David Miller (CA Bar #294-095) Jonathan Little (pro hae application forthcoming) ‘Annemarie Alonso (pro hac application fortheomin Saeed and Lite LLP 135 West Market Stet, #189 Indiangpoi, diane 46204 TELEPHONE: (17) 72-9214 FACSIMILE: (688) 422-3151 Avvomeys for Pisin SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE Sarsh EHEKIRCHER, | case No. Paint, ‘COMPLAINT FOR DAMAGES ws (Z) Sexual Abuse of a Minor UNITED STATES SWIMMING, INC. 2 ) Negligencs ction of Emotional Colorado corporation: James Scott MacFerland, an individual; Mission Viejo Swim Club, « California corporation; and DOES 1 through 100, inclusive, Distress Defendants. lainiff SARAH EHEKIRCHER alleges aguinst UNITED STATES SWIMMING, INC., |2 Colorado corporation; JAMES SCOTT MacFARLAND (“SCOTT MacFARLAND), an individual; MISSION VIEIO SWIM CLUB, a CALIFORNIA corporation; and DOES I through 100, inclusive, as follows: COMMON ALLEGATIONS 1. Sarah was bom in 1968. 2. Sarah stated swimming atthe age of 12. 3. By the time she was 15, she was one ofthe top breaststrokers in Colorado. COMPLAINT FOR DAMAGES2 3 “ 15 16 ” 18 19 20 2 23 Pn 25 26 n 28 4. Except fr one semester of her sophomore year of high school when she lived in Ohio, ‘Sarah swam forthe Mission Viejo Swim Team, which had Colorado nd California locations atthe time ‘5. The Mission Viejo Nadadores (“Mission Viejo") is one ofthe top sivim clubs inthe United Stats. 6. tall selevant times, the Mission Viejo Nadadoces was and is based in Mission Viel, Califor; their address for service is 27474 Casta Del Sol, Mission Viejo, Califor, 92692. 7. Mission Vigo Nadadores were formed in 1968, 8, Atallrelevant times, the Mission Viejo Nadadores was coached by Mark Schubert 9, Mark Schubert isthe current coach ofthe Mission Viejo Nadadores 10, Upon information snd belie, Mark Schubert, orhis wife, or both have an owmershin interest in the Mission Viejo Swim Club 11, Mark Schubert is one of, if not he, most sucessful swim coach in the United States. 12, From 2006-2010, he was the National Team Director of United States Swimming. 15, Schubert hasbeen the coach of, or on the coaching staff of, 8 US Olympic swim teams 14, Schubert has als actively pantcipated inthe coverup of the sexval abuse of mumerous high-level female American swimmers. 15. or example, Schubert was aware thet Arana Kukors was involved ina sexual relationship with her coach, Sean Hutchinson, yet took no actions to protect Kukors. » Plain isnot asering that Mark Schubert molested any underage swimamers: just hat he ctvely participated inthe cover up of several sexual abuse allegations of other coaches and ‘COMPLAINT FOR BANAGES16, Mark Schubert was the coach atthe University of Texas from 1989 10 1992, 117. While coaching atthe University of Texas, Schubert was aware that Rick Cus!” had molested his swimmer, Kelly Davies; Schubert took no action to protect Davies. 18, Schubert took no ection to protet other female swimmers from Rick Curl despite ‘knowing that Rick Cun was a child molester. 19, Infact, in part because of Schubens inactions, Curl was allowed to coach child swimmers in the United States and Australia through 2013. 20. Schubert served on many USA National Team Staffs with Curl, despite Inowing that Rick Curl was a child molester. 21. In 1982, when Sarah was 13, her mother died of eancer. 22, Her father began to struggle with alcoholism. 23, Following her mother's death, swimming became Sarah’s outlet and was a safe place for her emotionally and physically 24, Sarah doubled down on her commitment tothe sport and her increased dedication resulted in improved performances. 25. Sarah's swim coach with Mission Viejo was Soott MacFarland 26. Atall relevant times, Scott MacFarland was a swim coach certified by Defendant United States Swimming, 27. MacFarland had been groomed and selected by Schubert to coach the Colorado extension of the Mission Viejo Nadadores program. ? nipsttwwrw.wasingtonpostcon/localex-swimming-coach-rick-curto-besentenced-in- child-ex-abuse AA was a minimum time standard needed to enter the meet and older referred to athletes over the age of 13. 