Opinion: Pressing Questions about the NWSL Settlement

* Disclosure: The author previously worked for the Chicago Red Stars under Arnim Whisler’s ownership.

02/11/25  •  229 Views

Women's Soccer
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On February 5th, 2025 it was announced that the National Women’s Soccer League Players Association (NWSLPA) alongside the Attorneys General of Illinois, New York, and D.C. had reached a settlement with the National Women’s Soccer League (NWSL) regarding the systemic misconduct that came to light in 2021 after multiple players from across the league came forward publicly with abuse they had suffered from coaches.

This resulted in U.S. Soccer launching an investigation that resulted in what is colloquially known as the Yates Report, as well as the NWSL and NWSLPA launching a joint investigation that also resulted in a report.

The settlement covers various corrections to previous pitfalls of the league, and it includes a $5 million Player Restitution Fund.  

The full settlement agreement can be read here.

After reading the settlement I was left with many questions - these are my most pressing.

 

1. First and foremost: How is $5 million dollars enough?

The settlement states that, “The Attorneys General find that the NWSL was permeated by a culture of inappropriate and abusive behavior, including sexual harassment and harassment and discrimination based upon gender, race, and sexual orientation.”

Players that have publicly accused NWSL coaches of abuse include Kaiya McCullough, Christen Press, Samantha Johnson, Jen Hoy, Erin Simon, Sinead Farrelly, and Mana Shim. In my opinion, these players alone should each receive millions - although no amount of money could make up for the repercussions to their careers and their personal suffering.

With so many more unnamed players throughout media reporting, the Yates Report, the NWSL & NWSLPA joint investigation report, and the possibility that there are players that have not yet come forward, it makes me wonder how the $5 million figure was thought to be sufficient.  

Furthermore, it appears the fund is already down to $3 million dollars.

“Claims against the NWSL by two players identified by the NWSL to the Attorneys General that have been settled may be paid in the net amount of $1 million from the Fund.”

 

2. Why did NWSL clubs’ owners get off scot-free?

Across the NWSL, several owners were essentially forced to sell their ownership of NWSL clubs in the wake of the abuse scandals – which is likely the answer to this question. This includes Arnim Whisler of the then named Chicago Red Stars (now Chicago Stars), Merritt Paulson of the Portland Thorns, and Steve Baldwin and Bill Lynch of the Washington Spirit.

Thankfully these owners are no longer a part of the league - though unconscionably Merritt Paulson still owns the Portland Timbers of the MLS. However, it is unjust that these owners were able to walk away with tens of millions of dollars from the sales of these clubs - money they made off the backs of the players - while players get short-changed with splitting $5 million.

 

3. Why did the attorneys general not seek a settlement with U.S. Soccer?

The U.S. Soccer Federation (USSF) is not named as a respondent of the assurance. This might have something to do with jurisdiction and/or some legal technicality that most players were under contract with the NWSL and not USSF – though until 2022 U.S. Women’s National Team players were contracted to play in the NWSL through USSF and not the NWSL.

Whatever the reason, it seems unjust. USSF’s own investigation (the Yates Report), gives details that show that USSF was complicit in misconduct festering in the NWSL.

USSF was told multiple times about Paul Riley (who coached for the Portland Thorns, WNY Flash, and North Carolina Courage) and Rory Dames (who coached for the then named Chicago Red Stars). USSF even went so far as to hire Christy Holly about a year after Sky Blue allowed him to step down due to his misconduct.

The Yates Report details how informed USSF was regarding Riley.

… the issue of Riley’s sexual misconduct was brought to the attention of individuals in the League and/or the Federation every year from 2015 until 2021.

This includes current USSF President, Cindy Parlow Cone, being told in 2019 when she was USSF VP about Paul Riley’s misconduct from a “well-established agent” when Riley’s name came up in media shortlists for the USWNT coaching job.

This agent conveyed to Cone that Riley had allegations against him for misconduct.

“Riley should not be considered for the National Team Head Coach position. The agent recalled being vague… but conveyed that it was serious misconduct.” Cone “recalled this conversation… she believed she surmised that it was sexual misconduct. 

According to the Yates Report, Christen Press first raised concerns about Rory Dames’ abuse in 2014 to USSF through then President Sunil Gulati. Player surveys in 2014, 2015, and 2017 included complaints about Dames. Press again raised concerns about Dames in 2018, which resulted in USSF finally commissioning an investigation, but resulted in USSF taking no action. 

Everyone interviewed by the Yates investigation with knowledge of how Christy Holly came to work for USSF recalled that B.J. Snow brought Holly into the fold.

However, the report notes that then USWNT head coach Jill Ellis also was involved in the hiring of Holly.

 “… ultimately made the decision to hire Holly, she did not undertake any due diligence, background checks, or reference checks before hiring Holly… In terms of due diligence, Ellis said they knew what they read in the papers but did not dig into rumors.”

