The Applicant is a member of the National Sporting Organisation (NSO). The Respondent is the NSO.
The Applicant was issued a Breach Notice by the Respondent following an investigation into alleged breaches of the NSO’s Code of Conduct and Member Protection Policy (the Relevant Policies).
The Respondent proposed a sanction that included a fine, a formal written apology, and the requirement to complete three educational programs. The Respondent advised the Applicant they would remain provisionally suspended until the sanction was completed. The Applicant disputed the proposed sanction and appealed the matter to the National Sports Tribunal (NST).
The substantive issues for determination were whether the disciplinary action was justified, whether the Applicant’s conduct amounted to prohibited conduct in breach of the Relevant Policies, and whether the sanction was proportionate.
The Applicant submitted that they had not been afforded an opportunity to be heard and that the sanction should be set aside. The Respondent submitted that the Applicant made serious allegations of corruption without evidentiary basis and that the sanction imposed were reasonable.
The application was dismissed by the Tribunal.