Mark Walker, the former CEO and head coach at Excel Aquatics in Nashville, Tennessee, has been added to USA Swimming’s public list of Individuals Permanently Suspended or Ineligible.
His ban date, first published on Monday, is back-dated to March 12th, 2015, and comes after two separate appeals that stretched the banning process to more than two years. Walker first appealed via USA Swimming’s appeals process and then filed a claim with the American Arbitration Association.
In January of 2014, two adult men approached police saying that Walker abused them when they were young swimmers according to local news WSMV.
USA Swimming says that over the last two decades, the accusers shared the claims of abuse to their partners, spouses, parents, siblings, a therapist, and local law enforcement.
Walker’s attorney claims that USA Swimming treated his client unfairly and blocked him from presenting the testimony of 7 witnesses who he says would rebut the allegations.
Because the statute of limitations had passed from the time the alleged crimes took place until they were reported, he never faced criminal charges. Excel Aquatics terminated his employment in 2014.
Sections of the Code of Conduct violated:
Code of conduct 1986-1994, 401.1 GENERAL – As herein set forth, the Corporation may censure, suspend for a definite or indefinite period of time with or without terms of probation, or expel any member of the Corporation, including any athlete, coach, manager, official, member of any committee, or any person participating in any capacity whatsoever in the affairs of the Corporation, who has violated any of its rules or regulations, or who aids, abets, and encourages another to violate any of its rules or regulations, or who has acted in a manner which brings disrepute upon the Corporation or upon the sport of swimming. The Corporation may also conduct hearings on any matter affecting the Corporation as the national governing body for swimming.
Code of conduct 2014-present 304.3.8 A. Any inappropriate sexual conduct or advance, or other inappropriate oral, written, visual, or physical conduct of a sexual nature at any time, past or present, directed towards an athlete or any person under the age of eighteen (18) by (i) a coach member or other non-athlete member, or (ii) any other adult participating in any capacity whatsoever in the activities of USA Swimming (whether such adult is a member or not).
B. Any act of sexual harassment, including without limitation unwelcome sexual advances, requests for sexual favors, and other inappropriate oral, written, visual, or physical conduct of a sexual nature in connection with or incidental to a USA Swimming-related activity by any person participating in the affairs or activities of USA Swimming (whether such person is a member or not) directed toward any member or other person participating in the affairs or activities of USA Swimming.
C. A romantic or sexual relationship, even if it is a consensual relationship between adults, which began during the swimming relationship, between athletes and those individuals (i) having direct
supervisory or evaluative control, or (ii) who are in a position of power and trust over the athlete. Except in circumstances where no imbalance of power exists, coaches have this direct supervisory or evaluative control and are in a position of power and trust over those athletes they coach. The prohibition on romantic or sexual relationships does not include those relationships where it
can be demonstrated that there is no imbalance of power. For example, this prohibition does not apply to a relationship between two spouses or life partners which existed prior to the swimming relationship. For factors that may be relevant to determining whether an imbalance of power exists, consult the USOC’s Safe Sport Policies at www.teamusa.org/Footer/Legal/Governance-Documents.
D. Any peer-to-peer sexual abuse. For the purposes of the Code of Conduct, the term “peer-to-peer sexual abuse” shall mean any unwelcome physical conduct of a sexual nature directed towards a minor athlete by another minor athlete.
Code of Conduct 2014-present 304.3.19 Any other material and intentional act, conduct or omission not provided for above, which is detrimental to the image or reputation of USA Swimming, a LSC or the sport of swimming.