WAG Arizona Sunrays owner Dan Witenstein has been added to the permanently Ineligible list

[gymjunkie]

They agree to ACCEPT the arbitrator's ruling BEFORE it can be arbitrated.

So if the accuser is satisfied with Safe Sport's findings, why would they agree to arbitration?

 

[flippin out]

Y

Just curious. How do both parties agree if it's the accused who chooses arbitration?

They agree to ACCEPT the arbitrator's ruling BEFORE it can be arbitrated.

Yes. @raenndrops Exactly This. Also, both parties is probably not what you were thinking. One party is the accused obviously, but in arbitration the 2nd party is The Center. This process is about whether The Center correctly handled the case. The accused may be represented by a lawyer (most choose to have a lawyer) and the The Center is also represented by an outside lawyer. And an independent arbitrator hears the case. His/Her ruling is final and binding.

 

[flippin out]

So if the accuser is satisfied with Safe Sport's findings, why would they agree to arbitration?

If the accused files for arbitration an arbitration will happen. The “accuser or accusers” have no say in stopping that. The arbitration process is between the accused and The Center. “ Both parties” is probably not what you were thinking. One party is the accused obviously, but in arbitration the 2nd party is The Center. This process is about whether The Center correctly handled the case

 

[gymjunkie]

Thanks for explaining!

 

[gymjunkie]

Dan Witenstein, coach and owner of Arizona Sunrays, re-suspended by USA Gymnastics

USA Gymnastics cited SafeSport’s sexual misconduct violations section as the reason for Dan Witenstein’s suspension.

www.usatoday.com

 

[flippin out]

so what happened was that he was placed on temporary suspension back in 2018 (similar to Haney) while the investigation is/was ongoing. So the earlier 2018 article was misleading (bc it was quotes from his own gym, not from any official source) when saying he was "cleared" and taken off list. The investigation has been ongoing since 2018, he was just able to get the temp suspension dropped.....now this permanent suspension is the result of the conclusion of the investigation. He has filed an appeal, so this suspension is pending the outcome of that hearing. Once that arbitration hearing has taken place, the results of that hearing will be binding

 

[raenndrops]

so what happened was that he was placed on temporary suspension back in 2018 (similar to Haney) while the investigation is/was ongoing. So the earlier 2018 article was misleading (bc it was quotes from his own gym, not from any official source) when saying he was "cleared" and taken off list. The investigation has been ongoing since 2018, he was just able to get the temp suspension dropped.....now this permanent suspension is the result of the conclusion of the investigation. He has filed an appeal, so this suspension is pending the outcome of that hearing. Once that arbitration hearing has taken place, the results of that hearing will be binding

Actually, since the arbitration is between Witenstein and The Center (NOT USAG), the results are only binding for Witenstein and The Center.
Which means, if by some miracle the arbitrator agrees with him, then The Center can't do anything about it, but USAG could technically still keep him banned. Don't know how likely they would be to do it, but ...

 

[gymjunkie]

Actually, since the arbitration is between Witenstein and The Center (NOT USAG), the results are only binding for Witenstein and The Center.
Which means, if by some miracle the arbitrator agrees with him, then The Center can't do anything about it, but USAG could technically still keep him banned. Don't know how likely they would be to do it, but ...

No miracle for Mr. Witenstein. Members of Sunrays were recently informed that he lost his arbitration hearing and that he has permanently retired.