Frum: Jenniter A Splegel (Jennifer A Splegel/PaulWeiss> Sent: Tuesday, May 29. 2012 1242 pm To: Ce: Subject: Proposed Amendmenls to USAG Bylaws Regarding Sexual Misconduct Attachments: Proposed Amendments to USAG Bylaws doc Endorsing National Team Membersdoc; Unknown Dear Mr. Roethlisberger: I write to you in your capacity as President of the Adiletes' Council of USA Gymnastics Inc. which we understand from the USAG Bylaws (the "Bylaws") is responsible for communicating to USAG the views expressed by athletes to your Council. 1 represent a former elite gymnast and former USAG mernher, Jessica Nichols. Together we have reviewed and analyzed the Bylaws and USAG's framework for addressing sexual misconduct. Set forth on Exhibit A to this letter is my client's recommendations for amendments to the Bylaws, as well as other initiatives USAG should undertake to protect its athletes. Although these proposals have been crafied on behalf of my client, they have also been endorsed by a number of former National Team members, each of whom is listed on Exhibit B. hope you will lake our proposed recommendations to USAG, and work with them to determine how the organization can best protect the very athletes who have made US gymnastics the dominant athletic presence it now is in the world sports arena. We believe that USAG could be a leader among national governing bodies in addressing the problem of abuse of athletes. We hope that USAG will seize the opportunity to demonstrate its cummilment to the athletes who have made it possible for USAG to thrive. Sincerely, Jennifer Spiegel a Cover Letter.de 3 Proposed Amendm to USAG lawsdoc Endarslnu NationalTeam Members doc le Circular 2:0 disclosure: To ensure compliance with requirements imposed by the was, we Inform you that any tederal tax advice contained in this communication {including any attachments) is not intended or written to be used. and cannot be used, forthe purpose om) avoiding penalties under the internal Revenue Code or (il) promoting, marketing or recommending to another party any transaction or matter addressed herein. Click Here lor More lniormation Jennifer A. Spiegei Counsel Paul, Weiss, Rifkind, Wharton Garrison LLP 1285 Avenue of the Americas New York, NY 10019?6064 (212) 373-3748 (Direct Phone) (212) 4920748 (Eirect Fax) isgiegei@pauiweiss.com PAUL, EISS, RIFKIN D, WHARTON 6? GARRISON LLP ROBERT A ATKINS JOHN C: KENNEDY rare; era-am? semesters 1285 AVENUE OF THE AMERICAS 3601. FORTUNE PLAZA OFFICE TOWER A LYNN BAYARD DAVID LAKHDHIR NEW YORK NEW YORK 1001945064 N0 7 DONG SANHUAN ZHONGLU STEPHEN seamstress" ester-tread mm regenerate rear-Warren 0? mm? EOEHNINO MASOTTI LLOYD GARRISON ([946-1 99!) TELEPHONE (56-10) 5525-5300 ?r?gls'iag?gg??uon xgg?ARD 331313323: siersemwwr rr'rre?rirorwar 1950 12TH FLOOR HONG KONG CLUB BUILDING SUSANNA BUERGEL TOBY MYERSO LOUIS WEISS 3 3A ROAD CEMRAL PATRICK CAMPBELL- JOHN E. NATHAN JOHN WHARTCN ?927-1917) CAREY NYAHADY 8333 iiEWo?s?l? on TELEPHONE (852) 2846-0300 LEWIS CLAYTON BRAD OKUN JAY COHEN KELLEY PARKER KELLEYA MARC CASTLE CHRISTOPHER CUMMINGS MARK POMERANTZ CHARLES OAVIOOW VALERIE RAOWANER messengers DE areas-rear WRITER mnec-r OIAI. NUMBER LONDON Eczv no. ggh1??DRAE??gE3m 212 373 3748 ?4 7'36" ?mo ALICE EATON ANDREW ROSENBERG ANDREW .J Roam GREGORYA EZRINO RAPHAEL Russo rum same We mistresses am asses DIRECT FACSIMILE 2 2-CHOME $555:ng L5 212 492-0748 CHIYODA-KU. TOKYO loo-OOH JAPAN ROEERTO FINZI KENNETH (ea-3) 3597 excl PETER FISCH ROBERT ROBERT FLEDER JAMES SCHWAE earners?? ADDRESS CENTSE Fri-$5303 ?aws? . 77 KING 5TB ITE a1 - KENNETH A GALL STEVE SIMKIN JSplegel@delwelSS Com PO sex 226 earnestness; rears assassins 7 ?4 NEIL GOLDMAN ALAN STONE mm starter seesaw restrainsitmi?io Dc um GROFMAN TELEPHONE I202: 223-7300 NICHOLAS GROOMIERIOGE MARIA vuu. BRUCE A GUTENPLAN LAWRENCE WEE serfs? WELLS JR inter? prism sari y?il?i?iim peer OFFICE 30): 32 NC TOORCHIO GERARD ARFER MARK May 29: 2012 OE 1939943032 gagging jghg?AE'h Enid? TELEPHONE (302) 6554410 MICHELE KAYE ilb'??uamn i??gg? m-m . . MEREOITH I KANE ROBERT zecnowgm ADMITTED T0 TRE NEW YORK BAR Dear Mr. Roethlisberger: I write to you in your capacity as President of the Athletes? Council of USA Gymnastics Inc. which we understand from the USAG Bylaws (the ?Bylaws?) is responsible for communicating to USAG the views expressed by athletes to your Council. I represent a former elite gymnast and former SAG member, Jessica