ARTICLE XVI
CODE OF CONDUCT

1. MSWA Code of Conduct 

These rules of conduct shall apply to all competitive members, affiliated members, officials, coaches, charted clubs and individuals associated with the MSWA. All individuals and/or organizations affiliated with MSWA in any manner shall conduct themselves in the most honorable, courteous and sportsmanlike fashion in compliance with this Code of Conduct. 

Rules of Conduct:

1. The policies, rules, by-laws, and constitution of the MSWA, as issued and amended, from time to time, shall not be violated. 
2. The policies, rules, by-laws, affiliation agreement, and charter of USA Wrestling, as issued and amended, from time to time, shall not be violated. 
3. No person or organization shall destroy or allowed to be destroyed the personal or private property of another. 
4. No person or organization shall use or permit the use of abusive or threatening language or conduct toward any tournament official, MSWA officer, USAW official or USAW officer in any manner, including, but not limited to, posts on public forums. 
5. No person or organization shall conduct themselves in an unsportsmanlike fashion as determined by the MSWA. 
6. No person or organization shall conduct an act of theft, or allow an act of theft to be perpetrated. 
7. No alcohol, drugs or smoking will be allowed by any competitive member in or on the premises of any and all facilities where MSWA or USAW sanctioned events are in progress. Drugs approved or prescribed by proper medical personnel for use by a competitive member shall be exempted provided it meets the USAW rules and guidelines for prescribed drugs and medication for competition. 
8. No person or organization shall falsify or permit the falsification of any document relative or pertaining to the MSWA, USAW, or the activities of either organization. 
9. No person or organization shall participate in or permit the act of cheating, fighting or the act of physical, mental or verbal abuse. 
10. No person or organization shall conduct any act, or permit any act to be conducted, not specifically stated herein or in the rules, regulations, procedures, by-laws or agreements of USAW or the MSWA, that may endanger any person or property tangible or intangible. 

    Any violation or infraction of these Rules of Conduct are subject to    disciplinary action, as determined by the MSWA, including, but not limited to, (a) expulsion from the MSWA and any MSWA activity; (b) revocation of USA wrestling card and all privileges associated therewith; (c) revocation of USA wrestling club status; (d) prohibition of participation in the MSWA and any MSWA activity; and, (e) prohibition of participation in USA wrestling and any USA wrestling activity. 

     In the event club status is the subject of a disciplinary action said    discipline will apply to all members of the club. Any person or organization receiving discipline hereunder desiring to contest it must file a grievance in accordance with the procedures set forth in the MSWA By-laws within 20 days of receipt of the notice of discipline from the MSWA. In the event the notice of discipline is placed in the United States Mail, first class postage pre-paid, it will be deemed to have been received three days from the date of mailing to the last known address of the recipient. A failure to file a grievance constitutes waiver of all objections to the prescribed discipline. The notice of discipline shall include the decision of the MSWA and a copy of the current grievance procedure. All MSWA members agree to comply with and be bound by these Rules of Conduct and the policies and procedures set forth herein and those hereafter promulgated by the MSWA and further agrees to indemnify and hold the MSWA harmless for any failure to comply with the policies and procedures set forth herein. 

2. Abuse and Harassment Policy 

The MSWA hereby incorporates the policy of USA Wrestling, as amended, as its own. Disputes concerning discipline administered by the MSWA pursuant to this policy will be subject to the Grievance Procedures set forth in these By-Laws. 

USA WRESTLING
POLICY ON ABUSE AND HARASSMENT
(REVISED: OCTOBER 2005)

USA Wrestling (USAW) is committed to providing a safe environment for its members, participants, coaches, officials and volunteers and to prevent abusive conduct and harassment in any form while participating in the activities of USAW. USAW promotes good sportsmanship throughout the organization and encourages qualities of mutual respect, courtesy and tolerance in all members, participants, coaches, officials, staff and volunteers. USAW advocates building strong self-images among the youth participants. Athletes with a strong selfimage may be less likely targets for abuse or harassment; similarly, they may be less likely to engage in abuse or to harass or bully others around them. 

To this end, USAW has established the following guidelines of behavior and procedures for our staff, volunteers, coaches, officials and participants. All members of the organization, as well as parents, spectators and other invitees are expected to observe and adhere to these guidelines. 