5 ‘COMPLAINT FOR DAWAGES53, Sarah, and the thee United States Swimming Cosches (Soot, Bob, and Kathy) traveled on to Arizona where Ser and Scott shared a bedroom (and a bed) atthe Gilet’ family home in Phoenix, Arizona, ‘4, Surah and Coach MacFarland had sex in the Gillet’s home in Paradise Valley, Arizona inthe summer of 1986. 55, Bob and Kathy Gillet knew how old Sarah was inthe summer of 1986 156. Bob and Kathy Gilet knew Sarah was not 18 years old inthe summer of 1986 57. In 1986, he age of consent in Arizona was 18 years ol (ati toda. ‘58, Sarah and Scot traveled to Las Vegas, Nevada in the summer of 1986 with USA ‘Swimming ceified couches Bob and Kathy Gillet 59, Sarah and Scot shred a hotel room in Las Vegas; however, the age of consent in Nevada in 1986 was 16 60, The culture of United States Swimming as long condoned adult male coaches having sex with dhe gil they coach (61, As reported by the Orange County Register in Febrary 2018, literally hundzeds of ‘United States Swimming coaches have engaged in sexual relationships with their minor sovimmers since USA Swimming inception in 1978. Jnnpsu/w wow cresster com/2015/02/6nvestigation-usswimming-ignored-sesual sbusefor decades! 62, Iewas not noteworthy or unusual that United States Swimming Cetied Cosch MacFaand was having sex with his tenage swimmer. (63, It was this very culture tht allowed Coach MacFarland to openly “date” Sarah in 1986 ‘ ‘COMPLAINT FOR DAMAGES64, Sarah and Sco had sex in Arizona Califomis, Texas and Nevada before etuming 19 Colorado forthe start ofthe 1986-87 school year (Sara's senior year). 65. Coach MacFarland moved Sarah into a two-bedroom condo he rented and informed, ‘Sarah’ school he was her “guardian.” 66, MacFarland’s aderes at E Stanford Ave, Aurora Co 80015 sled on Sarah's Smokey Hil school records. 67. in elity, Scott MacFarland was not Sarah's “guardian” he was her molester and exploit, 68. USA Swimming socal circles, Sarah and Coach MacFesland openly “dated.” (8. Macerlnd constantly demanded sexual service fom Sarah, 70, MacFaand leveraged the fat he was proving food and shelter to Sarah to gain her sexual servis 1, MacFarland became jealous when Sarah received auention from people he ae. 72, MacFaland controlled who Sarah dated and prohibited her from engaging in noma youth stv like atending dances and dating her pees 73. Coach MacFartandrefsed tlt Sarah get he enor pictures taken 78, Coach MacFarind would spend hours video-taping Sarah, an hen force hero spend ‘ours watching herself on VHS with im. 75, Coach MecFarand would often video tape Sara svimming alone for hours, and then force nerto watch the tapes of herself swimming while he eriqud every stroke, Kick, snd tum 76, These sessions would sometimes last up to six hours. ‘COMPLAINT FOR DAMAGES77. Despite having to sexually servie her USA Swimming cenfied Coach while sila teenager, Sarah continued to swim wel during her tenor of high school 78. By the end of he senior year in May 1987, Sarsh had not commited ta college. 19, Sarah moved to San Diego in May 1987 and swam for Rick Shipperd. 80 tn July 1987, Sara reamed 1 Colorado and resumed swimming for Mission Viejo and Soot MacFarand 81, Sarah swam forthe Mission Vigo Swim Club at USA Swimming Junior Nationals in Mission Viejo, Caifomia in July 1987, 82, As a result of er performance at that meet, Sarah was offered a scholarship tothe University of Arkansas, 83, Sarah chose o attend the University of Arkansas. 84, After she relocated to Fayetteville, Arkansas, Coach MacFarlnd constantly harassed ‘Sarah, wanting to know her wheresbous and with whom she was spending her time 85, When Sarah came home for Thanksgiving, Coach MacFarland demanded sexusl access to Sanh {86 Scott impregnated Sarah forthe fist time around the end of November 1987, ST. She was 18 years ld 88, Surah aborted the pregnancy in January 1988. 89, Coach MacFerland continued to pressure and harass Serh though the remainder of her freshman yer at the University of Arkanses. 