Parent of Swimmer Issues Open Letter To SafeSport After Court Grants Dismissals

All claims against SafeSport and USA Swimming made by the parent of a male swimmer who was accused of sexual harassment have been dismissed in Washington State Court.

The parent, referred to as Jane Doe in the case, was suing the U.S. Center for SafeSport and USA Swimming for mishandling an investigation into claims made against her son by multiple female teammates of his at the King Aquatic Club based in Federal Way, Washington.

The lawsuit is the underlying case reported in the recent report of USA Swimming taking SafeSport to court over a dispute pertaining to which organization was on the hook for damages.

Doe is also suing the University Place School District and the vice principal of the middle school her son and the female students who made the allegations attended, which remain active.

CASE BACKGROUND

Several female swimmers alleged that Doe’s son, 13 at the time, verbally and physically sexually harassed at least two of them and sent sexually inappropriate messages to one of them.

The amended complaint filed in court did not say exactly what the females alleged Doe’s son of doing, but a letter, signed by their middle school vice principal, indicated the female student-athletes reported numerous allegations against Doe’s son, including verbal and physical sexual assault.

Since Doe’s son and the female swimmers were members of the same club, the allegations were investigated by SafeSport. SafeSport issued a “no contact directive” during its investigation.

The allegations indicate the incidents took place around March 2021. In January 2022, Doe’s son and SafeSport reached an informal resolution—the son agreed he engaged in the alleged misconduct and thus received a warning. Nothing in the resolution prohibited him from continuing to be a member of King Aquatic Club.

However, Doe and her son later were “unsatisfied” with his decision to admit any wrongdoing, and filed a lawsuit against USA Swimming, SafeSport, the University Place School District and the vice school principal who signed the complaint letter, Jennifer Zamira.

THE LAWSUIT

All of Doe’s claims against USA Swimming and SafeSport stemmed from SafeSport’s investigation into the allegations.

The claims were:

1. A “declaratory judgement” claim asserting SafeSport and USA Swimming’s operations are unconstitutional as applied and “unfair, deceptive, a breach of the statute and other duties requiring due process”
2. A  claim entitled “Breach of Washington Constitution, Breach of Privacy” asserting that “SafeSport and USA Swimming intruded upon the plaintiffs’ solitude, seclusion, or their private affairs, publicly disclosed private facts, or intentionally and publicly put Plaintiffs in a false light” by publishing information related to the sexual harassment allegations.
3. A claim alleging that, during the investigation into the sexual harassment allegations, USA Swimming and SafeSport violated Washington’s Consumer Protection Act (CPA) by, among other things, “misrepresenting the existence” and “use” “of due process in their business operations” and “failing to follow due process in their business operations.”
4. A claim for intentional infliction of emotional distress, or outrage, essentially asserting that USA Swimming and SafeSport “falsely accused” Doe’s child of engaging in sexual misconduct and “[b]rand[ed] the Minor Child with the stigma of sexual misconduct.”

The breach of privacy, CPA and outrage claims each sought $1 million in damages.

Despite her son admitting to the alleged misconduct, Doe asserted that the accusations were false. She also alleged that the “SafeSport investigation targeting her son was likely…driven by” two named members, a USA Swimming registered coach and a registered official, and their families. The complaint asserted that “communications began circulating by” the two families, saying “that ‘we have to do whatever we can to get him in trouble’ referring to the plaintiff. The complaint also alleges that the families “escalated the false campaign reporting the plaintiff Minor Child to the vice principal and SafeSport calling the Minor Child a ‘sexual predator’, that the child was guilty of sexual assault, and sexual harassment.”

SafeSport and USA Swimming made motions to dismiss the claims against them.

• USA Swimming contends that it only forwarded SafeSport’s no contact directive to the LSC and the head coach of King Aquatic Club, which it is required to do under the Amateur Sports Act. USA Swimming is also required not to interfere with any SafeSport investigation, and therefore contends “any claim arising from SafeSport’s investigation is not properly advanced against USA Swimming.”
• SafeSport contends that Doe’s claims fail because “they essentially challenge its processes for conducting investigations and resolving abuse allegations and that, under the SafeSport Code, arbitration is the exclusive means by which a participant may challenge such processes.”

