Mesa Aquatics Club - Safe Sport

304.1 The mission of USA Swimming is to encourage participation and the pursuit of excellence in all aspects of swimming. USA Swimming grants the privilege of membership to individuals and organizations committed to that mission. The privilege of membership may, therefore, be withdrawn or denied by USA Swimming at any time where USA Swimming determines that a member or prospective member's conduct is inconsistent with the mission of the organization or the best interest of the sport and those who participate in it.

In order to assist all members to better serve the interests of those who participate in swimming,

USA Swimming has adopted this Code of Conduct.

304.2 Any member, former member, or prospective member of USA Swimming is subject to the jurisdiction of the Board of Review. Any member, former member, or prospective member of

USA Swimming may be denied membership, censured, placed on probation, suspended for a definite or indefinite period of time with or without terms of probation, fined or expelled from USA

Swimming for life if such person violates the provisions of the USA Swimming Code of Conduct, set forth in 304.3, or aids, abets or encourages another person to violate any of the provisions of the USA Swimming Code of Conduct. USA Swimming shall initiate an investigation of any former member of USA Swimming when a report required under 306.1 is received.

304.3 The following shall be considered violations of the USA Swimming Code of Conduct:

.1 Violation of the right to compete provisions set forth in Article 301.

.2 Violation of the anti-doping provisions set forth in 303.3.

.3 Discrimination in violation of the Amateur Sports Act which requires that USA Swimming must provide an equal opportunity to athletes, coaches, trainers, managers, administrators, and officials to participate in the sport of swimming. Athletes must be allowed to participate and compete to the fullest extent allowed by the Rules and Regulations. Discrimination against any member or participant on the basis of age, gender, race, ethnicity, culture, religion, sexual orientation, gender expression, genetics, mental or physical disability, or any other status protected by federal, state or local law, where applicable, is prohibited.

.4 Violation of any of the Athlete Protection Policies set forth in Article 305.

.5 Violation of any of the Sexual Misconduct Reporting Requirements set forth in Article 306 or the Prohibitions Against Retaliation for Good Faith Reporting of Abuse set forth in Article 307.

.6 Conviction of, imposition of a deferred sentence for, or any plea of guilty or no contest at any time, past or present, or the existence of any pending charges, for (i) any felony, (ii) any offense involving use, possession, distribution or intent to distribute illegal drugs or substances, (iii) any crime involving sexual misconduct, or (iv) any criminal offense against a minor.

.7 The use of illegal drugs in the presence of an athlete, by a coach, official, trainer, or a person who, in the context of swimming, is in a position of authority over, that athlete.

.8 The providing of alcohol to an athlete by a coach, official, trainer, manager or any other person where the athlete is under the legal age allowed to consume or purchase alcohol in the state where the alcohol is provided.

.9 The abuse of alcohol in the presence of an athlete under the age of eighteen (18), by a coach, official, trainer, or a person who, in the context of swimming, is in a position of authority over that athlete.

.10 For any USA Swimming member club or coach to knowingly: A allow any person who has been sanctioned with a membership suspension by the Center for SafeSport or USA Swimming to coach or instruct any of its athlete members, B aid or abet coaching or instruction of athletes by any person who has been sanctioned with a membership suspension by the Center for SafeSport or USA Swimming or C allow any person who has been sanctioned with a membership suspension by the Center for SafeSport or USA Swimming to have an ownership interest in such USA Swimming club or its related entities. Measures to be adjudicated by the USA Swimming Zone Boards of Review

.11 Any act of fraud, deception or dishonesty in connection with any USA Swimming-related activity.

.12 Any non-consensual physical contact, obscene language or gesture, or other threatening language or conduct directed towards any meet official and which is related to any decision made by such official in connection with a USA Swimming sanctioned competition.

