U.S. SENATE BILL 1877 (2011-2012) NEEDS ADDITIONAL AMENDMENT LANGUAGE

There are 2 Proposed Amendments to Child Abuse Prevention Reauthorization Act 2010 Public Law 111-320.

• Senate Bill S.1877, named “Speak Up to Protect Every Abused Kid Act” that was introduced Nov. 2011 by Senators Robert Casey (D. Pa.) and Barbara Boxer (D. Ca.) which now Feb 3, 2012 is in Senate Health, Education, Labor and Pensions Committee which I support. Its On the Committe Table.

• Additional Proposed Amendment-to Senate Bill 1877 (for purposes of identification and separation called MBMSrMD, Athlete Safety 1st Amendment)., Its Not On the Committe Table.

• CAPTA Amendment - S. 1877 - Casey and Boxer Language between brackets < > and Capitalized on the Committee Table

• and MBMSrMD Athlete Safety 1st language is between * * and Capitalized. Not on committee Table

With both the current S. 1877 language changes by Casey and Boxer and MBMSrMD, Athlete Safety 1st Amendment the Bill would read:

(2) the term `child abuse or neglect’ means, at a minimum–
`
(A) any recent act or failure to act, on the part of a parent or caretaker, “INCLUDING COACH SUBSTITUTE CARETAKERS OF SCHOOL AND NON-SCHOOL SPORTS, RECREATION AND EXERCISE”, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or an act or failure to act that presents an imminent risk of serious harm; or

(B) >ANY DELIBERATE ACT<, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child.'.

Child Athletes,~ 45,000,000/year,
• are the largest Child Health Disparity Population
• with ~8,000 Child Athlete U.S. ER visits per day,
• ~4,000 secondary to injuries and deaths that are Inherent and Natural to the games played by Athletes
• that are Not Preventable and Accidental
• and ~4,000 secondary to injuries and deaths that are NOT Inherent and Natural to the games played by Athletes,
• that are Preventable and Not-Accidental secondary to Physical, Emotional and Sexual Abuse and Human Rights violations
• during Care, Custody and Control of Coach-Substitute-Caretakers,
• who haven’t been taught their precise Substitute-Caretaker Role in Sports, Recreation and Exercise. because it has not been properly authored, published, promulgated and issued in Child Protection Law
• Therefore, some Coaches become Problematic Coach-Substitute-Caretakers that inflict, cause or create or allow to be inflicted, caused, or created Preventable and Not-Accidental morbidities and mortalities derived from Physical, Emotional and Sexual Abuse and Human Rights violations

For Details of MBMSrMD Athlete Safety 1st Amendment Details see 35 minute Pod Cast: http://www.athletesafety1st.info

The following are references about U.S. minority populations size that are totals for both adults and children for comparison to the size of ~45,000,000+ Child Athlete Population. These numbers substatiate that Child Athletes are the largest Child Health Disparity Population in comparison.

In the United States, 38.1 million people identify as African-American or black, both Adults and Children—12.4 percent of the U.S. population. [Fact Sheet, Poverty and Hunger among African-Americans, February 2011]

Among racial and ethnic groups, Hispanics grew by 3.1 percent to 48.4 million both Adult and Children and Asians Adult and Children increased 2.5 percent to 13.7 million. They now represent about 15.8 percent and 4.5 percent of the U.S. population, respectively.

Blacks, who make up about 12.3 percent of the population, increased less than 1 percent last year to 37.7 million Adults and Children.

New Census estimates show minorities added more than 2 percent in 2009 to 107.2 million people, boosted by a surge in Hispanic births and more people who described themselves as multiracial. During this time, the white population remained flat, making up roughly 199.9 million, or 65 percent, of the country.

By comparison, whites comprised 69 percent of the total population in 2000, and minorities 31 percent. [U.S. Minority Population Could Be Majority By Mid-Century Census Shows HOPE YEN 06/10/10]

"Disparities in health exist not only for adults, but for children and adolescents as well. Poor and minority children—especially Black and Latino* children—continue to lag behind White and affluent children in almost every health indicator. However, the majority of the current research is concentrated on addressing disparities in health care for adults.

Consequently, we know little about children’s health disparities or how to eliminate them. What is known is that disparities persist in the rates of infant mortality, immunizations, asthma, dental care, lead poisoning, and obesity, to name a few of the conditions that affect children.

These conditions impact many aspects of children’s development and functioning; some effects occurbefore birth, continue through adolescence, and often last a lifetime."

[IMPROVING CHILDREN’S HEALTH, Understanding Children’s Health Disparities and, Promising Approaches to Address Them, Children’s Defense Fund Washington, D.C. 2006]

____________________________________________________________________

More Detailed Descriptions of the 2 amendments

There are 2 Proposed Amendments to Child Abuse Prevention Reauthorization Act 2010 Public Law 111-320 (CAPTA).

• Additional Proposed Amendment-to Senate Bill 1877 and CAPTA (for purposes of identification and separation called MBMSrMD, Athlete Safety 1st Amendment) Recommended for addition to S. 1877 Language to follow.

• Senate Bill S.1877, named "Speak Up to Protect Every Abused Kid Act" that was introduced Nov. 2011 by Senators Robert Casey (D. Pa.) and Barbara Boxer (D. Ca.) which now Feb 3, 2012 is in Senate Health, Education, Labor and Pensions Committee which I support.

Senate Bill. 1877 Proposed Changes in to CAPTA 2010 Public Law 111-320

A. New Proposed Language of S. 1877

In addition to the current definition of child abuse in the law, child abuse or neglect would also be defined to include *any deliberate act, on the part of an individual other than a parent or caretaker, that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or that presents an imminent risk of serious harm to a child*.

In place of the language italicized in section I above, the Governor of each State would be required to certify that the State has provisions or procedures for an individual to report “suspected or known [in place of known “and” suspected] incidents of child abuse or neglect > to a State child protective service agencies (sic) or to law enforcement agencies<, which shall include a State law for mandatory reporting of > such incidents, to either type of agency, by any adult.< (Language making a change to current law is indicated in vrackets > < in S.1877).

The four main changes made in the law introduced by S. 1877 amendments thus include:

1. An expansion of the definition of child abuse to include > any deliberate act<, on the part of an individual other than a parent or caretaker that results in death, serious physical or emotional harm, or sexual abuse or exploitation, or an act or failure to act that presents an imminent risk of serious harm;”

2. Inclusion of mandatory reporting of abuse by > non-parents and non-caretakers< when a “deliberate” act results in serious harm to a child;

3. A requirement that states provide a system allowing reports of abuse or neglect be made to both the child protective service agency > and law enforcement agency<, whereas current law only requires states provide a system for reporting to the child protective service agency;

4. A requirement that mandatory reports of child abuse be made “> by any adult<.”

MBMSrMD, Athlete Safety 1st recommends an Additional Amendment to S. 1877 and CAPTA 2010, Public Law 111-320 that would be added to the language in S. 1877.

The exact MBMSrMD, Athlete Safety 1st Amendment wording is capitalized below:

SEC. 3. Geneal Definitions. In this Act—
1. the term ‘Child’ means a person who has not attained the lesser of—
A. the age of 18; or
B. except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides;
2. the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, “INCLUDING COACH SUBSTITUTE CARETAKERS OF SCHOOL AND NON-SCHOOL SPORTS, RECREATION AND EXERCISE”, which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm;

Volunteer and employed, compensated and non-compensated, school and non-school amateur Coaches do not understand their Role as “Coach-Substitute-Caretakers” in SRE.

Amateur Coaches of school and non-school Child Athletes are “Coach-Substitute-Caretakers” and have a duty to provide care as Caretakers while they have custody and control of Child Athletes during SRE participation as substitutes for their Primary Caretaker Parent, Legal Guardian or Custodian.

This Coach’s Role has been confirmed by the U.S. Surgeon General and the Kentucky Department of Community Based Services and Child Protective Services during my C.A.R.E. (KY Child Abuse Recognition Education) training, but not properly authored, promulgated and published in the CAPTA 2010 Law as described in this Pod Cast.

The 35 minute Pod Cast http://www.athletesafety1st.info describes in detail a Proposed Amendment to The Child Abuse Prevention and Treatment Reauthorization Act 2010. U.S. Public Law 111-320 that will make the current Legal Role of the “Coach-Substitute-Caretaker” ” Crystal Clear” with this appropriate amendment to the current caretaker definition language, Section 3 Paragraph 2.

MBMSrMD, Athlete Safety 1st Amendment in addition to S 1877 to CAPTA 2010 Public Law 111-320 should be enacted into Law. My proposed Amendment has a positive outcomes for all concerned parties and would:

• Make the Role of “Coach-Substitute-Caretaker” “Crystal Clear” when included and authored in CAPTA 2010
▪ Increase Awareness for Athlete Safety 1st
• Promote Child Athlete Protection, Supervision and Safety during Sports, Recreation and Exercise (SRE) participation
• Raise Awareness and Prevent all types of Child Athlete Physical, Psychological, Sexual Abuse, now Epidemic
• Prevent Cruelty to Child Athletes
• Reduce Child Athlete Abuse Syndrome (CAAS) Injuries, Deaths and Damage and their U.S. Health Care Burden, See CAAS: http://www.athletesafety1st.com
• Reduce the number of Problematic Abusive Coaches
• Prevent the Blindsiding of Coaches with Criminal and Civil Litigations because of their incomplete knowledge of their Coaching Code of Conduct and their Role as COACH-SUBSTITUTE-CARETAKER. Litigations will soon become epidemic without this amendment.
▪ When the Role of “Coach-Substitute-Caretaker” is “Crystal Clear” and included within the definitions of CAPTA 2010, the enactment of one Law for one type Child Athlete Abuse at a time, a disservice to all other forms of Child Athlete Abuse with other Pathologies, would be eliminated.
▪ Enforcement of all unlawful Coexisting Child Athlete Abuse Morbidities and Mortalities Address the Entire Child Abuse Syndrome problem
▪ Federal Control over Child Athlete Abuse would be eviscerated when Cherry Picked rather than directly recognizing and addressing the problem, the Problematic Coach Substitute Caretaker, who is the perpetrator of the current Child Athlete Sexual Abuse despicable shameful, outrageous epidemic and other types of Child Athlete Abuse.
▪ No Abused Child Athlete Should Be Left Behind

AMEND CHILD ABUSE PREVENTION AND TREATMENT REAUTHORIZATION ACT 2010 (CAPTA), FEDERAL LAW 111-320, WITH THE TERM “COACH SUBSTITUTE CARETAKER”….POD CAST: http://www.athletesafety1st.info

Pod Cast: http://www.athletesafety1st.info

NERUOPATHOLOCIAL BASIS FOR COACH PEDOPHILIA, AN ABNORMAL SEXUAL PREFERENCE

“Sexual health is a state of physical, emotional, mental and social well-being in relation to sexuality; it is not merely the absence of disease, dysfunction or infirmity.”

“Sexual health requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free of Coercion, Discrimination and Violence.”

“For sexual health to be attained and maintained, the Sexual Rights of all persons must be respected, protected and fulfilled.”

Sexual Rights embrace human rights that are already recognized in national laws, international human rights documents and other consensus statements. They include the right of all persons, free of coercion, discrimination and violence, to:

• the highest attainable standard of sexual health, including access to sexual and reproductive health care services;
• seek, receive and impart information related to sexuality;
• sexuality education;
• respect for bodily integrity;
• choose their partner;
• decide to be sexually active or not;
• consensual sexual relations;
• consensual marriage;
• decide whether or not, and when, to have children; and
• pursue a satisfying, safe and pleasurable sexual life.

The responsible exercise of Human Rights requires that all persons respect the rights of others. [35.]

“The United Nations Convention on the Rights of the Child (CRC) is an international treaty that legally obliges states to protect children’s rights. Articles 34 and 35 of the CRC require states to protect children from all forms of sexual exploitation and sexual abuse.”

“This includes outlawing the coercion of a child to perform sexual activity, the prostitution of children, and the exploitation of children in creating pornography. States are also required to prevent the abduction, sale, or trafficking of children.” [36.]

“Paraphilia (in Greek para παρά = beside and -philia φιλία = friendship, meaning love) is a biomedical term used to describe sexual arousal to objects, situations, or individuals that are not part of normative stimulation and that may cause distress or serious problems for the paraphiliac or persons associated with him or her. A paraphilia involves sexual arousal and gratification towards sexual behavior that is atypical or extreme. [4.]

Before the introduction of the term paraphilia in the DSM-III (1980), the term sexual deviation was used to refer to paraphilias in the first two editions of the manual American Journal of Psychiatry describes paraphilia as “recurrent, intense sexually arousing fantasies, sexual urges, or behaviors generally involving:

1. Non-human objects
2. The suffering or humiliation of oneself or one’s partner
3. Children
4. Non-consenting persons [5.]

Erotic is defined as tending to arouse sexual love or desire, strongly marked, sexually driven and affected by sexual desire the condition of being sexually stimulated. [1.]

The Usual, Customary type of Discrimination refered to is defined by the following:

• Non-Erotic
• Self-Gratification-Against, Dislike-for a person or group
• Negative attitudes and prejudice to another based on socio-cultural choices
• Preconceived judgment and opinion of another
• Action of irrational attitude of hostility toward another
• Disregard another’s Human Rights
• Objective: Hate, Victem Harassment and Destruction
• Directed against an individual or a group because of their differences from the others, usually race, religion, ethnicity, age, sexual orientation, language, disabililty. [1.]

Pedophiliac Sexual Discrimination or Erotic Preference is a Pathological Disorder. The Sexual Rights of Child Victims, when they are victimized, have been disrespected, unprotected, and unlawfully destroyed.

Sexual Rights are recognized in national and international Human Rights and Laws. Child Victims are coerced, targeted (discrimination, Bias) and violated. Pedophiliac Sexual Preference is Characterized by Abnormal Pedophilic Behaviors and Dangerous Paraphiliac Children Effects:

• Sexual arousal and stimulation elicited by contact with Children who are not normal groups of persons like adults that should elicit healthy arousal and stimulation
• Pedophiliac sexual actions likewise initiate physical danger and/or emotional distress and other serious consequences for the Paraphiliac Victimized Children who become associated with the Pedophiles
• Pedophiliac sexual actions are not conscious choices but Pathological Responses to sensory stimuli from Children, primarily visual
• Pedohiliac sexual actions with Children are always Criminal Actions in the U.S.

“The paraphilias are bizarre and disturbing phenomena of abnormal human sexual preference. How is it that a small fraction of human beings, and most often men, can have eroto-sexual preferences for objects (such as shoes), or parts of the human body (such as the hair or feet), for inappropriate partners (such as animals or children), or for behavioral traits (such as sadism or lust-murder)?”

“However, those human beings afflicted with paraphilias show deep seated and bizarre eroto-sexual preferences, which indicate that something has gone profoundly astray during their childhood or perhaps during adolescence, to inappropriately condition sexual arousal.”

God and His Laws of Nature put sexual “drive into human beings for a very important reason, the preservation of the human race. If a person stops eating, he will die. If we all stopped having sex, the human race would die.”

Behaviors enacted in response to powerful biological appetites, be it for food or for sex, can become associated with some degree of volitional impairment.

Calling a condition a disorder always involves a bad outcome. Pedophilia is considered a disorder because of its bad consequences and permanent damage to Children and Youth..

“Men with pedophilia get erections when fantasizing about children. Heterosexual men get erections when fantasizing about women. In neither case is that so because the individual in question has somehow decided ahead of time to program his mind to work in such a fashion.”

Persons with Pedophilia have simply not chosen toexperience an alternative state of mind. [29.]

“But a disorder it most assuredly is. This is bizarre and abnormal disorder of sexuality. It cannot be truly “consensual,” as in the case of sexual activity involving adults. The child is always at risk of being manipulated or disadvantaged by an adult in such relationships.”

A master manipulator, “a pedophile can inappropriately interact with an unsuspecting child and set up an agenda for intimacy.” [22.] [23.]

“As a medical diagnosis, pedophilia (or paedophilia) is defined as a psychiatric disorder in adults or late adolescents (persons age 16 or older) typically characterized by a primary or exclusive sexual interest in prepubescent children (generally age 13 years or younger, though onset of puberty may vary). The child must be at least five years younger in the case of adolescent pedophiles (16 or older) to be termed pedophilia.
International Statistical Classification of Diseases and Related Health Problems”

The International Classification of Disease Code for Pedophilia 2012 ICD-9-CM Diagnosis Code is - 302.2, The code 302.2 is a billable medical code that can be used to specify a diagnosis on a reimbursement claim. It will convert to ICD-10-CM
[24.][25.][26.][27.]

Paraphilia and Pedophilia are not socio-cultural choices. There are Neuropathological bases for these disorders. Pedophilia is not a conscious choice. There are underlying Central Nervous System Pathological Abnormalities. Pedophilia can be heterosexual, homosexual, bisexual, transexual etc.

The Pedophiles Erotic Discriminations or Deviant Sexual Preferences for Child Victems, including Child and Youth Athletes, are not socio-cultural choices and don’t follow the usual defintion of Discrimination. They are Central Nervous System Pathological Based Abnormalities.

Pedophiles may engage in a wide range of sexual acts with children. When confronted about engaging in such activities, pedophiles commonly justify and minimize their actions by stating that the acts “had educational value,” that the child derived pleasure from the acts or attention, or that the child was provocative and encouraged the acts in some way.[9.]

A U.S. Department of Justice manual for law enforcement officers identifies 5 common psychological defense patterns in pedophiles:[10.]

• Denial (e.g., “Is it wrong to give a child a hug?”)
• Minimization (e.g., “It only happened once.”)
• Justification (e.g., “I am a boy lover, not a child molester.”)
• Fabrication (activities were research for a scholarly project), and
• Attack (character attacks on child, prosecutors, or police, as well as potential for physical violence).

Child molestation is not a medical diagnosis and is not necessarily a term synonymous with pedophilia.[11.] A child molester is loosely defined as any individual who touches a child to obtain sexual gratification with the specifier that the offender is at least 4 to 5 years older than the child. The age qualifier is added to eliminate developmentally normal childhood sex play (e.g., two 8-year-olds “playing doctor”).[12.] [15.]

Coach Pedophilia Sex with Child and Youth Athletes is about the powerful over the powerless, because of the Power Gap between the Coach and Child Athlete.

“Pedophiles use varying degrees of persuasion, coercion, and physical force in their sexual assaults. Pedophiles may also display aggressiveness and characteristics of hostility in nonsexual areas of their behavior.” [16.] Their encounters might mingle violence with erotic desire.

Consent implies that the individual is of legal age. The age of consent or legal age varies from one jurisdiction to the next. Usually the age of consent is 18.

Pedophiles argue there is no “force” or “coercive” actions that pressure the child into the sexual acts. The Pedophile equates the lack of force and coercion as consent on the part of the Child.”

