NWSL investigation finds San Diego Wave ‘could have done more' to address assault allegation
The finding is contained in a report summarizing the investigation, which had not previously been made public but was obtained by the Guardian US.
The investigation, conducted by Connecticut-based law firm Finn, Dixon, and Herling, also looked at how the team's front office handled several other workplace complaints. Its conclusions exemplify some of the bureaucratic and legal obstacles many employees face when attempting to report sexual assault in the workplace. These can include systemic ineffective reporting mechanisms and procedural complexities while individuals can experience retraumatization, minimization, subsequent poor workplace performance, and isolation. Although not stated in the report, the investigation shows how the club lacked an accepted trauma-informed response to investigating or receiving complaints of sexual assault.
San Diego Wave made their NWSL debut in 2022 with an all-star cast that included former US women's national team head coach Jill Ellis as president, former England international Casey Stoney as coach, and star forward Alex Morgan on the field. Off the field, however, things were not so stellar.
The investigation found that a senior Wave staff member reported to her manager in October 2023 that she had been 'traumatized' by a male co-worker. She also stated at that time she did not want lawyers, San Diego Wave, or NWSL to pursue an investigation into any events that had been responsible for that trauma. During a subsequent meeting with a Wave human resources manager the woman did not identify the co-worker who allegedly assaulted her, did not reveal details of the alleged 'traumatization', and did not explicitly describe sexual assault or sexual misconduct.
The woman who made the allegations was subsequently fired by San Diego Wave after her work performance declined and was told by the club to make a worker's compensation claim when more details of the assault became known to the club after her departure. The Guardian understands the NWSL investigation was triggered after reports were received from San Diego Wave employees via an anonymous tip line – a response that is in line with league policy.
The NWSL commissioned the investigation to determine whether a report of sexual assault was ignored by Wave management and whether any of the club's potential inaction had broken the NWSL Policy to Prevent and Eliminate Workplace Discrimination, Harassment, and Bullying – not to investigate any actual claims themselves.
According to the investigation, the Wave did not fail to respond to a report of a sexual assault but 'the Wave could have done more to press the complainant for more information' on the circumstances behind it. It is understood that the investigators suggested to at least one of the women they interviewed to consider pursuing other avenues for their complaints if they were dissatisfied with the investigation's conclusions
In October 2024, almost six months after the completion of the investigation, five former San Diego Wave employees filed a lawsuit against both the NWSL and San Diego Wave. Later that month, 'Jane Doe 2' joined the suit with allegations of sexual harassment by the same Wave staffer accused of sexual assault.
That ongoing suit contains multiple allegations related to the historic working environment at San Diego Wave in addition to the sexual assault and sexual harassment claims. The plaintiffs include Brittany Alvarado, a former videographer for San Diego Wave, who made headlines in 2024 when she posted on social media that the 'NWSL must take immediate action to remove Jill Ellis from both the San Diego Wave and the league entirely.' Ellis was Wave president at the time and had a hands-on role in managing the club. Ellis has since departed San Diego to take a senior role at Fifa as its chief football officer. Ellis is not a defendant in the lawsuit but is referenced on multiple occasions within the filing. She has separately filed a defamation lawsuit against Alvarado for the social media post made in 2024.
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'Jane Doe 1' is described in the suit as having held a senior management position with San Diego Wave with extensive experience in the sports industry. The suit alleges that a co-worker invited Jane Doe 1, who had recently moved to San Diego to work for the Wave, for a night out in the city that led to 'inappropriate activities including a game of 'Sexy Jenga' that led to him pressuring her into non-consensual sexual acts'. Jane Doe 1 alleges that later at her apartment, while she was drunk, she was pressured into 'sexual activity that she explicitly stated she did not consent to' that resulted in 'significant injury'.
Jane Doe 1 describes a subsequent 'hostile work environment' and criticism from her manager that ultimately led to her termination by Wave in late 2023. After her departure, Jane Doe 1 alleges she asked the club how to report an assault and was told to complete a workers' compensation form.
'Jane Doe 2' alleges she was sexually harassed by the same San Diego Wave employee. She worked part-time with shifts scheduled by the employee who sent her non-work related messages via Snapchat, according to the claim. Jane Doe 2 informed the employee she was not interested in him romantically but the messages became increasingly sexual in nature including an unsolicited image of his penis, according to the lawsuit. Jane Doe 2 claims she was then scheduled for fewer work shifts by the Wave employee to a point where she was not rehired by San Diego Wave because she had not met the minimum shift requirements set by the club. In July 2024, Jane Doe 2 met socially with a Wave employee who told her that her experience was not unique and encouraged her to speak with Wave. The employee accused of assault and harassment has since left the club.
San Diego Wave gained new owners in 2024 and while some staff from the period described in the lawsuit have left the organization several remain. Ellis' defamation lawsuit against Alvarado is set to be heard later this year.
The NWSL did not respond to specific questions regarding the San Diego Wave investigation but a league spokesperson said in an emailed statement to the Guardian that: 'The safety, health, and well-being of everyone associated with the NWSL is our highest priority. We take serious [sic] any and every report of potential misconduct, hire qualified independent investigators to review those allegations thoroughly, and act when allegations are supported by the facts uncovered. We will not comment specifically about an active legal matter.'
That statement has been previously issued to other media organizations that have requested comment on the issue over the past year. Finn, Dixon, and Herling did not respond to a request for comment on the investigation.
San Diego Wave did not respond to multiple requests for comment.
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