Reports of Retaliation for Complaints of Misconduct He became condescending toward her and made jokes about "ripping [her] contract up." The joint investigation also confirms that the misconduct from Riley, Burke and Holly, which made headlines, was part of a wider culture of power imbalances between players and staff members that was pervasive in the league. In describing that meeting, Estes said that "the ultimate corroboration came from Christy Holly." Also that same day, Levine reported Riley to the U.S. Center for SafeSport (an organization that investigates reports of abuse and misconduct in athletics) based on information that was then publicly available. Johnson told the Joint Investigative Team that he spoke to Flynn on the phone as part of vetting Riley and that Flynn shared that Riley drank with players at a bar and that players "ended up" at Riley's apartment. Riley grew bolder in making sexual advances over time, and Farrelly reported to The Athletic and to the Joint Investigative Team that they had sexual intercourse after Riley went out drinking with the team following a loss at an away game. . Craig Harrington blurred professional boundaries with players. As one player explained, Dames would make "mean" comments and call people names rather than say things like bad pass." Racing Louisville did not appropriately respond to players' reports about Holly's conduct as the club's head coach. The 2022 Collective Bargaining Agreement retained the waiver system, but provided four weeks of severance pay for waived players. IV. More than one individual used the phrase "Jekyll and Hyde" to describe Holly, who exhibited patterns of hot and cold behavior that caused anxiety and uncertainty for players. 123, F. The Thorns initiated a week-long investigation (the "2015 Thorns Investigation") conducted by its HR director, who found that some of Shim's allegations were undisputed and who summarized findings against Riley in a final investigative report. Hendrix informed the Joint Investigative Team that she had subtly tried to prevent Holly from being alone with Simon. Kurtz earned playing time while a more senior member of the Courage was competing with the USWNT, and she recalled Riley encouraging her with the news that Jill Ellis, then-Head Coach of the USWNT, was considering her for a spot on the team. Although U.S. Soccer and League leadership at various points discussed and explored the creation of conduct policies, none were ever adopted or implemented. A staff member for another club noted that "the whole team" lived in the same apartment building with some coaching staff. Set a "Tone From the Top" That Promotes Player Safety and Well-Being The NWSL should take steps to ensure that leaders of every club in the Leagueincluding owners, presidents, general managers, and other executives-are committed to creating a culture in which player safety is a priority and players are expected and encouraged to report concerns about misconduct. The NWSL did not distribute these player surveys consistently: player surveys were distributed yearly from 2013 to 2017, and again in 2020. Trainings should include how to conduct an effective, traumainformed interview of an individual making a complaint, how to support that individual and not make comments that deter further reporting, how to document that interview, and how to elevate the issue to the NWSL. Develop and Enforce Guidelines Addressing Appropriate Interactions Between Club Staff and Players Riley returned from the restroom and asked the women, who had been assigned by Riley to share hotel rooms on team road trips during the season, if they "hooked up" while traveling for games, a notion he had raised even before that night and something they denied doing. The first departure occurred in August 2020, when Royals owner Dell Loy Hansen sold the club after reports surfaced that he had made racist comments. The league retained Covington & Burling LLP, while the NWSLPA retained Weil, Gotshal & Manges LLP. Baird ultimately replied that Shim's 2015 complaint was "investigated to conclusion" and that she was "not at liberty to share any more with Shim. Kurtz recalled Hammond responding, You're a professional athlete; I hope you know you're not chubby. According to Kurtz, Hammond did not ask follow-up questions about why she felt uncomfortable around Riley. Witnesses to body-shaming by both Pauw and Riley reported that "players developed eating disorders and sought mental health treatment." Another Racing Louisville staff member did not recall any conversations at the club about reporting Holly to SafeSport. We have the benefit of what I hope is a cultural awakening around privilege and a cultural awakening around people trying to understand someone elses perspective, Berman said. Many players across the NWSL said they did not know how to elevate concerns about club staff, including coaches, within their clubs or to the NWSL. 88, U.S. Soccer President Carlos Cordeiro characterized U.S. Soccer's relationship with the League as a "regulator and sanctioning body." A Dash player also described her coach, Pauw, having outbursts" of emotional yelling in which she would get up in a frenzy, and recalled a player receiving warning calls to inform her of incoming phone calls from Pauw. Formation of a Players' Union 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. The NWSL should consider providing resources to support players and staff working to advance the interests of diverse and marginalized groups. It contributed to the perception among the general public, players, club staff, and owners alike that Riley's departure from the Thorns was voluntary or performance-related, rather than due to his misconduct. 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. And thorough vetting, including a reputational check, is time-intensive and expensive. 