Christy Holly engaged in sexual misconduct and made inappropriate sexual comments to players. The NWSL should continue to update and revise the Anti-Harassment Policy to strengthen its protections against misconduct and retaliation toward NWSL players and club staff. 12 Multiple players reported to the Joint Investigative Team that Holly had retaliated against them for raising concerns. Anti-harassment training offered by the NWSL should clearly instruct staff that electronic communications, including text messages, WhatsApp messages, and emails, must comply with, and are subject to, the Anti-Harassment Policy. Dames's behavior to U.S. Soccer's investigator. 6. In 2017, players in the League formed the NWSLPA to unite professional and amateur players on NWSL rosters who were not allocated to the League by the U.S. or Canadian national teams. She also reported that she had not at the time personally dealt with her experiences with Riley, and she was afraid of jeopardizing her position on the Thorns, which she felt was the best team to play for in the NWSL. Given the pervasive fear of retaliation in the NWSL, the absence of an anti-retaliation provision is particularly problematic. Despite having this information, Duffy did not express any concerns about Riley to the Courage, Riley's employer at the time. Similarly, when Racing Louisville terminated Holly following allegations of his sexual misconduct, the club stated only that Holly was terminated "for cause." In 2019, when Riley was under consideration for the USWNT head coach position, Wahlke received a copy of the Thorns's 2015 investigative report regarding Riley, and she participated in discussions regarding his suitability for the position. Trainings should also encourage players and staff to report bullying, harassment, discrimination, racist behavior, or other misconduct they experience or observe. 83, required NWSL vetting, and this person raised concerns that clubs may not have been submitting all hires for screening. LaHue is supportive of the ongoing reforms that are taking place in the NWSL, it said in part. Many players who spoke with the Joint Investigative Team were not aware that they could report concerns about misconduct to SafeSport. But public reporting around misconduct against NWSL players has increased in recent years. According to one player, this staff member began dating the player mid-season. 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. New Jersey Alyse LaHue has brought real change to Sky Blue FC. The March Investigation focused on concerns that Cromwell inappropriately showed favoritism towards certain players, communicated with players in an unprofessional manner, and inappropriately commented on players' physical appearances, and that Greene inappropriately showed favoritism towards certain players. "The club has a tremendous history and close relationship with its fans, so it was important we listened and remained completely openminded throughout the process. "I think historically, some leagues have focused too much on the children factor of our games," LaHue said. These recommendations are organized thematically and not in order of priority. Plush eventually resigned as CEO of USA Curling nearly a month after the Yates report detailed his inaction and culpability in allowing Riley to continue coaching in the NWSL following Riley's 2015 sexual misconduct in Portland. One member of the NWSL community criticized the SafeSport trainings as not being interactive and consisting of lectures and short quizzes that participants are not required to pass before proceeding with the training. 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. 5. The investigation focused on misconduct by NWSL employees and club staff directed at players. 3, violations of those policies-to identify and reform deficiencies. 32, and that for this reason, Riley would be disqualified from consideration. LaHue denies the allegations made against her and will make no further comment.. 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. Multiple players described the fear and uncertainty that accompanied the constant threat of being traded to another team or waived. Later that month, the NWSL adopted a Non-Fraternization Policy as part of its Operations Manual. New subjects include details on why former Gotham FC general manager Alyse LaHue was fired in July of last year. It should also provide examples of the types of personal attacks or degradation of players that are prohibited by the Anti-Harassment Policy. Despite this purpose, neither the summary nor the conclusion of the investigative report provided a determination as to whether Dames's conduct was acceptable. Pauw appeared to want to control and micromanage players' diets and exercise regimens even when her weight loss The first HR employee hired by the NWSL recalled that, prior to her hiring in 2019, U.S. Soccer had been managing all of the League's HR operations. According to an external review conducted by the Red Stars in 2021, players described Dames "as 'condescending', manipulative', 'aggressive', 'insulting', [and] an intimidator."" Ensure the Channels for Reporting Misconduct Are Responsive to the Needs of Players and Staff of Color and LGBTQIA+ Players and Staff Alyse LaHue, a former team executive, also received a two-year penalty, while ex-coaches Farid Benstiti, James Clarkson and Vera Pauw could return only by meeting specified conditions, such as . Levine suggested in a February 2016 email that she would prepare letters to Riley and to the owner of the Flash reminding them that coaches must remain professional, but the Joint Investigative Team did not find evidence that any such letters were written or sent. In multiple instances, coaches and staff accused of misconduct were able to find employment at other clubs despite losing their previous employment due to misconduct. Whether or not Whisler received a clear, formal report from U.S. Soccer about the findings of the investigation, he learned of concerns that players had raised about Dames by participating in the investigation. 