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Cone told the Joint Investigative Team that prior to her discussion with Malik, she had received a phone call from a player agent stating that Riley had previously acted "inappropriate[ly]" towards a Thorns player. As one player described, Riley made it seem like "he had a direct line" to the USWNT head coach, and so as a player "you were willing to do everything he said to get you there." Rory Dames engaged in both verbal and emotional abuse and made racially insensitive and sexist comments to players. At least one player and a volunteer at the club corroborated that Holly treated Simon harshly. Another player said, "There's a time and a place for a good yell." O'Connor defended the club's approach, saying he told the players that everyone would get together to discuss their concerns. In the course of 2021 alone, six of the League's then-existing ten clubs fired or accepted the resignations of general managers or head coaches due to misconduct, in some cases misconduct that had persisted for years. Establish Guidelines Addressing Appropriate Meeting Locations for Oneon-One Meetings Between Club Staff and Players Riley continued his inappropriate conduct (both sexual and non-sexual) towards players while coaching for the Courage. One player who witnessed this incident described that Dames's comments that had nothing to do with actually playing soccer" were constant." Many players and staff admitted that they struggled to identify the line between emotional misconduct and tough coaching." The anti-retaliation trainings should explain that ostracizing players or staff or ignoring them, denying players certain training opportunities or playing time, or showing favoritism toward certain other players or staff could be retaliatory if a motivating factor for engaging in the conduct relates to those individuals participating in a Protected Activity under the AntiHarassment Policy. 18.2k members in the NWSL community. After she told Holly not to touch her, Simon felt Holly was harsher to her on the field: yelling at her frequently, taking her out of games regardless of her performance, and refusing to shake her hand when she came off the field, but shaking other players' hands. The report, however, acknowledges that "a majority of players expressed the view that Clarkson's treatment of players did not rise to the level of abuse or misconduct. 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 When asked about this incident, Burke denied ever having yelled at a player who appeared to be experiencing a panic attack and explained that he always tried to make players laugh and feel comfortable before and during games. Though the club did not provide a reason for Benstiti's resignation at the time, The Washington Post reported later that year that Benstiti had made inappropriate comments to players regarding their fitness and nutrition." Plush wrote that he was "very careful in describing the situation" with Riley because he had been informed by counsel to U.S. Soccer that he could not share the Thorns's investigative report or its details. The NWSL should provide mandatory and comprehensive annual anti-bullying trainings to address non-abusive approaches to coaching and to empower players to recognize and report misconduct. 76, ever having a second discussion about the remark with the player. 5 The NWSL should strictly enforce the 2022 Anti-Harassment Policy's requirement that complaints or reports of potential policy violations be elevated to the NWSL within 24 hours of receipt to ensure the NWSL is equipped to investigate promptly and immediately take interim measures to protect players as needed. Because the Joint Investigative Team was not tasked with imposing discipline on individuals accused of misconduct, it expresses no opinion on whether it would be appropriate to impose discipline for conduct that would have violated a policy that did not exist when that conduct occurred. Former NY/NJ Gotham FC general manager Alyse. Former USWNT General Manager Cheryl Bailey would serve as the League's executive director. 2. On the other hand, some thought Clarkson handled the situation well and reported that he later expressed his support and apologized if he had appeared insensitive. 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." Golub told the Joint Investigative Team he did not recall speaking with Lines during that time regarding Riley. Giving Lahue a pass for something that is now a clear violation just because it's a newer policy would defeat the point of that necessary policy in the first place. In August 2019, a Thorns staff member emailed a draft public statement (which was never publicly released) to Paulson and Golub for review. Accordingly, she cooperated in the first, second, and third investigations into alleged conduct from April 2020 reported in June 2021. Any individual who receives a report of potential misconduct must immediately submit the report to the NWSL HR Office. Two overlapping trends factor into why there are two major reports on systemic abuse in the NWSL: a lack of trust in reporting systems, and a lack of accountability among those in positions of power. Paulson thought Malik was "making a decision about the likelihood that Mana's complaint would go public," and that the Courage would be less inclined to allow Riley to continue as a coach if another team had terminated him. Summary of Inappropriate Conduct.. A. . 