“The only way you’re going to change this culture of abuse is to start putting behind bars the people who enabled and covered up that abuse.” –Robert Allard, an attorney who has represented a number of sexual abuse victims in several Olympic sports.
Reid, Scott M. 2019. “Justice Department, IRS Investigating USOPC, USA Gymnastics, USA Swimming.” The Orange County Register. Available here.
Right now the biggest update in the fallout from the Nassar sentencing is the continued shirking of responsibility by Michigan State University; the institution has not only hurt the state investigation into the enablers and policies that allowed the abuse, but have also failed to actually accept responsibility and create change to stop sexual assault from occurring on campus.
“Attorney general Dana Nessel’s office has requested more than 7,000 documents from MSU in its investigation into how Nassar assaulted hundreds of patients on MSU campus for almost 20 years. The investigation looks at who knew what and when, but the office asserts that MSU has ‘stonewalled’ the investigation at every turn. Currently, MSU retains around 6,000 of the requested documents claiming attorney-client privilege.”
Nichols, Anna Liz. 2019. “One MSU Trustee is not Enough: Sexual Ause Advocates Call on Governor to Step in.” Michigan Advance. Available here.
Bryan Tarrant, a parent of a survivor, hoped that the display of luminaries in front of the East Lansing Library–one for each of the hundreds of girls and women subjected to the former doctor’s abuse–would help demonstrate the need for support and policy change by current MSU President Samuel Stanley Jr.
‘But, as he anticipated, Tarrant left disappointed with the talk.
“It was more of the same,” he said. “We still want MSU to come forward and do the things we’ve been asking them to do all along.”‘
Johnson, Mark. 2019. “Nassar survivors met with MSU President Stanley. They left disappointed.” Lansing State Journal. Available here.
Let’s get into it:
Michigan State University:
Michigan State University set the record for most rapes ever reported by an institution of higher learning on their (required) Clery Act report. Reporter David Jesse notes that “there were 933 reports of rape and 137 reports of fondling attributed to Nassar in 2018 on non-campus property”.
Last month the US Department of Education charged MSU with a $4.5M fine for the university’s failure to comply with sexual assault and discrimination standards as set by the federal government in the Clery Act. This is the largest fine ever administrated under this policy. The DOE found that Michigan State failed to properly classify incidents of assault, compile and publish accurate statistics, issue warnings, and notify authorities. June Youatt, the Provost for the university, immediately resigned.
In September, four trustees–Dianne Byrum, Brianna Scott, Joel Ferguson, and Melanie Foster–“stalled and blocked an independent investigation into MSU’s handling of the [Larry Nassar] scandal”. Last year Michigan Attorney General Special Independent Counsel William Forsyth called for this investigation after the university continued to block meaningful inquiries into the institution. The Board continues to refuse to release at least SIX THOUSAND DOCUMENTS related to Nassar.
Last week, an Ingham County judge denied requests to suppress evidence against former MSU Gymnastics Coach Kathie Klages. Klages has been charged with one felony and one misdemeanor count of lying to police. She has not yet been charged with being a generally shitty person–remember that she forced her athletes (many also survivors) to make a card supporting Nassar. She also threatened gymnasts to not file charges against the doctor.
Michigan’s Attorney General’s office has repeatedly requested an interview with former Interim President John Engler about his involvement in the Larry Nassar case. Engler faced harsh criticism for his disrespectful treatment of survivors, lack of transparency, and failure to create meaningful policy following the resignation of President Lou Anna Simon. Engler resigned after the Board of Trustees threatened to fire him.
Former President Lou Anna Simon has been ordered by Eaton County District Court Judge Julie Reinke to stand trial for two felonies and two misdemeanors for lying to police about when she first knew of the allegations made against Nassar. Simon, whose court costs and attorney fees are paid for by the university, denies the charges. Her attorney stated: “They already destroyed her life. What more do they want?” To which I have to say, get.the.fuck.out.of.here.with.this.nonsense. Engler also received a $2.45M retirement salary.
