SECTION 2.8 : Misconduct Related to Reporting and Process
A . Failure to Report : A Member who fails to report actual or suspected Sexual Misconduct or Child Abuse to the USASF and , when appropriate , to law enforcement may be subject to disciplinary action and may also be subject to federal or state penalties . 1 . The obligation to report is broader than reporting a pending charge or criminal arrest of an Adult Participant ; it requires reporting to the USASF any conduct which , if true , would constitute Sexual Misconduct or Child Abuse . The obligation to report to the USASF is an ongoing one and is not satisfied simply by making an initial report .
2 . The obligation includes reporting , on a timely basis , all information of which a Member knows or becomes aware of later , including the names of witnesses , third-party reporters , Respondents and Claimants .
3 . Members should not investigate or attempt to evaluate the credibility or validity of allegations involving Sexual Misconduct involving a Minor or Child Abuse . Members making a good faith report are not required to prove the reports are true before reporting .
B . Intentionally Filing a False Allegation
1 . In addition to constituting misconduct , filing a knowingly false allegation that a Member engaged in Prohibited Conduct may violate state criminal law and civil defamation laws . Any Member making a knowingly false allegation in a matter over which the USASF exercises Jurisdiction shall be subject to disciplinary action by the USASF . 2 . An allegation is false if the events reported did not occur and the person making the report knows the events did not occur . 3 . A false allegation is different from an unsubstantiated allegation ; an unsubstantiated allegation means there is insufficient supporting evidence to determine whether an allegation is true or false . Absent demonstrable misconduct , an unsubstantiated allegation alone is not grounds for a Code violation .
C . Misconduct Related to the USASF ’ s Process 1 . The behaviors identified below constitute Prohibited Conduct and may give rise to a disciplinary action . In addition , a Member also violates The Code if someone acts on the Member ’ s behalf and engages in any of the following Prohibited Conduct , including a Member ’ s parent / guardian or family member of a Minor : a . Abuse of Process : A Member or someone acting on behalf of a Member , violates this Code by directly or indirectly abusing or interfering with the USASF ’ s processes by : i . Falsifying , distorting or misrepresenting information , the resolution process or an outcome ; ii . Destroying or concealing information ; iii . Discouraging or attempting to discourage an individual ’ s proper participation in or use of , the USASF ’ s processes ; iv . Harassing or intimidating ( verbally or physically ) any person involved in the USASF ’ s processes before , during or following proceedings ; v . Publicly disclosing a Claimant ’ s identifying information ; vi . Failing to comply with a Temporary Measure or other Sanction ; vii . Distributing or otherwise publicizing materials or information created , produced or provided during any course of action as a part of these policies or procedures , except as required by law or as expressly permitted by the USASF ; or viii . Influencing or attempting to influence another person to commit abuse of process .
D . In such a case of engaging in any of the above-referenced Prohibited Conduct , the Member and the party acting of the Member ’ s behalf , if such person is also a Member , may be Sanctioned .
SECTION 2.9 : Retaliation
Retaliation against anyone for participating in the USASF ’ s processes is prohibited . Retaliation may be present even where there is a finding that no violation occurred . Retaliation does not include good-faith actions lawfully pursued in response to a report of a Code violation .
SECTION 2.10 : Other Inappropriate Conduct
A . Intimate Relationship : An Adult Member violates this Code by engaging in an Intimate or Romantic Relationship where a Power Imbalance exists .
B . Exposing a Minor to Sexual Content / Imagery : An Adult Member violates this Code by intentionally exposing a Minor to content or imagery of a sexual nature , including but not limited to , pornography , sexual comment ( s ), sexual gestures or sexual situation ( s ). 1 . This provision includes the possibility that similar behavior between adults could constitute Sexual Harassment , as defined in The
Code . C . Intentional Exposure of Private Areas : An Adult Member violates this Code by intentionally exposing breasts , buttocks , groin or genitals or induces another to do so , to an Adult when there is a Power Imbalance or to a Minor .
D . Inappropriate Physical Contact : An Adult Member violates this Code by engaging in inappropriate physical contact with a Member when there is a Power Imbalance . Such inappropriate contact includes , but is not limited to , intentionally : 1 . Touching , slapping or otherwise contacting the buttocks or genitals of a Member ; 2 . Excessively touching or hugging a Member ; and / or 3 . Kissing a Member . E . Engaging in illegal alcohol or drug use . F . Willful Tolerance : A Member violates this Code by willfully tolerating any form of Prohibited Conduct , when there is a Power Imbalance between that Member and the individual ( s ) who are being subjected to the Prohibited Conduct .
14 USASF CODE OF CONDUCT & COMPLIANCE | 2022-23 MEMBERSHIP SEASON