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 . Pauw acknowledged that at the end of the season, a player had raised concerns to Pauw that Pauw's mistreatment had caused a teammate's eating disorder, but Pauw denied any role and stated that the reporting player should have "tak[en] responsibility as an adult by looking out for her teammate sooner. Whisler said he then proceeded with the trade based on "soccer reason[s]" after consulting with the League. "A review of the available investigative reports related to all historical complaints of discrimination, harassment, or abuse (physical, emotional, or sexual) in the NWSL, and where necessary, a reopening of the respective investigation, or the initiation of a new adjudication process. After participating in an initial interview with the Joint Investigative Team, LaHue, through her counsel, canceled another scheduled interview and declined the Joint Investigative Team's repeated requests to reschedule. Press's complaint was not the first time she had raised concerns about Dames's treatment of players to U.S. Soccer leadership and staff. One of these players reported that Dames's late-night texts on subjects unrelated to soccer felt "inappropriate." This was despite Shim and Farrelly both indicating in their 2021 communications that they were dissatisfied with the NWSL's response to the 2015 complaint and investigation, and Farrelly providing additional information regarding Riley that should have been of interest to the NWSL. Instead, the report concluded: "The only result that is clearly called for by this external review is the establishment of standards for conduct by NWSL coaches and education on those standards, to resolve any uncertainty going forward." On July 2, 2021, OL Reign announced, Farid Benstiti has resigned his position as head coach of the club with immediate effect. One player told the Joint Investigative Team that they felt Benstiti should have been fired and there should have been a private apology from the club to the players and a commitment to do right by the players. While Gotham's July 2021 announcement of General Manager Alyse LaHue's termination specified that LaHue had violated "League policy," it did not specify that she had violated the League's prohibition of harassment. According to Markgraf, Wahlke said that the Thorns had investigated the matter, and Markgraf understood from the conversation that Riley had been cleared and that his departure from the club was not related to the 2015 investigation. According to the report, she denied the allegations. She said he told her, "Let's meet and talk," and, "If you're up really late, you can come talk to me." a) Definition of Retaliation Leading up to this meeting, Simon had been nervous, because she had been able to avoid one-on-one meetings with Holly until then. 11 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." In 2019, several media outlets, including Yahoo! 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. The same player stated that Holly would "attack" another player about her boyfriend, and Holly would tell this player that he felt like he was dating her. Whisler himself admitted that the club had an inadequate HR person and the person who served as "HR lead for the club at the time scare[d] people, exacerbating these problems. In a public tweet the day of Holly's departure, the club wrote, "You were always an amazing asset to Sky Blue FC, and words cannot ever express how much we appreciate everything that you did for us." Aline Reis did not fully cooperate with the retaliation investigation, including by pressuring players to share favorable information with investigators. While the temporary protocols mentioned only coaches, general managers, and team presidents, in practice, the NWSL directed clubs to submit for background checks all employees who work closely with players. 31, [U.S. Soccer] are aware of the issues because they were raised when he was at the Thorns." Emotional Misconduct The report identifies several instances in which basic criminal records checks would come back clean, but where reference checks would have revealed character issues regarding potential hires. On one occasion at his house, Holly grabbed Simon's breasts while Pearce Rampone was present but had her back turned. Gulati, who said he had never received the 2015 investigative report, said that although he could not remember clearly, he surmised that he was given legal advice by Levine not to disclose or discuss information regarding the allegations and investigation by the Thorns. One of these players said that the dual head coachgeneral manager role was "a nightmare." I'm the Inquirer's soccer