Vaulting into the End Zone': How Lessons from the Senate's USA Gymnastics Investigations Can Prevent the House from Fumbling its Washington Commanders Inquiry

• Author: Stephanie Rigizadeh
• Position: J.D., Georgetown University Law Center (expected May 2023); B.A., Princeton University (2015)
• Pages: 1071-1094

“Vaulting into the End Zone”: How Lessons from

the Senate’s USA Gymnastics Investigations Can

Prevent the House from Fumbling its Washington

Commanders Inquiry

STEPHANIE RIGIZADEH*

INTRODUCTION

Weeks after the United States Women’s Gymnastics Team won silver at the

2020 Tokyo Olympics,

1

See ICYMI: Simone Biles Out as Team USA Earns Silver in Women’s Gymnastics Team Final at Tokyo

Olympics, ESPN (July 27, 2021), https://www.espn.com/olympics/story/_/id/31890675/icymi-simone-biles-

team-usa-earns-silver-women-gymnastics-team-finals-tokyo-olympics [https://perma.cc/BRE9-46A7].

decorated medalist Simone Biles sat near the end of a

long witness table in the Hart Senate Office Building.

2

Dereliction of Duty: Examining the Inspector General’s Report on the FBI’s Handling of the Larry

Nassar Investigation: Hearing Before the S. Comm. on the Judiciary, 117th Cong. (2021), https://www.

judiciary.senate.gov/meetings/dereliction-of-duty-examining-the-inspector-generals-report-on-the-fbis-handling-

of-the-larry-nassar-investigation [https://perma.cc/8UCS-YPHE].

Biles, “the greatest

gymnast of a generation,”

3

Jane McManus, Why Does it Always Come Down to the Victims Having to Do the Work?, DEADSPIN

(Sept. 16, 2021, 10:09 AM), https://deadspin.com/why-does-it-always-come-down-to-the-victims-having-to-d-

1847687194 [https://perma.cc/G7RY-M66D].

was joined by her teammates and fellow abuse sur-

vivors: McKayla Maroney, Maggie Nichols, and Aly Raisman.

4

“We suffered

and continue to suffer because no one at FBI, USAG, or the USOPC did what

was necessary to protect us,” she said.

5

“We have been failed and we deserve

answers.”

6

Id. “USAG” stands for USA Gymnastics. About USA Gymnastics, USA GYMNASTICS (last visited Apr.

17, 2022), https://usagym.org/pages/aboutus/pages/about_usag.html [https://perma.cc/6MHD-FT93]. “USOPC”

stands for “United States Olympic & Paralympic Committee.” U.S. Olympic Committee Changes Name to U.S.

Olympic & Paralympic Committee, TEAM USA (last visited Apr. 17, 2022), https://www.teamusa.org/media/

news/usopc/062019-US-Olympic-Committee-changes-name-to-US-Olympic-and-Paralympic-Committee [https://

perma.cc/J4QD-QTCK]. Because the USOPC name changed after the rst Senate investigation, this Note uses both

acronyms. See id.

These survivors’ testimonies before the Senate Judiciary Committee served as

the most recent congressional hearing on sexual abuse within USA Gymnastics.

7

Three years prior, Senators Jerry Moran (R-Kan.) and Richard Blumenthal

* J.D., Georgetown University Law Center (expected May 2023); B.A., Princeton University (2015).

© 2022, Stephanie Rigizadeh.

1.

2.

3.

4. Dereliction of Duty: Examining the Inspector General’s Report on the FBI’s Handling of the Larry

Nassar Investigation: Hearing Before the S. Comm. on the Judiciary, 117th Cong. (2021).

5. Id. (statement of Simone Biles).

6.

7. Dereliction of Duty: Examining the Inspector General’s Report on the FBI’s Handling of the Larry

Nassar Investigation: Hearing Before the S. Comm. on the Judiciary, 117th Cong. (2021).

1071

(D-Conn.) launched a bipartisan investigation into USA Gymnastics (USAG) and

the U.S. Olympic Committee (USOC).

8

See Press Release, Sen. Jerry Moran, Sens. Moran, Blumenthal Demand Answers from USA Gymnastics,

US Olympic Committee & Michigan State Univ. Regarding Systemic Failures to Protect Athletes from Sexual

Abuse (Jan. 25, 2018), https://www.moran.senate.gov/public/index.cfm/news-releases?ID=C5406CB7-E849-

455B-B9A7-C7FE0236A447 [https://perma.cc/7YYD-C8C3].

On February 3, Congress heard from five more survivors—this time, former

Washington Commanders employees who alleged “sexual harassment and verbal

abuse within” the organization.

9

See Press Release, H. Comm. on Oversight and Reform, Oversight Comm. to Hold Roundtable with

Former Wash. Football Team Employees on Rampant Workplace Misconduct, Sexual Harassment (Jan. 27,

2022), https://oversight.house.gov/news/press-releases/oversight-committee-to-hold-roundtable-with-former-

washington-football-team [https://perma.cc/V7KW-EQMW].

Five months after the Senate Judiciary

Gymnastics hearing, the House Oversight Committee held its first public roundta-

ble during its investigation into the Washington Commanders’ “workplace mis-

conduct.”

10

The Oversight Committee’s inquiry followed the NFL’s failure to

publish a report on its investigation into the team

11

See Will Hobson & Liz Clarke, Daniel Snyder Pledged Support for the NFL’s Investigation. His Actions

Tell a Different Story., W

ASH. POST (Dec. 14, 2021, 2:55 PM), https://www.washingtonpost.com/sports/2021/

12/14/daniel-snyder-n-investigation/ [https://perma.cc/HY2T-35TG].

—which itself started after

“[m]ore than a dozen women” accused former employees of harassment.

12

Will Hobson & Liz Clarke, From Dream Job to Nightmare: More than a Dozen Women Allege Sexual

Harassment and Verbal Abuse by Former Team Employees at Redskins Park, WASH. POST (July 16, 2020),

https://www.washingtonpost.com/sports/2020/07/16/redskins-sexual-harassment-larry-michael-alex-santos/

[https://perma.cc/GRC7-FM3F].

Survivors have called on Congress to release the NFL investigation findings.

13

Rachel Engleson, The NFL Says It’s Protecting Women Like Me. It’s Only Protecting Dan Snyder’s

Team., WASH. POST (Dec. 23, 2021, 6:00 AM), https://www.washingtonpost.com/outlook/2021/12/23/wft-

harassment-nfl-report/ [https://perma.cc/4YTK-NPVD].

This Note argues that the House Oversight Committee can learn from the

accomplishments and missed opportunities of the Senate USA Gymnastics

investigations to achieve a Washington Commanders inquiry characterized by

bipartisanship, dialogue, and accountability. Part I provides background on the

Senate USA Gymnastics proceedings. Part II summarizes the Washington

Commanders investigation details. Part III analyzes the lessons—accomplish-

ments and missed opportunities—from the Senate USA Gymnastics investiga -

tions. Based on these lessons, Part IV recommends three takeaways for the

Washington Commanders investigation: bipartisanship, hearings with survivors

and NFL leadership, and accountability. Like USA Gymnastics, the Washington

Commanders inquiry serves as a nationally-significant example of sexual miscon-

duct’s stain on sports. Congress must use the lessons from the Senate Gymnastics

investigations to promote accountability and women’s safety in sports.

8.

9.

10. Id.

11.

12.

13.

1072 THE GEORGETOWN JOURNAL OF LEGAL ETHICS [Vol. 35:1071