Professional Documents
Culture Documents
CIVIL DIVISION
SARAH POWERS-BARNHARD,
Plaintiff,
vs.
Defendant,
ATHLETIC UNION OF THE UNITED STATES, INC. ("AAU" or "Defendant"), and states as
follows:
1. This is an action for damages that exceed fifteen thousand dollars ($15 ,000.00),
exclusive of costs, interest, and attorney' s fees. This is also an action for declaratory and injunctive
2. Plaintiff is a natural person, who at all relevant times has been, and continues to be,
a domicile and resident of Florida. Plaintiff was a star volleyball player in high school, college, at
the Junior Olympics, and was selected to be on the U.S. Women' s National Volleyball Team.
Plaintiff was selected for the Mid-Atlantic Volleyball Hall of Fame in 2016. She is now the
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3. Defendant is a New York non-profit corporation with its principal place of business
SUMMARY OF FACTS
5. From 1982 through 1984, Rick Butler ("Butler"), a volleyball coach with the Sports
Performance Rehabilitation Institute Inc. and Sports Performance Volleyball Club, sexually
molested Plaintiff while he was her coach and she was a star volleyball player and member of the
Sports Performance Rehabilitation Institute Inc. and Sports Performance Volleyball Club teams.
Butler sexually molested Plaintiff while practicing for and participating in volleyball competitions
6. To this day, despite knowing that Butler sexually molested Plaintiff and other
minor girls who were volleyball players on his teams, the AAU still allows Butler to coach junior
girls ' volleyball teams where he has unsupervised contact with and power over minor girls.
7. In 1995, due to reports of his sex abuse of his female players, USA Volleyball
sanctioned events; however, in 2000, USA Volleyball readmitted Butler to participate in events in
an administrative capacity.
8. Butler currently sponsors and/or coaches a girls' volleyball team that will compete
at the 43rd AAU Girls' Junior National Volleyball Championships in June 2016 at the
compete at the 43rd AAU Girls ' Junior National Volleyball Championships in June 2016 at the
Disney/ESPN sports facility in Orange County, Florida. Plaintiff is unable to shepherd her team
to a national title without having to see and/or be in contact with Butler-her sexual abuser.
10. In 1995, Plaintiff was asked to testify at a hearing about sexual misconduct of
Butler.
treatment for a depressive disorder and continues in psychotherapy to address the effects of
12. In 2015 , ESPN Outside the Lines published a story reporting that Plaintiff had been
abused by Butler, but that he was still coaching girls. Despite that widely-publicized story, Butler
13. Upon information and belief, the AAU knows that it has a duty to remove Butler
from his position of coaching underage girls, but has failed to do so. Plaintiff was asked to sign
up for the "SafeSport" program as a condition of being a volleyball coach, despite the fact that the
BACKGROUND FACTS
AAU/Junior Olympics
14. The AAU is a multi-sport organization dedicated to the promotion and development
of amateur sports and physical fitness programs, whose participants are minors.
16. The AAU is comprised of members. Membership in the AAU is a privilege and
not a right. The AAU has sole discretion in determining whether to accept or reject a club or
individual as a member.
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17. Each club and individual must apply for membership in the AAU each year.
designated geographic area. A "Club Member" is an organization or group that has been approved
for membership. An "Individual Member" is a person who has been approved for membership by
the AAU. Individual Members are divided into Youth Athlete, Adult Athlete and Non-Athlete.
19. At all relevant times, Plaintiff has been a coach with a team competing at AAU
Volleyball tournaments.
20. Upon information and belief, and at all relevant times, Sports Performance
21. Upon information and belief, and at all relevant times, Butler, as a coach, was a
22. The AAU Congress has the responsibility to impose and enforce penalties for
24. Upon information and belief, in 1982, there were a number of AAU Districts. Each
AAU District had District Officers. Those District Officers were Governor, Lieutenant Governor,
Registrar, Secretary, and Treasurer. The Registrar is responsible for reviewing and then approving
or denying applications for membership. The Registrar is also responsible for monitoring all
25 . Upon Information and belief, and at all relevant times, Sports Performance
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27. The AAU National Sports Committee is responsible for the conduct of the National
Junior Olympics.
28. Athletes participating in the National Junior Olympics are required to use the
housing provided by the host of the National Junior Olympics. AAU selects the host of the
29. In 1983, the Volleyball Junior Olympics finals were held m Los Angeles,
30. As a member of the Sports Performance Volleyball Club Team and a member of
31. As part of the 1983 Junior Olympics at UCLA, Plaintiff spent the nights during the
32. As the sponsor of the 1983 Junior Olympics at UCLA, the AAU was responsible
33. During the 1983 Junior Olympics at UCLA, Butler had sexual contact with
COUNT I
(VIOLATION OF FLORIDA DECEPTIVE AND
UNFAIR TRADE PRACTICES ACT)
34. Plaintiff repeats and incorporates by reference the allegations contained in paragraphs
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35. The AAU has engaged in unfair and deceptive acts by soliciting and collecting
membership fees; while allowing Butler, who has engaged in sexual misconduct as defined by the
AAU to remain as a member. In the AAU' s written solicitations for membership, its handbook, and
Code, the AAU deceptively promotes the idea that it is the policy of the AAU "to deny
participation in the AAU to any individual for whom there is reasonable cause to believe that
they have engaged in sexual misconduct." (Section I. E. 2. Sexual Misconduct, of the AAU)
(emphasis added).