MOTIONS TO DISMISS GRANTED

The Court ultimately dismissed all of Doe’s claims against USA Swimming and SafeSport. They were dismissed because it was found that:

• Doe asserted that SafeSport and USA Swimming’s operations are illegitimate. They are legitimate as they’re authorized by an Act of Congress.
• The SafeSport Code precludes Doe from advancing her claims in court.
• Doe’s “Declaratory Judgment” claim failed because the complaint failed “to articulate a basis for this claim and, even if it is based on the Amateur Sports Act, that Act does not authorize private rights of action.”
• Doe’s CPA claim was deemed “facially meritless.” SafeSport contends this claim “simply repackages Doe’s procedural due process allegations (e.g., no hearing, no cross examination) as a deceptive trade practice, but this is insufficient.”
• Doe’s claim entitled “Breach of Washington Constitution, Breach of Privacy” fails because the Washington Constitution does not provide for a private cause of action for invasion of privacy.
• Doe’s outrage claim failed to “state a plausible outrage claim.”

District Judge Benjamin H. Settle therefore granted USA Swimming and SafeSport’s motions to dismiss the case.

PARENT SHARES HER SIDE, CALLS FOR APOLOGY FROM SAFESPORT

The parent involved in the case, referred to as Doe, takes issue with the way SafeSport handled the case and will continue to seek an apology from the Center while the lawsuits against the school district and vice principal remain active.

Doe told SwimSwam that the accusations from the female swimmers, “known bullies” in the area, were fabricated out of fear that her son would take “their spot” on the national track group at King Aquatic Club.

Despite her son being just 13 at the time, his name was put in writing with an NOA with sexual allegations with SafeSport without “any verification from a coach or anybody with authority.” Doe says the harassment against her son continued despite him changing schools and quitting swimming.

“One family even called his new school and said he had pending criminal charges to try to get him kicked out of this new private school,” she said. “They wanted him ruined. He was just a child.”

She also does not understand why she was not allowed to sit in on her son’s interview with SafeSport, given he was a minor. She hired an attorney to sit in with him.

“The dismissals were granted but the fight is not over,” she said. “I will not stop fighting until I get an apology from the Center, and I know that they are changing the way they do business.”

AN OPEN LETTER TO SAFESPORT

Doe issued an open letter to the U.S. Center for SafeSport, which you can read below:

To the U.S. Center for SafeSport and the Public,

I am writing today as a parent whose family has been deeply affected by the actions and procedures of the U.S. Center for SafeSport. My son, who was only 13 when this ordeal began, has suffered irreparable harm due to the mishandling of his case. My hope is that by sharing our story, we can prevent similar tragedies from happening to other families.

The mission of the U.S. Center for SafeSport to protect athletes from abuse and misconduct is vital and commendable. However, significant errors have been made, and it is crucial that these mistakes are acknowledged and rectified. My son’s case is not unique. I have met families across the country who have experienced similar injustices—from a hockey family in Iowa to swim families in North Carolina and Florida, and most recently, a young swimmer in Colorado.

To the U.S. Center for SafeSport, I implore you to take the following actions:

1. Issue a Formal Apology and Acknowledge Errors: An apology to my family and other affected families is a critical first step in rebuilding trust and demonstrating accountability and compassion.
2. Improve Procedures and Training: Conduct comprehensive reviews and improvements to current investigative procedures. Enhanced training for staff on handling sensitive cases involving minors is essential to protect the vulnerable and ensure justice.
3. Focus on Real Predators: Redirect resources and efforts toward identifying and prosecuting real predators and abusers. False accusations not only harm the innocent but also dilute the Center’s ability to protect those truly at risk.
4. Provide Support for Victims of False Accusations: Develop support systems for individuals and families who have been wrongly accused, including counseling, legal assistance, and public exoneration.

The stories of those affected, including my own, highlight the urgent need for change. My family’s experience has galvanized my resolve to fight until these issues are addressed and those responsible for the mishandling are held accountable.

To the U.S. Center for SafeSport: Please do better. Recognize the mistakes that have been made, and commit to continuous improvement to ensure that you do not harm others in the future. By doing so, you will not only restore faith in your mission but also safeguard the well-being of countless athletes and their families.