Here is the WSJ Article along with the comments (if they copied the way I intended)... I have always like the WSJ "Comments" section because you have to use your account name to post.
USA Gymnastics, McKayla Maroney Had Confidentiality Agreement to Resolve Abuse Claims
A new lawsuit brought by Maroney casts a harsh light on the U.S. Olympic leadership, alleging that officials put a premium on secrecy that came at the expense of athletes
McKayla Maroney competes on uneven bars in 2012. PHOTO: AGENCE FRANCE-PRESSE/GETTY IMAGES
By
Rebecca Davis O’Brien
Updated Dec. 20, 2017 1:18 p.m. ET
32 COMMENTS
Olympic gold-medal-winning gymnast McKayla Maroney signed a confidential $1.25 million settlement agreement with USA Gymnastics in December 2016 to resolve claims related to
her alleged yearslong sexual abuse by the national team’s longtime doctor, Larry Nassar.
The existence of the settlement, the terms of which were described to The Wall Street Journal by a person familiar with the settlement, was revealed in a lawsuit filed by Maroney Wednesday in Los Angeles Superior Court, seeking damages from the U.S. Olympic Committee and Michigan State University, where Nassar worked for decades, on the grounds of negligence, sexual harassment and other civil claims.
The lawsuit also names USA Gymnastics as a defendant and seeks to invalidate parts of Maroney’s settlement, claiming the agreement’s nondisclosure and non-disparagement clauses are illegal.
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The lawsuit, brought by one of the most celebrated and recognizable Olympians of the modern era, casts a harsh light on the U.S. Olympic leadership, alleging that officials put a premium on secrecy that came at the expense of athletes. And the settlement brings into sharp relief the potential exposure USA Gymnastics faces, placing a price tag on abuse that could reshape the embattled governing body as it strives to recover from the scandal.
It isn’t known if USA Gymnastics paid settlements to any other alleged victims of Nassar, who has been accused by scores of girls and women—including two of Maroney’s former Olympic teammates—of sexually abusing them under the pretense of providing medical care. Nassar pleaded guilty in July to federal child-pornography charges and was sentenced earlier this month to
60 years in prison. He also pleaded guilty to first-degree state sexual-abuse charges.
In a statement Wednesday, USA Gymnastics said the settlement’s confidentiality was Allred’s request. “In 2016, McKayla’s attorney at the time, Gloria Allred, approached USA Gymnastics, requesting that the organization participate in a confidential mediation process,” a spokeswoman wrote. “USA Gymnastics cannot speak to the mediation process, which is confidential and privileged under California law.”
The organization said the settlement followed California law. “Although USA Gymnastics is disappointed by today’s filing, we applaud McKayla and others who speak up against abusive behavior—including the despicable acts of Larry Nassar.” Neither Allred nor Maroney’s lawyer John Manly immediately responded to a request for comment on the statement.
Maroney’s lawsuit alleges that the U.S. Olympic Committee knew in the summer of 2015 that USA Gymnastics was forcing Nassar out because of allegations of sexual molestation, but concealed that knowledge, including in testimony before the U.S. Senate.
On Wednesday, Mark Jones, a spokesman for the U.S. Olympic Committee confirmed the organization first learned of the allegations against “a USA Gymnastics physician” in summer 2015, after receiving word from USA Gymnastics. “At that time USA Gymnastics indicated that they were in the process of contacting the appropriate law enforcement agencies,” said Jones.
Added Jones: “We are heartbroken that this abuse occurred, proud of the brave victims that have come forward and grateful that our criminal justice system has ensured that Nasser will never be able to harm another young woman.”
The Journal asked the U.S. Olympic Committee in May if it was aware of settlements between USA Gymnastics and at least one gymnast. They said they were not, and haven’t been able to confirm the settlement since, Jones said.
A spokesman for Michigan State declined to comment.
Maroney, now 22 years old and retired from the sport, went public with allegations against Nassar in a Twitter post in October. She said Nassar began abusing her when she was 13 years old, when she joined the national team, and continued until she stopped competing in 2013, including the night before she competed at the 2012 London Olympics.
Through her lawyer, Maroney declined to comment.
The settlement agreement was signed by Maroney, her lawyer, Gloria Allred, former president of USA Gymnastics Steve Penny and a lawyer for the governing body. Allred is not named in the lawsuit—Manly, a California plaintiff’s lawyer who has led much of the litigation related to Nassar, filed the lawsuit on Maroney’s behalf.
Allred declined to comment. A lawyer for Penny declined to comment.
Penny left the organization earlier this year amid criticism of the organization’s handling of the Nassar matter and other sexual-abuse allegations. He received a payout of around $1 million at the time of his departure, the Journal has previously reported.
When he stepped down, Penny said in a statement: “My decision to step aside as CEO is solely to support the best interests of USA Gymnastics at this time. It has been heartbreaking to learn of instances of abuse and it sickens me that young athletes would be exploited in such a manner.”
