From Judge Leonie Brinkema's opinion yesterday in Gaebel v. U.S. Polo Ass'n:
Gaebel is a 73-year-old retired United States Naval Commander and a senior level executive with a federal government contractor. He is a registered member of the USPA. On the evening of July 10, 2021, Gaebel was playing in a series of exhibition polo matches. Although the polo matches were not organized by the USPA or held at a USPA member club, a USPA member club-Twilight Polo Club-organized the event and rented a location for it….
During the match, Siddiqui, a 14-year-old who played for a team opposing Gaebel's team, caused his horse to collide with-or as the Complaint states, "T-boned"-Gaebel and his horse, hurting plaintiff. Gaebel claimed that he bent over in pain and exclaimed "motherfucker" at the ground, but Siddiqui claimed that Gaebel called him a "motherfucking nigger." After the match, Siddiqui immediately told his coach, Delora Burner, and his mother what he claimed Gaebel said. Burner then told the event's manager, John Gobin, who walked over to Gaebel and asked Gaebel to apologize to Siddiqui. Gaebel claims that he approached Siddiqui and his family, "vehemently denied the accusation," and told plaintiff that he has never used a racial slur. Burner and Siddiqui's mother claim that instead of apologizing, Gaebel bullied Siddiqui by pushing his shoulder and repeatedly saying, "Didn't we already settle this kid?"
The next day, July 11, 2021, Burner and Siddiqui's mother each emailed the USPA to complain about the in-game and post-game incidents…. On July 14, 2021, the USPA informed Gaebel that Burner filed what the USPA Disciplinary Procedures Policy ("DPP") refers to as a "Conduct Violation Complaint" against him. On July 23, 2021, the USPA emailed plaintiff a formal "Notice of Alleged Conduct Violations, Issuance of USPA Charges and Notice of Hearing" ("Notice"). The Notice charged Gaebel with violations of the USPA's Code of Conduct, informed him of "The Alleged Conduct Violations," and stated that a hearing would take place on Friday, August 6, 2021, over Zoom, during which plaintiff"will be entitled to present evidence, defend against the charges, and cross-examine witnesses." The Notice also informed plaintiff of the evidence that may be used against him….
The hearing, which occurred on August 6, 2021, over Zoom, lasted eight hours and was judged by two USPA Hearing Officers…. The USPA issued a Final Order on August 20, 2021, in which, after finding that it had jurisdiction to consider Burner's Conduct Violation Complaint for at least two reasons, it found in favor of Gaebel …:
After hearing all the testimony and considering all of the evidence in this matter, which they and the [Executive Committee] take very seriously, the Hearing Officers have concluded that there is not sufficient evidence to find that Mr. Gaebel directed a racial slur at Aleem Siddiqui. In reaching this decision, the Hearing Officers do not reject Aleem's testimony. Rather, as the appointed representatives of the EC, they are obligated to apply the DPP's requirement that "[t]he burden of proof necessary to sustain a charge against a charged party shall be met if the [EC] reasonably believes, after hearing the evidence presented, that a Conduct Violation has occurred." Here, although Aleem testified that Mr. Gaebel directed the slur at him, Mr. Gaebel firmly denied doing so. Notably, the Umpire, Mr. Krabbe, testified that he heard Mr. Gaebel utter a vulgarity immediately after the collision, but he did not hear Mr. Gaebel use the racial slur. Additionally, Brock Bromley testified that he too heard Mr. Gaebel utter a vulgarity immediately after the collision, but he did not hear Mr. Gaebel use the racial slur. Given the contradictory testimony of the parties, and the presumably unbiased testimony of Mr. Krabbe, the Hearing Officers, acting for the EC, do not have a basis to reasonably believe that Mr. Gaebel directed a racial slur at Aleem Siddiqui, and therefore that a Conduct Violation occurred….
Gaebel then sued "Burner, Siddiqui, and Siddiqui's parents for defamation and intentional infliction of emotional distress, seeking roughly $8 million in damages and fees" and separately sued the USPA for, among other things, libel; Judge Brinkema's opinion deals with the USPA case:
