FEDERAL SAFE SPORT ACT SHOULD BE REPEALED, REPLACED, CONSOLIDATED, NULLIFIED OR CHALLENGED CONSTITUTIONALLY

USA Olympic Gymnastic Sexual Misconduct Policies and Procedure Publications updated March 2018 and reviewed July 6, 2018 reveal that Instructions in USA Olympic Policy and Procedure brochures for Reporting Sexual Misconduct continue to be confusing, ambiguous, vague, uncertain and extremely misleading.

USA Olympic Gymnastic Sexual Misconduct Policies and Procedures do not mandate and ‘spell-out in no uncertain terms’, immediate Reporting to the State County Attorney, chief law enforcement officer in the county or other county, commonwealth, community law enforcement officer and, in addition, at the same time, Child Protective Services (CPS) for the initiation of the Multidimensional Team Intervention, including Doctor emergency examination and treatment, recommended and published by the U.S. Department of Justice.

However the USA Olympic Gymnastic Sexual Misconduct Policies and Procedures make it clear that The Center for Safe Sport has the exclusive Jurisdiction and  authority to investigate and resolve conduct involving Sexual Misconduct.

Suspected Coaches can be permanently banned from Olympic Coaching before appropriate law enforcement and social services can conduct investigations and resolve suspected victimizations.

This advocate, journalist, promoting Athlete Safety 1st, additionally promotes Equal Protection Under the Law, innocent until proven guilty, Presumption of Innocence, Due Process as every U.S. citizen should.

Child Athlete Sexual Abuse is a criminal act. In criminal law, Blackstone’s Presumption of Innocence Formulation (also known as  the Blackstone Ratio) is the principle that: “It is better that ten guilty persons escape than that one innocent suffer”, [William Blackstone,  Commentaries on the Laws of England, published in the 1760s]  and allegorically described in [Genesis (at 18:23-32]

see newspaper report: [“Kentucky Coach among first banned from track events for alleged sexual misconduct,” by Linda Blackford Apr 20,2018 Lexington Herald Leader]

“A private pole vaulting coach based in Lexington, KY who has worked with high school and college students in at least two states has been banned from official USA Track and Field events for alleged sexual misconduct.”

His ban was ordered during the ‘old SafeSport regime’ prior to the newly legalized SSA and SSC Law Feb 2018.

“The ruling on this coach, is one of the first made by the U.S. Center for SafeSport, created by the U.S. Olympics Committee in 2016 in the wake of several scandals, including sexual abuse by national gymnastics doctor who was recently convicted of sexual assaulting his patients.”

The article describes this suspect Coach’s continuing problem, not yet resolved in 2018. The delayed resolution of his problem is the focus of this journalist’s response.

The banned Coach’s Lexington attorney, said “the ‘dispute’ with SafeSport is ongoing and has not reached final resolution.” Please read the complete article:  http://www.kentucky.com/news/state/article209431034.html#emlnl=Afternoon_Newsletter

Due Process, fair, expeditious justice for All citizens are essential and likewise esential in a Safe Sport Law.

“Denial of effective, definitive justice is a menace to society.” [Frederick Douglas] Lengthy unresolved judiciary, while in the meantime demeaning, punishing and banning the suspect from prospective employment is a travesty and not fair-minded and impartial to either the suspected victim or the suspected accused. Both require definitive actions.

Now see the exact wording in the USA Olympic Gymnastic Sexual Misconduct Policies and Procedures updated 3/7/20187 and reviewed by this advocate journalist July 6, 2018.:

“USA Gymnastics | Women’s Program Rules and Policies, Updated 3/7/18,  Various updates were made in Chapter 10.      https://usagym.org/pages/women/pages/rules_policies.html

“Part II. Reporting, Jurisdiction and Processing Complaints.

When any member – gymnast, participant, coach, official, volunteer or staff member – is subjected to abuse or misconduct,

“Members are required to (report) provide notification of conduct by a Covered Individual that could constitute Other Safe Sport Misconduct:

  1. “Directly to USA Gymnastics.
  2. “Notification to USA Gymnastics DOES NOT satisfy any legal reporting requirements under state or federal law. If the suspected conduct may also be criminal, persons are required to report to legal authorities prior to notifying USA Gymnastics.
  1. “Jurisdiction. 1. Sexual Misconduct. The Center has the exclusive authority to investigate and resolve conduct involving Sexual Misconduct, as well as prohibited conduct under the Code that is reasonably related to the underlying allegation of Sexual Misconduct.

_________________________________________________________________________________

SUMMARY May 25, 2018

This journalist, Athlete Safety 1st website, Prevent Child Athlete Abuse advocate does not solicit donations, advertise and is not a 501(c)(3), and is uniquely qualified to evaluate and describe the successes and failures of the Safe Sport Act and Center for Safe Sport. Please see Curriculum Vitae;  http://www.cappaa.com/micheal-b-minix-sr-m-d-cv-sports-work-history

“The Ted Stevens Olympic and Amateur Sports Act gives the U.S. Olympic Committee (USOC) the authority and responsibility to ensure that its member National Governing Bodies (NGBs) comply with the Sports Act’s statutory membership requirements, as well as the USOC Bylaws and policies.”

“A memo addressed CEO Scott Blackmun inaction, NGB non-compliance, and the USOC’s conscious, willful decisions to deny responsibility for sexual abuse by NGB coaches and others in positions of authority.” The memo addressed the problems with “Federalizing the Crime” of Child Athlete Abuse, which is a state power and jurisdiction.

HORRIFIC:  “In view of the timeline of events outlined in the memo, the USOC cannot now say that it was unaware of NGB non-compliance under the Sports Act, or the Sexual Abuse Epidemic in USA Gymnastics and other NGBs. Blackmun and the USOC created the underlying conditions for sexual abuse to thrive by cutting athletes off from institutional support……Other Coaches, Officials or Parents who saw abuse could not get USAG to take action against the coach, even though they may have witnessed the abuse directly” [Memo, The USOC Knew NGB’s were anot Complying with eht Amateur Sports Act, Feb 4, 2018 Prepared and submitted by The Committee to Restore Integrity to the USOC]

Currently, Congress has an ongoing investigation into the Gymnastics horrific sexual misconduct tragedy. We advocates want equal justice for all. [Congress grills USOC, USA Gymnastics, USA Swimming about sexual abuse,  by Scott Reid, Orange County Register May 23, 2018].

Hopefully, Congress will require much stiffer penalties than now required and Repeal or Nullify the current Safe Sport and Center for Safe Sport Act and replace it with a more inclusive non-Federalized Enumerated Sovereign State Act protecting All Child Athlete Abuse Syndrome Epidemic Injuries, The Multidimensional Team Intervention for Child Abuse, recommended by the U.S. Department of Justice

The Safe Sport Act (SSA) / Center for Safe (CSS) Sport was a hurried (in government time), narrow, superficial legislatively drafted Reaction to a Doctor’s horrific wrongdoing, repeated Olympian Sexual Abuse. All we advocates want justice for All Abused Child Athletes and detested the incompetent lack of supervision by USOC, USA Gymnastics, USA Swimming, and SafeSport 2010-2017.

Rather than the current Safe Sport Act / Center for Safe Sport Federal Law hurriedly drafted

  • replacement Law is advocated for Intervention, authority over All Child Athlete Sexual Abuse
  • and over All Child Athlete Physical, Psychological Maltreatment and Civil Rights violations
  • with Federal definitions, guidance, and funding
  • derived with a nationwide extensive view
  • plus comprehensive Child Abuse knowledge, wisdom, mindfulness and patience
  • a state law aggregating current Child Abuse Prevention and Treatment ACt 2010
  • that would accomplish the Safe Sport Act objectives
  • but be much more inclusive for All Child Athletes and Types of Abuse
  • achieved with State Enumerated, Sovereign Authority
  • with the Promotion of Athlete Safety 1st
  • and Prevention of All Child Athlete Abuse Syndrome (CAAS) Injuries
  • and Eradication of the current Child Athlete Abuse Syndrome Epidemic.

See the following reports about the problems when State Laws are overlaid, duplicated or replaced with Federal Laws and possible solutions for unaccepted Federal laws:

First, All Suspected Child Sexual, Physical, Emotional Maltreatment, Endangerment and Abuse and Child Athlete Abuse, including Olympian, must be referred immediately to the County Attorney and Child Protective Services (CPS), in he State (Commonwealth, Community) where Suspected Victim lives, to insure the Victim’s Medical Care and for the Multidimensional Team Intervention first, NOT Center 4 Safe Sport first.

The SSA and CSS  have no immediate Medical Examination policy and procedure for suspected Child Sexual Abuse Victims. 

“Research reveals that 95% of Confirmed Victims, who were alleged to have suffered Sexual Abuse Do Not Show Definitive Signs of Sexual Contact.”

