ORGANISATIONAL AND CONTROL MODEL FOR SPORTING ACTIVITIES

This organisational and control model for sporting activities is established by the ASD/SSD (hereinafter, the Association), as provided for in Article 16(2) of Legislative Decree No. 39 of 28 February 2021 and using the guidelines published by the ASI esp recognised by CONI (Italian National Olympic Committee).

It applies to anyone who participates with any function or title in the activity of the ASD/SSD , regardless of the sporting discipline practised. It is valid for a period of four years from the date of approval and must be updated whenever necessary in order to incorporate any amendments and additions to the Fundamental Principles issued by CONI, any further provisions issued by the CONI National Council and the recommendations of the CONI Permanent Observatory for Safeguarding Policies.

The goal of this model is to promote an inclusive culture and environment that ensures the dignity and respect for the rights of all members, especially minors, and guarantees equality and fairness, as well as valuing diversity, while protecting the physical, psychological and moral integrity of all members.

This organisational and control model for sporting activities must be published on the homepage of the Association’s website, posted on the Association’s premises and communicated to the Federation’s Safeguarding Officer for the protection of members against abuse and discriminatory conduct, together with the appointment of the Abuse, Violence and Discrimination Officer.

This model supplements and does not replace the Rules for the Protection of Members against Abuse and Discriminatory Conduct of the Sports Federation to which the Association/Sports Club is affiliated.

1) Rights and duties

All members are granted basic rights:

• dignified and respectful treatment in every relationship, context and situation within the association;

• protection from all forms of abuse, harassment, gender-based violence and any other condition of discrimination, regardless of ethnicity, belief, disability, age, gender identity, sexual orientation, language, political opinion, religion, wealth, birth, physical, intellectual, relational or sporting status;

• to ensure that health and psycho-physical wellbeing take precedence over any sporting achievement.

All those who take part, in any capacity and in any function and/or role, in the sporting activity, whether directly or indirectly, are obliged to comply with all the provisions and prescriptions for the protection of the aforementioned rights of the members.

Coaches, managers, members and all other registered members are required to be familiar with this model, the Code of Conduct for the protection of minors and for the prevention of harassment, gender-based violence and any other discriminatory conditions, and the Rules for the protection of members from abuse and discriminatory conduct of the Italian Federation to which the Association/Sports Club adheres.

All members in any capacity are required to respect the fundamental principles of non-discrimination and non-violence in competitions, training, sharing common areas such as the changing rooms and, in general, in relations with athletes, members, managers, coaches and technical staff of their own and other Sports Associations/Societies.

2) Risk prevention and management

Relevant behaviours

For the purposes of this model, the following constitute relevant behaviours:

• psychological abuse: any undesirable act, including disrespect, verbal aggression, threats, confinement, overpowering, isolation or any other treatment that may affect the member’s sense of identity, dignity and self-esteem, or that is likely to intimidate, disturb or alter the member’s serenity, even if perpetrated through the use of digital means;

• physical abuse: any consummated, attempted or threatened conduct (including hitting, punching, beating, choking, slapping, kicking or throwing of objects), which is capable in an actual or potential sense of directly or indirectly causing damage to the health, trauma, physical injury or which damages the psychophysical integrity of the member. Such acts may also consist in inducing a member to perform (even for the purpose of better sports performance) an inappropriate physical activity or forcing sick, injured or otherwise aching athletes to train. This also includes conduct that encourages the consumption of alcohol or of substances that are in any case prohibited by the applicable rules, including anti-doping rules;

• sexual harassment: any unwanted and unwelcome act or behaviour of a sexual nature, whether verbal, non-verbal or physical, which causes annoyance or disturbance.

