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'Can we just say that I am sick?' How USA Gymnastics covered for Larry Nassar

Emails obtained by IndyStar reveal USA Gymnastics agreed to participate in one of Larry Nassar's many deceptions. He continued to abuse girls.
Credit: MATTHEW DAE SMITH/Lansing State Journal
There was little reaction of the face of Larry Nassar as Ingham County Circuit Judge Rosemarie Aquilina delivered her sentence Wednesday, Jan. 24, 2018, after the seventh day of victim impact statements in Ingham County Circuit Court.

USA Gymnastics officials agreed to provide what Larry Nassar's attorney called "false excuses" for his absence from major gymnastics events in 2015, rather than disclose to parents and gymnasts that Nassar was under investigation for child sexual abuse.

Emails obtained by The Indianapolis Star reveal that on two separate occasions, Nassar and a USA Gymnastics attorney negotiated cover stories — first that Nassar was sick and later that he was focusing on his private practice — to explain why the longtime team physician was not attending two major events in the run-up to the 2016 Olympics.

In one of the emails, Indianapolis attorney Scott D. Himsel told Nassar his medical techniques were under investigation, and "it is in everyone's best interest" that Nassar not attend a gymnastics event that weekend.

Himsel said USA Gymnastics would tell people Nassar was not attending for "personal reasons."

Nassar replied: "Can we just say that i am sick? That would make more sense to everyone. Would that be ok?"

Himsel agreed to have USA Gymnastics use that story.

In later emails — part of more than 900 pages of documents reviewed by IndyStar — Nassar assured Himsel: "I stayed with the story of that I am nauseated, not feeling well and staying home."

And he asked if USA Gymnastics officials would explain his absence from another event by saying Nassar was focusing on his private practice. Again, Himsel agreed to have the organization do so.

What the documents show

It has long been known that USA Gymnastics withheld concerns about Nassar from its members.

But the emails, along with interviews with gymnasts, reveal for the first time that the sport’s national governing body was not only willing to remain silent after reporting Nassar, but also agreed to participate in one of his many deceptions beforehand.

At least partly as a result of such discretion, Nassar's reputation as one of the world's foremost experts on the treatment of gymnastics-related injuries remained intact for 14 months after USA Gymnastics officials reported him to the FBI.

During that time, Nassar was not added to the organization's list of people banned from the sport.

He stopped acting as the national team doctor but was able to continue working in at least one USA Gymnastics member gym in Michigan. He also continued working at Michigan State University.

At least 14 more women and girls say they were sexually assaulted after June 2015, when USA Gymnastics received what it has said was its first complaint about Nassar.

"These facts are stunning," said Marci Hamilton, CEO and academic director at CHILD USA, an interdisciplinary think tank focused on preventing child abuse and neglect. "Any organization that serves youth and has notice that there is an abusive adult dealing with the organization’s youth has a duty to protect those children.

"USAG’s failure to notify the athletes when they knew he was suspended and under investigation is reckless."

No comment from USA Gymnastics officials

USA Gymnastics and Himsel declined to comment for this story, but USA Gymnastics has repeatedly emphasized that athlete safety is its highest priority.

Himsel did not respond to repeated requests for comment. His former law firm, Faegre Baker Daniels, issued a statement saying its work "is guided by our firm's core values, which include honesty, integrity, respect and service.

We uphold these values as we provide counsel to clients, and must respect our obligation of client confidentiality. We are not at liberty to comment further."

Human resource expertssay employers must walk a fine line when dealing with claims of sexual abuse. Disclosure of a false claim could expose an organization to liability. The question, however, is whether they should fabricate a story or remain silent on the matter.

USA Gymnastics previously said it did not disclose the Nassar investigation because the FBI asked it to remain silent. The FBI declined to comment. But the emails and texts sent to one of Nassar's survivors reveal an emphasis on confidentiality even before the FBI was involved:

  • Forty-one days passed from the time USA Gymnastics was alerted to "athlete concerns" about Nassar until officials met with the FBI. During that time, its investigator texted Olympic gold medalist Aly Raisman, who was interviewed about Nassar. Raisman said the investigator, Fran Sepler, told her "remember that there are risks in sharing information at this point." Raisman interpreted the text as a threat to remain silent. Sepler said in a statement that her words were misunderstood and "there was no intention to silence Ms. Raisman."
  • Raisman told IndyStar that former USA Gymnastics President Steve Penny texted herin mid-July before the investigation was completed, saying the most important thing was to keep it "quiet and confidential and very few people in the loop." Again, Raisman said she felt the organization was trying to silence her. Penny did not return repeated messages seeking comment.
  • Five days before USA Gymnastics called the FBI, Himsel emailed Nassar saying "we need to address these concerns thoroughly and discreetly."

Credit: Matthew Dae Smith/Lansing State Journal/USA TODAY
Aly Raisman confronts Larry Nassar during her victim impact statement at his sentencing hearing in January. 

Aly Raisman speaks

Raisman and others insist USA Gymnastics was more worried about protecting itself from bad publicity than it was protecting children.

"I don't think that they cared at all. I think at first it was to 'get him away,' Nassar away from the Olympians, but when it was about a 10-year-old, or a 15-year-old, or 20-year-old in Michigan they didn't care," Raisman said.

Nassar was arrested after a 2016 IndyStar investigation exposed widespread sexual abuse problems at USA Gymnastics. He was sentenced in January to 40 to 175 years in prison on seven counts of first-degree criminal sexual conduct.

