So about the question about an instance of Safe Sport or an NGB handing down a lifetime ban to someone based on conduct involving one single victim, when both the accused person AND the victim both say there wasn’t a sexually consummated relationship, and the situation was not prosecuted in a court of law?
I support the ban. I totally think USEF and SafeSport did the right thing. And the report USEF put out following their decision to ban Mr. Cates (It’s only a few paragraphs) is a major factor. It states that they had recordings of the two speaking, thousands of sexualized text messages that went back and forth, and that the evidence did indicate he had groomed the girl for a lengthy period of time, and had sexual with her while she was a minor. USA Today in their article about said this went on recently - within the last decade. The ruling came down in 2015. The girl was allegedly 16 or 17 when the actual physical relationship was consummated, the texting and grooming began a few years before that. Mr. Cates was in his mid 40’s.
The prosecutor apparently did not prosecute because at the time, the girl refused to cooperate. I do not know what her story is now, but I would not be surprised if, in the future, her story changes and she comes forward and says that there was sex. I think most people reading anything to do with this case would have a similar take on it.
Mr. Case was also banned by the UPHA. Lifetime ban. They had an agreement with USEF for reciprocal measures. But they also had their own by laws. So their board did review everything related to his hearing in front of USEF, the fact that he had an attorney for the hearing, he said nothing in his own defense (at the USEF hearing), and they also had access to the same evidence USEF did. They ruled the same way… on the same facts… lifetime ban. And Mr. Cates appealed his bans to the Kentucky Court of Appeals (not sure how that worked legally) but they ruled on it in 2016 or 2017, and the decision was that the UPHA lifetime ban was enforceable, and there was not a violation of Mr. Cates due process rights or anything inherently unfair about the processes USEF and UPHA went through before deciding on the lifetime ban.
So what do other people think… should USEF have banned him? Does it make a difference to you that you know about the age of the victim, the evidence that there was a sexual relationship (texts, recordings, diary)? To me - it makes a big difference and I think it is fairly easy to say the ban is appropriate. She was a teenager, and he was in his mid 40’s. The fact that we are only talking about 1 victim, and the fact that both he and the victim deny having sex doesn’t matter to me in this case. Because when he was under oath at the USEF hearing with his attorney at his side… guess what? He said nothing. And the teenager was just a teenager, and this guy totally manipulated her. It seems clear.
I also think all the people trying to pick apart Safe Sport and make arguments against it should think about this particular case, and ask themselves what they think the right solution is for it? To do nothing? No Safe Sport? What about in the case of RG? If people had a summary report regarding the allegations and some of the evidence that was reviewed, would it possibly change their minds? RG also had a lawyer, and he had the opportunity to appeal the lifetime ban. He ended his life before his appeal hearing. And that is absolutely tragic. And I understand people are in shock and grieving.