This prevented the Joint Investigative Team from timely gathering documents and information relevant to the investigation, and substantially delayed important parts of this investigation. . She recalled reading texts that said, "You're nothing without me. 2. 90, with NWSL policies were unclear as to what those policies were and what club employees' obligations were. 30, requests from the Joint Investigative Team, making it likely that Paulson understood that there would be limitations on the NWSL's ability to share it. For example, the report summary stated, "The players broadly described how Dames did not maintain professional boundaries, was too close to certain players, and tried to gather information to get close to others. 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. She told Clarkson during a water break shortly after entering that she had to come off the field due to her injury. 82, September 30, 2021, assistant coaches and any other club staff who would "regularly interact with the players" also became subject to NWSL vetting. Two people used the phrase Jekyll and Hyde" to describe Holly. 6. Women's Soccer Bans Ex-Coaches and Fines Teams After Misconduct Report The League added seven expansion teams, and four teams were rebranded or relocated. C. Starr also recalled Simon showing her text messages she had received from Holly, including messages 65, Some witnesses also expressed concern that the experiences of players of color were discounted or not taken seriously. Some players reported that Clarkson's unpredictable mood contributed to a culture of anxiety. Misconduct against players has occurred at the vast majority of NWSL clubs at various times from the earliest years of the League to the present.". In this meeting, she recounted that Riley sent her text messages that made her uncomfortable and refused to trade her from the Courage despite her request for a trade. B. The League should request mutual cooperation and informationsharing from U.S. Soccer and other organizations to ensure the League is made aware of findings of misconduct concerning candidates seeking employment in the NWSL. At the start of the 2022 season, the NWSL consisted of 12 teams: Angel City FC, the Red Stars, the Dash, Kansas City Current, Gotham, the Courage, OL Reign, the Pride, the Thorns, Racing Louisville, San Diego Wave FC, and the Spirit. Another player @sarahlgorden I'm so sorry for what happened to you & your loved ones. 4. On one occasion, Holly took her upstairs and began showing her film and discussing soccer, but then he searched for and showed her pornography. Alyse LaHue, General Manager of the NJ/NY Gotham FC Women's Football Team Lisa Ferkul, Director of Hockey Sponsorship at Scotiabank Andrew Sutherland, Vice President of Marketing, Creative and Original Content at Sportsnet What were the takeaways? 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, she did not name Simon. E. Consider Establishing Guidelines Regarding Socializing Between Players and Individuals with Supervisory Authority Additionally, Paulson told the Joint Investigative Team that Wahlke contacted him at that time regarding Riley, and the two discussed the Thorns's 2015 investigation. 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. Ms. LaHue has sat for approximately seventeen (17) hours of interviews and continually requested access to materials related to her case., According to the joint investigative report, LaHue participated in an initial interview but later canceled another scheduled interview through her counsel and declined repeated requests to reschedule. Riley told her he would do whatever he could do for her, adding, "You know I love you." 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. 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. Her dismissal was based on the results of an NWSL investigation into a . However, Benstiti did not comply with that directive. Plush stated that he was advised by counsel that such information was "confidential" and could not be shared by the League. However, in a June 14, 2018 email, Wahlke informed Flynn and then-U.S. Soccer Chief Commercial Officer Jay Berhalter that she had "expressly taken [the investigation] over from [the NWSL]" because it overlapped with U.S. Soccer's ongoing review. If a club staff member who has been found to have engaged in misconduct seeks a position at another club in the NWSL, the NWSL should promptly alert that club of the prior misconduct. All of the interviews, except the interviews of Shim and Farrelly, occurred by phone. Even though Farrelly did not disclose Riley's other misconduct towards her, the 2015 Thorns Investigation uncovered information suggesting that Riley and Farrelly had a more extensive relationship. 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. The failure of clubs, at least in some instances, to submit coaches and staff for required vetting may reflect both confusion on the part of clubs as to which staff members require NWSL vetting, as well as a lack of controls over that process. 8 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. I'm going to watch what you eat," and the other recalled Three players said that they heard Dames make racist remarks, including referring to black players as 'thugs and telling one Black player that she was acting like a gang member after a game in which [she] played aggressively." Limitations and Challenges Maybe. According to Levine's notes from that conversation, Whisler immediately guessed which player had raised the complaint, then speculated that the player had "lost her starting job and might be "trying to take [Dames] out." In response to her request, Courage Assistant General Manager Bobby Hammond conveyed to Kurtz or her agent that the club was unable to find a trade for her, but that it could increase her salary by a "few thousand dollars." The NWSL should provide clear guidance to players, club staff, and League staff addressing how to use the program and clear examples of disputes that are appropriate for the program. Baird suggested to Levine that