Skilled Medical Exams and Laboratory Findings are EMERGENCies because admisible biological evidence only lasts 72 hours after the victimization.  [ Heger A, Ticson L, Velasquezo, Bernier R. Children referred for possible sexual abuse: medical findings in 2384 children. Child Abuse Negl 2002; 26:645-659]  [Pediatric Trauma: Recognizing and Managing Child Sexual Abuse, by Elaine Cabinum-Foeller, MD, Ronald M. Perkin, MD, MA, May 1, 2006, Trauma Reports, RELIAS]

“External physical trauma is not usually visible.” Violating, forcible and/or diseased genitals, anatomy, instrument trauma and/or penetration of victim genitals are Emergencies.

All Pediatric Forensic Child Abuse Examinations are Emergencies, before an untrained person or SSA/CSS “authority” further traumatizes the Child’s emotional stability, risks the Child’s physical safety and/or blunders the forensic medical evidence. Time limitations are in play.

America’s Future — “Federalizing” Crime is a Bad Idea, Jan. 21, 1996: Former U.S. Attorney General Edwin Meese says two tragic events have fundamentally changed the way many Americans view federal law-enforcement agencies and jeopardized public confidence in the federal government itself.”  Link:  http://www.americasfuture.net/1996/jan96/af1-21b.html

The Dangerous Federalization of Crime, Link:  https://www.hoover.org/research/dangerous-federalization-crime

The “Mens Rea” Component Within the Issue of the Over-Federalization of Crime, The Federalist Society, Link:  https://fedsoc.org/commentary/publications/the-mens-rea-component-within-the-issue-of-the-over-federalization-of-crime

Yes, States Can Nullify Some Federal Laws, Not All, Cato Institute: “States can elect not enforce Federal laws and/or nullify Federal Laws believed unconstitutional but, because the Supreme Court is the ultimate authority, the proper remedy is a lawsuit challenging the constitutionality of the suspect federal regulation or statute.” Link: https://www.cato.org/publications/commentary/yes-states-can-nullify-some-federal-laws-not-all

“Congress Grilled Incompetent 2010-2017 SafeSport, USOC, USA Gymnastics, USA Swimming about Sexual Abuse Misconduct” on May 23, 2018.  [Congress grills USOC, USA Gymnastics, USA Swimming about sexual abuse,  by Scott Reid, Orange County Register May 23, 2018]

Following are a several concerns regarding SSA/CSS and Child Athlete Abuse Injury Statistics.

1. Children are in the custody of 2 entities:

  • State ‘Parens Patriae’ Doctrine
  • and Parents (Guardian) custody.
  • When Parents (Guardians) are unable or unwilling to provide proper care, custody and control of their Children, the State has the authority to intervene, proceed and resolve the issue and/or incident.
  • When Children are Maltreated, Endangered, Abused and sustain Civil Rights violations the State has the authority to intervene, proceed and resolve the issue and/or incident.

2. Enumerated powers are

  • the powers sovereignly granted to the U.S. Federal Government
  • and enumerated powers are sovereignly granted to the States.
  • Child Protection, Welfare and All Child Abuse Interventions are enumerated powers granted to the States, not the Federal Government, when the United States were formed. {U.S. Department of Justice]
  • “The Framers of the Constitution recognized the dangers of making criminal law a federal offense. The negative, unintended consequences and the threat to life and liberty by federalization of a state law are enormous.” [Michigan Congressman Justin Amash, Voted Against Safe Sport Act, Jan 31, 2018, Michael Monks, Editor and Publisher, River Cities News]

3. The United States now have a Children’s Sports, Recreation, Exercise and other Extracurricular Activities (SREOA) Injury Epidemic.

4. 8,000 Child Athletes each day are treated in Emergency Departments.

  • 50% (~4,000) are Not Accidental and Preventable i.e. Heat Stroke from Water deprivation, Concussion Mismanagement, Sickle Cell Trait Sudden death, Cheerleading Catastrophic injuries,  Rhabdomyolysis, Assault, Overuse ACL Injuries etc.

5. In order to Cure and Prevent a Child Amateur Athlete Epidemic, the Epidemic has to be named, so that entire Sport Community, Medical, Legal and Governmental Associations are on the same page, including Risk Management Companies, who insure schools, leagues, organizations etc.

6. The Epidemic is defined and called: ‘Child Athlete Abuse Syndrome Injury Epidemic’. The language for CAAS is the ICD-10 medical diagnostic Code.

Examples:

The definition and description of Child Abuse and Crimes to Children, are the broad spectrum of Child Cruelty Crimes, Child Physical and Psychological (Emotional) Maltreatment, Endangerment, Sexual Abuse, Neglect and Civil Rights Violations.

Crimes against Children are what the law says, victimization of a Child, no other type human. Children, the age of minority, <18 years old, who by definition require guardianship and care by adults, who by law are never without adult permanent or temporary substitute caretakers, are among the most vulnerable and innocent victims of crimes.

Children require the umbrella of Child Protection by an adult caretaker, on every inch of ground worldwide, during every nanosecond of time.

Crimes against children include physical and emotional maltreatment, endangerment and sexual abuse, neglect and exploitation, such as through child pornography or sex trafficking of minors.

Child-related crimes often are perpetrated by parents, relatives, caretakers, and others who are charged with their care and guidance, permanent or temporary substitute caretakers.

School officials, physicians, police officers, and other such authority figures are ‘mandated reporters’, required to report any signs of abuse or exploitation against a child. [FindLaw, Thomason Reuters 2018]

The age of minority, <18 years old, defines the Child Abuse and Neglect Criminal Law for the criminal act. The Place where it occurs, the Activity and the Perpetrator Do Not initially define the criminal law, but become modifiers.

Splintering and collapsing existing time tested Child Abuse Law and Singling-out Child Olympians for a special Federalized category of Child Abuse Law are preposterous propositions. Current State empowered, sovereign Child Abuse Laws are compromised.  Many concerned are now confused about the SSA and CSS.

Olympians are a special category defined by the Ted Stevens Olympic Amateur Sports Act of 1978,

Are the doctor examination and diagnoses codes captured and analyzed for each Olympians doctor visit for data mining and other analyses? Doctor policies and procedures are not described in the SSA and CSS, unfortunately.

‘Olympics’ and ‘Olympian’ are entities unto themselves, not types of competition participations and are not ICD-10 diagnostic modifier codes, because a more specific modifier code for ‘Olympics’ and ‘Olympian’ are unnecessary, peripheral and not pertinent to the ICD-10 Forensic Medical diagnostic code.

‘Olympics’ and ‘Olympian’ do not contribute, cause or allow to be caused, a Child’s Forensic Child Athlete Abuse Injury, like the modifier code for gymnastics participation and doctor perpetrator.

Other Identifying data and healthcare insurance data will describe Olympian’s Olympic association. Olympics in and of itself is not a Sport, Recreation and Activity participation. Many other people are associated with the Olympics and have Olympic Medical Coverage who are not competition participants.

Documenting Diagnosis and Criminal Case requires following who, what, when, where.

Victim Name and Date for each encounter and the other ICD-10 diagnostic modifier codes.

Diagnosis: Child Sexual Abuse: ICD-10 Diagnostic Code = T74.22XA                                                Add modifier Activity, gymnastics = Y93.43                                                                                          Add modifier, suspected Doctor Perpetrator ICD-10 Code =Y07.52

Diagnosis: Child Physical Abuse, confirmed, initial encounter =T74.12XA                                      Add modifier Activity, American tackle football = Y93.61                                                                    Add modifier suspected Coach Perpetrator ICD-10 Code =Y07.53

Diagnosis: Child Physical Abuse, confirmed, initial encounter =T74.12XA                                Diagnosis: Heat Exhaustion, anhydrotic, water deprivation Code = T67.3XXA                                      Add modifier Activity, Soccer = Y93.66                                                                       Add modifier suspected Instructor Perpetrator ICD-10 Code=Y07.53

Child psychological, emotional abuse, ICD-10-CM = T76.32XA                                                       Child home bathroom ICD-10-CM Diagnosis Code = Y92.111                     Biological mother, perpetrator ICD-10-CM Diagnosis Code = Y07.12

For every Child Athlete Abuse Syndrome incident different specific diagnoses, activities and suspected perpetrators can be added to supplement the diagnosis i.e  Y07.0 Spouse, Y07.53 Teacher or instructor, Y07.42 Foster parent neglect, Y07.11 Biological father, Y07.512 At-home adult care provider, Y07.521 Mental health provider and numerous others

7. Former Secretary of State, Condeleezza Rice. said, “No Sport is a Kingdom unto its own”. “No one and no Sport are above the Law” regarding the Penn State Athlete Sexual Abuse Tragedy, Interview on CNN State of the Nation, Candy Crowley Nov 20, 2011]

8. In the past Sport Coaches and others have mistreated and abused Athletes because they felt their Sport was a “Kingdom unto its own” impervious to outside interference by the Rule of Law. Books were published about ‘tough football Coaches in the Southeast, where the Epidemic appeared to begin in the U.S., Bull Cyclone Sullivan, (EMiss), The Junction Boys (Bear Bryant, Texas A&M), The Thin Thirty (Coach Charlie Bradshaw, UK) and other historical accounts. Athletes were considered “Lesser Players”, “Win-At-All-Costs: pawns in the “Kingdoms”, not Student Athletes and could be maltreated relentlessly. Human Rights in Youth Sports, by Paulo David, was the bible, an international tome.

