Sport Protection Handbook

December 2020

Wintergreen Adaptive Sports

A Chapter of Move United/Disabled Sports USA

INTRODUCTION

Wintergreen Adaptive Sports (W.A.S.) has adopted the following Sport Protection policies as they relate specifically to W.A.S.-controlled activities and events, and facilities under its jurisdiction (to mean facilities owned and controlled by Wintergreen Adaptive Sports).

Engaging in sport should be an opportunity for all students to have fun and spend time with friends. Sport also encourages a healthy lifestyle, and builds self-confidence. Athletes often do better off the field than those who do not participate in sport. They learn goal-setting, teamwork and time management skills. Athletes are less likely to use cigarettes, drugs and alcohol; they have higher graduation rates and are more likely to attend college.

Unfortunately, sport can also be a high-risk environment for misconduct, including student/athlete physical and sexual abuse.

All forms of misconduct are intolerable and in direct conflict with the ideals of Wintergreen Adaptive Sports.  Misconduct may damage a student’s psychological well-being; students who have been mistreated experience social embarrassment, emotional turmoil, psychological scars, loss of self-esteem and negative impacts on family, friends and the sport. Misconduct often hurts a student’s performance and may cause him or her to drop out of sport entirely.

Wintergreen Adaptive Sports is committed to improving the development and safety of students and participants involved in the community we serve. This Handbook serves as a resource to guide our development, implementation and internal review of effective student safety and misconduct prevention strategies.

Move United (Disabled Sports USA) Relationship

Wintergreen Adaptive Sports is a chapter member of Move United (formerly known as Disabled Sports USA), and is required to have a written and publicly available Sport Protection Policy that meets the minimum standards of Move United.

The Wintergreen Adaptive Sports Sport Protection Policies shall govern individual’s responsibilities for this chapter and may include additional or different policies that relate to this specific organization, but such policies may be no less restrictive than those outlined by Move United, or as otherwise required by law.  Chapter members are solely responsible for their own compliance with the Protecting Young Victims from Sexual Abuse and Safe Sport Reauthorization Act of 2017 and other applicable state or federal law.

ACTIVITIES OUTSIDE Wintergreen Adaptive Sports

Many participants may find themselves to be involved with other various local and grassroots programs or organizations not under the authority or control of Wintergreen Adaptive Sports. The policies contained in this Handbook govern activities run directly by Wintergreen Adaptive Sports. Nonetheless, any misconduct by a Covered Individual or a Participant (as defined below), outside of the context of Wintergreen Adaptive Sports may also be grounds for penalties, including, but not limited to, prohibiting an individual from participating with any Wintergreen Adaptive Sports activities.

The policies contained in this Handbook apply to Participants and Covered Individuals (defined below), as described herein.

DEFINITIONS

A. Athlete/Student

An individual participating as an student in a Wintergreen Adaptive Sports event or program.  Misconduct by a Participant directed at an “athlete” or “student” outside of the context of Wintergreen Adaptive Sports programs may also be grounds for restriction from Wintergreen Adaptive Sports activities.

B. Child Abuse

The term “child abuse” has the meaning set forth in Section 203 of the Victims of Child Abuse Act of 1990 (34 U.S.C. § 20341) or any applicable state law.

C. Claimant

The person who is alleged to have experienced conduct that constitutes a Handbook violation.

D. Consent

Consent is (a) informed (knowing), (b) voluntary (freely given), (c) active (not passive). Consent must be demonstrated by clear words or actions, indicating that a person who is legally and functionally competent has indicated permission to engage in mutually agreed-upon sexual activity. Consent to any one form of sexual activity does not automatically imply Consent for any other forms of sexual activity. Previous relationships or prior Consent does not imply Consent to future sexual activity. Once given, Consent can be withdrawn through clear communication. Consent cannot be obtained: (a) by force, (b) by taking advantage of the Incapacitation of another, where the person initiating sexual activity knew or reasonably should have known that the other was Incapacitated, (c) from someone who lacks legal capacity, (d) where a Power Imbalance exists.

1. Force

Force includes (a) the use of physical violence, (b) threats, (c) intimidation, and (d) 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, choking, and brandishing or using any weapon.

b. 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 cause a person sporting harm.

c. 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).

d. Coercion is the use of an unreasonable amount of pressure to gain intimate and/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 depends 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.

2. Legal Capacity

Minors cannot consent to conduct of a sexual nature. While the legal age of consent varies under state and federal law, the legal age of capacity under this handbook is 18. A three-year close-in-age exception will be applied to any policy violation between an adult and a minor, or between two minors, where there is no power imbalance. When the assessment of a participant’s conduct depends upon another individual being below a certain specified age, ignorance of their actual age is no defense. Neither shall misrepresentation of age by such person nor a participant’s bona fide belief that such person is over the specified age be recognized as a legitimate defense.

3. Incapacitation

Incapacitation means that a person lacks the ability to make informed, rational judgments about whether to engage in sexual activity. A person who is incapacitated is unable, 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 varies 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 legitimate defense for any violation of this Policy. This standard can also be applied to other forms of non-sexual conduct, such as hazing or other forms of Physical and/or Emotional Misconduct.

F. Covered Individual

Covered Individuals are:

·       Wintergreen Adaptive Sports employees

·       Part-time or seasonal instructors, on the official Wintergreen Adaptive Sports roster, whether volunteer or paid

·       Any other volunteers who Wintergreen Adaptive Sports authorizes to have regular contact with students and/or minors

·       Members of the Wintergreen Adaptive Sports Board of Directors

·       Wintergreen Adaptive Sports (Standing and Ad Hoc) committee members

·       Any contractors, not included above, whom Wintergreen Adaptive Sports authorizes to have regular contact with students and/or minors

·       Any other individual authorized, approved, or appointed by Wintergreen Adaptive Sports to have regular contact with students and/or minors

G. Minor or Child

An individual who is, or is believed by the respondent to be, under the age of 18.

H. Participant

Any individual who is seeking to be, currently is, or was at the time of the alleged Handbook violation:

a. A member or license holder of Wintergreen Adaptive Sports;

b. An employee of Wintergreen Adaptive Sports;

c. Within the governance or disciplinary jurisdiction of Wintergreen Adaptive Sports;

d. Authorized, approved, or appointed by Wintergreen Adaptive Sportsto have regular contact with Minor students; and/or

e. A Covered Individual, not otherwise listed herein.

For the purpose of evaluating whether an individual is considered a participant per this provision, the phrase “currently is” includes the date on which the alleged misconduct was reported to Wintergreen Adaptive Sports, through resolution, and including the period(s) of any sanctions imposed.

I. Policy

“Policy” means the Sport Protection Policy within this Handbook.

J. Power Imbalance

A power imbalance may exist where, based on the totality of the circumstances, one person has supervisory, evaluative, or other authority over another. Whether there is a power imbalance depends on several factors, including but not limited to: the nature and extent of the supervisory, evaluative or other authority over the person; the actual relationship between the parties; the parties’ respective roles; the nature and duration of the relationship; the age of the parties involved; whether there is an aggressor; whether there is a significant disparity in age, size, strength, or mental capacity. Once an instructor-student relationship is established, a power imbalance is presumed to exist throughout the instructor-student relationship (regardless of age) and is presumed to continue for Minor Students after the instructor-student relationship terminates until the student reaches 20 years of age. A Power Imbalance may exist, but is not presumed, where an Intimate Relationship existed before the sport relationship (e.g., a relationship between two spouses or life partners that preceded the sport relationship).

K. Respondent

A Participant who is alleged to have violated the Handbook.

L. Third-Party Reporter

Reports brought by individuals other than the claimant are referred to as “third-party reports” and those bringing them are “third-party reporters.”

M. Ward

An individual, whether an adult or a minor, who has a legal guardian.

SECTION 1: TRAINING AND EDUCATION

Wintergreen Adaptive Sports requires mandatory reporting of abuse, misconduct and violations of its Handbook by covered individuals.

To facilitate reporting, covered individuals should have a basic understanding of sexual abuse, as well as “grooming,” the most common strategy offenders use to seduce their victims. Using a combination of attention, affection and gifts, offenders select a victim, win the victim’s trust (and the trust of the victim’s parent or guardian), manipulate the victim into sexual activity, and keep the victim from disclosing abuse. Accordingly, covered individuals shall complete awareness training concerning misconduct in sport before performing services for Wintergreen Adaptive Sports.

Covered Individuals must successfully complete the training in order to be eligible to participate with Wintergreen Adaptive Sports.

Covered individuals are required to take awareness training, or a refresher course, as applicable, every year, the first training to commence no more than 30 day(s) before they have contact with students and/or minors in connection with Wintergreen Adaptive Sports. In the case of instructors selected to serve camps or events, training must be completed prior to the instructor’s participation in any pre-event training camp.

Training will also be made available annually to minor students, subject to parental request and consent.

SECTION 2: BACKGROUND SCREENING

APPLICANT SCREENING

Covered Individuals must consent to, and pass, a formal screening process before performing services for Wintergreen Adaptive Sports or having contact with students or minors in their role with Wintergreen Adaptive Sports. 

Elements of the screening process include, as applicable, successful completion of an application,  reference check and criminal background check.

EDUCATION ABOUT Wintergreen Adaptive Sports PROTECTION POLICIES

To deter applicants who may be at risk of abusing students or participants from applying for positions, Wintergreen Adaptive Sports educates its applicants about its protection policies and offers applicants an early opt-out by:

·       Informing applicants about required policies and procedures relevant to prevention

·       Asking applicants to review and agree to required Wintergreen Adaptive Sports policies and procedures before proceeding with the process

·       Requiring applicants to sign a document acknowledging review of Wintergreen Adaptive Sports policies and procedures

·       Requiring awareness training before working with students, minors, and other Wintergreen Adaptive Sports participants

WRITTEN APPLICATIONS

Each applicant for a position will complete an application form consisting of personal identifying information and a general release with the applicant’s signature. 

