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Gulati recalled this email and stated, "I don't know what else we can do when [Whisler] doesn't accept the coach's resignation." Among the suggested actions is involving players in hiring processes more formally and establishing information sharing among clubs. . (The league has not always used that specific title. The League and its Clubs Often Have Not Sufficiently Vetted Coaches and Staff Train NWSL and Club Staff in Complaint Handling and TraumaInformed Investigation Best Practices Witnesses reported during the 2020 NWSL investigation that Hansen described individuals as "colored" or "oriental" and used descriptors and references based on racial stereotypes, including calling Black players on an opposing team "African gazelles." 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. Another member of the team said that LaHue paid special attention to this player and described instances in which she believed LaHue provided preferential treatment or sought to be close to the player. 33, An NWSL HR employee recalled that she immediately went to Levine's office to discuss The NWSL ran its standard background check, and its resulting report contained no significant adverse findings. 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. When U.S. Soccer Chief Legal Officer Lydia Wahlke learned that Levine had told Whisler about the complaint, she expressed concern, noting that "it could put [Whisler] in the position of unwittingly creating a retaliation claim if he acts on it or communicates it to any third party (and worse, to the responding party)." For example, while Whisler told the Joint Investigative Team that he had not uncovered any red flags regarding Dames before his hire, two players expressed that concerns about Dames were known in the soccer community. As described above, U.S. Soccer's failure to share the findings of the investigation created the impression among players that Dames's conduct was acceptable. In the investigation commissioned by U.S. Soccer and led by Sally Yates, the former U.S. attorney general, one small reference was made regarding LaHue, which read as follows: Our investigation also uncovered examples of inappropriate conduct by club personnel. Burke acknowledged much of this conduct to the Joint Investigative Team, though he expressed that he did not view his conduct as problematic and claimed that some of the instances had been mischaracterized. 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. Though Levine cautioned Whisler against retaliation, Levine confirmed to Whisler the identity of the complaining player. h[ad] meetings in their hotel rooms and held these meetings with [the] door closed." Two players remembered that he lashed out at one player in particular, saying something like, "Everyone knows you want to have sex with me. Then-Sky Blue President and General Manager Tony Novo reported that by August 2017, there was "enough bad blood" on the team and Holly's relationship "became so disruptive to the organization that Sky Blue decided to part ways with him. Courage leadership was made aware of Riley's conduct toward Kurtz, who also reported her experiences directly to then-NWSL commissioner Lisa Baird in a group meeting last year. The Thorns's Flawed 2015 Investigation and Opaque Termination of Riley In addition, the Joint Investigative Team reviewed materials from the short-lived NWSL investigation and spoke to individuals involved with that investigation. The 2015 Thorns Investigation into Riley was mishandled, and the Thorns, U.S. Soccer and the NWSL consistently failed to treat the allegations and findings against Riley seriously and to be transparent about them. Vera Pauw shamed players for their weight and attempted to exert excessive control over their eating habits. Riley made shaming, non-performancerelated remarks about Kurtz's weight and appearance. Lydia Wahlke (U.S. Soccer, Chief Legal Officer, 2017-2020) For instance, one player said that while she felt Whisler "cared," she felt he did not "get it or understand what he lets happen." When LaHues termination was announced in June 2021, an NWSL spokesperson put out a statement via Meg Linehan on Twitter stating: Following a complaint, the league conducted an investigation and shared the findings of that investigation with Gotham FC. Burke used the N-word in recounting a story to a Black player, made jokes and racially insensitive remarks about Black Lives Matter, and used antisemitic language in comments to the team. 2. NWSL staff began reviewing and compiling the results of 2020 player surveys, but they did not complete a comprehensive review of the responses. Numerous individuals relayed that as a result, Cromwell and Greene stopped speaking to players who they believed had participated in the March Investigation and who did not show contrition in the aftermath. Some players reported the interactions made them uncomfortable, but they felt like they had to tolerate the behavior because they were concerned they would face retaliation, including loss of playing time or being cut from their team, if they raised any concerns. Moreover, individual acts of misconduct in the League cannot be addressed without considering the failures in institutional structures, policies, and proceduresat U.S. Soccer, the League, and individual clubs-that have allowed misconduct to persist. Texts between the player and Burke indicate Burke spoke to her supportively at one point in or around June 2020 about her She recalled that her interview for the role was conducted at U.S. Soccer, by U.S. Soccer employees. 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. The player wondered, "How the hell am I going to lose 10 to 15 pounds without starving myself? Of the ten clubs that were in operation in October 2021, seven did not have dedicated HR staff tasked with receiving complaints or reports of misconduct and with investigating misconduct. 