United States Center for SafeSport

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United States Center for
SafeSport
NicknameSafeSport
FormationMarch 2017 (4 years ago)
Type501c(3) nonprofit
Purposeaims to address the problem of sexual abuse of minors and amateur athletes in sport.
Location
  • Denver, Colorado, United States
Originsset up under the auspices of the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017
Region served
United States
Servicesassess sexual abuse and sexual misconduct complaints; impose sanctions, up to lifetime banning; provide a central database of disciplinary cases across all sporting disciplines
Chief Executive Officer
Ju’Riese Colón
12 independent board members
Budget (2019)
$10.5 million
Websiteuscenterforsafesport.org

The United States Center for SafeSport is an American 501c(3) nonprofit organization set up in 2017 under the auspices of the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017. SafeSport seeks to address the problem of sexual abuse of minors and amateur athletes in sport.[1][2][3] Its primary focus, as to which it has exclusive jurisdiction, is to review allegations of sexual misconduct, and to impose sanctions up to lifetime banning of a person from involvement in all Olympic sports.[4] One function of SafeSport is to collate a central database of disciplinary cases across all sporting disciplines.[5]

In 2019-20, the Center imposed temporary measures in 6% of cases - those where the charges were most serious and demanded to be addressed most urgently. In 71% of cases in which final sanctions were imposed, they consisted of some level of suspension or ineligibility. As of February 2020, the Center had sanctioned 627 people, with the most serious sanctions being permanent ineligibility.

Mission and operations[]

SafeSport's primary focus, as to which it has exclusive jurisdiction, is to review allegations of sexual misconduct, and to impose sanctions up to lifetime banning of a person from involvement in all Olympic sports.[4] In the case of sexual abuse or sexual misconduct, the Center’s exclusive jurisdiction means that none of the other Olympic or Paralympic organizations have authority to investigate sexual misconduct in their own ranks.[6]

Reporting, both online and by telephone, is key to its mission.[7] The online Centralized Disciplinary Database provides online access to published actions regarding individuals, and their current status.[8] In the database, the Center publishes the names only of those sanctioned adults who the Center believes pose a potential risk to US Olympic and Paralympic athletes and affiliated organizations.[9] SafeSport collaborates with law enforcement on report investigations.[10]

Center staff considers the number of individuals who allege that they have experienced misconduct, whether they were minors, the number of witnesses, and the volume of and difficulty in obtaining evidence.[9] The severity of abuse and misconduct can range from inappropriate conduct such as butt slapping, to rape and forcible sexual assault.[9] On a discretionary basis, SafeSport also reviews and acts on allegations other than those of sexual abuse or sexual misconduct, such as emotional abuse, bullying, and harassment.[4] There is no statute of limitations.[11]

The Center also provides education, training, and outreach concerning sexual abuse, sexual misconduct, physical abuse, harassment, hazing, bullying, and emotional abuse within the United States Olympic and Paralympic organizations.

In 2019, the Center had a budget of $10.5 million.[12] Its first CEO, Shellie Pfohl, resigned in 2019, and was reported as saying that the Center had been "inundated" with more than 1,800 reports of sexual misconduct or sexual abuse, and lacked the resources to deal with all the cases.[13] In October 2020 the Center had approximately 1,200 open investigations, and about half of its 40 employees were devoted to clearing that backlog.[14]

President Donald Trump signed a new law in October 2020 that requires the United States Olympic & Paralympic Committee to provide $20 million of funding to the Center every year.[15] The Center also receives money from individual national governing bodies and a federal grant, as well as other sources.[15]

Cases and outcomes[]

As of July 2020, the Center had received over 4,000 incident reports of sexual abuse in the three years of its existence.[16] Sexual misconduct claims in U.S. Olympic & Paralympic sports rose 55% between 2018 and 2019, and included 2,770 reports in 2019.[16] As of February 2020, the Center had received almost 5,000 reports from the time it opened, and had sanctioned 627 people.[11]

Temporary measures[]

In the year from July 1, 2019, through June 30, 2020, the Center imposed temporary measures in 123 of 2,027 cases that were created (6%).[9] The Center imposes temporary measures only when it believes that they are necessary, based on the evidentiary support for the allegations, the severity of the allegations, and/or the perceived risk to athletes or the sport community.[17] The Center guarantees hearings on temporary suspensions within 72 hours, before an independent arbitrator, if requested by the Respondent, at which the arbitrator considers the reasonableness of the suspension based on the evidence and the seriousness of the allegations; the arbitrator's decision is issued within 24 hours of the close of the hearing, and is not subject to appeal.[11]

If an arbitrator modifies or denies temporary measures, the Center nevertheless can again impose temporary measures in the same case in the future, if it receives material information or evidence that it did not have previously.[11]

A temporary measures hearing does not resolve whether the Respondent committed a violation, or what the appropriate sanctions should be if a violation is found.[11] It is not a hearing on the merits. It is strictly limited to determining if there is reasonable cause to impose the temporary measures.[11] In addition, the arbitrator's decision is inadmissible, and is not given any weight, if there is a final decision, which in turn goes to arbitration.[11]