The written application will: 

·       Ask about previous work and volunteer experiences

·       Ask questions intended to elicit information concerning high-risk behaviors

·       Provide a written release for contacting personal references, including an indemnification clause

·       Ask open-ended questions that encourage broad answers

 Following the application (and a personal interview, if applicable), Wintergreen Adaptive Sports will: 

·       Use disclosure statements to ask applicants about any criminal arrests, charges or convictions;

·       Provide a written release for performing a criminal background check, including an indemnification clause;

·       Provide the applicant’s name to S2 Verify, the Wintergreen Adaptive Sports background check vendor 

PERSONAL INTERVIEW

For employee applicants, appropriate staff may interview employee applicants whose experience and credentials are considered a fit for available positions.

 In the case of Board and committee applicants, the nominating committee of the Board of Directors will interview applicants whose experience and credentials are considered a fit for available positions.

REFERENCES

References of applicants may be contacted (either by phone, email or in writing) and asked specific questions regarding the applicant’s professional experiences, demeanor and appropriateness for involvement with students with disabilities, minors, and other Wintergreen Adaptive Sports participants.

RELEASE

Applicants may be required to provide a signed release, consistent with applicable law, that allows references to speak freely about the applicant’s qualifications without fear of reprisal and authorizing Wintergreen Adaptive Sports to obtain information concerning an applicant’s past employment, volunteer experience and information provided by the applicant during the screening process (i.e., written application and personal interview).

 CRIMINAL BACKGROUND DISCLOSURES

Each applicant has the affirmative duty to disclose his or her criminal history. Failing to disclose or intentionally misrepresenting criminal history or any other information provided by an applicant during the screening process is grounds for employment, volunteer and/or membership revocation or restriction, regardless of when the offense is discovered.  Furthermore: 

·       If an applicant is arrested, indicted, charged, has pending charges, pleads guilty or no contest, or is convicted of a crime during the screening process, the applicant is required to disclose such information immediately.

·       In the event a person is serving as a covered individual and is arrested, indicted, charged, has pending charges, pleads guilty or no contest, or is convicted after the completion of the screening process, he or she has an affirmative duty to disclose such information immediately to his or her supervisor or to the Wintergreen Adaptive Sports executive director.

·       Any applicant who has been banned by another sport organization, including, without limitation, the U.S. Center for SafeSport or a National Governing Body, as temporarily or permanently ineligible, must self-disclose this information. Failure to disclose is a basis for disqualification of applicants and/or other penalty or restriction. 

CRIMINAL BACKGROUND CHECK POLICY

All Covered Individuals, as defined above, are required to undergo a criminal background check that complies with the Fair Credit Reporting Act before providing services for Wintergreen Adaptive Sports. Through this criminal background check, Wintergreen Adaptive Sports will utilize reasonable efforts to ascertain past criminal history of an applicant.

PROCESS

The Criminal Background Check Consent and Waiver Release form must be submitted and the applicant cleared by the third party provider before he or she may perform services for Wintergreen Adaptive Sports or have contact with students or minors.

FINDINGS

Notice of criminal background check findings will be provided to:  

(1)  The designated staff contact at Wintergreen Adaptive Sports who administers applications;

(2)  In the case of Board and committees, the Board President

 The Wintergreen Adaptive Sports criminal background check report will return a “red light” or “green light” score. A green light score means that the background check vendor located no records that would disqualify the applicant. A green light score, however, is not a certification of safety or permission to bypass/ignore other screening efforts. Other disqualifying factors may exist, and can be revealed through an interview, reference checks and a completed application.

A red light finding means the criminal background check revealed criminal records that indicate the applicant “does not meet the criteria” and is not suitable for organization employment, volunteer assignment, or other participation with Wintergreen Adaptive Sports.

Red lights are any disposition or resolution of a criminal proceeding, other than an adjudication of not guilty, 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 program, deferred adjudication, deferred prosecution, disposition of supervision, conditional dismissal, juvenile delinquency adjudication, or similar arrangement, or any pending criminal charge(s) or warrant(s) for arrest, for the following crimes:

Automatic red lights (automatic disqualification)

(1) Any felony involving:

a. Violence against a person;

b. Violent crimes involving weapons (including armed robbery and aggravated assault with a weapon);

c. Animal abuse or animal neglect.

(2) Any felony or misdemeanor involving:

a. All sexual crimes (excluding only those potential disqualifiers in 3(c) below);

b. Drug use or possession (including the use of drug paraphernalia), within the previous three years;

c. Other drug related crimes including drug distribution, intent to distribute, manufacturing, trafficking, or sale within the previous seven years;

d. Child endangerment, neglect or abuse;

e. Neglect or abuse of an elderly or disabled individual.

(3) A Covered Individual who is currently on any state, federal, territorial, or tribal sex offender registry is ineligible to participate with Wintergreen Adaptive Sports in any capacity.

Potential red lights (these crimes shall cause an individual to be subject to review for disqualification, but disqualification is not necessarily automatic)

(1) Other felonies not included in Automatic red lights, above.

(2) Crimes involving vehicular bodily harm;

(3) Other misdemeanors for:

a. Drug-related crimes not covered in automatic red lights, above;

b. Violence against a person (including crimes involving firearms);

c. Prostitution, indecent exposure, or public indecency;

d. Stalking or harassment;

e. Destruction of property, including arson, vandalism, and criminal mischief;

f. Animal abuse or neglect.

When assessing whether conduct constitutes a red light, Wintergreen Adaptive Sports may assess and rely upon the original charges, amended charges, and those to which a plea was entered.

APPEAL TO CRIMINAL BACKGROUND CHECK VENDOR

Any disqualified individual has the right to dispute the accuracy of the findings of the criminal background check directly with S2 Verify, the Wintergreen Adaptive Sports approved Criminal Background Check Vendor. A disqualified individual may not appeal the disqualification or the results of the findings of the criminal background check vendor to Wintergreen Adaptive Sports, which is required by the policy to accept the findings of the approved criminal background check vendor.

Individuals disqualified based on the results of their criminal background check are excluded from participation in any Wintergreen Adaptive Sports sanctioned events and/or activities, and any offer of employment or participation with Wintergreen Adaptive Sports may be rescinded.  If the individual is currently participating with Wintergreen Adaptive Sports, that individual may be, among other things, terminated, suspended, or banned from participation.

FREQUENCY OF CRIMINAL BACKGROUND CHECKS

For instructors and staff, criminal background checks will be refreshed every 2 years, or as otherwise required by law, for Covered Individuals who are 18 years of age or older and perform services for W.A.S.

For W.A.S board members, criminal background checks will be required initially and every five years thereafter.

ADDITIONAL AFFIRMATIVE DUTY TO DISCLOSE

If, during the course of employment or participation in a Wintergreen Adaptive Sports program, a Covered Individual is subject to any disposition or resolution of a criminal proceeding, other than an adjudication of not guilty, 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 program, deferred adjudication, deferred prosecution, disposition of supervision, conditional dismissal, juvenile delinquency adjudication, or similar arrangement, or any pending criminal charge(s) or warrant(s) for arrest, it is the duty and responsibility of the Covered Individual to notify the Wintergreen Adaptive Sports executive director.  Covered Individuals are further required to disclose Other Potentially Disqualifying Factors, below, if such factor becomes applicable while the Covered Individual is involved in any Wintergreen Adaptive Sports programs or activities.

 OTHER POTENTIALLY DISQUALIFYING FACTORS

Even if an individual passes a criminal background check, other factors may disqualify the individual. An individual may be disqualified and prohibited from providing services for, or otherwise participating with Wintergreen Adaptive Sports, if the individual has:

 ·       Been held liable for civil penalties or damages involving sexual or physical abuse or misconduct 

·       Been subject to any court order involving any sexual or physical abuse or misconduct, including but not limited to a domestic order or protection

·       A history with another organization (employment, volunteer, etc.) of complaints of sexual or physical abuse or misconduct 

·       Been banned by another sport organization, including, without limitation, the U.S. Center for SafeSport or a National Governing Body, as temporarily or permanently ineligible

·       Resigned, been terminated or been asked to resign from a position – paid or unpaid – due to complaint(s) of sexual or physical abuse or misconduct 

·       A history of other behavior that indicates they may be a danger to participants in Wintergreen Adaptive Sports activities; or

·       Not meeting the job requirements

REVIEW OF DISQUALIFIERS

Wintergreen Adaptive Sports will review its disqualifiers every two years or as otherwise required or modified by law.

RECORDS

Records are secured at Wintergreen Adaptive Sports headquarters for a period indicated by applicable law or seven years after the individual is no longer affiliated with Wintergreen Adaptive Sports, whichever date is later.

SECTION 3: SPORT PROTECTION POLICY

COMMITMENT TO SAFETY

Overview

Wintergreen Adaptive Sports is committed to creating a safe and positive environment for students’ physical, emotional and social development and to ensuring that it promotes an environment free of misconduct.  Wintergreen Adaptive Sports recognizes that the process for training and motivating a student will vary with each instructor and student, but it is nevertheless important for everyone involved in sport to support the use of motivational and training methods that avoid misconduct. 

Application

This Sport Protection Policy applies to Covered Individuals, Wintergreen Adaptive Sports students, and other Wintergreen Adaptive Sports participants, as discussed below. 

