Policy on Abuse, Molestation and Sexual Harassment
B. SEXUAL HARASSMENT
Pursuant to this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when submission to or rejection of this conduct explicitly or implicitly affects a member’s athletic performance, competition, or training, unreasonably interferes with a member’s athletic performance, competition, or training, or creates an intimidating, hostile or offensive performing, competing, or training environment. In the interest of preventing sexual harassment, the USSA will respond and evaluate reports of any such alleged conduct.
Sexual harassment may include incidents between any members of the USSA community, including coaches, athletes, officials, and volunteers. Sexual harassment may occur in hierarchical relationships or between peers, or between persons of the same sex or opposite sex. Some examples of sexually inappropriate or offensive conduct include:
(1) Unwanted physical contact or conduct of any kind, including sexual flirtations, touching, advances, or propositions;
(2) Verbal harassment of a sexual nature, such as lewd comments, sexual jokes or references, and offensive personal references;
(3) Demeaning, insulting, intimidating, or sexually suggestive comments about an individual;
(4) The display of demeaning, insulting, intimidating, or sexually suggestive objects, pictures, or photographs; and
(5) Demeaning, insulting, intimidating, or sexually suggestive written, recorded, or electronically transmitted messages (such as email, instant messaging, and Internet materials)
In determining whether the reported conduct constitutes sexual harassment under this policy, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred.
This policy covers unwelcome conduct of a sexual nature. Harassment that is not sexual in nature but is based on gender is also prohibited by the USSA Code of Conduct and USSA Bylaws. While discrimination based on these factors may be distinguished from sexual harassment, this type of discrimination may contribute to the creation of a hostile performing, competing, training, or learning environment. Thus, in determining whether a hostile environment due to sexual harassment exists, USSA may take into account acts of discrimination based on gender.
D. DISSEMINATION OF THE POLICY
E. REPORTS OF SEXUAL HARASSMENT
At the local level, upon receipt of any report or complaint of conduct that may constitute sexual harassment, the President of the Local Club, local Key Volunteer or local Division Office shall forward any such report or complaint to the office of USSA’s legal counsel in Park City, Utah. Upon receipt of any report or complaint by the office of USSA’s Legal Counsel, USSA membership of the alleged harasser may be immediately suspended while an investigation is conducted.
Complaints of harassment will be investigated promptly and in as impartial and confidential a manner as possible by, or at the direction of, the office of USSA’s Legal Counsel. An investigation should be completed within thirty (30) days of receiving a complaint and a report written of the investigation findings. The office of USSA’s Legal Counsel shall determine the appropriate response to any complaint of sexual harassment, which response may include early resolution and/or targeted training or educational programs.
Upon completion of the investigation and report, the office of USSA’s legal counsel may reinstate the alleged harasser’s USSA membership.
F. DISCIPLINARY ACTION