THE CODE | Page 33

SECTION 2.3 : Temporary Measures
A .
Temporary Measures are intended to :
1 .
Ensure the safety and well-being of the All Star community ;
2 .
Prevent conduct or participation detrimental to the sport ;
3 .
Prevent escalation of a reported policy or Code violation ; and
4 .
Restrict or monitor the participation of a Respondent .
B .
When imposing a Temporary Measure , USASF evaluates the appropriateness of a measure based on :
1 .
The allegations , facts and circumstances of the case provided ;
2 .
The need to maintain the safety or well-being of members or the community ; and
3 .
Whether the allegations against Respondent are sufficiently serious to warrant imposition of a Temporary Measure during
further review of the allegations .
C .
USASF may impose Temporary Measures at any time after a report of violations of USASF policies or Code is received by USASF .
1 .
A Temporary Measure shall be effective immediately upon notice to Respondent , unless stated otherwise .
2 .
Temporary Measures will remain in effect until expressly removed by USASF .
D .
USASF will notify the Member Club of any Temporary Measure imposed on any Member associated with that Member Club .
1 .
The Member Club is responsible for enforcing the Temporary Measure and notifying the Club ’ s Adult Participants and / or
parent ( s )/ guardian ( s ) of Minor Athletes , as necessary .
a .
The Member Club may impose any additional measures it deems necessary .
b .
USASF may notify Members of the Temporary Measure if it has reason to believe a Member Club has failed to enforce or
provide notice of the Temporary Measure .
c .
USASF reserves the right to notify additional individuals on a need-to-know-basis , as determined by USASF , to ensure
Athlete safety .
SECTION 2.4 : Substantive Standards and Procedural Rights
USASF may apply any substantive standards effective at the time of the alleged conduct , including applicable policies or laws . Nevertheless , in all cases , USASF will investigate and resolve matters using the procedures and processes described herein , regardless of when the alleged conduct occurred .
SECTION 2.5 : Standard of Proof
A . USASF bears the burden of gathering sufficient evidence to reach a determination , based on the preponderance of the evidence , in
USASF ’ s sole discretion , that a Member violated the Conduct Regulations . B . A “ preponderance of the evidence ” in this SECTION means “ more likely than not .”
SECTION 2.6 : Statute of Limitations or Other Time Bars
There are no statute of limitations or other time bars of any kind on Conduct Regulations violations .
SECTION 2.7 : Related Proceedings
A . Effect of Related Criminal or Civil Proceedings
1 . Because the standards for finding a violation of criminal law are different from the standards for finding a violation of the Conduct Regulations , the resolution of a criminal proceeding without a conviction is not determinative of ( but may be relevant to ) whether a violation of the Conduct Regulations has occurred . a . Conduct may violate the Conduct Regulations even if the Respondent is not charged , prosecuted or convicted for the same underlying conduct . b . Aside from the application of the Conduct Regulations as it relates to criminal charge ( s ) and disposition ( s ), the status or outcome of criminal or civil proceedings shall have no bearing on the USASF ’ s Process . B . No Waiver of Other Legal Remedies
1 . Participating in the Process does not extend or restrict a person ’ s right to file charges or claims regarding the underlying allegations with any agency , law enforcement or court .
USASF CODE OF CONDUCT & COMPLIANCE | 2022-23 MEMBERSHIP SEASON 33