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55, making a statement to the reporter. Players expressed concerns that Whisler was loyal to Dames and justified Dames's behavior even when players brought concerns directly to Whisler. The investigators said they conducted more than 200 interviews and reviewed some 200,000 documents. Second, U.S. Soccer and certain NWSL clubs asserted the attorney-client privilege and work product doctrine over information relevant to this investigation, or delayed providing key evidence on privilege grounds or due to confidentiality or non-disparagement provisions in agreements with coaches fired for misconduct. Former Sky Blue President and General Manager Tony Novo told the Joint Investigative Team that Holly was "let go" from Sky Blue in 2017. 120 Stanton reflected that Dames "knew how to take the things that meant the most to you and turn them against you." (iii) disruption of the team environment. The Spirit's policy stated that the club will "take all steps necessary to prevent and eliminate unlawful harassment" and contains a definition of "unlawful harassment." When Racing Louisville was considering hiring Holly, no one contacted Novo regarding Holly or the reason he departed Sky Blue. Exit interviews should ask players questions to probe whether they have knowledge or awareness of any incidents of misconduct not previously reported. Trainings should also encourage players and staff to report bullying, harassment, discrimination, racist behavior, or other misconduct they experience or observe. Conduct Background Checks on All Prospective Club Owners, Staff, and Volunteers Who May Interact With Players Prior to 2021, the NWSL did not have a formal policy prohibiting harassment, which includes sexual harassment, discrimination, and retaliation. Following the September 30, 2021, publication of the Athletic article detailing allegations against Courage Head Coach Paul Riley, the NWSLPA released a statement announcing that players would "no longer be complicit in a culture of silence that has enabled abuse and exploitation in [the League] and in [soccer]." Hendrix also attended the meeting. Meetings between players and club staff, particularly one-on-one meetings, should take place at club facilities or in appropriate public spaces or offices. Players at seven clubs (Racing Louisville, Gotham/Sky Blue, the Dash, the Courage, the Thorns, the Spirit, and the Red Stars) reported to the Joint Investigative Team that they were unaware of whether their clubs had HR personnel or that they otherwise did not know to whom they could report concerns at their clubs. In that interview, Farrelly did not discuss, and Garcia did not ask, about Riley's other misconduct towards her, which was not uncovered until later. The NWSL announced that Cromwell's and Greene's employment contracts were terminated effective immediately and that they were ineligible for future employment in the NWSL unless approved by the Commissioner. Weight-Shaming Comments and Pressure It was not until June 2021, when Benstiti gave a speech in which he criticized players' diets, that the club took action. The publication of this Report marks the conclusion of the Joint Investigative Team's mandate to investigate ongoing concerns of misconduct in the NWSL. These inappropriate sexual remarks included inquiries and remarks about players' sexual orientation and dating lives, and remarks about players' appearances and attractiveness. One player also observed that her club was silent on issues of racism by not recognizing Juneteenth or doing work to support the Black community, which she said was in contrast to her former club where there were frequent discussions regarding anti-racism and her coach thought "about the broader world and how that could affect your performance." Each of these issues could potentially require their own mini-review to sort out the conflicting versions of events. 1. The Thorns terminated Riley in September 2015, though his contract was set to end in December of that year. A staff member reported that he and another staff member told Clarkson that they did not believe it was a hangover. By the time Levine and Duffy spoke to the two players they interviewed other than the complainant, Whisler had already spoken to both of them. Both players and staff on the Current described disproportionately angry responses by their former head coach, Huw Williams, to routine questions in the course of games or practices. 