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Case Study: Liability Waivers and Sexual Abuse in Youth Serving Organizations

By Katherine Starr

Is Sexual Abuse in Youth-Serving Organizations Covered under a Liability Waiver?  This argument was presented by the defense in a recent case.    Let’s review and see if this is a plausible argument in youth-serving activities.

Understanding that it is close to impossible to participate in sports or any activity without being presented with a liability waiver.  Every sport has some risk of some sort and parents are responsible for knowing that risk and accepting responsibility for any inherent risks that might occur.  Does that mean, that one is also waiving their rights when it comes to sexual abuse, or any kind of abuse perpetrated on the individual participants in a youth-serving environment?

In reviewing a liability waiver, there are many variations that cover the same basic premise, the example used here is a waiver from Sadler Sports1 . Without going through the entire document, we will focus a few key elements in the waiver for this case study.

Starting with the beginning statement in the opening paragraph “participate in any way”.

In analyzing that statement, it doesn’t differentiate from one level of skill to another or one style from another.  A generic a statement stating one’s participation in any way.” Participate in this context is considered voluntary and without force.  

This statement at this point doesn’t cover sexual abuse or harm done to a minor.

The referenced waiver is comprised of four clauses; however, the focus will be on the first two clauses, starting with the first clause, which read as follows;

1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,

Focusing on the first part of the clause “risk of injury.”  Simply stated, sexual abuse cannot be defined as an injury it is a violent act perpetrated upon the victim.

The clause also references “personal discipline”. If someone has been previously disciplined for an act of sexual abuse with a minor and the appropriate authorities have been notified the employee presumably would no longer be involved in the program.  If a person was accused of abuse and continued employment and or involvement in the environment, it would then become a situation of negligence and an act of omission.   Thus, the waiver would not be a viable argument for such a defense. 

This leads to second clause in the waiver, which reads as follows;

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,

This section states a few key statements “both known and unknown” as well the “even arising from the negligence.”

Having just stated negligence in the first section, wouldn’t that contradict the second clause and therefore be a forcible argument for the case?

The main aspects of the clause “known or unknown” would not apply in this situation either as this is where the term “Non-Accidental Violence2” is applied to describe an act of sexual abuse or harassment in a youth serving environment.  Regardless of “known or unknown” acts perpetrated by the individual, is incumbent upon the organization to provide reasonable training to staff to prevent such acts of violence as well as follow all state and federal law requirements. 


In conclusion, sexual abuse cannot be defined as an injury it is a violent act perpetrated upon the victim.

A parent cannot waive their right or that of their child’s of being prey to sexual abuse or any other form of abuse in the sport setting (or any setting) known or unknown, despite the fact there is now wide spread knowledge to the prevalence of the issue.  This type of harm done to a minor (or any age athlete) would be categized as non-accidental violence.

Meaning that the harm wasn’t as a result of their inherent participation in the sport and was as a result of being groomed, targeted, coerced and manipulated with intent to harm.  The parent could not foresee the intent of the coach, leader, or person of authority over their child in any situation.  

There is also a reasonable expectation that the program had taken efforts to vet their staff, respond to previous concerns, follow the state and federal laws and take the necessary action upon any complaint to provide a safe environment prior to accepting participants into a youth-serving and/or power imbalanced athletic structure.  

In any case of sexual abuse, a parent (or participant) cannot waive their rights with a liability waiver for cases which involve acts of “non-accidental violence” or “non-accidental harm” to participants in the program regardless of age.

Terms and Definitions

Non-accidental violence—Any unwelcome sexual harassment and/or abuse, financial abuse, bullying and emotional abuse, hazing, neglect, physical abuse and child exploitation.

Negligence—Acts of omission regarding athlete safety. For example, depriving an athlete of food/or drink; insufficient rest and recovery; failure to provide a safe physical training environment; or developmental age-inappropriate or physique-inappropriate training methods.

Sexual abuse—Any conduct of a sexual nature, whether non-contact, contact or penetrative, where consent is coerced/manipulated or is not or cannot be given.

Sexual harassment—Any unwanted and unwelcome conduct of a sexual nature, whether verbal, non-verbal or physical.


  1. Sadler Insurance Sample Waiver - ( )
  2. International Olympic Committee consensus statement: harassment and abuse (non-accidental violence) in sport – by Margo Mountjoy, Katherine Starr et al.  ( )

I Was Sexually Abused As an Olympic Athlete Too. We Can End This Epidemic.

