In reply to: If this were anyone else on this board, I might care. posted by austindomer
"Scienter" means that a person has prior intent or knowledge of wrongdoing, criminal or otherwise. I simply don't think such knowledge on the part of JS is A) easily proven, therefore making it a slam-dunk case where ND should automatically treat him like a pariah*, or B) knowable by anyone on this board.
My point is that there's no evidence (as of now) that Swarbrick had knowledge of the abuse. I neither think it likely that it could be proven in court that the sexual assault policy Jack crafted for the USAG was done with the INTENT to allow Nassar to operate with impunity (NB: I haven't read the policy; I'm making a reasonable assumption of basic competence here). The reason I made my initial post was because it seems like some folks are already assuming Jack is a terrible human being who enabled a pedophile, when it's not at all clear how much he actually knew. Perhaps I'm wrong to assume this, but that's my impression.
*With regard to your final point about how bad this looks for the man professionally and his employer...I completely agree. And for that reason, plus the near 100% chance of a very public lawsuit with a potentially embarrassing discovery process, I think that his days at ND are numbered.
He either misrepresented the nature of his work with USAG or performed that work in a negligent, possibly callous, manner.
swarbrick touted and used his USAG role to self promote and validate himself. Now he would like for that role to disappear. A simple question for him, "you publicly touted your proximity to elite coaches for 35 years. Why is there now a void in your ND bio with no reference to that experience?"
created the late 90s policy not to investigate complaints? This was deposition testimony (link).
He names Jack.
As a reasonable person, do you posit that “the lawyers” created a sexual abuse policy a priori as a theoretical exercise?
and so much of the activities around these types of issues was managed by our attorney, and it still is today, because the investigative process and things like that are all done through legal counsel."
Oops...
PS "Our attorney" = swarbrick. Also, with the missing "link" in saucy's bio will he still lay claim to being around elite coaches for 35 years? Or, will he explain away his hiatus...
USAG knew nothing about over 300 sexual abuse accusations involving over 50 pedophiles.
Both you and Vair have minimized the extent of the scandal to nassar. I’m not sure if that was deliberate or an oversight.
Vairish84 “Some of it should have been stopped. There were clearly adults who knew, but none of them really challenged any of it. Nassar manipulated the adults as much as he abused the girls.”
austindomer "If Swarbrick did indeed help write the sexual harassment policy for USAG, then this scandal, even if he was unaware of Nassar's actions, reflects very poorly on him professionally and could be used as grounds to terminate him."
Why did both of you ignore the scores of other pedophiles, some jailed and over 360 victims?
Why do you avoid not one but 2 USAG headquarter enabling policies that were in full force under swarbrick’s tenure? “Hearsay” and allowing pedophiles to change venues?
Saucy under oath:
Q. Let's go through those real quick. Are you aware of any sexual misconduct scandals involving coaches and athletes in USA Gymnastics?
A. Yes.
Q. Have you advised USA Gymnastics in that situation?
A. They were clients.
Q. And you're not going to say whether or not you advised them on sexual misconduct?
A. I'm not going to talk about anything I advised them on specifically.
Wow, that is some forthright testimony from the man who according to Vair, "USA gymnastics had a sexual assault policy, and a good one. JS helped write it;"
"Legal experts and child advocates expressed alarm about that approach, saying the best practice is to report every allegation to authorities. Laws in every state require people to report suspected child abuse.
“USAG failed at this,” said Lisa Ganser, whose daughter filed the Georgia lawsuit, which is still being argued. “USA Gymnastics had enough information, I think, to have done something about this. It didn’t have to happen to my daughter, and it didn’t have to happen to other little girls.”"
swarbrick finds himself dead smack in the middle of the most vile sports scandal in the history of the USA. You can throw him all the speculative lifelines in the world. He’s going to be put to task in the worst way. Right now he is praying for a settlement of sorts. He’s in the cross hairs of some very powerful people. ND would be wise to cut him loose so he can focus on his defense.
PS I am guessing that ND’s PTB haven’t asked him squat. The information they need is “privileged” for now. However, imo if they have asked him and he invoked privilege those would have been his last words as an employee. Lastly, the guy absolutely stinks at his job as AD. He's not worth a plugged nickel.
My knowledge is of the Nassar trial as that's what's being given top billing; I had heard something of other violations being alleged, but was not aware that there were so many.
Obviously, that changes my opinion on the matter and I'll cop to being wrong above. Were it just one guy who managed to pull the wool over Swarbrick's eyes as he had so many others, I'd be willing to give Jack the benefit of the doubt. But since it's a pattern, ignorance is exceedingly unlikely.
deposition testimony, research articles, trials, the Daniels Report and other information sources relating to the USAG's failure to protect adolescent girls. (I've pointed out that there will probably be a young male victim side to this and that has also started).
These girls (many now women) and their families deserve justice. The problem at the USAG was systemic, decades long and fueled by 2 executive policies emanating from USAG HQ. Both USAG presidents that book end swarbrick's career at the USAG confirm that those policies were in place for swarbrick's tenure. One named swarbrick while under oath.
In addition to the disastrously flawed oversight was a HQ culture of "see no evil", "speak no evil", hear no evil"... protect the brand.
(sound familiar?)
