Jon Jackson and Ron Pfenning Exonerated
Jon Jackson and Ron Pfenning Exonerated |
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World Skating Federation
FOR IMMEDIATE RELEASE
LAS VEGAS, NEVADA. (October 13, 2004) -- On September 10, an independent panel appointed by the United States Figure Skating Association (USFSA) dismissed all charges against Jon Jackson, former Chair of the USFSA's International and Ethics Committees, and Ron Pfenning, Acting President of the World Skating Federation (WSF). The charges named the two in a written grievance originally filed by Morry Stillwell, former USFSA President and Chair of the International Skating Union Grand Prix Management Commission. Stillwell alleged that Jackson and Pfenning harmed the USFSA by violating rules and bylaws of the association when they formed the WSF. The USFSA then took over for Mr. Stillwell and prosecuted the grievances as its own. Jackson and Pfenning united with other like-minded international figure skating officials to create the WSF, an athlete-centered alternative to the ISU. Their mission is to return integrity, transparency and honor to the sport and create an environment where athletes will be judged solely upon their merit. After hearing evidence, including live testimony from witnesses for an entire day, the independent panel ruled overwhelmingly in favor of Jackson and Pfenning and dismissed all charges. The decision had remained confidential pending a 30-day appeal period which expired on October 10 with no appeal taken by the USFSA.
The independent panel's written decision and the entire transcript of the hearing can be reviewed at www.worldskating.org.
The transcript reveals a dysfunctional USFSA leadership that stoops to acts of political retribution and reneges on its responsibility to the athletes while pursuing election to ISU office. At the center of this tragicomedy is Phyllis Howard, who in 2003 ran for, and was elected to, the powerful ISU Council while she was still USFSA President. The official record shows that her dual role created many conflicts of interest between her obligations to the USFSA and the ISU. Even the President of the ISU, Ottavio Cinquanta, questioned her about whether she could fulfill both roles at once. USFSA President Charles Foster compounded Howard's conflicts of interest by appointing her as the oversight official for the Stillwell grievance against Jackson and Pfenning, essentially placing an ISU official over an ethical challenge to the ISU.
When Howard's duties have required difficult decisions to support the USFSA and its athletes, she has opted instead to appease the ISU and engage in political deals to secure her election to the ISU Council. For example, the hearing testimony revealed that she refused to support U.S. pair team Kyoko Ina and John Zimmerman's request to protest their placement in the 2002 Olympic Games, reasoning that "[i]t is not worth the political risk." Howard told the athletes if they were to protest they would have to "go it alone."
The transcript shows in chilling detail that the emergence of the WSF terrified and divided the leaders of the USFSA. When Charles Foster became President of the USFSA in May 2003, he immediately violated his oft-stated campaign promise to unite the organization. Instead, he vigorously pursued and encouraged a witch-hunt against Jackson, Pfenning and their supporters. Sharon Watson, USFSA Secretary, testifying at the hearing, verified that USFSA officials were watching Jackson with binoculars at figure skating events to find out who was associating with him. "The entire matter was replete with paranoia and personal vendettas," according to Ron Pfenning.
USFSA Treasurer Joan Rozolis testified that the USFSA spent $200,000 fighting the WSF "in the filing of grievances and legal opinions."
"It is the ultimate hypocrisy that Chuck Foster would actively seek the endorsement of the WSF in his campaign for President of the USFSA," said Jackson, "and then turn around and seek to malign and banish Ron and me. To spend some quarter-of-a-million dollars for a political payback while simultaneously cutting funding to US athletes is outrageous."
The Stillwell grievance continued despite Jackson and Pfenning's appeal to the United States Olympic Committee (USOC) for an independent arbitration. According to John Ruger, USOC ombudsman, this is the first time that a member federation has moved forward with an internal grievance when an independent USOC-sanctioned arbitration panel had been requested. A USOC arbitration would have guaranteed certain due process rights and its arbitrators would have had no ties to figure skating.
That did not surprise James Nguyen, Jackson and Pfenning's attorney: "From the beginning, the USFSA denied various due process rights to my clients, ignoring many of its own rules and the protections afforded Mr. Jackson and Mr. Pfenning by the USOC. Yet, we prevailed because the facts were so overwhelming in favor of my clients. In the end, justice prevailed and the voices of Mr. Jackson and Mr. Pfenning were not silenced." Nguyen is a partner in the Los Angeles office of the national firm of Foley & Lardner LLP. Nguyen's firm handled the case pro bono because Mr. Jackson and Mr. Pfenning are volunteers and to help protect basic free speech rights.
"In establishing the WSF, Ron and I violated no USFSA rules or bylaws," Jackson stated. "The WSF was a challenge to the ISU only. It did not affect any member federation in any way." This costly, retaliatory grievance took an astonishing 591 days to resolve.
The outcome of the Stillwell grievance is a victory for the most fundamental of American values: freedom of speech and freedom of association. Ron Pfenning gets the last word: "I am proud of the way Jon and I stood up for athlete rights. This is a complete vindication of our efforts."
For additional information,
James Nguyen, Foley & Lardner LLP, counsel for Mr. Pfenning and Mr. Jackson, may be contacted at (310) 975-7837.
Ron Pfenning may be contacted at (508) 775-5734.
Jon Jackson may be contacted at (702) 581-5515.
Supporting documents available from the WSF web site (PDF files):
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