“What the Pedophile is actually referring to is that the sexual act was “mutual”. All mutual sexual acts with children are illegal because the Child is not legally allowed to consent to sex/ Because of the minor age of the Child, the sex acts with adults are extremely physically and psychologically harmful to the Child. [28.]

The Problematic Pediphilic Coach has a complex Neuropathological basis for his/her disorder. There are “wires crossed”, so to speak, in their Central Nevrous System.

“Study findings supported increased prevalence of Childhood Sexual Abuse along with elevated propensity towards cognitive distortions and psychopathy in individuals with pedophilia vs. healthy controls.

Individuals with pedophilia had higher rates of Childhood Sexual Abuse, more schizoid traits, and lower impulsivity and behavioral psychopathy scores.

On phallometry, individuals with pedophilia showed higher erectile response overall but evidence of erotic discrimination, with clear preference for pedophilic rather than adult female stimuli.

Penile tumescence is the vacular reaction within the penis after arousal causing erection. The largest reactions for normal individuals were elicited by the physically mature adult female.” [8.]

“Individuals with pedophilia showed elevations both in traits related to aberrant motivation and to impaired inhibition.

Heterogeneity among these traits may reflect the degree to which pedophilic urges and behavior pertain to either aberrant motivation or impaired inhibition.” [2.]

“A psychobiological model of pedophilia is proposed that conditions lead to neurodevelopmental abnormalities in the temporal regions mediating sexual arousal and erotic discrimination and the frontal regions mediating the cognitive aspects of sexual desire and behavioral inhibition.

In this way, pedophiles develop deviant pedophilic arousal. Subsequently, if there is comorbid personality pathology, specifically sociopathy and cognitive distortions, there will be failure to inhibit pedophilic behavior.” [3.]

“Research that seeks Neuropsychiatric Differences between pedophiles and the general population, the prison population, and other sexual offenders has been undertaken.

Neuropsychiatric differences of the Pedophile:

• Lower IQ (though this is controversial)
• Prominence of left-handedness
• Impaired cognitive abilities
• Neuroendocrine differences
• Brain abnormalities
• Possible neurochemical differnces, especially in serotonin levels
• Other psychiatric disorders [7.]

“Most child molesters are true pedophiles, that is, they prefer sex with children over sex with adults. Most of them don’t like sex with adults at all, or at least not much.
Pedophilia is a problem of desire.”

Sexual Sadism is a PARAPHILIA in which sexual gratification is derived from hurting, humiliating, or otherwise inflicting physical or psychological suffering on another. [34.]

“Sexual sadism refers to the derivation of sexual pleasure from the infliction of pain, suffering and/or humiliation upon another person. The pain and suffering of the victim, which may be both physical and psychological, is pivotal to the sexual arousal and pleasure. The ICD-10 (World Health Organization, 1992) defines sadism as “preference for sexual activity that involves bondage or infliction of pain or humiliation.”

ICD-9 (International Classification of Disease) for Sexual Sadism code - 302.84

The Preferential Pedophile has two subtypes:

1. “The Seductive Pedophile is also known as the fixated type. They are usually homosexual men that prefer male victims. Their seduction process involves buying the future victim gifts or helping them with various things. They became a friend the victim can lean on. As the bond grows sexual innuendo is slowly brought in to the relationship. The may show them pornographic pictures or videos. The aim to confuse their victim about sex and then once the abuse begins they blame the victim. They often have friends that are also pedophiles and they network. This network uses the Internet to find victims and search for pornography. They have a list of potential victims and they know where to find them.

2. “The Sadistic Pedophile is grotesque when it comes to sexual preferences. They severely abuse their victims and sometimes kill them. They search for the perfect victim and they will travel long distances to gain access to the victim. They stalk and then attack and/or abduct their victim. Their abductions are typically designed to confuse the parents and the authorities. This type of pedophile is usually intelligent and middle to upper class. They like to be on the move and they like change. [33.]

“Pedophiles, child molesters, sexual offenders…all these names apply to those that stalk and molest our children. They are dangerous and often invisible to us.

NEUROPATHOLOGY AND NEUROBIOCHEMICAL CHANGES IN PEDOPHILA

“A high comorbidity of impulse control disorders (eg, explosive personality disorder, kleptomania, pyromania, pathological gambling) has been noted in pedophiles (30%-55%).7 These factors have been postulated to indicate that pedophiles may have Neurodevelopmental Distresses.”

A study by Schiffer et al, found decreased gray matter volume bilaterally in the ventral striatum, insula, orbitofrontal cortex, and cerebellum of the pedophiles. the existence of disrupted neurophysiologic attributes.

“The temporal lobe findings deserve special attention. It has long been known that certain medical conditions, such as temporal lobe epilepsy and Kluver-Bucy syndrome (bilateral lesions in the temporal lobes), can lead to hypersexual or hyposexual behavior.23 Several studies indicate that the temporal lobe is involved in erotic discrimination and arousal thresholds.

“As previously mentioned, these changes commonly occur with other conditions, such as certain personality disorders, which are also found in a large number of pedophiles.

“A question this raises is whether some of the changes noted in pedophiles are related to problems of brain development and maturation or represent brain changes that have resulted from life experiences, such as being physically abused and sexual victimized themselves as children.

Studies of neurochemical differences in pedophiles vs controls have also been performed. A particular area of interest is serotonin function and metabolism.

“Serotonin has long been known to play a role in impulse control disorders such as OCD and is theorized to have significance in the paraphilias. Pedophiles had a serotonergic disturbance, most likely caused by the decreased activity of the presynaptic serotonergic neuron and hypersensitivity of the serotonin 2 postsynaptic receptor.

“A study by Blanchard et al found the mean intelligence rating of bisexual and homosexual pedophiles was significantly lower than heterosexual offenders (either pedophile or teleiophile). The study by Blanchard et al10 also indicated that the lower the intelligence of the offender, the younger the age of the abused child.

“Another study by Blanchard et al11 the hypothesis that neurodevelopmental differences or injuries in early childhood may result in one being sexually oriented toward children.

Environmental factors may predispose individuals to become pedophiles. Pedophiles often report environmental stress as a factor that increases their urges or desire to offend against children.

“One of the most obvious examples of an environmental factor that increases the chances of an individual becoming an offender is if he or she were sexually abused as a child. Studies that examined females who committed sexual acts against children reported that 47% to 100% of them had experienced sexual assault as children.

“Individuals who engage in homosexual pedophilia were more likely to have been abused than individuals who engage in heterosexual pedophilia.

Of note, although abused individuals are more likely to abuse others, most individuals who are abused do not perpetuate the cycle.” [7.]

“We have, above all, the studies of the American social psychologist and social harmony researcher James W. Prescott, who garnered public attention by elucidating the connections between child-rearing, sexual behavior, and violence-potential in various world cultures.

“The quintessence of these studies is the thesis that certain cultures go a long way towards raising children in a love-starved, tactilely-nourishing-deprived environment and moral code in which pre-marital sexuality is prohibited, an environment in which they are drowning in chaos and violence. That is because violence, as Prescott established scientifically, originates from a compensation reaction on the part of the mind to a lack of (tactile) pleasure”. [17.]

“T.W. Campbell who, synthesizing forty years of neurological research, has concluded that the impetus for every kind of human act of human aspiration is pleasure. If we now prevent the attainment of such pleasure, the human mind compensates for this lack by stimulating the brain’s violence center. Neurologically speaking, the pleasure and violence centers are regarded as being in a zero-sum stasis. The more the pleasure-center is activated, the less active is the violence-center, and vice versa.” [18.]

“One is able to say that love and violence are mutually exclusive from Prescott’s sutdies of tactile-nourishing deprivations in childhood. The more lovingly, affectionately and tactilely nourishing someone is raised up, the more physical joy he or she has already experienced as a child, the less violent he or she will be in later life. 17.]

But “Sex Actions” are not always love. Thus violence is not mutually exclusive during all “Sex Actions”. “Going all the way” is is not love but casual “Sex Action” and can be acompanied by violence..

“Precious love is quite another thing. It is experienced when two people are totally committed to each other and have the security of marriage. Devout Belivers believe “Sex Actions” and God’s way are best. [19.]

“A study published in the Feb. 9 issue of Nature indicates that sex and violence are intertwined in the male brain. Deep within the brain of expermental mice is a circuit of cells that determine whether they fight or mate. Neuroscientists believe that human brains are wired similarly.”

“Dr. Clifford Saper of Harvard Medical School points out that sex and violence are inseparably linked in a chain that leads to the survival of a species. Fighting off invading males preserves territory and sex with females passes on genetic line.

Even in humans, stimulation of the VMH is known to produce aggressive behavior. Dr. Newton Canteras of the University of São Paulo in Brazil believes further study will reveal that sexual behavior is centered in the same area of the human hypothalamus. Such knowledge may also help scientists understand and treat violent sex criminals [21.]

Abnormal Coaching Pedophile Behaviors are the Pedophiles Erotic Discriminations or Deviant Sexual Preferences for romantic encounters with Child and Youth Athlete victems. These Acts do not follow the usual, customary defintion of Discrimination and Bias. They are Central Nervous System Pathological Based Abnormalities.

Coach Neuropahological Pedophile Behaviors are deeply centered within the brain of the central nervoux system where the region for subconscious, instinctive Sexual Drive, Self Defense and species Survival are centered. The Center when altered pathologically manifests itself with Pedophillic Sexual Self-Gratification and Sadistic Child Athlete Victimization and Destruction

Study: “To examine whether pedophilic perpetrators show structural neuronal deficits in brain regions that are critical for sexual behavior and how these deficits relate to criminological characteristics.”

“Pedophilic crime causes considerable public concern, but no causative factor of pedophilia has yet been pinpointed. In the past, etiological theories postulated a major impact of the environment, but recent studies increasingly emphasize the role of neurobiological factors, as well. However, the role of alterations in brain structures that are crucial in the development of sexual behavior has not yet been systematically studied in pedophilic subjects.”

“Pedophilic perpetrators showed a significant decrease of right amygdalar volume, compared with healthy controls (P = .001). We observed reduced gray matter in the right amygdala, hypothalamus (bilaterally), septal regions, substantia innominata, and bed nucleus of the striae terminalis. In 8 of the 15 perpetrators, enlargement of the anterior temporal horn of the right lateral ventricle that adjoins the amygdala could be recognized by routine qualitative clinical assessment. Smaller right amygdalar volumes were correlated with the propensity to commit uniform pedophilic sexual offenses exclusively (P = .006) but not with age (P = .89).”

“Pedophilic perpetrators show structural impairments of brain regions critical for sexual development. These impairments are not related to age, and their extent predicts how focused the scope of sexual offenses is on uniform pedophilic activity. Subtle defects of the right amygdala and closely related structures might be implicated in the pathogenesis of pedophilia and might possibly reflect developmental disturbances or environmental insults at critical periods.” [30.]

“Compared to the homosexual and heterosexual control subjects, pedophiles showed decreased gray matter volume in the ventral striatum (also extending into the nucl. accumbens), the orbitofrontal cortex and the cerebellum. These observations further indicate an association between frontostriatal morphometric abnormalities and pedophilia. In this respect these findings may support the hypothesis that there is a shared etiopathological mechanism in all obsessive-compulsive spectrum disorders.” [31.]

“A Case Report Study and Report revealed that Orbitofrontal abnormalities are associated with poor impulse control, altered sexual behavior, and sociopathy.”

“A patient with acquired pedophilia and a right orbitofrontal tumor who was unable to inhibit sexual urges despite preserved moral knowledge.”

“The patient displayed impulsive sexual behavior with pedophilia, marked constructional apraxia, and agraphia. The behavioral symptoms and constructional deficits, including agraphia, resolved following tumor resection.”

“For patients with acquired sociopathy and paraphilia, an orbitofrontal localization requires consideration. This case further illustrates that constructional apraxia can arise from right prefrontal lobe dysfunction. Agraphia may represent a manifestation of constructional apraxia in the absence of aphasia and ideomotor apraxia.” [32.]

A growing body of research points to a possible prenatal neurodevelopmental correlation. A 2008 study determined that males with a pronounced degree of fetish interest had findings that would indicate excessive prenatal estrogen exposure and suggestions that disturbed hemispheric brain lateralization may play a role in deviant attractions [6.]

“Pedophilia is a complex, often compulsive, psychosexual disorder with profound implications for the abused child, the perpetrator, and community. It is important for physicians to understand the various types of Pedophiles, the profile of the abused children, and the offenders’ responses to treatment and their risk for repeated offense.” [7.]

Coach and all Pedophiles intensely desire, give sexual preference and select romantically Children for their sexual targets. Pedophilia is a form of Sexual Preference Discrimination. The Pedophile’s objective is Sexual Self-Gratification which is a subconscious, instinctive Sexual Drive.

The despicable damaging consequences to Children are Sadistic Child Victimization, Psychological Destruction. and, potentially. Physical Devastation and Spiritual Annihilation. Pedophilia is the worst of the worst “Sex Crimes” even when the target is not murdered after these atrocious sexual actions. They paralyze the Child Victim, Perpetrator and community

“A nation…cannot survive treason from within…the traitor …wears the face of his victims,…and he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation—he works secretly…he infects the body politic so that it can no longer resist. A murderer is less to be feared…….” Cicero, 42 B.C.E. [20.]

1. [Meriam Webster Dictionary]
2. [Identifying the Psychobiological Correlates of Pedophilic Desire and Behavior: How Can We Generalize Our Knowledge Beyond Forensic Samples? Lisa J. Cohen, Ph.D. and Igor I. Galynker, M.D., Ph.D,.Beth Israel Medical Center, Albert Einstein College of Medicine, New York, NY]
3. [Heterosexual male perpetrators of childhood sexual abuse: a preliminary neuropsychiatric model. Cohen LJ, Nikiforov K, Gans S, Poznansky O, McGeoch P, Weaver C, King EG, Cullen K, Galynker I. Psychiatr Q. 2002 Winter;73(4):313-36.]
4. [Diagnostic and Statistical Manual of Mental Disorders, 1994.][Wikipedia]
5. [American Psychiatric Association. (2000). Diagnostic and statistical manual of mental disorders (4th ed., text rev.). Washington, DC: Author.][wikipedia]
6. [Rahman & Symeonides, Q; Symeonides, DJ (2008). "Neurodevelopmental correlates of paraphilic sexual interests in men". Archives of Sexual Behavior 37 (1): 166–172]]
7. [A Profile of Pedophilia: Definition, Characteristics of Offenders, Recidivism, Treatment Outcomes, and Forensic Issues, Ryan C. W. Hall, MD and Richard C. W. Hall, MD, PA , Mayo Clinic Proceedings April 2007 vol. 82 no. 4 457-471]
8. [Erotic Preference, Gender Identity and Aggression in Men, Ron Langeven ed.]
[9.] Child Sexual Exploitation Update, 2004; 1(no. 3). Available at www.ndaa.org
[10.] Lanning, K.V., Child Molesters: A Behavioral Analysis. 4th ed. Alexandria, VA: National Center for Missing & Exploited Children; 2001
[11.] Murray, J.B., “Psychological profile of pedophiles and child molesters,” Journal of Psychology. 2000; 134:211-224
[12.] Abel, G.G., Becker, J.V., Cunningham-Rathner, J., Mittelman, M., Rouleau, J.L., “Multiple paraphilic diagnoses among sex offenders. Bulletin of the American Academy of Psychiatry & The Law. 1988; 16: 153-168.
[13.] Justice Research and Statistic Association http://www.jrsa.org/ibrrc/background-status/nibrs_states.shtml
[14.] Abel, G.G., Harlow, N., “The Abel and Harlow child molestation prevention study,” Excerpted from The Stop Child Molestation Book, Philadelphia, PA: Xlibris; 2001]
15. [mental health and beyond by E. Diane Champe, We Are Adult Survivors of Child Abuse and Neglect Pedophilia Versus Child Molestation – Part 2 July 11, 2011]
16. [.Are pedophiles with aggressive tendencies more sexually violent? Greenberg DM, Bradford JM, Curry S, Bull Am Acad Psychiatry Law. 1996;24(2):225-35. PubMed]
17. [James W. Prescott, "Body Pleasure and the Origins of Violence." Bulletin of the Atomic Scientists, 10-20 (1975), in part also published in The Futurist, April 1975.]
18. [T.W. Campbell, The Pleasure Areas, London: Eyre Methuen Ltd., 1973.]
19. [Youth World Lesson 4: Understanding the Sex Jonathan David]
20. [Vatic Master, The Vatic Project,11/19/2011]
21. [Sex and violence may intertwine in same brain cell circuit by Steve Tarlow February 10, 2011, NewYType.com]
22. [Abnormal Eroto-sexual Preferences in Human Beings: The Nature of Pedophilia Alan F. Dixson, D.Sc., Center for Reproduction of Endangered Species, Zoological Society of San Diego, POB 120551, San Diego, California 92112-0551]
23. [Archives of Sexual Behavior, Vol. 31, No. 6, December 2002, pp. 479–503 (°C 2002) Peer Commentaries on Green (2002) and Schmidt (2002) Pedophilia: When Is a Difference a Disorder? Fred S. Berlin, M.D., Ph.D., National Institute for the Study, Prevention and Treatment of Sexual Trauma, 104 E. Biddle St., Baltimore, Maryland 21202]
24. [Diagnostic and Statistical Manual of Mental Disorders DSM-IV TR (Text Revision). Arlington, VA, USA: American Psychiatric Publishing, Inc.. 2000-06. p. 943. doi:10.1176/appi.books.9780890423349. ISBN 978-0890420249]
25. ["Pedophilia". Encyclopædia Britannica. http://www.britannica.com/eb/article-9058932.]
26. [Seto MC.(2009) Pedophilia. Annual Review of Clinical Psychology 5:391-407.]
27. [Section F65.4: Paedophilia (online access via ICD-10 site map table of contents)."Pedophilia". ICD-10.]
28. [Pedophilia: More Than A Moral Dilemma Dean Fazekas, M.S.S.A., Adult Sex Offender Treatment Program, 2103 Clark Ave., Cleveland, Ohio 44109]
29. [Archives of Sexual Behavior, Vol. 31, No. 6, December 2002, pp. 479–503 (°C 2002) Peer Commentaries on Green (2002) and Schmidt (2002) Pedophilia: When Is a Difference a Disorder? Fred S. Berlin, M.D., Ph.D., National Institute for the
Study, Prevention and Treatment of Sexual Trauma, 104 E. Biddle St., Baltimore, Maryland 21202]
30. [Brain pathology in pedophilic offenders: evidence of volume reduction in the right amygdala and related diencephalic structures., Schiltz K, Witzel J, Northoff G, Zierhut K, Gubka U, Fellmann H, Kaufmann J, Tempelmann C, Wiebking C, Bogerts B., Department of Psychiatry, Otto von Guericke University, Magdeburg, Saxony-Anhalt 39120, Germany]
31. [Structural brain abnormalities in the frontostriatal system and cerebellum in pedophilia. Schiffer B, Peschel T, Paul T, Gizewski E, Forsting M, Leygraf N, Schedlowski M, Krueger TH., Department of Forensic Psychiatry, University Hospital Essen, University of Duisburg-Essen, Essen, Germany. boris. J Psychiatr Res. 2007 Nov;41(9):753-62. Epub 2006 Jul 31]
32. [Right orbitofrontal tumor with pedophilia symptom and constructional apraxia sign. Burns JM, Swerdlow RH., Department of Neurology, University of Virginia Health System, 1 Hospital Dr, Charlottesville, VA 22908, USA. Arch Neurol. 2003 Mar;60(3):437-40]
33. [Pedophiles and their characteristics, Child Safe Tips]
34. Miller-Keane Encyclopedia and Dictionary of Medicine, Nursing, and Allied Health, Seventh Edition]
35. [Defining sexual healthReport of a technical consultation on sexual health 28–31 January 2002, Geneva Geneva, 2006, World Health Organization.]

