Managing the Membership of Sports Organization: The Legalities of Banning a Member

[Deleted member D3987]

in the beginning...this issue is biblical. thru several generations and civilizations, crimes against women and young girls are historically epic. no generation or civilization has been able to eradicate what is now considered a pathology. a mental disease.

all laws have evolved from religious law. as human kind became 'civilized' the law evolved to criminal law and then civil law to provide remedies to someone that had an other do something wrong against them and subsequently 'make them whole'. this is the simple explanation. and as society evolved the law worked its way in to the work place and the conundrum we have today. and what Pittsburghscribe has pointed out is entirely with merit, but the conflicts to employers and organizations is where it gets extremely clouded and causes people and leaders to be cautious. 1 misstep can cost you. 2 missteps can bankrupt an entire organization. large and small. and as it relates to NGB's, there are certain measurements that can be put in to place. but they can not act autonomously or outside of the laws of our land and are ultimately accountable to their Board of Directors (can be found at the XXXXXX site) and the XXXXXX . XXXXXX is not a fully private organization. they are quasi. everything that they do must be approved at some level. and some issues require permission from the XXXXXX. The XXXXXX is the final say in the USA as it relates to our Olympic Athletes and the systems and organizations that support them.

remember that XXXXXX is only 47 years young. you have seen my other posts as to it being established. XXXXXX (RIP) and a few gymnastics people wrestle 'gymnastics' away from the XXXXXX by way of the court system. by 1964, the XXXXXX had commissioned a charter to XXXXXX to become the NGB for all things gymnastics in the US. XXXXXX's charter/mission was charged with providing athletes to the XXXXXX to represent the United States in international competitions, World Championships and the Olympic Games. an NGB office was set up in arizona. a few years later a move to texas. and from there to indianapolis to join other NGB's moving and establishing themselves in this city. I have often heard colleagues and mentors comment that "i'll bet this isn't what everybody signed up for". the "signed up for" is sexual abuse.

prior to 1968, when the population was less and there were no clubs, most of the gymnastics being done was at the XXXXXX's, XXXXXX's, XXXXXX's and College gyms. there just weren't alot of child gymnasts or programs. look what the world has now. the US did not put it's 1st club gymnast on to an Olympic Team until 1976. by 1980, every member came from a private club. prior to 1976, the female gymnasts were all 'women'. you can imagine that the issue of sexual abuse against a minor in our sport was null and void. this doesn't mean that certain physical or emotional abuse issue did not exist. but crimes against minors for sexual abuse, rape, aggravated rape, statutory rape, etc; did not exist because the female gymnasts were all adult women. the environment at that time did not lend itself as an environment where minors could be exploited.

gymnastics was eventually consumed by private clubs. and yes, men's at the collegiate level still provide the majority of the Olympic Team Members. this is due to us men taking that much longer to physically develop in to gymnasts, where the majority of women have reached their physical peak and winding down either their club career or subsequent college career. and please don't bring up 1 gymnast whose name is XXXXXX. she has outlived and outpaced ALL of the men now for 3 quads. who knew?...

so what we have now are environments in gymnastics schools that are magnets for this certain mental disease and their predators. the environments are practically ALL minors. now think...what institution can you name where this mental disease has been completely eradicated from their profession, workplace or industry? if private and public school systems can't eradicate the disease, it's reasonable and logical to conclude that 'gymnastics' is going to have a daunting task for all time. and no one can predict the crime. even after you consider all measurements and accountability put in to place to attempt to prevent or diminish the risk of sexual abuse, along comes another predator that HAS reinvented the wheel of sexual abuse or his/her predilection for what their after.

therefore, it is not a question of 'if' but of 'when'. and as it stands today, the 'if' can not be predicted. only that the when will happen and some child will need help after the fact. this fact is not only frustrating for parents who are rasing children, but frustrating for law enforcement, prosecutors and NGB's. and because i view these issues as 'reality' and 'unfortunate consequences of living life' i will not pillory the NGB's of the world for not having the ability to control the ills of society.

time to take a break. next i will dovetail this narrative to our NGB's and plausibly explain WHY they operate the way they do. and why clubs/coaches/administrators must be mindful and cautious lest they open themselves to a civil suit. criminal law in this area is a daunting task. just ask any prosecutor just how difficult it is to bring a case of this nature to the legal threshold/standard it must meet for a Judge to allow it to proceed to a trial. and then the risks that you take as a matter of civil law if you misstep or get it wrong. see you all tomorrow. and please Gymlawmom...jump in here.

