Strine v. United States Center for Safe Sport, The

CourtDistrict Court, D. Colorado
DecidedSeptember 25, 2025
Docket1:24-cv-02329
StatusUnknown

This text of Strine v. United States Center for Safe Sport, The (Strine v. United States Center for Safe Sport, The) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Strine v. United States Center for Safe Sport, The, (D. Colo. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Philip A. Brimmer

Civil Action No. 24-cv-02329-PAB-TPO

DEREK STRINE,

Plaintiff,

v.

THE UNITED STATES CENTER FOR SAFE SPORT,

Defendant.

ORDER

This matter comes before the Court on Defendant United States Center for SafeSport’s Amended Motion to Dismiss or, in the Alternative, to Compel Arbitration [Docket No. 31]. Plaintiff Derek Strine filed a response, Docket No. 36, and defendant the United States Center for Safe Sport (“the Center”) filed a reply. Docket No. 37. I. FACTUAL BACKGROUND1 Mr. Strine operates a business, Barnstable South, that trains horses to compete in the “equine discipline of eventing,” a sport in which a rider and her horse compete in cross country jumping, dressage, and show jumping. Docket No. 1 at 4, ¶ 8 & n.2. The Center is a not-for-profit corporation that “claims exclusive jurisdiction to review allegations of sexual abuse and misconduct within U.S. Olympic or Paralympic

1 The facts below are taken from plaintiff’s complaint, Docket No. 1, and are presumed to be true, unless otherwise noted, for purposes of ruling on defendant’s motion to dismiss. Brown v. Montoya, 662 F.3d 1152, 1162 (10th Cir. 2011). organizations and within what it self-defines [as] the ‘Olympic Movement.’” Id. at 2, ¶ 3. Under its jurisdiction, the Center exercises the ability to review allegations of sexual abuse within the United States Olympic and Paralympic Committee (“USOPC”) and the sport-specific national governing bodies (“NGBs”) (collectively the “Olympic Movement”). Id. at 2-3, ¶ 3.

While operating Barnstable South, Mr. Strine met a woman, referenced as E.D. Id. at 5, ¶ 9. Mr. Strine and E.D. had no “business or personal relationship arising out of sport,” and E.D. was never an “employee, subordinate, contractor, or student to or of Mr. Strine at his facility or with regard to sport.” Id., ¶ 11. In November 2019, Mr. Strine and E.D. went to dinner together and later engaged in “consensual intimate relations.” Id., ¶ 10. On or about September 21, 2023, Mr. Strine received a Notice of Allegations and Imposition of Temporary Measures (the “E.D. Notice”) from the Center via email. Id., ¶ 12. Through the E.D. Notice, Mr. Strine learned for the first time that E.D. filed a

complaint with the Center, claiming that she did not consent to their intimate relations in November 2019. Id., ¶ 13. The Center alleged that Mr. Strine was a “participant,” as defined in the Center’s Code of Conduct, because Mr. Strine was a member of the United States Equestrian Federation (“USEF”) and the United States Eventing Association (“USEA”). Id., ¶ 14. USEF and USEA are NGBs that permit the Center, pursuant to a Master Services Agreement, to govern the conduct of their respective members. Id. After the E.D. Notice was issued, Mr. Strine was unable to obtain credentials to attend the 2023 Pan American Games in Santiago, Chile. Id. at 9, ¶ 34. Without notice, a hearing, or “assessment” regarding whether the Center has “subject matter jurisdiction over events allegedly occurring between two adults outside of sport,” the Center “suspended Mr. Strine’s business activities as they related to sport.” Id. at 6, ¶ 15. The E.D. Notice imposed the following “Temporary Measures”: Temporary Suspension Beginning on September 21, 2023 Respondent is prohibited from participating, in any capacity, in any event, program, activity, or competition authorized by, or under the auspices of [] the United States Olympic & Paralympic Committee (USOPC), the National Governing Bodies recognized by the USOPC, a Local Affiliated Organization as defined by the Code, or at a facility under the jurisdiction of same.

No Contact Directive During the pendency of the Center’s investigation, Respondent is prohibited from communicating in any with E.D. Communication includes, but is not limited, to contact by phone, through email or text message, via any social media application or other electronic medium, in-person interactions (verbal and non- verbal), or contact facilitated through a third party. Should Respondent and E.D. happen to be in the same place at the same time, in addition to refraining from any form of contact, Respondent must make reasonable efforts to keep their distance and avoid getting too close to Claimant(s). Please contact the Center if you have any questions about this Directive.

Id., ¶ 16.

V.D., another woman who had a “consensual intimate encounter” with Mr. Strine, filed a complaint with the Center that “made essentially the same factual claim” against Mr. Strine as E.D. had. Id., ¶ 17. At no time did Mr. Strine and V.D. have a “business or personal relationship arising out of sport” and V.D. was not “ever an employee, subordinate, contractor, or student to or of Mr. Strine at his facility or with regard to sport or the Olympic Movement.” Id., ¶ 18. Mr. Strine received a second notice from the Center that imposed the same Temporary Measures (the “V.D. Notice”) as those described in the E.D. Notice. Id., at ¶ 19. In January 2024, the Center sent Mr. Strine a third notice that claimed Mr. Strine had attended a horse show (the “January 2024 Notice”), which violated the Temporary Measures imposed in the E.D. Notice and V.D. Notice. Id. at 7, ¶ 22. The Center continued to impose the Temporary Measures against Mr. Strine pursuant to the January 2024 Notice. Id. Mr. Strine responded to the January 2024 Notice, stating he

went to a “public restaurant, which happened to have a view of a horse show grounds.” Id., ¶ 23. Mr. Strine responded that he had not participated “in any way, in any horse show.” Id. Based on Mr. Strine’s dining at the restaurant, the Center continued the Temporary Measures. Id., ¶ 24. Mr. Strine did not receive a hearing before the continuation of the Temporary Measures. Id. The Center sent Mr. Strine another notice that amended the E.D. Notice and V.D. Notice. Id., ¶ 25. The Center claimed that Mr. Strine “utilized an intoxicating substance[]” during the course of conduct alleged by E.D. and V.D. Id. As a result, the Center continued the Temporary Measures. Id. Mr. Strine was not given a hearing

before the Temporary Measures were continued. Id. The notices did not contain “any supporting documentation” or “copies of the underlying complaints” that were submitted to the Center. Id. at 8, ¶ 26. The notices “merely provided the scantest [] summary of the alleged events,” prejudicing Mr. Strine’s “ability to cogently respond” to the notices. Id. Mr. Strine was placed on a list of people subject to restrictions imposed by the Center (“the List”). Id., ¶ 28. The List is publicly available online and maintained by the Center. Id. Mr. Strine did not have a hearing before he was placed on the List. Id. On June 5, 2024, the State of Florida banned any person who is on the List from being at a state park during a horse show. Id. at 9-10, ¶ 35. Due to the List, USEA withdrew approval for Mr. Strine to host three eventing competition dates and will not allow a third party lessee to hold eventing competitions at Mr. Strine’s facility, Barnstable South. Id. at 10, ¶ 37. Due to the “USEA ban,” the value of Barnstable South has depressed by at least $1.5 million. Id. The “negative innuendo” from Mr. Strine being on the List has

resulted in at least three of his “horse transactions” being canceled or failing to close. Id., ¶ 38. II. LEGAL STANDARD A. Federal Rule of Civil Procedure 12(b)(6) To survive a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure

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