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SAFEGUARDING
ORGANIZATIONAL MODEL FOR THE PREVENTION OF ABUSE, VIOLENCE AND DISCRIMINATION
INDEX
Art. 1 Purpose
Art. 2 Recipients
Art. 3 Relevant behaviors and conduct
Art. 4 Principles and Behaviors to be maintained
Art. 5 Protection of minors
Art. 6 Person responsible for abuse, violence and discrimination
Art. 7 Preventive Measures and Risk Management
Art. 8 Countermeasures
Art. 9 Liability
Art. 10 Monitoring results
Art. 11 Publicity and dissemination of Safeguarding policies
Art. 12 Confidentiality and privacy
Art. 13 Retaliation
Art. 14 Final/Transitional Provisions
This Regulation has been drafted in accordance with the provisions of Legislative Decree no. 36/2021 and Legislative Decree no. 39/2021, as well as the provisions issued on the matter by the National Board of CONI, by ENDAS Nazionale, and the fundamental principles issued by the Permanent Observatory of CONI for Safeguarding Policies, in order to counter all forms of abuse, violence, and discrimination and to regulate the measures to ensure compliance, with particular regard to the protection of minors.
All Members, Managers, Employees, Collaborators, and all those who, for any reason, have relations with the Association are required to comply with the following regulations.
The following constitute relevant behaviors for the purposes of this Regulation: a) psychological abuse;
b) physical abuse;
c) sexual harassment;
d) sexual abuse;
e) negligence;
f) neglect;
g) abuse of a religious nature;
h) bullying, cyberbullying;
i) discriminatory behaviors.
For the purposes of this article, the following definitions apply:
• by “psychological abuse” any unwanted act, including lack of respect, confinement, overpowering, isolation or any other treatment that may negatively affect the sense of identity, dignity and self-esteem, or that may intimidate, disturb or alter the peace of mind of the member, even if perpetrated through the use of digital tools;
• by “physical abuse”, any conduct carried out or attempted (including beatings, punches, blows, suffocation, slaps, kicks or throwing objects), which is capable in a real or potential sense of causing, directly or indirectly, harm to health, trauma, physical injuries or damaging the psycho-physical development of the minor to the extent of compromising healthy and peaceful growth. Such acts may also consist of inducing a member to perform (for the purpose of better sports performance) inappropriate physical activity, such as administering training loads that are inadequate based on age, gender, structure and physical ability, or forcing sick, injured or otherwise suffering athletes to train, as well as the improper, excessive, illicit or arbitrary use of sports equipment. This also includes behaviors that encourage the consumption of alcohol, substances otherwise prohibited by current regulations, and doping practices;
• by “sexual harassment”, any unwanted and unwelcome act or behavior of a sexual nature, whether verbal, non-verbal or physical, that causes serious annoyance, discomfort or disturbance. Such acts or behaviors may also consist of adopting inappropriate body language, making sexually explicit remarks or innuendos, as well as unwanted or unwelcome requests of a sexual nature, or phone calls, messages, letters or any other form of communication with sexual content, even with an intimidating, degrading or humiliating effect;
• for “sexual abuse”, any behavior or conduct with sexual connotation, without contact, or with contact and considered unwanted, or where consent is coerced, manipulated, not given, or denied. It may also consist of forcing a Member to engage in inappropriate or unwanted sexual conduct, or observing the Member in inappropriate conditions and contexts
• for "negligence", the failure of a manager, technician, or any registered member to intervene, even in light of the duties deriving from their role, who, upon becoming aware of one of the events, behaviors, conduct, or acts referred to in this document, fails to intervene, causing damage, allowing damage to be caused, or creating an imminent danger of damage. It may also consist of persistent and systematic disregard, or neglect, of the physical and/or psychological needs of the registered member;
• by “neglect”, the failure to meet basic physical, medical, educational, and emotional needs;
• by “abuse of a religious nature”, the impediment, conditioning, or limitation of the right to freely profess one's own religious faith and to exercise worship in private or in public, provided that the rites are not contrary to public decency;
• for "bullying/cyberbullying", any offensive and/or aggressive behavior that a single individual or multiple subjects may carry out, personally, through social networks or other communication tools, either in isolation or repeatedly over time, to the detriment of one or more members with the aim of exercising power or dominance over the member. These may also consist of repeated acts of bullying and overpowering intended to intimidate or disturb a member, resulting in a condition of discomfort, insecurity, fear, exclusion, or isolation (including humiliations, criticisms regarding physical appearance, verbal threats, also in relation to sports performance, spreading unfounded news, threats of physical repercussions or damage to objects owned by the victim);
• by “discriminatory behaviors”, any behavior aimed at achieving a discriminatory effect based on ethnicity, color, physical characteristics, gender, socio-economic status, sports performance and athletic abilities, religion, personal beliefs, disability, age, or sexual orientation.
