Equestrian businessman challenges SafeSport ban at 10th Circuit

The owner of an equestrian training facility sued the U.S. Center for SafeSport over his exclusion from U.S. Equestrian Federation events based on accusations of sexual misconduct.DENVER (CN) — The owner of an equestrian training facility asked the 10th Circuit on Tuesday to revive his challenge against the U.S. Center for SafeSport over its process and ability to investigate claims of sexual misconduct.“If you look at the policies of SafeSport, there are numerous constitutional deficiencies in there,” argued attorney Avery Chapman, who represents Derek Strine, the owner of an equestrian training facility. “There is a shifting of the burden of proof, for example, all allegations are taken as true.”As the owner of Barnstaple South in Marion County, Florida, Strine is also a member of U.S. Equestrian Federation. Under federal law, the nonprofit U.S. Center for SafeSport creates rules to prevent abuse across dozens of U.S. Olympic and Paralympic sports, including equestrian competitions regulated by the U.S. Equestrian Federation.In September 2023, two women filed complaints against Strine through SafeSport, claiming sexual misconduct. During the investigation, Strine was temporarily barred from participating in activities sponsored by the U.S. Equestrian Federation. Although Strine was neither a coach or an athlete, he said the decision limited his ability run his business.While the women each pursued — and settled — civil claims, no criminal charges were filed.In a March 2023 civil complaint filed in Marion County, Florida, a 22-year-old woman said she met Strine as a trainer, rider and fellow business owner. After accepting an invitation to dinner, the unnamed woman recalled blacking out and waking up nude in Strine’s bed, having been sexually assaulted.In another civil complaint from December 2024, a woman claimed Strine failed to pay a $385,000 settlement, leaving a six-figure balance due after further mediation fell through.Two days after he was deemed permanently ineligible in August 2024, Strine sued SafeSport claiming the organization failed to provide him due process in investigating the sexual misconduct claims. Strine also questioned SafeSport’s authority to investigate him, since he didn’t train or participate in the sport.After a lower court dismissed his complaint last year, Strine appealed to avoid facing arbitration from SafeSport, arguing he shouldn’t be subjected to the nonprofit’s proceedings or code.“What is the delegation that you contend is improper, is it the rulemaking?” asked U.S. Circuit Judge Veronica Rossman.Chapman, who hails from Wellington, Florida, said SafeSport didn’t just make rules, it made rules that operate as law without limits.“It is that the policy and procedure rulemaking, once promulgated becomes law,” Chapman argued. “I don’t want to minimize what the impact is, but what if the rule said everyone at a national governing body had to wear purple or drive a purple car?”U.S. Circuit Judge Gregory Phillips, a Barack Obama appointee, asked why Strine didn’t challenge individual policies. Chapman said the only means to challenge SafeSport’s policies were in court or arbitration that Strine objected to.In defense of SafeSport, Denver attorney Joseph Zonies argued Strine opted into following SafeSport rules when he joined the U.S. Equestrian Federation — which isn’t the only pony show around.“This is a limited body,” Zonies said. “The U.S. Equestrian Federation only handles a third of the sport’s events. There’s a whole ecosystem out there that advertises ‘come to us, we don’t follow SafeSport.’”Rossman asked about the language that gives SafeSport the ability to make rules “as though” they were law.“What does ‘as though’ mean if it doesn’t give it the full effect of federal law?” the Joe Biden appointee asked.Zonies explained SafeSport’s rules merely guide national governing bodies for sports.“That policy is saying ‘hey national governing bodies, your policies have to protect athletes from abuse in sport,” Zonies said.U.S. Circuit Judge Harris Hartz, a George W. Bush appointee, rounded out the panel. The court did not indicate when or how it would decide the case.Earlier this year, a separate 10th Circuit panel upheld SafeSport’s 2024 decision to suspend the president of USA Badminton for failing to investigate claims of sexual abuse.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads