The Safe Sport Act S.534 Which Became Law in February, 2018 Was To Promote Sexual Abuse Reporting And Stop Child Olympian Sexual Abuse. This scientific investigator hopes for the best, but so far the SSA has been a disappointment and has many shoortcomings.
Many others have grand expectations, as well. "It’s a new regime.” That’s how Nancy Hogshead-Makar, the CEO of Champion Women, describes the sweeping changes mandated by the recently passed Safe Sport Act. Aimed at protecting athletes from sexual abuse, the legislation comes in the wake of numerous, highly publicized accusations against a former doctorwith USA Gymnastics. The new legislation, which became law January 30, 2018 is Aimed at protecting athletes from sexual abuse.“It took a federal statute, S.534 Law, Safe Sport Act, to get the Olympic Committee to change.”
That statute is known as the Safe Sports Act mandates certain protections for young athletes, especially in cases of sexual abuse accusations.
The law requires that all youth sports organizations report sexual abuse allegations to local law enforcement.
Previously, governing bodies like the USAG, the USOC, and the many youth sports organizations associated, usually ignored local aw enforcement and handled such cases internally.
With the Safe Sports Act, it’s now a crime to adjudicate sexual abuse accusations in-house without reporting to the police within 24 hours. Additionally, victims of sexual abuse are to be compensated with a mandatory minimum of $150,000, and the statute of limitations will be extended. With the Safe Sports Act, that countdown won’t start until a person recognizes that they’ve been abused. That’s key, because as too many victims have discovered, abuse doesn’t always register as such right away.
The new legislation also creates an independent body called SafeSport, which will be responsible for ensuring compliance and investigating complaints.
SafeSport will be provided with a $1 million annual budget, and due to its outside status, should bring far less bias into investigations of abuse.
Before the Safe Sport Act, Hogshead-Makar says the USOC depended on “no duty of care” rules. Legally speaking, she says that meant as long as they stayed completely out of any situation involving accusations of abuse, they couldn’t be held liable. “The less they did, the less likely it was that a court would hold them responsible for sexual abuse,” she tells Bustle.
But with the passage of the Safe Sport Act, Congress has now taken that option away, making everyone involved responsible for addressing sexual abuse that occurs on their watch. [How The Safe Sport Act Could Stop The Next Larry Nassar By Jessicah Lahitou, Jan 2018]
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“When Congress passed the Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act — also known as the Safe Sport Act — the hope was that it would spur the prompt reporting of incidents to law-enforcement officials.
“Yet a recent opinion piece posted on TheHill.com, a political website that covers policy, claimed the act is fraught with problems: Few know it exists, it’s not federally funded and it may even be unenforceable.
“Most troubling is the fact that the Safe Sport Act establishes zero consequences for adults in youth sports who do not uphold the law and fail to report suspected child predators to the authorities,” Haviland writes.
“The Safe Sport Act is a well-intentioned effort that sadly won’t do anything to stop the failures that occurred at USAG,” he continues. “The solution? Haviland contends that Congress must provide the necessary funding and training to give the Safe Sport Act the teeth it intends.[SafeSport: Will it Actually Protect Young Athletes or is it just Lip Service? By: Michael Popke, 28 Nov, 2018, Sports Destination Management]
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The Safe Sport Act (SSA) and the Center for Safe Sport (CSS) created by S.534 bill, passed into law Feb, 2018, appears to want to address the concept of ‘Win-At-All-Costs’ “Sport Kingdoms Unto Their Own” with a united SSA / CSS law, but, in reality, the new law is confusing, ambiguous, superficial,
SSA depth has passing, scant, familiarity about‘Battered Child Syndrome’, Child Abuse Prevention and 42 U.S.C. United States Code, 2010 Edition Title 42 – THE PUBLIC HEALTH AND WELFARE CHAPTER 67 – CHILD ABUSE PREVENTION AND TREATMENT ACT (CAPTA) 2010 and ‘Child Athlete Abuse Syndrome Injury Epidemic’.
CSS appears to be an organization, that can filter suspected Child Sexual Abuse reports, as instructed directly reported to them first, before the CSS decides to report it to law enforcement, a preposterous proposition.
Federalization begs confusion. The federal government does not have hands-on, local, community, commonwealth, state, readily available law enforcement officers. Many delays in Dr. Larry Nassar Sexual Abuse of Olympians prosecutions were because suspected Child Abuse Victimizations, out of confusion, were reported to the FBI, who are not regulated for such state jurisdiction matters. Child and Youth Athlete Sexual Abuse are regulated by Sovereign State Enumerated Child Abuse Laws, which by law are only defined and guided by existing Federal laws, CAPTA 2010.
Few Reporters are savoy enough or will take the time to research the Reporting legal concept as required: “TITLE I – PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE, SEC. 101. REQUIRED REPORTING OF CHILD AND SEXUAL ABUSE.(a) Reporting Requirement.–Section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341); Knowledgeable citizens Shall as soon as possible make a report of the suspected abuse to the agency designated by the Attorney General under subsection (d).”
