PEAK Rowing

SafeSport Policy

 
Introduction

Rowing is a life-long activity, where our athletes engage to have fun and spend time with friends. Rowing also encourages a healthy lifestyle and builds self-confidence. Youth athletes learn goal setting, teamwork, and time management skills.

Unfortunately, as in any group setting, rowing can also create an at-risk environment for misconduct, including physical and sexual abuse.

PEAK Rowing (PEAK) is committed to creating a safe and positive environment for the physical, emotional, and social development of all athletes and to ensuring it promotes an environment free of misconduct. PEAK has a zero-tolerance policy for all sexual misconduct and other abusive behaviors. PEAK, in accordance with USRowing, has put in place rules, training and reporting procedures to ensure compliance.

PEAK Rowing publishes this policy as a resource to guide the development, implementation, and internal review of effective misconduct prevention strategies for rowing activities at PEAK.

Section 1: Training and Education

Our policies and procedures require staff members and volunteers to report abuse, misconduct and violations of its SafeSport Policy. Staff members and volunteers should have a basic understanding of sexual abusers, as well as “grooming,” the most common strategy offenders use to seduce their victims. Using a combination of attention, affection and gifts, offenders select a child, win the child’s trust (and the trust of the child’s parent or guardian), manipulate the child into sexual activity, and keep the child from disclosing abuse.

Staff members, club members and volunteers who might work alone with youth athletes will complete an awareness training concerning misconduct in sport before performing services for PEAK Rowing.

 Misconduct in sport includes:

  • Bullying

  • Harassment

  • Hazing

  • Emotional misconduct

  • Physical misconduct, and

  • Sexual misconduct, including child sexual abuse

Staff members and volunteers who work with youth athletes must successfully complete the training and the quiz after the test. USRowing has partnered with the USOC to provide the training free of charge through http://safesport.org .

Those staff members and volunteers who are required to take awareness training will take the athlete awareness training every two (2) years.

Section 2: Screening Staff Members and Volunteers

Staff members and contractors who will work with athletes and volunteers who might work alone with athletes must consent to, and pass, a screening process before performing services for PEAK Rowing.

Elements of our screening process include, as applicable, interview, reference check and criminal background check. The appropriate staff will interview applicants whose experience and credentials are considered a fit for available positions. References will be contacted and asked specific questions regarding applicant’s professional experiences, demeanor, and appropriateness for involvement with minor athletes and participants.

CRIMINAL BACKGROUND CHECKS will be done in conjunction with the schools whose students participate in PEAK Rowing.

When required, the criminal background check will be done before services are provided to PEAK Rowing.

Process

The Criminal Background Check Consent and Waiver Release form must be submitted, and the applicant cleared by the third-party provider before he or she may perform services for PEAK. Upon expressing an interest in applying, the applicant’s name will be provided to the third-party provider. PEAK will request that its vendor will provide the applicant with the Criminal Background Check Consent and Waiver Release form and perform the criminal background check.

Information revealed by the criminal background check may disqualify an applicant from serving as a staff member, contractor, or volunteer. Each applicant has the duty to disclose his or her criminal history. Failing to disclose or intentionally misrepresenting an arrest plea or conviction history in an application is grounds for employment, volunteer and/or membership revocation or restriction, regardless of when the offense is discovered.

Any applicant who has been banned by another sport organization, as temporarily or permanently ineligible, must self-disclose this information. A failure to disclose is a basis for disqualification for potential applicants.

Notice of findings will be provided to the designated staff contact at PEAK who administers applications.

Frequency of Criminal Background Checks

Criminal background checks will be refreshed every three years, or as otherwise required by law, for staff members and/or volunteers who are 18 years of age or older and perform services for PEAK.

Records

Records will be secured by PEAK.

Section 3: Athlete Protection Policy

In the event that any staff member or volunteer observes inappropriate behaviors (i.e., policy violations), suspected physical or sexual abuse, or misconduct, it is the personal responsibility of each staff member and volunteer to immediately report their observations to an immediate supervisor, a PEAK Board member or the Executive Director. PEAK is committed to creating a safe and positive environment for athlete’s physical, emotional, and social development and to ensuring that it promotes an environment free of misconduct.

PEAK 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.

This policy applies to staff members and volunteers, club athletes and any participants. Staff members, volunteers, athletes, and participants shall refrain from all forms of misconduct including peer-to-peer interactions which include:

  • Bullying

  • Harassment

  • Hazing

  • Emotional misconduct

  • Physical misconduct, and

  • Sexual misconduct, including child sexual abuse

Examples of misconduct include, but are not limited to:

  • behaviors that include teasing, ridiculing, spreading rumors, using social media or other technology to harass, frighten or intimidate

  • anything intended to cause fear, humiliation, or annoyance, create a hostile environment, or establish dominance or superiority over an athlete or group

  • coercing, requiring or willfully tolerating any humiliating, unwelcome or dangerous activity that serves as a condition for joining the group or being accepted by the group’s members.

