Doe vs. USA Gymnastics Stephen Penny, Jr. 1 1/ 19/2014 Page 34 Page 36 i actually is in the executive office? 1 speci?cally. Kaitlin Dapper has not, and that 2 A Correct. 2 is not her responsibility, she's more 3 Okay. 3 administrative to me than Renee. And Renee is 4 A Well, sorry, when I refer to executive of?ce, I 4 my direct report on these types of issues. 5 mean my office. 5 Why did you feel it was necessaiy to change the 6 Okay. 6 way that sexual misconduct complaints were 7 A Sorry. 7 handled at 8 Yeah. Let's be okay. 8 A Ask the question again. 9 A Yeah. They're in the national of?ce. 9 I said why did you feel -- 10 All right. 10 A Why? 11 A We all share the same, you know, facility. But, 11 Yes. Why did you feel it was necessary to 12 yeah, the national office consists of all of our 12 change the way that sexual Complaints of 13 staff. 13 sexual misconduct was handled by USA Gymnastics? 14 Okay. 14 A As I became CEO of USA Gymnastics and learned 15 A And the executives of USA Gymnastics. 15 more about this issue and the challenges of 16 When I refer to the executive of?ce, I am 16 addressing complaints of this nature, it was my 17 talking literally about my office and the people 1? opinion that in order to properly administer 18 that work directly for me or that have -- within 18 them and ef?ciently administer them, that it 19 my of?ce. 19 was better handled as a function of the 20 List those people for me. 20 executive office than with program directors who 21 A Office of the CEO. 21 had a lot of other responsibilities and that we 22 Got you. 22 needed to separate this -- this responsibility 23 A If you want to call it that. When I refer to 23 and function from the program directors' 24 the executive of?ce, I'm referring to the 24 responsibilities. 25 office of the CEO. 25 You just touched on an area of how you -- and Page 35 Page 37 i Okay. So, for the record, 1 want to make it i i'm just paraphrasing here, but once you learned 2 clear. 2 ofthe compiexities with these issues, so my 3 A Yeah. 3 question is, is that where did you get the 4 When you were referring to executive office -- 4 training when it comes to sexual misconduct or 5 A Yeah. 5 the sexual exploitation of children? 6 -- previously hang on. 6 Did you have any type of training in that 7 A Correct. 7 regard? 3 -- you were referring to the office and the 8 A Prior to becoming CEO, I had no training in this 9 people who work directly for you? 9 category of our business. 10 A That's correct. 10 Tell me about the training that you received as 11 Okay. Can you list those people for me, please? 11 CEO. Just take them -- 12 A Yeah. So since becoming CEO 12 A I have not received any formal training as it 13 Yes. 13 relates to this category of our business. 14 A Renee Posan was -- worked directiy with 14 My description would be that I have 15 me in the office of the CEO. 15 received a fair amount of on-the?job training 16 Okay. 16 related to this category of our businessthe executive of?ce, but and then 17 have been involved in a number of what I will 18 in the past few years Kaitlin Dapper works along 18 call development Opportunities to learn more 19 with Renee in that capacity or in that of?ce. 19 about this issue and this topic. 20 And so when I refer to the executive 20 And as we've worked to address these issues 21 office, it would be those peeple that would be 21 and concerns, I've learned a lot about the 22 addressing these types of issues or anything 22 sports world and how it addresses these things 23 related to a complaint. 23 and -- but! have had no formal training in this 24 And technically Renee Posan was the one 24 area ofour business. 25 that really spent the time on complaints 25 Do you think it would be prudent and reasonable 770?343?9696 Tiffany Alley Global Reporting Video Pages 34.37 Doe vs. USA Gymnastics Stephen Penny, Jr. 1 1f19/2014 Page 38 Page 40 1 as CEO of USAG to receive formal training as to i should he investigated? 2 the sexuai exploitation of children and 2 A it was my understanding, as I became CEO, that 3 athletes? 3 once those complaints required an investigation, 4 MR, Object to the form. 4 that they were no longer handled by the program 5 A As I've gotten into the job, i think that it 5 director. So does that does that answer the 6 would be very helpful in this day and age of 6 question? 7 being a sports administrator, I think that it 1' Well, what l'm trying to ?gure out is who makes 8 would be very helpful to receive format training 8 the determination as to whether or not an 9 as it relates to that. 9 investigation is needed. 10 is there any type of budgetary restrictions or 10 And I want you to answer the question now 1.1 time restrictions that prevented you from doing 1 as president and CEO and your understanding of 12 that? 12 it prior to you becoming president and CEO. 13 No. 13 A Now, as president and CEO, any complaint, any 14 Excuse me, I'm sorry. There have been no 14 formal complaint of a sexual misconduct or a 15 restrictions on me to receive any kind of 15 sexual abuse nature, any complaint that is 16 training, nor any restrictions on addressing 16 any formal complaint really comes directly to my 17 this area of our business. of?ce and is handled by my of?ce. 18 What was your understanding of how complaints of 18 Okay. 19 sexual misconduct by member coaches were bandied 19 A In cooperation with legal counsel. And the 20 prior to your arrivai as 20 judgment is left to my discretion as it relates 21 A I had very little understanding about how these 21 to whether or not an investigation is necessary. 