1. Abuse or harassment of any kind will not be tolerated within the organization. This means USAW does not accept physical, sexual, emotional or verbal abuse, harassment or similar misconduct from any person towards athletes, staff, coaches, officials, volunteers, parents, spectators or any other persons while they are participating in or preparing for events or activities conducted under the auspices of USAW. 
2. Physical and sexual abuse, including, but not limited to, striking, hitting, kicking, biting or wanton gesturing, lewd remarks, indecent exposure, unwanted physical contact, any form of sexual contact or inappropriate touching are strictly prohibited within the organization and as a part of its events and activities. Physical abuse does not include physical contact that is reasonably designed to coach, teach or demonstrate a wrestling skill. 
3. Emotional abuse or verbal abuse is also prohibited. This may include, but is not limited to: yelling, insulting, threatening, mocking, demeaning behavior or making abusive statements in regard to a person’s race, gender, religion, nationality/ethnicity, sex or age. Emotional abuse does not include controlled and disciplined verbal communication that is generally accepted in sports as a reasonable method of coaching or teaching the sport. 
4. To further protect USAW youth participants, as well as our coaches, officials and volunteers, we strongly advise that no adult person allow him/herself to be alone with a child or with any group of children in a private setting during or while they are participating in sponsored activities of USAW. In particular, in such circumstances, we recommend that coaches or other adult members of the organization: 
   • Do not drive alone with a child participant in the car 
   • Do not take a child alone to the locker room, bathrooms, or any other private room 
   • Provide one-on-one training or individual coaching with the assistance of another adult or athlete 
   • Have private conversations with youth participants within view of others instead of a private office 
   • Do not socialize individually with the participants outside of sponsored activities. 
5. When staying overnight with youth participants, children should be paired up with other children of the same gender and similar age group, with chaperones in separate but nearby rooms. 
6. USAW encourages parents to become as active as possible in sponsored activities, practices and other events. The more the parents are involved, the less likely it is for abusive situations to develop. 
7. USAW will timely respond to any and all allegations of abuse or harassment in matters that are within the purview and jurisdiction of USAW. USAW expects that allegations of abuse or harassment that are properly within the purview and jurisdiction of officials or persons at other levels or of other organizations will be timely responded to and dealt as appropriate. When necessary and appropriate, this information should be communicated to the appropriate authorities for investigation and should be reviewed by appropriate officials, with timely notification to the alleged offender of such allegations. 
8. Any person accused of sexual or physical abuse or harassment may be asked to resign voluntarily or may be suspended until the matter is investigated and resolved. Regardless of criminal or civil guilt in the alleged abuse, the continued presence of the person could be detrimental to the reputation of the organization and could be harmful to the participants. A person who is accused but later cleared of the charges, may apply to have a suspension lifted or, if applicable, to be reinstated within the organization. Reinstatement is not a right, and no assurance is made that the person will be reinstated to his/her former position. 
9. Any person who violates this Policy, who fails to appropriately report matters covered by this Policy, who makes a false report with respect to matters covered by this Policy or who threatens retaliation or reprisal against an individual for reporting a matter under this Policy will be subject to discipline or other action as may be within the purview and jurisdiction of USAW, including but not limited to suspension or termination of membership in USAW or of any other position in which the person serves in USAW. 

Harassment and abuse are defined in various sources such as state law, case law, sports organization and professional association codes of conduct and training manuals, corporate and business workplace documents and human rights commission materials. USAW has not adopted any specific definition of harassment or abuse, choosing instead to defer to such general sources and definitions for reference and application, depending on the circumstances. As further elaboration of examples given above, the following generally describe conduct that may be considered harassment or abuse: 

• Any improper or inappropriate comment, action or gesture directed toward a person or group that is related to race, ethnicity, national origin, religion, age, gender, sexual orientation, disability or other personal characteristic. 
• Creating an environment through behavior or course of conduct that is insulting, intimidating, humiliating, demeaning or offensive.    
• Harassment usually occurs when one person engages in abusive behavior or asserts unwarranted power or authority over another, whether intended or not, and may include, for example, name-calling, threats, belittling, unwelcome advances and requests for sexual favors (as well as undue pressure to perform or succeed). 
• Harassment includes child abuse. 
• Child abuse can include physical contact – or the threat of it – that intentionally causes bodily harm or injury to a child. This may include, for example, hitting, shaking, kicking, shoving, or forcing an athlete to wrestle when injured or mandating excessive exercise as a form of punishment. It may also include touching for the purpose of causing sexual arousal or gratification that involves a child, rape, incest, fondling, exhibitionism and sexual exploitation. It may also include chronic attacks on a child’s self-esteem, such as psychologically destructive behavior consisting of ridiculing, screaming, swearing, racist comments, threatening, stalking, hazing and isolating.    

3. Background Screening Policy

The MSWA hereby incorporates the policy of USA Wrestling, as amended, as its own. Disputes concerning discipline administered by the MSWA pursuant to this policy will be subject to the Grievance Procedures set forth in these By-Laws. 

   USA WRESTLING

SCREENING AND BACKGROUND CHECK PROGRAM

Background Information

USA Wrestling has mandatory background screening as an extension of USA Wrestling’s Safe Sport Policy for the purpose of determining eligibility for USA Wrestling member coaches, officials and state association national or regional team volunteer members, and anyone who is authorized to be in a position of authority over or has regular contact with athletes. Background screening has been implemented by USA Wrestling to promote a safe and supportive environment in which youth athletes can pursue their athletic goals. Please note that the screening is not intended to serve as a pre-employment background screening program, nor can screening guarantee that incidents of abuse will not occur.

