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Safety Policy

Upper Hand Inc.

Safety Policy

Last Modified January 26, 2015

Purpose: Our priority at Upper Hand is safety.  Our safety process is used to determine if any coach applicant has a history that could jeopardize the safety and welfare of any person seeking coaching services and/or utilizing the online sports related services via Upper Hand services.  Background checks and coaching certifications are required in order to improve the quality of our coaches that offer their services with Upper Hand.

  • A candidate is ineligible to be a coach on Upper Hand if the candidate has done any of the following:
    • Engaged in any conduct which would constitute a felony in any state, whether or not the conduct resulted in the arrest of the candidate or the filing of criminal charges; and any conduct that is constituted as a felony in the State of Maryland
    • Been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for any misdemeanor, or any offense in any state, territory, country, or conduct that would be constituted as a misdemeanor in the state of Maryland, when the misdemeanor involves:
    • Violence, including, but not limited to, an intrafamily offense; simple assault; violence toward the aged, a spouse, incompetent persons, or children; or threats of violence;
    • Perjury or falsification, including the making of false reports of crimes;
    • Sexual offenses, including, but not limited to, indecent exposure; procuring, compelling, soliciting or engaging in prostitution;
    • corrupting minors; sexual relations with children; molesting; voyeurism (peeping tom); committing sex acts in public; incest; and sexual battery;
    • Any offense involving violations of the civil rights of any person under the Constitution or laws of the U.S. or any state or territory;
    • Any theft committed after reaching the age of 18;
    • Illegal possession, use, sale, distribution, or manufacture of any controlled substance;
    • Driving under the influence (DUI) of any controlled substance used illegally in the last 7 years;
    • Any offense involving the possession or use of a firearm; or Any bias-related crime.
    • Been convicted of, pled guilty or nolo contendere to, or been given probation before judgement for driving while intoxicated from alcohol (3) or more times in the past 7 years;
    • Been convicted of, pled guilty or nolo contendere to, or been placed on probation before judgment for manslaughter (negligent homicide), hit and run with injury, or fleeing and eluding police;
    • Exhibited an unacceptable driving record within five (5) years of application, as evidenced by, but not limited to:
    • Two (2) or more negligent collisions;
    • Suspension for moving violations;
    • Revocation; or
    • Operating after suspension or revocation
    • Been dishonorably discharged from the military service;
    • While in the military, engaged in any conduct which would constitute a felony or disqualifying misdemeanor in any state;
    • Is on parole or probation for any criminal offense, or is pending final disposition on a criminal charge;
    • Knowingly made any false statement or been deceptive by statement or omission in the Upper Hand coach application or in any part of the coach approval process;
    • Demonstrated a history of personality and/or mental disorders as determined by a medical professional; been a patient in a mental institution for personality or mental disorders; or received treatment as an out-patient for personality or mental disorders;
    • Fails to report for a booked lesson with an athlete and/or parent three times in the course of a year as a member of Upper Hand.
  • A candidate may be ineligible to be a coach on Upper Hand if the candidate has done any of the following:
    • Been convicted of, pled guilty or nolo contendere to, or given probation before judgment for any misdemeanor charge not listed in the above section on immediate ineligibility;
    • Knowingly made any false statement or falsified any document concerning any matter;
    • Been given less than an honorable discharge from the military, or an honorable discharge with an unfavorable re-entry code;
    • Been arrested for or charged with a criminal offense that was nolle prossed or dismissed;
    • Exhibited evidence of alcoholism or an alcohol problem that poses an unacceptable threat to the safety of the individual or others as determined by Upper Hand acting in compliance with the Americans with Disabilities Act and the requirements of sports coaching;
    • During an administrative or criminal investigation, resigned from a law enforcement agency or otherwise demonstrated evidence of guilt without a final judgment having been rendered;
    • Failed, during the Upper Hand coach approval process and/or at any time after approval during membership with Upper Hand and without prior notification and approval, to meet mandated deadlines, cooperate fully with and provide necessary documentation to keep all scheduled appointments with Upper Hand staff personnel;
    • Failed, during the Upper Hand coach approval process and/or at any time after approval during membership with Upper Hand, to provide additional personal information as requested or to submit information updates/changes, particularly changes of address and home and business telephone numbers, within five (5) business days of the change;
    • Established a history of civil law suits in the following areas: as a defendant resulting from several motor vehicle accidents, as a defendant in cases involving civil rights or human rights violations, or as a plaintiff in unresolved workers compensation cases;
    • Failed to obey or honor any judgment entered by a court of record, including, but not limited to, failure to make alimony or support payments, failure to pay any fine imposed by any court of record, or demonstrated a lack of honesty and integrity in disposing of financial obligations.

Upper Hand reserves the right, at any time, and for any reason in its complete discretion, to suspend and/or terminate indefinitely any coach, parent, and/or athlete membership and/or usage of Upper Hand.

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