maggie nichols

“The reality is the policy you have in place is only as good as the culture surrounding it.”: January Update on MSU, the USOC, and USAG.

January 23, 2020July 13, 20211 Comment

“‘The reality is the policy you have in place is only as good as the culture surrounding it,’ she said. ‘And it’s only going to be as effective as the hearts of the people who have to implement it. And so how you message on abuse, how much you demonstrate that it matters is by how you handle it. That is what really changes the culture.'”
Shamus, Kristen Jordan. 2020. “Rachael Denhollander: MSU is ‘Actively Reinforcing the Culture’ that let Nassar Thrive.” Detroit Free Press. Available here.

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

Another year, another update on the fallout from Nassar’s abuse. #surprisednotsurprised that the institutions that allowed the most prolific sexual abuse predator in the history of American sport continue to struggle to change culture and policy.

USA Gymnastics has found a new National Training Center, which shockingly includes medical tables out in the open, as opposed to the dusty table in the backroom of the Karolyi Ranch. I guess even the simple steps are something to give them credit for, although at this point it seems like we should be wayyyy beyond this.

*Survivor Amanda Thomashaw attends a Michigan State University Board of Trustees meeting in December 2019.*

A new book, Start By Believing, has brought a number of scathing documents to surface and I hope this will help put former CEO Steve Penny behind bars for good. Again, not surprising to find out how much he knew and covered up or that the person who smuggled medical records from the Karolyi Ranch was working at the organization up until December of last year.

Michigan State University, in their apparent steadfast mission to keep on being terrible, has continued to refuse to release the over 6,000 documents requested by the Michigan Attorney General’s office. Klages and Simon are still denying they knew anything about the abuse on campus, statements directly in contradiction to evidence collected by police.

The most positive development in this “hey let’s hold enablers and abusers accountable” long game is the recent raid of John Geddert’s home and gym (the photo at the beginning of this post). Former USAG Coach of the Year, Geddert has been under investigation for years for not only physically and emotionally abusing athletes, but also protecting his long-time friend Larry Nassar, who molested potentially hundreds of girls in Geddert’s gym.

Let’s get into it:

Michigan State University:

While John Engler resigned as interim president of MSU over a year ago, he has yet to agree to be interviewed by Attorney General Dana Nessel for her investigation into how the university allowed Nassar’s abuse; Engler has stated that he thinks the AG office is “biased against him”. Due to the university’s indemnification policy, they are still paying Engler’s legal fees, including $207,000. Engler made a number of controversial comments during his tenure including asking survivor Kaylee Lorincz, “if I wrote you a check for $250,000, would you take it?”
In December, Attorney General Dana Nessel stated that the investigation into how MSU handled Nassar’s abuse throughout his years at the university is at an “impasse” as the Board of Trustees has continued to withhold several thousands of documents from police. The university has cited attorney-client privilege as to why they are not required to hand over documents. Five of the eight university trustees have stated that they will review the 6,000 documents requested and “consider” releasing them to the AG’s office. Nessel responded:

“It’s unclear how the trustees can say with certainty that the information contained in those documents is not relevant to our investigation. In fact, the depth and breadth the university has gone to in withholding those documents only increases our fervor to obtain them.”
LeBlanc, Beth. 2019. “Nessel Clarifies: Nassar Investigation at ‘Impasse’ with MSU.” The Detroit News. Available here.

Four board members voted against the independent review which would have included the documents requested by the AG’s office.
Former MSU president Lou Anna Simon’s attorneys are planning to ask a judge to dismiss the four charges against her in relation to Nassar’s abuse at Michigan State. Simon is charged with two felonies and two misdemeanors of lying to police. She that while she knew of the 2014 Title IX investigation into Nassar brought forward by Amanda Thomashaw, but did not know any specifics behind the complaint. This directly contradicts evidence found by detectives that show Simon discussed Nassar and the investigation into whether he sexually abused Thomashaw in 2014. He was later cleared of the charges.
Former Michigan State University head coach Kathie Klages has a trial date for February 10th; she faces two charges of lying to police. Klages denied knowing of sexual abuse allegations made against Nassar, including two accounts brought forward by gymnasts in 1997. During her time as head coach, Klages forced her athletes to sign a card supporting Nassar and told the mother of a survivor that the 30,000+ images of child pornography found on his home computer were planted.
This week Rachael Denhollander criticized the lack of change in culture and policy at MSU as the university has yet to complete an independent investigation into not only how Nassar was able to abuse hundreds of girls on campus, but also how multiple complaints were dismissed by the administration:

“MSU is consistently messaging that they care about money and liability more. And in that case, they’re going to be completely ineffective at actually changing the culture. They’re going to be ineffective at communicating to survivors that there is a safe place to speak up. They are going to be ineffective at communicating to their own employees, that abuse reports have to be handled properly. Because essentially their messaging is that if you do mess up, we’re going to cover for you because it would be too expensive if we don’t. They’re actively reinforcing the culture…

I have even less hope for USAG than I have for MSU, if that’s even possible. It is the same set of problems. USAG has not taken the most basic steps. They have yet to identify even one mistake that was made. They have yet to identify one abusive coach, one abusive dynamic that should not have been allowed to flourish. They still have people working for them who actively covered up for Larry.”
Shamus, Kristen Jordan. 2020. “Rachael Denhollander: MSU is ‘Actively Reinforcing the Culture’ that let Nassar Thrive.” Detroit Free Press. Available here.

