7 questions we have for USA Gymnastics as its CEO faces a Congressional subcommittee

Kerry J. Perry, the new CEO of USA Gymnastics

Kerry Perry, president and CEO of USA Gymnastics, will face a congressional subcommittee Wednesday to answer questions about sexual abuse in Olympic sports.

A subcommittee of the House Energy and Commerce Committee is holding the hearing in the wake of the sexual abuse scandal involving former USA Gymnastics team doctor Larry Nassar and recent scandals in other Olympic sports.

Perry, who took the helm of the embattled national governing body in December, has pledged an open and transparent administration. But she has refused multiple interview requests from IndyStar and other media outlets.

A Senate Commerce subcommittee also is studying abuse in amateur sports, but ended up canceling a hearing scheduled Tuesday when three former top officials of USA Gymnastics declined to attend. They included Steve Penny, former president and CEO; Rhonda Faehn, former senior vice president for women's programs; and Martha Karolyi, former women's national team coordinator.

Perry is among the officials scheduled to testify Wednesday at the House Energy and Commerce Committee’s Oversight and Investigations subcommittee.

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It's unclear what questions Congress will ask. 

But after investigating the organization for more than two years, IndyStar reporters have a few suggestions:

1. When did USA Gymnastics change its policy of dismissing sexual abuse allegations as hearsay unless they come from a victim or victim’s parent?

In a 2013 lawsuit, two former USA Gymnastics officials admitted under oath that the organization routinely dismissed sexual abuse allegations as hearsay unless they came directly from a victim or victim’s parent.

Former presidents Steve Penny and Robert Colarossi expressed concern about potential damage to a coach’s reputation if an allegation proved to be false.

The organization also acknowledged in court records that it seldom, if ever, forwarded allegations of child abuse to police or child protective services without being asked.

Michael Athans, an attorney representing USA Gymnastics in that lawsuit, told IndyStar in 2016 that those policies for handling such allegations went back to at least the 1990s and "really haven’t changed."

An IndyStar investigation found that policy enabled abusive coaches and others to prey on children despite repeated warning signs.

Last year, USA Gymnastics said it does not require a signed complaint as described by its former presidents. 

The timing of USA Gymnastics' policy change may shed light on when allegations were dismissed by the organization and whether those allegations involve active coaches and should be investigated now.

2. Why did you decide to conduct an internal investigation of the allegations against Larry Nassar instead of immediately reporting them to authorities?

USA Gymnastics informed the FBI of sexual abuse allegations against Nassar, a longtime national team physician, five weeks after top gymnastics officials were first alerted to suspicions about him — contrary to earlier statements that they had called law enforcement "immediately."

Larry Nassar sits in court on Jan. 24, 2018, during his sentencing hearing.

Child welfare experts say conducting such internal investigations is a bad practice. They argue organizations should immediately report allegations to authorities, because internal investigations can be tainted by conflicts of interest and can impede a criminal probe.

Citing pending litigation, USA Gymnastics has refused to answer questions about its handling of the Nassar allegations. The organization reported Nassar to the FBI in 2015, but he continued to practice medicine and work with athletes for more than a year.

Nassar 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. In a separate case, he was sentenced to 60 years in prison on child pornography charges.

3. How many USA Gymnastics officials — including employees, board members and volunteers — knew about the allegations against Nassar prior to the FBI report?

USA Gymnastics has declined to say how many officials affiliated with the organization knew about the allegations against Nassar before the FBI was contacted July 27, 2015.

4. What did USA Gymnastics officials tell the FBI in July 2015?

Neither the FBI nor USA Gymnastics has said what information the national governing body reported about Nassar.

USA Gymnastics said it contacted law enforcement with "athlete concerns." It is unclear whether USA Gymnastics turned over all of the information it collected during its five-week investigation, or how compelling a case it made.

Knowing the answer might shed light on why the FBI investigation languished for more than a year, a matter that is now the subject of an internal probe. 

"The FBI holds itself and our operations accountable to the highest of standards and integrity," the FBI said in a statement to IndyStar. "When warranted, the FBI reviews allegations in a fair, accurate and impartial manner. In keeping with that commitment, we are reviewing our role in the investigation of Mr. Nassar. We are unable to comment further at this time as the review is ongoing."

5. What is USA Gymnastics doing to ensure that its subjective judging and team selection processes are not used to discourage athletes from reporting abuse? 

Not all subjectivity can be eliminated from a judged sport such as gymnastics. But critics of USA Gymnastics have said in the last two decades gymnastics officials have exercised an unprecedented amount of discretion in selecting teams for national and international competition. They fear that discretion can be used to silence athletes and perpetuate abuse. Some fear retaliation. Others argue the sport's harsh, coach-centered culture discourages juvenile athletes from speaking up. Abuse survivors said Nassar took advantage of that culture to position himself as the "nice guy," and groom children for abuse. Other pedophiles positioned themselves as the young athlete's ticket to a college scholarship or gold medal. 

6. Did USA Gymnastics destroy or alter medical records collected on athletes?

That claim was made in a lawsuit filed by a gymnast who says she was sexually assaulted by Nassar. USA Gymnastics has not yet responded to the claim. 

7. Is SafeSport really the answer?

All reports of the sexual abuse of athletes affiliated with Olympic sports governing bodies, such as USA Gymnastics, are now supposed to be handled by the U.S. Center for SafeSport.

But critics worry that the center may not be truly independent. They also wonder why the added layer of bureaucracy is needed when laws in all states require allegations of abuse involving children to be reported to police or child services agencies.

Call IndyStar reporter Marisa Kwiatkowski at (317) 444-6135. Follow her on Twitter: @IndyMarisaK.

Call IndyStar reporter Tim Evans at (317) 444-6204. Follow him on Twitter: @starwatchtim.