2. Despite receiving updates on the investigation, U.S. Soccer failed to follow up on evidence that suggested Riley may have had a more extensive relationship with Farrelly. Some of the sport's most prominent players are married to their former coaches, including their college coaches. Previously, Alyse spend five years as the GM of the Chicago Red Stars. c) These background checks include education verification, employment verification, political exposure checks, and reviews of criminal and sex offender records, SafeSport records, civil litigation records, liens and judgments, bankruptcy records, and social media. If there are allegations of misconduct against the staff member that are under investigation, the NWSL should work expeditiously to investigate before the staff member is hired by another club and should promptly notify that club of any finding of misconduct. Riley admitted in 2015 that he deleted Shim's email without showing it to anyone in a higher position of authority at the Thorns or the NWSL. Pride leadership held a call with players and staff in which they were informed generally that some reports had been substantiated and some had not. Even after repeated requests and lengthy negotiations with the separate law firm U.S. Soccer retained to respond to the Joint Investigative Team's requests, U.S. Soccer did not meaningfully respond to those requests until shortly before, and again after, the USSF Report was released. Simon had just graduated from college, and after an open tryout, Holly offered Simon her first professional contract to play for Sky Blue, where he was the head coach. It did not contain a carve-out that would allow the club to voluntarily disclose Holly's misconduct to law enforcement. After the article was published, six years after Shim had raised the alarm about Riley to the Thorns and the NWSL, Riley was fired by the Courage. If coaching staff repeatedly ignore medical advice or pressure players to do so, the NWSL should impose disciplinary action against those coaches. One club's player representatives expressed frustration that those investing in Plush's email summarized Lines's report of a conversation with Wilkinson, in which Wilkinson brought up what he referred to as the human resource issue, said Wilkinson felt Riley "was put in a bad position by the player," and said Wilkinson would hire [Riley] in a heartbeat. According to Plush's email, Lines had spoken with Riley, who told Lines, "I shouldn't have put myself in that situation." Gulati also stated that U.S. Soccer relied on the League and the clubs to develop their own policies regarding misconduct, but he did not recall ever conveying to the clubs that they were responsible for setting up these policies. If [we have] a concern, we're going to sit down and try to find a solution. He also said, If you're trying to build trust, which is what we're trying to do, it's hard to build trust if someone's saying to you, '[I] can't tell you where it's coming from.' The head coach would ask questions about players who were dating women, and another coach would contrast players who were dating women with players who were not, implying that the team should consider players' sexual orientations when making roster decisions. Then, in the spring of 2022, came additional complaints and concerns that Clarkson would retaliate against players since he was aware of an investigation into him, which led to his suspension. But it takes us all: folks at the top, every staffer, even every fan. Such volatility was a common thread among many coaches in the League who engaged in other forms of emotional, verbal, or sexual misconduct. and Players Union Report on Womens Soccer. When Simon arrived at Holly's house, Pearce Rampone was not there. Though Levine cautioned Whisler against retaliation, Levine confirmed to Whisler the identity of the complaining player. During the 2019 season, Riley joined Kurtz as she was eating lunch outside the Courage practice facility. Gulati also noted that U.S. Soccer was limited in its ability to enforce standards against the League when U.S. Soccer believed the NWSL owners, Whisler among them, would not agree, and out of concern the clubs would simply fold. mentally" and could not perform at her best for the rest of the year. 50, The Joint Investigative Team encountered significant delays in its attempts to collect relevant documents from the Red Stars. The separation agreement included mutual non-disparagement and confidentiality provisions, and a mutual release of claims. B. While the League itself cannot dictate changes to settings outside its purview, such as youth soccer or other leagues, it can implement reforms to the policies and practices within its control, which will in turn allow the League to serve as a standard-bearer and blueprint for other institutions. When the NWSL kicked off its fourth season in 2016, it became the first professional women's league in the United States to play more than three seasons. During the lengthy investigation, players were given insufficient opportunity to speak to the investigator, and the investigator did not speak to any club staff members other than Dames. Multiple players also said that Dames commented on players' attractiveness. A Dash player also described her coach, Pauw, having outbursts" of emotional yelling in which she would get up in a frenzy, and recalled a player receiving warning calls to inform her of incoming phone calls from Pauw. As one player explained, Dames would make "mean" comments and call people names rather than say things like bad pass." This concern was well-founded. When reflecting on his jokes related to Jewish people, Burke said that he did not know there had been Jewish people on the team. The club did not take steps to determine if Riley's conduct extended beyond an isolated comment or to other players. Throughout an investigation into allegations of misconduct and once an investigation concludes, NWSL personnel responsible for investigating should be advised to