CHILD-ATHLETE-BASED DISCRIMINATION AND EXPLOITATION

Children from all walks of life converge on America’s playgrounds and Sports facilities, daily, with the expectation that their differences will be respected and that the Coach will provide an environment that nurtures their diversity and the Coach will protect and properly supervise them. But all coaches are not the same. Some are Problematic Coaches.

Child and Youth Athletes are not treated the same as other Non-Athlete Children and Youth in their populace by Problematic Coaches. They are subjected to more Preventable, Not-Accidental Morbidity and Mortality, more catastrophic injuries and chronic disabilities during and years after Sports Participation that negatively impact their quality of life.

Discrimination is the realization that some people have differences, variations and contrasts but other people don’t accept those differences. [8.]

“Discrimination is the prejudicial treatment of a person or group based on class or category (or certain characteristics).”

“Discrimination is an assault on the very notion of Human Rights. Discrimination is the systematic denial of certain peoples’ or groups’ full Human Rights because of who they are, what they do or what they believe.” [19.]

“Discrimination against children can be more severe than that against adults because children often have less social power. In part, this can be attributed to the lack of recognition of children’s rights and children’s dependence on adults to make decisions for them, reinforced by society’s reluctance to relinquish that decision-making power until the child reaches the accepted age of consent.”

Exploitation is an act that exploits, unfairly treats, victimizes or uses someone’s qualities, attributes and abilities for their own advantage i.e. Child Athlete Sexual Abuse and Utilization of Child Athletes for selfish purposes advertising, publicity, and money. [6.]

The Erotic Discriminations and Child Ahtete Exploitations of Coach Pedophiles are not socio-cultural choices and don’t follow the usual defintion of Discrimination and Exploitation. They are Central Nervous System Pathological Based Abnormalities and Discriminations. [33.]

In the case of Child Athletes, the diversity subject of this publication is their Innocent, Susceptible, and Vulnerable Age when trained by a Problematic Coach.

Child and Youth Athletes share a unique vulnerability and susceptibility and need special protection to promote their physical, mental, spiritual, moral, and social development.

Recent research has shown that excessive sports practice and pressure associated with performance sport are considered a violation of children’s rights. Some sports are considered among the ‘worst forms of child labour’ due to the dangerous nature of the sport itself. [31.]

Stereotypically Macho Child and Youth Athletes, who are not “Little Macho Adults,” are Exploited and Abused by Problematic Coaches that some Problematic Parents and Sport Societies support with defective “logic” and motivation. [29.] [30.]

Let’s be clear from the beginning. This report is about “Problematic Coaches”. Not all Coaches are “Problematic”. In fact, the majority, are dependable, trustworthy, mentors. But a few bad apples spoil the lot, just like Doctors, Lawyers, Judges, Teachers, Ministers, Boy Scout leaders etc. The reams of paperwork and laws line the walls of growing Court Houses because of the Criminal minority.

CHILD ATHLETE ABUSE SYNDROME IS A SHORT TITLE For A CLUSTERING OF CHILD (<18) OR YOUTH (15-24) ATHLETES’ SERIOUS INJURIES, PATHOLOGIES and/or DEATHS SECONDARY TO:

►PHYSICAL ENDANGERMENT, MALTREATMENT and/or ABUSE
► PSYCHOLOGICAL ENDANGERMENT, MALTREATMENT and/or ABUSE
► SEXUAL ABUSE
► HUMAN RIGHTS VIOLATIONS
► FAILED CHILD CUSTODIAL PROTECTION
► NEGLIGENT COACHING CARE-GIVING SUPERVISION
► THAT WAS INFLICTED, CAUSED, CREATED, OR ALLOWED TO BE INFLICTIED, CAUSED, CREATED, DIRECTLY OF INDIRECTLY BY THE PROBLEMATIC COACH.
► CAAS can cause chronic, long lasting effects on Child Athlete victims.

These can also be considered Child-Athlete Discrimination or Bias-Motivated Crimes; not only Child Abuse and Neglect. A Bias-Motivated Crime is a legal category used to describe a prejudice or preconception about certain personal characteristics i.e. different appearance, different nationality, language, race, religion, sexual orientation, disability, class, ethnicity, gender, social status, political affiliation and different age.

“This publication is about Child-Athlete-Age-Bias–Motivation secondary to the Preconception that Child Athletes are “Little Macho Adult” Athletes by Problematic Coaches during Sports Participation.

“In the 1970s, our sporting culture began a drastic shift. Sports became big business. Although professional athletics certainly existed before this, sports historically considered amateur for youth, were, in reality, becoming more and more professional in terms of long-term objectives.”

“Youth soccer, basketball, football, and hockey leagues were being increasingly defined as breeding grounds for future pro athletes, rather than as organizations that taught fair play and provided a safe place for having fun and making friends.”

Thus Child and Youth Athletes were becoming “professionalized” and nowadays Parents and Coaches are obsessed with their Athletic success.

Young Athletes have been encouraged to specialize in one sport and play that Sport year-round. However, “children’s bones and musculature are not nearly as developed as those of adults.”

The successes of the tennis Williams sisters and golfer Tiger Woods reinforce early specialization and Parents and Coaches buy-in.

Expert (The AAOS) research has shown when children engage in the same type of physical movements repeatedly, multiple serious orthopedic injuries develop and cause permanent damage. [29.] [30.]

Until 1960 Children were deemed simply “Little Adults”. Human Growth and Development and Developmental Psychology were merely theoretical terms, not lectured and not practiced. Few understood those sciences.

Jean Piaget began was born in Switzerland in 1896. He pioneered many fields of science including genetic epistemology “a branch of philosophy that investigates the origin, nature methods, and limits of human knowledge”, cognitive theory, and developmental psychology.

However, for many years there was no interest. “Between 1932 and 1950 not a single one of his books were translated into English. But by 1960 his ideas were being jubilantly rediscovered by American psychologists.” [26.]

Piaget emphasized that Children are not “Little Adults” and have their own pace of Human Growth and Development of Knowledge, Cognitive Ability and Psychology. Therein is the fatal flaw of the Problematic Coach.

Problematic Coaches err with Piaget’s and contemporary scientists’ theory by attempting to make Child Athletes behave mentally, physically and athletically like “Little Adult Athletes”. Those tactics and that bias are is developmentally inappropriate and too advanced for Child Athletes.

Piaget notes that every child develops at a different rate. Instead of holding each child to a set of uniform adult standards, for example, the Child Athlete’s performance should be on “an individual Child basis.”

“The stages of intellectual development formulated by Piaget appear to be related to major developments in brain growth. The human brain is not fully developed until late adolescence or in the case of males sometimes early adulthood.” Problematic Coaches often expect children to think and act like adults when they are not yet capable of doing so.

Coaches expectations for their child Athletes at a given age “must be realistic and in line with their Age of Development.” [22.][23.][24.][25.]

As described above, after 1970 Young Athletes began becoming professionalized. Their Role as Children with Athlete Safety 1st has been double jeopardized because they are perceived as “Professionalized Macho Little Adult Athletes”. Child and Youth Athletes have become sandwiched between an Old Cultural Tradition and a New Coaching Custom.

In addition to experiencing discrimination as a group age less than 18, children face discrimination on all the other grounds describe above or a combination of such factors.

“All forms of discrimination against children are exacerbated by virtue of the victims’ age and vulnerability, which provide them fewer opportunities to be heard or to challenge any discriminatory acts perpetuated against them.”
‘
”Although the UN Convention on Rights of the Child (CRC) only mentions certain grounds of discrimination explicitly, it recognizes the possibility of other grounds of discrimination from which children are entitled to protection.”

“However, despite numerous measures designed to eradicate it, discrimination remains rampant.”

“As a result, a number of other human rights treaties such as the UN Convention on the Elimination of All Forms of Racial Discrimination (CERD), the Convention on Elimination on All Forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of the Child (CRC) have been ratified separately to help guarantee the full spectrum of rights (civil and political, as well as economic, social and cultural rights) for specific groups of people.”

“In 1989, world leaders decided that children need special protection. Every year millions of children worldwide are subjected to violence, exploitation, trafficking, discrimination or other abuses.

“Millions more remain without adequate protection. Protecting children from violence, exploitation and abuse is an integral component of protecting their rights to survival, growth and development.

“The CRC is the first legally binding international instrument to incorporate the full range of children’s human rights—civil, cultural, economic, political and social rights—in a single text. The Convention sets out these rights in 54 articles which can be grouped into three broad categories.

“Protection rights: These rights include protection from all forms of child abuse, neglect, exploitation and cruelty, including the right to special protection in times of war and protection from abuse in the criminal justice system. [20.]

CHILD AND YOUTH AMATEUR ATHLETE HUMAN RIGHTS [Numbers refer to the Section of the Treaty 1989 United Nations Convention on the Rights of the Child]

• Right to non-discrimination 2
• Principles of the Best Interests of the Child 3
• Right to provide appropriate direction and guidance 5
• Right of Development 6
• Right to an identity and nationality 7
• Right not to be separated from their parents 9
• Right to have their views taken into account 12
• Freedom of Expression and Association 13 15
• Protection of privacy 16
• Right to access appropriate information 17
• Protection from Abuse and Neglect and other forms of Violence 19
• Right to Health 24
• Right to Education 28 29
• Right to rest, leisure, recreation and cultural activities 31
• Right to be protected from
1. Economic exploitation 32
2. Illegal drugs 33
3. Sexual exploitation 34
4. Abduction, trafficking, and sale 35
5. Other forms of exploitation 36
6. Right to benefit from Rehabilitation Care 39
7. Right to Due and Fair Process 40 [21.]

A CHILD-CENTRED SPORT SYSTEM has 10 fundamental principles:

• Equity, non-discrimination, fairness
• Best interest of the child, children first
• Evolving capacities of the child
• Subject of Rights, exercise of Rights
• Consultation, the child’s opinion, informed participation
• Appropriate direction and guidance
• Mutual respect, support and responsibility
• Highest attainable standard of health
• Transparency, accountability, monitoring
• Excellence [21.]

The grounds for Discrimination for fifty-three (53) categories of Children have been identified by the Children’s Rights International Network Committee after examination of submitted reports.

These grounds are reasons that have been specified by law that will serve as a basis for demanding relief. Child-Athlete-Based Discrimination grounds exist because of the following manifestations:

• Age of the Child, 18 years and less
• Physical and Psychological (Emotional) Maltreatment and Endangerment resulting in serious injuries and death, Sexual Abuse and Human Rights Violations after Children are placed in Substitute Care
• Children whose Freedom and Rights are violated. Suffer Human Rights disorders [6.]
• Children subjected to Violence and Abuse after placed in Substitute Care[1.]
• Child and Youth Athlete Health Disparity Population [5.]
• Ignorance of the Law concerning the tight entwinement of the Coach-Substitute-Caretaker + Child Athlete + State, the Tripartite Relationship
• Ignorance of the Law concerning the Parens Patriae Doctrine. the Tripartite Relationship legal framework [8.]
• Ignorance of the Law concerning the Coach-Substitute-Caretaker in Child Abuse Prevention Reauthorization of 2010, Public Law 111-320 because of failed authorship, publication and promulgation [7.]

CHILD AND YOUTH ATHLETES ARE A HEALTH DISPARITY POPULATION

Child and Youth Athletes are a “Health Disparity Population. (HDP).” These particular HDPs are advanced by Physical and Psychological Endangerment and Maltreatment, Sexual Abuse and Human Rights Violations, secondary to improper Child Protection and Supervision by the Problematic Coach. Child Athletes often do not achieve the highest attainable standard of health under Problematic Coaches.

“A health disparity is a particular type of difference in health or one of the most important influences on health that could potentially be shaped by policies. It is a difference in which disadvantaged social groups have persistently experienced social disadvantage or discrimination and systematically experience worse health or greater health risks than more advantaged social groups.” [4.]

Defined in US Public Health Safety Act: “A population is a ‘Health Disparity Population’ if there is a significant disparity in the overall rate of disease incidence, prevalence, morbidity, mortality, or survival rates in the population as compared to the health status of the general population, in addition to the meaning so given, the Director may determine that such term includes populations for which there is a significant disparity in the quality, outcomes, cost, or use of health care services or access to or satisfaction with such services as compared to the general population.” [5.]

Young Athlete Rights are violated by tactics and circumstances to which Child and Youth Non-Athletes are not subjected. This is a result of systemic Direct and Indirect “Child-Athlete-Based Discrimination” against Young Amateur Athletes.

Once Children put on the Sports Uniform they assume the identity of an Athlete and are no longer considered an innocent Child by the Problematic Coach. No matter their young age, they are subjected to Child Athlete Abuse Syndrome (CAAS) that is Inflicted, Caused, Created, or Allowed to be Inflicted, Caused, Created, Directly or Indirectly by the Problematic Coach.

Child and Youth Athletes, after blatant disregard for their immature, undeveloped age and blatant disregard for required Child Care by a Coach-Substitute-Caretakers have been:

• Run until collapse and death during dangerous Heat and Air Pollution
• Spanked for missing free throw shots in basketball
• Over-Exercised to kidney failure, Rhabdomyolysis
• Screamed at and called “worthless’ relentlessly to Post Traumatic Stress Disorder
• Concussed until Brain Damaged
• Sexually Abused for team membership
• Thrown in the air while cheerleading until they fall to paraplegia
• Over-exercised to ACL injury
• So forth and so on

AGEISM, AGE DISCRIMINATION , ADULTOCRACY, AGEIST STEREOTYPING

Ageism, also called Age Discrimination is Stereotyping-of and Discrimination-against individuals or groups because of their age.
It is a set of beliefs, attitudes, norms, and values used to justify Age-Based Prejudice, Discrimination, and Subordination. [10.]

This may be Casual or Systematic. Child-Athlete-Based Discrimination and Child Athlete Abuse Syndrome are Systematic. Sports are organized Systems that utilize regular, methodical training and participation procedures to accomplish teamwork, goals and victory. [10.] [11.] [12.]

The term, Ageism, was coined in 1968 by Robert Neil Butler to describe Discrimination against groups of people. [13.]

“Ageism in common terminology and age studies usually refer to negative discriminatory practices against old people, people in their middle years, teenagers and children.”

“Adultocracy is the social convention which defines ‘maturity’ and ‘immaturity’, placing adults in a dominant position over young people, both theoretically and practically. An example is Zabernism which is a term for exploitation of the Power Gap that exists between the Coach and Child Athlete. [14.]

Ageism in addition to seniors is used to describe Prejudice and Discrimination against adolescents and children, including the assumption that youth should behave in certain ways because of their age. [15.]

In the case of Child-Athlete-Based Discrimination, Athletes are required to behave in ways harmful to Children and Youth.

“Ageist Stereotyping is a tool of cognition which involves categorizing into groups and attributing characteristics to these groups.”

“Stereotype Labeled Categories are necessary for processing huge volumes of information which would otherwise overload a person, and they are often based on a “grain of truth”. It becomes instant cataloging and recall. For example, Child and Youth Athletes are viewed as “Little Adults”.

“However, stereotyping causes harm when the content of the stereotype is incorrect with respect to most of the group or where a stereotype is so strongly held that it overrides evidence which shows that an individual does not conform to it.” [16.] This is harmful to Children when they are defined by their Sport, not their Age.

For example, Child-Athlete-Based Stereotypes cause Problematic Coaches, health care professionals, including Athletic Trainers and the Sport Culture to conclude that Child and Youth Athletes are “little adults”, not Young psychologically innocent, vulnerable, susceptible and physically immature Youth.

Child-Athlete-Based Stereotypes can inappropriately influence the above groups of adults and their actions and lead to Child Athlete Age-Based Discrimination and Child and Youth Athlete Abuse Syndrome.

The manner in which the Law looks at Age is important. For instance, the Law requires that all young persons in the U.S must be at least 16 years old in order to obtain a driver’s license. Whereas, Child Athletes can be 6 years old and even less.

Child Labor Laws are Federal and State Legislations that protect children by restricting the type and hours of work they perform. Conversely, Child Athletes work excessive hours to fill the coffers of their bosses, whoever they are.

Child and Youth Athletes minds and bodies are over-used, over-exercised, and over-worked during some Sports Participations. Young Athletes are pushed and punished beyond Physical and Emotional Limits and Preventable, Not-Accidental Morbidity and Mortality result. Some sustain Human Rights Violations and are Sexually Abused. Those are the tragedies from Child-Athlete-Based Discrimination.

“From what is known about the talent development literature, a concern is that, without developing the Love Of the Game, Children will not have the motivation to sustain the effort needed to pursue excellence that has been found to take as many as 10,000 hours or 10 years of deliberate practice to develop. [17.] 10,000 hours with a Coach is an enormous obligation.

“Most young athletes and their parents fail to realize that, depending on the sport, only 0.2% to 0.5% of high school athletes ever make it to the professional level. Yet, youth continue to specialize in 1 sport while participating on multiple teams and risk overuse and/or burnout if there is no break from athletics during the year.”

“The risks of overuse are more serious in the pediatric/adolescent athlete for several reasons. The growing bones of the young athlete cannot handle as much stress as the mature bones of adults”. Neither can the young growing minds.

The article in the Journal of Pediatrics stated, “The parent or pediatrician may wonder how hard a child should be pushed to train and compete. Ultimately, it is important for the medical practitioner to discuss the underlying motivation for sport participation with the athlete, the parent, and, possibly, the coach.”

“Unfortunately, too often the goal is skewed toward adult (parent/coach) goals either implicitly or explicitly. The parent often hopes the child will get a scholarship, become a professional athlete, or fulfill the parents’ unfulfilled childhood dreams. It is best to identify and focus on the child’s motivation and goals to provide guidance.” [18.]

The Problematic Coach seeks win-at-all-costs, fame, career advancement and improved bottom lines. Naturally, Coaches themselves and the Sport Culture expect them to be successful; but at the risk of Child Safety?

Young Athletes face “Age-Based Discrimination” during Sports Participation because of their dependence on a Problematic Coach.

But the Problematic Coach, who doesn’t properly Protect and Supervise Child Athletes disregards the Age of the Child and defines the Child Athlete by his or her calling, an Athlete.

