While player transactions and staff terminations are certainly not the only conduct that could be retaliatory-and many player transactions may be motivated by non-retaliatory and soccer-specific reasonstaking this step could alert the NWSL to any potentially retaliatory player transactions or staff terminations and allow the NWSL to investigate where needed. 10 Club staff should be advised to elevate to the NWSL not only formal complaints and reports of misconduct they receive, but also any observed misconduct or alleged misconduct of which they otherwise become aware. 4, The scope of the investigation included a review of all reports of inappropriate conduct directed towards players in the NWSL and its member clubs from 2012 through the present, as well as a review of workplace misconduct and anti-discrimination policies and practices in the League and its clubs. Rather, the allegations and findings against Riley were frequently downplayed, including by discussing only certain aspects of certain of the allegations against Riley and, as noted, by using the determination of no unlawful harassment to summarize the investigative findings. In 2017, Daniels had withdrawn from a USWNT camp so as not to wear an LGBT pride jersey, and according to an article in The Athletic, "repeatedly made homophobic statements on her public social media." Shim later stated, I'm just so grateful for this opportunity to get these bad people out of the League and really shine a light on this issue because it's so prevalent. Multiple players reported that Holly complimented a Racing Louisville player about her hair in one of her Instagram photographs; she was wearing a bathing suit in the photograph. Wilkinson and Paulson told the Joint Investigative Team that they were not aware of Shim's 2021 email to Baird. Riley told her to get on his hotel bed to go over film, though she saw there was no film on the television. Gotham's handbook stated that the club "will also adhere to National Women's Soccer League's Anti-Harassment Policy." Some clubs have strictly enforced a non-fraternization policy. In her summary of the conversation, Levine noted that she had cautioned Whisler about potential retaliation. * Consistent with the 2022 Anti-Harassment Policy, the NWSL should require League and club staff to preserve documents relating to allegations and investigations of misconduct for at least seven years. Shim attached to her email to Baird her September 16, 2015 email to the Thorns in which she made the complaint against Riley, along with responses to her complaint by Garcia and Plush. Despite this purpose, neither the summary nor the conclusion of the investigative report provided a determination as to whether Dames's conduct was acceptable. Riley agreed to try, and the Dash traded her back to the Thorns a week later. ." In evaluating professional coaching standards, the Joint Investigative Team reviewed and considered professional and academic literature on verbal and emotional abuse in sport. Pauw lived in the same apartment complex as players -- an issue the report flags as a too-common problem around the league -- and allegedly attempted to control their diets and prevent them from weight training for fear they would be too "bulky.". For instance, the Courage credibly recounted that the club was only informed that players went to Riley's apartment after drinking with Riley in a nearby bar, and that someone stated that Riley had suggested they kiss. Wilkinson did not follow up with Riley, staff, or players to confirm that his instruction had been followed. While the NWSL did not specify the reason for the fines, multiple reports indicated that they were the result of Red Stars co-owner Sarah Spain and then-Gotham FC general manager Alyse LaHue expressing their support for Gorden publicly on Twitter after the league had asked team staff members to refrain commenting on the incident. The clause prevented Dames from making any negative, critical, or disparaging remarks about Whisler or the Red Stars, but did not restrict Dames's remarks about players. Commissioner of the NWSL, detailing numerous instances of sexually inappropriate conduct by Riley during the 2015 season. She recalled hearing Riley make negative "comments about players who [had] made the national team and then stopped doing favors for him. Several players said that Holly dating Pearce Rampone also affected the way he treated other players. It also provides new information around the suspensions and firings of several coaches and general managers and recommends how the league must change going forward. During Holly's tenure as head coach, players reported to Sky Blue management that Holly was verbally abusive, but the club took no action in response to those reports and ultimately failed to share accurate information about Holly's conduct both with the League and other clubs. The prospective owner asked how "pervasive" the problem was and wrote that he need[ed] to know that NWSL is protecting these girls and is vigilant about preventing such abuses of power in the future." Create and Enforce a Policy Discouraging the Use of NDAs in Connection with Allegations of Misconduct Ryans three-year deal with Gotham highlights a shared commitment to making the team a Girma is everywhere she needs to be at exactly the right time. .3 3. Hendrix said she believed that Holly may have retaliated by taking her off the starting roster. The report stated that "Dames and Whisler offered credible explanations" for Dames's behavior in one incident. I don't think so, but I've honestly never asked. The player explained that although she repeatedly pushed back against LaHues inappropriate conduct, LaHue persisted, the investigations report said. At the club level, U.S. Soccer's failure to share its findings allowed Whisler to take the position that U.S. Soccer essentially had cleared Dames of wrongdoing and that no action was required by the Red Stars. They used derogatory and insulting language towards players, displayed insensitivity towards players' mental health, and engaged in retaliation against players who attempted to report or did report concerns. Many players, team and league staff, and team owners were not given the completed report before it was made public. Wilkins similarly recalled O'Connor or Estes stating that Holly had a potentially inappropriate relationship with a player. Plush responded to Shim acknowledging receipt, and he forwarded the complaint to then-personnel at U.S. Soccer, which at the time managed the NWSL, including U.S. Soccer President Sunil Gulati, CEO and Secretary General Dan Flynn, General Counsel Lisa Levine, and Chief Financial Officer Eric Gleason. 