Casey Jorgensen USA Hockey General Counsel Ben Tronnes USA Hockey Associate Counsel

1. Casey JorgensenUSA Hockey General CounselBen TronnesUSA Hockey Associate Counsel

3. Organization and Structure • National Organization • 91 member Board of Directors • Office in Colorado Springs, CO • USA Hockey Arena in Plymouth, MI • ADM Regional Managers • 34 Regional Affiliates • The Affiliates oversee and govern the local programs • Each Affiliate has a SafeSport Coordinator • 3,000 local hockey programs • Govern their local program • Most local programs have a SafeSport Coordinator

4. Current Amateur Sports Climate • Horrific sexual abuse by Larry Nassar as gymnastics doctor sexually abusing hundreds of athletes. • NGBs have historical cases of sexual abuse that have received significant attention based on the handling of the reports by the NGBs. • USOC has also come under criticism related to supervision of NGBs. • Congressional inquiries expanded to all NGBs. • Congressional hearings with USOC, Gymnastics, Swimming, Volleyball, TaeKwonDo and Center for SafeSport. • As an NGB, USA Hockey has responded to inquiries from Congress about our athlete protection policies and our policies for and history of handling reports. • USOC has commenced proceedings to revoke USA Gymnastics designation as a governing body, and has begun actions with other NGBs.

5. Critical Events Causing Change • SafeSport programs began to develop in 2010-2011. • Sandusky occurred in November 2011. • USA Hockey developed its SafeSport Program in 2012. • Continued progression of our program for 6 years. • Nassar Gymnastics Scandal begins in 2016. • Center for SafeSport opens in March 2017. • Congressional investigations and hearings. • Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act of 2017. • USOC reforms in oversight of NGBs. • Ropes & Gray Report in December 2018. • House Energy and Commerce Report in December 2018.

6. Demands and Requirements for NGBs • Federal law • US Olympic Committee imposes additional requirements for oversight of NGBs. • US Center for SafeSport authority expands, and imposes additional requirements on NGBs. • To maintain our position within sports, and to properly oversee our programs for the safety of our members, USA Hockey must enhance our programs at the national level, and must oversee and enforce compliance throughout our Affiliates and local programs.

7. Federal Legislation – Protecting Young Victims from Sexual Abuse and SafeSport Authorization Act of 2017 – imposes new duties on NGBs, local organizations and individuals. • Amends Victims of Child Abuse Act. • Makes any person authorized by an NGB to interact with children a mandatory reporter of any suspected child abuse. • Criminal penalties, civil remedies and statute of limitations. • Amends Amateur Sports Act. • Designates the Center to exercise jurisdiction over USOC and NGBs. • Center shall maintain an education and outreach office to develop training, oversight practices and policies and procedures to prevent abuse. • … and an office for response and resolution for reporting, investigation and resolution. • USOC oversight of NGBs will increase.

8. Changes That Will be Required • Minor Athlete Abuse Prevention Policies • One-on-One Interactions • Locker Rooms, Travel and Electronic Communications • US Center for SafeSport Code requirements • SafeSport Training (annual training/includes adult age players) • Background Screening • Reporting of Cases and Results of ALL SafeSport Reports • Affiliate and Local Program Sanctioning Requirement/ Agreement • Auditing of Compliance by Affiliates and Programs

9. Why SafeSport? • Not just a hockey program. Sporting and other youth serving organizations all have similar programs. • Adopting and following a SafeSport Program is expected in our culture and from our Members. • To protect our participants by creating an environment that puts the potential offender at risk and keeps them out of our programs. • To prevent known offenders from joining our program and deter offenders that have not yet been caught. • To promote USA Hockey, its Affiliates and local programs as organizations that are safe from abuse. • To guide our programs about expectations from our membership and minimize risks of abuse.

