ARTICLE 304      [new]    CODE OF CONDUCT

305.1. The mission of USA Swimming is to encourage participation and the pursuit of excellence in all aspects of swimming. USA Swimming grants the privilege of membership to individuals and organizations committed to that mission. The privilege of membership may, therefore, be withdrawn or denied by USA Swimming at any time where USA Swimming determines that a member or prospective member's conduct is inconsistent with the mission of the organization or the best interest of the sport and those who participate in it.

In order to assist all members to better serve the interests of those who participate in swimming, USA Swimming has adopted this Code of Conduct.

305.2. Any member or prospective member of USA Swimming may be denied membership, censured, placed on probation, suspended for a definite or indefinite period of time with or without terms of probation, fined or expelled from USA Swimming if such member violates the provisions of the USA Swimming Code of Conduct, set forth in 305.3, or aids, abets or encourages another person to violate any of the provisions of the USS Code of Conduct.

305.3. The following shall be considered violations of the USA Swimming Code of Conduct:

.1 Violation of the right to compete provisions set forth in Sections 301.1 through 301.4.

.2 Violation of the anti-doping provisions set forth in Sections 304.4 or 304.5.

.3 Discrimination in violation of Part Five of the USA Swimming Corporate Code of Regulations or any other section of the USA Swimming Rules and Regulations, or in violation of Section 201(b)(6) of the Amateur Sports Act which requires that USS must provide: "an equal opportunity to amateur athletes; coaches, trainers, managers, administrators, and officials to participate in amateur athletic competition, without discrimination on the basis of race, color, religion, age, sex, or national origin";

.4 Conviction of, imposition of a deferred sentence for, or any plea of guilty or no contest at any time, past or present, or the existence of any pending charges, for (i) any felony, (ii) any offense involving use, possession, distribution or intent to distribute illegal drugs or substances, or (iii) any crime involving sexual misconduct;

.5 Any sexual contact or advance directed towards an athlete by a coach, official, trainer, or other person who, in the context of swimming, is in a position of authority over that athlete;

.6 The sale or distribution of illegal drugs or the illegal sale or distribution of any substance listed on FINA's recognized list of banned substances;

.7 The use of illegal drugs in the presence of an athlete, by a coach, official, trainer of, or a person who, in the context of swimming, is in a position of authority over, that athlete;

.8 The providing of alcohol to an athlete by a coach, official, trainer, manager or any other person where the athlete is under the legal age allowed to consume or purchase alcohol in the state where the alcohol is provided;

.9 The abuse of alcohol in the presence of an athlete under the age of 18, by a coach, official, trainer of, or a person who, in the context of swimming, is in a position of authority over, that athlete;

.10 Physical abuse of an athlete by any person who, in the context of swimming, is in a position of authority over that athlete;

.11 Any act of fraud, deception or dishonesty in connection with any USA Swimming-related activity.

.12 Any non-consensual physical contact, obscene language or gesture, or other threatening language or conduct directed towards any meet official and which is related to any decision made by such official in connection with a USA Swimming-sanctioned competition;

.13 Action, other than through general advertising, by a coach, owner, officer, volunteer, representative, or employee of a swim club, or a USA Swimming or LSC employee, either through direct contact with an athlete or the encouragement of others, to recruit or otherwise encourage an athlete who is already a member of a USA Swimming member swim club to compete for or become a member of the swim club with which the acting party is affiliated, unless the acting party receives prior written approval to recruit or encourage the athlete from the coach of the athlete's existing USA Swimming-member swim club or contact is initiated by the athlete, the athlete's parent or authorized representative;

.14 Violation of any team misconduct rule as established by the USOC, USA Swimming, any Zone or LSC team authority;

.15 Any other act, conduct or omission which is detrimental to the image or reputation of USA Swimming, a LSC or the sport of swimming.

305.4. A complaint alleging violations of 305.12, 305.13, 305.14 and/or 305.15 of the USA Swimming Code of Conduct involving only one or more members or prospective members of one LSC, and not brought by USA Swimming shall be filed directly with the LSC. The procedure to be taken and the rules to be followed for hearing shall be as set forth in the Bylaws of the LSC. Any appeal of the LSC's decision shall be made to the National Board of Review pursuant to Part Four of the USA Swimming Rules.*

305.5. With respect to those alleged violations of the USA Swimming Code of Conduct which do not fall under the parameters of Section 305.4, a complaint setting forth the allegations shall be filed with the USS President and Chairman of the National Board of Review, who shall promptly initiate a review of the matter as set forth below.

.1 In those matters occurring during the course of a national or regional event, the Vice- President of Program Operations, or his/her designee, shall make the investigation and report.

.2 In those matters occurring during the course of an international event, the Olympic International Operations Committee Coordinator, or his/her designee, shall make the investigation and report.

.3 In those matters involving an alleged violation of 305.3.11 by a coach, the investigation shall be conducted and report made by a committee of three coaches appointed by the President.

.4 In all other instances, the investigation and report shall be made by the Executive Director or his/her designee.

After the initial review is completed, the President may decide to either (i) cause further investigation into the alleged violations to be conducted; (ii) seek to mediate the complaint; (iii) take interim action as set forth in 305.6. Either the President or Chairman of the National Board of Review may then decide to assign the matter to the National Board of Review for hearing or jointly decide to dismiss the complaint.

(Note: * Conforming amendments will need to be made to 401.3 and 401.7.)

305.6. After the initial review, depending on the severity of the alleged misconduct, the President may suspend the member who is the subject of the complaint pending the outcome of the National Board of Review hearing. If an interim suspension is ordered, the National Board of Review shall conduct its hearing and publish its results within twenty-one (21) days, except as provided herein. The member who is the subject of the complaint and the complainant shall be notified of such action when the matter is referred to the National Board of Review. The review process shall then proceed as outlined in 401.6. Until such time as the National Board of Review makes a decision all proceedings shall be confidential and not subject to disclosure to anyone other than the parties to the review and witnesses.