CHILD ATHLETE ABUSE CONSEQUENCES HAVE NOT BEEN PROPERLY PUBLICISED

Country singer, Loretta Lynn [In the bathroom of the honkytonk when Doo is trying to convince her to sing on stage for the first time Coal Miner’s Daughter (1980)] Loretta says : “I may be ignorant, but I ain’t stupid!” [IMDb, movie quotes]

The Child Abuse Prevention and Treatment Act, Reauthorization 2010, (CAPTA), Public Law 111-320, has not been fully shared with Coaches and the public the way it is implied, when it comes to Child and Youth Athletes and Child Athlete Abuse Syndrome. Unfortunately, even though it is no “crystal clear Public Policy”, involuntary and voluntary ignorance of the Law is no excuse and no defense in court.

It’s as if CAPTA has a secret interpretation for Child and Youth Athletes. No one wants to be the one to enlighten American Society, that Child and Youth Athlete Abuse Syndrome is unlawful, because American Society doesn’t want to hear it. Sport, Recreation and Exercise are big business. That’s the bottom line.

Rather than Gladiators, American Society has begun throwing Child and Youth Athletes to the Lions, (a figure of speech).

Times have changed since many Coaches, the lawn chair grandparents and parents played the games. The Child Abuse Prevention and Treatment Reauthorization Act 2012, Public Law 111-320 was first enacted in 1972 after many Coaches, grown-ups and elders played the games.

Voluntary Ignorance of Child Protection Laws (When Child Protection Laws are Crystal Clear to Coaches and Everyone) are:
• Risk of injury to Children
• No excuse for serious injuries and deaths
• No defense in court serious injuries and deaths
• Risk of litigation for Coaches

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]

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 hierarchy among the Athletic Community of Responsibility for Athlete 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.

Currently, violence and abuse in sports have been neglected by many dysfunctional systems in crisis, some of whom were named by the Surgeon General and others included by this reporter following further research. These systems in crisis have resulted, sometimes from ignorance of the law, error, lack of will to enforce the law, and/ or frank maliciousness, resulting in obstruction of CAAS Prevention:

• Public Health Services
• Sports Medicine
• Social /Child Welfare Systems
• Criminal Justice Departments
• Education-Awareness Groups
• Federal High School Athletic Federations
• State High School Athletic Associations
• Non-School Leagues and Associations

STATES MUST COMPLY WITH CAPTA 2010

• State Child Abuse Performance Procedures and Actions should reflect CAPTA 2010 because of the Federal Funds and Grants received by States
• States are mandated to alter their powers, duties and management functions satisfying CAPTA 2010 compliance with the purposes for which the Federal Funds and Grants are made available to States by Federal Law

ROLE OF THE COACH IN SPORTS, RECREATION AND EXERCISE

Role of the Coach in Sports, Recreation and Exercise (SRE) has 2 Components:
• 1st Duty of the Coach is Care for the Child while the Coach has Custody and Control of the Child during SRE Participation; called the Caretaker (Caregiver)
• Athlete Safety 1st, The Coach is to Provide Proper Child Care, , Protection, Supervision, Safe Environment and Recognize Sport Dangers
• 2nd Role of the Coach in SRE is on and off the Field Enforcement Child Athlete and Participant Rules and Regulations, during Practice and Game-Play and Proper Athlete Evaluation, Classification, Instruction, Techniques for Participation

“COACH SUBSTITUTE CARETAKER” DEFINITION

• The Coach is legally defined as a “Coach Substitute Caretaker” when Coaching Children less than 18 by KY and other states’ DCBS, CPS and U.S. CDC, U.S. NIH, U.S. Surgeon General, U.S. Department of Health and Human Services.
• Legal Scholars and Health Care officials have decifered, know and understand the definitions for Coaches in the Law. They just haven’t shared them sufficiently with everyone else.
• Both States’ and Federal agencies and governments have made those “Coach-Substitute-Caretaker” declarations, but not publically
• The legal Role of the “Coach Substitute Caretaker” in Sports, Recreation and Exercise has not been properly authored in
Section 3, Paragraph 2. of CAPTA 2010 and then issued, published and promulgated for Awareness to general public
• The legal Role of the “Coach Substitute Caretaker” is not “Crystal Clear” because it is not spelled out in the definition language of CAPTA 2010 Law Section 3. Paragraph 2.