‘The Thin Thirt’y is a remarkable book written by Shannon Ragland and published by Set Shot Press in 2007. It is an historical book about the University of Kentucky brutal, abusive football tragedy in 1962, untold and hushed until TTT publication.

Reunion Questionnaires were mailed to our teammates and information gathering began. Concerns about teammates reported experiences 47 Years Ago began to accumulate as teammates returned information for the Reunion. 2 psychologists associated with our team recognized the occurrence of PTSD signs and symptoms among other injuries.

Imagine, we football Athletes were so loyal to Coaches we never said or did anything about the later discovered criminal behavior of our UK Football Coaches, until The Thin Thirty was published. Then we reacted with sadness, disappointment, longing and anger. What could have been?

We realized our teammates suffered morbidity and mortality from the reports submitted. That prompted us to survey our 1961-1962 University of Kentucky Football Team. Frank Deford, Sports Illustrated reporter, said from his recollection, it was the “first study of its kind”.

Thus began our research group’s difficult, altruistic mission to discover the circumstances and pathology that compelled Charlie Bradshaw and his assistants to the vile, tyrannical, brutal, abusive, abnormal Coaching Behaviors that they manifest during 1962.

The result was “A Longitudinal and Retrospective Study of The Impact of Coaching Behaviors on the 1961-1962 University of Kentucky Football Wildcats”, Kay Collier McLaughlin, Ph.D., Micheal B. Minix Sr. M.D., Twila Minix, R.N., Jim Overman, Scott Brogdon. The survey report is on this website:  http://www.cappaa.com/kentucky-football-tragedy-and-bradshaw-forgiveness

See the report about citing High School Ahtletic Association Rules Violations 2009, rather than Child Abuse Laws, KRS 620.120, in the first ciminal case of a Coach, who was acquited for alleged Child Football Endangerment and Wrongful Death: http://www.cappaa.com/category/lessons-learned-from-the-death-of-max-gilpin

9. Sports Organizations and Coaches Only had to abide by High School Athletic Association, NCAA, league, organizations and federations rules of play, which are not the Rule of Law, to sustain their play,

10. In order to address the Child Sexual Abuse Injury Epidemic and, secondarily, Child Athlete Abuse Syndrome Epidemic generally, Congress passed a poorly drafted law. But 2 wrongs don’t make a right: Wrongdoing Allegation countered with a Wrong Solution, which can be reworked.

  • The Safe Sport Act (SSA) and the Center for Safe Sport (CSS) created by S.534 bill, passed into law Feb, 2018, appears to want to address the concept of  ‘Win-At-All-Costs’ “Sport Kingdoms Unto Their Own”  with a united SSA / CSS law,
  • but, in reality, the new law is confusing, ambiguous, superficial,
  • Its depth has passing, scant, familiarity about
  • ‘Battered Child Syndrome’,
  • Child Abuse Prevention and 42 U.S.C. United States Code, 2010 Edition Title 42 – THE PUBLIC HEALTH AND WELFARE CHAPTER 67 – CHILD ABUSE PREVENTION AND TREATMENT ACT (CAPTA) 2010
  • and ‘Child Athlete Abuse Syndrome Injury Epidemic’.

11. CSS appears to be an organization, that can filter suspected Child Sexual Abuse reports, as instructed directly reported to them first, before the CSS decides to report it to law enforcement, a preposterous proposition.

Federalization begs confusion. The federal government does not have hands-on, local, community, commonwealth, state, readily available law enforcement officers.

Many delays in Nassar prosecutions were because suspected Child Abuse Victimizations, out of confusion, were reported to the FBI.

Few Reporters are savoy enough or will take the time to research the Reporting legal concept as required: “TITLE I–PROTECTING YOUNG VICTIMS FROM SEXUAL ABUSE, SEC. 101. REQUIRED REPORTING OF CHILD AND SEXUAL ABUSE.(a) Reporting Requirement.–Section 226 of the Victims of Child Abuse Act of 1990 (34 U.S.C. 20341); hall as soon as possible make a report of the suspected abuse to the agency designated by the Attorney General under subsection (d)”

Directions are not ‘crystal clear’ enough to become public policy; not sustainable, going long.

12. “For Safe Sport Act and Center for Safe Sport Federal jurisdiction to exist, the individuals and organizations described in the Safe Sport Act legislation must somehow be engaged in interstate commerce or its activities” which is beyond reach for Child Athlete Abuse Syndrome, according to previous ‘helds’ (rulings) of the SCOTUS.

13. “With regard to the Commerce Clause, the SCOTUS justice majority said that the result was controlled by [United States v. Lopez (1995)], which had held that the Violence in Gun-Free School Zones Act of 1990 “marked the first time in half a century that SCOTUS held Congress had overstepped its power under the Commerce Clause” and was unconstitutional. [Bill of Rights Institute]

14. There as in [Morrison], the SCOTUS stressed “enumerated powers” that limit federal power in order to maintain “a distinction between what is truly national and what is truly local.” [Lopez] therefore limited the scope of the Commerce Clause to exclude activity that was not directly economic in nature, even if there were indirect economic consequences. [Lopez] was the first significant SCOUS limitation on the Commerce Clause powers of Congress in 53 years.

15. The Safe Sport Act appears to have framed the Commerce Clause inappropriately, which has resulted in violations of States Rights, Children’s Rights and suspected Perpetrators’ Rights, who are unprotected by the SSA.

16. The Center for Safe Sport has investigative, prosecutorial, judge, jury and sentencing unfettered power, not controlled, limited, prevented or directly and firmly overseen by anyone or any body of law. [unfettered power Cambridge Academic Dictionary]

17. SSA and CSS Law prohibit individuals, amateur athlete, coach, trainer, manager, administrator, or official from filing Class Action Law suits, and actions by individuals who want to raise claims about some aspect of their SSA and CSS activities.

18. TITLE II–UNITED STATES CENTER FOR SAFE SPORT. (a) In General“Subchapter III–United States Center for Safe Sport “Sec. 220541. Design

“Sec. 220541.

“(c) Binding Arbitration.

“(1) In general.–The Center may, in its discretion, utilize a neutral arbitration body and develop policies and procedures to resolve allegations of sexual abuse within its jurisdiction to determine the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official, (Individual) who is the subject of such an allegation, to participate in amateur athletic competition.

“(2) Preservation of rights.–Nothing in this section shall be construed as altering, superseding, or otherwise affecting the right of an individual within the Center’s jurisdiction to pursue civil remedies through the courts for personal injuries arising from abuse in violation of the Center’s policies and procedures, nor shall the Center condition the participation of any such individual in a proceeding described in paragraph (1) upon an agreement not to pursue such civil remedies.

{{{ “Workers who want to take action against sexual harassment, disability discrimination, pregnancy discrimination and racial discrimination “may now be forced behind closed doors into an individual, costly – and often secret – arbitration process,” said Fatima Goss Graves, president and CEO of the National Women’s Law Center” [SCOTUS Sides With Employers In Class Action Arbitration, May 21, 2018, CNN]}}}

“ (d) Limitation on Liability.–  “(1) In general.–Except as provided in paragraph (2), an applicable entity shall not be liable for damages in any civil action for defamation, libel, slander, or damage to reputation     arising out of any action or communication, if the action arises from the execution of the responsibilities or functions described in this section, section 220542, or section 220543.[https://www.congress.gov/bill/115th-congress/senate bill/534/text?format=txt]

In an article “Arbitration Everywhere, Stacking the Deck of Justice”……”If individuals have a problem with their account, the company…… “may elect to resolve any claim by individual arbitration.”(1-9)…… “Those 9 words are at the center of a far-reaching power play orchestrated by American corporations.”……

”By inserting individual arbitration clauses into a soaring number of consumer and employment contracts, companies devised a way to circumvent the courts and bar people from joining together in class-action lawsuits, realistically the only tool citizens have to fight illegal or deceitful business practices. [Arbitration Everywhere, Stacking the Deck of Justice by Jessica Silfer-Freenberg and Robert Gebeloffoct,

19. Is the Center for Safe Sport a Mandated Reporter? That requirement has Not been spelled out. Problematic and unclear are the answers.

