The Applicant is a registered member of the Respondent, an athlete, and an accredited coach in the Respondent’s sport (the Coach). The Respondent is the National Sporting Organisation (NSO). The dispute was referred to the National Sports Tribunal (NST) on 14 July 2024 by the NSO under its Complaints, Disputes and Discipline Policy (CDDP).
Following a National Competition, the NSO received complaints that the Coach had breached its Child Safeguarding Policy (Policy). The NSO reported the complaints to Sports Integrity Australia (SIA) and the Police. SIA investigated and substantiated several allegations. Consequently, the NSO issued a Breach Notice imposing sanctions on the Coach, including a reprimand for breaching the National Integrity Framework, a twelve-month suspension of membership, and a requirement to complete mandatory education courses.
The Coach disputed both the substantiated findings and the sanctions. The substantive issues for determination were whether the Coach’s conduct amounted to prohibited conduct in breach of the Policy and, if so, what an appropriate sanction should be.
The Coach submitted that their conduct did not breach the Policy and that SIA’s findings and the Breach Notice should be set aside. The Coach further submitted that if the findings were not set aside, that an appropriate sanction would be lesser than that imposed. In response, the NSO submitted that there was no basis for the Tribunal to depart from SIA’s findings, and given the seriousness of the Coaches conduct, the sanctions were reasonable.
Having considered the parties’ submissions, and applying the CDDP, the NST Member found that the Coach’s conduct did breach the Policy. Regarding the sanction, the Member accepted that the Breach Notice sanctions were largely reasonable given the seriousness of the conduct, but considered that factors such as the Coach having already served a period of suspension prior to the issuing of the Breach Notice justified reduction.
The NST Member therefore upheld the sanctions imposed, but reduced the suspension of membership from twelve months to six months.