104, B. She explained that her job responsibilities were limited to coaching the national team, and she did not have a role in oversight of NWSL coaches. Based on his conduct, she assumed he was leaving the Red Stars and was surprised when he returned the next season. 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. Anti-harassment training offered by the NWSL should clearly instruct staff that electronic communications, including text messages, WhatsApp messages, and emails, must comply with, and are subject to, the Anti-Harassment Policy. Gulati told the Joint Investigative Team that the Thorns said they would only share the 2015 investigative report with the NWSL and with U.S. Soccer's General Counsel, Levine. 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. Another player recalled being hesitant to participate in prior investigations out of fear that her participation could be traced back to her and shared with club owners, the coach, or others. Club Statement on NWSL/NWSLPA Report pic.twitter.com/ATZPBk1pxc, The Philadelphia Inquirer published a statement they received from LaHues lawyer, Kelly Hoffman following the release of the Joint Investigative Report on Wednesday. Levine explained to the Joint Investigative Team that she made the report "the day [she] learned of [the] sexual relationship between [Riley] and a player," referring to Farrelly. Until 2022, the League also had no free agency for any players, meaning a single club retained the rights to the player even if the player was not under contract. She said, "I was made to feel by U.S. Soccer that I was in the wrong, there was nothing to report, and that this was acceptable." The following day, on June 14, 2018, Dames texted Whisler that he heard Levine had contacted a player to set up a call, and Whisler promptly responded that he had spoken to the player in question. When an assistant coach attempted to give the player the requested advice, Williams told the assistant coach, "Shut the fuck up and go sit down." Despite these recurrent issues, Whisler told the investigator that he believed that Dames had improved in his demeanor, mindset, and patience during his years as head coach and that Dames would not "be hard on someone unless he [thought] they [had] it within them to rise up." 2, these players faced the greatest barriers to speaking out about or obtaining redress for what they experienced. LaHue participated in an initial interview, but then cancelled a follow-up interview. According to multiple interviewees, Clarkson did not allow the players to address the accusation that they had been drinking and told them, Cameras don't lie." Ultimately, decisions about whether to share information about misconduct was left to the individual's discretion. Players raised multiple concerns about him to club management. Meetings between players and club staff, particularly one-on-one meetings, should take place at club facilities or in appropriate public spaces or offices. 7. For much of the NWSL's history, the NWSL and many of its clubs did not employ any designated HR staff. Coordinate with Clubs and U.S. Soccer to Improve and Centralize Hiring Practices WPS's problems compounded in 2011, when Dan Borislow, the owner of the WPS club magicJack, became embroiled in a series of conflicts over his violations of WPS procedures. The Joint Investigative Team also took into account whether conduct complied with professional coaching standards. that he had created a "sexualized team environment" at a Chicago youth club that "crossed the line to sexual relationships in multiple cases, though those relationships may . At Riley's door, she felt he expected that she would come into his room. Long did not indicate that she was concerned about potential retaliation against the players who spoke up at the meeting. Prior to 2021, the NWSL did not have a formal policy prohibiting harassment, which includes sexual harassment, discrimination, and retaliation. 28, Investigative Team that he surmised that U.S. Soccer and the NWSL received legal advice from Levine that there was nothing they could formally do to stop Riley from coaching elsewhere in the NWSL. The article also noted Horan's observation that Benstiti's insistence on weight loss was "more [about] how you were seen and not how it was helping you play. An April 2019 Adidas commercial focused on Horan overcoming her negative experience with Benstiti. Using language drafted in part by Levine, Baird exchanged a few emails with Shim, and during one such exchange, Shim emphasized that given the League's inaction" in response to her 2015 complaint, she was concerned for current players; she requested confirmation that "these issues will be investigated and that appropriate corrective action will be taken to ensure that abusers are not permitted to coach in the NWSL." Two prior leagues have." When traveling for another away game, Riley asked Shim to bring him a bag of chips from downstairs in the hotel up to his room. 56, conduct, LaHue persisted. Another player said Harrington made other comments about players' appearances and bodies, including their breasts. C. 