10. Some Statistics • Before age 18, between 6% - 13% of competitive athletes experience some form of sexual abuse or assault within their sport. That’s as many as 1 out of every 8 athletes. • 80% of college athletes report that they’ve witnessed or experienced some form of hazing. • The most reported form of misconduct, emotional misconduct increases as athletes move up the competitive ladder, with as many as 75% of elite athletes reporting that their coaches emotionally abused them during their athletic career. • Children know their abusers more than 90% of the time. • Approximately 1/3 of all child sexual abuse occurs at the hands of females. • Approximately 1/3 of all sexual misconduct is committed by minors. • Criminal background checks only identify people who have a criminal record – a check won’t catch 90% of child abusers.

11. Comprehensive Program

15. Policies Prohibiting Abuse • Policies that set boundaries for appropriate and inappropriate conduct • Sexual Abuse • Physical Abuse • Emotional Abuse • Bullying, Threats, and Harassment • Hazing

16. Sexual Abuse Policy • Prohibits sexual abuse of any participant • Sexual contact between children can be abusive if significant disparity in age, development, size or intellectual capacity • Neither consent of minor, mistake as to age, nor fact that contact occurred outside of hockey are defenses to a complaint • Sexual abuse may also occur between adults if nonconsensual, coerced or manipulated • May include “non-touching” offenses, such as sexual harassment, sending nude pictures, sexually explicit emails, exposing minors to pornography, etc.

17. Physical Abuse Policy • Prohibits physical abuse of any participant in our programs • Includes physical contact that causes or has potential to cause harm, or creates the threat of bodily harm • Includes throwing or threatening to throw objects or sports equipment • Also includes providing alcohol to a minor participant, or providing drugs to any participant • Physical abuse does not include physical contact that is reasonably designed to coach, teach, demonstrate or improve a hockey skill, including physical conditioning, team building and appropriate discipline

18. Emotional Abuse Policy • Involves repeated and/or severe deliberate, non-contact behavior that has the potential to cause emotional or psychological harm to a participant • May be verbal acts, physical acts or acts that deny attention or support • Examples include repeated and/or severe of verbal abuse or physically aggressive behaviors, such as throwing equipment, water bottles, or chairs, or punching walls, windows, or other objects. • Does not include generally-accepted and age appropriate coaching methods of skill enhancement, physical conditioning, motivation, team building, appropriate discipline, or improving athletic performance.

19. Bullying, Threats & Harassment Policies • Bullying – Involves a patternof physical or non-physical behaviors intended to cause, fear, humiliation or harm in an attempt to exclude, diminish or isolate another person. • Includes written, verbal or cyber-bullying • Threats – Involves any written, verbal, physical or electronically transmitted expression of intent to harm • Harassment – Involves a patternof physical/non-physical behaviors that (1) are intended to cause fear, humiliation or annoyance, (2) offend or degrade, (3) create hostile environment, or (4) reflect discriminatory bias • Includes Sexual Harassment • Includes (a) comments about sexual orientation, gender expression, disability, religion, skin color, or ethnic traits; (b) displaying offensive materials, gestures, or symbols; and (c) withholding or reducing playing time with discriminatory basis. • Coaches and other adults cannot ignore and must intervene!

20. Hazing Policy • Includes conduct that is intimidating, humiliating, offensive, or physically harmful • Hazing is typically an activity that serves as a condition for joining a groupor being socially accepted by a group • Examples include requiring or forcing the consumption of alcohol or drugs; physical restraint; sexual simulations/acts; social actions (e.g. grossly inappropriate or provocative clothing) or public displays (e.g. public nudity); beating, paddling, or other forms of physical assault. • “Locker Boxing” is also a form of hazing • A person’s consent to participation does not mean it is not hazing • Hazing does not includegroup or team activities that are meant to establish normative team behaviors, or promote team cohesion, so long as they do not have reasonable potential to cause emotional or physical distress • Coaches and other adults cannot ignore and must intervene!