20. The CSS only supervision is an annual report: ‘§ 220543. Records, audits, and reports ‘‘(a) RECORDS.—The Center shall keep correct and complete records of account. ‘‘(b) REPORT.—The Center shall submit an annual report to Congress.

Enormous unjust, irreparable injury to suspected victims and suspected perpetrators can occur in a year and following cursory annual review.

21. “In 2017, federal lawmakers set out to address the issue of child sexual abuse in youth sports, generally, not limited to gymnastics. Attempting to address the risk of child sexual abuse at the federal level has both an upside and a downside, in terms of who is impacted by the new law.”….”It is unclear from Safe Sport Act whether Amateur Youth Sports Organizations sanctioned by a NGB (National Governing Body) are subject to ‘regular and random audits’ to ensure compliance.”

22. “Though all categories of youth sport organizations are required to establish reasonable procedures to protect young athletes, the legislation on this point is weak.”

23. Federal lawmakers can enact legislation anytime they want to enact laws. even when the new laws are constitutional or unconstitutional laws,

  • but after enacted, down the road SCOTUS might eventually test unconstitutional, the “windy side” of the laws
  • Congress can enact legislation that governs youth sport organizations and/or individuals linked to the Commerce Clause, like a National Governing Body (i.e., USA Gymnastics),
  • but how does the Commerce Clause Act link and impact a team of 5-year olds team, who do not compete in interstate or international competition? It does not link.
  • The power of federal lawmakers is broad, particularly given use of the Commerce Clause, but the power is not unlimited.
  • For Federal jurisdiction to exist, the individuals and organizations subject to this new SSA/SSC law must be engaged in interstate commerce, production/manufacture, transport and other activities. [Preventing Child Sexual Abuse in Youth Sport – New Federal Legislation Takes Extraordinary Step Gregory S. Love, Esq. Kimberlee D. Norris, Esq. February 9, 2018 -Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 -Impact of new ‘Safe Sport Act’ will impact all of youth sport – directly or indirectly -Preventative legislation, rather than reactive.]

24. The Safe Sport Act (SSA) and Center for Safe Sport (CSS) do not appear to have had consultations with professionals certified in Child Abuse Prevention and Treatment Act. The information within the law does not reflect the Child Abuse certification training information like this journalist, advocate received, although some claimed to be ‘Experts’.

25. Perseverance (Persistence) vs. Perseveration (patient or individual repetition of a particular response from multiple different stimuli [Dorland’s Medical Dictionary]) “The definition of insanity is doing the same thing over and over and expecting different results.” [unknown] ……”the dumbest thing a smart person ever said or did.” [The Definition of Insanity is…Perseverance vs. Perseveration, by Ryan Howes, PhD, ABPP, Jul 27, 2009, Psychology Today]

26. Another Center For Safe Sport (CSS) concern IMHSMC.A.R.E.O, in excellent newspaper article revealed a potentially prejudiced rush to justice: [“Kentucky Coach among first banned from track events for alleged sexual misconduct,” by Linda Blackford Apr 20,2018 Lexington Herald Leader]

“A private pole vaulting coach based in Lexington, KY who has worked with high school and college students in at least two states has been banned from official USA Track and Field events for alleged sexual misconduct.”

His ban was ordered during the ‘old SafeSport regime’ prior to the newly legalized SSA and SSC Law Feb 2018.

“The ruling on this coach, is one of the first made by the U.S. Center for SafeSport, created by the U.S. Olympics Committee in 2016 in the wake of several scandals, including sexual abuse by national gymnastics doctor who was recently convicted of sexual assaulting his patients.”

The article describes this suspect Coach’s continuing problem, not yet resolved in 2018. The delayed resolution of his problem is the focus of this journalist’s response.

The banned Coach’s Lexington attorney, said “the ‘dispute’ with SafeSport is ongoing and has not reached final resolution.” Please read the complete article:  http://www.kentucky.com/news/state/article209431034.html#emlnl=Afternoon_Newsletter

Advocates want convicted perpetrators banned, but don’t want the innocent banned from Coaching without a guilty verdict. Temporary suspension prior to trial is reasonable. Banned from coaching for 2 years before resolution is not reasonable. Fair, expeditious justice for All is essential in a Safe Sport Law. Denial of effective, definitive justice is a menace to society. [Frederick Douglas] Lengthy unresolved judiciary, while in the meantime demeaning, punishing and banning the suspect from prospective employment is a travesty and not fair-minded and impartial to either the suspected victim or the suspected accused. Both require definitive actions.

Proper Reporting, Interventions, Investigations and Prosecutions, and Due Process and appropriate Acquittals for suspected Child Athlete Abuse Syndrome’ (CAAS) i.e. Child Athlete Physical, Psychological (Emotional), Sexual Abuse and Civil Rights Violations, usually require the time-honored method, the Multidisciplinary Team (MDT) approach, advocated by the U.S. Justice Department.

27. Federal Center for Safe Sport “Kingdoms”, with different “oppressive and unwise” prejudices different from Sports “Kingdoms” that initiated these actions in the first place, do not justify overriding excellent, well funded current Sovereign State Enumerated Child Abuse Laws defined and guided by existing Federal laws, CAPTA 2010.

  • SSA / CSS should have not been layered between Child Athlete Abuse Syndrome and Law Enforcement.
  • SSA / CSS should have not been layered between Child Athlete Abuse Syndrome and Doctors / Healthcare
  • Every United State has Multidimensional Team Approach, poised for Child Abuse Intervention when called upon.
  • All each State needs is renewed motivation, promotion and additional funding.
  • Funding should not be divided with SSA / CSS

28. The Dr. Larry Nassar victimizations were horrific. Many questions were asked when Congress held their investigative hearing of USOC, USA Gymnastics and other NGBs, CEOs and witnesses were examined.

Were the other Coaches, Officials and Parents complicit? Fame and Fortune lead to “psychological discord” “psychic entropy” [[The Perils of Fame and Fortune by Steve Taylor Ph.D. Oct 8, 2012, Psychology Today]

Too much Idle time is “a marketplace where entropy reigns supreme.” Fame and Fortune breed decomposition and decline of structured, principled, moral life. [Oxford Dictionary] {{{which includes Parents of famous Children, who travel with their famous Child Athletes, who themselves are ‘swept-up’ in the Psychic Entropy Complex.mbmsr}}}

“Lack of institutional control. A failure to protect its athletes from harm calls for the so-called NCAA death penalty.”

“That punishment and more are being suggested by critics as apt sanctions for Michigan State, where disgraced doctor Larry Nassar was employed as he sexually abused girls and young women for years under the pretense of treating their injuries. [AP, Altoona Mirror Jan 25, 2018]

In 2008 “The Supreme Court weighed the possibility of death penalty for child sexual crimes on Wednesday meeting, but stopped short. Louisiana and four other states such as Montana, Oklahoma, South Carolina and Texas allow executions for child sexual offenders,”  [Wednesday, 16 Apr, 2008 Current Events InfoNIAC]

“Lack of institutional control. A failure to protect its athletes from harm i.e. the so-called NCAA death penalty” has been considered for Penn State after the Coach Jerry Sandusky case, Coach Rick Pitino 2017 U of L Basketball case and others.”… “That punishment and more are being suggested by critics as apt sanctions fnow for Michigan State following the Dr. Nasser tragedy and many states recommend the death penalty for Perpetrators of Child Sexual Abuse”

“Why hasn’t The USOC and/or the U.S. Government called for the Death Penalty for USA Gymnastics Sport? The horrific US Olympic ‘Child Olympian Sexual Abuse is the largest ‘Run Amok’ in U.S. history.

29. Safe Sport Act (SSA) and Center for Safe Sport (CSS) Laws and Policies and Procedures are not sustainable and should be legislatively repealed, replaced, and/or consolidated with existing laws or nullified or challenged constitutionally. Amendments are unsatisfactory because the SSA/CSS would remain Federalized The new law should implement appropriate actions of following laws:

  • The Victims of Child Abuse Act of 1990,
  • Ted Stevens Olympic Amateur Sports Act of 1978,
  • Child Abuse Prevention and Treatment Act, CAPTA 2010, P.L. 111-320 (first authorized 1974)
  • The Fair Labor Standards Act of 1938 29 U.S.C. § 203 (FLSA)
  • and U.S. code 42, 5106a – Grants to States for Child Abuse and Neglect Prevention and Treatment Programs into one Congruent law covering All ICD-10 Child Amateur Athlete venues, activities, conditions, causes, factors, modifiers and suspected Perpetrators and due process.
  • with New Grants In addition to the standard operating Multidisciplinary Procedures grants for non-Athlete infant, toddler and teenage Child Abuse, now functioning.