follow up with individuals who made complaints and other individuals who participated in any investigation into alleged misconduct to ensure they are not experiencing retaliation for their participation in the investigation, including through informal conversations or other channels. Sky Blue and NJ/NY Gotham - NWSL investigation finds 'ongoing misconduct,' details culture of abuse. One player, describing Riley's fixation with players' weight, stated that he was "100% the most controlling person I've ever met. Another player recalled that he deployed a strategy of "breaking down [a player's] confidence, saying she doesn't look fit," and then when he needed her, "building her confidence back up and controlling her in that way." In one text, he sent her a photo of himself in compression shorts. The Thorns initiated a week-long investigation (the "2015 Thorns Investigation") conducted by its HR director, who found that some of Shim's allegations were undisputed and who summarized findings against Riley in a final investigative report. As The Washington Post reported, at least three other players "wanted to speak to U.S. Soccer investigators" about their experiences with Dames but were not given the opportunity. In some cases, even where clubs did have HR personnel, the clubs did not adequately inform players about the reporting channels available to them, leaving players under the impression that there were no HR personnel to whom they could report issues at the club. Oversight Committee Composition and Operation Another Racing Louisville staff member did not recall any conversations at the club about reporting Holly to SafeSport. 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." Multiple players said that they felt they could not decline social invitations from coaches. 5. However, Riley's misconduct at the Courage extended beyond inappropriate comments about weight. In fact, concerns about Dames's behavior were well known by that point. Players at the Dash reported that they had heard that the club had hired an HR representative in 2021, but that players did not have much contact with her. 27, Lines discussed Riley with Wilkinson, the decision to hire Riley had already "effectively been made." The head coach notified club management and spoke with the assistant coach, reporting to club management that the conversation "didn't go well." This assessment of Whisler failed to acknowledge the report's own statement that "four of the players with the most significant concerns did not, for various reasons, believe Whisler [was] willing to address those concerns." There should be specific trainings tailored to club staff, including coaches, and players. sex. He made a comment along the lines of, "I don't know if it's because your girlfriend is world famous and you can't handle her fame." Alyse LaHue, former vice president and general manager of NJ/NY Gotham FC (formerly Sky Blue FC), allegedly made unwanted sexual advances towards a player according to the joint investigative report released by the National Women's Soccer League and the NWSL Players Association on Wednesday. It was mean." Hendrix also heard from a teammate that Holly had been speaking negatively of her to club staff. Simon explained that after she confronted Holly for sexually abusing her, as discussed in greater detail above, Holly began verbally abusing her, including in front of other players. The Thorns selected a lead investigator who was relatively inexperienced in conducting sensitive investigations. However, Wahlke recalled that she met with Whisler in person after receiving the investigative report and told Whisler that he should find "personal development opportunities and maybe anger management training" for Dames. Multiple players at the Pride experienced anxiety attacks due in part to a stressful working environment. 120, An explanation of the reporting channels should also be a key component to antiharassment training, anti-bullying training, anti-retaliation training, and any other trainings the NWSL or clubs provide. Duffy similarly stated that she did not recall why Levine sent her the report at that time. She remembered that Holly "verbally attacked players, and his behavior was "just different" than it had been in 2016. Develop and Implement Trainings That Reflect and Address Player and Staff Experiences Farid Benstiti (OL Reign, Head Coach, 2020-2021) After Riley joined the Thorns, he targeted Thorns player Mana Shim. However, even with that knowledge and after reviewing the findingswhich included that 70% of players "reported concerning behaviors that are consistent with the generally accepted definition of emotional abuse in sport and felt Dames creat[ed] an environment of fear [and] retaliation"Whisler contemplated keeping Dames involved with the Red Stars in a non-player-facing role, such as a sporting director or draft consultant. D. Neither Cromwell nor Greene took any steps to convey to players that they did not need to apologize for participating in an investigation. During this investigation, Racing Louisville initially refused to allow witnesses to discuss substantial aspects of Holly's employment and termination, citing the severance agreement's mutual non-disparagement and non-disclosure provisions. 