The relevant conduct may be carried out in any form and/or manner, including:
• in person
• through IT tools (social networks, web, e-mail, messages, etc).
The subjects referred to in art. 2 are required to comply with the following principles and behaviors:
- equality and protection of freedom, dignity, and the inviolability of the person;
- attention and commitment to guaranteeing equal conditions, without distinctions of age, ethnicity, social status, political opinion, religious belief, gender, sexual orientation, disability, and more;
- attention to any situations of distress, perceived or known even indirectly, with particular regard to minors;
- reporting of any circumstance of interest, to those exercising parental or guardianship responsibility or to those responsible for supervision;
- meeting with the Manager against abuse, violence and discrimination or directly with the ENDAS Safeguarding Officer, where there is suspicion that conduct relevant to this Regulation may be taking place;
- carrying out sports activities while respecting the physical, athletic, and emotional development of the Member, also taking into account their interests and needs;
- planning and management of the activity, including during trips, identifying organizational and logistical solutions aimed at preventing situations of discomfort and/or inappropriate behavior;
- authorization from those exercising parental responsibility in the case of minor Members, to be kept as required by law, in the event that individual training sessions are scheduled and/or at times when the facilities and spaces used for sports activities are not usually frequented and/or during trips;
- prevention, during training sessions and competitions, of all the behaviors and conduct described above through awareness and control actions;
- raising awareness among users of the space where the sporting activity is taking place, that compliments, comments, and evaluations that are not strictly related to the sporting performance and included among those indicated by these Regulations, may be detrimental to the dignity and decorum of the person;
- promote equal gender representation.
Individuals called upon to carry out activities directly with minors, regardless of the form and type of employment or collaboration relationship, are required to request a copy of the criminal record certificate.
With the aim of preventing and combating abuse, violence, and discrimination, in line with current regulations, a Person Responsible for Abuse, Violence, and Discrimination is appointed.
The Officer against abuse, violence and discrimination is also responsible for verifying situations of danger or ongoing abuse, in compliance with the competences of Sports Justice, as well as for prevention actions.
The Person Responsible for preventing abuse, violence, and discrimination is appointed by the Board of Directors, chosen from among Professionals, Managers, Athletes, or Members who have distinguished themselves for their professionalism, ethical principles, and who:
• Has not been convicted by a final judgment for non-negligent crimes to custodial sentences of more than one year, or to penalties involving disqualification from public office for more than one year;
• Has not received, in the last decade, definitive sports disqualifications or bans totaling more than one year, except in cases of rehabilitation by the National Sports Federations, Associated Sports Disciplines and Sports Promotion Bodies, CONI or recognized International Sports Organizations;
• Has not been sanctioned following the finding of a violation of the CONI Anti-Doping Sports Regulations or the provisions of the WADA World Anti-Doping Code;
• Must not have ongoing legal disputes against the Entity, CONI, or with the National Sports Federations or against other Organizations recognized by CONI itself.
The Officer against abuse, violence, and discrimination, in carrying out his duties, is particularly responsible for:
- monitor the adoption and updating of organizational and control models for sports activities, as well as codes of conduct, reporting violations of the aforementioned obligations and any relevant conduct to the ENDAS National Safeguarding Officer;
- take appropriate measures to prevent and combat all forms of abuse, violence, and discrimination;
- participate in the Permanent Table on Safeguarding policies, coordinated by the National ENDAS Safeguarding Officer.
