HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.crs/govemje0001 and id is 1 raw text is:
U.S. Center for SafeSport: A Primer
August 2, 2023
The U.S. Center for SafeSport is the primary amateur
athletics organization in the United States with
responsibility for preventing and responding to sexual and
other abuse. Between its creation in 2017 and December
2022, the Center received over 16,000 reports of potential
abuse and issued disciplinary reports on nearly 2,000
adults, most of whom are no longer eligible to work or
volunteer with covered sports organizations due to their
misconduct.
While the SafeSport model has been praised and the
Center has developed an infrastructure to address abuse,
some stakeholders have called its effectiveness into
question.
This Insight provides background on Congress's role in
the development of the Center, an overview of rules
pertaining to the Center, and discussion of concerns about
the Center's effectiveness.
Cand Devropmenr of the
The Center was established by amateur athletics
stakeholders in March 2017 to address abuse against
amateur athletes through prevention, education, and
accountability. The Center's creation followed several
high-profile investigations of sexual abuse of minor
athletes by adults affiliated with the national governing
boards (NGBs) for several sports.
Perhaps the most well-known of these cases involved
former USA Gymnastics physician Larry Nassar, who
sexually abused athletes for decades and is currently
serving a 60-year sentence in federal prison.
At the time of the Center's creation, Congress was also
considering legislation to address these issues. Initial
proposals focused on the United States Olympic and
Paralympic Committee (USOPC) and NGBs to help ensure
that they appropriately respond to abuse allegations.
Ultimately, in early 2018, Congress passed the Protecting
Young Victims from Sexual Abuse and Safe Sport
Authorization Act (P.L. 115-126), which instead assigned
most of those duties to the Center. These provisions are
codified at Title 36, Sections 220541-220543, of the U.S.
Code.
After this initial congressional action, abuse investigations
continued and more information came to light about the
problem across amateur athletics. This led Congress to
enact the Empowering Olympic, Paralympic, and Amateur
Athletes Act (P.L. 116-189) in 2020. This act made broader
changes to the Ted Stevens Amateur Sports Act, which
governs the USOPC, and included specific provisions to
increase the independence of the Center from USOPC and
to facilitate congressional oversight.
Complaint Review Process
Section XI of the SafeSport Code includes standards for the
management and disposition of complaints. When the Center
receives or accepts a complaint that falls within its jurisdiction, it
notifies the USOPC or relevant NGB and makes a preliminary
inquiry to determine whether to conduct a full investigation.
During an investigation by the Center, both the claimant (who
has alleged wrongdoing) and the respondent (who is under
investigation) are allowed to submit relevant evidence and
identify potential witnesses. Neither party is required to
cooperate with or participate in this process. Parties may have
the assistance of an advisor, who may be an attorney.
Respondents have certain procedural rights, including a right to
written notice, to be represented by counsel, and to be heard
during the investigation.
Decisions of the Center are based on a preponderance-of-the-
evidence standard of proof. The findings of each investigation are
included in a confidential report that is provided to the claimant
and respondent along with the Center's decision on whether a
violation has occurred and what, if any, sanctions are being
imposed.
After a decision is issued, the respondent has a right to a review
hearing before an arbitrator.
The SafeSport Code is available at https://uscenterforsafesport.org/
response-and-resolution/safesport-code/.
Authorities an d Operations of the
Center
The Center is independent from the USOPC and other
organizations and exercise[s] jurisdiction over the
[USOPC] and each [NGB] with regard to safeguarding
amateur athletes against abuse, including emotional,
physical, and sexual abuse, in sports (36 U.S.C.
§220541(a)(1)(B)). The Center is required to allow for the
reporting, investigation, and resolution of sexual abuse
allegations (36 U.S.C. §220541(a)(1)(D)). Those policies
and procedures are provided in the SafeSport Code for the
U.S. Olympic and Paralympic Movement, published by the
Center.
The Center is also specifically required to immediately
report allegations of child abuse to law enforcement and to
require NGBs to do the same (36 U.S.C. §220542(a)(2)).
In addition to investigating and reporting abuse, the Center
is also required to maintain an office of education and
outreach, provide training on SafeSport practices, and](ViewImageLocal?handle=hein.crs/govemje0001&div=1&collection=&method=preview&ext=.png&size=3)