Safe Sport Code

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SAFE SPORT CODE

“TOWARDS A SAFE SPORTING ENVIRONMENT”


SAFE SPORT CODE

CONTENTS
1 INTERPRETATIONS ------------------------------------------------------------ 02

2 INTRODUCTION
2.1 Safe Sport ---------------------------------------------------------------- 03
2.2 Safe Sport Code ---------------------------------------------------------- 03
2.3 Objectives of Establishing the Safe Sport Code -------------------------- 04

3 APPLICATION OF THE CODE


3.1 Application Concept ------------------------------------------------------ 05
3.2 Values and Best Practices of Safe sport ---------------------------------- 06

4 SCOPE OF MISCONDUCT
4.1 Sexual Harassment ------------------------------------------------------- 07
4.2 Psychological Misconduct ----------------------------------------------- 07
4.3 Physical Misconduct ----------------------------------------------------- 08
4.4 Bullying ------------------------------------------------------------------ 08
4.5 Sexual Grooming --------------------------------------------------------- 08
4.6 Offences under Malaysian Law ------------------------------------------- 09

5 ROLES AND RESPONSIBILITIES


5.1 Roles and Responsibilities of Athletes ----------------------------------- 10
5.2 Roles and Responsibilities of Sports Bodies ------------------------------ 11
5.3 Roles and Responsibilities of Parents, Guardians and Caregivers -------- 12
5.4 Roles and Responsibilities of Organizations ------------------------------ 12
5.5 Roles and Responsibilities of Coaches and Technical Officials ----------- 13

6 REPORTING MANAGEMENT --------------------------------------------------- 13

7 REPORTING MECHANISM ----------------------------------------------------- 14


7.1 Channeling Report ------------------------------------------------------- 14

8 CONFIDENTIALITY ------------------------------------------------------------- 15

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SAFE SPORT CODE

1. INTERPRETATION
Listed below is a list of definitions and the explanation of terms as stated in this Safe Sport
Code, unless the context otherwise requires different interpretations:

“Sporting Activity” is defined as all activities related to any sport, including but not
limited to:

(a) the organization of competitions, seminars, clinics, or


courses for a sport;

(b) the sending of participants to sporting competitions or


events; and

(c) any other activity ancillary or related to a sport; 1

“Sports Body” is defined as an association, club, society or company which


acts as the governing or representative body of a sport in
Malaysia whether at district, State or national level, whether
or not such association, club, society or company is only an
affiliate of another association, club, society or company. 2

“Code” refers to the Safe sport Code issued by the Ministry of Youth
and Sports,

“Sports Community” is defined as any individual involved in any Sporting Activity as


defined in the Sports Development Act 1997 [Act 576].

“Organization” is described as all entities directly or indirectly involved


in Sporting Activity, including governmental body, non-
governmental organizations, companies, and others.

“Safe Sport Policy” refers to the Safe Sport Policy developed by a sports body for
implementation within its sports ecosystem in line with the
matters outlined under this Code.

“Misconduct” refers to the conduct specified in Article 4 of this Code.

1
The interpretation of sporting activity is as stated in Section 2 of the Sports Development Act 1997 [Act 576].
2
The interpretation of Sports Body is as stated in Section 2 of the Sports Development Act 1997 [Act 576]

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SAFE SPORT CODE

2. INTRODUCTION
The Safe Sport Code is a set of guidelines developed by the Ministry of Youth and Sports
(KBS) to provide guidance on creating a safe sport environment with clear guidelines
that defines the jurisdiction of all parties in addressing disruptions and abuse in sports.

2.1. SAFE SPORT

2.1.1 The sports industry and organizations, in general, can be exposed to various
forms of abuse, disruptions, and violence, including in education, sports, and
social settings. Malaysia, as a nation that upholds principles of equality and
fair play, places great emphasis on a safe sport ecosystem that is free from
all forms of abuse, disruptions, and violence.

2.1.2 Based on the International Olympic Committee Consensus Statement


(2016), Safe Sport has been defined as an “athletic environment that is
respectful, equitable and free from all forms of non-accidental violence to
athletes.”

2.1.3 This statement is also supported by the International Paralympic Committee


(IPC) through the recognition of the Safe Sport International Declaration.

2.2. SAFE SPORT CODE

2.2.1 This Code was developed by KBS as a reference document for the Sports
Community in Malaysia to encompass all aspects of safe sport. The
development of this Code took into account the views and suggestions from
stakeholders based on the laws applicable in Malaysia and international
guidelines.

