GREENVILLE, S.C. (Legal Newsline) - Litigation alleging sexual abuse of teenage cheerleaders in South Carolina will continue against Varsity Spirit, a worldwide operator of training camps and sanctioning bodies.
Varsity is one of many defendants caught up in the lawsuit of seven women and two men who say they were sexually abused by coaches, one of whom later killed himself - Scott Foster.
On June 20, Greenville federal judge Henry Herlong allowed allegations of gross negligence, unjust enrichment and negligent security to proceed, despite granting much else of Varsity's motion to dismiss.
Varsity had argued it owed no duty to the plaintiffs, who were cheerleaders at the now-closed Rockstar Cheer. The plaintiffs said Varsity created the U.S. All Star Federation to serve as All Star cheer's rulemaking body responsible for certifying coaches and gyms while maintaining the sport's safety guidelines.
"Plaintiffs - who were required to become USASF members to compete at Varsity events - state that Varsity and other Defendants knew of the 'dangers' posed by the competitive cheerleading environment and thus 'created rules specifically intended to address the risks of sexual, physical and mental exploitation of minor athletes...'" the ruling says.
"Yet, despite that knowledge and those guidelines, Defendants (including Varsity) allegedly failed to vet coaches, investigate and report complaints of sexual abuse, and enforce rules related to 'chaperoning and supervis[ing] minors' and banning coaches."
Foster was allowed to maintain contact with athletes while serving a USASF-imposed suspension for drinking alcohol with minors, the lawsuit says. It adds other coaches were allowed to quietly relocate to new gyms without parents knowing about allegations of misconduct.
These allegations were sufficient to allege Varsity owed the plaintiffs a duty, the decision says. Claims including fraud, RICO, and civil conspiracy were dismissed.
Foster shot himself on Aug. 22, having learned of an investigation by the Department of Homeland Security of allegations he was sexually abusing underage athletes, the suit says.
The complaint includes allegations Foster sent pictures of his penis to an 16-year-old boy who later felt obligated to perform oral sex on Foster. The rest of the allegations can be read here.
The account of one plaintiff reads:
"When the team arrived at the hotel the night before the competition, Plaintiff Jane Doe 3 recalls that multiple people stayed in a single room per Defendant Scott Foster’s arrangement.
"One such person assigned to stay in Plaintiff Jane Doe 3’s room was an adult coach who climbed into bed with Plaintiff Jane Doe 3 and groped and fondled her, and digitally penetrated her. She was 16 years old at the time.
"Thereafter Defendant Scott Foster arranged for Plaintiff Jane Doe 3 to receive a private lesson from the same coach. Instead of training, however, the other coach took Plaintiff Jane Doe 3 to his apartment, where he gave her alcohol and marijuana, before transporting Plaintiff Jane Doe 3 to a secondary location, where he raped her."