Subscribe to our Newsletter

Sexual Misconduct Policy

POLICY AND PROCEDURE OF LONG ISAND BASEBALL UMPIRES ORGANIZATION REGARDING ALLEGATIONS OF SEXUAL MISCONDUCT


The ethical conduct of all persons who are assigned work through Long Island Baseball Referee Organization Inc. (DBA Long Island Baseball Umpires Organization or LIBUO) or volunteering for Long Island Baseball Referee Organization, Inc. is of vital importance, because through these representatives an understanding of health, fitness, and participation is conveyed. It is incumbent upon the business, if allegations of sexual misconduct arise, to respond to those involved with compassion and justice. To that end this policy has been adopted.

It is the policy of Long Island Baseball Referee Organization Inc. that all members, officers, management, instructors, employees and volunteers working in, with and for Long Island Baseball Referee Organization Inc. are to maintain the utmost integrity and professional relationships at all times. Sexual misconduct is a violation of the employment and professional relationship and is never permissible or acceptable.

PERSONS COVERED

A. Persons covered by this Policy are all persons employed by, independent contractors of, or seeking employment with Long Island Baseball Referee Organization Inc. and all volunteers of Long Island Baseball Referee Organization Inc. (while acting on its behalf), and other representatives of Long Island Baseball Referee Organization Inc.
B. This policy also covers those who are accused of sexual misconduct under the following two circumstances:
a. Where access to the Accuser/alleged Victim by the Accused is related to the Accused while performing some form of service to or appointment by any authorized official of Long Island Baseball Referee Organization Inc.
b. When, the behavior of the Accused, though not conducted in a business-related setting, raises questions for Long Island Baseball Referee Organization Inc. regarding the character and effectiveness of the Accused.


SEXUAL MISCONDUCT

Sexual Misconduct, as used in this Policy, includes:

A. Child Sexual Abuse, as defined in the Appendix

B. Sexual Harassment, as defined in the Appendix

C. Rape or sexual contact by force, threat, intimidation, or misuse of power in a trust relationship 2


D. Sexual conduct (including, but not limited to, sexual advances, requests for sexual favors, and other kinds of verbal or physical conduct of a sexual nature, such as obscene or suggestive language or behavior, use of company property, computers and other equipment for sexual or pornographic purposes, unacceptable visual contact, touching or fondling) that is unwelcome and/or repeated when the person engaged in the conduct knows or has been informed that the conduct is unwelcome or offensive to the recipient.

E. Sexual conduct within a membership role or professional relationship (e.g. counselor with a client), employee with an ownership/management member, officer or representative with business member (or other person who may be a customer, a teaching or ruling member, or manager), including sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature. This definition does not apply to relationships between spouses.

F. Sexual misconduct as used in the policy is intended to include any conduct which would come within the meaning of ?sexual abuse? , ?sexual harassment?, or ?Molestation? under local, state, or federal laws.

PRINCIPLES AND STANDARDS OF CONDUCT

A. Sexual misconduct is a misuse of authority and power that breaches public ethical principles by misusing a trust relation to gain advantage over another for personal pleasure in an abusive, exploitative, and unjust manner. Even if someone such as a client, employee or student initiates or invites sexual content in the relationship, it is always the responsibility of the officer, employer, volunteer, counselor, supervisor, teacher or employee to prohibit a sexual relationship.

B. Sexual misconduct is a violation of the company policy. Sexual misconduct is also a violation of the public standard of care and code of employee practices.

C. Sexual misconduct takes advantage of the vulnerability of children and persons who may lack the power to protect themselves from such misconduct. Sexual misconduct is antithetical to the performance of our business and the standards of society. Sexual misconduct violates the mandate to protect the vulnerable from harm.

D. For the above reasons, sexual misconduct is prohibited by Long Island Baseball Referee Organization Inc. and will never be condoned or tolerated.

