Wednesday, January 25, 2006

Coaches Sidelined for Sexual Misconduct

Two coaches in elite women's sports have recently found themselves shunned for alleged inappropriate sexual conduct and/or sexual harassment.

Tim Nardiello, a coach for the American women's skeleton team, will not be allowed to accompany the team to the Torino Olympics this winter. He was accused of harassing two members of the women's national team, though an arbitrator recently found insufficient evidence to support the claims. Nevertheless, the United States Olympic Committee decided Tuesday that Nardiello will not be allowed to act as a coach at the Torino games, citing a number of violations of the USOC's Coach's Code of Ethics (including, notably, rules prohibiting sex between coaches and athletes).

Similarly, last week, the New York Times reported (registration req'd) that the Women's Tennis Association (the governing body for women's professional tennis) banned Joe Guiliano for life. Guiliano, who had coached various women over the years including Americans Ashley Harkelroad and Tara Snyder (both of whom confirm a history of inappropriate behavior by Guiliano), was banned as a result of a complaint filed by Russian Evgenia Linetskaya after Guiliano allegedly assaulted her when she was competing in a tournament in August in Carlsbad, California.

Harkelroad and Snyder never formally pressed their complaints against Guiliano.

Nardiello's experience shows the powerful repurcussions of such complaints, even when later determined to be unsubstantiated. Should that give athletes (or women/people in general) pause when deciding whether to report suspected inappropriate sexual behavior or sexual harassment?

On the other hand, what role, if any, did Harkelroad and Snyder play in failing to protect subsequent victims of Guiliano? If they had been more proactive in their complaints, could they have saved Linetskaya (and, perhaps, others) from being victimized?

I certainly do not intend to play "blame the victim" here. But, I do mean to probe the difficult issues surrounding whether to report suspected inappropriate sexual behavior or sexual harassment and how such reports should be handled.

2 Comments:

Blogger Professor Prenkert said...

Fair question, Lauren. In both cases, the authorities who imposed the bans claimed to have investigated fully. Nardiello's case went before a judge and an arbitrator for the sport (skeleton), before the olympic coaching issue being decided by the USOC.

Harkelroad's father did notify the WTA of inappropriate activity, but didn't follow up. In the article, he makes some reference to Guiliano having well-connected friends who could harm Harkelroad's career. Snyder seems to have been just happy to get out of the situation and try to leave it behind her. But is that enough? Did she owe something to the subsequent young women Guiliano coached to try to make sure it didn't happen again?

I'm not suggesting the answer here. I certainly understand why Snyder would want to move on and just never seen Guiliano again. If her claims are true, he was a royal creep with whom she surely wouldn't ever want to have contact. But, neither, it seems, would any other young women.

8:49 AM  
Blogger George said...

Is the question whether a victim owes a duty to to other potential future victims to report sexual harassment?

That is a personal ethical question.

Given the mud-dragging and reputation-damaging consequences that may follow for the victim, plus the possiblity (likelihood in today's legal environment?) of employer overreaction harming the harasser more than necessary, it's a tough call.

I'd not blame anyone for bowing out and moving on quietly.

It's another question if the employer should act upon a complaint even if the victim asks no action be taken ("I just wanted you to know")(this happens). The employer does owe a duty to other employees to investigate nonetheless.

These are my thoughts, having litigated many harassment cases and read many more harassment case opinions.

I like what you're doing with this blog, have added it to my lengthy blogroll, and may write a brief post about it at www.employmentblawg.com.

1:38 PM  

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