2, these players faced the greatest barriers to speaking out about or obtaining redress for what they experienced. Another player echoed this sentiment, saying, There are relationships in the League between player and coach, and there have been for a long time. Romantic relationships between players and staff members pose several potential problems, including (i) the power In written responses to questions posed by U.S. Soccer and provided to the Joint Investigative Team, Flynn Both Gulati and U.S. Soccer CEO Dan Flynn received the NWSL player survey results from 2014, which included information about potential misconduct by both Riley and Dames. On July 8, 2021, the Club was advised that the investigation determined that Ms. LaHue violated the leagues policy on harassment, discrimination, and retaliation. Simon said there were certain questions she needed answered before she felt comfortable allowing Starr to give the club her name, like how the club would protect Simon. For example, the NWSL engaged a third-party investigator specializing in workplace investigations to conduct investigations into former Royals owner Dell Loy Hansen in 2020, Dash stadium security in 2021, and LaHue in 2021. One player recalled that Holly "suddenly exploded" during the meeting. At a team meeting the next day, players observed that Clarkson was visibly angry as he reprimanded the team at length, calling them selfish, disrespectful, and unprofessional by going out drinking prior to a game. This trial and error process is what highlights need and in turn creates important policies and guidelines for stability in our infrastructure, Zerboni told Equalizer. When the investigation concluded, Levine received and reviewed a copy of the 2015 investigative report and supporting documents, along with the Thorns's counsel's determination that the 2015 investigation revealed no unlawful harassment." When one player asked Williams during a game how the team should adjust their positioning after a player was removed from the game due to a red card, Williams screamed, "Are you fucking serious? Dames joined the Red Stars in 2011 as a volunteer coach, when the club was part of the semi-professional Women's Premier Soccer League ("WPSL). Representatives appointed by each of the 12 NWSL club owners comprise the League's Board of Governors, which acts on behalf of the League. Multiple club staff reported that on an away trip, Holly sat at an airport gate with Pearce Rampone, while the rest of the team sat together at a different gate. I also pitch in with coverage of college basketball and the WNBA. The player reported that Dames had texted one player at night to tell her he liked her outfit, and that he had "a tendency to 'pick on weak willed players and . For example, one staff member recalled hearing Holly call a Sky Blue player "lazy" and "dumb." According to the USSF Dames Report, Dames admitted that he used the term "thug" to refer to a Black player but adamantly denied any racial intent. Levine remembered that Holly left Sky Blue because of his relationship with Pearce Rampone and that the relationship created "issues with team chemistry but could not recall any complaints or concerns with respect to Holly's treatment of players. The NWSL began its own investigation into the player's complaint, but stopped after two days at the direction of U.S. Soccer. She claimed that players had called themselves "bulky." Nearly three weeks after my original reporting, during which Gotham ignored more than a half dozen requests for comment via various platforms, the club announced the end of the line with LaHue in a tersely worded statement that did not even acknowledge her by her full name, and which mostly passed the buck to the league office. However, Benstiti did not comply with that directive. E. Players Lacked Effective Channels for Reporting Inappropriate .82 According to the staff member, Predmore said the Benstiti weight-shaming issue was a cultural thing and that he "worked on it." The Joint Investigative Team found that the underlying culture of the NWSL created fertile ground for misconduct to go unreported. In several instances, when announcing departures of coaches found to have committed misconduct, clubs released vague public statements that obscured the reason for the coach's departure. Covington and Weil (collectively, the "Joint Investigative Team) reviewed all reports indicating that a person in a position of power in the NWSL or one of its member clubs engaged in or facilitated inappropriate conduct towards NWSL players, including discrimination, harassment, sexual, physical, or emotional abuse, and retaliation related to such reports. The prospective owner shared that he had learned of a relationship between an owner and a player at one club, and a coach and a player at another club. Until now, the only reported detail was that LaHue was the subject of a complaint filed under the leagues anti-harassment policy. Each of these