NWSL and NWSLPA Comment on Joint Investigative Team Report | National Women's Soccer League Official Site

14 December 2022By: NWSL Editor

NWSL and NWSLPA Comment on Joint Investigative Team Report

NEW YORK (December 14, 2022)

Today, Covington & Burling LLP and Weil, Gotshal & Manges LLP, collectively, the Joint Investigative Team, released their investigative report following a 14-month independent investigation conducted under the direction of an Oversight Committee, into historical and ongoing complaints of discrimination, harassment, abuse (physical, emotional or sexual) and retaliation in the National Women’s Soccer League. The report details the Joint Investigative Team’s observations and findings, and offers recommendations for the NWSL to consider as it addresses the systemic failures that allowed misconduct to occur. “This report clearly reflects how our league systemically failed to protect our players. On behalf of the Board and the league, let me first and foremost sincerely apologize to our players for those failures and missteps. They deserve, at a minimum, a safe and secure environment to participate at the highest level in a sport they love, and they have my unwavering commitment that delivering that change will remain a priority each and every day,” said NWSL Commissioner Jessica Berman. “I also commend and am grateful for the courage current and former players demonstrated in advocating for themselves, their teammates and the future of our sport. Our players’ bravery prompted this comprehensive and unprecedented investigation, which has left no stone unturned, and will be critical to informing our future as we work to heal this league, take corrective action and implement systemic reform. We are committed to making all the necessary changes to create a safe and positive environment for our players, staff and fans.” "Last October, players vowed that we would be relentless in our pursuit of a league that is worthy of the incredible athletes in it. This report is a critical part of that effort. Only when we understand the facts can we make progress toward accountability and transformational change,” said NWSLPA Executive Director Meghann Burke. “While this report is the culmination of a tireless effort by many, it was players who took the first steps to bring us to this moment. When faced with the choice between silence versus speaking out at real personal risk, players who demanded a reckoning gave the NWSL a chance at transformation. They deserve our gratitude and respect. “We call on the league, U.S. Soccer, NWSL clubs, and everyone in leadership throughout the soccer ecosystem to demonstrate the same courage and commitment to eradicating misconduct that our players have shown,” Burke added. “We also recognize that the abuse and misconduct our players have endured is far too common in sports and in the workplace. We hope that this joint investigation framework will provide a roadmap to other athletes and workers who seek something so basic: safety and dignity at work." In October 2021, the NWSL and NWSL Players Association initiated a joint, league-wide independent investigation that reviewed all reports of inappropriate conduct towards players in the NWSL and its member clubs from the league’s inception in 2012 through the present, as well as workplace misconduct and anti-discrimination policies and practices in the league and its clubs. As part of that process, the Joint Investigative Team was directed to follow the evidence wherever it may lead, and sought all information it deemed relevant to the investigation from any employee or agent of the NWSL, the Board of Governors, or the NWSL’s member clubs. The Oversight Committee was comprised of two members selected by the NWSL, two members selected by the NWSLPA, and a jointly-selected retired U.S. District Judge. The full report and accompanying recommendations can be viewed here . Over the last 14 months, the NWSL took preliminary steps to begin correcting the missteps of the last decade and to improve the league. Many of these steps have been taken in consultation with the NWSLPA, whose partnership and input has greatly enhanced the league with improved safeguards, procedures, and policies, including: * Increasing communication and collaboration with the NWSLPA and the players on key aspects of the league.