 

[Deleted member D3987]

Dang dunno--that could be a legal thesis. Yikes, where to start.................................................

just start!..........

 

[Iwannabemargo]

With all problems isn't it though a case of "managing risk". As Dunno says we can never totally erradicate this problem as it it a problem with society as a whole. And talking of Penaties for the presumed guilty/convicted, in a way, is not helpful either. Whats most important is creating a safe working atmosphere for gymnasts and staff together.

As previously stated its little things like makeing sure the children aren't "victims" and know how to speak up for themselves. These acts of indecency and violence don't just happen - many long hours of grooming are required before a preditor stikes and they pick on the vunerable. So Lets make sure there is not the facility for this to happen.

No "alone time" or one-to one ( we don't do privates over here as a rule so not so much of a problem)
Open doors
Cameras
Crimal records Checks
Affiation body for coaches to hold approved register - and possible a CV of the coach so any suspicious pattern could be identified - surely as an employer it would be useful to know if XYZ had coached at 6 different gyms in the last 6 years - maybe they just don't get on with people !

Prevention is much better than cure

'Margo

 

[Deleted member D3987]

now on to insurance. here in the states, and all 50 of them, insurance is not required of a club owner to operate a gym business. it is not a 'profession' as in medicine. per this discussion, we won't discuss the merits of whether it is a bad business idea to not have liability insurance. but i will discuss this a bit further on. and when you look at the tier 'teeth' of our NGB, strides have been made to coral membership in to good business pratices since 1980. for example, abc gymnastics club has an owner. this owner is not affiliated with any organizing body for gymnastics. and to reiterate, AAU, Park Districts, YMCA's, Sokol's, USAIGC and Turners are just a few of the organizations that do gymnastics here in the states. and since this owner is not affiliated with USAG, he/she lacks the exposure, visibility and educational benefits afforded a gym that is affiliated. and all those other organizations use ALL of the educational materials, safety certifications and competitive program structure provided by the NGB. As i posted in another thread, even the NCAA coaches are required by the NCAA to take the USAG Safety Certification Exam for their credentials.

so then, USAG entices a gym school to come on board, for a fee and a few perks, for the sake of abc gymnastics and their students. For a fee, a club pays $160.00 per year to become a USAG Club Member. For this fee, USAG puts you up on their website and provides the gym with other gymnastics materials to educate and market the whole of your business Link Removed. there are several other functions that take place throughout the year and 'Club Members' receive various discounts. when you go to the USAG website, if you find your gym under the various 'state' buttons this means that YOUR gym is a USAG registered Club member. 2 of the requirements of this membership is that you MUST have liability insurance and that you agree not to hire or employ anyone from this list www.usagym.org/ineligible. check out "Membership Requirements" on the 1st link above.

this means that there are 3 tiers amongst the private clubs. the clubs in the 1st example, the clubs that are NOT 'Club Members', and those that are. And all 3 of these groups can/may have athletes that compete in USAG sanctioned competitions. and those sanctions are ALL tied to insurance and their requirements. the athletes and their parents must read and sign an athlete membership form and pay a nominal fee. in essence, this form is considered 'informed consent' to the parent and child. if your child competes USAG you know what this form consists of. and it requires signatures of both parents and child. once this is executed, your child receives an athlete 'card' and number and a bi-monthly magazine.

then there is the coach. the coach's membership is 3 pronged. the coach must pay a fee to become a professional member. he must pay a fee to take a safety certification exam. he/club must pay an additional fee for a background check. only coaches that have met these 3 pronged requirements are aloowed on the floor of a USAG sanctioned event.

then there are the requirements of a USAG sanctioned competition. a host/meet director must meet all the requirements of the 'Rules and Policies' of competitions. :: USA Gymnastics :: Women's Program Rules and Policies ::, http://usagym.org/PDFs/Women/Rules/Rules%20and%20Policies/w-meetorgguide.pdf, :: USA Gymnastics :: Men's Rules and Policies ::, :: USA Gymnastics :: Rhythmic Rules & Policies ::, etc;

so then, the athletes are registered and the parents informed of the serious nature of gymnastics, the coaches have credentials and the competitions meet a codified standard. only now can a USAG sanctioned event take place. and the insurance requirements for that USAG sanctioned event have been met and satisfied. these 3 facts have taken 31 years to come to fruition under 4 different executive directors. it's not that it took so long...it's that it happened at all! and there is more on the way to a theatre near you brought to you by USAG. look for USAG University coming to fruition also.

