In March 2021, Morgan sent a letter representing 240 NWSL players to then-NWSL Commissioner Lisa Baird. At a higher level, the joint investigation makes a greater attempt to identify and define problematic everyday behaviors like emotional abuse, at times noting that even the players they interviewed struggle to define the lines between that and "tough coaching" because many of them grew up with so much of the latter. Levine, who was General Counsel of U.S. Soccer at the time, told the Joint Investigative Team that she recalled the comments about Lines were "very unfavorable." Riley publicly withdrew his name from consideration for the position on August 20, 2019. 54, substantiated, and the club had fired Holly. Whisler signed this non-disparagement clause notwithstanding the commissioning of the NWSL and NWSLPA Joint Investigation the month prior by the NWSL Board of Governors, of which Whisler was a member at the time. One player, describing Riley's fixation with players' weight, stated that he was "100% the most controlling person I've ever met. Another player recalled that he deployed a strategy of "breaking down [a player's] confidence, saying she doesn't look fit," and then when he needed her, "building her confidence back up and controlling her in that way." On September 30, 2021, The Athletic published the article regarding Riley, and the Courage publicly announced Riley's termination that same day. She heard from another player that it felt like Riley was really waiting until [players] were either belligerent or a little intoxicated." Meetings between players and club staff, particularly one-on-one meetings, should take place at club facilities or in appropriate public spaces or offices. Similarly, the sex occurred only when Farrelly and Riley had come together for soccer-related activities, such as after Riley invited Farrelly to dinner to discuss her 2012 soccer contract. Players reported that the relationship between Williams and the owners made players feel that any complaints raised to ownership would get back to Williams. The NWSL did not distribute these player surveys consistently: player surveys were distributed yearly from 2013 to 2017, and again in 2020. Coaches' behavior may cross the line into emotional misconduct when their criticisms are divorced from performance-related or corrective language, including by using insults or derogatory language to criticize players, attacking characteristics of players that are unrelated to their professional performance, or threatening players' careers. When contacting former employers, the NWSL should not just verify employment, but should inquire into any past incidents of misconduct. The NWSL began its own investigation into the player's complaint, but stopped after two days at the direction of U.S. Soccer. A consultant who assessed Riley's email account as part of the 2015 Thorns Investigation concluded that Riley had deleted the message from his inbox, and then further selected it for permanent deletion from the deleted items folder, which he had Days later, the assistant coaches told her that they had never complained about her attitude. In addition to the SafeSport Trained Core Course, players who are not minors are required to take a 30-minute SafeSport Training for Adult Athletes. . The NWSL should develop and implement an annual anti-racism and unconscious bias training that, among other things, is designed to prevent the use of racially insensitive or antisemitic language and provides tools for how to recognize and intervene against microaggressions. Inappropriate Sexual and Objectifying Remarks to Players After Starr revealed Simon's identity to the club, Wilkins set up a meeting for later that morning with Simon, Starr, and Wilkins's supervisor. Five months later, another NWSL club, the Western New York Flash, hired Riley as head coach. Many of the club anti-harassment policies provided to the Joint Investigative Team were inconsistent with the NWSL's Anti-Harassment Policy, including by prohibiting a narrower scope of conduct. In the suite, he began touching her under her shirt and under her pants, and told her that for every pass she fucked up," he was going to touch her. Malik said that after he spoke to Gulati, he then spoke to Paulson, who told Malik to ask the NWSL for a copy of the 2015 investigative report, rather than providing Malik with a copy of the report himself. Both at the bar and as they were walking after the bar closed, Riley brought up Shim's and Farrelly's sexual orientations and raised the notion of the two players getting together. Shim needed to use the restroom, and Riley offered the use of his bathroom in his nearby apartment. Rather, according to the report, he indicated that he "was unaware of any retaliation." For the player, the offer "was weird" and not appropriate." Some of these players reported feeling significantly affected by Clarkson's conduct; some reported that it affected their performance during games; and two players reported that they sought therapy. The Thorns reversed their position in February 2022 after protracted discussions with the Joint Investigative Team about the validity of the privilege claim as to the report. Falling between these two approaches, one club consulted with owners at the coach's former club and U.S. Soccer staff during