The University of Notre Dame's AD was the # 1 voice of legal counsel for the USAG while over 50 predators moved throughout their ranks drumming up over 360 complaints. Unbelievably, many complaints were tossed into a drawer at USAG HQ. Here are some cases that involved convictions under swarbrick's watch....
Start with this frightening example which points to the USAG/swarbrick's negligence...
"The girl’s family was shocked to discover the history of complaints against Schiefelbein, which came to light only after prosecutors subpoenaed records from USA Gymnastics."
"USA Gymnastics would not disclose the total number of sexual misconduct allegations it receives each year. But records show the organization compiled complaint dossiers on more than 50 coaches and filed them in a drawer in its executive office in Indianapolis. The contents of those files remain secret, hidden under seal in the case filed by Ganser’s daughter. IndyStar, as part of the USA TODAY Network, filed a motion seeking to make the files public. The judge in that case has not yet ruled."
"USA Gymnastics had compiled a thick file of complaints about coach Mark Schiefelbein years before he was charged with molesting a Tennessee girl when she was 10 years old. The girl’s family contacted police in 2002. Schiefelbein penetrated her with his finger multiple times, according to police records. He also videotaped her exposed vagina for what he called “training purposes, so he would know where not to touch her.” The girl’s family was shocked to discover the history of complaints against Schiefelbein, which came to light only after prosecutors subpoenaed records from USA Gymnastics. A jury in Williamson County, Tennessee, convicted him in 2003 of seven counts of aggravated sexual battery and one count of aggravated sexual exploitation of a minor. He is serving a 36-year prison sentence.
• USA Gymnastics had a sexual misconduct complaint file on James Bell at least five years before his 2003 arrest for molesting three young gymnasts in Rhode Island. It’s unclear what allegations were contained in that file. But IndyStar found prior police reports on Bell in Oregon. In 1990, an underage gymnast told police that Bell had climbed on top of her and told her he wanted to take off her pants. In 1991, a 10-year-old gymnast said Bell stuck his hand inside her shirt and pinched her breast. Bell wasn’t charged and continued coaching until his former employer reported him to police in Middletown, Rhode Island. He went on the run in 2004 and wasn’t rearrested until last year. Bell pleaded guilty in December in Newport County, Rhode Island, to three counts of child molestation and is serving eight years in prison.
• USA Gymnastics received at least four complaints about coach William McCabe as early as 1998. One gym owner warned the organization in 1998 that McCabe “should be locked in a cage before someone is raped.” USA Gymnastics never reported the allegations to police and, according to federal authorities, he began molesting an underage girl in 1999. McCabe continued to coach children for nearly seven more years, until Lisa Ganser went to the FBI with concerns about emails to her then-11-year-old daughter. McCabe was charged with molesting gymnasts, secretly videotaping girls changing clothes and posting their naked pictures on the internet. He pleaded guilty in 2006 in Savannah, Georgia, to federal charges of sexual exploitation of children and making false statements. He is serving a 30-year sentence."
jack swarbrick is milking Notre Dame for every red dime he can get. He has also used the University's relationships to secure employment for his children. His AD record is abysmal and includes: ND football's worst NCAA scandal culminating with vacated wins, multiple deaths, a HC hire who has under-performed while regularly providing on and off field embarrassing incident after embarrassing incident, winning National Championships at a slower pace than his immediate predecessor who was awful, a UA agreement that is paltry compared to others... just where has he succeeded? Digital media? bwahaha, making the stadium a year round asset? bwahaha The guy is not suited for the job. There is zero value added and in fact Notre Dame's reputation has been lowered under his watch. imo The USAG/swarbrick/ND connection will further lower our reputation by association.
At the end of the day we have an AD and a FB HC who are grasping at straws. There's no plan it's an annual crap shoot. swarbrick is out of opportunities as is kelly.
jenkins had better wake up fast because his press conferences are about to make his NCAA BS pcs look like reading a children's book.
The gymnasts deserve justice and ND does not deserve to be dragged through the mud by association.
Cross wrote:
"try to understand that scienter is not the primary issue"
and then you wrote:
"no one on this board has any direct knowledge of Swarbrick's awareness of the matter, therefore no one can conclusively claim that he has scienter"
And then jt wrote:
"Andy's point is that him knowing about any abuse is not the issue; the issue is whether he helped create an environment that enabled the guy to abuse"
and then you wrote:
"My point is that there's no evidence (as of now) that Swarbrick had knowledge of the abuse."
So you are repeatedly being told that the issue is not what Swarbrick knew, and repeatedly arguing against the point no one is making.
What part are you not getting?
What is SCIENTER?
Lat, Knowingly. The term is used in pleading to signify an allegation (or that part of the declaration or indictment which contains it) setting out the defendant's previous knowledge of the cause which led to the injury complained of, or rather his previous knowledge of a state of facts which it was his duty to guard against and his omission to do which has led to the injury complained of.
The insertion of such an allegation is called "laying the action (or indictment) with a scienter."
And the term is frequently used to signify the defendant's guilty knowledge.
Scienti et volenti non fit injuria. Bract, fol. 20. An injury is not done to one who knows and wills it Scientia sciolorum est mixta ignoran- tia. 8 Coke, 159. The knowledge of smat- terers is diluted ignorance Scientia utrimque par pares contra- hentes facit. Equal knowledge on both sides makes contracting parties equal. 3 Burrows, 1905. An insured need not mention what the underwriter knows, or what he ought to know. Broom, Max. 772.