Athletes for Equity Resource Center

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The Athletes Equity Resource Center provides informational and educational materials for all parties in cases of alleged abuse or misconduct involving athletes in 51 Olympic sports.

NO. 25-1150United States Court of Appeals for the Fourth CircuitTHOMAS NAVARRO; JAMES GIORGIO; NINA SHAFFER, Plaintiffs-...
07/18/2025

NO. 25-1150
United States Court of Appeals for the Fourth Circuit
THOMAS NAVARRO; JAMES GIORGIO; NINA SHAFFER, Plaintiffs-Appellants,
– v. –
UNITED STATES CENTER FOR SAFESPORT; UNITED STATES OLYMPIC & PARALYMPIC COMMITTEE; UNITED STATES EQUESTRIAN FEDERATION, INC., Defendants-Appellees.

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA AT CHARLOTTESVILLE

REPLY BRIEF OF APPELLANTS

https://athletesequityresourcecenter.com/s/reply-court-of-appeals.pdf

To learn more about Athletes Equity Resource Center or to donate, visit https://athletesequityresourcecenter.com/

Educate. Support. Empower. Founded to help navigate SafeSport-related challenges. Our Mission   The Athletes Equity Resource Center provides informational and educational materials for all parties in cases of alleged abuse or misconduct involving athletes in 51 Olympic sports. Our purpose in offeri...

SafeSport paid investigator's way to training, socials despite knowing he had legal problems
07/06/2025

SafeSport paid investigator's way to training, socials despite knowing he had legal problems

Less than a week after the U.S. Center for SafeSport learned of allegations against an investigator for theft and harassment, it paid his way to agency headquarters for an all-staff training session.

SafeSport paid investigator's way to training, socials despite knowing he had legal problems.
07/06/2025

SafeSport paid investigator's way to training, socials despite knowing he had legal problems.

Less than a week after the U.S. Center for SafeSport learned of allegations against an investigator for theft and harassment, it paid his way to agency headquarters for an all-staff training session.

07/01/2025

The following account is a real-life example of SafeSport experiences drawn from multiple cases. Details that might identify a specific case have been changed.

Here is a SafeSport case wherein an outstanding coach — trusted for years in an inner-city athletic program, with 100% parental consent to his actions on behalf of the team — had his contributions to the sport ruined overnight by a third-party SafeSport report. Without a police report or even questioning the coach, SafeSport issued a ruling of immediate sanctions and declaration of that coach having violated the SafeSport code.

Here's the whole story: The inner-city hockey program in a midwest city was extremely popular with city officials and parents. However, despite its popularity in the community, this program was not well funded; all ice time was donated by the rink, and equipment was acquired by the team thanks to donations. The equipment was safe, but it was not as “cool” looking as that of better-funded programs, whose uniforms and equipment were color coordinated. Still, when it came to competing with other inner city and surrounding suburban leagues, this patchwork team did very well.

The team’s coach — who was an inner-city minority kid himself years ago — understood the value of the program beyond hockey competition. The athletes in his program learned discipline, teamwork, tolerance, self-esteem, and work ethic from their practices. Teamwork, manners, and sportsmanship were the team values, and everyone on the team played a role in the team’s success.

The patchwork team earned a position in the state final. This meant an overnight hotel stay, bus ride, and food for two days on the road. The families had a meeting with the coach and reviewed the costs involved. The financial burden for these families was a great sacrifice; however, the intangible cost of not attending, and thus denying these young athletes this once-in-their-teenage-years opportunity, was higher. Hence this expensive challenge somehow had to be met. The parents suggested bake sales, odd jobs around the neighborhood, trash removal, and anything else that could earn some money for the trip.

The parents also signed a waiver, so the coach served as the chaperone. This was a coed team made up of 10 boys and 2 girls; 6 members would play at the state final. The only question left was about hotel arrangements. When a female chaperone could not be arranged (no family member could afford to miss work), the minority male coach suggested a hotel suite with two bedrooms and a living room. The hockey rink manager offered hotel points, and the suite was booked: two girls in one bedroom, four boys in the other bedroom, and the coach in the living room for one night. With the unanimous agreement of the parents and athletes, the trip was planned.