A woman has filed a lawsuit against the former MSU medical resident Michael Phinn further citing the lack of oversight by Michigan State leadership. Phinn was sentenced to five to fifteen years in prison for sexual assault (among other charges) after two women testified that he used his lab coat to expose himself to them and forced the women to watch videos of himself masturbating. The lawsuit also names Michigan State and former dean of the College of Osteopathic Medicine, William Strampel. Strampel was Phinn’s (and Nassar’s) supervisor and was criminally charged for neglect of duty and sentenced to one year in prison last August.

USA Gymnastics & The United States Olympic Committee:

Amy White, a USA Gymnastics staffer who, under direction of CEO Steve Penny, removed medical records from the then-National Training Center, Karolyi Ranch, is no longer working for the organization. The notice in December 2019 did not state whether White had been fired or left the organization voluntarily. In a statement to the Senate in 2018, Kerry Perry–who replaced Penny as CEO–testified that the documents were given to Penny after White removed them them from Texas and brought them to USAG headquarters in Indianapolis. The national team met at the Karolyi Ranch every month and many gymnasts state they were abused by Nassar there.
The book Start by Believing (John Barr and Dan Murphy) was published this month and included a number of previously unreported documents relating to the Nassar case. Most damning are the documents that show then-CEO Steve Penny was aware of Nassar’s abuse earlier (and in more detail) than previously thought. He stated that gymnast Mckayla Maroney “felt no therapeutic effect but felt [Nassar] was getting sexual gratification” by abusing her under the guise of medical treatment, specifically penetrating her in Japan (2011), London (2012), and Belgium (2013). The document further states that USAG attorneys Dan Connolly and Scott Himsel offered Penny a choice:

“‘We can tell the full story of what we’ve learned thus far,’ the attorneys wrote in an email obtained by the authors. ‘We think it is highly likely that would become a media story and prompt Larry to sue for defamation… Neither Dr. Nassar nor USAG wants the attendant negative publicity at this time.'”
ESPN. 2020. “Book Reveals New Details of How USAG concealed Nassar Complaints.” ESPN Online. Available here.

Remember that Penny did not first alert police–a requirement of Indiana law–but instead hired Fran Sepler, a workplace harassment investigator, to interview gymnasts about the complaints against Nassar. She interviewed 2012 Olympians Maroney and Aly Raisman, along with Maggie Nichols, a 2015 World Champion and current gymnast for Oklahoma, about their abuse. Maggie is one of the first elite gymnasts to come forward when her coach overheard her discussing how uncomfortable Nassar made her feel at a national training camp.
USA Gymnastics has again postponed hearings related to complaints made against coach Maggie Haney. Haney, the owner of MG Elite Gymnastics, coached 2016 Olympic Champion Laurie Hernandez, along with a number of other elite gymnasts including Jazmyn Foberg (who now competes for the University of Florida) and current national team member Riley McCusker. The three year case began when eleven allegations of emotional and verbal abuse were made against Haney. Hernandez no longer trains at MG Elite, but McCusker, a 2018 World Champion and one of the front-runners for the 2020 team, still trains with Haney. Both Haney and McCusker were at the National Training Center this month.
Child sexual assault charges against former USA Gymnastics Athletic Trainer Debbie Van Horn were dismissed this January. Van Horn worked closely with Nassar for years at the-then National Training Center: Karolyi Ranch. Nassar called Van Horn his “neck” that kept his head on and further said she was “the single most influential person in the history of sports medicine for the sport of gymnastics”. Mattie Larson, a 2010 World Championship silver medalist, stated in her victim impact statement that Van Horn was in the room when Nassar abused her at the Karolyi Ranch. In addition to Van Horn, four others have been criminally charged in relation to the Nassar abuse including former CEO Steve Penny, who is facing charges of evidence-tampering, also in Texas.
USAG has named The Gymnastics Company as the new training center for the women’s program. The 42,000 square foot space in Indianapolis replaces the Karolyi Ranch as the official training site for US elite athletes, who meet at the location each month. One change from the secluded Karolyi Ranch is that the therapy tables are set up in plain view of the gym, rather than in a back room, which Nassar used to conceal his abuse of athletes.
While USAG’s decision to file for Chapter 11 bankruptcy may have stopped the investigations and payouts to survivors, a recent article by The Washington Post found that USA Gymnastics has paid attorneys $1000+ per hour which:

