The Thorns's counsel's unexplained conclusion was consistent with what was communicated to Shim and Riley. Riley-who is around 15 years older than Farrelly-began lowering professional boundaries with Farrelly during that time, including by focusing his attention on her during nights out drinking with the team, asking probing personal questions, and telling her she was "beautiful." They used derogatory and insulting language towards players, displayed insensitivity towards players' mental health, and engaged in retaliation against players who attempted to report or did report concerns. 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. The NWSL began its own investigation into the player's complaint, but stopped after two days at the direction of U.S. Soccer. The actions of League and U.S. Soccer personnel-from the League's founding, through its years under U.S. Soccer management, to the present-demonstrate that misconduct does not announce itself, but requires proactive prevention and detection. In December 2012, the Red Stars officially hired Dames as its first head coach in the newly-formed NWSL. The public revelation of Riley's misconduct and the systemic issues it exposed prompted outcry and action. For example, Racing Louisville player Erin Simon observed that former Racing Louisville Head Coach Christy Holly, discussed at length below, would inappropriately put his hands on players "all the time in training, and a rookie teammate went along with his inappropriate touching because she was a bench player and feared being cut from the team. . 1. Farrelly also emailed Baird and the NWSL HR Office email account in April 2021, stating she had "not only witnessed but also experienced firsthand extremely inappropriate conduct" by Riley, that she had raised "serious" allegations during the 2015 investigation that were not independently investigated, that she had experiences of Riley making comments about her personal relationships and sexual orientation in addition to what she reported during the 2015 investigation, and that there were "numerous instances of severe misconduct" involving Riley prior to when she joined the NWSL. Simon said that in 2019, she received an invitation to a U-23 national team camp. Investigators determined that LaHue's interactions with the player constituted misconduct. In the fall of 2022, Kurtz decided to share Riley's misconduct with the Joint Investigative Team. During the spring of 2021, the 2015 complaints against Riley resurfaced. These categories are illustrative and non-exhaustive; emotional misconduct also can include intentionally acting in a manner that causes emotional or psychological harm, including severe or repetitive conduct, such as insulting or degrading players or by creating a hostile working environment for players. Likewise, at least one player expressed concern that the nature of Holly's departure from Sky Blue was not fully disclosed to Racing Louisville before the club hired Holly as their head coach in 2020. The announcement finally came on July 16, about a termination that happened on July 9. Whereas the Yates report intentionally focused on what it deemed the most egregious abusers, the joint investigation scrutinized more nuanced incidents of emotional abuse and power imbalances that caused players to report that they contemplated quitting, had panic attacks and, in some cases, needed therapy. This is especially important in situations where club staff with control over player transactions (coaches, general managers, etc.) Hammond said that Kurtz's agent had requested a trade, and Hammond reached out to teams to try to find a trade for Kurtz. There is more history." Women's soccer in the United States has a long history of relationships between players and staff. I also pitch in with coverage of college basketball and the WNBA. They also spoke with Cindy Parlow Cone-former Thorns head coach and current U.S. Soccer President who indicated that Riley was better with up and coming players, was not as good with established players, and that players felt Riley over-trained them. The New Jersey-based club wanted to recognize its growing reach across the region. Misconduct on any level cannot be tolerated, and clear reporting lines along with proper vetting must be enshrined in NWSL policies. ), The actions of League and U.S. Soccer personnelfrom the Leagues founding, through its years under U.S. Soccer management, to the presentdemonstrate that misconduct does not announce itself, but requires proactive prevention and detection, the report says. She also feared Holly would ruin her career. 57, older, all of his friends would want to sleep over at her house-which the player understood as an insinuation about her attractiveness. 1. The National Women's Soccer League on Monday permanently banned four former coaches from working in the league, in the wake of BigLaw probes that revealed a raft of sexual misconduct and toxic . . The report states, Multiple individuals emphasized the critical insight that can be gained by speaking with persons knowledgeable about the candidate.. Furthermore, Thorns owner and then-CEO Merritt Paulson and then-Thorns General Manager Gavin Wilkinson were familiar with the 2015 allegations and findings against Riley, but they were not transparent with the Flash and the Courage when those clubs were vetting Riley. Players reported that Pauw's comments affected a teammate struggling with an eating disorder. The day after the player spoke to the NWSL about her complaint, Dames texted Whisler that he was planning on waiving her. . The 2021 Anti-Harassment Policy prohibited harassment, sexual harassment, sexual misconduct, bullying, hazing, and other forms of physical and emotional misconduct. Levine told the Joint Investigative Team that she did not second guess this determination or come to her own conclusion on this issue based on her review of the facts laid out in the final report. 