U.S. Center for SafeSport: A Primer

U.S. Center for SafeSport: A Primer

Updated July 9, 2024
U.S. Center for SafeSport: A Primer
The U.S. Center for SafeSport (“the Center”) is the primary
Authorities and Operations of the
amateur athletics organization in the United States with
Center
responsibility for preventing and responding to sexual and
The Center is independent from USOPC and other
other abuse. Between its creation in 2017 and December
organizations and “exercise[s] jurisdiction over the
2023, the Center received over 24,000 reports of potential
[USOPC] and each [NGB] with regard to safeguarding
abuse and found violations involving nearly 2,200 adults,
amateur athletes against abuse, including emotional,
many of whom are no longer eligible to work or volunteer
physical, and sexual abuse, in sports” (36 U.S.C.
with covered sports organizations.
§220541(a)(1)(B)). The Center is required to allow for the
“reporting, investigation, and resolution” of sexual abuse
While the Center’s model has been praised, and the Center
allegations (36 U.S.C. §220541(a)(1)(D)). Those policies
has developed an infrastructure to address abuse, some
and procedures are provided in the SafeSport Code for the
stakeholders have called its effectiveness into question.
U.S. Olympic and Paralympic Movement. The Center is
also specifically required to immediately report allegations
This In Focus provides background on Congress’s role in
of child abuse to law enforcement and to require NGBs to
the development of the Center, an overview of rules
do the same (36 U.S.C. §220542(a)(2)).
pertaining to the Center, and discussion of concerns about
the Center’s effectiveness and recent process reforms.
The Center maintains both an online reporting portal and a
telephone hotline. Information on both is available at
Creation and Development of the
https://uscenterforsafesport.org/report-a-concern/.
Center
Amateur athletics stakeholders established the Center in
early 2017 to address abuse against amateur athletes
Complaint Review Process
through prevention, education, and accountability. The
Section XI of the SafeSport Code includes standards for the
Center’s creation followed several high-profile
management and disposition of complaints. When the Center
investigations of sexual abuse of minor athletes by adults
receives or accepts a complaint that falls within its jurisdiction, it
affiliated with the national governing bodies (NGBs) for
is to notify USOPC or the relevant NGB and make a preliminary
several sports.
inquiry to determine whether to conduct a ful investigation.
During an investigation by the Center, both the claimant (who
Perhaps the most well-known of these cases involved
has alleged wrongdoing) and the respondent (who is under
former USA Gymnastics physician Larry Nassar, who
investigation) are allowed to submit relevant evidence and
sexually abused athletes for decades and is currently
identify potential witnesses. Neither party is required to
serving a 60-year sentence in federal prison.
cooperate with or participate in this process. Respondents have
At the time of the Center’s
certain procedural rights, including a right to written notice, to
creation, Congress was also
be represented by counsel, and to be heard during the
considering legislation to address these issues. Initial
investigation.
proposals focused on ensuring that the United States
Olympic and Paralympic Committee (USOPC) and NGBs
Decisions of the Center are based on a preponderance-of-the-
appropriately respond to abuse allegations. Ultimately, in
evidence standard. The findings of each investigation are included
early 2018, Congress passed the Protecting Young
in a confidential report that is provided to the claimant and
Victims from Sexual Abuse and Safe Sport Authorization
respondent along with the Center’s decisions regarding violations
Act (P.L. 115-126), which instead assigned most of those
and sanctions.
duties to the Center. These provisions are codified at Title
After a decision is issued, the respondent has a right to a review
36, Sections 220541-220543, of the U.S. Code.
hearing before an arbitrator.
After this congressional action, abuse investigations
continued, and more information came to light about the
The Center is also required to maintain an office of
problem across the amateur athletics community. This led
education and outreach, provide training on SafeSport Code
Congress to enact the Empowering Olympic, Paralympic,
practices, and conduct compliance audits of USOPC and
and Amateur Athletes Act (P.L. 116-189) in 2020. This act
NGB adherence to SafeSport Code policies (36 U.S.C.
made broader changes to the Amateur Sports Act, which
§220541(h)).
governs USOPC, including more independence for the
Sanctions
Center from USOPC and enhanced congressional oversight.
When a Center investigation finds that a violation of the
SafeSport Code has occurred, the Center is authorized to
impose sanctions, including written warnings, time-limited
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U.S. Center for SafeSport: A Primer
restrictions including probation and suspension, indefinite
some to raise concerns about the independence of the
or permanent ineligibility, and mandatory training
Center from USOPC. In a March 2024 congressional
(SafeSport Code §XIII).
hearing, the Center requested that this contribution be
increased to $30 million based on increasing caseloads.
