Doe

BACKGROUND

We independently review claims of instructional error. In doing so, we view the evidence in the light most favorable to the appellant, in this case Doe. (Henderson v. Harnischfeger Corp. (1974) 12 Cal.3d 663, 674.) A USA Swimming is the national organization responsible for Olympic trials, national events, and service to local swim clubs. Such service includes the establishment of rules, a code of conduct, and best practices; it also includes guidance on how to grow the sport and the teams. USA Swimming provides clinics and camps for coaches and athletes, education to coaches, and team training. About 3,200 member clubs are associated with USA Swimming, but USA Swimming is not responsible for day-to-day operation of the clubs. Hundreds of thousands of minors are athlete members of USA Swimming. Coaches at member clubs must also be members of USA Swimming and are subject to USA Swimming’s rules and code of conduct. USA Swimming has been aware of sexual abuse issues in the sport of swimming for many years. It adopted SafeSport in 2010 as its abuse prevention program. Through SafeSport, USA Swimming requires mandatory background checks and screenings of local swim club…