MEMPHIS, Tenn. — A national firm that promotes and profits from cheerleading in the United States has failed to watch over those who coach and work with young people, including a Knoxville man who allegedly abused two cheer athletes here in East Tennessee, a federal lawsuit alleges.
The lawsuit was filed Monday in Memphis on behalf of unnamed alleged victims or their family members. Attorneys talked about it Tuesday morning outside the Memphis courthouse.
The lawyers said the lawsuit is part of an ongoing abuse scandal.
Defendants named in the suit include Varsity Brands LLC, Varsity Spirit LLC, Varsity Brands Holding Company Inc., U.S. All Star Federation, Bain Capital LP, Jeff Webb and Premier Athletics, which operates gyms in Knoxville and elsewhere in the South.
Also named as defendants are Susan Traylor, identified as a Premier manager, and Dominick "Nick" Frizzell, a Knoxville cheer athlete, Premier coach and now former University of Tennessee cheer squad member.
Knoxville criminal defense attorney Don Bosch and his firm represent Frizzell.
“We’ve not had an opportunity to review the entirety of this 71-page complaint. And thus, at this time, we have no comment," Bosch told WBIR.
USA Cheer issued the following statement: "What is alleged to have occurred is tragic and we are heartbroken for any victims of abuse. Sexual abuse and misconduct in all forms is reprehensible and has no place in sport or society. USA Cheer will continue to work with the entire cheer community and all relevant agencies to rid it of bad actors and hold those responsible to account. We encourage anyone with allegations of misconduct to view our athlete protection resources and reporting system."
Attorneys who filed the lawsuit said the cheer operators let their young charges down.
“All the while this was going on, Nick Frizzell was in and out of this gym, hosting cheer camps around children while Premier knew about the reports of sexual misconduct and grotesque sexual abuse of children," said Alexandra Benevento of the Strom Law Firm.
“So while they continue to talk the talk in safety of cheer and issue social media blasts and email blasts about how they can provide a safe atmosphere for children, we have seen once again that the adults in the room have failed. Premier failed. Coaches failed.”
Varsity and various business names associated with it operate cheer operations across the country, the lawsuit states. It's a lucrative business in which the operators care more about the appearances of the athletes than ensuring they're safe, the lawsuit alleges.
The lawsuit alleges Frizzell took advantage of his position as a coach to emotionally and sexually abuse the victims, one identified as a minor from Knox County and one identified as a Union County citizen who has competed as an athlete for Premier.
Frizzell, a "cheerlebrity," is well-known and respected in cheering, the lawsuit states.
According to the lawsuit, Frizzell sent nude photos of himself to both young men while they were underage. He pressed them to engage in a relationship with him, according to the lawsuit.
Eventually he had oral sex with each of them, the lawsuit states.
According to the plaintiffs, Frizzell sexually abused the males for weeks all the while being allowed to go into the Premier gym with other children while serving as a coach.
Frizzell has not been charged with a crime in Knox County. Attorneys say they expect charges to emerge from the case.
10News reached out to the Knox County Sheriff’s Office to request incident reports involving non-professional conduct by cheerleading coaches at Premier Athletics in Knoxville. The records office denied the request, saying the files are closed due to state confidentiality laws prohibiting the disclosure of child sexual abuse reports.
Tom Satkowiak, UT associate athletics director of communications, told WBIR that Frizzell joined the University of Tennessee Spirit Program for the 2022-23 academic year.
"He was suspended from participation in all spirit activities on Sept. 16 and was formally dismissed from the program on Sept. 27," Satkowiak said in an email to WBIR.
According to the lawsuit, Varsity Spirit LLC acquired Premier Athletics LLC around 2005.
Premier Athletics and Frizzell "along with other gyms and coaches were empowered and placed in positions of trust and authority by (Varsity), all while (Varsity) knew or should have known that these same coaches and gyms were pervasively abusing athletes or allowing athletes to be abused," the lawsuit states.
Lawyers said they filed the lawsuit in Memphis because that's where many of Varsity's business interests are based.
"We're filing it here in Memphis to bring it to their front doorstep," one said.
Lawyers representing Premier responded a few hours after Tuesday's news conference, saying the Knoxville West location had been "inaccurately implicated" in the lawsuit.
"The lawsuit contains many inaccuracies and false statements about Premier Knoxville and its employee, Susan Traylor, which need to be cleared up. First, the company that owns Premier Knoxville did not own any gyms until August 6, 2021. All of the allegations in the Complaint prior to that date do not pertain to Premier Knoxville's current ownership.
Second, on June 26, 2022, Susan Traylor of Premier Knoxville was told by an athlete that he had received photographs from a coach, Nick Frizzell, that were inappropriate. No copies or screenshots of the photographs were provided to substantiate this claim, and this was the first time Ms. Traylor or Premier Knoxville had received reports about this alleged misconduct. Premier Knoxville promptly suspended Mr. Frizzell and immediately reported the athlete's claim to local law enforcement as well as the USASF. Local law enforcement did not substantiate the complaint, nor did USASF. Premier Knoxville terminated Mr. Frizzell's employment.
Third, on September 18, 2022, the Knoxville West location was informed by an athlete that a different athlete, whom we believe to be John Doe 1, had a 'physical relationship' with Mr. Frizzell. John Doe 1 never reported this to Premier Knoxville, nor did his mother or any of his representatives. Premier Knoxville immediately reported this new claim to local law enforcement and also filed a report with USASF that same day. After reporting the matter to law enforcement Premier Knoxville did not have any contact with the alleged victim or his family so as not to be falsely accused of interfering with law enforcement's investigation."
Premier's lawyers said the lawsuit was inaccurate concerning the claim that the second victim never told Premier Knoxville of the allegations.
"The majority of those allegations occurred from 2019 through 2021, prior to the current owner purchasing Premier Knoxville. The health and safety of athletes that train at its facilities is extremely important to Premier Knoxville. Premier Knoxville has taken all of the appropriate and required steps based on the reports it received and it will continue to protect the health and safety of its athletes."
Attorneys representing the two victims said Tuesday morning the gyms overseen by Varsity and its various business arms had a duty to look out for the safety of the young people who took part in its programs. They failed in that obligation, the attorneys said.
They said they had reason to believe there were predators "in gyms all across the country."
The lawsuit seeks compensatory and punitive damages.