Canyons Aquatic Club Facing Wrongful Termination, Whistleblower Retaliation and Sexual Assault Claims
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A former swim coach, David Kuck, is suing Canyons Aquatic Club alleging wrongful termination, whistleblower retaliation, and sexual assault. Canyons Aquatic Club hired Kuck as their head swim coach in July 2017. He started work with the organization the next month. Kuck came to Canyons Aquatic Club from SwimMAC, a nationally recognized club located in North Carolina. Kuck claims he was fired from his position with the Canyons Aquatic Club for blowing the whistle on crimes that implicate the late Jeremy Anderson, child sex crimes suspect.
Kuck’s attorneys filed suit in Los Angeles Superior Court. They have stated publicly that the case is textbook whistleblower retaliation. President of the Canyons Aquatic Club, Carole Horst, responded to claims that personnel matters at the organization are “private matters” and they do not provide comment on private matters. According to the lawsuit, the club and its parent organization, USA Swimming, failed to respond to multiple complaints Kuck lodged regarding “predator” coach Jeremy Anderson, known commonly as Jay Anderson. According to the lawsuit, Kuck noticed and reported Anderson’s abusive behavior almost immediately after joining the swim club staff.
Anderson was an accomplished SCV swim coach. He was taken into custody by U.S. Marshals in Costa Rica last June on suspicion of performing lewd acts with a child. He died shortly after being taken into custody.
Kuck claims he was fired after he notified the Canyons Aquatic Club and USA Swimming and the regional arm over USA Swimming, Southern California Swimming, of a number of incidents in which Anderson committed acts of sexual abuse and other forms of abuse towards minor male swimmers.
According to Kuck’s lawsuit, he reported multiple instances of abuse (including sexual abuse) and despite these notifications, the club board refused to act unless they were told to do so directly by their supervising entity, USA Swimming. Kuck alleges that during this time period a former board member advised him that USA Swimming and the Canyons Aquatic Club board members were aware of Anderson’s conduct, but would not take action to stop it.
Kuck took the matter outside the group, contacting officials from the Center for Safe Sport and Southern California Swimming in mid-November 2017. He sought immediate assistance and action regarding Anderson’s sexual abuse towards minor swimmers at the club. At the end of 2017, the board gave Kuck approval to terminate Anderson, but only after they were notified that the Sheriff’s Department was planning to carry out immediate action against Anderson at College of the Canyons where the swim club is located. While approval for termination of Anderson was granted, the board also forbid Kuck from vocalizing his concerns or notifying any staff or club member of the allegations or concerns. The board claimed the gag order was because they feared attracting lawsuits or inspiring more victims to come forward.
As the investigation continued, more evidence of the sexual abuse was discovered. The criminal investigation into Anderson was made public in June 2019.
Retaliation against Kuck for whistle blowing allegedly began in December 2017. The club refused to pay his bonuses even though they were doing so for other employees. Right before he was terminated, Kuck claims he discovered the club had been operating illegally as a suspended California corporation. He notified the board. Kuck claims his refusal to stay silent as the club continued to operate illegally in violation of California law was another factor leading to his termination.
When Kuck approached the board regarding the culture that enabled past instances of abuse committed by Anderson, and other instances of bullying that continued to run rampant throughout the club membership, he was terminated. His wife, another coach on staff, was also terminated. The club also terminated the memberships of the Kuck’s three children. Kuck was not presented with his final paycheck upon termination, provide him with bonuses or vacation pay he was owed, or issue his final wage statement.
If you need to discuss how to file a wrongful termination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.
