Update: WaPo Posts Full Rick Curl Non-Disclosure Agreement

  94 Braden Keith | July 25th, 2012 | Club, News

Update: The Washington Post has released what appears to be a scanned version of the non-disclosure agreement in question. See that document here. Note that the complaints are not fully executed, but the settlement is on pages 11 and 12.

The Washington Post is reporting that Rick Curl, one of the founders of the hugely-successful Curl Burke Swim Club, is being called in front of a USA Swimming Emergency Hearing involving a former swimmer of his in the 80’s named Kelley Currin (then Kelley Davies).

From the Post:

USA Swimming has requested an emergency disciplinary hearing against prominent Washington area swimming coach Rick Curl for allegedly engaging in a sexual relationship with a teen swimmer and then paying her and her parents to keep quiet as part of a settlement.

Read the full story from the Post here, who claims to have received a copy of a non-disclosure agreement where Curl paid $150,000 to Davies and her family in exchange for them not speaking publicly on the topic or press charges.

The statute of limitations on statutory rape in Virginia, presuming it would be a misdemeanor charge, is one year. In Virginia, however, because of the age difference, these offenses would be likely prosecuted as class 4 and class 6 felonies, which have no statute of limitations. Any legal statutes of limitations do not preclude USA Swimming from taking action if they decide there is merit to the accusations. It would also not preclude civil action, pending the exact terms of the non-disclosure agreement and whether or not they would be upheld.

Curl Burke, the largest satelite club team in the country, has now had two interactions with USA Swimming emergency hearings this summer; in June, former coach Noah Rucker was arrested for alleged transgressions against a former female swimmer of his as well.

 

 

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94 Comments on "Update: WaPo Posts Full Rick Curl Non-Disclosure Agreement"

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Do we suspect any more women will come forward? Good for you Kelley.

trina tambor
This is the problem. No one wants to speak up when they see something being done that is wrong. Pete Morgan wants us to believe that he knew nothing. He has been Rick Curl’s right-hand man since the beginning. I believe he knew and knew that it was in his best interest to stay quiet. If it were to be found out that Pete Morgan knew about the incident and said nothing the repercussions on Curl-Burke could be devastating, as Pete is the head man in charge when Rick Curl is not around – who would run the programs and what would happen to Pete Morgan? It was that way when Rick Curl was coaching in Australia (from 2004-2008) and… Read more »

Trina – I see your same postings on most of the story sites. Wow – So now Pete Morgan is guilty for a cover up because you “believe he knew…and said nothing”? Why are you focusing on him instead of Rick Curl? You know a lot about the club, so how do you base your claim that he knew? Were you there? Did you know of the abuse? Before vilifying others, let the action of the investigation come up with the facts before playing prosecutor and attempting to destroy another person’s reputation based merely on your feelings – or back them up with facts.

Of course he knew.

Trina,

I agree w/MICWIZ! You don’t know what you are talking about. You are so quick to vilify Pete Morgan. Here’s a tip for you from journalism 101: Don’t ASSUME anything because it makes an Ass out of U and Me! Same point to you Darcy.

How about the fact that Currin said she confided in a number of people when the relationship ended, including Bill Bullough, the founder of the RMSC? Why aren’t you complaining about his lack of ethics?

Swimmer4Life

Amen to that!

Glad she came forward,it takes a lot of guts . It’s a crime that people/coaches that knew about this didn’t come forward earlier.

I don’t believe Kelley came forward with this investigation. USA Swimming initiated this back in December 2011. Apparently, from the article, this has been a very well known fact in USA Swimming. I wonder what their motive is here and now? Do they plan on setting a precedent with this case and be able handle all the other cases that are going to be coming forward from the 1980’s and 1990’s? Rumors and speculations from many many prominent coaches in the world of US Swimming have been rampant for as long as I can remember. I am very interested to hear what USA Swimming’s objective is and what it is they want to achieve in this case. The board at… Read more »

“I am very interested to hear what USA Swimming’s objective is and what it is they want to achieve in this case.”

Really? Because I’m interested on why a grown man thought it was ok to emotionally manipulate and engage in sex acts with a 14 year old. He’s lucky to be in one piece. I cannot imagine being the father of this girl finding out her swim coach was having sex with her in my own house. I hope USA Swimming’s motive is to ban him for life.

CUBUSWIMMER said, “There are people behind this who have always been envious and hated Rick Curl because of his success.” I don’t even know where to start with this comment. Who gives a shit about his success! He had sex with a 13 year old. Your comments make me think you went to Penn State. A lot of team backers there also justify, justify, justify…

People around back then heard rumors but neither Kelly or those who were told said anything. In 2010, we passed legislation that requires reporting where there is first hand knowledge or reliable second hand knowledge. We also passed a rule that made statutes of limitation inapplicable to reporting. Kelly should have come forward under these rules. Anyone who knew (including Morgan) should have come forward. Part of the rule passage was to help bring justice for past harm. However unless people come forward uSAs cannot get rid of bad coaches.