as:
Sexual Misconduct
(1) Any touching or non-touching sexual interaction that is (a) nonconsensual or
forced, (b) coerced or manipulated, or (c) perpetrated in an aggressive,
harassing, exploitative or threatening manner
(2) Any sexual interaction between an athlete and an individual with evaluative,
direct or indirect authority. Such relationships involve an imbalance of power
and are likely to impair judgment or be exploitative
(3) Any act or conduct described as sexual abuse or misconduct under federal or
state law (e.g. sexual abuse, sexual exploitation, rape)
Sexual misconduct includes sexual assault, sexual harassment, sexual abuse and
any other sexual intimacies that exploit an athlete. Minors cannot consent to
sexual activity with an adult, and all sexual interaction between an adult and a
minor is strictly prohibited.
38. Based upon the foregoing, the AAU assured its members that upon a reasonable
showing any individual who was believed to have engaged in sexual misconduct was to be denied
39. The AAU solicits membership fees from its members utilizing the false and
40. The statements of the AAU set forth above are "unconscionable acts or practices, or
unfair or deceptive acts or practices in the conduct of any trade or commerce" within the meaning
41. Plaintiff has retained undersigned counsel and is obligated to them for their reasonable
attorney's fees.
(b) entry of a declaratory judgment finding and declaring that the above
enumerated statements are deceptive and are false acts and practices
within the meaning of Fla. Stat. 501.207(l)(a);
(e) such other and further relief as this Court deems just and proper.
COUNT II
(NEGLIGENCE)
41. Plaintiff repeats and incorporates by reference the allegations contained in paragraphs
42. The AAU had a duty to use ordinary care to protect Plaintiff from foreseeable harm
while Plaintiff was a minor participating in volleyball events and practices. The AAU also has a
duty to protect Plaintiff as an adult and coach from having direct contact with her known sexual
abuser.
43. Plaintiffs care, welfare, and/or physical custody were temporarily entrusted to the
AAU, and the AAU accepted the entrusted care of Plaintiff. As such, the AAU owed Plaintiff, a
minor, a special duty of care that adults entrusted with children have to protect them from harm.
Having failed to fulfill that duty, the AAU has negligently permitted Butler to continue to occupy
the top levels of the volleyball universe, making it extremely stressful for Plaintiff to fulfill her
calling to be a winning and successful volleyball coach and to use the volleyball skills she has
44. Butler was able, by virtue of his unique authority and position as one of the leading
volleyball coaches in the United States, to identify vulnerable victims to sexually abuse; to
manipulate his authority to procure compliance with his sexual demands from his victims; to
induce victims to continue to allow the abuse; and to coerce his victims to not report the sexual
abuse to any other persons or authorities. Butler is now able to re-inflict those injuries on Plaintiff
at each tournament.
45. As a volleyball coach, Butler had and continues to have unique access to the
physical facilities where practices and events are conducted, and Butler has used said facilities as
a resource to sexually abuse minors, including Plaintiff, participating in his volleyball program.
46. The AAU, by and through its agents, servants, and employees, lacked reasonable
policies to protect its child athletes from sexual abuse by coaches then and now.
47. The AAU, by and through its agents, servants, and employees, knew or should
reasonably have known of Butler's dangerous and exploitive propensities and/or that Butler was
an unfit agent, and that he should have been removed in 1995, long before this year' s tournament.
48. It was foreseeable that if the AAU did not adequately exercise its special duty of
care owed to minors, including Plaintiff, then the children entrusted to the AAU would be
vulnerable to sexual abuse by coaches, including Butler, and that Butler' s victims would suffer
depression and other psychological ailments because of the AAU's failure to remove him from the
49. The AAU breached its duty of care to Plaintiff, when she was a minor, by allowing
Butler to have unsupervised contact with Plaintiff, and by failing to adequately supervise or
negligently retaining Butler, who the AAU permitted and enabled to have access to Plaintiff. The
AAU further breached its duty of care by holding Butler out to Plaintiff and her parents as
trustworthy and safe. And the AAU has now again breached their duty of care to Plaintiff as an
50. The AAU' s breaches of its duties are the direct and proximate cause of Plaintiffs
mJunes.
51. As a direct result of the AAU' s negligent conduct, Plaintiff has suffered damages,
WHEREFORE, Plaintiff demands that judgment be entered against the AAU for
compensatory damages, interest, and any other relief the Court deems proper.
::y~
Ronald P. Weil (FBN 169966)
R Weil@weilguaranta.net
Michael D. Padula (FBN 314810)
MPadula@weilguaranta.net