I knew when I was eight years old I was going to be an Olympian. I saw it; I felt it; I became it. As a young promising elite athlete I was naturally focused and could rise to almost any challenge in practice and competition.

But as those moments of triumph became louder, the little voice inside of me—the one that told me when something wasn’t right—gradually shut down and became silent.

At the age of 13, I found out that the silence was not only in me, but in everyone else. During an interview for a national newscast about making the national team for the first time, my coach was rubbing my thigh in a sexual way the entire time. The reporter ignored it and carried right on with the interview. I could feel my soul start to seep out of my body like a car being crushed for its parts. All this happened in plain sight and aired on national television.

 No one said a thing after the interview, and so I learned that it wasn’t safe to talk about what my coach was doing to me. I became a machine, an object; my value was contained entirely in my talent. That moment taught me that my passion for greatness would leave me exposed to unchecked dangers over the next near-decade, during which I was repeatedly sexually abused and harassed by my Olympic coach.

Sexual violence is prevalent across all industries. We have all been reminded of this in recent weeks, with heinous allegations of sexual abuse leveled against Hollywood producer Harvey Weinstein from the many brave actresses that have come forward. This ignited the hashtag #MeToo, and gave Olympic gold medalist McKayla Maroney a platform to feel safe enough to break her own painful silence about her abuse at the hands of doctor Larry Nassar.

 We have to ask: How did this sexual abuse go for so long, unchecked? All Maroney did was pursue the highest and best version of herself. By every measure she embodied what the Olympics are about: “Faster, Higher, Stronger.” But while Maroney lived up to those ideals, those who could have protected her did not.

I could easily blame the people who saw my national interview for not speaking up. And we can all condemn the many people in Olympic sports or in Hollywood who knew about rampant sexual abuse of young girls and said nothing. But the reality is that most of us look away from this behavior because we think we don’t have the power to stop it.

Only the gatekeepers in film, sports, and other fields have the knowledge and ability to put an end to sexual abuse. The problem is that many of them don’t see themselves as gatekeepers. They don’t want to ruffle feathers and take responsibility for what they know to be true. They live off of denial as a defense.

But pretending they didn’t know isn’t going to cut it anymore. Gatekeepers need to embrace their roles not just as managers or decision makers, but as protectors of the young girls they employ and from whom they profit. Their leadership roles are not just professional—they are moral. And if they refuse to take on this responsibility, they are complicit in the crimes they ignore.

It’s time to make sports, Hollywood, and all professional spheres safe for young girls to excel and freely express their passion. None of us are completely powerless. We can demand our leaders open their eyes to what is going on and take action against it. We need to. The talented, passionate girls of the future are counting on us.

Katherine Starr: Safe4Athletes' Founder Fighting To Keep Kids Safe From Sexual Abuse, Harassment, and Bullying

In recognition of April as National Youth Sports Safety Month, MomsTeam asked our friends in the medical, health, fitness, nutrition and athletic training communities to write blogs answering two questions: first, how or why did they get into their field, and second, how have they made a difference in the life of a youth athlete in the past year.

Today, as the month draws to a close, we hear from Katherine Starr, a former two-time Olympic swimmer and founder of Safe4Athletes, an advocacy and educational non-profit fighting to keep athletes safe from sexual abuse, harassment and bullying.

How did I get into my field?

The idea for Safe4Athletes came in 2011, during a time when I briefly had a job coaching swimming. I realized that my sport had changed very little over the decades, and was still doing little to protect young athletes from sexual abuse. As a victim of sexual abuse by my coach who has had to live for decades suffering from the tragic effects of such abuse, I wanted to do something that would change the sports environment to an "athletes first" focus, and create resources and an infrastructure that would provide a safe and positive environment for every athlete, free of abuse, bullying and harassment.

I reached out to my former Athletic Director at the University of Texas, Donna LoPiano, and asked her to help me found an organization to address the vulnerabilities of young athletes pursuing their dreams and goals, and to help other athletes who have experienced the same destructive abuse of power in the coach athlete relationship. Safe4Athletes' mission is to advocate for athletes that have been abused, bullied or harassed by their more powerful coach or teammate.

How have I made a difference in a young athlete's life in the past year?

In my role as an advocate for athletes involving coach-athlete sexual abuse, athlete-on-athlete sexual abuse, athlete cyber-bullying, athlete sexual hazing as well as many forms of athletic abuse in general, much of the work I do with Safe4Athletes tends to be less with the athletes than with parents of young athletes who have been abused, bullied or harassed.

