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John Sfire and Ellen Youngers have violated the provisions of USA Swimming Rules and Regulations Article 304 (Code of Conduct), specifically Section 304.3.11. They have initiated and pursued serious acts of fraud, deception and manipulation. The purpose of their manipulations was to force particular members out of RSC and to eliminate certain Board Members of RSC who had questioned the conduct and methods of John Sfire and suggested greater oversight by the RSC Board of Directors. Fundamental RSC club member voting rights were eliminated by manipulating a contrived emergency. The Respondents’ testimony that they had no intent to deceive or manipulate is not credible. The deception and manipulation is clear from the record and their testimony, as is their improper purpose.
THEREFORE, IT IS ORDERED THAT:
- John Sfire and Ellen Youngers shall be suspended from MSI and USA Swimming membership.
- The suspension shall be for a period of one year commencing March 1, 2002.
- John Sfire, during his suspension, shall not associate with, administer or organize any events or activities associated with MSI or USA Swimming.
- John Sfire and Ellen Youngers shall be together and equally responsible for the costs of the MSI BOR for the January 21, 2002 hearing. The costs shall be paid to MSI by July 1, 2002.
The issue is one of intent.The intent in this case was to form a new club as demonstrated by the evidence. First, the formation of the Orcas was done surreptitiously by John Sfire and certain RSC Board members. Second, the RSC members were given no notice or choice, particularly a choice about the loss of their voting rights. Third, John Sfire admitted that the clubs were separate and even offered to change the Orcas name if RSC so desired. Fourth, the complicated and elaborate set of events used to justify the transfer of assets and swimmers from RSC to Orcas was motivated by the desire to eliminate three Individuals from the RSC Board and ten swimmers from the team because they had apparently questioned John Sfire's policies, and further motivated by John Sfire's goal that there be no member voting on a team coached by him. Fifth, there was no crises which required action without first informing and consulting those affected - the athletes and members of RSC. The supposed crises was contrived and intended to terminate RSC (a member controlled team) and transfer its assets to Orcas (a team in which members have no rights as to governance).
In the venue of competitive swimming, RSC and the Orcas are not the same club.