A lawsuit against former national team coach Mark Schubert has been dropped, according to Superior Court of California in Orange County documents.
Ariana Kukors Smith filed a suit on May 21, 2018 against Schubert, USA Swimming, King Aquatic Club, the King Aquatic Club Boosters, Sean Hutchison and Pacific Northwest Swimming claiming negligence in wake of alleged sexual assault by coach Hutchison.
The suit against Schubert has been dropped, while the suits against the other defendants have not.
“I am gratified to have the suit against me dismissed,” Schubert told Swimming World. “However, it was a tremendous waste of time, effort and money over a groundless accusation.”
The settlement agreement states:
“The Parties desire and intend by this Release to settle, finally and completely, all of the disputes, differences, disagreements, claims, cross-claims, demands, liabilities, damages, liens, judgments, disputes, and causes of action of every kind and nature whatsoever, at law or in equity, known or unknown, suspected, or unsuspected, arising from or in any way related to the claims and Complaint.”
It was alleged in the suit that Schubert did not do enough after finding out about a possible inappropriate relationship between Kukors and Hutchison. Schubert defended that from the beginning, telling Swimming World he looked into the rumors immediately and passed it along to the CEO of the Fullerton Area Swim Team (FAST), Bill Jewell.
Despite reporting the rumors, Schubert said he would have handled the situation differently if he could do it over again.
“We are all a lot more educated in this subject,” Mark Schubert said. “I would have alerted the police to the situation with the rumors. Back then, you felt like you weren’t sure what to say. it is obvious from (Ariana’s) comments that she wishes someone would have said something even if she didn’t say something.”
Kukors detailed her relationship with Hutchison, which she says included sexual abuse and “grooming” her as a teenager.
Hutchison has denied allegations of abuse, insisting that their relationship was consensual and happened after Kukors was an adult.
Tides Swimming