Robert “Bob” McDonald Apparently Cleared of Allegations of Sexual Misconduct, Lifting of SafeSport Lifetime Ban

  1. With respect to Debbie’s statement last August that used the word “cleared”, I think the statement was written by a lawyer. It was very misleading in the direction she wanted, but each individual statement was true. Very lawyerly.

  2. With respect to RM’s recent statement about the newspaper story; what a disaster, he talked to a lawyer too late.

  3. More importantly. You lumped the two together as “the McDonalds” and then specifically called for sanctions against Debbie for her lies.
    a) Suppose, counter factually, that Debbie first met Bob at age 26, after what may or may not have happened between RM and the claimants in the early seventies, and after he was divorced, so that she is just the “normal” wife of a man accused of sexual misconduct involving minors. Legally and morally, to what extent should she be entitled to be shielded from the fallout of HIS crimes, especially if they occurred prior to their marriage? In the counter factual case in which she “was not in the picture at the time”, I think she should not be punished for his crime. Even if, as the wife, she issues a deliberately misleading, but technically true, statement.

    b) The new, really tragic twist is that it now looks like Debbie WAS “in the picture” in the two or three year period when the complainants were being groomed and abused. While she was training with and working for RM alongside the underage claimants, we don’t know whether she was or wasn’t a completely parallel underage victim herself. Ex post, her case is different from theirs, because she married the guy and the others didn’t, but during the years of the abuse, she may have been one of (at least) three victims.

I seem to have crossed the line into victim blaming when I used the word “flaky” to describe the fact that I thought the claimants’ refusal to testify (which seemed to have happened at the last minute) contributed to the mess. Poor choice of words. Beyond, words, though, I thought the sentiment was, “How dare you criticize (blame) the victims for anything?” [I certainly was not blaming them for having brought the abuse on themselves.]

I turn this question (well, it’s sort of an accusation) back on you: If the underage victims groomed and abused by RM was a group of young teen students, one of which was Debbie McDonald, why is it OK to blame her for the fallout 46 years down the road?

The case is now being tried in the court of public opinion, and it makes RM look really ugly. IF the arbitration had happened, I would condemn him right alongside GM, RG, etc. But, because of the actions of the claimants, however understandable, he did not get the arbitration. I still feel that his not having gotten his hearing from an independent arbitrator resulting in a prolonged limbo, and a public trial by media, is not entirely fair to him.

But my main issue is with your faulting Debbie “for her lies” and saying she should lose her USDF training role. While she is not a claimant, isn’t she a full fledged victim in this case, victimized as much as the claimants?

ETA If I were in the shoes of the claimant last August listening to the grossly misleading statements about the dropping of the case meaning he had been “cleared”, it would have annoyed me.

However, I assume that at the point that they informed SS that they were refusing to testify, SS informed them that a consequence of their decision was that SS could not uphold the ban and the abuser gets off. Of course he’s going to make statements that misleadingly say he was cleared. Numerous posters in this thread said at the time “of course this DOESN’T mean he’s cleared.”

The claimants had a choice to

  1. testify, despite their dissatisfaction with how SS may have mishandled the investigation, and take a shot at upholding the ban, despite personal costs to themselves, or
  2. not testify and thereby drop their chance to have the ban upheld.

If I were listening to him brag that he had been cleared, a big part of my annoyance would have been directed at myself for deciding not to testify.

I was the victim of a violent, stranger rape on a dark street in my early twenties. I do not equate that sexual assault with the grooming and abuse of 13 and 14 year olds. No suspect was ever identified, so I did not have the opportunity to testify against the rapist. However, if there had been a trial, I would have testified, even though I would anticipate having to answer hideously intrusive questions.

I agree that they are entitled to their decision to decline to testify. But RM falsely claiming that he had been cleared was one of the obvious consequences of that decision.

When the bombshell cancellation of the arbitration was announced, I do remember the word “closed” being used, and DON’T remember a statement that SS reserved the right to reopen the case. It’s surprising to me that they’re saying they could reopen the case now.

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SafeSport is NOT a formal legal process. There are nuances to whether the victims can now initiate a formal legal case (including issues of the statute of limitations) that are very hard to address in the abstract.

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Are you saying that having gone through SS process, the claimants are in a weaker position to bring a civil case? I would think this is way beyond the statute of limitations for a criminal case.

