By Kacie Kergides
In May 2018, former Olympic swimmer Ariana Kukors Smith filed a lawsuit in the Superior Court of Orange County, California against USA Swimming and former Olympic assistant coach Sean Hutchinson. Smith alleges that Hutchinson began grooming her for sexual abuse when she was 13 years old. According to the lawsuit, Hutchinson began touching and molesting Smith when she was 15, and when she was 17, he began engaging in sexual activity with her and taking nude pictures of her. The sexual conduct took place on the pool deck at multiple meets, in his hotel rooms, and at various training sessions.
In addition, Aquatic Management Group, Inc, Western Zone Swimming, King Aquatic Club, Pacific Northwest Swimming, and Mark Schubert, former USA Swimming National Team head coach, were named as defendants. Aquatic Management Group managed the pool where Hutchinson first engaged in grooming tactics with Smith. Western Zone Swimming is the regional governing body for competitive swimming, and Pacific Northwest Swimming is the local governing body on behalf of USA Swimming. King Aquatic Club is a member club of USA Swimming and the swim team on which Smith was a member. Mark Schubert was the national team head coach for USA Swimming from June 2006 until November 2010.
Smith is seeking damages for sexual abuse of a minor, negligence, and intentional infliction of emotional distress.
Allegations and Investigations
Due to the public displays and interactions at swim meets and the rumors of the relationship between Hutchinson and Smith, the lawsuit accuses USA Swimming and Schubert of knowing about the inappropriate relationship between Hutchinson and Smith in 2006. However, it wasn’t until 2010, according to the lawsuit, that Schubert expressly reported the relationship to USA Swimming, and in response, the organization undertook its own investigation.
This investigation, the lawsuit claims, was conducted by a woman who had no specialized training in childhood sexual abuse. In addition, this woman was previously involved in sexual relationships with Hutchinson and at least one other swim coach, and she was later fired for failing to disclose this conflict of interest, the complaint said. Smith alleges that USA Swimming made false and misleading claims to conclude in their investigation that Hutchinson did not engage in an inappropriate relationship with a minor.
Smith claims that USA Swimming conducted its own investigation without reporting the allegations to the authorities as another way of covering up and protecting Hutchinson. According to the lawsuit, USA Swimming first protected Hutchinson through the manipulation of the background check process so that rumors from his prior employers about his sexual tendencies towards minors would not be found. Smith argues that USA Swimming looked the other way and covered up for Hutchinson because he produced Olympic-level swimmers.
Smith alleges that USA Swimming’s administrators, board members, or employees are mandated reporters under the Child Abuse and Neglect Reporting Act, and thus by not reporting the relationship to the proper authorities, they “acted with reckless disregard of the probability that plaintiff would suffer emotional distress.” Under the California Penal Code, as mandated reporters, they are required by law to report to a police or sheriff’s department immediately when he or she has knowledge, observes, or reasonably believes a child has been the victim of child abuse. Cal. Penal Code § 11166(a)
Potential Damages
Smith is seeking damages for pain and suffering, lost earning capacity, past and future medical expenses, and attorneys’ fees. In addition, by arguing that Hutchinson’s actions and USA Swimming’s actions of disregarding the inappropriate relationship were malicious, intentional, and oppressive, Smith seeks punitive damages. If Smith prevails, these damages will need to be calculated and determined.
Resemblance to USA Gymnastics
This case arises just months after the USA Gymnastics sex abuse scandal involving team doctor Larry Nassar, and because of that, USA Swimming must treat this case with high diligence and importance. Both organizations allegedly knew of the abusive activity, but yet did nothing to report it.1 This case is another instance in which a national governing body failed to protect its athletes, and if USA Swimming wants to avoid the ramifications USA Gymnastics faced, it should “do whatever it takes to clean house within their organization.”2 If it fails to do that, the United States Olympic Committee might step in and do it themselves, just as they did when they asked the entire Board of Directors for USA Gymnastics to resign.3
Conclusion
Smith is alleging that USA Swimming knew that an abusive and inappropriate relationship was occurring between her and Hutchinson, yet did not report it and did nothing to stop it. If these allegations are found to be true, it could lead to substantial changes within USA Swimming, and this might be another instance in which the United States Olympic Committee needs to step in and take control. It is becoming clear that these national governing bodies need to implement extensive systems in order to better detect and report this type of behavior.
Ariana Smith v. United States Swimming, Inc., 2018 WL 2316976 (May 21, 2018); Superior Court of Cal., Orange County; Case No. 30-2018-00993915=CU-PN-CJC
Kacie Kergides is a rising third-year law student at Villanova University Charles Widger School of Law, where she is a Student Works Editor of the Villanova Law Review. She is currently working as a summer associate at Montgomery McCracken Walker & Rhoads during the summer of 2018. Previously, she served as a legal intern for the NBA Coaches Association.
1. Carson J. Phillips, Media and U.S. Olympic Committee must treat swimming sex abuse scandal with same importance as Larry Nassar case, Daily News (Feb. 9, 2018, 7:30 AM), http://www.nydailynews.com/sports/give-swim-sex-abuse-scandal-attention-nassar-case-article-1.3808892
2. Carson J. Phillips, Media and U.S. Olympic Committee must treat swimming sex abuse scandal with same importance as Larry Nassar case, Daily News (Feb. 9, 2018, 7:30 AM), http://www.nydailynews.com/sports/give-swim-sex-abuse-scandal-attention-nassar-case-article-1.3808892
3. Pete Blackburn, USOC: Entire USA Gymnatics board must resign over Larry Nassar sex abuse scandal, CBS Sports (Jan. 24, 2018), https://www.cbssports.com/olympics/news/usoc-entire-usa-gymnastics-board-must-resign-over-larry-nassar-sex-abuse-scandal/
