GAO-15-418, YOUTH ATHLETES: Sports Programs' Guidance .

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United States Government Accountability OfficeReport to the Honorable Jackie Speier,House of RepresentativesMay 2015YOUTH ATHLETESSports Programs’Guidance, Practices,and Policies to HelpPrevent and Respondto Sexual AbuseGAO-15-418

May 2015YOUTH ATHLETESSports Programs’ Guidance, Practices, and Policiesto Help Prevent and Respond to Sexual AbuseHighlights of GAO-15-418, a report to theHonorable Jackie Speier, House ofRepresentativesWhy GAO Did This StudyWhat GAO FoundMedia reports of the sexual abuse ofyouth athletes by their coaches haveraised questions about how athleticorganizations protect against suchabuse. Research shows that the powerdynamic between coaches andathletes aiming for high performancemakes those athletes uniquelyvulnerable to abuse. Although statesare primarily responsible foraddressing abuse, federal laws mayapply, such as those that prohibit sexdiscrimination, including sexual abuse,in federally-funded educationprograms, require reports of campuscrimes, and set minimum standards forstate child abuse reporting laws. GAOwas asked to review efforts to preventand respond to the sexual abuse ofyouth athletes under age 18.Several federal agencies have roles in preventing and responding to the sexualabuse of a broad population of youth under age 18, which may include youthathletes. For example, the Department of Health and Human Services (HHS) andthe National Center for Missing and Exploited Children, a nonprofit organizationthat receives Department of Justice (Justice) funding, published suggestedpractices for preventing child sexual abuse in youth-serving organizations. Thesesuggested practices include defining and prohibiting misconduct; screening staffusing fingerprint-based criminal background checks and other tools; and trainingstaff on how to recognize, report, and respond to abuse. The National Center forMissing and Exploited Children also makes available information on childprotection policies in youth sports settings, such as defining appropriate coachathlete relationships. In addition, Justice may investigate alleged youth athleteabuse if there is a possibility the case constitutes a federal crime. These effortsmay apply to youth in a range of settings. In addition, the Departments ofEducation (Education) and Justice oversee compliance with a civil rights law thatprotects individuals from sex discrimination, including sexual abuse, at schoolsthat receive federal funding, which would generally include youth participating insports camps on university campuses. Education also oversees postsecondaryschool compliance with a federal law requiring reporting of crimes, including sexoffenses, that occur on or near campus. To ensure schools are meeting theirobligations under these laws, Education and Justice conduct compliance reviewsand investigations, and Justice participates in federal litigation involving claims ofsex discrimination. Education also provides guidance and training to schools inareas such as developing codes of conduct, offering prevention and awarenesstraining, and establishing reporting procedures.GAO examined (1) the role of federalagencies in preventing and respondingto sexual abuse of youth athletes, and(2) steps selected athletic programsaimed at high performance take toprevent and respond to such abuse.GAO reviewed relevant federal laws,regulations, guidance, and literature;visited a nongeneralizable sample of11 athletic programs in three statesselected on factors including sportpopularity, gender participation, andgeographic diversity; and interviewedfederal agencies, relevantassociations, and experts.What GAO RecommendsGAO makes no recommendations inthis report. Education, HHS, andJustice provided technical comments,which we incorporated as appropriate.View GAO-15-418. For more information,contact Kay Brown at (202) 512-7215 orbrownke@gao.gov.The 11 athletic programs GAO reviewed all reported using methods, such asscreening and training staff, to help prevent and respond to the sexual abuse ofyouth athletes. For example, the selected athletic programs, which included 8private athletic clubs and 3 universities operating youth sports camps, allreported using name-based background checks to screen staff members for acriminal history. Two universities that operated sports camps reported theysometimes used fingerprint-based checks, while officials from other athleticprograms cited the high cost of fingerprint checks as a barrier. Training forathletic staff in the programs GAO visited included how to identify signs of,respond to, and report suspected incidents of sexual abuse. Policies for all ofthese athletic programs also require staff to report suspected abuse to lawenforcement. Further, the selected programs had response policies thatgenerally included removing the suspected offender from the program andconducting their own investigations, which could result in lifetime bans from theprogram. Athletic programs’ policies also included a variety of possibledisciplinary actions, such as warning letters or required leave, for addressinginappropriate behavior that falls short of sexual abuse. Some of these policieshave been created or revised in recent years, including the policies that privateathletic clubs are implementing based on the United States Olympic Committee’sathlete safety program, SafeSport, which prohibits various forms of misconduct,including child sexual abuse. GAO did not assess the effectiveness of any of theselected athletic programs’ policies.United States Government Accountability Office