90, Sars left the University of Askanss and moved back to Colorado to live with Coach MacrFarland 91, Coach MacFarland continued to coach Sarah through at least 1992, * ‘COMPLAINT FOR DAMAGES92 Sarah retired from competitive swimming in 1983. 8 Sarah had two abortions as a result of sexual encounters with Coach MacFasland, 94, Sarah ast ha sexual lations with Seote MacFrtand in 1993, 95, Sarah “relationship” with Coach MacFarland hasbeen well known in USA Swimming circles since it started when Sars was 17. 196, Numerous ines dorng thelist 30+ yar, Sarah hs made formal end informal complints to United States Swimming shout Coach MecFarland 197. In 2010, USA Swimming convened a Board of Review in Dallas, Texas to adjudicate Sara's allegations agsinst Coach MacFarand 98, John Morse, USA Swinuing’s former counsel, was the “Judge” forthe Board of Review. 99. USA Swimming’ s outside counsel, Bryan Cave, “prosecuted” Sarah’s allegations aginst Scott MacFastand 100, Bryan Cave also served as USA Swimming couse defending sexual abuse civ cases across the United States until 2015. 101. Under oath, Sarah testified that Scot McFarland fist had sex with he in July 1986 ata hotel in Orange County, Califor. 102. Under oath, Scott Macrland admited to having asexual relationship with Surah when he washer coach, but denied having Sex with her Califo n 1986, 103, USA Swimming claims they ae unable to Find mes rest frm he Irvine met in 1986 or the mee from Austin in 1986, 104. USA Swimming’s Board of Review included a “jury” of three ° ‘COMPLAINT FOR DAMAGES105. _Asintended, USA Swining’s Dallas Board of Review found that Sarah and Scots semua relationship stared inthe summer of 1987 nt the summer of 1986, 106. As aresult of being raped a a minor, Sarah hs suffered extreme emotional sists 107. Asaresltofher emotional disses, Sarah has been hospitalized with depression, 108, Sarah has made dre suicide temps 109, Over the last 30+ years, USA Swimming has continued to emotionally tomure Socth 110, USA Swimming has sought o discredit Sarah in order to protect the reputation ofthe Mission Viejo Switn Club, Mark Schubert, and o lesser extent Scott MacFarland 111, USA Swimming has wield evidence, namely met results and transcripts fiom Sarah in order to prevent Sarah rom proving the allegations underlying this complaint 112, Upon information and belie, in 2018 or 2019 the US Cente for Safe Spor opened an investigation into Sarah's allegations against Scot MacFarland 113, Upon information and belief, USA Swimming did nt provide meet results that could have cotoborated Sara's participation inthe 1986 Irvine and Austin meets 114, The Centr for Safe Sport closed their investigation into Coach McFarland in 2019 for reasons not curently known to Pint 1 ‘COMPLAINT FOR DAMAGESHIRST CAUSE OF ACTION Sexual Abuse of a Minor As and for a First Cause of Action, Plainiff alleges epuinst defendants USA SWIMMING, SCOTT MacFARLAND, MISSION VIEJO NADADORES, and DOES 1 brough 100 as follows ML, Plaintiff hereby incorporates all paragraphs of the Common Allegations, as ‘hough set forth in fll herein 112, Avall relevant times, defendant MacFARLAND was a USA SWIMMING approved, cenfed andlor registered swim coach for USA SWIMMING sanctioned and cxfed club the MISSION VIEJO NADADORES, entrusted withthe care of Plaintiff as her swim coach. MacFARLAND owed Plait a duty to conduct himself appropsiately 0 asnottoinflietharm upon her. Atal elevatimes, said defendant was employed, resined, andr acting as the agen for USA SWIMMING, MISSION VIEJO NADADORES and/or OES 1 though 100, 113, As a minor and member entrusted 10 the care of USA SWIMMING and MISSION VIEJO NADADORES and DOES 1 through 100, special relationship existed beneen seid defendants snd Plainiff by which Plain was ented to ther protection and/or a easonably safe envionment in which to train andlor swim, fee from inappropriate sexual displays, grooming behavior, inappropriate touching, and lewd behaviors