WHISTLEBLOWER AND ANTI-RETALIATION POLICY

Purpose

USA Cycling intends this Whistleblower Policy (the “Policy”) to support a strong culture of integrity and ethical conduct at USA Cycling by encouraging, valuing, and protecting good faith reporting of any alleged violation of any applicable law or policy or any potential ethics issue. This Policy applies to athletes, directors, officers, employees, members, committee members, task force members, hearing panel members, and volunteers of USA Cycling (collectively “Affiliated Individuals”). This Policy applies to any good faith reporter or other reasonable parties (i.e., witnesses, victims).

The freedom to speak up means being able to raise concerns in whatever way is most comfortable and effective and feeling free to cooperate in investigations that follow. It also means that USA Cycling has zero tolerance for retaliation against people who speak up in good faith.

Violations Covered by this Policy

This Policy is for use where there may be a violation of any of the following Covered Policies:

• Any applicable State and Federal laws, rules, and regulations

• USA Cycling’s Bylaws, rules, regulations, policies, and procedures

• USOPC’s Bylaws and policies

• principles of ethics

• accounting or financial practices

• the Ted Stevens Olympic and Amateur Sports Act (“Act”)

Affiliated Individuals must report violations of USA Cycling’s Code of Conduct and Safe Sport Program.

Nothing in this Policy changes or replaces any mandatory reporting obligations under the US Center for SafeSport Code for the Olympic and Paralympic Movements (the “Center”).

Reporting

No Retaliation

USA Cycling has zero tolerance for retaliation against people who make good faith reports of potential ethical, policy, financial or legal violations or cooperate with investigations of those reports.

Retaliation is any adverse or discriminatory action, or the threat of an adverse or discriminatory action, against any person who, in good faith, reports misconduct or violations of Covered Policies. Furthermore, as defined in Section 220501(b)(11) of the Act, “retaliation” is any adverse or discriminatory action, or the threat of an adverse or discriminatory action, including removal from a training facility, reduced coaching or training, reduced meals or housing, and removal from competition carried out against any amateur athlete, coach, trainer, manager, administrator, or official associated with the USOPC or an NGB (“Protected Individual”) as a result of any communication, including the filing of a formal complaint, by the Protected Individual or a parent or legal guardian of the Protected Individual relating to the allegation of physical abuse, sexual harassment, or emotional abuse, with the United States Center for SafeSport; a coach, trainer, manager, administrator, or official associated with the USOPC; the United States Attorney General; a federal or state law enforcement authority; the Equal Opportunity Employment Commission; or Congress.

Neither USA Cycling nor any USA Cycling employee, contractor, agent, or volunteer shall take or threaten to take any action against an athlete as a reprisal for disclosing information to or seeking assistance from the Office of Athlete Ombuds as outlined in 36 USC to §220509(b)(5). Any such retaliation will be treated as a violation of this Policy and USA Cycling’s Code of Conduct and may lead to serious consequences, including termination of employment or participation for anyone involved in retaliation.

How to Report

Affiliated Individuals can report any concern about a potential ethical, policy, financial, or legal violation. USA Cycling has an open-door policy and encourages Affiliated Individuals to share questions, concerns, suggestions, or complaints in the way and to the people with whom they are most comfortable.

Affiliated Individuals may always report to a USA Cycling staff member or their supervisor (if applicable). Affiliated Individuals can also make a report to the Chief Administrative Officer & General Counsel (legal@usacycling.org) or the Ethics Committee (compliance@usacycling.org). Please remember that as a reporter, Affiliated Individuals do not need to (and should not) investigate the matter of concern or determine fault or how to fix it. The Affiliated Individual does their part by making it known so the right people can act.

Acting in Good Faith

Just as we need to ensure that no one in our community is fearful of speaking up, we also need to ensure that no one is fearful about false reports that might harm them. Anyone reporting a perceived ethical, policy, financial, or legal violation must act in good faith and have some basis for believing there may be a violation. Anyone who knowingly makes a false report or has no belief that the conduct violates this Policy or the USA Cycling Code of Conduct will be treated in the same way as someone retaliating against a good faith reporter. Such a violation may be reported under this Policy and may lead to serious consequences, including termination of employment or participation.

Investigation

The Chief Administrative Officer & General Counsel will ensure notification to the person who submitted a reported violation and acknowledge receipt of the report. The Chief Administrative Officer & General Counsel, their designee, or another disinterested third party will promptly investigate all reports. The Finance Committee will direct investigations of all reports concerning improprieties of USA Cycling’s accounting and financial practices. Reports concerning violations of other USA Cycling policies will be addressed following the procedures of the policy allegedly violated.

Confidentiality

Good faith reports may be submitted on a confidential basis. Except when confidentiality is waived or reporting information is required by law, the identity of a good faith reporting party will be kept confidential to the extent possible, consistent with the need to investigate and resolve the matter.

Follow Up

If you report an alleged violation of a Covered Policy, USA Cycling will report to you on progress and investigation results as appropriate. Confidentiality and legal obligations may affect the details available. If the investigation of a report made in good faith is unsatisfactory, you have the right to report that, too.

USA Cycling Resources

USA Cycling’s Chief Administrative Officer & General Counsel is responsible for this policy and its enforcement. Please refer all inquiries and questions to:

Shane Garman
Chief Administrative Officer & General Counsel
legal@usacycling.org.org

Additional Resources

Individuals who wish to report concerns related to this policy as it relates to involvement in the Olympic and Paralympic Movement, or are uncomfortable reporting a concern directly to their NGB, may also submit a report using the USOPC Integrity Portal. The Integrity Portal allows individuals to submit concerns to the USOPC confidentially and/or anonymously. Reports may be made online or by telephone.

Website: usopc.ethicspoint.com
Hotline: 877-404-9935

Team USA athletes may contact the Athlete Ombuds for independent and confidential advice on various sport-related matters, including their rights, applicable rules, policies, or processes, and questions about resolving disputes and grievances. The Athlete Ombuds can also help Team USA athletes connect with legal counsel or mental health resources if needed. All other USA Cycling athletes (i.e., athletes competing domestically at the masters or youth level, recreational athletes, and foreign athletes) are welcome to visit the Athlete Ombuds website to review informational resources and should work directly with USA Cycling to understand additional resources and options available to them.

Email: ombudsman@usathlete.org
Website: www.usathlete.org

Policy History