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. Those findings will remain confidential and the league will not comment further on individual club personnel matters.. The message internalized by these players was that the institutions of which they were a part were at constant risk of failure and that by rocking the boat, they could single-handedly cause that failure. Some players reported that Clarkson's unpredictable mood contributed to a culture of anxiety. The head coach would ask questions about players who were dating women, and another coach would contrast players who were dating women with players who were not, implying that the team should consider players' sexual orientations when making roster decisions. One player recalled Riley repeatedly calling a teammate that he considered chubby "Chips" in front of the entire team. In late June 2015, Riley encouraged players to attend a Women's World Cup match in Vancouver. One player told Predmore that they believed it to be "so important" that the club's communications state that Farid ha[d] been terminated. Wilkinson said that on advice of counsel for the Thorns, he did not discuss the reason for Riley's termination and did not tell Lines about the allegations against Riley. It also states that "[e]xceptions to this policy may be granted by ownership or the Chief Operating Officer if, in their sole discretion, it is determined that the close relationship is not likely to cause actual or perceived conflict or favoritism, which is inconsistent with the NWSL policy. Craig Harrington blurred professional boundaries with players. Players reported that by bringing players into a meeting with Holly, club management created a fear of retaliation which discouraged them from reporting further Farrelly described this as a build-up with Riley. 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. 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. "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. For example, the Courage's policy did not contain an anti-retaliation provision. Zerboni is hopeful for the building process currently underway within the league, and looks forward to seeing positive improvements implemented at the league and club levels.The recommendations set forth by the report were extensive, and can be found in the final pages of the report. Background checks, reputational checks, and other forms of vetting are not an infallible defense against coaches or staff who engage in misconduct. Bailey also noted to Whisler that the player survey results were shared with Flynn and Gulati, and Whisler emailed both Flynn and Gulati regarding the survey results. 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. Another club's general manager noted a lack of clarity in whether the NWSL or clubs should be handling complaints from players. LaHue is supportive of the ongoing reforms that are taking place in the NWSL, it said in part. Shim believed Riley would try to pressure her to have sex with him during the trip, so she made sure she was never alone with him. Riley agreed to try, and the Dash traded her back to the Thorns a week later. b) Staff Living in Player Apartment Complexes Create a Diversity Advisory Committee Dedicated to Implementing DEI Initiatives ..13 Players reported that the relationship between Williams and the owners made players feel that any complaints raised to ownership would get back to Williams. The investigations into allegations of misconduct-and the NWSL's awareness of and involvement in such investigations have been inconsistent and have not always followed best practices. 44, words, speaking to individuals who were critical of Dames and those supportive of him. After appearing to have turned Gotham in the right direction, LaHue was fired on July 9, though the termination wasn't. The Joint Investigative Team's recommendations are forward-looking and systemic in nature; rather than recommending discipline as to specific individuals or entities, the Joint Investigative Team's recommendations seek to improve the NWSL's policies and practices to prevent misconduct to ensure that players and staff within the League and its clubs feel safe and confident in reporting misconduct. Levine gave the HR employee the impression that Riley was a "respected coach and the "players [were] trying to get him out." In discussing the player surveys, Flynn also noted he could "not remember any concerns that were ever brought to [his] attention by USSF personnel that specifically related to the quality of coaching or any abusive coaching tactics." This may require removing some questions that were included in prior player surveys that could be used to identify responding players, including questions about previous teams, pay, and nationality. The Joint Investigative Team promptly conducted a thorough investigation and, based on the evidence, found that Wilkinson did not engage in wrongdoing or violate the Anti-Harassment Policy. 52, Simon recalled that Holly once brought her into a suite in the Racing Louisville stadium for a film session, even though she had tried to hold it in a public place. Kurtz was not the only player to share her experiences with Courage management after the Athletic article was published. These biases are central to any evaluation of misconduct in the League. Conduct Reference Checks for All Prospective Owners, Coaches, and other Club Staff Who May Interact With Players a) 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. Players at seven clubs (Racing Louisville, Gotham/Sky Blue, the Dash, the Courage, the Thorns, the Spirit, and the Red Stars) reported to the Joint Investigative Team that they were unaware of whether their clubs had HR personnel or that they otherwise did not know to whom they could report concerns at their clubs. The Joint Investigative Team asked Harrington for his cell phone records, with call and text details, for the month in question. The training for coaches and other club staff should encourage athlete-centered coaching (focusing on the holistic development of players), effective partnerships between coaches and players, and soccer-specific constructive criticism. Player survey comments alleging that NWSL or club staff have engaged in misconduct should be assessed and, where appropriate, investigated. First, the summary stated that Dames appear[ed] to need guidance on when and how often it is appropriate to text players and the best way to provide constructive feedback. Second, the summary noted that "Dames and Whisler should be concerned about the mere appearance" that Dames had an inappropriately close relationship" with one player. Former Sky Blue player Nikki Stanton said that Holly frequently told her in training sessions, If you want to be the best" in the League at your position and make the national team, "you need me." Shim recalled being uncomfortable" that someone she knew might see her being interviewed. 1. With regards to the League's legal and HR functions, from 2012-2017, then-U.S. Soccer General Counsel Levine handled the NWSL's legal and HR responsibilities in the absence of an NWSL general counsel. 