Another owner described himself as a "volunteer." Dames's explanation relied on his communications with another staff member, but the investigator did not attempt to speak to this staff member or otherwise corroborate Dames's explanation. C. One evening, he persuaded her to have dinner at an Italian restaurant in Portland. Moreover, former League and U.S. Soccer executives also expressed expectations that clubs, not the League, would develop robust HR functions and be prepared to address misconduct, under the League's supervision. 95, stated: "I had no direct involvement in the creation, administration or review of the player surveys. When Simon told Holly he had to stop touching her because it was messing with her, he began treating her poorly on the field, yelling at her and taking her out of games regardless of her performance. 10. Upon reading the article regarding Riley in The Athletic, Kurtz recognized many of her own experiences with Riley in the accounts of Shim and Farrelly, identified his conduct towards her as abusive, and realized that he had been grooming her for sexual abuse. The League later received new information indicating that Riley's misconduct had not been adequately investigated, but the League did not commission its own investigation or take other action. Other players similarly reported that they feared retaliation from Burke, or otherwise held back from criticizing Burke, due to incidents in which Burke threatened to waive players who disagreed with him and due to the fact that he had unilateral control over player contracts. Novo could not recall the date of this meeting. . As detailed below, the Joint Investigative Team found widespread misconduct directed at NWSL players. When Riley was Farrelly's coach prior to the NWSL, he coerced Farrelly into having sexual intercourse on several occasions. The Joint Investigative Team also received credible reports of sexual misconduct by former Racing Louisville Head Coach Christy Holly, targeting player Erin Simon. It further stated that the club's executive team and Holly each agreed not to make any written or verbal communication in any form . By the time U.S. Soccer's investigator contacted the complainant to interview her, the Red Stars had already traded her. 120 The supporters group claimed that the banner was removed because it was a political statement. Founded in 2009 in Chicago. 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. In March 2021, days after Baird received a letter from 240 NWSL players urging the NWSL to adopt an anti-harassment policy, Shim emailed Baird indicating that she believed the League had failed to take any action to protect players in response" to her 2015 complaint about Riley. NWSL One player stated that, "Dishonesty and manipulation from your coach creates a toxic environment." The Joint Investigative Team recommends that the NWSL adopt additional measures to facilitate a safer, more inclusive, and more respectful workplace for players. You should be so grateful for me. Players Experienced an Array of Interpersonal Misconduct and Reports of That Misconduct Were Mishandled. Kansas City Current But at the same time, Wahlke was having internal discussions about Riley's prior misconduct. Even within the soccer world, the player explained, a tone appropriate for the field would not be appropriate in other settings, such as locker rooms, team dinners, or one-on-one meetings with players. On October 1, 2021, the day after The Athletic reported Riley's misconduct, the NWSL announced that all scheduled matches for that weekend would be rescheduled. . Gotham subsequently terminated the GMs employment. The New Jersey native is hoping to expand her horizons through overseas play. Players reported they raised concerns during this meeting regarding Williams's ineffectiveness as a coach and unprofessional and demeaning communication style. Riley agreed to try, and the Dash traded her back to the Thorns a week later. 6. According to Wilkinson, he told Lines that U.S. Soccer had the investigative report regarding Riley. This may encompass disputes between players, or disputes between players and club staff. However, Benstiti did not comply with that directive. Its low operating budget, a response to the overspending of WUSA, left WPS to run on thin margins. For example, a player described Pauw saying to a player, when that player lifted her shirt to wipe her face, "Put that away." The same player recalled that Pauw would "have certain [players] over for coffee and biscuits," which she felt was inappropriate. Since 2021, the League has taken some steps to rectify this issue. The same day, U.S. Soccer announced that it was launching an independent investigation into reports of abusive behavior and sexual misconduct in women's professional soccer, to be conducted by former Deputy Attorney General Sally Q. Yates of King & Spalding LLP (the USSF Investigation"). Some clubs provide housing for both staff and players, and in some cases, staff and players lived in the same apartment complexes. One owner similarly expressed confusion over the extent to which clubs could perform HR functions for players, given that clubs are "not [players'] employers." Gulati recalled this email and stated, "I don't know what else we can do when [Whisler] doesn't accept the coach's resignation." E. Players Lacked Effective Channels for Reporting Inappropriate Farrelly felt coerced into having sexual intercourse with Riley based on the dynamic between them and his