Risk Management

Forms


Purpose: To protect and provide a safe and healthful environment to the players participating in MYSA’s sanctioned Affiliate members, leagues, programs (Rec-Rec Plus-ODP), and tournaments.

Background: As awareness increases about the risks associated with individuals working with children who abuse their authority by committing sexual, physical, mental and emotional abuse, there is a need to provide a means of protection. In August 1994, the United States Youth Soccer Association approved the KidSafe Program and placed it into effect immediately. As a part of this program, the US Youth Soccer charged each state organization with the responsibility of developing a written program outlining safety guidelines and procedures.

Position Statement:  MYSA and its Affiliate Members shall not knowingly permit any person convicted of a crime against persons or a crime of violence, to become or remain in any volunteer position for the organization. If background checks reveal convictions of any crimes within the past 15 years from the date of application, the person’s application shall be rejected or s/he will be dismissed from any position s/he holds in the organization. Any convictions occurring more than 15 years ago may be considered by the Risk Manager in the determining of the applicant’s suitability for the position, but will not automatically disqualify the application. (See MYSA Player Protection Policies)

Applicability: The policy applies to any of the following that have regular contact with those defined as "Players," as stated in the Player/Adult Protection Guidelines (included below):

A. Coaches, assistant coaches and coaching-related positions
B. Trainers
C. Team Managers / Responsible Adults affiliated with the team
D. Board of Directors or managers of all Affiliate Members, leagues and organizations associated with MYSA, including those serving on the MYSA Executive Board and Youth Council and District Operating Committee Members
E. All employees of MYSA
F. All independent contractors who enter into contracts with MYSA, if they have contact with those identified as ‘Players"

Responsibilities: Note: The MYSA Youth Council has identified the Vice President of Administration as the Statewide Risk Manager to assist and advise Affiliate Members in this endeavor.

1. Affiliate Member Board of Directors or Presidents will:

A) Designate a local Risk Manager and alternate to serve as the liaison to the MYSA State Risk Manager (SRM).

B) Ensure that all affected volunteers comply with this policy.

C) Ensure complaints of abuse are investigated and reported to the MYSA-SRM.

2. Affiliate Member Risk Managers will:

A) Serve as a liaison to the MYSA-SRM.

B) Distribute and collect Adult Registration/Informed Consent form (WI residents form) completed by those positions as defined.

C) Forward all Adult Registration/Informed Consent forms to your (club) Affiliate Member Risk Manager for potential background checks and administration of any necessary discipline.

D) Receive and forward to the SRM, complaints of violations of the guidelines and policies, including complaints of physical or sexual abuse of a player. Complaints of such abuse should be reported immediately to the local law enforcement authorities.

E) Advise local Board of Directors on modifications, additions, and enforcement of guidelines and policies.

3. State Risk Manager/MYSA Vice President of Administration will:

A) Ensure that all Affiliate Members comply with the guidelines and policies.

B) Serve as liaison to the Affiliate Member Risk Managers and will be responsible for sharing information, publications, materials, and ideas to better prepare Affiliate Member RM’s for this duty. In addition, the State Risk Manager shall conduct training for Affiliate Member Risk Managers on how to handle complaints and determine appropriate discipline for guideline violations.

C) Contract with a reliable agency to perform background checks on persons designated by these policies.

D) Determine if a person should be excluded from participation or involvement in MYSA programs, based on the information received through the Adult Registration/Informed Consent forms or background checks.

E) Notify applicants or existing members in writing by certified mail of their rejection or expulsion. Notify the State Coaching Director and the MYSA Youth Council of the unacceptability of an applicant or member.

F) Receive and investigate (from the Affiliate Member’s Risk Manager) any complaints of violations of the guidelines and policies, except complaints of physical or sexual abuse of a player. Complaints of such abuse should be reported immediately to the local law enforcement authorities.

G) Compile a written report of each non-abuse violation investigated, including steps taken, persons spoken to, and findings regarding the allegation.

H)   Upon investigation, impose discipline on persons found to have violated the guidelines and policies.

I)   Notify the complainant and the accused of the findings regarding alleged violations and discipline imposed.

J)   Provide information regarding the right to appeal with the notification of findings.

K)   If decision is appealed, submit written report to Appeals Committee and appear at hearing.

L)   Advise the Affiliate Board of Directors on modifications, additions, and enforcement of guidelines and policies.

M)   Collect Adult Registration/Informed Consent forms and have background checks performed insofar as the State staff, Board Members, volunteers for State tournaments or other persons involved with State-run events are concerned.

N)   Periodically review and update this policy as needed.

O)   Receive copies of all written reports of Affiliate Member risk managers regarding alleged player physical or sexual abuse and harassment. The State Risk Manager shall maintain confidential files of all abuse and harassment reports made against persons involved with the sport. Copies received shall be forwarded as required by USYSA.

P)   Upon request by an Affiliate Member risk manager, or in the event a complaint is made against a risk manager or a member of his/her immediate family, investigate the complaint, make findings and determine the appropriate discipline, if necessary.

GENERAL PROCEDURES:

1. A per-player fee will be collected with the summer fees to cover the expense of an external vendor or additional staff person performing the background checks.

2. Information gathering:

A) Adult Registration/Informed Consent forms will be distributed annually and as needed.

B) Volunteers/staff must complete an Adult Registration/Informed Consent form upon initial appointment and every year thereafter.

C) Background checks will be conducted under the auspices of the State Risk Manager.

D) All information provided to the Affiliate Member and forwarded to the State Risk manager is to be held in strictest confidentiality.

3. Notification:

A) All notification must be conducted in writing and delivered by certified mail. If the State Risk Manager determines that a person should be excluded from participation in MYSA programs, a request for their resignation (within ten days of receipt of the letter) shall be included.

B) Both complainant and accused must be notified of any findings.

C) Information regarding the appeals process must be made available, in writing, at the time of notification of decision.

4. Appeals Process:

A) Either party in a complaint may appeal the decision rendered by the State Risk Manager.

B) Appeals will follow the MYSA/US Soccer guidelines. Please refer to the MYSA/US Soccer Administrative Rulebook for appeals procedures.

5. Failure to Comply

A) If an Affiliate Member does not identify a Risk Manager, the roles and responsibilities of that position will fall to the President or Executive Officer.

B) If an Affiliate Member allows a person to continue to participate after information indicates that individual should be excluded, that Affiliate Member will be in violation of the stated policies and guidelines and liable to disciplinary action from MYSA and the Youth Council. The penalties for failing to comply are as follows:

  1. First Violation - The Affiliate Member will be assessed a $500 penalty.
  2. Second Violation - The Affiliate Member will be assessed a $500 penalty and its teams will not be allowed to compete in any post-season tournaments.
  3. Third Violation - The Affiliate Member will have its MYSA affiliation revoked for not less than two years.

C) If an applicant or existing volunteer refuses to provide information for an Adult Registration/Informed Consent form, they will automatically be excluded from further participation in the organization.