USA Swimming Code of Conduct
It is that time of year when we remind our parents, coaches and swimmers of the USA Swimming Code of Conduxt and Team Rules....We have posted this recent version of the Code of Conduct and ask you to review it.
Thank You
Dia C Rianda
90 2012 Rules & Regulations
ARTICLE 304
CODE OF CONDUCT
304.1 The mission of USA Swimming is to encourage participation and the pursuit of excellence
in all aspects of swimming. USA Swimming grants the privilege of membership to individuals and
organizations committed to that mission. The privilege of membership may, therefore, be withdrawn or denied by USA Swimming at any time where USA Swimming determines that a member
or prospective member's conduct is inconsistent with the mission of the organization or the best
interest of the sport and those who participate in it.
In order to assist all members to better serve the interests of those who participate in swimming,
USA Swimming has adopted this Code of Conduct.
304.2 Any member or prospective member of USA Swimming may be denied membership, censured, placed on probation, suspended for a definite or indefinite period of time with or without
terms of probation, fined or expelled from USA Swimming if such member violates the provisions
of the USA Swimming Code of Conduct, set forth in 304.3, or aids, abets or encourages another
person to violate any of the provisions of the USA Swimming Code of Conduct.
304.3 The following shall be considered violations of the USA Swimming Code of Conduct:
.1 Violation of the right to compete provisions set forth in 301.1 through 301.4.
.2 Violation of the anti-doping provisions set forth in 303.3.
.3 Discrimination in violation of any part of the USA Swimming Rules and Regulations or the
Amateur Sports Act which requires that USA Swimming must provide: "an equal opportunity
to amateur athletes; coaches, trainers, managers, administrators, and officials to participate
in amateur athletic competition, without discrimination on the basis of race, color, religion,
age, gender, or national origin."
.4 Violation of any of the Athlete Protection Policies set forth in Article 305
.5 Violation of any of the Sexual Misconduct Reporting Requirements set forth in Article 306.
.6 Conviction of, imposition of a deferred sentence for, or any plea of guilty or no contest at any
time, past or present, or the existence of any pending charges, for (i) any felony, (ii) any
offense involving use, possession, distribution or intent to distribute illegal drugs or substances, (iii) any crime involving sexual misconduct, or (iv) any criminal offense against a
minor.
.7 Bullying is prohibited. For these purposes, the term “bullying” shall mean, regardless of
when or where it may occur, the severe or repeated use by one or more USA Swimming
members (“Members”) of an oral, written, electronic or other technological expression,
image, sound, data or intelligence of any nature (regardless of the method of transmission),
or a physical act or gesture, or any combination thereof, directed at any other Member that
to a reasonably objective person has the effect of: (i) causing physical or emotional harm to
the other Member or damage to the other Member’s property; (ii) placing the other Member
in reasonable fear of harm to himself/herself or of damage to his/her property; (iii) creating a
hostile environment for the other Member at any USA Swimming activity; (iv) infringing on
the rights of the other Member at any USA Swimming activity; or (v) materially and substantially disrupting the training process or the orderly operation of any USA Swimming activity
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(which for the purposes of this section shall include, without limitation, practices, workouts
and other events of a member club or LSC).
.8 Any inappropriate sexual conduct or advance, or other oral, written, visual, or physical conduct of a sexual nature directed towards an athlete by (i) a coach member or other non-athlete member, or (ii) any other adult participating in any capacity whatsoever in the activities
of USA Swimming (whether such adult is a member or not). Any act of sexual harassment,
including without limitation unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature in connection with or incidental to a USA
Swimming-related activity by any person participating in the affairs or activities of USA
Swimming (whether such person is a member or not) directed toward any member or other
person participating in the affairs or activities of USA Swimming.
.9 The sale or distribution of illegal drugs or the illegal sale or distribution of any substance
listed on FINA's recognized list of banned substances.
.10 The use of illegal drugs in the presence of an athlete, by a coach, official, trainer, or a person who, in the context of swimming, is in a position of authority over, that athlete.
.11 The providing of alcohol to an athlete by a coach, official, trainer, manager or any other person where the athlete is under the legal age allowed to consume or purchase alcohol in the
state where the alcohol is provided.
.12 The abuse of alcohol in the presence of an athlete under the age of 18, by a coach, official,
trainer, or a person who, in the context of swimming, is in a position of authority over that
athlete.
.13 Physical abuse of an athlete by any person who, in the context of swimming, is in a position
of authority over that athlete.