Publication of Names of Barred Individuals
The Center is required to “publish and maintain [a website]
In addition, Congress has authorized the Department of
that contains a comprehensive list of adults who are barred
Justice to provide grants of up to $2.5 million per year to
by the Center” (36 U.S.C. §220541(a)(1)(G)). The
support oversight with regard to “safeguarding amateur
SafeSport Code states that the Center will publish a list of
athletes” (36 U.S.C. §220531).
participants “whose eligibility has in some way been
restricted by the Center, the USOPC, an NGB,” or a local
Recent Criticism and Process Changes
affiliated organization (SafeSport Code §XIII(C)).
Congress has demonstrated an ongoing interest in the
welfare of amateur athletes, including both accountability
The Center publishes this list on its website including their
for and prevention of abuse. Congress may wish to monitor
name and location, affiliation, status, and why they were
the Center’s ability to protect athletes and address abuse.
barred. The list includes approximately 2,000 individuals.
The SafeSport Code and the Center are both relatively new,
NGB Compliance Audits
especially in their implementation, and the Center’s
The Center also conducts annual audits of USOPC and
effectiveness has been criticized. For instance, on March 1,
NGBs to “assess compliance with policies and procedures”
2024, the Commission on the State of the U.S. Olympics
for the Center and help ensure they are providing
and Paralympics, a commission created by Congress in
“consistent training” to all staff (36 U.S.C. §220541(h)).
2020, issued its final report and recommendations on
modernizing sports governance in the United States. The
The Center is authorized to impose “corrective measures”
report’s findings echoed concerns raised in recent years by
on USOPC and NGBs to ensure compliance with the
other stakeholders regarding the Center’s processes and
Center’s requirements, and USOPC is obliged to use its
capacity and identified broader issues with the funding
authority over NGBs to assist the Center (36 U.S.C.
method for the Center and confusion in the stakeholder
§220541(h)(2). The Center is required to make the results
community regarding the scope of its jurisdiction.
of compliance audits publicly available and to report
annually to Congress on corrective measures (36 U.S.C.
While Congress weighs potential legislation to address
§220541(h)(3)).
stakeholder concerns, the Center has also taken action in
2024 intended to address those issues. In April 2024, the
Independence Requirements
Center announced numerous changes intended to address
Congress has emphasized the Center’s need for
major criticisms of the Center’s processes, including clearer
independence from USOPC and NGBs, which might be the
and more consistent communication, more efficient
subject of investigations. To that end, in most cases there is
management of complaints, and expanded training and
a two-year “cooling-off” period during which an individual
audits.
may not “work or volunteer at the Center” after leaving a
position with USOPC or an NGB (36 U.S.C. §220541(f)(1).
On July 1, 2024, the Center also completed revisions to the
The Government Accountability Office is required to
SafeSport Code to further address concerns. Among other
certify each year that the Center has maintained its
things, the revisions created more specificity regarding the
independence by following this and other specified
resolutions and holds that the Center may issue in cases.
practices (36 U.S.C. §220541(j)).
This includes categories of administrative closures that
more accurately describe the status of investigations.
Additionally, if USOPC or an NGB attempts to interfere
Previously, the Center used the general “administrative
with an investigation conducted by the Center, the Center is
closure” category for cases that were being closed or put on
required to report that interference to Congress within 72
hold for a variety of reasons. This lack of specificity
hours (36 U.S.C. §220541(f)(4)).
contributed to concerns about both the status of individual
cases and the overall effectiveness of the Center’s
Transparency to Congress
complaints process.
To facilitate congressional oversight, the Center is required
to submit an annual report to Congress that includes general
These recent changes may improve the Center’s processes
information about the Center’s activities, specific
in a way that alleviates at least some stakeholder concerns.
information on its finances, and statistics on complaints and
However, the number of complaints received by the Center
investigations (36 U.S.C. §220543(c)).
has continued to grow, and it may be difficult to manage
that caseload while also implementing changes and
Funding
decreasing processing times.
The operating funds for the Center are provided by the
amateur athletics community. Congress mandated that,
Ben Wilhelm, Analyst in Government Organization and
beginning in 2021, USOPC must provide the Center $20
Management
million per year (36 U.S.C. §220541(g)(1). The Center also
receives funding from donations, grants, and fees for some
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of its training programs. This funding mechanism has led
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U.S. Center for SafeSport: A Primer

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