from coaches placed in a position of tust and authority ove et. 114, Commencing in ot around 1985-86, MacFARLAND used his positon of trust and authority a5 Plants coach to groom plaintiff for his semual sdvances andlor commited lewd and lascivious ses upon Plaintiff and/or sexually abused, molested, and ienpermissbly touched Plain 11S, Said conduct was undertaken while MacFARLAND was an agent or employee of said catty defendants and while in the course and scope of his agency or employment ith said defendants, andor sid acts and omissions were aie by suid defendants. USA SWIMMING exercised contol over its coaches and ther relationship with swizamers. It‘knew, had reason to know, or was otherwise on notice of unlewfl sexualized conduct by -MacFARLAND given his pubic displays of affection, sharing ahotl room with Plsini at USA Swimming sancioned meets, and other obvious public behavior. Plaintiffs informed and believes, that by July 1986 many other USA Swimming certified coaches, as well as other employees ofthe MISSION VIEJO NADADORES, were wel ware that Plein and -MacFARLAND were involved ina sexual relationship. 116, As a legal result ofthe foregoing, Plaintiff was injured in health, strength and activity, sustaining bodily injuries and shock and injury to er nervous system and person, all of which caused and continue to cause plaintiff great mental, physical and nervous pin and suffering: Plaintiff has thereby sustained damages in an amount in excess of the ‘minimum jurisdictional limits ofthis couse 117. Asa farther legal result of the conduct of the defendants, and each of them, Psintitf was required to and dié employ healthcare providers for examination, counseling, treatment and care and incured, and will continue in the future to incur, medical and incidental expenses, including counseling costs, the exact amount of which is unknown to Pains at his ime 118, As a further legal result of the conduct of the defendens, and each of them, Plainsff was prevented from working andlor sufered a loss of earning capacity. Pliniffs informed and believes and thereon alleges that her inability to work andlor reduction in his sming capacity will continue in dhe future, thereby causing & further oss of earnings andlor cesming capacity, the exact amount of which is unknown to Plaintiff a this time. 119, Plaiovff herein anticipates serving upon defendants an offer to compromise pursuant to Celifomis Code of Civil Procedure §998 and California Civil Code §3291, and upon such service of sai offer, i entitled to interest on the amount of any judgment obtained in favor of Plaintiff, provided seid judament exceeds the amount stated in sid offer, said interest o be compued from the dat of service of sid offer to compromise. 120, The acts of defendant’ MacFARLAND perpetrated upon Plaintiff were intentional, malicious, and/or oppressive, entitling plaintiff to punitive damages against said COMPLAINT FOR DAMAGES10 u R 13 14 15 16 v7 18 19 a 2 23 4 2s 26 a 28 defendant pursuant to Civil Code $3294. In addition, the acts of USA SWIMMING end MISSION VIEJO NADADORES were fraudulent, intentional, malicious and/or oppressive ‘within the meaning of Civil Code §3294 in, inter alia, disegarding complains sbout ‘MacFARLAND's misconduct at atime which may have spared Plant significant harm, refusing to notify legal authorities of a reasonable suspicion of child abuse in violation of statute, andlor engaging in acs designed to conceal the true facts of Plaintif's abuse. Said conduct served to perpetuate the harm upon Plaintiff and were despicable and vile acts, not tolerated in civilized society as reflected in, inter alia, the Child Abuse and Neglect Reporting Act. 121. Plaintiff claims attorney's fees against all defendants for enforcing an important right affecting public interest pursuant to Code of Civil Procedure §1021.5, to wit: protection of children entrusted tothe care of organizations from sexual predatory conduct bby their employeesfagents and from child abuse via, mer alia, institution and