“rank as extremely high for a bankruptcy of this size involving sexual abuse victims. Three lawyers have billed more than $600,000 individually in the first year of the case, according to a review of legal bills filed in court, part of more than $7 million in legal fees approved, by a judge, on a preliminary basis.
To some attorneys and victims, the rising legal fees are prompting concerns about how much will be left for victims when the case is over.”
Hobson, Will. 2019. “While Larry Nassar Victims Wait, Lawyers Cash in on USA Gymnastics Bankruptcy.” The Washington Post. Available here.

On Tuesday, attorneys representing survivors motioned to dismiss USAG’s Chapter 11 bankruptcy protection. Representatives stated that the survivors and USA Gymnastics are not any closer to settling mediation disputes and legal claims. USAG filed for bankruptcy in December of 2018, an act that halted all legal investigations (including the organization’s depositions) and the USOC’s decision to revoke their status as the national governing body for the sport. If approved, this request for dismissal would force USA Gymnastics to “confront the lawsuits filed in courts across the country and could also be exposed to new ones.” According to the filing, there has been no progress in months between USAG and the athletes suing the organization.
On January 21st, law enforcement raided the training center and home of John and Kathryn Geddert. John, the 2012 Olympic Head Coach and owner of Twistars gym, was accused of mental and physical abuse of athletes before being suspended by USA Gymnastics in 2018 and has been under investigation for two years. His gym was one of the locations Nassar used to abuse gymnasts, often playing the “good guy” counterpart to Geddert. Makayla Thrush, a former athlete at Twistars, spoke about Geddert’s abuse and enabling in her victim impact statement in 2018:

“Do you remember the time you got so mad at me? I don’t even know why that’s just who you are. You threw me on top of the low bar, ruptured the lymph nodes in my neck, gave me a black eye, and tore the muscles in my stomach. You told me to kill myself not just once but many other times, and unfortunately, I let you get the best of me because after you ended my career I tried. John you never even called me by my first name.”
Murphy, Amy. 2020. “Update: Police Raid on Twistars and Home of Former US Gymnastics Coach.” Fox 47 News. Available here.

In addition to Thrush, a number of other athletes have stated that Geddert knew of the abuse. 2012 Olympic Champion Mckayla Maroney also stated that she told Geddert while sharing a car in 2011 that Nassar was molesting her. In The Girls, multiple gymnasts told similar stories of Geddert walking in on Nassar abusing them while cracking jokes about their breasts and other body parts.
Rita Wieber, the mother of 2012 Olympic Champion and former Twistars gymnast Jordyn Wieber, released a statement 24 hours after police raided Twistars, stating: “I was encouraged to think that there is still a chance justice is going to be served.”
The attorney representing a number of survivors published this statement on the raid:

“On behalf of the hundreds of Larry Nassar victims represented by our team, I applaud the actions of the Michigan Attorney General and the Grand Ledge Police Department. The search of John Geddert’s home and Twistars offices is long overdue. Geddert was the handpicked by USA Gymnastics, the USOPC and the Karolyis to coach our 2012 Olympic Team. Every member of the Fierce Five was sexually assaulted by Larry Nassar under his watch. It is now time for search warrants to be served on USA Gymnastics and the US Olympic and Paralympic Committee so that Nassar’s victims and the public will finally discover who within these organizations actively concealed Nassar’s crimes.”
Dolinar, Elise. 2020. “Larry Nassar Victims’ Attorney Issues Statement on Raid of John Geddert’s Assets.” NBC 25 News. Available here.

On a positive note, last year I read both The Girls (Abigail Pesta) and What is a Girl Worth? (Rachael Denhollander) and I highly recommend both if you’re interested in learning more about the topic.

Currently:

Reading: The Testaments (Margaret Atwood)
Watching: The Good Place Season 4 (Netflix)
Listening: Scene on Radio (Center for Documentary Studies at Duke University)

“It’s the ones who covered it up that made it worse”: April 2019 Update on MSU, the USOC, and USAG

May 11, 2019July 13, 20213 Comments

“We demonize the Nassars & the Sanduskys and they’ve done horrible things, but it’s the ones who covered it up that made it worse & created more victims.”
At the Heart of Gold Documentary

If you need a recap, check out my previous blog.

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 image has an empty alt attribute; its file name is shaking_head_breaking_bad.gif — *I have news for you, friends.*

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.
Maine, D’Arcy. 24 April 2019. “Just When Gymnastics Started to Seem Right Again, Enter Li Li Leung and her Unthinkable Answer.” ESPN W. http://www.espn.com/espnw/voices/article/26595072/just-gymnastics-started-seem-right-again-enter-li-li-leung-unthinkable-answer.