Ronan Farrow’s book, Catch and Kill discloses that Kroll, the firm used by Michigan State to handle Title IX sexual assault allegations, was also employed by Harvey Weinstein. MSU worked with Kroll in 2018 and was later fired by the university.
In October, Board of Trustees member Nancy Sclichting resigned due to the university’s lack of transparency. She was appointed by Gov. Rick Snyder in December and was welcomed by campus advocates–both Democrat and Republican–as she was seen as a representative without a large connection to Michigan State. Sclichting stated:
“… I joined the board to help change the attitudes and beliefs of the legacy board members towards the extraordinary young women who have survived sexual assault by Larry Nassar, and to support the survivors in every way I could… During the last year, though, it has become very clear to me that my commitment to have an independent review of the Nassar situation, and to waive privilege so the truth can come out, is not shared by the MSU board chair [Dianne Byrum], legacy board members and some newer trustees.”
Jesse, David. 2019. “MSU Trustee Schlichting Resigns, Cites Frustration with Secrecy on Board.” Detroit Free Press. Available here.
USA Gymnastics & The United States Olympic Committee:
Transfers of funds made by USA Gymnastics are currently under investigation. The organization moved millions of dollars into “linked” accounts prior to legal action taken against USAG by survivors of sexual abuse. According to Rachael Denhollander, in previous years USAG channeled roughly $100,000 annually into the foundation, not millions. It is important to note that USAG filed for bankruptcy before moving funds and survivors are not able to access any money from this foundation.
Leslie King, the Vice President of Communications for USAG, was seen pushing the 👑 Simone Biles toward interviewers following a competition at the World Championships this October. King, who helped cover up Nassar’s abuse to the public, was also one of their employees to receive a 2019 bonus while the organization is in the midst of bankruptcy.
A positive update: The Game Over Commission, established by Marci Hamilton, CEO of Child USA, is creating the first comprehensive database of documents related to the Larry Nassar case: “We wanted to make sure everything was not just going to disappear. We want to preserve all the information and and make sure it is accessible by the public.”
The US Department of Justice is investigating several sports under the umbrella of the US Olympic Committee for their handling of sexual abuse allegations. USA Gymnastics, USA Swimming, and USA Taekwondo, along with the USOC, are currently under review. Athletes have testified before a grand jury in DC and both California and Indiana (home of USAG) have opened their own inquiries into these governing bodies of sport.
In addition to the investigation of the USOC and USA Gymnastics by the US Department of Justice, the Internal Revenue Service is also in the middle of a federal investigation into the finances of USAG, along with USA Swimming and USA Taekwondo.
This fall, USA Gymnastics hired 2012 Olympic Alternate Anna Li to serve on the Athlete’s Council for the organization; Li and her mother, Jiani Wu, faced allegations of emotional and physical abuse of young athletes, leading to Li’s resignation. In October it was revealed that USA Gymnastics CEO Li Li Leung knew of the abusive reports before naming Li to the Council, allegations she previously denied. Emails sent in 2017 show that USA Gymnastics knew of the reports but in August of 2019, Leung denied that the organization was aware made against Li and Wu.
USA Gymnastics has filed a request for a 60-day extension to its bankruptcy exclusive period. The request states that the organization “does not expect it will have a plan soon that sexual abuse victims and other parties in its bankruptcy can support.”
USA Gymnastics again benefited from its athletes at the World Championships held last month. Simone Biles became the most decorated gymnast in history (male or female) and the team won more medals than any other country.
Again, they achieved this in spite of these organizations, not because of them.
Reading: How to be an Antiracist (Ibram X. Kendi) Watching: Catherine the Great (HBO) Listening: 1619 (The New York Times)
“Larry Nassar … was far from a lone wolf… He was enabled by others and if they lied about it and if they obstructed the investigation, if they destroyed documents then they should be held accountable.”