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. Despite receiving players' reports of verbal and emotional abuse by Dames, she took no action to suspend Dames or otherwise prevent further misconduct during the investigation. Even where clubs did conduct background checks, the checks were in many cases narrow and limited to reviewing only a candidate's criminal history. One night in May 2015, members of the Thorns went to a bar in Portland following a home game. The NWSL should advise clubs and coaches that if a coach has legitimate health or fitness concerns about a player's weight, that coach should speak privately with the club medical staff so that the medical staff can address the concern privately with the player. Enhance Reporting and Investigation Procedures. 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. Players recounted that he told one player he would have sex with her. 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. WUSA, the first women's professional soccer league in the United States, began play in April 2001. 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. In particular, and as detailed in the findings section of this Report, the Thorns, Racing Louisville, and the Red Stars withheld key documents from the Joint Investigative Team on these grounds until late in this investigation, and after U.S. Soccer released King & Spalding's USSF Report. As another example of a coach targeting a player's personal attributes, according to a staff member, Holly criticized a player by wondering aloud why he had "wasted a draft pick" on her after a stress test revealed she had a medical condition. 1. One player said that after Holly learned she had experienced a personal loss, he encouraged her to meet with him late at night. Nikki Stanton reported that Holly, who had been close to her and spent hours each week personally training her, abruptly stopped when Stanton told him she had started dating another player. A player also recounted hearing that around this time, Wilkinson asked Shim's agent at the time to meet in Portland. Beyond the Bottom Line is a podcast created by the Program on Entrepreneurship at the Yale School of Management, where we're educating founders for business and society. b) Club Policies Inconsistently Addressed Romantic Relationships The NWSL's Non-Fraternization Policy states, "No person in management or a supervisory position with a Team or the League shall have a romantic or dating relationship with a League or team employee whom he or she directly supervises or whose terms and conditions of employment he or she may influence (for example, roster decisions, promotion, termination, discipline, and compensation). Most clubs do not address romantic relationships between club staff, or between club staff and players, in their employee handbooks. The player reported that she later told Clarkson she found the comment offensive, and he laughed again. Even players who were more supportive of Dames said that he was "definitely very unpredictable and that players [did not] know what kind of Rory [they would] get at practice. The League has committed to communicating and consulting with the NWSLPA in player-involved investigations as part of these procedures. The 2022 NWSL Anti-Harassment Policy contains a similar provision that "[s]upervisors in NWSL, including supervisors affiliated with or employed by Teams, are required to report promptly all complaints or reports of misconduct (including incidents of workplace discrimination, harassment, or bullying that they experiences, witness, or receive information about, whether or not reported as formal complaints) and all other potential violations of this policy to the NWSL HR Manager." With the details of LaHues termination from Gotham finally coming to light along with a multitude of other issues across the NWSL, the league and the players association make one thing clear: systemic failures in league policy made it possible for such behavior to occur, and the time for change is now. This information suggested that Riley might pose a danger to players, but the Courage did not take adequate steps to learn the findings of the investigation, reflecting a lack of appreciation for the power dynamics between players and coaches, and the Courage employed Riley despite knowing of this allegation. In addition to reports of misconduct involving Paul Riley, Rory Dames, and Christy Holly, described in detail below, the Joint Investigative Team identified many instances of coaches, staff, club leadership, and other individuals in positions of power engaging in misconduct directed at players. Paulson said the Thorns's counsel who directed the 2015 investigation was concerned about a lawsuit against the Thorns and told the Thorns that it was the NWSL's responsibility to convey information related to the investigation to other NWSL clubs. One club employee recalled that Riley often made comments about lesbian players, including that players dating women negatively impacted their playing performance and their commitment to the team. This concern was well-founded. This actually isn't okay. For example, the Courage re-signed Jaelene Daniels in 2021, after her brief retirement. . 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 . 21, not done with other deleted emails. While recent efforts have been made to streamline the reporting and investigation procedures, the NWSL could take additional steps to further streamline and improve these procedures and communicate them more clearly to all players, club staff, and NWSL staff. Multiple players described outsized, angry reactions to innocuous questions or requests. 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." a) Dames's Misconduct at the Chicago Red Stars Clarkson denied making this comment, but witnesses corroborated that Clarkson was visibly upset and frustrated at the player, and that the player was upset. Riley declined to respond to requests to participate in this investigation. After the incident at the stadium, Simon avoided Holly for a few weeks, but he eventually pulled her into the same suite in the stadium where the previous incident occurred and confronted her. This former player said a few players were kind of being weirded out" by Dames's invitations, because they felt he was "always asking" them "to go get food" or to "hang out" with him. Kurtz also reported in this meeting that Riley made "sexual comments to her and criticized her weight, including by calling her "chubby."
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