New article explaining Richard Callaghan's SafeSport arbitration decision

[5Ali3]

An arbitrator determined a famed figure skating coach abused children. He lifted his lifetime ban anyway

The SafeSport investigation found:
“This investigation found by a preponderance of the evidence that, over the course of two decades, [Callaghan] engaged in grooming behavior, non-contact behavior of a sexual nature, inappropriate physical contact, and sexual contact and intercourse, physical and emotional misconduct, and a pattern of exploitative and abusive conduct with young athletes he coached,” the investigators wrote.

Callaghan “used alcohol, emotional manipulation, and his position of power” to sexually abuse Maurizi from the time he was about 15 or 16 years old until he was about 22 years old, their report said, and he “engaged in a similar pattern of sexual misconduct and grooming” with several other male athletes he coached while they were in their late teens or early 20s.

Multiple female athletes, meanwhile, endured a different form of abuse. Callaghan “routinely berated” female students about their weight, investigators found, and “engaged in forceful physical contact” with female students when he was frustrated with their performance, including “pulling their hair, whacking them with a skate guard, and pushing and shaking them.”

But the Center for SafeSport lost in arbitration anyway.

 

[overedge]

Wow. Just...wow.

 

[MacMadame]

I am confused as to why the arbitrator used a NY law. Shouldn't he have used the state laws in effect for where most of the abuse occurred?

 

[LeafOnTheWind]

I find it interesting that there are leaks that would normally be kept secret like the name of the arbitrator. I would hope that people are fighting back against this type of bullshit more and more.

 

[UGG]

You know...I read shit like this and it really makes me wonder in general if ANYONE... male or female...was left unscathed in some way. Maybe it’s because of Larry Nassar. It sounds like skating’s past is heading in the same direction. It’s so gross and sad.

 

[misskarne]

This is so disgusting. So basically the arbitrator was like "yeah he 100% did it but I'm gonna use some stupid ancient law to get him off".

Surely the arbitrator has some discretion. I hope Maurizi appeals in whatever manner that needs to be done. This is appalling.

 

[Bosha]

You know...I read shit like this and it really makes me wonder in general if ANYONE... male or female...was left unscathed in some way. Maybe it’s because of Larry Nassar. It sounds like skating’s past is heading in the same direction. It’s so gross and sad.

If the past is exhumed, it is likely that many good reputations will turn bad. Figure skating has been a niche sport done in isolating training facilities and in which reputation has a major effect on judging. There is even less school or university supervision than in gymnastics because very, very few schools have teams and none of the NCAA rules apply. Sexual and physical abuse issues have been swept under the carpet for a long time as far as I can tell. I hope that USFS and the PSA really up their standards and training on these issues, and if there is an association for rink operators, they, too, should get in step with the times. It is time for a major house cleaning.

 

[5Ali3]

I am confused as to why the arbitrator used a NY law. Shouldn't he have used the state laws in effect for where most of the abuse occurred?

Most of the abuse occurred in Buffalo and Rochester, NY where Callaghan was teaching (and Maurizi was training) in the late 70s and early 80s.

This is so disgusting. So basically the arbitrator was like "yeah he 100% did it but I'm gonna use some stupid ancient law to get him off".

Surely the arbitrator has some discretion. I hope Maurizi appeals in whatever manner that needs to be done. This is appalling.

The arbitrator is prohibited from considering any material other than what was entered into evidence: his decision was in accordance with SafeSport rules, as infuriating as that is. Unfortunately, there is no other appeal under the SafeSport code, but the article makes it sound like Maurizi is planning other legal action.

 

[VGThuy]

This is so disgusting. So basically the arbitrator was like "yeah he 100% did it but I'm gonna use some stupid ancient law to get him off".

Surely the arbitrator has some discretion. I hope Maurizi appeals in whatever manner that needs to be done. This is appalling.

Maybe he doesn’t because you have to follow the law no matter how outdated it is. It’s usually cases like this that invokes changes to laws so it doesn’t happen again. You have to remember these things are there to safeguard abuses by judicial officers from just making their own laws. I do wish there was another appellate level like there is in the court system.

 

[Carolla5501]

This is why you call real law enforcement not this “kind of official” program

 

[VGThuy]

This is why you call real law enforcement not this “kind of official” program

Again, this is not the same as a criminal proceeding. There is nothing stopping law enforcement from doing its thing. This is more about reviewing whether a body can issue bans from their organizations.