Fitzpatrick, Sarah, Tom Costello, and Adiel Kaplan. 2019. “Congress: U.S. Olympic Committee, FBI Failed to Protect Athletes from Larry Nassar’s Abuse.” NBC News. Available here.
This is a continuing series of posts on how Michigan State University, the United States Olympic Committee, and USA Gymnastics are changing (or not) following the largest sexual abuse case in the history of sport in the US. Need a recap on how we got here? Check out my last post here.
As always, there’s a ton of developments to unpack, including just two weeks ago when a congressional report found that the USOC, USA Gymnastics, MSU, AND the FBI all “had opportunities to stop Nassar but failed to do so”.
I’ll be posting a review of the report, which includes damning evidence of both individual and organizational cover-ups, as well as prioritizing institutional protection over athlete safety, in a separate post.
These organizations are (still) failing at creating meaningful change. Just last week at the US Championships, where Simone “greatest of all time” Biles won her historic sixth all-around title (along with unveiling two of the most difficult skills in gymnastics history, tearfully addressed the short-comings of the USOC and USA Gymnastics. Both organizations failed to protect her from sexual abuse; she currently still competes under these institutions, who also make money off of her domination of the sport:
“But it’s hard coming here for an organization having had them fail us so many times. And we had one goal and we’ve done everything that they’ve asked us for, even when we didn’t want to and they couldn’t do one damn job. You had one job. You literally had one job and you couldn’t protect us…. How can we trust them?”
The Associated Press. 2019. “‘You had One Job’: Tearful Simone Biles Attacks USAG over Nassar Scandal.” The Guardian UK. Available here.
Bilesshut down the Ranch, USAG trash CEOs, and continues to speak out against the organizations that allowed Nassar to abuse hundreds of children and women. The truth is that she doesn’t have to keep holding USAG and the USOC accountable–I can’t imagine the emotional and mental toll it takes to continuously do so while competing–but she does. Biles is providing a voice to the many who aren’t heard and because she is absolutely the best there is, forces people (and organizations) to listen. As Nastia Liukin said on day two of the US Championships broadcast: “Simone’s got enough gold medals at home. Someone give this girl a crown.”
Let’s get into it:
Michigan State University
In May, MSU named former Stony Brook University president Samuel L. Stanley as the new president for Michigan State. He was unanimously voted into the position by the MSU Board of Trustees following the resignation of Lou Anna Simon in January 2018 and the term of controversial interim president John Engler ended. Stanley served on the NCAA Division I Board of Directors from 2014-2018 and the NCAA Division I Board of Governors from 2016-2018. Remember that last year the NCAA cleared MSU of any wrongdoing concerning Larry Nassar, as well as the abuse allegations made against the university’s football and basketball teams. His salary could include up to $5.3M by 2024; he started at the university on August 1st.
June Youatt, Provost and Executive Vice President for Academic Affairs at MSU, testified at former Michigan State University Dean (and Nassar’s boss) William Strampel’s court hearing. She stated that she:
“was aware of complaints about Strampel making inappropriate or sexual comments, but recommended he stay on as dean after confronting him about the alleged behavior… [She] testified Friday that a number of anonymous comments collected as part of the university’s five-year review process for deans ‘indicated that there had been some sexual comments made.'”
Gibbons, Lauren. 2019. “MSU Provost Recommended William Strampel Stay on as Dean Despite Complaints of Inappropriate Behavior.” Michigan Live. Available here.
June Youatt is still employed at MSU and continues to hold the position of Provost and Executive Vice President of Academic Affairs.
In June, William Strampel was found guilty of misconduct in office, as well as two charges of willful neglect of duty in relation to his role as Larry Nassar’s supervisor at Michigan State University (he was found not guilty of second-degree criminal sexual conduct.) This month he was sentenced to 11 months in prison. Strampel is the first person to be sentenced for his role in enabling Nassar.