22 things were handled prior to becoming CEO. 22 Okay. And is it your understanding prior to you 23 Well, obviously you made changes to how these 23 becoming CEO that the women's program director 24 complaints were handled, and you've outlined 24 and the men's program director actually made 25 those changes. 25 those decisions? Page 39 Page 4] 1 So what was different from how you're doing 1 A It's my understanding that prior to becoming 2 it now than how it was done prior to you 2 CEO, any investigation that took place really 3 becoming 3 was done through the executive of?ce and not 4 And what I mean by what was different, how 4 necessarily through program. But that's -- I were they handled different? 5 may not be entirely correct in that because I 6 A Well, upon becoming CEO, it became my it 6 was not involved. 7 became my understanding that basically ?i Okay. Earlier you stated you read parts of 8 everything was handled by the program directors 8 Kathy Kelly's deposition. 9 to a certain extent. 9 A Parts. 10 And that, as I mentioned previously, the 10 Okay. Do you recall that she testified that, in 11 program directors were really the first line of '1 1 fact, she was the one who made the determination 12 entry for any complaint. And so it was really 12 as to whether or not it went forward and met the 13 within the purview of the program director to 13 investigation procedures under the bylaws? 14 address those complaints. And then at some 14 A 1 don't remember reading that, no. 15 point the executive office or the CEO became 15 Okay. You, obviously, sitting here today as 16 involved in complaints that were brought to the 16 president and CEO don't believe that's the way 17 office and that likely required an 17 they ought to be handled, do you? Otherwise 18 investigation that was beyond the scope of what 18 you -- 19 the program director was able to deal with on 19 A I don't think it's the most ef?cient way to 20 their own. 20 handle them, no. 21 So you felt it was necessary that the executive 21 Okay. Otherwise you wouldn?t have changed the 22 of?ce get involved with complaints of sexual 22 process; correct? 23 misconduct and, hang on, and not have the men's 23 A I changed the process because I wanted to make 24 program director or the women's program director 24 sure that USA Gymnastics used every possible 25 making a call as to whether or not the case 25 resource to handle these these complaints 770643-9696 Tiffany Alley Global Reporting Video Pages 38.41 Doe vs. USA Gymnastics Robert Colarossi 04/23/2015 ·1· · · · · · MR. CORNWELL:· Q.· Regardless if it showed a ·2· ·pattern of behavior by the member coach? ·3· · · · · · MR. ATHANS:· Object to the form. ·4· · · · · · THE WITNESS:· If it is hearsay, it's hearsay. ·5· · · · · · MR. CORNWELL:· Q.· So any second or third-party ·6· ·information USAG disregarded under your leadership as ·7· ·president? ·8· · ·A.· · That's right.· Had to be signed. ·9· · ·Q.· · That is with no formal legal training or formal 10· ·training in regard to sexual misconduct? 11· · ·A.· · What's in regard to? 12· · ·Q.· · Your decision-making process. 13· · ·A.· · Could you restate the question. 14· · ·Q.· · You stated earlier you have no training in regard 15· ·to the patterns and profiles of pedophiles or member 16· ·coaches who conduct -- or who engage in sexual misconduct; 17· ·correct? 18· · ·A.· · No formal training, that's correct. 19· · ·Q.· · You have no formal legal training as to what is 20· ·related to hearsay or not hearsay; correct? 21· · ·A.· · No legal formal training, that's correct. 22· · ·Q.· · So your decision to not investigate these 23· ·allegations of sexual misconduct of member coaches was a 24· ·decision you made without any formal legal training in the 25· ·areas of sexual misconduct? 770-343-9696 Tiffany Alley Global Reporting & Video Page 72 YVer1f ·1· · · · · · MR. ATHANS:· Object to the form. ·2· · · · · · You can answer. ·3· · · · · · THE WITNESS:· The decision to investigate or ·4· ·not was not based on training.· It was based on rules ·5· ·and policies we had in place at the time. ·6· · · · · · MR. CORNWELL:· Q.· Rules and policies that you ·7· ·never questioned? ·8· · ·A.· · Could you be more specific. REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED REDACTED Doe vs. USA Gymnastics Kathy Kelly 10/09/2014 ·1· ·Q· ·And what training did you receive in order to ·2· · · ·discharge your responsibilities as the complaint ·3· · · ·department? ·4· ·A· ·Basically I was bound by the bylaws of the ·5· · · ·organization and just followed the bylaws. ·6· ·Q· ·Did USA Gymnastics send you to any training ·7· · · ·seminars on sexual misconduct complaints? ·8· ·A· ·No. ·9· ·Q· ·Did you ever have any discussions with law 10· · · ·enforcement about what to do if you received a 11· · · ·sexual misconduct complaint? 12· ·A· ·I spoke with a lot of law enforcement over the 13· · · ·years. 14· ·Q· ·What was the nature of those discussions? 15· ·A· ·Well, if there was -- you know, throughout -16· · · ·within the investigative process, there were 17· · · ·times when I would seek out advice or direction 18· · · ·from the local authorities. 19· ·Q· ·And when you say "local authorities," are you 20· · · ·talking about the authorities in the 21· · · ·jurisdiction where that particular professional 22· · · ·member was located? 23· ·A· ·Correct. 24· ·Q· ·All right.· Of -- can you give me some idea of 25· · · ·the number of sexual misconduct complaints you 770-343-9696 Tiffany Alley Global Reporting & Video Page 55 YVer1f