2.2.2 This Code describes the forms of abuse, disruptions, violence, and safety
that may occur in the sports environment, including inappropriate acts,
whether of a sexual, psychological, or physical nature, and the roles and
responsibilities of all involved stakeholders.

2.2.3 The contents of this Code were conceived and collectively agreed upon
by stakeholders through consultation sessions and is tailored to suit the
sports landscape in Malaysia.

2.2.4 This Code may be amended as and when required.

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SAFE SPORT CODE

2.3. OBJECTIVES OF ESTABLISHING THE SAFE SPORT CODE

2.3.1 The purpose of establishing this Code is:

i. To serve as a reference point and with clear guidelines for all members
of the Sports Community regarding the scope of safe sport and the
clear and comprehensive responsibilities of the Sports Community.

ii. To protect the Sports Community from any form of abuse, disruptions,
and violence in sports that may affect mental and physical well-
being.

iii. To strengthen the aspect of integrity in the governance of Sports


Bodies and the overall sports ecosystem in Malaysia.

iv. To promote and ensure that positive values in safe sport are applied
and implemented in every Sporting activity at all levels.

v. To encourage and raise awareness among all members of the Sports


Community to create a safe sport environment.

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SAFE SPORT CODE

3. APPLICATION OF THE CODE


3.1. APPLICATION CONCEPT

3.1.1 The Code is applicable to any person(s) who participate in any Sporting
activity.

3.1.2 All Sports Bodies are responsible for safeguarding their respective sports
environments to ensure that it is free from abuse and harassment.

3.1.3 All Sports Bodies must acknowledge the Code and develop their respective
Safe Sport Policies to serve as guidance and reference for their members,
based on the following fundamental principles:

i. identify and appoint individuals responsible for managing report and


taking action against any misconduct;

ii. implement awareness and promotional activities regarding the


importance of compliance with this Code;

iii. conduct regular training and educational sessions to enhance


understanding of this Code;

iv. establish internal mechanisms for complaint resolution and


management;

v. provide support programs and assistance for the Code’s compliance;


and

vi. implement and execute a detailed, comprehensive monitoring, and


advocacy processes.

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SAFE SPORT CODE

3.2. VALUES AND BEST PRACTICES OF SAFE SPORT

3.2.1 By adopting the Code, all individuals agree to uphold the following principles
and values:

i. Respect: Showing respect to all parties by way good behaviour and


treating everyone with courtesy and reverence.

ii. Fair Play: Playing by the rules, being honest, and refraining from any
form of deception.

iii. Safety: Prioritizing the physical and emotional well-being of all


individuals involved.

iv. Inclusiveness: Creating a friendly and inclusive environment for


everyone, regardless of their ethnicity, gender, religion, or abilities.

v. Responsible Behaviour: Executing and taking responsibility for


matters within one’s purview.

vi. Teamwork: Collaborating towards common goals, supporting and


encouraging each other.

vii. Support: Fostering a supportive environment, encouraging and


assisting others in achieving positive goals..

viii. Empathy: Understanding and caring about the feelings and well-
being of others.

ix. Transparency: Being straightforward, open, honest, and maintaining


integrity.

x. Continual Improvement: Constantly reviewing and updating policies


to ensure their relevance and effectiveness in promoting safe sport.

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SAFE SPORT CODE

4. SCOPE OF MISCONDUCT
4.1. SEXUAL HARASSMENT

4.1.1 Sexual harassment is defined as any unwanted conduct of a sexual nature,


in any form, whether verbal, non-verbal, visual, gestural or physical, directed
at a person which is reasonably offensive or humiliating or is a threat to his
well-being. 3

4.2. PSYCHOLOGICAL MISCONDUCT 4

4.2.1 It refers to the improper or inappropriate patterns of behavior, repeatedly,


towards an individual’s mental and psychological well-being, which include
but are not limited to the following:

i. physically or verbally aggressive, threatening, and intimidating


actions towards an individual.

ii. neglect - failing to provide attention or support, disregarding,


neglecting, refusing to allow, or failing to provide necessary treatment
for an individual’s mental health or medical needs. Neglect includes:—

a. encouraging or knowingly allowing an athlete who has suffered


a serious injury to return to training or competition prematurely
without the approval of a qualified medical professional (e.g., after
a severe injury).

b. deliberately encouraging or allowing an athlete to train without


adequate rest, risking their physical and mental well-being and/or
contradicting medical advice.

iii. Spurning - act of rejection, humiliation, disgracing, or ridicule towards


an individual, particularly in public places; and/or

iv. Stalking - described as any person(s) who repeatedly engages in any


harassing conduct, intending to cause, or knowing that the conduct
is likely to cause distress, fear, or harm to that person or their safety.
Stalking also includes “cyberstalking” using electronic media (e.g.,
the internet and social media networks).