 PROHIBITED CONDUCT

This section of the Handbook sets forth expectations for Participants related to emotional, physical, and sexual misconduct in sport, including bullying, hazing, and harassment.

 The privilege of participation with Wintergreen Adaptive Sports may be limited, conditioned, suspended, terminated, or denied if a Participant’s conduct is or was inconsistent with this Handbook and/or the best interest of sport and those who participate in it.

It is a violation of the Handbook and this Policy for a Participant to engage in or tolerate: (1) Prohibited Conduct, as outlined in this Policy; (2) any conduct that would violate any current or previous U.S. Center for SafeSport (the “Center”), Wintergreen Adaptive Sports, or chapter standards analogous to Prohibited Conduct that existed at the time of the alleged conduct; or (3) any conduct that would violate community standards analogous to Prohibited Conduct that existed at the time of the alleged conduct, including then applicable criminal and/or civil laws.

Prohibited Conduct also includes:

A. Child Abuse

B. Sexual Misconduct

C. Emotional and Physical Misconduct, including Stalking, Bullying, Hazing, and Harassment

D. Aiding and Abetting

E. Misconduct Related to Reporting

F. Other Inappropriate Conduct

A. Child Abuse

It is a violation of this Policy for a Participant to engage in Child Abuse.

B. Sexual Misconduct

It is a violation of this Policy for a Participant to engage in Sexual Misconduct. Sexual Misconduct offenses include, but are not limited to:

1. Sexual or Gender-related Harassment

2. Non-consensual Sexual Contact (or attempts to commit the same)

3. Non-consensual Sexual Intercourse (or attempts to commit the same)

4. Sexual Exploitation

5. Bullying or hazing, or other inappropriate conduct of a sexual nature.

1. Sexual or Gender-related Harassment

Sexual harassment is any unwelcome sexual advance, request for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, non-verbal, graphic, physical, or otherwise, when the conditions outlined in (a) and/or (b), below, are present. Sexual harassment includes harassment related to gender, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal or non-verbal, graphic, physical, or otherwise, even if the acts do not involve conduct of a sexual nature, when the conditions outlined in (a) and/or (b), below, are present.

a. Submission to such conduct is made, either explicitly or implicitly, a term or condition of any person’s employment, standing in sport, or participation in events, sports programs and/or activities; or when submission to or rejection of such conduct is used as the basis for sporting decisions affecting the individual (often referred to as “quid pro quo” harassment); or

b. Such conduct creates a hostile environment. A “hostile environment” exists when the conduct is sufficiently severe, persistent, and/or pervasive such that it interferes with, limits, or deprives any individual of the opportunity to participate in any program or activity. Conduct must be deemed severe, persistent, or pervasive from both a subjective and an objective perspective. Whether a hostile environment exists depends on the totality of known circumstances, including, but not limited to:

i. The frequency, nature, and severity of the conduct;

ii. Whether the conduct was physically threatening;

iii. The effect of the conduct on the Claimant’s mental or emotional state;

iv. Whether the conduct was directed at more than one person;

v. Whether the conduct arose in the context of other discriminatory conduct;

vi. Whether the conduct unreasonably interfered with any person’s educational or work performance and/or sport programs or activities; and

vii. Whether the conduct implicates concerns related to protected speech.

A hostile environment can be created by persistent or pervasive conduct or by a single or isolated incident that is sufficiently severe. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct is physical. A single incident of sexual contact without Consent, for example, may be sufficiently severe to constitute a hostile environment. In contrast, the perceived offensiveness of a single verbal or written expression, standing alone, is typically not sufficient to constitute a hostile environment.

2. Nonconsensual Sexual Contact

It is a violation of this Policy for a Participant to engage in Sexual Contact without Consent. Sexual Contact is any intentional touching of a sexual nature, however slight, with any object or body part (as described below), by a person upon another person. Sexual Contact includes but is not limited to: (a) kissing, (b) intentional touching of the breasts, buttocks, groin or genitals, whether clothed or unclothed, or intentionally touching of another with any of these body parts; and (c) making another touch themselves, the Participant, or someone else with or on any of these body parts.

3. Nonconsensual Sexual Intercourse

It is a violation of this Policy for a Participant to engage in Sexual Intercourse without Consent.

Sexual Intercourse is any penetration, however slight, with any object or body part (as described below), by a person upon another person. Sexual Intercourse includes (a) vaginal penetration by a penis, object, tongue, or finger; (b) anal penetration by a penis, object, tongue, or finger; and (c) any contact, no matter how slight, between the mouth of one person and the genitalia of another person.

4. Sexual Exploitation

It is a violation of this Policy for a Participant to engage in Sexual Exploitation. Sexual Exploitation occurs when a Participant purposely or knowingly:

a. Allows third parties to observe private sexual activity from a hidden location (e.g., closet) or through electronic means (e.g., Skype or live-streaming of images) without Consent of all parties involved in the sexual activity.

b. Records or photographs private sexual activity and/or a person’s intimate parts (including genitalia, groin, breasts or buttocks) without Consent of all parties in the recording or photo.

c. Engages in voyeurism (e.g., watching private sexual activity or viewing another person’s intimate parts when that person would have a reasonable expectation of privacy), without Consent of all parties being viewed.

d. Disseminates, shows or posts images of private sexual activity and/or a person’s intimate parts (including genitalia, groin, breasts or buttocks) without prior Consent of the person depicted in the images.

e. Intentionally exposes another person to a sexually transmitted infection or virus without that person’s knowledge.

f. Engages in prostituting or trafficking another person.

5. Bullying, Hazing, or Other Inappropriate Conduct of a Sexual Nature.

It is a violation of this policy for a participant to engage in bullying, hazing, and other inappropriate conduct of a sexual nature, as further defined in the corresponding sections below.

C. Emotional and Physical Misconduct

It is a Handbook violation for a Participant to engage in emotional and/or physical misconduct, when that misconduct occurs within a context that is reasonably related to sport, which includes, without limitation:

1. Emotional Misconduct

2. Physical Misconduct

3. Bullying Behaviors

4. Hazing

5. Harassment.

1. Emotional Misconduct

Emotional Misconduct includes (a) Verbal Acts, (b) Physical Acts, (c) Acts that Deny Attention or Support, (d) Criminal Conduct, and/or (e) Stalking. Emotional Misconduct is determined by the objective behaviors, not whether harm is intended or results from the behavior.

a. Verbal Acts

Repeatedly and excessively verbally assaulting or attacking someone personally in a manner that serves no productive training or motivational purpose.

b. Physical Acts

Repeated and/or severe physically aggressive behaviors, including but not limited to, throwing sport equipment, water bottles or chairs at or in the presence of others, punching walls, windows or other objects.

c. Acts that Deny Attention or Support

Ignoring or isolating a person for extended periods of time, including routinely or arbitrarily excluding a Participant from practice. 

 d. Criminal Conduct

Emotional Misconduct includes any act or conduct described as emotional abuse or misconduct under federal or state law (e.g. child abuse, child neglect).

e. Stalking

Stalking occurs when a person purposefully engages in a course of conduct directed at a specific person, and knows or should know, that the course of conduct would cause a reasonable person to (i) fear for their safety, (ii) the safety of a third person, or (iii) to experience substantial emotional distress.

“Course of conduct” means at least two or more acts, in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about another person, or interferes with another person’s property.

“Substantial emotional distress” means significant mental suffering or anguish.

Stalking also includes “cyber-stalking,” wherein a person stalks another using electronic media, such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact.

f. Exclusion

Emotional Misconduct does not include professionally accepted coaching methods of skill enhancement, physical conditioning, team building, appropriate discipline or improved Athlete performance. Emotional Misconduct also does not include conduct reasonably accepted as part of sport and/or conduct reasonably accepted as part of the instructor or student participation.

2. Physical Misconduct

Physical misconduct is any intentional contact or noncontact behavior that causes, or reasonably threatens to cause, physical harm to another person.

Examples of physical misconduct may include, without limitation:

a. Contact violations

Punching, beating, biting, striking, choking or slapping another; intentionally hitting another with objects, such as sporting equipment; encouraging or knowingly permitting a student to return to play prematurely following a serious injury (e.g., a concussion) and without the clearance of a medical professional.

b. Non-contact violations

Isolating a person in a confined space, such as locking a student in a small space; forcing a student to assume a painful stance or position for no athletic purpose (e.g., requiring a student to kneel on a harmful surface); withholding, recommending against, or denying adequate hydration, nutrition, medical attention or sleep; providing alcohol to a person under the legal drinking age; providing illegal drugs or non-prescribed medications to another. 

c. Criminal Conduct

Physical Misconduct includes any act or conduct described as physical abuse or misconduct under federal or state law (e.g. child abuse, child neglect, assault).

d. Exclusion

Physical Misconduct does not include professionally accepted coaching methods of skill enhancement, physical conditioning, team building, appropriate discipline, or improved Athlete performance. For example, hitting, punching and kicking are well-regulated forms of contact in combat sports, but have no place in swimming. Physical Misconduct also does not include conduct reasonably accepted as part of sport and/or conduct reasonably accepted as part of Participant’s participation.

3. Bullying Behavior

Repeated and/or severe behavior(s) that are (a) aggressive (b) directed at a minor, and (c) intended or likely to hurt, control, or diminish the minor emotionally, physically or sexually. Bullying-like behaviors directed at adults are addressed under other forms of misconduct, such as hazing and/or harassment.