A Few Child Athlete Abuse Injury Statistics, Both Accidental and NOT Accidental totals

  • 1,350,000 (1.35 million) Child Sport Injury were treated in Emergency Depts (ED) 2012
  • 1 Child every 3 minutes is examined for Sports Concussion
  • Child Athletes age 12-15 have 47% of Concussions[M. Healy,USA TODAYAug. 6, 2013]
  • ~ 8,000 Child Athletes Sports Injuries are treated in U.S. ED each day [Wier L, Miller A, Steiner C. Sports Injuries in Children Requiring Hospital Emergency Care, 2006. HCUP Statistical Brief #75. June 2009. Agency for Healthcare Research and Quality, Rockville, MD. http://www.hcup-us.ahrq.gov/reports/statbriefs/sb75.pdf. ]
  • >2,600,000 (2.6 million) Child Sports Injuries, age 0-18 years, are treated in ED / year   [CDC>Child Safety and Injury Prevention  March 14, 2017 Protect the Ones You Love: Child Injuries are Preventable]

Relative Magnitudes Below Confirms; Child Athlete Abuse Syndrome Act Is Essential

  • CDC: >50% of Child Sports Injuries are Preventable, and Not Accidental, {{{ mbmsrmd which are caused or allowed to be caused secondary to Maltreatment, Endangerment, Abuse, Negligent Supervision, Civil rights Violations }}}   http://www.cappaa.com/not-accidental-preventable-childrens-sport-injuries }}}
    [3 Centers for Disease Control and Prevention.
    [8 Center for Injury Research and Policy. The Research Institute at Nationwide Children’s Hospital, Dr. Dawn Comstock, Columbus, OH.
    [22 Centers for Disease Control and Prevention.
    [23 Mueller FO, Colgate B. Annual Survey of Football Injury Research, 1931–2009. February [2010; University of North Carolina in Chapel Hill.
    [24 Centers for Disease Control and Prevention. Heat Illness Among High School Athletes—United States, 2005–2009. MMWR Morb Mortal Wkly Rep. 2010;59(32):1009–13.
    [33 Centers for Disease Control and Prevention. Nonfatal Traumatic Brain Injuries Related to Sports and Recreation Activities Among Persons Aged ≤19 Years—United States, 2001–2009. MMWR. 2011;60(39):1337–1342

∴ Approximately ~ 1,300,000 (1.3 million) children injuries, 0-18 years old, (50% of total) that are treated in ED each year for Sports, Recreation, Exercise and Other (SREO) ICD=10 Activities, are Preventable, Not Accidental Sport.

∴ Approximately ~ 4,000 children injuries, (50% of total), treated in ED each day for Sports, Recreation, Exercise and Other (SREO) ICD=10 Activities, are Preventable, Not Accidental Sport injuries, aka Child Athlete Abuse Syndrome:  http://www.cappaa.com/not-accidental-preventable-childrens-sport-injuries ]PREVENTABLE, NOT ACCIDENTAL SPORT, RECREATION EXERCISE AND OTHER CHILD ATHLETE ABUSE ICD-10 ACTIVITY INJURIES:]

Compared to 2 other very important U.S. Child Injury Statistics  

5,790 U.S. Child gun-related injury treated in ED each year . [Childhood Firearm Injuries in the United States, Katherine  Carmen Gutierrez, Sarah Bacon, Pediatrics Jun A. Fowler, LindaL. Dahlberg, Tadesse Haileyesus, 2017, e20163486; DOI: 10.1542/peds.2016-3486]

In last 20 years, 18.4 gymnasts / year (368 gymnasts) alleged some form of sexual abuse: [INDYSTAR INVESTIGATIONS REVEALED THAT CHILDREN WERE BEING ABUSED IN GYMNASTICS GYMS, BUT NO ONE KNEW HOW WIDESPREAD THE PROBLEM WAS. UNTIL NOW. By Tim Evans, Mark Alesia and Marisa Kwiatkowski, IndyStar]

This journalist, advocate’s concerns about the Safe Sport Act and Center for Safe Sport, Senate Bill 534, which became law 2018 and “The Protecting Young Victims from Sexual Abuse Act of 2017:

  • The power of federal lawmakers is broad, when the Commerce Clause is utilized, when legislatively drafting a new law, but the power from a link to the Commerce Clause is not unlimited, particularly when the Commerce Clause is framed and interpreted inappropriately.
  • “For Federal jurisdiction to exist, the individuals and organizations subject to the Safe Sport Act legislation must be engaged in interstate commerce or activities” which is beyond reach for Child Athlete Abuse Syndrome, according to previous helds (rulings) of the SCOTUS.
  • SSA / CSS Law primarily Protects Child Amateur Olympian Athletes against the risk for Child Sexual Abuse in Olympic Sports
  • but no other type of Child Athlete Abuse Syndrome i.e. Physical, Psychological, Civil Rights Violations unless linked “on the windy side of the law,” [President Carter favorite] to the Commerce Clause
  • and in no other ICD-10 Sport, Recreation, Exercise, Other (SREO) Activity
  • and no other Risk for Injury Activity, which might require a Doctor (when a perpetrator ICD-10 YO7.52)
  • and no other Supervisor, Teacher, Coach, (when a perpetrator ICD-10 YO7.53)
  • ∴ SSA / CSS Law does not address the entire Child Amateur Athlete Abuse Syndrome Epidemic per se i.e. Child Amateur Athlete Physical and Psychological Maltreatment and Endangerment, Sexual Abuse and Civil Rights Violations
  • confuses the terms Youth with Child
  • SSA / CSS primarily provides protection of Child Amateur Olympian Athletes under the auspices of national governing bodies (NGB), paralympic sports organizations (PSO), facilities under the jurisdiction of a national governing body or paralympic sports organization…….repeated over and over again in the law
  • The majority of the provisions of this new SSA / CSS law are not for the protection of ALL Child Amateur Athletes in Sports, Recreation and Exercise (SRE) and Child Amateur Participants in other Activities supervised by a temporary substitute Caretaker, thought to be greater than 60% of the total 73.6 million Children population [U.S. Child Population in the U.S. 2017 by age 0-17, U.S. Census]
  • In an ambivalent attempt to be more inclusive, but under the auspices of NGB and PSO:      ‘‘§ 220541. (a)(3) Designation of United States Center for Safe Sport The Center [US Center for Safe Sport] shall(1) develop training, oversight practices, policies, and procedures for implementation by a national governing body or paralympic sports organization to prevent abuse, including emotional, physical, and sexual abuse, of any amateur athlete; and (2) include in the policies and procedures
  • In an ambivalent attempt to be more inclusive, but under the auspices of NGB and PSO: ‘§ 220542. Additional duties. ‘‘(a) IN GENERAL.—The Center shall— ‘‘(1) develop training, oversight practices, policies, and procedures for implementation by a national governing body or paralympic sports organization to prevent the abuse, including emotional, physical, and sexual abuse, of any amateur athlete; and ‘‘(2) include in the policies and procedures developed under section 220541(a)(3)— ‘‘(A) a requirement that all adult members of a national governing body, a paralympic sports organization, or a facility under the jurisdiction of a national governing body or paralympic sports organization, and all adults authorized by such members to interact with an amateur athlete, report immediately any allegation
  • [Preventing Child Sexual Abuse in Youth Sport – New Federal Legislation Takes Extraordinary Step Gregory S. Love, Esq. Kimberlee D. Norris, Esq. February 9, 2018 -Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 -Impact of new ‘Safe Sport Act’ will impact all of youth sport – directly or indirectly -Preventative legislation, rather than reactive.]
  • Please see:  Abuse Prevention Systems  www.AbusePreventionSystems.com
  • All aspects of the SSA and CSS are meant to prevent ‘Youth’ Olympian Sexual Abuse through training, oversight, practices, policies, procedures, prevention training, prevention policies, and mandatory reporting with implementation by National Governing Bodies (NGB) or Paralympic Sports Organizations (PSO)
    1. providing that SSA / CSS defined individuals and organizations, who interact with the Child Athletes are linked to interstate and/or international commerce
    2. even though the Child Amateur Athletes under consideration are suspected victims, Sport Violence
    3. aka Child Athlete Abuse Syndrome, a Forensic Medicine condition
    4. In UNITED STATES v. MORRISON, Chief Justice Rehnquist explained by emphasizing that non-economic activities (violence against women, or violence against men, or violence in general) could not be aggregated to establish a substantial connection to interstate commerce. [SCOTUS Chief Justice Rehnquist]
    5. United States v. Morrison529 U.S. 598 (2000), is a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution.
    6. [Commerce, Commerce, Everywhere: The Uses and Abuses of the Commerce Clause, January 18, 2011 14 min read Download Report by David Forte, Senior Policy Analyst The Hertage Foundation]
    7. “Violence in Sport can be defined as behavior that causes harm, occurs outside of the rules of the sport and is unrelated to the competitive objectives of the activity.”  [Terry, Peter C. and Jackson, John J. (1985) The Determinants and Control of Violence in Sport. Quest, 37 (1) 27-37 [Leonard, Wilbert Marcellus. (1988) A Sociological Perspective of Sport (Third Edition). New York, Macmillan Publishing Company p.165].