17, 1. . The assertion of legal privilege over the investigation, and various communication breakdowns, had the effect of enabling Riley to continue coaching in the NWSL for years after the Thorns fired him, leaving Riley's players, who were not provided with any reason to be wary of him, vulnerable to further misconduct. Another player recalled hearing about and witnessing the same behavior. Riley engaged in additional misconduct while at the Courage. Players explained that this dynamic can be exacerbated for bench players or newer players who might not feel empowered to speak up, or who might feel that their position on the team is not sufficiently secure. Equality. This was apparent in the hiring of Riley by the Flash, and subsequently the Courage. The NWSL has plans to engage a law firm to provide anti-harassment training to all NWSL and club staff, volunteers, and players. Expectations of Gratitude and Acquiescence 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. In some instances, close relationships between coaching staff and club management led players to feel they could not report concerns about coaches to management or vice versa. Such volatility was a common thread among many coaches in the League who engaged in other forms of emotional, verbal, or sexual misconduct. I. One player for the Dash noted that the HR representative primarily worked for the MLS team and was unfamiliar with the reporting channels for the women's team. 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." Instead, it appears that, in the face of threatened litigation by Riley, and on the advice of counsel, the Thorns sought to limit their potential liability to their former coach. Leading up to this meeting, Simon had been nervous, because she had been able to avoid one-on-one meetings with Holly until then. Notably, investigators for the NWSL and NWSLPA also cite U.S. Soccer as an entity that delayed the investigation. She provided a written denial of what she suspected were the allegations against her, including a statement that she has never remarked on the appearance of a player or kept track of players' weight. sometimes things trickled up." When interviewed by the Joint Investigative Team, Whisler acknowledged that he received the survey comments in 2014, but said that these comments reflected only the USWNT players' views on Dames and he was aware that at least one USWNT Red Stars player-Christen Press-did not want to be on the team. 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. e) Fear of Retaliation On the evening of June 14, 2018, two days after the NWSL received the complaint about Dames, Levine and Duffy paused their investigation at Wahlke's request and informed the players they had contacted that they were "handing the matter off to an independent third party." Inattentiveness, neglect, and concealment allow misconduct to fester. Even where clubs did conduct background checks, the checks were in many cases narrow and limited to reviewing only a candidate's criminal history. The NWSL should also develop standards for evaluating an applicant's fitness for the position based on the results of reputational checks. 8. 88, U.S. Soccer President Carlos Cordeiro characterized U.S. Soccer's relationship with the League as a "regulator and sanctioning body." Players told the team's head coach that Black players on the team felt unsupported and that the posts did not align with the team's values. Among the anecdotes is one about a time in 2019 when Riley was a potential candidate to succeed Jill Ellis as U.S. womens national team manager. This incident was corroborated by both players and staff members. Alyse LaHue joined the Chicago Red Stars eight years ago as an intern under Peter Wilt and then-GM Marcia McDermott. The Dash's policy was titled "Policy Against Unlawful Harassment." The League's policy should ensure that player privacy is not used as a pretextual basis to justify agreements that undermine player safety and fail to protect the confidentiality of players who are impacted by misconduct. Players directed similar criticism to the processes that led to the hiring of Richie Burke, Farid Benstiti, Christy Holly, Vera Pauw, and Paul Riley. [C]lub 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, it says. You need to lose weight. One player said that during the 2020 Challenge Cup, which began five months after Benstiti signed his contract, Benstiti was "already hiding food under the table he didn't want girls to eat." Days later, the assistant coaches told her that they had never complained about her attitude. Another player also recalled hearing players say they "would be at [his] pool and drinking," but Riley would then "get mad" because he thought that the players should be training. When Riley was head coach of the Thorns, after a night out drinking alcohol with Thorns players, Riley brought Shim and Farrelly to his apartment, made additional alcohol available, tried to grind" against Shim, and told Farrelly and Shim that if they kissed each other, the team would not have to run an intensive fitness drill that week. Until 2021, the NWSL did not have a formal policy prohibiting harassment. The 2022 Anti-Harassment Policy requires clubs to promptly report all reports of misconduct to the League. "We existed because [our owner] wanted a soccer team for his daughter. A report detailing the results of the year-long investigation was published Wednesday, a little over two . 