Wednesday, August 01, 2012

Coach Rick Curl actually games the USA Swimming process and is now only provisionally suspended rather than banned for life!

I might end up in court over this leak - I believe the Washington Post is going to do a more thorough story on it soon enough: Coach Rick Curl was on the fast track for an emergency USA Swimming hearing on whether to ban him for life once it became known that he had repeatedly sexually abused a 13-year-old swimmer whom he was coaching. USA Swimming has the documents validating this according to reports.

Suddenly, Rick Curl says that he will waive "his right" for an emergency hearing and would accept a provisional suspension till a National Board of Review can be held in September.

So why is it that USA Swimming is allowing, Rick Curl, who signed his name to a civil document; (according to the Washington Post), and who has admitted in that civil document therein to having an inappropriate relationship with a girl who was barely into puberty allowed to remain a suspended USA Swimming Coach? Why not just validate the agreement was endorsed by the court and throw him out? Why does he get to postponed or delete an emergency hearing off the calender just by saying "suspend me"?



Anonymous said...

The purpose of the emergency hearing is to ask the panel to suspend the accused person pending a hearing before the full National Board of Review. So, instead Curl agreed to the suspension - therefore the hearing was not required. The full National Board of Review hearing in September will be where he can be permanently banned.

Tony Austin said...

That was the purpose of the hearing to simply to ask a panel if he should be suspended?

Of course he should be removed.

Respectfully, he should have been suspended as soon as the envelope was opened and the both the evidence therein and the individual's signature was verified with by the court that accepted it.

Suggestion: No hearing, no panel, but rather a simple declaration, "you're banned, you're voted off the island," but we will let you appeal at our convenience!

Look, you guys almost have it right but you are failing at the front end of the process. It's the the point when you suddenly get some really bad news and you sort of over promise on speed of delivery.

Tony Austin said...

I edited the post requesting they see your anon comment.

Anonymous said...

The law requires the accused to receive notice and a chance to defend themselves.

Your suggestion "you're banned, you're voted off the island", is devasating when you're on the receiving end.

Think of the emergency hearing as a bail hearing. If the accused would rather sit in jail - there is no point for a bail hearing. The accused would then get their day in court.

Curl took the suspension, no need for an emergency hearing, and now will get his day in court (hearing).

Tony Austin said...

Ok fair enough, and I was schooled somewhat offline. Here is how it is suppose to work.

"... USA Swimming is making up its own rules as it goes along. And once again, USA Swimming may be attempting to dupe us all into thinking that proper protocol was followed.

The decision made by USA Swimming to suspend Mr. Curl’s hearing is a cop out. In accordance with USA Swimming’s own rules and regulations, following through with the hearing was mandatory.

With regard to Mr. Curl, an “emergency hearing” was set, thus triggering application of section 405.4, which provides if a hearing is ordered, the National Board of Review (NBOR) “shall conduct the hearing” and publish its results within 21 days. Even though the NBOR here had no discretion but to conduct a hearing, one was not conducted.

Background: The current rule governing matters which are sent on the Board of Review after investigation is codified in Section 405.3, which provides as follows:

DISPOSITION AFTER INVESTIGATION—after the initial investigation has been completed, the Executive Director may decide to initiate a complain in the name of USA Swimming by filing the complaint with the Chair of the National Board of Review and requesting that a hearing on the complaint be conducted. The Executive Director may also seek an emergency hearing as set forth in 405.4 below. If the Executive Director does not decide to initiate a complaint in the name of USA Swimming, then the Executive Director may (1) cause further investigation to be conducted into the alleged violations (2) seek to mediate the complaint or (3) advise the complaining party that while USA Swimming will not initiate a complaint in its own name, the complaining party may still file his/her complaint directly with the Chair of the National Board of Review. If the complaining party chooses to go forward with the complaint, the Chair of the National Board of Review may then decide to either assign the matter for hearing or dismiss the complaint. ..."

USA Swimming is definitely not 'lilly white" in regards to execution.

In this case the matter was set for hearing thus requiring publication of results within 21 days. There is no provision for Mr. Curl to call the shots, ask for and receive a delay in justice. The losers in all of this, of course, are past and future victims of sexual abuse. History tragically has a way of repeating itself at USA Swimming. This is yet another example of why things will never change unless USA Swimming’s leaders have been removed from office

Anonymous said...

Section 405.4 Emergency Hearing

After the initial investigation has been completed and upon the request of the Executive Director in accordance with 405.3, the Chair of the National Board of Review may order an emergency hearing before the National Board of Review to determine if the member should be suspended pending the outcome of a full hearing before the National Board of Review. If an emergency hearing is ordered, the National Board of Review shall conduct the hearing and publish its results with 21 days.

The result was suspension (choices were to suspend or not to suspend prior to a full hearing).

The point of emergency hearings is to minimize damages to the affected parties (athletes, coaches, officials, etc.) before a full hearing can be held.

Curl didn't call the shots - he accepted the maximum punishment that the emergency hearing could have levied on him. SUSPENSION!

Tony Austin said...

I suspect you are with USA Swimming - my take is that the rule states you have to have the hearing because the rules say you do. I presume this is so that there is a running record of what happened for future reference.

If Curl was willing to accept the end result or the suspension, it would have been nice to see an official acknowledgement as to why he did or what the hearing found out.

Anonymous said...

It would have been nice to see an "official acknowledgement" -- like the statement USA Swimming gave on the matter and that Washington Post among other outlets used?

"Prominent D.C. area swim coach Rick Curl voluntarily accepted a provisional suspension from USA Swimming on Wednesday, a spokesman for the organization said.

Curl, who faces charges that he sexually molested a teen girl under his tutelage at the Curl-Burke Swim Club more than 25 years ago, waived his right to the emergency hearing scheduled for Wednesday night, according to the spokeswoman, Jamie Fabos Olsen.

Curl did not admit guilt and retained the right to contest USA Swimming’s request for a lifetime ban from the sport, she said. He is scheduled to face a full hearing before USA Swimming’s board of review Sept. 19"

Tony, seriously you need to do actual research before you post your opinions on things.

Tony Austin said...

I did research and I suspect you are an internet troll from a particular Laguna Hills law office.

I read the rule. Once a hearing is scheduled it can't be "turned off" if the person simply agrees to a provisional outcome. The hearing has to take place and it will come out in court that it was suppose to take place.
to repeat:

An emergency hearing” was set, thus triggering application of section 405.4, which provides if a hearing is ordered, the National Board of Review (NBOR) “shall conduct the hearing” and publish its results within 21 days. Even though the NBOR here had no discretion but to conduct a hearing, one was not conducted.

One was not conducted per the rule!

Tony Austin said...

Thanks for the inspiration, I am doing a new post of Rick Curl

Tony Austin said...

There! A new post has been made and I published the 405.4 rule and even link to the rule at the USA Swimming website. THe post also includes an article from WBAL which gives a brief transcript of the testimony Chuck Weilgus gave in a deposition whereas he answers or avoids answering questions about Rick Curl.