the hiring process, but not with the coach's former players. Cromwell, Greene, and Reis's conduct fostered a pervasive fear of retaliation among players and some staff at the Pride. Hammond acknowledged that he did not follow up with Kurtz after the call to share any steps that were being taken or to see if there had been any improvement in Riley's behavior. Multiple players voiced concerns to the Joint Investigative Team regarding vague public statements that obscured the reason for departures, mainly for coaches. When the club held a call with players and staff to share the results of the investigation, however, the message left players and staff with the incorrect understanding that none of the reports against Cromwell and Greene were substantiated, that no remedial actions were taken to address their behavior, and that the club was standing by the coaches. Throughout an investigation into allegations of misconduct and once an investigation concludes, NWSL personnel responsible for investigating should be advised to follow up with individuals who made complaints and other individuals who participated in any investigation into alleged misconduct to ensure they are not experiencing retaliation for their participation in the investigation, including through informal conversations or other channels. Clubs' inconsistent responses to player-staff relationships left players confused about whether the NWSL prohibited such relationships. The NWSL has recently hired an experienced general counsel, but it should ensure that it has the necessary resources and additional HR and Legal staff with experience in conducting sensitive investigations and expertise in DEI issues to fulfill its investigatory duties under the 2022 AntiHarassment Policy. While the investigation was ongoing, Dames was not suspended and there was no intermediary action to prevent further misconduct that could harm current players on the Red Stars. In March 2021, a group of 240 NWSL players signed a letter to Commissioner Lisa Baird urging the NWSL to adopt an anti-harassment policy. The Thorns's public announcement merely stated that Riley would not be retained as head coach for the 2016 season, without mentioning the investigation or termination, and without providing any reason for Riley not being retained. An initial complaint against Clarkson was filed in December 2021, and the joint investigators leading Wednesday's report spoke with seven current and former players who described the coach as "volatile, verbally abusive, and not showing appropriate regard for players' wellbeing." She recalled thinking that now that he was the head coach for her team-and therefore her boss-the inappropriate behavior might stop. Maintaining a competitive women's professional league in the United States has long been viewed as critical to the long-term success of the USWNT. Sky Blue was not the only club at which a staff member and player became involved. For example, Angel City's policy as of 2021 stated that it was "committed to providing a workplace free of sexual or any form of unlawful harassment, discrimination, or retaliation based on protected characteristics." Instead of addressing players' concerns, Whisler repeatedly downplayed them and protected Dames throughout his tenure. Chicago Red Stars But some players and club staff described that Clarkson seemed to defend stadium security, and players and club staff expressed disappointment at Clarkson's and the club's failure to attempt to understand the Black players' perspective. In the wake of that public disclosure, Spirit CEO and managing partner Steve Baldwin resigned, but players called for him to sell his share of the team to minority owner Michele Kang. Press had first shared concerns about Dames in a September 9, 2014, meeting of USWNT representatives from the NWSL. Since the announcement of the NWSL and NWSLPA Joint Investigation, the NWSL has undertaken significant efforts to correct the systemic failures that allowed misconduct to proliferate. For instance, Duffy told the Joint Investigative Team she received "maybe one or two" updates while the investigation was ongoing. During the conversation, Levine also noted that Riley was a "well-respected coach" in the NWSL. Some clubs have strictly enforced a non-fraternization policy. Multiple players and one staff member described a particular incident in which Holly's romantic relationship appeared to impact his decision-making. In addition, the Joint Investigative Team contacted approximately 90 current and former club staff, including coaching staff, and invited them to speak with the Joint Investigative Team. However, according to the report, three players had "provide[d] specific examples" of this behavior. Former Sky Blue player Nikki Stanton said that Holly frequently told her in training sessions, If you want to be the best" in the League at your position and make the national team, "you need me." . Leadership training and coaching could provide coaches with skills to better communicate with players and other staff, motivate players, collaborate with other staff, and resolve conflicts within the team. The Thorns initiated a week-long investigation (the "2015 Thorns Investigation") conducted by its HR director, who found that some of Shim's allegations were undisputed and who summarized