issues could potentially require their own mini-review to sort out the conflicting versions of events. Two players also reported they believed that if they complained about a problematic coach, they, and not the coach, would likely lose their jobs. Former USWNT General Manager Cheryl Bailey would serve as the League's executive director. B. Paulson told the Joint Investigative Team that Riley denied the allegations against him in 2015 and never apologized, though Paulson recalled that Riley had made a comment that he had been isolated from his wife and should not have gotten drunk. Likewise, at least one player expressed concern that the nature of Holly's departure from Sky Blue was not fully disclosed to Racing Louisville before the club hired Holly as their head coach in 2020. In a second case, a club hired a technical staff member who participated in training sessions before his required vetting was complete. Reis acknowledged encouraging players to speak with investigators, but she denied telling them what to say. Inappropriate Sexual and Objectifying Remarks to Players The Joint Investigative Team conducted a review to assess the allegations against Riley and to analyze the 2015 Thorns Investigation and the response by the Thorns, NWSL, U.S. Soccer, and other stakeholders. Racing Louisville only provided more meaningful cooperation after the USSF Report criticized the club for its "limited" cooperation with U.S. Soccer's investigation. Summary of Inappropriate Conduct.. A. They also feel the non-fraternization policy, first implemented in January 2018, must be more explicit, extend to staff beyond the head coach and "clarify that any sexual or romantic relationship between players and those in supervisory roles over players is strictly prohibited, even if the relationship is consensual. North Carolina Courage The Joint Investigative Team found no evidence that Wahlke took any steps to transition management of the investigation to a successor when she left U.S. Soccer in 2020, and she does not appear to have notified anyone that she still considered the investigation open. Holly also asked Simon to send him suggestive pictures of herself, including a request for a picture of her in his boxers. Having provided the investigative report on Riley to U.S. Soccer and the League, and on the stated basis of legal advice, the club directed inquiries about Riley to the NWSL and U.S. Soccer. Publicly, however, the club merely announced that it would not retain Riley for a third season, and then-Thorns General Manager and President of Soccer Gavin Wilkinson said, on behalf of the club, "I would like to thank Paul for his services to the club these past two seasons." On August 14, 2019, outside counsel for U.S. Soccer emailed Wahlke stating Riley "was having a relationship with a Portland player. A player similarly described Riley policing details, like players' off-field wardrobes, and described his behavior as creating a constant state of being on edge." Several coaches routinely relied on derogatory language and name-calling to shame or criticize players. One club staff member stated that Dames would give the team three days off, but would not inform them until the day before, leaving the team "stuck [and] not able to get out of Illinois. The staff member said, I don't know if that's him being controlling, but also noted that it felt like Dames didn't like people leaving market." Six years later, at the age of 31, LaHue is the general manager of the Red Stars, a team whose roster includes Olympians from Mexico, Canada, and last summer's gold medal-winning US team. 6 In the course of this investigation, the Joint Investigative Team spoke to 47 individuals with knowledge relevant to Riley, including current and former players, key leaders including owners and general managersfrom the Thorns and the Courage, and other current and former club staff, League staff, and U.S. Soccer staff who were involved in or had information about the 2015 Thorns Investigation and Riley's subsequent hiring at the Flash and the Courage. Former NWSL President Amanda Duffy recalled hearing that Holly stepped down and believed his relationship with Pearce Rampone "may have been part of [the reason]" that he left. At that time, Levine provided Duffy a copy of the Thorns's 2015 investigative report, as well as supporting texts and emails. U.S. Soccer failed to address allegations against Riley and Dames as early as 2014, when it received comments in NWSL player surveys stating that Riley and Dames were verbally and emotionally abusive. Vera Pauw shamed players for their weight and attempted to exert excessive control over their eating habits. 19, not respond appropriately to Shim's concerns for six years, until after Shim and Farrelly went public. Investigative Process 8 This may include engaging with the NWSLPA or third-party experts regarding reforms, including the measures the Joint Investigative Team recommends below, to ensure that they are implemented in a way that meets players' needs. Plush told the Joint Investigative Team that the Flash had been considering Riley since October 2015, and Plush warned Lines in October 2015 that the Flash should not hire Riley but should follow up with the Thorns as to why Riley was "no longer coaching there." . It acknowledged that the League had a "need to know," and that an "allegation that a head coach has acted inappropriately toward a player is obviously of concern to the League." 79, In some cases, players reported that club leadership failed to protect them from retaliation. 