119, financial support for players pursuing coaching licenses, with the long-term goal of hiring a greater number of qualified former NWSL players as coaches. Club staff designated as the individuals to receive reports of potential misconduct should regularly meet in person with players-without coaches and other club staff present-to explain their roles and reporting procedures. a) Riley's Misconduct at the Portland Thorns Temares did not recall Novo coming to him with this question and rather remembered being surprised because he heard about Holly's departure after the fact. Levine said after the player survey comments were shared with the club, the club moved Lines to a front office role. And as discussed above, in some cases, Riley's practice of holding meetings in hotel rooms did in fact lead to boundary-crossing interactions with Shim. Indeed, after Riley was fired on September 30, 2021, Kurtz disclosed additional misconduct by Riley, and another player told the club that Riley had been verbally abusive and created a "culture of fear" in which players could not express opinions, and that other coaches had allowed Riley to engage in this behavior. These behaviors undisputedly occurred and are still occurring." For example, players noted that Pauw wanted to exert control over "every aspect of [their] lives," including everything you were putting in your body, every exercise you were doing." USWNTPA Executive Director Becca Roux, who helped Press bring her complaint, told the Joint Investigative Team that Wahlke "called [her] and said nothing was fireable offense, but she received no factual findings from the investigation until November 2021. Plush also said he spoke to Lines and Alex Sahlen in January 2016, encouraging them to look elsewhere for a new coach." Players reported that Holly also regularly made overtly sexual remarks toward players, both at Sky Blue and Racing Louisville, separate from the misconduct directed toward Simon. The 2022 Anti-Harassment Policy further explains that [p]rohibited retaliation could include any of the following actions if taken because of a player/employee's involvement in Protected Activity: termination of employment, demotion, transfer to less desirable position, suspension, failure to hire or consider for hire, failure to give equal consideration in making employment decisions, failure to make employment recommendations impartially, adversely affecting working conditions, or otherwise denying any employment benefit." On September 20, 2020, the Royals placed Head Coach Craig Harrington on a leave of absence, which public reporting stated was related to "inappropriate comments of a sexual nature with staff." Adequately Staff the NWSL HR and Legal Departments to Complete Investigations into Allegations of Misconduct Thoroughly and Promptly Wilkinson responded that the trade was "purely a player move that made sense." Sexual misconduct, as used in this Report, is a broad term intended to encompass a range of conduct, including conduct that could be described as sexual assault, sexual abuse, and sexual harassment. Players reported to the Joint Investigative Team multiple instances in which club staff, coaches, or club leadership retaliated against players for reporting misconduct or for participating in an investigation into misconduct. Conclusion Gotham's policy contained a provision stating that [e]mployees who witness offensive behavior in the workplace-whether directed at them or another employee-are encouraged, though not required, to immediately address it with the employee whose behavior they found offensive." Gulati told the Joint Investigative Team that he surmised that he had been given legal advice not to disclose information regarding the allegations and investigation, but could not recall any specifics about that advice. Cromwell, Greene, and Reis's conduct fostered a pervasive fear of retaliation among players and some staff at the Pride. Craig Harrington, the former Utah Royal F.C. Kurtz also said Riley called her fat and told her to lose a significant amount of weight within ten days. Players recounted that he told one player he would have sex with her. Hendrix recalled Holly would get mad if Simon did not respond to his messages. Club staff and players reported that some staff members held meetings with players in staff hotel rooms, rather than in public meeting rooms. OL Reign 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. Instead, it should require clubs to notify and provide relevant factual information to the NWSL when a club terminates the employment of any staff member, regardless of job title, or takes other disciplinary action due to misconduct. Conduct Background Checks on All Prospective Club Owners, Staff, and Volunteers Who May Interact With Players She also asked him not to speak to one player implicated in the complaint about the complaint until the League had the opportunity to call that player, but Whisler refused to comply, saying that th[e] situation has the potential to destroy team chemistry." 