SwimSwam has obtained a copy of the Summons and Complaint filed by representation of Dia Rianda in California against the Golden West Swim Club, Mark Schubert, et al.
The case specifically seeks damages in excess of $25,000 for charges of “Wrongful Termination in Violation of Public Policy,” “Breach of Contract,” and “Retaliation.”
The records go into all of the details previously reported, with some new information. It alleges that it was Schubert who first leaked the information to Washington Post reporter Amy Shipley in 2010 about possible sexual misconduct by Sean Hutchison, who was then a coach at the USA Swimming-sponsored Center of Excellence at FAST. Hutchison was cleared of any wrongdoing by USA Swimming, but the complaint claims that this was a warning-shot of sorts to earn a larger settlement for Schubert after he was removed from his position as National Team Director.
The way that the Plaintiff, Ria nda, plays into this is that during the separation, so-to-speak, Schubert and his wife became close to her and confided in her knowledge of sexual abuse – including specifically of Curl Burke founder and legendary swim coach Rick Curl – who is currently under investigation. Curl’s has been accused of having an inappropriate relationship with a swimmer in the 1980’s; that swimmer, Kelly Currin, is also represented by Bob Allard, attorney for Rianda.
According to the complaint, when asked why he didn’t report Curl to USA Swimming, Schubert’s response was:
“It was too late, the statute of limitations had run out, I didn’t know what to do, but I told Chuck Wielgus[Executive Director in late 2010 of USA Swimming]. I asked him what he was going to do about Rick Curl.” Plaintiff then pleaded with Schubert to do the right thing and report it to law enforcement immediately. With resignation, Schubert responded, “I tried, but they [USASwimming and Chuck Wielgus] wouldn’t listen.”
Rianda then says that she was asked by Schubert to move to Southern California, where he had become involved with the Golden West Swim Club, and eventually was given a formal position there (with what seems to be oral agreements for employment).
Then, when Jewell, who was the head of FAST when the Hutchison situation occured, came to the Golden West Swim Club as the “Assistant Senior Elite Coach,” (now listed on the team’s website as just a volunteer), Rianda claims to have witnessed more inappropriate behaviors from him.
a) The physical touching of the young female swimmers in an inappropriate (if not unlawful) manner;
b) Providing physical “massages” on young female swimmers while they sat poolside between his legs;
c) Allowing young female swimmers to sit on his lap;
d) Improper sexual innuendo directed at his young swimmers;
e) Constant use of profanity;
f) Meeting alone with his female swimmers.
Rianda then claims to have brought the behavior to Schubert’s attention, nd have been largely ignored. The behavior continued, including allegations of Jewell giving rides to swimmers in violation of USA Swimming and Golden West Swim Club’s rules, and Jewell then stopped working with the Golden West Swim Club and began working strictly with college swimmers from January, 2012 through April, 2012.
The narrative continues into a complicated back-and-forth where there was mis-representations over the status of a USA Swimming investigation into Jewell’s time at FAST, and shifting of Jewell’s status with the club.
Other accusations include that Jewell asked a swimmer to impersonate another on a relay, and that Schubert ignored reports of one of his underage swimmers drinking during the Olympic Trials in Omaha.
The crux of the issue comes in part 57 of the narrative, where the plaintiff says that Schubert formally terminated her employment with the Golden West Swim Club:
57. On or about July 11, 2012, Schubeli formally terminated plaintiffs employment with GWSC. Schubert’s only explanation for terminating plaintiff was the suggestion that, “I am not happy and you are not happy, it is time for you to leave.”