SPORTICO Quotes Sue Ann Van Dermyden in its Reports on Washington Football Team
On July 16, 2020, the Washington Post published an expose about the Washington Football Team organization’s problematic workplace culture. Fifteen female former employees told the Washington Post they were harassed during their time with the NFL football team. The allegations cover the years 2006 to 2019. According to the Post, the misconduct included sexual comments, verbal abuse, uninvited physical contact, flirting, and other improper conduct.
The same day, Sportico published an online article detailing the allegations against the Washington Football Team.[1] The article also explained that team owner Daniel Snyder retained outside counsel, Washington D.C. attorney Beth Wilkinson, to independently investigate the allegations.
Sportico author Michael McCann, who previously wrote for Sports Illustrated, quoted Sue Ann Van Dermyden to help explain the importance of an outside investigation:
The Washington Football Team has retained Washington lawyer Beth Wilkinson to conduct a review of the team and its culture in light of the Post’s investigation and story. Maintaining credibility will be essential for Snyder to present his case to the league and the public.
“It is a critical first step to retain a third-party investigator when there are allegations of sexual harassment against top executives — which the Redskins have done here,” Sue Ann Van Dermyden, an attorney whom the Sacramento Kings hired to investigate coach Luke Walton for alleged sexual misconduct, said. “It is imperative that the investigators are truly independent and not influenced by anyone at the team with an interest in the outcome.”
On July 21, 2020, Sportico published another article. This one detailed more about the Redskins’ response to the allegations.[2] Specifically, the article explained that Daniel Snyder made a statement clarifying the role of Wilkinson and said she was, “Empowered to do a full, unbiased investigation and make any and all requisite recommendations.” Sportico author Michael McCann quoted Sue Ann Van Dermyden to help explain what Beth Wilkinson would be tasked with doing as the independent investigator hired by the Washington Football Team:
Sue Ann Van Dermyden, a senior partner at Dermyden Maddux Law Corporation and a workplace investigations expert whom the Sacramento Kings hired to investigate coach Luke Walton for alleged sexual misconduct, tells Sportico that a workplace investigation “rarely if ever determines if conduct is unlawful.”
Attorney-investigators are also not retained to advocate for the client, Van Dermyden said. Instead, the role of the attorney-investigator is mainly two-fold: 1) determine by a preponderance of the evidence if the alleged workplace misconduct occurred; and 2) assess if any misconduct violated an employment policy or contractual agreement. A report that addresses those two areas neither attempts to answer if laws were broken nor speculates on other points of inquiry (such as whether a league should take action against an owner).
McCann also quoted Sue Ann Van Dermyden later in the article to help explain how the Redskins could utilize the final report once the investigation concludes. In particular, Sue Ann Van Dermyden noted that the investigative report would be protected by the attorney-client privilege and thus confidential. However, the Redskins would have the option to waive the privilege and share the results of the investigation with others, including the public or the NFL:
Materials gathered and transcripts of interviews conducted by attorney-investigators are typically subject to attorney-client privilege. This can make an investigation inaccessible to others—a not insignificant worry when Washington could be sued by the complainants or if the NFL demands a full accounting. However, Van Dermyden notes that it is not uncommon for clients to waive the privilege to show a good faith response and establish “that they did the right thing.” Being able to show a good faith response can support certain defenses if the company ends up in litigation.
To read both articles and see all of Sue Ann’s comments, read here:
SNYDER’S STANDING AS REDSKINS OWNER DEPENDS ON NEXT STEPS
REDSKINS INVESTIGATION LEAVES NFL OUTSIDE WITH SKEPTICS LOOKING ON
