Derek Strine SafeSport 10th Circuit Challenge Heard

• Equestrian facility owner Derek Strine is challenging his permanent ban from U.S. Equestrian Federation events by the U.S. Center for SafeSport in the 10th Circuit.
• Strine argues SafeSport denied him due process and exceeded its authority by investigating him despite his non-athlete status.
• His attorney claims SafeSport's policies contain constitutional deficiencies, including shifting the burden of proof and treating all allegations as true.
• SafeSport contends Strine opted into their rules by joining the U.S. Equestrian Federation, which governs only a portion of the sport.
• The case questions SafeSport's rulemaking power and the extent to which its policies function as federal law, impacting future due process challenges.

This Derek Strine SafeSport 10th Circuit challenge highlights potential due process vulnerabilities and challenges to the rulemaking authority of the U.S. Center for SafeSport.

Derek Strine, who owns Barnstaple South, an equestrian training facility located in Marion County, Florida, has initiated a legal challenge against the U.S. Center for SafeSport. Strine, also a member of the U.S. Equestrian Federation, is appealing a lower court's dismissal of his complaint, asking the 10th Circuit to reinstate his case. The core of his appeal, heard on Tuesday, centers on SafeSport's investigative processes and its authority to impose sanctions, following his permanent ineligibility from U.S. Equestrian Federation events.

This legal action stems from sexual misconduct complaints filed against Strine through SafeSport in September 2023 by two women. While an investigation was underway, Strine faced a temporary ban from activities sponsored by the U.S. Equestrian Federation. Despite not being a coach or an athlete, this decision significantly impacted his ability to operate his business. The women involved subsequently pursued and settled civil claims, though no criminal charges were ever filed against Strine.

Further details from civil complaints reveal the nature of the allegations. A 22-year-old woman filed a complaint in March 2023 in Marion County, Florida, stating she met Strine as a trainer, rider, and fellow business owner. After accepting a dinner invitation, she recounted blacking out and waking up nude in Strine's bed, having been sexually assaulted. In a separate civil complaint from December 2024, another woman alleged that Strine failed to pay a $385,000 settlement, leaving a six-figure balance outstanding after mediation efforts collapsed. Strine filed his lawsuit against SafeSport in August 2024, just two days after being declared permanently ineligible.

Strine's legal team, led by attorney Avery Chapman from Wellington, Florida, argues that the U.S. Center for SafeSport failed to provide adequate due process during its investigation into the sexual misconduct claims. Chapman highlighted what he described as "numerous constitutional deficiencies" within SafeSport's policies, including a perceived shifting of the burden of proof and the practice of accepting all allegations as true. A key point of contention in the 10th Circuit SafeSport appeal is Strine's assertion that he should not be subject to SafeSport's proceedings or code, questioning the organization's authority to investigate him given that he is neither a trainer nor an active participant in the sport.

During the appellate hearing, U.S. Circuit Judge Veronica Rossman inquired whether the improper delegation Strine's team cited specifically pertained to SafeSport's rulemaking power. Chapman affirmed this, contending that SafeSport's policy and procedure rulemaking, once promulgated, effectively operates as law without sufficient limitations. He emphasized that the only avenues available to challenge SafeSport's policies are through court or arbitration, both of which Strine has objected to, further underscoring the challenges to the U.S. Center for SafeSport authority. U.S. Circuit Judge Gregory Phillips, an appointee of Barack Obama, also questioned why Strine had not challenged individual policies directly.

Representing SafeSport, Denver attorney Joseph Zonies countered that Derek Strine willingly subjected himself to SafeSport's regulations by becoming a member of the U.S. Equestrian Federation. Zonies clarified that the U.S. Equestrian Federation represents a "limited body," overseeing only about one-third of the sport's events, and noted the existence of an "ecosystem" of equestrian activities that do not adhere to SafeSport's guidelines. Judge Rossman further pressed on the language that grants SafeSport the ability to create rules "as though" they were law, seeking clarification on the practical meaning of this phrase if it doesn't confer the full effect of federal law.

This Derek Strine SafeSport 10th Circuit challenge highlights potential due process vulnerabilities and challenges to the rulemaking authority of the U.S. Center for SafeSport. The outcome of this 10th Circuit SafeSport appeal could set significant precedents regarding the scope of SafeSport's power and the procedural protections afforded to individuals facing an equestrian ban SafeSport. The case underscores the ongoing debate surrounding the balance between protecting athletes and ensuring fair process for all individuals involved in Olympic and Paralympic sports, particularly concerning SafeSport rulemaking power.

This case highlights potential due process vulnerabilities and challenges to the rulemaking authority of the U.S. Center for SafeSport. Lawyers advising clients involved in Olympic/Paralympic sports, including athletes, coaches, and facility owners, should monitor this 10th Circuit appeal for precedents that could impact SafeSport's investigative and disciplinary procedures, potentially leading to new avenues for challenging bans or policy enforcement.

Source: Original reporting via Courthouse News Service