9 One player told the Joint Investigative Team that when Black players raised the issue of race, they were "pushed to the side" or made to feel "crazy." In November 2021, the NWSL imposed requirements that prospective general managers, coaches, and presidents of clubs undergo background checks before being hired. Another child, tween, teen and beyond will know the world is better when it's . For example, when Racing Louisville hired Holly as its new head coach in August 2020, it conducted a narrow criminal background check, in addition to speaking with former employers. Novo explained that before this happened, players approached him and requested a meeting to share concerns about Holly. LaHue's inappropriate messages continued even after the player told LaHue that it felt like LaHue was acting like a jealous girlfriend," and asked LaHue to "accept that we are working together and nothing more. The player explained that although she repeatedly pushed back against LaHue's inappropriate 2. The Spirit suspended Burke pending an investigation initiated shortly after the Washington Post article was published, and the club fired him on September 28, 2021, following the completion of that investigation. to return to the club. When Riley was Farrelly's coach prior to the NWSL, he coerced Farrelly into having sexual intercourse on several occasions. I don't think it's common in the sports world to have an MBA. Key individuals involved in the 2015 Thorns Investigation and These comments constituted impermissible emotional misconduct because they had the potential to, and did, cause emotional and psychological harm by degrading, insulting, and belittling players based on their weight. One player, asked to differentiate between a coach she considered abusive and one that she considered a tough coach, stated that the abusive coach had a "power-craving take on coaching." Some coaches and staff staunchly defended certain conduct as "tough coaching," demanding, or directness, even when players found the conduct emotionally abusive. Moreover, NWSL staff reviewing player survey results-when they were reviewed-were not trained or provided any guidance on how to analyze player survey results for statements indicating misconduct and were not instructed to elevate any potential misconduct to NWSL HR or the NWSL General Counsel. The NWSL did not distribute player surveys in 2018 and 2019 due to bandwidth and resource constraints, and it did not distribute player surveys in 2021 in part because the NWSL received feedback from players on many topics covered in previous player surveys during CBA negotiations. Beginning in March 2022, the Dash instituted a practice of sending a weekly email to players containing information about the club's HR resources in an attempt to make reporting channels more visible to players. Despite having knowledge of Holly's relationship with Pearce Rampone, and of its negative impact on players at Sky Blue, no one at the club spoke to former Sky Blue players to ask for their perspective on Holly. On at least two occasions when Riley was recruited by the Flash and later when he was recruited by the Courage-the Thorns, U.S. Soccer, and the NWSL were not transparent with the recruiting club about the allegations and findings of misconduct against Riley in 2015. Riley directed For instance, a member of the NWSL office expressed concern in February 2022-over two months after the temporary protocols were implementedthat there was still "confusion" over whether certain members of club staff The Equalizer later reported that the investigation stemmed from a complaint filed with the league under its anti-harassment policy. Players may also report concerns via the NWSLPA hotline, the details for which are set forth in the policy, or to any team HR department, general manager, or administrator. Oversight Committee Composition and Operation. In a written statement to the Joint Investigative Team, Plush contended that he was "very clear" with Malik that the Courage should not retain Riley and that Malik should reach out to Paulson to understand why Riley was "no longer coaching in Portland. Plush said he made Malik aware that the Thorns had conducted an investigation into Riley, though he acknowledged he did not disclose the investigative findings or conclusions because he had been advised by counsel that this information was "confidential" and was not the League's information to share. The NWSLPA encouraged and facilitated participation by a significant number of players, past and present. A few weeks later, on June 12, 2018, another Red Stars player emailed the NWSL HR office to file a complaint about Dames and Whisler. 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." The Current's employee handbook states that employees "should not be employed in positions with supervisory responsibilities over the work of any family member or other person with whom the employee has a romantic or similarly close relationship," but it does not clarify if this applies only to relationships between club employees, or whether it also applies to relationships between club employees and players, who are NWSL employees. During the course of the investigation, an attorney from the law firm engaged by the Thorns provided Levine-who in addition to her duties at the time as general counsel of U.S. Soccer would advise the NWSL-with updates regarding the progress of the investigation. Such volatility was a common thread among many coaches in the League who engaged in other forms of emotional, verbal, or sexual misconduct. Shim also forwarded the complaint to then-NWSL Commissioner Jeff Plush. Additionally, the policy requires each club to designate two individuals to receive reports of potential misconduct, at least one of whom must not be the club's Board of Governors representative or head coach. She also said she was "petrified" that Wilkinson would trade her from the Thorns because Riley had portrayed himself and Wilkinson as good friends. As the investigator who led the USSF Dames Investigation told the Joint Investigative Team, [Whisler] was already aware of the concerns. 