Problematic Coach Offenders treat Young Athletes like “Little Adults.” The American Academy of Orthopedic Surgeons (AAOS) states that Young Athletes are not “Little Adults,” a coaching misconception. [9] That concept is one of the AAOS greatest Sports’ crusades.

The Role of the Child and the Role of the Athlete are juxtaposed. Child and Youth Athletes encounter Child-Athlete-Based Discrimination and Health Disparity once they begin Sport Participation under a Problematic Coach.

Both the Role of the Young Amateur Athlete, whose age when disregarded, and the prospects from Win-At-All-Costs, supports “Society’s Approved Child Athlete Abuse Syndrome.”

Battered Child Syndrome was reported in Journal of the American Medical Association in 1962. It evolved into our current Child Protection Laws. [28.]
In 1981, 19 years later, Dr. Edwin R. Guise and Dr. Richard M. Ball, in disapproval, first described the terms respectively:

• “Socially Approved Athletic Child Abuse”
• “Battered-Child-Athlete-Syndrome”, [ 27.]

While scholars understand, but seldom proclaim, the Role of the Coach-Substitute-Caretaker, that Legal Role and Duty are factual. The Role however is directly concealed within the text of the definitions Section 3. Paragraph 2. of Child Abuse Prevention Reauthorization Act, Public Law 111-320.

The true identity of the Child is indirectly misrepresented. Because the age of the Child-Person, a minor less than 18, during Sports Participation has been indirectly misconceived because the Role of the Coach-Substitute-Caretaker has been omitted in the Law.

Young Athletes lack the means for challenging the Discrimination and Health Disparity in which they find themselves.

Child-Athlete-Based Discrimination is further exacerbated by the following:

• Age
• reliance and dependency
• smaller physical size
• inability to defend themselves physically and psychologically
• afraid of angering the offender
• blame themselves for the abuse
• feel guilty and ashamed
• susceptible to force, not powerful
• susceptible to trickery by Coach offenders
• have no control over their own bodies
• unable to make others believe their complaint
• perpetrators are someone they love, trust and admire in the beginning, such as their Coach.

The Surgeon General described U.S. Systems in Crisis that encourage Child Abuse in general. Those same systems are at work in Sports and in turn Promote Closed Sports Societies that perpetuate ego, greed, excess, bottom lines and win-at-all-costs and result in CAAS. The systems in crisis are:

• Failed Health Care Personnel and Citizens Reporting for All Forms Child Abuse
• Failed Reporting includes Child Athlete Abuse Syndrome
• Failed Enforcement of Child Protective Laws by Authorities and the Criminal Justice System
• Inept Public Health Intervention
• Social and Child Welfare Services failures
• Lack of Education / Awareness services
• Failure of Doctors To Advise Against and Failure Doctors To Intervene: When Coaches Exercise and Punish Athletes Beyond Physical and Emotional Limitations
• Some Sports Medicine Doctors Have Sold Their Souls To The Coach) Don’t Take Helmets, Sneakers after serious injuries
• Failure Coach Education by High School and University Athletic Associations Concerning Child and Youth Athlete Protection Law
• Coaches and others were targeted as potential Abusers and Perpetrators by Surgeon General
• Lack of Attorney Standards of Practice and Guidelines in Child Protection Proceedings according to the NATIONAL ASSOCIATION of COUNSEL for CHILDREN (NACC) and the AMERICAN BAR ASSOCIATION (ABA)

THE FOLLOWING ARE ESSENTIAL TO BREAK THE CONTINUANCE OF CHILD-ATHLETE-BASED DISCRIMINATION, EXPLOITATION AND ABUSE:

◙ Statutory amendment of Section3. Paragraph 2. definitions to include Coach-Substitute-Caretaker of Child Abuse Prevention Reauthorization of 2010, Public Law 111-320
◙ Thereafter, subsequent Enforcement
◙ Thereafter, State Performance Measures shall reflect the amendment to explain the Coacn-Caretaker Role in Sports, Recreation and Exercise.
◙ Thereafter, State Performance Measures shall reflect the Age, Physical and Mental Immaturity and Role of Child and Youth Athletes and their special need for Protection
◙ Coach-Caretakers shall “make peace with children’s differences”
◙ Coach-Caretakers shall understand that Child Athletes are not “Adult Macho Athletes” and their “gradual development speed” is independent of traditional and cultural preconception and bias.
◙ States shall alter their powers, duties and management functions satisfying compliance with the purposes for which the Federal funds and grants are made available to States by Federal Law
◙ Revised Statutes of Limitations for Child Athlete Abuse Violations

References:
1. [CRIN, Children’s Rights International Network. CRIN and Bill Bell, Eva Geidenmark, Gerison Lansdown, Monica Lindvall and Bandana Shrestha]
2. [The UN Committee on the Rights of the Child, UN Committee on Sport for Development and Peace]
3. [Source: Implementation Handbook for the Convention on the Rights of the Child, UNICEF, 2008]
4. [Annu Rev Public Health. 2006;27:167-94.,Health disparities and health equity: concepts and measurement., Braveman P.]
5. [Health Disparities in H.R. 3590 (Merged Senate Bill) “as defined in Section 485E (Sec. 931) Current Law Public Health Safety Act Sec. 1707(d)(3)) Policy]
6. [Human Rights in Youth Sports, Paulo David, 2005]
7. [SEC. 3. GENERAL DEFINITIONS. PARAGRAPH 2. of The Child Abuse Prevention and Treatment Reauthorization Act of 2010, Public Law 111-320]
8. [West's Encyclopedia of American Law, edition 2. Copyright 2008 and Online Dictionary.]
9. [Young Athletes are not Little Adults, American Academy of Orthopaedic Surgeons http://www.saveyourknees.org/kneeproblems/children.cfm]
10. [Kirkpatrick, George R.; Katsiaficas, George N.; Kirkpatrick, Robert George; Mary Lou Emery (1987). Introduction to critical sociology. Ardent Media. p. 261. ISBN 9780829015959.]
11. [Nelson, T. (Ed.) (2002). Ageism: Stereotyping and Prejudice against Older People. MIT Press. ISBN 978-0-262-64057-2.]
12. [Quadagno, J. (2008). The field of social gerontology. In E. Barrosse (Ed.), Aging & the life course: An introduction to social gerontology (pp. 2-23). New York: McGraw-Hill.]
13. [Kramarae, C. and Spender, D. (2000) Routledge International Encyclopedia of Women: Global Women's Issues and Knowledge. Routledge. p. 29.]
14. [ Youth Liberation Z magazine]
15. [Young and Oppressed" - youthrights.org]
16. [Journal of Management (Posthuma, R. A., & Campion, M. A. (2009). Age stereotyping in the workplace: Common stereotypes, moderators, and future research directions. Journal of Management, 35, 158]
17. [Ericsson, K. A. (1996). (Ed.). The road to excellence: the acquisition of expert performance in the arts, sciences, sports, and games. Mahwah, NJ: Erlbaum.]
18. [Pediatrics Vol. 119 No. 6 June 1, 2007 pp. 1242 -1245 Overuse Injuries, Overtraining, and Burnout in Child and Adolescent Athletes Joel S. Brenner, MD, MPH, and the Council on Sports Medicine and Fitness]
19. [Discrimination, Amnesty International, http://www.amnesty.org/en]
20. [DISCRIMINATION AND THE RIGHTS OF THE CHILD, Article 2, Convention of the Rights of the Child United Nations]
21. [Human Rights in Youth Sport by Paulo David, Secretary on Rights of the Child, Office of the High Commissioner for Human Rights, United Nation
22. [Piaget's Theory of Cognitive Development, Jean Piaget's cognitive developmental theory]
23. [Driscoll, Marcy Perkins. "6". In Arnis Burvikovs. Psychology of Learning for Instruction (3rd ed.). Boston: Pearson Education, Inc.]
24. [Berly A. Geber, ed. Piaget and Knowing Studies in Genetic Epistemology (3rd ed.). London: Routledge & Kegan Paul Ltd.]
25. [Vuyk, Rita. "3". In Arnis Burvikovs. Overview and Critique of Piaget's Genetic Epistemology, 1965-1980, Volume 1 (1st ed.). London: Academic Press Inc.]
26. [Jean Piaget's Genetic Epistemology:, Appreciation and Critique, Robert L. Campbell, Department of Psychology, Clemson University http://hubcap.clemson.edu/~campber/index.html]
27.[ Weekly World News, Jan 20, 1981, Health News]
28. [“The Battered-Child Syndrome”, C. Henry Kempe, M.D.; Frederic N. Silverman, M.D.; Brandt F. Steele, M.D.; William Droegemueller, M.D. ; Henry K. Silver, M.D., JAMA. 1962;181(1):17-24.]
29. [Cary, P., Dotinga, R., & Comarow, A. (2004). Fixing kids’ sports. U.S. News & World Report, 136 (20), 44-53]
30. [Sporting Violence: The Parents, Coaches, and Child Exploitati by David Mayeda on July 15, 2008 Bleacher Report,]
31. [Exploitation and Child Protection in Sport, The International Platform on Sport and Development]
[32.] HRF, “Human Rights First Praises Final Passage of Hate Crimes Prevention Legislation,” Press Release, October 8, 2009, http://www.humanrightsfirst.org/2009/10/8/Human-Rights-First-Praises-Final-Passage-of-Hate-Crimes-Prevention-Legislation/
[33.] [COACH PEDOPHILIA AND THE NERUOPATHOLOCIAL BASIS FOR EROTIC DISCRIMINATION OR SEXUAL PREFERENCE http://www.cappaa.com/coach-pediphilia-and-neruolocial-basis-for-erotic-discrimination]

Proposed Amendment to the Child Abuse Prevention and Treatment Reauthorization Act of 2010, Section 3. Paragraph 2. Defintions To Include Coach-Substitute-Caretaker in the Caretaker Category, Presently Not Properly Written, Promulgated, and Published in the Law

POD CAST: http://www.athletesafety1st.info describes a proposed Amendment to Child Abuse Prevention and Reauthorization Act 2010 and Senate Bill S1877 with the Role of the coach as Coach Substitute Caretaker in Child Amateur Sports, Recreation and Exercise.

The U.S. Senate has a proposed amdnement S.1877 - Speak Up to Protect Every Abused Kid Act S. 1877 that would amend the Child Abuse Prevention and Treatment Act to require mandatory reporting of incidents of child abuse or neglect acording to washingtonwatch.com.

In addition Congress Taking Steps to Address Child Abuse and Neglect, November 18, 2011 http://childrensmonitor.wordpress.com/2011/11/18/congress-taking-steps-to-address-child-abuse-and-neglect/

When the term Coach-Substitute-Caretaker is written in the Language of the Law, the Responsibility and Duty for Child and Youth Athletes’ Protection and Supervision by Problematic Coaches will be made crystal clear.

The Proposed Amendment to the Child Abuse Prevention and Treatment Reauthorization Act of 2010, Public Law 111-320, Section 3. Paragraph 2. Defintions To Include COACH-SUBSTITUTE-CARETAKER in the CATEGORY OF CARETAKER As The Coach Is Now Legally Classified But Not Properly Authorred, Promulgated, and Published in the Law

COACH HAS NO IMMUNITY FOR CRIMINAL CHILD ABUSE

• Coaches and Sport Culture are confused about Immunity
• “If a Volunteer Coach (or any Coach) Physically Assaults a Child ….these acts are prosecuted under Criminal Law”
• “The Volunteer Coach bears the responsibility for the unlawful act”
• No immunity for Criminal Behaviors
• No immunity for Child Abuse, a Criminal Act
• “When no criminal conduct is involved, disputes are resolved under the Civil Law, and the process of assigning responsibility is more complex.” [61.]
• Immunity Discussion might apply to Civil Law not Criminal Child Abuse

Example: CHILD ATHLETE HIT IN LEFT EYE BY COACH’S RIGHT FIST, EYE SURGEON CALLED TO ER TO EXAMINE CHILD

• Document Diagnosis
• Impression (Initial Diagnosis):
1. Orbital Floor Fractures 2. Child Physical Abuse (CPA)
• Insurance Claim To 3rd Party by hospital and insurance clerks
1. ICD-9 Code - 802.6 Orbital Floor Fractures
Child Abuse ICD-9 Modifiers
2. ICD-9 Code - T74.12 Child Physical Abuse Confirmed
3. ICD-9 Code - YO7 Perpetrator Known, Coach
• Disposition: Admit to Hospital, Call OR / Schedule Surgery, Additional Lab Work prn
• File Report → Authorities
• Prepare for Potential Testimony as Expert Treating Witness in Criminal Abuse Case

60% MEDICAL SCHOOLS WORLD WIDE DO NOT TEACH CHILD ABUSE AND NEGLECT

Basic injury prevention concepts including risk factors for injuries and injury classification systems were not covered in 60% of medical schools including Child Abuse and Neglect acording to an international study.
.
“Conclusions: Injury prevention and control education is infrequent and fragmented in medical schools around the world.” [62.]

If Medical Schools don’t teach Child Abuse Law, How will Doctors know it?

How will Coaches and Sport Culture know it? Does the Government teach Child Abuse Law?

U.S. CHILD / YOUTH ATHLETE POPULATION

• There were 75,200,000 U.S. Children <18 YO in 2010. [9.]
• ~20,000,000 U.S. Children 6 -18 played organized, Non-School Amateur Sport
• ~25,000,000 played organized School Amateur Sports
• .: ~45,000,000 (~60%) U.S. Children played one School or Non-School Amateur Sport 2010. [10.]

2 CATEGORIES of RULES FOR SPORTS

1. Rules of Law - The Most Important Supreme Rules
2. Rules of Play - Sport Leagues, Federations , Association Rules for how the Games are Played
• We U.S. Citizens agree to comply-with Rules of Law or be Punished for Unlawful Behavior
• We U.S. Citizens Serve The Rules of Law on every inch of ground during every second of time.
• Rules for Play: Rules are for Playing the Game as written and published for Sport Leagues, Association s, Federation, Organization Rules
• Required Rules for Interscholastic Competition
• and Non-Interscholastic Competition
• → so that Games can be played on Equal Grounds
• → with Equal Eligibility
• → with Equal Sport Participation Guidelines

SUPREME RULES: CHILD PROTECTION LAWS

1. Child Abuse Prevention and Treatment Act, the first enacted Child Protection Law in 1974.
2. CAPTA has been amended several times
3. The most recent amendments
4. Keeping Children and Families Safe Act of 2003. Public Law 108-36.
5. Child Abuse Prevention and Treatment Act (CAPTA) Reauthorization Act of 2010, Public Law 111-320,

INVOLUNTARY IGNORANCE OF CHILD ATHLETE ABUSE LAW

• Definition: “Lack of knowledge of those laws which a person has a duty to know and which everyman is presumed to know.”
• Latin Doctrine: “Ignorantia juris non excusat” means "Ignorance of the law does not excuse" No Defense
• Voluntary Ignorance – Ignorance of Law
a. that Has Been promulgated or publicized
b. But has been Neglected to know about them
• Involuntary Ignorance - Ignorance of a law
a. Law has Not been promulgated, issued or publicized.
• Ignorance of the Law Doctrine assumes the law referenced has been properly promulgated or published and distributed, i.e. in government periodicals, internet, or printed for sale [51.]

PROPOSED AMENDMENT

• This Presentation describes
• Proposed amendment to
• The Child Abuse Prevention and Treatment Reauthorization Act of 2010, Public Law 111-320
• The Proposed Amendment is an Addition to
SEC. 3. GENERAL DEFINITIONS. PARAGRAPH 2.
• Thereafter The Child Abuse Prevention and Treatment Act would Addresses Child Athlete Specific Coaching Standards as Coach-Substitute-Caretaker • SEC. 3. GENERAL DEFINITIONS. In this Act—
• 1. the term ‘Child’ means a person who has not attained the lesser of—
• A. the age of 18; or
• B. except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides;
• 2. the term ‘child abuse and neglect’ means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, "INCLUDING COACH CARETAKERS OF SCHOOL AND NON-SCHOOL SPORT, RECREATION AND EXERCISE", which results in death, serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which presents an imminent risk of serious harm;

INVOLUNTARY IGNORANCE OF CHILD ATHLETE ABUSE LAW cont.

• U.S. Congress Please Enact Proposed Amendment to CAPTA 2010 Section 3. 2.
→Prevent Involuntary Ignorance of the Law
→Attempted Exceptions from the Law
→Attempted Immunity from Law
← Inadequate Promulgation, Publication, Distribution of Coach-Substitute-Caretaker Law by Federal and State Government
► Grave Injustice to Abused Child/Youth Athletes
• Exceptions have been Based on case law

THE COACH-SUBSTITUTE-CARETAKER ROLE IN CHILD PROTECTION LAW IS KNOWN BY SCHOLARS BUT NOT EVERYONE BECAUSE OF THE SCARCE PROMULGATION, PUBLICATION, DISTRIBUTION OF COACH-SUBSTITUTE-CARETAKER DEFINITION IN LAW

• After persistent investigation only 2 sources were discovered by me who directly said, promulgated,issued or published the Coach’s Role as a Coach-Substitute-Caretaker of Child Athletes
1. KY DCBS, CPS
2. Surgeon General
• I challenge you to find Promulgations, Publications and Distributions of the Coach-Substitute-Caretaker Role in Sports of Child Athletes

SURGEON GENERAL WORKSHOP PUBLIC HEALTH INNOVATIONS = AMENDMENT

•SGW call for Government, Private Public Health Innovations
→ Dictate “Next Generation of Essential Treatments”
→ “Moving forward on Child Maltreatment Prevention." [53.]
Several Areas were cited that need Expansion for Prevention
SGW Targeted the following:
Abuse by Caretakers - Parents
Abuse by Others Serving in Caretaker Role
i.e “Teachers, Coaches, Counselors, Clergy, and Childcare Workers”
“Furthermore, agencies should be aware of the provisions in CAPTA…. and other legislation that directs work on the Federal level.” Follow the Federal Guidelines.
“These efforts will translate into benefits for local practitioners and the children and families they serve.” [54.]

WHEN I WAS A C.A.R.E. TRAINEE

•Child Abuse Recognition Education (C.A.R.E)
i WAS Trained By CPS, Child Protective Services,DCBS, KY Department Community Based Serv. Kate Dean, MA,was the Director of C.A.R.E.and Melissa Curry MD , University of Louisville, Division Forensic Medicine Dept. Pediatrics, was the Primary Instructor Supporting Child Abuse Prevention in KY. We Doctors were trained To Go Doctor Offices > Teach Child Abuse Recognition., because KY led the nation in CHILD ABUSE Deaths.
• I Specifically asked C.A.R.E., during Q&A session, if Coaches are Caregivers
• “The Child Safety Branch of DCBS has responded to the question regarding Coaches as Caregivers and I have included the answer below. This is good news and I’m glad to know these cases will not fall through the cracks,” Director KY C.A.R.E. Program, DCBS, PCAKY
• Answer: “Our agency [DCBS] investigates abuse and neglect allegations involving situations where a person is providing care, has custody or has control of a child. Teachers, camp counselors, bus drivers, babysitters, grandparents, Coaches etc fit in to that category if they are left to care for a child and the parent is not present. We (Child Safety Branch of DCBS) are investigating these type situations in this manner across the state. If [DCBS] staff have questions about whether a person falls into these categories, they can consult with Central Office or their regional attorney.”