 

[VGThuy]

Sorry for the double post but this paragraph answered my question in a previous thread:

“Allegations that predate the Center (prior to March 2017) are still heard, investigated, and when abuse is found, those who perpetrated it are held accountable,” SafeSport said in a statement. “In those matters predating the Code, the Center’s investigators apply the standards, rules and laws that existed at the time of the allegations.”


SafeSport decided that for complaints that predate the Center, they will apply standards, rules, and laws that existed at the time of the allegations. That is why the arbitrator had little choice but apply an outdated and already revoked New York Penal law.

 

[Artistic Skaters]

It sounds like if there were other witnesses or victims from this time willing to speak up, they could have proceeded with the grievance (??) I hope at some point, there will be others who will come forward regarding these older complaints like they did for swimming and OSU wrestling, etc.

 

[bethy135]

If the past is exhumed, it is likely that many good reputations will turn bad. Figure skating has been a niche sport done in isolating training facilities and in which reputation has a major effect on judging. There is even less school or university supervision than in gymnastics because very, very few schools have teams and none of the NCAA rules apply. Sexual and physical abuse issues have been swept under the carpet for a long time as far as I can tell. I hope that USFS and the PSA really up their standards and training on these issues, and if there is an association for rink operators, they, too, should get in step with the times. It is time for a major house cleaning.

They don't even have to exhume the past. Just look closely at the present - in every rink! My kids were heavily involved in this sport for 2.5 years. Until we personally witnessed the dynamic so effectively articulated above. We pulled them out INSTANTLY. No. fricken. way. And we can afford the training too.

Between all of our kiddos we have been majorly invested in about 4 different intense sports over the years and I have NEVER seen anything this bad. Just everything. Just the culture is SO conducive to abuse of all kinds. Major and minor. So much disrespect everywhere for anyone who isn't elite whatever. So much resource guarding and nastiness. Very few people are fundamentally there for the benefit of the kids. It's all a facade.

I've been a skating fan most of my life but I'm trying to break myself of the addiction.

 

[MacMadame]

Most of the abuse occurred in Buffalo and Rochester, NY where Callaghan was teaching (and Maurizi was training) in the late 70s and early 80s.

Oh I thought for some reason, it happened in Delaware and NJ

 

[overedge]

SafeSport decided that for complaints that predate the Center, they will apply standards, rules, and laws that existed at the time of the allegations. That is why the arbitrator had little choice but apply an outdated and already revoked New York Penal law.

Not aiming this at you @VGThuy, but that decision by SafeSport makes no sense whatsoever. It's because those standards, rules and laws didn't prevent abuse that organizations like SafeSport have arisen, and that those laws etc. have been changed.

I honestly can't think of any other situation where laws are applied retroactively like this.

 

[VGThuy]

Not aiming this at you @VGThuy, but that decision by SafeSport makes no sense whatsoever. It's because those standards, rules and laws didn't prevent abuse that organizations like SafeSport have arisen, and that those laws etc. have been changed.

I honestly can't think of any other situation where laws are applied retroactively like this.

I wouldn’t be surprised if this decision comes with some changes with that.

 

[Anita18]

Ugh I know they’re following rules but UGH.

You know...I read shit like this and it really makes me wonder in general if ANYONE... male or female...was left unscathed in some way. Maybe it’s because of Larry Nassar. It sounds like skating’s past is heading in the same direction. It’s so gross and sad.

It’s horrifying to realize how common abuse is across the board. My peers are all highly successful people on paper, grew up “normal” with many resources....and yet a number of them have had Adverse Childhood Experiences in this realm. You’d have no idea by looking at them or even meeting them. Some of them have even repressed their experiences and are only unearthing it in their 30s. It’s awful that adults can be like this to kids who trust them.

 

[Bosha]

They don't even have to exhume the past. Just look closely at the present - in every rink! My kids were heavily involved in this sport for 2.5 years. Until we personally witnessed the dynamic so effectively articulated above. We pulled them out INSTANTLY. No. fricken. way. And we can afford the training too.

Between all of our kiddos we have been majorly invested in about 4 different intense sports over the years and I have NEVER seen anything this bad. Just everything. Just the culture is SO conducive to abuse of all kinds. Major and minor. So much disrespect everywhere for anyone who isn't elite whatever. So much resource guarding and nastiness. Very few people are fundamentally there for the benefit of the kids. It's all a facade.