control over her soccer career. The Joint Investigative Team found no evidence that any of the 2020 player survey responses were elevated to Levine or anyone working in HR at the League. Aside from Lines, Levine told the Joint Investigative Team that she could not recall any specific follow-up by the League or U.S. Soccer based on survey results. As with former acting U.S. Attorney General Sally Q. Yates recent investigation for the U.S. Soccer Federation, this report did not hold back in its allegations. Such policies can create veils of secrecy around the dismissal of some coaches and allow them to be rehired elsewhere despite their misconduct. Until 2022, the League also had no free agency for any players, meaning a single club retained the rights to the player even if the player was not under contract. The NWSL's current processes and requirements, while improved, can be better implemented. Additionally, Farrelly was not treated as someone who was also targeted by Riley, and her interview-which lasted only 30 minutes at most-focused on Shim's allegations against Riley and whether Farrelly had told anyone about the incidents; the interview did not probe deeply into Farrelly's own negative experiences with Riley. The scope of fact-finding was limited, and during the interview of and subsequent communications with Shim, the investigator was focused on whether any unlawful harassment had occurred and whether Shim might have a legal claim against the Thorns. He stated it was included because, in Estes's view, no one would sign a unilateral non-disparagement provision. The same article reported that Horan said Benstiti and his staff were just terrible about discussing fitness goals and told players, You need to lose weight, you need to get thinner, you need to run more." 111, Also in 2018, a player raised concerns to Duffy and Levine about Dames's behavior towards players. One player who spoke up at the meeting and was subsequently traded shared that because she and other players spoke up, "[w]e all knew we were going to be traded." Another player reported to the Joint Investigative Team that she was traded from the Red Stars shortly after she raised a complaint to the NWSL about Dames; the player expressed concern that her complaint played a role in her departure from the team. When Farid Benstiti was hired by OL Reign, he was explicitly instructed not to discuss weight or nutrition with players. More specificity is needed, investigators concluded, to provide examples of how ostracizing players or denying playing opportunities could fall under the definition of prohibited behavior. The NWSL periodically distributed annual player surveys seeking feedback from players about a variety of topics. In August 2020, Holly was named head coach of Racing Louisville, and in November 2020, Holly selected Simon in the expansion draft. He also made other inappropriate comments, including calling one player trailer trash" and insinuating he found players attractive. . Several of these players described Clarkson as fair, but tough on players based on their soccer performance and potential. 102, directives were inconsistent with sports medicine best practices; for example, players reported that Pauw discouraged them from eating fruit because of its sugar content. Clubs should be advised not to request that players and other witnesses in investigations sign non-disclosure agreements for the purpose of preventing the transmission of information about the allegations to the NWSL or other clubs. Players Experienced an Array of Interpersonal Misconduct, and Reports of That Misconduct Were Mishandled Additionally, U.S. Soccer, the League, and its member clubs often failed to investigate, conducted an inadequate investigation, or otherwise failed to address misconduct reported to them. The same is true of the Red Stars's hiring of Rory Dames as their head coach. 120, An explanation of the reporting channels should also be a key component to antiharassment training, anti-bullying training, anti-retaliation training, and any other trainings the NWSL or clubs provide. On an away trip to Portland following the 2019 World Cup, Kurtz received a text message from Riley with a picture of a bar he was at, commenting that Kurtz would like the bar and that he wished she were there. She told investigators she recognized Riley "had been 'grooming' her for sexual abuse" after reading The Athletic's initial story on his abuse. Farrelly told the Joint Investigative Team that the announcement "solidified" her decision not to tell her own story, noting the hiring was "extra validation that Shim's allegations did not seem to matter. Simon recalled Holly often telling her when he tried to cross boundaries that if she would "loosen up" and "have more fun" off the field, it could "help her on the field." In late 2020, the NWSLPA began advocating for the League to adopt an antiharassment policy. However, Novo told the Joint Investigative Team that the club was not seriously pursuing Riley at the time and that he does not recall hearing anything bad" about Riley. 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. One player recalled a specific comment Dames made about "her attractiveness." Another player explained, "We are still in a growing league, and that's not lost on players." 