THE CODE | Page 37

REVIEW PROCESS
SECTION 1.2 : Criminal History and Criterion Offenses
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 Membership 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 .
To be considered for Membership , an applicant will be subject to additional review if the applicant has any Criminal Charge or Disposition including but not limited to : 2 . Any felony ; 3 . 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 ;
4 . 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 ; 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 . To be considered for Membership , an applicant will be subject to additional review if the applicant is or has been subject to any disposition or resolution of a criminal proceeding for the items mentioned in Section 1.1 ( 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 1.1 ( A )( 1 ) herein , an applicant who was subject to a criminal proceeding with a resolution that results in a not-guilty finding will not be subject to additional review .
C . Criminal Charge : 1 . It is a violation of the Code for a Member to have any pending / new criminal charge ( s ) or warrant ( s ) for arrest for the items mentioned in Section 2.2 ( A )( 1 ) - ( 8 ) during the Membership term . 2 . When assessing whether conduct constitutes a criminal charge or disposition , the USASF may assess and rely upon the original charges , amended charges and / or those to which a plea was entered . 3 . If the USASF learns of any other crimes other than those listed in Section 2.2 ( A )( 1 ) - ( 8 ), USASF reserves the right to consider those crimes as well as the totality of the circumstances in all cases for the fitness of Membership .
ARTICLE 2 :

REVIEW PROCESS

SECTION 2.1 : Initiating the Procedure
Should an applicant or Member fail to respond to the USASF within 60 days of any request for information , the appeal will be denied and the applicant or Member will be denied Membership . If an applicant or Member follows the instructions by which to request a waiver and apply to appeal any Membership determination , USASF may require additional documentation from the Member or applicant with a Flagged Screening before an admission decision may be made . For example , the information USASF may request includes , but is not limited to : A . Date of the misconduct , offense or alleged offense / misconduct ; B . Nature of the misconduct , offense or alleged offense / misconduct ( felony , misdemeanor , etc .); C . Previous offenses / misconduct ; D . History of incarceration ; E . F .
Current status of parole , probation and / or release of the applicant or Member ; and / or Information as to the applicant or Member ’ s activities since the date of the last conviction , in particular the applicant or Member ’ s rehabilitation and / or treatment efforts . The information will be collected and forwarded to a USASF committee ( the “ Committee ”) for decision on admission , as well as any Membership restrictions .
USASF CODE OF CONDUCT & COMPLIANCE | 2022-23 MEMBERSHIP SEASON 37