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NWSL investigation finds San Diego Wave ‘could have done more' to address assault allegation
NWSL investigation finds San Diego Wave ‘could have done more' to address assault allegation

The Guardian

time24-07-2025

  • Sport
  • The Guardian

NWSL investigation finds San Diego Wave ‘could have done more' to address assault allegation

An investigation commissioned by the National Women's Soccer League found that the San Diego Wave front office 'could have done more' to address a sexual assault allegation from a member of the club's staff, but ultimately found no specific issue with how the claim was handled because the alleged victim did not use the term 'sexual' when describing her experience. The finding is contained in a report summarizing the investigation, which had not previously been made public but was obtained by the Guardian US. The investigation, conducted by Connecticut-based law firm Finn, Dixon, and Herling, also looked at how the team's front office handled several other workplace complaints. Its conclusions exemplify some of the bureaucratic and legal obstacles many employees face when attempting to report sexual assault in the workplace. These can include systemic ineffective reporting mechanisms and procedural complexities while individuals can experience retraumatization, minimization, subsequent poor workplace performance, and isolation. Although not stated in the report, the investigation shows how the club lacked an accepted trauma-informed response to investigating or receiving complaints of sexual assault. San Diego Wave made their NWSL debut in 2022 with an all-star cast that included former US women's national team head coach Jill Ellis as president, former England international Casey Stoney as coach, and star forward Alex Morgan on the field. Off the field, however, things were not so stellar. The investigation found that a senior Wave staff member reported to her manager in October 2023 that she had been 'traumatized' by a male co-worker. She also stated at that time she did not want lawyers, San Diego Wave, or NWSL to pursue an investigation into any events that had been responsible for that trauma. During a subsequent meeting with a Wave human resources manager the woman did not identify the co-worker who allegedly assaulted her, did not reveal details of the alleged 'traumatization', and did not explicitly describe sexual assault or sexual misconduct. The woman who made the allegations was subsequently fired by San Diego Wave after her work performance declined and was told by the club to make a worker's compensation claim when more details of the assault became known to the club after her departure. The Guardian understands the NWSL investigation was triggered after reports were received from San Diego Wave employees via an anonymous tip line – a response that is in line with league policy. The NWSL commissioned the investigation to determine whether a report of sexual assault was ignored by Wave management and whether any of the club's potential inaction had broken the NWSL Policy to Prevent and Eliminate Workplace Discrimination, Harassment, and Bullying – not to investigate any actual claims themselves. According to the investigation, the Wave did not fail to respond to a report of a sexual assault but 'the Wave could have done more to press the complainant for more information' on the circumstances behind it. It is understood that the investigators suggested to at least one of the women they interviewed to consider pursuing other avenues for their complaints if they were dissatisfied with the investigation's conclusions In October 2024, almost six months after the completion of the investigation, five former San Diego Wave employees filed a lawsuit against both the NWSL and San Diego Wave. Later that month, 'Jane Doe 2' joined the suit with allegations of sexual harassment by the same Wave staffer accused of sexual assault. That ongoing suit contains multiple allegations related to the historic working environment at San Diego Wave in addition to the sexual assault and sexual harassment claims. The plaintiffs include Brittany Alvarado, a former videographer for San Diego Wave, who made headlines in 2024 when she posted on social media that the 'NWSL must take immediate action to remove Jill Ellis from both the San Diego Wave and the league entirely.' Ellis was Wave president at the time and had a hands-on role in managing the club. Ellis has since departed San Diego to take a senior role at Fifa as its chief football officer. Ellis is not a defendant in the lawsuit but is referenced on multiple occasions within the filing. She has separately filed a defamation lawsuit against Alvarado for the social media post made in 2024. Sign up to Moving the Goalposts No topic is too small or too big for us to cover as we deliver a twice-weekly roundup of the wonderful world of women's football after newsletter promotion 'Jane Doe 1' is described in the suit as having held a senior management position with San Diego Wave with extensive experience in the sports industry. The suit alleges that a co-worker invited Jane Doe 1, who had recently moved to San Diego to work for the Wave, for a night out in the city that led to 'inappropriate activities including a game of 'Sexy Jenga' that led to him pressuring her into non-consensual sexual acts'. Jane Doe 1 alleges that later at her apartment, while she was drunk, she was pressured into 'sexual activity that she explicitly stated she did not consent to' that resulted in 'significant injury'. Jane Doe 1 describes a subsequent 'hostile work environment' and criticism from her manager that ultimately led to her termination by Wave in late 2023. After her departure, Jane Doe 1 alleges she asked the club how to report an assault and was told to complete a workers' compensation form. 'Jane Doe 2' alleges she was sexually harassed by the same San Diego Wave employee. She worked part-time with shifts scheduled by the employee who sent her non-work related messages via Snapchat, according to the claim. Jane Doe 2 informed the employee she was not interested in him romantically but the messages became increasingly sexual in nature including an unsolicited image of his penis, according to the lawsuit. Jane Doe 2 claims she was then scheduled for fewer work shifts by the Wave employee to a point where she was not rehired by San Diego Wave because she had not met the minimum shift requirements set by the club. In July 2024, Jane Doe 2 met socially with a Wave employee who told her that her experience was not unique and encouraged her to speak with Wave. The employee accused of assault and harassment has since left the club. San Diego Wave gained new owners in 2024 and while some staff from the period described in the lawsuit have left the organization several remain. Ellis' defamation lawsuit against Alvarado is set to be heard later this year. The NWSL did not respond to specific questions regarding the San Diego Wave investigation but a league spokesperson said in an emailed statement to the Guardian that: 'The safety, health, and well-being of everyone associated with the NWSL is our highest priority. We take serious [sic] any and every report of potential misconduct, hire qualified independent investigators to review those allegations thoroughly, and act when allegations are supported by the facts uncovered. We will not comment specifically about an active legal matter.' That statement has been previously issued to other media organizations that have requested comment on the issue over the past year. Finn, Dixon, and Herling did not respond to a request for comment on the investigation. San Diego Wave did not respond to multiple requests for comment.

