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What are penalties or consequences for
non-compliance? SAMPLE POLICIES FOR CONSIDERATION
he SSA has especially strict criminal and civil penalties
Tfor non-compliance, and will provide plaintiffs’ attorneys • Conducting background checks on any adults
authorized to work with minors
a new statute for pursuing claims against sporting and rec-
reational providers. In fact, the SSA amends existing federal • Restricting electronic communications with minors,
legislation called the Victims of Child Abuse Act, enacted in without copying a parent (connecting on Facebook,
1990. The federal Child Abuse Act did not result in sweeping texting, email, social media, etc.), except for
changes to youth athletics as initially intended. strictly organizational purposes (timing, practices,
As a result, the SSA expands both civil and criminal reminders, etc.)
penalties. For example, the SSA expands the statute of
limitations for violations to 10 years from the date the victim • Prohibiting adults from being alone with a minor
discovers the violation, and extends the ability of a youth to outside of a public setting, without parental permission
or understanding
file a civil action up to 10 years after they turn 18. This is an
unusually long statute of limitations—by comparison, most • Informing parents in pre-event or pre-lesson
negligence claims for traditional physical injuries are typically communications that their child may be touched
two to four years in most states. (picked up, medically examined, assisted onto the
The SSA also specifically authorizes victims to bring civil lift, etc.) by instructors, patrollers, coaches, or others
actions in federal court, and to obtain a minimum of liqui- during a ski lesson or competition or event
dated damages of $150,000 for non-compliance as well as
other damages (medical, pain and suffering). More impor- • Limiting one-on-one contact between a single
tantly, the SSA allows victims to also recover their attorney’s unrelated child and adult by use of a buddy system
fees and punitive damages. This alone will incentivize not where two adults are always present, absent
an emergency
only victims but also plaintiffs’ lawyers to drive lawsuits
against the large number of people and organizations at issue, • Requiring indemnification provisions in event
especially those with deep pockets. Check with your insurance contracts for event sponsors or groups for SSA
carrier to determine whether your liability policies provide non-compliance, additional insured status, higher
coverage for such claims. insurance coverage levels

Does the SSA require background checks? • Prohibiting—and enforcing—inappropriate comments
o. Background checks are not required by the SSA. of a sexual or suggestive nature, innuendo, or any
NHowever, because of their protective value as a risk discussion of sex life
management tool, particularly with claims for negligent • Prohibiting overnight sleepovers; allowing chaper-
hiring and negligent supervision claims with employees, ones for same gender only; grouping participants in
more businesses are using them. While they are not required rooms by same gender and age range
under the SSA, they are required by many state laws, partic-
ularly with child care centers and others who work directly • Discouraging coaches and other personnel from
with children. In fact, more and more businesses and orga- taking home/picking up minor athletes in order to
nizations are resorting to these as one tool—of many—of a prevent one-on-one contact
broader program for child abuse prevention (even Uber, Lyft, • Preventing isolation of minors with adults
and Angie’s List are touting their use of background checks
as part of their corporate cultures and outreach to consumers). • Preventing personnel from ever commenting on
In fact, expect more organizations to use or expand their allegations or suspicions
number of background checks in response to the SSA’s
broader efforts to improve the culture of abuse prevention • Re-assigning personnel to circumstances not
with youth athletics. USSA and other sporting organizations involving youth in case of violations of procedures or
suspicions of abuse
have been using background checks with coaches, race officials,
and TDs for years. • Prohibiting retaliation for reporting allegations or
But background checks are not a silver bullet. suspicions of such abuse
According to federal statistics, only 5 percent of sexual

36 | NSAA JOURNAL | FALL 2018