Examples of bullying behavior may include, without limitation, repeated and/or severe:

a. Physical

Hitting, pushing, punching, beating, biting, striking, kicking, choking, spitting or slapping, or throwing objects (such as sporting equipment) at another person.

b. Verbal

Ridiculing, taunting, name-calling or intimidating or threatening to cause someone harm.

c. Social, including cyberbullying

Use of rumors or false statements about someone to diminish that person’s reputation; using electronic communications, social media or other technology to harass, frighten, intimidate or humiliate someone; socially excluding someone and asking others to do the same.

d. Sexual

Ridiculing or taunting based on gender or sexual orientation (real or perceived), gender traits or behavior, or teasing someone about their looks or behavior as it relates to sexual attractiveness.

e. Criminal Conduct

Bullying behavior includes any conduct described as bullying under federal or state law.

f. Exclusion

Conduct may not rise to the level of bullying behavior if it is merely rude (inadvertently saying or doing something hurtful), mean (purposefully saying or doing something hurtful, but not as part of a pattern of behavior), or arising from conflict or struggle between persons who perceive they have incompatible views and/or positions. Bullying does not include professionally accepted coaching methods of skill enhancement, physical conditioning, team building, appropriate discipline, or improved athletic performance.

4. Hazing

Any conduct that subjects another person, whether physically, mentally, emotionally or psychologically, to anything that may endanger, abuse, humiliate, degrade or intimidate the person as a condition of joining or being socially accepted by a group, team, or organization.

Purported consent by the person subjected to hazing is not a defense, regardless of the person’s perceived willingness to cooperate or participate.

Examples of hazing include:

a. Contact acts

Tying, taping or otherwise physically restraining another person; beating, paddling or other forms of physical assault.

b. Non-contact acts

Requiring or forcing the consumption of alcohol, illegal drugs or other substances, including participation in binge drinking and drinking games; personal servitude; requiring social actions (e.g., wearing inappropriate or provocative clothing) or public displays (e.g., public nudity) that are illegal or meant to draw ridicule; excessive training requirements demanded of only particular individuals on a team that serve no reasonable or productive training purpose; sleep deprivation; otherwise unnecessary schedule disruptions; withholding of water and/or food; restrictions on personal hygiene.

c. Sexualized acts

Actual or simulated conduct of a sexual nature.

d. Criminal acts

Any act or conduct that constitutes hazing under applicable federal or state law.

e. Exclusion

Conduct may not rise to the level of hazing if it is merely rude (inadvertently saying or doing something hurtful), mean (purposefully saying or doing something hurtful, but not as part of a pattern of behavior), or arising from conflict or struggle between persons who perceive they have incompatible views and/or positions. Hazing does not include professionally accepted coaching methods of skill enhancement, physical conditioning, team building, appropriate discipline, or improved student/athlete performance.

5. Harassment

Repeated and/or severe conduct that (a) causes fear, humiliation or annoyance, (b) offends or degrades, (c) creates a hostile environment (as defined above), or (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. Whether conduct is harassing depends on the totality of the circumstances, including the nature, frequency, intensity, location, context, and duration of the behavior. Conduct may not rise to the level of harassment if it is merely rude (inadvertently saying or doing something hurtful), mean (purposefully saying or doing something hurtful, but not as part of a pattern of behavior), or arising from conflict or struggle between persons who perceive they have incompatible views and/or positions.

Harassment does not include professionally accepted coaching methods of skill enhancement, physical conditioning, team building, appropriate discipline, or improved student/athlete performance.

D. Aiding and Abetting

Aiding and Abetting is any act taken with the purpose of facilitating, promoting, or encouraging the commission of Prohibited Conduct by a Participant. Aiding and abetting also includes, without limitation, knowingly:

1. Allowing any person who has been identified as suspended or otherwise ineligible by Wintergreen Adaptive Sports to be in any way associated with or employed by an organization affiliated with or holding itself out as affiliated with Wintergreen Adaptive Sports;

2. Allowing any person who has been identified as suspended or otherwise ineligible by Wintergreen Adaptive Sports to coach or instruct participants;

3. Allowing any person who has been identified as ineligible by Wintergreen Adaptive Sports to have ownership interest in a facility, an organization, or its related entities, if that facility/organization/related entity is affiliated with or holds itself out as affiliated with Wintergreen Adaptive Sports.

4. Providing any instruction-related advice or service to a student who has been identified as suspended or otherwise ineligible by Wintergreen Adaptive Sports;

5. Allowing any person to violate the terms of their suspension or any other sanctions imposed by Wintergreen Adaptive Sports. In addition, a participant also violates this policy if someone acts on behalf of the participant to engage in aiding or abetting, or if the guardian, family member, or advisor of a participant, including minor participants, engages in aiding or abetting.

E. Misconduct Related to Reporting

1. Failure to Report

An adult participant who fails to report actual or suspected sexual misconduct or child abuse to Wintergreen Adaptive Sports and, when appropriate, to law enforcement may be subject to disciplinary action under the Wintergreen Adaptive Sports resolution procedures and may also be subject to federal or state penalties.

a. The obligation to report is broader than reporting a pending charge or criminal arrest of a Participant; it requires reporting to Wintergreen Adaptive Sports and law enforcement if applicable, any conduct which, if true, would constitute Sexual Misconduct and/or Child Abuse. The obligation to report to Wintergreen Adaptive Sports is an ongoing one and is not satisfied simply by making an initial report. The obligation includes reporting, on a timely basis, all information of which an adult participant becomes aware, including the names of witnesses, third-party reporters, and claimants.

b. The obligation to report includes personally identifying information of a potential claimant to the extent known at the time of the report, as well as a duty to reasonably supplement the report as to identifying information learned at a later time.

c. Participants should not investigate or attempt to evaluate the credibility or validity of allegations involving sexual misconduct and/or child abuse. Participants making a good faith report are not required to prove the reports are true before reporting.

2. Intentionally Filing a False Allegation

In addition to constituting misconduct, filing a knowingly false allegation that a participant engaged in prohibited conduct may violate state criminal law and civil defamation laws. Any person making a knowingly false allegation in a matter over which Wintergreen Adaptive Sports exercises jurisdiction shall be subject to disciplinary action by Wintergreen Adaptive Sports.

a. An allegation is false if the events reported did not occur, and the person making the report knows the events did not occur.

b. 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 Handbook violation.

3. Retaliation

Retaliation against anyone for engaging in Wintergreen Adaptive Sports sport protection policies and procedures is prohibited. A participant, someone acting on behalf of a participant, or anyone subject to the Handbook, shall not take an adverse action against any person for making a good faith report of a possible handbook violation to Wintergreen Adaptive Sports or other relevant organizations or persons as identified herein or for participating in any process under this handbook.

Retaliation includes threatening, intimidating, harassing, coercing or any other conduct that would discourage a reasonable person from engaging or participating in Wintergreen Adaptive Sports policies and procedures when the action is reasonably related to the report or engagement with Wintergreen Adaptive Sports. 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 handbook violation.

F. Other Inappropriate Conduct

1. Intimate Relationship

An adult participant violates this policy by engaging in an intimate or romantic relationship where a power imbalance exists. An intimate or romantic relationship is a close personal relationship—other than a familial relationship—that exists independently and outside of the sport relationship. Whether a relationship is intimate is based on the totality of the circumstances, including: regular contact and/or interactions outside of or unrelated to the sport relationship (electronically or in person), the parties’ emotional connectedness, the exchange of gifts, ongoing physical and/or intimate contact and/or sexual activity, identity as a couple, the sharing of sensitive personal information, and/or intimate knowledge about each other’s lives outside the sport relationship.

2. Exposing a Minor to Imagery

An adult participant violates this policy by intentionally exposing a minor to imagery of a sexual nature. This provision does not exclude the possibility that similar behavior between adults could constitute Sexual Harassment, as defined in this Policy.

3. Intentional Exposure of Private Areas

An adult participant violates this policy by intentionally exposing breasts, buttocks, groin, or genitals, or induces another to do so, to an adult where there is a power imbalance, or to a minor.

4. Inappropriate Physical Contact

An adult participant violates this policy by engaging in inappropriate physical contact with a participant where there is a power imbalance. Such inappropriate contact includes, but is not limited to, intentionally:

a. touching, slapping, or otherwise contacting the buttocks or genitals of a participant;

b. excessively touching or hugging a participant;

c. kissing a participant.        

VIOLATIONS

Violations of the Sport Protection Policy shall be reported pursuant to Wintergreen Adaptive Sports Reporting Policy and will be addressed under its Disciplinary Rules and Procedure.

SECTION 4: STUDENT ABUSE PREVENTION POLICIES

SUPERVISION OF STUDENTS AND PARTICIPANTS

During training and competition, Wintergreen Adaptive Sports strives to create two-deep leadership and minimize one-on-one interactions to create a safe training environment and to protect students and participants. Two-deep leadership means a minimum of two adult covered individuals, or one covered individual and the parent/guardian of the relevant student, are present when working with an student. 

For purposes of this Section 4, “ward” means an individual, whether an adult or a minor, who has a legal guardian.

 Covered individuals are required to abide by these student abuse prevention policies at all Wintergreen Adaptive Sports-controlled activities and events, and facilities under its jurisdiction (to mean facilities owned and controlled by Wintergreen Adaptive Sports).

APPROPRIATE ONE-ON-ONE INTERACTIONS

One-on-one interactions between a minor/ward student and a covered individual (who is not the student’s parent or guardian) are permitted only if they occur at an observable and interruptible distance by another adult, as described in “Individual Care or Support Session,” or in emergency circumstances.

