The Applicant is a coach and life member of a club (the Coach). The Respondent is the State Sporting Organisation (SSO). The dispute was referred to the National Sports Tribunal (NST) by the National Sporting Organisation (NSO), in accordance with its Complaints, Disputes and Discipline Policy (CDDP).
The SSO received a complaint from a club member, that the Coach’s conduct had breached the NSO’s Member Protection Policy and NSO’s Code of Conduct (Relevant Policies). The SSO investigated the complaints and substantiated several allegations. Accordingly, the SSO issued the Coach with a Breach Notice and imposed sanctions including a six-month suspension of membership and accreditation, and a requirement to complete a mandatory education course.
The Coach disputed both the substantiated findings and sanction in accordance with the CDDP. The substantive issues for determination were whether the disciplinary action was justified, whether the Coach’s conduct amounted to prohibited conduct in breach of the Relevant Policies, and, if so, the appropriate sanction. In summary, the Coach submitted that their conduct did not amount to a breach of the Relevant Policies and that the sanctions imposed should be set aside. The Coach further submitted that they had been denied procedural fairness in the handling of the complaints. In response, the SSO submitted that the Coach was afforded procedural fairness throughout, and that the Coach’s justification for their conduct was not supported by evidence.
The NST Member considered the parties’ submissions. Applying the procedure in the CDDP and having regard to the seriousness of the Coach’s conduct, the NST Member found that the sanction imposed in the Breach Notice was reasonable. The Coach’s conduct was found to constitute harassment in breach of the Member Protection Policy, as well as a breach of three separate clauses of the Code of Conduct.
The NST Member determined that the Coach should be required to provide, via the SSO, a written apology to the impacted member, and to complete an educational program for coaches prior to the reinstatement of their coaching credentials.