USA Gymnas?us Stephen Penny. .Ir. thene r130 to the level as a threat to children? A Sorry, that's my alarm again. So because my attorney is not objecting to any of the form of your question, I am going to go ahead and answer it. I believe that I have the oxporienoe based on my involvement in sport over the years and based on my observations and the pooplo that surround me that help me make good decisions every day, that when things like this arise, that I have the ability to make gOod judgments about what the next best stops might be, booed on the governing documenta that I have and the way in which misconduct and abuse is described and based on the experience I have had as CEO of USA Gymnastics, to address these issues. And the one of the moat fundamental elements of launching an investigation is substantiating the claim. And the reason that's important in becauoe that under the Amateur Sports Act, both the athlete and the coach have rights of membership. And one of the most important reasons that you substantiate a claim is because the potential for, if you will allow the expression, 9?29451. 7?0-343?9696 'I?iffany Alley Global Reporting 85 Video Page77 Doc vs. USA Gymnastic-S Stephen Penn)" .ler 12?] 9.12014 a witch hunt, baoomos very real. And so it's possible that someone may make a claim like this because they don't like someone or because they heard a rumor or because they information through other third parties. And so, fundamentally, when you have the umbrella of the Amateur Sports Act and the US Olympic Committee and youf ?w your burden the burdon of proof kind of weighs on your ability to move forward and think about ousponsion or think about next steps, you have to take that very ooriously, because the coach is as much a mombar as the athlete. So that's the best answer I can give you as to my perception as CEO and my knowledge and ability to address issues of this type. What?s more important, a coach's ability to coach or an athlete?s ability to participate in the sport of gymnastics in a safe environment? A The most important thing o? MR. ATHANS: Object to the form of the question. THE WITNESS: I?m sorry. MR. ATHANS: Now you may Thank you. . 770-343~9696 Page 78 ?I'if??my Aliey Giobal Reporting Video Doc vs. USA Gymnastics IQObCItCk?arossi 04x23x201? suggesting that there was member misconduct, sesual or otherwise, we had a process used te review those ~m review that information. Q. Explain that policy to me as you know it? A. . So the first thing was to evaluate whether or not the information was about a member and from a member. And the second step was to determine ?a to make and that it was sure that it was a signed statement, firsthand knowledge, not hearsay, and had to be substantiated. Q. How_would it have been substantiated? A. By the person's written, signed statement saying that they saw themselves, or in the case of a minor we would accept a statement from a parent. Q. At any point in time did you review complaints that were made by other member coaches? A. Sure. Q. Did you ever investigate complaints that were made by other member coaches? A. Only to the extent that they were substantiated, signed and not hearsay. Q. So if you received a report from another member coach regarding sexual misconduct of another member that wasn't signed by the victim or the victim's parents, would 770-343w9696 Tiffany Ahoy Global Reportng 83, Video Page 38 Doe vs. USA Gymnastics Robert Colarossi 0403:2025 1 you investigate that complaint? 2 A. No. 3 Q. Why not? 4 a. Because it?s hearsay. end in the sport of 5 gymnastics, it?s vety competitive to gain and retain 6 students and/or athletes, and people might have all 7 kinds of reasons for saying things. And if they 8 couldn't substantiate it we wouldn't investigate it. 9 Q. What if that complaint was substantiated by a 10 restraining order or an affidavit? 11 A. onm a USA Gymnastics member? 12 Q. Yes. Or a victim. 13 A. I'm sorty? 14 Q. Yes. Q: a victim. 15 A. That is a member of USA Gymnastics? 16 Q. Yes. 17 A. If we receive something that was fxom a member 18 of USA Gymnastics, yes. mean, I have to understand 19 what the WW what the tone of the testraining order is. 20 So I guess my answer is, it would depend on the 21 nature of the restraining order. 22 Q. Did Kathy Kelly have ultimate authority to 23 determine whether or not these complaints rose to the 24 level of whether or not the complaint shouid be 25 investigated? 770?343?9696 Tiffany Alley Global Reporting 8; Video Page 39