they should set up a call with Farrelly, but Levine stated that they should email Farrelly first. The Joint Investigative Team sent emails to all current and former players for whom the NWSL maintained an active email address, encouraging players to share any information about harassment, abuse, bullying, discrimination, or any other misconduct they experienced or observed during their time playing in the NWSL. The changes we made were to become a better soccer team." Several players raised concerns about Riley encouraging players to drink to excess. (Racial microaggressions are intentional or unintentional verbal or behavioral actions, often brief and commonplace, that insult or discredit people of color). The NWSL should require clubs to review and update their anti-harassment policies to be at least as protective of individuals who file complaints or participate in NWSL investigations as the NWSL Anti-Harassment Policy. First, the 2015 investigation conducted by the Thorns had several shortcomings. And Levine, in spite of having been kept apprised of the Thorns's investigation in 2015 and having read the investigative report, did not take Shim's and Farrelly's 2021 complaints to the NWSL regarding Riley seriously; in fact, Levine drafted responses on which Baird-who had no prior familiarity with the 2015 investigation-relied to respond to Shim and Farrelly and essentially decline to inquire into Riley further. Such policies can create veils of secrecy around the dismissal of some coaches and allow them to be rehired elsewhere despite their misconduct. While Whisler acknowledged receiving each of these complaints, he said he felt there was no "pattern" of complaints and wished he had received more information in order to take action earlier. They also found former Utah Royals head coach Craig Harrington to lack credibility while offering defenses of his actions, which ranged from drinking with players (including once at a strip club while an assistant coach in Chicago), attempting to enter a player's hotel room and inappropriate comments of a sexual nature. She was mindful of his ability to control her playing time or trade her to another team, and she felt she owed him because he had worked to keep her in Portland. A player at Racing Louisville reported feeling that complaints about Christy Holly were not appropriately addressed due to the close relationship he had with club management. The caveat, "if they were made," ignores the undisputed fact that Dames admitted to calling a Black player a "thug." 1. For example, one player recalled reaching out to an owner regarding a housing stipend that clubs could provide to players. Holly lived in the same apartment complex with players at Racing Louisville, and he tried to get Simon to go to his apartment many times, but she refused. NWSL abuse: Coaches Riley, Dames, Burke, Holly permanently banned from A. The agreement provided Dames with an additional five weeks of pay, and prohibited Dames and the Red Stars from disparaging the other or disclosing to anyone the existence and content of the agreement, with no exception for cooperation with the ongoing investigations. She recalled feeling like she was being punished by them for her mental health struggles and for choosing to be home with her family during that time. LaHue was appointed as general manager of NJ/NY Gotham FC (formerly Sky Blue FC) in September 2019, and has been credited with playing a major role in turning the club around, both on and off the . 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." This left players "confused about what [Riley] wanted from them," and whether the trip was "training or vacation." In her summary of the conversation, Levine noted that she had cautioned Whisler about potential retaliation. U.S. Soccer. Additionally, 15 current and former NWSL staff members engaged in interviews or provided documents, as did 11 current and former U.S. Soccer staffers. The NWSL planned to offer the same in-person anti-harassment training in 2020 but did not do so due to the pandemic. Portland Thorns 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. For example, one player explained that because of Riley's past behavior, she feared he would retaliate against her if she ever spoke out against him. D. The annual anti-bullying training should provide examples and explain the meaning of bullying and emotional abuse as defined in the Anti-Harassment Policy. This incident was corroborated by both players and staff members. In addition to their many concerns about Dames, players told U.S. Soccer's investigator they felt the club's owner, Arnim Whisler, was insensitive and unresponsive to their concerns about Dames." The individual incidents and recurrent practices detailed in this Report reflect the experiences of players, not only in isolated moments but also more broadly, as women playing soccer in a league historically owned and run by men. These players reported that Dames engaged in consistent patterns of behavior over his tenure as head coach, including frequent yelling, targeting certain players for harsher treatment, lodging personal insults, and blurring personal and professional boundaries. Alyse LaHue on Twitter Lydia Wahlke (U.S. Soccer, Chief Legal Officer, 2017-2020) Club staff and players reported that some staff members held meetings with players in staff hotel rooms, rather than in public meeting rooms. face allegations of misconduct. In 2020, the NWSL investigated Dell Loy Hansen, then-owner of the Royals, for making racially offensive comments. According to a player at the first club, the staff member used [their] power to help th[e] player" they were dating. The background checks should continue to be conducted by professional employment services companies in a manner consistent with any applicable legal restrictions and guidelines. In a news conference after the reports release, NWSL commissioner Jessica Berman said that neither she nor NWSLPA executive director Meghann Burke had prior approval of the report before it was published. The same player said that