 Monitoring. When one-on-one interactions between covered individuals and minor/ward students occur at Wintergreen Adaptive Sports events, other covered individuals will monitor these interactions. Monitoring includes: knowing that the one-on-one interaction is occurring, the approximate planned duration of the interaction, and randomly dropping in on the one-on-one.

Out-of-program contacts. Covered individuals are prohibited from interacting one-on-one with unrelated minor/ward students in settings outside of the Wintergreen Adaptive Sports programs that are not observable and interruptible (including, but not limited to, one’s home and individual transportation), unless parent/legal guardian consent is provided for each out-of-program contact. Such arrangements are strongly discouraged in any event.

Individual Meetings

An individual meeting may be necessary to address a student’s concerns, training program or competition schedule. Under these circumstances, covered individuals are to observe the following guidelines.

 ·       Any individual meeting should occur when others are present and where interactions are at an observable and interruptible distance by another adult.

·       Where possible, an individual meeting should take place in a publicly visible and open area, such as the corner of a field of play or preparation area.

·       If an individual meeting is to take place in an office, the door should remain unlocked and open, and any windows must be uncovered.

Individual Training Sessions

An individual training session(s) with a minor/ward student may also be desired or necessary. Under these circumstances, written permission of a minor/ward student’s parent or guardian is required in advance of the individual training session(s), and Wintergreen Adaptive Sports encourages parents and guardians to attend the training session. Individual training sessions should be observable and interruptible by another adult at all times.

Individual Care or Support Sessions

Students with disabilities may require additional care or support sessions that should be administered in a private setting. Written permission of the student, or a ward student’s parent or guardian, if applicable, is required in advance of such individual care or support session(s), and sessions must be conducted in compliance with this Handbook and any other applicable Wintergreen Adaptive Sports policies or protocols. Individuals providing such care must have any required license(s) and must notify, if at all possible, a covered individual on location before any individual care or support session takes place.  Such individual care or support sessions may include:

 ·       Toileting

·       Diapering

·       Assistance in changing between clothing and sports equipment

PROHIBITED ONE-ON-ONE INTERACTIONS

Except as set forth above, minor/ward students and participants will not be left unattended or unsupervised during any Wintergreen Adaptive Sports activities, including being left alone during practice time.  

VIOLATIONS

Violations of this policy must be reported to Wintergreen Adaptive Sports, pursuant to its Reporting Policy. Violations will be addressed under the Disciplinary Rules and Procedure and may result in the sanctions as set forth therein, including temporary or permanent suspension. Some violations may constitute physical or sexual abuse that must be reported to appropriate law enforcement authorities.

PHYSICAL CONTACT WITH STUDENTS

Appropriate physical contact between students and instructors is a productive and inevitable part of sport. Students are more likely to acquire advanced physical skills and enjoy their sport participation through appropriate physical contact. Especially in adaptive sports, students may require physical assistance with equipment and movement. However, guidelines for appropriate physical contact reduce the potential for misconduct in sport.

APPROPRIATE PHYSICAL CONTACT

Wintergreen Adaptive Sports adheres to the following principles and guidelines in regards to physical contact with our students.

Common Criteria for Appropriate Physical Contact

Physical contact with students – for safety, consolation and celebration – has multiple criteria in common which make them both safe and appropriate. These include: 

·       the physical contact takes place in public

·       there is no potential for, or actual, physical or sexual intimacies during the physical contact

·       the student receives verbal notice of the contact about to take place

·       the physical contact is for the benefit of the student, not to meet an emotional or other need of an adult instructor

Safety

The safety of our students is paramount, and in many instances, we make the athletic space safer through appropriate physical contact. Examples include: 

·       spotting a student so that they will not be injured by a fall or piece of equipment

·       positioning a student’s body so that they more quickly acquire an athletic skill, get a better sense of where their body is in space, or improve their balance and coordination (with the student’s consent)

·       in emergencies, making students aware that they might be in harm’s way because of other students practicing around them or because of equipment in use

Celebration

Sports are physical by definition, and we recognize participants often express their joy of participation, competition, achievement and victory through physical acts. Appropriate public expressions of celebration include: 

·       greeting gestures such as high-fives and fist bumps

·       congratulatory gestures such as celebratory side hugs, “jump-arounds” and pats on the back for any form of athletic or personal accomplishment

Consolation

It may be appropriate to console an emotionally distressed student (e.g., a student who just lost a competition). Appropriate consolation includes publicly: 

·       putting an arm around  student while verbally engaging them in an effort to calm them down (“side hugs”)

PROHIBITED PHYSICAL CONTACT

Prohibited forms of physical contact, which shall be reported immediately under our reporting policy include, without limitation: 

·       massages or rubdowns

·       asking or having a student sit in the lap of a Covered Individual

·       lingering or repeated embraces of students that go beyond the criteria set forth for acceptable physical contact

·       slapping, hitting, punching, kicking or any other physical contact meant to discipline, punish or achieve compliance from a student

·       “cuddling” or maintaining prolonged physical contact during any aspect of training, travel or overnight stay

·       playful, yet inappropriate contact that is not a part of regular training (e.g., tickling or “horseplay” wrestling)

·       continued physical contact that makes a student obviously uncomfortable, whether expressed or not

·       any contact that is contrary to a previously expressed personal desire for decreased or no physical contact, where such decreased contact is feasible in a competitive training environment;

·       physical conduct in violation of Section 3, the Sport Protection Policy, of this Handbook.

VIOLATIONS

Violations of this policy must be reported to Wintergreen Adaptive Sports pursuant to its reporting policy. Violations will be addressed under the Disciplinary Rules and Procedure and may result in the sanctions as set forth therein, including temporary or permanent suspension. Some violations may constitute physical or sexual abuse that must be reported to appropriate law enforcement authorities.

ELECTRONIC COMMUNICATIONS AND SOCIAL MEDIA POLICY

As part of the emphasis on student safety at Wintergreen Adaptive Sports, all electronic communications between a Covered Individual and student must be professional in nature and for the purpose of communicating information about program activities. The concept of two-deep leadership extends into cyber space.

For purposes of this policy:

·       A “minor” is a volunteer or participant under the age of 18. Nearly all junior instructors fall into this category.

·       “Electronic communication” includes, but is not limited to, email, texting, social messaging, and online chatting. For the purposes of this policy, “communication” may be, but is not limited to, typed letters and words, photographs, videos, emojis and other material or data sent electronically from one device to another.

·       “Social media” includes the official WAS Facebook and Instagram accounts, but also includes platforms such as WhatsApp, Twitter, Snapchat, Instagram, Discord and other similar apps and services.

·       “Direct messages” include, but are not limited to, one-on-one electronic communication through social apps where the communication is not visible to anyone except the sender and receiver.

·       Unless otherwise specified, affiliated “WAS personnel” include staff, supervisors, instructors, volunteers and board members.

 A.    Social media and minor protection policies and code of conduct for WAS members

 1.     All WAS members must acknowledge receiving, reading and understanding the requirements of this policy before working with junior instructors, minor students, or adult students with cognitive challenges who are under the guardianship of an adult.

2.     No WAS personnel, regardless of age, should initiate or participate in one-on-one electronic communication or direct messaging with a minor student or an adult student under guardianship.

3.     No adult WAS personnel should initiate or participate in one-on-one electronic communication or direct messaging with a WAS junior instructor under the age of 18.

4.     If a minor student, through electronic communication or direct messaging, contacts a member of WAS personnel, regardless of age, any response must include the student’s parent or guardian, or other WAS personnel. In other words, responses to a minor student from WAS personnel must always be expanded to include a third person.

5.     The same principle applies to electronic communication or direct messaging between WAS junior instructors and adult instructors.

6.     This policy is not meant to discourage any WAS personnel from accepting social-media “friend” or “follow” requests from a minor student, provided all contact is readily visible to others. WAS personnel, regardless of age,  may not initiate the “friend” or “follow” outreach.

7.     Likewise, adult instructors and junior instructors are also free to “friend” or “follow” each other, provided all communication is readily visible to others. Adult instructors  may not initiate the “friend” or “follow” outreach to junior instructors.

8.     However, before a WAS adult instructor agrees to a “friend” or “follow” request from a junior instructor or a minor student, the adult should consider whether their social-channel content is appropriate for a minor’s viewing.

B.    Exceptions to this policy 

1.     This policy does not apply to familial relationships.

2.     This policy does not apply if a member of WAS personnel has a prior relationship with a minor who becomes a student or junior instructor. Relationships may include being a neighbor, classmate, family friend, other similar connections independent of WAS.

3.     This policy does not apply to calls, texts or emails from a WAS staff member or supervisor to a junior instructor, as long as the communication is directly related to WAS operations.

4.     This policy does not limit WAS junior instructors from freely conversing with each other through any platform.

C.     Overlap of this policy with other WAS policies

 1.     WAS has a policy that prohibits members from disclosing a student’s medical, personal or disability information without the permission of the student or the student’s parent or guardian. This existing WAS policy also applies to all social media.

2.     The WAS media release form allows a student’s image to be used in WAS communications, including social channels. This permission, however, does not extend to instructors’ personal social accounts. Before posting a student’s image or other personal information – regardless of the student’s age – ask for the student’s permission or the permission of a parent or guardian.

3.     WAS expects its personnel to treat each other with kindness and respect, and this expectation applies to social media and other digital communication.

 *The key principle and prohibition in this protocol is that an instructor or senior volunteer should not initiate private, one-on-one online or digital communication with a student or junior volunteer.

As noted, below, connections to individual students or junior volunteers though a group text or collective social media platform, or connections to individual students when copying parents or guardians are not prohibited.