Cases[]

The Center refers to an allegation of misconduct as a "case" when the Center has enough information to begin investigating.[18]

In the year from July 1, 2019-June 30, 2020, the Center resolved 2,460 cases.[18] Most of the cases were resolved by the Center not taking them on, and instead booking them as jurisdictional or subject matter closures (e.g., the Center determined that it lacked personal jurisdiction over a respondent, or lacked subject matter jurisdiction over reported behavior).[9] In 424 cases, the Center referred reports of alleged abuse to law enforcement.[18] The Center imposed sanctions in 262 cases; in 71% consisting of some level of suspension or ineligibility.[18] In 57 cases, "permanent ineligibility" was the most serious sanction imposed by the Center.[18] In 95 cases, "ineligibility until further notice" was the most serious sanction imposed by the Center.[18] In 33 cases, the sanction was "suspension for a specified period of time," in 58 cases it was probation, while in 19 cases it was a warning.[18]

From February 2018 through June 2020, 63% of cases opened were resolved in one to three months, but 14% took over a year to resolve-with more time required for cases in which law enforcement was involved or claimants were reluctant or nonresponsive.[9]

Merits arbitration[]

From July 1, 2019, through June 30, 2020, of 17 cases referred to Merits Arbitration and decided, 11 of them (65%) resulted in the Center’s findings and sanctions being substantially upheld, 3 cases resulted in them being substantially modified, and 3 cases in them being overturned.[9]

Criticisms[]

The SafeSport program was criticized in 2018 for being underfunded, before greater funding was approved.[19] It was also criticized for being insufficiently independent from the United States Olympic Committee--a claim SafeSport officials and its supporters vehemently denied, and which in addition was the subject of focus of a new law adopted in 2020.[6][20][21] U.S. Senators Richard Blumenthal and Jerry Moran proposed measures to strengthen oversight and funding of the SafeSport program in 2019, which were adopted in 2020.[21]

Notable cases[]

See also[]

References[]