I've been a skating fan most of my life but I'm trying to break myself of the addiction.

I was active in my club many years ago, and what you say is true too much of the time. The real power in the USFSA is in the hands of volunteers who themselves came up through the system and have prospered by it, not in those who see the system's faults. When you write that the system worships its top athletes, I recall a conversation I had with a high level judge who was crowing about the fact that she was honored to judge the test of a very, very high level junior skater who was moving up to seniors. It was clear that the USFSA had many, many eggs in the basket of that very, very young person.

Your ability to compare figure skating to other sports in which your children have competed is very rare indeed, and it is distressing. You are a wise parent to see the problems and decide that skating was not in their best interests. If you could change the sport, what would you change and how?

Figure skating at its best is a beautiful hybrid of sport and art. I understand why you are trying to wean yourself off it, but I've found that it is possible to just enjoy the skating and put the judging and the other serious problems second in your thoughts, at least while the skaters are on the ice. Be thankful that you're not one of the parents in the stands chewing off their fingernails!

 

[bethy135]

I was active in my club many years ago, and what you say is true too much of the time. The real power in the USFSA is in the hands of volunteers who themselves came up through the system and have prospered by it, not in those who see the system's faults. When you write that the system worships its top athletes, I recall a conversation I had with a high level judge who was crowing about the fact that she was honored to judge the test of a very, very high level junior skater who was moving up to seniors. It was clear that the USFSA had many, many eggs in the basket of that very, very young person.

Your ability to compare figure skating to other sports in which your children have competed is very rare indeed, and it is distressing. You are a wise parent to see the problems and decide that skating was not in their best interests. If you could change the sport, what would you change and how?

Figure skating at its best is a beautiful hybrid of sport and art. I understand why you are trying to wean yourself off it, but I've found that it is possible to just enjoy the skating and put the judging and the other serious problems second in your thoughts, at least while the skaters are on the ice. Be thankful that you're not one of the parents in the stands chewing off their fingernails!

Thank you for your thoughtful reply.

I agree about the beauty of the sport - I've been in love with it my whole life. I just don't like knowing what those kids go through.

 

[kwanfan1818]

“Allegations that predate the Center (prior to March 2017) are still heard, investigated, and when abuse is found, those who perpetrated it are held accountable,” SafeSport said in a statement. “In those matters predating the Code, the Center’s investigators apply the standards, rules and laws that existed at the time of the allegations.”


SafeSport decided that for complaints that predate the Center, they will apply standards, rules, and laws that existed at the time of the allegations. That is why the arbitrator had little choice but apply an outdated and already revoked New York Penal law.

If SafeSport claims "the Center's investigators apply the standards, rules and laws that existed at the time of the allegations," and they clearly didn't when they first established the first, lifetime ban, that would establish the grounds for the arbitrator's decision and the successful appeal.

I understand it is in SafeSport's best interest to at least imply that it was the arbitrator's decision to apply the standards at the time, but I don't understand why the arbitrator's statement wasn't simply: the basis of the ruling is that SafeSport did not follow its own standards, and I applied those standards that they, by their own rules, were required to apply.

The issue is SafeSport's standards, which I didn't understand until the statement from SafeSport quoted above. The arbitrator, by connecting the dots simply, would have exposed SafeSport's Lifetime Ban Theater.

 

[LarrySK8]

The 1980 law the arbitrator was compelled to use requires corroborating evidence in addition to the claims of sexual abuse. I could assume this would be eyewitnesses (think Sandusky eyewitness evidence), medical evidence if ever obtained, interviews and forensic investigation (CC receipts, travel documents, hotel documents, etc) and maybe even a journal or diary of the alleged victims.

If there was no evidence, it is highly possible the arbitrator had no other choice.

However, it doesn't mean that his victims have no further recourse, does it? Despite this 1980 law, if anything else can be pursued, they should think about it.

 

[aliceanne]

I think what gives skating coaches so much power over their students is the one-on-one nature of the coaching. Once you get beyond basic freestyle in the U.S. you have to take private lessons and your goal is to please the coach. It is a rather isolating sport, you practice alongside others, but not really with them. I could see a student with an abusive coach developing Stockholm Syndrome.