According to the agreement and a person familiar with the matter, Allred described Maroney’s claims in a demand letter to USA Gymnastics in late May 2016. At that time, there were no public allegations against Nassar, although he had been quietly forced out of USA Gymnastics the previous fall after several national team gymnasts voiced concerns about his treatment.
Both parties agreed to wait until after the 2016 Olympic Games in Rio de Janeiro to begin negotiations on the claims, the person said.
By the time Maroney signed the agreement —on Dec. 30, 2016, according to the settlement—Nassar was in federal custody and USA Gymnastics was under fire for its handling of sexual-abuse allegations, as dozens of women came forward with allegations against Nassar and coaches at gyms across the U.S.
The lawsuit alleges that Maroney was “forced to enter” into a confidential agreement with USA Gymnastics, “after suffering for years from psychological trauma of her sexual abuse at the hands of Nassar, and in need of funds to pay for psychological treatment for her worsening psychological condition.”
The settlement included non-disclosure and non-disparagement provisions, with a fine of more than $100,000 for violating either.
The lawsuit seeks to invalidate those provisions under California law, which prohibits confidential settlements in a civil matter that could be prosecuted as a felony sex offense.
The lawsuit describes Nassar’s alleged abuse in graphic detail. Alone with Maroney in treatment rooms or living quarters at camps and competitions, he would place his fingers in her anus and vagina, she alleged, and at least once “mounted” her while he had an erection.
Maroney’s lawsuit comes at a pivotal time for USA Gymnastics, as it seeks to redeem its reputation and defend itself against multiple lawsuits related to Nassar. In light of Maroney’s settlement payment, scores of young women could have claims for relief.
As national team physician over a 25-year-period, including four Olympic Games, Nassar treated hundreds of elite gymnasts, at national and international competitions and during training camps at the Karolyi Ranch in Texas.
In California, USA Gymnastics is asking a judge to throw out state lawsuits filed against the organization by former national team members. Earlier this month, USA Gymnastics filed a motion in Michigan federal court to dismiss claims filed there against the organization, saying the statute of limitations had lapsed for most of the alleged victims and that the organization wasn’t liable for Nassar’s conduct.
Some of USA Gymnastics’ biggest sponsors have dropped the organization. Hershey’s said last week it will allow its contract to lapse, while Procter & Gamble said the company would evaluate its contract next spring, in light of the sexual abuse allegations. Under Armour is ending its outfitting deal with the governing body two years early, according to a person familiar with the matter.
It isn’t known if any members of USA Gymnastics’ board knew about Maroney’s settlement agreement. Some board members have said that they weren’t aware of settlements made to any athletes in 2016.
USA Gymnastics executives have said they first learned of athlete concerns about Nassar in June 2015, after a coach reported overhearing national team gymnasts at the Karolyi Ranch discussing Nassar’s treatment. The organization conducted a five-week internal investigation into the allegations before reporting the matter to the Federal Bureau of Investigation in late July 2015, the Journal has reported.
—Louise Radnofsky and Sara Germano contributed to this article.
Appeared in the December 21, 2017, print edition as 'Maroney, USA Gymnastics Had Confidential Agreement.'
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David Oetting7 minutes ago
Those confidentiality agreements just don't work--and they exacerbate the problem.
Geri Scott57 minutes ago
Remember this when the IOC is skulking about looking for donations! They are bedded down with our pols chasing girls, and buying them off with your money.
james garrett1 hour ago
I bet ol' Gloria took 40% of the 1.25 million...If not more.
Paul Wm Danielsen1 hour ago
Gee wiz.
Haven’t we seen this movie before : “ The Catholic Church “
...
How can anyone in the organization sleep at night knowing that turning a blind eye allowed this evil person to prey on more gymnasts.
Literally and morally disgusting
...
On a brighter note - I always get a chuckle and a laugh whenever I see Ms Maroney’s Picture. Her contorted facial expression ( silver medal ) was one of the funniest things I’ve ever seen in sports.
Ralph gibson2 hours ago
This woman was raped and sodomized since the age of 13 by a representative of USA Gymnastics. It appears there are dozens, if not hundreds of other victims.
And they claim they didn’t know a thing until Ms. Maroney redflagged them in 2015?
I hope that she and every other victim gets every dime USA Gymnastics and Michigan State has, and USOC as well if they were complicit.
This makes PSU and Sandusky look like small potatoes.
Martin Heilweil2 hours ago
If/ as confidentiality agreements, w big buck$, can be voided by litigation, and the money kept anyway
there will be a deluge of such lawsuits and disclosures
I am looking forward to the list
=
I was mostly struck, by how this young woman, who merely wanted to do athletics, as a teenager, is now more than an Olympian athlete world class, she is also a world class symbol and rallying point
she never signed up for any of that, but has risen to the occasion
=
if Allred gets a fee as attorney, we may see her motivation a little differently
Eileen Weber3 hours ago
Why all these sexual abuse claims everyday in the paper?
Something in the water or lawyers need are going through a dry patch...
I gather the latter.