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

This image has an empty alt attribute; its file name is ed8cd802-f1f1-4ea6-a0d9-8306bea9c690-medium16x9_SisterSurvivors1.JPG — Part of the new MSU exhibit: “Finding Our Voice: Sister Survivors Speak”.

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.”

*Wow. A positive step? Accountability? Moving forward to enact policies toward change? What a concept.*

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.
Banta, Megan and Carol Thompson. 15 April 2019. “MSU Official Says She Can’t Recall 6-Day Span Around When She Learned of Nassar Complaint.” Lansing State Journal. https://eu.lansingstatejournal.com/story/news/local/2019/04/09/msu-michigan-state-lou-anna-simon-nassar-lying-to-police-president/3244731002/

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:

This image has an empty alt attribute; its file name is a23a83b5-0d3e-4ab3-acb6-e88db3904932-_W1_3073.JPG

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.
Maine, D’Arcy. 24 April 2019. “Just When Gymnastics Started to Seem Right Again, Enter Li Li Leung and her Unthinkable Answer.” ESPN W. http://www.espn.com/espnw/voices/article/26595072/just-gymnastics-started-seem-right-again-enter-li-li-leung-unthinkable-answer.

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.
https://twitter.com/Li_Li_Leung

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.
Burke, Melissa Nann. 8 May 2019. “DeVos: ‘Inappropriate’ to Meet Nassar Victims Due to Legal Conflict.” The Detroit News. https://eu.detroitnews.com/story/news/politics/2019/05/08/devos-hasnt-met-nassar-victims/1140848001/.

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.”
Reid, Scott M. 7 May 2019. “USA Gymnastics was Aware of Allegations Against Nyman’s Gym Since 2017.” The Orange County Register. https://www.ocregister.com/2019/05/07/directory-of-sports-medicine-was-fired-by-usa-gymnastics-for-failing-to-disclose-safety-complaints-at-club-owned-by-his-wife/.

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.”
North, Anna. 30 April 2019. “Beyond Larry Nassar: Hundreds of Athletes are Fighting USA Gymnastics in Court Over Abuse.” Vox. https://www.vox.com/2019/4/30/18287522/larry-nassar-usa-gymnastics-bankruptcy-usag-assault

Taking a page from My Favorite Murder, here are the fucking hooray moments to get us through all this negativity:

The Believed Podcast won a Peabody Award.
Maggie Nichols (Athlete A, who originally started the investigation into Larry Nassar) won the 2019 All Around NCAA National Championship and won the Honda Award.
Trinea Gonczar and Amanda Thomashaw created Survivor Strong, an organization to advocate for survivors of sexual abuse and educate institutions on creating change.
Simone Biles is in the current issue of Sports Illustrated looking (and feeling) AMAZING.

Who needs a rage nap?

Currently:
Reading: What You Have Heard Is True: A Memoir of Witness and Resistance (Carolyn Forché)
Watching: At the Heart of Gold (HBO Documentaries)

Larry Nassar Sexual Abuse Part 4: “No, I will not and should not carry the guilt that belongs to Larry Nassar, USAG, and others.”

January 16, 2018July 13, 20214 Comments

For a background on the largest sexual abuse case in the history of the United States, please read Part 1, Part 2, and Part 3.

Yes, this is the largest case of sexual abuse in the history of the United States. The now 140 athletes that have filed lawsuits against Nassar is nearly as many survivors as “the Jerry Sandusky, Bill Cosby, and Harvey Weinstein scandals combined.” Today, January 16th, Larry Nassar faces not only his sentencing, but also the victim statements from the survivors of his abuse; The Michigan Attorney General had to set aside several days for the expected 88 individuals to share their stories. Because of Nassar’s plea agreement, if found guilty, he can receive anywhere from 25 to 40 years to life in prison. This sentence is added to the already 60 years he was given for possession, and filming of, child pornography.

The cases against Nassar, USAG, and MSU have quickly developed further over the past week. Let’s get up to speed.

“I want everyone to know that he did not do this to Athlete A, he did it to Maggie Nichols.”

