had applied only to coaches will extend to managers, chaperones and others. No mention yet from any camp in the US as to whether such registers and checks should be extended to athletes in these days when teams include athletes of 14 to 40-plus and coaches may be younger than some of the more experienced of competitors.
"People need to understand that our goal from the very beginning of this was to do the right thing for athletes," Wood said. "This is a major step, but it is only the first step. I think folks will looks at this and realize we did real due diligence and a lot of thought went into this."
Saltzstein complained to AP that there was no real chance to discuss the measures before they were voted on. From afar, his view and those of others seem to be getting a very broad hearing indeed and provide plenty of room for discussion. Wood noted that some of Saltzstein's recommendations were included and maintained there was no attempt to cram through a hastily considered plan.
"The board meeting has been scheduled for quite a while," Wood told AP. "A number of people who are not part of the board attended the meeting and sat in on the discussions. I'm sorry Mike feels that way."
Here's what has been taken into account so far in efforts to get it right:
List of policies and guidelines updated 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:
- 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.
- Team managers and chaperones must be members of USA Swimming and have successfully passed a USA Swimming-administered criminal background check.
- 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.
- 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.