Nichols. Together we have reviewed and analyzed the Bylaws and framework for addressing sexual misconduct. Set forth on Exhibit A to this letter is my client?s recommendations for amendments to the Bylaws; as well as other initiatives USAG should undertake to protect its athletes. Although these proposals have been crafted on behalf of my client, they have also been endorsed by a number of former National Team members, each of whom is listed on Exhibit B. I hope you will take our preposed recommendations to USAG, and work with them to determine how the organization can best protect the very athletes who have made US. gymnastics the dominant athletic presence it now is in the world sports arena. We believe that USAG could be a leader among national governing bodies in addressing the problem of abuse of athletes. We hope that USAG will seize the opportunity to 7777361v1 PAUL, WEISS, RIFKIND, WHARTON GARRISQN LLP Mr. Roethlisberger demonstrate its commitment to the athletes who have made it possible for USAG to thrive. Sincerely, J?r1ifer A. piegel USI .7777361v1 Proposed Amendments to Bylaws (A) Expand USAG Jurisdiction. One way in which USAG can play a mere in?uential role in the protection of member athletes from abuse is by extending the agreed upon jurisdiction or legal reach of the USAG. The USAG should extend its jurisdiction beyond the actual athlete member and coach member to include certain related employees. (1) Personnel of Members Subject to USAG Jurisdiction. Any USAG member would be deemed to submit any employees of the to USAG jurisdiction as a condition to membership. ?Personnel? should be de?ned broadly to include all employees, volunteers, and free-lance consultants so that jurisdiction cannot be circumvented through ?independent contractor? arrangements. This would effectively be an extension of existing Participant Welfare Policy, which requires a member club to certify in its application that no persons permanently - ineligible for USAG membership ?are or will be associated with the member club or its activities.? Personnel and volunteers would be required to acknowledge in writing that they understand and agree they are subject to USAG jurisdiction in connection with their activities at, or on behalf of, such gym. (2) Members Responsible for Spouses and Dependents. Members would be subject to suspension or penalty in connection with any sexually-related or other form of abuse against minors by such member?s spouse or dependents unless procedures have been implemented to ensure such Spouse or dependent do not have access to the or its athletes. (3) Potential Suspension of Membership. Another aspect of extended jurisdiction would be the ability to suspend an individual or organization?s membership (subject to notice and reasonable cure periods) for a violation by any personnel. No athlete training at a suspended would be allowed to compete at a USAG meet without applying for a special dispensation (or changing the for which the athlete competes). (4) Written Certification of Adequate Policies Addressing Abuse. When a gymnast competes in a USAG competition, the club for which she competes must provide a written certi?cation to the effect that the club has adopted policies and procedures reasonably designed to prevent sexual misconduct and has agreed to be subject to USAG jurisdiction. :7761965v2 II. (5) Acknowledgment of USA Jurisdiction int Respect of Acts Committed While a Member. When becoming a member, an individual or organization should be required to accept and acknowledge the authority of the USAG to penalize or sanction such member even after such member voluntarily withdraws his or her membership. (B) Athlete Safety and Welfare Committee. The Bylaws should be amended to create an Athlete Safety and Welfare Committee charged with overseeing either directly or indirectly (through a third party organization) any initiatives to promote athlete safety, including the educational initiatives and hotline outlined below. (C) Require Policies Addressing Abuse; Endorse Safe4Athletes. Individual and organizational members must agree, as a condition to membership, to adopt policies and procedures reasonably designed to ensure the safety of athletes. The Athlete Safety and Welfare Committee would be responsible for making available to organizational members model policies and procedures that can be used as a starting point for such organization. This