 

[Deleted member D3987]

con't. i am now reminded of Leymah Gbowee and her fight for peace and non-violence ( mostly against females) in the tiny West African nation of Monrovia. her fight against a thug and warlord named Charles Taylor that brought his dictatorship to an end. 1 particular incident in my mind stands out where she attended an internationally sanctioned peace conference/talks in Ghana in 2003. of course, the conference were made up of only men. Leymah stood outside the conference chambers with several other women protesters and began taking off her clothes! in the African culture, it is a curse to see your 'mother' naked. a spiritual emasculation of the male attendees. Leymah was threatening to 'mentally' castrate all of them in attendance. her defiance in refusing to "stop" created the fuel that was needed for the attendees to come to terms with a lasting peace for her country as well as others in West Africa.

now, you must be wondering where this is going and how it is germaine to the topic. and there is only 1 female coach on the banned list. the reality is that this disease is more prevalent in men. and that females are the victims. and our prison population confirms that this is so. this means that this issue is a womens issue. and not devoid of good men/coaches being involved. please remember that the vast and overwhelming majority of our industry are male coaches. and this same majority are good men. but men/fathers would rather 'put down' this disease before it ever sees the light of a trial. this could potentially reduce the amount of male coaches and club owners as they would now be spending a bit of time in jail and performing community service.

so, write this down or print it out. Markel, K&K, AIG and their subsidiaries Chartis, Lexington and York, and Nationwide are the major players in our industry. Sexual abuse claims are exclusions to the policies. if clubs want this coverage they must pay an additional premium for this coverage. ironically, it is referred to as 'church insurance'. the statistical reality is that it is more likely than not that your child will become injured MORE than the statistical chance that your child will be molested. a concientious club owner would rather mitigate by reduction the chance or occurrence of an injury by spending funds to purchase mats and safety equipment and such. it becomes an illogical waste of funds to spend money for additional sexual abuse coverage where the club owner has no control over a disease in someone that can not be predicted nor permanently eliminated and does not serve the safety of the kids. in other words, a club owner can do all that he can and is supposed to do and can still become embroiled in a sexual abuse claim. very frustrating, would you not agree? furthermore, the insurance companies should be rewarding good practices by NOT excluding this crime from the policies and afford the club owner the ability to spend the funds in their gyms to enhance saftey whereby the insurance companies would provide defense costs against a claim of sexual abuse in a gym that has met certain criteria in order to get insurance in the first place. tort claims for injuries pale in comparison to the costs involved in a tort involving a sexual abuse claim. ask anyone that you know that works in insurance. then ask the Catholic Church. it all starts with insurance.

so then, write to these companies and tell them that their policy on sexual abuse is part of the problem and not a solution. and then write your legislators and tell them what is going on. the strenth of your gender can bare credibility and proximal experience to this matter that mostly effects young minor girls at the hands of a predator. and then the men should follow and chime in. a claim of sexual abuse has the potential to bring down a gym. a broken elbow will not. if a club owner does not have this additional insurance or it becomes unavailable in a certain geographic market, this means that the club owner is on the hook 100% for the defense costs associated with a claim of sexual abuse. instead, instruct these companies that they must come up with a set of requirements and criteria for all potential/existing club owners in order for them to receive insurance in the first place. as i stated, it is not a requirement to have insurance for a gymnastics school business. this goes for cheer also. although the only ones that can operate without insurance are those that are not 'tenants' and own/posess a clear title to their property and building. ALL landlords require a 'certificate of insurance' from their tenants naming them as 'additionally insured' in the event of a tort/claim. not just for gymnastics people, but for most businesses. if the insurance companies do this, it will compel prevention in many areas that could mitigate and reduce the remote chance that sexual abuse will occur.

time for a break. i'll be back. next on this boilerplate topic will be NGB's here in the states and the laws that dictate how they must comport themselves lest they be sued out of existence. advanced warning. i am a stark and rabid defender of all the NGB's. they are blamed for things that are not their responsibility or within their control. see you soon.

p.s. Gymlawmom, where are you?

 

[Deleted member D3987]

and i neglected to list what you should request of the insurance carriers. and 2 that most of you have become painfully aware of:

1. that as a policy holder, and as part of the terms and conditions of the policy, a club owner is not allowed to hire/employ anyone from the published banned list provided by our NGB.

2. that as a policy holder, and as part of the terms and conditions of the policy, a club owner is not allowed to hire/employ anyone with a former conviction of a sexual crime against anyone in any venue.

these 2 requirements not only serve the club owner in the event that a vermin/predator went undetected in the system and causes the club owner a lawsuit down the road wherein the club owner would be provided defense costs for something he could not learn or discover thru the vetting process as some of these issues are sealed, but also serves the kids as a hurdle for the predator when he goes out to look for a coaching job.

p.s. and consider this for just a moment. in the time it has taken me to type, edit and then post, more certain predators have been born in to the world. ugh.