“Reading legislation, like the Safe Sport Act, can be ambiguous and confusing, because legislation does not ‘read like a book’. The Act modifies existing legislation: Section 226 of the Victims of Child Abuse Act of 1990 (34 USC 20341: Child Abuse Reporting).”

“Another section provides legislative intent to authorize the US Center for Safe Sport to address the risk of sexual abuse in youth sport by modifying the Ted Stevens Olympic and Amateur Sports Act (36 USC 2205: United States Olympic Committee).”

”The Safe Sport Act provides a legislative change is the Mandatory Reporting in Youth Sport by expanding the list of individuals required to report Child Sexual Abuse by modifying Section 226 of the Victims of Sexual Abuse Act of 1990 (34 U.S.C. 20341).

The list of mandatory reporters now includes: (9) ‘covered individual’. The term ‘covered individual’ means an adult who is authorized by a national governing body, a member of a national governing body, or an amateur youth sport organization that participates in interstate or international amateur athletic competition, (the Commerce Clause) to interact with a minor or amateur athlete at an amateur sports organization facility or at an event sanctioned by a national governing body, a member of a national governing body, or such an amateur sports organization;

“The Safe Sport Act also extends the mandatory reporting requirement to each ‘covered individual’, interpreted broadly as an adult authorized to interact with minor or amateur athletes.

Safe Sport Act §220530(a)(2)(A) requires all adults working with a National Governing Body (NGB) or Paralympic Sports Organization to immediately report suspicions of abuse to the US Center for Safe Sport (‘Center’) and the appropriate law enforcement agencies, as determined by state and federal law, which is confusing and ambiguous, unclear, not spelled as ‘clear as a bell’ should be.

For Amateur Sports Organization not sanctioned by an National Governing Body (NGB) (§220530), participating adults are included in the list of ‘covered individuals’ required to report suspicions of abuse to the appropriate law enforcement agencies, as determined by state and federal law – but do not appear to be required to report suspicions of abuse to the Center.

“In essence, the anticipated legislation creates a mandatory reporting obligation in youth sport, regardless of whether the program is USA Gymnastics” or other Amateur Child Athlete Activity.

The confusion continues: “Each organization must determine whether a report to the US Center for Safe Sport is also required.”

The confusion continues: It is imperative that each youth sport organization, and the individuals within that organization, understand the new federal obligations, as well as the respective state-specific obligations.

“Contained in the Act’s provision related to audits (§220542): §220542. Additional duties. “(a) In General – The Center [US Center for Safe Sport] shall(1) develop training, oversight practices, policies, and procedures for implementation by a national governing body or paralympic sports organization to prevent abuse, including emotional, physical, and sexual abuse, of any amateur athlete; and (2) include in the policies and procedures … (A) [mandatory reporting] (B) [mechanism for reporting] (C) [prevention policies] (D) [procedures to prohibit retaliation] (E) oversight procedures;

“There are fundamental distinctions between ‘prevention training’ and ‘abuse indicators’ or ‘abuse recognition’ training: one is proactive, the others are reactive followed by instructions concerning how and to whom to report the abuse.

“Now, all youth sport organizations are on notice that Child Sexual Abuse, only one of the types of Child Athlete Abuse Syndrome, is a real risk in Youth Sport, (instead of Child Sport)(the definition of Child and Youth are not the same) and reasonable steps should be taken to protect young athletes, including reporting, effective training, tailored policies, oversight practices and periodic safety system reviews.

“The Protecting Young Victims from Sexual Abuse Act of 2017 will attempt to preserve those benefits by addressing the risk of child sexual abuse inherent in youth sport.”

[Preventing Child Sexual Abuse in Youth Sport – New Federal Legislation Takes Extraordinary Step Gregory S. Love, Esq. Kimberlee D. Norris, Esq. February 9, 2018 -Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017]

The purpose of this report is not to rank Child injury importance and treatment. All Children’s Injuries, Physical and Psychological Maltreatment and Endangerment, and Sexual Abuse, Negligent Supervision and Civil Rights Violations require equal timely expert medical attention. This is our forensic Medical purpose. The Safe Sport Act appears to provide Un-Equal Protection under the law for a select group, 8 million Olympian Child Athletes, We strive for equal protection of all Child Athletes.

Since the expanded authority of the Commerce Clause allows the Federal regulation of Child Amateur Athletes in the SSA and CSS, Risk management companies are logically concerned about the confusion generated by the SSA and CSS. EMC Insurance asks, “how does the Act impact schools that do not participate in interstate competitions?  The law doesn’t make it entirely clear what, if anything, schools who don’t participate in interstate competitions need to do to comply with the law.” [EMC Insurance Companies, Des Moines, Iowa]

“The Safe Sport Act expands the list of individuals required to report child sexual abuse. For some organizations, the Act also requires all adults to immediately report suspicions of abuse to the US Center for Safe Sport and the appropriate law enforcement agencies, as determined by state and federal law.

“Each state has a reporting statute related to child abuse and neglect. It is imperative that each youth sport organization understands the new federal obligations, as well as the respective state-specific obligations.”

So do States or Federal Government regulate Child Athlete Sexual Abuse? Lack of clarity, confusion and ambiguities abound. As time goes by, experts predict bewilderment will become overwhelming. [Preventing Child Abuse: New Federal Requirements Facing Youth Sports 2/16/2018 Philadelphia insurance Companies]

When in doubt and citizens don’t know if the SSA and CSS is enforceable, when their Athletes don’t travel interstate and internationally, citizens should follow the usual standard of care defined by CAPTA 2010, which begs the questions: why was the SSA and CSS Law created in the first place, designed poorly and, as such appears, unconstitutional in whole or parts, to “replace and overlay” laws that already exist; rather than reauthorize, amend, repeal, replace and/or consolidate the existing laws, in a more comprehensive, mega-legislative effort, than drafted?

“The Safe Sport Act is new and many questions are already arising as to the interpretation of some provisions and the applicability of special circumstances.”….”It will take many years of court cases to further answer these questions.” From this excellent article: [New Safe Sport Act Applies to Most Amateur Sports Organizations, Sadler and Co, Inc. Risk Management 2018]

Safe Sport Act (SSA) should have been legislatively drafted with laws about

  • All Forensic Medical Types of unlawful, preventable, not-accidental Child Amateur Athlete Abuse morbidity and mortality
  • and legislated drafted about the sovereign state Multidimensional Team Intervention Approach for reporting, investigating and prosecuting Child Athlete Abuse, approved by U.S. Department of Justice, [U.S.Dept of Justice 2001 Guide to Investigating Child Abuse]
  • Safe Sport Act (SSA) should have been legislatively drafted with laws about the entire Definition of Child Athlete Abuse Syndrome, as presented in 2011 by this journalist advocate, and not limited to Child Athlete Sexual Abuse, which is only one of the total types.  http://www.cappaa.com/child-and-youth-definitions

Safe Sport Act (SSA) should NOT have been legislatively drafted with laws

  • about another Center for Safe Sport (CSS) and repeating the same mistakes as before in SafeSport,
  • eronoulsly defining Child by the Sport they play, rather instead drafted by their age of minority, 18,
  • mistakenly using the term Youth instead of Child at times in the law and rather instead defined both terms
  • that expand the authority of the Commerce Clause to allow the Federal regulation of Child Amateur Athletes
  • that allow suspected Child Athlete Abuse to be reported to the Center for Safe Sport, which is not a law enforcement organization,
  • that are reported to an ill-defined law enforcement agency, called ‘police’, for Child Amateur Athlete Abuse, which is wide open for interpretation.

Safe Sport Act (SSA) and Center for Safe Sport (CSS) should either be legislatively repealed and replaced or be legislatively amended and consolidated, combining actions of the following laws

  • The Victims of Child Abuse Act of 1990,
  • Ted Stevens Olympic Amateur Sports Act of 1978,
  • Child Abuse Prevention and Treatment Act, CAPTA 2010, P.L. 111-320 (first authorized 1974)
  • The Fair Labor Standards Act of 1938 29 U.S.C. § 203 (FLSA)
  • and U.S. code 42, 5106a – Grants to States for Child Abuse and Neglect Prevention and Treatment Programs into one Congruent law covering All ICD-10 Child Amateur Athlete venues, activities, conditions, causes, factors, modifiers and suspected Perpetrators and due process.
  • with New Grants In addition to the standard operating Multidisciplinary Procedures grants for non-Athlete infant, toddler and teenage Child Abuse, now operating.

