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What Youth Sports Administrators Have in Common with Paterno, Spanier, Curley & McQueryDo you realize how much YOU have in common with Joe Paterno, Graham Spanier, Tim Curley and Mike McQuery? No, these men did not commit the physical crimes against children, as did Jerry Sandusky. However, they are responsible and liable for their own actions when there is even a hint that someone is abusing a child. This blog isn’t specifically about the Penn State case and who was (or wasn’t) fired, that will all pan out in court, but it is a REALITY check for all involved with youth that no one is invincible. While the Penn State case is making national headlines because of its legendary coach and it’s football program, understand that this happens FREQUENTLY in youth sports. Most of our readers are involved in teams/leagues/youth programs in one-way or the other. Are you a coach, athletic director, team mom or a parent on the side-lines? Whatever your position, today is the day to step back and realize where exactly you fit into the lives of the kids participating in your youth sports organization. You are there to protect them at all cost. Some time ago, we did a blog on Protect Your Kids From Predators In Youth Sports. This blog is a must read for anyone that has or is involved with children. It includes an article from Sports Illustrated from actual predators in youth programs saying “This is how we got away with it …this is how you protect your kids.” (Example from the article, Did you know, Studies have found that the average preferential molester victimizes about 120 children before he is caught? DISTURBING). It also contains useful Risk Management guidelines that can be implemented TODAY!
For more articles on preventing sexual abuse and molestation, visit our blog. Shart this with others so that we all can make a difference. Criminal Background Check Stats RevealingOperation TLC2, the endorsed criminal background check provider of RPA, published its statistics for 2010. The following statistics are expressed as a percentage of total criminal background checks run on youth sports volunteers: * Percentage with criminal offenses: 15.2% * Percentage of disqualifying offenses: 3.84% Check out this link for the complete study:
Source: Mike Pfahl, Operation TLC2 What Should a League Do If a Registered Sex Offender is a Parent or Spectator?In many of our national organizations, criminal background checks of coaches and volunteers are required in order to screen for sexual offenders. Throughout our risk management materials you will find that regardless of a requirement, these screenings are highly recommended. But what should a league do when the known sex offender (per public record) is a parent or a spectator? The first direction would be to consult your local attorney since they would be familiar with the particular states laws. Also make sure that the organization is following its own rules and bylaws. The general liability policies that we write for the national organizations may require that volunteers be screened, but not the parents that are not volunteers. This is because as a general rule, only a volunteer who has repeated access to youth is in a position to “groom” them for molestation. Whether background checks are required or not, a lot can be accomplished by educating the team/league, the volunteers and the parents on inappropriate boundary invasions. More information can be found in our article Protecting Children Against Sexual Abuse and Molestation. Protecting Children Against Sexual Abuse And MolestationI recently reviewed a very good article on how to protect children against sexual misconduct in the school setting. Almost all of the advice given in this article also applies to the youth sports and recreation environment. I will review some of the highlights in this blog.
Child sexual predators fall under one of two categories: “grabbers” and “groomers”. Most sexual misconduct involves “grooming” which can easily be confused with innocent behavior. The best way to protect children against “sexual grooming” and thus sexual misconduct is to protect them against “inappropriate boundary invasions”.
Sexual grooming involves a process with the following elements:
1. Find a vulnerable child with low self confidence, low self esteem, or that is paid little attention by his or her parents.
2. Involving the child in peer like activities such as hanging out away from the ball park.
3. Desensitizing the child to touch such as by tickling, patting, stroking, or wrestling.
4. Isolating the child by spending a large amount of time with the child and urging them to keep secrets.
5. Making the child feel responsible for the sexual misconduct that has occurred.
Inappropriate boundary invasions involve the adult invading the child’s personal life or personal space by the following actions:
* Showing undue interest in a child.
* Giving gifts
* Peer like behavior like hanging out
* Granting special privileges
* Discussing adult matters
* Keeping secrets
* Being alone with, attending outings with, transporting
* Sexual jokes, showing pornography, asking sexual questions
* Hugging, kissing, physical contact
The steps for preventing inappropriate boundary invasions are as follows:
1. Educate administrators, employees, and volunteers on the definition of and interrelationship between inappropriate boundary invasions, sexual grooming, and sex abuse / molestation.
2. Expressly prohibit inappropriate boundary invasions
3. Require all employees, and volunteers to report all inappropriate boundary invasions to administration.
4. Correct and discipline offenders and those who fail to report.
It is also interesting to note that litigation for sex abuse and molestation can occur decades after the incidents since there is no statute of limitations for this type of behavior. In addition to the he alleged abuser, the legal entity, and respective directors and officers will all be sued for failure to screen, failure to respond to an allegation, or failure to implement policies and procedures to prevent occurrences. It is critical for organizations to keep all General Liability policies on hand indefinitely in the event of future litigation. In addition, the past administration will be held accountable for their lack of oversight based on today’s standards instead of past standards which were much more relaxed.
The delayed reaction nature of litigation for sexual abuse and molestation is another reason why a claims made policy form is inferior to the occurrence policy form under a General Liability policy. See prior blog on “claims made vs. occurrence”.
Source: Protecting Children From Sexual Misconduct By School Employees, Donald F. Austin and Michael Patterson, Patterson Buchanan Fobes Leitch & Kalzer, Seattle Washington.
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