Check out my latest update here if you need a recap of where we currently stand in the wake of Larry Nassar’s abuse.
Ready for the next steps in our continued journey of “how institutions totally mess up actually holding themselves responsible for enabling sexual predators and make false promises to create meaningful change”?
Michigan State University
- In January, the U.S. Department of Education found Michigan State University in violation of federal law “by failing to comply with requirements that aim to ensure a safe campus, systemically underreported crime statistics, and — in the handling of sexual assault allegations against former athletics physician Larry Nassar — demonstrated ‘lack of institutional control’.” These violations of the Clery Act (passed in 1990) spread across MSU and included Greek Life, athletics, residence halls, and others; the report found that the university did not even have a “minimally adequate” system in place to report sexual abuse. Some of the violations include:
- (2016) A strength and conditioning coach failed to report a call from a former MSU athlete detailing how Nassar had “touched her inappropriately.” Rather than adhere to the rules required to report abuse, the trainer instead brought the report to an associate athletic director. Neither the coach nor the associate athletic director reported the incident to area police or MSU’s Title IX office.
- (2016) MSU’s Sexual Assault Program did not know they were required by federal law to report abuse on campus. As a result, the crimes reported to SAP were never included in the campus’s safety statistics. Additionally, “the Sexual Assault Program couldn’t give federal investigators any documentation at all about the crimes reported to them because ‘the University stated that the SAP office did not maintain such records’.”
- (2014) Mandatory Reporting Training is basically, yikes. In 2014, the institution could not identify who on their staff qualifies as a a campus security authority. This designation is important because federal law requires anyone considered “campus security authorities” to report any serious crimes that occur at the university. MSU records state that they believed there were 50 such staff members at the time (today that number is 1,500). The training for a CSA included a Powerpoint and quiz that is emailed to the employee; however, the university “has no way of knowing whether the CSAs complete the training and quiz, and thus, no assurances that the CSAs are capable of performing their assigned duties”.
- The Clery Act requires institutions to report accurate crime statistics including publishing reports of sexual abuse. Currently MSU’s application for recertification is on hold while they work to actually adhere to the requirements of the law. Their punishment includes lack of federal financial aid ($423 million dollars in federal funding per year) and fines per violation. It is important to note that the largest fine charged was the $2.4 million levied against Penn State after the Jerry Sandusky abuse was reported.
- On February 28th, MSU opened a temporary fund for survivors of abuse and their parents. To receive funding for counseling and mental health services, the abuse had to occur either at MSU or to an MSU student-athlete. Remember that the old fund was halted in July of 2018 amid concerns over “possible fraudulent claims”. Then-president John Engler stated that the money set aside for the fund could be used instead for lawsuit payouts.
- The Michigan Department of Licensing and Regulatory Affairs filed complaints against two MIchigan State University trainers for “giving false statements to police about their knowledge of sexual abuse by Larry Nassar”. Destiny Teachnor-Hauk and Lianna Hadden (who both still work for MSU) can face fines and have their licenses suspended or revoked. Remember that Teachnor-Hauk failed to report abuse stated by softball player Tiffany Thomas Lopez and also was one of the medical experts interviewed for the 2014 Title IX investigation of Nassar, an investigation which eventually cleared him of all charges. Two student athletes disclosed abuse to Hadden in 2000. Teachnor-Hauk was her supervisor at the time.
- Michigan Attorney General Dana Nessel stated in her first news conference on February 22nd that “a full and complete cooperation of MSU, frankly, continues to be a challenge… They have fought us every step of the way. It’s time for Michigan State University to do the right thing.” The university did not turn over 7,000 documents to her office; a portion of the documents (1,000) were eventually given after the state took MSU to court. Nessel further pleaded with the Board of Trustees to promote transparency and help with the investigation.
- Former Michigan State student and athlete Nicole Casady, shared her story of abuse by Larry Nassar. First assaulted at a training camp and later at the university, she said she abused over sixty times.
- The preliminary hearing for former MSU president Lou Anna Simon, charged with lying to police about her knowledge of Nassar’s abuse on campus began on February 5th.
- Kathie Klages, former MSU gymnastics coach and one of Larry Nassar’s longtime friends, is currently awaiting trial for two counts of lying to police (seeing a trend here?). On February 7th, she filed a motion to “prohibit the release of certain personal information”.
