THE CODE | Page 10

PROHIBITED CONDUCT
ARTICLE 2 :

PROHIBITED CONDUCT

This Article 2 sets forth expectations for Members related to emotional , physical and Sexual Misconduct in All Star Cheerleading and Dance , including , but not limited to , Bullying , hazing and Harassment .
The privilege of Membership in the USASF and / or participation in a USASF Function may be subject to Temporary Measures , Sanctions and / or Revocation of Membership , if a Member ’ s conduct is or was inconsistent with this Code or the best interest of All Star Cheerleading and Dance and those who participate in it . It is a violation of the Code for a Member or Member Club to engage in or tolerate : ( 1 ) Prohibited Conduct , as outlined in the Code ; ( 2 ) any conduct that would violate any standards promulgated by the USASF or the Member Club that are analogous to Prohibited Conduct and that existed at the time of the alleged conduct ; or ( 3 ) any conduct that would violate social norms analogous to Prohibited Conduct that existed at the time of the alleged conduct , including all applicable criminal or civil laws . 1
SECTION 2.1 : What Is Prohibited Conduct ?
Prohibited Conduct includes , but is not limited to :
A .
Criminal Charges or Dispositions ;
B .
Child Abuse ;
C .
Sexual Misconduct ;
D .
Emotional and Physical Misconduct , including Stalking , Bullying , Hazing and Harassment ;
E .
Aiding and Abetting ;
F .
Misconduct Related to Reporting ;
G .
Misconduct Related to the USASF ’ s Process ;
H .
Other Inappropriate Conduct ; and
I .
Violation of Minor Athlete Abuse Prevention Policies / Proactive Policies .
SECTION 2.2 : Criminal Charge or Disposition
Criminal conduct is relevant to an individual ’ s fitness to participate in All Star Cheerleading and Dance . The age of a criminal charge or disposition is not relevant to whether a violation of The Code occurred but may be considered for Sanctioning purposes . The USASF reviews criminal charges or dispositions involving Sexual Misconduct or Child Abuse and any prior consideration or finding by a Member Club , regarding a criminal disposition involving Sexual Misconduct or Child Abuse is not relevant to the USASF ’ s determination . A .
It is a violation of The Code for a Member to have a criminal charge or disposition listed below . All Members , except for Minor
Athletes , are required to report to the USASF any Criminal Charge ( s ) and / or Disposition ( s ) including but not limited to :
1 .
Any felony ;
2 .
All sexual crimes , criminal offenses of a sexual nature to include but not limited to : rape ; child molestation ; sexual battery ; lewd
conduct ; possession and / or distribution of child pornography ; possession and / or distribution of obscene material ; prostitution ;
indecent exposure ; public indecency ; and / or any sex offender registrant ;
3 .
Harm to a Minor , including but not limited to : offenses such as child abandonment , child endangerment / neglect / abuse ,
contributing to the delinquency of a Minor and DUI with a Minor ;
4 .
Violence against a person , force or threat of force ( including crimes involving deadly weapons and domestic violence );
5 .
Stalking , harassment , blackmail , violation of a protection order and / or threats ;
6 .
Destruction of property , including arson , vandalism and criminal mischief ;
7 .
Animal abuse , cruelty and / or neglect ; and / or
8 .
Criminal offenses including “ Attempted Crimes ” in the above classifications .
B . Criminal Disposition : 1 . It is a violation of The Code for a Member to be or have been subject to any disposition or resolution of a criminal proceeding for the items mentioned in SECTION 2.2 ( a )( 1 ) - ( 8 ), including , but not limited to : an adjudication of guilt or admission to a criminal violation , a plea to the charge or a lesser included offense , a plea of no contest , any plea analogous to an Alford or Kennedy plea , the disposition of the proceeding through a diversionary Club , deferred adjudication , deferred prosecution , disposition of supervision , conditional dismissal , juvenile delinquency adjudication or similar arrangement .
2 . Notwithstanding the provisions of SECTION 2.2 . a . 1 hereinabove , it is not a violation of The Code for a Member to be or have been subject to a resolution of a criminal proceeding that results in a not-guilty finding .
1 The focus of this provision is on community standards in place at the time of the alleged conduct . The question is : Would a reasonable person at the time of the alleged conduct occurred have had notice that the alleged conduct would have violated community standards and norms as those standards were generally expressed in then applicable criminal or civil statutes or other applicable community standards ? The USASF need not establish every element of a crime , nor must it apply any evidentiary standards or burdens of proof other than those provided in this Code .
10 USASF CODE OF CONDUCT & COMPLIANCE | 2022-23 MEMBERSHIP SEASON