CHILD and YOUTH ATHLETES HEALTH DISPARITY POPULATION

• Because Child (<18) / Youth (15-24) Athletes are
• Vulnerable and Susceptible to Physical and Psychological (Emotional) Endangerment and Maltreatment →Injuries and/or Death
• Vulnerable and Susceptible to Sexual Abuse
• Vulnerable and Susceptible to Human Rights Violations
• Partly Because The Duty of Child Protection and Supervision by the Coach-Substitute-Caretaker in Sports, Recreation and Exercise (SRE) is ignored and overlooked
• and Coach-Substitute-Caretaker are not taught their Special Duty and Standard of Care to Child and Youth Athletes

COACH-SUBSTITUTE-Caretaker

• Coaches teach and train most of the 75,000,000 Children (<18) in the U.S.
In Sports, Recreation and Exercise (SRE)
• Coaches don’t appear to realize they are Caretakers for Children (<18) during SRE Participation
• Most Coaches don’t appear realize they have a Special Standard of Care for Child Athletes
• Appears No one knows to tell them
• Hasn’t been Promulgated by the Government
• In the Caretaker Role
• “Coach is like the Parent on the Field” [52.]
• Unlike Coaches of Professional Athletes

CHILD and YOUTH ATHLETES HEALTH DISPARITY POPULATION cont.

• 25% to 33% of all girls in Sports (worldwide) are at risk Sexual Abuse before Adulthood
• That risk ↑ With the Degree of Emotional Attachment to the Coach as Affected by Multiple Risk Factors [55.]
• Child / Youth Athletes represented 2/3 (66.7%) of the total amount of Sports Injury Dr. Visits [CDC March 2001]
• 8,000 Athletes < 18 YO Treated Daily In U.S. Emergency Departments 50% are Preventable, Not-Accidental
• 1 in 10 Child Athletes Injured, Experts Say [12.]
• 50% of Child Athlete Injuries are Preventable, Non-Accidental – NIH [12.]
• .: 4,500,000 Child Athletes Injured yearly @10%
• .: 2,250,000 Child Athletes Yearly At Risk Preventable, Not-Accidental Injuries or Death

QUESTIONS AND ANSWERS

• The National Association for Sport and Physical Education
• Prepared National Coaching Report
• “Athletes have Rights to be Coached by individuals who have the knowledge, skills, and values defined by the National Standards for Sport Coaches.”
• “The need for healthy physical activity and character development in our nation’s youth is more critical than ever.” [32.]
• “A major determinant in meeting the goals of a quality sports program is the quality of Adult Leadership”
• “Therefore, education and professional development must become a more deliberate component in the selection and retention of Youth Interscholastic Sport Coaches.” [32.]
• Every State School and Non-School Coach must abide by the same Coaching Standards

NATIONAL FEDERATION OF HIGH SCHOOL ATHLETIC ASSOCIATIONS

• All 50 State HSAA belong to the NFHSAA
• NFHSAA publishes “Playing Rules in 16 sports and activities for boys and girls.”
• Provide Programs that reach the “18,500 high schools and over 11 million students involved in athletic and activity programs.” [25.]
QUESTIONS AND ANSWERS cont.
• “No federal laws Require Coaching Education or Certification.”
• “ Only 4% of States Require a Coaching License”
• No Federal Coaching License Law that emphasizes Education and Awareness of Child Abuse Laws
• “Only 24% Require State Certification.” [32.]
• Certifications are l° for School Sport Head Coach
School Coaches (Not Non-School Coaches)
• Only 43% of states require School Coaches to have a Teaching Credential
• 61% of states do not have any Recertification Requirements for School Coaches
• No Federal Law for Child Athlete Abuse Educat
• Legislative mandates are Enforced Standards or Laws enacted by Federal or

State Legislative Laws

• National Coaching Report stated:
• 51% of states do not report any Requirements to fulfill Legislative Laws or Mandates
• 49% may inconsistently Require some Legislative Mandates
• These most frequently cited Laws include coaching background check and fingerprinting 45%
• Most Important Report Deficiency in Coaching Report
• Only 20% mention Child Abuse Recognition Training
• Even though Child Protection Laws are the
• Standard of Care for Child Athletes
• And Child Protection Laws are the SUPREME RULES for SRE Play and Practice To be followed by Coach Caretakers
• THIS AMENDMENT WOULD LEGISLATIVELY MANDATE PROMULGATION,

ISSUANCE, PROMULGATION AND PUBLICATION OF THE COACH-SUBSTITUTE-CARETAKER ROLE IN SPORTS

• Citizenship Through Sports Alliance (CTSA) published a Report Card on Youth Sports in America
• Identified basic measures essential for a Positive, Child-Centered youth sport experience
• CTSA assigned “grades” in multiple categories for interscholastic and youth sport programs
• National report card, Coach Rating → just a grade of C-
• “Notably, the Report Card Indicated an Unacceptable Coaching Rating for Coaches who are trained in coaching techniques and safety”
• Conclusion: “Clearly, there is a need to focus our attention on Coaching Preparation Requirements.” [35.]
• Most of the Non-High School teams, leagues, associations and federations who oversee Amateur Athletes do not include
• Child Protection Laws
• Don’t include Educational Programs with Risks, Reasons, and Causes for their Violations
• Many don’t have any Educational Programs

U.S. FEDERAL GOVERNMENT PARENS PATRIAE DOCTRINE

• The Etymology of “Parens Patriae” is from Latin meaning “Parent of the Nation”
• Doctrine Grants Power and Authority of the State to protect minor Children ,age less than 18, and other persons who are legally unable to protect themselves.
• The “Parens Patriae” doctrine is Special Standard of Child Care
• In U.S., the State is the “Supreme Guardian” of all Children
• State Courts have the Power to Intervene
• to Protect the Best Interests of Children.
• This Inherent Power is Legalized and Offenders of Children are Criminalized by Child Protection Legislative Laws in each State
• Basis for government’s intervention in child physical and psychological maltreatment and endangerment, sexual abuse and Human Rights violations
• Public Policy and Power of the State to Intervene against Abusive or Negligent Parents, Legal Guardians , ALL Caretakers
• State will Act as Caretaker of any child who needs Protection
• Parents have a fundamental Constitutional Right to raise their children as they choose
• Providing Parents do so in accordance with the State Standards of Law
• Government Protects the interests of Children and ensures proper Child Care.
• If Parents, Guardians and Caretakers
• Unable, Unwilling or Fail to Protect
• Properly Supervise their Children,
• State has the power and authority to take action to Protect the Child from harm. [46.]
• PARENT + CHILD + STATE
• PARENS PATRIAE Tripartite Relationship is Legal framework
• Balances the Rights and Responsibilities among Parents•Child•State, guided by Federal Laws
• The Child Abuse Prevention and Treatment Reauthorization Act of 2010, Public Law 111-320
• Children have a Special Standard of Care [20.]

CARETAKERS MUST RECOGNIZE SPECIAL STANDARD OF CARE FOR THE CHILD

• Children are expected to be Safe and Protected in the care of their Caretakers. Categories of Caretakers:
• Parents →
Parent’s Child Caretaker License = Birth Certificate
• Legal Custodians or Guardians, court appointed
• Another Adult whom Child entrusted-with →ex. Coach
• Another Adult who voluntarily assumed the responsibility for the care of a Child → ex. Coach
• Person who stands in a position of trust and confidence for a Child’s Protection, Supervision, Safety and Caretaking → ex. Coach

TRIPARTITE RELATIONSHIP: Coach-Substitute-Caretaker + Child-Athlete + State

• Same Tripartite Relationship exists among
• COACH-CHILD ATHLETE-STATE
• Parens Patriae Doctrine is the basis for Rules of Law pertaining to the Legal Framework Tripartite Relationship
• Coach-Substitute-Caretaker + Child-Athlete + State
• Permissible for the Coach-Substitute-Caretaker use His/Her Methods of Coaching SRE
• Providing the Coach complies with the Special Standards of Care issued by of the State for the Child
• Tripartite Relationship is In Effect Practices, Camps, Over-Nights, Travel Teams, Closed Practices
(Be Vigilant Venues)
• In Effect On Every inch of Ground during Every every second of Time
• Coach stands in a almighty powerful position
→ Stands in a position of Trust for Child Athlete Care
→ Entrusted-with Child Athlete
→ Assumes the Safety Responsibility Child Athlete
• Trust of the Coach is the Core of Coaching
• Coach is a Caretaker for underage minor (<18) Child Athlete
→ Child Protection
→ Proper Supervision
→ Promote Safety of the Child and Youth Athletes

American Academy Pediatrics Policy Statement Child/Youth Sports

• Qualified Coaches are to provide safe and positive experience. AAP Findings and Statements:
• Most Youth Sports Coaches are volunteers
• “With little or no formal training in child development”
• Coaches don’t know how “to match demands of a sport + child’s readiness to participate”
• Child is not a little Adult, often the mistake
• “Educational programs are available for Youth Sports Coaches, but most Coaches do not participate”
• “Coaches may try to teach what often cannot be learned then blame resulting failures on shortcomings of athletes”
• Pediatricians should be proactive and advocate Safe Sports Participation
• Promote better education and training Youth Sports Coaches
• “Standards for Coaching Competency are available “
• Certification for youth sports coaches should assure Coach competencies [50.]
• Pediatricians should work with sports administrators
• Pediatricians should take an active role in developing safety programs while ensuring that existing safety measures are observed [49.]

STATISTICS

• U.S. High School Athletic Associations (HSAA) oversee about 24 %, of School and Non-School Child Athletes (<18yrs)
• HSAA oversee 11,000,000 High School Child Athletes
• That leaves 34,000.000 Child Athletes in Grade School, Middle School, JV Teams, summer leagues, Church leagues, Swimming, Cheerleading Camp, Soccer, Gymnastics etc. that are not administered by HSAAs
• 34,000.000 Child Athletes don’t have comparable HSAA oversight and Safety laws mandated and enacted by the Legislative Branch of State Governments.
• Many U.S. Coaches are not are not Providing the same Standards of Child Athlete Care

CHILD ATHLETE ABUSE SYNDROME (CAAS) RESULTS WHEN COACHES DON’T RECOGNIZE AND IMPLEMENT SPECIAL STANDARDS OF CHILD ATHLETE CARE. CAAS IS ILLEGALIZED

• DEFINITION OF THE PROBLEM:
• CHILD ATHLETE ABUSE SYNDROME (CAAS)
• A SHORT TITLE for
• A CLUSTERING of CHILD (<18) or YOUTH (15-24)
• SPORTS, RECREATION AND EXERCISE
• ATHLETE MORBIDITY AND MORTALLITY SECONDARY TO

Child Maltreatment Definitions: “Any act or series of acts of commission or omission by a parent or other caregiver (e.g., clergy, COACH, teacher) that results in harm, potential for harm, or threat of harm to a child.” [58.]

►PHYSICAL ENDANGERMENT, MALTREATMENT and/or ABUSE
► PSYCHOLOGICAL ENDANGERMENT, MALTREATMENT and/or ABUSE
► SEXUAL ABUSE
► FAILED CHILD CUSTODIAL PROTECTION
► NEGLIGENT COACHING CARE-GIVING SUPERVISION
► HUMAN RIGHTS VIOLATIONS
► THAT WERE INFLICTED, CAUSED, CREATED, OR ALLOWED TO BE INFLICTIED, CAUSED, CREATED, DIRECTLY OF INDIRECTLY BY THE COACH OR OTHER PERSON WITH CHILD AND YOUTH ATHLETE CUSTODIAL PROTECTION AND SUPERVISION

CHILD MALTREATMENT TERMINOLOGY

Child Maltreatment Any act or series of acts of commission1 or omission by a parent2 or other caregiver that results in harm, potential for harm, or threat of harm to a child.

Acts of Commission (Child Abuse4) Words or overt actions that cause harm, potential harm, or threat of harm to a child. Acts of commission are deliberate and intentional; however, harm to a child may or may not be the intended consequence.

Intentionality only applies to the caregivers’ acts—not the consequences of those acts. For example, a caregiver may intend to hit a child as punishment (i.e., hitting the child is not accidental or unintentional) but not intend to cause the child to have a concussion.

The following types of maltreatment involve acts of commission:
• Physical abuse
• Sexual abuse
• Psychological abuse

Acts of Omission (Child Neglect) The failure to provide for a child’s basic physical, emotional, or educational needs or to protect a child from harm or potential harm [59.]

Like acts of commission, harm to a child may or may not be the intended consequence. The following types of maltreatment involve acts of omission:

• Failure to provide o Physical neglect o Emotional neglect o Medical/dental neglect o Educational neglect
• Failure to supervise o Inadequate supervision o Exposure to violent environments
Caregiver “A caregiver is a person, or people, who at the time of the maltreatment is in a permanent (primary caregiver) or temporary (substitute caregiver) custodial role.
In a custodial role, the person is responsible for care and control of the child and for the child’s overall health and welfare.
• Primary caregivers must live with the child at least part of the time and can include, but are not limited to, a relative or biological, adoptive, step-, or foster parent(s); a legal guardian(s); or their intimate partner [60.]
• Substitute caregivers may or may not reside with the child and can include clergy, COACHES, teachers, relatives, babysitters, residential facility staff, or others who are not the child’s primary caregiver(s). 

CHILD ATHLETE ABUSE SYNDROME (CAAS) “MEDICALIZED”

• Medicalized: Identified or categorized as a disease, injury, condition or behavior
• Being a disorder requiring medical or surgical treatment or intervention
• CAAS IS LEGITIMATE DIANOSIS WITH ICD-9 CODES because all child abuse is in every venue has a code and, therefore, is Medicalized. (ICD-9)
• “International Classification of Disease, 9th edi

Example: AFTER A CHILD ATHLETE IS HIT IN LEFT EYE BY COACH’S RIGHT FIST BECAUSE THE COACH BECAME ANGRY, THE EYE SURGEON CALLED TO ER TO EXAMINE CHILD ATHLETE

• TENDER THE MEDICAL RECORD AND CHART
• Document Diagnosis
• Record Treatment Plan ER/ED Medical Record
• Impression (Initial Diagnosis):
1. Orbital Floor Fractures 2. Child Physical Abuse (CPA)
• Insurance Claim To 3rd Party by hospital and insurance clerks
1. ICD-9 Code - 802.6 Orbital Floor Fractures
Child Abuse ICD-9 Modifiers
2. ICD-9 Code - T74.12 Child Physical Abuse Confirmed
3. ICD-9 Code - YO7 Perpetrator Known, Coach
• Disposition:
• Admit to Hospital
• Call OR / Schedule Surgery
• Additional Lab Work
• File Report → Authorities

PERFORMANCE MEASURES: STATES ARE MANDATED UNDER CAPTA 2010

1. Shall demonstrate effective
→ development, operation, and expansion of a community-based program and prevention-focused programs
→ and activities designed to strengthen and support families to prevent child abuse and neglect
→that MEETS THE REQUIREMENT OF THIS FEDERAL TITLE.
7. shall describe the outcomes under the State program to demonstrate the effectiveness in meeting the purposes of the program;”
• In other words when states are mandated , States SHALL follow Federal Guidelines of CAPTA Reauthorization of 2010, Public Law 111-320,

PERMISSION TO PARTICIPATE

• PEMISSION TO PARTICIPATE IS NOT GRANTED by Athletes, Parents and Guardians FOR RISKS that are NOT Inherent to the games they PLAY
• Child / Youth Athlete Sports Participants do not waive or release claims based upon Preventable, Not Accidental Injuries or Deaths (CAAS)
• Child / Youth Athlete Sports Participants do not waive or release claims based upon Unlawful Abusive Coaching Misconduct.
• Gross Negligence and Recklessness not waived

PROPOSED AMENDMENT

• Include Revised Statutes of Limitations for Violations
• State Performance Flow from Requirements of Proposed Definition Amendment:
• CHILD ATHLETE ABUSE PREVENTION AND TREATMENT REAUTHORIZATION ACT
• To current Law, CHILD ABUSE PREVENTION AND TREATMENT ACT, PUBLIC LAW 111-320
• Amendment would increase Awareness for Child Athlete Protection, Supervision and Safety SRE
• Increase the Prevention of Child Athlete Abuse
• Increase the Prevention of Cruelty to Young Athletes
• Prevent the Blindsiding of Coaches with Criminal and Civil Litigations
• Because Coaches ignore, overlook, don’t understand or don’t know Child Protection Laws

COACH MUST RENDER FIRST AID

Addition to the fact that Coaches should not Criminally Injure Child Athletes
Coaches must Treat Child Athletes, First Aid
“The courts have made it clear that all Coaches are obligated to proved proper and immediate first aid when necessary”
“That means that you (Coach) will be required to provide first aid in the event of an injury, and to do it right” [63.]

COACH-SUBSTITUTE-CARETAKERS ARE NOT TAUGHT THEIR DUTY OF CARE TO CHILD /YOUTH ATHLETES

• Commenting on the Jerry Sandusky and Penn State Child Sex Abuse Scandal
• Former Secretary of State, Condoleezza Rice said,
• “Sports and College Football are not Kingdoms unto their own,”
• “No one and no Sport are above the Law.” [46.]
• Because SEC. 3. GENERAL DEFINITIONS. PARAGRAPH 2. of The Child Abuse Prevention and Treatment Reauthorization Act of 2010, Public Law 111-320 does not explain the definitions of caretakers more completely,
• The Duty of Child Protection and Supervision by the Coach-Substitute-Caretaker in Sports, Recreation and Exercise are ignored, overlooked
• and the Coach-Substitute-Caretakers are not taught their Duty to Child and Youth Athletes in SRE
• +Change is Good for Children → Amendment

SCARCE PROMULGATION, PUBLICATION, DISTRIBUTION THAT THE IS A COACH-SUBSTITUTE-CARETAKER. DEFINITION IN LAW SHOULD BE AMENDED

• Child Athlete Abuse cases Should “Not Fall Through the Cracks”
• Not until The Child Abuse Prevention and Treatment Reauthorization Act (CAPTA) of 2010, Public Law 111-320 Sec 3. Definitions, Paragraph 2 is amended to describe and fully disclose that Coaches are Caretakers of Child Athletes <18, as they are now according to present law, but scarcely known, will the Involuntary Ignorance of Child Athlete Protection Laws be corrected and properly Promulgated (issued and published) so that Coaches, the Sport Culture and Community will realize that Coaches are Caretakers like Teachers, Day Care Centers and others who are left to Care for Children when Parents are absent, even during Sports Participation.

