The NWSL completed an independent investigation, and it announced that based on witness interviews and a review of video footage, no disciplinary action would be taken against the club. The latest report also focuses on racism and microaggressions in a way that the Yates report did not. Adequately Staff the NWSL HR and Legal Departments to Complete Investigations into Allegations of Misconduct Thoroughly and Promptly The anti-bullying, anti-harassment, anti-racism, and anti-retaliation trainings should remind players and staff of the reporting channels available to report misconduct, including law enforcement where appropriate. 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. The player described feeling shocked at the sudden threat because her teammate "[hadn't] done a thing and was harmless." When the team arrived in Chicago, Dames "gave the team the entire weekend off." The report also details Clarkson's handling of an incident in Houston back in April 2021, when stadium security questioned the boyfriend of then Chicago Red Stars defender Sarah Gorden. The report states, Multiple individuals emphasized the critical insight that can be gained by speaking with persons knowledgeable about the candidate.. 2. Riley grabbed Shim, pulled her back against him, and tried to grind against her. When contacting former employers, the NWSL should not just verify employment, but should inquire into any past incidents of misconduct. Systemic bias disempowers women, people of color, and other historically marginalized groups. Additionally, club HR staff were not provided guidance from the NWSL on appropriate coaching behavior in a professional sports setting. 58, imbalance between supervisors and their reports; (ii) the threat of favoritism; and Simon felt scared and physically intimidated. The report summary further included the finding that [w]hile a few players described their belief that Dames inappropriately shares personal information they all appeared to be referring to the [same] incident." Coordinate with Clubs and U.S. Soccer to Improve and Centralize Hiring Practices Wilkinson also wrote to Riley in a letter, "While our investigation did not reveal any unlawful conduct by anyone, we did confirm that, on occasion, you exercised poor judgment in your interactions with one or more players." In his interview with the Joint Investigative Team, Whisler said it was "clear that it was mutually beneficial," especially given that the Red Stars were "probably the poorest team in the League." Where players' clubs shared ownership or management with men's teams, players reported that their owners prioritized the men's teams, even in cases where the women's teams were more successful. Players reported that the relationship between Williams and the owners made players feel that any complaints raised to ownership would get back to Williams. This framework remained unchanged until August 13, 2021, when the NWSL implemented a process requiring clubs to submit their head coach candidates to the NWSL for a background check and subsequent approval. The NWSL should ensure this training is mandated for all volunteers who regularly interact with players, including team chaplains and volunteer coaches. These factors do not constitute a bright-line test; The NWSL should advise clubs to offer players the opportunity to speak candidly about their views on prospective coaches or staff and should guard vigilantly against any potential retaliation or breach of confidentiality associated with players sharing their views. In the USSF Dames Report, Whisler explained Dames's behavior towards players as "a stress moment," and argued that Dames's yelling was "not derisive or demeaning, it's frustration." The Joint Investigative Team's recommendations are forward-looking and systemic in nature; rather than recommending discipline as to specific individuals or entities, the Joint Investigative Team's recommendations seek to improve the NWSL's policies and practices to prevent misconduct to ensure that players and staff within the League and its clubs feel safe and confident in reporting misconduct. Since the announcement of the NWSL and NWSLPA Joint Investigation, the NWSL has undertaken significant efforts to correct the systemic failures that allowed misconduct to proliferate. c) Inappropriate Player-Staff Relationships The player heard that during the meeting, Wilkinson asked about Shim's March 2021 email to the NWSL and stated he could not believe Riley had been hired by In addition to the USSF Dames Report's internal contradictions, the report summary inappropriately minimized the severity of players' concerns. While the player surveys asked players to rate the knowledge and skill set of certain club staff, including coaching staff, the surveys did not ask specific questions about any misconduct the players experienced or observed. The comments stated: "The head coach was disrespectful to players and created a hostile work environment. When U.S. Soccer did respond to the Joint Investigative Team's requests, it produced limited documentation and refused the Joint Investigative Team's request to identify the documents withheld.". In the almost year and half period from May 2018 to September 2019, the investigator spoke to only nine players. One player referred to Riley as verbally abusive. 