● From our sister site, TheSportsExaminer.com ●
“ORDERED AND ADJUDGED: a) that the United States Center for SafeSport, Inc., perpetrated a fraud upon the Court, the People of the State of Florida, the Sheriff’s Office, the State’s Attorney Office, and defendant; b) that the United States Center for SafeSport, Inc., intentionally withheld exculpatory evidence; c) that the United States Center for SafeSport, Inc., acted in bad faith, intentionally, and with malice; and d) that the court finds the evidence of fraud, collusion, pretense, and similar wrongdoing to be clear, convincing, intentional, and beyond doubt.”
That direct language came from a Supplemental Order filed on Tuesday, 25 February, by Seminole County (Fla.) Court Judge John Woodard, pertaining to a 2022 case involving one or more Florida female water polo players, with at least one filing a complaint with the U.S. Center for SafeSport and others participating as witnesses.
A Florida prosecution in 2022 concerning the incident was contributed to by a SafeSport investigator, which the Court described as “provided to influence the present case prosecution.”
However, in August 2022:
“the State learned that SafeSport filtered information, attempting to influence the Sheriff’s investigation. The State learned that SafeSport provided an incomplete file, withholding exculpatory information and withholding witness statements potentially favorable to the defendant.”
The Court then asked for production by SafeSport of all materials related to the case in January 2023, which was promptly refused by SafeSport’s counsel. Subsequent requests were made in December 2023 and February 2024, also refused by SafeSport. Requests from the Seminole County Sheriff in March, April and May 2024 were also refused.
The Sheriff then sent criminal subpoenas for the requested evidence in May, July and August 2024, and in September:
“Complaining witness [name withheld at SafeSport request] admitted that she reported the wrong date, wrong time, and wrong location. She admitted that SafeSport knew the information was false. [Name withheld at SafeSport request] admitted her Sheriff sworn affidavit was not accurate and that she had made no attempts to amend those nor speak to the prosecutors to explain her mistakes. The court makes a credibility determination and finds that the SafeSport reports and [name withheld at SafeSport request] reports are unreliable, unbelievable, and false.
“The exculpatory information is and was within the knowledge, custody, and control of SafeSport.
“The exculpatory information is and was within a SafeSport file that was the subject of numerous court orders and properly issued subpoenas.
“The Seminole County Sheriff’s Office, the State’s Attorney Office, and defense counsel went above and beyond any duty, and made every reasonable and good faith effort to obtain the exculpatory material and compliance by SafeSport to no avail.”
That led to this conclusion:
“Therefore, the court finds that it is clear, convincing, and beyond doubt:
“A. That the United States Center for SafeSport, Inc., perpetrated a fraud upon the court, the People of the State of Florida, the Sheriff’s Office, the State’s Attorney Office, and defendant;
“B. That the United States Center for SafeSport, Inc., intentionally withheld exculpatory evidence; and
“C. That the United States Center for SafeSport, Inc., acted in bad faith, intentionally, and with malice.”
It added in its Conclusions of Law (citations omitted):
“The United States Center for SafeSport, Inc., violated defendant’s constitutional right to due process, intentionally withholding exculpatory evidence from the court, the State’s Attorney, and the defendant. Suppression of evidence favorable to an accused violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.
“Here, the court, the State, and the defendant operated in good faith, but was repeatedly blocked for over two years. SafeSport repeatedly and knowingly interfered with the investigation.”
Woodard’s order noted that his Court has authority to impose sanctions, but did not do so in this order, but he closed the underlying criminal case in view of the statements made by witnesses and left only his Order from Tuesday on the record.
¶
SafeSport has been under fire for more than a year and especially in view of the 1 March 2024 report of the Congress’ Commission on the State of the U.S. Olympics and Paralympics, which criticized the lengthy period of investigation and judgement on many cases submitted to it. Two Congressional hearings followed in March 2024, also focusing on SafeSport performance.
A bill introduced last December by U.S. Rep. Deborah Ross (D-North Carolina) and others – H.R. 10326: “Safer Sports for Athletes Act of 2024” – did not progress and has not been re-introduced so far in 2025.
Senator Chuck Grassley (R-Iowa) sent a 10 February letter to SafeSport, asking for details of its hiring procedures in view of the arrest of a former SafeSport investigator for alleged criminal activities undertaken at his prior job as a police officer in Allentown, Pennsylvania.
And the Arizona-based Athletes Equity Resource Center has created a Web site with a running log of actions filed against SafeSport, including Judge Woodard’s order.
All of this continues to be a bad look for the Center for SafeSport, which was created by the Congress in 2017 as a means to get bad actors out of Olympic sport in the U.S., and funded in part by a required $20 million payment each January by the U.S. Olympic & Paralympic Committee.
Judge Woodard’s order now makes SafeSport out as a bad actor – it is also being sued elsewhere – and will only increase pressure for reform within it and the U.S. Olympic Movement.
~ Rich Perelman
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