21. Managing Hockey Environments • Policies to reduce the risks for potential abuse • Prohibition on One-on-One Interactions • Locker Room Policy • Electronic Communications Policy • Travel Policy • Billeting Policy

22. Locker Room Policy • Locker room supervision is one of the most critical elements to reducing risk of abuse or misconduct • Requires at least one properly screened and trained adult either inside or directly outside and regularly going inside the locker room to monitor • At lower age groups, numerous adults may be present • Team may prohibit parents in locker room (subject to common sense) • Avoid situations where an adult is alone with minor participants • Cell phones and recording devices/cameras may not be used in the locker room • Each local program shall publish their specific locker room policy • Coach and team administrators are responsible for compliance with locker room supervision requirements • Many teams are Co-Ed, and there are specific policies for those teams.

23. Electronic Communications Policy • Electronic communications are often used to bully, threaten or harass others. • Use of various forms of electronic communications increases the possibility for improprieties and misunderstandings and also provides potential offenders with unsupervised and potentially inappropriate access to participants. • Communications involving participants should be appropriate, productive, and transparent. • Social media should be used for communicating team activities, not personal. • Any content of an electronic communication should be readily available to share with the public or families of the player or coach. • If the player is under the age of 18, any email, text, social media, or similar communication must also copy the player’s parents.

24. Travel Policy • Minor players are most vulnerable to abuse during travel • Adherence to travel policies helps reduce opportunities for misconduct • Local travel should be the responsibility of the parents, not team • Team should provide adequate supervision/chaperones • Drivers should have driving records checked • Coaches cannot drive or travel alone with or share a hotel room with an unrelated minor • Other volunteers may travel with unrelated minors only with parental consent • Hotel rooms should be monitored/checked regularly by trained/screened adults • No coach or chaperone shall be under influence of alcohol/drugs while performing their duties

25. One-on-One Interactions The majority of child sexual abuse is perpetrated in isolated, one-on-one situations. One-on-one interactions between a minor and an Applicable Adult at a Facility are permitted if they occur at an observable and interruptible distance by another adult. Meetings between adults and minors at a Facility may only occur if another adult is present and is advised the meeting is taking place. observed and interruptible If in an office at a Facility, the door to the office must remain unlocked and open. Windows, blinds, and/or curtains remain open during meeting Individual training sessions are permitted at a Facility if the training session is observable and interruptible by another adult. If not observable, then the coach must obtain written permission of the minor’s legal guardian in advance of the training session. Permission for individual training sessions must be obtained at least every six months. Parents, guardians, and other caretakers must be allowed to observe the training session

26. Education and Awareness Training • Provides members with information necessary to monitor their organization, minimize opportunities for abuse and misconduct, and respond to concerns • Available to all coaches, managers, employees and volunteers at no cost • A membership number is required, but those not registered with USA Hockey may do so at no cost by registering as a manager/volunteer • SafeSport Policy requires training for all coaches and officials and those that: • Have regular contact with or authority over minors • Are responsible for enforcing child abuse and misconduct policies • Are in managerial or supervisory roles

27. SafeSport Training • 2014-15 • 2015-16 • 201 • Training has been every other season, but will become every season • Initially must take “Core Course” – 90-120 minutes • Refresher Course is approximately 30 minutes. • Parent Training available • Youth Training coming soon (with parental consent)

28. SafeSport Training 2014-152015-162016-17Total • MAHA had 4,472 coaches, 4,074 had completed training (91%) • MAHA had 1,367 referees, 1,253 had completed training (92%) • MAHA had 2,997 registered volunteers, 1,957 had completed training (65%)

29. SafeSport Training (Changes) • Annual requirement (with Refresher course) • Training for 18 year olds with regular contact with or authority over minor athletes • 18 year old players on teams with minors. • Affiliate and local program board members and other volunteers. • Unclaimed coaches and volunteers. • Training for Minors (“offer and give”) • Posting list of trained coaches

30. Screening of Staff and Volunteers • Purposes of a Screening Policy: • Protects USA Hockey participants from known offenders by preventing their access to programs • Deters offenders that have not been caught from joining USA Hockey programs • Protect Programs and their Participants from allowing a previous offender to have access to minors • When we allow a coach to hold a position, we are putting our stamp on them that they have been screened and trained.