3
Note: The interpretation of sexual harassment is as defined in Section 2 of the Anti-Sexual Harassment Act 2022 [Act 840].
4
Note: The interpretations of sections 4.2, 4.3, 4.4, and 4.5 are in accordance with the guidelines issued by the International
Olympic Committee (IOC).

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SAFE SPORT CODE

4.3. PHYSICAL MISCONDUCT

4.3.1 Physical misconduct refers to any behavior involving touch that causes or
reasonably threatens to cause physical harm to another individual, such as
contact violations like punching, hitting, biting, choking, or slapping others,
including the use of objects such as sports equipment.

4.4. BULLYING

4.4.1 Bullying is described as behavior that hurts, persecutes, or frightens


someone through physical, emotional, or sexual abuse, threats, or form of
intimidation.

4.5. SEXUAL GROOMING

4.5.1 Sexual grooming refers to the actions of establishing emotional trust and
relationships within an individual’s relationship to create an environment
in which the individual accepts an inappropriate form of relationship. It can
occur physically or virtually.

4.5.2 Grooming can occur in the following circumstances such as:—

i. using a person’s position, power, or reputation to target an individual.

ii. establishing a relationship with an individual to build trust and


friendship.

iii. initiating an illicit relationship gradually, going beyond the boundaries


of friendship through oral or physical communication, such as
sitting on one’s lap, sharing sexual material, or joking with sexually
suggestive words.

iii. memulakan hubungan yang tidak sesuai secara beransur-ansur


melebihi sempadan persahabatan melalui komunikasi secara lisan
atau fizikal seperti duduk di atas pangkuan, berkongsi bahan seksual,
atau berjenaka menggunakan kata-kata bersifat seksual.

4.6. SALAH LAKU DI BAWAH UNDANG-UNDANG MALAYSIA

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SAFE SPORT CODE

4.6. MISCONDUCT UNDER MALAYSIAN LAW

4.6.1 Any misconduct stipulated under the laws applicable in Malaysia includes
the following:

i. Penal Code [Act 574];

ii. Anti-Sexual Harassment Act 2022 [Act 840];

iii. Child Act 2001 [Act 611];

iv. Sexual Offences Against Children Act 2017 [Act 792];

v. Persons with Disabilities Act 2008 [Act 685];

vi. Employment Act 1955 [Act 265];

vii. Sports Development Act 1997 [Act 576];

viii. Communications and Multimedia Act 1998 [Act 588]; and

ix. Whistleblower Protection Act 2010 [Act 711].

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SAFE SPORT CODE

5. ROLES AND RESPONSIBILITIES


5.1. ROLES AND RESPONSIBILITIES OF ATHLETES

5.1.1 Athletes are responsible for performing the following:

i. understand the content of this Code and Safe Sport Policies issued
by the represented Sports Body, as well as comprehending the
applications and responsibilities outlined in the Code and policies.

ii. comply with the Code at all times during any Sporting activity. This
includes respecting teammates and opponents and refraining from
engaging in negative behavior.

iii. remain as a positive role model to everyone in the sports environment


by way of conduct that aligns with the principles of the Code.

iv. encourage and remind teammates, coaches, and other athletes to


comply with the Code.

v. participate in training and educational programs to raise awareness


about the Code and provide guidance on how to report violations of
the Code and seek assistance.

vi. encourage anyone aware of the Code’s violations to report them to


the relevant authorities.

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SAFE SPORT CODE

5.2. ROLES AND RESPONSIBILITIES OF SPORTS BODIES

5.2.1 Sports Bodies are responsible for implementing the following—

i. develop Safe Sport Policies that outline the necessary compliance


and the responsibilities of all athletes, coaches, officials, and other
stakeholders in their respective sports.

ii. promote Safe Sport Policies widely to ensure that all members of the
Sports Body are aware of the existence and implementation of the
policy.

iii. appoint at least one officer to manage matters related to safe sport.

iv. provide training and education programs to increase awareness


about safe sport.

v. manage and resolve report related to safe sport using internal


mechanisms.

vi. monitor the implementation of Safe Sport Policies.

vii. provide support such as counseling services and assistance to


Sports Body members who may be affected by abuse, disruptions, or
violence,

viii. collaborate, where applicable, with other Organizations, including


law enforcement agencies, government bodies, and related non-
governmental organizations.

ix. update the Safe Sport Policies to align with the Code in order to
remain relevant.

x. enforce Safe Sport Policies through methods stipulated by the


Sports Body, by way of including safe sport compliance clauses in
appointment contracts.