.14 Any act of fraud, deception or dishonesty in connection with any USA Swimming-related
activity.
.15 Any non-consensual physical contact, obscene language or gesture, or other threatening
language or conduct directed towards any meet official and which is related to any decision
made by such official in connection with a USA Swimming sanctioned competition.
.16 Action, other than through general advertising, by a coach, owner, officer, volunteer, representative, or employee of a swim club, or a USA Swimming or LSC employee, either through
direct contact with an athlete or the encouragement of others, to recruit or otherwise encourage an athlete who is already a member of a USA Swimming member swim club to leave
that club, unless the acting party receives prior written approval to recruit or encourage the
athlete to change affiliation from the designated club representative of the athlete's existing
USA Swimming-member swim club or contact is initiated by the athlete, the athlete's parent
or authorized representative. General advertising includes any information that is:
A Distributed to an identifiable general population where there is a reasonable expectation
that the majority of that population are not current members of USA Swimming, or
B Placed in or on any item that is sold.
In the event of a violation of this section, a sanction may be imposed against any coach,
owner, officer, volunteer, representative or employee of a swim club, or against any such
club, or any combination thereof, as appropriate.
304.3
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304.3
.17 Violation of any team misconduct rule as established by the USOC, USA Swimming, any
Zone or LSC team authority.
.18 Any other material and intentional act, conduct or omission not provided for above, which is
detrimental to the image or reputation of USA Swimming, a LSC or the sport of swimming.
ARTICLE 305
ATHLETE PROTECTION POLICIES
The following policies related to Athlete Protection are mandatory components of the USA Swimming Code of Conduct:
305.1 Inappropriate touching between an athlete and an adult non-athlete member or Participating Non-Member (as defined in 401.1) is prohibited, including, but not limited to, excessive touching, hugging, kissing, sexually oriented behavior, sexually stimulating or otherwise inappropriate
games, and having an athlete sit on a non-family member adult’s lap.
305.2 Any rubdown or massage performed on an athlete by any adult member or Participating
Non-Member, excluding the spouse, parent, guardian, sibling, or personal assistant of such athlete, is prohibited unless such adult is a licensed massage therapist or other certified professional. Any rubdown or massage performed at a swim venue by a licensed professional must be
conducted in open/public locations and must never be done with only the athlete and licensed
massage therapist in the room. Even if a coach is a licensed massage therapist, the coach shall
not perform a rubdown or massage of an athlete under any circumstances.
305.3 Use of audio or visual recording devices, including a cell phone camera, is not allowed in
changing areas, rest rooms or locker rooms.
305.4 Employees and volunteers of USA Swimming, LSCs and member clubs who interact
directly and frequently with athletes as a regular part of their duties and individuals with any ownership interest in a member club must be non-athlete members of USA Swimming and satisfactorily complete criminal background checks as required by USA Swimming. This does not apply to
volunteers such as timers, marshals, computer operators, etc. who only have limited contact with
athletes during a meet.
305.5 Travel
.1 Regardless of gender, a coach shall not share a hotel room or other sleeping arrangement
with an athlete unless the coach is the parent, guardian, sibling, or spouse of that particular
athlete.
.2 Team managers and chaperones must be members of USA Swimming and have successfully
passed a USA Swimming-required criminal background check.
.3 When only one athlete and one coach travel to a competition, the athlete must have his/her
parent's (or legal guardian’s) written permission in advance to travel alone with the coach.
.4 Clubs and LSCs shall develop their own travel policies. USA Swimming will provide a model
club travel policy as an example. Club travel policies must be signed and agreed to by all
athletes, parents, coaches and other adults traveling with the club.2012 Rules & Regulations 93
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306.1
ARTICLE 306
SEXUAL MISCONDUCT REPORTING REQUIREMENTS
306.1 It is every member’s responsibility to promptly report any incident regarding sexual
misconduct by a member as described in Article 304.3.8 to USA Swimming’s Athlete Protection
Officer. Reporting must occur when an individual has firsthand knowledge of misconduct or
where specific and credible information has been received from a victim or knowledgeable third
party. Various state laws may also require reporting to law enforcement or to a designated child
protection agency.
306.2 No member shall retaliate against any individual who has made a good faith report under
306.1.
306.3 Filing a knowingly false allegation of sexual misconduct is prohibited and may violate state
criminal law and civil defamation laws. Any person making a knowingly false allegation of sexual
misconduct shall be subject to disciplinary action by USA Swimming.
306.4 Neither civil nor criminal statutes of limitation apply to reports of cases of sexual abuse.
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