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. The NWSL should also develop standards for evaluating an applicant's fitness for the position, based on the results of background checks, that are consistent with applicable legal restrictions, including applicable state laws. 112, As it moves forward, the NWSL should continue to take affirmative steps to empower players, hear their concerns, and implement reforms in response to player concerns. c) Other Incidents of Retaliation The Flash announced Riley as their head coach in February 2016. Holly complained to Simon about Hendrix and referred to Hendrix as a "cockblock." It should also provide examples of the types of personal attacks or degradation of players that are prohibited by the Anti-Harassment Policy. The lack of uniform NWSL-wide anti-harassment training contributed to players and club staff being unsure what conduct is appropriate and what behavior constitutes misconduct under the policy. The phrase 'using personal information against you' appears to be a catch-all phrase used by players to capture conduct by Dames that was perceived as being mean toward players on a personal level." III. a) Riley's Misconduct at the Portland Thorns 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. Players at the Dash told the Joint Investigative Team that they were unsure where to report misconduct by James Clarkson because they believed that he and club President John Walker were "best friends." However, she noted that she had asked a female staff member for help, and that when this staff member came over to help, Harrington "was also there." According to the report, one player recalled that players "felt forced to attend" social interactions with Dames, and if they did not, he "wouldn't look at [them] the next day at practice." Pauw appeared for but refused to cooperate in an interview with the Joint Investigative Team, but she provided a written denial of what she suspected were the allegations against her, including a statement that she has never remarked on any player's appearance. NWSL Expels 4 Former Coaches After BigLaw Abuse Probes - Law360 Ten days before the first game she expected to start, Riley 9. Going forward, the NWSL will, in accordance with its policies and procedures, investigate and address any allegations of misconduct that are reported through its established reporting channels. The Dash's policy was titled "Policy Against Unlawful Harassment." The severance agreement provided that "Dames and the [Red Stars] may in the future enter into a new independent contracting relationship and wish to make clear their ability to do so upon a mutual agreement." Multiple individuals emphasized the critical insight that can be gained by speaking with persons knowledgeable about the candidate and expressed the view that background checks alone are unable to detect every potentially problematic issue. Another player described being yelled at by another coach to the point where the player could feel [the coach's] spit almost in [her] face. A player at another club described a coach getting "really close" to her face during a game and screaming and cursing-conduct she had observed the same coach repeat with another player. Inattentiveness, neglect, and concealment allow misconduct to fester.. A witness recalled that when introducing a staff member to the front office, a general manager announced that the staff member was "engaged to one of [the] players." Adding to this controversy, in July 2011, the WPS players' union filed a grievance that accused Borislow of bullying and threatening players, and creating a "hostile, oppressive and intimidating work environment." A player recalled this same coach making comments about what players "had on their plates" and "food-shaming" players. Coaches' behavior may cross the line into emotional misconduct when their criticisms are divorced from performance-related or corrective language, including by using insults or derogatory language to criticize players, attacking characteristics of players that are unrelated to their professional performance, or threatening players' careers. Hammond recalled telling Kurtz in a phone call that the Courage were not able to find a trade for her. The calendar crisis explained. Farrelly emailed Wilkinson expressing discontent and concern that she was being traded so soon after the investigation into Riley's conduct. Develop and Enforce Guidelines Addressing Appropriate Interactions Between Club Staff and Players He has denied all allegations against him. 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. The Joint Investigative Team also reached out to approximately 150 current and former players individually by email, telephone, and/or text and invited them to share their, experiences with the Joint Investigative Team. According to Kurtz, Riley denied her request, telling her the club need[ed]" her. 91, The perceived absence of HR at the NWSL and its clubs meant that many players felt that they had no clear path to report misconduct they experienced. It was mean." 