The team traveled by bus, practiced, and went to the hotel where the two-bedroom suite was their accommodation. At the competition, there was hazing of the team for their piecemeal uniforms and equipment. But when the competition was over, the patchwork team were the winners!

The losing teams were dismayed. One opposing team’s coach dug into the details of the winning team’s travel arrangements. They found out about the hotel accommodations and filed a third-party SafeSport report accusing the patchwork team’s coach of inappropriate conduct, sleeping with his young athletes, and being the only adult in a room with minors under 18 years of age.

SafeSport at once placed sanctions on the patchwork team’s coach, including removing him from his coaching position. This threw the coach into a furry of questions, trying to find out anything he could about the alleged SafeSport violations when he knew, and the students all knew, that he had done nothing wrong. He had zero resources for representation. Meanwhile, the parents of the athletes supported their coach completely, yet they could do nothing to help him.

The third-party reporting individual made public the SafeSport charge against the patchwork team’s coach. Local hockey associations were shocked and rushed to remove the coach from their organizations at once, whereupon their unsubstantiated decisions also were made public. All of this public airing of a hearsay third-party SafeSport code violation alleging inappropriate conduct with minors — unfounded as it was — resulted in the complete dismantling of the inner-city program. The power of a SafeSport code violation trumped all, regardless of the truth.

The coach was broken spiritually and financially by this false public accusation. He had conducted himself with integrity throughout his life and career and hoped only to help other young athletes grow through sports as he had in his youth.

When a reporter published the facts of the matter, SafeSport reversed itself after a full year of looking into the case. It took another year for the coach’s name to be taken off the public SafeSport list. But the damage to the coach was done: the stigma of a SafeSport code violation was attached to the coach's name on the internet. The coach became depressed under the emotional weight and hopelessness of what turned into a nightmarish and very public two-year ordeal.

Although the coach’s name has been removed from SafeSport’s list of sanctioned individuals, even now local sports groups have yet to see that the third-party SafeSport accusation was nothing more than a losing team’s coach finding a way to remove a better coach and scuttle that coach’s team. To date, local hockey groups have not reinstated the cleared coach to good standing.

This disturbing case raises several key questions:

• What does SafeSport know about the underlying circumstances or motives behind third-party reports?
• How is it possible that a coach in good standing who was smeared by a SafeSport report, but had its sanctions reversed, is still persona non grata with local associations?
• How does a questionable SafeSport report from an unvetted and possible nefarious third party outweigh parental consent plus not one single complaint from an athlete on this coach’s team?

To learn more about Athletes Equity Resource Center or to donate, visit
https://athletesequityresourcecenter.com

06/23/2025

The following firsthand account is a real-life example of SafeSport experiences drawn from multiple cases. Details that might identify a specific case have been changed.

The Sexually Assaulted Olympic Volleyball Athlete

I am an Olympic volleyball athlete. A trainer sexually assaulted me in 2020. I filled out and filed both SafeSport and police reports. The police are still following up. As of 2021, SafeSport had yet to assign an investigator.

Months have gone by, and the trainer who assaulted me is still in participating in sports. No news from SafeSport. I feel frustration, fear, and worry. I am giving up hope!

On Facebook, I saw a nonprofit organization called Athletes for Equity in Sport (AES). I sent them an email with my phone number and received an immediate call. All I could say through my tears was, “Can you help me? “

AES took time to explain the resources available through their sister nonprofit, Athletes Equity Resource Center (AERC). AES also called me back, asking about my legal team and suggesting how best to coordinate with attorneys who understand SafeSport’s resolution process.

I followed their suggestions, and my new team of attorneys made a plan to contact SafeSport. AERC’s list of attorneys made it possible to find knowledgeable SafeSport attorneys to help my personal attorney.

This strategy help. SafeSport assigned an investigator in the summer of 2021. I know AES and AERC attorneys helped motivate what is happening now regarding my SafeSport report. Just having people listen and knowledgeable attorneys helping my attorney is making a difference in my case and with my emotions.