THE FOLLOWING PROPOSED AMENDMENT IS A KEY SOLUTION

• {the Following is a Proposed additional Public Health Amendment to Section 3. Paragraph 2., an innovation by Athlete Safety 1st as suggested in 2005 by the U.S. Surgeon General. The New Language is Capitalized and a recommended addition to S. 1877 described below}:

(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

• {the Following is a Proposed Amendment S. 1877 by Senators Casey and Boxer Language Capitalized Senate Bill 1877 (S. 1877 currently in Senate Committe awaiting action}:

(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.’
If S. 1877 is not enacted into Law, then the Athlete Safety 1st amendment (A) should be enacted.

INVOLUNTARY IGNORANCE OF THE LAW

• Coaches, the entire Athletic Community and the general public manifest Involuntary Ignorance of Child Protection and Supervision Laws during SRE Participation.
• Coaches, the entire Athletic Community and the general public don’t know the Coaches’ Role in SRE and are not aware of the Special Standard of Care. They are not aware that the Coach is a “Substitute Caretaker, which is not “Crystal Clear” within the Law.
• The Coach is a Temporary Substitute Parent (Caretaker) during SRE Participation because the Coach has the duty of Care while exercising Custody and Control of Children in School and Non-School SRE.
• Other Coaches, the entire Athletic Community and the general public will most likely Report Child Sexual Abuse when they realize and fully understand and have been educated about the Duty of the “Coach-Substitute-Caretaker”.
• Everyone including Pre-Pubescent and Adolescent Children will self report Child Athlete Abuse Syndrome, not delay, once they understand their Rights, which will be made “Crystal Clear”, under the new amended 111-320 Law

It’s one situation to be Involuntarily Ignorant of the Law, when the law has not been properly shared with everyone by authorities. Its another situation, if they are consciously corrupt for fame and win-at-all-costs and are cruel and abusive to Child Athletes. Unfortunately, either way, it puts the Coach at risk for criminal charges and civil liability.

The Child Abuse Prevention and Treatment Act, Reauthorization 2010, (CAPTA), Public Law 111-320, has not been fully shared with Coaches and the public the way it is implied, when it comes to Child and Youth Athletes and Child Athlete Abuse Syndrome. CAPTA 2010 is not full scale Public Policy.

Unfortunately, what appears to be secretive legal interpretation of CAPTA for Child and Youth Athletes and involuntary and voluntary ignorance of the Law, are no excuse and no legal defense in court.

Let’s not Spare the Crime and Spoil the Law. For example, Child Athlete Abuse among Swimmers is not just Sexual Abuse. It seems to be the most frequent among Swim Athletes. Recently an orthopedic surgeon consulted me about Reporting Abuse, which should be to the County Attorney first.

A teenage swimmer was punished twice within minutes after “she was unable to complete the exercise and was told she was too slow and was told to get out of the pool and do 512 push-ups without her knees on the ground (which is how she had done push-ups in the past).” Twice she did the punishment. Those punishments resulted in a torn shoulder labrum and shoulder dislocation.

All forms of Abuse in All Sports, Recreation and Exercise Participations must be eradicated. Enacting one law at a time for the most popular Injury and/or sport of the Day is a Disservice to other Child Athletes.

Enacting one law at a time doesn’t address the Entire Child Athlete Abuse Syndrome Epidemic. Federal and State Control over Child Athlete Abuse will be eviscerated when Cherry Picked. No Abused Child Athlete Should be left behind the Cherry Tree.

Everyone with a advocacy issues should unite advocacy efforts nationwide and take Child Athlete Abuse Syndrome in a consolidated plan to Washington D.C.

Leave a Reply

Your email address will not be published. Required fields are marked *