42 U.S.C. United States Code, 2010 Edition Title 42 – THE PUBLIC HEALTH AND WELFARE CHAPTER 67 – CHILD ABUSE PREVENTION AND TREATMENT ACT has pages and pages of Federal Law dedicated for every possible aspect of Child Abuse. There is no way SSA and CSS can legislatively draft any Child Abuse shape, form, or fashion, that would competently cover all necessary aspects of Child Abuse; that is a preposterous conception. 42 U.S.C. United States Code has required years of legislative drafting by professional statesmen/women and drafters. Hence, SSA and CSS are not nearly capable of ‘re-inventing the wheel’ over the nest several years and thus, are unsustainable.

Safe Sport Act and the Center for Safe Sport Law do not have drafted provisions for

1) Doctors treatments

2) ICD-10 Forensic Medical Child Abuse Injuries diagnostic nomenclature

3) No provisions for collecting and analyzing state and national injury mortality and morbidity data.[Proposed Framework for Presenting Injury Data using ICD-10-CM External Cause of Injury Codes Joseph L Annest, PhD, MS,1 Holly Hedegaard, MD, MSPH,2 Li-Hui Chen, PhD,2 Margaret Warner, PhD,2 Equater (Ann) Smalls1 March 2014, A Collaboration of CDC’s National Center for Injury Prevention and Control,1 Atlanta, GA and National Center for Health Statistics,2 Hyattsville, MD]

4) How Preposterous.

End of Summary

___________________________________________________________________________________________________

Previous Posts;

The Safe Sport Act (SSA) and Center for Safe Sport (CSS), which became law following enactment of  Senate Bill 534, February 2018, have fundamentally good objectives. The problem is the law was accomplished inappropriately.

We advocates strive for the same objectives: the Prevention of Child Amateur Athlete Abuse Syndrome, which includes all types Child Amateur Athlete Abuse, not just Sexual Abuse, and the Promotion of Athlete Safety 1st.

But we advocates disagree on the methods, policies and procedures to accomplish the objectives and goals.

  • Actual Population of U.S. Children in 2016  (0-17 Minor Child <18 years) 73.6 million [U.S. Census Bureau, Child Stats.gov, Child and Family Statistics]
  • Approximately 44.28 million children played one school or non-school sport in 2017
  • Nearly 60% (46 million) Children Participate in Extracurricular Activities, Census Bureau Reports, December 09, 2014 [Release Number: CB14-224]
  • Nancy Hogshead-Maker claims “Abuse is in every single sport, but we now have protection for 8 million children.”
  • Therefore, ~17% of U.S. Child Amateur Athletes are now protected by the new SSA and CSS Law
  • Cherry picking certain Child Amateur Olympian Athletes for special promulgation, prevention, protection, funding, education, investigation. litigation, justice and additional consideration by a new law are extremely problematic.
  • Therefore, 36 million (78%) Child Amateur Athletes do not receive special promulgation, prevention, protection, funding, education, investigation. litigation, justice and additional consideration by a new law
  • There are no new special promulgation, prevention, protection, funding, education, investigation, litigation, justice and additional considerations by a new law for Child Amateur Athlete Concussion Mismanagement Abuse, Exertional Heat Stroke Abuse, Sickle Cell Trait Sudden Death Abuse, Dystonia Abuse, Tommy-Johns Elbow Abuse, Psychological (Emotional) Abuse, Bullying Abuse, neglected Pre-Participation Examination Abuse, Spleen Rupture Mismanagement Abuse, Physical Assault Abuse etc. other types of maltreatment, endangerment, negligence and abuse.
  • And we advocates object to new unconstitutional laws in order to accomplish the other advocates objectives,
  • when already Constitutional solutions and laws funding mechanisms have been enacted.
  • We object to amending 2 other existing sports laws, “the Ted Stevens Olympic and Amateur Sports Act (36 USC 2205: United States Olympic Committee section with the legislative intent to authorize a new Organization, the US Center for Safe Sport, to address the risks of Child Olympian Sexual Abuse in youth sport and administrate all operations.”
  • Rather than bolster the existing Child Abuse Prevention and Treatment Act (CAPTA 2010)
  • while the time honored Multidimensional Team Intervention Approach, recommended by the U.S. Department of Justice is functioning in each state, but only lacks the inclusion of Child Amateur Athletes.
  • We advocates disagree when others are willing to side-step, rather than intensify and support, the already available Multidimensional State Team Approach.
  • and disagree with hurriedly creating something ‘new’ even if it is not properly drafted and not sustainable in the long run for All Child Amateur Athletes, who are mentioned in the new law, yet not included, leading to misunderstandings, confusion and ambiguities
  • Cherry picking All Child Amateur Olympians in major sections of the new law discriminates against other victims of Child Amateur Athlete Abuse.
  • We disagree neglecting Doctors and Health Care Personnel expertise and annotations in this primary Child Athlete Abuse Syndrome Forensic Medical Epidemic,.
  • And disagree in failure to label the Epidemic accordingly Child Athlete Abuse Syndrome Epidemic.
  • An Epidemic cannot be contained without naming the Epidemic.
  • We Disagree with creating a new Federal Organization and National Governing Bodies (NGBs) to administer the Rule of Law reserved for our U.S. Sovereign Constitutional State Powers
  • SSA and CSS violate State Enumeration Powers Clause and Violate the 10 Amendment.

The SSA and CSS Law appears to be unconstitutional because the law was a product of the Federal Government’s

  1. Inappropriate expansion of the power and authority over Child Olympian Athlete Sexual Abuse by its association with the Commerce Clause. [Uses and Abuses of, Jan 18, 2011 14 by David Forte, Heritage Foundation]
  2. Violation of the 10 Amendment
  3. Violation of Enumeration Powers Clause

Several School, Non-School and Olympian Child Amateur Athletes participating in various Sports, Recreation and Exercise (SRE) and other ICD-10 Activities are directly impacted by transferring their oversight and jurisdiction to the SSA and CSS.

In doing so, the time honored, local state law enforcement, social services and CPS agencies, state sovereign jurisdictions are ‘side-stepped’, ignored and jurisdiction transferred to the inexperienced Federal Government with limited funding.

For successful Child Athlete Abuse Syndrome intervention, including Sexual Abuse, the Multidimensional problem requires the sovereign state Multiprograms, Multidiscipline and Multiagency Team approach. approved by the U.S. Department of Justice, supported by years of funding and experience [U.S. Department of Justice 2001 Guide to Investigating Child Abuse]

To complicate matters, there are serious questions concerning the validity and jurisdiction of SSA and CSS for Child Athlete Abuse Syndrome.

“Violence in Sport can be defined as behavior that causes harm, occurs outside of the rules of the sport and is unrelated to the competitive objectives of the activity.”  [Terry, Peter C. and Jackson, John J. (1985) The Determinants and Control of Violence in Sport. Quest, 37 (1) 27-37 [Leonard, Wilbert Marcellus. (1988) A Sociological Perspective of Sport (Third Edition). New York, Macmillan Publishing Company p.165].

In UNITED STATES v. MORRISON, Chief Justice Rehnquist explained by emphasizing that non-economic activities (violence against women, or violence against men, or violence in general) could not be aggregated to establish a substantial connection to interstate commerce. This he made clear as a bell. [Commerce, Commerce, Everywhere: The Uses and Abuses of the Commerce Clause, January 18, 2011 14 min read Download Report by David Forte, Senior Policy Analyst The Hertage Foundation]

The majority held that neither the U.S. Constitution’s Commerce Clause nor the 14th Amendment gives Congress the power to act in this area.

Justice Rehnquist, joined by justices O’Connor, Scalia, Kennedy, and Thomas ruled that the Commerce Clause does not grant Congress the authority to regulate non-economic, violent criminal conduct based solely on that conduct’s aggregate effect on interstate commerce.

Rehnquist rejected the validity of congressional findings that gender-motivated violence substantially affects interstate commerce, and concluded that it is the province of the states, not the federal government, to regulate intrastate violence that is not directed at the instrumentalities, channels, or goods involved in interstate commerce.

“United States v. Morrison, 529 U.S. 598 (2000), is a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution.”

“With regard to the Commerce Clause, the majority said that the result was controlled by United States v. Lopez (1995), which had held that the Gun-Free School Zones Act of 1990 was unconstitutional.

There as in Morrison, the Court stressed “enumerated powers” that limit federal power in order to maintain “a distinction between what is truly national and what is truly local.” Lopez therefore limited the scope of the Commerce Clause to exclude activity that was not directly economic in nature, even if there were indirect economic consequences. Lopez was the first significant limitation on the Commerce Clause powers of Congress in 53 years.

Enumerated powers were the powers sovereignly granted to the U.S. Federal Government and enumerated powers were sovereignly granted to the states, including Child Protection and All Child Abuse Interventions.

