Published: September 18, 2000
1.1.1 General Rationale
Sexual harassment is a recognized social problem in North America. The development and implementation of policies regarding sexual harassment help to create organizational climates in which women and girls feel free to report such incidents. Setting policy on sexual harassment is also believed to decrease the likelihood of such offenses. The Women's Sports Foundation (hereafter "Foundation") acknowledges that sexual harassment occurs in athletics and seeks to prevent its occurrence through the development of this policy.
The Foundation encourage leaders of sports governing bodies, educational institutions and athletic programs to formulate, implement and evaluate a policy on sexual harassment and sexual relationships between coaches and athletes. This policy is intended to serve, in part, as a model for sport leaders to adopt and/or adapt in order to meet the needs of their respective organizations. Finally, though the ostensible focus of this policy is on coach/athlete relationships, its guidelines and implications include, but are not limited to, other professionals who work with athletes such as athletic trainers, sports psychologists, officials and sports information personnel.
1.1.2 Definitions of Sexual Harassment and Romantic and/or Sexual Relationship
The Foundation recognizes that sexual harassment is a violation of law and that it impairs girls' and women's access to educational resources. Romantic and/or sexual relationships between coaches and athletes are regarded as an abuse of professional status and power.
1.1.2.1 Under Title VII of the Civil Rights Act and Title IX of the Education Amendments Act of 1972, sexual harassment is illegal sex discrimination.
Consistent with the Guidelines of the Equal Employment Opportunity Commission, the federal agency charged with the enforcement of Title VII, the Foundation defines sexual harassment in the context of athletics and fitness as follows:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
(a) Submission to such conduct or communication is made either explicitly or implicitly a term or condition of an individual's (employment or) status in a course, program, or activity;
(b) Submission to or rejection of that conduct by an individual is used as a factor in decisions affecting that individual; or
(c) Such sexual conduct has the purpose or effect of unreasonably interfering with an individual's (work) educational or athletic performance, or of creating an intimidating, hostile, or offensive environment for (working) learning or the development of athletic skills.
1.1.2.2 Romantic and/or sexual relationships between coaches and athletes compromise the professional integrity of the coach and educational mission of athletics.
Coaches exercise power over athletes, whether in giving them praise or criticism, evaluating them, making recommendations that further their athletic goals, or conferring any other benefits on them. Romantic and/or sexual relationships between coaches and athletes are wrong when the coach has professional responsibility for the athlete. Such situations greatly increase the opportunities for a coach to abuse his or her power and sexually exploit the athlete. Voluntary consent by the athlete in such a relationship is suspect, given the fundamentally unequal nature of the relationship. Moreover, other athletes and coaches may be affected by such unprofessional behavior because it places the coach in a position to favor or advance one athlete's interest at the expense of others and implicitly makes obtaining benefits contingent on romantic and/or sexual favors.
1.1.3 Position on Sexual Harassment and Sexual Relationships between Coaches and Athletes
1.1.3.1 Sexual harassment and sexual relationships between coaches and athletes subvert the mission of the athletics organization to provide leadership and resources for the purpose of improving the physical, mental and emotional well-being of all females through sport and fitness participation.
1.1.3.2 Sexual harassment has debilitating consequences both for its victims and for the society as a whole.
In the context of athletic programs it lowers the self-esteem and limits the ability of women and girls to develop their full potential in sports and fitness activities. It impairs the future capacity of its victims to experience full athletic participation and to pursue employment and leadership roles in athletics. This, in turn, deprives the society as a whole of the contributions of these women and damages a genuine appreciation of women's athletic achievements and contributions.
1.1.3.3 Romantic and/or sexual relationships between coaches and athletes undermine the professionalism of coaches, taint the atmosphere of mutual trust and respect between coach and athlete, and hinder the fulfillment of the overall educational mission of athletics.
The Foundation views it as unethical if coaches engage in romantic and/or sexual relations with athletes under their supervision, even when both parties have apparently consented to the relationship.
1.1.3.4 The Foundation recognizes that sexual harassment occurs in sport as it does in other institutional contexts such as government, religious organizations, or the workplace.
In order to effectively deal with cases of sexual harassment in athletics, as well as to prevent future abuse of women athletes by coaches, the Foundation encourages officers of sports governance bodies, athletic directors and school administrators to formulate policy guidelines and procedures that include training, distribution of the policy and subsequent evaluation of its effectiveness.
