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

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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old coach
11 years ago

Nicely written David!

David berkoff
11 years ago

Coward behind the mask:

I know who you are and you know who I am. When you reference my name, tell the truth. As you are well aware, in 1991 I was a 23 year old swimmer who had the guts to come forward and address the issue of sexual abuse of athletes. I was hardly in charge or in a position of power. What I did do in 1991 was this: I chaired the first abuse subcomittee which developed what became the first code of conduct, albeit later than I would have liked. I resigned from the BOD in 1993 and was gone for 17 years. I got back into USAS after the Andy King issue twenty years later… Read more »

Swammer/Coach
Reply to  David berkoff
11 years ago

Like x1,000,000

Thank you for a voice of reason!!!

joeb
Reply to  Swammer/Coach
11 years ago

agreed!

11 years ago

All, we need to take the focus and blame off of Kelley’s parents. In regard to the parents, it was a different time (1980s) and there was no reporting system in place for USA Swimming and it was handled differently by the law enforcement authorities during that period. In addition society trusted authority figures (coaches, teachers, priests, scout leaders, etc.) more. Personally, if I was her parent, I hope that I wouldn’t have taken the money and let it drop. However, nobody but the Davies family know every intricate detail of the situation they were dealing with at the time. It must have been very painful to deal with.

If these allegations are true (which I believe they are), I… Read more »

Brian
Reply to  splash
11 years ago

Question, Splash – What’s your opinion on the change in rules by USA Swimming regarding parental supervision, coach interaction, etc?

I agree with your sentiment about the 1980s being much different than today. Now that there is a (newer) reporting system in place, and the parental supervision/chaperone rules are in place, etc, do you think that the system is already different?

That it is more of a “The system is completely different now, but things from the past are going to come up and rear their head due to how the system used to be” sort of situation? I find it hard to believe in this day and climate that even something suspected in the post PSU climate would… Read more »

11 years ago

All, we need to take the focus and blame off of Kelley’s parents. In regard to the parents, it was a different time (1980s) and there was no reporting system in place for USA Swimming and it was handled differently by the law enforcement authorities during that period. In addition society trusted authority figures (coaches, teachers, priests, scout leaders, etc.) more. Personally, if I was her parent, I hope that I wouldn’t have taken the money and let it drop. However, nobody but the Davies family know every intricate detail of the situation they were dealing with at the time. It must have been very painful to deal with.

If these allegations are true (which I believe they are), I… Read more »

sue
Reply to  splash
11 years ago

I agree with you , Splash. Not only was the climate different, but this type of crime was also unfortunately all too common.

I do not, however, agree with you about the parents. They do have to shoulder some of the blame. It’s a fact.

Coach
Reply to  sue
11 years ago

I agree. As a parent, no way would $150,000 do justice to the monster that did something like this to my child.

ALL adults were in the wrong. Just like people are pointing fingers about coaches or board members for knowing, the parents had first hand knowledge. Not correct to excuse the people who made money off it when others knew of it because of rumors and are being blamed for not coming forward.

Reply to  splash
11 years ago

Splash,

No we don’t need to take the blame off of Kelley’s parents. The 1980’s were not the dark ages. They chose not to call law enforcement and press charges. They got a lawyer, they took money, and they agreed to a settlement. This we know. Everything was in their hands. Or it was in Kelley’s and they allowed her to influence their decision. Maybe the parents realized that they were enablers.

The USA Swimming board is not a law enforcement agency so I really don’t know what you think they had authority to do in this situation. The power to do anything was in the hands of Kelley’s parents. I don’t know how old you are or… Read more »

sue
11 years ago

While I agree that allowing your child to spend that kind of time with an adult is highly irregular and suspect, I do think that her parents made the right decision at the time.

Actually, they made the right decision about the money and the wrong one about the amount. It should have been much higher.