SSA and CSS repeal and replacement and unconstitutional proceedings, in whole or part, appear to be in order.

The Tenth Amendment provides: The powers not delegated to the United States Federal Government by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people; part of the Bill of Rights.

Historically, the Bill of Rights, were considered a set of amendments offered to offset the “tyranny by the central government” feared by opponents of the Constitution. 3.

The context of the Tenth Amendment suggests it is the culmination of the Bill of Rights. The last of the 10 amendments contained in the Bill of Rights, the Tenth Amendment, follows another oft-forgotten amendment, which also relates to the relationship between the federaL and state governments:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 4 [3.http://archives.gov/exhibits/charters/bill_of_rights.html.]  [4 U.S. Const. Amend. 9  [Tenth Amendment revisited, the enumerated powers clause by Albert Dale Clary and Sharon S. Whitlow]

The Safe Sports Act and Center for Safe Sports should be repealed with a re-enactment (or replacement).

The replacement should be The Multidiscipline Child Abuse intervention Act, (MCAIA) recommended for state law enforcement by the U.S. Department of Justice, supported by time-honored years of funding by the federal government and local state government experience, as a new Act for Child Athlete Abuse should have been enacted in the first place. [U.S. Department of Justice 2001 Guide to Investigating Child Abuse]

The MCAIA shall require mandated reporting by everyone with valid information within 24 hours to the County Attorney, the chief law enforcement officer in each county in every state and simultaneously to Child Protective Services (CPS) or its equivalent by another name and/or Social Services.

Mandated reporters shall have anonymity when reported and requested and immunity to violations of Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, enacted on August 21, 1996.

Multidisciplinary Team Intervention. Successful Child Athlete Abuse Syndrome intervention, including Child Athlete Sexual Abuse, is a Multidimensional problem and requires sovereign state Multiprograms, Multidisciplines and Multiagencies Team approach, recommended by the U.S. Department of Justice, supported by years of funding and experience [U.S. Department of Justice 2001 Guide to Investigating Child Abuse].

Multidisciplinary Team shall refer and assure the victim a mandatory Doctor history-taking interview and a recommended victim or parent/guardian right to choose physical Examination with appropriate rape kit and laboratory investigations as indicated.

“Because the examination findings of most child victims of sexual abuse are within normal limits or are nonspecific, the child’s statements are extremely important. The child’s history as obtained by the physician may be admitted as evidence in court trials; therefore, complete documentation of questions and answers is critical.”

“Child sexual abuse is a complex problem that requires the physician to evaluate and treat the patient using a Multidisciplinary Approach.” [Evaluating the child for sexual abuse.by S. L. Lahoti, N. McClain, R. Girardet, M. McNeese, K. Cheung, Am Fam Physician. 2001 Mar 1; 63(5): 883–892]

Juries value expert medical testimony. The testimony of an expert witness can lead to success or failure in cases that hinge on the presentation’s impact on a jury. [Effective Expert Witnessing, by Jack V. Matson, 2012, 204 pages]

Most rape evidence, including rape kit, needs to be collected within 72 hours to be viable, and patients are advised to either bring or wear the clothing they had on when attacked to the exam. [“What is a Rape Kit?”Rape, Abuse & Incest National Network 2009]

“”> The key federal legislation addressing Child Abuse and Neglect is the Child Abuse Prevention and Treatment Act (CAPTA), originally enacted on January 31, 1974 (P.L. 93-247).

“This Act should be amended to include The Multidiscipline Child Abuse intervention Act, (MCAIA).

“CAPTA has been amended several times and was last reauthorized on December 20, 2010, by the CAPTA Reauthorization Act of 2010 (P.L. 111-320).

Most recently, certain provisions of the act were amended on May 29, 2015, by the Justice for Victims of Trafficking Act of 2015 (P.L. 114-22) and on July 22, 2016, by the Comprehensive Addiction and Recovery Act of 2016 (P.L. 114-198), similar Acts which should be included in CAPTA., as MCAIA special circumstances should be, when special problems present themselves.

“CAPTA provides federal funding and guidance to states in support of prevention, assessment, investigation, prosecution, and treatment activities and also provides grants to public agencies and nonprofit organizations, including Indian tribes and tribal organizations, for demonstration programs and projects, not provided in SSA and CSS.

“Additionally, CAPTA identifies the federal role in supporting research, evaluation, technical assistance, and data collection activities; establishes the Office on Child Abuse and Neglect; and establishes a national clearinghouse of information relating to child abuse and neglect. 1

“CAPTA also sets forth a federal definition of child abuse and neglect. In 2015, the federal definitions of “child abuse and neglect” and “sexual abuse” were expanded by the Justice for Victims of Trafficking Act to include a child who is identified as a victim of sex trafficking or severe forms of trafficking in persons.”

The complete text of the law (U.S. Code title 42, chapter 67) can be downloaded from the Cornell University Legal Information Institute website at https://www.law.cornell. edu/uscode/text/42/chapter-67. The text of CAPTA as amended, including the Adoption Opportunities program and Abandoned Infants Assistance Act, as amended, is available on the Children’s Bureau website at https://www.acf.hhs.gov/cb/ resource/capta2016. [About CAPTA: A Legislative History, Children’s Bureau/ACYF/ACF/HHS 800.394.3366 | Email: info@childwelfare.gov https://www.childwelfare.gov ]

Please see the Definition: Child Athlete Abuse Syndrome (CAAS) forensic definition will be found at reference link:  [http://www.cappaa.com/child-athlete-abuse-syndrome-forensic-definition-4]

Forty-nine years after the report of Battered Child Syndrome, Micheal B. Minix, Sr., M.D., this Journalist, presented the Forensic Definition of “Child Athlete Abuse Syndrome, A New Disease” at the Athlete Abuse Summit, April 29, 2011, Omni Parker House, Boston, MA.

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U.S. Olympic Equestrian Federation is one of the National Governing Bodies (NGB) of the 159 Olympic Spots. The following is their interpretation of the Safe Sport Act.

Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017 has policies and procedures on which we advocates agree and many on which we disagree, many which have been above mentioned.

“The bill amends two federal statutes:

“The Victims of Child Abuse Act of 1990, and the Ted Stevens Olympic and Amateur Sports Act of 1978.

1..Within the Victims of Child Abuse Act of 1990, the bill extends the mandatory duty to report to USEF members and participants, who must report suspected sexual abuse to authorities within 24 hours. (Immediate reporting is good, but What authorities?)  (“required to report any suspected sexual misconduct to the U.S. Center for SafeSport”), (Who investigates, Who prosecutes, Who judges?) (The Center for Safe sport is not Law Enforcement)  (Is there Due Process?)  (misunderstandings, confusion and ambiguities)

An individual who does not report the suspected sexual abuse is subject to criminal penalties. (The Center for Safe sport is not Law Enforcement)  (Is there Due Process?)  (misunderstandings, confusion and ambiguities)

Additionally, the bill extends the statute of limitations for victims to bring a civil lawsuit against a perpetrator and allows a claim for punitive damages.

2..The bill also amends the Amateur Sports Act of 1978 in several ways.

Firstly, it designates the U.S. Center for SafeSport to serve as the independent national safe sport organization. (The Center for Safe sport is not Law Enforcement)  (Is there Due Process?)  (misunderstandings, confusion and ambiguities)

This designation includes the responsibility for developing policies and procedures to prevent emotional, physical, and sexual abuse of amateur athletes. (Barely describes 2 other types of Child Athlete Abuse)

The bill also modifies the obligations of amateur athletic organizations, including National Governing Bodies such as the USEF.

“These organizations must abide by all policies and procedures to prevent any type of abuse.

They also must comply with all reporting requirements,

Establish reasonable procedures to limit one-on-one interactions between athletes who are minors and an adult,

Offer and provide consistent training to members who are in contact with minors,

As well as establish ways to prohibit retaliation against the victim.

Importantly, under the U.S. Center for SafeSport’s Code and USEF’s Safe Sport Policy, members of and participants in USEF-licensed competitions and sponsored programs are required to report any suspected sexual misconduct to the U.S. Center for SafeSport, regardless of when and where the misconduct occurred.  (The Center for Safe sport is not Law Enforcement)  (Is there Due Process?)  (misunderstandings, confusion and ambiguities) (Will actual Law Enforcement be notified? and proceed lawfully as they should? Will Baning a Coach form coaching and other penalties proceed without due process?)  

All USO Federations reviewed were similar to the above Equestrian Federation.

Child Athlete Abuse Syndrome, which should include Child Olympian Sexual Abuse, is too important to be so drafted (IMHSM C.A.R.E.Certified O) .

[Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act Of 2017 Signed Into Law, Chronicle of the Horse, Equestrian news Feb 16, 2018]