Such acts or conduct may also consist of making sexually explicit remarks or allusions, as well as unwanted or unwelcome requests with sexual connotations, or telephone calls, messages, letters or any other form of communication with a sexual content, even with an intimidating, degrading or humiliating effect;

• sexual abuse: any behaviour or conduct having sexual connotations, whether non-contact or contact, and considered unwanted, or whose consent is coerced, manipulated, not given or denied. It may also consist of coercing a member to engage in inappropriate or unwanted sexual conduct, or observing the member in inappropriate conditions and contexts;

• negligence: the failure to intervene on the part of a manager, technician or any member, even by reason of the duties deriving from his role, who, having become aware of one of the events, or conduct, or acts referred to in this model, omits to intervene causing damage, allowing damage to be caused or creating an imminent danger of damage. It may also consist in the persistent and systematic disregard, or neglect, of the physical and/or psychological needs of the member;

• neglect: a failure to meet basic physical, medical, educational and emotional needs;

• religious abuse: the hindering, conditioning or restricting of the right to freely profess one’s religious faith and to worship in private or in public, provided that it is not contrary to morality or public order;

• bullying, cyberbullying: any offensive and/or aggressive behaviour that an individual or several individuals may engage in, personally, through social networks or other communication tools, either in an isolated manner or repeatedly over time, against one or more members with the aim of exercising power or dominion over the member. They may also consist of repeated prevaricating and abusive conduct aimed at intimidating or upsetting a FIGC member that leads to a condition of discomfort, insecurity, fear, exclusion or isolation (including humiliation, criticism regarding the physical appearance, verbal threats, also in relation to the sports performance, dissemination of unfounded news or in any case concerning the personal sphere of the FIGC member, threats of physical repercussions or of damaging objects owned by the victim);

• discriminatory conduct; any conduct aimed at achieving a discriminatory effect

based on ethnicity, colour, physical characteristics, gender, socio-economic status, sporting performance and athletic ability, religion, belief, disability, age or sexual or political orientation.

Relevant conduct may occur in any form and manner, including in person and via computer, on the web and through messages, e-mails, social networks and blogs.

3) Responding to abuse, violence and discrimination

The Association appoints an Abuse, Violence and Discrimination Officer, with the aim of preventing and combating all kinds of abuse, violence and discrimination against members and to ensure the protection of the physical and moral integrity of sportsmen and sportswomen.

The Anti-Abuse, Violence and Discrimination Officer shall be a person who is as autonomous and independent as possible from the social offices and from relations with coaches and technicians, and shall be selected from among individuals who have experience in the field, communication skills and the ability to handle delicate situations. He/she will have to be appropriately trained and attend information seminars organised by the Federation/EPS to which the Association is affiliated.

If the person in charge cannot be identified in persons outside the association/membership structure, the position must be entrusted to a senior figure in the association/membership organisation chart.

Before appointment, a criminal record certificate must be obtained. In fact, a person who has been convicted of a criminal offence, even if not final, cannot be appointed as the person in charge.

The appointment of the person in charge must be made public immediately by posting a specific notice at the registered office in a place that is clearly visible to all members and users, as well as published on the homepage of the Association/Sports Association and promptly communicated to the Federal Head of Safeguarding Policies.

In any case, the Safeguarding Manager within the sports clubs/associations performs the function of supervising the adoption and updating of models and codes of conduct, as well as being the collector of any reports of conduct relevant to the Safeguarding policies, and can also perform supervisory functions.

The Safeguarding Officer is obliged to make the members of the association aware of Safeguarding issues and to cooperate with the competent authorities.

The Safeguarding Officer is obliged to define and publicise clear communication channels for members of the sports association to report cases of abuse or mistreatment and to establish procedures for recording and handling reports received.

The Safeguarding Officer guarantees the confidentiality and privacy of information concerning cases of abuse or mistreatment, as he/she is obliged to treat sensitive information confidentially and with respect for the privacy of the people involved.

The Board of Directors must suspend or remove the Safeguarding Officer in the event of non-compliance with the requirements or violation of the association’s policies on child protection or in the event of repeated failure to fulfil the obligations related to the assignment received.