findings against Riley in a final investigative report. Multiple players also said that Dames commented on players' attractiveness. Under the 2022 Anti-Harassment Policy, the League "prohibits reprisal or retaliation against anyone for engaging in the following Protected Activity: filing a good faith report under this Policy; supporting or assisting, in good faith, someone else in pursuing a report or in an investigation; objecting to misconduct; or filing, testifying, assisting or participating in any manner in any investigation, proceeding or hearing conducted by a governmental enforcement agency." . Spirit players reported that Burke also used the full N-word in recounting past racism against a family member; asked players if he should sing the "Black version" or "white version" of "Happy Birthday"; and joked, to a player wearing a Black Lives Matter shirt and who had a black eye, that "black eyes matter." Levine suggested in a February 2016 email that she would prepare letters to Riley and to the owner of the Flash reminding them that coaches must remain professional, but the Joint Investigative Team did not find evidence that any such letters were written or sent. The policy contains a broad prohibition on harassment, discrimination, bullying, and retaliation, and explicitly applies to "any and all" forms of each type of misconduct. They also feel the non-fraternization policy, first implemented in January 2018, must be more explicit, extend to staff beyond the head coach and "clarify that any sexual or romantic relationship between players and those in supervisory roles over players is strictly prohibited, even if the relationship is consensual. In a written statement, Wilkinson denied this account of his discussion with Lines. By June 26, 2018, Levine had transferred her records of the short NWSL investigation to One player identified by Cromwell and Greene as having been involved in the March 2022 investigation was informed that the club was either waiving her or buying out her contract. The NWSL announced an investigation into abuse and misconduct towards NWSL players. One evening, he persuaded her to have dinner at an Italian restaurant in Portland. On the international stage, the United States has been a powerhouse of women's soccer. The publication of this Report marks the conclusion of the Joint Investigative Team's mandate to investigate ongoing concerns of misconduct in the NWSL. While it appears Gotham and the NWSL handled the complaint made regarding LaHue in a timely and appropriate manner once it was reported, there must be steps taken to prevent misconduct from occurring in the first place, and ensure that players feel comfortable reporting it if and when it does occur. The NWSL has seen a series of changes in its executive leadership between 2012 and 2022. In September 2015, a player on the Thorns, Meleana "Mana" Shim, emailed a complaint to leadership within the Thorns and to Jeff Plush, then Former NWSL Executive Director Cheryl Bailey said that in the League's early years, there was an expectation that clubs would each develop their own HR capability. Instead, it should require clubs to notify and provide relevant factual information to the NWSL when a club terminates the employment of any staff member, regardless of job title, or takes other disciplinary action due to misconduct. It [did not] matter what kind of abuse and toxicity they [were] creating. Farrelly later recalled that she did not feel she was treated by Garcia as someone who had been targeted by Riley on the night of the kiss. "This process is the culmination of a wide-ranging collaboration among our fans, players, front office, and owners" said General Manager Alyse LaHue. Simon felt pressure to do so but declined. "We've seen other teams continue to up their professional standards, and Sky Blue has to follow suit," LaHue said. One player told Predmore that they believed it to be "so important" that the club's communications state that Farid ha[d] been terminated. Founded in 2012, the National Women's Soccer League (the "NWSL" or the "League) has enjoyed success as the longest-running professional women's soccer league in U.S. history. The Flash, the predecessor club to the Courage, began speaking with Riley regarding the head coach position in January 2016, around a month after Aaran Lines stepped down as head coach and became vice president of the Flash. 18, Riley's subsequent hiring by the Flash would not speak with the Joint Investigative Team, including the Thorns's HR director who conducted the investigation, the former Flash vice president, and Riley himself. This player felt "the lines [were] blurred," and she never knew whether the invitations were inappropriate or if he "just genuinely care[d] about [her]." Malik stated that Paulson's text message "re-emphasize[d]" this point. Nonetheless, the Joint Investigative Team faced a number of limitations throughout the investigation. Investigative Process In her summary of the conversation, Levine noted that she had cautioned Whisler about potential retaliation. Farrelly asked what steps the NWSL intended to take in connection with inappropriate conduct that was initially reported" and offered to make herself available for an interview. In announcing his resignation, which immediately preceded the Washington Post