AES and AERC want clean sport. AES is helping me to get a bad actor out of sport. Their professionals are making a difference for athletes, one case at a time. I hope they achieve Congressional hearings.

SafeSport is too important to be unresponsive to a sexually assaulted athlete...that is their mission! Their current procedures are a disservice to all athletes and make it hard to trust SafeSport.

AES and AERC explained that they support the intent of Congress in creating the Center for Safe Sport. However, they also understand there must be oversight and an improved resolution process, so that other athletes do not go through my experience.

I am lucky to have found AES & AERC. These two organizations helped!

To learn more about Athletes Equity Resource Center or to donate, visit
https://athletesequityresourcecenter.com

06/17/2025

The following account is a real-life example of SafeSport experiences drawn from multiple cases. Details that might identify a specific case have been changed.

Mentally Challenged Soccer Player Suspended by SafeSport

A 14-year-old soccer player with medically diagnosed autism was reported to SafeSport for inappropriate behavior in the locker room. The soccer player is a natural at the game and has gained self-confidence through the team sport and generally being accepted by the other players.

However, one team member is jealous of this boy’s talent, because the coach plays this socially awkward 14-year-old instead of the more popular but jealous athlete.

After a hard-fought win, the team was exuberant in the locker room, high-fiving and snapping each other with towels under coaches' supervision in the locker room. The autistic athlete was over-exuberant and snapped the jealous player below the belt with a towel.

The jealous team member saw an opportunity to get his autistic teammate in trouble and hopefully move himself into the lineup. So based the autistic player snapping him below the belt with the towel, the jealous player filled out a SafeSport report alleging sexual assault.

The SafeSport report was duly filed. Without talking to the supervisory coaches in the locker room who witnessed the alleged assault or questioning the autistic athlete with their parent present, the child was placed on temporary suspension.

His parents were very confused about this drastic and misinformed decision and requested information from SafeSport. Receiving no response, the parents became more frustrated. Then SafeSport placed the parent on temporary no-contact with the coach's SafeSport list for advocating for their child.

A moment of confusion and excitement by the autistic athlete in the locker room has now turned into suspension from his sport, harassment at school, and parents telling their child to keep their distance. Meanwhile, the reporting athlete is on the starting team.

The real tragedy here is that the autistic player who was gaining so much benefit from his participation in the sport of soccer is now devastated, doing poorly in school, and in therapy for depression…over what?

This could have all been avoided by having conversations with all parties concerned, including the supervisory locker room coaches. SafeSport’s resolution process does not provide for discernment of what initially happened and what is usual behavior for an autistic athlete who had no idea of their actions during the celebration.

Who protected this autistic child?

To learn more about Athletes Equity Resource Center or to donate, visit
https://athletesequityresourcecenter.com

The following account is a real-life example of SafeSport experiences drawn from multiple cases. Details that might iden...
06/10/2025

The following account is a real-life example of SafeSport experiences drawn from multiple cases. Details that might identify a specific case have been changed.

Here is a SafeSport case wherein an outstanding coach — trusted for years in an inner-city athletic program, with 100% parental consent to his actions on behalf of the team — had his contributions to the sport ruined overnight by a third-party SafeSport report. Without a police report or even questioning the coach, SafeSport issued a ruling of immediate sanctions and declaration of that coach having violated the SafeSport code.

Here's the whole story: The inner-city hockey program in a midwest city was extremely popular with city officials and parents. However, despite its popularity in the community, this program was not well funded; all ice time was donated by the rink, and equipment was acquired by the team thanks to donations. The equipment was safe, but it was not as “cool” looking as that of better-funded programs, whose uniforms and equipment were color coordinated. Still, when it came to competing with other inner-city and surrounding suburban leagues, this patchwork team did very well.

The team’s coach—who was an inner-city minority kid himself years ago—understood the value of the program beyond hockey competition. The athletes in his program learned discipline, teamwork, tolerance, self-esteem, and work ethic from their practices. Teamwork, manners, and sportsmanship were the team values, and everyone on the team played a role in the team’s success.