SEXUAL MISCONDUCT RESPONSE PERSON

A. Purpose and Function A sexual misconduct response person is appointed by Long Island Baseball Referee Organization Inc. as the person to whom reports of allegations of sexual misconduct will be made, and whose function it is to receive and quickly and objectively respond to reports of sexual misconduct by persons covered by this policy. The response person?s first priority will be to seek to provide support for the Accuser/Victim as he/she decides how to resolve the situation, as well as to exhibit appropriate and professional concern for the protection of the rights of the alleged Accused. It is not intended that the response person will offer medical, psychological or legal advice, and the sexual misconduct response person is in no way to serve as, or as a substitute for, legal counsel for any person. The sexual misconduct response person will neither initiate disciplinary proceedings nor be available to testify in disciplinary proceedings arising from an accusation of sexual misconduct. B. Sexual Misconduct Response Person primary is Bill Ambrosini . If the primary sexual misconduct response person is not reasonably available at the time that an allegation of sexual misconduct arises, or if an allegation is raised against or involves the sexual misconduct response person him or herself, then the following persons, in order, are approved by Long Island Baseball referee organization Inc. as a person authorized to receive such allegations and serve as the sexual misconduct response person: 1. Rich Lionetti The sexual misconduct response persons shall be fully familiar with this policy and receive training in responding to allegations of sexual misconduct under this policy. Such training will include becoming familiar with the legal, administrative, county, state, and federal policies and procedures for dealing with allegations of sexual misconduct. 4 NEEDS OF THOSE INVOLVED A. Victims and Families The sexual misconduct response person shall endeavor to assure that adequate treatment and care are available to the Victims of alleged sexual misconduct, and their families. If the Victim or family at first refuses help, the sexual misconduct response person should remain available to continue to offer help. Above all, Long Island Baseball Referee Organization Inc. shall not act in a self-protective manner by ignoring the Victims and their families. The extent of the damage to the Victims of sexual misconduct will vary from person to person. The sexual misconduct response person is to assume in all cases that the Victim is experiencing pain, whether or not the allegations and accusations are deemed to be truthful. The following may be some of the needs of the Accuser/Victims: 1. To be heard and taken seriously. 2. To receive protection and care if the Victim, for whatever reason, is unable to care for him/herself. 3. To be informed about Long Island Baseball Referees Organization Inc. contact with authorities. RESPONSE PROCEDURES A. Response to Reports of Sexual Misconduct Any person with a complaint or report of sexual misconduct or a question involving this policy must contact the sexual misconduct response person at the address of this Long Island Baseball Referees Organization Inc. Reports of sexual misconduct will never be taken lightly or disregarded. Because information or rumors relating to such reports may affect the integrity and reputation of the Accuser, the Accused, the Victim, and Long Island Baseball Referees Organization Inc. reports of sexual misconduct should remain highly confidential both before and after they have been submitted to the appropriate authorities. 1. Notifying those with a Need to Know If an allegation is received by the sexual misconduct response person, that person will at a minimum ensure that the following Long Island Baseball Referees Organization Inc. related persons are aware of the allegation having been raised: Local Manager Regional Manager Local and State Authorities 5 Local Child Protective Services 2. Subsequent Response Once the sexual misconduct response person is made aware of a sexual misconduct complaint, an internal incident review will begin promptly. The sexual misconduct response person will contact the alleged Victim/Accuser and offer support on behalf of Long Island Baseball Referees Organization Inc. Because the role of the sexual misconduct response person is to support, educate, and listen compassionately, such person will treat all information as confidential except information that must be reported under law. The decision for future action rests with the alleged Victim/Accuser. The goal of the sexual misconduct response person familiar with Long Island Baseball Referee Organization Inc.?s Policy and Procedures on Sexual Misconduct will be to provide accurate information, so that the alleged Victim/Accuser can make an educated decision. 3. Written Records Because of possible future proceedings, the Victim may want to sign and date the description and attach any supporting documentation. The Victim/Accuser will maintain ownership and possession of this document. The Victim may wish to be in counseling during this process, in order to receive additional emotional support. 4. Reporting Child Sexual Abuse or Rape The sexual misconduct response person must be familiar with local and state law regarding the reporting of Child Sexual Abuse. If the sexual misconduct response person suspects that Child Sexual Abuse has occurred, immediate compliance with state laws regarding incidents of actual or suspected Child abuse and the reporting of such incidents. The sexual misconduct response person will advise the Victim/Accuser to seek legal advice with regard to bringing criminal charges and will report the abuse to the authorities. 5. Compliance with Secular Authorities Long Island Baseball Referees Organization shall cooperate with Authorities in their investigations of Child Sexual Abuse or other criminal misconduct. Long Island Baseball Referees organizations proceedings shall not interfere with a criminal investigation by civil authorities. Long Island Baseball Referees Organization Inc. business may have to be suspended until investigations are completed. 