Purposes of a Screening Policy

• Protect USA Wrestling participants from known offenders so that such known offenders do not have access to USA Wrestling members.
• Deter offenders that have not been caught from joining USA Wrestling programs because the program has a known background screen policy and Safe Sport Program targeted against abuse.
• Help create an environment where parents and athletes can feel safe engaging in the sport of wrestling.

Program Guidelines

Approved background screenings are valid for two (2) membership seasons (current season plus the next membership season). Background screenings must be approved before one is able to become a member of USA Wrestling in the following categories: Wrestling Leader (coach/official), Media, Medical, Sponsor/Vendor and/or Event Volunteer. USA Wrestling reserves the right to require additional background screenings at any time.

The background screening performed on the members is based on the members’ name, date of birth, address history and social security number.

The program is designed to:

1. Protect the confidentiality of information and the privacy of USA Wrestling members.
2. Review members and prospective members screening on the criteria established by USA Wrestling.
3. Provide those prospective members who have been screened with an opportunity to challenge incorrect information found in the screening process before a result is forwarded to USA Wrestling.
4. Allow individuals in the case of a declined screening, based on USA Wrestling screening criteria and any action in those instances where the screening results produce disqualifiers to membership, to have these results provides to USA Wrestling.

The cost for the background screen required by USA Wrestling is presently $30. This fee will be paid by the that he/she/they goes online to initiate a background screen. All transactions will be completed through one of the more popular credit card security providers.

Screening Requirements

USA Wrestling shall require background screening of:

1. USA Wrestling staff, officials, coaches, board members, coordinators, local affiliated administrator/directors, trainers, independent contractors, volunteers, medical personnel, and other individuals authorized or nominated by USA Wrestling to work with athletes or other sport participants while at a USA Wrestling competition event to which the USA Wrestling sends athletes.
2. Assistants, or personal care assistants who are funded, have a contractual obligation with, or are credentialed by a USA Wrestling, or otherwise have regular contact with Responsible Sport Organization athletes. (Example: Personal Care Assistants that are credentialed by USA Wrestling on the field of play at competitions or have access to a USA Wrestling high performance training center.)
3. All athletes and alternates, training partners, and guides 18 years of age or older who are selected by USA Wrestling to participate in national or international team, or Delegation Events. Individuals referenced in this subsection shall have 45 days after reaching the age of majority (18 years of age), to come into compliance with this background check policy.
4. All athletes and alternates, training partners, and guides 18 years of age or older that are selected by USA Wrestling to train at any Olympic & Paralympic Training Center, USOPC High Performance Training Center, or USA Wrestling Training Site.
5. Other individuals who have regular contact with athletes as determined by USA Wrestling, in its discretion.

· Please note: USA Wrestling does not require background screenings of individuals under 18 years of age.

Timing of Screens

1. Full background checks will be completed prior to the commencement of a new role or competition for all applicable individuals.
2. At a minimum, full background checks will be conducted on all applicable individuals every two (2) years using at least the background check search criteria referenced below.
3. A supplemental, partial, background check will be conducted in the off-years using at least the background check search components

Background Screening Criteria

In accordance with the requirements set forth by the USOPC Responsible Sport Organization Background Screening Policy Any USA Wrestling background check that results in a report of a disposition or resolution of a criminal proceeding, other than an adjudication of not guilty, for any of the below criminal offenses will be subject to USA Wrestling’s policies and procedures to determine the individual’s level of access and involvement in USA Wrestling, if any:

1. Any felony (for purposes of this policy the term “felony” shall refer to any criminal offense punishable by imprisonment for more than one year).
2. Any misdemeanor involving:
   1. All sexual crimes, criminal offenses of a sexual nature to include but not limited to; rape, child molestation, sexual battery, lewd conduct, possession and distribution of child pornography, possession and distribution of obscene material, prostitution, indecent exposure, public indecency, and any sex offender registrant;
   2. Any drug related offenses;
   3. Harm to a minor and vulnerable person, including, but not limited to, offenses such as child abandonment, child endangerment/neglect/abuse, contributing to the delinquency of a minor, and DUI with a minor;
   4. Violence against a person (including crimes involving firearms and domestic violence);
   5. Stalking, harassment, blackmail, violation of a protection order and/or threats;
   6. Destruction of property, including arson, vandalism, and criminal mischief; and
   7. Animal abuse or neglect.

Appeal Process

If an applicant fails to meet the criteria set forth by USA Wrestling for approval, the applicant is able to request an appeal of the decision of disqualification to USA Wrestling’s Background Check Review Panel. This panel is comprised of volunteers from around the country and has no USA Wrestling employees on it and shall not know the identity of the individual who has requested the appeal. The decision rendered by the Background Check Review Panel on any appeal shall be final without further appeal.

Information on how one can appeal a failed background screening will be provided to the applicant by USA Wrestling’s background screening vendor.