I am under the impression that - depending on the state - statutory rape has no statute of limitation.

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These changes are by state, and very very very recent. Like last two years recent, and vary by state.

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No, she was saying that said poster’s swipe about the US being obsessed with legal processes didn’t really apply here, because safe sport isn’t a legal process, and that legal processes, which again are separate, have their own standards and strictures.

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No I didn’t say that. I was pointing out that a criminal or civil case may have statute of limitations issues that do not apply to SafeSport.

Yes

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For the record, there is a statue of limitations on civil actions as well. The judicial process provides you a remedy for some period of time to file a claim for recoverable damages. That time is not infinite, even in states for which no criminal statute of limitations exists.

The SafeSport process is not a criminal legal process and the remedies available to SafeSport are limited to the remedies available via the voluntary organizations in which the involved parties participate.

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When one of Trump’s sexual assault victims sued him in the last year, it was not for the assault itself, but for defamation for his saying she lied when accusing him of the assault in a book. The assault may have been beyond the statute of limitations, but the his allegation that she lied was recent.

Here, statements by the claimants in the SS case that RM abused them were reported by the newspaper. I wonder if they can sue for defamation on parallel grounds (by denying anything happened, he was calling them liars). Seems tenuous.

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Anyone can try to sue for anything. That doesn’t mean anything comes of it.

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Is that the woman who says she still has the dress with his DNA on it?

If so, I wonder if she can still use that dress as evidence, since the legal issue now is over defamation instead of assault.

I don’t know what evidence she has, but I thought it was a clever way to sue for sexual assault. It was the woman who said he raped her in a dressing room at Macy’s. To prove she’s not a liar, she can trot out all the evidence that she was raped.

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I won’t argue with that!

I’m still puzzled by the refusal to testify, then conducting a campaign in the press. He could threaten to sue them, but probably won’t. Does their going more public somehow set up opportunity for them to sue him?

[quote=“YankeeDuchess, post:164, topic:470855, full:true”]

No sh*t. My question still stands. Some bunch of morons in Washington made this monkey’s tea party possible.

I really don’t understand what you’re saying. I’m sorry if I’m misunderstanding you.

I thought you were questioning why there’s been no legal case. First, for all we know there is a grand jury investigation and it’s not public. Second, there may be reasons why a legal case is not viable (due to statute of limitations or other reasons). Legal limitations may apply under California or other law. They apply even if we happen to feel sympathetic to the victim.

SafeSport isn’t a judicial process. It’s an administrative one. To some extent that means it’s limited. If the victims won’t cooperate, It could be very hard for the process to go forward. It sounds like the key victim here found the process traumatic and withdrew to some extent and that made it too difficult for SS to go forward at this juncture but they could continue in the future if circumstances change. I’m not sure what you expect them to do if these are indeed the correct facts. They need witnesses to make a finding and it sounds like they lost the one they needed.

I’m as aghast as anyone at the allegations but also realistic that not every set of bad facts results in a conviction, judgment, or administrative bar. Sometimes other things get in the way.

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If you hit the picture of your avatar in the upper right corner (highlighted in screen shot below) it will expand (upward) to show the post that the person is replying to.

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Thank you! Useful tip for sure!

Also it was referencing a post from August apparently, and the response demonstrates a complete lack of understanding of what the legal system is and is not. Neato!

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This post was technically responding to me, although, oddly, my post has been edited out of the quote.

@Equibrit, I made no response to your original question, because I could not figure out what “this” referred to. Likewise, when you restated the question here, I have no idea what “this monkey’s tea party” refers to.

@vxf111 is among the most valued contributors to this board, as she is not only a lawyer but a litigator (as I understand it). Her posts are unfailingly civil. She generously attempted to answer your question, but like everybody else, could only guess as what you meant by “this”. Apparently she guessed wrong.

I do not understand exactly what is meant by “monkey’s tea party”, but assume from the context that it is a derogatory term.

Do you care to explain what you mean by “this monkey’s tea party”?

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Back over a year ago, there was a discussion as to whether SS should have the power to compel witness (claimant) testimony. The late, great Denali was adamant that victim/witnesses should not be compelled to testify.
Whether SS has the power to compel testimony or not, it appears that it is not making any attempt to compel testimony from the claimants.

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Wait, what?

What happened to Denali?