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Major League Soccer said the firm hired to oversee the Vancouver Whitecaps’ investigation into allegations of misconduct against two former women’s team coaches found the club acted properly and expeditiously in the matter.
Allegations of misconduct were brought by members of the Whitecaps women’s team against former coaches Bob Birarda in 2008 and Hubert Busby Jr. in 2011.
However, the firm found gaps in the initial external investigation conducted on behalf of the Whitecaps and made suggestions to both the club and MLS on how it could “improve and strengthen their efforts to create a safe working environment going forward.”
Following public allegations against the two coaches, MLS announced last October that it would hire an outside law firm to investigate how the Whitecaps handled the allegations. The league hired Janice Rubin of the law firm Rubin Thomlinson LLP to conduct the investigation.
In a statement sent to ESPN, MLS said: “The independent review found that the Whitecaps’ response to the allegations was appropriate and that the club acted expeditiously to hire an experienced workplace investigator, relied on the investigator’s judgment and adhered to all researcher recommendations.
“While the report noted that the club could have initially done more to support players following the 2008 investigation, investigators found that the Whitecaps had adopted a more player-centric response to the allegations since 2011 and have since stepped up its policies and practices.
“The report does raise concerns about the external investigations conducted at the time, but does not attribute those concerns to the Whitecaps relying on the expertise of the external investigator. The investigation also found that there was no evidence that the club tried to deny or cover up the allegations made in 2008 and 2011, but rather took it seriously and actively ensured that the allegations were dealt with.”
In February, Birarda pleaded guilty to three counts of sexual assault and one count of touching a young person with sexual intent. The charges stem from complaints by four women who were teenagers when he trained them. The crimes occurred between 1988 and 2008. He is scheduled to be sentenced in September, with prosecutors seeking a sentence of nearly two years plus three years of probation.
Birarda coached the Whitecaps women from 2006-08. He was fired from his positions with Canada Soccer, where he coached the U20 women’s national team, and the Whitecaps in 2008 after complaints from players on both teams. He continued to coach youth players until early 2019, when allegations of impropriety were made public by women who played on the Canadian U20 team while he was still coaching a decade ago.
In a 16-page document provided by MLS, Rubin Tomlinson identified 30 people to be interviewed, but only 13 agreed to take part, including four current and one former Whitecaps employee, as well as three former players. Rubin Tomlinson’s investigation has revealed that a confidential separation agreement has been reached between the Whitecaps and Birarda.
Rubin Thomlinson’s review found that although the Whitecaps did not try to cover up Birarda’s conduct, the investigation was found to have been “perfunctory and lacking in depth. They appear to have been rushed and limited in the number of individuals interviewed. the concern was the lack of verification of the phone allegedly used by Mr Birarda to send text messages to players in 2008.”
Busby, who succeeded Birard as Whitecaps women’s coach from 2010-12, was accused by a player he was recruiting of soliciting sex when he was coaching the Whitecaps women’s team. The alleged incident occurred in 2011. The 2011 investigation was “inconclusive,” but Busby was not detained by the team.
Rubin Thomlinson’s review said: “Some of the investigator’s findings appeared overly generous to Mr. Birarda and Mr. Busby Jr. despite the evidence of their misconduct toward the players.”
Busby later denied the allegations when they became public, but was suspended by the Jamaica Football Association at the end of 2021. He was replaced on an interim basis by Vin Blaine. Lorne Donaldson was eventually hired to take over the position full-time.
The MLS statement added that the report also assessed the Whitecaps’ current policies and procedures and found that the club has strong measures in place to ensure a safe environment, in the form of well-developed policies and procedures, robust training, coaching vetting practices and confidential lines to report.
The statement said: “However, the investigators offer several recommendations for how the MLS league office and the Whitecaps organization can continue to improve and strengthen their efforts to create a safe work environment moving forward.” While many of these improvements are already underway, the league and club are committed to immediately accepting and implementing all of these recommendations.”
The Whitecaps also released a statement saying in part: “We salute the brave women who have spoken out and been fierce advocates for change both publicly and behind closed doors. We look forward to working hand-in-hand with our players and the football community to move the club forward and ensure that respect and dignity are embedded in the DNA of our organisation.
“We have supported this investigation from the outset and are guided by our commitment to foster a culture of zero tolerance for any form of harassment or abuse. While Rubin Tomlinson’s report found that our organization took the allegations seriously and acted on the expert advice of an external investigator, it is clear that we could have done better, particularly in the way we supported and communicated with our players.
“We are truly sorry for the women who were affected, our staff, players and the community.”
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