As noted in previous posts, the first complaint made about Nassar to USAG was filed in 2015 by an unnamed coach who overheard athletes discussing his “treatments” at the National Training Center (Karolyi Ranch) in Texas. The coach spoke with Senior Vice President of the Women’s Program, Rhonda Faehn, who then reported to the head of USAG at the time, Steve Penny. This week, World Champion and now NCAA National Champion Maggie Nichols came forward as the person referred to as “Athlete A” in the case; the gymnast that sparked the investigation into Larry Nassar. In her statement she notes:

Recently, three of my friends and former National Team members who medaled at the 2012 Olympics have bravely stepped forward to proclaim they were sexually assaulted by USA Gymnastics Team Physician Dr. Larry Nassar.
Today I join them. I am making the decision to tell my traumatic story and hope to join the forces with my friends and teammates to bring about true change. Up until now, I was identified as Athlete A by USA gymnastics, the US Olympic Committee and Michigan State University. I want everyone to know that he did not do this to Athlete A, he did it to Maggie Nichols. In the summer of 2015, my coach and I reported this abuse to USA Gymnastics
leadership… Dr. Larry Nassar was regarded throughout the sport as the very best by coaches and staff throughout the gymnastics community. He was a doctor at Michigan State
University and the Olympic and Team USA doctor assigned to us by USA Gymnastics at the Olympic Training Center at the Karolyi Ranch. He was supposed to care for us and treat our injuries. The first time I met Dr. Nassar I was about 13 or 14 years old and receiving treatment for an elbow injury. At the time it seemed like he knew exactly what therapy was necessary for me to recover. Initially, he did nothing unusual. But when I was 15 I started to have back problems while at a National Team Camp at the Karolyi Ranch. This is when the changes in his medical treatments occurred. My back was really hurting me, I couldn’t even really bend down, and I remember he took me into the training room, closed the door and closed the blinds. At the time I thought this was kind of weird but figured it must be okay. I thought he probably didn’t want to distract the other girls and I trusted him. I trusted what he was doing at first, but then he started touching me in places I really didn’t think he should. He didn’t have gloves on and he didn’t tell me what he was doing. There was no one else in the room and I accepted what he was doing because I was told by adults that he was the best doctor and he could help relieve my pain.
He did this “treatment” on me, on numerous occasions. Not only was Larry Nassar my doctor, I thought he was my friend. He contacted me on Facebook complimenting me and telling me how beautiful I looked on numerous occasions. But I was only 15 and I just thought he was trying to be nice to me. Now I
believe this was part of the grooming process I recently learned about.
One day at practice, I was talking to my teammate, and brought up Dr. Nassar and his treatments. When I was talking to her, my coach overheard. I had never told my coach about these treatments. After hearing our conversation she asked me more
questions about it and said it doesn’t seem right. I showed her the Facebook messages and told her about what Nassar was doing. My coach thought it was wrong, so she did the right thing and reported this abuse to the USA Gymnastics staff.
USA Gymnastics and the USOC did not provide a safe environment for me and my teammates to train. We were subjected to Dr. Nassar at every National Team Camp which occurred monthly at the Karolyi Ranch. His job was to care for our health and treat our injuries. Instead, he violated our innocence. I later found out that Michigan State University had ignored complaints against Larry Nassar from other girls going back 20 years and had investigated him for sexual assault in 2014. They never told USA Gymnastics. If they had, I might never have met Larry Nassar and I would never have been abused by him.

A few things that are important to remember and have been consistent with each survivor coming forward:

The abuse started when she was underage and at USAG sponsored events (competitions, traveling, required training camps)
Nassar groomed her by giving her compliments and providing comfort during stressful times (training camps).
She was told that Nassar was “the best” and that the girls were lucky to be seen by him.

While USA Gymnastics was notified of the abuse in the summer of 2015, the organization took five weeks to report Nassar to law enforcement and also failed to notify Michigan State University, where Nassar was working after being quietly “let go” from his position with USAG. Similarly, MSU did not speak to USAG when, in 2014, an athlete came forward about Nassar’s treatments; her story did not constitute as a policy violation.

After filing the complaint, CEO Penny called Nichols’s parents Gina and John to “discourage [them] from reporting Nassar’s conduct to law enforcement and pressured them to keep the matter quiet.” Gina told Sports Illustrated:

“I got a phone call probably the next day [from] Steve Penny,” Gina told SI. “He called me, I don’t know how many times, to talk to me about it and make sure that I understood they were taking care of it. When I have the president of USA Gymnastics telling me what to do, he’s in a position of power over me. We’ve given our whole family up to get our daughter to this point and [when] I have Steve Penny telling me this is what we’re going to do, we’re going to be quiet, I’m going to listen to him. I’m not going to jeopardize my daughter’s chance of going to the Olympics.”

Maggie’s mother was interviewed by CBS News and details the extent of the control USAG had over the athletes: “He was allowed as an adult man in his mid-forties or fifties to do whatever he wanted to as a physician with no supervision, we never gave parental consent….Nobody was ever in the room. He was allowed to do whatever he wanted to with his bare hands. We couldn’t even stay in the same hotels with her when she competed for our country all over the world, but then they allowed a molester to do whatever he wanted to our daughter as a minor. But we were supposed to trust USA Gymnastics. It’s not OK… Where are the other adults that were at the Olympic training center, allowing this to go on.”