1.1.4 Guidelines for Administrators Charged with Hiring and Supervising Coaches
Officials who are responsible for the administration and oversight of coaches and athletic programs should:
1.1.4.1 Formulate a written policy that details appropriate and inappropriate behavior.
The policy should clearly explain the sanctions for sexual harassment. Job descriptions for coaching staff and volunteers should address the issues of sexual abuse and sexual contact.
1.1.4.2 Develop and distribute clear rules that prohibit coach-athlete dating and/or sexual relationships.
These rules should specify the length of time that should pass after the cessation of a coach-athlete relationship before dating might occur. (The length of time specified should fit the age and/or social- psychological characteristics of athletes in the administrative setting; e.g., interscholastic athletes, college athletes, elite athletes, or professional athletes.)
1.1.4.3 Provide coaches with information, training and continuing education about how power, dependence, "love," and sexual attraction can influence coach/athlete relationships.
Upper-level administrators need to take responsibility for organizing educational and training sessions for coaches and staff.
1.1.4.4 Develop a complaint procedure for reporting sexual harassment.
Athletes should be given multiple opportunities to report cases of sexual harassment to neutral persons, that is, officials from outside the athletic department; e.g. guidance counselors, school psychologists, or school nurses might be identified as referral agents. Procedural guidelines should also recognize that, in addition to needing direction and assistance in order to process the complaint itself, victims may benefit from personal counseling.
1.1.4.5 Ensure that procedures for reporting sexual harassment protect the privacy of any athlete or coach involved as much as possible.
It is helpful to distinguish between informal and formal procedures for reporting sexual harassment. Informal procedures may involve initial discussion of alleged incidents with athletes, clarification of circumstances and perceptions, and counseling. Strict confidentiality should be maintained during informal reporting. Formal procedures incur the filing of an official complaint against the alleged perpetrator. Both athlete and coach need to be advised of their rights at this time and limitations on confidentiality must be explained.
1.1.4.6 Safeguard that procedures for determining whether sexual harassment has occurred protect the legal rights of coaches until litigation or administrative hearings have been completed.
1.1.4.7 An appeals procedure should be developed in the event that the accused harasser or alleged victim is dissatisfied with the outcome of a hearing. Coaches or athletes should not be expected to waive their right to pursue legal redress in a court of law. Administrators need to inform those involved about statutes of limitations.
1.1.4.8 Policy guidelines must protect coaches and athletes from retaliation during and after a hearing or appeals process.
1.1.4.9 Respond quickly to allegations of harassment. Take immediate action to ensure that the environment is free of sexual harassment. Ensure that an investigation proceeds in a timely manner.
1.1.4.10 Prepare a press statement that specifies your organization's sexual harassment policy. This statement should be posted in prominent places and distributed to new staff.
1.1.4.11 Screen all applicants for coaching staff and volunteer positions.
1.1.4.11.1 The policy on sexual harassment and consensual relations between coaches and athletes should be explained in all pre-employment interviews with all prospective staff or volunteers.
1.1.4.11.2 Screening should be thorough with careful checking of all character references.
1.1.4.11.3 In consultation with an attorney, procedures should be developed to process complaints or allegations from previous positions. All records should be kept on file.
1.1.5 Guidelines for Coaches
1.1.5.1 Coaches have the duty and responsibility to establish and maintain an educational and athletic environment free of sexual harassment.
1.1.5.2 Coaches have a duty and responsibility to take seriously all incidents or complaints of sexual harassment.
1.1.5.3 Coaches should pursue training and educational experiences that enhance coaches' understanding of issues surrounding sexual harassment and romantic coach/athlete relationships.
1.1.6 Guidelines for Athletes
1.1.6.1 An athlete should be encouraged to immediately report an incident she believes is a form of sexual harassment by a coach.
1.1.6.2 Athletes should inquire about their rights to confidentiality before reporting an incident of sexual harassment to a professional.
Athletes should be encouraged to discuss confidentiality throughout the entire reporting process. Statements of confidentiality can be made verbally by professionals, but athletes should understand that such agreements do not guarantee that such requests will be honored. Athletes should be advised that it is better to receive such assurances in the form of written policy statements or a written agreement. Administrators should distinguish between the athlete's rights to confidentiality during the informal and formal phases of a reporting process. (See section 1.1.4.5 above).