This policy applies to all USA Track & Field, Inc. (“USATF”) full time, part time, temporary, and unpaid employees (“employees”) as well as independent contractors, officers, directors, Board of Directors members, athletes, coaches, agents, committee members, members, task force members, hearing panel members, volunteers, and any good faith reporter or other reasonable parties (i.e. witnesses, victims, etc.).
USATF is committed to leadership in the sport of track & field in the United States and internationally, and because we operate in the public spotlight, we are expected to conduct our affairs consistent with this great trust that has been placed upon us. This requires that our behavior conform to the highest ethical, moral, and legal principles. In line with this commitment and USATF’s commitment to open communication, this policy aims to provide a highly encouraged medium for employees, independent contractors, officers, directors, Board members, athletes, coaches, agents, committee members, members, task force members, hearing panel members, volunteers, and any good faith reporter or other reasonable parties (i.e. witnesses, victims, etc.) to raise concerns, while simultaneously providing reassurance that they, and if applicable, the other protected individuals involved, will be protected from retaliation, harassment, or victimization for such whistleblowing. This Whistleblower Policy is intended to cover protections for you, and any other protected individuals potentially involved (i.e., witnesses, victims, etc.), if you raise concerns regarding USATF, such as possible violations regarding:
You or any other individual aware of a situation are required to report certain alleged violations, including, but not limited to, Code of Conduct and athlete safety violations.
Consistent with Section 220509(b)(5) of the Act, no employee, independent contractor, officer, director, Board member, athlete, coach, agent, committee member, member, task force member, hearing panel member, or volunteer of USATF shall take any harmful or retaliatory action, including interference with employment or personal livelihood, against any individual, such as a victim or witness, who reports in good faith to a law enforcement authority, an appropriate USATF representative, the U.S. Center for SafeSport, the USOPC, or any other relevant party information relating to the commission or possible commission of any offense. Such individual shall have the right to report alleged violations without fear of retaliation, harassment, and/or victimization by another party. Retaliation – Pursuant to Section 220501(b)(11) of the Act, USATF prohibits any adverse or discriminatory action, or the threat of an adverse or discriminatory action, including removal from a training facility, reduced coaching or training, reduced meals or housing, and removal from competition, carried out against a protected individual as a result of any communication, including the filing of a formal complaint, by the protected individual or a parent or legal guardian of the protected individual relating to the allegation of physical abuse, sexual harassment, or emotional abuse, with —
Further, no employee, contractor, agent, volunteer, or member of USATF shall take or threaten to take any action against any athlete as a reprisal for disclosing information to or seeking assistance from the Office of the Athlete Ombuds as outlined in Section 220509(b)(5) of the Act.
Harassment or Victimization - Harassment or victimization for reporting concerns under this policy will not be tolerated. Confidentiality - Every effort will be made to treat the complainant’s identity with appropriate regard for confidentiality to the fullest extent reasonably possible and/or required by law. Anonymous Allegations - This policy, when feasible, highly encourages employees, independent contractors, officers, directors, Board members, athletes, coaches, agents, committee members, members, task force members, hearing panel members, volunteers, and any good faith reporter or other reasonable parties (i.e. witnesses, victims, etc.) to attach their names to allegations because appropriate follow-up questions and further investigation may not be possible unless the source of the information is properly identified and verified. Concerns expressed anonymously will be explored appropriately, but consideration will be given to:
Bad Faith Allegations – Anyone filing a complaint concerning a violation or suspected violation must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation. Any allegations that prove not to be substantiated and that prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense. Such offense may result in discipline, up to and including, dismissal from the volunteer position, suspension, and/or termination of employment.
USATF seeks to have an “Open Door Policy” and highly encourages all employees, independent contractors, officers, directors, board members, athletes, coaches, agents, committee members, members, task force members, hearing panel members, volunteers, and any good faith reporter or other reasonable parties (i.e. witnesses, victims, etc.) to share their questions, concerns, suggestions, or complaints regarding USATF and its operations with an appropriate designated individual, who can address them properly.