After Maggie’s statement, USAG responded with the following:

USA Gymnastics admires Maggie Nichols’ bravery and encourages our athletes and others, like Maggie, to share their personal experiences with abuse. We are sorry that any athlete has been harmed during her or his gymnastics career. USA Gymnastics is focused every day on creating a culture of empowerment that encourages our athletes to speak up about abuse and other difficult topics….
Contrary to reported accusations, USA Gymnastics never attempted to hide Nassar’s misconduct. The suggestion by plaintiff’s counsel John Manly, who indicates that he is representing Maggie, that USA Gymnastics tried to silence athletes or keep the investigation secret to avoid headlines before the Rio Olympics and to protect Los Angeles’ Olympic bid is entirely baseless. USA Gymnastics kept the matter confidential because of the FBI’s directive not to interfere with the investigation.
USA Gymnastics reported Nassar to the FBI in July 2015 and to a different FBI office again in April 2016. When Maggie’s comments were relayed by her coach to the organization, USA Gymnastics immediately contacted her parents and hired an experienced, independent investigator to speak with her and others at a mutually agreed date and time. The information that Maggie and later a second athlete provided was important, but did not provide reasonable suspicion that sexual abuse had occurred…

USAG stated that they hired “an experienced, independent investigator to speak to her and others.” This investigator, Fran Sepler, stated that she was in fact “not hired as an investigator, I was only hired to conduct several interviews by USA Gymnastics who indicated they were conducting an investigation into allegations and needed someone who was a skilled interviewer.” Maggie’s dad, John, states, “When the Fran Sepler interview was arranged, I was under the impression that this was the FBI investigator. We were never told who she was, what her position was, and so we thought it was part of the FBI investigation.” Sepler is also the person who interviewed Aly Raisman on behalf of USAG.

Following the pressure to keep quiet, Maggie and her family were not contacted until a year after she first filed her complaint, days prior to the 2016 Olympic Trials. During this time, Nassar was still practicing both at Michigan State University and the Twistars Gym Club in Michigan.

The day following the USAG press release regarding Maggie, Aly Raisman responded Twitter: “STOP VICTIM SHAMING. Your statements are hurtful. If you did not believe that I & others were abused than why pressure & manipulate us? WE WERE MOLESTED BY A MONSTER U ENABLED 2 THRIVE FOR DECADES. You are 100% responsible. It was mandatory to get “treatment” by Nassar.”

Twistars and Michigan State University are “Immune to Liability”

Image result for michigan state university

This week Michigan State University and Twistars filed motions to dismiss because they believe they were not liable to protect athletes from abuse. In 2014, a complaint was brought against Nassar by a MSU student; while the complaint against Nassar was dismissed, the university did implement several protocols that Nassar was found to have abused in 2016, leading to his termination at the university.

Dr. Jeffery Kovan (former head of MSU sports-medicine clinic), Dr. William Strampel (former dean of the MSU College of Osteopathic Medicine) and Kathie Klages (former MSU gymnastics coach) are the three former MSU employees listed as co-defendents in the lawsuits. MSU believes Kovan and Stampel, formerly in charge of Nassar, should be excluded from the lawsuit as they filed the graduate student’s complaint with police (law enforcement later cleared Nassar of the charges). The complaint, filed with police and Title IX stated: (explicit language below)

The woman alleged Nassar massaged the woman’s breast, even after she said it was not helping with her hip pain, she alleges in her lawsuit. He then massaged her vaginal area under her underwear, even after the woman told him to stop, the lawsuit says. The woman had to physically remove Nassar’s hands from her body, the lawsuit said, and she noticed Nassar had an erection.
Nassar was suspended for three months after the 2014 complaint were filed. He was allowed to return to work after he was cleared by the Title IX investigator.
However, the plaintiffs’ lawyers point out that Nassar was allowed to see patients while still under investigation by MSU police and that Michigan State never notified USA Gymnastics of the 2014 allegation involving Nassar.

While Klages received complaints about Nassar from multiple athletes over the years, because she was not Nassar’s supervisor, MSU states that she too should be released from liability (Klages, it should be noted, required her athletes to write cards to Nassar when he was arrested; she was released from her position in 2017). In their motion to dismiss the university as a co-defendent, MSU attorneys stated: “With the benefit of hindsight, Plaintiffs contend that MSU should have known that Nassar was a predator or done more to prevent his criminal conduct. But that is not the standard by which Title IX liability is measured.”

Olympics Day 4 - Gymnastics - Artistic — John Geddert at the 2012 Olympics.

Head Coach John Geddert of the Michigan club Twistars also filed a motion to dismiss his liability regarding athletes abused by Nassar in his gym. Geddert was the Head Coach of the 2011 World Championship Team and 2012 Olympic Team; both teams have not only three known survivors of Nassar’s abuse, but 2011 was also the competition in which Maroney details the assault where she was drugged and woke up with Nassar in a hotel room. His attorneys stated that “neither Geddert nor Twistars is required to report suspected child abuse, based on the state’s Child Protection Law, which lists mandated reporters.”

