Abuse of Process & Other Misconduct

It is a violation of the SafeSport Code and this Handbook for a Participant to commit misconduct related to Aiding and Abetting, Reporting, Abuse of Process, or Retaliation, when it relates to USA Hockey’s or the Center’s processes, and Willful Tolerance, all as described below and further defined in the SafeSport Code.

A. Aiding and Abetting. Aiding and Abetting occurs when one aids, assists, facilitates, promotes, or encourages the commission of conduct prohibited by the SafeSport Code or this Handbook, including without limitation, knowingly:

  1. Allowing any person who has been identified as suspended or otherwise ineligible by USA Hockey or the Center to be in any way associated with or employed by USA Hockey, an Affiliate or Member Program1;

  2. Allowing any person who has been identified as suspended or otherwise ineligible by USA Hockey or by the Center to coach or instruct Participants;

  3. Allowing any person who has been identified as suspended or otherwise ineligible by USA Hockey or by the Center to have ownership interest in a USA Hockey Member Program or its related entities;

  4. Providing any coaching-related advice or service to an athlete who has been identified as suspended or otherwise ineligible by USA Hockey or the Center;

  5. Allowing any person to violate the terms of their suspension or any other sanctions imposed by USA Hockey or its Affiliates or Member Programs or the Center.

In addition, a Participant also violates this Handbook and the SafeSport Code if someone acts on behalf of the Participant to engage in Aiding or Abetting, or if the guardian, family member, or advisor of a Participant, including Minor Athletes, engages in Aiding or Abetting.

B. Misconduct Related to Reporting.

  1. Failure to Report. An Adult Participant who fails to report actual or suspected Sexual Misconduct or Child Abuse to the Center and to law enforcement may be subject to disciplinary action under the Center’s resolution procedures and may also be subject to federal or state penalties.

  2. Intentionally Filing a False Allegation. In addition to constituting misconduct, filing a knowingly false allegation that a Participant violated the SafeSport Code or the policies in this Handbook may violate state criminal law and civil defamation laws. Any Participant making a knowingly false allegation shall be subject to disciplinary action.

C. Misconduct Related to USA Hockey’s and the Center’s Process. Abuse of Process and Retaliation, as defined below, constitute a violation of the SafeSport Code and this Handbook and may give rise to a sanction. In addition, a Participant also violates the SafeSport Code and this Handbook if someone acts on behalf of the Participant and engages in Abuse of Process or Retaliation, including a Participant’s advisor, or the guardian, or family member of a Minor Athlete. In such a case, the Participant and/or, if the party acting on behalf of the Participant is also a Participant, that person, may be sanctioned.

  1. Abuse of Process. A Participant, or someone acting on behalf of a Participant, violates the SafeSport Code or this Handbook by directly or indirectly abusing or interfering with USA Hockey’s or the Center’s processes by: (a) falsifying, distorting, or misrepresenting information, the resolution process, or an outcome; (b) destroying or concealing information; (c) attempting to discourage an individual’s proper participation in or use of, USA Hockey’s or the Center’s processes; (d) harassing or intimidating (verbally or physically) any person involved in USA Hockey’s or the Center’s processes before, during, and/or following proceedings (including up to, through, and after any review by an arbitrator); (e) publicly disclosing a Claimant’s identifying information; (f) failing to comply with a temporary measure or other sanction; (g) distributing or otherwise publicizing confidential materials created or produced during an investigation or arbitration, except as required by law or as expressly permitted by the Center; (h) influencing or attempting to influence another person to commit Abuse of Process or; (i) having another individual take any part of or complete any Center-required training for them.

  2. Retaliation. Retaliation against anyone for engaging in USA Hockey’s or the Center’s processes at any time, including before, during, or after an individual’s reporting or engagement in the processes, is prohibited, including taking, or threatening to take, an adverse action against any person for making a good faith report of a possible violation or for participating in any process under the SafeSport Code or this Handbook. Retaliation includes threatening, intimidating, harassing, coercing or any other conduct that would discourage a reasonable person from engaging or participating in USA Hockey’s or the Center’s processes when the action is reasonably related to the report or engagement with USA Hockey or the Center. Retaliation may be present even where there is a finding that no violation occurred. Retaliation does not include good-faith actions lawfully pursued in response to a report of a violation of this Handbook or the SafeSport Code.

D. Willful Tolerance. Willful Tolerance occurs when a Participant willfully tolerates any violation of the SafeSport Code or this Handbook when there is a power imbalance between that Participant and the individual(s) being subjected to the violation.

E. No Interference. USA Hockey and its Affiliates and Member Programs shall not interfere in, attempt to interfere in, or attempt to influence the outcome of, any Center investigation.