113, players and those in supervisory roles over players is strictly prohibited, even if the relationship is consensual. Lines told Plush that he told Riley that Riley "can not allow that the [sic] of situation to happen again." Shim recalled being uncomfortable" that someone she knew might see her being interviewed. In 2021, responding to an email that mentioned the USSF Dames Investigation, Whisler wrote that Dames was "fully investigated" based on "an anonymous tip from a disgruntled former player," and that U.S. Soccer found that "no action was required." Multiple players reported hearing that Williams referred to this player, a leader in the locker room, as "toxic." Another player also recalled hearing players say they "would be at [his] pool and drinking," but Riley would then "get mad" because he thought that the players should be training. Some players and staff (other than Cromwell and Greene) were left with the incorrect understanding that none of the allegations had been substantiated, that no remedial actions were taken to address Cromwell's and Greene's behavior, and that the club was standing by the coaches. Volatile Conduct It further stated that any employee "who believes they have been subject to or witnessed illegal discrimination, including sexual or other forms of unlawful harassment, is requested and enco couraged to make a complaint." A member of The NWSL should consider expanding and further supporting formal pipelines for former and current players who are interested in coaching and support those players in their pursuit of coaching positions, beyond the current With the details of LaHues termination from Gotham finally coming to light along with a multitude of other issues across the NWSL, the league and the players association make one thing clear: systemic failures in league policy made it possible for such behavior to occur, and the time for change is now. On the day Dames resigned, Whisler texted him Gulati said that he generally tells people who are considering hiring candidates to call former employers, but in this case, he was also specifically hoping that Malik would contact the Thorns. She was hired that May as vice president. Dames's conduct was also often personal. Riley went on to be named head coach for two other NWSL clubs, the Western New York Flash and the Courage, in 2016 and 2017, respectively. The new report claimed it studied all reports of inappropriate conduct toward players in the league since its launch in 2012. The club issued a public apology stating that it had "wrongly focused on signage policy and procedures, instead of allowing the important meaning of the message." The next day, Riley said, "A deal is a deal," and he did not require the team to run the suicide mile that week. Cromwell's and Greene's conduct fostered a fear of retaliation among certain players and staff at the Pride. He remained with the Flash until the club was sold in 2017. Require Separate Individuals to Hold Key Club Leadership Roles Since its inception, the NWSL and clubs have failed to provide clear guidance to players regarding what constitutes misconduct. In November 2012, U.S. Soccer announced that it would manage a new women's professional soccer league, to begin play in 2013. On September 1, 2021, Holly texted Simon and told her he was fired for "an inappropriate relationship" with her. Even within the soccer world, the player explained, a tone appropriate for the field would not be appropriate in other settings, such as locker rooms, team dinners, or one-on-one meetings with players. In June 2021, Benstiti gave a team speech in which he criticized players' diets, despite being told not to do so, in a manner that multiple players found inappropriate. 1. 47, The stated purpose of the USSF Dames Investigation was "to understand the experience of the players and provide U.S. Soccer legal advice with respect to whether the alleged misconduct by Dames, to the extent that it occurred, is acceptable from the head coach of a National Women's Soccer League (NWSL) team from the perspective of U.S. Oversight Committee Composition and Operation Allowing Riley to continue coaching in the NWSL endangered NWSL players. O'Connor acknowledged that he did not follow up with the players to determine whether they experienced any retaliation after the group meeting. She provided a written denial of what she suspected were the allegations against her, including a statement that she has never remarked on the appearance of a player or kept track of players' weight. d) Lack of Transparency with the Courage Regarding Riley For example, Thorns owner Merritt Paulson said the Thorns shared everything with the League" and believed the League would further investigate and suspend former Head Coach Paul Riley from working in the League following the 2015 allegations against him. And thorough vetting, including a reputational check, is time-intensive and expensive. Gulati told the Joint Investigative Team that he surmised that he had been given legal advice not to disclose information regarding the allegations and investigation, but could not recall any specifics about that advice. Multiple players and one staff member described a particular incident in which Holly's romantic relationship appeared to impact his decision-making. Overall, even the employee handbooks that generally acknowledged that club employees must comply When Simon told Holly he had to stop touching her because it was messing with her, he began treating her poorly on the field, yelling at her and taking her out of games regardless of her performance. F. In many cases, a lack of separation between players' professional responsibilities and personal lives allowed staff members to exercise undue influence over players. This sparked discussions and concern by individuals at the NWSL, U.S. Soccer, and the Thorns about Riley's prior sexual misconduct, evincing their recognition that the prior findings against Riley were cause for concern in assessing his suitability to coach players. 