  • “grooming”-the most common strategy offenders use to seduce their victims using a combination of attention, affection, and gifts

  • a pattern of verbal behaviors that attack an athlete personally

  • repeatedly and excessively yelling at participants that serves no productive training or motivational purpose

  • throwing sports equipment, water bottles or chairs

  • punching walls, windows, or other objects

  • a pattern of ignoring an athlete for extended periods of time

  • conduct that results in or threatens physical harm to an athlete

  • any act or conduct described as child sexual abuse or bullying under federal or state law

It is a violation of this Athlete Protection Policy if a staff member or volunteer knows of misconduct but takes no action to intervene on behalf of the athlete, participant, staff member or volunteer.

Although these policies are designed to reduce child sexual abuse and other misconduct, it can still occur. Staff members, contractors, volunteers, and participants at PEAK shall follow the reporting procedures set forth in PEAK’s Reporting Policy.

Section 4: Response to Abuse, Misconduct & Policy Violations

Reporting Policy

Every PEAK staff member and volunteer must report violations of the Anti-Harassment and Misconduct Policies, misconduct as defined in PEAK’s Athlete Protection Policy, and any suspicions or allegations of child physical or sexual abuse.

As a matter of policy, PEAK 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 for reporting to the appropriate law enforcement authorities.

Staff members and volunteers at PEAK are required to report suspicions or allegations of abuse by a colleague or co-worker.

If they receive an allegation or observe misconduct or other inappropriate behavior that is not reportable to the appropriate law enforcement authorities, it is the responsibility of each staff member or volunteer to report their observations to their immediate supervisor or an PEAK Board member.

PEAK also encourages member parents, athletes, and other sport participants to communicate violations of PEAK’s Anti-Harassment and Misconduct Policies and/or allegations and suspicions of child physical and sexual abuse to a PEAK Board member or the Executive Director. When applicable, parents may also report to the appropriate law enforcement authorities.

Reporting Procedure

Staff members and volunteers may report to any supervisor or PEAK administrator with whom they are comfortable sharing their concerns. This would include any PEAK Board member and/or the PEAK Executive Director.

PEAK 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 PEAK for individuals to provide, at a minimum, 1) name of the complainant, 2) type of misconduct alleged and 3) name of the individual alleged to have committed the misconduct.

It is the policy of PEAK that information reported will be kept confidential to the extent allowable by law.

Individuals reporting misconduct may complete an Incident Report Form. PEAK will withhold the complainant’s name on request, to the extent permitted by law.

Disciplinary Rules and Procedures

While PEAK endeavors to provide support and guidance to participants on a day-to- day basis, it is also important for PEAK to have a formal procedure for disciplinary action to address alleged violations of its policies and other inappropriate behaviors, which is consistent with PEAK’s Bylaws.

PEAK recognizes that there are varying levels of misconduct. For example, physical and sexual misconduct are serious violations that may result in immediate dismissal. In contrast, a youth participant who tells a single sexually risqué joke constitutes less serious misconduct and depending on the circumstances, might be dealt with more appropriately through dialogue and a verbal warning. In all cases, PEAK’s disciplinary procedures and actions will be proportionate, reasonable, and applied fairly and equally.

On receipt of an allegation, PEAK will determine, in its discretion, the appropriate steps to address the conduct based on several factors, including 1) the age of the complainant or victim, 2) the age of the accused and 3) the nature, scope and extent of the allegations. PEAK’s disciplinary response will depend on the nature and seriousness of the incident. On receipt of a credible and specific allegation of child abuse or other serious misconduct, the club may immediately suspend or terminate the accused individual to ensure participant safety.

Regardless of outcome, PEAK will support the complainant and his or her right to express concerns in good faith. PEAK will not encourage or tolerate attempts to retaliate, punish or in any way harm any individual who reports a concern in good faith. Such actions will be grounds for disciplinary action. Any individual who alleges misconduct under the Anti-Harassment and Misconduct Policies that, upon review, is determined to be malicious, frivolous or made in bad faith will be a violation of our Anti-Harassment and Misconduct Policies and may also be subject to criminal or civil proceedings.