3) Prevention policies

The following policies are adopted for the prevention of any kind of harassment, violence or discrimination in sporting activities:

Criminal record check and pending charges

Coaches, technicians, employees, doctors and all those who come into contact with athletes and registered members, especially if they are minors, must submit their criminal records and the certificate of pending charges (especially the anti-pedophilia certificate) to the person in charge referred to in the previous point within 30 days of the adoption of this model; if the documentation is not produced on time, there will be a written warning which, if not complied with within a further 15 days, will be followed by the immediate termination of any relationship with the offending party.

After the adoption of this model, for new collaborative relations for any reason whatsoever, coaches, technicians, employees, doctors and all those who come into contact with athletes and registered members, especially if minors, must submit the aforementioned certifications to the Head of the Association; non-submission of the certifications or the submission of unsuitable certifications shall prevent the commencement of any collaborative relations.

The foregoing also applies to any person to whom space within the sports facility of the Association/Sports Club is transferred for any reason whatsoever for periods of more than 30 days.

Use of Association spaces

At the facilities managed or used by the Association, all the necessary measures must be in place to prevent any kind of risk situation; in particular, separate changing rooms and toilets must be provided for technical staff and athletes, and separate spaces must be provided for the latter.

Access to the facilities and spaces managed or used by the Association must always be guaranteed during training and practice sessions for members and members under age to those exercising parental responsibility or to people entrusted with the care of the athletes or their proxies, without this interfering with the smooth running of the activities.

During training, practice or competition sessions, it is forbidden for coaches, managers, medical personnel (except in the case of health emergencies), and in general for anyone other than athletes to have access to the changing rooms and toilets reserved for them, with the exception of the derogation referred to in the following paragraph.

During training or practice sessions or competitions, access to the changing rooms is not permitted to outsiders or parents/carers, unless authorised by a coach or manager and, in any case, only for possible temporary assistance to members under 6 years of age or with motor or intellectual/relational disabilities.

In the event of necessity, without prejudice to the timely request for intervention by the medical emergency service if necessary, access to the infirmary is permitted to the company doctor or, in the event of a sports event, to the competition doctor or, in their absence, to a technician trained in first aid procedures exclusively for the procedures strictly necessary for first aid to the injured person. The door must remain open and at least one other person (athlete, technician, manager, assistant, etc.) must be present; in the case of under-age athletes, the presence of at least one person exercising parental authority or his appointee will also always be required.

Similarly, medical or physiotherapy examinations must also be carried out in the same manner.

Training

Coaches and staff are prohibited from conducting individual training sessions or training sessions outside the days and times set aside for collective training sessions. Where individual training is necessary for the athlete’s preparation, it must take place in the presence of at least two coaches and, in the case of underage athletes, in the presence of at least one of their parents or with their permission.

Transfers

In the case of journeys involving an overnight stay, athletes must be allocated rooms, bathrooms and changing rooms, divided according to gender, other than those in which the coaches, managers or other accompanying persons will be accommodated, unless the athlete and accompanying person are closely related.

If it is not possible to divide spaces between underage athletes, both parents or guardians must give express written authorisation to this effect.

During transfers of any kind, it is the duty of the accompanying persons to watch over the accompanied athletes, especially if they are minors, taking all necessary actions to guarantee their physical and moral integrity and to avoid any behaviour relevant to this model.

The presence of at least one person exercising parental authority or, alternatively, express written authorisation issued by both parents or their legal guardians will always be required for the participation of underage athletes in transfers.

It is compulsory for at least one other member of staff to accompany the coach/trainer during all the athletes’ journeys, including those to hotels and the playing field. In the case of athletes who are minors, there is also a requirement for express written authorisation from both parents or their legal guardians.

