Pliuskaitis v. USA Swimming, Inc.

243 F. Supp. 3d 1217, 2017 U.S. Dist. LEXIS 34877, 2017 WL 963202
CourtDistrict Court, D. Utah
DecidedMarch 10, 2017
DocketCase No. 2:15-cv-198-PMW
StatusPublished
Cited by4 cases

This text of 243 F. Supp. 3d 1217 (Pliuskaitis v. USA Swimming, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pliuskaitis v. USA Swimming, Inc., 243 F. Supp. 3d 1217, 2017 U.S. Dist. LEXIS 34877, 2017 WL 963202 (D. Utah 2017).

Opinion

MEMORANDUM DECISION AND ORDER

PAUL M. WARNER, Chief United States Magistrate Judge

On May 27, 2015, all parties consented to having Chief United States Magistrate Judge Paul M. Warner conduct all proceedings in the case, including entry of final judgment, with appeal to the United States Court of Appeals for the Tenth Circuit.1 See 28 U.S.C. § 636(c); Fed. R. Civ. P. 73. Before the court is USA Swimming, Inc.’s (“USA Swimming” or “Defendant”) motion to dismiss, or in the alternative, motion for summary judgment.2 On October 8, 2015, the court held a hearing on the motion. At the hearing, Defendant was represented by Blaine J. Benard and Brent Rychener. Michael Pliuskaitis (“Plaintiff’) was represented by Aaron Gwilliam. Before the hearing, the court carefully considered the motion, memoran-da, and other materials submitted by the parties. After considering the arguments of counsel and taking the motion under advisement, the court renders the following Memorandum Decision and Order.

BACKGROUND

This case involves Plaintiff; his former wife, Teresa Pliuskaitis (“Teresa”); and USA Swimming.3 While Plaintiff and Teresa were married, Teresa owned Snowbird Aquatics, Inc. (“Snow”) in Virginia.4 For part of their marriage, Plaintiff was the head coach of Snow and a coach member of USA Swimming.5

USA Swimming is a service organization of at least 350,000 members whose purpose is to promote the culture of swimming by creating opportunities for swimmers and coaches to participate and advance in the sport through clubs, events, and education.6 USA Swimming is comprised of swimmers from age group level to the Olympic Team, as well as coaches and volunteers, with thousands of swimming clubs across the nation.7

Through the Ted Stevens Olympic and Amateur Sports Act (“Sports Act”), 36 U.S.C. §§ 220501 to 220529, Congress created the United States Olympic Committee (“USOC”) to regulate amateur athletics [1220]*1220and amateur sports organizations, including the Olympic and Pan-American Games. Shepherd v. U.S. Olympic Committee, 464 F.Supp.2d 1072, 1076 (D. Colo. 2006). Under the Sports Act,, the USOC “exercise[s] exclusive jurisdiction, directly or through constituent members of committees, over ... all matters pertaining to United States participation in the Olympic Games.” 36 U.S.C. § 220503(3)(A). In addition, the USOC is “to provide swift resolution of conflicts and disputes involving amateur athletics, national governing bodies, and amateur sports organizations, and protect the opportunity of any amateur athlete, coach, trainer, manager, administrator, or official to participate in amateur athletic competition.” Id. § 220503(8).

The USOC is responsible for selecting a National Governing Body (“NGB”) for each amateur sport. Id. § 220521(a). The USOC recognizes USA Swimming as the NGB for the sport of swimming in the United States.8 As the NGB for swimming, USA Swimming has various obligations under the Sports Act. For instance, USA Swimming must provide “fair notice' and opportunity for a hearing” to any amateur athlete or coach before declaring an individual ineligible to participate in amateur athletic competition. Id. § 220522(a)(8). Pursuant to the Sports Act, USA Swimming promulgated Rules and Regulations that set forth its process and rules for resolving complaints involving its members.

In January 2012, during the pendency of Plaintiff and Teresa’s divorce, Plaintiff alleges that Teresa sent an anonymous report to USA Swimming informing the organization that Plaintiff had engaged in an inappropriate sexual relationship with a minor athlete (“V.M.”).9 V.M. was fourteen years old when she began swimming with Snow in 2006, and she began collegiate swimming at the University of Utah in August 2010.10

Based upon Teresa’s report, USA Swimming filed a Petition with the National Board of Review (“NBOR”) alleging that Plaintiff had violated various. sections of USA Swimming Code of Conduct (“Code”).11 On June 19, 2012, the NBOR issued a Notice of Hearing (“Notice”) for determining whether Plaintiffs membership in USA Swimming should be revoked.12 The Notice set forth the following sections of the Code Plaintiff allegedly violated: (1) Section1304.3.7 of the 2010 and 2011 Codes, (2) Section 304.3.4 of the 2012 Code, (3) Section 304.3.8 of the 2012 Code, and (4) Section 305.1 of the 2012 Code.13 Each of these Codes strictly prohibits any sexual conduct, advances, or behavior directed toward an athlete by a coach member.14

The NBOR conducted an evidentiary hearing on August 1, 2012.15 On August 6, 2012, the NBOR issued its ruling and found that Plaintiff had violated sections 304.3.6 and 304.3.18 of the Code with respect to his relationship with V.M. from 2010 through May 2012.16 Based on this ruling, Plaintiff was permanently banned from membership in USA Swimming.17

[1221]*1221On September 4, 2012, Plaintiff appealed that decision to the Board of Directors of USA Swimming.18 The Board of Directors affirmed the NBOR’s decision in its entirety on February 11, 2013.19 The Board of Directors stated that the NBOR had found that Plaintiff violated Section 304.3.8 of the 2012 Code and Section 305.1 of the 2012 Athlete Protection Policies.20 On February 15, 2013, USA Swimming posted Plaintiffs name on the Individuals Permanently Suspended or Ineligible List; known as the “Banned for Life List” on its website.21 Next to each individual’s name is a hyper-linked citation to the Code Sections that were allegedly violated.22 Next to Plaintiffs name, USA Swimming published citations to Sections 304.3.5 of the 2010 Code of Conduct, 304.3.7 of the 2011 Code, 304.3.4 of the 2011 Code, and 304.3.8 of the 2012 Code.23 While Section 304.3.7 of the 2010 Code concerns the use of illegal drugs in the presence of an athlete by a coach, USA Swimming did not make that allegation in its petition or to the NGB.24 USA Swimming has acknowledged that there was a clerical mistake with regard to the specific Code provisions listed on its website.25

Plaintiff then filed an initial Demand for Arbitration dated July 22, 2013, and an Amended Demand for Arbitration dated January 10, 2014.26 In both his initial and amended arbitration demands, Plaintiff asserted that the decisions by the NB'OR and the Board of Directors banning him for life was arbitrary or capricious and violated concepts of fundamental fairness.27

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243 F. Supp. 3d 1217, 2017 U.S. Dist. LEXIS 34877, 2017 WL 963202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pliuskaitis-v-usa-swimming-inc-utd-2017.