On a daily basis, I guide parents through the process of getting the help and resources they need to address the egregious abuse their child has suffered.  Every concerned parent is looking for trust, empathy, compassion and understanding, as well as a solution to address their child's unique circumstances so they don't suffer any more pain.  While every athlete's story is painful, the knowledge and understanding that I have been able to impart to parents has been invaluable for both of us. It has been gratifying to see young athletes go from lifelessness and deep depression to thriving in life.  It is especially rewarding when a child-athlete is brave beyond their years in standing up to the power dynamic that is inherent in sports. To be able to witness this transformation first hand and play a small part in the process makes the challenges of running Safe4Athletes that much more meaningful.

Katherine Starr is a two-time Olympic swimmer for Great Britain (1984 and 1988). In 1986 she won two silver medals at the Commonwealth Gamesl, and was a 14-time All-American swimmer at the University of Texas, where she swam on three NCAA championship teams  for the Lady Longhorns.

Since she first began speaking out about abuse in sports, Katherine has earned a reputation for her expertise and eloquence on coach athlete sexual abuse, as witnessed by the increased traditional and social media attention Safe4Athletes has received, including features with NBC Sports Radio, the New York Times, NPR's "The Takeaway," CBS Sports Radio, Take Part Five (PIVOT Channel), Aljazeera America as well other nationally recognized media outlets in sports.

Katherine oversees Safe4Athletes and actively pressures National Governing Bodies to adopt stronger polices for all athletic clubs and programs. She champions legislation to implement stronger policy to give athletes rights at all levels of sports.

Through her work, Katherine educates lawyers/media/NGBs on the unique aspects of the power dynamic that exists in the coach athlete relationship. Katherine has also written several articles on the topic including "Breaking Down Sexual Abuse in Sports". She speaks openly about the failed representations in educational material on sexual abuse in sports and how those materials fall short in properly addressing the truth of the issue in competitive sports.

The Truth About Coach-Athlete Relationships

Since the Sandusky case we have jumped on the bandwagon in sports and addressed child sexual abuse in sports. We show videos of adolescent aged girls and boys being targeted and abused. Without a doubt, we react emotionally and with revulsion to something so horrific as the taking the innocence of a young child.

Yet, that isn’t the whole truth when discussing coach-athlete sexual abuse. If you look at the list of banned swim coaches on the USA Swimming website, there isn’t one coached banned for a sexual abuse who was accused of having a relationship with a swimmer under the age of 13.

We wouldn’t know that based on the education videos that we are forced to watch in order to be certified in some capacity in sports. These videos only depict young children being cultivated by acquaintance pedophiles.

Why aren’t we seeing videos of an 17-yr-old voicing how a close relationship with his or her coach went from athlete affection as a reward for their hard work on the practice field to molestation or, from the psyche and perspective of the artfully manipulated athlete, “a loving relationship.” This scenario just doesn’t pull at our heartstrings in the same way. Why aren’t we seeing a video of a 25-year-old, who we assume is a consenting adult, talking about such a relationship? We react with even less sympathy in this case, if any at all.

If we truly want to address sexual abuse and harassment in sports we need to call it what it is, an abuse of power between the coach and the athlete that occurs at all ages. We are misled if educational materials imply something else.

If we look at the minimum age requirements to compete in the Olympics by sport, one would find that age requirements correlate to the vulnerability of athlete sexual abuse. The lower end sports that begin to peak around 13/14 like gymnastics, swimming and taekwondo is also the age where the “coach-athlete relationship” begins and coaches start to get banned for their inappropriate relationships with their athletes.

When you look some of the old minimum-age sports like Team Handball, Cycling and Weightlifting that have age requirements of 17-or 18-years-old, we hear less about these cases, as it is presumed that there was consent with the coach at that point.

If you look at the website of listed organizations with a list of banned coaches, they are the ones with the younger age limits to compete at the international level.

What does this tell us? Answer: We are continuing to fail to understand the dynamic between the coach and the athlete as being one that is characterized first and foremost as an “abuse of power” regardless of the age of athlete.

Current and new laws only address this issue up to the age of 18, which tells me we are responding to that picture of the 8-year-old victim and not the 24-year-old athlete that we all presumed consented to their inappropriate relationship with their coach.

If we took the approach of addressing this issue across the age spectrum, we have a better chance of truly hearing and understand what the real problem is with regard to coach-athlete relationships. For too long, sport organizations have refused to deal with this issue. Now that litigation and bad press are forcing sport leaders to adopt policies and education programs, rather than confronting the issue in its entirety and identifying its “abuse of power” source, our heads are still “in the sand”. This issue is less about the child abuser still on the loose in our larger society. This issue is about a more artful sport-specific or education-specific version of abuse in which a position of power is key to taking advantage of less powerful and emotionally less mature athletes to advance a coach’s sexual appetite. In many ways, this form of abuse is more insidious because of the violation of trust in a revered position - be it coach, teacher or priest.