Former staffer 'offended' after PM says Dorinda Cox complaints 'dealt with'
Former staffer 'offended' after PM says Dorinda Cox complaints 'dealt with'

ABC News

time03-06-2025

  • General
  • ABC News

Former staffer 'offended' after PM says Dorinda Cox complaints 'dealt with'

One of Dorinda Cox's former staff says workplace complaints against the senator remain unresolved and she is "deeply surprised" and "offended" the prime minister said they had been "dealt with appropriately" after welcoming her into Labor ranks. The WA senator, who last year faced bullying allegations from staff, quit the Greens to join the government in a shock move announced alongside Anthony Albanese in Perth on Monday. Esther Montgomery, who worked for the Greens senator for six weeks in 2024, said staff including her felt their complaints to the Parliamentary Workplace Support Service (PWSS) were "unfinished". "The problem with PWSS is they actually have no powers," Ms Montgomery said. "All they can do is make recommendations, that's the problem." The PWSS told the ABC it was unable to provide information on the matter, but Mr Albanese has repeatedly insisted the complaints had been examined and were in the past. "Those issues were dealt with appropriately," he said on Monday. "My government has established very clear guidelines, meaning that any issues relating to workplaces and making sure that workplaces are safe are properly examined. "They were all dealt with in Senator Cox's case and dealt with appropriately." He again on Tuesday said the complaints "got dealt with by the mechanism that my government established". While Ms Montgomery would not detail her complaint against the senator, she said her time in the office left her traumatised and she was speaking with a group of former colleagues who were considering further action. "We have had no option but to form a group of ex-staffers and go down the legal road," she said. The ABC contacted Senator Cox for comment. Last year, Nine Newspapers reported 20 staff had left Senator Cox's office in three years, including some who lodged bullying complaints. In response, the senator issued an apology for the distress caused, citing "challenging conditions both politically and personally," while also criticising the story, saying it was "missing context". "There have been many challenges during my first three years in office including the COVID epidemic, taking on the First Nations portfolio alongside the Voice Referendum, and leading many significant committee inquiries," she said in a statement in October. "As the employer, I take responsibility for any shortcomings in what has occurred during this period and I apologise for the distress this may have caused. "There are parts of the reporting that reflect staff grievances that were not presented to me, or that were assessed and not progressed by the independent Parliamentary Workplace Support Service," she said. Separate to that, an internal party investigation into the senator has not yet been completed. One WA Greens insider told the ABC they believed she was worried about getting pre-selected because of the bullying allegations and that contributed to her exit. Several sources also said she was frustrated she was not elected as the party's deputy or deputy whip when they decided on new leadership last month. The ABC has been told the "Blak Greens" network within the Greens did not support Senator Cox in her deputy leader ambitions. First Nations West Australians also expressed disappointment with Senator Cox's representation of the Indigenous community. That includes Raelene Cooper, an indigenous elder who led the opposition against the North West Gas Shelf project and said Senator Cox had quickly walked away from the criticism she made while in the Greens. "Does Senator Cox still believe that the government she's just joined is colluding with the gas industry, like she claimed while standing next to me at a press conference in Canberra last year?" she said. "As an Aboriginal woman of this country, it's hypocritical and it's shameful. "The senator did nothing for us grassroots people over here in Western Australia. "Absolutely nothing." In a statement on Tuesday, Ms Cox's former Greens colleague Lidia Thorpe noted she had been "working hard" on the party's Truth and Justice Commission Bill, but nonetheless criticised her defection because she would be "expected to fall in line" with Labor. Labor MPs have welcomed the senator's defection, despite many in the ranks questioning Fatima Payman's position in parliament when she left Labor to join the cross bench last year. Senator Payman addressed the comparison on Tuesday, hitting out at the prime minister. "Look, some people may call the prime minister hypocritical," she said. "That being said, I'm just glad that Senator Cox hasn't had to deal with all the name-calling and the smear campaign that I had to deal with." Her comments came after senior Labor ministers said in July they would not stay in parliament if they quit the party.

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