EMAIL, TEXTING, AND SIMILAR ELECTRONIC COMMUNICATIONS

Instructors may use email or texting to communicate. All email content between instructor and student must be professional in nature and for the purpose of communicating information about program activities. Parents or guardians must be copied on communications from a Covered Individual to a minor/ward student. Cases in which the instructor must convey program activity information to Covered Individuals (students or volunteers), when a parent or guardian number or email address is not readily available, require that the instructor copy the Wintergreen Adaptive Sports supervisor on duty. To avoid this, when recording a student’s contact information, always try to group it with the contact information of the parent or guardian to facilitate automatic copying.

Where the Covered Individual is a staff member, emails to any student should come from the staff member’s recognized Wintergreen Adaptive Sports email address. Communications to an entire team/student group need not be copied to all parents or guardians but must at a minimum be copied to another Covered Individual.

ELECTRONIC IMAGERY

From time to time, digital photos, videos of practice or competition, and other images of students – individually or in groups – may be taken by individuals designated by Wintergreen Adaptive Sports specifically for that purpose. These photos and/or videos may be submitted to local, state or national publications, used in Wintergreen Adaptive Sports videos or publications, posted on the Wintergreen Adaptive Sports websites or offered to student families seasonally on disc or other electronic form. Such imagery must be appropriate and in the best interest of the student and Wintergreen Adaptive Sports. Wintergreen Adaptive Sports imagery must not be contrary to any rules as outlined in this Sport Protection Handbook or other applicable policies.

REQUEST TO DISCONTINUE ALL ELECTRONIC COMMUNICATIONS OR IMAGERY

The student, or the parents or guardians of a minor/ward student may request, in writing, that their child/ward not be contacted by any form of electronic communication by instructors, and/or that photography or videography of themselves or their child/guardian not be taken or shared. Wintergreen Adaptive Sports will abide by all such requests, absent emergency circumstances.

 MISCONDUCT

Social media and electronic communications can also be used to commit misconduct (e.g., emotional, sexual, bullying, harassment and hazing). Such communications by Covered Individuals or other Wintergreen Adaptive Sports participants will not be tolerated and are considered violations of this Handbook.

VIOLATIONS

Violations of this policy must be reported to Wintergreen Adaptive Sports, pursuant to its Reporting Policy. Violations will be addressed under the Disciplinary Rules and Procedure and may result in the sanctions as set forth therein, including temporary or permanent suspension. Some violations may constitute physical or sexual abuse that must be reported to appropriate law enforcement authorities.

 LOCKER ROOMS, BATHROOMS, AND CHANGING AREAS

 The following guidelines are designed to maintain personal privacy, as well as to reduce the risk of misconduct in locker rooms and changing areas.

FACILITIES

Wintergreen Adaptive Sports sometimes hosts camps and training sessions for students at third party locations throughout the year and for various sports activities.

These locations, along with facilities at the Wintergreen Adaptive Sports “Hut” headquarters (Winter Sports) and the Wintergreen Adaptive Sports Paddling Program shed at Lake Monocan, may have a changing area, locker room, or bathroom that is shared with the general public. As such, there are likely to be people who are not associated with Wintergreen Adaptive Sports at these locations.  Covered individuals are nevertheless required to abide by the Student Abuse Prevention Policies at such locations.

MONITORING

While Wintergreen Adaptive Sports does not generally post staff members inside or at the doors of the bathrooms, locker rooms, and changing areas, staff members do make occasional sweeps of these areas. Staff members conduct these sweeps, with women checking on female-designated areas and men checking on male-designated areas.

Instructors and staff make every effort to recognize when a student goes to the locker room or changing area during lessons or competition and, if they do not return in a timely fashion, will check on the student’s whereabouts.

Wintergreen Adaptive Sports discourages parents from entering public locker rooms and changing areas unless it is truly necessary. In those instances, it should only be a same-sex parent. If this is necessary, parents should let an instructor or staff person on site know about this in advance.

If a student needs assistance with his or her uniform or gear or a student’s disability warrants assistance, then Wintergreen Adaptive Sports asks that parents or guardians let an on-site instructor or an administrator know beforehand that he or she will be helping the student, and when. However, parents must still abide by all Wintergreen Adaptive Sports policies regarding use of public locker rooms, bathrooms, and changing areas, they may not be alone with unrelated students in such areas, and must abide by restrictions regarding female and male-designated areas.

USE OF CELL PHONES AND OTHER MOBILE RECORDING DEVICES

Cell phones and other mobile devices with recording capabilities, including voice recording, still cameras and video cameras increase the risk for different forms of misconduct in locker rooms and changing areas. As a result, THERE WILL BE NO USE OF A DEVICE’S RECORDING CAPABILITIES IN THE LOCKER ROOMS, BATHROOMS, OR CHANGING AREAS. Such devices should be left outside of the locker room in a secure area, vehicle or checked with an instructor or adult volunteer.

 ONE-ON-ONE INTERACTIONS

Except for students on the same team, at no time are unrelated covered individuals permitted to be alone with a minor/ward student in a locker room or changing, except under emergency circumstances.

 If Wintergreen Adaptive Sports is using a facility that only has a single locker room or changing area, we will designate separate times for use by covered individuals, if any.

 UNDRESS

Under no circumstances shall an unrelated covered individual intentionally expose his or her breasts, buttocks, groin, or genitals to a student.

 VIOLATIONS

Violations of this policy must be reported to Wintergreen Adaptive Sports pursuant to its reporting policy. Violations will be addressed under the Disciplinary Rules and Procedures and may result in the sanctions as set forth therein, including temporary or permanent suspension. Some violations may constitute physical or sexual abuse that must be reported to appropriate law enforcement authorities.

TRAVEL

Should Wintergreen Adaptive Sports engage in any sanctioned travel activities (e.g., and external race event or training event), Wintergreen Adaptive Sports has established policies to guide our travel, minimize one-on-one interactions and reduce the risk of misconduct. Adherence to these travel guidelines will increase student safety and improve the competitive experience while keeping travel a fun and enjoyable experience.

LOCAL AND GROUP TRAVEL

Wintergreen Adaptive Sports distinguishes between travel to training, practice and local competition (“local travel”), and group travel involving a coordinated overnight stay (“group travel”).

 Local Travel

Local travel occurs when Wintergreen Adaptive Sports does not sponsor, coordinate or arrange for travel. For local travel, students or their parents/guardians (for minor students) are responsible for making all travel arrangements. In these instances, it is the responsibility of the student or their parents/guardians (for minor/ward students) to ensure the person transporting the student maintains all safety and legal requirements, including, but not limited to, a valid driver’s license, proper insurance, well maintained vehicle and compliance with all state laws.

In an effort to minimize one-on-one interactions, covered individuals, who are not also acting as a parent or guardian, may not drive alone with an unrelated minor/ward student and should only drive with at least two other minor/ward students or another adult at all times, unless otherwise agreed to in writing by the minor/ward student’s parent or guardian in advance of travel. In any case where a covered individual is involved in the minor/ward student’s local travel, a parental release is required in advance. Efforts must be made to ensure that covered individuals are not alone with a minor/ward student or minor/ward participant, by, e.g., picking the students up in groups.

 Covered individuals who also are a student’s parent or guardian may provide transportation for their own student without restriction, but must still comply with the requirements above with respect to all other students. We encourage parents and guardians to pick up their child/guardian student first and drop off their child/guardian student last in any shared or carpool travel arrangement. We also recommend completing a shared travel declaration form signed by the parents/guardians of any minor/ward student who is being transported as part of such a carpool arrangement.

Group Travel

Group travel is overnight travel that occurs when Wintergreen Adaptive Sports sponsors, coordinates or arranges for travel so that its students can train or compete locally, regionally, or nationally. Because of the greater distances, instructors, staff, volunteers and chaperones will often travel with the students. However, no covered individual will engage in team travel without the proper safety requirements in place, including valid drivers’ licenses, proper insurance, well-maintained vehicles and compliance with all state laws.

Wintergreen Adaptive Sports shall make every effort to provide adequate supervision through instructors and other adult chaperones on groups with minor/ward students. Wintergreen Adaptive Sports policy dictates a maximum ratio of nine minor/ward students to one chaperone on trips and away camps.

For group travel, hotels and air travel will be booked in advance by Wintergreen Adaptive Sports. Students will share rooms, with 2-4 students assigned per room depending on accommodations. Wintergreen Adaptive Sports will notify hotel management should any special arrangements be warranted. For instance, we will ask hotels to block pay per view channels and remove mini-bars. Wintergreen Adaptive Sports may request an additional large room or suite so that our members and students may socialize as a group. Meetings shall be conducted in accordance with Wintergreen Adaptive Sports policies regarding one-on-one interactions (i.e. all meetings shall be observable and interruptible, among other requirements).  When doing room checks, attending team meetings and/or other activities, two-deep leadership (two Covered Individuals should be present) and observable and interruptible environments should be maintained.

For minor/ward students, Wintergreen Adaptive Sports permits family members to stay at the hotel. We encourage all students to call parents and guardians regularly and allow for any unscheduled calls by either the student or parent/guardian.

 Group travel policies must be signed and agreed to by all students, parents, and covered individuals traveling with Wintergreen Adaptive Sports.  Covered individuals who travel with the organization must successfully pass a background check and other screening requirements consistent with Wintergreen Adaptive Sports policies.