Geddert was listed as a co-defendant by a few of the first survivors to come forward to IndyStar in 2016. One survivor testified that Geddert walked in and made a joke when she was being “treated” by Nassar: (graphic statement below)

VICTIM G: “I remember, John, my coach walking in and that’s kind of why I remember because I did feel uncomfortable that he was in there.”
AG: “And then what happened?”
VICTIM G: “Mostly all I remember is him doing the treatment on me with his fingers in my vagina and massaging my back and with a towel over my butt and John walking in and making a joke that I guess my back really did hurt and then I was uncomfortable because John was in there during that.”

Geddert also came under scrutiny when he hired former MSU coach Kathy Klages as a “fill-in” in his gym. After initially denying the report, Geddert admitted she did in fact worked a few days at Twistars.

These suits are similar to the one filed by USAG that also states the organization was not required to report instances of abuse.

Marcia Frederick “Forced” To Come Forward After Complaints are Ignored

Image result for marcia frederick gymnast

Three days ago, the first ever World Champion for the United States came forward with not only her story of abuse at the hands of her coach, but how USAG ignored her complaints and allowed him to continue to train gymnasts. Marcia Frederick won the gold medal on uneven bars at the 1978 World Championships, marking the first time an American woman earned a world title in Artistic Gymnastics. Frederick was coached by Richard Carlson, a man she says abused her from the age of 16 (right after she won her gold medal) until her retirement from the sport at 18.

Frederick first told other coaches, the organization, and other adults about the abuse in 1980 but was ignored. She alleges that “Carlson had her engage in sex acts” for two years while she trained and competed for the United States. “Two years,” she said, “For me seemed like 10 years.” Her frustatrations with the failure of USA Gymnastics to continue allowing Carlson to coach even after her interview with the organization in 2011 forced her to go public this week.

In 2011, USAG interviewed Frederick regarding coach Don Peters, a National Team Coach accused by three teenagers of forcing them to have sex with him in the 1980s. In November of 2011, Peters was banned from the sport. He also coached Nassar survivor Jeannette Antolin before the ban. While Frederick denied that Peters had abused her, she told the organization that Carlson, who continued to coach gymnasts in 2015 and instructed at USAG-sanctioned clinics, had. USAG responded that the investigation only concerned Peters, not Carlson, and no further action against Frederick’s coach was taken. Two days before Nassar left USAG in 2015, Frederick lodged a formal complaint against Carlson with USAG after her 2011 interview was largely ignored.

Carlson’s attorney stated: “I guess he would deny any of her allegations dealing with impropriety,” Colleluori said, “Rick just wants to live a nice, quiet life.” Colleluori added that Carlson has considered suing Frederick for defamation but “he won’t do it. He’s too good of guy.”

Simone Biles is Third Member of Final Five to Publicly Come Forward

Yesterday, the most decorated American gymnast in the history of the sport joined her teammates in coming forward with allegations against Nassar. Her statement, released on Twitter, describes her abuse and struggles with publicly discussing surviving sexual abuse. Biles, who won four gold medals at the Rio 2016 Olympics and is arguably the greatest gymnast of all time, is also known for her outgoing personality and love for the sport:

Here is the response from USAG:

“USA Gymnastics is absolutely heartbroken, sorry and angry that Simone Biles or any of our athletes have been harmed by the horrific acts of Larry Nassar. We are our athletes’ advocates. USA Gymnastics will continue to listen to our athletes and our members in our efforts of creating a culture of empowerment with a relentless focus on athlete safety every single day.”

To which I have one reaction:

Image result for sure gif — Sure, Jan. Okay.

To Recap:

The Case Against USA Gymnastics:

While USAG may believe they held no liability for athlete safety and that they handled the sexual abuse allegations with accordance to the law, the point here is that they DO and they DIDN’T. This organization made its money off of the backs of the girls and women who won gold medals and the clubs and organizations that pay to be a part of the USAG organization. USAG created a culture of abuse, then turned its back on the athletes that sacrificed so much for their sport, protecting the molester that abused them instead. Here’s a recap:

Gymnasts were not allowed to have their parents or guardians with them at the mandatory monthly training camps held at the National Training Center OR at domestic and international competitions. Cell phones were also limited at the National Training Center.
Nassar was allowed to tend to gymnasts in their hotel rooms and the rooms they occupied at the National Training Center.
When allegations against Nassar were filed, USAG insisted to the parents of Maggie Nichols not to report to police, that their silence was needed for a more thorough investigation; they finally reported the abuse to the FBI five weeks later.
The “investigator” (USAG’s words) sent to interview Nichols and Raisman was not an investigator at all, but rather a person that specializes in sexual harassment and work disputes. When asked to speak to her a second time, Raisman was denied and also told to remain quiet, that the organization was handling the case.
USAG allowed Nassar to quietly leave the organization in 2015 and did not notify Michigan State University that he was under investigation for sexual abuse; Nassar continued to treat athletes at the university.
In 2016, USAG filed a settlement with 2012 Olympian McKayla Maroney for $1.25 million to remain silent on her abuse at the hands of Nassar.
In December, USAG files a motion to dismiss as they have “no legal duty to protect plaintiffs from Nassar’s criminal intent”.