7. 51, with an erection. On August 31, 2021, Racing Louisville announced that they had terminated Head Coach Christy Holly's contract for cause. The club provided no other explanation for Holly's abrupt departure in his first season as their head coach. Riley also would tell players that he wanted "to see two women kiss," and made other statements that one player described as "homophobic." On December 5, 2022, Whisler announced that he would sell the Red Stars. This is partly due to institutional factors; SafeSport only has jurisdiction over reports concerning NWSL coaches or staff who hold U.S. Soccer coaching licenses. F. Likewise, OL Reign performed a background check but did not perform a reputational check when hiring Farid Benstiti, who later left the club following reports of misconduct that, as discussed above, mirrored public reports about his behavior while coaching a team overseas. Some types of misconduct against players, including certain instances of sexual abuse and manipulation, have already been widely reported. Despite the discussions between U.S. Soccer, the NWSL, and both the Thorns and Courage regarding Rileys unsuitability to coach the USWNT, no steps were taken to remove or prevent him from coaching NWSL players, the report alleges. Getting a massage." However, the Joint Investigative Team found no evidence that they, or others at U.S. Soccer, shared information or ensured information was shared with the Flash regarding the 2015 allegations or investigative findings against Riley. If the NWSL determines that information revealed as part of a reference check is a barrier to that applicant's hire, the NWSL should maintain that information should the applicant be considered for positions at other clubs in the future. 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. The Joint Investigative Team found that there were multiple process failures during the USSF Dames Investigation, which left notable gaps in the fact-finding. 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. She failed to take steps to protect players during the investigation, and ultimately failed to act on evidence of Dames's misconduct. The 2021 Anti-Harassment Policy prohibited harassment, sexual harassment, sexual misconduct, bullying, hazing, and other forms of physical and emotional misconduct. 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. One player reported that former OL Reign Head Coach Farid Benstiti announced to players, "If I see you eat snacks, I will kill you." The Joint Investigative Team also took into account whether conduct complied with professional coaching standards. In addition, multiple players described a "be grateful" mentality permeating the League. During the 2014 season, Riley belittled Shim, calling her names, commenting on her weight, and making unusual remarks, such as telling her in front of others that he would like to "squish her" against a wall. O'Connor acknowledged that he did not follow up with the players to determine whether they experienced any retaliation after the group meeting. The cover email was not marked as privileged, or confidential, or as subject to any legal protection. You should be so thankful I'm part of your life. According to the USSF Dames Report, Dames admitted that he used the term "thug" to refer to a Black player but adamantly denied any racial intent. For example, in 2018, Horan wrote an op-ed about her time at PSG and stated what she "went through was almost like abuse emotionally and mentally," and "extremely intense." Players also reported club staff inappropriately making comments about players' appearance and personal lives. This Report does not identify individuals if doing so would create an unjustifiable risk of revealing a player's or reporter's identity when that player or reporter did not give the Joint Investigative Team consent to be named in this Report, or if the Joint Investigative Team was unable to corroborate the conduct at issue. 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. Players reported that they felt confused by the information shared with them and did not understand exactly why Holly had been fired. Multiple players and staff shared that they have witnessed behavior from coaches that confirmed in their minds that coaches, staff, or club leadership would retaliate if they raised complaints. Players from marginalized backgrounds, or with the least job security, were often targets of misconduct.". A staff member for another club noted that "the whole team" lived in the same apartment building with some coaching staff. 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. 