One of the most immediate and impactful tools available to the U.S. Center for SafeSport is the ability to impose temporary measures during an investigation. These measures take effect immediately upon notice and can fundamentally alter a participant’s ability to engage in sport—sometimes before any finding of wrongdoing has been made.
What Temporary Measures Look Like
Temporary measures can include altered training schedules, required chaperones, contact limitations, prohibitions on one-on-one interactions, and suspensions from some or all aspects of sport activity. If monitoring or chaperoning is required, the respondent may be responsible for locating, arranging, and paying for those services as a condition of continued participation.
The Center evaluates three factors when imposing temporary measures: the seriousness of the allegations and circumstances; whether the respondent’s continued participation poses an ongoing or potential risk to others; and whether the allegations are sufficiently serious that continued participation could be detrimental to the best interests of sport. For allegations involving child sexual abuse, the age of the allegations is not considered relevant.
How to Challenge Temporary Measures
A respondent may request a Temporary Measures Hearing at any time after a measure is imposed by sending a written request to the Center. An arbitrator is appointed within 3 business days of payment, and the hearing takes place within 5 business days of appointment. The hearing is limited to oral argument—no witness testimony is permitted. Each side may submit a position statement of up to 10 pages plus exhibits.
The standard of review is whether sufficient information exists to satisfy the arbitrator that the measures are reasonably appropriate to mitigate risk. There is a rebuttable presumption that the allegations are true. The arbitrator can approve, reject, or modify the measures but cannot impose deadlines on the investigation or require a final decision by a certain date.
Reconsideration and Limits
After the initial hearing, there is no appeal. However, a respondent may request reconsideration once, no sooner than 120 calendar days after the hearing. The reconsideration is decided on written submissions only—no oral argument. The respondent bears the burden of showing good cause for modification.
Failure to comply with a temporary measure is an independent Code violation. And if the Center modifies its temporary measures based on new information, the respondent may request a new hearing on the modified measures.
Temporary measures can have devastating effects on an athlete’s career and a coach’s livelihood. If you are subject to a SafeSport temporary measure, prompt legal representation is essential. Contact The Chetson Firm to discuss your options.
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