Former MSU president Lou Anna Simon was charged in November 2018 with lying to police; her trial finished in July 2019. Eaton County District Court Judge Julie Reincke will announce a ruling later this year.
Kathy Klages, former Head Coach for the MSU Women’s Gymnastics Team, was also charged with lying to police for failing to report allegations of abuse against Nassar. Her case is still pending.
“MSU is paying the full costs of Simon and Klages’ defenses. The university is paying for half of Strampel’s defense, since only two of his charges related to the Nassar scandal.”
Banta, Megan. 2019. “Former MSU Dean William Strampel Sentenced to One Year in Jail.” Lansing State Journal. Available here.
On June 20th the Michigan House of Representatives passed a bill to add athletic trainers and physical therapists to the state’s list of mandatory reporters of child abuse. This is the direct result of survivors pushing for legislation to create stricter laws for protecting victims.
Michigan State University has yet to respond to a January report by the US Department of Education. The report found that the institution continuously violated federal law that requires universities to publicly report safety issues.
In June, the MSU Board of Trustees voted unanimously to approve an independent investigation of how the institution allowed Nassar to abuse women. MSU will hire an outside firm to conduct the research, specifically non-criminal actions, including the culture of the campus and administration, with the goal of:
“helping the Board of Trustees to identify who knew what about Nassar, how he was able to abuse and identify actions that might have involved neglect, violations of university protocol or other behaviors that need to be addressed.”
Kozlowski, Kim. 2019. “MSU to Launch Independent Investigation in Nassar Scandal.” The Detroit News. Available here.
Chicago-based firm McDermott Will & Emery will conduct the investigation. The decision was met with approval from Rachael Denhollander, the first woman to publicly come forward against Nassar:
“It’s truly independent. MSU has not done an independent review of everything that’s happened. And they’ve worked directly with survivors in selecting a firm…that really emphasizes the importance of accountability and transparency and independence from the board… It’s exactly what we’ve been asking for, what I’ve been asking for, for the last three years. “
Wells, Kate. 2019. “MSU Promises New Nassar Investigation is the Real Deal This Time.” Michigan Public Radio. Available here.
USA Gymnastics & United States Olympic Committee:
This May, three former USAG athletes testified to the Texas Senate committee to provide more time for for abuse victims to take legal action against their perpetrators, including institutions. 2000 Olympic bronze medalist Tasha Schwikert, her sister and national team member Jordan, and World medalist Alyssa Baumann expressed concern that the law needed to expand to include a longer statue of limitations, as well as the inclusion of legal action against organizations that enable abuse, a policy that was originally in the bill, but was quietly removed by Craig Goldman, who introduced the legislation. All three athletes were abused at the former National Training Center in Texas. Tasha, now a lawyer, stated: “I was just there doing gymnastics, trying to live out my dream of being an Olympian, and they allowed this child molester to abuse hundreds of gymnasts doing the same.” The bill passed in late May, now allowing victims of abuse to file lawsuits up to thirty years after they turn 18; legislation also included the provision allowing victims to bring charges against institutions as well.
According to the Wall Street Journal, USA Gymnastics is now facing over $1 billion in claims from former athletes.
Former Olympian Terin Humphrey, a representative on the USA Gymnastics Athletes’ Council, was removed from her position following controversial comments on recognizing abuse in the gym. The Athletes’ Council is the voice of the gymnasts within USA Gymnastics.
Humphrey was then replaced by former 2012 Olympic alternate Anna Li, who, along with her mother Jiani Wu, is facing allegations of physical, verbal, and emotional abuse of athletes in her gym. Complaints filed with USA Gymnastics contend that the coaches screamed obscenities and pulled the hair of athletes. This week Li resigned from the position; Li’s resignation is the fifth USAG official to do so in less than twelve months.