111, VI. The Joint Investigative Team recommends that the NWSL adopt additional measures to facilitate a safer, more inclusive, and more respectful workplace for players. F. Weil, Table of Contents The NWSL should confirm that each club has designated such individuals and that those individuals are aware of their obligation to report any complaints or reports of violations of the Anti-Harassment Policy to the NWSL HR Office or the NWSL General Counsel within 24 hours of receiving the report. In addition, the policy sets forth a general process for conducting investigations into potential violations and reporting the findings of such investigations. The NWSL began the roll-out of training by the U.S. Center for SafeSport in January 2021. The Joint Investigative Team spoke to other players on the Red Stars who reported similar concerns of retaliation. Players told the Joint Investigative Team that Dames threatened them, saying he would shred a player's contract or kick them off the team or out of practice if they made a mistake. In addition, some clubs did not historically offer anonymous reporting channels for players, which resulted in players not coming forward out of fear of retaliation. One owner said, "I came on as a passive investor. Malik told the Joint Investigative Team that he thought at the time that Riley's drinking with players in 2015 was unacceptable" for a coach of the USWNT Incorporate Anti-Retaliation Training Into Other Mandatory Trainings Anti-retaliation training should define retaliation and emphasize that retaliation can take many forms-not just termination of employment or formal discipline. However, the extent to which clubs actually spoke to former owners, general managers, staff, or players who had worked with a coach varied drastically. The Thorns's outside counsel told U.S. Also no, it's not a double standard. When asked about this, the lawyer who led the investigation for U.S. Soccer said the issue of whether to take intermediary action "was not discussed with [her]." Both Dames and Whisler said that after leaving, the two players had "expressed a desire . 5 Anonymous results from an annual NWSL player survey conducted in 2014, and described in greater detail below, also indicated similar misconduct by Riley. E. Several players reported that following this meeting, Williams began to treat certain players negatively. During his interview with the Joint Investigative Team, Harrington described the incident differently: Harrington said he was at the hotel when one of the players either messaged or called him to ask for help taking an intoxicated player to her hotel room, which he claimed he did. By the time Levine and Duffy spoke to the two players they interviewed other than the complainant, Whisler had already spoken to both of them. Clubs did not consistently prohibit player-staff relationships, which created confusion about whether such relationships were permissible. There's no one. As The Philadelphia Inquirer reported, the statement from LaHues lawyer claimed that investigators provided Ms. LaHue a few documents that contained alterations. 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. Players reported Williams apologized to the team the day after the meeting, but players felt the club did not take action to address players' concerns after the meeting. The NWSL should regularly remind club staff of their obligation to elevate information regarding misconduct to the NWSL HR Office or NWSL General Counsel. 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. Given this conduct, players feared retaliation from Burke and held back from criticizing him out of fear they would be waived. * It established that Riley, Shim, Farrelly, and Thorp drank at a bar one night and ended up at Riley's apartment, where alcohol was made available. Jill Ellis, then-Head Coach of the USWNT, was also emailed copies of certain player survey results. LaHue later texted the player, "I don't see us as friends." 66, also reported instances where clubs responded to player and fan conduct in a way that reflected insensitivity to LGBTQIA+ issues. 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. On an away trip to another state, she asked Dames for permission to visit her parents, who lived in the state. Ten days before the first game she expected to start, Riley Some players and club staff explained that the apology was requested because players had violated COVID-19 protocols in the stands. 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. The history of women's professional club soccer in the United States has often been tumultuous. Nonetheless, the Joint Investigative Team faced a number of limitations throughout the investigation. The player described feeling shocked at the sudden threat because her teammate "[hadn't] done a thing and was harmless." In another instance, a player reported that Clarkson angrily asked her, "How the fuck are you so unprofessional," when she had to come out of a game due to an injury. In response to the August 11, 2021 Washington Post article stating that Burke verbally and emotionally abused players, Levine told others at the NWSL that the League had not received any complaints about Burke, despite a Systemic bias disempowers women, people of color, and other historically marginalized groups. Plush stated that he was advised by counsel that such information was "confidential" and could not be shared by the League. She claimed that players had called themselves "bulky." 24, film sessions at his apartment with Shim, had dinner alone with Shim one night, sent inappropriate text messages to Shim, and deleted Shim's July email to him stating Riley's conduct was inappropriate without notifying his superiors about the email. Another player said she felt that Whisler had "loyalty" to Dames and did not hear" players' concerns. The fact that certain coaching behaviors may have been tolerated previously does not establish, or in itself suggest, that the behavior is, or was at that time, appropriate. 3 Formation and Mandate of the Joint Investigative Team .. Riley grabbed Shim, pulled her back against him, and tried to grind against her. Riley declined to respond to requests to participate in this investigation. . 