The United States Olympic Committee’s (USOC) newly-formed (and self-described ‘independent’) SafeSport organization has begun looking into a case of an accused coach that USA Swimming reviewed and closed without punishment in 2010.
In a story first reported by Concussion Inc, Sarah Ehekircher, currently a USA Swimming member coach herself, shared details of a relationship between herself and her coach Scott MacFarland in the late 80s that she says began when she was a minor and under his tutelage. MacFarland still coaches in Texas under the name James Scott MacFarland. The case went through the USA Swimming National Board of Review process, and that review did not find cause to take disciplinary action against MacFarland.
The Concussion Inc report, linked above, has the full details of Ehekircher’s allegations of the abuse, and when asked she referred us to that report as “100% accurate” for information. The high-points of the story are that Ehekricher says she was kicked out of her house at 13 by her father and her stepmother, and was invited to live with MacFarland. She says that the relationship turned sexual when she was 17 and a junior in high school and he was 34 and still her coach during a trip to a meet in Irvine, California.
She said that the two went on to have sex on “hundreds of occasions” according to ConcussionInc’s reporting. At 18, she left to swim at the University of Arkansas, but left the program after having an abortion – the first of two she had that she attributes to her sexual intercourse with MacFarland.
When asked what MacFarland’s defense was, Ehekricher told SwimSwam that his claim was that he “was in a sexual relationship with her after she was 18 and at the conclusion of (when) he was her coach.”
Ehekricher says that this story is flawed for two key reasons: one being that he was her coach until she was 24, and the other being that the sexual relationship started when she was 17. That last point is crucial, because per Ehekricher’s allegation that the relationship started at a meet in Irvine, California, it would have been statutory rape under California law, where the age of consent is 18, but not Colorado law, where the age of consent is 17.
When the case was opened in 2010, no civil suit was pursued because the statute of limitations had expired. A law that was circulated in the California legislature in 2013, that USA Swimming lobbied against and was eventually vetoed by governor Jerry Brown, would have changed those statutes of limitations.
ConcussionInc’s report also included an independently-obtained email from NBOR chair John Morse, reflecting on the case:
“The panel struggled with this matter for some time. We have tried our best to do the ‘right thing’ by all parties involved (including Ms. Ehekircher). Because most of the events at issue here took place about 20 years ago and documentation that might otherwise be available in a case about conduct which happened a year ago, for example, has long ago become unavailable, several critical factual issues suffered. Given that the burden of proof in these matters falls on the Petitioner, this ultimately worked to Petitioner’s (and the victim’s) disadvantage. Although the conduct of Respondent in this matter left a lot to be desired and represented poor judgment at best (and no doubt caused Ms. Ehekircher pain and emotional damage), the Board could not find that the Petitioner met its burden of proof to the preponderance of the evidence standard required.”
USA Swimming’s Code of Conduct didn’t explicitly outlaw coach-swimmer relationships until 2013.
Ehekircher shared emails from the USOC’s Center for SafeSport confirming that they were reviewing the accusations against MacFarland after she hand-delivered a report to them last week. Though they weren’t specific as to whether that review was about the accusations themselves or about USA Swimming’s handling of the accusations, the emails did say that, as of Wednesday, they had not received the case file from USA Swimming when they requested it a week earlier. When Ehekircher pressed them for why they had asked for the file for USA Swimming before she filed her report to the USOC, Kathleen Smith, a Senior Investigator at the USOC divulged that they had received another complaint on MacFarland that prompted them to request the USA Swimming file. Ehekircher was uncertain as to whether this complaint related to her case, or if there was another alleged victim that had come forward.
At least one recent addition to USA Swimming’s public “Banned Member List” was a case investigated by the USOC’s Center for Safe Sport, rather than USA Swimming’s internal organization, showing an increased reach by the umbrella USOC Safe Sport organization into investigations of abuse.
After this report was first published, USA Swimming reached out to say that they will cooperate with the U.S. Center for Safe Sport, with a spokesperson stating that “As standard practice, USA Swimming will provide the U.S. Center for Safe Sport with relevant case information for any reports submitted to the Center.”