6. The Equalizer later reported that the investigation stemmed from a complaint filed with the league under its anti-harassment policy. These updates were provided under a common interest agreement, which restricted Levine's ability to share what she learned in those conversations. A player told the Joint Investigative Team that the club first attempted to fix the social media post without acknowledging the error or reaching out to the player, and only later issued an apology after Baucom posted about the error on Twitter. Develop and Enforce a Responsible Drinking Policy Applicable to All NWSL Staff, Club Staff, and Players Players also reported concerns with how clubs responded to incidents involving reported discrimination on the basis of sexual orientation, and which gave them the impression that sexual orientation discrimination was not important. One player recounted feeling like Dames picked the players who did not "have power to report him," while those with "more status in the League" were given his trust and respect. That's the problem with this league. While the NWSL and clubs have worked to strengthen their HR resources, many players continue to gravitate towards the NWSLPA as the safest reporting mechanism: even veteran players on the USWNT told the Joint Investigative Team that they would default to bringing their concerns through the NWSLPA. It was previously reported, although never officially communicated by the league or club, that LaHue was fired for violation of the league's anti-harassment policy. Individual bias can contribute to discrete acts of misconduct. In the player survey, Thorns players anonymously commented that Riley "ripped/yelled at players in a hurtful, non-productive way," was "verbally abussive [sic]," and would "call [players] dumb, stupid, slow, idiotic, retarded, we have no balls, we will never be better than the average 16 year old boy, worthless." 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 NWSLPA encouraged and facilitated participation by a significant number of players, past and present. Sunil Gulati (U.S. Soccer, President, 2006-2018) and Dan Flynn (U.S. Soccer, CEO and Secretary General, 2000-2019) Clarkson believed the player was hungover because he had been alerted by a local friend that the sick player had gone out the night before with some Dash teammates and several Pumas players. Garcia was relatively inexperienced in conducting sensitive investigations. Although these measures are a significant improvement from prior years, the joint report noted significant gaps in the vetting protocols, including a lack of a reputational check. Such a check would require additional research including reference interviews from former players at the youth and professional levels as well as other contacts. It then describes the Joint Investigative Team's observations and findings based on specific incidents and evidence obtained during the investigation, and summarizes findings of misconduct relating to key individuals and entities. I don't think so, but I've honestly never asked. Mental Health First Aid training teaches participants how to reach out and provide initial help and support to someone who may be developing a mental health or substance use problem or who may be experiencing a mental health crisis. A lack of clarity in the roles played by the NWSL and clubs in receiving and responding to complaints of misconduct has contributed to confusion about reporting channels. 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. Embrace Player Insight as Part of the Hiring and Vetting Processes Instead of addressing players' concerns, Whisler repeatedly downplayed them and protected Dames throughout his tenure. Additionally, players reported instances in which behavior by coaches, staff, or club leadership created a culture in which players feared retaliation. The Thorns's counsel's unexplained conclusion was consistent with what was communicated to Shim and Riley. Riley also held club events for players at his Long Island home, where players reported that they drank with him during their stay. However, Dames privately complained to Whisler about the need to change his behavior. 69, that would allow us to travel home." One player recalled that Holly knew "every time [she] had people at [her] apartment, and a second player noted that Holly heard if players were playing loud music or things like that." One player recalled her club expressing "over and over" in response to players' requests for improved conditions and more resources, "This is how it is. Under the 2022 Anti-Harassment Policy, the League "prohibits reprisal or retaliation against anyone for engaging in the following Protected Activity: filing a good faith report under this Policy; supporting or assisting, in good faith, someone else in pursuing a report or in an investigation; objecting to misconduct; or filing, testifying, assisting or participating in any manner in any investigation, proceeding or hearing conducted by a governmental enforcement agency." The evidence shows that LaHue then followed up with, "You were going to get a massage, I didn't see it. The NWSL began its own investigation into the player's complaint, but stopped after two days at the direction of U.S. Soccer. The agreement also expressly permitted Holly to provide an honest assessment of players' performances-including Simon-notwithstanding the risk that he would retaliate against Simon or others by sharing negative feedback with scouts or coaches. Misconduct in the League is not wholly independent from abuse that begins in youth soccer, where many coaches' and players' formative experiences shaped the way they engaged in, or reacted to, misconduct and abuse in the NWSL. Unprofessional Communications 11 e) i The two most senior executives in the League's front office, Commissioner Lisa Baird and General Counsel Lisa Levine, resigned. 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.
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