 Please note that regardless of the location of the event, Wintergreen Adaptive Sports policies on providing alcohol to minors follows U.S. law, and parents and guardians are expected to adhere to this policy, especially when staying near or with the group. No parent should provide alcohol to minors during Wintergreen Adaptive Sports travel. Violations of this policy will be addressed under the Disciplinary Rules and Procedures and may result in the sanctions as set forth therein, including, but not limited to, temporary or permanent suspension from competition or participation with Wintergreen Adaptive Sports.

 TRAVEL NOTIFICATION

When possible, Wintergreen Adaptive Sports will provide reasonable advance notice of details before group travel. Notice will include the dates, location and duration of competition. Travel notice also will include designated group hotels for overnight stays, as well as a contact person within Wintergreen Adaptive Sports. For minors and wards, this individual will be the point of contact to confirm your intention to travel and to help with travel details.

 For minor/ward students, Wintergreen Adaptive Sports will distribute specific travel itineraries when they become available. These will include a more detailed, hour-by-hour itinerary, as well as contact information for group travel chaperones.

 MIXED-GENDER AND MIXED-AGE TRAVEL

Wintergreen Adaptive Sports groups may occasionally be made up of male and female students across various ages. Students will only share a room with other students of the same sex and age group. Students will be grouped by age and sex for the purposes of assigning an appropriate chaperone. Wintergreen Adaptive Sports will make every effort to provide these groups at least one chaperone of the same sex.

 Regardless of gender, an instructor shall not share a hotel room or other sleeping arrangement with a student (unless the instructor is the parent, guardian, sibling or spouse of that particular student). Where an adult is registered both as an instructor and a student member of a Wintergreen Adaptive Sports group or camp, and is functioning primarily as an instructor, he or she may share sleeping arrangements with another registered instructor.

 INSTRUCTOR AND STAFF RESPONSIBILITIES

During group travel, instructors and staff members will help students, fellow instructors and staff members adhere to policy guidelines, including, without limitation, the Travel Policy, Locker Rooms and Changing Areas Policy and Reporting Policy.

If an instructor or staff member transports a student or other organization member in their private car or a vehicle rented or owned by Wintergreen Adaptive Sports for group travel, a copy of the instructor’s or staff member’s valid driver’s license, vehicle registration and proof of insurance is required and must be on file with Wintergreen Adaptive Sports in advance.

When not practicing, training, competing or preparing for competition, instructors and staff will monitor the activities of students, fellow instructors and staff during group travel. Instructors and staff will:

 a.      prepare students for group travel and make them aware of all expectations.

b.     familiarize themselves with all travel itineraries and schedules before the initiation of group travel

c.      conform to, and monitor for others’ adherence, the Sport Protection Policy and all policies during group travel

d.     encourage students to participate in regular, at least daily, scheduled communications with their parents/guardians, if applicable

e.      help students be on time for all group commitments (as possible)

f.       assist with group travel logistical needs (as possible)

g.      support chaperones and/or participate in the monitoring of students for adherence to curfew restrictions set based on age and competition schedule as listed in travel itinerary

h.     ensure students are complying with hotel room restrictions based on gender or age bracket requirements

i.       make certain that students are not alone in a hotel room with any adult apart from a family member; this includes instructors, staff and chaperones

j.       not use drugs or alcohol in the presence of minors or be under the influence of alcohol or drugs while performing their teaching/instruction duties

k.     immediately report any concerns about physical or sexual abuse, misconduct, or policy violations

l.       notify parents before taking any disciplinary action against a minor student if the student is traveling without his or her parents

m.   immediately address and report any concerns about sexual and physical abuse, misconduct or policy violations as required under this handbook and applicable law.

CHAPERONE RESPONSIBILITIES

Chaperones may accompany group travel to ensure that the students, instructors, staff and volunteers adhere to the Wintergreen Adaptive Sports Sport Protection policy guidelines. While these include the travel policy, it also includes all other relevant policies contained in this Sport Protection Handbook.

 Chaperones will monitor the activities of all instructors, staff members, volunteers and students during group travel. Specifically, chaperones will:

a.      familiarize themselves with all travel itineraries and schedules before group travel

b.     encourage students to participate in regular, at least daily, scheduled communications with their parents/guardians, as applicable

c.      help students be on time for all group commitments (as possible)

d.     assist instructors, staff and other volunteers with group travel logistical needs (as possible)

e.      monitor students for adherence to curfew restrictions set based on age and competition schedule as listed in travel itinerary

f.       ensure that students comply with hotel room restrictions based on gender or age bracket requirements

g.      not use drugs or alcohol in the presence of minors or be under the influence of alcohol or drugs while performing their chaperone duties

h.     make certain that students are not alone in a hotel room with any adult, including instructors, staff and chaperones, apart from a family member or guardian

i.       immediately address and report any concerns about sexual and physical abuse, misconduct or policy violations as required under this Handbook and applicable law.

 VIOLATIONS

Violations of this policy must be reported to Wintergreen Adaptive Sports pursuant to its Reporting Policy. Violations will be addressed under the Disciplinary Rules and Procedure and may result in the sanctions as set forth therein, including temporary or permanent suspension. Some violations may constitute physical or sexual abuse that must be reported to appropriate law enforcement authorities.

SECTION 5: RESPONDING TO ABUSE, MISCONDUCT AND POLICY VIOLATIONS

REPORTING POLICY

REPORTING

Note: Nothing in this policy shall be construed to require a victim of child abuse or other misconduct to self-report.

No one should investigate suspicions or allegations of child abuse or other Prohibited Conduct, or attempt to evaluate the credibility or validity of allegations as a condition of reporting to Wintergreen Adaptive Sports or to appropriate authorities.

A. Reporting Requirements related to:

1. Child Abuse

A covered individual who learns of information and reasonably suspects that a child has suffered an incident of child abuse, including sexual abuse, shall immediately make a report of the suspected abuse to both Law Enforcement and Wintergreen Adaptive Sports:

a. Law Enforcement

i. The agency designated by the Attorney General, consistent with federal  requirements set forth in section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. § 20341).

ii. Any applicable state law enforcement agencies.

Learn more about this requirement by visiting:

https://www.childwelfare.gov/topics/responding/reporting

b. Wintergreen Adaptive Sports

i. By Phone at 434-325-2007, during regular business hours (Seven days/week, 9:00 AM – 5:00 PM EST.)

ii. Directly to the on-duty staff supervisor and/or executive director

Reporting such conduct to Wintergreen Adaptive Sports does not satisfy an adult participant’s obligation to report to law enforcement or other appropriate authorities consistent with section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. § 20341).

2. Sexual Misconduct

Wintergreen Adaptive Sports encourages anyone who experiences or becomes aware of an incident of sexual misconduct involving a participant to immediately report the incident to Wintergreen Adaptive Sports (and/or to law enforcement if the matter involves possible criminal conduct).

Covered individuals must promptly report possible sexual misconduct directly to Wintergreen Adaptive Sports whenever such participants become aware of conduct that could constitute sexual misconduct.

3. Emotional and Physical Misconduct

Covered individuals are required to report to Wintergreen Adaptive Sports any emotional and physical misconduct (including bullying, stalking, hazing, and harassment) prohibited under this handbook, and violations of other proactive policies. Reports to Wintergreen Adaptive Sports can be made:

 i. By Phone at 434-325-2007, during regular business hours (Monday-Friday, 9:00 AM MT – 5:00 PM MT.)

ii. Directly to the on-duty staff supervisor and/or executive director

4. Other Misconduct and Abuse of Disabled Individuals

Covered Individuals are required to report to Wintergreen Adaptive Sports all other prohibited conduct or handbook violations. Covered Individuals may also be required to report abuse of disabled individuals to a state agency in certain jurisdictions.

B. Anonymous Reports

Reports may be made anonymously to Wintergreen Adaptive Sports. Anonymity means Wintergreen Adaptive Sports will not know the personally identifying information of the reporter. It does not mean that the underlying information will be protected. However, an anonymous report may limit the ability of Wintergreen Adaptive Sports to investigate and respond to a report, and if an adult participant reports anonymously, it may not be possible for Wintergreen Adaptive Sports to verify that mandatory reporting obligations have been satisfied. Consequently, Wintergreen Adaptive Sports strongly encourages Covered Individuals to provide their name and contact information when reporting.

C. Confidentiality for Third-Party Reporters

Unless necessary to Wintergreen Adaptive Sports’ investigation or resolution of a matter, Wintergreen Adaptive Sports does not disclose a third-party reporter’s personally identifying information.

D. Reporting Options for Claimants

A claimant may choose to make a report to Wintergreen Adaptive Sports to pursue a resolution under these procedures and may also choose to make a report to law enforcement and/or pursue available civil or administrative remedies. A claimant may pursue one, some, or all of these options at the same time.

A claimant who wishes to pursue criminal action in addition to, or instead of, making a report under these procedures should contact law enforcement and/or legal counsel directly.

E. Claimant’s Request for Anonymity

A Claimant may request that personally-identifying information not be shared with a respondent. Wintergreen Adaptive Sports will seek to honor the claimant’s request(s) if it is possible to do so while also protecting the health and safety of the claimant and the sporting community.

If the Claimant’s request for anonymity can be honored

If Wintergreen Adaptive Sports determines a claimant’s request that personally-identifying information not be shared with respondent can be honored, Wintergreen Adaptive Sports may take other appropriate steps designed to eliminate the reported conduct, prevent its recurrence, and remedy its effect on the claimant and sporting community. Those steps may include offering appropriate remedial measures to the claimant, providing targeted training or prevention programs, and/or providing or imposing other remedies tailored to the circumstances as a form of alternative resolution.