article detailing his abuse and harassment of players, the Red Stars credited Dames's "leadership" for the club's "consistent" and "excellent" on-field performance. During the League's 2021 investigation into LaHue's conduct before her termination, multiple staff members reported that LaHue behaved differently around this player. coach, and Alyse LaHue, the former general manager of Gotham F.C., each received two-year suspensions from the league. Further, U.S. Soccer paused its investigation for one month from March to April 2019 while SafeSport exercised jurisdiction over a complaint about Dames marrying one of his former youth players. One player said the team reached its "breaking point" when Benstiti gave a speech about diet during a losing streak in the summer of 2021. In any case, Riley told them that if they kissed, the team would not have to run the "suicide mile, an intensive fitness drill, that week. The investigation focused on misconduct by NWSL employees and club staff directed at players. 109, result of the failure to share information, the NWSL, the Red Stars, and players were left with the impression that Dames's behavior was deemed acceptable by U.S. Soccer. In the months that followed, U.S. Soccer's investigator spoke to other players, who reported concerns about Dames's behavior that corroborated the two formal complaints about Dames. Malik texted Gulati that he "appreciate[d]" the "confidential advice to Anson." The club also agreed to pay Dames through the end of the year. Similarly, other players reported that Dames texted certain players "all the time," including late at night. Other clubs in the NWSL pursued Riley after it became known that the Thorns would not retain him and in the absence of any public information indicating that he had been terminated for cause. For example, players at the Thorns and at Racing Louisville were unaware that both clubs had designated full-time HR staff. James Clarkson communicated with players in a manner that created anxiety and fear for multiple players. This phenomenon is not unique to this investigation or the NWSL: interpersonal misconduct, and particularly sexual misconduct, is generally underreported. Williams acknowledged that club leaders also identified to him specific players who organized the meeting, although he did not know all the players who participated. Whisler recalled that the club worked to get the severance agreement "done by midnight" on November 21, and he signed the agreement that night. . The morale around the club seems higher than ever and fans are once again excited to get back into the seats of Yurcak Field. 14, Uncertainty about the League's stability also may have influenced how the leaders and managers of the League addressed potential issues and concerns. Inattentiveness, neglect, and concealment allow misconduct to fester. For example, in one incident, Clarkson likened an injured player's stride to that of a "lame horse," and laughed when she jokingly responded, "So should I shoot myself?" On a third team, a player described her coach threatening players with waiver after the coach heard that those players had questioned decisions he made during training. You had no job security, a player explained. Plush, the senior-most executive at the League, did not take any steps to ensure that the Flash, the Courage, and the players who would be coached by Riley were aware of the risks he posed. The club ultimately elected to retain Riley as head coach, but this decision was similarly affected by the Thorns's, U.S. Soccer's, and the NWSL's lack of transparency about Riley's misconduct. 4. Player Reports of Misconduct During the USSF Dames Investigation However, this position appears inconsistent with the email from the Thorns's counsel transmitting the Riley report to the League, which Plush received and which did not place any restrictions on the League. It can be argued that Alyse LaHue, general manager of the soccer team formerly known as Sky Blue FC, was herself the rebrand that became official this . The NWSL should continue requiring these background checks and should expand the background check requirement to all prospective club employees and volunteers who may interact with players and travel with the team, including medical staff, massage therapists, equipment managers, volunteer coaches, and volunteer trainers. The Flash also wrote to the Joint Investigative Team that the "only negative reference" made was that Riley did not mesh well with all of the personalities" in the locker room, and Wilkinson had said to get Riley if the Flash could. Alyse LaHue on Twitter Harrington reportedly tried to enter the hotel room, and one of the players "shoved him out. Holly grabbed Simon's wrist and forced her to touch his penis. The following day, on June 14, 2018, Dames texted Whisler that he heard Levine had contacted a player to set up a call, and Whisler promptly responded that he had spoken to the player in question. Riley asked Shim out to dinner, though she made excuses to avoid accepting. The statement called on the NWSL to (i) open an independent investigation into the issues described by The Athletic; (ii) suspend any staff accused of violating the anti-harassment policy; and (iii) disclose how Riley was hired within the NWSL after leaving another club following an investigation into his misconduct. At the conclusion of the March Investigation, the Pride's counsel substantiated that Cromwell engaged in favoritism, inappropriately communicated with and "verbally attack[ed]" players, made sexualized comments about players' appearances, disregarded the advice of the sports medicine staff, and discouraged players from utilizing reporting channels. 