  1. ^ Matthew J. Mitten, Timothy Davis, Rodney K. Smith, Kenneth L. Shropshire (2019). Sports Law and Regulation; Cases, Materials, and Problems, Wolters Kluwer.
  2. ^ Brenda G. Pitts, James J. Zhang (2020). Sport Business in the United States; Contemporary Perspectives, Taylor & Francis.
  3. ^ "The U.S. Center for SafeSport Opens". Team USA. Denver, Colorado: United States Olympic & Paralympic Committee. March 24, 2017. Archived from the original on March 1, 2018. Retrieved March 27, 2020. “There is a critical need to address abuse in sports and we want to do everything we can to provide athletes with a positive, safe and secure environment,” said U.S. Olympic Committee (USOC) CEO Scott Blackmun. “Violence, abuse and misconduct in sport not only threatens athletes, but also undermines the fundamental values that sport is based on.” “The launch of the U.S. Center for SafeSport is an essential step in protecting athletes from abuse,” said Han Xiao, Chairman of the USOC’s Athletes’ Advisory Council. “We look forward to working together to create a safe environment for our youth and athletes.”
  4. ^ Jump up to: a b c Nadia Brown (2020). Me Too Political Science
  5. ^ Branch, John (September 25, 2018). "Sports Officials Are Making Lists of People Barred for Sexual Misconduct. Big Lists". The New York Times. ISSN 0362-4331. Archived from the original on March 1, 2019. Retrieved August 4, 2019.
  6. ^ Jump up to: a b Andrew Lee, Gregory Marino (December 18, 2020). "The Empowering Athletes Act: A Welcome High-Water Mark in Amateur Sport Accountability". JD Supra.
  7. ^ "Report a SafeSport Concern | U.S. Center for SafeSport". SafeSport. Retrieved March 27, 2020.
  8. ^ "Search the Disciplinary Database | U.S. Center for SafeSport". SafeSport. Retrieved March 27, 2020.
  9. ^ Jump up to: a b c d e f g Kathryn A. Larin, Director Education, Workforce, and Income Security Issues; GAO (December 18, 2020). ""Amateur Athletes: The U.S. Center for SafeSport's Response and Resolution Process for Reporting Abuse"" (PDF).CS1 maint: multiple names: authors list (link)
  10. ^ Jacquelyn Abad (June 9, 2021). "SafeSport tip led to Oregon Olympic equestrian's arrest". KOIN 6 News.
  11. ^ Jump up to: a b c d e f g Grace Kier (April 22, 2020). "Three Years on, Center for SafeSport Faces Controversy". Pulitzer Center.
  12. ^ Eddie Pells (September 17, 2019). "Sex-abuse reports on rise; SafeSport Center seeks more money". The Denver Post.
  13. ^ Axon, Rachel; Armour, Nancy (December 28, 2018). "SafeSport CEO Shellie Pfohl will step down at year's end". USA Today. Archived from the original on December 29, 2018. Retrieved August 4, 2019. Pfohl’s departure comes two weeks after a USA TODAY investigation [link in original] found there is little to no enforcement of sanctions for sexual misconduct. USA TODAY found six coaches who had continued to coach despite being permanently banned. Of the 40 governing bodies who responded to a USA TODAY survey, only 17 said they can punish clubs or members that ignore the bans. ... SafeSport currently has a searchable database, but it only includes people who have been sanctioned since the center opened in March 2017. Of the 50 governing bodies, only 23 maintain any sort of public banned list. Three governing bodies – hockey, soccer and climbing – keep theirs private. The USOC ordered governing bodies in May[, 2018] to share information on individuals they had banned with SafeSport for a universal list. Pfohl had said she hoped such a list would be ready by early 2019. ... “No,” Pfohl said when asked if the center had adequate resources to investigate the volume of complaints.
  14. ^ Pete Madden and Dan Murphy. "SafeSport CEO testifies before oversight panel as lawmakers weigh increasing its public funding". ABC News.
  15. ^ Jump up to: a b "Law gives Congress more oversight of USOPC". ESPN. October 31, 2020.
  16. ^ Jump up to: a b "Who's Who Of Olympians Urges Congress To 'Back S2330 Empowering Athletes Act, With No Loopholes For Rogues'". Swimming World Magazine. July 14, 2020.
  17. ^ "Temporary Measures Overview," US Center for SafeSport.
  18. ^ Jump up to: a b c d e f g Office, U. S. Government Accountability. "Amateur Athletes: The U.S. Center for SafeSport's Response and Resolution Process for Reporting Abuse". GAO.
  19. ^ 2018 Congressional Record, Vol. 164, Page H640 "29 January 2018 Comments on S. 534 as amended" (PDF). January 29, 2018. pp. H636–H643. Retrieved March 27, 2020. Ms. JACKSON LEE... However, I must note a concern with a change the bill before us would make to the Senate-passed version of S. 534. The bill unanimously passed by the Senate would authorize funding to be provided to the U.S. Center for Safe Sport in the amount of $1 million for each of the next 4 years. Unfortunately, the version of the bill before us strips this funding authorization. I believe we should have taken up the Senate bill without amendment.
  20. ^ Scott M. Reid (June 2, 2021). "Government Accounting Office requests U.S. Center for SafeSport documents". The Orange County Register.
  21. ^ Jump up to: a b Moskovitz, Diana (August 2, 2019). "Congress Responds To The Larry Nassar Scandal With A Half-Measure And Handshakes All Around". Deadspin. G/O Media. Archived from the original on August 2, 2019. Retrieved August 4, 2019.
  22. ^ Silverstein, Jason (January 19, 2019). "Coughlin kills self after being suspended". CBS News.
  23. ^ Hackney, Deanna; Phillips, Chad (January 19, 2019). "John Coughlin, champion US figure skater, dies after sport suspension". CNN News.
  24. ^ Brianna Sacks and Melissa Segura (July 23, 2021). "A Fencer Made It To The Olympics In Spite Of Multiple Accusations Of Sexual Assault. His Teammates Say The System Is Broken". BuzzFeed News.
  25. ^ Wiener, Talia (June 9, 2021). "MHS grad on Olympic fencing team suspended for alleged misconduct". Montclair Local News.
  26. ^ Longman, Jeré (July 22, 2021). "U.S. Olympic Fencer, Accused of Sexual Misconduct, Kept Apart From Team; Alen Hadzic of New Jersey is an alternate on the U.S. fencing team but has not been allowed to stay in the Olympic Village". The New York Times.
  27. ^ Josh Peter and Christine Brennan (July 22, 2021). "US fencer accused of sexual misconduct unhappy with treatment at Tokyo Olympics". USA Today.
  28. ^ Edwards, Schaefer (April 7, 2021). "Former Rice Fencing Coach Accused Of Sexually Assaulting Houston Teen In '90s". Houston Press.
  29. ^ Brennan, Christine (June 1, 2021). "U.S. Center for SafeSport suspends figure skating coach Ross Miner for sexual harassment". USA TODAY.
  30. ^ Nir, Sarah Maslin (November 19, 2019). "George Morris, Equestrian Legend, Is Permanently Barred From the Sport". The New York Times. ISSN 0362-4331. Retrieved November 20, 2019.
  31. ^ "George Morris Permanently Banned By SafeSport". The Chronicle of the Horse. November 19, 2019. Retrieved November 20, 2019.
  32. ^ "U.S. Olympic shooter suspended, ineligible for Tokyo Games". June 24, 2021.
  33. ^ "Olympic champ Angelo Taylor continues to coach despite guilty plea in Georgia case". The Orange County Register. May 16, 2019.
  34. ^ "USATF suspends two-time Olympic champion Angelo Taylor". The Orange County Register. May 16, 2019.

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