4) Privacy protection

All athletes (or those exercising parental authority), coaches, managers, employees and members of the Association at the time of registration/membership, and in any case whenever personal data is collected, must be presented with the information on the processing of personal data pursuant to Article 13 of the European Regulation679/2016 (GDPR).

The data collected shall be managed and processed in the manner described in the aforementioned Regulation and in any case only on the basis of the necessity for the performance of the contract to which the data subjects are party, the fulfilment of a legal obligation or on the basis of the consent provided.

In particular, special categories of personal data (such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as genetic data, biometric data intended to uniquely identify a natural person, data concerning a person’s health or sex life or sexual orientation) may only be processed with the free and explicit consent of the person concerned, given in writing, except in cases of compliance with legal and regulatory obligations.

The Association/Sporting Association, subject to specific written consent collected upon registration or membership, may publish on its communication channels photographs of its members produced during training and competition sessions, but the production and publication of images that may cause embarrassment or danger to members is not permitted.

The documentation, whether in paper or digital form, collected by the Association containing personal data of members, suppliers or any other subject, must be kept in safe custody, guaranteeing inaccessibility to people not authorised to process the data. In the event of loss, deletion, accidental disclosure, databreach, etc., prompt notice must be given to the person concerned and, at the same time, to the data controller. The Data Protection Authority must also be notified without delay if the personal data breach entails a risk for people’s rights and freedoms.

All people authorised to process personal data must be adequately trained and must implement all behaviour and procedures necessary to protect the personal data of the people concerned, especially those falling within special categories of personal data.

5) Inclusiveness

The Association/Company guarantees all its members and the members of other amateur sports associations and clubs equal rights and opportunities, regardless of ethnicity, personal convictions, disability, age, gender identity, sexual orientation, language, political opinion, religion, financial, birth, physical, intellectual, relational or sporting status.

The Association/Company undertakes, also by means of agreements, conventions and collaborations with other amateur sports associations or clubs, to guarantee the right to sport to athletes with physical or intellectual-relational disabilities, by integrating said athletes, also registered with other amateur sports associations or clubs, into the group of athletes registered with the Association/Company who are their peers.

The Association/Company undertakes to guarantee the right to sport also to athletes who are disadvantaged from an economic or family point of view, favouring the participation of said athletes in the association’s activities also through discounts on membership fees and/or through agreements, conventions and collaborations with third sector organisations operating in the territory and in neighbouring municipalities.

6) Countering harmful conduct and handling of reports

Reporting abusive behaviour

In the event of any alleged harmful behaviour by members or third parties towards other members, especially minors, it must be promptly reported to the Abuse, Violence and Discrimination Officer via voice communication or e-mail to the email address [……………]. The access keys to this email address will be in the exclusive possession of the Person Responsible.

The aforementioned email address must be brought to the attention of all members and therefore published on the association’s institutional website, on social channels, posted with a specific notice in a conspicuous place at the Association’s secretariat, indicated on the Association’s membership form, a copy of which is issued to the member.

In the case of a complaint involving a child as alleged victim, the child’s parents or legal guardian must be informed, provided that this is not considered a safety risk for that child.

In the event of the aforementioned detrimental conduct, a report must be sent to the Garante per la tutela dei tesserati dagli abusi e dalle condotte discriminatorie-Safeguarding Office at the dedicated email address.

In the event of serious offences, the Association must notify the police of the facts of which it has become aware.

The Association must ensure that appropriate measures are taken to prevent any form of secondary victimisation of members in good faith:

• filed a complaint or a report;

• expressed an intention to file a complaint or an alert;

• assisted or supported another member in filing a complaint or a report;

• gave testimony or a hearing in proceedings concerning abuse, violence or discrimination;

• undertaken any other action or initiative relating to or inherent in Safeguarding policies.