reporter, covering the Union, MLS, the NWSL, the U.S. men's and women's national teams, and Philadelphia's place in the world's game. At the end of the investigation, the Joint Investigative Team delivered this Report to the NWSL and NWSLPA. Although Racing Louisville spoke to both Temares and Smoot about Holly, both Temares and Smoot only recalled discussing that Holly's departure related to his alleged relationship with Pearce Rampone. Shim told the Joint Investigative Team that it would be an easy thing for Riley to claim that her performance had decreased to justify the drop in playing time. as leverage to manipulate players. One player recalled that at Dames's suggestion, she spent more time socializing with players identified as Dames's favorites. In addition, while Cromwell and Greene denied knowing who made complaints about them during the March Investigation, the evidence suggests that they formed a belief as to which players made complaints or spoke negatively about them in connection with the March Investigation. sex. Finally, NWSLPA Executive Director Meghann Burke said she warned Baird in July 2021 that Baird would receive a complaint against Riley and that Baird should take the complaint seriously. In some of these texts, Riley had noted that his messages to Shim "get a bit riskee [sic]," and he complained that he never saw Shim alone, telling her, "[Y]ou avoid me like the plaque [sic]." Despite reports from players that club staff and ownership were aware of Burkes mistreatment of players, the Spirit did not launch an investigation into Burke until the club learned that a Washington Post article would publicly reveal allegations that Burke verbally and emotionally abused players and made racially insensitive comments. Until 2021, the NWSL did not have a formal policy prohibiting harassment. All of the interviews, except the interviews of Shim and Farrelly, occurred by phone. He remained with the Flash until the club was sold in 2017. The close timing between the March Investigation and the proposed player transactions creates a reasonable inference that the decisions were motivated in part by retaliation. One player said, After games, you could find [Riley] at the bar with players buying drinks, which she felt crossed "a propriety line." That same day, NWSL General Counsel Lisa Levine also resigned. In a follow-up interview, the lawyer said the alterations were not made by Ms. LaHue, and did not provide any further details. 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. Four days after that, Equalizer Soccer reported the anti-harassment detail. 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. The League should consider requiring that clubs certify that they have revised their anti-harassment policies to meet the baseline requirements of the League's Anti-Harassment Policy and that they have disseminated their policies and the League's policy to all staff and players. Jeff Plush (NWSL, Commissioner, 2014-2017) In announcing his resignation, which immediately preceded the Washington Post article detailing his abuse and harassment of players, the Red Stars credited Dames's "leadership" for the club's "consistent" and "excellent" on-field performance. There is no evidence that any additional investigative steps were taken between September 2019 and Wahlke's departure from U.S. Soccer the following year. The Flash announced Riley as their head coach in February 2016. In the commercial, she discussed a time when she beat all of her teammates in a physical fitness test but her coach said, in front of the whole team, Lindsey, you're not going to play in any games until you lose more weight." Players should be advised that the information they share during exit interviews may be shared with other clubs, but in a fashion that does not identify the player who provided the feedback. Similarly, Levine reported that, prior to 2020, the League had only been involved in one or two investigations, and that no formal procedure for handling complaints had been developed. Making recommendations on discipline for individuals or organizations was outside the scope of the Joint Investigative Team's work. For instance, former Red Stars player Nikki Stanton recalled that she felt "worthless" during her time on the Red Stars, but she prided herself on being a good teammate and maintaining a positive attitude. Inattentiveness, neglect, and concealment allow misconduct to fester.. The 2022 NWSL Anti-Harassment Policy contains a similar provision that "[s]upervisors in NWSL, including supervisors affiliated with or employed by Teams, are required to report promptly all complaints or reports of misconduct (including incidents of workplace discrimination, harassment, or bullying that they experiences, witness, or receive information about, whether or not reported as formal complaints) and all other potential violations of this policy to the NWSL HR Manager." 3, violations of those policies-to identify and reform deficiencies. 