Strengthening the league-wide Anti-Harassment policy, that was put in place in 2021, to prevent and eliminate discrimination, harassment, abuse, and retaliation.
Establishing an anonymous league-wide hotline (RealResponse) where players can report misconduct.
Enhancing vetting procedures for new hires.
Signing the first CBA with the players, which introduced several advancements for players including improved compensation packages and benefits, enhanced training and playing environments, mental health benefits, and a long-term commitment to continually improve the standards of the league that would protect the health and safety of our players, staff and other stakeholders.
Revising and re-implementing the Player Survey to improve the information collected and analysis of survey results.
Enhancing the NWSL leadership team to add experience, diversify thought leadership and create new opportunities to rebuild trust.
Welcoming new investors and brands with aligned values to support our players’ and the league’s growth. While this report will take time to review, digest and analyze, in the interim, the league recognizes there are additional steps it can take and be held accountable to while it develops and implements broader systemic reform, in consultation with the NWSLPA. A number of these steps have been initiated, and the league is committing to completing each of the proposed steps below for the 2023 regular season, including: * Hiring a Chief People & Culture Officer, as well as a Player Safety Officer at the league.
Revising league and club minimum standards and staffing / reporting requirements with an emphasis on having clubs dedicate full-time employees to the Human Resources and General Manager positions, ensuring autonomy of the medical staff, and requiring clubs to designate their own Player Safety Officers to provide in-market support to the NWSL Player Safety Officer.
Creating and executing trainings for players, coaches, and club and league staff.
Engaging NWSL, WPS and WUSA alumni, which will be focused on improving former players’ connectivity to the league, seeking their perspective and providing them with professional resources.
Establishing new (or revising current) policies:
- A Non-Fraternization Policy that will create clear rules regarding romantic and/or sexual relationships and/or encounters between players and staff.
- An Employment Approval Policy to increase vetting requirements and expand its applicability to additional new hires.
- An Alcohol Policy to establish standards around alcohol-use in social settings where players and club staff are present.
Revising the Player Handbook with additional informational resources and updated policies.
Prohibiting clubs from providing housing to club staff at the same location as players.
Setting expectations through the implementation of Codes of Conduct for players, coaches and fans across the league.
Establishing an NWSL Advisory Council of subject matter experts to provide diverse perspectives on the future of the league, particularly as it relates to culture and systemic reform.
Launching a Diversity Equity & Inclusion Taskforce focused on all “isms” and proactive measures to confront and address biases.
Building a proactive program to attract and recruit highly qualified coaches to the NWSL.
- Initiative will be launched at the 2023 United Soccer Coaches Convention.
Implementing a new investigation protocol that will continue consultation with the NWSLPA.
Expanding reach of RealResponse to all clubs in order to ensure players are aware of the reporting lines available to them and to improve management of the reporting system.
Establishing and communicating role clarity between clubs, the NWSL, U.S. Soccer and SafeSport to eliminate confusion surrounding investigation responsibility and ownership. Berman continued: “This will be an ongoing process of improving and strengthening our league. We will review the report and its recommendations over the coming days, weeks and months and be intentional about seeking input from other internal and external key stakeholders to better understand what further action needs to be taken in the short, medium and long term. In addition, while the league has already taken corrective action based on findings made by the Joint Investigative Team in the 2022 season, the league will consider additional corrective action to ensure accountability based on the findings detailed in the Joint Investigation Report.” The NWSL will provide an update ahead of the 2023 season on its progress on all its initiatives and a detailed plan on further steps that will be taken as a result of the Joint Investigation Report and its recommendations. Ensuring this league is safe for our players, staff, and all our stakeholders will be an ongoing process and will remain a top priority. The additional members of the Oversight Committee added the following commentary: “I commend the NWSL and NWSLPA for commissioning this groundbreaking, broad, and thorough joint investigation. I am confident that the report’s detailed findings and thoughtful recommendations will enable the league and its players to ensure a safe and respectful environment for all players,” said retired U.S. District Court Judge Barbara Jones. “I was honored to sit on the oversight committee, and I have renewed faith in leagues and unions working together to conduct a transparent and thorough investigation. May this report inform and transform sports and empower all athletes from grassroots to the professional level,” commented Terri Carmichael Jackson, Executive Director, Women’s National Basketball Players Association. “The work of implementing systemic change is long, hard work. I am proud to have been a part of this oversight committee because I understood the commitment of this league and union to that hard work. I know that this report will lead to sweeping changes that will create an environment where players, and the sport of professional women’s soccer, can thrive and grow,” added Djenaba Parker, General Counsel & Chief People Officer, Goop Inc. (former General Counsel & Chief Talent Officer, New York Red Bulls).