Administrative costs for the US Olympic Committee doubled from 2017-2018, including a $5.2 million investigation into the organization’s handling of Nassar abuse cases and a $2.4 million severance provided to former CEO Scott Blackmun. Blackmun was notified of Nassar’s abuse in 2015 by former USAG CEO Steve Penny. An independent investigation found that Blackmun never disclosed this information to anyone at the USOC and failed to ensure the complaints were reported to law enforcement. The report also found that Blackmun put the interests of the institution over athletes, athletes that helped earn the USOC $323 million in 2018. The $2.4 million given to Blackmun is more than the USOC provided to fund SafeSport, the organization tasked with investigating abuse allegations.
In response to Simone Biles’ criticism of the organization last week, USAG CEO Li Li Leung stated that they “are working to foster a safe, positive, and encouraging environment where athlete voices are heard.” Yet, there has been little, if any, substantial policy changes or structures in place since Leung was hired.
“Denhollander said it’s ‘an incredible burden that none of these athletes deserve… it’s unconscionable,’ she said, calling Biles’ and her teammates’ circumstances ‘manifestly unfair.'”
Svokos, Alexandra. 2019. “With Nationals Underway a Year Before Olympics, USA Gymnastics Still Struggles to Earn Trust.” ABC News. Available here.
While many critics claim this is “just” a gymnastics problem–some even calling to end the sport–the issue is that perpetrators of sexual abuse are everywhere. It’s not a “Nassar” problem; it is a cultural and policy issue:
In May, Ohio State University found that a team doctor abused at least 177 men during his time at the institution. OSU staff knew of the abuse as early as 1979, but instead chose to protect the institution over athlete safety.
In June, former Olympic track athlete Conrad Mainwaring was arrested for felony sexual battery. An ESPN investigation found that the coach had molested at least thirty men during his time working at a high school in Los Angeles.
MSU physiology professor Robert Wiseman was suspended for six weeks after MSU found he had sexually harassed six women over twenty years. The first woman filed a report in January 18th and Wiseman was suspended over a year later. He finished his suspension on April 4th and has resumed his position at Michigan State.
US Champion Chris Riegel stated that he was sexually assaulted by his coach from 1973-1981; he reported the abuse to the USOC and USGF (the organization replaced by USA Gymnastics) but the reports were ignored.
Simone, and all of the other former and current athletes that have and continue to compete for the USOC and USAG deserve better. I can’t imagine competing and earning money for organizations that not only enabled abusers to assault athletes, but seemingly still are unwilling to enact tangible policies to address these issues. Less talk, more action.
Required Reading: Larry Nassar’s Digital Ghosts (Mary Pilon) available here.
Reading: Stony the Road: Reconstruction, White Supremacy, and the Rise of Jim Crow (Henry Louis Gates, Jr.) Watching: Dexter Season 2 (Showtime) Listening: White Lies (National Public Radio)
Whelp, bad news if you opened this link thinking: “It’s been over a year since the sentencing. USAG has a new CEO and that At the Heart of Gold documentary I saw on HBO waiting for the new Game of Thrones episode seemed really positive. Surely, we are moving in the right direction!” Unfortunately for all of us, there’s a lot to unpack here. Grab a snack and take a seat as this is a long post.
This quote from ESPN sums it up:
For a moment, it felt like gymnastics was turning a corner. After three years of turmoil, and hundreds of accusers detailing Nassar’s sexual assaults, the sport and its amazing athletes were finally starting to be back in focus.
But then USAG’s new president and CEO had to remind everyone just how much work there is left to do to save the sport in this country.
Here is part “who even knows at this point” of my ongoing (and looks to be never-ending) series: “How Institutions Totally Mess Up Actually Holding Themselves Responsible for Enabling Sexual Predators and Make False Promises to Create Meaningful Change”.
Michigan State University
On April 3rd the Michigan Supreme Court rejected an appeal by Larry Nassar; his forty year sentence will still be carried out. However, the state appeals court is still reviewing Nassar’s separate appeal based on the grounds that his rights were “violated” by statements made by Judge Rosemarie Aquilina.
