SafeSport to overturn lifetime ban of Richard Callaghan

[meggonzo]

US Olympic sports watchdog’s lifetime ban of allegedly abusive figure skating coach overturned

U.S. Olympic sports sexual misconduct watchdog's lifetime ban of once-celebrated figure skating coach Richard Callaghan was overturned on Monday.

abcnews.go.com

But Callaghan, who has repeatedly denied any misconduct, appealed that decision to an arbitrator, who modified the sanctions after a hearing earlier this month, reducing the penalties to a three-year suspension, 15-year probation and 100 hours of community service.

 

[Perky Shae Lynn]

I just can't....

 

[skatingguy]

WTF

 

[Lanie]

Thanks for doing your job, SafeSport.

We've all known about Callaghan for years. And now he will be able to continue to coach and abuse. Fabulous.

 

[oleada]

WTF

 

[skatingguy]

Thanks for doing your job, SafeSport.

We've all known about Callaghan for years. And now he will be able to continue to coach and abuse. Fabulous.

I'm not sure I understand your point regarding SafeSport. They did their job, investigated, and delivered a judgment. SafeSport isn't responsible for the actions & decisions of the arbitrator.

 

[Lanie]

I'm not sure I understand your point regarding SafeSport. They did their job, investigated, and delivered a judgment. SafeSport isn't responsible for the actions & decisions of the arbitrator.

So this arbiter is not associated with SS? Ah.

 

[MacMadame]

As frustrating as this is... will Callaghan even be coaching when his 3 years are up? He's pretty old. I would expect him to quietly retire.

So this arbiter is not associated with SS? Ah.

That was NOT clear to me from the article, but I think not.

 

[Tinami Amori]

Not questioning the decision, or Callaghan's rights to dispute. Have problems with this:

"SafeSport had declared Callaghan “permanently ineligible” for membership in August following an 18-month investigation into allegations reported by one of Callaghan’s former students and colleagues, citing “sexual misconduct involving [a] minor,” physical misconduct and emotional misconduct."

From what was said by the victims, it was "statutory rape", "coercing minors into sex acts", and simply "rape".. but ok, they can call it "misconduct"..

 

[her grace]

I don’t get this. Either he’s guilty of sexual misconduct and deserving of a lifetime ban to protect children. Or he’s not guilty and shouldn’t be punished. What is this splitting the baby nonsense?

 

[Vagabond]

Is the three-year suspension or any part of it retroactive?

Callaghan competed as a Novice at 1961 U.S. Nationals, so I assume that he is now in his seventies and won't come off probation until he is in at least his mid-eighties. I sure hope that he and anyone who works with him are very closely monitored during that probationary period.

 

[skatingguy]

So this arbiter is not associated with SS? Ah.

No SafeSport does not have a process to appeal, and hence it would go to a judicial appeal or an arbiter.

 

[Debbie S]

I assume the arbitrator is part of SafeSport. It sure sounded like that in the article. And it's a horrible decision. How much more evidence do they need? I only hope that he won't/can't get back into coaching after his suspension.

ETA:

No SafeSport does not have a process to appeal, and hence it would go to a judicial appeal or an arbiter.

So then SafeSport is basically useless then? If it goes through an 18-month investigation, issues a decision, and then the accused can simply go to someone else and get it reversed.

 

[skatingguy]

Not questioning the decision, or Callaghan's rights to dispute. Have problems with this:

"SafeSport had declared Callaghan “permanently ineligible” for membership in August following an 18-month investigation into allegations reported by one of Callaghan’s former students and colleagues, citing “sexual misconduct involving [a] minor,” physical misconduct and emotional misconduct."

From what was said by the victims, it was "statutory rape", "coercing minors into sex acts", and simply "rape".. but ok, they can call it "misconduct"..

I think that because SafeSport is not a law enforcement agency, but rather an industry group it stays away from criminal or legal terms.

 

[skatingguy]

Is the three-year suspension or any part of it retroactive?

Callaghan competed as a Novice at 1961 U.S. Nationals, so I assume that he is now in his seventies and won't come off probation until he is in at least his mid-eighties. I sure hope that he and anyone who works with him are very closely monitored during that probationary period.

Callaghan's suspension by SafeSport dates from March 2018 so that would leave about 15 months left.

 

[skatingguy]

I assume the arbitrator is part of SafeSport. It sure sounded like that in the article. And it's a horrible decision. How much more evidence do they need? I only hope that he won't/can't get back into coaching after his suspension.

