and its President would follow the law. (Ex. 8 Kathy Scanian Deposition 7:6?12; 15:5n12; 17:20m
23; 50:6??13; 11:17?22; 106:13w25', 1009446; 101211-19; 53:4?9; 34:19?35z3; 53:10w14)

As part of disciplinary process, USAG'maintained written ?les which contained
information and allegations about inappropriate sexual conduct by member coaches. The
Plaintiff has examined the 54 complaint ?les produced by the Defendant in this case. (Ex. 9  54'
Coaches Complaint Files Filed Under Seal Pursuant to this Court?s Con?dentiality Order).

. primary position in this case is that it did not investigate the 1998 allegations against
McCabe because the complaints did not come from a victim or a victim?s parent. (Ex. 10 Robert
Colarossi Deposition 3823?392; 114:15?22) The coaches? complaint files and President
Scanlan?s testimony places this important ggpeissnue in diSpute, is a factual issue to be decided by
the jury and therefore requires the denial of the Defendant?s motion. I

President Scanlan testi?ed that when she was President, policy did not limit
investigations of coaches accused of sexually inappropriate conduct with member athletes to
those complaints which were submitted in writing by either a member athlete or the member?s
parents. (EX. 8 Kathy Scanlan Deposition 38:5?9; 47:20? 48:4). Mr. Colarossi, who was
President of SAG in 1998 when the McCabe complaint was received by SAG, testi?ed that
the policy of when to investigate complaints of sexual misconduct by member coaches was
passed down to him from the prior administration which was the Scanlan presidency. Mr.
Colarossi admits that neither the '1997 Bylaws nor the Federal Law known as the Amateur Sports
Act directed when USAG could investigate a complaint of sexual misconduct by a member
coach. (Ex. 10 Robert Colarossi Deposition 4021-412; 44:19 45:7; 51:10?16; 104:8?15; Ex.
22 Amateur Sports Act) President Colarossi admits that USAG did not investigate the 1998
complaints made against McCabe by Giunipero, Dickey and others and instead just placed the
complaint documents in a file. (Ex. 10 Robert Colarossi Deposition 314:15w22)

Additionally, there are several coaches complaint ?les which support the policy testified
to by President Scanlan and which rebuts President Colarossi?s position as to what the policy
actually was in 1998. (Ex. 9 Coaches Complaint files Alexander FilegBell File) The reason why 
USAG took no action on the information it received about McCabe?s inappropriate sexual.
conduct in 1998 is a material fact in dispute. The 54 complaint ?les produced by USAG also
establish that there was no recognizable consistent policy followed by USAG in regard to the
investigation and discipline of its member coaches. (Ex. 9 Coaches Complaint tiles)

USAG exercised and still exercises a signi?cant amount of control over its member
coaches. In addition to having the exclusive ability to ban and suspend coaches, USAG requires
member coaches to complete an initial application, renew their applications yearly, pay a yearly
fee and certify in their renewals the completion of continuing education courses in order to
renew their membership. (Ex. ll. Renee Posan Deposition 75:23 ~7623) As a condition of
membership in SAG, USAG also required member coaches to abide by its policies and
procedures including its Bylaws and Code of Ethics. (Ex. 12 Kathy Kelly Deposition 149:5?20)

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