5. First, the 2015 investigation conducted by the Thorns had several shortcomings. Stanton reported that Holly texted her all the time" while he was an assistant coach at Sky Blue, sometimes communicating in a way that felt like it was "teetering on the line" of Starr recalled that a couple of weeks later, she met with Simon again, and Simon informed her that the abuse had been "going on for a while." 78, reasons for the waiver/contract buyout and other proposed waivers, several additional considerations supported the conclusion that retaliation was a motivating factor. And as discussed above, in some cases, Riley's practice of holding meetings in hotel rooms did in fact lead to boundary-crossing interactions with Shim. 98, Multiple players also voiced concerns that coaches found to have committed misconduct were not terminated but were instead allowed to resign from their positions. While the investigation into Clarkson was ongoing, players submitted an additional formal complaint and again reached out to the Joint Investigative Team to raise both related and additional concerns about Clarkson's treatment of players, expressing fear that Clarkson would retaliate against them if he learned they had raised complaints. 11, In 2018, the League voluntarily recognized the NWSLPA as the exclusive bargaining representative for all players who signed a standard player agreementin other words, all players except players allocated to the League by the USWNT. Hendrix also attended the meeting. This report, along with text message and email exhibits, was shared with individuals at U.S. Soccer and the NWSL. It described instances of sexual abuse, unwanted sexual advances by a general manager, emotional abuse, cronyism, racist remarks, the blurring of professional boundaries and retaliation of players who complained about their mistreatment. After Benstiti's hiring, Predmore instructed Benstiti not to discuss player weight or nutrition" with players, and "specifically forbade him from talking about "anything related to food." Shim emailed a complaint, with a narrative describing Riley's inappropriate conduct, to Garcia, Riley, Wilkinson, and Thorns owner Merritt Paulson. * The Joint Investigative Team reached out to approximately 780 current and former NWSL players regarding the investigation. Another player said it was "tough" to report "racial allegations" as a Black woman because "it almost feels like you're having to convince someone that it actually happened." Gulati told the Joint Investigative Team that he surmised he had received legal advice that there was nothing that could formally be done to stop Riley from coaching elsewhere in the NWSL. The location of Shim's and Farrelly's interviews-the Thorns's stadium-was not an appropriate setting for such a sensitive conversation and contributed to Shim feeling uncomfortable and concerned that staff would see her being interviewed. Moreover, even if there were support for this assertion, clubs investigating allegations of misconduct should not limit their assessment to whether "unlawful harassment" occurred. The club then released a statement that did not disclose the reason for Benstiti's departure. The Joint Investigative Team found that the League and its clubs failed to take adequate steps to protect players in hiring and filling positions. They represented the two Level Two . Holly lived in the same apartment complex with players at Racing Louisville, and he tried to get Simon to go to his apartment many times, but she refused. Alyse LaHue. However, the joint investigative team indicated in the report that based on the totality of the evidence, misconduct did occur, notwithstanding these discrepancies, which are not described in any detail. Notably, investigators for the NWSL and NWSLPA also cite U.S. Soccer as an entity that delayed the investigation. Baird then-again based on a response Levine had drafted-responded to Farrelly with an email similar to the one she had sent Shim, stating that the initial complaint in 2015 had been investigated to conclusion" and that she could not "share any additional details." As a result of these failures, in multiple instances, players reported experiencing difficulty or confusion in reporting concerns of inappropriate behavior. "A reopening of the 2015 investigation regarding former NWSL coach Paul Riley, including a review of the circumstances surrounding his departure from the Portland Thorns FC, and his subsequent hiring by Western New York Flash and the North Carolina Courage." The NWSL should ensure as part of its vetting process that prospective owners entering the NWSL express their personal commitment to protecting player safety, to combatting misconduct in all its forms, and to facilitating appropriate reporting of concerns. 3. The investigators said they conducted more than 200 interviews and reviewed some 200,000 documents. Describing Dames, a Red Stars player stated that a "huge day-to-day struggle was the fear-what was the day going to bring?" After his hire, OL Reign CEO Bill Predmore told Benstiti he was not allowed to discuss diet or weight with players. However, Baird had received and reviewed Shim's complaint to the NWSL in March 2021, to which Shim attached her September 2015 complaint detailing sexual misconduct by Riley. In the months that followed, U.S. Soccer's investigator spoke to other players, who reported concerns about Dames's behavior that corroborated the two formal complaints about Dames. The staff member stated that Clarkson believed that the player was 100%" fit to play because she had dressed for the game, although the player reported that Clarkson was aware she had been dealing with the injury. According to Plush, as a result of his conversation with Lines, Riley called Plush and "accused [Plush] of trying to 'blackball [Riley] out of the league.""
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