 

[coachmolly]

I hate the fact that a club does not need to be part of the NGB to send athletes to sanctioned competitions. I feel like this is an enormous loophole that many clubs know about and they choose to take advantage. I used to live in a community that had 3 competitive gym clubs, a remarkable number given the population of the town. All 3 compete in sanctioned competitions in one capacity or another, yet NONE are member clubs. One of these member clubs has a questionable relationship with a convicted *** offender. It's impossible for anyone on the outside to say anything, because this individuals actual involvement in the gym can only be speculated, but it is known that they, at the very least, played a significant role in the creation of this business. But as a non-member gym, this information is apparently very well hidden. It makes me absolutely sick.

 

[bar princess's mom]

Ok, after reading all of these posts, I have a question. Why is this different from a teacher who has been accused of similar acts? Unless I am misinformed, these teachers would not be able to go to a different school and obtain a position (in either a public (sanctioned) or private (non-sanctioned) school). Is is the certification process that differs or the hiring process (more diligent backround checks/reference checks at the teacher level)?

 

[bogwoppit]

There is simply no certification required in the USA.

 

[bar princess's mom]

Then wouldn't that be step1 in solving the problem - requiring a certification? Unfortunately, that won't help the first victims until the abuser is reported but others could be saved. Is there a reason that a certification is not a feasible requirement?

 

[Deleted member D3987]

Ok, after reading all of these posts, I have a question. Why is this different from a teacher who has been accused of similar acts? Unless I am misinformed, these teachers would not be able to go to a different school and obtain a position (in either a public (sanctioned) or private (non-sanctioned) school). Is is the certification process that differs or the hiring process (more diligent backround checks/reference checks at the teacher level)?

thought it was clear. this most likely would not happen at a school. but a coach can get fired, even go to jail and get out, and go back to work in a gym if someone hires them and if they jumped states no one would know if there was a parole violation or not. as i stated, several of the coaches on that banned list are currently coaching. some own gyms. understand now? we have situations where the kettle has hired the kettle.

p.s. it has even happened in public, private and parochial schools. they change their name. get fake credentials. show up 20 years later at a parent teacher conference where 1 of their former victims 'recognizes' them for who they were awhilst sitting there with their child's teacher... the predator who victimized them 20 years before. and they're both now living in another state. or the next county over. cunning is what it is. certification can't control THAT.

 

[Deleted member D3987]

Then wouldn't that be step1 in solving the problem - requiring a certification? Unfortunately, that won't help the first victims until the abuser is reported but others could be saved. Is there a reason that a certification is not a feasible requirement?

no. i forgot one above. the insurance companies would NOT issue a policy to someone that opens a gym if they have been convicted of a *** crime against anyone in any venue.

certification has nothing to do with it. private clubs are private. public schools answer and are accountable to their state governments.

and if certification were the answer, you would not find physicians and lawyers losing their license for the same crime with their patients and clients only to return at a later date or another state and continue practicing. or teachers fraudulently rehabilitating their identity and jumping states. the only certification that would work is if we could predict or 'see' the predator and then certify them as THAT.

 

[Maitland]

Ok, after reading all of these posts, I have a question. Why is this different from a teacher who has been accused of similar acts? Unless I am misinformed, these teachers would not be able to go to a different school and obtain a position (in either a public (sanctioned) or private (non-sanctioned) school). Is is the certification process that differs or the hiring process (more diligent backround checks/reference checks at the teacher level)?

Having worked for an elementary school, I can say that all employees must be checked (via fingerprints) before they can begin work. This catches anyone convicted of a crime and/or required to register as an offender. Employees also have to give references and employment history, which is checked, but this is voluntary information and thus, unless someone is convicted and in the fingerprint databases, there is no way to know if there are past accusations. I assume most athletic facilities would also conduct a fingerprint check and check with past references, but again only those in the database would be identified. A lot hinges on actual convictions in these situations.

 

[Deleted member D3987]

no fingerprinting yet. and no photo id but has been discussed. see you tonight!

 

[JBS]

I guess we're gonna open this up as pertaining to USAG...so here we go...

U.S. gymnastics official calls for ‘immediate’ action | gymnastics, coaches, artsports - News - The Orange County Register

 

[JBS]

I'm saying...GO VIDMAR!...GO USAG!...thank you for addressing this.

