USA Swimming: “Ms. Currin’s First Lawyer Agreed with the Approach”

  47 Braden Keith | July 26th, 2012 | News

In light of the latest accusations of Kelley Currin and her lawyer, Robert Allard, USA Swimming has shared its own timeline of events since April, where both parties agree that Ms. Currin first sent USA Swimming a non-disclosure agreement signed between herself and coach Rick Curl in the 1980’s.

USA Swimming does not dispute the facts in the statement by Allard and Currin, rather they attempt to fill in  the timeline between first contact in April and Friday’s call for an emergency hearing. USA Swimming claims that after first speaking with Currin, her attorney (who was then not Mr. Allard) advised her that because of the confidential nature of the agreement, she should not move forward with the case.

Acting on information it had received about a possible incident involving an unidentified swimmer in the past, USA Swimming worked for months to identify Ms. Currin, and then to locate her.  USA Swimming found Ms. Currin and raised this matter with her.  She did not come to us.

USA Swimming’s third-party investigator first spoke with Ms. Currin in April.  At that time, Ms. Currin sent the investigator the confidential Settlement Agreement she had signed with Mr. Curl.  Because this agreement was described as “confidential,” USA Swimming advised Ms. Currin to speak with an attorney before the investigator sent the settlement agreement on to USA Swimming in order to protect herself from legal jeopardy.  Ms. Currin’s first lawyer agreed with that approach, and the investigator did not forward the agreement.

On Wednesday, July 18, Ms. Currin advised USA Swimming that she had a new lawyer.  On Friday morning, July 20, counsel for USA Swimming emailed the new lawyer and advised him that if, as Ms. Currin’s new counsel, he was comfortable with USA Swimming seeing a copy of the Settlement Agreement, we would ask the investigator to send it to us immediately.  Friday afternoon, Mr. Allard attached the Settlement Agreement to an email sent directly to USA Swimming.  The following Monday, USA Swimming initiated a National Board of Review proceeding against Mr. Curl based on information contained in the Settlement Agreement.

Potomac Valley Swimming has released a statement to its membership via its website:

By now many of you have read the article written in the Washington Post by Amy Shipley. The events described evoke powerful emotions in us all, as people concerned with the welfare of our children.

The Officers of Potomac Valley Swimming want to assure all of you that our highest priority is the safety of our athletes. We have worked closely with USA Swimming in support of the Safe Sport program that grew out of legislation passed in 2012, and are proud to be part of this program, which is the most comprehensive athlete protection program in Olympic sport. More Information can be found at: www.usaswimming.org/protect.

In addition to conforming to the national program, PVS developed a task force specifically charged with issues dealing with safe sport. Also, the PVS House of Delegates endorsed the creation of a Board position that connects the task force to the Board.

We want to share some facts around the case presented in the Post today. USA Swimming was provided with information late Friday afternoon (7/20/12) which enabled it to initiate the Board of Review process on Monday (7/23/12). The reporting process is one element of USA Swimming’s comprehensive Safe Sport program which includes efforts in each of six different areas: Policies & Guidelines, Screening & Selection, Training & Education, Monitoring & Supervision, Recognizing, Reporting, and Responding and Engagement & Feedback.

By the Amateur Sports Act, all members of a National Governing Body are entitled to due process before any action is taken on their membership. At USA Swimming, that due process is called the National Board of Review, and consists of a hearing by a three-person panel. It is that panel that will hear this case in the next week to 10 days. In the meantime, we have been told by Curl Burke Swim Club that Rick Curl has taken a leave of absence and will not be on deck.

Potomac Valley Swimming supports USA Swimming in all its efforts to protect our athletes and encourages anyone with first hand credible knowledge regarding sexual misconduct to report to USA Swimming.

We understand that this is an emotional time for our members and we assure you that we will share further information when it becomes available.

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47 Comments on "USA Swimming: “Ms. Currin’s First Lawyer Agreed with the Approach”"

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FYI San Jose Mercury News Monday, July 23, 2012 Today, Penn State University was handed an unprecedented punishment by the NCAA for its role in the Joe Paterno – Jerry Sandusky child sex abuse scandal. This week, the Olympic Games begin in London featuring a USA Swimming team tarnished by the largest child molestation scandal in United States sports history. With more than 50 coaches already banned for life for sexually molesting minor swimmers and many more still coaching at local swim clubs, not a single individual or board member at USA Swimming has been held accountable. It is time for the United States Olympic Committee (USOC) to step in and clean house at USA Swimming by demanding the immediate… Read more »
trina tambor

Thank you for this information! I think everyone needs to be enlightened to this information.

Mr. Allard, Those of us who have been in the swimming community our whole lives and were college swimmers in the 1980’s when this all happened are thankful it sees a light. You represented the “swimmer” in this case back then adverse to the “coach”. Your client got $150K to go away and say nothing. Curl’s attorney, who is now apparently a judge in Maryland, got something worth a lot more for his client. Rick Curl made no admissions and the agreement was to settle a dispute that was completely non-specific in the document. You think Curl all these years later is going to chime up and fill in the blanks for everyone about the $150K? If he gets another… Read more »

Did I miss something, or are you just making an incorrect assumption? My understanding was that Allard was NOT the attorney for the victim in queston in the 80s. The actual agreement lists the attorney for the plaintiff as Judith Catterton. So why are you suggesting that Allard somehow dropped the ball back in the 80s?

Can you explain?

Yes, pretty harsh post for someone who may not have looked too carefully at the 1989 suit and the lawyers involved.

I don’t know who represented the family or advised the settlement but it was decent counsel AT THE TIME!

Now we live in a post Penn State world. The world you describe above did not exist then. Further, her parents were indeed naive as is easily seen by the agreed upon dollar amount.

Is it not much harder for you to fathom how so many young boys were abused by Sandusky for so many years?!

Yet you still ask why they didn’t do more?

FYI

Here is a link to an excellent article that highlights the history of this scandal and USA Swimming’s corruption and dirty tactics.

http://www.momsteam.com/poisoned-waters-sex-abuse-by-male-coaches-of-female-swimmers-continues-despite-USA-Swimming-efforts

so US swimming fosters a culture of molestation and cover up? fostering a culture assumes that child molestation and abuse are PERVASIVE, i.e., normal conditions and not exceptions–that is most people do experience sexual abuse of some kind as swimmers or perpetuate it as coaches/parents and then US swimming finds out and then covers it up? One may claim that there are cover ups—this is proven in some cases–no news to anyone here–but to depict the entire U.S. swimming world as a culture that fosters, perpetuates, and covers up massive child sexual abuse is ridiculous and inflammatory

This is a great article, and does a very comprehensive job of highlighting the pervasiveness of the problem. My only objection is its characterization of Sean Hutchinson: it lumps him in with all of the other pedophiles and child abusers, and doesn’t know that his alleged affair was with a swimmer who was very much an adult, over the age of 20. While I agree that this is probably not an appropriate coach-swimmer relationship, it is a consenting relationship between two adults is very different than the awful abuse cases we are seeing elsewhere.

The problem with the Hutchinson case is that while it may have been with two consenting adults, Hutchinson was in a position of authority as coach and that muddies it a bit (preferential treatment, etc.).

Hey Bob Allard,

Stop posting under “Splash”. It is excruciatingly obvious that you are one in the same.

wpDiscuz

About Braden Keith

Braden Keith

Braden Keith is the Editor-in-Chief and a co-founder of SwimSwam.com. He first got his feet wet by building The Swimmers' Circle beginning in January 2010, and now comes to SwimSwam to use that experience and help build a new leader in the sport of swimming. Aside from his life on the InterWet, …

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