McKayla signed NDA to stay silent about abuse

From Harpers Bazaar UK

McKayla Maroney is one of several U.S. Olympic gymnasts who have come forward claiming sexual abuse by former USA Gymnastics team doctor Larry Nassar. Maroney said in a statement posted to her Twitter in October 2017 that she was molested by Nassar for years, starting in her early teens and throughout her competitive career as a gymnast. (Simone Biles, Gabby Douglas, and Aly Raisman have also shared their stories about mistreatment they received from Nassar.) Nassar is to be sentenced this week, where 88 women are scheduled to deliver victim impact statements.

But because of a non-disclosure agreement contained in a settlement agreement Maroney signed with USA Gymnastics, Maroney could face a $100,000 penalty for speaking about her alleged abuse or the settlement. Maroney reached a $1.25 million settlement deal with USA Gymnastics in December 2016; the agreement includes non-disparagement and confidentiality provisions. Last December, Maroney filed a lawsuit with USA Gymnastics and others seeking monetary damages and among other things asking the court to nullify those provisions.

John Manly describes the confidentiality agreement as “an immoral and illegal attempt to silence a victim of child sexual abuse.” (Maroney has already broken the NDA once when she made her statement in October.) “McKayla was and is in rough shape,” Manly told the The New York Times in December following the filing of the lawsuit. “She needs help, therapy, she can’t work, for periods she couldn’t even get out of bed. She was desperate for the financial support and needed to move on.”

USA Gymnastics, in response, confirmed the NDA to the Times but denied the organisation initiated it. “Contrary to reports, the concept of confidentiality was initiated by McKayla’s attorney, not USA Gymnastics. USA Gymnastics cannot speak to the mediation process, which is confidential and privileged under California law. The process culminated in a settlement agreement that included a mutual nondisclosure clause and a mutual non-disparagement clause.”

Though it isn't clear whether USA Gymnastics would seek to enforce the $100,000 penalty, Chrissy Teigen has taken to Twitter today to offer to pay any fine Maroney may face for breaking the agreement. "The entire principle of this should be fought," Teigen wrote. "An NDA to stay quiet about this serial monster with over 140 accusers, but I would be absolutely honoured to pay this fine for you, McKayla."

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