31. Screening Requirements • Current: • Affiliate manages the screening process within their Affiliate • Screening is required for all coaches and officials and those that: • Have regular contact with or authority over youth participants • Are responsible for enforcing child abuse and misconduct policies • Are in managerial or supervisory roles • Screening must be completed prior to person servingin that role • Screens are valid for two (2) years • Affiliates must report any volunteers that have been denied eligibility based on the person not consenting to be screened or failing a screen • Affiliate is responsible for confirming and certifying compliance

32. National Background Screening Policy • USOC is developing a new policy for all NGBs • Single screening program/company for NGB • Screening will be completed in conjunction with registration with USA Hockey through a single screening program • Enhanced screens/additional databases • Minimum screening criteria • Screening costs increased • 2020-21 season • Compliance by Affiliates and Programs must include all coaches, board members, volunteers • Reviews done at national level • Review of Hits involving Sexual Misconduct to Center for SafeSport • Screens valid for multiple sports

33. Reporting of Concerns of Abuse • An effective program requires a reporting policy that results in reports of suspected abuse and misconduct, and does not in any way deter victims or witnesses from reporting abuse and misconduct. • Potential abusers will avoid involvement in a program where there is a likelihood that suspected abuse will be reported. • Reports to USA Hockey may be made by: (1) clicking on the “Report to USA Hockey” link on the USA Hockey SafeSport Program webpage, (2) emailing to SafeSport@usahockey.org, or (3) calling 800-888-4656. • Reports may also be made to Affiliate SafeSport Coordinator • All cases involving suspicions or allegations of child physical or sexual abuse must be reported to (A) the appropriate law enforcement authorities and (B) the US Center for SafeSport. • USA Hockey and its programs should not investigate or try to judge the credibility of an allegation of suspected child physical or sexual abuse as a condition of reporting to the authorities.

34. What are Reasons People do not Report? • Uncertain if what they see is actually maltreatment. • Uncertain if what you know is enough. • Fear of making a false accusation. • Fear of retaliation. • Fear others will know you made a report. • Hesitant to get involved in a complicated system. • Don’t know how to report. • Assume someone else has reported. • Don’t want to damage relationship with the accused. • Don’t want to make matters worse for the child.

35. Reporting, cont. • All adults in USA Hockey are mandatory reporters under federal law– failure to report can be a crime. • We need to be diligent about reporting … • Report, report, report… • Confidentiality/Anonymous Reporting • Whistleblower protection when reports are made in good faith. • Complainants are protected from retaliation, punishment or retribution. • Malicious, frivolous or bad faith reports are grounds for disciplinary action and/or civil or criminal action. • We need to timely and fully respond to reports.

36. Jurisdiction for Responding to Reports • USCSS Exclusive Jurisdiction.The USCSS has exclusive jurisdiction over: • Allegations that a Participant has violated the Sexual Misconduct Policy • Misconduct that is reasonably related to an underlying allegation of Sexual Misconduct • Criminal Charges or Dispositions involving Child Abuse or Sexual Misconduct • Misconduct related to Center’s Processes. • USCSS Discretionary Jurisdiction. The USCSS has discretionary jurisdiction over allegations that a Participant engaged in any other violations of the USA Hockey SafeSport Handbook or the USCSS Code

37. Jurisdiction for Responding to Reports • USA Hockey Jurisdiction. • USA Hockey (including through USA Hockey Affiliates and/or Member Programs) retains the authority and jurisdiction over allegations of violations of the USA Hockey SafeSport Handbook and/or USCSS Code that are not within the USCSS’s exclusive jurisdiction, provided that, in the event that the USCSS exercises jurisdiction of a matter within its discretionary jurisdiction, then USA Hockey shall no longer exercise jurisdiction over the matter. • Prior to the USCSS expressly exercising jurisdiction over particular allegations regarding a particular Participant, USA Hockey may implement necessary and/or appropriate measures, up to and including a suspension, to address any allegations of misconduct. • After the USCSS expressly exercises jurisdiction over particular allegations, USA Hockey cannot issue a suspension or other restriction that may deny or threaten to deny a Respondent’s opportunity to participate in sport. • USA Hockey, or an Affiliate or Member Program in consultation with USA Hockey, may implement any necessary safety plan(s) or interim measure(s) to address safety of other Participants.

