Scott Blackmun. (AP Photo/David Zalubowski)

An independent report, commissioned by the U.S. Olympic Committee, on how sports doctor Larry Nassar was allowed to sexually abuse young athletes for decades refers to a “constellation of underlying factors,” including failures by institutions and individuals. One key individual in that constellation, according to the report, was Scott Blackmun, former USOC general counsel, who was its CEO during the scandal.

Nassar was charged in state and federal felony proceedings in Michigan for criminal sexual conduct, child pornography and destruction of evidence. He pleaded guilty in federal court and two Michigan state courts, and he was sentenced in January to 40 to 175 years in prison.

The 233-page report, the “Constellation of Factors Underlying Larry Nassar's Abuse of Athletes,” was released Monday by co-authors Joan McPhee and James Dowden, partners at Ropes & Gray.

The report makes clear that Blackmun was not alone. It also details failures to act by Stephen Penny, then-president and CEO of USA Gymnastics, and by Alan Ashley, USOC's chief of sports performance.

The Associated Press reported that the USOC fired Ashley on Monday after the report was released. Citing poor health, Blackmun had already resigned in February. Penny resigned in March 2017 and was indicted on federal evidence tampering charges in October.

Ashley and Penny are not lawyers; Blackmun is. He could not be reached for comment at two phone numbers listed for him Tuesday.

The report said specifically in the summer of 2015, Penny advised Blackmun and Ashley that USAG had received disturbing allegations about the gymnastics team doctor, Nassar.

According to the report, Blackmun:

• Did not inform anyone else at the USOC of the allegations, including any member of the USOC board of directors or any member of the working group called the SafeSport team.

• Did not initiate any internal review “to gather facts regarding Nassar, the athlete concerns, the scope of the alleged misconduct or Nassar's ability to gain access to athletes at USOC-owned and operated facilities, such as the U.S. Olympic Training Center in Colorado Springs, Colorado.”

• Did not alert other youth-serving organizations, including the Michigan State University gymnastics team, with which Nassar was affiliated, about the ongoing potential risk of harm.

• Did not report the allegations to law enforcement.

• Did not implement any policies or procedures to handle the Nassar complaints or to help the victims.

Blackmun did take one action, according to the report: He deleted an email from Penny, which the Ropes & Gray investigation recovered, that contained Nassar's name.

The report said the collective “inaction and concealment had consequences: Dozens of girls and young women were abused during the year-long period between the summer of 2015 and September 2016,” when the Indianapolis Star published the allegations.

The report said the USOC allowed different Olympic groups to erect their own procedures, “some of which were not conducive to athlete safety.” The USAG, for instance, ignored credible reports of abuse, and instead required the complaining party to comply with numerous procedural requirements that operated to block or delay effective action, the report said.

Some groups, such as USA Figure Skating and others, required complaints to be filed within 60 or 180 days of the violation. USA Swimming required a formal complaint to be filed before responding, even after receiving credible reports of ongoing abuse, the report said.

“These institutions and individuals ignored red flags, failed to recognize textbook grooming behaviors, or in some egregious instances, dismissed clear calls for help from girls and young women,” the report said.

It continued, “USAG and the USOC took no meaningful steps to protect athletes from the danger presented by Nassar. Rather, these organizations, each in their own way, maintained secrecy regarding the Nassar allegations and focused on controlling the flow of information about his alleged misconduct.”

Blackmun, who cooperated in the Ropes & Gray investigation, told investigators that when he joined the USOC as CEO, the subject of child sexual abuse in sport was “not on my radar.”

He stated, “When I started in 2010 if someone said what are the top 15 priorities for the USOC, I wouldn't have had sex abuse on the list.”

Before becoming CEO, Blackmun had served a previous stint with the organization. In 1999 he served as general counsel, in 2000 as senior managing director of sport, and in 2001 as acting CEO. Then he left to become CEO of Anschutz Entertainment Group for nine years.

Prior to moving in-house, Blackmun spent 20 years practicing law in Colorado, first with Holme Roberts & Owen, where he became partner, and later with Hogan & Hartson, where he served as managing partner of its Colorado Springs office.

A graduate of Stanford Law School, Blackmun was recognized for Team USA's high medal counts in Olympic Games since 2010, and for nearly doubling the USOC's net philanthropic support. In 2012 SportsBusiness Journal named him sports executive of the year, and the USOC as sports league of the year before the Nassar scandal surfaced.

“Nassar's ability to abuse athletes for nearly three decades is a manifestation of the broader failures at USAG and the USOC to adopt appropriate child-protective policies and procedures to ensure a culture of safety for young athletes,” the report said.

“Although neither organization purposefully sought to harm athletes, both adopted general governance structures and specific policies concerning sexual abuse that had the effect of allowing abuse to occur and continue without effective intervention,” the report added.

 

Read more:

Ropes & Gray Report Charts Gymnastics Officials' Failure to End Abuse