“How About You Amaze Me and Do the Right Thing… Have an Independent Investigation”: March Update on MSU, the USOPC, & USAG

“How about you amaze me and do the right thing… have an independent investigation.”

(Simone Biles in response to a tweet by USA Gymnastics wishing her a happy birthday– essentially in less than fifteen words also restoring my faith in the world again).

Chavez, Nicole. 2020. “Simone Biles Claps Back at USA Gymnastics After They Wish her a Happy Birthday.” CNN Online. Available here.

Need to catch up? You can read my last post here.

A lot has happened in the last month and a half. It’s only MARCH? SIXTEENTH?! But here we are.

Me, currently.

The biggest news to come out since January is the absolutely atrocious-I-can’t-believe-they-thought-this-would-work settlement offer USA Gymnastics attempted to pass off as somewhat appropriate for the hundreds of survivors currently suing their organization. In the settlement, some plantiffs would receive less than $100,000, oh and super casual, but agreeing to the terms meant that USA Gymnastics, the USOPC, Steve Penny, and every other X-Men-esque villain apparently hired to conduct business for USAG would be off the hook. No documents released. No mandatory structural changes. Oh, and the USOPC would pay nothing.

It would be laughable if it wasn’t so true.

2012 and 2016 Olympic Champion Aly Raisman made an appearance on The Today Show, expressing understandable outrage about how the organization could bungle a settlement proposal so badly, especially as their athletes are preparing for this year’s summer games. Simone Biles, on her way to USAG’s mandatory training camp, tweeted:

Friendly reminder: Simone continues to compete FOR and earn money FOR an organization that has yet to independently investigate how they allowed a serial molester to sexually abuse her, her teammates, and hundreds of others. Absolutely unbelievable.

Rachael Denhollander also posted online:

“Your words of change and care are utterly meaningless because your ACTIONS stand in direct contrast to those platitudes. To even ask for a release of the USOPC, Penny and Karolyis after the 100s of children they destroyed is galling beyond what I can express.

Shame on you. I don’t want to hear one more word about care and change from any of you. You are refusing responsibility for the damage to hundreds of children and asking us to ignore it too.

You can choose a blind eye. But know this: we never will. And your complete lack of care will do nothing more that motivate us to fight that much harder for justice and truth. The answer is no.”

What else? Kathie Klages was found guilty and Nassar’s appeal was denied, but unfortunately, there are a ton of how-have-you-not-learned-anything moments since my last post.

Let’s get into it:

Michigan State University:

Tiffany Thomas Lopez reads her victim impact statement on January 17th, 2018 to Larry Nassar.
  • Former Michigan State University Dean of the College of Oseeopathic Medicine will be released from prison in April. William Strampel was found guilty of willful neglect of duty and misconduct in office in relation to the mishandling of Larry Nassar last year. Strampel, Nassar’s boss, allowed the former doctor to continue seeing patients without ensuring policies set by a Title IX complaint were enforced, along with a number of other issues including sexually harassing co-workers and students. Originally given a one-year sentence for his crimes, Strampel will be released early for good behavior after serving eight months.
  • Ingham County Circuit Court Judge Joyce Draganchuk allowed a request made by attorneys of former MSU Head Coach Kathie Klagies to ban Lindsey Lemke, one of her gymnasts, from testifying in court. Klages, who faces two charges of lying to police, did not want Lemke to testify as a witness as the MSU and Twistars athlete has repeatedly stated that Klages knew of Nassar’s abuse, but failed to report him to police. Larissa Boyce, one of the athletes that reported Nassar’s abuse to Klages in 1997, along with a teammate who chose to remain anonymous, were allowed to testify.
  • On February 14th, Kathie Klages was found guilty of two counts of lying to police. The former MSU Head Coach for the Women’s Gymnastics Program, Klages repeatedly stated she did not know of Nassar’s abuse–even after two gymnasts told her that the former doctor was sexually assaulting them in 1997 (Boyce and an unnamed athlete) and one athlete (Lemke) disclosed the same story twenty years later–also forced her team to sign a card of support for the now disgraced former physician. She faces up to four years in prison and sentencing will take place on April 15th.
  • Former Michigan State softball player and survivor of Larry Nassar’s abuse, Tiffany Thomas Lopez, urged two athletic trainers still employed by the university to “listen and say something”. Lopez, who testified this week at hearings “related to the potential sanctions” against Destiny Teachnor-Hauk and Lianna Hadden, says she and another athlete, Jennifer Bedford, notified the trainers over twenty years ago that the former doctor was sexually abusing them under the guise of medical treatment. Prosecutors are currently reviewing complaints made against the athletic trainers that could result in revoking their licenses.

“Lopez testified Hadden told her to talk to Teachnor-Hauk. 

Though Lopez had other conversations with Hadden about being uncomfortable, she said she didn’t speak with Teachnor-Hauk until closer to the end of her softball career. 

‘It took me a long time to say something to her,’ Lopez testified. ‘I was intimidated and scared and I still didn’t know whether to believe it or not.’

Teachnor-Hauk gave her options, Lopez said, but told her that if she filed a complaint, ‘everyone would know,’ and ‘in doing that I may stir up controversy for the university, for my recently widowed father and especially for the doctor.’

Teachnor-Hauk again defended Nassar’s actions as medical treatment, Lopez said, adding she ‘left Michigan State believing what the ladies had told me.’

Lopez said, while people have told her Hadden and Teachnor-Hauk failed her, that’s hard for her to believe. She doesn’t blame them ‘for any of this at all.’