ContentsLetter1BackgroundFederal Efforts to Address Child Sexual Abuse in a BroaderContext May Apply to Youth AthletesSelected Athletic Programs Use Screening and Training of Staff,Among Other Actions, to Prevent and Address the SexualAbuse of Youth AthletesAgency Comments and Our Evaluation2334Appendix IObjectives, Scope and Methodology36Appendix IIGAO Contact and Staff Acknowledgments40Related GAO Products5841TablesTable 1: Examples of Federal Activities Related to Preventing andAddressing Sexual Abuse that May Apply to YouthAthletesTable 2: Examples of Suggested Practices for Preventing andResponding to Sexual Abuse in Youth-ServingOrganizationsTable 3: Common Features of Selected Athletic Programs’ SexualAbuse Awareness and Prevention Training, by Categoryand Topic91228FiguresFigure 1: Flow of Information and Resources between the UnitedStates Olympic Committee, National Governing Bodies,Regional Affiliates, and Private Athletic ClubsFigure 2: Continuum of Possible Behaviors by Perpetrators ofChild Sexual AbusePage i68GAO-15-418 Abuse of Youth Athletes

AbbreviationsCAPTACDCClery ActEducationFBIFSAHEAHHSJusticeNCMECNGBOCROPETitle IXUSOCChild Abuse Prevention and Treatment ActCenters for Disease Control and PreventionJeanne Clery Disclosure of Campus Security Policy andCampus Crime Statistics ActDepartment of EducationFederal Bureau of InvestigationOffice of Federal Student AidHigher Education Act of 1965Department of Health and Human ServicesDepartment of JusticeNational Center for Missing and Exploited ChildrenNational Governing BodyOffice for Civil RightsOffice of Postsecondary EducationTitle IX of the Education Amendments of 1972United States Olympic CommitteeThis is a work of the U.S. government and is not subject to copyright protection in theUnited States. The published product may be reproduced and distributed in its entiretywithout further permission from GAO. However, because this work may containcopyrighted images or other material, permission from the copyright holder may benecessary if you wish to reproduce this material separately.Page iiGAO-15-418 Abuse of Youth Athletes

Letter441 G St. N.W.Washington, DC 20548May 29, 2015The Honorable Jackie SpeierHouse of RepresentativesDear Congresswoman Speier:Media coverage on and academic research of the sexual abuse of youthathletes by their coaches has raised questions about the type ofapproaches and policies youth-focused athletic organizations use toprotect children from potential abuse. In many cases, youth athletes havepositive interactions with their coaches and gain important leadershipskills and self-confidence through their participation in sports. However,reports of sexual abuse, misconduct, and inappropriate relationshipsbetween coaches and athletes have occurred across a variety of sports,gender interactions, and settings, with some resulting in convictions ofcoaches of one or more sexual offenses.1 As research has shown, childsexual abuse often has significant detrimental consequences to children’sphysical, psychological, academic, and behavioral development.2Little is known about the prevalence of sexual abuse of youth athletes inthe United States However, research has highlighted the specific ways inwhich athletes have been “groomed” by coaches—a set of behaviors thatperpetrators carry out to establish trust and later facilitate sexual activitywith a child.3 Research also indicates that the power dynamics between1Definitions of sexual abuse and sexual misconduct may vary from state to state. Forexample, sexual abuse may be defined in general terms or by specifying various acts assexual abuse such as rape, molestation, or sexual assault. For purposes of this report,sexual abuse includes any sexual activity involving a child that is a crime under applicablestate law. Definitions of sexual misconduct may also vary by state and include a variety ofbehaviors. For example, sexual misconduct could include any verbal or physical activitydirected toward a child that is sexual in nature and designed to establish a romantic orsexual relationship with the child. Sexual misconduct may eventually lead to sexual abuse,but may not be considered a criminal act in and of itself, although it may be considered aviolation of other laws, regulations, or professional codes of conduct.2Robert J. Shoop, Sexual Exploitation in Schools: How to Spot It and Stop It (2004).3Celia Brackenridge and Kari Fasting, “The Grooming Process in Sport: Narratives ofSexual Harassment and Abuse,” Auto/Biography Journal13, (2005): 33-52. Groomingbehaviors are part of a pattern of behavior and are done with the intent to perpetratefuture sexual abuse or misconduct, but the same behaviors may occur without such intent.Page 1GAO-15-418 Abuse of Youth Athletes