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. These allegations were largely unsupported by specific examples and appear to either be the result of personal relationships that have soured and/or a reaction to Dames's undisputed favoritism of certain players." These partnerships should provide regular formal opportunities to explore concerns and receive feedback from members of these groups. On October 26, 2015, the Thorns announced that they were trading Farrelly to the Breakers, a now-defunct NWSL club. One player recalled that O'Connor announced there were allegations made against Holly, an investigation was conducted, and there was an "overwhelming amount of evidence to prove the allegations were correct." At the start of 2022, with the termination of U.S. Soccer's allocation system, the NWSLPA expanded its representation to include USWNT players competing in the NWSL. By allowing Riley to continue coaching in the NWSL, the League conveyed its continuing implicit approval of him, despite the information Plush received and the concerns that he expressed to others. Hammond acknowledged that he did not follow up with Kurtz after the call to share any steps that were being taken or to see if there had been any improvement in Riley's behavior. Novo said that shortly before Holly's departure, he communicated concerns about Holly's conduct to Smoot, and that Temares knew that Novo felt Holly should not be coaching elsewhere. These misunderstandings hindered the reporting and identification of misconduct, placing players at unnecessary risk. Prior to the event, he forwarded Shim an email containing his hotel reservation-one room with a king bed-and asked Shim to stay with him. Three days after Benstiti's speech, a player formally reported Benstiti's conduct to the League pursuant to the Anti-Harassment Policy. The USSF Dames Investigation surfaced several concerns about Dames, but those concerns were not appropriately investigated or addressed. Hammond recalled telling Kurtz in a phone call that the Courage were not able to find a trade for her. Additionally, club HR staff were not provided guidance from the NWSL on appropriate coaching behavior in a professional sports setting. . One player described Dames as driven by his outward expression, which involved yelling rather than coaching. C. This behavior contrasted with other periods during which he would ignore Shim. This player added that as a result of this division, players feared telling their own teammates about their experiences with Dames, worrying that their teammates might report their comments to him. Five months later, another NWSL club, the Western New York Flash, hired Riley as head coach. D. For much of the NWSL's history, the NWSL and many of its clubs did not employ any designated HR staff. And we have to do something about it." The process through which coaches and other club staff are hired has varied, and some coaches hired by clubs have faced previous allegations of misconduct that were not discovered or explored as part of a background or reputational check. In the absence of dedicated HR staff, some clubs told players that reports of misconduct could be made to club management or ownership. Duffy was also aware there was an ongoing investigation at the Red Stars, but the Joint Investigative Team found no evidence the NWSL requested updates regarding the investigation or requested the final investigative report, and Levine acknowledged that she interpreted the lack of update from Wahlke as a lack of material negative findings concerning Dames. Some players viewed this as defending stadium security staff. Ms. LaHue has sat for approximately seventeen (17) hours of interviews and continually requested access to materials related to her case.. Shim declined, stating she needed to take care of a sick teammate. . Malik published an open letter on October 6, 2021, stating that when the Courage bought the Flash, the Courage was made aware of a 2015 investigation into Riley but was "subsequently assured he was in good standing. Paulson also published an open letter on October 4, 2021, stating that once the Thorns received Shim's 2015 complaint, the club placed Riley on immediate suspension, conducted an investigation that led to Riley's termination, and shared investigative findings with the NWSL. 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. Even when these meetings were strictly professional, players expressed discomfort with meeting coaches in their hotel rooms. The player explained that although she repeatedly pushed back against LaHues inappropriate conduct, LaHue persisted, the investigations report said. Players recalled coaches monitoring the snacks and meals that players ate, forbidding players from eating things like fruit, peanut butter pretzels, and baked chips, and hiding food from players to prevent them from eating, even when the food was provided by the team. Club statement. According to the course description, this course trains medical staff on how to "[r]ecognize types and signs of abuse and misconduct, [c]reate safer, abusepreventative spaces and policies for training and treatment, [r]espond to abuse and disclosures and recognize barriers to reporting, [i]ncorporate a trauma-informed approach into [their] practice," "[s]afely reintegrate athletes who have been harmed back into sport," and "[c]reate and promote a culture that prioritizes athlete safety." Malik texted Gulati that he "appreciate[d]" the "confidential advice to Anson." The NWSL has not consistently offered anti-harassment training to players and club staff beyond the SafeSport trainings. Why not adjust? 5. However, Benstiti did not comply with that directive. It would be good to know those things exist, to get access. The report also indicated that Gotham was one of seven clubs where players indicated to the Joint Investigative Team that they were unaware of whether the club had HR personnel or otherwise did not know to whom they could report concerns at their club.