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." The Joint Investigative Team distributed this contact information via email to all current and former players for whom the Joint Investigative Team could identify an email address. In one instance, Clarkson suspected that players had been drinking alcohol the night before a game, so he convened the players and reprimanded them in a manner that left multiple players feeling scared and attacked. Riley grabbed Shim, pulled her back against him, and tried to grind against her. Whisler acknowledged the agreement and claimed that the non-disparagement clause was "standard. It did not expressly prohibit retaliation against anyone for engaging in Protected Activity. Simon shoved Holly's hands away, and in response, she felt that Holly looked at her like it was a "challenge." However, that position is inconsistent with other evidence, including an email from counsel for the Thorns and Plush's own prior communications with Sky Blue. Washington Spirit to return to the club. That player also said that Black players were uncomfortable because the club often placed the substantial burden of engaging in race and other culture-related activities on them. The report's conclusion stated, "Whisler, as an owner, has demonstrated a commitment to continuous improvement of the player experience, as well as an intolerance for abusive and insensitive behaviors. Remind Players, Staff, and Volunteers of Reporting Channels Available to Report Misconduct Williams was moved to a front office role at the end of that season. The surveys also asked some open-ended questions and provided space for players to enter comments. U.S. Soccer, as governing body and NWSL manager, failed to ban coaches and staff who resigned or were fired because of misconduct, or to apprise the League and club owners of such misconduct, which allowed these individuals to move to other clubs within the NWSL. When Olympique Lyonnais became the club's majority owner in January 2020, Predmore retained his position as CEO and was primarily responsible for day-to-day club decisions. The same HR employee who spoke to Levine about Farrelly's complaint told the Joint Investigative Team that she printed the complaint and handed it to Levine. Malik said that after he spoke to Gulati, he then spoke to Paulson, who told Malik to ask the NWSL for a copy of the 2015 investigative report, rather than providing Malik with a copy of the report himself. The NWSL has seen a series of changes in its executive leadership between 2012 and 2022. The NWSL celebrated its tenth anniversary in 2022. 4. 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 . She specifically denied receiving any complaints from Press regarding Dames. On September 30, 2021, The Athletic reported that Courage Head Coach Paul Riley had sexually coerced players and made derogatory comments about players' weight and sexual orientation prior to and during his tenure as head coach of the Thorns. Holly also asked Simon to send him suggestive pictures of herself, including a request for a picture of her in his boxers. 3. A lack of clarity in the roles played by the NWSL and clubs in receiving and responding to complaints of misconduct has contributed to confusion about reporting channels. Misunderstandings resulting from the way the findings were conveyed contributed to the development of substantial tension and divisiveness within the locker room. NWSL personnel informed the club's ownership about this feedback. Hammond came away from the call with the understanding that Kurtz was uncomfortable with what Riley said, and he did not recall asking follow-up questions about the circumstances or any other concerns about Riley. Aline Reis did not fully cooperate with the retaliation investigation, including by pressuring players to share favorable information with investigators. Two others explained why they felt Dames had used information about them to manipulate them. Furthermore, in at least one instance, players received potentially misleading information about the outcome of an investigation. At the end of the investigation, the Joint Investigative Team delivered this Report to the NWSL and NWSLPA. In 2022, it was updated to prohibit discrimination and retaliation more explicitly. Also during that time, in connection with Riley's hiring by the Flash, Plush, Gulati, Flynn, and Levine corresponded by email indicating some or all of them had discussed the need for [an NWSL] policy and training." The investigation focused on misconduct by NWSL employees and club staff directed at players. One interviewee reported that some clubs that had HR departments historically [could not] use them because of the single-entity structure [of the NWSL]." It also states that "[e]xceptions to this policy may be granted by ownership or the Chief Operating Officer if, in their sole discretion, it is determined that the close relationship is not likely to cause actual or perceived conflict or favoritism, which is inconsistent with the NWSL policy. While the investigator documented the investigative steps that were taken, at the request of Levine, she did not prepare a summary of her findings and conclusions in either of these investigations, instead communicating informally with Levine. This prohibition extended to disclosures that would not identify Simon or that Simon approved. Malik, on the other hand, provided a contrary explanation of his communications with Paulson. The Joint Investigative Team identified and examined facts relevant to potential abuse or misconduct against players by those in positions of power in the NWSL and its member clubs. NWSL investigation finds misconduct at 'vast majority' of clubs Players pinpointed instances in which it appeared that coaching staff were trying to humiliate and sabotage players, rather than help them improve. Flynn, on the other hand, in written responses to questions posed by U.S. Soccer, stated that he never reviewed the Thorns's final investigative report and did not have a complete understanding of the findings of the investigation. Additionally, the explanation put forth by U.S. Soccer did not account for the risk that players who remained on the team and under Dames's management did not report contemporaneous conduct for fear of retaliation. 