The matter was referred to the NST by the Sporting Body, the Respondent, to determine the veracity of breaches detailed in a Breach Offer. The offer contained details of breaches of the Code of Conduct and included proposed sanctions.
The Applicant disputed both the findings and the sanctions, however, did not file any submissions. The Applicant had previously responded to the allegations during the investigation, and these responses were outlined in the Investigation Report which was lodged in the Respondent’s submissions.
The Respondent contended that, in October 2022, the Applicant sent three offensive emails to members of the board of an affiliated State Sporting Body. By the act of sending these emails, it is said that the Applicant acted in a manner to cause harm, distress, and reputational damage to each board member and in doing so, breached the Code of Conduct.
While the Tribunal accepted that the emails may be viewed as being inconsistent with the values of the sport, this was not what the Tribunal had been originally asked to assess. The Tribunal was not satisfied that the emails were nor had the tendency to be prejudicial or harmful to the interests, reputation, or values of the sport in accordance with the Code of Conduct.
The Tribunal determined therefore the breaches had not occurred and the Sporting Body’s application was dismissed.