The patchwork team earned a position in the state final. This meant an overnight hotel stay, bus ride, and food for two days on the road. The families had a meeting with the coach and reviewed the costs involved. The financial burden for these families was a significant sacrifice; however, the intangible cost of not attending, and thus denying these young athletes this once-in-their-teenage-years opportunity, was higher. Hence, this expensive challenge somehow had to be met. The parents suggested bake sales, odd jobs around the neighborhood, trash removal, and anything else that could earn some money for the trip.

The parents also signed a waiver, so the coach served as the chaperone. This was a coed team made up of 10 boys and 2 girls; 6 members would play at the state final. The only question left was about hotel arrangements. When a female chaperone could not be arranged (no family member could afford to miss work), the minority male coach suggested a hotel suite with two bedrooms and a living room. The hockey rink manager offered hotel points, and the suite was booked: two girls in one bedroom, four boys in the other bedroom, and the coach in the living room for one night. With the unanimous agreement of the parents and athletes, the trip was planned.

The team traveled by bus, practiced, and went to the hotel where the two-bedroom suite was their accommodation. At the competition, there was hazing of the team for their piecemeal uniforms and equipment. But when the competition was over, the patchwork team were the winners!

The losing teams were dismayed. One opposing team’s coach dug into the details of the winning team’s travel arrangements. They found out about the hotel accommodations and filed a third-party SafeSport report accusing the patchwork team’s coach of inappropriate conduct, sleeping with his young athletes, and being the only adult in a room with minors under 18 years of age.

SafeSport at once placed sanctions on the patchwork team’s coach, including removing him from his coaching position. This threw the coach into a flurry of questions, trying to find out anything he could about the alleged SafeSport violations when he knew, and the students all knew, that he had done nothing wrong. He had zero resources for representation. Meanwhile, the parents of the athletes supported their coach completely, yet they could do nothing to help him.

The third-party reporting individual made public the SafeSport charge against the patchwork team’s coach. Local hockey associations were shocked and rushed to remove the coach from their organizations at once, whereupon their unsubstantiated decisions also were made public. All of this public airing of a hearsay third-party SafeSport code violation alleging inappropriate conduct with minors—unfounded as it was—resulted in the complete dismantling of the inner-city program. The power of a SafeSport code violation trumped all, regardless of the truth.

The coach was broken spiritually and financially by this false public accusation. He had conducted himself with integrity throughout his life and career and hoped only to help other young athletes grow through sports as he had in his youth.

When a reporter published the facts of the matter, SafeSport reversed itself after a full year of looking into the case. It took another year for the coach’s name to be taken off the public SafeSport list. But the damage to the coach was done: the stigma of a SafeSport code violation was attached to the coach's name on the internet. The coach became depressed under the emotional weight and hopelessness of what turned into a nightmarish and very public two-year ordeal.

Although the coach’s name has been removed from SafeSport’s list of sanctioned individuals, even now local sports groups have yet to see that the third-party SafeSport accusation was nothing more than a losing team’s coach finding a way to remove a better coach and scuttle that coach’s team. To date, local hockey groups have not reinstated the cleared coach to good standing.

This disturbing case raises several key questions:

• What does SafeSport know about the underlying circumstances or motives behind third-party reports?
• How is it possible that a coach in good standing who was smeared by a SafeSport report but had its sanctions reversed is still persona non grata with local associations?
• How does a questionable SafeSport report from an unvetted and possibly nefarious third party outweigh parental consent plus not one single complaint from an athlete on this coach’s team?

To learn more about Athletes Equity Resource Center or to donate, visit

Educate. Support. Empower. Founded to help navigate SafeSport-related challenges. Our Mission   The Athletes Equity Resource Center provides informational and educational materials for all parties in cases of alleged abuse or misconduct involving athletes in 51 Olympic sports. Our purpose in offeri...

06/08/2025

Motion To Intervene

IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

THOMAS NAVARRO; JAMES GIORGIO;NINA SHAFFER,Plaintiffs-Appellants,

v.UNITED STATES CENTER FOR SAFESPORT;UNITED STATES OLYMPIC & PARALYMPICCOMMITTEE; UNITED STATES EQUESTRIANFEDERATION, INC.,Defendants-Appellees.

05/29/2025

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