An arbitrator upheld the 10-year suspension of Peter Foley, the former head coach of the U.S. Snowboard team, for sexual abuse allegations.
The decision is the final step in a two-year investigation of Foley by the U.S. Center for SafeSport following allegations made by former athletes and an employee of U.S. Ski and Snowboard that were first reported by ESPN. Foley and the women were notified late Tuesday night, according to multiple sources.
"I don't think there's ever a true 'win' as a victim but what we did accomplish is making sports safer for all young athletes and staff supporting these athletes," Erin O'Malley, one of at least five women to file a complaint against Foley with SafeSport, told ESPN in a statement.
O'Malley said that while the SafeSport investigation and the arbitration process took an emotional toll on the women, "ultimately we are really proud of the work they did to uphold their work and duty to create a safe space for athletes and staff."
Foley's attorney, Howard Jacobs, did not respond to ESPN's request for comment Wednesday.
U.S. Ski and Snowboard fired Foley in March 2022 and he was suspended by SafeSport pending appeal in August 2023. Multiple sources told ESPN that Foley's suspension is for 10 years, with five years of subsequent probation. Former athlete and USSS board member Lisa Kosglow was also suspended in August for three years, with a two-year probation, after allegations that she had interfered with the investigation. Her case is still pending an arbitrator's decision, according to SafeSport's database.
"U.S. Ski & Snowboard strongly believes that there is no place in sport for abuse and misconduct, and remains an organization that prioritizes the safety, health and well-being of athletes and staff," the federation said in a statement to ESPN.
During their suspensions, neither Foley nor Kosglow may participate at any level in any Olympic or Paralympic activity.
"We thank all survivors who come forward to tell their stories," SafeSport CEO Ju'Riese Colón said in a statement to ESPN. "Though a small number of matters result in arbitration, when they do, we stand by our fair and thorough investigations and advocate for our sanctions to the end. Accountability is fundamental to the work we are doing to change culture and end abuse at every level of sport."
Foley, who had been the head coach of the U.S. snowboard team since its inception in 1994, led the national squad to seven Olympics, including the 2022 Beijing Games. His athletes, men and women, won a combined 35 Olympic medals.
But during the Beijing Games, former Olympic snowboarder Callan Chythlook-Sifsof made a series of Instagram posts accusing Foley of inappropriate behavior with his athletes.
Several weeks later, in a series of investigative reports, ESPN detailed some of the allegations against Foley, including that he sexually assaulted former U.S. Ski & Snowboard employee Lindsey Nikola in 2008 and three-time Olympian Rosey Fletcher when she was 19 during an Olympic development camp at Lake Tahoe. O'Malley, who joined the U.S. team in 1995, filed a report against Foley alleging inappropriate behavior.
In August 2023, two-time Olympian and current U.S. team member Meghan Tierney told ESPN she also filed a complaint against Foley with SafeSport for mental abuse and harassment.
Former national snowboarding champion Elke Barnes told ESPN in 2022 that she had been contacted by SafeSport investigators and asked to describe her experience at the same Tahoe camp that Fletcher attended. Barnes said she remembers waking up to hear Fletcher tell Foley to stop touching her "multiple times throughout the night, clear as day."
"To every individual who was abused by this person -- whether you came forward or not -- I want you to know I believe you, I'm sorry for what you endured, and I hope that this decision can be healing for you," Nikola told ESPN in a statement.
Fletcher, Chythlook-Sifsof and O'Malley also filed a lawsuit in federal court suing Foley, the national federation, its former CEO and the U.S. Olympic and Paralympic Committee for sex trafficking, harassment and enabling and covering up repeated acts of sexual assault and misconduct. Nikola filed a separate suit alleging that Foley forced her to take nude photos and sexually assaulted her while she was employed as a member of the USSS communications team.
A judge dismissed both cases in December for lack of jurisdiction. Kenya Davis, an attorney representing the women, told ESPN that they may pursue further action in civil court.