MARIETTA, Ga. — A new lawsuit alleges that a 15 year old cheer athlete at an elite Marietta gym was raped by a now-former coach/athlete, and in at least one other instance, was sent an explicit photo by another adult athlete.
The suit targets both the gym, Stingray Allstars, and a larger company that affiliates with gyms around the country, Varsity All Star.
The Cobb County Police Department said in September it was investigating an allegation at the Stingray gym of "inappropriate conduct" between an instructor/athlete and a victim identified as a minor.
11Alive is working to find out the status of that investigation.
The person alleged in the lawsuit to have committed the rape is currently on USA Cheer's ineligibility list, pending an investigation, for "member policy violation related to athlete protection." 11Alive is not naming the individual at this time until more is learned about the police investigation and case.
In addition to the specific abuse allegations, the lawsuit accuses both the gym and Varsity of fostering an environment where blind eyes were regularly turned to "rampant solicitation and inappropriate sexual conduct, and innuendoes, from credentialed coaches, choreographers, vendors and other adults."
Both Stingray and Varsity say there is no truth to accusations that they enabled any criminal violations.
The new lawsuit against Stingray was filed on behalf of a plaintiff from Ohio who moved to the Atlanta area in 2020 after being recruited by the Marietta gym. The athlete had been cheering since he was 12, and according to the suit, upon joining Stingray was seen as "one of the premier athletes" at the gym.
The suit alleges that the athlete was 15 at the time he was raped at the home of the coach/athlete, who was 18, on Dec. 4, 2020. It also alleges a more senior instructor at the gym "knew of the sexual assault and failed to report it to law enforcement."
The lawsuit alleges the coach/athlete was never reported to law enforcement because he "was regarded as one of the best male cheerleaders in the all-star world and to have him removed from competition would detrimentally impact the success of Defendant Stingrays."
Stingray's spokesperson wrote in an email to 11Alive Friday night that that is not true. "In early spring of 2021, Stingrays removed (the coach) the week of one of the largest competitions of the season. The claim that we kept him because our success depended on his participation isn't at all accurate."
It further described him as "cheerlebrity,” and a "celebrated Varsity athlete, well-known in the all-star community."
11Alive obtained an email sent to parents in September by Stingray Allstars that described "alleged inappropriate conduct" involving an "adult Steel athlete that might include minors on Green and Steel."
Green and Steel refer to varying team and age levels within the larger Stingray program.
The suit further adds the alleged assault became "widely known" within the gym, and that after other athletes learned of it, some "began to solicit (the athlete) for sex." That later included "unwanted photos of another adult cheerleader's genitals."
It's not clear whether Cobb County Police investigated only one or both of the allegations.
The alleged assault left the athlete traumatized, the suit says, and he "began abusing alcohol."
"Rather than offering support services, (the athlete's) Coach... told him he needed to stop drinking and mentioned (the athlete) had a 'bad reputation' in the gym because of 'you know what, happened with you know who.' Notwithstanding this knowledge, (the coach) did not report the incident to law enforcement," the suit states.
The alleged rape was first reported to law enforcement this year, in September. The lawsuit says it was the accuser's mother who came forward immediately after finding out about the accusations. But Stingray's owner says Stingray reported it to police first, and the gym did not know about the accusations until September.
The suit states the athlete "experienced bodily injury, physical pain and suffering, and mental anguish." It seeks unspecified damages through a jury trial.
11Alive reached out to Varsity Brands, LLC. about the lawsuit and accusations. A firm that provides public relations support for Varsity Brands sent a statement that said Varsity Brands' concern is for the survivors and their families.
"Children should be protected and safe at all times, and no child should ever be exposed to the kind of abhorrent behavior and abuse alleged in this lawsuit. We reject any accusation that Varsity Spirit enabled such unthinkable behavior," the statement said.
They also provided a copy of a letter they said was sent to the plaintiff's attorney earlier this month. The defamation counsel for Varsity Spirit mentioned in the notice they had seen the reports that "Varsity Spirit's retention of defamation counsel was somehow intended to silence and intimidate survivors of abuse." However, they added that those claims were a false narrative and they support survivors' pursuit for justice. They said they were retained to evaluate any defamation and to look into the "reckless disregard for the truth."
"To be clear, Varsity stands with the survivors and their pursuit of justice. We are outraged that predators took advantage of cheerleading programs to abuse innocent children," the statement added.
Stingray's spokesperson said it is not true that others at the gym knew about the accusations and failed to report them, saying, again, that they learned about the accusations this past September and immediately reported them to the police and to parents.
They also issued the following statement:
"The Stingray Allstars has and will always work vigorously with law enforcement regarding any potential maltreatment of a child, and the fact that our company took this information to law enforcement first speaks volumes. We are proud of our history providing the safest space possible for all our athletes and continue to do so. We continue to hold all survivors of abuse in our prayers."
RELATED: Rockstar Cheer closing after 100 victims listed in allegations of sexual assault against owner
In response to allegations earlier this year against a South Carolina cheer coach, Scott Foster, and the Varsity-affiliated Rockstar Gym, Varsity President Bill Seely said the allegations against Foster were "abhorrent criminal, predatory conduct" and "run counter to everything the cheer and dance community is intended to represent."
Foster, 49, died by suicide in August just before a lawsuit was filed representing 100 victims at South Carolina-based Rockstar. One of those victims now lives in Austell, and several Atlanta-area gyms had branding deals with Rockstar that they dropped as the scandal mushroomed.
11Alive reached out to the plaintiffs for further details, however, their representative said they would not comment on the lawsuit at this time.