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. As a result, Racing Louisville did not learn about Holly's mistreatment of Sky Blue players prior to his hiring. 80, d) Concerns of Retaliation at the Kansas City Current However, the club did not share enough information about the reason for Holly's termination, leaving both players and the public uncertain about why he was fired. He often invited certain players to have lunch or dinner with him, taking one small group of players out to dinner on a regular basis. With regards to Dames's treatment of players, one player recalled, "It wasn't like, 'Hey, bad pass.' In early 2022, the NWSLPA and the League announced that they had signed their first collective bargaining agreement. . The report also indicated that Gotham was one of seven clubs where players indicated to the Joint Investigative Team that they were unaware of whether the club had HR personnel or otherwise did not know to whom they could report concerns at their club. 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." Standards of acceptable coaching behavior are evolving. At Sky Blue, a former chief financial officer handled the club's budgeting, sponsorships, payroll, and merchandising in addition to the club's HR. . Consider Establishing Guidelines Regarding Socializing Between Players and Individuals with Supervisory Authority As another example of a coach targeting a player's personal attributes, according to a staff member, Holly criticized a player by wondering aloud why he had "wasted a draft pick" on her after a stress test revealed she had a medical condition. The League should discourage clubs from entering into non-disclosure and nondisparagement agreements that restrict their ability to disclose alleged misconduct under the Anti-Harassment Policy to the NWSL, clubs, or members of the public. Players from marginalized backgrounds, or with the least job security, were often targets of misconduct. A third player reported that Riley called players "fucking idiots" while at the Courage, and another player recalled Riley calling an injured player "the clumsiest fucking player I've ever coached." Those findings will remain confidential and the league will not comment further on individual club personnel matters.. Dames declined requests to be interviewed in this investigation. On one occasion, Dames made a derogatory comment to a player who was a mother, saying something like, "What makes you think you're going to be a good mother if you can't communicate?" Players expressed a belief that the close relationships between coaching staff and management meant any complaints of misconduct would fall on deaf ears or subject them to retaliation. The NWSL should train all League and club staff designated to receive complaints and other club leaders, including coaches, on how to respond to complaints of misconduct and on investigative best practices. Lack of Transparency with NWSL Clubs About Riley's Conduct The NWSL should emphasize that this program is not a substitute for reporting channels provided in the Anti-Harassment Policy and should not encourage players or staff to address potential misconduct under the Anti-Harassment Policy through the Alternative Complaint Resolution program. The Joint Investigative Team requested documents from every club through the appropriate club official or club counsel. Several players and staff described Clarkson's mood as unpredictable or hot or cold, leading players to feel like they were walking on eggshells around him or would not know what to expect in terms of his attitude on any given day. After speaking with Levine, the HR employee-understanding Levine and Baird would conduct a follow-up investigation in light of language in Farrelly's email indicating she was raising new allegations-responded to Farrelly, thanking her for reporting and stating, "We take these claims very seriously and do not tolerate any form of harassment within our League. On some occasions, the NWSL and clubs failed to timely address misconduct until the public was made aware or until players took initiative to speak up about the issue. Hope for 'new' NWSL after former coaches banned after misconduct However, its high operating costs and failure to attract corporate sponsors soon began to cause financial strain. A. 113, players and those in supervisory roles over players is strictly prohibited, even if the relationship is consensual. Reporting channels also should be posted in physical locations where players and staff convene, including locker rooms and club office space. Riley's attitude changed during the early 2015 NWSL season, when he began texting Shim often, asking her to coffee during road trips, and inviting her to watch game film with him to identify areas for improvement, sometimes changing the location of film-watching to his apartment. 