7) Disciplinary system and sanction mechanisms

By way of example and without limitation, punishable conduct may include the following:

• negligent non-implementation of the measures indicated in the Model and of the documentation that forms an integral part of it (e.g. Code of Conduct for the protection of minors and for the prevention of harassment, gender-based violence and any other condition of discrimination);

• intentional violation of the measures indicated in this model and of the documentation that forms an integral part of it (e.g. Code of Conduct for the protection of minors and for the prevention of harassment, gender-based violence and any other condition of discrimination), such as to undermine the relationship of trust between the perpetrator and the Association/Company insofar as it is unequivocally preordained to commit an offence;

• violation of the measures put in place to protect the reporter;

• intentional or grossly negligent making of reports that turn out to be unfounded;

• violazione degli obblighi di informazione nei confronti dell’Associazione/Società;

• violation of the provisions concerning information, training and dissemination to the addressees of this model;

• direct or indirect retaliatory or discriminatory acts against the whistleblower for reasons directly or indirectly linked to the report;

• non-application of this disciplinary system.

The sanctions that may be imposed are diversified according to the nature of the legal relationship between the offender and the Association/Company, as well as the importance and gravity of the breach committed and the role and responsibility of the offender. The sanctions that may be imposed shall be diversified, taking into account the degree of imprudence, inexperience, negligence, fault or intentionality of the conduct relating to the action/omission, also taking into account any recidivism, as well as the work activity carried out by the person concerned and the relevant functional position, the seriousness of the danger created, the extent of any damage created, the presence of aggravating or mitigating circumstances, any sharing of responsibility with other people who have contributed to the breach, together with all the other particular circumstances that may have characterised the event.

This system of sanctions shall be brought to the attention of all the Recipients of the Model by the means deemed most appropriate by the Association/Company.

Sanctions against paid employees

Behaviour on the part of paid employees in violation of the provisions of this model, including violation of the obligations to inform the Association, and of the documentation that forms an integral part of it (e.g. Code of Conduct for the Protection of Minors and for the Prevention of Harassment, Gender-Based Violence and Any Other Discrimination) are defined as disciplinary offences.

The following sanctions may be imposed on paid employees, which must be commensurate with the nature and seriousness of the violation committed:

• verbal warning for minor infringements;

• written reprimand in the event of repeated infringements of the offences referred to in point 1 above;

• fine not exceeding the amount of five hours’ pay;

• suspension from pay and service for a maximum of 15 days;

• termination of the contract and, in the case of a co-worker who is a member of the Association, disbarment.

For the purposes of the previous point:

1. Any employee who, through mere negligence, violates company procedures, the provisions of the Code of Conduct for the protection of minors and for the prevention of harassment, gender-based violence and any other condition of discrimination, or adopts, in the performance of sensitive activities, a conduct that does not comply with the provisions of this model, if the violation has no external relevance, shall be subject to the disciplinary measure of a verbal warning for minor offences;

2. Any employee who, during the two-year period, commits offences for which a verbal warning is applicable and/or violates, through mere negligence, company procedures, the provisions of the Code of Conduct for the protection of minors and for the prevention of harassment, gender violence and any other discriminatory condition, or adopts, when carrying out activities in areas at risk, a conduct that does not comply with the provisions of this model, if the violation has external relevance, shall be subject to the disciplinary measure of a written warning;

3. Any employee who, during the two-year period, commits offences for which a written warning is applicable and/or, because of his hierarchical or technical level of responsibility, or in the presence of aggravating circumstances, undermines the effectiveness of this model by conduct such as:

a) Failure to comply with the obligation to inform the person in charge against abuse, violence and discrimination; making false or unfounded reports of violations of the Model or of the Code of Conduct for the protection of minors for the prevention of harassment, gender-based violence and any other condition of discrimination, with gross negligence;

b) Violation of the measures adopted by the Association to ensure the protection of the identity of the reporter; repeated failure to comply with the requirements set out in this model, in the event they concern a proceeding or relationship to which the Public Administration (including the Sporting Authorities) is a party;