Had USSF not helped to rehabilitate and legitimize Holly, he might not have ended up as the head coach at Racing Louisville.

Per the settlement, it is clear that policies weren't a priority to USSF.

“For most of its existence, the NWSL was administered by the United States Soccer Federation (“USSF”), and as set forth below they failed to implement even the most basic workplace antidiscrimination policies.”

USSF didn’t only administer the NWSL – the NWSL is sanctioned by USSF and the federation has updated their Pro League Standards to align with recommendations from the Yates Report.

Shouldn’t USSF also pay restitution to players?

 

4. Why were subpoenas only given to the NWSL and Washington Spirit?

The settlement details that the NWSL has an undercurrent of abuse.

The Attorneys General find that the NWSL was permeated by a culture of inappropriate and abusive behavior, including sexual harassment and harassment and discrimination based upon gender, race, and sexual orientation.”

According to the settlement, the findings were based on the Yates Report, the NWSL and NWSLPA joint investigation’s report, and “documents produced by the NWSL and the Washington Spirit in response to subpoenas issued by the Office of the Attorney General for the District of Columbia.

Given that only three attorneys general were involved, that likely limited the subpoena power, but it doesn’t appear that the Attorney General of New York or Illinois issued subpoenas.

 

5. Why weren’t more attorneys general involved?

The answer likely has to do with politics, but it seems like an oversight to not have involved other states’ attorneys general. Christy Holly was a major part of the Yates Report and the NWSL and NWSLPA joint investigation’s report, yet neither the New Jersey nor the Kentucky Attorney General (the states where Holly coached) were a part of this settlement.

The New York Attorney General had jurisdiction because Paul Riley coached the WNY Flash. However, neither the Attorney General of Oregon nor North Carolina (states where Riley also coached) were involved.

Paul Riley, Christy Holly, and Rory Dames are the three most infamous coaches of the NWSL abuse scandals. However, the systemic abuse was not limited to these three coaches. Texas, Utah, Florida, Washington, and Missouri all also have NWSL’s teams that “parted ways” with coaches due to misconduct, so it seems that the attorneys general of those states also should have been involved in this settlement.  

 

6. Why does it seem this was done in secret?

The answer might be that since it appears the goal was to settle “in lieu of commencing a statutory proceeding for violations…” of laws, it was prudent for the attorneys general not to announce their investigation and this settlement until everyone signed on the dotted line.

However, although members of the media were informed of a press conference, the press conference has been difficult to find. You can read more here on the website of the Office of the Attorney General for the District of Columbia. At the end of the article is a Facebook Watch of the press conference. 

 

7. Did players know this was happening before it was announced?

Players - past and present - should have been told about this well before it was publicly announced. Statements from the settlement do little to assure that the players/victims had a say in this settlement.

“Respondent accepts these findings and has agreed to this Assurance in settlement of the violations described above and to avoid the time, expense, and distraction of litigation.”

“The Attorneys General find the relief and agreements contained in this Assurance appropriate and in the public interest.”

That is all well and good, but did the players/victims think that the assurance was appropriate and in their interest? The NWSLPA was involved, so hopefully their leadership didn’t act unilaterally.

 

8. Are there retroactive components?

The following two quotes are from the assurance:

“The effective date of the assurance shall be February 1, 2025.”

 “For the next three (3) years, the NWSL shall provide a report to the Attorneys General every six (6) months (beginning six months after the effective date of this agreement) with two components… The second component is a report of any complaints, formal or informal, alleging misconduct involving player or staff safety and wellbeing, and the status of the resulting investigations, if any.”

The Yates Report was released on October 3, 2022 and the NWSL and NWSLPA joint investigation was released on December 14, 2022. Will the NWSL be required to provide complaints that were not a part of those investigations but made before the effective date of the assurance?

Most notably, the NWSL and San Diego Wave are currently being sued by six former female staff for similar allegations that resulted in this settlement for players. The NWSL has said that they investigated the Wave multiple times and found no wrong-doing. Will the NWSL be required to give a report to the attorneys general about the Wave complaints and investigations?

 

Albert Einstein said, “Learn from yesterday, live for today, hope for tomorrow. The important thing is not to stop questioning.” My hope for tomorrow is that people (and the media in particular) don’t stop questioning the NWSL and U.S. Soccer.

Former Utah Royals player, Carly Nelson, recently spoke out about “the emotional and psychological abuse [she] endured” while playing for the club in 2024 and that “this problem goes beyond individual experiences – it’s systemic.” Hopefully, she is listened to and action is taken quicker than it happened for previous NWSL players.

2 Comments
Abby Hammer
Abby Hammer
11 days ago

Yoooo, these are GREAT questions. But also, they're IMPORTANT!!!! Thank you for asking - I sure hope they give answers eventually.

(But lets be honest, they won't answer squat)

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Alyssa Salter
Alyssa Salter
11 days ago

These are great questions! I hope we get more information soon.

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