6 RISK MANAGEMENT A. Implementation Long Island Baseball Referees Organization Inc. will take appropriate steps to inform its members, employees, staff and volunteers of the standards of conduct and the procedures for effective response to be carried out if a report of sexual misconduct is received. Employees of Long Island Baseball Referees Organization Inc. must be aware of how state law regarding contact with children, minors, and the general public consider inappropriate behavior. B. Liability and Insurance Long Island Baseball Referees Organization Inc. may potentially be liable for damages for harm caused by sexual misconduct of an independent contractor, employee, staff member, volunteer or other persons acting on its behalf.Long Island Baseball Referees Organization Inc. has obtained liability insurance covering sexual abuse and that it regularly informs the liability insurer of the activities and programs it operates and sponsors, particularly programs whose staff may be considered to be in high-risk occupations. Additions or deletions of such activities or programs should promptly be brought to the attention of their liability insurers. C. Volunteers acting on behalf of Long Island Baseball Referees Organization Inc. are subject to this policy. An appropriate screening procedure shall be established by Town of Brookhaven before permitting the volunteer to work in loco parentis with children, including requiring criminal background checks before such persons are assigned to work with children. D. Resources The sexual misconduct response person will become generally familiar with resources, counselors, advisors, medical and legal persons, and other resources available in the greater area of Long Island Baseball Referees Organization Inc. to serve and support victims of alleged sexual misconduct, so as to be able to provide references to such resources if and as needed. 7 EMPLOYMENT PRACTICES A. Record Keeping of Long Island Baseball Referees Organization Inc. shall maintain personnel files containing documents related to this policy for every independent contractor, employee, volunteer, and manager. B. Pre-screening Applicants Pre-employment or Pre-Approval as an independent contractor screening shall include specific questions related to discovering previous formal charges of sexual misconduct. An applicant shall be informed of any reports of sexual misconduct and shall be given an opportunity to submit additional references or to give other evidence to correct or to respond to harmful information obtained from a reference prior to a final decision being made on the applicant. Sexual predator registrations will be searched for applicants and NO applicant with a sexual predator history will be considered for employment or use as an independent contractor. Regarding Associations with Children Staff, volunteers, instructors, independent contractors and others regularly assigned to officiate games with children and youth ofLong Island Baseball Referees Organization Inc. shall have submitted to relevant state background checks and clearances before being associated with children and youth. The reports of such clearances shall be maintained by Long Island Baseball Referees Organization Inc. for as long as the adult works with the children and youth and for six (6) years thereafter. APPENDIX I?DEFINITIONS Accused is the person against whom a claim of sexual misconduct is made. Accuser is the person claiming knowledge of sexual misconduct by a person covered by this policy. The Accuser may or may not be the Victim of alleged sexual misconduct. A person such as a family member, friend, or colleague of the Victim may be the Accuser whose information initiates an inquiry. Child is a person under eighteen years of age. Child Sexual Abuse includes, but is not limited to, any contact or interaction between a Child and an adult when the Child is being used for the sexual stimulation of the adult or of a third person. The behavior may or may not involve touching. Sexual behavior between a Child and an adult is always considered forced whether or not consented to by the Child. Employee is the comprehensive term used to cover individuals who are hired or called to work forLong Island Baseball Referees Organization Inc.for salary or wages. High Risk Occupation is that which calls for a person to work in close contact with those who are vulnerable and less capable of protecting themselves, such as children, elderly persons, those who are wholly or partially incapacitated, or clients who are having emotional or personal problems. Investigation is the term generally used by police, secular prosecutors, and Child protective services when responding to allegations of an offense. Response is the action taken by the Long Island Baseball Referees Organization Inc. when a report of sexual misconduct is received. It may include (1) inquiry into facts and circumstances, (2) possible disciplinary action (administrative or judicial or both), (3) professional intervention for Victims, their families, and others involved in employment settings, Local Authorities are the governmental bodies, whether city, county, state or federal, who are given the responsibility to investigate, criminally prosecute, and/or bring civil charges against individuals accused as sexual crimes or offenses. Local Law is the body of municipal, state and federal laws and is often referred to collectively as civil and criminal. Prohibited behavior addressed by this policy may result in criminal charges and/or civil lawsuits filed under Law. Sexual Harassment in this Policy Means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 1) submission to such conduct is made either explicitly or implicitly a term or a condition of an individual?s employment or volunteer service, 2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual, or 3) such conduct has the purpose or effect of unreasonably interfering with an individual?s work performance by creating an intimidating, hostile or offensive working environment Victim is the term used to identify the person alleged to have been injured by sexual misconduct. Volunteer is the term used for those who provide services forLong Island Baseball Referees Organization Inc. and receive no benefits or remuneration. Volunteers include persons elected or appointed to serve on boards, committees and other groups. For purposes of this policy, volunteers are treated the same as employees. Liabilities of the governing body or entity are the same for volunteers as for employees.
 

* indicates required fields