USA Swimming Responds to Statements in Mark Schubert Lawsuit

  18 Braden Keith | September 18th, 2012 | Featured, National, News

USA Swimming has released the below statement regarding the pending litigation against former National Team Director Mark Schubert. Though not a party to this case, USA Swimming is mentioned at several points in the complaint.

Read More:
Complaint Documents
Accusations in Mark Schubert lawsuit go far beyond wrongful termination
USA Swimming is not a party to the lawsuit between Dia Rianda and Mark Schubert; however, because that suit makes various gratuitous accusations against USA Swimming, we will address the false premise underlying those accusations.

The resolution of the relationship between Mark Schubert and USA Swimming absolutely did not involve any cover-up of alleged sexual misconduct by Sean Hutchison or any other person. Rather, because of USA Swimming’s commitment to safe sport, the agreement between USA Swimming and Mr. Schubert specifically required that if Schubert had, or in the future, received reliable information involving a sexual misconduct Code of Conduct violation by a coach or other member of USA Swimming, he would bring that information to USA Swimming in writing and would testify at a National Board of Review proceeding if requested to do so by USA Swimming.

Regarding Bill Jewell, USA Swimming cannot comment on ongoing investigations. However, as a matter of process, when USA Swimming initiates a coach investigation, it immediately notifies the employing club.  As per the Amateur Sports Act, membership status cannot be affected without the opportunity for a hearing. Employment decisions during investigations are at the discretion of the employing club.

About USA Swimming’s Safe Sport Program

USA Swimming is committed to providing a safe environment for all its members. The USA Swimming Safe Sport Program is a comprehensive abuse prevention initiative rooted in six core areas: Policies & Guidelines, Screening & Selection, Training & Education, Monitoring & Supervision, Recognizing, Reporting & Responding, and Grassroots Engagement & Feedback. USA Swimming is proud of its proactive approach to abuse prevention and continually strives to be the leader in Safe Sport in the Olympic movement. For more on the program, visit www.usaswimming.org/protect.

 

 

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18 Comments on "USA Swimming Responds to Statements in Mark Schubert Lawsuit"


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4 years 8 days ago

Point for Rianda!

The Schubert settlement exists. This is something that has been repeatedly denied.

Bill Jewell is the subject of an ongoing investigation by USA Swimming. While this may be a creative adjustment of reality by USA Swimming, it is still significant. At a minimum it would mean Marc Schubert misrepresented the situation to Ms. Rianda. It may also mean USA Swimming will throw Coach Schubert under the bus.

Marc Schubert can potentially argue that USA Swimming is violating the terms of its agreement with him. If so, his best option may be to turn on USA Swimming before they strike first. Coach Schubert can easily do this by resurrecting the Sean Hutchison situation.

Even a writer for TV movies wouldn’t make up a situation this messed up. Drama. The horrible part is backdrop being the damaged careers and lives of so many young swimmers and good coaches like Ms. Rianda.

Adam
4 years 8 days ago

If the agreement with Schubert stipulated that he report such information than they should release a copy of the agreement.

coacherik
4 years 8 days ago

Truth! Let’s see the agreement!

4 years 8 days ago

What they don’t deny is that Schubert was prohibited by the agreement from PUBLICLY talking about either FAST or sex abuse issues in general; instead he was required to take information to their NBOR so that they have control over how the information is disseminated, i.e. not at all. Then they try to advance the Sports Act argument again despite the fact that we have established over and over again that it does NOT apply to coaches. Also note that they do NOT deny the allegations re Curl.

If the USA Swimming statement has any truth to it then why was Schubert paid $625,000.00 of the memberships hard earned money??? Isn’t that hush money? Because it sure wasn’t because Schubert’s a nice guy…

As bad as Hutchison’s, Schubert’s and Jewell’s actions are, USA Swimming’s is even worse. You could give 1000 clubs $600.00 with the hush money they paid Schubert and every club would be appreciative.

Who in the hell do they think that they are kidding?

Superfishy
4 years 7 days ago

I find it incredibly ironic that “Splash of Truth” has the nerve to remain ananymous yet is up in arms about a standard confidentiality clause in a settlement agreement. Why are you so scred to hide behind a mask. Coward? Splash of Lies, stop trolling after your own press release. We all know you are associated with Bob Allard and his press guy.

Fact is that the confidentiality agreement has nothing to do with Bill Jewell or Sean Hutchinson but rather involves Schubert’s personal health issues. Confidentiality agreements are standard in almost all settlement agreements.

The reality is that Bob Allard has his own financial interest in mind. He wants USAS to fail at ridding itself of pedophile coaches and besmirches anyone who either stands up to his rhetoric or is working hard to clean up the sport. USAS has the most comprehensive athlete protection policies of any amateur sport in the world. Allard hates this. The fact that the banned list is growing is proof positive that the system is working.

Finally, if Allard is SO concerned about Rick Curl remaining in coaching all of you readers should demand that he tell us the real reason why he refuses to let Kelly Davies (Currin) testify at the Board of Review hearing scheduled for today. Allard consistently demands that he be able to depose almost everyone ever associated with USAS (many of them multiple times)), and then posts those deposition on line, but won’t let Currin appear in a confidential hearing. Why? Because he wants USAS to fail.

jp001
4 years 7 days ago

The problem with NBOR hearings is that they are not required by law to conform to any standards of due process. They are set up and run by a party (USA Swimming in this case) with partisan interests. The only goal of USA Swimming is the protection of the organization. The rights of the victim are way down the list, if on the list at all.