Safe Sport Act and Center for Safe Sport directions are not ‘crystal clear’ enough to become public policy; not sustainable, for going long.“For Safe Sport Act and Center for Safe Sport Federal jurisdiction to effictively exist, the individuals and organizations described in the Safe Sport Act legislation must somehow be engaged in 'interstate commerce' or its activities”, which is a long stretch of the commerce law and a stretch beyond reach for Child Athlete Abuse Syndrome, according to previous ‘helds’ (rulings) of the SCOTUS.
“With regard to the Commerce Clause, the SCOTUS justice majority said that the result was controlled by [United States v. Lopez (1995)], which had held that the Violence in Gun-Free School Zones Act of 1990 “marked the first time in half a century that SCOTUS held Congress had overstepped its power under the Commerce Clause” and was unconstitutional. [Bill of Rights Institute]
There, as in [Morrison], the SCOTUS stressed “enumerated powers” that limit federal power in order to maintain “a distinction between what is truly national and what is truly local (state).” [Lopez] therefore limited the scope of the Commerce Clause to exclude activity that was not directly economic in nature, even if there were indirect economic consequences. [Lopez] was the first significant SCOUS limitation on the Commerce Clause powers of Congress in 53 years.
The Safe Sport Act appears to have framed the Commerce Clause inappropriately, which has resulted in violations of States Rights, Children’s Rights and suspected Perpetrators’ Rights, who are unprotected by the SSA.
The Center for Safe Sport has investigative, prosecutorial, judge, jury and sentencing unfettered power, not controlled, limited, prevented or directly and firmly overseen by anyone or any body of law. [unfettered power Cambridge Academic Dictionary]
SSA and CSS Law prohibit individuals, amateur athlete, coach, trainer, manager, administrator, or official from filing Class Action Law suits, and actions by individuals who want to raise claims about some aspect of their SSA and CSS activities.
TITLE II – UNITED STATES CENTER FOR SAFE SPORT. (a) In General“Subchapter III–United States Center for Safe Sport “Sec. 220541. Design, “Sec. 220541. “(c) Binding Arbitration.—
In an article “Arbitration Everywhere, Stacking the Deck of Justice”……”If individuals have a problem with their account, the company…… “may elect to resolve any claim by individual arbitration.”(1-9)…… “Those 9 words are at the center of a far-reaching power play orchestrated by American corporations.”……
”By inserting individual arbitration clauses into a soaring number of consumer and employment contracts, companies devised a way to circumvent the courts and bar people from joining together in class-action lawsuits, realistically the only tool citizens have to fight illegal or deceitful business practices. [Arbitration Everywhere, Stacking the Deck of Justice by Jessica Silfer-Freenberg and Robert Gebeloffoct, 31, 2015, New York Times]
Is the Center for Safe Sport a Mandated Reporter? That requirement has Not been spelled out. Problematic and unclear are the answers.
The CSS only supervision is an annual report: ‘§ 220543. Records, audits, and reports ‘‘(a) RECORDS.—The Center shall keep correct and complete records of account. ‘‘(b) REPORT.—The Center shall submit an annual report to Congress.
Enormous unjust, irreparable injury to suspected victims and suspected perpetrators can occur in a year and following cursory annual review.
“In 2017, federal lawmakers set out to address the issue of child sexual abuse in youth sports, generally, not limited to gymnastics. Attempting to address the risk of child sexual abuse at the federal level has both an upside and a downside, in terms of who is impacted by the new law.”….”It is unclear from Safe Sport Act whether Amateur Youth Sports Organizations sanctioned by a NGB (National Governing Body) are subject to ‘regular and random audits’ to ensure compliance.”
“Though all categories of youth sport organizations are required to establish reasonable procedures to protect young athletes, the legislation on this point is weak.”
The Safe Sport Act (SSA) and Center for Safe Sport (CSS) do not appear to have had consultations with professionals certified in Child Abuse Prevention and Treatment Act. The information within the law does not reflect the Child Abuse certification training information like this scientific investigator, advocate received, although some of the others claimed to be ‘Experts’.
Perseverance (Persistence) vs. Perseveration (patient or individual repetition of a particular response from multiple different stimuli [Dorland’s Medical Dictionary]) “The definition of insanity is doing the same thing over and over and expecting different results.” [unknown] ……”the dumbest thing a smart person ever said or did.” [The Definition of Insanity is…Perseverance vs. Perseveration, by Ryan Howes, PhD, ABPP, Jul 27, 2009, Psychology Today]
Another Center For Safe Sport (CSS) concern IMHSMC.A.R.E.O, in excellent newspaper article revealed a potentially prejudiced rush to justice: [“Kentucky Coach among first banned from track events for alleged sexual misconduct,” by Linda Blackford Apr 20,2018 Lexington Herald Leader]
“A private pole vaulting coach based in Lexington, KY who has worked with high school and college students in at least two states has been banned from official USA Track and Field events for alleged sexual misconduct.” His ban was ordered during the ‘old SafeSport regime’ prior to the newly legalized SSA and SSC Law Feb 2018.
