Did Racing Louisville's NDA with Christy Holly protect players or enable abuse?

The decision was swift.

The same day Racing Louisville FC executives learned the club's head coach had allegedly sexually harassed a player, they gave him the axe, stating in a late-night tweet he had been fired "for cause."

Internally, players who knew the reason behind Christy Holly's departure said the quick action was the right call. But publicly, the club let the "for cause" speak for itself – leaving room for speculation and potentially allowing the coach to be picked up by another team.

Club managers have since said they signed a non-disclosure and non-disparagement agreement with Holly that prevented them from discussing his time at Racing, a move they say was intended to protect their players.

But in the wake of a damning report on widespread abuse and misconduct in the National Women's Soccer League, players and fans have questioned whom the agreement really protects.

"I feel like there's no reason he should have been able to just get off scot-free like that," said Brooke Hendrix, a former Racing defender who played under Holly. "And we had to suffer in silence of the consequences of it all."

TIMELINE:How an investigation into ex-Racing Louisville coach Christy Holly played out

STAY UP-TO-DATE: Subscribe to our Sports newsletter now!

NDAs are intended to protect trade secrets, added Ketra Armstrong, professor of sports management and director of diversity, equity and inclusion at the University of Michigan School of Kinesiology. But they've received increased scrutiny in recent years amid the #MeToo movement as people question companies' use of NDAs to conceal sexual misconduct — which always benefits the offender over the victim, she said.

"There are ways to protect the participants but also call out the bad behavior in your company," Armstrong said. "And the NDA, the way that it has been used, I just think it is problematic. It enables abusive, misogynistic behavior to continue."

Independent investigation brings abuse allegations to light

Last week, an independent investigation commissioned by the U.S. Soccer Federation laid bare for the first time complaints that led to Holly's termination, including allegations of sexual assault and harassment from former defender Erin Simon.

The USSF retained former U.S. Deputy Attorney Sally Yates to conduct the investigation, which found Holly also verbally and emotionally abused players in Louisville and while coaching at Sky Blue FC, now known as NJ/NY Gotham FC.

In a report released Oct. 3, investigators wrote Racing Louisville staff declined to provide documents or answer questions regarding Holly's tenure, saying a mutual NDA prohibited them from doing so.

More:Racing Louisville players make statement after abuse allegations against Christy Holly

In a statement Saturday, the club said it will "fully cooperate" with a second investigation conducted by the NWSL and the league's players association, "pledging to provide the materials and access needed to complete the process."

Club officials declined to comment about signing an NDA with Holly.

Mark Lynn, an optometrist who owns naming rights to Racing's stadium, said he's "glad" Simon spoke about the alleged assault publicly "because the only way it's going to stop is to get it out there."

But Hendrix and other players say the time for publicly addressing Holly's actions has passed.

"I just think that they were trying to cover up a lot of things that they know they messed up on," Hendrix said. "And in the end, it hurts us."

More:What to know about Racing Louisville's NDA with former coach Christy Holly

Players say complaints about Christy Holly were ignored

Hendrix had hoped Racing would be a fresh start.

She was having a tough time playing for Washington Spirit and was excited when she was signed to the Louisville club in December 2020 — a month after Simon was drafted.

Hendrix said Simon told her Holly had already been sexually harassing her for more than a year. And she also saw joining the club as a way to support her friend.

But playing for Racing quickly became difficult. Hendrix said Holly was manipulative, and she didn't feel she could bring up concerns with anyone at the club.

"If you did speak up, it was kind of either brushed to the side or you just felt like you didn't matter," Hendrix said, adding multiple payers and staff members complained about Holly before he was fired.

Former Racing captain Michelle Betos, now a goalkeeper at Gotham, said she never experienced verbal abuse from Holly. But she learned after he was fired that a "large percentage of the team was negatively affected."

"It took one of the worst things that could happen to a person to actually get him out of there," she said.

On April 21, 2021, Simon says Holly sexually assaulted her during a one-on-one film session at Lynn Family Stadium, "repeatedly pushing his hands under her pants" and "under her bra," according to the Yates report.

Simon told investigators she confided in team chaplain Taylor Starr in July. On Aug. 30, Starr informed lead chaplain Garret Bates that Holly had sexually harassed a player.

The following day, Starr and Simon met with O'Connor and then-club President Brad Estes. Simon told investigators she was scared to share her experience with the group, but she "ultimately did not hold anything back."

That night, at 9:50 p.m., Racing tweeted a three-sentence statement announcing Holly's termination.

No criminal charges have been filed against Holly, and Louisville Metro Police said "no reports have been taken" regarding the former coach.

Racing Louisville NDA hampers USSF investigation

Players were pulled into a meeting around 9:15 p.m. Aug. 31, 2021, an hour after Holly was fired.

They were told Holly was having an "inappropriate relationship" with a player, Hendrix said, and that for the player's protection, the club had signed a non-disclosure agreement.

The players did not sign NDAs, Betos said, but "they told us that in the best interest of Erin ... we have to keep it in-house. If we were to say what happened, Erin could be sued for defamation and would have to report it in court."

Betos said she believed it was the right move at the time. The NWSL Players Association supported the club's handling of the termination, asking in a statement for "everyone to please trust and stand with us at this time."

But Betos and Hendrix say they now question the club's decisions.

"I just think that there could have been other ways to handle it while keeping her anonymous, without letting him walk free," said Hendrix, adding the secrecy allowed Holly to blame his termination on upset players, including her. "I think he was able to have more power in his word and carry on talking to people and having influence when he shouldn't have, (and) that affected my career."

Six days before the players association released its statement, the U.S. Soccer Federation announced it had retained Yates and Atlanta-based law firm King & Spalding LLP to conduct an investigation into misconduct in the NWSL.

More:5 key questions about Racing Louisville FC following the bombshell NWSL investigation

Holly and Simon both spoke with investigators. But Racing's participation was limited, the Yates report stated, with the club's counsel prohibiting past and current employees from discussing Holly's employment because of the NDA.

Holly told investigators Racing "never attempted to modify" the agreement so it could cooperate with the investigation.

Yates investigators recommended the NWSL and individual teams stop using NDAs to "shield information about abusive coaches." And Armstrong at the University of Michigan agrees. Sports are still male-dominated, she said, and NDAs are often by people to protect others "who look like them, think like them."

"They sustain power and privilege to those who have abused their power, and that's the problem," she said.

Anita Moorman, a professor of sports law at the University of Louisville, said laws regarding NDAs vary by state, and an NWSL policy banning them when sexual harassment is involved would keep teams consistent.

"Certainly anybody who's going to hire that coach needs to be able to get an honest assessment of that behavior," she said.

Hendrix, who now plays for Reading FC in England, said she has appreciated the love and support she and other players have received since the Yates report was published. While she has mixed emotions about everything that led to the report, she is hopeful ongoing scrutiny will change the NWSL for the better.

"It shows the bad guys don't always win," she said.

Reporter Brooks Holton contributed to this report.

Follow reporter Bailey Loosemore on Twitter @bloosemore.