In late March Detective Andrew McCready of Meridian Township, Michigan, formally apologized to Brianne Randall-Gray, a survivor of Nassar’s abuse. McCready was tasked with investigating Nassar in 2004 and admitted that he was fooled by the former doctor; he sided with him over Randall-Gray, who filed the complaint after she was molested during a scoliosis exam. The police launched their own independent investigation and Randall-Gray stated that, “They made a mistake, a mistake that they will live with the rest of their lives. I offered my forgiveness in the past and I continue to extend my forgiveness to them.”
Christine Moore, MSU’s Title IX investigator for the 2014 complaint by Amanda Thomashaw against Larry Nassar defended her actions and findings in court on April 8th: “I did the best I could at the time.” The Title IX conclusion favored Nassar; two reports were generated (one for Nassar and one for Thomashaw), which was the first in the history of the university. Moore is now an MSU assistant general counsel. She stated that she never informed then-president Lou Anna Simon of the complaint, although she did notify her supervisor, MSU police, and MSU general counsel.
MSU Assistant Chief Valerie O’Brien and Detective JJ Bradoc, a married couple employed at the university, were placed on paid leave administrative leave. O’Brien oversees the investigative division for Michigan State, which includes sexual misconduct. O’Brien handled the Title IX investigation brought against Nassar in 2014 by Amanda Thomashaw.
During a hearing to determine whether former MSU president Lou Anna Simon knew more about the complaints against Larry Nassar than she originally told police, Paulette Granberry Russell stated that she “cannot recall stating to President Simon a matter involving Larry Nassar” but:
Sometime between May 14 and May 19, 2014, Paulette Granberry Russell created an agenda for a meeting she would have with then-President Lou Anna Simon, was notified of a sexual assault complaint against Larry Nassar, exchanged emails with university officials about that complaint and other ongoing issues and met with Simon.
Prosecutors believe Granberry Russell (senior adviser in the university’s Office for Inclusion and Intercultural Initiatives) and Simon discussed the Title IX case against Nassar during a meeting in 2014.
“Finding Our Voice: Sister Survivors Speak”, an exhibition in special collaboration with sexual assault survivors, was opened on April 16th at Michigan State. The exhibit includes a wall of 505 titles (one for each known survivor), a timeline of the abuse, sculptures, and a triptych by sister survivor Jordyn Fishman. The exhibit will be on display until 2020. It’s a beautiful and impactful exhibit.
USA Gymnastics and the United States Olympic Committee:
On April 24th, new CEO Li Li Leung stated in an interview with NBC News that she too was treated by Larry Nassar but that she wasn’t abused because her coach was present. This is a troubling statement because many of the women assaulted by the former doctor had parents, coaches, and other athletes present at the time. Remember: your own experience does not mean that others did not suffer in a similar environment. As CEO, this is insulting to all the athletes she clearly hasn’t listened to enough:
While it’s a relief Leung didn’t have to experience the horror and trauma, it’s astonishing how tone-deaf she sounds. So many of the survivors had parents or coaches in the room with them while their abuse happened, so to say that’s all that’s needed to prevent this is frankly insulting to all those who have come forward. Did she not take the time to watch any of the victim statements? So many of them talked about that very detail at great lengths.
After outrage over her comments intensified, Leung tweeted:
I understand how my comment seems insensitive to the survivors and their families, and I apologize. My intent was not to diminish what they’ve been through. I should have clarified that my experience was completely different from theirs and it is wrong to suggest I could have a solution based on my experience alone. I cannot know all necessary steps to take until I hear their stories, and hope they will have a dialogue with us regarding athlete safety and well-being going forward.