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. WUSA, the first women's professional soccer league in the United States, began play in April 2001. Some players viewed this as defending stadium security staff. Many of the coaches and individuals who engaged in misconduct and who are discussed in this Report were not appropriately vetted by their clubs. Whisler said he then proceeded with the trade based on "soccer reason[s]" after consulting with the League. 79, In some cases, players reported that club leadership failed to protect them from retaliation. She specifically recalled having meetings in hotel rooms alone with two coaches and stressed that from her perspective, it is never appropriate for a male coach to meet with a player in his hotel room with the door closed. Gulati told the Joint Investigative Team that the Thorns said they would only share the 2015 investigative report with the NWSL and with U.S. Soccer's General Counsel, Levine. Ultimately, decisions about whether to share information about misconduct was left to the individual's discretion. 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." The NWSL did not distribute player surveys in 2018 and 2019 due to bandwidth and resource constraints, and it did not distribute player surveys in 2021 in part because the NWSL received feedback from players on many topics covered in previous player surveys during CBA negotiations. Some players recalled that a former assistant coach, while at a club-sponsored party where he was drinking heavily, made sexually explicit remarks to players. Another player wrote that Lines was emotionally abusive, "belittle[d]" people, and should be terminated. 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 . 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. As the report summarizes, LaHues alleged misconduct included sending the player inappropriate text messages that continued even after the player told LaHue to accept that they were working together and nothing more. LaHue expressed an emotional reliance on the player, repeatedly questioned the players interactions with another individual, and pressed the player for more attention.. Two players described Dames's mood shifts as "a cycle of abuse." This Report notes where certain individuals agreed to be interviewed, provided a written response, declined the Joint Investigative Team's invitation, or did not respond. Riley went on to be named head coach for two other NWSL clubs, the Western New York Flash and the Courage, in 2016 and 2017, respectively. Players told the Joint Investigative Team that the NWSL's culture and the unstable history of women's professional soccer in the United States deterred them from raising concerns about abuse, bullying, harassment, and other forms of misconduct. One former player differentiated between raised voices in different locations: the player opined, "If you're working in an office cubicle, no one will scream at you for your terrible touch, but that might be needed on the field." Flynn, on the other hand, in written responses to questions posed by U.S. Soccer, stated that he never reviewed the Thorns's final investigative report and did not have a complete understanding of the findings of the investigation. coach, and Alyse LaHue, the former general manager of Gotham F.C., each received two-year suspensions from the league. As discussed above, after U.S. Soccer directed the League to hand over its investigation into Dames, the League was not briefed on the findings. Several players noted that Burke's conduct was very open, including in front of team staff and management, and that numerous players were uncomfortable with his conduct. Additionally, despite the adverse findings, the Thorns asserted in an email to the NWSL that the 2015 Thorns Investigation revealed no "unlawful harassment," a conclusion that was not included in the 2015 investigative report itself and that was not further explained. g) On August 11, 2021, The Washington Post reported that Spirit Head Coach Richie Burke had verbally and emotionally abused players. The banned coaches engaged in sexual misconduct, verbal and emotional abuse and made sexist and racist remarks to players, a 14-month investigation found. B. It can be argued that Alyse LaHue, general manager of the soccer team formerly known as Sky Blue FC, was herself the rebrand that became official this . Upon the conclusion of the investigation, U.S. Soccer did not communicate the investigation's factual findings to the players, the Red Stars, or the NWSL. Alyse LaHue (@alahue) September 23, 2019 So as much as LaHue has enjoyed coming into Manhattan for the AdWeek panel and then hanging around to talk about the upcoming game (and maybe. The report's conclusion stated, "Whisler, as an owner, has demonstrated a commitment to continuous improvement of the player experience, as well as an intolerance for abusive and insensitive behaviors. The Joint Investigative Team spoke to other players on the Red Stars who reported similar concerns of retaliation. He shut the door and stood between Shim and the door, and she saw he was wearing only his underwear. "An independent review of practices and policies at the league and club levels-including workplace policies for each club in the league, league-mandated anti-discrimination and anti-harassment policy, and processes for identifying, investigating, and enforcing In the wake of that public disclosure, Spirit CEO and managing partner Steve Baldwin resigned, but players called for him to sell his share of the team to minority owner Michele Kang. Simon said she moved away from Holly when he touched her and told him he was "insane." Players reported that Spirit Head Coach Richie Burke used racial epithets, made jokes about race and ethnicity, and undermined activism on issues of race. b) 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. The announcement did not specify that the cause was sexual misconduct. A peek at LaHues normally busy Twitter account suggests that things began to go south sometime around June 18, when her account last posted. For example, the League's former interim CEO, Marla Messing, recalled multiple instances where, due to her experience in the soccer community, she was able to identify potential hires by clubs who were "terrible" or "abusive," but who had received clean background checks. 