Update: USA Swimming says that relationships between coaches and their athletes while in supervisory or evaluative control has always been against the rules – the 2013 rules changes involved only relationships that start between adults after the coach-athlete relationship stopped, which MacFarland says is what applies here, while Ehekircher says that the relationship began while MacFarland was still her coach. USA Swimming also says that their age of consent is considered to be 18, regardless of what state or local laws say:
- 305.2 – Any inappropriate sexual conduct or advance, or other inappropriate oral, written, visual, or physical conduct of a sexual nature at any time, past or present toward any person under the age of eighteen (18) by (i) a coach member or other non-athlete member, or (ii) any other adult participating in any capacity whatsoever in the activities of USA Swimming (whether such adult is a member or not) is prohibited
- 306.3 – Neither civil nor criminal statutes of limitation apply to reports of cases of sexual abuse
I bet Concussion Inc. is encouraging/prompting Sarah Ehekircher for its own gains.
I’ll start by saying that just based on what we “know” to be true (i.e. 34 year old coach admitted to having sex with his 18 year athlete), it’s disgusting, reprehensible and I wouldn’t want my child associated with him.
However, I’m surprised at the number of people here are willing abandon the presumption of innocence. It appears the review panel was troubled by the 2010 decision but in the end there wasn’t sufficient credible evidence to warrant disciplinary action. If the allegations are true, that completely sucks but often that’s just the way it is when 2+ decades pass between the events and an investigation.
Thanks for the moral judgement, Mike. I tend to give some deference to the decisions of consenting adults. But I do agree with you that some credible evidence should support a finding that a person is guilty of wrongdoing.
USA Swimming should be bound by the USOC Coaching Ethics Code in this case which was in force in the 1990’s and covers both relationships with current AND ex athletes. Surprised the panel in 2010 did not consider this document in its decision making. See sections 1.08, 1.14, and 3.04. Maybe Safe Sport will get it right and look at it and use it.
https://www.teamusa.org/USA-Karate/Officials-and-Coaches/Coaches-Resources/USOC-Coaching-Ethics-Code
What do you mean, get it right? Do you have some knowledge of the facts not available to the general public? From what I’ve read, a former swimmer (now coach) made an allegation against her former coach, which he denied. I don’t know whether a presumption of innocence exists in administrative proceedings, but whether it does or not, there doesn’t seem to be enough information to decide whose version is more credible. I certainly wouldn’t want to make a decision that could impact a person’s life without some additional evidence.
John Morse was on David Berkoff’s 1991 subcommittee on abuses where sexual abuse of swimmers by Coaches was discussed. He did nothing. What the hell is he doing on boards of review now!?
And this was all supposed to have happened when? Over 30 years ago? USA Swimming investigated once, had a hearing where each side presented evidence, and didn’t think there was enough reliable information to take action.
So admitted statutory rape is okay if it’s 30 years old? USAs has a no statute of limitations rule. Time doesn’t matter.
Apparently, the truth of the underlying allegation doesn’t matter too much either. Someone makes an allegation, so it must be true? What happened to evidence and critical thinking?
Because it happened “30 years ago”, it’s okay? You would be singing a different tune if your daughter was the victim.
No adult in a position of power should EVER cross the line with a teenager.
I’m interested to know what you mean by crossing the line. Several states appear to disagree about the age of consent for sex. If my daughter chose to have sex with a much older man at the age of 17, I would be disappointed, but realistic enough to understand it was her decision.
Middle aged women have got to get moving on all this purging of their past . If he has not forgotten long ago ,dementia will have set in & it will be ‘ who are you again ? ‘
I got to the ‘ hundreds of occasions’ . Lmao .
I’m glad makes you laugh.. pretty telling of your character..
I totally get middle aged women regretting their promiscuous pasts & post Roe vs Wade abortions. Don’t get me wrong , I am not against these at all but there is a price to pay in your mid life as you look around & think what may have been .
I prefer the generation before who were flower power hippies who have become caring grandmothers There was no equality in s * x it was just plentiful & part of life . They often had children very young & are even great grandmothers . Ive yet to meet one with regrets & fhey still wear patchouli.
But before the 17+ s * x , what went on at… Read more »
I suggest you do some research before you make such a nonsensical comment. Possibly reread the piece- I’m assuming you do not have a daughter, if you do, we should all pray that this doesn’t happen to her.
Pretty shocking stuff – Ehekircher brought her story to USA Swimming, and they decided there was no problem based on the accused coach’s say-so.