1984 Olympic All Around Champion Mary Lou Retton furthered the terrible-ness that is tone-deaf commenting with your foot in your mouth by saying that athletes could avoid sexual assault “by going to a reputable gym.” What. Does. That. Even. Mean. The top elite athletes from the very top gyms in the country–Madison Kocian/WOGA, Gabby Douglas-Chow’s Gymnastics, Aly Raisman/Brestyan’s, Jordyn Wieber/Twistars, Simone Biles/Aimee Boorman–were abused at the National Training Center, ran by Retton’s old personal coaches, Bela and Marta Karolyi. The Karolyis are still under investigation for their involvement and “reputable” coach John Geddert has been abused by numerous athletes for allowing, and being a part of, abusive practices. The fact that Retton mentioned she had a call with Li Li to “pick her brain” when the CEO has yet to speak to Aly Raisman or Simone Biles speaks volumes.
On April 23rd, Senator Chuck Grassley formerly asked the United States Olympic Committee for more information on the halting of the decertification process against USA Gymnastics. In the letter, Grassley references the idea that USAG filed for bankruptcy as a way to stop decertification and gave them until May 10th to respond. The bankruptcy also places a hold on any lawsuits against USAG.
Last month USAG paid a total of $1.4 million in legal expenses (including $700,000 in legal fees to six law firms).
Nearly 200 girls assaulted by Larry Nassar at the Twistars Gym owned by the now-disgraced John Geddert, settled with the 2012 Olympic head coach for $2.12 million, the maximum payout allowed by Geddert’s insurance coverage. Remember that Geddert was a long-time friend and supporter of Nassar, who walked in on the former doctor abusing an athlete and responded by laughing at the gymnast’s discomfort.
On April 29th, the Philadelphia Indemnity Insurance Company filed a lawsuit in Denver against the the USOC stating that leaders of the organization knew of prevalent sexual abuse since at least 2010 but claim they had no cases brought forward by athletes; the insurance company believes they are not liable to cover the Larry Nassar lawsuits against the USOC because the organization “denied it had ever had an allegation or claim of sexual abuse” when filing for insurance coverage in 2015. This is counter to 2010 USOC documents that state: “the issue of sexual abuse is very real in sport and that a call to action is needed”. Sexual abuse claims were filed in the sports of gymnastics, field hockey, karate, swimming, curling, archery, rugby, rowing, snowboarding, and skiing.
Education Secretary Betsy DeVos stated that she can not meet with survivors of Nassar’s abuse due to a “legal conflict.” DeVos was under scrutiny, particularly in Michigan, due to her changes in how sexual abuse cases and Title IX complaints are handled at the collegiate level.
But DeVos, who is from the Grand Rapids area, rejected the request to meet with Nassar victims until after the changes to Title IX are finalized, Slotkin said.
“Therefore, I want to thank you for your request that I meet with Michigan State University Title IX survivor-advocates to hear about their experiences and views on how to prevent sexual assault on college campuses,” DeVos wrote.
“However, as you are no doubt aware, the law prevents me from doing so at this time.”
DeVos has criticized campus sexual misconduct rules established by the Obama administration and said her proposal is meant in part to be more fair to students who are accused of misconduct, saying one person denied due process is one too many.
She stressed that confronting sexual abuse on campus “head on” is one of her highest priorities as secretary.
Women’s Athlete Representative and a member of the selection committee for competitions for USAG, 2004 Olympic medalist Terin Humphrey, posted online that “what some consider coaching, others consider abuse.” The meme further stated that athletes should “get ready” to be screamed at by coaches. 1984 Olympian Kathy Johnson Clarke replied: “Yes, at times elite athletes need to be called out for a myriad of ineffective, unproductive, behaviors, but in your face “ass-chewing” is abusive & destructive.”
USAG named Dr. Edward Nyman as the first full-time Director of Sports Medicine and Science for the organization. There was an almost immediate backlash from survivors and athletes (most notably Simone Biles, who tweeted: “I’m sorry…. what”). No real communication was made on what that job entailed or how the new director would interact with athletes. For the record, this position was purely administrative; he would not have been treating gymnasts personally, although no one knew that at the time.
