“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.

“‘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:

2012 Olympic Head Coach John Geddert
  • 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 was more of the same”: November Update on MSU, the USOC, and USAG

“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.

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

Lou Anna Simon in court (2018).

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.
Luminaries lighting the front of East Lansing Library. More than 500 were lit to remind Michigan State University of the effects of sexual abuse.

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.

Currently:

Reading: How to be an Antiracist (Ibram X. Kendi)
Watching: Catherine the Great (HBO)
Listening: 1619 (The New York Times)