113 However, the NWSL did not implement relevant policies until years later; the NWSL's anti-fraternization policy was implemented in January 2018, and its anti-harassment policy was implemented in April 2021, after a push by NWSL players. Following the survey responses, Whisler wrote in an email, I can tell you that Rory offered his resignation to me last night because of the embarrassment he thought it caused the organization. Sexism and Gender Bias Kurtz recalled Hammond responding, You're a professional athlete; I hope you know you're not chubby. According to Kurtz, Hammond did not ask follow-up questions about why she felt uncomfortable around Riley. Leaders from U.S. Soccer and the League also argued that decision-making authority lay with the club owners, through the Board of Governors. Lisa Levine (U.S. Soccer, General Counsel, 2009-2017; NWSL, General Counsel, 2017-2021) 15, "manipulative" and noted that Holly stopped building her up and "became a monster" after she began a relationship with someone. When Farid Benstiti was hired by OL Reign, he was explicitly instructed not to discuss weight or nutrition with players. Sometime after that incident, Shim asked Riley to maintain a strictly professional relationship with her. O'Connor acknowledged that he did not follow up with the players to determine whether they experienced any retaliation after the group meeting. While the report singles out individuals and clubs for alleged misconduct or mishandling of situations, investigators chose to make recommendations that are "forward-looking, systemic in nature; rather than recommending discipline as to specific individuals or entities." The NWSL should consider avenues to create a formal partnership with the Black Women's Player Collective to hear and address the Collective's concerns and improve the NWSL experience for Black players. In the suite, he began touching her under her shirt and under her pants, and told her that for every pass she fucked up," he was going to touch her. Provide Written Guidance to Coaches and Other Club Staff Stating That It Is Inappropriate to Make Degrading Comments or Jokes About a Player's Weight The Joint Investigative Team found no evidence that any of the 2020 player survey responses were elevated to Levine or anyone working in HR at the League. The NWSL should also develop standards for evaluating an applicant's fitness for the position based on the results of reputational checks. On another club, a staff member observed that when new players joined the team, the head coach would comment on their sexual orientation. Players, including Kaiya McCullough, recounted in that article that Burke berated, screamed at, and targeted players, and that he had used racially insensitive language. Flynn did not specifically recall providing the details noted by Johnson; rather, he only recalled telling Johnson to speak to individuals at the Thorns and to other club owners prior to making a decision regarding Riley because others might know the results of the 2015 Thorns Investigation. Investigative Process 8. A 2012 ESPN article later reported that Borislow's conduct included verbal abuse and sexually suggestive comments towards players. In addition, the policy sets forth a general process for conducting investigations into potential violations and reporting the findings of such investigations. That player requested that The Washington Post not name her in the article due to fears of retaliation. Cromwell and Greene may apply to the Commissioner for consideration only after they have successfully completed the mandatory training and coaching, acknowledged wrongdoing, and demonstrated a sincere commitment to modifying their behavior. The failure to take intermediary action left players in an unsafe environment for well over a year while the investigation was ongoing. The NWSL should update the 2022 Anti-Harassment Policy to incorporate the NonFraternization Policy currently found in its Operations Manual. The Joint Investigative Team investigated specific instances of misconduct that shed light not only on the lived experiences of the impacted players, but also on the cultural and These allegations were largely unsupported by specific examples and appear to either be the result of personal relationships that have soured and/or a reaction to Dames's undisputed favoritism of certain players." In addition, the Joint Investigative Team contacted approximately 90 current and former club staff, including coaching staff, and invited them to speak with the Joint Investigative Team. Emails show that Paulson, Wilkinson, and Thorns President of Business Mike Golub were included in conversations with Garcia surrounding the investigation and that Paulson and Wilkinson edited some of Garcia's outreach to players. For example, in 2021 following an NWSL game in Houston, Sarah Gorden, a Black player, posted on social media that her boyfriend, who went to see her in the stands after the game, was followed by stadium security and was told he would be arrested if he came close. Clubs' inconsistent responses to player-staff relationships left players confused about whether the NWSL prohibited such relationships.
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