By Stephen Griffin
The recent surge in cases of sexual abuse against athletes, from the professional ranks down through youth sports, proves that we have failed to implement and enforce appropriate safety protocols. We continue to put athletes at risk every day.
The U.S. Center for SafeSport’s (“SafeSport”) conducts an annual Athlete Culture & Climate Survey. The 2020 survey included responses from nearly 4,000 athletes across fifty sports in the U.S. Olympic and Paralympic Movement (governed by the U.S. Olympic and Paralympic Committee, or the “USOPC”). The survey results were alarming, to say the least.
27.5% of athletes surveyed believe sexual, emotional, or physical misconduct is a problem in their sport. 40% are aware of coaches developing sexual relationships with athletes. Approximately 18% of athletes surveyed reported having unwanted sexual experiences and indicated that there were retaliated against. Even more alarming is that more than 50% of athletes surveyed who indicated that they had unwanted sexual experiences said that some or all of those experiences happened when they were under the age of 18.
Those who have come forward have displayed remarkable courage, however, the damage has already been done. These victims will have to deal with the trauma the rest of their lives.
Professional leagues, teams and youth organizations have been aware of inappropriate behavior, allowed it to continue and even taken steps to cover it up. In some cases, when employers actually took action, they allowed the perpetrators to simply move on to another club to continue their repulsive acts.
As a society, have we lost our moral compass? Or, have certain national governing bodies failed to take appropriate action, shine a spotlight on the perpetrators as a deterrent to others and express to the marketplace that this type of behavior will not be tolerated?
While background checks certainly will not flag all potential predators, proper screening will catch some and simultaneously send a message that NGBs are engaged and paying attention. For the record, SafeSport provides training resources, audits the NGBs and investigates reports of alleged abuse. It does not have the authority to enforce or audit background screening compliance. The USOPC and the individual NGBs have that authority.
On December 13, 2019, the USOPC issued its updated Responsible Sport Organization Background Check Policy (the “Policy”). The Policy states, among other things, that “the USOPC requires NGBs…(Responsible Sport Organizations) to conduct background checks in order to create a safe living, training, and competition environment for athletes and other individuals associated with Responsible Sport Organizations; and protect persons at risk, including, but not limited to, minors and vulnerable adults.”
The Policy even sets forth minimum standards and outlines “basic requirements” for organizations to incorporate into their background check policies. As an example, the Policy states that background policies should cover “…at a minimum, individuals that are 18 years of age or older: employees and individuals the Responsible Sport Organization formally authorizes, approves or appoints to (a) serve in a position of authority over or (b) have regular contact with athletes.” This includes staff, officials, coaches, board members, coordinators, administrators, trainers, independent contractors, and volunteers among others.
The Policy also outlines the minimum standards for background checks:
- Social security number validation;
- Name and address history records;
- Two independent multi-jurisdictional criminal database searches covering all fifty states, DC, Guam and Puerto Rico;
- Federal district court searches where the individual currently lives or has lived during the past seven years;
- County criminal record searches where the individual currently lives or has lived during the past seven years;
- National sex offender registry database search of all states plus DC, Guam, and Puerto Rico;
- Multiple national watch lists;
- SafeSport disciplinary records;
- Comprehensive international records searches for individuals who have lives outside of the U.S. for six consecutive months during the past seven years; and
- Motor vehicle records of at least a three-year history in the state of licensure.
The Policy also requires that full background checks be completed prior to the commencement of a new role for all applicable individuals.
Countless youth sports organizations are not in compliance with these background check requirements. Furthermore, the argument that a youth organization is not a Responsible Sport Organization does not hold water – the Policy also states that “Partner Programs” are also subject to these same requirements.
The Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, enacted as law on October 30, 2020, provides additional safeguards to protect amateur athletes from abuse, including sexual abuse, by coaches and employees in U.S. Olympic and Paralympic sports.
In fact, the law establishes legislative mechanisms by which Congress can dissolve the Board of Directors of the USOPC and decertify national governing bodies. It also provides for an annual amateur athlete survey conducted anonymously (which SafeSport has done) and an Athletes’ Advisory Council. To comply with the law, the U.S. Soccer Federation (“USSF”) called an Extraordinary National Council Meeting, on October 23, 2021, to ratify certain changes to its by-laws including increasing the number of voting members designated as amateur athletes.
However, complying with the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020 will require more than adjusting the composition of voting board members. I will also require NGBs to actually enforce compliance of the USOPC’s Responsible Sport Organization Background Check Policy.
The USOPC, under the direction of its Athlete Safety Officer, has the authority to audit compliance of NGBs and Responsible Sport Organizations, including background checks. Annually, the USOPC must submit to the President and each house of Congress a report by the USOPC’s compliance committee that identifies areas in which the USOPC has met and failed to meet compliance standards.
It is now time for the U.S. Soccer Federation to explicitly mandate that its youth soccer delegates (U.S. Club Soccer (“US Club”), U.S. Youth Soccer (“USYS”), American Youth Soccer Organization (“AYSO”), etc.) and other member organizations comply fully with the Responsible Sport Organization Background Check Policy.
No one wants to hear that compliance is too costly – last time I checked, US Club paid over $4.2 million in fiscal 2020 in management fees to a for-profit company, and USYS and AYSO had about $12 million and $60 million in cash on their balance sheets, respectively. I’m pretty sure that will cover plenty of background checks.
It’s time to start acting like responsible sports organizations and protect the athletes.
Author of two books related to the youth sports industry:
FRONT ROW SEAT: Greed and Corruption in a Youth Sports Company
LOST LOCKER ROOM: The Collapse of Global Premier Soccer
Twitter: @Griffin_Author