Holly told her she should send a photo to someone she had planned to meet for a date but who did not show up for the date. The Thorns's public announcement merely stated that Riley would not be retained as head coach for the 2016 season, without mentioning the investigation or termination, and without providing any reason for Riley not being retained. (iii) disruption of the team environment. Inadequate individual and institutional responses to this misconduct can further normalize and perpetuate the underlying bias, and dissuade reporting. The NWSL should consider creating an Alternative Complaint Resolution program as an additional resource to address conduct that is not covered by the Anti-Harassment Policy. sex. Estes, O'Connor, and Wilkins attended this meeting with players. One owner said, "I came on as a passive investor. She was left unprotected by the Thorns in the 2014 expansion draft and was selected by the Dash for the 2014 NWSL season. Investigators say they "reviewed approximately 200,000 documents.". Vera Pauw shamed players for their weight and attempted to exert excessive control over their eating habits. The League and Clubs Failed to Take Adequate Steps to Protect Players in Hiring and Filling Positions Former U.S. Soccer President Sunil Gulati observed that it was a challenge every year to get the owners to come back for another year and lose money. Multiple players recalled former Thorns Head Coach Paul Riley informing players that he could influence their national team call-ups. Nonetheless, the Joint Investigative Team faced a number of limitations throughout the investigation. One player referred to Riley as verbally abusive. 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. In the report's summary, which preceded the conclusion, the investigator flagged as problematic three additional issues beyond Dames's three undisputed behaviors." During the spring of 2021, the 2015 complaints against Riley resurfaced. From her perspective, the concerns about Dames were not an emergency situation because the players identified as Dames's primary targets were no longer with the team" and the issues involved "older conduct." 48, lack of information sharing deterred players from speaking out and left players with the impression that Dames's conduct was appropriate. Kansas City Current Paul Riley engaged in sexual misconduct towards Sinead Farrelly and Mana Shim. The NWSL should consider consulting with the NWSLPA regarding how to best inform players about the results of such investigations in a manner that protects the confidentiality of players and other individuals who cooperated in the investigation. The U.S. Women's National Team (USWNT") has consistently ranked in the top of FIFA's rankings and has never finished below third place in the Women's World Cup. . The league retained Covington & Burling LLP, while the NWSLPA retained Weil, Gotshal & Manges LLP. Levine told the HR employee not to worry about the email from Farrelly because a third party had already investigated the allegations and found no fault, and Riley had been hired by another club following the investigation. To learn more about player experiences in the NWSL, the NWSL should consider administering annual player surveys that include questions addressing misconduct, awareness of and accessibility of reporting channels, and team culture. 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. Whisler has demonstrated a willingness to counsel Dames and shut down offensive conduct." After Holly learned that a different starting player had complained about his behavior to club leadership, he demoted her to training with reserve players. Years after both Shim and Farrelly left the Thorns, the former teammates spoke about their experiences with Riley, and Farrelly shared with Shim her own experiences with Riley's misconduct. The NWSLPA and the League began collective bargaining in late 2020, and Meghann Burke was hired to a full-time position as the Executive Director of the NWSLPA in early 2021. The Dash's policy was titled "Policy Against Unlawful Harassment." (There have already been consequences since the Yates report, including Merritt Paulson and Arnim Whisler agreeing to sell the Portland Thorns and Chicago Red Stars, respectively.). 114 Starr recalled that a couple of weeks later, she met with Simon again, and Simon informed her that the abuse had been "going on for a while." The Thorns did not provide the Flash with a copy of the investigative report. On December 1, 2022, Paulson announced the decision to sell the Thorns. In December 2012, the Red Stars officially hired Dames as its first head coach in the newly-formed NWSL. 51, with an erection. She recalled trying to leave Holly's house, but as she rounded a corner to go downstairs to leave, Holly grabbed her arm. In particular, the NWSL's "temporary protocols do not require the use of a reputational check. 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. Kurtz said her biggest fear was being considered a "troublemaker" for reporting misconduct, but she feels now that "players who come forward will be protected." At Racing Louisville, for example, Holly lived in the same apartment complex as Simon and other players, one of whom described this arrangement as "weird." As discussed above, in early 2022, counsel for the Pride conducted an investigation into reports of inappropriate conduct by Head Coach Amanda Cromwell and Assistant Coach Sam Greene. Riley told her to get on his hotel bed to go over film, though she saw there was no film on the television. In written responses to the Joint Investigative Team, Plush stated that he told then-Sky Blue President and General Manager Tony Novo there were allegations of inappropriate conduct against Riley, encouraged Novo to reach out to the Thorns, and discouraged him from hiring Riley. For instance, one player said that while she felt Whisler "cared," she felt he did not "get it or understand what he lets happen." 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. 