4. The disciplinary measure of suspension from pay and service for a maximum of 15 days shall be applied to any employee who, during the two-year period, commits offences for which a fine not exceeding 5 hours of normal pay is applicable and/or makes, with intentional misconduct, false or unsubstantiated reports concerning violations of the Model and of the Code of Conduct for the protection of minors and for the prevention of harassment, gender violence and any other condition of discrimination, false or unfounded reports concerning violations of the Model and of the Code of Conduct for the protection of minors and for the prevention of harassment, gender-based violence and any other condition of discrimination and/or violates the measures adopted by the Company to ensure the protection of the identity of the reporter so as to generate retaliatory attitudes or any other form of discrimination or penalisation against the reporter;

5. The disciplinary measure of termination of the contract without notice shall be applied to any employee who fraudulently circumvents the provisions of this model through conduct unequivocally aimed at committing one of the offences included among those envisaged and/or violates the internal control system through the removal, destruction or alteration of documentation or by preventing control or access to information and documentation by the competent bodies, including the Abuse, Violence and Discrimination Officer, in such a way as to prevent the transparency and verifiability thereof.

Sanctions against volunteers

The following sanctions may be imposed on the Association’s volunteers, which must be commensurate with the nature and seriousness of the breach committed:

• verbal warning for minor infringements;

• written reprimand in cases of recurrence of the infringements referred to in point 1 of the ‘Sanctions against paid employees’ section above;

• absence from training and competition facilities for a period not exceeding 15 days;

• absence from training and competition facilities for a period not exceeding 1 year;

• termination of the volunteer relationship and, in the case of a volunteer member of the association, disbarment.

For the purposes of the preceding point, please refer to point 3 of the section ‘Sanctions against paid employees’.

Sanctions against visitors in any capacity

What is contained in the two preceding paragraphs is applicable, where concretely applicable, to all frequenters of the sports facility.

It is understood that the said subjects will be subject to the sanctions of temporary suspension or permanent expulsion depending on the seriousness of the infringements committed, without the possibility of reimbursement of any fees paid for any reason.

8) Training, information and other measures

The Association is required to publish this model and the name of the Abuse, Violence and Discrimination Officer at its headquarters and the facilities it manages or uses, as well as on the home page of its institutional website.

When adopting this model and whenever it is modified, the Association must notify all its members, associates and volunteers by e-mail. The Association must inform the member or, where applicable, those exercising parental responsibility or those entrusted with the care of the athletes, of this model and of the name and contact details of the person in charge of protection against abuse, violence and discrimination.

The Association must immediately communicate any relevant information to the Head of Abuse, Violence and Discrimination, to the Guarantor for the protection of members against abuse and discriminatory conduct – Safeguarding Office of the competent sports federation, as well as to the Office of the Federal Public Prosecutor where competent. The Association must disseminate to its members appropriate information aimed at preventing and combating the phenomena of abuse, violence and discrimination as well as at making its members aware of their rights, obligations and protections.

The Association must provide appropriate measures for the dissemination of, or access to, information materials aimed at raising awareness of and preventing eating disorders in sportsmen and sportswomen.

The Association must provide adequate information to members or, where applicable, to those exercising parental responsibility or those entrusted with the care of athletes, with reference to the specific measures adopted to prevent and combat the phenomena of abuse, violence and discrimination at sports events.

The Association must inform its members or, where applicable, those exercising parental responsibility or those entrusted with the care of athletes of any other Safeguarding policy adopted by the sports federations to which it is affiliated.

Every six months, the Association/Sports Club prepares, also by means of conventions and agreements with EPS or Federations to which it is affiliated, specific training programmes aimed at familiarising its own members with the fundamental principles to be observed and the prevention policies adopted; participation in the training programmes by members or subjects that come into contact with the Association’s life is compulsory and must be proved by means of specific certificates.

Code of Conduct for the protection of minors and the prevention of harassment, gender-based violence and any other discriminatory conditions >>

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