USTA accused of trying to prohibit key evidence in sexual abuse lawsuit after organization files to have Pam Shriver's testimony dismissed

USTA accused of trying to prohibit key evidence in sexual abuse lawsui
USTA accused of trying to prohibit key evidence in sexual abuse lawsui

The USTA (United States Tennis Association) has landed in controversy after a recent court filing, where the organization sought to have Pam Shriver's key testimony dismissed in a sexual abuse lawsuit.

Kylie McKenzie, 24, who was once considered one of the most promising youngsters in the country, filed a lawsuit against the USTA last year for failing to protect her from sexual assault. The coach in question, Anibal Aranda, is accused of touching her inappropriately a few years ago when she was still a teenager.

While Aranda has claimed innocence, the USTA responded by firing the coach. An investigation into the matter by the U.S. Center for SafeSport also concluded in favor of the victim. After a seven-hour disposition by McKenzie in April last year, her lawyer, Robert Allard, accused the USTA of “belittling, embarrassing and intimidating survivors.”

Shriver testified at the time, an experience about which she felt rather proud of later on.

“In the end, I feel a real pull to support and give some perspective to what it’s like to be a player and have a coaching situation not be professional. I feel like supporting young women who have been traumatized," Shriver said, as quoted by the New York Times.

However, it has come to light that in a filing this week, the USTA is trying to persuade the judge to discount Shriver's testimony as inadmissible and irrelevant, claiming that the 22-time doubles Grand Slam champion did not have direct knowledge of McKenzie's case.

The organization is also seeking to dismiss claims that Pam Shriver was warned not to say too much about her own experience with sexual abuse and to keep away from McKenzie's lawyer.

Amy Judkins, another lawyer representing Kylie McKenzie, clarified the events in question through a statement (via The Athletic), arguing that the USTA's attempt to suppress evidence could be interpreted as "gross negligence" by a jury.

“Here is what happened. Staciellen Mischel (USTA's Deputy Chief Legal Officer) cautioned Shriver against speaking out about her personal experience of sexual abuse as a young tennis player, including ‘warning’ Shriver against speaking with Ms. McKenzie’s counsel in this case."
"Mischel issued that warning soon after Shriver came forward publicly about the sexual misconduct she experienced as a young tennis star, and soon after Shriver and Ms. McKenzie became acquainted over their shared experiences of abuse. Shriver testified that she interpreted this conversation as a warning from USTA: ‘don’t say too much.' Evidence that defendants attempted to silence victims can be interpreted by a jury as evidence of gross negligence.”

Pam Shriver has urged the WTA to fight against sexual relationships between female tennis players and their coaches

2014 US Open - Day 3
2014 US Open - Day 3

Pam Shriver has been outspoken in her fight to protect women tennis players, especially to safeguard them from their own coaches. Shriver, who herself was in a relationship with her then 50-year-old coach when she was just 17, believes that the WTA has to do more to see this doesn't become the norm in the sport.

Speaking in an interview last year, the American urged the women's tennis body as well as the four Grand Slams to step up and be "better leaders" in matters such as these, stating that such relationships should never be considered appropriate.

"There has been such an acceptance that this happens. That has to switch to ‘no, it can’t happen. I would like see the four majors, which together have 12 important weeks of the calendar, to step up and be better leaders on this thing," she stated. "I think there are some real opportunities to make inroads."

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