- Li Li Leung was named the new CEO of USA Gymnastics. Leung is a former gymnast at the University of Michigan and a vice president for the NBA. She also has a sports marketing background. She replaces Mary Bono, who resigned after four days in the role.
- On March 5th, USAG filed a motion in bankruptcy court to pay Leung an annual salary $450,000 plus discretionary annual performance bonuses and a moving allowance of $15,000. It is important to note that USAG “forgot” to pay salary claims made by 2018 world championship coaches.
- Leung’s announcement was met with controversy from survivors who found her background too similar to former CEO Kerry Perry and her work with the NBA (an organization with its own issues of abuse by athletes and staff) discouraging. Many were not happy that they were not represented in the hiring process.
- USAG is suing 30 of their insurers for failing to pay the organization’s legal costs related to the 100 lawsuits brought against them by 300 women and girls relating to Nassar’s abuse. The battle over their insurance coverage (and whether their insurers will foot the $150 million bill) is related to the organization’s decision to file Chapter 11 bankruptcy. The bankruptcy court is now responsible for deciding whether USAG had the proper coverage and if the organization was negligent in their responsibilities to their insurers: “the potential ultimate payouts to the victims is complicated by the mix of negligence and fraud claims USAG faces. Fraud and other intentional conduct claims are usually not covered under typical general liability insurance policies, experts said. USA Gymnastics is suing over both comprehensive general liability policies and directors and officers policies, according to its complaint”. They certainly failed the responsibilities they had to keep athletes safe.
- During the bankruptcy hearing, survivors Rachel Denhollander, Tasha Schwikert, and Sarah Klein questioned the CFO of USAG, Scott Shollenbarger on the process. He could not answer many of the questions raised; Schwikert, the 2000 Olympic bronze medalist, called the meeting “one big I-don’t-know.”
- The deadline to file claims against USA Gymnastics was extended to April 26th.
- The United States Olympic Committee (USOC) will double the funding to the organization’s Safe Sport program to $6.2 million annually. Safe Sport is funded by the Olympic governing bodies in the US and is charged with investigating any reports of sexual abuse.
- One of the USOC’s insurers, Arch Specialty, claims that the organization knew about the Larry Nassar abuse in USA Gymnastics before applying for their $8 million policy in 2017 (!!). In a Colorado court Arch Specialty reports that their policy only covers sexual abuse that could not have been foreseen by the organization and they are therefore not liable to pay out for any settlements related to Nassar’s abuse.
- As of March 8th, the USOC has paused steps to decertify USA Gymnastics as the governing body for the sport. USOC chief executive Sarah Hirshland stated: “We believe that USA Gymnastics’ intention in filing bankruptcy was an attempt to resolve litigation they are facing in an expedited and organised way… We believe that is a really important step for USA Gymnastics and don’t think disrupting that in any way by pursuing the section eight hearing at this point is helpful to that process”.
- A bill extending the statute of limitations for sexual abuse cases an additional three years in Indiana was stalled at the statehouse last month. The bill, designed to give survivors of abuse more time to file reports, was developed after Indianapolis based USAG was found to have allowed years of abuse of athletes. The Judiciary Committee’s Chair, Sen. Randall Head, sent the bill to a summer study committee stating: “The topic of statute of limitations have some implications that have not been testified about this morning. If we open the statute of limitations for everyone until 2022, it’s possible that victims could get justice. But then 10 years after that there could be other people that say, ‘Wait, you need to open it up again.’… I don’t think we’re ready in this committee this morning to make a decision regarding the statutes of limitations and all of those implications”.
- Michigan Attorney General Dana Nessel also stated that her office will investigate former coach and 2012 Olympic Team Head Coach John Geddert. Eaton County began an investigation into Geddert after multiple survivors came forward with stories of physical and mental abuse in his gym, Twistars; “no timeline” was determined for when that investigation would be completed. Nessel has now taken over the case and put prosecutor Danielle Hagaman-Clark in charge of leading the investigation and that “any and all potential crimes will be pursued”.
For all of our sanities, I want to end on a high note.
This quote by Simone Biles will hopefully get you through this madness:
“A badass is a woman who has confidence in herself, along with a bit of attitude and some swag.”https://www.instyle.com/news/simone-biles-badass-woman
Reading: The Marrow Thieves (Cherie Dimaline)
Watching: Abducted in Plain Sight (Netflix)
Listening: Lux Prima (Karen O & Danger Mouse)
Extra special thank you to Gymcastic for all of their continued coverage.