Gilbert Wayne Layral, a former coach from California, and Derek Smith, a former coach from New York have been added to USA Swimming’s list of Individuals Permanently Suspended or Ineligible as of September 11th.
Although we weren’t able to find as much information about Wayne, USA Swimming cited rule 304.3.15.
304.3.15 – Any other act, conduct or omission not provided for above, which is detrimental to the image or reputation of USA Swimming, a LSC or the sport of swimming.
Smith was listed as a coach for STAR Swimming in Buffalo, New York on USA Swimming’s club portal page, but has since been removed from their team’s website.
The specific sections of the Code of Conduct included on the list include:
- 304.3.6 – Conviction of, imposition of a deferred sentence for, or any plea of guilty or no contest at any time, past or present, or the existence of any pending charges, for (i) any felony, (ii) any offense involving use, possession, distribution or intent to distribute illegal drugs or substances, (iii) any crime involving sexual misconduct, or (iv) any criminal offense against a minor.
- 304.3.8 –
- 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, directed towards an athlete or 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).
- Any act of sexual harassment, including without limitation unwelcome sexual advances, requests for sexual favors, and other inappropriate oral, written, visual, or physical conduct of a sexual nature in connection with or incidental to a USA Swimming-related activity by any person participating in the affairs or activities of USA Swimming (whether such person is a member or not) directed toward any member or other person participating in the affairs or activities of USA Swimming.
- A romantic or sexual relationship, even if it is a consensual relationship between adults, which began during the swimming relationship, between athletes and those individuals (i) having direct supervisory or evaluative control, or (ii) who are in a position of power and trust over the athlete. Except in circumstances where no imbalance of power exists, coaches have this direct supervisory or evaluative control and are in a position of power and trust over those athletes they coach. The prohibition on romantic or sexual relationships does not include those relationships where it can be demonstrated that there is no imbalance of power. For example, this prohibition does not apply to a relationship between two spouses or life partners which existed prior to the swimming relationship. For factors that may be relevant to determining whether an imbalance of power exists, consult the USOC’s Safe Sport Policies at www.teamusa.org/Footer/Legal/Governance-Documents.
- Any peer-to-peer sexual abuse. For the purposes of the Code of Conduct, the term “peer-to-peer sexual abuse” shall mean any unwelcome physical conduct of a sexual nature directed towards a minor athlete by another minor athlete.
- 304.3.19 – Any other material and intentional act, conduct or omission not provided for above, which is detrimental to the image or reputation of USA Swimming, a LSC or the sport of swimming.
Well what you think or feel if it happened to your daughters or nieces? Well guess what it did and I hope he never gets out of jail !!!!
He didnt go to Jail.
Oh…than he’s inocent.
Gilbert Wayne Layral is in Jail for LIFE due to his actions !! Just an update!!!
Where he should be
A simple Google search shows Layral arrested in August of 2015 for violations of CA penal code 288a and 288.7 which identifies the victim as being under 10. Sick stuff. It took USA Swimming over a year to make a determination. It is my opinion that comments made by Pac12backer are false. That in fact USA Swimming has a proven track record that is the opposite .
This rule, “any conduct which is detrimental to the image or reputation of USA swimming”, is is very broad and subjective. Watch out what you say or do, or the head-shed of USA Swimming may just give you a lifetime ban. Don’t get too many parking tickets on your record or maybe you will be banned for life. A DUI would certainly qualify under this rule.
This rule needs to be objectively defined, or tossed out.
Alternatively, you could have molested children who were not members of USA Swimming (before the rules covered that) which I think we can all agree is “conduct unbecoming”.
The best thing to do is be an upstanding citizen and leader. I know, it’s tough.