38. Responding to Reports of Abuse • SafeSport does not create a new disciplinary program or system. • In responding to allegations of a SafeSport violation, USA Hockey follows the disciplinary procedures set forth in USA Hockey Bylaw 10. • Bylaw 10 is the exclusive procedure for imposing discipline or addressing disputes through USA Hockey. Is mandated by USA Hockey’s status as a National Governing Body. • Provides for: • Summary Suspensions • Opportunity for a Hearing • Notice of the hearing • Disciplinary authority has the burden of providing more likely than not that the violation occurred. • Appeals to the Affiliate Board of Directors and to USA Hockey Executive Committee

39. Handling a SafeSport Report • Conflicts of Interest • Communication with parties is critical • Must interview complaining party • Closing/Concluding a Matter • Reporting to USA Hockey

40. Monitoring and Supervision The Monitoring and Supervision aspect of the SafeSport Program helps USA Hockey and its Member Programs monitor, supervise and safeguard that the SafeSport Program is being followed, and how it may be improved, to result in a safe environment for participants. • Coaches – The coach is primarily responsible for monitoring his/her team so that locker room, travel, social media, electronic communications and behavioral policies are being followed -- these duties may be delegated • Local Programs – Must monitor program personnel so that they are enforcing program policies, and so that all volunteers are screened and have received proper training prior to serving. • Affiliate – Affiliate SafeSport Coordinators monitor compliance by local programs -- monitors reports, investigations and disciplinary actions within Affiliate. • USA Hockey – Monitors Affiliate’s compliance, assists Affiliate’s with investigations and provides guidance, enforces policies with national level staff and volunteers.

42. Two primary focuses: • Education and Outreach • Response and Resolution to allegations of sexual abuse & misconduct in Olympic movement (50 NGBs)

43. All National Governing Bodies are required to be under the Center’s jurisdiction. • Requires: • Minimum standards • Delegation of jurisdiction • Enforcement of decisions

44. Jurisdiction USA Hockey’s – “Covered Individuals”/ “Participants” • Registered Participant Members, which includes players, coaches and referees, as well as those in the “Manager/ Volunteer” category. • All persons serving as a member of USA Hockey’s Board of Directors, on a national level council, committee or section, or in any other similar positions appointed by USA Hockey. • All coaches, officials or staff (e.g., trainers, physicians, equipment managers) for any USA Hockey team, camp or national level program. • All USA Hockey national staff. • Any persons who are authorized, elected or appointed by a USA Hockey Affiliate or Member Program to a position of authority over Athletes or that have frequent contact with Athletes.

45. Reporting Requirements • All “Participants” are required to promptly report any alleged violations of the Sexual Misconduct Policy to Center for SafeSport and to applicable law enforcement authorities. • Because USA Hockey may not be aware of the report, persons are requested and strongly encouraged to also report to USA Hockeyso that USA Hockey can take immediate action. • A Participant’s failure to report may subject such person to disciplinary action by the USCSS. • The duty to report to USCSS does not supersede any local, state, or federal reporting requirements.

47. USA Hockey’s Center for SafeSport Reports

50. Changes to Amateur Sports Governance Amateur Sports Act policies must now include: • Mandatory Reporting -- All adult members of an NGB and all adults authorized by the NGB or a member of an NGB are required to report any allegation of child abuse to the Center and to law enforcement. • One-on-One Interactions – reasonable procedures to limit one-on-one interactions between a minor athlete and an adult without being in an observable and interruptible distance. • Prohibit Retaliation – must prohibit retaliation against any individual who makes a report. • Oversight Procedures – including regular and random audits of each NGB to ensure policies are being followed, and that consistent training is offered to adult members that interact with minors, and subject to parental consent, to minors, regarding prevention of child abuse. • Mechanism for Reporting… NGBs to share reports of suspected abuse. • Summary Suspensions … NGBs may continue to issue.