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. The Joint Investigative Team also did not find any evidence that Levine provided information about Riley in response to the Courage's due diligence requests for information, or that she shared information about the 2015 investigation with the Courage. Duffy similarly stated that she did not recall why Levine sent her the report at that time. One player said that the observed closeness between Holly and the staff member created a crazy, weird power dynamic," where the staff member was given improper decision-making authority over issues like nutrition. Players Lacked Clear Guidance Regarding What Constituted Misconduct .. One player compiled other players' accounts of Benstiti's speech into a formal complaint, which reported that Benstiti said, "If I see you [eat] snacks, I will kill you; told players he would be monitoring their food and snacks; and "specifically brought up Lindsey Horan and said, 'I don't care, I will do the same thing and I don't care if it's in the paper."" 7. The U.S. Soccer investigator also took at face value Whisler's claims that he was "very accessible" and that players could come to [him]" with their concerns. The NWSL should store all certifications in a central location. Most prominently, on September 30, 2021, The Athletic reported that then-North Carolina Courage Head Coach Paul Riley had engaged in sexual misconduct during his tenure as head coach of Portland Thorns FC. The history of women's professional soccer in the United States, and the looming possibility that the NWSL would fold as its predecessors had done, was never far from players' minds, in part because clubs explicitly relied on that history to stifle criticism. Behavior 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. Mishandling of Rory Dames's Misconduct by U.S. Soccer, the NWSL, and the Chicago Red Stars After the 2015 Thorns Investigation commenced, Plush followed up with Shim by email, notifying her that the League was monitoring the investigation and stating, [If] there is any additional information that you wish to provide me, separate from what you have discussed with Portland's human resources manager, or if you have concerns about the investigation, please feel free to reach out to me directly." Shim later recalled that during the interview, Garcia appeared focused on whether Riley had engaged in unlawful harassment, and Garcia expressed that Shim did not have a legal claim because she was not able to provide corroborating evidence. Some players viewed this as defending stadium security staff. Despite the discussions between U.S. Soccer, the NWSL, and both the Thorns and Courage regarding Rileys unsuitability to coach the USWNT, no steps were taken to remove or prevent him from coaching NWSL players, the report alleges. 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." Kaleigh Kurtz, who reported experiencing sexual misconduct from Riley at the Courage, said that she did not report Riley's behavior in the past out of fear of being called a "troublemaker," but that she felt comfortable being named in this Report because "players who come forward will be protected." Insufficient Understanding of the Respective Roles of U.S. Soccer, the League, and Clubs in Investigating Misconduct b) According to Starr, Simon "begged her" not to say anything to anyone. Each individual was invited to speak with the Joint Investigative Team. A majority of interviewees believed that Clarkson's mood could be unpredictablethat he could be hot or cold, or they would not know what to expect in terms of his attitude on any given day. North Carolina Courage Compounding this effect, the League lacked trainings, policies, and other resources on harassment, abuse, and other forms of misconduct. Although the Thorns conducted an investigation in 2015 that led to Riley's termination, the Thorns publicly announced only that Riley was not being retained, with no explanation as to why. A third player reported that Pauw's presence limited players' training routines, and that she could not use the apartment complex's weight room because Pauw prohibited players from lifting weights on the belief that it would make them "bulky. They were also informed that players had come to Riley's apartment after drinking at a nearby bar and that an allegation was made that Riley had suggested two players kiss. 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. In December 2013, Whisler emailed Cheryl Bailey that he had "sat with [a player] and addressed" her concerns about Dames; he then speculated, "Whatever the [player's] story is now it is window dressing likely because she wants more money." Players, fans, and the public expressed anger that the NWSL and its member clubs had failed to protect players while shielding perpetrators from public humiliation or the loss of job opportunities. In another incident, players reported that Clarkson criticized an injured player. Players and staff also described coaches creating emotionally toxic workplace environments by subjecting players to volatility or manipulation. Seven days after the investigation began, Garcia completed a final investigative report, dated September 23, 2015, which was reviewed by attorneys from the law firm retained by the Thorns.
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