implementation of means and methods to detect and deter pedophile behavior, enforcement ‘of laws governing minors’ welfare and safety, and institution of proper procedures and policies surounding the mandatory duty to report a reasonable suspicion of child ‘molestation or endangerment under The Act SECOND CAUSE OF ACTION Negligence As and for & Second Cause of Action, plaintiff alleges agninst defendants UNITED |STATES SWIMMING, INC., «corporation: MISSION VIEJO NADADORES, INC., a [CALIFORNIA corporation; and DOES 1 through 100, inclusive, s fellows 122, Plaintiff incorporates all preceding paragraphs as though fll recited herein, 123, Said defendants, and each of them, owed Plaintiff a duty to, inter alia, protect ther from sexual assault by her couch, employ or rain suitable coaches entrusted to the ate ofthis minor, institute and enforce appropriate polices, procedures, rules, regulations, and requirements necessary to prevent inappropriate sexual conduct by coaches, to report 8 ‘COMPLAINT FOR DAMAGESto the legal authorities any reasonable suspicion of child abuse, andlor to otherwise ‘conduct themselves with due care 0a to avoid injuring Plaintiff. 124. Said defendants, and each of them, breached seid duties by, inter alia, filing to ‘report inappropriate behaviors to the authorities for proper investigation, failing 10 imervene on Plaimff's behalf, and/or failing to implement andfor enforce proper policies sand procedures forthe protection of minor swimmers, 125. Asa legal result of defendants’ acts and/or omissions, Pisintff sustained injuries and damages as hereinbefore alleged. ‘THIRD CAUSE OF ACTION Intentional Inflicton of Emotional Distress ‘As and for a Thitd Cause of Action, plaintiff alleges against defendants SCOTT /MacFARLAND, an individual, and entity Defendants MISSION VIEIO NADADORES and | UNITED STATES SWIMMING: 126, Plaintiff incorporates all preceding paragraphs as though fully ected herein 127, The conduct of said defendants as herein alleged was outrageous and was so extreme as to exceed all bounds of decency usually tolerated ina civilized community. In, iner alia, filing to report reasonably suspected incidents of child abuse, said defendants acted with reckless disregard of the probability that Plaintiff would suffer emotional distress. 128, In performing such lewd and lascivious acts upon Plaintiff, MacFARLAND acted with reckless disregard of the probability thet Plaintiff would suffer emotional distress 129, As alegal result of the aforementioned acts, Plain suffered severe emotional cistess, such as fight, horor, aniery humiliation and mental anguish, causing her injury to her ming, siti and body, all to her general and special damages well in excess of the jurisdictional minimum of this Court 130, Said defendants have acted despicably and with willful and conscious disregard of the rights of others, andor have subjected Plaintiff to cruel and unjust hardship in conscious disregard of her rights and safety. Said defendants are charged with malice andlor10 n B “4 1s 16 uv 18 1» 2 2 23 25 26 n 28 ‘oppression, eating pint to punitive damages for the stke of example and by way of ‘punishing said defendants as hereinbefore alleged. BRAYER WHEREFORE, Plaintif prays for judgment as follows: 1, Forall special and all other economic damages according proof; 2. For general damages and other nonconomic relief according to proo 3. Forloss of eaming capacity, according to proot 4. Forprejudement interest, a allowed by laws 5. Forreasonableatomeys fees against all defendants pursuant oCalifonia Code of Civil Procedure §1021.5; 6 For reasonable attomey's fos aginst defendant MacFARLAND pursusnt to | Caifomia Code of Civil Procedure $1021.4 7. For punitive damages against defendants MacFARLAND, USA SWIMMING, INC., MISSION VIEJO NADADORES, INC., and DOES 1-100; 8 Forcoss of suit herein; and, 9. Forsuch other and further relief a the court may deem ft and prope. Dated: August iP. 2020 Saeed and Lie, LLP By: ‘Attomeys For Plaintiff ‘COMPLAINT FOR DAMAGES