CONCLUSION

THIS AMENDMENT WOULD LEGISLATIVELY MANDATE PROMULGATION, ISSUANCE AND PUBLICATION OF THE COACH-SUBSTITUTE-CARETAKER ROLE IN SPORTS
Please don’t let Child Athletes “fall through the cracks” between the Planks for Injury Safety and Control, resultinfing From Omission Failures to Cite Coach as a Substitute Caretakers in the Definitions of Federal Child Abuse Law

References:

1. [ZABERNISM, COACH/ATHLETE POWER GAP
http://www.cappaa.com/zabernism-the-coachathlete-power-gap]
2. [SOCIAL ORGANIZATION OF CLASSES AND SCHOOLS1 by Susan Florio-Ruane 2]
3. [A State Analysis of High School Coaching Certification Requirements for Head Baseball Coaches Submitted by: Coop DeRenne, Ed.D., Charles F. Morgan, Ph.D., Ronald K. Hetzler, Ph.D. & Brad T. Taura, M.S.E.D. United States Sports Academy, ISSN: 1543-9518]
4. [YANERO v. DAVIS, Kentucky Supreme Court No. 1999-SC-0871-DG, 2000-SC-0347-DG, 2000-SC-0353-DG. November 21, 2001 ]
5. [Brentwood Academy v. Tennessee Secondary School Athletic Assn., 531 U.S. 288 (2001), United States Supreme Court case decided in 2001.]
6. [Concerning Iowa Hawkeye Jan. 2011 Epidemic Acute Rhabdomyolysis, David Klossner NCAA Health and Safety Director letter Feb. 2011]
7. What is the Rule of Law?, United Nations Rule of Law. Scretaty General of U.N.
8. [Wikipedia]
9. [Gilpin lawsuit will continue against coaches May 5, 2010 Jason Riley, Courier Journal]
10. [Football Coach Pleads Not Guilty In Player's Death, Jason Stinson Charged With Reckless Homicide, By Ben Jackey/WLKY, January 26, 2009]
11. [Detective Testimony in the Criminal Trial of Coach Jason Stinson for the Death of Football Athlete, Max Gilpin]
12. [Prosecutors ask for JCPS report clearing Stinson be thrown outBy Lindsay English, (WAVE) - On July 1, 2009]
13. [Coach Jason Stinson, TV Interview about the book "Factors Unknown" by Rodney Daugherty, release 7-11-2011]
14. A Research Guide to the Federal Register and Code of Federal Regulations
15. [SUPREME COURT OF THE UNITED STATES, No. 99—901, BRENTWOOD ACADEMY, PETITIONER v. TENNESSEE SECONDARY SCHOOL ATHLETIC ASSOCIATION et al.]
16. [The Federal Rules of Criminal Procedure]
17. [Preventing Injury in Sports Recreation and Exercise, CDC Injury Center, Sept 7, 2006in Sports, Recreation, and Exercise]
18. ["The IAAF Code of Ethics for Coaches" has been kindly provided by Peter J. L. Thompson of the International Association of Athletics Federations (IAAF).]
19. [The Negative Effects of Youth Sports, Livestrong.com, Steve Silverman]
20. [Wikipedia]
21. [Calnan, Alan. 2003. A Revisionist History of Tort Law.]
22. [ABC WTVQ TV Lexington KY,Football Player's Death Sparks New Heat Regulations, Wed, Aug 4, 2010]
23.[KENTUCKY BOARD OF EDUCATION REGULAR MEETING JUNE 9, 2010,SUMMARY MINUTES]
24. [It's just football, Stinson case a learning experience, By Eric Crawford, The Courier-Journal, September 17, 2009]
25. [National Federation of State High School Athletic Association]
26. [Child Abuse Laws Child Abuse laws - Information on the law about Child Abuse]
27. [AN ACT relating to interscholastic athletics and declaring an emergency.
Be it enacted by the General Assembly of the Commonwealth of Kentucky]:
Section 1. (1) The Kentucky High School Athletics Association, with assistance from the Kentucky Department of Education, shall staff and coordinate a study of sports safety to be completed no later than October 1, 2009.
(2) The study shall include a review of:
(a) The requirements and their adequacy for sports safety education in public middle and secondary schools, including heat-related and air quality issues, chronic and overuse injuries, and other risk factors;
(b) Required training programs for secondary school coaches, to include how training is certified to demonstrate knowledge and competencies of participants;
(c) Required first aid and medical assistance protocols or standards of care for students suffering minor and major injuries during practices and competitions;
(d) Data regarding sports injuries, by sport, in Kentucky and an examination of data reporting requirements and responsibilities for oversight when injuries occur;
(e) Education for high school coaches, volunteers, parents, and student athletes relating to nutrition, weight training, and the dangers of steroids and other illegal supplements;
(f) The availability of sports injury prevention programs and other safety resources; and
(g) Other information as deemed appropriate by the study group to fully examine the status of sports safety in Kentucky for high school students.
(3) The Association shall have a formal work group composed of:
(a) At least two (2) members of the Kentucky Board of Education, selected by the board chairman;
(b) At least two (2) representatives from the Kentucky Department of Education, selected by the commissioner of education;
(c) At least two (2) high school coaches selected by the Chair of the Board of Control;
(d) At least two (2) members from the Kentucky Medical Association, appointed by the executive director;
(e) At least three (3) certified sports trainers; and
(f) Others as deemed appropriate by the commissioner of education and the executive director of the Kentucky High School Athletics Association.
(4) The commissioner of education or designee and the executive director of the Kentucky High School Athletics Association shall identify the work group members within thirty (30) days of the effective date of this Act.
(5) The Association shall submit a written report to include findings and recommendations to the Interim Joint Committee on Education by October 30, 2009. The report shall include but not be limited to recommendations to improve the safety of students participating in high school athletics and any legislation that might be necessary to implement the recommendations.
SECTION 2. A NEW SECTION OF KRS CHAPTER 160 IS CREATED TO READ AS FOLLOWS:
(1) The Kentucky Board of Education or organization or agency designated by the board to manage interscholastic athletics shall require each high school coach to complete a sports safety course consisting of training on how to prevent common injuries. The content of the course shall include but not be limited to emergency planning, heat and cold illnesses, emergency recognition, head injuries, neck injuries, facial injuries, and principles of first aid. The course shall also be focused on safety education and shall not include coaching principles.
(2) The state board or its agency shall:
(a) Establish a minimum timeline for a coach to complete the course;
(b) Approve providers of a sports safety course;
(c) Be responsible for ensuring that an approved course is taught by qualified professionals who shall either be certified athletic trainers, registered nurses, physicians, or physician’s assistants licensed to practice in Kentucky; and
(d) Establish the minimum qualifying score for successful course completion.
(3) A course shall be reviewed for updates at least once every thirty (30) months and revised if needed.
(4) A course shall be able to be completed through hands-on or on-line teaching methods in ten (10) clock hours or less.
(5) (a) A course shall include an end-of-course examination with a minimum qualifying score for successful course completion established by the board or its agency.
(b) All coaches shall be required to take the end-of-course examination and shall obtain at least the minimum qualifying score.
(6) Beginning with the 2009-2010 school year, at least one (1) person who has completed the course shall be at every high school athletic practice and competition.
Section 3. Whereas there is no existing requirement for a medical professional to be on-site during high school athletic events and the safety of student athletes is sometimes compromised, an emergency is declared to exist and this Act takes effect upon its passage and approval by the Governor or upon its otherwise becoming a law.
28. [The 4 R’s of Coaching http://www.cappaa.com/the-4-rs-of-coaching]
29. [Prevent Cruelty to Young Athletes http://www.cappaa.com/prevent-cruelty-to-young-athletes]
30. [Trust in the Medical Profession: Conceptual and Measurement Issues, Mark A Hall, Fabian Camacho, Elizabeth Dugan, and Rajesh Balkrishnan, Health Services Research. 2002 October; 37(5): 1419–1439]
31. [Criminal Convictions and Medical Licensure, State medical boards, tend to follow social policy as expressed in U.S. law, which designates moral turpitude outside the clinic as a cause for restricting professional licenses., Herbert Rakatansky, MD, Virtual Mentor. October 2011, Volume 13, Number 10: 712-717. Policy Forum, American Medical Association Code of Medical Ethics’ Opinions on Physicians’ Health and Conduct, October 2011]
32. [Charlene R. Burgeson, Executive Director National Association for Sport and Physical Education, National Coaching Report 2008]
33. [National Federation of State High School Associations, 2007a]
34. [Sporting Goods Manufacturing Association, 2007]
35. [Citizenship Through Sports Alliance (CTSA) published the Report Card on Youth Sport in America 2005]
36. [Human Rights in Youth Sport, published December 2004, by Paulo David]
37. [“The Battered-Child Syndrome”, C. Henry Kempe, M.D.; Frederic N. Silverman, M.D.; Brandt F. Steele, M.D.; William Droegemueller, M.D. ; Henry K. Silver, M.D., JAMA. 1962;181(1):17-24.]
38. [Weekly World News, Jan 20, 1981, Health News]
39. [Read more at Suite101: The Athlete Abuse Summits report from Terry Zeigler:
http://terry-zeigler.suite101.com/child-athlete-abuse-syndrome--when-athletes-pay-the-price-a393385]
40. [Prevent Child Abuse Kentucky, http://www.pcaky.org/care.html]
41. [Numbers refer to the Treaty Section 1989 United Nations Convention on the Rights of the Child]
42. [Plowlines, Coaches, Mules and 100 Yards of Cotton by Micheal B. Minix, SR., M.D.]
43. [A Reputation Lies in Tatters by Mark Viera, New York Times, November 7, 2011]
44. [Division of Regulated Child Care, KY Cabinet for Health and Family Services]
45. [CHILD ABUSE PREVENTION AND TREATMENT (CAPTA) REAUTHORIZATION ACT OF 2010 , THE CURRENT FEDERAL PUBLIC LAW 111-320.]
46. [West's Encyclopedia of American Law, edition 2. Copyright 2008 and Online Dictionary.]
47. [Bloomberg Business Week, Dec. 8, 2011 By Sophia Pearson and Phil Milford]
48. [AAU's Dodd replaced as president after abuse probe opened 10 Dec 2011 Reuters- By Tim Ghianni]
49. [AAP, AMERICAN ACADEMY OF PEDIATRICS PEDIATRICS Vol. 107 No. 6 June 2001, pp. 1459-1462 : Organized Sports for Children and Preadolescents. POLICY STATEMENT, Committee on Sports Medicine and Fitness and Committee on School Health A statement of reaffirmation for this policy was published on September 1, 2007. This policy is a revision of the policy posted on September 1, 1989.]
50. [National Association for Sport and Physical Education. National Standards for Athletic Coaches: Quality Coaches, Quality Sports. Dubuque, IA: Kendall/Hunt Publishing Co; 1995:1-124]
51. [USLegal.com, US Legal, Inc. http://uslegal.com/ and cse Law Cheek v. United States, 498 U.S. 192, 200-201 (U.S. 1991)]
52. [Legal & Ethical Roles of a Sports Coach, eHow, By Christopher Cascio June 07, 2011]
53. [Robert Clyman, M.D., Executive Director, American Academy of Child and Adolescent Psychiatry, University of Colorado Health Sciences Center)
54. [Surgeon General's Workshop Agenda, Making Prevention of Child Maltreatment a National Priority:Implementing Innovations of a Public Health Approach,National Institutes of Health, Bethesda, Maryland, March 30–31, 2005]
55. [Women in Sports, Ed Barbara Drinkwater]
56. [Health of Young People, World Health Organization, Geneva, Switzerland 1993] [Chapter: Health Problems and Behavior] [Chapter - Policies and legislation] [United Nations, Press Release, 05/11/2004]
57. [08 September 2003 The health impacts of 2003 Summer Heat Waves Briefing, Delegations 53rd session of the World Health Organization Committee]
58. [Centers for Disease Control and Prevention, National Center for Injury Prevention and Control, Division of Violence Prevention, May 10, 2011 ]
59. [Adapted from Administration for Children and Families (ACF), What is Child Maltreatment?]
60. [Saltzman, L.E., Fanslow, J. L., McMahon, P.M., & Shelley, G.A. (1999). Intimate partner violence surveillance uniform definitions and recommended data elements. Centers for Disease Control and Prevention, National Center for Injury Prevention and Control: Atlanta, GA]
61. [Volunteers and Liability: An Overview of Legal Protections and Municipal Exposure, New Hampshire Town and City, March 2007 By Paul Sanderson, Esq.]
62. [Injury prevention education in medical schools: an international survey of medical students. A Villaveces, J Kammeyer, and H Bencevic Injury Prev. 2005 December; 11(6): 343–347]
63. [Rutgers University Youth Sports Council, New Brunswick NJ]

CHILD ATHLETE ABUSE ORBITAL FLOOR FRACTURE ICD-9 CODE

USE OF ICD-9 CODE EXAMPLE

If the Coach strikes a Child Athlete in the left eye with his fist during sport participation and fractures the left orbaital floor. The Medical Erergency Department Chart is tendered with:
• Impression (Initial Diagnosis):
1. Left Orbital Floor Fractures
2. Child Physical Abuse (CPA)

The Insurance Claim to 3rd Party Payor or Medical Insurance is billed with the following codes:
• ICD-9 Code – Fractures
1. Closed fracture of orbital floor (blow out) Diagnosis Code 802.6
2. 2. ICD-9 Code - Modifiers

• ICD-9 Code for Child Physical Abuse (CPA)
1. T74.12 Child Physical Abuse Confirmed
2. YO7 The Child Abuse Perpetrator is Known and is the Coach

Disposition recorded in ED Medical Record:
• Admit to Hospital
• Call OR / Schedule Surgery
• Additional Lab Work
• File Report > Authorities for CPA

ZABERNISM, THE COACH-ATHLETE POWER GAP

There are many great, mentor coaches in the United States, who often do not get the credit they deserve. But, like any profession, there are a few bad apples that spoil the bunch. Several will spoil the orchard.

Consequently, public reaction, outrage and the legal arena’s size, shape and slant are framed-up by the rotten. Thus, volumes of legal statutes and case laws mount because of the coaches who do not abide by their code of conduct. They slack their duty and standard of care for their athletes.

Zabernism is the misuse of power by an authority such as a coach. Bulling is another form of Zabernism. Some Coaches misuse their authority and endanger athletes with physical and emotional injuries that result from inadequate coaching supervision and protection and some sexually abuse their athletes and some are bullies.

The Power Gap, that exists between a coach and an athlete, is widened by the lack of an athlete’s power. The powerless Athlete, and Powerful Coach are in the center of the comprehensive model of Athlete Endangerment, Abuse, and Serious Injury. Doctors and Athletic Trainers are alongside in the center of the model.

The Comprehensive Model of Athlete Abuse:

• Doctors check on the form provided by the High School or High School Athletic Association “cleared” to participate in sports after the Sports Participation Doctor Examination (1.) has been completed and found to be in good health.
• Child Athlete’s parent or the adult athlete signed the Sports Participation Waiver prior to participation and relinquishes the Athlete’s rights to pursue legal action because of loss, injury and death (for Inherent Injuries of the Game). The Waiver does not prevent reporting suspected Child Athlete Abuse by the Attending Physician of an injured athlete from maltreatment, endangerment or abuse, subsequent investigation and adjudication..
• Child Athlete begins participation in the sport and, unbeknown to parent, doctor and athlete, the athlete enters an unsafe sports environment with a Coach who fails Child Protective and Proper Care-giving Supervision (Negligent Coaching Supervision) and Protection of the Child Athlete.
• Child Athlete sustains a Preventable, Non-Accidental Injury which is the result of substandard supervision and protection by the supervising coach because it was caused by direct or indirect actions or inactions of the coach.
• The Government’s Public Health system has failed to Educate and Enlighten Coaches, Athletes, the entire Athletic Community about Child Athlete Abuse and Negligent Coaching Supervision and Educate Doctors to Report.
• Child Athlete returns to a Doctor for a second examination (2.) after the injury. The doctor evaluates the injury.
• After the history, examination and treatment of the injured Child Athlete, if the Doctor suspects the Child Athlete’s injury was the result of Maltreatment, Endangerment and/or Negligent Coaching Supervision of the Child Athlete and concludes the injury was Preventable and Non-Accidental, the Doctor is mandated to Report to County Attorney and the CPS.
• If the Doctor fails to report those types injuries, the Doctor can be liable for failure to Report and Malpractice, should similar additional injuries occur afterwards under the same Coach.
When our Federal Government decides to take special interest in an issue that needs further attention by the states, Federal Laws Affecting State Proceedings are passed and funding is provided. CAPTA (Child Abuse Prevention and Treatment Act, 1974) was the first Federal Law enacted. Several amendments to the original law have been enacted..
• Federal Child and Youth Protection Law:
1. Child Abuse Prevention and Treatment Act (first enacted Child Protection Law 1974) Has been ammended several times. Most recent ammendments 2003 and 2010
2. Keeping Children and Families Safe Act of 2003. Public Law 108-36.
3. Public Law. 111-320, the CAPTA Reauthorization Act of 2010

• “Child Abuse Prevention and Treatment Act (1974) as Amended by Public Law. 111-320, the CAPTA Reauthorization Act of 2010 Sec. 206. PERFORMANCE MEASURES. [42 U.S.C. 5116f]

After funding, the states must comply with the Federal Guidelines
A State receiving a grant under this title
— 1. shall demonstrate effective development, operation, and expansion of a community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that MEETS THE REQUIREMENT OF THIS TITLE.
—7. shall describe the outcomes under the State program to demonstrate the effectiveness in meeting the purposes or the program;”

• State Laws that exist in all 50 states, that MEETS THE REQUIREMENT OF THIS TITLE, Public Law. 111-320, the CAPTA Reauthorization Act of 2010.

For example, Kentucky Child and Youth Protection Law: Kentucky Unified Juvenile Code KRS 600-645. Juvenile/Family Court has exclusive jurisdiction for Child Abuse and The KY Code has Dual Function:

1. Protection of Children from Endangerment, Maltreatment and Abuse with adjudication of offenders
2. Sanctions and Rehabilitation of Delinquent Juveniles when they commit crimes.

