WAG University of Michigan assistant coach arrested

[profmom]

Is there anything legally that can be done due to power imbalance? If lawyers can prove that, could they get charges dropped for her? I guess I don't understand the legality of it all. I completely understand the grossness of this situation given their ages and the amount of power he had over her as a coach, but in the court of law would anything hold up? @profmom can you enlighten?

The criminal charge is for obscene conduct. It has nothing to do with the ages of the parties or the nature of the relationship. Both are over the age of consent, so both could be held criminally liable. It is a misdemeanor, but the question is whether individuals convicted of this offense are put on Michigan's very large sex offender registry.

 

[mommyof1]

The criminal charge is for obscene conduct. It has nothing to do with the ages of the parties or the nature of the relationship. Both are over the age of consent, so both could be held criminally liable. It is a misdemeanor, but the question is whether individuals convicted of this offense are put on Michigan's very large sex offender registry.

There is an argument to be made that the prosecutor should have exercised some discretion in the charging decision due to the power dynamics involved, though.

 

[wandrewsjr]

He has been arraigned but she hasn’t. Doesn’t that indicate there is still a possibility the charges may be dropped against her?

 

[rjb123]

If this began prior to age 18 for her (I understand she is newly 18, and a sophomore, so it could have started last year) would this change charges for him (add more?) and cause hers to be dropped possibly? Just curious- my DH and I were discussing this last night. This case came out literally the same day as one in our local community involving a coach at a high school here. His was with a "former" student, but I have seen on social media that according to other former students there, he was highly inappropriate with a huge number of female students for years, and the administration ignored it. Sigh.

 

[profmom]

If the facts are taken as alleged, she is in violation of the law, but of course the prosecutor can opt not to charge or not to move forward with charges. If they were engaged in a sexual relationship when she was still under the age of consent in Michigan or there was some other power dynamic/statutory lack of consent issue, that would be a separate issue and would require separate charges. I'd guess the investigation into those possibilities is taking place now and more charges may be forthcoming.

 

[Muddlethru]

He has been arraigned but she hasn’t. Doesn’t that indicate there is still a possibility the charges may be dropped against her?

Wonder if it has anything to do with her not being an American citizen?

 

[profmom]

At least one news report says that her arraignment is scheduled for Nov. 5.

 

[gymdog]

Wonder if it has anything to do with her not being an American citizen?

Ugh, I didn't even think of that issue. Can anyone here comment on whether this charge is "enough" to affect her visa? Not sure how to word it. Although maybe distance is best for the situation, if I were her parent I would probably lean that way, but I hope it doesn't end up that there's not even an option to continue her degree when she isn't a citizen. What a mess.

 

[bogwoppit]

Ugh, I didn't even think of that issue. Can anyone here comment on whether this charge is "enough" to affect her visa? Not sure how to word it. Although maybe distance is best for the situation, if I were her parent I would probably lean that way, but I hope it doesn't end up that there's not even an option to continue her degree when she isn't a citizen. What a mess.

I think any criminal charges can affect her student visa.

 

[Muddlethru]

She is a solid contributor to her team and likely has a scholarship. I also wonder if her scholarship will be affected. Feel so sorry for this young lady. Even if it were consensual, young ladies this age are very impressionable. The authority figure is attractive to them. Students fall in love with teachers with whom they would never even give a second look to outside the classroom. Doctor and patient relations as well. The older authority figure has the onus on situations like this.

 

[gymmomx2]

She is a solid contributor to her team and likely has a scholarship. I also wonder if her scholarship will be affected. Feel so sorry for this young lady. Even if it were consensual, young ladies this age are very impressionable. The authority figure is attractive to them. Students fall in love with teachers with whom they would never even give a second look to outside the classroom. Doctor and patient relations as well. The older authority figure has the onus on situations like this.

Does anyone know if the authority figure/power imbalance factor has any bearing from a legal standpoint? could it be an extenuating circumstance which could lead to dropping the charges against her? Or is that just wishful thinking on my part?

 

[Deleted member 14190]

if She broke team rules then yes . Which she did. After all having sex or whatever, in a car in a public place is illegal.

 

[Muddlethru]

Does anyone know if the authority figure/power imbalance factor has any bearing from a legal standpoint? could it be an extenuating circumstance which could lead to dropping the charges against her? Or is that just wishful thinking on my part?

I'm not an authority in this field but anything is possible. Her lawyers can plea bargain to a lesser charge. The judge can even dismiss the case for whatever reason. However, the charges or violation alone as it is written by law has no age qualification, except being a minor. Lawyers can argue a million things. If they have case law to support it or if they can argue it and convince the judge, case could be dropped. However, I've read that any misdemeanors or felony charges could affect ones stay in the US and of course the possibility of getting citizenship in the US.

I looked up Michigan Indecent Exposure Law and it partially states "The only requirement is that you commit these acts in a location where someone might see you including your own home and that person was offended by your actions." I am guessing the lawyer can argue that they did not think they could or would be seen. Maybe the person who saw them was spying on them and had to go through great lengths to see them. They may have parked the car in a far corner where they could not be spotted. It was dark, they intentionally fogged up the windows so no one can see them. She can also blame him and state he seduced/coerced her and claim age and innocence Very little is cut and dry in the courtroom. You can throw in as many arguments and see what the judge will buy. The law is subject to interpretation. I think and hope the judge would show her mercy, not him. I just hope this mistake does not define all her past and future success.

 

[profmom]

Give it a little time, folks. I would guess that the threatened arraignment is an attempt to get some leverage on her so that she will give them more on him. In the US a lot of what happens in the criminal justice system is discretionary. They were arrested for a misdemeanor offense. The context of improper relationships in college athletics will obviously be a big part of the context in which legal decisions are made in Ann Arbor, which isn't terribly far from East Lansing.