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. The Joint Investigative Team encouraged players and other witnesses to share their experiences in the manner they found most comfortable. b) E. Riley also would tell players that he wanted "to see two women kiss," and made other statements that one player described as "homophobic." He remained with the Flash until the club was sold in 2017. The Joint Investigative Team found that the League and its clubs failed to take adequate steps to protect players in hiring and filling positions. Shim declined politely so as not to upset Riley, stating she had to prepare for a game the following day, and she walked out the door despite his attempts to persuade her to stay. 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." 71, their faces, and gesturing in a threatening manner in their faces. Simon felt like she owed him, because she believed he played a role in getting her a spot at the camp. As another example, the summary stated, "Several players described Dames using personal information against players, in those words, but struggled to articulate what they meant by this allegation and to provide specific examples. Clarkson was suspended in April amid an ongoing investigation, but until Wednesday, no reasons were provided publicly. One player reported that club staff living in the same housing as players led to unprofessional interactions. In 2022, it was updated to prohibit discrimination and retaliation more explicitly. He was also a prominent owner and operator of youth soccer programs in New York. I just played for [my team]. The NWSL's current processes and requirements, while improved, can be better implemented. This is too much. Investigative Methodology. The player explained that although she repeatedly pushed back against LaHues inappropriate conduct, LaHue persisted, the investigations report said. 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. Players also expressed concerns that Williams, whom they believed had engaged in retaliation towards players who complained about him, was moved into a position where he was involved in decisions on player trades and other transactions; Williams acknowledged being involved in player transaction decisions during this time, but said the general manager finalized such decisions. It was, 'You idiot. WNBA, NWSL are leagues on the rise - New York Daily News However, Shim preferred to stay in Portland, where she already had a lease and was working as a private coach, so she asked Riley if the team would try to keep her. Even if it were appropriate to only assess Riley's conduct under the legal standard for sexual harassment, no standard was set forth in the report and no explanation was given for the assertion that Riley's conduct was not "unlawful harassment." 75, Benstiti saying that he would replicate his "very strict monitoring and measuring [of Horan's] weight and what she's eating" with the club's players. The Flash then became a new NWSL club, the Courage, which also retained Riley as head coach. Formation of a Players' Union In addition to the SafeSport Trained Core Course, players who are not minors are required to take a 30-minute SafeSport Training for Adult Athletes. Players and staff members alike were often unsure of whether behavior rose to the level of misconduct and, even if they were able to identify behavior as misconduct, where to report it. The Joint Investigative Team found, for example, that club staff in positions of power made inappropriate sexual remarks to players, mocked players' bodies, pressured players to lose unhealthy amounts of weight, crossed professional boundaries with players, and created volatile and manipulative working conditions. Later that day, NWSL Commissioner Lisa Baird resigned. Clarkson denied ever raising his voice at players or losing control of his emotions, notwithstanding credible evidence to the contrary. According to this player, Wilkinson told the agent that before their meeting, he had met with Paulson and Baird to discuss the situation. 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 . 35, conducting thorough fact-finding. d) Hansen's and Harrington's departures in 2020 presaged a wave of departures in 2021. In another example, one player reported that after a player lodg[ed] a complaint with the PA, Dames retaliated against the team by denying players their family time. According to the report summary, this concern "was not raised by any other player and was credibly denied by Dames and Whisler." Players reported that by bringing players into a meeting with Holly, club management created a fear of retaliation which discouraged them from reporting further 8. 41, During the USSF Dames Investigation, multiple players reported similar concerns about Strengthen Anti-Harassment Policies During her interview-which was two hours long (more than twice as long as any other interview conducted at the time)Shim recounted the instances she had described in her complaint. At more than one club, one individual served as both head coach and general manager. This witness said that Riley did not make similar comments about players in relationships with men. Instead, the joint investigation identified gaps in existing policies and procedures, including strengthening the league's anti-harassment policy, which was only first adopted in 2021 -- eight years after the league first played a game. Moreover, even if there were support for this assertion, clubs investigating allegations of misconduct should not limit their assessment to whether "unlawful harassment" occurred. The Joint Investigative Team also reviewed the practices and policies in the NWSL and its member clubs related to identifying, investigating, and addressing such misconduct. . Levine explained that, at that time, her role in investigations was unclear and that her only instruction was to ensure the League was informed of investigation results by clubs because of its direct employment relationship with players. mentally" and could not perform at her best for the rest of the year. 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.