Banta, Megan. 2020. “Former Michigan State Athlete, Nassar Survivor, Urges Trainers to Listen, ‘Say Something.'” Lansing State Journal. Available here.
  • While the two trainers do not face any criminal charges, the result of the investigation could include fines, suspension, or even loss of their licenses. A decision could take months to conclude.
  • Four MSU survivors stood in solidarity with three men who came forward against University of Michigan doctor Robert Anderson. Anderson (who died in 2008), as well as the university, are currently under investigation for abuse that occurred for decades in Ann Arbor. Amanda Thomashaw noted: “U-M created a safe place and the predators flourished… You’ve seen the damage (non-transparency) has done to me and my sister survivors.”

USA Gymnastics and The United States Olympic & Paralympic Committee:

  • Maggie Haney, coach of 2016 Olympian Laurie Hernandez and current National Team Member Riley McCusker was suspended by USA Gymnastics in relation to complaints of physical and emotional abuse in her New Jersey gym; Hernandez and “at least half a dozen families” filed complaints against Haney. She is now suspended from all contact with minors.
  • On January 30th, USA Gymnastics released their plan to emerge from bankruptcy by providing $215 million to survivors of abuse. The plan gave survivors two choices: as a group, accept the $215 million and settle every claim OR continue lawsuits against the organization. Most laughed at the settlement amount, which for example, is less than half paid out by Michigan State University. The $215 million would be distributed as a tier system, with Olympic athletes receiving more; the bottom tier plaintiffs would be given less than $100,000. The OC Register states that the average payout would be $250-300,000 per survivor, less than the current salary for the CEO of USA Gymnastics. The plan was met with outrage from survivors. John C. Manly, who represents over 200 of the plaintiffs, noted:

“This proposed plan does not include the critical structural changes necessary to ensure the safety of girls moving forward, nor does it appropriately address the myriad physical and emotional challenges the victims face as a result of these crimes. Most disturbingly, this proposed plan attempts to absolve USOPC of any responsibility for these crimes which were committed under its watch. This plan from USAG is not just unworkable. It is unconscionable.”

Whatron, David. 2020. “USA Gymnastics Issues Plan to Emerge from Bankruptcy and Settle Nassar Lawsuit.” Los Angeles Times. Available here.
  • The proposed settlement does not “address providing documents detailing the extent the national governing body knew of sexual abuse of young athletes and the lengths USA Gymnastics and other organizations went to conceal the abuse”. In addition to the lack of documents released, and any requirement for the implementation of new structures, the proposal also limits the liability of the USOPC. Under this plan, the USOPC would not have to admit to any wrong-doing or pay any money to the 500+ survivors:

“The opposition to the settlement proposal is wide ranging, with survivors and their supporters highlighting that the deal releases the U.S. Olympic and Paralympic Committee, former USA Gymnastics CEO Steve Penny, former national team directors Bela and Martha Karolyi, former U.S. Olympic coach Don Peters and other USA Gymnastics and USOPC officials and coaches from all claims, does not take into account the nature and frequency of each survivors’ abuse and contains no provision for USA Gymnastics and the USOPC to release documents and other information detailing the extent to which officials were aware of the predatory behavior of Nassar, Peters and others.”

Reid, Scott M. 2020. “Survivors Overwhelmingly Reject USA Gymnastics Settlement Offer.” The Orange County Register. Available here.
  • Alexandra Bourque’s personal story demonstrates how short-minded and insulting the proposal is for survivors. Bourque was only eleven years old when Larry Nassar began abusing her. The former doctor encouraged her to remain in gymnastics as she struggled to overcome a number of injuries including a cracked tailbone and broken hip. He continually abused her for another four years, when at age 15, she says his abuse became “aggressively worse”. Bouroque was also simultaneously abused by her former coach, Don Peters, who was banned for life by USA Gymnastics in 2011 for sexually abusing athletes. Under the tier system proposed by USAG in their settlement offer, Bourque would receive a settlement of $82,000, an amount that would not even cover her current medical treatments; she was diagnosed with endometriosis and post-traumatic stress disorder, which, doctors state, are correlated to the years of abuse by Nassar. The settlement would also not require the organization to release documents related to Nassar or Don Peters.
  • This weekend USA Gymnastics tweeted a happy birthday message to Simone Biles, who turned 23 on Saturday. The organization wished her (well, they tagged the wrong Twitter handle) a happy birthday along with “We know you will only continue to amaze us and make history!” to which Simone responded:
We stan a queen.
  • Last week, Larry Nassar’s final appeal was denied by Michigan’s attorney general’s office. Nassar’s attorneys argued that Judge Rosemarie Aquilinia was not impartial in her decision to sentence him to the maximum 175 years in prison. The state’s AG office found that Judge Aquilina may have made ill-advised comments, but did not demonstrate judicial bias. Nassar’s appeals for the 60 year sentence for child pornography and 125 years for sexual assault have also been denied.

Currently:
Reading: Start by Believing: Larry Nassar’s Crimes, the Institutions that Enabled Him, and the Brave Women Who Stopped a Monster (John Barr and Dan Murphy)
Watching: Broad City Season 5 (Comedy Central)

Larry Nassar Abuse at USAG & MSU: March 2019 Update

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

Survivors and supporters gather outside the Hannah Administration Building on Michigan State’s East Lansing campus.
  • 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”.

USA Gymnastics

Li Li Leung is the new CEO of USA Gymnastics and is the fourth person in the position in two years.
  • 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”.
SAME.

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

Currently–

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.