Their lawyers likely pointed out to them that their daughter would be put through a trial or civil suit and made to testify etc. She may not even have been believed. There would be publicity. In the end, maybe the guy gets away with the crime and the child has been put through hell. And for what? Lawyer tells parents they might lose… Read more »

PsychoDad
Reply to  sue
11 years ago

Wow! How much money would be then enough for you to forget your child was raped? You are a sad person.

mommaswim
11 years ago

Accountability doesn’t begin with USA Swimming….it begins with, not only Curl, but KELLEY’S PARENTS!!!!!!

Coach
Reply to  mommaswim
11 years ago

I agree. Why are we only slinging mud at Richard Quick or Pete Morgan when her parents took money to stay quiet? They clearly had first hand knowledge and did NOTHING to stop him.

PsychoDad
Reply to  mommaswim
11 years ago

Exactly. Can we somehow get Curl to jail, picture of her parents publuished so that we can spit on them, and the victim and her lawyer to shut up. This is such a sick story on many levels.
As a parent of 14 year old swimmer, I do not allow for this to happen. Our club’s coaches do not invite swimmers to their houses or give them rides, and even if they do my daugther would not go. No team travel either. You have to assume worst to be able to protect them.
Her parents are the most disguisting people.

MarkB
Reply to  PsychoDad
11 years ago

MOMMASWIM, COACH & PSYCHODAD,

I posted this on another thread here but it warrants repeating. You all are quick to “sling mud” or “spit” on Kelley’s parents. What would you do if your child was beyond distraught and begging you not to make this public. She’s crying and ashamed (and had been treated for an eating disorder), though it’s not her fault. Would you then pursue this legally? Or would you make him pay somehow, legally, without you going to jail, too? Could this just possibly be a scenario?

Pooner
Reply to  PsychoDad
11 years ago

PsychoDad & MOMMASWIM…. You know nothing about her parents or the victim and to be so judgmental is beyond my comprehension! But then again… your screen name must say it all about you! I feel sorry for your daughter, because I bet living with you, she too has a lot of secrets that you won’t find out until she is much older! Where is your sympathy for the victim and her family? Actually just reading your opinion makes me wish you would post your picture so I could spit all over it! What has happened to our society that we can feel nothing for the victims and their familes? You are a disgrace to the human race! On judgment day… Read more »

Spirith20
11 years ago

, I’m curious to know how those who knew can and should be held accountable? If you swam or coached at the national level for any length of time, you knew about this situation BUT there was nothing that could be done without someone directly involved coming forward and being willing to press charges. USA Swimming’s hands were tied, if they acted on rumors they would face legal charges against them for defamation of character. What is equally as upsetting is that many, many of his peers who definitely at least knew of these rumors elected him as president of ASCA, a position he declined for good reason!

Brian
11 years ago

“SplashofTruth”, it is obvious that you are unable to weigh any facts objectively – rather, you look for every article or bit of news in the entire history of USA Swimming that can paint it in a negative light.

Is their corruption? I grant that. I think it would be hard pressed to not find that in any sports’ governing body.

Your actions are not those of someone who was either successful in our sport or in life, but rather that of someone who sits in their basement and draws conspiracy lines on a board.

The only punitive measure that needs to be done is stripping Curl of his coaching and banning him from the pool deck,… Read more »

Reply to  Brian
11 years ago

Brian, I’m sorry for the vulgar post last night. It was over the line. You seem like an intelligent person and I although I don’t agree with you on some of your postings, I do respect your opinion.

In regards to the punishment if found guilty, I was just asking the question and not saying what I think happen. Obviously, if these accusations are true (and it doesn’t look good), Curl should be banned from the sport for life and forced to give up ownership of Curl Burke. I’m not anti-Curl Burke and have great respect for the accomplishments of their program. There are a great many swimmers, parents and coaches that have nothing to do with Curl’s alleged actions… Read more »

Reply to  Braden Keith
11 years ago

A condition of the punishment should include a large fine if he attempts to sell for a profit. The club needs to be turned over to new ownership (coach or parents) without Curl receiving a profit.

Brian
Reply to  splash
11 years ago

Fair. Apology accepted, things were a little raw and things got heated. I understand this post and where you are coming from on this matter, and I agree.

About Braden Keith

Braden Keith

Braden Keith is the Editor-in-Chief and a co-founder/co-owner 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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