2. One player described Holly screaming at a player during a game, only to bring her into a meeting after the game in which he cried and told her that she was his favorite player. The clubs should ask questions about players' experiences in the NWSL generally, their experiences with specific coaches and other club staff, and their reasons for departing. . The Joint Investigative Team heard different accounts regarding exactly what information was shared with players at this meeting. 1. Instead, it appears that, in the face of threatened litigation by Riley, and on the advice of counsel, the Thorns sought to limit their potential liability to their former coach. The attitude that women's sports are not professional, or not as valued as men's sports, gave players the impression that they were less valued and that their concerns would not be addressed. Hammond recalled telling Kurtz in a phone call that the Courage were not able to find a trade for her. When Baird asked Levine if they should meet with Farrelly, Levine replied that they should email Farrelly first. 8. Simon reported that Holly first engaged in sexual misconduct toward her in the summer of 2019. NWSL and NWSLPA Joint Investigative Team . These categories are illustrative and non-exhaustive; emotional misconduct also can include intentionally acting in a manner that causes emotional or psychological harm, including severe or repetitive conduct, such as insulting or degrading players or by creating a hostile working environment for players. Holly declined requests to be interviewed in this investigation. Within a few months, investors had spent what was originally expected to sustain the league for three to five years. These biases are central to any evaluation of misconduct in the League. When confronted by the team's captains about his response, Clarkson said that the players "should be scared.". Mental Health First Aid training tailored toward sport professionals could help players and staff develop the skills to recognize and respond to players navigating mental health challenges. Another child, tween, teen and beyond will know the world is better when it's . Players raised a variety of other concerns to U.S. Soccer's investigator, in many cases providing specific examples of Dames's behavior that made them uncomfortable. However, the allegations once again were not responded to appropriately by the NWSL, including by Levine, who had read Shim's 2015 allegations against Riley as well as the 2015 investigative report. Additionally, Whisler repeatedly minimized and dismissed concerns raised by players and staff about Dames. The NWSL completed an independent investigation, and it announced that based on witness interviews and a review of video footage, no disciplinary action would be taken against the club. Both before and after the NWSL implemented its Non-Fraternization Policy in 2018, clubs responded inconsistently to player-staff relationships. The USSF Dames Investigation surfaced several concerns about Dames, but those concerns were not appropriately investigated or addressed. 101, When players reported concerns about Dames or resisted his social invitations, they experienced retaliation. Until 2022, the League also had no free agency for any players, meaning a single club retained the rights to the player even if the player was not under contract. He became condescending toward her and made jokes about "ripping [her] contract up." Whether the conduct was severe or repetitive and whether it was intentional are factors that may influence this analysis. Riley stepped away to use the restroom, and Farrelly and Shim discussed leaving. LaHues behavior in connection with [the player] was improper and inappropriate, and a violation of league policies . Shim recalled feeling uncomfortable because she felt that Riley was treating the evening like a date. Other players also pointed to the developments of the past two years, and in particular, the implementation of the NWSL AntiHarassment Policy, as positive signs of a cultural change. In 2022, it was updated to prohibit discrimination and retaliation more explicitly. In the player survey, Thorns players anonymously commented that Riley "ripped/yelled at players in a hurtful, non-productive way," was "verbally abussive [sic]," and would "call [players] dumb, stupid, slow, idiotic, retarded, we have no balls, we will never be better than the average 16 year old boy, worthless." The Joint Investigative Team found no evidence that the Thorns, U.S. Soccer, or the NWSL ever shared these indications of a "more extensive" relationship between Riley and Farrelly with the NWSL clubs that subsequently employed Riley. In the fall of 2021, the Joint Investigative Team asked clubs to produce their antiharassment policies, and this Report analyzes the policies received from that request, some of which were implemented only recently.

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