COLORADO SPRINGS, Colo. — USA Fencing members should be advised that there's a new version of the SafeSport Code for the U.S. Olympic and Paralympic Movement that becomes effective on April 1, 2023.
The SafeSport Code defines:
- The U.S. Center for SafeSport’s authority and jurisdiction
- Prohibited categories of abuse and misconduct
- The Center’s process for responding to and resolving abuse and misconduct claims affecting the U.S. Olympic and Paralympic Movement.
The Code applies to all Participants (defined within) in the U.S. Olympic and Paralympic Movement — meaning all USA Fencing members. The Center’s authority related to the Movement derives from federal law. The Code was first introduced March 3, 2017 and is revised periodically.
A working draft of the 2023 Code was circulated Dec. 9, 2022 to NGBs and other stakeholders for input and feedback.
The latest version of the SafeSport Code, including the version that takes effect April 1, 2023, can always be found here.
Noteworthy Revisions
The U.S. Center for SafeSport (the Center) drafted revisions to the SafeSport Code for the U.S. Olympic and Paralympic Movement (the Code). Below is an overview of the noteworthy revisions and reasoning behind such. The 2023 Code will go into effect on April 1, 2023.
Administration and Compliance #
Changes: Added venue provision. Pg. 1.
Rationale: Clarifies the venue in which any actions related to the Code should be brought. This provision is not intended in any way to waive or limit the requirement to arbitrate as set forth in the Code.
Sexual Misconduct #
Changes: Exposing a Minor to Sexual Content/Imagery provisions relocated and provisions regarding Sexual Bullying Behavior and Sexual Hazing added to the Sexual Misconduct section. Pgs. 11-12.
Rationale: In an effort to offer greater clarity as to what constitutes Sexual Misconduct under the Code, some provisions were relocated to the Sexual Misconduct section while others, including those regarding Sexual Bullying Behavior and Sexual Hazing, were added to assist with enhanced understanding of the difference between general Emotional and Physical Misconduct and that which is sexual in nature
Other Inappropriate Conduct #
Changes: Relocated Other Inappropriate Conduct provisions. Pgs. 16-17.
Rationale: In an effort to offer greater clarity and for ease of reading, provisions regarding Other Inappropriate Conduct relocated immediately after the larger sections on Sexual Misconduct and Emotional and Physical Misconduct.
Rule 40(c) Filing Fees and Expenses and Exhibit 1, JAMS ARBITRATION FEES. #
Changes: Increase in Single arbitrator, temporary measures hearing fee. Pgs. 43, 45.
Rationale: JAMS requested fee increase given significant amount of time devoted to these hearings. Center will be responsible for $2,000 of the fee and Respondents will be responsible for $600 of the fee. Respondents may, at the discretion of the Center, obtain a hardship exemption from payment of some of these fees through written certification that they have insufficient funds to cover arbitration.
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