A complaint was made about the conduct of a Coach (Applicant) to the National Sporting Body (Respondent). The National Sporting Body referred the complaint to Sport Integrity Australia for an investigation of the alleged breach of the National Sporting Body’s Safeguarding Policy.
The Applicant was issued with a Breach Notice following Sport Integrity Australia’s investigation, who found elements of the allegations to be substantiated.
The Applicant disputed both the breach finding and the proposed sanction and followed the National Sporting Body’s Complaints, Disputes and Discipline Policy to engage the NST’s jurisdiction.
The Applicant denied the allegations and submitted that the evidence relied on by Sport Integrity Australia was limited and inaccurate, noting that evidence was not procured from other persons closer to the interaction.
In regards to the sanction, the Applicant provided details of a long history of involvement with the National Sporting Body, including life memberships with local clubs and associations, amongst other mitigating circumstances that should have been considered.
Having regard to all the evidence, the NST was not satisfied that Sport Integrity Australia had sufficient evidence to find the complaint substantiated. There was inconsistent evidence in support of the complaint. Having regard to the Applicant’s unblemished history, glowing references, character, integrity and demeanour, the NST would require clear evidence of the complaint to find it was substantiated.
The NST therefore determined that the Applicant’s appeal was allowed, and the Breach Notice was set aside.