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SAFE SPORT CODE

5.3. ROLES AND RESPONSIBILITIES OF PARENTS, GUARDIANS, AND CAREGIVERS

5.3.1 Parents, guardians, and caregivers are responsible for performing the
following:

i. understand the content of the Code and Safe Sport Policies issued by
the Sports Body in which their child or individual under their care is
a member, and comprehend to the applications and responsibilities
outlined in the Code and policies.

ii. teach and demonstrating good examples to their child or the individual
under their care.

iii. encourage and remind their child or the individual under their care to
comply with the Code.

iv. participate in training and educational programs to raise awareness


about the Code and provide guidance on how to report violations of
the Code and seek assistance.

v. maintain regular communications with the Sports Body and being


aware of the development of their child or the individual under their
care.

vi. continuously monitor and being concerned about the well-being


and health of their child or the individual under their care by taking
appropriate action if any misconduct is suspected.

5.4. ROLES AND RESPONSIBILITIES OF ORGANIZATIONS

5.4.1 Organizations are responsible for implementing the following—

i. adapt the Code into their internal procedures or protocols.

ii. integrate the Code into any event or Sporting activity organization
and complying with other applicable regulations.

iii. provide training, education, and awareness about the Code to all staff.

iv. take proactive action in the event of any violation of the Code.

v. assist in conducting appropriate promotional activities to foster a


safe sport environment.

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SAFE SPORT CODE

5.5. ROLES AND RESPONSIBILITIES OF COACHES AND TECHNICAL OFFICIALS

5.5.1 Coaches are responsible for performing the following—

i. comply with the Code and any regulations set by the certifying
regulatory body.

ii. participate in training and education programs to raise awareness


about the Code’s implementation.

iii. being a good role model to anyone in the sports environment.

iv. monitoring and being concerned about the well-being and health
of athletes and taking appropriate action if there is a breach of the
Code.

v. ensure that the usage of banned substances for performance


enhancement (performance-enhancing drugs) does not occurs.

6. REPORTING MANAGEMENT
6.1. Organizations or Sports Bodies, upon receiving a complaint of any misconduct,
shall handle the complaint according to their respective internal procedures or
policies set by the international federation for that sport.

6.2. Organizations or Sports Bodies that do not have internal procedures for handling
report of misconduct may refer to the example of Safe Sport Policies issued by the
Sports Commissioner.

6.3. All report submitted to the authority or Organization as stated in Section 7 of the
Code must be resolved according to the procedures and protocols of the relevant
authority or organization.

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SAFE SPORT CODE

7. REPORTING MECHANISM
7.1. CHANNELING REPORT

7.1.1 Any individual who experiences or becomes aware of misconduct and any
violation of the Code may file a report through any of the following channels:

i. Sports Body

PSK
(Phone, email, and address of the sports body can be
referred to on the website of the Commissioner of
Sports Office at https://pps.kbs.gov.my)

ii. Royal Malaysia Police (RMP)


For the nearest police station or in case of emergencies,
you can contact the hotline at 999.

iii. Olympic Council of Malaysia


Phone: 03 2715 2810 /
Email: [email protected]

iv. Paralympic Council Malaysia


Phone: 03 9201 0350 / Email: [email protected]

v. Ministry of Women, Family and Community Development


a) Talian Kasih / 15999
b) Tribunal for Sexual Harassment (further information
will be updated)

vi. Ministry of Youth and Sports


Phone: 03-8871 3498 / Website: https://kbs.spab.gov.my
(Public Report Management System, KBS)

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SAFE SPORT CODE

7.1.2. Report submitted should include information about the misconduct and
the violation of the Code, along with relevant evidence and supporting
documents, if available.

7.1.3. Report involving physical misconduct and related criminal elements should
be reported to the police (PDRM) concurrently with the internal procedures
of the respective Sports Body.

8. CONFIDENTIALITY
8.1. The privacy of all parties involved must be respected and protected by striking a
balance between the need to gather information to assess the report and take
steps to address the misconduct.

8.2. All documents and evidence related to the misconduct are confidential and must
not be disclosed except for the purpose of any civil or criminal proceedings under
any written law.

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SAFE SPORT CODE

NOTA

16
KEMENTERIAN BELIA DAN SUKAN
MINISTRY OF YOUTH AND SPORTS
Menara KBS, 27, Persiaran Perdana,
Presint 4, 62570 Putrajaya
www.kbs.gov.my

Safe Sport Code


First Edition 2023

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