 

[mommyof1]

Give it a little time, folks. I would guess that the threatened arraignment is an attempt to get some leverage on her so that she will give them more on him. In the US a lot of what happens in the criminal justice system is discretionary. They were arrested for a misdemeanor offense. The context of improper relationships in college athletics will obviously be a big part of the context in which legal decisions are made in Ann Arbor, which isn't terribly far from East Lansing.

I agree with this assessment and understand the reasoning, but I still don't like the fact that she is even scheduled to be arraigned. In other contexts (prostitution, human trafficking), some prosecutors are now treating victims as victims instead of prosecuting them, even though they could legally do so. If you see the student as the victim of a power imbalance, the approach being taken here seems a little heavy-handed. Unless she is not cooperating or there is something else going on we can't see, which of course is always possible because we do not know all the facts.

 

[gymdog]

I think any criminal charges can affect her student visa.

I assume so too. I assume she's probably going to leave the team either way (I feel like it would be a lot) but was hoping she'll have some options since she already started her degree there. However, the more I think about it the best place for her is probably out of there.

 

[sewgood]

I am so close to pulling my kids out of this sport. It really seems to be rotten. They can do anything else. Why are we all still here? UGH!

I think it's like that in every sport, every activity, every school, every place of worship, every camp, etc, etc. Unfortunately, wherever there are kids, there will also be predators. Just putting them in a different sport or activity or anything else isn't going to protect them.

 

[bookworm]

To someone’s point about them not thinking they would be seen... the arrest occurred at 9 am .... dumb, dumb , dumb... in broad daylight....so likely to be seen by someone at that time of day in your apartment complex parking lot.

And from what I’ve heard, the gymnast was adamant that it was a consensual relationship.... I don’t know If she was trying to prevent him from being fired or what.

Coaches and gymnasts have dated in the past ... there’s the Marsdens who married in 1984 ( her year of graduation) so that had to have been going on while competing, and there’s a 10 year age difference with Greg and Megan ... evidently those rules have changed..

I think part of the disgust factor with this is that he IS married with 3 little girls so he wasn’t just a guy looking for a date...

 

[Flipfloppy]

SafeSport doesn't apply to this situation, but I still think the SafeSport rules explain this well:
"An imbalance of power is always assumed between a coach and an athlete, regardless of age, and an adult in a position of authority... Once the unique coach-athlete relationship is established, the authority and trust on the part of the coach over the athlete shall be assumed, regardless of age. Factors relevant to determining whether there is an imbalance of power include, but are not limited to: the nature and extent of the adult coach’s, official’s, director’s, employee’s, parent/guardian’s or volunteer’s supervisory, evaluative or other authority over the athlete; the relationship between the parties; the parties’ respective roles; the nature and duration of the sexual relations or intimacies; the age of the adult coach, official, director, employee, parent/guardian or volunteer..."

An eighteen year old can believe with all of her heart that she's in a healthy, consensual relationship with her married coach who has partial control over her scholarship and role in lineups and who is (presumably) literally responsible for her safety when spotting her or assigning her skills, but that doesn't mean it's actually a "consensual" relationship. Coaches who engage in sexual abuse/misconduct in this pattern - married, at least 10-15 years older than their very young adult athletes - are often manipulative and emotional abusive: they coerce and convince their young athletes to enter into a "consensual" relationship after grooming them. And sometimes an athlete believes she's in a consensual relationship with her coach and then she tries to end it... and discovers it's not as consensual as she thought. And often those coaches use the athlete's sport against them, telling them that if she ends the relationship, he'll make sure that will end her involvement in her sport or she can't be successful without him, etc.

 

[lovemygymnast]

SafeSport doesn't apply to this situation, but I still think the SafeSport rules explain this well:
"An imbalance of power is always assumed between a coach and an athlete, regardless of age, and an adult in a position of authority... Once the unique coach-athlete relationship is established, the authority and trust on the part of the coach over the athlete shall be assumed, regardless of age. Factors relevant to determining whether there is an imbalance of power include, but are not limited to: the nature and extent of the adult coach’s, official’s, director’s, employee’s, parent/guardian’s or volunteer’s supervisory, evaluative or other authority over the athlete; the relationship between the parties; the parties’ respective roles; the nature and duration of the sexual relations or intimacies; the age of the adult coach, official, director, employee, parent/guardian or volunteer..."

An eighteen year old can believe with all of her heart that she's in a healthy, consensual relationship with her married coach who has partial control over her scholarship and role in lineups and who is (presumably) literally responsible for her safety when spotting her or assigning her skills, but that doesn't mean it's actually a "consensual" relationship. Coaches who engage in sexual abuse/misconduct in this pattern - married, at least 10-15 years older than their very young adult athletes - are often manipulative and emotional abusive: they coerce and convince their young athletes to enter into a "consensual" relationship after grooming them. And sometimes an athlete believes she's in a consensual relationship with her coach and then she tries to end it... and discovers it's not as consensual as she thought. And often those coaches use the athlete's sport against them, telling them that if she ends the relationship, he'll make sure that will end her involvement in her sport or she can't be successful without him, etc.

This is exactly what I feel! She’s 18 & so she’s adamant it was consensual because it hadn’t gotten to the stage that she needed/wanted to break it off yet. Then she would have known it wasn’t actually consensual.

I worry about my daughter. We put them in this sport with long hours and they are isolated to only being with gymnasts and coaches the majority of their life. So, where are they when they start having crushes & hormones? Gym. I get that she knew better. I get that she thought it was consensual. But at 18, I’m not sure anyone thinks about long term consequences of sleeping with a married man that has 3 kids.

I just feel in a situation like a teacher/coach/student situation the age should be raised. When she has some maturity, she will be able to look back and realize how one sided that relationship was.