If the Claimant’s request for anonymity cannot be honored

If Wintergreen Adaptive Sports determines it cannot honor a claimant’s request(s) that personally-identifying information not be shared with the respondent, that no investigation be pursued, and/or that no disciplinary action be taken, Wintergreen Adaptive Sports may direct appropriate actions, which may include, without limitation: (i) imposing a no contact directive or other temporary measure; (ii) initiating an investigation; and (iii) arranging, imposing, or extending any other appropriate remedial and/or protective measures.

In such cases, Wintergreen Adaptive Sports will make reasonable efforts to protect the privacy of the claimant. However, actions that may be required as part of any investigation will involve speaking with the Respondent and others who may have relevant information, in which case the Claimant’s identity may have to be disclosed. In such cases, Wintergreen Adaptive Sports will notify the Claimant that Wintergreen Adaptive Sports intends to proceed with an investigation, but the Claimant is not required to participate in the investigation or in any other actions taken by Wintergreen Adaptive Sports.

F. Privacy

Wintergreen Adaptive Sports is committed to protecting the privacy of all individuals involved in the investigation and resolution of reported allegations. With respect to any report under these procedures, Wintergreen Adaptive Sports, in its discretion, will make reasonable efforts to protect the privacy of individuals involved in Wintergreen Adaptive Sports policies and procedures, while balancing the need to gather information to assess a report and to take steps to eliminate the prohibited conduct.

Information will be shared as necessary with Wintergreen Adaptive Sports staff and counsel, witnesses, and the parties. It may also be necessary for Wintergreen Adaptive Sports to notify law enforcement of an allegation of misconduct.

Parental/Guardian Notification

Wintergreen Adaptive Sports reserves the right to notify guardians of claimants regarding any health or safety risk.

HOW REPORTS ARE HANDLED

Suspicions or Allegations of Child Physical or Sexual Abuse and Abuse of Disabled Persons

Wintergreen Adaptive Sports will report all suspicions or allegations of child physical or sexual abuse to appropriate law enforcement authorities.  Wintergreen Adaptive Sports will also report abuse of disabled persons to law enforcement as required by law or on its own initiative.  Wintergreen Adaptive Sports will not attempt to evaluate the credibility or validity of the allegations as a condition for reporting to appropriate law enforcement authorities. As necessary, however, Wintergreen Adaptive Sports may ask a few clarifying questions of the person making the report to adequately report the suspicion or allegation to law enforcement authorities.

Immediate Suspension or Termination

When an allegation of physical or sexual abuse, or other misconduct, is made against a participant, Wintergreen Adaptive Sports may immediately remove that individual from contact with Wintergreen Adaptive Sports participants until the allegation has been investigated by an official law enforcement agency, Wintergreen Adaptive Sports makes further inquiry, or otherwise.

NOTIFICATION

Following the notice of a credible allegation of misconduct by a participant, Wintergreen Adaptive Sports may consider the circumstances in which it will notify parents or guardians of students with whom the accused individual may have had contact. In its discretion, as appropriate, Wintergreen Adaptive Sports may notify its staff members, contractors, volunteers, parents, and/or students of any allegation of child physical or sexual abuse or other criminal behavior or misconduct that (1) law enforcement authorities are actively investigating; or (2) Wintergreen Adaptive Sports is investigating internally. Advising others of an allegation may lead to additional reports of child physical or sexual abuse and other misconduct.

DISCIPLINARY RULES AND PROCEDURE

RECEIPT OF ALLEGATIONS

On receipt of an allegation of misconduct or other violation of this Handbook, Wintergreen Adaptive Sports will determine in its discretion the appropriate steps to address the conduct based on several factors, including (i) the age of the Claimant, (ii) the age of the Respondent, and (iii) the nature, scope and extent of the allegations.  In addition to reporting to law enforcement as required or as Wintergreen Adaptive Sports may determine, possible responses include emergency suspension, further investigation, or other disciplinary action. Wintergreen Adaptive Sports may undertake a formal investigation in its discretion and may investigate allegations of child physical or sexual abuse, or other misconduct, that have been reported to law enforcement if such investigation does not interfere with any ongoing criminal investigation or prosecution for the same. If the Respondent is a minor, Wintergreen Adaptive Sports will contact his or her parents or guardians.

Wintergreen Adaptive Sports will address allegations against a staff member under its employment policies.

EMERGENCY SUSPENSION

In certain cases, Wintergreen Adaptive Sports may temporarily suspend the respondent pending final resolution of the complaint to eliminate any potential danger to a student, sport participant or other individual. Such temporary suspension is not subject to contest or appeal.  The determination to temporarily suspend an individual shall be made by the executive director in consultation with the Board of Directors.

An emergency suspension may prohibit the respondent from participating in any capacity or in any role in the business, events or activities of Wintergreen Adaptive Sports during the suspension, or impose other appropriate restrictions.

INVESTIGATION

As appropriate, and at its discretion, Wintergreen Adaptive Sports may institute a formal investigation of the allegations.

DISCIPLINARY ACTION

In cases where Wintergreen Adaptive Sports determines that an investigation is not necessary, or after investigation, if applicable, the executive director in consultation with the board of directors shall determine the appropriate disciplinary action in each case, if any.  Sanctions for violations of the Sport Protection Handbook will be proportionate and reasonable under the circumstances. Wintergreen Adaptive Sports may take the following disciplinary actions, without limitation: 

·       Inform the respondent’s direct-line supervisor or in the case of a minor, the minor’s parent or guardian

·       Provide the respondent with guidance, redirection and instruction

·       Temporary suspension from competition or participation

·       Issue a verbal warning

·       Issue a written warning

·       Implement a limited access agreement (e.g., limiting an individual’s access to certain facilities)

·       Engage in restorative practices (i.e., creation of a respectful and safe dialogue when a misunderstanding or harm has occurred)

·       Suspend or terminating employment, membership, or participation

Wintergreen Adaptive Sports will notify a respondent in writing of the organization’s decision. A copy of such decision shall be sent to Move United/Disabled Sports USA. 

APPEAL

A respondent shall have the option, within 10 days of the date of written notice of any disciplinary action, to appeal the organization’s decision to the Wintergreen Adaptive Sports Board of Directors or its designee.  Any appeal must be in writing and clearly state the grounds for appeal.

The Board of Directors, or its designee, may ask additional questions of the Respondent, Claimant, or other witnesses.  The decision of the Chair of the Personnel Committee, or his/her designee, is final and binding. A copy of such decision shall be sent to Move United/Disabled Sports USA. 

SECTION 6: MONITORING STRATEGY

By monitoring the interactions among staff, volunteers, students and others, Wintergreen Adaptive Sports works to prevent, recognize and respond to inappropriate and harmful behaviors as set forth in our Sport Protection Handbook, while reinforcing appropriate behaviors.

MONITORING COMPLIANCE WITH POLICIES AND PROCEDURES

Wintergreen Adaptive Sports monitors for compliance with its policies and procedures, including without limitation, its Awareness Training, Travel, Locker Room and Changing Areas and Physical Contact Policies.

MONITORING METHODS

Wintergreen Adaptive Sports utilizes multiple monitoring methods to observe how individuals are interacting, including without limitation (1) formal supervision, including regular evaluations; and (2) informal supervision, including regular and random observation (e.g., roving and checking interactions throughout practices), and (3) maintaining frequent contact with staff members, volunteer and students who interact off-site.

 RESPONDING TO INTERACTIONS

While Wintergreen Adaptive Sports has a formal reporting policy, staff members and volunteers should be prepared to respond immediately to inappropriate or harmful behavior, potential risk situations and potential boundary violations.

 Staff members and volunteers will redirect inappropriate behaviors to promote positive behaviors, confront inappropriate or harmful behaviors and report behaviors if necessary.

PART 2: FORMS and DOCUMENTS

ONLINE INTAKE FORM (Example)

Wintergreen Adaptive Sports strongly encourages the reporting of misconduct. We appreciate your willingness to report inappropriate behavior.

DSUSA Sport Protection Reporting

Offender Information

This section is about the individual you are reporting. Please provide as much information as possible.

Name of Individual you are reporting (First & Last):

Gender:

Male

Female

Address:

Street AddressCityState / Province / Region

City, State required

Position(s) this individual holds or held:

Head Coach/Instructor Assistant Coach Employee Volunteer Other/Not sure

Organizaton where individual works and/or volunteers or worked/volunteered previously:

Incident Information

This section asks questions about the incident or incidents you are reporting. Please provide as much specific information as you are able.

Type of Offense (i.e. what happened?):

Where did the incident or incidents take place? (City, State and any other available location information)

Please Describe what happened: (Including... Who, What, When, Where)

Victim Information

This section is for information about the victim or victims. If you are the victim and wish to remain anonymous, you may do so. In that case, please enter only your age, city, state, and chapter affiliation.

Name:

Age (or approximate age):

Chapter/Organizational Affiliation (if any):

Contact phone number (Note, if this person is under 18, please provide contact information for his/her parent or guardian):

Contact Email address (if this individual is under 18, please provide contact information for parent or guardian):

Gender

Male

Female

Reporter's Information

You may remain anonymous if you wish. However, providing your information is vastly helpful to a swift and effective investigation. A person reporting alleged misconduct should not fear any retribution and/or consequence when filing a report he or she believes to be true.

Name:

Phone Number:

Email Address

Chapter Affiliation (if any):

Relationship to victim (if any):

Self

Parent/Guardian

Other Family Member

Friend or Acquaintance

Chapter Member, Instructor or Volunteer

Other or Prefer not to say

Other Information

If you have any other information that you feel would be helpful to an investigation of the alleged offense you have reported, please enter it here: