A former player told the Joint Investigative Team she believed the investigation was "inconclusive because no action was taken." While player transactions and staff terminations are certainly not the only conduct that could be retaliatory-and many player transactions may be motivated by non-retaliatory and soccer-specific reasonstaking this step could alert the NWSL to any potentially retaliatory player transactions or staff terminations and allow the NWSL to investigate where needed. However, the extent to which clubs actually spoke to former owners, general managers, staff, or players who had worked with a coach varied drastically. Hendrix also recalled that Holly sent Simon a picture of his penis. 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. More broadly across the NWSL, several witnesses recalled instances when coaches and other club staff would confuse non-white players, sometimes repeatedly. On the Monday night before the game, four Dash players had dinner at a Pumas player's apartment and returned to their hotel around midnight. A text message conversation between Whisler and Dames confirms the player's concern. This same player stated Riley called players "dumb, stupid, slow, idiotic, retarded" and "worthless," and remarked that the players had "no balls" and would never be better than the average 16 year old boy." On August 16, 2017, Sky Blue announced that Holly was "stepping down" as head coach, and the club said it had come to a mutual agreement with Holly" and that he left "on good terms." In September 2015, Sky Blue, an NWSL club now known as NJ/NY Gotham FC, expressed an interest to the NWSL and the Thorns in speaking with Riley regarding a coaching position. 115, C.
Garcia, who conducted all of the interviews and collected and reviewed documents and text messages from individuals she interviewed, is not a lawyer and lacked experience in conducting sensitive investigations.
Some players viewed this as defending stadium security staff. Further, the Joint Investigative Team found that the NWSL investigation put the complainant at risk of retaliation and failed to adequately prevent interference from the Red Stars. One assistant coach described how Holly would "ream out two Black players on the team and how he described them as lazy. The assistant coach noted Holly's description was both inaccurate and racially insensitive.
A player on another team remembered her coach saying to a teammate, in front of others, "I could take away your contract like that."
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. The prospective owner asked how "pervasive" the problem was and wrote that he need[ed] to know that NWSL is protecting these girls and is vigilant about preventing such abuses of power in the future." Maintaining a competitive women's professional league in the United States has long been viewed as critical to the long-term success of the USWNT. This left players "confused about what [Riley] wanted from them," and whether the trip was "training or vacation." In addition, while Cromwell and Greene denied knowing who made complaints about them during the March Investigation, the evidence suggests that they formed a belief as to which players made complaints or spoke negatively about them in connection with the March Investigation. The League is also part of a soccer ecosystem in which mistreatment of players is endemic-one which affects not only the NWSL, but other professional leagues, both domestic and abroad. The NWSL should provide training and guidance to the clubs on the types of questions to ask. Moreover, investigations into allegations of misconduct should not be limited to assessing whether "unlawful harassment" occurred. Another player said she did not know who at her club she would report to if she heard a staff member say something racist, and she was not sure it would be the same person she would go to if she heard a staff member engage in other forms of emotional abuse. Several players and staff described Clarkson's mood as unpredictable or hot or cold, leading players to feel like they were walking on eggshells around him or would not know what to expect in terms of his attitude on any given day. The Committee could be comprised of League staff, club staff, club owners, and players. 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. 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. During a break for West Ham in the summer of 2019, Simon returned home to New Jersey, where Holly lived about 20 minutes from her home. Players reported that by bringing players into a meeting with Holly, club management created a fear of retaliation which discouraged them from reporting further
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.
Other club policies did not address supervisor or manager obligations to elevate complaints to anyone. 87, When the NWSL distributed its Anti-Harassment Policy in April 2021, it was not accompanied by any training. Novo explained that before this happened, players approached him and requested a meeting to share concerns about Holly.
The Joint Investigative Team reached out to approximately 780 current and former NWSL players regarding the investigation. Harrington responded that he reviewed his phone records, but he could not verify how the player contacted him. The NWSL should encourage clubs to involve players in interview and hiring processes where feasible and to seek feedback from a range of players who are familiar with prospective
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 . Nevertheless, she decided to dress for the game because she did not think she would get any playing time. In another example, Paulson recounted that when he spoke to Wahlke about the 2015 Thorns Investigation when U.S. Soccer was considering hiring Riley as a coach in 2019, Wahlke focused on the fact that the investigation had found no unlawful harassment. Burke screamed and cursed at players, even when those players were crying and visibly emotional. Shortly after Garcia began investigating, the Thorns retained a law firm to assist in the investigation. The report, however, acknowledges that "a majority of players expressed the view that Clarkson's treatment of players did not rise to the level of abuse or misconduct. 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 reported that as a result of reporting misconduct or supporting others in doing so, they were verbally abused, isolated and ignored by coaches, removed from starting roles, waived, traded, and not re-signed, among other consequences. Shim also forwarded the complaint to then-NWSL Commissioner Jeff Plush. Those discussions should be focused on how to improve the player's performance and should not include any jokes, insults, or other unconstructive comments about players' weight, appearance, or eating habits. He shut the door and stood between Shim and the door, and she saw he was wearing only his underwear. In text messages, LaHue also expressed an emotional reliance on the player and repeatedly questioned the player's interactions with another individual, stating in one message, [Y]ou knew I'd be mad about you talking to [her] so long. The revised policy should state that waiving players, trading players, or buying out players' contracts could be retaliatory and a violation of the policy if a motivating factor for the player transaction is the player's engagement in a Protected Activity. For example, he would ask Shim to come to his apartment to review game film, and on two occasions, she went. So did the message of an adult brand backing a sport that has long marketed first to kids and families. They stated that they had difficulty convincing the Board of Governors to act. It provides a successful (albeit anonymous) example of this working in late 2021. An individual affiliated with the USWNTPA described former U.S. Soccer President Sunil Gulati as a puppeteer overseeing the League and recalled Gulati exerting authority over proposed player trades. A player who said that she liked Dames acknowledged that he would not make the blunt crazy comments" to her that he made to others. Oversight Committee Composition and Operation
While he sometimes yelled at her during practice, she described the yelling as a one and done; others he [would] stick with for a whole practice. Another player who felt positively about Dames similarly said that Dames would "pick on" certain players, "constantly criticizing their on-field performance." 3. 109, result of the failure to share information, the NWSL, the Red Stars, and players were left with the impression that Dames's behavior was deemed acceptable by U.S. Soccer. One former player recalled that her college goalkeeper coach and assistant coach were both married to former players. Despite these recurrent issues, Whisler told the investigator that he believed that Dames had improved in his demeanor, mindset, and patience during his years as head coach and that Dames would not "be hard on someone unless he [thought] they [had] it within them to rise up."
Recommendations..
103, Benstiti did not respond to the Joint Investigative Team's request to speak with him. According to a player at the first club, the staff member used [their] power to help th[e] player" they were dating.
In September 2021, this requirement was updated to include assistant coaches and other club staff who would regularly interact with players. In order to ensure the integrity of reporting channels, and to mitigate concerns regarding potential retaliation, the NWSL should require that separate individuals hold key leadership and management roles within clubs. She has denied any wrongdoing. Provide Written Guidance to Coaches and Other Club Staff Stating That It Is Inappropriate to Make Degrading Comments or Jokes About a Player's Weight
The player had reported to one member of the coaching staff, but not to Clarkson, that she was feeling ankle discomfort before a game. According to an external review conducted by the Red Stars in 2021, players described Dames "as 'condescending', manipulative', 'aggressive', 'insulting', [and] an intimidator."" In a publicly reported incident, the Orlando Pride supporters group displayed a banner during a game in protest of the Florida "Don't Say Gay" bill, and the club had the banner removed.
The Joint Investigative Team collected documents and other materials from a variety of sources, including the NWSL, its member clubs, the NWSLPA, U.S. Soccer, and various individuals. Going forward, the NWSL will, in accordance with its policies and procedures, investigate and address any allegations of misconduct that are reported through its established reporting channels. When asked about this incident, Burke denied ever having yelled at a player who appeared to be experiencing a panic attack and explained that he always tried to make players laugh and feel comfortable before and during games. 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.
1. Require Separate Individuals to Hold Key Club Leadership Roles
The Joint Investigative Team recommends that the NWSL adopt additional measures to facilitate a safer, more inclusive, and more respectful workplace for players. 7. It's a vicious cycle." Shim emailed a complaint, with a narrative describing Riley's inappropriate conduct, to Garcia, Riley, Wilkinson, and Thorns owner Merritt Paulson. Later in 2015, U.S. Soccer received both Shim's initial complaint against Riley and the Thorns's investigative report. 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. However, looking back, this player observed, "People realized, 'There are different ways to do this. Allowing Riley to continue coaching in the NWSL endangered NWSL players.
For much of the NWSL's history, the NWSL and many of its clubs did not employ any designated HR staff. On other occasions, Riley texted Kurtz about being at bars. F.
At the same time, certain behaviors that have been normalized as "tough" coaching, such as screaming in players' faces, are slowly but increasingly recognized as inappropriate and abusive. When U.S. Soccer did respond to the Joint Investigative Team's requests, it produced limited documentation and refused the Joint Investigative Team's request to identify the documents withheld. When Racing Louisville sought feedback on Holly from references at Sky Blue, Novo was no longer there and the individuals at Sky Blue that Racing Louisville spoke with did not know about and therefore did not convey the full universe of concerns originally raised by players against Holly, instead citing only Holly's relationship with a player.
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. This failure stemmed, in part, from confusion between U.S. Soccer, the League, and its clubs about their respective roles in responding to reports of misconduct, including whether they were expected-or even permitted-to develop HR functions and address misconduct.
At one point during the 2017 season, players held a meeting with coaching staff to address their concerns that Holly was dating Pearce Rampone. Holly also asked Simon to send him suggestive pictures of herself, including a request for a picture of her in his boxers. All NWSL staff, players, and club staff, including coaching staff, are required to take a 90-minute SafeSport Trained Core Course, which includes training on sexual misconduct awareness and education, mandatory reporting, and physical and emotional misconduct.
According to multiple players and club staff, Riley repeatedly made negative comments about the relationship to other players on the team, including remarks that Farrelly was not truly a lesbian and that Farrelly's then-partner was a "predator." Gorden said that she and her boyfriend were racially profiled, prompting a league investigation at the time. While much of the sexual misconduct she described took place when Simon and Holly were alone, Simon confided in her friend and teammate, Brooke Hendrix, who spoke to the Joint Investigative Team and shared what Simon told her about some of Holly's abuse as it was occurring.
Multiple players reported hearing that Williams referred to this player, a leader in the locker room, as "toxic." f) Resurfacing of 2015 Allegations Against Riley
A staff member "got really drunk" during this party and "made inappropriate passes at people." NJ/NY Gotham FC and general manager Alyse LaHue have parted ways. When LaHues termination was announced in June 2021, an NWSL spokesperson put out a statement via Meg Linehan on Twitter stating: Following a complaint, the league conducted an investigation and shared the findings of that investigation with Gotham FC. Whisler signed this non-disparagement clause notwithstanding the commissioning of the NWSL and NWSLPA Joint Investigation the month prior by the NWSL Board of Governors, of which Whisler was a member at the time. Until 2017, the NWSL front office had five or fewer full-time staff members, and it did not have a dedicated HR staff member for players, who are NWSL employees, until June 2019. While the NWSL has recently improved its hiring practices and background check processes, background and reputational checks should be enhanced, and the NWSL should establish formal procedures to facilitate information-sharing among clubs. Holly pulled Pearce Rampone from the starting lineup following the fight, but once they resolved their conflict, he put her back into the lineup. Pauw's presence at the same apartment complex created anxiety among players.
The NWSL then informed the club that it was not in compliance with the policy.
4. Simon recalled being excited to play for Racing Louisville but also "terrified" because of Holly's past behavior toward her. The world of professional soccer, and professional sports more broadly, presents unique questions about what constitutes inappropriate conduct by coaches and other staff. Shim reported that at his apartment, Riley offered her wine and placed his hand on her leg. 2. Another player explained, "We are still in a growing league, and that's not lost on players." Two players said they sought therapy. One player remembered that there was "casual drinking throughout the day while players stayed at his home, and it felt like the alcohol was a gateway" for Riley to "wiggle his way in" with players. One player noted, It was really pushed into our brains, 'don't say anything."" A player from another club recalled players feeling like they would not be protected if they spoke up about a coach's misconduct, and the player also expressed fear that she would be traded or cut if she raised concerns about her coach. Following the receipt of evidence that Cromwell and Greene were retaliating against players and considering removing from the team players they believed had participated in the March Investigation, the Joint Investigative Team recommended in June 2022 that Cromwell and Greene be placed on
The History and Culture of the League and its Member Clubs Discouraged Reporting of Potential Misconduct
For example, one player recalled reaching out to an owner regarding a housing stipend that clubs could provide to players. Paulson told the Joint Investigative Team he thought it would be important to Malik that, from Paulson's perspective, the Thorns accurately announced that Riley's contract would expire at the end of the 2015 season. The NWSL's Founding, Initial Success, and Challenges
After appearing to have turned Gotham in the right direction, LaHue was fired on July 9, though the termination wasn't. Paulson noted that Wahlke kept coming back to the determination of no unlawful harassment. . In October 2022, the Joint Investigative Team received a report that then-Thorns Head Coach Rhian Wilkinson had disclosed to the Thorns's HR director potentially inappropriate interactions with a player with whom she had formed a friendship. Those who had known Dames for a long time acknowledged that his "behaviors ha[d] improved," but the review stressed the importance of "consider[ing] the severity of the starting point as context for growth in behavior."
Starr also recalled Simon showing her text messages she had received from Holly, including messages
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Another Racing Louisville staff member did not recall any conversations at the club about reporting Holly to SafeSport. Years after both Shim and Farrelly left the Thorns, the former teammates spoke about their experiences with Riley, and Farrelly shared with Shim her own experiences with Riley's misconduct. The 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 . 91, The perceived absence of HR at the NWSL and its clubs meant that many players felt that they had no clear path to report misconduct they experienced. As one player explained, an emotionally or verbally abusive coach would "yell to hurt [players'] feelings, not make them better." The NWSL Anti-Harassment Policy can and should continue to evolve to better protect players and incorporate the learnings from player and staff experiences and feedback. In this email exchange, Bailey did not mention the player survey responses stating that Dames created a hostile work environment and that he made sexist, racist, abusive, and other prejudicial remarks directed at players. Players reported that Riley often inquired about and commented on players' romantic and dating relationships. As early as June 2021, players reported that Holly had shouted at and personally attacked" players who had gone to him for one-on-one feedback.
In December 2012, the Red Stars officially hired Dames as its first head coach in the newly-formed NWSL. E.
The report did not make any recommendations, noting instead that recommended actions for the Thorns to take would be determined by Paulson and Wilkinson. Interviews with club and League personnel suggested a lack of information sharing both within Sky Blue and with the League. Whisler said he believed that Dames might still be able to assist with the draft or contribute to the club in other ways, and wanted to "preserve the option in the agreement. Former U.S. Soccer CEO Dan Flynn stated, in a written statement, [T]he USSF's role as manager' (a misnomer to be sure) of the NWSL was really quite limited. At the same time, the Thorns claimed legal privilege over the very information that would be responsive to such inquiries, creating barriers for the NWSL and U.S. Soccer to disclose what the investigation revealed about Riley's misconduct. Paulson further noted that this was not the first time he told Malik that Riley had been terminated; he said he told Malik about the termination during a meeting of NWSL owners prior to this August 2019 call. During the course of the investigation, an attorney from the law firm engaged by the Thorns provided Levine-who in addition to her duties at the time as general counsel of U.S. Soccer would advise the NWSL-with updates regarding the progress of the investigation. Players sometimes reported misconduct through player surveys conducted by the NWSL, even though the surveys were not specifically intended to capture this information. The caveat, "if they were made," ignores the undisputed fact that Dames admitted to calling a Black player a "thug." Out of respect for player privacy, this Report does not provide a detailed account of the evidence or findings in this and other instances where the Joint Investigative Team determined no misconduct occurred. 4. In 2022, in consultation with the NWSLPA, the NWSL replaced the 2021 AntiHarassment Policy with the Policy to Prevent Workplace Discrimination, Harassment, and Bullying (the "2022 Anti-Harassment Policy"). Later that night, Bates texted Starr informing her he spoke to Racing Louisville Executive Vice President James O'Connor and Racing Louisville President Brad Estes about the sexual harassment, and they needed to know who the player was. Borislow sued the WPS, entangling it in a costly legal battle
The Joint Investigative Team requested an interview of the Current owners, and Angie Long sat for an interview.
Temares and former Sky Blue Chief Financial Officer Mary Smoot did not recall being consulted about, or in any way involved in, the press release. A former player stressed that "players married to staff members [and] coaches" is "an issue across multiple clubs." The 2021 AntiHarassment Policy primarily focused on maintaining a safe environment free of harassment.
The relationship also created problems among the players. Horan spoke publicly about weight-shaming behaviors at PSG on multiple occasions before Benstiti's hiring at OL Reign. The report itself did not include or reference any finding about the lawfulness of Riley's conduct. 116, 3. Text messages between Whisler and Dames in the days following the complaint suggest that Levines approach to the investigation increased the risk of both retaliation against players and interference with the investigation.