Now What?

Nassar should be sentenced this week or next (depending on how long the 88 victim statements take to read) and will most likely serve the rest of his life in prison for both the abuse and child pornography charges. That small comfort–knowing that he can not hurt another person–I’m sure is at least a little justice for the more than 140 women that have come forward and the countless others that most likely have not shared their story.

While this case does not have the publicity that Weinstein or Penn State has received, the fact that so many high profile athletes have come forward–Maroney, Raisman, Douglas, and Biles–has propelled the allegations into a greater light. With the #metoo and #timesup campaigns gaining more traction, I believe women are feeling more comfortable with coming forward. There’s strength in numbers.

On the other hand, these campaigns and the public statements from such high profile athletes has made others question the legitimacy of their claims, which I fear will grow as more people tell their stories of abuse. I want to take the remaining space to combat some of that.

My New Years Resolution was to stop reading online comments but this morning I couldn’t help but take a peak. Simone Biles was truly THE gymnast of the 2016 games and most people know her (or of her) because of her endorsements and TV appearances. Finally, I thought, this abuse would reach even greater headlines (which is a shame because the popularity of the gymnast shouldn’t result in more people knowing about Nassar, but that is the world we live in). Wow, was I wrong. I could screenshot some of these comments, respond to their words, but instead I am just going to answer the most popular and disgusting comments I saw today:

I don’t want to hear about all the pervs out there. Give it a rest. Whether you like it or not, these “pervs” are out there and it is through these voices that we learn more about how perpetrators abuse their victims. Every 98 seconds an American is sexually assaulted. We DO need to talk about this. We DO need to teach every single person consent and signs of abuse. “Stranger Danger” is fine to teach, but you are more likely to be assaulted by someone you know. #metoo and #timesup might make people feel uncomfortable because there are a ton of stories now public. It can be overwhelming, I get that. But for many survivors of assault, these stories ring true. If it makes you uncomfortable, good. You’re learning that a lot of instances are buried, un-reported, or simply not discussed. We shouldn’t have to “give it a rest” when there is real work that needs to be done.

What happened, her endorsements dry up, need some cash now? Not that it matters, but Simone’s net worth is close to $3 million. As athletes, Simone, Aly, and McKayla went pro prior to their respective Olympics and did make money off of their medals and endorsements. Maggie, Jamie Dantzscher, and Antolin, for example, remained amateur athletes; they didn’t accept a dime and instead went on to compete in college on an athletic scholarship. Steve Penny, the CEO of USAG, was fired from the organization last year and given a $1 million severance package, nearly the same amount the organization gave to Maroney in an attempt to (illegally) keep her quiet. Because these women have come forward as survivors of assault does not mean they will even see a penny from the lawsuits. The organization however, made money from clubs, elite competitions, and endorsements, while simultaneously protecting a pedophile. Biles, for example, may not even be one of the survivors that are a part of the lawsuit; if she is, that shouldn’t matter. The abuse still happened to her, as a child and against her will, at the hands of a pedophile.

I wonder about these claims. Having a very difficult time believing these women! A majority of victims of abuse are the ages of 12-17. 93% of these

cases are perpetrated by someone the survivor knows. Two out of three instances of assault go unreported for many reasons including fear of retaliation and not understanding if the act was actually assault. EDUCATE YOURSELF. It is not the obligation of survivors to come forward. These athletes were conditioned that Nassar was the best and they were lucky to be seen by him. I am sure the number of gymnasts coming forward has given the more recently public survivors the confidence that they have each other, unlike the MSU student or Marcia Frederick, whose independent stories of abuse were largely ignored. Former gymnast Kathy Johnson-Clark said: “If we don’t at some point connect the dots to say, ‘You know what, this goes so far back,’ it’s going to keep going on in the future.”

On the other side, there has been a ton of support from fans and athletes. Thankfully, many of the survivors will have their day in court today, but a lot won’t. Regardless of the sentencing, we need to look at the structures, factors, and mentalities that allowed Nassar to abuse so many people for so long. Changing the culture and institutions–this is by no means an isolated instance of abuse–is the real victory for us moving forward.