Letter to the Membership Addressing SafeSport
July 3, 2019
Dear Fellow USHJA Members,
SafeSport: It can be the topic that divides us or brings us together. Amongst all the discussion and controversy, I believe that we can agree that youth must have a safe environment in which to learn and grow. It is also important to recognize that each member deserves fairness and integrity in all that our sport provides. Horses give riders wings and the opportunity to practice leadership, sportsmanship, empathy, compassion and teamwork.
Amidst the many questions regarding SafeSport, I met with Michael Henry, acting chief officer for response and resolution from the U.S. Center for SafeSport (“The Center”). USHJA Executive Director Kevin Price, USHJA’s General Counsel Marianne Kutner, and I had a chance to ask Mr. Henry many questions regarding the processes that The Center has adopted.
The Protecting Young Victims from Sexual Abuse and Safe Sport Authorization Act was signed into law in 2018, establishing the U.S. Center for Safe Sport. This came about after some National Governing Bodies were found to have turned a blind eye to sexual misconduct within their sports.
SafeSport is a reality for the USHJA. We are bound under the Act for two reasons: the first is because Jumpers are part of the Olympic Movement; and second, we are an Amateur sports organization that participates in interstate athletic competition and our members include adults who are in regular contact with minor athletes.
One of the greatest concerns expressed by our membership is the extent to which fair and adequate procedural safeguards are afforded in the SafeSport process. Mr. Henry said that the SafeSport code calls for “fair notice and an opportunity to be heard.” He described that process in detail and the information is also available on The Center’s website. We further questioned the extent of the procedures provided prior to issuing a Temporary Suspension and Mr. Henry described it as follows:
When a complaint is received by The Center, a Temporary Suspension can be issued after an examination of three criteria:
1. The severity of the accusation. Mr. Henry’s example was that “a pat on the butt,” although inappropriate, does not rise to this level. In general, this involves sexual abuse of a child and the sexual abuse is conducted in a way to put other minors at risk.
2. The sufficiency of evidence. This often comes in the form of multiple claimants.
3. Whether there is relative risk to the participants and/or the community. In general, this comes because the accused is continuing to interact with or train minors.
If these three criteria are met, the Temporary Suspension is issued in the form of a notification to the respondent and their sport federation. At that time, the respondent is offered a 72-hour window to ask for a hearing.
If a hearing is requested, it is typically conducted within 24 hours. The Center contacts JAMS (formerly known as Judicial Arbitration and Mediation Services) and an independent arbitrator is assigned to the hearing. The arbitrator is not connected to The Center. The Center’s attorney presents an opening brief and the respondent, or their attorney, testifies. The arbitrator makes the decision as to whether the Temporary Suspension is upheld.
We asked Mr. Henry if The Center would consider a delay in adding a person to the list until after the hearing. His answer was that The Center, knowing that in their opinion the preponderance of the evidence supported a Temporary Suspension, would be uncomfortable having the respondent in the environment where they could potentially abuse another minor. The Center’s investigators are former FBI, Children’s Services, NCIS, and Title IX investigators, as well as judges and prosecutors. They receive additional training in sexual abuse cases.
It is our understanding that the USEF has scheduled a meeting with The Center to explore modification of the process of placing individuals on the Temporary Suspension list. On the surface, that may feel more comfortable to some, especially when the violation occurred many years in the past.
In the past 10 days, I have received several calls from people who as minors were victims of a sexual assault 20-plus years ago. To them, the assault is fresh in their mind and the trauma has had a profound effect on their life. It is possible that the person who assaulted them has become a better person and that they are no longer a threat to minors. However, if the respondent is still in a position where he or she poses a potential threat to minors, that postponement of publication to the Temporary Suspension list may have serious consequences.
It is important for all of us to strike a balance for our sport. Mr. Henry has shown me that he is willing to listen to ways in which the SafeSport code can be improved. We will meet with The Center as necessary and will press for change where change is appropriate.
As I continue to meet with The Center, I will keep you advised as to any further information or substantive changes. In the meantime, I hope that you will continue to send me feedback, concerns and questions regarding SafeSport at mbabick13@gmail.com. Please remember that reports of abuse should go either to The Center or to law enforcement.
Serving you is our top priority, which means doing what's best for our members, supporters and our sport. Together, we can make sure that our sport is safe for all our members. Thank you for your membership. I truly appreciate it.
Sincerely,
Mary Babick
USHJA Presient
