Day: February 11, 2022

Nanaimo coaches under investigation by BC Hockey League win injunction to resume duties

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February 11, 2022

CHEK NEWS

Two Nanaimo Clippers coaches suspended amid an investigation by the BC Hockey League can resume their duties after a B.C. Supreme Court judge granted them a temporary injunction.

Clippers head coach and general manager Darren Naylor and associate coach Colin Birkas were placed on temporary administrative leave as the league reviewed “allegations of Code of Conduct breaches,” according to a Feb. 7 email from the BCHL addressed to Clippers players.

The league said it has appointed an independent investigator to review the unspecified allegations.

“At this time, the allegations are allegations only; no findings have been made against the Coaches,” the BCHL said, calling the suspensions “regrettable” for the effect they would have on players during the season.

A notice of civil claim was filed in response by Clippers Hockey Limited Partnership, Naylor and Birkas, arguing that the league acted “erroneously and in a high-handed manner” in issuing the suspensions when no allegations have been proven, irreparably damaging the coaches’ reputations and putting the team’s season in jeopardy because there are no alternate coaches to take over.

The lawsuit indicates that the Nanaimo Clippers organization conducted its own internal investigation into the allegations after being alerted to the BCHL investigation at the start of the season in October 2021 and found no wrongdoing.

“The investigation of the Clippers found no wrongdoings by the coaches and the results of the investigation were provided to the BCHL,” it reads.

The coaches and team argued that the complainants who first brought forward the allegations were mostly disgruntled former employees and former billet parents “who have significant motivation to lie, exaggerate and attack without evidence in support as they had a falling out with the coaches before leaving the Clippers organizations.”

On Thursday, a B.C. Supreme Court judge issued a temporary injunction restraining the BCHL from suspending Naylor and Birkas until Feb. 18, at which point they can apply to extend the injunction.

The suit also seeks damages associated with loss of revenue due to the suspension as well as reputational harm.

It also asks for a declaration that the BCHL must produce the complainants’ written submissions to the league and that the BCHL investigators who issued the suspension be fired and a new independent investigator be appointed.

The BCHL issued a statement on investigation Friday evening, confirming it has been conducting and independent investigation of Naylor and Birkas and that the coaches were placed on leave pending its conclusion.

“The administrative leaves were precautionary and procedural as no determinations have been made at this time,” the league said in a statement, adding it would be applying to have the judge’s injunction set aside.

“As the investigation is ongoing, and as the allegations against the coaches have not been proven, the BCHL will not be commenting further at this time,” it said.

A spokesman for the Nanaimo Clippers had no comment on the suspensions when contacted.

Source: CHEK NEWS

U.S. Center for SafeSport reports USA Hockey to Congress for potential interference in investigation: Sources

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By Katie Strang The Athletic

February 11, 2022

U.S. Senator Chuck Grassley sent a letter Friday to USA Hockey concerning the national governing body’s “cooperation” and “compliance” with the U.S. Center for SafeSport’s policies and investigations. The U.S. Center for SafeSport investigates claims of sexual misconduct within the U.S. Olympic & Paralympic Committee’s purview.

In the letter, addressed to USA Hockey executive director Pat Kelleher and president Mike Trimboli, Grassley (R-Iowa), the ranking member of the Senate Judiciary Committee, reminded USA Hockey of their legal obligations under the Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020, which requires national governing bodies to protect athletes from sexual abuse; under the law, NGBs also have the duty to immediately report any “reasonable suspicion” of child abuse to both law enforcement and the Center.

“As the Nassar case exemplifies, inaction may lead to many more victims being harmed, which would be intolerable,” Grassley wrote, referencing the case of Larry Nassar, who sexually abused hundreds of young female gymnasts.

The law referenced by Grassley requires the U.S. Center for SafeSport to report to Congress within 72 hours “any attempt to interfere in or influence the outcome of an investigation” by a national governing body. The U.S. Center for SafeSport reported USA Hockey earlier this week, multiple sources confirmed to The Athletic.

It is not immediately clear the nature of the investigation being conducted by the U.S. Center for SafeSport. A spokesperson for the Center declined to comment on the investigation, citing the Center’s policy for ongoing probes. USA Hockey was not immediately available for comment.

Previously, the U.S. Center for Safesport reported to Congress that USA Badminton had potentially run afoul of the law based on allegations that it was discouraging reporting of sexual misconduct, encouraging concealment and destruction evidence on the subject and refusing to cooperate with the Center’s investigation, according to a letter published by Grassley’s office in October 2021.

In that case, Grassley’s office warned USA Badminton officials of its legal obligations and also advised that Grassley had alerted the Federal Bureau of Investigation about the concerns.

USA Hockey has come under scrutiny for how it handled allegations of sexual misconduct. Former USA Hockey president Jim Smith was investigated by the U.S. Center for SafeSport because of allegations he mishandled claims of sexual abuse involving former prominent Chicago-area youth and college hockey coach Thomas “Chico” Adrahtas. The matter was closed by SafeSport, but Smith later announced he would not seek re-election, referencing these allegations and telling members of the need to be “totally united as we move forward.”

USA Hockey is a co-defendant in a May 2021 federal lawsuit brought by victims of Adrahtas. The complaint alleges that Smith and others within USA Hockey and AHAI (Illinois’ amateur hockey state governing body) were told about the coach’s sexual misconduct and did not report the allegations to law enforcement or investigate the matter. USA Hockey filed a motion to dismiss the lawsuit in September, asking the court to dismiss the complaint for failure to state a claim.

(Photo: Bruce Bennett / Getty Images)