- report, on a semi-annual basis, on Safeguarding policies to the Board of Directors;
- liaise for Safeguarding policies, for all necessary requirements, with the ENDAS National Safeguarding Officer, to whom they provide information and any requested documents;
- perform any other function that may be assigned by the Board of Directors;
The Officer against abuse, violence, and discrimination serves a four-year term and cannot be removed and/or replaced except for just cause.
The Person Responsible for preventing abuse, violence, and discrimination has the authority to make use of experts chosen in collaboration with the Legal Representative, whose skills are appropriate or necessary in relation to individual actions or proceedings.
For the purpose of preventing any kind of abuse, violence, and discrimination against members, especially minors, participation in the Permanent ENDAS Table coordinated by the ENDAS Safeguarding Officer and composed of the Person Responsible against abuse, violence, and discrimination is mandatory.
Prevention activities against unlawful acts and irregularities aim to remove obstacles to the well-being of the athlete and any form of discrimination, with ad-hoc projects, such as: scheduled training projects, awareness campaigns, and any other activities deemed necessary for this purpose, including those proposed by members via the dedicated email massimo.bernasconi@adventuringtool.com
The Manager against abuse, violence, and discrimination must ensure that within their organization there is an effective organizational model in place for the Association's activities, providing for whatever is necessary for the implementation of procedures (for example: procedure for access to training facilities where physical contact is expected, procedures for trips, travel, and sporting events, possible agreements with sports doctors and psychologists for the care of minors).
All individuals involved in the Association's activities in any capacity who become aware of relevant behaviors are required to promptly report them to the Officer against abuse, violence, and discrimination, by sending a communication. The latter must promptly inform the ENDAS National Safeguarding Officer in the manner provided by the Procedure for reporting offenses and irregularities.
Adventuringtool guarantees the confidentiality of the Whistleblower, except in cases where their responsibility for slander and/or defamation is evident and proven.
In the event of disciplinary proceedings following an established violation, the proceedings will be conducted in the manner and within the timeframes provided by the Justice Regulations and in compliance with current legislation.
Failure to comply with the obligations set out in this Regulation or making untruthful statements regarding the aforementioned obligations constitutes a violation of the duties of loyalty, honesty, and fairness, pursuant to the Justice Regulation.
In order to make this Regulation effective, based on the input from the semi-annual report prepared by the Manager against abuse, violence, and discrimination, the Board of Directors will assess whether the policies implemented are in line with the established objectives and will make any necessary corrections and/or additions proposed by the Manager.
The dissemination of the following Regulation is mandatory and must be carried out by all means (digital, posting, making available).
The lack of publicity of the Regulation and its related material constitutes an offense and must be reported to the ENDAS National Safeguarding Officer.
The Officer against abuse, violence, and discrimination is bound by the confidentiality obligations set out in the Safeguarding Regulation. The identity of the whistleblower cannot be disclosed to anyone other than those authorized to receive or follow up on the reports. Protection applies not only to the name of the whistleblower but also to all elements of the report from which the identification of the whistleblower and the individuals involved can be deduced, even indirectly. Documentation related to reports must be stored in compliance with GDPR 2016/679 and kept for the time necessary to process the report and in any case no longer than 5 years from the date of communication of the final outcome of the report.
Any behavior, act or omission, even if only attempted and/or threatened, with the intent to cause unjust harm to the reporting person, in relation to the report submitted, constitutes a violation of this Regulation and the Code of Conduct, and is punishable under the internal Regulations of ENDAS.
By August 31, 2024, the Organizational and Control Model for sports activities as well as the Code of Conduct, in compliance with the Guidelines prepared by ENDAS, must be adopted.
By July 1, 2024, the Officer against abuse, violence and discrimination referred to in art. 10 must be appointed. The appointment must, without delay, be communicated to the National ENDAS Safeguarding Officer.
The sanctions in case of non-fulfillment of the obligations under this Regulation will apply starting from January 1, 2025.
For anything not explicitly provided for, reference is made to the provisions of the Statute, current regulations, and all ENDAS Regulations, including the Code of Ethics and the Code of Conduct.
These Regulations, approved by the Board of Directors, come into force the day after their publication on the Association's website.
ORGANIZATIONAL_MODEL_COUNTERING_ABUSE_VIOLENCE_DISCRIMINATION-published.pdf
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