And there is no transparency to the process, like there would be in a court of law. So there is no opportunity for the community affected by the process to evaluate, comment, and/or work for changes in the system to make it better.

My guess is that it is Allard’s view that having Ms. Currin testify at the NBOR hearing would not be beneficial to her in the long run (in court) because they would be showing too much in a biased setting.

Superfishy
4 years 7 days ago

What evidence do you have that there is bias. That’s just nonsense. It is run under similar rules of evidence and procedure required in court and comports with the due process requirements required under federal law. Moreover, I know of only one (ONE) BOR hearing where the coach accused of inappropriate conduct with an athlete was cleared. The number of coaches banned through the process since the changes to the Code of Conduct in 2010 stands at 10. If there is a bias it is for the swimmers! You don’t know what you are talking about. BTW, Rick Curl refused to appear at his hearing and is now banned. Check out the updated list. No thanks to Allard.

Jcoach
4 years 7 days ago

“No thanks to Allard”? Really? Would the Curl issue have ever made the light of day without Alllard?

I have one question – Did USA Swimming know about Rick Curl before the week before the Olympics? If they did (and plenty of people think they did), then they allowed a coach worthy of a lifetime ban to continue to coach until someone (Allard?) took them to task.

jman
4 years 7 days ago

Well, according to the timeline released by USA Swimming they knew about the allegations in early 2011.

jp001
4 years 7 days ago

Where is there a requirement of federal law that the grievance process have due process? I would be ecstatic to find out that that is the case.

Ted Stevens
4 years 7 days ago

The Ted Stevens Amatuer Sports Act provides in Section 220522(a)(8) that a National Governing Body (“NGB”) must provide “fair notice and opportunity for a hearing to any amateur athlete, coach, trainer, manager, administrator, or official before declaring the individual ineligible to participate.” Section 220522(a)(13) of the Act provides that an NGB must provide “procedures for the prompt and equitable resolution of grievances of its members.”

gigi
4 years 7 days ago

The Amateur Sports Act – If you were accused, you would want due process!

WM
4 years 7 days ago

“I find it incredibly ironic that “Splash of Truth” has the nerve to remain ananymous yet is up in arms about a standard confidentiality clause in a settlement agreement. Why are you so scred to hide behind a mask. Coward?”…really “Superfishy”…do your parents suck, or are you also choosing to remain anOnymous?

“Fact is that the confidentiality agreement has nothing to do with Bill Jewell or Sean Hutchinson but rather involves Schubert’s personal health issues.” Interesting statement of “fact”…have you read the agreement yourself?

4 years 7 days ago

Why would it bother you that Splash of Truth is anonymous? Do we need a messenger to shoot so we can pretend that USA Swimming isn’t messed up when it comes to handling abuse?

Splash outed the Schubert settlement in February of 2011. Chuck Wielgus and Bruce Stratton immediately and definitively responded that there was no settlement. Who lied on that one?

Splash is a bull in a china shop sometimes but it increasingly looks like everything put out on http://www.usswimnscandal.com is correct.

If you want a named watchdog, I’ll oblige you. Look for Swimming Exposed’s identity in a week or two. You can take potshots at me.

Keep an open mind. The truth is staggering.

baxter
4 years 7 days ago

this is all extremely messy and extremely emabarassing for anyone and everyone involved in USA swimming, as well as unfortunate and sad for the many affected so negatively by this situation and the many others like it. I mean, what would have happened if these primary involved parties had acted professionaly, morally, etc…how much different would the complexion of the women’s roster have been & how much more succesful could it have been in London if FAST USOC held together…this is very small example in comparison to everything else negative surrounding this, but another thing to consider.

We (members of USA swimming) are being represented by seemingly dysfunctional adults that head, by appearance, a dysfunctional family, and for me this is as embarrasing as the events, actions, and lawsuits that are taking place. MLB for a while had the same issues in terms of governing itself and we know how embarrasing all of those Capital Hill appearances were. And for me, feeling sympathing for those directly negatively affected by these events and people isn’t enough. The more that is uncovered about this and other similar situations, the more I agree with Chris Desantis.

I think it is time for a new direction and approach.

cynthia curran
4 years 7 days ago

I swam for BIll Jewell for a year back in 1973 to 1974 when he was at Newport Beach. No rumors in those days that I can think of and I knew the other teenage swimmers. Jewell had some good age group swimmers and many also played water polo, about 2 I think made nationals.

baxter
4 years 7 days ago

thanks, but that is a rather small sample, and 40 odd years ago. his interview about Sean now just reads as absolutely absurd and defensive.

to draw a picture, to me this is the equivalent of the BP oil spill….

Opinionated
4 years 1 day ago

If I want a flower arrangement, I go to a florist. If I need a physical, I go to a doctor. If I want someone to investigate the rape of a child I go to … USA Swimming? Are you kidding me? There are people who do this for a living. They are called the police. If we want to keep having swimming compared to the Catholic Church, let’s keep “investigating” these charges in-house.

I believe this is the greatest sport on the planet for the development of traits that make people successful. Personal accountability, work ethic, individual achievement, commitment, goal setting, and dozens of other lessons are taught in the pool every day. If we allow “coach” to become associated with “predator” like the Catholics allowed “priest” to be, the good coaches and the sport we love will be irreparably harmed. I implore everyone: go to the police!

wpDiscuz

About Braden Keith

Braden Keith

The most common question asked about Braden Keith is "when does he sleep?" That's because Braden has, in two years in the game, become one of the most prolific writers in swimming at a level that has earned him the nickname "the machine" in some circles. He first got his feet …

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