USA Swimming added Burkwood Aquatic Club assistant coach Tucker Smith to the banned for life list as of December 23, 2013, which was the date the National Board of Review found by a preponderance of the evidence that Mr. Smith had violated Code of Conduct sections 304.3.4, 304.3.6, 304.3.8(A), 304.3.18, and 305. After his one-month appeals period ran its course, Smith was added to USA Swimming’s public list this week.
As we reported in November, Mr. Smith was arrested on two counts of the class 6 felony “taking indecent liberties with a child while in a custodial relationship over a child under 18.” Since that report, Mr. Tucker was indicted by a grand jury on January 21, 2014 for two counts of this class 6 felony under Virginia Criminal Code section 18.2-370.1.
This section carries a sentence of 5 years per count if convicted of knowingly and intentionally with lascivious intent proposing that the child feel or fondle the “sexual or genital parts of the custodian or exposes his “genital parts” or proposes the “performance of an act of sexual intercourse” or sexually abuses the child. Mr. Tucker’s trial for both counts is set for May 27, 2014 at 10 AM in the Hanover County Circuit Court in Hanover, Virginia.
Smith becomes the 21st person to receive a permanent ban by USA Swimming in 2013, and the 99th overall. He is one of only two coaches on the list to have been banned under 5 separate sections of the USA Swimming Code of Conduct:
305.3.4 Violation of any of the Athlete Protection Policies set forth in Article 305
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 directed towards an athlete 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).
304.3.18 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.
305.1 Inappropriate touching between an athlete and an adult non-athlete member or Participating Non-Member (as defined in 401.1) is prohibited, including, but not limited to, excessive touching, hugging, kissing, sexually oriented behavior, sexually stimulating or otherwise inappropriate games, and having an athlete sit on a non-family member adult’s lap.