.13 Action, other than through general advertising, by a coach, owner, officer, volunteer, representative, or employee of a swim club, or a USA Swimming or LSC employee, either through direct contact with an athlete or the encouragement of others, to recruit or otherwise encourage an athlete who is already a member of a USA Swimming member swim club to leave that club, unless the acting party receives prior written approval to recruit or encourage the athlete to change affiliation from the designated club representative of the athlete's existing USA Swimming-member swim club or contact is initiated by the athlete, the athlete's parent or authorized representative. General advertising includes any information that is: A Distributed to an identifiable general population where there is a reasonable expectation that the majority of that population are not current members of USA Swimming, or B Placed in or on any item that is sold. In the event of a violation of this section, a sanction may be imposed against any coach, owner, officer, volunteer, representative or employee of a swim club, or against any such club, or any combination thereof, as appropriate.

.14 Violation of any team misconduct rule as established by the USOC, USA Swimming, any Zone or LSC team authority.

.15 Any other material and intentional act, conduct or omission not provided for above, which is detrimental to the image or reputation of USA Swimming, a LSC or the sport of swimming. Measure to be adjudicated by the U.S. Anti-Doping Agency

.16 Violation of the anti-doping provisions set forth in 303.3. Measure to be adjudicated by the U.S. Center for SafeSport

.17 Violation of the SafeSport Code.

PRE-EMPLOYMENT SCREENING

Article 502.6.8 which requires clubs to comply with USA Swimming’s Pre-Employment Screening program.

Clubs are responsible for hiring and supervising their own coaches and staff, and managing their own volunteers. USA Swimming does not hire, supervise, or manage a club’s employment relationship with its coaches, staff, or volunteers, as that is an independent responsibility of the club. Responsible and thorough hiring practices are critical to maintaining a safe and healthy training environment for our members.

The pre-employment screening program requires clubs to certify to USA Swimming that they have conducted three required screens prior to offering employment to any potential employee.

The three screens are:

(1) past employment reference checks

(2) verify the highest held level of education

(3) acquire a state motor vehicle report

Clubs are also encouraged to complete two option screens:

(1) social network search

(2) Google media search

PURPOSE

Clubs are responsible for hiring and supervising their own coaches and staff, and managing their own volunteers. USA Swimming does not hire, supervise, or manage a club’s employment relationship with its coaches, staff, or volunteers, as that is an independent responsibility of the club. The pre-employment screening program requires clubs to certify to USA Swimming that they have conducted certain pre-employments screenings for covered individuals.

Note that USA Swimming’s Background Check Program is a criminal record search and is not a substitute for a club conducting appropriate pre-employment inquiries. Clubs should carefully check references and previous employers and verify information provided by the applicant using available screening resources.

REQUIREMENT AND REQUIRED PROCEDURES

ARTICLE 502.6.8

Under Article 502.6.8 of the USA Swimming rulebook, all clubs are required to comply with the USA Swimming Pre-Employment Screening Procedures for New Employees for all new employees who are required to be USA Swimming members under Article 305.4 and 502.6.3.

REQUIRED PRE-EMPLOYMENT SCREENING PROCEDURES

As a condition of membership in USA Swimming, member clubs are required to conduct the following pre-employment screens on their new employees who are required to be USA Swimming members by USA Swimming rules.

1)    Past Employment Reference Checks or Verifications. Where there have been multiple employers, minimum of the three most recent employers.
2)    Education Verification (highest held)
3)    State Motor Vehicle Report Examination

The club should carefully review and evaluate the information gathered as part of making a final decision to offer employment to a candidate. The screening process should be completed before the employee is officially hired and begins employment.

ADDITIONAL RECOMMENDED PRE-EMPLOYMENT SCREENING PROCEDURES

USA Swimming also recommends that local member clubs conduct the following internal research into new employees who are required to be members by USA Swimming rules:

4) Social Network Search;
5) Google Media Search

If the club chooses to complete the recommended screens listed above, it should carefully review and evaluate the information gathered as a part of making a final decision to offer employment to a candidate.

If you have additional questions or need more information after reviewing the FAQ document, please contact [email protected].

RECOMMENDED PROVIDERS

USA Swimming has identified nationally-recognized companies that can assist clubs with fulfilling the required and recommended components of the Pre-Employment Screening program. These companies are accredited consumer reporting agencies that have agreed to provide the required services at preferred pricing for USA Swimming clubs. In addition to providing the required services, these companies are able to assist clubs with fulfilling mandated employer obligations related to the screening process.

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