that he ?red McCabe after he heard from an unnamed individual that McCabe had bragged to yet
another person that he ?had one of the 15 year old cheerleaders in her underwear? and that he
expected to have sex with her. [Undated Corr. From Dan Dickey, Gymnastic World, to Kathy
Kelly, USA Gymnastics, (attached as Ex. to USAG Material Facts).] Nothing in this third-
hand hearsay letter created any duty to investigate as a matter of law, nor did it trigger mandatory
reporting under the 1998 statute. Again, no child was speci?cally identi?ed, and there is no
evidence that this unnamed cheerleader was a USAG member. USA Gymnastics' 1999 reply
letter seeking more information was ignored by the former owners. [Id]

Indiana law similarly provides that "an individual who has reason to believe that a child
is a victim of child abuse or neglect shall make a report as required by this article." I.C.A. 31-
33?5-1. ?'Reason to believe,' for the purpose of the reporting statutes, 'means evidence that, if
presented to individuals of similar background and training, would cause the individuals to
believe that a child was abused or neglected.?' Sprunger v. Egh', 44 690, 693 (Ind. Ct.
App. 2015) (quoting Ind. Code 31?9?2?101). For the reasons set forth above, however, USA
Gymnastics had no reason to believe actual abuse had occurred. Deplorable comments by a
coach in his young 20s in the mid to late 19905 that is forwarded by two or three others is not the
quality of information USA Gymnastics investigated at that time. Each of the letters referenced
unspeci?ed individuals or an adult woman, or referred to a hearsay statement about a desire to
engage in inappr0priate sexual relations with a minor cheerleader whose status vis-a-vis USA
Gymnastics was not known. No part of the letters stated that child abuse had in fact occurred,
even generally. Therefore, USA. Gymnastics had no duty to investigate McCabe, and it did not

breach any duty to Plaintiff.

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