Ex USA Gymnastics Head Won't Answer Senate Questions

(ATR) Steve Penny invoked his Fifth Amendment rights against self-incrimination during a United States Senate subcommittee hearing about the Larry Nassar scandal.

Penny was subpoenaed by the committee entitled "Preventing Abuse in Olympic and Amateur Athletics: Ensuring a Safe and Secure Environment for Our Athletes".

Senators attempted to ask Penny when he first knew about Nassar’s abuse as a Team USA doctor and whom he contacted when he found out. Penny then responded to a number of questions from Sens. Jerry Moran (R-KS) and Richard Blumenthal (D-CT) by invoking his rights against self-incrimination.

Blumenthal said Penny was within his rights to decline to answer, but that as former head of USA Gymnastics he had a "responsibility" to answer. He said that "in the absence of your testimony, documents will speak for you".

Blumenthal then asked for clarification on a 2013 email from Penny to USOC chief of sport performance Alan Ashley in which Penny said "if Nassar is the gatekeeper we have a real issue".

"Respectfully Senator, I would like to answer your question," Penny repeated. "However, I’ve been instructed by attorney to assert my rights under the Fifth Amendment of the Constitution, and based upon on the advice of my attorney, I respectfully decline to answer your question."

After a few minutes of questioning, Senator Moran excused Penny from the hearing. Amy Compton, a former gymnast who was abused by Nassar, shouted "Shame!" at Penny according to those in the hearing room. A number of survivors of Nassar's abuse attended the hearing.

"Let the record reflect that you have availed yourself of privileges afforded under the Fifth Amendment of the Constitution not to give testimony that might incriminate you," Moran said. "Invocation of that right should not and does not imply guilt. The committee respects your rights to decline to answer questions on that ground, although we certainly would have liked to have heard from you today."

Penny’s lawyer released a statement after the hearing. Robert Bittman said his client "devoted his professional life to promoting the development of athletes at all levels in a safe and positive environment".

"Today, on the advice of his attorney, Mr. Penny declined to testify before the subcommittee while the matters that attempt to wrongly shift blame for Nassar’s crimes remain open," the statement read.

Senator Maggie Hassan (D-NH) said she wished Penny were compelled to stay for the entire hearing.

"As long as there are very powerful adult interests at play, unless we set up systems to empower and protect children, athletes, we are going to see this play out again and again," Hassan said when addressing the remaining two witnesses.

Former women’s national gymnastics team coach Rhonda Faehn and former Michigan State University President Lou Anna Simon also testified. Simon also was subpoenaed by the subcommittee, although she made it clear she had prepared to testify voluntarilylast month, and the June date presented a conflict for her lawyer.

The hearing originally was scheduled for May 22, but was postponed when Penny balked at testifying.

"Not a day goes by without me wishing that he had been caught and punished sooner," Simon said in her opening statement. "And not a day goes by without me wondering what we missed and what could have been done to detect his evil before a former youth gymnast filed her complaint with the MSU police in 2016."

Faehn was pressed about what she knew about the Nassar investigation, and why she was never questioned by investigators.

Faehn was fired last month from her position while conducting a national team camp. It was reportedly part of an ongoing restructuring by USA Gymnastics President Kerry Perry. Faehn said she did not want to speculate about her dismissal, and "can only speak to the timing".

"The morale is incredibly challenged," Faehn said of the state of gymnastics in the U.S. "The current athletes want to compete on behalf of USA. They understand their time and window is very short and there is great concern in that regard, and at the same time the most important thing that the parents and athletes need to understand is we want to help everyone understand that there has to be safety in place. There have to be significant changes."

Senators reiterated that the sex abuse scandal was the result of inaction from institutions designed to protect young athletes. Before questioning witnesses that subcommittee heard testimony from Sens. Joni Ernst and Jeanne Shaheen, who castigated the current setup under the Ted Stevens Amateur Sports Act.

Shaheensaid only eight percent of the $340 million in revenue the USOC brings in goes to athletes. She also highlighted generous compensation packages for USOC executives. She said that Congress should consider the USOC’s tax-exempt status and proposed that 50 percent of all USOC revenues go directly to athletes.

"The USOC abdicated its responsibility to ensure the safety of its young athletes and the organization continues to be less than forthcoming in exposing past abuse," Shaheen said in her testimony. "The USOC and USA Gymnastics and others must be held accountable and their failures brought to light."

The USOC website says in its investment strategy that 82 percent of revenues go to Team USA itself. Of that, 90 percent goes to high performance programs, training facilities, travel to competition, media and promotion. The final 10 percent of that goes to foundational programs to athletes and national governing bodies.

Sen. Ernst said Congress needs to make sure survivor’s stories are heard and taken seriously. She added that investigations are needed to figure out "who knew what ... and why people chose inaction when bad things happen" at these organizations.

Ernst says the SafeSport authorization act, which she cosponsored, is a start, but that "too much of the old culture exists," in U.S. sport.

"This negative underbelly of lympic sport jeopardizes these ideals and make a mockery of the hard work athletes take to success," Ernst said.

More Senate subcommittee hearings are expected. No dates have been set.

Written by Aaron Bauer

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