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. Holly also sent Simon videos of himself masturbating on Snapchat. Most players enter the League through a draft, and player contracts are not required to be guaranteed. Hammond said that Kurtz's agent had requested a trade, and Hammond reached out to teams to try to find a trade for Kurtz. Harrington responded that he reviewed his phone records, but he could not verify how the player contacted him. She was later named the team's interim general manager in April 2019 after former GM Tony Novo resigned. He asked her what she was eating, told her she looked chubby, and told her she would need to lose 14 pounds before the game to keep her starting role, telling her, "I hope you know I'm doing this because I love you." A player reported similar conduct by Dames to The Washington Post. Background checks and reputational vetting of player-facing club employees were not mandatory for much of the NWSL's existence. During the meeting, Holly was reportedly fidgeting and "fumbling over his words." One player reported that Riley, Wilkinson, and Thorns owner Merritt Paulson had a close relationship, leading to a perception that players could be traded for raising complaints against any one of the three. Riley encouraged her to order a drink, eventually ordering a bottle of wine and food for both of them. Burke also used racial slurs, made racially insensitive and offensive jokes, and undermined and discouraged activism on issues of race. One of the players perceived this as an attempt to convince them to go out drinking. Both she and other players reported that Dames would fixate on certain players when he was yelling. V. Summary of Inappropriate Conduct When Farid Benstiti was hired by OL Reign, he was explicitly instructed not to discuss weight or nutrition with players. The Joint Investigative Team requested documents from every club through the appropriate club official or club counsel. In 2014, while U.S. Soccer was managing the NWSL, then-NWSL Executive Director Cheryl Bailey sent USWNT player survey results to Red Stars owner Arnim Whisler. Shim told Garcia that she did not want Riley to coach anywhere in the NWSL, which is why she had alerted the NWSL commissioner, Plush. The League's Unstable History and Players' Fear of Collapse Paulson also told the Joint Investigative Team that Riley and Lines had a long-standing relationship," and at the time Some players and club staff explained that the apology was requested because players had violated COVID-19 protocols in the stands. Players also drew a connection between coaches who engaged in abusive behavior and coaches who, in the players' view, relished the feeling of having power over their players. This actually isn't okay. During a break for West Ham in the summer of 2019, Simon returned home to New Jersey, where Holly lived about 20 minutes from her home. Black Women's Player Collective representatives told the Joint Investigative Team that they experienced racial microaggressions on their teams. Paulson told the Joint Investigative Team that he had recalled that Golub received a call from Lines during which they discussed the allegations against Riley, but Paulson no longer believes that call occurred because Golub and others have told him it did not. The NWSLPA also established a 24-hour anonymous reporting system through which players could report abuse, and invited reports directly to the NWSLPA, the Joint Investigative Team, or to the NWSLPA's counsel at Weil. 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." Club policies only listed club personnelincluding supervisors, club presidents, other members of club management, and club HR departments-as potential reporting channels. Other individuals disputed this characterization. I. Williams, who was not at the meeting, reported being told by the Longs and a staff member that players were not happy because the team was not doing well. A former player stressed that "players married to staff members [and] coaches" is "an issue across multiple clubs." Multiple players reported concerns about staff members having frequent social interactions with players and controlling players' social lives. The Joint Investigative Team requested interviews of 11 current and former U.S. Soccer staff. Enhance Reporting and Investigation Procedures. 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. During the Pride's investigation, players corroborated these reports, although the investigation did not support some of the reported conduct, and Cromwell and Greene were given written warnings. Another NWSL employee expressed concern that criminal background checks are insufficient: "None of the issues we had last year with our coaches would have been discovered unless a reputation check had been conducted before they were hired. On October 26, 2015, the Thorns announced that they were trading Farrelly to the Breakers, a now-defunct NWSL club. Simon said she told Holly that now that he was her boss, he would have to stop the inappropriate behavior, and he replied that he had until January 1, because that was when her contract started. In the 2020 survey, a player for the Spirit wrote that Burke was "unprofessional in his communication with certain players, that he play[ed] major psychological games with certain players, and that he used demeaning language." This may require removing some questions that were included in prior player surveys that could be used to identify responding players, including questions about previous teams, pay, and nationality. 8 1. 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. 8. Clarkson was suspended in April amid an ongoing investigation, but until Wednesday, no reasons were provided publicly. Club HR staff also were not adequately trained or provided guidance on how to respond to allegations of misconduct or how to conduct sensitive investigations in a trauma-informed manner. These players' clear descriptions of particular experiences with Dames call into question the report's conclusion that players "struggled to articulate what they meant." In September 2015, Sky Blue, an NWSL club now known as NJ/NY Gotham FC, expressed an interest to the NWSL and the Thorns in speaking with Riley regarding a coaching position.