Official v National Sporting Organisation

Facts

Synergy Law was engaged through the National Sports Tribunal Legal Assistance Panel (NSTLAP) by a National Sporting Organisation (NSO) to assist them with a dispute that was due to be heard by the National Sports Tribunal (NST).

The dispute related to a complaint lodged by two members of the NSO relating to an NSO official. An investigation into the complaint was undertaken by Sport Integrity Australia (SIA). It was determined that six allegations were substantiated and amounted to breaches of the NSO's Child Safeguarding Policy.

The NSO subsequently issued a breach notice to the accused official.  The breach notice contained a proposed sanction and outlined the process the official could follow if they wished to dispute the findings or the sanction. The official did not dispute the breach findings however, they did dispute the proposed sanction issued by the NSO under the NSO's Complaints, Disputes and Disciplinary Policy (CDDP).

The official argued that the sanction was unnecessarily harsh. By agreement, the dispute of the proposed sanction was referred to the NST for review.

Issue

Three grounds for the appeal were raised. The first was whether the NSO had followed their own policies throughout the investigation and notification process. The second was whether the NSO had afforded the official procedural fairness throughout the investigation and notification process, and the third was whether the NSO had considered mitigating factors before making the proposed sanction decision.

Synergy Law's Role and Result

Synergy Law initially met with the NSO to hear the background of the dispute. The team then reviewed the NSO's policies and procedures and worked with the NSO to understand what their desired outcome was. Working collaboratively with the NSO, Synergy Law drafted a response submission to the official, incorporating administrative law principles and expert knowledge of the sports industry to capture all relevant evidence and ensure the procedural fairness was afforded to all parties and the arbitrator had all necessary information with which to decide the matter.

Through their written submissions, the NSO demonstrated that at every step of the investigation and notification process they followed all relevant policies. Synergy Law demonstrated that the NSO was responsive through the process and had provided the official with access to support and information on where and how to challenge any decision made that would affect them. it was also demonstrated that the NSo considered the SIA Case Categorisation and Guidance for Sanctions Booklet and had weighed all relevant matters when making the proposed sanction decision.

Following review of the submission prepared by Synergy Law, the official withdrew the matter and the proposed sanction stood.

Takeaways

Sporting organisations should:

• Know their policies and apply them strictly: If you are part of a sporting organisation you should undertake regular reviews of your policies to ensure they reflect any changes in law, procedures, and industry standards. You should also ensure that you appropriately respond to emerging risks.
• Always conduct any investigation or complaints process in accordance with the standards of procedural fairness: this involves affording the opportunity for both the complainant and the accused to be heard. Persons who may be adversely affected by a decision should also be notified of the case against them, including the substance of any adverse allegations or information that is credible, relevant and significant and on which the decision-maker may rely. You should also ensure that any decision which has the potential to adversely affect a person is made independently from any investigation. This removes any perception of bias and upholds standards of fairness.
• Record keeping is essential: document, document, document. Ensure that you have detailed records of all communication as soon as a complaint process begins. Providing reasons for any decision that is made can help an affected person understand why it was made. Social science research suggests that people are more likely to accept the outcomes of decisions (and to obey them) if they believe fair processes have been followed.
• Make sure there are appropriate options for reporting and responding to complaints and that the options are communicated to all NSO members: consideration should be given to how complaints can be lodged. Various modes of lodging complaints should be made available to members. These should include formal, informal, anonymous, online, and offline modes. The more accessible, the better.

For further information on how Synergy Law can assist your organisation, contact Synergy Law's team of administrative and sports law experts. Please reach out to Bobbi Campbell at bcampbell@synergygroup.net.au or Chloe Hosking at chosking@synergygroup.net.au

Synergy Law's legal services include:

conducting risk and culture reviews | preparing relevant policies and procedures | drafting and reviewing contracts | advising on compliance and governance | strategic sourcing and procurement | reviewing agreements | providing advice and contract interpretation and interaction with the law | providing advice on dispute resolution options |