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. The same day, The Athletic reported that the investigation was related to a violation of the NWSL's anti-harassment policy. Afterwards, Riley asked her for a ride home, and she declined. d) Club anti-harassment policies generally provided reporting channels for employees who believe they were subjected to or witnessed discrimination or harassment; however, none of these policies listed the NWSL HR Office as a reporting channel. The report makes a number of suggestions on guidelines that can create this stability moving forward for the league. The investigator did not ask the players about this assertion or take other steps to determine the accuracy of the claim that the players wanted to return. IV. On August 15, 2019, Levine forwarded to Duffy the 2015 email in which the attorney retained by the Thorns in connection with the 2015 Thorns Investigation into Riley made the unexplained statement that the investigation revealed no "unlawful harassment" and to which the attorney had attached the Thorns's 2015 investigative report regarding Riley as well as supporting texts and emails. At the same time, Spirit players reported that Burke also used the full N-word in recounting past racism against a family member; asked players if he should sing the "Black version" or "white version" of "Happy Birthday"; and joked, to a player wearing a Black Lives Matter shirt and who had a black eye, that "black eyes matter." The club did not take steps to determine if Riley's conduct extended beyond an isolated comment or to other players. Numerous individuals reported that Cromwell and Greene stopped speaking to players who they believed had supported the allegations under investigation and who did not apologize to Cromwell and Greene for their participation in the March 2022 investigation. In June 2021, on behalf of a Gotham FC player, the Clubs Director of Operations submitted to the NWSL a complaint alleging that Gothams General Manager Alyse LaHue had harassed a player. In her email, the player said that she wanted to "report[] her owner" for "neglecting issues he is aware of" and alleged that Dames was engaging in inappropriate relationships with players.' The Courage never received a copy of the report or learned the full findings, which also discussed Riley's other serious misconduct. Create and Enforce a Policy Discouraging the Use of NDAs in Connection with Allegations of Misconduct The union is referenced by players in the report as a default place to voice concerns, for lack of historical human resources departments in the league and at clubs, but concerns remain over how reported complaints are handled. In any case, Riley told them that if they kissed, the team would not have to run the "suicide mile, an intensive fitness drill, that week. Gulati told the Joint Investigative Team that he believed he read the player survey results, but he did not recall being aware of 2014 player comments that indicated Riley was verbally abusive. Farrelly said she felt coerced by Riley into having sexual intercourse on several occasions thereafter. In one instance, players reported that Pride Head Coach Amanda Cromwell and Assistant Coach Sam Greene ignored a player who was having a panic attack. C. Continue Efforts to Improve and Increase Access to Reporting Channels Across All Clubs 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. If the NWSL receives a complaint or report of alleged misconduct regarding club staff, it should consider requiring that club to report any planned player transactions or staff terminations to the NWSL for the remainder of the current season and the following off-season. During this meeting, Starr shared Simon's name. What follows is a high-level summary of the Joint Investigative Team's findings related to these key individuals and entities. Behavior In a separate survey of USWNT players, there were several negative comments about Dames: survey comments stated that the "head coach was disrespectful to players and created a hostile work environment." U.S. Soccer's failure to exercise its power as manager in this regard contributed to widespread confusion across the League, clubs, and players, as to which entity was tasked with preventing and addressing misconduct. It's across the League. As a result, players felt they could not "risk going for dinner." Recommendations For example, Racing Louisville player Erin Simon observed that former Racing Louisville Head Coach Christy Holly, discussed at length below, would inappropriately put his hands on players "all the time in training, and a rookie teammate went along with his inappropriate touching because she was a bench player and feared being cut from the team. Gulati recalled this email and stated, "I don't know what else we can do when [Whisler] doesn't accept the coach's resignation." Background The NWSL and NWSLPA authorized the Report's release, in its entirety, to the NWSL community and the public. The agreement also provided that Racing Louisville would take over the future payment obligations of Holly's apartment lease if Holly vacated the apartment. For example, a player described Pauw