Not only do we all need to get our heads “out of the sand” but we must design educational materials and create new laws to truthfully express the nature of the problem.


Breaking Down Sexual Abuse in Sport

Since the Sandusky case we have all been made aware that sexual abuse of a young child by a coach is possible. Yet, more attention to the subject and types of sexual abuse in sports needs to be committed to addressing this topic and to developing an infrastructure that supports the needs of the athletes for a safe and positive environment in sports.

The world of sports is complex in regards to the coach-athlete relationship. Although a large proportion of U.S. children participate in youth sport, we do not give appropriate attention to analysis of the four differing types of sexual abuse in sports: pedophilia, sexual harassment, sexual abuse and athlete domestic violence.

Pedophilia may be defined as pre-puberty abuse and is not gender-specific. This type of abuse is committed by an adult who has a desire of sexual exploitation of a child. This type of abuse can happen in any setting. There is no data to support that the sports environment is more prone to this type of abuse compared to other types of settings, like school or after school programs. This is a wide spread problem in the culture.

The second type is sexual harassment. The workplace addressed this issue in the 70s by implementing Title VII (7). Many professions are required to take on-going sexual harassment training as part of the profession or part of the employment. The school system has also addressed this issue under Title IX. In both of these cases the standard of evidence is a preponderance, which is commonly referred to 50 percent and a feather, meaning that it is more likely to have happened than not. While sexual harassment has been addressed in the workplace it is wide spread in sports and is not covered under the other laws because the athlete is NOT considered an employee. Therefore regardless of age, the athlete does not have equal legal protection afforded to other environments. Athletes are required to endure harassment purely because the dynamic is not considered employer/employee.

The third type is coach/athlete sexual abuse; often a pubescent athlete engaged in a sexual act with a coach. This can be on-going or a one time act. In some cases, the business model of the sports environment perpetuates this issue making it difficult to change this culture. When the coach-athlete sexual abuse is on going it becomes more complex and can further develop into Athlete Domestic Violence (ADV).

Athlete Domestic Violence can be described as an athlete in a (perceived) “relationship” with a coach and can involve consenting age or not. The dynamics develops regardless of age. Professional standards maintain that a ‘romantic relationship’ is never appropriate as the coach always has a structural power advantage over a competing athlete.

The competing athlete has something at risk, for example, dreams of being an Olympian, a college scholarship, playing time or financial gain. There is a complex ‘hook’ keeping the athlete engaged in a relationship even when abusive and unhealthy. The athlete has to make decisions for the family, the team and the coach. When speaking up about the abuse, the athlete could be subject to retaliation from the team if there is a perceived threat of their dreams being compromised as a result of the coach removal; the parents that sacrificed everything to make sure that the child-athletes dreams are fulfilled or the coach that convinces the athlete that the only reason for her/his success is because of the “coach.”

The other reason that this may also be described as Athlete Domestic Violence is because of the presence of external pressure and the lack of sympathy that is also commonly found in a domestic violence relationship. When an athlete stays involved in the sport, the coach or the team, there is an assumption that the athletes could always have easily removed themselves and speak up. They are often blamed and it’s seen as ‘their fault’ if they knowingly continue to put themselves in harms way. These dynamics are complex and need to be treated as such. Resources need to be put in place so as not to further victimize the athlete via the coach, the team or the family.

The breakdown of sexual abuse by gender is 90 percent involving older male and younger female. The remaining 10 percent is split evenly amongst older male and younger male, older female-younger male, and older female-younger female across all types of sexual abuse in sports. 1

What is being asked of the athlete is to have emotional intelligence that actually requires a team of highly educated and trained adults to deal with the issue safely and effectively. Too often a young athlete is required to address this issue on her/his own without any resources to help.

It is Safe4Athletes mission to 1) find those resources to help the ADV victim, 2) change legislation so athletes have protection in place against sexual harassment, 3) stop the athlete sexual abuse that is further exploited and encouraged because of institutional business models, and 4) keep pedophiles out of sports environments entirely.

1. Kirby, S.L., Greaves, L. and Hankivsky, O (2000) The Dome of Silence: Sexual Harassment and Abuse in Sport, Fernwood, Halifax.