ETA:
So then SafeSport is basically useless then? If it goes through an 18-month investigation, issues a decision, and then the accused can simply go to someone else and get it reversed.

This has been an issue in sports for some time now, whether it's lifetime bans for doping, or this ban of Callaghan, there is a right to appeal, and because it's a civil penalty it goes through an arbiter and the lifetime ban gets overturned.

 

[nimi]

(internal screaming)

Dunno what to say, really, so I'm just gonna post links to previous GSD threads in case somebody wants to revisit those...

https://www.fsuniverse.net/forum/threads/callaghan-suspended-over-sexual-abuse-allegations.103588/

https://www.fsuniverse.net/forum/th...an-banned-by-the-center-for-safesport.105900/

 

[Frau Muller]

Huh? This stinks. So now he gets to do 100 hrs of community service, like Tonya? + Three-yr ban.

 

[Carolla5501]

And here we have the real problem with this entire process. We are not letting a law enforcement do the enforcement we’re letting an agency that doesn’t really have that much power. If someone is guilty of child abuse they need to go to jail!!!!

 

[Foolhardy Ham Lint]

Gee, they're kind of shit, I have to say. What kind of message is this organisation sending?

This man is a known predator. I feel so sorry for his victims, especially now. They will have no closure.

 

[thvu]

So Safesport is more or less useless. At least now we have confirmation.

 

[VGThuy]

There are no words. I'm seriously curious about the entire procedure and especially the appellate process and how arbitrators are chosen. Like why did the arbitrator decide three years and community service was a more fitting punishment than a lifetime ban? I want to see "the sentencing guidelines" and I want to know who this arbitrator is.

 

[el henry]

I believe this is the selection criteria for SafeSport arbitrators:

https://77media.blob.core.windows.net/uscss/1488292331992.arbitrator-qualifications.pdf

Unless someone else’s Googling skills exceed mine

 

[insideedgeua]

And here we have the real problem with this entire process. We are not letting a law enforcement do the enforcement we’re letting an agency that doesn’t really have that much power. If someone is guilty of child abuse they need to go to jail!!!!

This is what I’ve never understood. If someone had abused my child, I’d go straight to the police. Let the law deal with it and Safe Sport or US Figure Skating can deal with the coach however they want after that.

Only the law can impose the law.

 

[VGThuy]

Unless I’m missing something, I don’t think anything with the SafeSport process stops law enforcement from doing its job. They serve two different purposes and unlike a lot of laws, SafeSport doesn’t seem have statute of limitations.

 

[wickedwitch]

There's really no words for how disappointing this is. I was under the impression that the evidence was solid, so was it just a judgement call that those actions didn't merit a lifetime ban?

 

[Colonel Green]

And here we have the real problem with this entire process. We are not letting a law enforcement do the enforcement we’re letting an agency that doesn’t really have that much power. If someone is guilty of child abuse they need to go to jail!!!!

SafeSport doesn't preempt law enforcement. It's a sporting regulator. The police are free to investigate and press charges against Callaghan, they simply have not done so.

 

[MacMadame]

This is what I’ve never understood. If someone had abused my child, I’d go straight to the police. Let the law deal with it and Safe Sport or US Figure Skating can deal with the coach however they want after that.

Only the law can impose the law.

But sometimes people do bad things that aren't illegal but are against the rules of that sport. Or maybe the statute of limitations has run out.

There are many reasons to go to SafeSport over the law.

 

[Erin]

and is right. This is one time when I would like to use the angry response to that post (although not angry at the messenger). What a terrible decision by the arbitrator.

In response to the questions about arbitrators, the following was posted by @nimi im the Cipres thread andindicates who the arbitrators are:

10 Takeaways From The USHJA SafeSport Presentation With Michael Henry - The Chronicle of the Horse

www.chronofhorse.com

It sounds like they use a service called JAMS, a mediation and arbitration service, that has a pool of arbitrators.

 

[Debbie S]

9. SafeSport decisions are overwhelmingly upheld in independent arbitration.
Out of over 800 decisions made by the U.S. Center for SafeSport, less than 1% have been overturned in arbitration.

“Reasonable minds can differ,” said Henry. “We use an independent arbitrator. JAMS [the mediation and arbitration service used by the center] has a pool of arbitrators who hear SafeSport matters. We don’t select arbitrators. Everything is conducted externally.