would likely require an amendment to the Participant Welfare Policy, which ?invites? members to adopt policies but does not require them to do so as a condition to membership. We have reviewed Safe4Athletes? Handbook for Local Sport Club Policies and Procedures afe4Athletes 21 012.pdf) and believe their publication represents the most comprehensive and sophisticated approach to date to address the issue. USAG should formerly endorse this manual and recommend it as a starting point for any USAG member and any at which USAG member athletes train. Education. USAG should take a more proactive role in educating parents and athletes about the potential abuse of minors. Any such initiative would bene?t the image of the USAG and the sport as a whole, potentially making the USAG a leader among national governing bodies in their efforts to protect athletes against abuse. (A) Availability of Materials. Approved written educational materials could be made available at all USAG competitions. One of the advantages of making materials available at competitions is that athletes are proceeding somewhat outside of their typical routine and may be more likely to reach out for materials in a larger population where they are not surrounded exclusively by their own teammates and coaches. Materials should also be made available online through a website and/or through social networking sites. (B) Model After USOC Materials. To the extent possible, educational materials that are developed should be modeled after any materials developed by the USOC regarding sexual misconduct and added to the USAG website via hyperlink. (D) Greater Involvement of Trained The USAG could spearhead a movement to encourage more trained to work with USAG coaches and athletes. USAG could help identify and vet trained to volunteer time, visit and participate in speaking opportunities (including, potentially, at USAG competitions). We note that Safe4Athletes is in the process of organizing a committee of relevant experts and USAG may be able to piggyback off of Safe4Athletes? efforts in this respect. Availability of an Abuse Hotline. USAG could sponsor (or coordinate with other national governing bodies the sponsorship oi) an anonymous hotline (toll free) and/or website for athletes, parents and coaches to discuss concerns and fears and to potentially make anonymous complaints. At certain thresholds of complaints against the same coach, the USAG may be required to notify the at which the coach works. Obviously this is a sensitive liability issue and we understand that USAG will want to discuss this aspect with its outside counsel prior to undertaking any noti?cation responsibility. We understand that the Participant Welfare Policy requires USAG to have two staff members available to receive telephone inquiries regarding abuse. However, currently this resource does not have adequate Visibility. In fact, we had to sift through numerous materials and Spend amounts of time on the USAG website just to discover the resource exists. The existence of the hotline and other such resources should be displayed prominently on the USAG website. usr:7?761965v2 Former National Team Members Endorsing Recommendations Tracy Butler (Coe)?National Team member (83-84, 84?85, 85-85, 86-87) Tracy Calore Team Member (83-84, 84-85, 85?86, 86-87, 87-88, 88?89) - Dominique Dawes?National team Member (89?97, 2000); U.S. Olympic Team Angie Denkins?National Team Member (82-83, 83-84, 85-86, 8687) Jennifer Greenhut?National Team Member (85-86) Martha Grubbs Team Member (92?93, 93?94) Kim Hamilton Team Member (84?85) Penny Hauschild (Buxton)?National Team Member (81?82) Kathy Johnson Team Member (80-81, 81-82, 82-83, 8384), 1980 and 1984 U.S. Olympic Team Kim Kelley?National Team Member (87-88, 88-89, 89-90, 90?91) Lisa Lazar Team Member (84-85, 85-86) Sabrina Mar?National Team Member (83?84, 84-85, 85-86, 86-87, 87-88), 1985 National Champion Lisa Panzlroni (Gamer)?National Team Member (86 87, 87-88, 88-89, 89-90) Cathy Rigby (McCoy)?National Team Member and 1968 and 1972 Olympic Team Jennifer Say?National Team Member (82?83, 85-86, 86-87, 87-88), 1986 National Champion Alyssa Solomon?National Team Member (85?86, 86?87) Tracee Talavera Team Member (80-81, 81-82, 82-83, 83-84, 84-85); 1980 and 1984 U.S. Olympic Team Doe Yamashirom?National Team Member (86?87, 87?88, 88-89) Gigi Zosa??Nati0nal Team Member (82-83); 1984 Canadian Olympic Team