Swimming's code of conduct: A good start

Swimming World and Junior Swimmer, Nov 1998 by Whitten, Phillip

For decades, it has been clear that USA Swimming was in need of a wellreasoned code of conduct to guide swimmers, coaches, parents and officials in their relations with one another, and to sanction various kinds of inappropriate behavior.

Last month, the Code was enacted at the USAS convention in Cincinnati. In brief, the Code penalizes swimmers, coaches and officials who violate acceptable standards of behavior with regard to sexual relations in a swimming context; the use, sale or distribution of illegal drugs; alcohol; physical abuse; fraud, dishonesty or deception; obscene or threatening language or gestures; recruiting swimmers from other clubs; violating any FINA, IOC or USOC rule or regulation; or acting in a way deemed detrimental to the image or reputation of USAS or the sport of swimming. It provides a range of punishments and outlines procedures for hearing and adjudicating complaints.

The Code was sorely needed. Though swimming is relatively clean, there are problems. Abuses have occurred over the years, both here and abroad, and we have needed a set of rules and procedures whereby to deal with them.

There are, however, potential problems with the new Code:

One such problem is its flexibility, which ironically is also a strength. The Code sets forth a series of sanctions-ranging from censure and fines through expulsion for life-but does not relate these penalties to specific violations.

In places, the Code appears too harsh, while in others, it is too lenient. We believe, for example, that any adult convicted of a sex crime with a child, or of child abuse, should be banned from the sport for life.

On the other hand, proscribing any sexual relations between coach and swimmer without regard to age or circumstances is both draconian and unenforceable.

"Acting in a way detrimental to the reputation and image of swimming" is far too vague. Who decides? Reasonable people can-and willdisagree on what is harmful to the image of our sport.

Further punishing behavior that transgresses FINA, IOC and other rules opens the organization up to enforcing policies it believes are wrong. For instance, FINA recently announced it would begin out-of-competition testing for all substances previously tested only in competition. Dennis Pursley announced-correctly in our view-that USA Swimming opposes such testing.

Under the FINA policy, here's what could happen: an asthmatic taking a banned prescription drug while out of competition could be banned from competing; so, too, a medical student drinking coffee to study for an exam; likewise, a person taking a cold medicine containing a banned stimulant.

Under the Code, USAS is committed to punish such behavior after FINA has acted-which also raises issues of double jeopardy.

There are other problems as well.

All in all, however, the Code is an excellent start. It deserves our support...and our constant vigilance toward making it an even better, more just document.

Phil's e-mail: SwimPhil@AOL.com