The following day, USAG stated that “Dr. Nyman’s employment will not continue due to a conflict of interest, and we will immediately renew our search to identify a qualified individual to lead our sports medicine and research efforts.” They further replied: “To provide clarity, the decision to terminate Dr. Nyman’s employment was not based on any comments made on social media platforms or anywhere else. In accordance with our employment policies, we cannot comment further on this personnel matter.” WHAT. THE. HELL. What kind of disqualification does a director of sports medicine have and how did you not catch this before offering him the position?
USAG then stated on May 7th that Nyman was terminated “for his failure to disclose athlete safety complaints involving the club with which he is affiliated to USA Gymnastics.” His wife, Amy, owns the New Heights Gymnastics Club in Ohio and USAG has known of allegations of misconduct against the club (including intoxication of coaches in front of athletes) since at least 2017. The complaints are bad enough that USAG referred the club to the U.S. Center for SafeSport in February 2019. That’s right, THIS FEBRUARY. AS IN THREE MONTHS AGO FEBRUARY. Nyman countered that he discussed these complains with USAG in-house counsel Mark Busby before being hired by the organization. USAG released a statement citing:
“This demonstrated poor judgment and created a conflict of interest that disqualified him from serving in this important role. We are confident this was the best decision for the welfare of ‘our athletes and our community… We have learned through this process and received important feedback from our community about this position. Athlete safety is our north star and it will guide us to make the right decisions, no matter how difficult or how they may be perceived.”
Wait, where have we heard that statement before? Right. Every. Single. Damn. Statement. Released. By. USAG.
Nyman then countered with his own statement explaining that he was open about the allegations and goes into detail on A LOT of issues he reportedly saw in his 24 hours working for the organization (no one is concerned with athlete safety, Li Li is focused on the image of USAG, and that the “change” he advocated for “scared” those at the top of the organization). If what he is saying is true (are we really surprised by them?) then USAG is in even worse shape than we thought. Nyman was tenured assistant professor at the University of Findlay and he states, he didn’t “need” to take on the role. The issue is the lack of communication and transparency here where USAG releases vague press releases and those wanting to tell their story are forced to do so through a Facebook post (rant).
His statement also mentions, by name, yet another potential case coming out of USAG: trainer Stephanie Peters’ complaint against a male national team member. Is a Facebook post the best way to “out” this information? Yikes. Double Yikes.
Nyman says he is not the co-owner of New Heights. But that has also been a source of controversy (yes, even more), considering he was listed as such in a BGSU press release.
The point here is simply WTF. The back and forth between Nyman and USAG demonstrates the serious lack of ability of USA Gymnastics to successfully investigate and hire someone in a position as important as head of sports medicine in the aftermath of the largest case of sexual abuse in the history of sports in the United States. On top of that, the failure to communicate the position and how this person would interact with athletes–some of whom are survivors still competing for the organization–is baffling to to me. Firing Nyman makes sense; but the point here is how the hell was he even hired in the first place? How inept and incompetent can you be?
If, and that’s a big if, USA Gymnastics is decertified, the big question is who will be in charge of not just the national teams, but the hundreds of clubs that make up the organization of the sport of gymnastics in the United States. At this point, could anyone or literally any other governing body do a worse job at mismanaging communication, athlete well-being, and safety? Even the mess that would be left in the wake of a decertified USAG would be better than the dumpster fire that is currently running the show. Can we truly trust an organization that has failed to learn from its mistakes? Is the USOC even capable of overseeing these governing bodies when they have allowed this abuse and mismanagement to thrive?
Remember that this goes beyond Larry Nassar. Shenea Booth, a gymnast who was abused by her coach over 200 times, starting at the age of fifteen, stated:
“Everything should change about USAG,” she wrote in a survey submitted to the organization last year. “The focus needs to be on the safety and well being of the athletes.”
Meanwhile, she wants to make sure the public knows that the problems with USA Gymnastics go beyond Larry Nassar — and didn’t end just because he went to prison.
“Unless people continue to speak… there’s a lot of stuff that could just kind of fall away.”
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.”