DAYS : Unless expressly provided otherwise , the term “ days ” shall mean business days , which excludes weekends and national holidays .
DUAL RELATIONSHIPS : An exception applicable to certain policies when an Adult Participant has a dual role or relationship with a Minor Athlete and the Minor Athlete ’ s parent / guardian has provided written consent during the current Member term authorizing the exception .
EVENT PRODUCER : Any United States based company or organization who is a USASF Member that hosts one or more competitive events in the United States and have All Star Cheer and / or Dance Divisions .
EVENT : Any competitive event in the United States that is sponsored , sanctioned , affiliated or produced by a USASF Member that contains one or more competitive events and has an All Star Cheer and / or Dance Division ( s ).
FORCE includes the use of physical violence , threats , intimidation and coercion . A . PHYSICAL VIOLENCE means that a person is exerting control over another person using physical force . Examples of physical violence include hitting , punching , slapping , kicking , restraining , strangling and brandishing or using any weapon .
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THREATS are words or actions that would compel a reasonable person to engage in unwanted sexual activity . Examples include threats to harm a person physically , to reveal private information to harm a person ’ s reputation or to deny a person ’ s ability to participate in sports .
INTIMIDATION is an implied threat that menaces or causes reasonable fear in another person . A person ’ s size , alone , does not constitute intimidation ; however , a person ’ s size may be used in a way that constitutes intimidation ( e . g ., blocking access to an exit ).
COERCION is the use of an unreasonable amount of pressure to gain intimate or sexual access . Coercion is more than an effort to persuade , entice or attract another person to engage in sexual activity . When a person makes clear their decision not to participate in a form of Sexual Contact or Sexual Intercourse , their decision to stop or their decision not to go beyond a certain sexual interaction , continued pressure can be coercive . Whether conduct is coercive may depend on : ( i ) the frequency of the application of the pressure , ( ii ) the intensity of the pressure , ( iii ) the degree of isolation of the person being pressured and ( iv ) the duration of the pressure .
FUNCTION : All travel , lodging , practice , competition , exhibitions and / or any other All Star related activity or Event .
GROOMING : The process whereby a person engages in a series or pattern of behaviors with a goal of engaging in Sexual Misconduct . Grooming is initiated when a person seeks out a vulnerable Minor . Once selected , offenders will then earn the Minor ’ s trust and potentially the trust of the Minor ’ s family . After the offender has engaged the Minor in sexually inappropriate behavior , the offender seeks to maintain control over him / her . Grooming occurs through direct , in-person or online contact .
HARASSMENT : Repeated or severe conduct that : ( a ) causes fear , humiliation or annoyance ; ( b ) offends or degrades ; ( c ) creates a Hostile Environment ( as defined herein ); ( d ) reflects discriminatory bias in an attempt to establish dominance , superiority or power over an individual or group based on age , race , ethnicity , culture , religion , national origin or mental or physical disability ; or ( e ) any act or conduct described as harassment under federal or state law .
HOSTILE ENVIRONMENT : Exists when , from a subjective and objective perspective , conduct is sufficiently severe , persistent or pervasive such that it interferes with , limits or deprives any individual of the opportunity to participate in any Club , activity , Function and / or Event .
INCAPACITATION : Incapacitation means that a person lacks the ability to make informed , reasonable judgments about whether to engage in sexual activity . A person who is incapacitated is unable , whether temporarily or permanently , to give Consent because of mental or physical helplessness , sleep , unconsciousness or lack of awareness that sexual activity is taking place . A person may be incapacitated because of consuming alcohol or other drugs or due to a temporary or permanent physical or mental health condition .
Incapacitation is a state beyond drunkenness or intoxication . A person is not necessarily incapacitated merely because of drinking or using drugs . The impact of alcohol and other drugs from person to person and is evaluated under the specific circumstances of a matter .
A Respondent ’ s being impaired by alcohol or other drugs is not a defense to any violation of The Code .
The Consent construct can also be applied to other forms of non-sexual conduct , such as hazing or other forms of Physical or Emotional misconduct . It is a violation of The Code for a Member to engage in Sexual Contact or Sexual Intercourse without Consent .
6 USASF CODE OF CONDUCT & COMPLIANCE | 2022-23 MEMBERSHIP SEASON