saying to a player, when that player lifted her shirt to wipe her face, "Put that away." After this exchange, the player reported having a panic attack in the locker room, and multiple interviewees described her as crying and visibly upset when walking onto the field for the game. For example, players at the Thorns and at Racing Louisville were unaware that both clubs had designated full-time HR staff. Even when these meetings were strictly professional, players expressed discomfort with meeting coaches in their hotel rooms. Plush stated that he was advised by counsel that such information was "confidential" and could not be shared by the League. The League should be transparent with players about progress and should provide players with a formal platform where they can share ongoing concerns with management and the Board of Governors. However, Wahlke did not take steps to engage with the League or the Courage about why Riley was still coaching in the NWSL. The NWSL and U.S. Soccer in multiple instances did not investigate or address comments from player surveys stating that club staff engaged in misconduct. The NWSL should enforce appropriate discipline against NWSL and club staff and players who do not timely Another club staff member felt that Holly lost trust in the locker room" because of his romantic relationship. The complainant explained that one night, Riley told two players that the team would not have to do fitness drills if they kissed. When asked about this conversation, Whisler acknowledged that it was a clear attempt at retaliation," and said that he told Dames that was not an appropriate reason for the trade. Wilkinson and Paulson told the Joint Investigative Team that they were not aware of Shim's 2021 email to Baird. Riley told her he would do whatever he could do for her, adding, "You know I love you." Two players said they sought therapy. 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. While it appears Gotham and the NWSL handled the complaint made regarding LaHue in a timely and appropriate manner once it was reported, there must be steps taken to prevent misconduct from occurring in the first place, and ensure that players feel comfortable reporting it if and when it does occur. The subjective experience is important to consider when assessing whether conduct rises to the level of emotional misconduct. In Ep. Awesome! 1. Clubs and Owners Interviewees reported that the performance staff told Clarkson that the player was dealing with altitude sickness (Mexico City is over 7300 feet above sea level). This disclosure should be made in a manner that protects the confidentiality or anonymity of anyone who has experienced or has reported misconduct. One of the players interviewed by Garcia by telephone told the Joint Investigative Team that her conversation with Garcia involved general questions, and she was given no indication that the conversation was part of an investigation. The day after the player spoke to the NWSL about her complaint, Dames texted Whisler that he was planning on waiving her. Following the revelations of Riley's sexual misconduct on Sept. 30, 2021, the NWSL and the NWSLPA separately sought to conduct investigations. Players reported that club staff living with players allowed the staff to exercise control over players' personal lives. The NWSL should consider engaging with the Black Women's Player Collective and players from other historically marginalized groups to understand how microaggressions or racist, antisemitic, homophobic, and other derogatory language may manifest in the NWSL environment and how the policy may be updated to address such issues. The club fired LaHue in July 2021. 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.". 46, of Dames's issues with the player's boyfriend. These behaviors undisputedly occurred and are still occurring." The Joint Investigative Team concluded that Cromwell and Greene violated the NWSL's 2022 Anti-Harassment Policy prohibiting retaliation. 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 these instances, U.S. Soccer, the League, and the Thorns shared incomplete and high-level information about Riley's misconduct, which underplayed the extent of his misconduct. 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. In written responses to questions posed by U.S. Soccer and provided to the Joint Investigative Team, Flynn As discussed above, the USSF Dames Investigation resulted in a draft" report. The evidence shows that LaHue then followed up with, "You were going to get a massage, I didn't see it. Consistent with the CBA, the NWSL should require coaches to adhere to medical staff's decisions for a player to train, play, or return to play. 6. Finally, in certain instances where players reported concerns publicly, including on social media or in statements to the press, or have otherwise authorized the Joint Investigative Team to use their names, this Report identifies those players where appropriate. As discussed above, this player was subsequently traded in circumstances suggesting that the trade was retaliatory.