 

[Iwannabemargo]

but what sort of secuirty checks do you guys go through ? I know its pretty impossible to do anything ( open a bank account, get a job, get a mortgage etc) without photo id here and its a tough process getting a photo id. I know I had a problem when I was a mortgage advsior gettting a loan for a young girl who had no passprot or driving licence and was not on thye voters roll - in the end she got a pssport so she could get her mortgage.

 

[AmandaLynn]

Currently, there really are NO security checks for someone to open a gym business or to coach.

As Dunno stated, in the US, there are loopholes around everything, it seems.

Our National Governing Body has "Club memberships", "Athlete Memberships" and then a myriad of different options for coaches including "Instructor memberships", Proessional memberships", "Introductory Coach Memberships", etc.

At this point in time, the only members that must submit to a background check are "Professional members" (AKA: people who are on the competition floor at sanctioned events) Coaches that do not go on the competition floor with athletes are not required to have a professional membership and are not required to have a background check.

Currently, a gym does not have to be a "member club" in order to participate in events sanctioned by the governing body. So long as the athletes and the coaches that are on the competition floor are registered, you're good to go.

So. By not requiring the club to be a member club, there is a loophole that these clubs are not bound to the "Thou shalt not hire anyone on the banned list" rule. And If they DO choose to hire these people, they can work in the gym. They just can not be on the floor in sanctioned events. Make sense?

It's simply a case of a flawed system. Our governing body needs to do something to close up that loophole.

 

[Deleted member D3987]

good post.^^^and i am having a busy week. i can't spend the proper time right the moment. but saw this and wanted to briefly comment. i will go in to the law when i can sit down. the flawed systems are the fault of our government both local and federal. you can't have teeth unless you have the legislation and subsequent laws to back you up. it's how our contry works. USAG can only do what our laws will allow. i'll be back with scenarios to give you all something to think about.

but at the end of the day on all this, it's starts with the people responsible for insuring us to begin with. then, it will take legislation and a federal law that states that "once you have been convicted of a crime against a minor, a *** crime against anyone in any venue, and even if you fulfilled your obligation to society and did your prison time, and even if you fulfilled ALL of the probation requirements upon your subsequent release, and finally...even if your former life has now been sealed 1 year later cause you met ALL of the Courts requirements and you are no longer on the *** registry because your term there expired...YOU CAN'T GET A JOB OF ANY KIND ANYWHERE IN THE USA WHERE MINOR CHILDREN WILL BE EXPOSED TO THE LIKES OF YOUR VERMIN. FURTHERMORE, YOU HAVE NO "LEGAL STANDING IN ANY UNITED STATES COURTROOM TO BRING AN ACTION OF ANY KIND AGAINST ANY PERSON THAT SPEAKS PUBLICLY OF YOUR MENTAL DISEASE OR TO AN EMPLOYER WHO DENIES YOU EMPLOYMENT OR LEARNS LATER THAT YOU'RE VERMIN AND DISMISSES YOU FROM YOUR EMPLOYMENT WITHOUT CAUSE.

i'm busy and i'll be back. i'm sure i'll add more to the "bill" above... and ponder this if you will...why is it that this gym in Colorado that is owned by a convicted *** offender from the state of washington,and has a coach employed there who is on the USAG banned membership list and the gym is still OPEN?! what is wrong with these parents...that they all know NOW what is going on and has been for quite some time and it has been EXPOSED...that a certain newspaper article has not notified the community there...that the gym closed down due to no one showing up to attend where no tuitions had been paid and that they have simply and silently have gone out of business. ponder that for awhile...

 

[Chocoholic]

Hmm. I'm not sure that I agree with you on this one, Dunno. Although I am a lawyer, this is not my area of the law, but I don't see why USAG needs changes in the federal or civil laws to add teeth to their own membership requirements. Of course a banned individual could sue for civil damages, anyone can sue anyone else in America , but that doesn't mean they would prevail. A sexual predator is not a protected class under any state or the federal constitution. Why can't USAG, like any other business or entity, ban members who violate their conduct policy? Law firms can fire (and do!) attorneys who violate their sexual harassment policies. In fact, absent a constitutional, statutory, or contractual barrier, companies can fire employees for any reason at all. I don't see why USAG can't require all gyms sending athletes to its meets to be members and why it can't require all coaches at those gyms to agree to be bound and sanctioned by the terms of its stated conduct policy. I would not want the legislation you describe above to be passed because it is way too broad, but I really don't think it should be necessary. Of course, I may be missing something here.