Reporting – The whistleblowing procedure is intended to be used for serious and sensitive issues. Such concerns about an officer (board member) or director (board member) may be reported directly to USATF General Counsel and/or the Board Chair. Concerns regarding the Chief Executive Officer (CEO) may be reported directly to the Board Chair. Concerns about an employee, independent contractor, officer, director, board member, athlete, coach, agent, committee member, member, task force member, hearing panel member, or volunteer, including those relating to financial reporting or unethical or illegal conduct, may be reported to the Ethics Committee through USATF General Counsel or via text at (833) 9-USATF (987-2834) to an appropriately designated USATF individual. The CEO, USATF General Counsel, the Ethics Committee, or complainant’s immediate supervisor (provided the complainant is a USATF employee) are generally in the best position to address concerns regarding an employee or independent contractor. However, if the complainant is not comfortable speaking with the party they are directed to contact, as discussed above, the complainant is encouraged to speak with USATF General Counsel, the Board Chair, texting to (833) 9-USATF (987-2834), or to the USATF representative the complainant is most comfortable approaching. USATF will conduct a prompt, discreet, and objective review or investigation. The Audit Committee shall address all reported concerns or complaints regarding corporate accounting practices, internal controls, and/or auditing. USATF General Counsel shall immediately notify the Audit Committee of any such complaint and work with the Audit Committee until the matter is resolved. Timing – The earlier a concern is expressed, the easier and more effective it is to take action. Evidence – Although the complainant is not expected to prove the truth of an allegation, he or she should be able to demonstrate to the individual contacted that the report is being made in good faith.
The action taken by USATF in response to a report of concern under this policy will depend on the nature of the concern. USATF General Counsel will make the determination on alleged violations regarding which appropriate designated individual(s) shall evaluate the received information and if applicable, whether further investigation is required (i.e, complaints clearly made in bad faith, that have been administratively closed, that are frivolous, or clearly lack merit or the ability to be further substantiated may not require further investigation). The appropriate designated individual(s), who will be disinterested parties to the reported concern and designated based upon the applicable policy at issue, shall receive information on each report of concern, as well as follow-up information on any actions already undertaken. Such designated individuals shall ensure athlete involvement in all such investigations, where appropriate. If within USATF, the appropriate designated individual(s) or his/her designee will acknowledge receipt of the reported violation or suspected violation by written correspondence (which may include email) to the complainant within ten (10) business days of the complaint’s constructive receipt.
Pursuant to USATF Governance Handbook Regulation 21(C), USATF General Counsel shall designate to a National Athletics Board of Review (NABR) Panel reports regarding the following:
Initial Inquiries – Initial inquiries will be made to determine whether an investigation is appropriate, and the form that it should take. If applicable, some concerns may be resolved without the need for investigation. If an investigation is required, an appropriate designated individual(s) will be assigned to investigate the complaint, who shall be a disinterested party and will be selected based upon the nature of the specific complaint and the applicable policy at issue. Further Information – The amount of contact between the complainant and the individual(s) investigating the concern will depend on the nature of the issue, the clarity of information provided, and the overall availability of attributable information. Further information may be sought from or provided to the complainant reporting the concern. If applicable, a three member panel of disinterested, impartial, and unbiased members conducted by the National Athletic Board of Review (NABR) will be held and consist of a chair, an at-large member, and an Actively Engaged Athlete member for adjudicating the complaint. Findings – If it is found that a violation has occurred, there will be proper disciplinary measures undertaken on a complaint-by-complaint basis, and those measures will be promptly communicated and enforced upon the perpetrator, pursuant to USATF’s policies and procedures and applicable law. If it is found that an employee has retaliated against a protected individual who has made a report in good faith or is otherwise involved in the whistleblowing process, then that employee will either be immediately terminated or suspended without pay, as required by the Act. Information – Subject to legal constraints, the complainant will receive information about the outcome of any investigations. For additional information, contact USATF General Counsel or the Ethics Committee.
USATF General Counsel USATF reserves the right to modify or amend this policy at any time as it may deem necessary. ADOPTED ON: January 1, 2012; MODIFIED ON: AUGUST 15, 2022