Former Colorado swimmer sues USA Swimming, accuses coach of years of sexual abuse

COLORADO SPRINGS, Colo. (KRDO) -- Sarah Ehekircher, a former Colorado swimmer, is suing USA Swimming and her former certified coach James Scott McFarland for sexual abuse that allegedly occurred more than 30 years ago.

In 1982, at 14-years-old, Ehekircher was one of the best breaststroke swimmers in Colorado. To pursue her dreams of swimming in the Olympics, she joined a highly-competitive club team — Mission Viejo, now known as Mission Aurora Colorado Swim Team.

Her coach was James Scott MacFarland, who was USA Swimming certified, meaning he paid fees to be a member of USA Swimming.

At 13-years-old, Ehekircher’s mom died of cancer. Eventually, her alcoholic father kicked her out of the house when she was still a minor, according to a federal lawsuit. During high school, Ehekircher moved in with MacFarland.

“After the death of her mother and subsequent abandonment by her alcoholic father, her coach, James Scott MacFarland, took advantage of her vulnerable state and groomed and emotionally abused her for his own sexual gratification,” Ehekircher’s federal lawsuit states.

According to the federal lawsuit complaint, Ehekircher accuses MacFarland of sexually assaulting her for the first time in 1986 while in California for a swim meet. She was 17-years-old. The age of consent in California is 18. Ehekircher claims the two had sex multiple times in various states for swim meets during the summer of 1986 before she turned 18.

“If she was 18, there would arguably be a consensual case, but since she's 17, consent doesn't matter,” said Jon Little, Ehekircher’s attorney.

The lawsuit claims it was known throughout the club team, among Cherry Creek High School, where Ehekircher went to school, and within USA Swimming that MacFarland and Ehekircher were living together and in a sexual relationship.

However, even after Ehekircher turned 18, she claims the sexual relationship was coerced, “leveraging the lodging he provided her, to induce her to sexually service him.” Ehekircher said she was “sexually abused” hundreds of times between 1986 and 1993 and was even impregnated three times.

“He totally was taking advantage of that situation,” Little said. “But in swimming, that's normal and in athletics under the United States Olympic Committee, that's normal.”

In the lawsuit, Ehekircher said the situation led to a deep depression and she tried to commit suicide three times.

“Coach MacFarland continued emotionally and sexually abusing Sarah. In reality, MacFarland was not Sarah’s “guardian;” he was her rapist and abuser,” the lawsuit states.

About thirty years after the abuse ended, Ehekircher filed a federal lawsuit in the U.S. District Court of Colorado against USA Swimming, Colorado Swimming, Mission Aurora Colorado Swim Team, James Scott MacFarland, and the Cherry Creek School District, claiming sexual battery of a minor, negligence, infliction of emotional distress and violation of forced labor laws.

Little, Ehekircher’s attorney, said the former swimmer would have filed a civil lawsuit earlier but California’s statute of limitations, where the incident occurred, prevented her from doing so. However, California changed its statute of limitation law this year, allowing Ehekircher to file the lawsuit, which was moved to Colorado, where USA Swimming is based.

Little claimed the sexual abuse of a minor is nothing new within USA Swimming.

“When you're 30 or 40 years old and you're dating the athlete you coach, that's just reflecting the culture you were brought up in,” Little said. “Scott McFarland is one of many coaches who have had sex with children who have not been banned by United States Swimming.”

MacFarland was never disciplined by USA Swimming. Ehekircher said she filed more than 30 complaints about their inappropriate relationship. It wasn’t until 20 years after the alleged abuse when USA Swimming investigated. However, Little said the investigation was flawed because USA Swimming picked its own jury and Sarah was represented by an attorney from USA Swimming’s own law firm.

During the investigation, MacFarland admitted to having a sexual relationship with Ehekircher when he was her coach but denied having sex with her in California in 1986, when she was a minor, according to the lawsuit.

USA Swimming sided with MacFarland, but Little said there was a major conflict of interest. USA Swimming was the only organization with the swim meet results from California in 1986, when MacFarland was accused of sexually assaulting Ehekircher as a minor. However, USA Swimming said it couldn’t find the results.

MacFarland continued to coach until he retired in 2018.

The U.S. Center for SafeSport, an independent organization that investigates allegations of sexual abuse, also looked into the case but closed it without resolution in 2019. Little said the organization is far from independent as most of its funding comes from the United States Olympic Committee.

“They're not going to get into the weeds on any of this,” Little said. “They administratively close 80% of the complaints made to them. They don't do investigations. Their goal is to mitigate the civil and criminal liability of the people in the Olympic movement.”

Little said to improve the alleged systemic problems within the U.S. Olympic organization, athletes need to form a union, similar to major sports leagues.

13 Investigates reached out to USA Swimming, MacFarland, and both their attorneys for comment about the allegations in the lawsuit, but we never heard back.