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." Indeed, after Riley was fired on September 30, 2021, Kurtz disclosed additional misconduct by Riley, and another player told the club that Riley had been verbally abusive and created a "culture of fear" in which players could not express opinions, and that other coaches had allowed Riley to engage in this behavior. After players continued to push for a response, including through an HR manager, the club fired the assistant coach. In the almost year and half period from May 2018 to September 2019, the investigator spoke to only nine players. In fact, an attorney from the law firm retained by the Thorns informed Levine that there were suggestions in [Shims] interview [with Garcia] that Paul Riley's relationship [with Farrelly] was more extensive than [Shim's]/Riley's." 13, In November 2021, The Washington Post published an article reporting that Rory Dames, head coach of the Red Stars and the longest-tenured coach in the League, had been verbally and emotionally abusive towards players, and that U.S. Soccer had failed to adequately investigate and respond to reports of his misconduct. A member of club staff told us the decision was based on a "business perspective," but could not "ascribe any personal feelings" to the decision. C. Pauw, too, was described by players as a "power freak" who would monitor players' use of their apartment complex pool and "text at 8:00 p.m. saying that training for 5:00 p.m. the next day was moved to 8:00 a.m. the next day. Individual bias can contribute to discrete acts of misconduct. Weil, Table of Contents Alyse LaHue on Twitter: "We have an opportunity & ability to be leaders in this space in the way that @WNBA players & league have. A player for the Courage said Riley "would ask [her] to dinner in a "very casual way." The preceding sections of this Report summarized, thematically, the Joint Investigative Team's factual findings. The Joint Investigative Team looked to a variety of sources, including the League's 2022 Anti-Harassment Policy and professional coaching standards, when making these assessments. 1. 2. Furthermore, he instructed Benstiti to bring any dietary or weight-related concerns to another staff member, who could have conversations about diet and fitness with players. Second, the 2022 Anti-Harassment Policy requires each club to designate two individuals to receive reports of potential violations of the 2022 Anti-Harassment Policy, at least one of whom must be an individual other than the Board of Governors representative and the head coach of the club. After appearing to have turned Gotham in the right direction, LaHue was fired on July 9, though the termination wasn't. 2. As described below, individuals from U.S. Soccer, including General Counsel Lisa Levine, her successor Chief Legal Officer Lydia Wahlke, President Sunil Gulati, and CEO Dan Flynn, failed on numerous occasions to disclose what they knew about Riley's misconduct to other NWSL clubs that hired him. When Gothams statement leaned on the league, a further inquiry returned this statement: Following a complaint, the league conducted an investigation and shared the findings of that investigation with Gotham FC. This includes harassment; sexual harassment; discrimination on the basis of race, color, national origin, sex, gender, gender identity or expression, sexual orientation, religion, age, or any other protected status under federal, state, or local laws; bullying; sexual misconduct, including the use of coercion, force, intimidation, or certain power imbalances; emotional misconduct; physical misconduct; and retaliation. Unprofessional Communications In 2019, when U.S. Soccer was considering Riley for the role of USWNT head coach, Duffy and Levine worked with NWSL communications staff to prepare a draft public statement related to the complaints against Riley and the investigation into his conduct. The Courage also received some assurance about Riley from other club leaders and from the NWSL, including the fact that Riley had been hired by the Flash after departing the Thorns. Despite the 2014 and 2018 complaints and a formal investigation in which players reported a wide range of concerns corroborating Press's account, the Red Stars, the NWSL, and U.S. Soccer failed to address Dames's conduct. A player for another club recalled that she had to take a break from the team to be with family due to anxiety, and when she returned, both her coach and the general manager informed her she would have to find her own housing because she had "made the choice" to go home temporarily due to mental health reasons. One player recounted feeling like Dames picked the players who did not "have power to report him," while those with "more status in the League" were given his trust and respect. The NWSL should consider preparing an annual report regarding the operation of the Anti-Harassment Policy, including aggregated data regarding reports to the League of potential violations of the Anti-Harassment Policy, and the outcomes and resolutions of those reports. Flynn did not recall sharing the details noted by Johnson; he only recalled telling Johnson to speak with individuals at the Thorns and to other club owners regarding Riley because others would know the results of the 2015 investigation. On August 31, 2021, Racing Louisville announced that they had terminated Head Coach Christy Holly's contract for cause. The club provided no other explanation for Holly's abrupt departure in his first season as their head coach. One of the players perceived this as an attempt to convince them to go out drinking. 1. 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. Though the club did not announce a reason for his termination, sources told The Salt Lake Tribune that Harrington "was placed on leave after players complained he was being 'verbally abusive.""
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