Pter Johnson3 hours ago
Give Nassar some cologne and put him in a cell with Bubba "the anaconda" after you broadcast to the general population that he molested little girls.
Sam N6 hours ago
What's with the financial settlement? Is she getting the 1.5 MM settlement due to her celebrity status? What about the other girls who have been through this situation? Did they get their share of 1.5MM?
Monetary settlement it total BS. Harvey Weinstein will agree to Monetary settlement easily.
Paul Dacher5 hours ago
@Sam N And what was Gloria Allred's cut of the settlement?
Larry Roberts6 hours ago
For Steve Penny to claim he knew nothing about the criminal activities of pervert Nassar is simply not believable.
Penny should do some jail time.
Instead, he's undoubtably walking out the door with a nice severance package.
David Hill6 hours ago
This poor woman has suffered not only physical abuse but severe mental abuse as well and all due to a "doctor" who should have been fired and put in prison years and years ago.
That the US Olympic organization kept this swept under the rug is intolerable and completely unacceptable.
I can only hope and pray that all the other women involved get a huge financial settlement as they fully deserve.
People who give up years of their lives to become top tier athletes deserve much better than this.
MARK BRADLEY7 hours ago
Maybe having a male working one-on-one with mostly naked 20 year-olds wasn't such a great idea?
Kirsten Keller6 hours ago
@MARK BRADLEY
I guess we shouldn't have any male doctors treat female patients, either. Good Lord. These men are pigs, period. Real men would never do such things.
Paul Dacher6 hours ago
@Kirsten Keller @MARK BRADLEY Seems to me that a male doctor examining a female should have a medical assistant in the room, just to make sure everyone is safe. My female primary care physician always had her nurse on hand.
David Hill6 hours ago
@MARK BRADLEY Why on earth have men involved in examining women? There is no excuse for this stupid, inane policy.
David Hill6 hours ago
@Paul Dacher @Kirsten Keller @MARK BRADLEY Of course the physicians should first be female and only by exception using a male physician with a female cop present at all times. Furthermore every contract with the USOC should state that any abuse whatsoever will have the immediate effect of being fired, rein in all pension and other benefits accrued and apply ASAP for this physician's license to practice.
This episode sticks in my throat and will never be coughed up. Bad people. Bad from head to toe.
MARY GRAHAM6 hours ago
Another medical professional should have always been in the room.
Kirsten Keller6 hours ago
@Paul Dacher @Kirsten Keller @MARK BRADLEY
A medical assistant in the room has nothing to do with keeping the patient safe. It is to protect the doctor from false accusations. The assistant is acting as a witness. I don't need an assistant to keep me safe. I can take care of myself. If a doctor tries to get sexual with me, he will regret it.
Charles Jones7 hours ago
A simple question...
Why is it that sexual harassment perps get a walk and are not in jail?
Michael Vesey7 hours ago
At least someone is covering this horror a little bit, even though its in the "sports" section.
24x7 coverage of 30 year ago alleged celebrity & politician butt grabbing on every station..........
Big network sports sanctioned child exploitation and sexual abuse continuously for 30 years............. with future money at stake.......
occasional back page blurb.
Go figure.
think we can see some outrage from the talking heads on cable?
David Hill6 hours ago
@Michael Vesey I was shocked to see that co-anchor on Today sticking up for that idiot groper and rapist. She should be discharged for being criminally stupid.
MARY GRAHAM6 hours ago
Front page in nypost.com
Rustem Sharipov7 hours ago
Was a therapeutic use exemption abuse there too?
H
oward Haas7 hours ago
It seems to me this legal action is just the tip of the iceberg. There are 125 (+ - ) actions pending against MSU. This may make Penn State settlements look penny ante.
JOHN MINARD7 hours ago
Is this a lawsuit that is being filed to get more money?
D Curry6 hours ago
@JOHN MINARD
“after suffering for years from psychological trauma of her sexual abuse at the hands of Nassar, and in need of funds to pay for psychological treatment for her worsening psychological condition.”
Maroney must be seeing a very expensive Psychiatrist!
David Hill6 hours ago
@D Curry @JOHN MINARD IMO she deserved every penny in this mess of an action. Imagine your young daughter being raped by this "physician". A person of trust and integrity. The few millions she gets are a tiny payback for all the mental distress that will follow her for the rest of her life. I would no blame her if she never enters into any male relation ship and particularly with physicians.
Nancy Herring6 hours ago
@JOHN MINARD She should get every last penny awarded her and then some. I wish her all the best in her recovery.
Stephen West8 hours ago
These gymnasts had gone through extremely stressful days during competition and years of practice. Her emotional and physical damage by the (former) doctor is unimaginable. 60 years seems too short to me.
Winnie Holden8 hours ago
I hope that the outcome of this lawsuit includes the exit of the organization's upper management who has been covering this issue for all these years.
J Smith8 hours ago
Is she more interested in justice being served to the abuser, or is taking the money and walking away sufficient compensation?
Nancy Herring6 hours ago
@J Smith Guess what, she can have both justice and compensation and richly deserves both.