Thus, CHILD ATHLETE ABUSE SYNDROME IS ILLEGALIZED. KRS 600-645, KY state statutes:

The Power Gap, Misuse of Power, Athlete Maltreatment, Endangerment, Abuse and Negligent Coaching Supervision will be lessened and Athlete Safety will be Promoted when:

• Child Protection Laws or Child Athlete Abuse and Negligent Coaching Supervision Laws are Enforced by the Government.
• Government often duplicates existing Federal and State Statutes while fledgling for an answer, ignoring and overlooking the laws already on the books. Duplication of already existing Federal and State Child Protective Laws with a Federal Youth Sports Safety Act is a suggested remedy, but another waste of time and money because of duplications.
• It should be a matter of Policy for the Cabinet of Health and Family Services, CPS and the County Attorney to investigate all Doctor Reports. Otherwise, there will continue a lack of Doctor Reporting.
• Athletes must be educated to report their injuries that result from Bad Coaching Behaviors. Athletes diminish the misuse of power by reporting their injuries from Maltreatments and Endangerments to parents and authorities
• Coaches must be educated to stop Maltreating and Endangering Child Athletes. They must provide Proper Child Custodial Protection and Supervision and understand and utilize their standard and duty of care. They must be educated to save themselves from Criminal and Civil complaints. It is for their protection, too.
• Doctors must be educated to report suspected serious Athlete Endangerment, Abuse and Negligent Coaching Supervision that results in Serious Injuries and Death to the DCBS or County Attorney. If Doctors Fail to Report they must be educated about their potential consequences.
• Most Sports Pre-Participation Examinations are finalized when the Doctor checks the statement
☑☒ “Cleared to Play”.
A Lesser number of Examinations end with
☑☒ Full & Unlimited Participation.

In either case the clearing an Athlete to Play or Participate must be qualified from this day forward.
☑☒ “Cleared to Play only during–Standard Care +Protection +Supervision.” should be the qualification.

This provision should be printed (or stamped) above the Doctor’s signature on the Pre-Participation Examination Forms thereby qualifying approval to Participate in Sports after the Pre-Participation Examination only when Safety Standards are to be obeyed by the Coach and supervisor.

• Parents and athletes who sign a sports participation waivers must be educated to modify the sports participation waiver with their signature “only with Standard Care +Protection +Supervision.”.”
• Parents must be educated to recognize and report Child Athlete Abuse and Neglect.
The essential elements are education and enlightenment of athletes, coaches, parents, doctors and the entire Athletic Community to act responsibly concerning the Power Gap. Only then will Zabernism and the Power Gap be eradicated.
The JOURNAL of the AMERICAN MEDICAL ASSOCIATION (JAMA) revealed that medical errors may be the third leading cause of death in the United States. The total is about 225,000 deaths per year in the US from iatrogenic (doctor) causes which ranks these deaths as the # 3 killer.

How many athletic injuries and deaths occur in the United States from the lack of government and Public Health doctors’ Intervention and oversight of Youth Sports?
“…have to say that the medical establishment in the U.S. is less concerned with public health than in many other developed countries. In the U.S. you don’t hear much about public health in medical school. In general, public health is seen as a poor cousin of medical care.”

Medical Doctors in the United States are not taught public health in medical schools. Are public health officials and medical doctors masters of denial that athlete abuse is a public health crisis?

“Child maltreatment is a public health crisis, the full scale of which is masked by secrecy and denial.” Surgeon General seminar.

There exists a well-accepted scientific process for addressing public health injury problems. Athletic injuries among secondary school-aged athletes is alarmingly on the rise. The public health approach 78–81 includes the following 5 mandates, which are described in greater detail in the AMCSSAA (Appropriate Medical Care for Secondary School-Age Athlete) monograph. 5:

• determine the existence and size of the problem (injury surveillance)
• identify what may cause the problem (risk factors)
• determine strategies and interventions that may prevent the problem
• implement prevention strategies
• monitor and evaluate the effectiveness of prevention efforts.
Haddon Matrix Applied to the Problem of Athletic Injuries a
Phase/Factor Host Agent Physical Environment Social Environment. Before injury:
• Determine the individual’s readiness to participate through the preparticipation physical examination
• Advise on the selection, fit, function, and maintenance of athletic equipment
• Promote safe and appropriate practice, competition, and treatment facilities
• Provide scientifically sound nutritional counseling and education
• Establish protocols regarding environmental conditions
• Participate in the development and implementation of a comprehensive athletic health-care administrative system

The Surgeon General has targeted coaches as perpetrators of all forms of child abuse reported in seminars. What is wrong with state health services and departments that blatantly neglect the needs and welfare of youth athletes. They are charged with protecting all children.

Are public health officers inadequately trained in youth sport public health. Do they too turn a blind eye on public health policies that might adversely affect other medical doctors? Public health officers cannot rely on imagined reassurances from their crones that no injuries result from endangerment of athletes by coaches.

The Sports Participation Waiver empowers the coach and widens the Power Gap. Sports participation waivers are signed by all parents or guardians of minor athletes or young adult athletes before participation in an organized sports activity.

Improper supervision in sports is associated with an increased risk of injury. Increased supervision is associated with the prevention of athletes’ injuries.

Coaches appear, in some instances, to hide behind the waiver. Some categorize all harmful incidents, whether in safe or harmful sports environments, as accidents. “If there is an accident it is just part of the game.” Some coaches believe they are immune from suit, dismissal or reprimand because of the waiver.

The Supreme Court has ruled that waivers cannot void liability for gross negligence. Gross negligence is reckless, wanton or willful misconduct, not mere neglect.

However, sports participation waivers do not prevent suspected athlete endangerment and abuse reporting and investigations by social workers and the county attorney. Doctors, health care personnel and everyone should report when they suspect that coaches have physically and emotionally mistreated, endangered and caused injuries and/or sexually abused athletes. The DCBS policy in Kentucky is to investigate coaches as supervision caregivers when endangerment and abuse has been suspected and reported.

Gross Negligence is sometimes difficult to prove. But athlete Physical and Psychological Endangerment resulting in serious injury and sexual abuse can be investigated and adjudicated in spite of signatures by parents.

Sports participation waivers do not prevent adjudication of Child Athlete Abuse in Juvenile or Family court, the appropriate court for adjudication.

Athletes don’t forfeit their human rights once they step within the boundary lines of the court or field of play. Nor can anyone else forfeit their human rights for them.
References:

1. Human Rights in Sport by Paulo David
2. Human Rights and Sports by Prof Paul Singh
3. Legacy Flyer | April 08, 2009
4. Summary Statement: Appropriate Medical Care for the
Secondary School-Aged Athlete Jon Almquist, ATC et al Journal of Athletic Training 2008;43(4):417–428
5. “The JOURNAL of the AMERICAN MEDICAL ASSOCIATION (JAMA) Vol 284, No 4, July 26th 2000 article written by Dr Barbara Starfield, MD, MPH, of the Johns Hopkins School of Hygiene and Public Health,

PENN STATE CHILD SEX ABUSE AND REPORTING LAW

The lack of knowledge concerning Child Physical, Psychological (Emotional) and Sexual Abuse Recognition and Reporting properly, in any venue including Sports, to authorities is extremely disturbing. First the criminal activity must be defined.

CHILD ATHLETE ABUSE SYNDROME IS ILLEGALIZED. for example in KY KRS 600-645, KY state statutes (all states have similar statutes):

CHILD ATHLETE ABUSE SYNDROME IS A SHORT TITLE For

A CLUSTERING of CHILD (<18) or YOUTH (15-24) ATHLETE MORBIDITY AND MORTALLITY SECONDARY TO:

►PHYSICAL ENDANGERMENT, MALTREATMENT and/or ABUSE
► PSYCHOLOGICAL ENDANGERMENT, MALTREATMENT and/or ABUSE
► SEXUAL ABUSE
► FAILED CHILD CUSTODIAL PROTECTION
► NEGLIGENT COACHING CARE-GIVING SUPERVISION
► HUMAN RIGHTS VIOLATIONS
► THAT WERE INFLICTED, CAUSED, CREATED, OR ALLOWED TO BE INFLICTIED, CAUSED, CREATED, DIRECTLY OF INDIRECTLY BY THE COACH OR OTHER PERSON WITH CHILD AND YOUTH ATHLETE CUSTODIAL PROTECTION AND SUPERVISION.

PLEASE SEE THE CLINICAL PODCAST by linking to the URL, Universal Resource Locator or web address below: http://www.athletesafety1st.com
Title: CHILD ATHETE ABUSE SYNDROME, “A NEW DISEASE”

[Prevent Cruelty to Young Athletes http://www.cappaa.com/prevent-cruelty-to-young-athletes ]

CHILD ATHLETE ABUSE SYNDROME IS “MEDICALIZED”

• Medicalized definition: To identify or categorize a condition or behavior as being a disorder requiring medical treatment or intervention [Online-Dictionary]

• CAAS IS LEGITIMATE DIANOSIS WITH ICD-9 CODES because all child abuse is Medicalized. (ICD-9) “International Classification of Disease, 9th edition, Clinical Modification is a standardized classification of disease, injuries, and causes of death, by etiology and anatomic localization and codified into a 6-digit number, which allows clinicians, statisticians, politicians, health planners, health insurance and others to speak a common language, both US and internationally”. ICD-9s are used to bill medical insurance by Doctors. ICD-10s are ready for implementation.
See: http://www.cappaa.com/category/use-icd-9-abuse-codes

Dysfunctional Athletic Communities have promoted Closed Sports Societies, similar to want-to-be-closed Religious organizations, that have recently appeared like they were above the Law and impervious to the Law. Closed Sports Societies promote “Socially Approved” Child Athlete Abuse Syndrome.

Closed Sports Societies breed Ego, Greed, Excess. Economic Gain and Win-At-All-Costs. But as we are now discovering, since the discovery of the Penn State child Abuse Tragedy, there are No Closed Societies to the Rules of Law.

We U.S. Citizens serve the Rule of Law.

Abnormal, Deviant Coaching Behaviors will put the Coach in the Front Yard of Society one week and at the Top of the Stairs of the Court House the next. Ignorance of Child and Youth Protection Laws, including Reporting Laws, are no excuse in Court and certainly no Court Defense

Government Agencies, non-Government Administrative Athletic Organizations and Associations including High School Athletic Associations, should take the lead and indorse, publicize and promulgate both Federal and State Child and Youth Protection Laws for complete understanding, while realizing Child Protection is within the jurisdiction of each state:

• Federal Child and Youth Protection Law:
1. Child Abuse Prevention and Treatment Act (first enacted Child Protection Law 1974) Has been ammended several times. Most recent ammendments 2003 and 2010
2. Keeping Children and Families Safe Act of 2003. Public Law 108-36.
3. Public Law. 111-320, the CAPTA Reauthorization Act of 2010

• “Child Abuse Prevention and Treatment Act (1974) as Amended by Public Law. 111-320, the CAPTA Reauthorization Act of 2010
Sec. 206. PERFORMANCE MEASURES. [42 U.S.C. 5116f] A State receiving a grant under this title
— 1. shall demonstrate effective development, operation, and expansion of a community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect that MEETS THE REQUIREMENT OF THIS TITLE.
-7. shall describe the outcomes under the State program to demonstrate the effectiveness in meeting the purposes or the program;”

• State Laws that exist in all 50 states, that MEETS THE REQUIREMENT OF THIS TITLE, Public Law. 111-320, the CAPTA Reauthorization Act of 2010. For example, Kentucky Child and Youth Protection Law: Kentucky Unified Juvenile Code KRS 600-645.

Kentucky State Law: KRS 510.110 Sexual abuse in the first degree.
(1) A person is guilty of sexual abuse in the first degree when:
(d) Being a person in a position of authority or position of special trust, as defined in KRS 532.045, he or she, regardless of his or her age, subjects a minor who is less than eighteen (18) years old, with whom he or she comes into contact as a result of that position, to sexual contact or engages in masturbation in the presence of the minor and knows or has reason to know the minor is present or engages in masturbation while using the Internet, telephone, or other electronic communication device while communicating with a minor who the person knows is less than sixteen (16) years old, and the minor can see or hear the person masturbate.
(2) Sexual abuse in the first degree is a Class D felony, unless the victim is less than twelve (12) years old, in which case the offense shall be a Class C felony.
Effective: July 15, 2008

See this website: http://www.cappaa.com/category/use-icd-9-abuse-codes

“A former defensive coordinator for the Penn State football team was arrested Saturday on charges of sexually abusing eight boys across a 15-year period. Jerry Sandusky, 67, who had worked with needy children through his Second Mile foundation, was arraigned and released on $100,000 bail after being charged with 40 counts related to sexual abuse of young boys.” [By MARK VIERA, Nov 5, 2011, Former Coach at Penn State Is Charged With Abuse, New York Times]

It was not lawfully Reported to Authorities.

Penn State is a Crime Story in the Sports Venue, not a Sports Story.

Reporting Child Physical, Psychological (Emotional) and Sexual Abuse helps Prevent further Victimization of innocent, vulnerable Children. Univ Virgina football Coach Mike London said about Penn State, its simple. As Coach London said, he will handle disputes, team rules violations and other lawful differences internally, but when a Coach discovers Illegal Activity you gotta take it to police, particularly where the health and welfare of Children are concerned. He was a Policeman prior to Coaching.

Last week, the U.S. Department of Education announced it would investigate whether Pennsylvania State University officials failed to follow the law and notify authorities about the alleged sexual assaults of children on the Penn State campus by a former football assistant coach, Jerry Sandusky.

In calling for the probe, Rep. Patrick Meehan (R., Pa.) said that adults have the responsibility “to act and report when they see children who are abused or threatened. In the case of college authorities, it’s not just a moral obligation, it’s the law.

“. . . Had authorities at Penn State reported the allegations to law enforcement and properly disclosed these allegations under the law, perhaps children could have been protected from abuse.”

[Penn State scandal alerting colleges to U.S. reporting law National News, Sun, Nov. 13, 2011, By Darran Simon National News, http://www.philly.com/philly/news/nation_world/133758858.html ]

“More victims are coming out. Two former Syracuse University ball boys say they were molested by associate head basketball coach Bernie Fine, starting in the late 1970s and continuing into the 1990s. Police in Syracuse said they have opened an investigation into the allegations. And in a statement Thursday night, Syracuse said it has placed Fine on administrative leave. Fine is in his 35th season as an assistant to Boeheim.” [Nov18, 2011, Syracuse's Bernie Fine placed on leave, By Mark Schwarz and Arty Berko ESPN Outside the Lines]

• Prime Dispicable Example: Take note of Penn State’s Coach Jerry Sandusky who appeared to be a volunteer amateur football camp Coach. It is not clear if he was compensated or non-compensated.

“After retirement, Sandusky hosted many summer football camps and was active in The Second Mile, a children’s charity he founded in State College, Pennsylvania in 1977.” [Wikipedia]

“Of the child sexual assault charges against former Penn State coach Jerry Sandusky, the fact that stands out most is that Joe Paterno, Tim Curley and Gary Schultz were aware of incidents as early as 2002. Curley testified to the grand jury that he “advised Sandusky that he was prohibited from bringing youth onto the Penn State campus from that point forward.”

“Seven years later, in the summer of 2009, Sandusky was still hosting overnight camps for children as young as 9 at other Penn State schools.

“A reader sends us the flyer for the Sandusky Football Camp, a four-day, three-night resident clinic offered at Penn State’s Behrend campus in Erie, and other stops around the state including Penn State Harrisburg.

“The goal of the camp is to learn as much about the game of football while having an enjoyable experience. Jerry Sandusky’s personal experience and his excellent staff will cater to each individual camper helping them to reach their personal potential. With a variety of individual drills for every position team drills, and games, the participants will be able to build a solid fundamental background for which they can carry the rest of their lives.”

“They will walk away with many of the ideas and concepts Jerry Sandusky has used during his brilliant career. A career that included two national championships and 28 bowl appearances! Lessons on life discipline, teamwork, trust, and loyalty will be stressed in motivational speeches by great guest speakers and selected video presentations. Regular camp instructors will include members of Jerry’s family, other college and high school coaches, and former Penn State players.”

It’s unclear if Sandusky was compensated by Penn State for overseeing the camp, which he operated via his Sandusky Associates company located in State College. But multiple schools in the Penn State system hosted and provided facilities for the program, touted Sandusky’s Penn State affiliation, and featured other instructors from the Penn State family: an implicit endorsement of the camp at the very least.
Sandusky ran the camp for nearly a decade, but there doesn’t appear to have been a 2010 edition. By that summer, a grand jury had already begun its investigation.
[Dead Spin by Barry Petchesky, Nov 6, 2011]

In PA, if a person with knowledge of Child Athlete Sexual Abuses notifies an institution’s designated agent for Reporting, as described below in § 6311 (c ), and that agent fails to Report the Crime to authorities, who will assume the failed Child Sexual Abuse Reporting liability? Both the person with knowledge and the agent might become Criminally and Civilly liable. So the person with knowledge must insure a Report is completed.

Persons required to report suspected child abuse - 23 Pa. Cons. Stat. § 6311
SUBCHAPTER BPROVISIONS AND RESPONSIBILITIES FOR REPORTING SUSPECTED CHILD ABUSE
Sec.
6311. Persons required to report suspected child abuse.
6312. Persons permitted to report suspected child abuse.
6313. Reporting procedure.
6314. Photographs, medical tests and X-rays of child subject
to report.
6315. Taking child into protective custody.
6316. Admission to private and public hospitals.
6317. Mandatory reporting and postmortem investigation of
deaths.
6318. Immunity from liability.
6319. Penalties for failure to report.

Chapter Heading. The heading of Subchapter B was amended
December 16, 1994, P.L.1292, No.151, effective July 1, 1995.
§ 6311. Persons required to report suspected child abuse.
(a) General rule.–A person who, in the course of employment, occupation or practice of a profession, comes into contact with children shall report or cause a report to be made in accordance with section 6313 (relating to reporting procedure) when the person has reasonable cause to suspect, on the basis of medical, professional or other training and experience, that a child under the care, supervision, guidance or training of that person or of an agency, institution, organization or other entity with which that person is affiliated is a victim of child abuse, including child abuse by an individual who is not a perpetrator.

Except with respect to confidential communications made to a member of the clergy which are protected under 42 Pa.C.S. § 5943 (relating to confidential communications to clergymen), and except with respect to confidential communications made to an attorney which are protected by 42 Pa.C.S. § 5916 (relating to confidential communications to attorney) or 5928 (relating to confidential communications to attorney), the privileged communication between any professional person required to report and the patient or client of that person shall not apply to situation involving child abuse and shall not constitute grounds for failure to report as required by this chapter.

(b) Enumeration of persons required to report.–Persons required to report under subsection (a) include, but are not limited to, any licensed physician, osteopath, medical examiner, coroner, funeral director, dentist, optometrist, chiropractor, podiatrist, intern, registered nurse, licensed practical nurse, hospital personnel engaged in the admission, examination, care or treatment of persons, Christian Science practitioner, member of the clergy, school administrator, school teacher, school nurse, social services worker, day-care center worker or any other child-care or foster-care worker, mental health professional, peace officer or law enforcement official.

(c) Staff members of institutions, etc.–Whenever a person
is required to report under subsection (b) in the capacity as a
member of the staff of a medical or other public or private
institution, school, facility or agency, that person shall
immediately notify the person in charge of the institution,
school, facility or agency or the designated agent of the person
in charge. Upon notification, the person in charge or the
designated agent, if any, shall assume the responsibility and
have the legal obligation to report or cause a report to be made
in accordance with section 6313. This chapter does not require
more than one report from any such institution, school, facility
or agency.