A coach is NOT a feat coach if he or she is molesting swimmers!

How has USA Swimming mishandled recent cases? Unless you’re spouting nonsense out of your ass…If I recall, the newer stringent travel meet measures, not to mention their new policies, were in direct response to allegations such as this.

There’s no motive except to prevent this from happening and to punish those who got away with it under more lax and trusting regulations by the governing body.

Brian,

I’m glad USA Swimming has implemented newer more stringent policies. In this litigious society that we live in, they have had to evolve with the times. I’m not spewing nonsense out of my ass. Unless the board at USA Swimming is made up of 12 year olds, they have been aware of this case for a long time too. The problem with their case is that they don’t have one. This ship has sailed. And BTW MRTURKLE, if this were my child, I wouldn’t be asking USA Swimming to investigate – I would call 911.

I would agree – if I remember my law correctly, I’m fairly certain they could do nothing about that case because of the non-disclosure agreement. If it was settled without them being involved, there would be no legal way of them knowing, since it would prevent a third party to being privy to any information of that incidient.

Chris DeSantis

CUBUSWIMMER,

If other clubs have the same problem, and I would venture a guess you are right that many more do, then it needs to come out and it needs to be dealt with and I will applaud USA Swimming for doing so.

This was not a well kept secret among Summer college swimmers at Curl-Burke in the 1980’s. I have a very hard time believing that the “rumors” were not also heard by a great many coaches and national level USA Swimming coaches at that time, and not for the first time in December 2011. I am not an attorney, but a read over the settlement agreement is that that parties, Curl and then Kelley and her parents merely settled a dispute and agreed to drop any current or future claims for Curl paying $150K over a decade plus, and presumably he paid the last of it about a decade ago. The settlement agreement contained no references to any sexual items and… Read more »
Well, it depends. Statute of limitations has expired, but not if classified as a class 4 or 6 felony, I believe due to the age difference. USA Swimming really had no jurisdiction – and are absolutely clean from that. If the parents had not gone with the non-disclosure agreement and hadn’t settled, and it was brought to light, then USA Swimming should have intervened. However, due to the disclosure agreement, they would never know, being a third party. Curl’s attorney did a fantastic job of that non-disclosure agreement, unfortunately. The family would be bound to silence, and no one else would be able to hear anything about it. Essentially, it was something that was handled/taken care of that USA Swimming… Read more »

Rick Curl’s group trained in Maryland. I think the Curl Swim Club was an LLC or a registered Inc. in Washington, DC though, just to make it more complicated.

I practiced criminal defense law in Montgomery County for over a decade. Maryland has no statute of limitations for felonies. From what I understand some of these alleged acts were committed in Montgomery County, Maryland. Therefore, the alleged crimes could be prosecuted in Maryland. I represented a guy in a similar situation (the crime was over 15 years old before the victim came forward), he made a full confession and pled guilty. It is incredibly ugly process which is why I don’t handle these types of cases anymore. I lost my stomach for it. With respect to the contract/settlement agreement. I have not read it but I will say that an agreement to do something illegal is not enforceable. You… Read more »

@SteveK

To clarify, both places have no statute of limitations on felonies, I think we’re in agreement there.

Well, then apparently the onus is on the judge and attorneys involved, because they essentially agreed to keep it from the authorities.

The phrasing of the NDA is as such: ”

7. Concurrently, with the execution of this Settlement Agreement, Swimmer shall not initiate or proceed with any other action or proceeding, whether civil or administrative as against coach. Additionally, Swimmer shall not initate and/or voluntaritly proceed with any criminal action against coach.”

I swam for Curl in the 80’s this story has HUGE legs. We all knew it. Unfortunately we were all young enough back then to probably not truly know the ramifications since it was obviously consensual. But for the coaches back then to claim they did NOT know what was going on is rediculous. It was obvious. This is turn the blind-eye syndrome at its best.

BaldingEagle

You mean “NON-CONSENSUAL.”

NO, even if you read her testimony. She consented. I am not saying it was a lawful act. I am just saying that she was ok with it. Read up on it before you make comments.

“consent” is a legal term when used in this way. It is not legally possible for an underage person to consent. This is referred to as a compliant victim, but in no way is it consenual.

Thanks Bob, well clarified. I used the wrong term.

swimmermama

The girl was 13 years old. An adult can not have a consensual relationship with a 13 tear old, for goodness sakes! The girl is not emotionally mature enough to give consent, that’s why we have laws in place to protect underage children from adult predators.

She was 13 years old. Legal consensual sex? Are you insane.

The settlement is signed, The original claim that triggered the settlement wouldn’t need to be because it was probably withdrawn when an out of court settlement was reached

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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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