2. Simon said she was "terrified" to go to Holly's apartment alone, so she often came up with excuses not to go, or she would bring Hendrix with her. 5. 82, September 30, 2021, assistant coaches and any other club staff who would "regularly interact with the players" also became subject to NWSL vetting. In fact, for much of the NWSLs existence, background checks on coaches and player-facing staff were not required. A majority of the players who participated in the investigation raised the concern that "Dames would get close to players, learn personal information about them, and then use the information he gained . 55, making a statement to the reporter. The League should issue a public statement reiterating its commitment to creating a safe working environment for players, announcing specific actions that the NWSL will take to demonstrate this commitment, and setting a timeline for implementation in consultation with the NWSLPA. Craig Harrington, the former Utah Royal F.C. Where clubs had existing HR functions, those functions were frequently under-staffed, under-resourced, or ill-equipped to handle misconduct complaints. Other misconduct, which this Report discusses in detail below, has not received as much, if any, public attention. But the handling of this situation from all parties, and the future of a club suddenly back in a state of chaos, are worth exploring. 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. While the report singles out individuals and clubs for alleged misconduct or mishandling of situations, investigators chose to make recommendations that are "forward-looking, systemic in nature; rather than recommending discipline as to specific individuals or entities." 74, At the time of Benstiti's hiring, Bill Predmore was the club's majority owner and CEO, and he conducted the head coach search process. Exit interviews should ask players questions to probe whether they have knowledge or awareness of any incidents of misconduct not previously reported. She said he told her, "Let's meet and talk," and, "If you're up really late, you can come talk to me." Players on another team reported that a former assistant coach liked tweets critical of the Black Lives Matter movement, causing several Black and non-Black players to be uncomfortable and upset with the assistant coach. The Joint Investigative Team concluded that Cromwell and Greene violated the NWSL's 2022 Anti-Harassment Policy prohibiting retaliation. Jeff Plush (NWSL, Commissioner, 2014-2017) One player recalled that Riley hosted a similar trip for Flash players at his Long Island property when he later coached that club. After significant effort and some inquiries, they ultimately identified Nancy Garcia (formerly Nancy Garcia Ford), the HR director for the Thorns and its affiliated men's team, the Portland Timbers. The Joint Investigative Team also found numerous deficiencies in the 2015 Thorns Investigation and subsequent communications by the Thorns, the NWSL, and U.S. Soccer about Riley's misconduct. For example, the Courage re-signed Jaelene Daniels in 2021, after her brief retirement. According to multiple interviewees, Clarkson did not allow the players to address the accusation that they had been drinking and told them, Cameras don't lie." 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. Out of concern for Simon's anonymity, the NWSLPA and Racing Louisville players released a statement acknowledging the media and public's interest in transparency, while underscoring that "player safety will always be at the forefront and affirming that they stand behind Racing Louisville in the handling of the Club's recent matter and ask everyone to please trust and stand with us at this time." Players and club staff also described observing or learning of derogatory comments, negative stereotyping, and jokes about race and ethnicity by several other club coaches and leaders. 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]." The club immediately terminated the staff member for violating club policy. Multiple players credibly reported that Richie Burke verbally and emotionally abused players, and that he berated players in a way that was not constructive or conducive to improving performance. Levine had previously instructed the HR employee to monitor the email account and to elevate any complaints so that Levine could then determine next steps and manage any subsequent investigations. 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." 