More than 330 girls and women have come forward claiming they were abused by Nassar over more than two decades. In a separate case, Nassar was sentenced to 60 years in prison on child pornography charges.

USA Gymnastics is facing lawsuits from dozens of Nassar survivors, including Raisman, who accuse the organization of negligence, fraud, intentional infliction of emotional distress and failing to warn, train or protect athletes from Nassar's abuse. USA Gymnastics has denied those allegations and filed motions to dismiss the lawsuits.

In response to a lawsuit filed in Michigan, the national governing body said it had no legal duty to warn MSU, member clubs or others about Nassar.

Credit: Scott Olson/Getty Images
Victims and their family members embrace following the sentencing hearing for Larry Nassar in Eaton County Circuit Court on February 5, 2018 in Charlotte, Michigan.

Seeing Nassar felt like 'going to see a celebrity'

Former gymnast Kaylee Lorincz wishes USA Gymnastics had been more forthcoming.

Meeting Nassar felt like "going to see a celebrity to help me get back into the sport that I loved," Lorincz recalled. She was in awe of "the gymnastics posters of Olympians and cards from gymnasts on the walls" of Nassar's office.

Because USA Gymnastics had remained silent, and the FBI investigation languished, Lorincz said she had no indication Nassar was anything but the same sports medicine icon USA Gymnastics had long endorsed.

So the teen visited him twice after USA Gymnastics had been notified of concerns. And both times, Lorincz said, she was abused.

"It could have saved that many more if they could have just stopped him in 2015," she told IndyStar. "It makes me angry and upset because it could have prevented so much."

USA Gymnastics wants thorough and discreet inquiry

USA Gymnastics said it first learned of "athlete concerns" about Nassar when a coach overheard Raisman and gymnast Maggie Nichols talking on June 17, 2015.

The coach immediately informed USA Gymnastics officials, who began looking into the matter by engaging Himsel and another Faegre Baker Daniels attorney, whose expertise included "defending claims of sexual misconduct," according to the firm's website. The organization also hired Sepler, a human resources consultant, to interview Nichols and Raisman.

An attorney for Nichols declined IndyStar's request to interview her.

On July 22, 2015, Himsel emailed Nassar, telling him USA Gymnastics was reviewing concerns about his "therapy techniques" — which authorities have since determined were misused to disguise sexual abuse of children.

An emphasis was placed on discretion.

"I am sure you can appreciate as a medical professional that in today's atmosphere, we need to address these concerns thoroughly and discreetly," Himsel wrote in that email to Nassar.

Himsel went on to say that USA Gymnastics had decided "it is in everyone's best interest" that Nassar not attend the Secret U.S. Classic in Illinois that weekend.

"We suggested during the call that (USA Gymnastics Chief Operating Officer) Ron Galimore advise the medical team that you are not attending the Classic for personal reasons," Himsel wrote. "Ron will now proceed to do so."

"Can we just say that i am sick?" Nassar replied. "That would make more sense to everyone. Would that be ok?"

Himsel responded: "We'll let Ron know to advise people that you weren't feeling well and decided to stay home."

The excuses continued after USA Gymnastics, apparently unbeknownst to Nassar, met with the FBI on July 28, 2015, to report the allegations.

Nassar emailed Himsel the same day to say he wanted to resolve the situation "as quickly as possible." He emailed again a day later to request a conversation.

"I would like to move forward with this since I will need to be at the USA P&G Championships in Indianapolis," Nassar wrote in an email dated July 29, 2015.

"Because the review is on-going, USA Gymnastics has determined it is in everyone's best interest that you not attend USA Gymnastics events or communicate with USA Gymnastics athletes and personnel until further notice," Himsel wrote back that day. "In addition, we suggest that prior to Championships that Ron Galimore will once again advise the medical staff (the Athlete Care Coordinator) that you cannot attend for personal reasons, unless you prefer a different approach that we are prepared to discuss. Please advise whether Ron may do so."

Credit: Becky Shink/Lansing State Journal
Larry Nassar works with a patient in this 2008 photo.

"If I am not going to be at Championships," Nassar wrote back, "then it is due to financial reasons with my clinical practice, which is an accurate statement."

"Understood," Himsel responded, "Ron will proceed accordingly. USAG will be back in touch when it reaches the appropriate point in its review."

No more 'false excuses'

By September of that year, Matthew Borgula, the Michigan attorney who was representing Nassar at the time, wrote to Himsel inquiring about the status of USA Gymnastics' investigation. He was apparently unaware that, as USA Gymnastics would later claim, the organization had relieved Nassar of his duties on July 29, 2015.

"No one believes that Dr. Nassar would so easily miss those events — especially since the athletes and coaches involved with USAG continue to request his attendance," Borgula wrote. "Dr. Nassar can no longer honor your request to provide false excuses to his colleagues, the USAG staff and/or the athletes about his absences."

Borgula did not respond to messages from IndyStar seeking comment. The documents obtained by IndyStar do not include any response to Borgula's email.

But on Sept. 27, 2015, Nassar announced on his Facebook page that he was retiring from his role at USA Gymnastics.

"After 29 years on the USA Gymnastics Women's Artistic National Team Staff, it has come time for me to retire," Nassar wrote. "It has been a wonderful time for me and (I) appreciate how much it has enhanced my life."

It was another story USA Gymnastics did not dispute at the time.

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