“The ruling on this coach, is one of the first made by the U.S. Center for SafeSport, created by the U.S. Olympics Committee in 2016 in the wake of several scandals, including sexual abuse by national gymnastics doctor who was recently convicted of sexual assaulting his patients.”
The article describes this suspect Coach’s continuing problem, not yet resolved in 2018. The delayed resolution of his problem is the focus of this ;scienific invetigator’s response. The banned Coach’s Lexington attorney, said “the ‘dispute’ with SafeSport is ongoing and has not reached final resolution.” Please read the complete article: http://www.kentucky.com/news/state/article209431034.html#emlnl=Afternoon_Newsletter
Advocates want convicted perpetrators banned, but don’t want the innocent banned from Coaching without a guilty verdict. Temporary suspension prior to trial is reasonable. Banned from coaching for 2 years before resolution is not reasonable. Fair, expeditious justice for All is essential in a Safe Sport Law. Denial of effective, definitive justice is a menace to society. [Frederick Douglas] Lengthy unresolved judiciary, while in the meantime demeaning, punishing and banning the suspect from prospective employment is a travesty and not fair-minded and impartial to either the suspected victim or the suspected accused. Both require definitive actions.
Proper Reporting, Interventions, Investigations and Prosecutions, and Due Process and appropriate Acquittals for suspected Child Athlete Abuse Syndrome’ (CAAS) i.e. Child Athlete Physical, Psychological (Emotional), Sexual Abuse and Civil Rights Violations, usually require the time-honored method, the Multidisciplinary Team (MDT) approach, advocated by the U.S. Justice Department.
Federal Center for Safe Sport “Kingdoms”, with different “oppressive and unwise” prejudices different from Sports “Kingdoms” that initiated these actions in the first place, do not justify overriding excellent, well funded current Sovereign State Enumerated Child Abuse Laws defined and guided by existing Federal laws, CAPTA 2010.
From the Hill: "The safe sport act lacks two essential ingredients – funding and accountability. It’s effectively an unfunded mandate, where Congress passed it without dedicating the necessary resources to ensure its success. And it provides no enforceable requirement for youth sports organizers to be trained on how to spot the warning signs of child sexual abuse.
"Most troubling is the fact that the safe sport act establishes zero consequences for adults in youth sports who do not uphold the law and fail to report suspected child predators to the authorities. And that raises a central question: Why wasn’t more done to ensure this law would successfully reduce child sexual abuse in U.S. sports in the wake of the USAG calamity?
"The safe sport act is a well-intentioned effort that sadly won’t do anything to stop the failures that occurred at USAG. Funding must be available to give youth sports organizations the proper coaching and education they need, so that they may serve as a first line of defense on this issue for the children in their care. Those who serve as mentors for children in youth sports must be compelled to report anything they may see or hear, as the safe sport act commands, or face penalties for staying quiet. And it must be part of a national standard for mandatory reporting, where those in any profession who fail to step forward and do the right thing to protect defenseless children from child sexual abuse face serious consequences for their inaction.
[The safe sport act won’t prevent child sex abuse in youth sports, by Lyndon Haviland, 11/14/18, the Hill]
As it stand in July 2019 the USAG continues its calamity. " Hirshland, who took over the USOC’s top post last August, says that as she visits with lawmakers, she isn’t merely asking for money. She wants to make sure lawmakers appreciate the full breadth of the Safe Sport Authorization Act, which was passed by Congress and signed into law by President Trump last year in the wake of the sexual abuse scandal that rocked USA Gymnastics.
“The conversations that I’ve been having are not just, by the way we need money,” she said following Wednesday’s panel discussion. “The natural reaction to some of that is ‘Why are we paying for your problem?’ The answer is ‘Actually, let’s have a conversation about the scope of the mandate that you put in place.’
“If in fact the expectation is that our organization — which is A) an unfunded mandate and B) a relatively small organization — has a mandate for the investigation, response, resolution and adjudication for sexual abuse allegations across a population of 20 million young athletes in every club and rink, this is an unsustainable promise. It’s almost like a little bit of a broken reality that we’ve got to reconcile.”
"Wednesday’s event was focused on the future of the Olympic movement in the United States. Sexual abuse allegations have surfaced across multiple national governing bodies in recent years and shaken up the leadership at the USOC.
“We, the Olympic community, collectively have failed our athletes,” Hirshland said. “It’s a terrible, terrible situation. It goes beyond gymnastics and, quite frankly, goes beyond sports." [ Olympic sexual abuse prevention center needs federal funding help, USOC chief says, by Rick Maese. May 23, 2019, Wash Post]
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