coaches and athletes aiming for high performance make those athletesuniquely vulnerable to abuse due, in part, to the high risk, high rewardenvironment in which they compete and the position of power held bycoaches who play critical roles in ensuring their success.4 Among thedifferent settings where such incidents can occur are youth sports campsheld on college and university campuses and private athletic clubstargeting high athletic performance, such as Olympic-level training clubsfor athletes who display competitive excellence in their sport.5States have the primary role in ensuring the safety of their citizens;6however, federal law establishes minimum standards for state mandatoryreporting laws regarding suspected child abuse and neglect, includingsexual abuse.7 Athletic programs must comply with any applicable staterequirements regarding mandatory reporting, which can vary from state tostate, and programs may be subject to other requirements, depending ontheir setting. For example, postsecondary schools8 are required to complywith Title IX of the Education Amendments of 1972 (Title IX), whichprohibits sex discrimination, including sexual harassment and abuse, infederally-funded education programs and activities,9 and the JeanneClery Disclosure of Campus Security Policy and Campus Crime Statistics4Ashley E. Stirling and Gretchen A. Kerr, “Abused Athletes’ Perceptions of the CoachAthlete Relationship,” Sport in Society 12, no. 2 (2009): 227-239.5Youth also participate in local clubs and programs that are not aimed at developing highperformance athletes. Because our focus was on high performance athletes, this study didnot include a review of these types of youth athletic programs, although abuse could occurin such settings.6This report focused on the role of federal agencies in preventing and responding to thesexual abuse of youth athletes aiming for high performance, and did not explore theactions taken by state and local authorities.7As a condition of receiving funding under the Child Abuse Prevention and Treatment Act(CAPTA), as amended, states must comply with certain requirements, includingestablishing a state mandatory reporting law. 42 U.S.C.§ 5106a(b)(2).8Unless otherwise specified, we use the terms ‘postsecondary schools’ and ‘schools’ inthis report to refer to colleges and universities receiving federal financial assistance.9Title IX generally provides that “[n]o person shall, on the basis of sex, be excludedfrom participation in, be denied the benefits of, or be subjected to discrimination under anyeducation program or activity receiving Federal financial assistance.” 20 U.S.C. § 1681(a).The Supreme Court has held that sex discrimination includes sexual harassment andabuse in the context of Title IX. See Franklin v. Gwinnett County Pub. Sch., 503 U.S. 60,75 (1992).Page 2GAO-15-418 Abuse of Youth Athletes

Act (Clery Act), which requires postsecondary schools that receive federalstudent aid funding to report certain crimes that occur on and around theircampuses.10 You and former Representative George Miller, in his role asRanking Member of the House Committee on Education and theWorkforce, expressed interest in learning more about efforts made byfederal agencies and athletic programs to prevent and respond to thesexual abuse of youth athletes under the age of 18.Our review addresses the following questions for athletic programs aimedat developing high performing athletes:111. What role do federal agencies play in preventing and responding tothe sexual abuse of youth participating in these programs?2. What steps do selected athletic programs take to prevent and respondto the sexual abuse of youth athletes?To perform this work, we used a variety of approaches. To understandwhat role federal agencies play in preventing and responding to thesexual abuse of youth athletes under age 18, we reviewed relevantfederal laws and regulations as well as relevant agency documents, suchas guidance and procedures for conducting compliance reviews. Weinterviewed officials from the Departments of Education (Education),Health and Human Services (HHS), and Justice (Justice). We alsointerviewed relevant experts on coaching, athletics administration, andsexual abuse, and officials from a range of relevant organizations,including youth sport and education associations; victim advocacygroups; the National Collegiate Athletic Association (NCAA); the UnitedStates Olympic Committee (USOC); and the USOC’s national governingbodies (NGB) for the selected private athletic programs of figure skating,hockey, and swimming, and four of their regional affiliates.12 We also10Among other things, the Clery Act requires postsecondary institutions that participate infederal student financial assistance programs to annually disclose, and report to theDepartment of Education, statistics on specified crimes that occur on or near theircampuses. 20 U.S.C. § 1092(f).11Specifically, our review focused on two types of athletic programs aimed at developinghigh performing youth athletes: (1) youth sports camps held on college and universitycampuses; and (2) private athletic clubs implementing an athlete safety program based onthe program established by the U.S. Olympic Committee.12Within the USOC membership structure, regional affiliates of NGBs serve asintermediaries between the NGBs and private athletic clubs in their region.Page 3GAO-15-418 Abuse of Youth Athletes