Investigation

As appropriate, and at its discretion, PEAK may institute a formal investigation and hearing procedure to address serious allegations of misconduct (e.g., physical and sexual misconduct). However, PEAK anticipates that an investigation and hearing will be undertaken to address only the most serious allegations and patterns of behavior that warrant significant sanctions. Accordingly, PEAK anticipates that this disciplinary procedure will be used rarely. A Grievance Panel will be assembled at the discretion of the Board of PEAK.

If an investigation is conducted the complainant, victim and accused shall have the right to: 1) receive written notice of the report or complaint, including a statement of allegations; 2) present relevant information to the investigator; 3) legal counsel, at their own expense.

Hearing

In every case where a hearing is warranted pursuant to these policies, an adjudication shall be conducted. The adjudication shall conform to the provisions set out hereafter. However, deviations in one or more of the procedural safeguards are permitted, provided the following conditions are satisfied:

  • The individual is informed of the allegations and evidence brought against him or her in writing by PEAK

  • The individual is given a reasonable opportunity to respond to the allegations brought forward

  • The individual may be represented be legal counsel at his or her expense

  • The Grievance Panel member(s) who make the determination are free of conflicts of interests and render an unbiased decision

  • There is a right to appeal the Panel’s decision

The accused individual will be notified of a specific date and time to ensure that he or she is available for the hearing. The panel shall have the authority to set timelines and other rules regarding the proceeding and the conduct of the hearing, as it deems necessary. At the hearing, the accused individual will be allowed to present any reasonable evidence or argument that he or she wishes the Panel to consider. The Panel may require or permit documentary evidence, such as the written report of any investigator or other factfinder, before the hearing and that the names of any witnesses be disclosed before the hearing. The Panel may also consider a local PEAK organization’s employment determination as evidence to be considered. If the complainant/alleged victim(s) is a minor, the investigator’s or other fact-finder’s report may substitute for the minor witness’s direct testimony, provided that the accused had an opportunity to present and respond to relevant information collected during the investigation and before the report was transmitted to the Grievance Panel. The Grievance Panel may proceed in the accused individual’s absence if it cannot locate the individual or if the individual declines to attend the hearing.

The Panel has the discretion to impose sanctions on the individual if it finds, based on a preponderance of the evidence that emotional, physical, or sexual misconduct has occurred. The Panel will communicate its finding to the individual. The Panel may impose sanctions on the individual in its findings. Any sanctions imposed by the Panel against the individual must be proportionate and reasonable, relative to the content that is found to have occurred. The decision regarding the appropriate sanction shall be up to the panel deciding each complaint. In imposing a sanction, the Grievance Panel shall consider:

  • The legitimate interest of PEAK in providing a safe environment for its participants

  • The seriousness of the offense or act

  • The age of the accused individual and alleged victim when the offense or act occurred  

  • Any information produced by the accused individual, or produced on behalf of the individual, regarding the individual’s rehabilitation and good conduct

  • The effect on PEAK's reputation

  • Whether the individual poses an ongoing concern for the safety of PEAK’s athletes and participants

  • Any other information, which in the determination of the Panel, bears on the appropriate sanction

Sanctions may range from a warning and a reprimand to suspension from sport involvement with PEAK for a period of time. Suspensions may be temporary or permanent. For the purposes of this Policy, a suspension from sport involvement shall mean that the individual may not participate in any capacity or in any role in the business, events or activities of PEAK or its affiliated members for the duration of the period of suspension.

The conduct of the hearing will be private. If the Panel determines that the individual has violated policy, it may publish its decision or a summary of its decision, unless the accused is a minor. However, if the individual appeals, the summary of the panel’s decision will not be disclosed until an appellate decision has been made.

If the individual disagrees with the finding or sanction of the panel and wishes to appeal, he or she may file an appeal with PEAK Rowing Board of Directors within ten days of PEAK’s finding. On appeal, the Board will address the merits of the decision, and not the process that was utilized. A decision rendered by the PEAK Board of Directors shall be final and binding on all parties.

 

Section 5: Monitoring PEAK’s Strategy

By monitoring the interactions among staff, volunteers, athletes and others, PEAK works to prevent, recognize and respond to inappropriate and harmful behaviors as set forth in our SafeSport Policy, while reinforcing appropriate behaviors. PEAK utilizes multiple monitoring methods to observe how individuals are interacting, including without limitation 1) formal supervision 2) informal supervision and 3) maintaining frequent contact with staff members, volunteers and athletes who interact off-site.

While PEAK has a formal reporting policy, staff members and volunteers should be prepared to respond immediately to inappropriate or harmful behavior, potential risk situations and potential boundary violations. Staff members and volunteers will redirect inappropriate behaviors to promote positive behaviors, confront inappropriate or harmful behaviors and report behaviors if necessary.