(d) Civil action for discrimination against person filing
report.–Any person who, under this section, is required to
report or cause a report of suspected child abuse to be made and
who, in good faith, makes or causes the report to be made and,
as a result thereof, is discharged from his employment or in any
other manner is discriminated against with respect to
compensation, hire, tenure, terms, conditions or privileges of
employment, may commence an action in the court of common pleas
of the county in which the alleged unlawful discharge or
discrimination occurred for appropriate relief. If the court
finds that the person is an individual who, under this section,
is required to report or cause a report of suspected child abuse
to be made and who, in good faith, made or caused to be made a
report of suspected child abuse and, as a result thereof, was
discharged or discriminated against with respect to
compensation, hire, tenure, terms, conditions or privileges of
employment, it may issue an order granting appropriate relief,
including, but not limited to, reinstatement with back pay. The
department may intervene in any action commenced under this
subsection.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995; Nov. 29,
2006, P.L.1581, No.179, eff. 180 days)

2006 Amendment. Act 179 amended subsec. (a).
1994 Amendment. Act 151 amended subsecs. (a) and (b).
Cross References. Section 6311 is referred to in sections
6313, 6318, 6340 of this title.
Section: Previous 6119 6120 6121 6122 6301 6302 6303 6311 6312 6313 6314 6315 6316 6317 6318 Next
Last modified: November 27, 2007

Persons permitted to report suspected child abuse - 23 Pa. Cons. Stat. § 6312

§ 6312. Persons permitted to report suspected child abuse. In addition to those persons and officials required to report suspected child abuse, any person may make such a report if that person has reasonable cause to suspect that a child is an abused child.

Reporting procedure - 23 Pa. Cons. Stat. § 6313
§ 6313. Reporting procedure.
(a) General rule.–Reports from persons required to report
under section 6311 (relating to persons required to report
suspected child abuse) shall be made immediately by telephone
and in writing within 48 hours after the oral report.
(b) Oral reports.–Oral reports shall be made to the
department pursuant to Subchapter C (relating to powers and
duties of department, Pennsylvania Department of Human Services, Child Protective Services) and may be made to the appropriate county
agency. When oral reports of suspected child abuse are initially
received at the county agency, the protective services staff
shall, after seeing to the immediate safety of the child and
other children in the home, immediately notify the department of
the receipt of the report, which is to be held in the pending
complaint file as provided in Subchapter C. The initial child
abuse report summary shall be supplemented with a written report when a determination is made as to whether a report of suspected child abuse is a founded report, an unfounded report or an indicated report.
(c) Written reports.–Written reports from persons required
to report under section 6311 shall be made to the appropriate
county agency in a manner and on forms the department prescribes
by regulation. The written reports shall include the following
information if available:
(1) The names and addresses of the child and the parents
or other person responsible for the care of the child if
known.
(2) Where the suspected abuse occurred.
(3) The age and sex of the subjects of the report.
(4) The nature and extent of the suspected child abuse,
including any evidence of prior abuse to the child or
siblings of the child.
(5) The name and relationship of the person or persons
responsible for causing the suspected abuse, if known, and
any evidence of prior abuse by that person or persons.
(6) Family composition.
(7) The source of the report.
(8) The person making the report and where that person
can be reached.
(9) The actions taken by the reporting source, including
the taking of photographs and X-rays, removal or keeping of
the child or notifying the medical examiner or coroner.
(10) Any other information which the department may
require by regulation.
(d) Failure to confirm oral report.–The failure of a person
reporting cases of suspected child abuse to confirm an oral
report in writing within 48 hours shall not relieve the county
agency from any duties prescribed by this chapter. In such
event, the county agency shall proceed as if a written report
were actually made.
(Dec. 16, 1994, P.L.1292, No.151, eff. July 1, 1995)

Cross References. Section 6313 is referred to in sections
6311, 6335, 6339, 6340, 6349, 6367 of this title.

DEVIANT COACHING BEHAVIORS AND CHILD ATHLETE ABUSE SYNDROME

No one wants to “Call Out” our Coaches. But when Coach act unlawfully, that’s what happens.

Approximately 20% of all professions, vocations, occupations, business people, employees etc. behave abnormally. These include Doctors, Lawyers, Teachers and every working category of society. None are invincible. Many among that 20% are mentally ill. There are many unusual reasons for anomalous behavior.

The Coaching Profession is privileged. Coaches are intended to instruct and mentor, while protecting, most often, innocent, susceptible, vulnerable Child and Youth Athletes. Coaches command a very powerful authority over their Young Athletes.

Cruelty to Young Athletes or Child Athlete Abuse Syndrome (CAAS) is a short title for a clustering of Child (<18) and Youth (15-24) Athlete Morbidity and Mortality secondary to Physical, Psychological (Emotional) Endangerment and Maltreatment causing serious injuries, Sexual Athlete Abuse, Failed Child Custodial Protection, Negligent Coaching Care-Giving Supervision and Human Rights Violations that were inflicted, caused, created or allowed to be inflicted, caused, created, directly or indirectly by the Coach of other person with Child and Youth Athlete Custodial Protection and Supervision.

The Risks, Reasons, Causes and Wrong-Doings that result in Cruelty to Young Athletes and Child Athlete Abuse Syndrome are the following deviations from Child and Youth Protection and Supervision Laws:
• Ignorance of the Law
• Error - deficient performance of Law
• Omission - apathy toward the Law or neglected duty of Law
• Corruption of Conscience from
1. “The Bottom Line”, Financial Gain
a. Sports are a big Business
b. “Money is the root of all evil”
c. “Win-At-All-Costs Attitude
• Perversion - an aberrant sexual practice or interest, especially when habitual [Merriam Webster Dictionary]
• Sadism - delight in Cruelty and/or excessive Cruelty

Sports are not above the Law. College Football is not a closed society, resistant to outside intervention when Crimes occur. College Football and all Sports are not impervious to the Rules of Law. “College Football is not a kingdom unto its own,” [ Former Secretary Condoleezza Rice. Regarding the Penn State Tragedy, on CNN State of the Nation, Candy Crowley Nov 20, 2011].

Socrates said, “It’s not the Spartan tradition to do wrong rather than right.” Knowledge and Awareness are crucial elements for the Promotion of Athlete Safety. “A more knowledgeable mind is more just and a more ignorant one more criminal”, he said.

Knowledge and Awareness of Child and Youth Protection and Supervision Laws, how one must properly care for and treat Young Athletes, are fundamental for The Prevention of Child Athlete Abuse Syndrome. “The more able and expert a mind is, the better it is, and more capable, whatever the activity, of acting both well and badly” [Hippas Minor, Early Socratic Dialogs by Plato, Penguin Classics]

“Self-knowledge is the sufficient condition to the good life.” Socrates equated knowledge with virtue. “If knowledge can be learned, so can virtue. Thus, virtue (the conformity to a standard of right and moral quality Merriam-Webster) can be taught.”

“The unexamined life is not worth living, Socrates stated. One must seek knowledge and wisdom before private interests. Knowledge is sought as a means to ethical action.” An Athlete Centered Sports and Rights System promote the best interest of the Athlete, not the Coach, administration or school.

“What one truly knows dictates one’s conscience or soul, according to which nobody ever does wrong knowingly.”

Socrates assumed reason was the way to the good life. True happiness is promoted by doing what is right. When you’re true usefulness is served (tending your soul), you are achieving happiness. Happiness is evident from the long-term positive effect on the soul.

The Positive Effects of Sports and Gratifications of Athletic Competitions are achieved when everyone participating in Sports are doing what is right. But many that are involved seek what is most serviceable to oneself or what is in one’s own self-interest.

The Socratic ethics has a teleological character or design purpose. Human nature and action aims toward the good, and there is purpose in nature.

The Socratic Paradox: People act wrongfully and unlawfully, but they don’t do so deliberately. It is not premeditated. Preventable, Non-Accidental Athlete Injuries and Deaths are an example. Coaches don’t set out to injure an Athlete.

If the Coach knows what is good for the Athlete, the Coach will always act in such manner as to achieve it. (“Otherwise, one does not know or only knows in a theoretical fashion.”)

If the Coach acts in a manner not conducive to the Athletes good, Socrates would convey that the coach must be mistaken about the knowledge of how to obtain what was operative and proper in that instance.

If one acts with knowledge then one will obtain that which is serviceable to oneself or that which is in ones self-interest.

Thus, for Socrates Knowledge is good and moral and Ignorance is bad, evil and not useful.

An Example: Since no Athlete knowingly harms himself on purpose, if harm comes to an Athlete following improper instruction by the Coach, then that Coach must have acted in Ignorance. If the instruction results in Serious Injuries, Death, Sexual Abuse or human Rights violations, then the Coach has displayed ignorance of the Law, Error of Law, Omission from apathy toward the Law or neglected duty of Law, Corruption of Conscience from the Bottom Line. Money, Fame, Fortune “Win-At-All-Costs Attitude”, Perversion and/or Sadism.

Consequently, it follows the entire Athletic Community, including Coaches, Athletes and Parents are responsible for what we know or what we do not know. Thus, the entire Athletic Community shares in the responsibility for the Positive or Negative Outcomes of Sports and Gratifications, Displeasures and Corruptions of Conscience of Athletic Competitions. However, there is a heirarchy among the Athletic Community of Responsibility for Athete Safety.

The Positive Effects of Sports are achieved when everyone participating in Sports are doing what is right. The essential aspect of understanding the Paradox is to realize that Socrates is referring to the good of the soul in terms of knowledge and doing what’s right for the Athlete not the Risks, Reasons and Causes for the Negative Effects of Sports, the latter play no role in the soul or Athlete being centered.

Coaches seek the good, but fail to achieve it by ignorance or lack of knowledge as to how to obtain what are in reality the good effects of Sports. When harm comes to Athletes, often Coaches thought they were seeking the good, they lacked knowledge.

A Coach might know what is best, yet still do what’s wrong because of Ignorance, Error, Omission and/or Corruption of Conscience from the Bottom Line. Money, Fame, Fortune “Win-At-All-Costs Attitude.” Or Perversion and/or Sadism.is. [Philosophy Courses, philosophy.lander.edu, Philosophy 302: Ethics, The Ethics of Socrates SysAdmin: John Archie, 1998-2011]

“If you know better, do better”, said Uncle Harrison Wheeler.

“Gangelhoff has said that she wrote more than 400 term papers for at least 18 Minnesota basketball players from 1993 to 1998. A subsequent university investigation found that the coach, Clem Haskins, not only broke National Collegiate Athletic Association (NCAA) rules by making cash payments to players, he also told his team to mislead attorneys who were looking into the academic fraud. The university’s report cited the administration’s failure to separate the coach’s influence from the academic support staff. In hopes of preempting possible NCAA punishment later this year, the university has imposed penalties on itself.”

“It rates right at the top as far as scandals go,” says Armen Keteyian, who investigated the scandal. “We’re talking about a system that systematically corrupts the very essence of what public education is all about in this country. Point-shaving scandals and academic fraud are two issues that cut right to the heart of what college sports are all about today, and the integrity of the institution is at stake.”
[Corruption In Collegiate Sports, Business Library, by Joseph T. Wells, Richard B. Carozza FindArticles / Business / Internal Auditor / April, 2000]

“Yes, in a largely materialistic world, it is expected that many individuals are apt to forego morality for immediate gratification.”

“Leaders must lead by example, not just law and principle. They must know that they are role models and that the people look up to them as role models. In a society that is already steeped in much immorality, indiscipline and contempt for the truth, it will become increasingly difficult for our leaders to inspire and motivate citizens to stay on the right path when there is a vast credibility gap.”

Is it that judgment has fled to brutish beasts and men have lost their reason?
[A CORRUPTION OF CONSCIENCE? Western Mirror, 21/05/2011 05:00:00 Contributed]
Sexual Athlete Abuse is a despicable Crime. “The irony to children’s lives is that it is precisely their charming, innocent characteristics which attract corrupt beings, and which ultimately disrupts or even destroys their pure and angelic characters.”

It has been said, however, that it is “through the focus of children that the author indulges his sense of hope” (p.182, de Jonge)
.
“These innocent children become victims of unnecessary torture, but have no choice but to helplessly bear the pain”.

Their innocence ultimately leads to them becoming victims of mental and physical maltreatments Sexual Abuse and Human Rights Viloations.

“Although some children gain strength from theses ordeals, others cannot endure the shame. It is interesting to notice the children’s sense of responsibility for situations around them, whether it be taking care of a father or siblings, or taking the blame for a rape. The idea of self-sacrifice, however, seems prevalent in most of these situations.”

“It almost seems that the children are more mature than the corrupt adults around them. The irony to their lives is that it is precisely their charming, innocent characteristics which attract corrupt beings, and which ultimately disrupts or even destroys their pure and angelic characters. It has been said, however, that it is “through the focus of children that the author indulges his sense of hope” (p.182, de Jonge).” [Dostoevsky and the Theme of Children, Caroline Tillier] [de Jonge, Alex. Dostoevsky and the Age of Intensity. London: Secker & Warburg, 1975.]

“There are two great myths in American sports,” author and sportswriter Frank DeFord scoffed on National Public Radio earlier this year. “No. 1: Next year soccer will finally catch on in America. And No. 2: Next year, college presidents will finally clean up college sports.”

Good line, but the reason for the skepticism is simple: College football is a billion-dollar business. And money talks

“You need major changes, but the people that would do the reforming are the ones making the most money. So why would they reform it?” asked Wetzel, national columnist for Yahoo! sports.

“Ohio State had one of the highest-paid coaches in the country, the highest-paid athletic director and the highest-paid university president. Where’s the incentive to change? Everyone involved is getting really, really wealthy. We may say the system is corrupt, but I guarantee most of the people in it like things just the way they are.”

“That includes the fans, in most cases. “The public has always engaged in a willing suspension of disbelief about college athletics,” said Murray Sperber, visiting professor at the University of California’s graduate school of education and author of several books on athletic departments. “So the school tries to maintain an image of purity, and meanwhile there’s a whole Kabuki theater going on behind the scenes.”
[College football has lost its conscience, Article by: Phil Miller, Star Tribune, June 5, 2011 - 10:24 PM ]

“Kabuki is an original Japanese theater form born in the early 17th century, Edo period. The name ‘Kabuki’ comes from the Japanese word “kabuku”, meaning to behave or act in a modern/liberal way.” Over the years, Kabuki style has come to represent historical beauty of Japan.

Kabuki is one of Japan’s most honored theater forms. Kabuki is a Japanese art form of stylized play performances where the actors wear elaborate costumes and tell the story in terms of elaborate poses, dances. colorful costumes, music, action, high flying characters and samurai movements. There are 5 classic Kabuki plays.

College Football and other Sports events are similar. They are played with multicolored uniforms, band music, physicality, roused personalities, confrontations and big-headed athletes in a specially designed arena.

On the surface College Football is like the Kabuki performance, a magnificent presentation set to reflect the grandeur of football like Kabuki Beauty, Pageantry and Purity in Japanese history. In Kabuki Female Purity and Beauty inspires Female Strength. Most young women in Kabuki epitomize the purity of youthful beauty and innocence. Likewise, the innocence of the College Football scene is displayed on its surface.

Colors are important. The sacred Japanese nature of the color white is incorporated into the masks, kimonos and costumes in Kabuki plays. White facial powder is traditional. Sacred School colors of College Teams represent the purity, honesty, integrity and respectability to that institution of higher learning.

However, the underbelly of both the Beauty and Purity of Kabuki and Pageantry and Integrity of the College, that the Football game and team represent, have hidden story lines.

Underlying Kabuki, the genuine theme is that the given Purpose of Human Existence doesn’t exist in Kabuki life disguised by the Kabuki splendor.

Likewise, the genuine Purpose of Sports and the positive outcomes of Sports Participation in College and other Child and Youth Sports, don’t exist for many coaches and teams. The genuine Purpose of attending College for an Education for Student Athletes doesn’t exist in many College Football programs.

“The Kabuki Life is an aimless journey.” The Kabuki hero doesn’t manifest the Concept of Right and Wrong and doesn’t possess the Western Tragic Flaw, “the Mole of Human Nature or Ethical Code of Conduct. In Kabuki theater characters are sacrificed meaninglessly.

College Football’s Win-At-All-Costs Philosophy and Approved Young Athlete Abuse Syndrome are inconsistent with the Code of College Conduct.

The concepts of conscientiousness, morals, integrity, principled philosophy and honorable character in Kabuki culture are non-existent and in some cases College Football and other amateur Sports.

The entanglement of characters has no predicament solutions because there are no Kabuki rules of conscious order; no right from wrong. These abnormal behaviors defy Kabuki’s superficial Beauty and Purity, paradoxically. [The Kabuki Theater by Earle Ernst, 1974]

Similarly, College Football’s Integrity, Pageantry and Purpose are betrayed.

Hamartia act out ignorant, mistaken, or accidental wrongdoings as well as deliberate inequity, error, or sin. In Nicomachean Ethics, hamartia is described by Aristotle as one of the three kinds of injuries that a person can commit against another person.
Hamartia is an injury committed in ignorance (when the person affected or the results are not what the agent supposed they were). In tragedy, hamartia is often described as a hero’s fatal flaw.[Wikipedia]

In College Football and universally in Child and Youth Sports, Preventable and Not-Accidental Injuries, Deaths, Sexual Abuse and Human Rights violations result from Deviant, Abnormal Coaching Behaviors.

In some instances, College Football and Child and Youth Sports, are analogous to Kabuki themes. They have lost their conscience while attempting to perfect their beauty, integrity, pageantry, power, instruction, culture, purity and purpose in a misdirected Hamartialized and harmful journey.

FORMER PENN STATE FOOTBALL COACH CHARGED WITH SEXUAL ABUSE

“A former defensive coordinator for the Penn State football team was arrested yesterday Saturday Nov 2 2011 on charges of sexually abusing eight boys across a 15-year period. Jerry Sandusky, 67, who had worked with needy children through his Second Mile foundation. Gary Schultz, the senior vice president for finance and business, and Tim Curley, the athletic director Penn State, were charged Saturday with perjury and failure to report to authorities what they knew of the allegations, as required by state law.”

“This is a case about a sexual predator who used his position within the university and community to repeatedly prey on young boys,” the Pennsylvania attorney general, Linda Kelly, said in a statement.”

“Mr. Sandusky was an assistant defensive coach to Joe Paterno, the coach with the most career victories in major college football, who helped propel Penn State to the top tiers of the sport. Until now, the Big Ten university had one of the most sterling images in college athletics, largely thanks to Mr. Paterno and his success in 46 seasons as head coach.” [New York Times, Sam Borden contributor Nov 6, 2011]

‎”How To Report Child Abuse in Pennsylvania: “If you suspect that a child is being abused, abandoned or neglected, contact the agency listed below, call local Child Protective Services, call 9-1-1.”… “Here is a link Pennsylvania Department of Public Welfare Toll-Free: (800) 932-0313 TDD: 866-872-1677

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