reviewed relevant literature from these groups. To gather information onhow selected athletic programs address the sexual abuse of youthathletes, we conducted site visits to a nongeneralizable sample of athleticprograms in three states—California, Florida, and Texas.13 Weinterviewed representatives of and reviewed documentation for a total of11 athletic programs, which included 3 universities that operate youthsports camps14 and 8 local private athletic clubs. States and athleticprograms were selected based on criteria including popularity of sportamong youth, college rankings in selected sports, gender participation,and geographic diversity. We gathered information about the relevantpolicies and procedures selected athletic programs have designed forscreening staff and volunteers, education and awareness training,monitoring and supervision, reporting of complaints, responding tocomplaints, and imposing sanctions.15 We also reviewed trainingmaterials on the subject of youth protection. For more information on ourscope and methodology, see appendix I.We conducted this performance audit from February 2014 to May 2015 inaccordance with generally accepted government auditing standards.Those standards require that we plan and perform the audit to obtainsufficient, appropriate evidence to provide a reasonable basis for ourfindings and conclusions based on the audit objectives. We believe thatthe evidence obtained provides a reasonable basis for our findings andconclusions based on our audit objectives.13For the purposes of this report, any reference to “selected athletic programs” includesboth private athletic clubs and sports camps operated by a college or university and heldon campus.14When selecting postsecondary schools that host youth sports camps, we focused onthose schools offering youth sports camps for basketball, football, gymnastics, swimmingand diving, and volleyball.15For this report, we did not assess how selected athletic programs implemented thesepolicies. We also did not evaluate how selected athletic programs’ policies were applied topast cases of child sexual abuse as it was beyond the scope of this report.Page 4GAO-15-418 Abuse of Youth Athletes

BackgroundYouth Athletic ProgramsAimed at Developing HighPerformancePrivate Athletic ProgramsYouth aiming to develop advanced skills, compete at a high performancelevel, and achieve competitive excellence in a sport have a variety ofoptions for honing their skills. Youth can participate through privateathletic clubs—local sport-specific organizations that serve athletes whocompete, or may be interested in competing, at the highest performancelevel. Generally, these clubs are part of a larger sport network under theumbrella of the USOC.The Amateur Sports Act of 1978 established the USOC as a federallychartered nonprofit corporation that serves as the centralized body forU.S. Olympic sports.16 In 1998, the Amateur Sports Act was revised bythe Ted Stevens Olympic and Amateur Sports Act.17 Under the act, theUSOC is authorized to recognize NGBs, which govern their respectivesports and recommend athletes to the USOC for participation in theOlympic Games.18 Currently, the USOC recognizes 47 NGBs. The actsets forth a number of purposes for the USOC, including to exercisejurisdiction over U.S. participation in the Olympic Games and theorganization of the Olympic Games when held in the United States. Otherpurposes include to provide swift resolution of conflicts and disputesinvolving athletes and NGBs; to coordinate and provide information ontraining, coaching, and performance; and to encourage and supportresearch, development, and dissemination of information in the areas ofsports medicine and sports safety. The USOC may provide financial16The United States does not have a federal government agency dedicated to athletics,unlike some other countries, which may have a sports ministry or similar entity. The USOCdoes not currently receive federal funding.17Codified as amended at 36 U.S.C. §§ 220501-220529.18In addition to the Olympic Games, athletes may be recommended to participate in theParalympic, Youth Olympic, Pan American, and Parapan American Games. The USOC isalso authorized to reco

Sexual Exploitation in Schools: How to Spot It and Stop It (2004). 3. Celia Brackenridge and Kari Fasting, “The Grooming Process in Sport: Narratives of Sexual Harassment and Abuse,” Auto/Biography Journal. 13, (2005): 33-52. Grooming

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