A former swimmer at Germantown Academy filed suit earlier this month, claiming that threats of rape and other abuse from a fellow student ended his promising career as a long-distance swimmer.
The plaintiff, identified as “John Doe,” became involved in GA’s swim program about four years ago, at the age of 13. The college-prep school is located in Whitemarsh Township, Montgomery County.
In his complaint, Doe claims that another participant in the program, identified as “A.L.,” routinely abused and degraded him “in any way possible.”
For example, A.L. called John Doe “vulgar” names, kneed him in his genital area and threatened to rape him, according to the suit.
“John Doe would also have his nipples twisted until he collapsed in pain, his chest hair was ripped out and he was urinated on,” the lawsuit states.
When Doe complained about the alleged abuse, Coach Richard “Dick” Shoulberg allegedly replied: “Get the hell out of my office.”
In 2013, prior to a national swim meet in California, A.L. threatened to rape Doe, according to the suit.
“A.L. continuously taunted and threatened John Doe, telling him how he cannot wait until California where John Doe would not have anyone to protect him and that John Doe better not go to sleep because John Doe would be sorry,” the suit states.
“A.L. said he was going to sodomize John Doe at night if he did fall asleep. As a result, John Doe finally broke down, screaming at A.L. in front of Shoulberg. Shoulberg, instead of disciplining A.L., told John Doe to stop it, that they were in public, and told A.L. to leave John Doe alone or ‘his mother will be calling me to complain.’ John Doe thereafter told Shoulberg that he did not want to be in the same room with A.L. However, continuing to exhibit his callous and endangering attitude towards children in the [swim] program, Shoulberg told John Doe that he would room with A.L. and ‘that is the end of the discussion.’ John Doe remained in constant fear and in a state of psychological unrest, being afraid to speak up in fear of the coaching staff and other members of the team, while remaining in fear of A.L.’s threats of rape and assault.”
When Doe became more vocal in his complaints, his peers called him a “rat” and “snitch,” causing him to “slip into an even greater depression and psychological abyss,” the suit states.
The school refused to support Doe by publicly acknowledging he was telling the truth, according to the suit.
“GA continued to cover it up, never once issuing a statement to any media outlets that the abuse had occurred and/or that Shoulberg allowed it to occur and did not report it. GA deliberately and intentionally protected its own reputation, the reputation of Shoulberg and the swim program at the expense of those who were abused, including [Doe], who continued to receive threats for being a ‘rat.’”
The stress became so overwhelming for Doe that during a swim meet in 2015 he vomited in the pool and passed out.
“During the summer of 2015, John Doe had a severe panic attack during a meet in which he vomited during the race, causing him to ingest and inhale large amounts of water thereby rendering him unconscious,” the suit states. “He was rescued from the pool and resuscitated. However, that was the end of his incredibly promising swimming career.”
Doe is on several antidepressants and he’s under psychiatric care to help him function, according to the suit.
His symptoms include post-traumatic stress disorder, depression, anxiety, panic attacks, nausea, loss of appetite, sleeplessness, loss of self-esteem, mental anguish and humiliation.
Eventually, A.L. was arrested by Whitemarsh Township police, charged as a juvenile, and pleaded guilty to crimes “relating to his continued torture and abuse of John Doe,” according to the suit.
“John Doe, a child, was forced to participate in the criminal process, being interviewed multiple times, having to relive all of the abuse he suffered, all the while continuously worrying about retaliation. However, Shoulberg was not reprimanded by anyone,” the suit states.
Shoulberg has retired as a coach at GA, and couldn’t be reached for comment.
Counts against GA include negligence, intentional infliction of emotional distress, negligent failure to rescue, failure to report suspected child abuse, false light and defamation.
“GA outrageously and unconscionably allowed Shoulberg to continue coaching and chose not to alert the public at large to their findings and/or dangers associated with participating in [the swim program] or take any remedial measures whatsoever to prevent future abuse from occurring,” the suit said.
The school issued this statement about Doe’s lawsuit: “Germantown Academy is aware that a civil suit has been filed, which makes allegations about the boys’ swim program. Given that a student is involved, the school, of course, cannot comment specifically on the allegations. The safety of GA students is paramount. GA has longstanding policies and programs in place to prevent and respond to bullying and hazing. These allegations were investigated and addressed by GA as soon as they came to the attention of the administration. We have our own account of what has been alleged. We will continue to cooperate openly and fully moving forward.”
The case remains pending in Philadelphia Common Pleas Court. Doe is seeking in excess of $50,000 in compensatory and punitive damages. A jury trial is requested.