11, In 2018, the League voluntarily recognized the NWSLPA as the exclusive bargaining representative for all players who signed a standard player agreementin other words, all players except players allocated to the League by the USWNT. Due in part to the perceived close relationship between Burke and club ownership and management, players did not feel comfortable expressing concerns about Burke. Wilkinson told the Joint Investigative Team that Lines previously knew Riley, and that he felt Lines had been "ticking a box" by contacting Wilkinson. Per Paulson, he could not recall during their phone conversation how the Thorns had publicly announced the termination, so he followed up with the text message, which he said was relaying the public announcement. Trainings should also encourage players and staff to report bullying, harassment, discrimination, racist behavior, or other misconduct they experience or observe. According to Malik, Paulson told him in 2019 that the Thorns did not terminate Riley, but that Riley's contract was not renewed. The statement that no unlawful harassment" had occurred proved significant going forward, as it was repeated a number of times in the following years as a summary of the investigation's conclusions. 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. On December 5, 2022, Whisler announced that he would sell the Red Stars. I. Rather, working closely with U.S. Soccer, she proceeded "stepwise" until she felt she had collected enough information to speak to Dames and Whisler. A third player stated that Lines "often encourage[d] hard fouls in training, which created a dangerous and toxic team culture during training. 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. Player-staff relationships, even when consensual, can create problems within a team environment and, in some instances, contribute to the mistreatment of players. 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. Naming Criteria.. These vague public statements contributed to the failure to adequately share information between U.S. Soccer, the League, and clubs regarding coaches who committed misconduct. While traveling for an away game in June, Riley pressured Shim over text message to have a drink with him in his hotel room. Sports and The New York Times, published articles detailing her experience at PSG. The 2022 Anti-Harassment Policy provides that emotional misconduct may include "belittling players about their body image or weight." The NWSLPA also announced that it would conduct its own independent investigation into workplace misconduct within the League. Gulati responded that Dorrance "should reach out to previous owners as well" as part of "due diligence" about Riley. The NWSL announced on October 3, 2021, that it had retained Covington to conduct an independent investigation into workplace misconduct within the League and to recommend reforms. The NWSL should require annual written certifications from all NWSL and club staff and players certifying they have completed all mandatory annual trainings and that they have reviewed, understood, and agree to abide by the Anti-Harassment Policy. The new report expands on many of those topics, though only relating specifically to occurrences in the NWSL era. The previous investigation into misconduct allegations was conducted by outside counsel for the Pride in March 2022 (the March Investigation). The NWSL began requiring background checks of prospective coaches and other club staff, and it has begun efforts to offer an anti-harassment training for players, coaches, and League and club staff. During the sixth minute of each match, the teams stopped play and gathered in a circle at midfield in recognition of the six years it had taken for the reports against Riley to become public. 2. The NWSL should update the 2022 Anti-Harassment Policy to explicitly address microaggressions and racist, antisemitic, homophobic, and other derogatory language. It described instances of sexual abuse, unwanted sexual advances by a general manager, emotional abuse, cronyism, racist remarks, the blurring of professional boundaries and retaliation of players who complained about their mistreatment. and Players Union Report on Womens Soccer. Two players said they sought therapy. Clubs and Owners The background checks should continue to be conducted by professional employment services companies in a manner consistent with any applicable legal restrictions and guidelines. At the time, Plush contacted Gulati and Flynn, saying that the player survey comments from the Flash were disturbing and more worrisome than others." Wilkinson responded that the trade was "purely a player move that made sense." 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. Holly told Simon that he may have talked to people behind the scenes to get her signed to the Dash. Whisler was confronted with players' concerns repeatedly beginning in at least 2014, in the form of player survey feedback, direct conversations with players, and Whisler's own participation in the USSF Dames Investigation. The new report claimed it studied all reports of inappropriate conduct toward players in the league since its launch in 2012, reviewing over 200,000 documents and conducting over 200 interviews. Photo courtesy of Gotham FC. The club ultimately elected to retain Riley as head coach, but this decision was similarly affected by the Thorns's, U.S. Soccer's, and the NWSL's lack of transparency about Riley's misconduct. Johnson said Flynn told him an allegation was made that Riley asked "a player to kiss another female," and that Riley had denied this occurred. Paulson told the Joint Investigative Team that he had recalled that Golub received a call from Lines during which they discussed the allegations against Riley, but Paulson no longer believes that call occurred because Golub and others have told him it did not.