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USOC file to remove themselves from Jordyn Wieber lawsuit

Asher Fair
SENIOR ANALYST
News
164   //    25 Jul 2018, 05:32 IST

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Jordyn Wieber

The United States Olympic Committee (USOC) have filed to remove themselves as defendants in the lawsuit filed by 2012 Olympic gymnast and gold medalist Jordyn Wieber. Wieber, 23, filed a lawsuit against the USOC for their role in the Larry Nassar sexual assault scandal.

In her lawsuit, the 23-year-old DeWitt, Michigan native contends that the USOC should have done more once they found out about Nassar's predatory actions. According to NBC Sports, the USOC contend that they should be part of “discussions concerning moral and social responsibility for sexual abuse, including legitimate questions about what could have been done to recognize and stop Nassar’s abuse."

However, the USOC also contend that they should not be held responsible for what Nassar did. They contend this because he never worked for the organization, which is effectively an umbrella organization for USA Gymnastics as well as other National Governing Body members for other individual sports. They also contend that his crimes were not foreseeable.

The USOC have also filed to dismiss themselves from lawsuits files against them pertaining to the Nassar scandal by 2012 Olympic gymnast McKayla Maroney and two-time Olympic gymnast Aly Raisman.

Here is what USOC spokesman Patrick Sandusky had to say about the matter, according to NBC Sports.

“Our filing addresses an entirely different question, namely the legal responsibility for Nassar’s crimes."

USOC filed a response seeking to dismiss Wieber's lawsuit in addition to the lawsuits of Maroney and Raisman. Here is some of what they had to say, according to The Blast.

 “Nassar was a full-time employee of Michigan State University and working as the USA Gymnastics team doctor. Both of these organizations are separate and independent from the United States Olympic Committee, which neither employed nor controlled Nassar.”
"A defendant has no duty to protect against the criminal acts of a third party absent a special relationship. Here, the Complaint fails to allege the basis of a special relationship between Plaintiff and USOC.”
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"The Complaint fails to allege any of the requisite mental states which range from an intent to aid Nassar (Masha’s Law), an intent to deceive Plaintiff (constructive fraud), or recklessness as to Nassar’s behavior (intentional infliction of emotional distress). In fact, the Complaint expressly states that USOC was not even aware of Nassar’s misconduct until USA Gymnastics terminated its relationship with him and reported him to law enforcement in 2015.”

The 54-year-old disgraced former USA Gymnastics and Michigan State University physician has been accused of sexually assaulting more than 300 people, many of whom female gymnasts, under the guise of medical treatments for more than two decades.

A 60-year federal prison sentence was issued to Nassar on three child pornography charges this past December. This sentence is the first of three sentences that he has been issued, and he is currently serving it at United States Penitentiary, Tucson in Tucson, Arizona.

Nassar was given his second prison sentence and his first state prison sentence in January. This sentence is for between 40 and 175 years in state prison on seven sexual assault charges. He was issued this sentence after a seven-day sentencing hearing took place in an Ingham County, Michigan courtroom.

During this hearing, Wieber delivered her victim impact statement in front of Nassar himself. She is one of 169 people who did so. Nassar's third prison sentence and second state prison sentence was given to him in February on three more sexual assault changes. This sentence is for between 40 and 125 more years.

This sentence was issued to Nassar following another sentencing hearing, this one a three-day sentencing hearing in an Eaton County, Michigan courtroom during which 65 other people delivered victim impact statements in front of him.

Last month, Nassar was also charged with six counts of second-degree sexual assault of a child in Texas. No additional time, however, has been added to any of his three prison sentences as a result of these new charges.

Asher Fair
SENIOR ANALYST
Beyond the Flag Expert/Editor Sportskeeda Senior Analyst SportsPress Owner
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