A former Deerfield Beach, Florida swim instructor has been added to USA Swimming’s list of individuals banned for life. Francisco de Aragon II was added after an arrest in May on charges of sexual battery on a minor and lewd and lascivious behavior/molestation on a minor.
The public list, which only includes coaches or other members who have received lifelong banishment from the sport, was updated on Wednesday after the expiration of Aragon’s appeal period. His official suspension date is July 31, 2015.
At least three girls have come forward in total claiming sexual assault by Aragon. The alleged victims, two of whom were 6 years old, attend different schools and do not know each other, according to local10.com.
Aragon was suspended under three different sections of the USA Swimming Code of Conduct:
304.3.6 Conviction of, imposition of a deferred sentence for, or any plea of guilty or no contest at any time, past or present, or the existence of any pending charges, for (i) any felony, (ii) any offense involving use, possession, distribution or intent to distribute illegal drugs or substances, (iii) any crime involving sexual misconduct, or (iv) any criminal offense against a minor.
304.3.8 A. Any inappropriate sexual conduct or advance, or other inappropriate oral, written, visual, or physical conduct of a sexual nature at any time, past or present, directed towards an athlete or any person under the age of eighteen (18) by (i) a coach member or other non-athlete member, or (ii) any other adult participating in any capacity whatsoever in the activities of USA Swimming (whether such adult is a member or not).
B. Any act of sexual harassment, including without limitation unwelcome sexual advances, requests for sexual favors, and other inappropriate oral, written, visual, or physical conduct of a sexual nature in connection with or incidental to a USA Swimming-related activity by any person participating in the affairs or activities of USA Swimming (whether such person is a member or not) directed toward any member or other person participating in the affairs or activities of USA Swimming.
C. A romantic or sexual relationship, even if it is a consensual relationship between adults, which began during the swimming relationship, between athletes and those individuals (i) having direct supervisory or evaluative control, or (ii) who are in a position of power and trust over the athlete. Except in circumstances where no imbalance of power exists, coaches have this direct supervisory or evaluative control and are in a position of power and trust over those athletes they coach. The prohibition on romantic or sexual relationships does not include those relationships where it
can be demonstrated that there is no imbalance of power. For example, this prohibition does not apply to a relationship between two spouses or life partners which existed prior to the swimming relationship. For factors that may be relevant to determining whether an imbalance of power exists, consult the USOC’s Safe Sport Policies at www.teamusa.org/Footer/Legal/Governance-Documents.
D. Any peer-to-peer sexual abuse. For the purposes of the Code of Conduct, the term “peer-to-peer sexual abuse” shall mean any unwelcome physical conduct of a sexual nature directed towards a minor athlete by another minor athlete.
304.3.19 Any other material and intentional act, conduct or omission not provided for above, which is detrimental to the image or reputation of USA Swimming, a LSC or the sport of swimming.
